the appurtenances in N. and A. aforesaid or either of them containing by estimation c. then lately purchased by the said R. R. as in and by the said several Indentures or Deeds indented amongst other things therein contained more at large it doth and may appear in which said several Indentures there is contained a Proviso in these words following that is to say Provided alwayes That if the said R. R. during his natural life shall by his Deed or Deeds of revocation under his hand and seal testified by two witnesses or more revoke annihilate and make void or declare that he doth revoke annihilate and make void all or any the Uses and Estates in and by these presents limited and raised of or upon all or any of the said Mannors Messuages Lands Tenements and Hereditaments whatsoever in the said Fine to be contained and in these presents mentioned that then from and after the ensealing of such Deed or Deeds of revocation such of the said Uses as shall be declared to be revoked shall cease and be utterly void frustrate and of none effect and that then the said Fine of such parcel or parcels to be revoked shall be to the onely use of the said R. R. and his Heirs for ever any thing before in these presents contained to the contrary thereof in any wise notwithstanding as in and by the said Proviso in the said several Indentures mentioned and contained more plainly may appear Now know ye that the said R.R. as well in consideration that the uses and estates of and in the said Mannor Lands Tenements and Hereditaments in the aforesaid Indentures of entail specified may touching the said uses and estates remain and be rovoked and continue to the said R. R. his heirs and assigns to be disposed of at his or their pleasures and also for divers other good and just Causes and Considerations him hereunto especially moving and by vertue of the Proviso contained in the said several Indentures above recited or mentioned or other wise hath revoked annihilated and made void and by this present deed of Revocation doth revoke annihilate and make void the several uses and estates in and by the said Indentures or either of them raised or limited of or upon all the said Mannor of Lingate with the Royalties Rights members and appurtenances thereof whatsoever in N. and A. aforesaid or either of them in the said County of c. and of all the said Lands Tenements and Hereditaments to the said Mannor of Lingate now or of late appertaining or belonging or as part parcel or member thereof heretofore had known or reputed with the appurtenances in N. and A. aforesaid or either of them containing by estimation c. late purchased by the said R. R. of c. And further the said R. R. for the consideration aforesaid and by vertue of the said Proviso contained in the said several Indentures and otherwise hath revoked annihilated and made void and by this present Deed of Revocation doth revoke annihilate and make void the several uses and estates in and by the said Indentures or either of them raised and limited of or upon one Close of Land and Pasture called K. Close containing by estimation c. and of or upon one other Close of Land and Pasture with the appurtenances containing by estimation c. in N. aforesaid and of or upon two acres of arable Land by estimation c. in N. aforesaid now in the occupation of c. or of his Assigns In witness c. A Grant of the Reversion of certain Lands THis Indenture made c. between R. W. of c. of the one part and C. D. of c. of the other part witnesseth That the said R. W. for and in consideration of the sum of c. hath granted bargained and sold and by these presents doth fully clearly and absoluted grant bargain and sell unto the said C. D. his Heirs and Assigns for ever all that his Right Title Use Interest Reversion and Remainder of and in all and singular c. now or late in the Tenure or Occupation of c. which said Messuage and other the premises with the appurtenances he the said R. W. hath should or ought to have by and after the deceasâ— of A. W. Mother of the said R. Which said Messuage or Tenement Barn Orchard c. with the appurtenances R. W. deceased late Father of the said R. W. party to these presents By his last Will and Testament devised willed and bequeathed unto the said A. W. for and during the natural life of the said A. W. and the immediate reversion or remainder thereof to the said R. W. and his Heirs for ever Together with all the Deeds Evidences Charters Escripts Writings and Minuments which he the said R. W. or any other to his use or by his consent or delivery have or hath touching or concerning the said Messuage or Tenement and other the premises or any part or parcel thereof All and singular which said Deeds Evidences Charters c. the said R. W. hath already delivered at and before the ensealing and delivery of these presents To have and to hold the said reversion and remainder and all the Estate Right Title Interest c. of the said R. of in and to the said Messuage or Tenement other the premises with the appurtenances before by these presents granted bargained and sold or meant mentioned or intended to be hereby granted bargained and sold and every part thereof immediately from and after the decease of the said A. W. the Mother unto the said C.D. his Heirs and Assigns for ever to the onely proper use of the said C. D. his Heirs and Assigns for ever And the said R. W. for himself his heirs c. That he the said R. W. at the day of the date of these presents is lawfully and solely seized of and in the reversion and remainder of the said Messuage or Tenement and of other the premises with the appurtenances immediately from and after the decease of the said A. W. of a true and perfect estate of inheritance in the Law in Fee to his own use without any manner of Condition Mortgage or Redemption And further that the said reversion or remainder of the said Messuage or Tenement and of other the premises with the appurtenances from by and after the decease of the said A. W. the Mother and at the day of the date hereof are and be and so at all times from henceforth shall be and continue free clear and clearly acquitted exonerated and discharge and freely save harmless by the said R.W. his Heirs Executors and Administrators of and from all and every former and other Bargains Sales Gifts Grants Leases Statutes-Merchant and of the Staple Recognizances Joyntures Dowers Wills Entails Intrusions Rents-charge Rents-seck Arrerages of Rents and of and from all other Charges Titles Troubles Incumbrances and Demands whatsoever had made committed suffered or done by c. In
Farm Messuage or Tenement in S. M. aforesaid together with all and every the Houses Edifices Buildings Barns Stables Yards Gardens Orchards arable Lands containing by estimation sixty Acres be the same more or less and all Closes Meadows Pastures and Hereditaments to the said Messuage or Tenement belonging or in any wise appertaining with the appurtenances now or late in the Tenure or Occupation of the said A. B. or his Assigns and also all that Messuage or Tenement Houses Buildings Barns Stables Orchards Gardens arable Lands containing by estimation an hundred Acres be the same more or less Closes Meadows Pastures Lands Tenements and Hereditaments to the said Messuage or Tenements belonging oâ— in any wise appertaining scituate lying and being in S. M. aforesaid with the appurtenances heretofore in the Tenure or Occupation of C. D. and now or late in the Tenure or Occupation of T. W. or his Assigns and all those arable Lands containing by estimation thirty Acres be the same more or less and all those Closes Meadows Pastures Lands Tenements and Hereditaments with their and every of their appurtenances scituate and being in S. M. aforesaid now or late in the Occupation of c. or his Assigns and also all those twenty Acres of arable Lands Meadows and Pasture in S. M. aforesaid now or late in the Tenure or Occupation of W. H. or his Assigns Together with all and singular Wayes Easements Commons Common of Pasture Profits and Commodities whatsoever to the said Premises or any part thereof belonging or appertaining or therewith used and enjoyed or excepted reputed or taken as part or parcel or member thereof with their and every of their appurtenances To the use and behoof of the said V. W. for and during the term of his natural life without impeachment of or for any manner of strip oâ— waste and from and after his decease to the use and behoof of the said F. for and during the term of her natural life for her Joynture and in lieu and recompence of her Dower and Title of Dower and from and after the several deceases of them the said V. W. and F. his wife then to the use and behoof of the first Son of the body of the said V. W. on the body of the said F. lawfully begotten or to be begotten and of the Heirs males of the body oâ— such first Son lawfully to be begotten and for default of such Issue then to the use and behoof of the second Son of the body of the said V. W. on the body of the said F. lawfully begotten or to be begotten and of the Heirs males of the body of such second Son lawfully to be begotten and for default of such Issue to the use and behoof of the third fourth fifth sixth seventh eighth ninth tenth and every other Son on the body of the said F. lawfully begotten or to be begotten and of the Heirs males of the body of every such to be begotten Son lawfully to be begotten the eldest Son and the Heirs males of his body being alwayes preferred before the younger Son and the Heirs males of his body according to the seniority and priority of Birth and Age and for default of such Issue then as for and concerning all and singular the premises hereby limited and appointed to and for the Joynture and Livelihood of the said F. with their and every of their Appurtenances and the Reversion and the Reversions Remainder and Remainders thereof and of every part thereof to the use and behoof of the said A. B. J. P. and J. G. and their Assigns for and during the term of their natural Lives and the life of the longest Liver of them and from and after their decease and the decease of the Survivor of them to the use and behoof of the Executors Administrators and Assigns of the Survivor or Survivors of them the said A. B. J. P. and J. G. for and during and unto the full end and term of Sixty years from thence next ensuing and fully to be compleat and ended upon trust and confidence and to the Uses Intents and Purposes hereafter in and by these presents limited expressed and declared that is to say from and after the decease of them the said A. B. J. P. and J. G. and of the Survivor of them and from and after the end expiration and other determination of the said term of Threescore years as aforesaid then as for and concerning the Reversion and Reversions Remainder and Remainders of the said Messuage Lands Tenements and Premises so limited for Lives and Years aforesaid And as for and concerning all that the Mannor of S. M. aforesaid Mannor-house or Capital Messuage and all and every the Houses Edifices Buildings Barns Stables Yards Orchards Gardens Lands Closes Meadows Pastures Feedings Tenements and Hereditaments commonly called or known by the name of the Demeasn Lands of the Mannor of S. M. aforesaid scituate lying and being enclosed and invironed with a Ring-hedge near about the said Capital Messuage and for and concerning all other the Lands Closes Meadows Pastures Feedings Tenements and Hereditaments with their and every of their Appurtenances and the Reversion and Reversions Remainder and Remainders thereof whereof no Estate Use or Uses is or are herein formerly limited and declareâ— to the use and behoof of the said V. W. and his Assigns for and during the term of his natural Life without any impeachment of or for any manner of strip or waste and from and after his decease to the use and behoof of such person or persons for such Estate and Estates and for such use and uses and in such sort manner and form as the said V. W. by any his Deed or Deeds in writing intended sealed delivered and executed in the presence of three credible Witnesses at the least shall declare limit and appoint and until such declaration limitation or appointment then to the use and behoof of G. W. eldest Son of the body of the said V. W. and of the Heirs males of the body of the said G. W. lawfully begotten or to be begotten and for default of such Issue then to the use and behoof of R. W. second Son of the body of the said V. W. begotten and of the Heirs males of the body of the said R. W. lawfully to be begotten and for default of such Issue to the use and behoof of the third fourth fifth sixth seventh eighth ninth tenth and every other Son of the body of the said V. W. lawfully begotten or to be begotten and of the Heirs males of the body of every such to be begotten Son lawfully to be begotten the elder Son and the Heirs males of his body to take place and be preferred according to the seniority and priority of Birth and Age and for default of such Issue to the use and behoof of the Heirs of the said V. W. lawfully begotten or to be begotten and for default of such Issue to the use and behoof of the right
or from the said Mannor or any of the Lands Tenements and other the aforesaid premises without any fraud or covin of the said R. D. and B. or either of them their Heirs or Assigns by reason of any Right Title Estate of Interest to be had or made by R. W. the Grand-father or I. W. the Father of the said I. or the said I. or by any other person or persons claiming in by or under their or any of their Estates Titles or Interests That then he the said I. his Heirs Executors or Administrators or some of them shall and will within six moneths next after such eviction so to be had of the said Mannor or of any other the premiles or any part or parcel thereof upon reasonable request to be made at or in the c. well and truly pay or cause to be paid unto the said R. D. and B. their Heirs and Assigns for every Acre five pound and so after that rate and rate-like and that without fraud covin or further delay In witness c. An Indenture to lead the use of a Fine THis Indenture made the c. between F. G. of c. of the one part and R. VV. of c. of the other part VVhereas it is condescended unto and agreed between the said F. G. his Heirs c. and the said R. VV. his Heirs c. that the said F. G. his Heirs shall from time to time during two years next ensuing the date of these Indentures do cause suffer and make such assurance of his Mannors of M. and S. in the County of D. and the Advowson of the Church of A. and of all his Lands Tenements Rents Reversions Services and Hereditaments whatsoever in M. and D. in the County of D. in such manner and form as by the said R. VV. his Heirs and Assigns or his or their Council learned in the Law shall be reasonably devised advised or required at the Costs and Charges of the said R. VV. Now witnesseth this Indenture That the said R. VV. hath devised that the said F. G. at the term of Saint Hillary next ensuing the date above-written shall levy and acknowledge one Fine c. of the said Mannors Lands Tenements Advowsons and all other the premises to the said R. VV. and his Heirs in due form of Law which Fine so to be had levied and executed touching and concerning the said Mannor of M. c. and all the Lands Tenements Meadows Leasows Pastures and Hereditaments with the appurtenances to the said Mannor of M. c. belonging to the said F. G. for himself and his Heirs doth covenant and grant to and with the said R. VV. by these presents shall stand and be to the use of the said F. G. during his life without impeachment of waste and after his Decease to the use of the said R. VV. and D. his wife and of the Heirs of the said R. on the body of the said D. lawfully begotten and for default of such Issue to the right Heirs of the said R. VV. for ever And which Fine to be levied and executed touching and concerning all the residue of the premises the said F. G. for him and his Heirs doth covenant and grant to and with R. VV. by these presents that the said Fine shall stand and be to the use of the said F. G. and I. now his wife and the Heirs of the said F. upon the Body of the said I. begotten And for default of such Issue then to the use of the said R. VV. and D. and of the Heirs of the Body of the said R. and D. between them lawfully begotten and for default of such Issue then to the right Heirs of the said R. VV. for ever In witness c. An Indenture of Demise of divers Lands c. in consideration of a sum of Money paying a Pepper-corn yearly THis Indenture made the third day of May 1649. c. between Sir T. B. of D. in the County of c. Knight and Baronet and M. H. of D. aforesaid Gentleman Servant to the faid Sir T. B. of the one part and Sir W. T. of C. in the County of N. Knight of the other part Witnesseth That the said Sir T. B. and M. H. as well for and in consideration of the sum of c. of lawful money of England to them in hand paid before the ensealing and delivery hereof by the said Sir W. T. whereof and wherewith the said Sir T. B. doth acknowledge himself satisfied contented and paid and thereof and of every part and parcel thereof doth acquir and discharge the said Sir W. T. his Heirs Executors and Administrators and every of them by these presents as also for divers other good Causes and Considerations them hereunto moving Have demised granted and to farm-letten and by these presents do demise grant and to farm-let unto the said Sir W. T. his Executors Administrators and Assigns all those several Closes or parcels of Land Meadow Pasture and Arable called or known by their several Names following That is to say one Close or parcel of Ground called D. containing by estimation c. Acres be the same more or less and one other Close or parcel of Land called E. containing by estimation c. Acres be the same more or less And one Close or parcel of L. and called C. containing by estimation c. Acres be the same more or less c. All and singular which said Closes and parcels of Lands are scituate lying and being within the Fields Parishes Precincts and Territories of H. alias H. in the County of L. and are part and parcel or reputed and taken to be part or parcel of the Mannor of H. alias H. aforesaid And also all singular Messuages Tenements Buildings Orchards Gardens Commons Common of Pasture Waters Fishings Woods Underwoods Trees Bushes Fences Free-boards Wayes Easements and all other Rights Jurisdictions Priviledges Franchises Liberties Profits Conditions Emoluments and Hereditaments whatsoever growing arising being coming or issuing in upon or out of the premises and every part and parcel thereof or to the same or any part thereof belonging or appertaining To have and to hold all and singular the said Closes and parcels of Land and all and singular the premises and every part and parcel thereof with their and every of their Rights Members and Appurtenances unto the said Sir W. T. his Executors Administrators and Assigns from the first day of May last past before the date hereof unto the full end and term of One thousand years from thence next immediately ensuing and fully to be compleat and ended Yielding and paying therefore yearly during the said term unto the said Sir T. B. his Heirs or Assigns one Pepper-corn at the Feast of Saint Michael the Arch-angel only if the same be lawfully demanded And the said Sir T. B. and M. H. for them their Heirs and Assigns do joyntly and severally covenant grant and agree to and with the said Sir W.
T. his Executors Administrators and Assigns and every of them by these presents That the said Sir W. T. his Executors Administrators and Assigns shall and may lawfully peaceably and quietly have hold occupy possess and enjoy all and singular the premises before by these presents demised and every part and parcel thereof with their and every of their rights members and appurtenances without the lawful let suit trouble eviction expulsion interruption or demand of or by the said Sir T. B. and M. H. or the Heirs or Assigns of either of them or of or by any other person or persons lawfully claiming from by or under them or any of them or their or any of their uses or by from or under their or any of their title estate means or procurement as also acquitted and discharged or within convenient time after reasonable request thereof to be made well and sufficiently saved and kept harmless of and from all and all manner of former or other Bargains Sales Estates former Leases Titles Dowers Rights Titles of Dowers Joyntures Uses Entails Wills Rent-Charges Rent-Services Arrerages of Rents Statutes Recognizances Judgments Executions Titles Troubles Charges and Demands whatsoever had made done committed or willingly and wittingly suffered by the said Sir T. B. and M. H. their Heirs or Assigns or any of them or of or by any other person or persons whatsoever lawfully claiming by from or under them or any of them or to their or any of their uses or by their or any of their titles estates means or procurement In witness whereof the Parties first above-named to these present Indentures have interchangeably set their hands and seals the day and year first above written An Indenture of re-demise of the former demised premises to the same Parties reserving the Rent of 250 l. with a Proviso that the same shall cease upon the payment of the sum of Money in the former Demise specified THis Indenture made the c. day of c. between Sir VV. T. of G. in the County of N. Knight of the one part and Sir T. B. of D. in the County of N. Knight and Baronet and M. H. of D. aforesaid in the said County of N. Gentleman Servant of the said Sir T. B. of the other part VVitnesseth That the said Sir VV. T. as well for and in consideration of the yearly Rent hereunder reserved well and truly to be contented and paid in manner and form hereunder expressed As also for divers other good Confiderations him at this present thereunto especially moving Hath demised granted and to farm-letten and by these presents doth demise grant and to farm-let unto the said Sir T. B. and M. H. and the Executors Administrators and Assigns of the said Sir T. B. all those several Closes or parcels of Lands Meadows Pastures and Arable called or known by the several Names following That is to say one Close or parcel of Ground called D. containing by estimation c. Acres be the same more or less and so go on as in the demise All and singular which said Closes and parcels of Lands are scituate lying and being within the Fields Patishes Precincts and Territories of H. alias H. in the County of L. and are part and parcel or reputed and taken to be part and parcel of the Mannor of H. alias H. aforesaid And also all and singular Messuages Tenements Buildings Orchards Gardens Commons Common of Pasture VVaters Fishings VVoods Under-woods Trees Bushes Fences Free-boards VVayes Easements and all other Rights Jurisdictions Priviledges Franchizes Liberties Profits Commodities Emoluments and Hereditaments whatsoever growing being arising coming or issuing in upon or out of the premises and every part and parcel thereof or to the same or any part thereof belonging To have and to hold all and singular the said Closes and parcels of Land and all and singular the premises and every part and parcel thereof with their and every of their Rights Members and Appurtenances unto the said Sir T. B. and M. H. and the Executors Administrators and Assigns of the said Sir T. B. from the first of May last past before the date hereof unto the full end and term of Nine hundred ninety and nine years from thence next and immediately ensuing and fully to be compleat and ended Yielding and paying therefore yearly during the said term unto the said Sir VV. T. his Executors Administrators and Assigns at or in the South-porch of the Parish-Church of D. aforesaid the sum of Two hundred and fifty pounds of current English Money at two usual Feasts or Terms of the year that is to say at the Feast of Philip and Jacob and All-Saints by even and equal portions And if it shall happen the said yearly Rent of c. or any part or parcel thereof to be behind and unpaid after either of the aforesaid Feast-dayes of payment in which the same ought to be paid by the space of fifteen dayes that then and from thenceforth it shall and may be lawful to and for the said VV. T. his Executors Administrators and Assigns and every of them in all and singular the said Closes and parcels of Land and all and singular the premises and every part and parcel thereof with their and every of their appurtenances wholly to re-enter re-possess re-enjoy have again and detain as in his and their former Estate this Indenture or any thing therein contained to the contrary thereof in any wise notwithstanding Provided alwayes and it is covenanted Proviso condescended unto concluded and agreed by and betwixt all the Parties in these presents That if the said Sir T. B. his Executors Administrators and Assigns upon half a years warning thereof by writing under his or their Hands before-hand to be given by the said Sir T. B. his Executors Administrators or Assigns unto the said Sir VV. T. his Executors Administrators or Assigns shall and will at or on the first day of May or the Feast of All-Saints during the said term in and hereby demised at or in the place aforesaid pay or cause to be paid unto the said Sir VV. T. his Executors Administrators or Assigns at one whole and entire payment the sum of Five hundred pounds of current English Money over and besides the said Rent above reserved at such day or dayes as before in these presents are limited and appointed to and for the payment of the said Rent before reserved that then from and after such payment or payments of every of the said sum or sums of five hundred pounds as aforesaid endorsed upon both parts of these Indentures and subscribed by the said Sir VV. T. his executors administrators or assigns for every five hundred pounds that shall be paid as aforesaid the full and entire sum of fifty pounds of the said two hundred and fisty pounds Rent reserved as aforesaid shall cease and be determined the said reservation or any thing in these Indentures contained to the contrary thereof in any wise notwithstanding
and Limitations hereafter in these presents expressed limited and declared and that the said Recoverers and either of them and all the parties to the same Recovery and the Parties takers thereby and their heirs and all other person and persons and his and their heirs who then were and now are or hereafter shall be seized of the said Mannors Lands Tenements Hereditaments and Premisses with their Appurtenances comprized in the said Recovery should and shall stand and be seized of the same Mannors Lands Tenements Hereditaments and Premisses comprized in the said Recovery and every parcel thereof with the Appurtenances to the same uses purposes and intents hereafter expressed And that the said Cognizees of the said Fine and either of them and all the parties to the same Fine and the takers thereby and the heirs of them and every of them and all and every other person and persons and his and their heirs who at the time of the levying of the said Fine then were or now are or hereafter shall be seized of the foresaid Mannors Lands Tenements Hereditaments and premisses with the Appurtenances Comprized in the said Fine and every of them should and shall stand and be seized of the same Mannors Lands Tenements Hereditaments and premisses Comprized in the said Fine and every parcel thereof with the Appurtenances to the uses purposes and intents hereafter in these presents expressed and declared that is to say for touching and concerning all that the foresaid Capital Messuage or House called H. house scituate and being within the said Mannor of T. in the said Counties of W. and W. with the Orchards Gardens Barns Stables Hop-yards thereunto belonging And also as for touching or concerning the said several Lands Tenements and Hereditaments next hereafter mentioned and in the said several Recoveries comprized that is to say two Meadows called H. Meadows containing by estimation 60 acres more or less one Pasture called C. containing by estimation 40 acres one Wood called B. containing 16 acres c. parcel of the said Mannors Lands Tenements Hereditaments and Premisses in the said Counties of W. and W. To the only use and behoof of the said T. Lord W. and his Assigns The Uses for and during the term of his natural life without Impeachment of or for any wast and with full power to commit waste and from and after the decease of the said T. Lord W. then to the use and behoof of the Lady K. now wife of the said T. Lord W. for and during the term of her natural life for her Joynture and in lieu and full recompence of her Dower out of all the Mannors Lands Tenements and Hereditaments whereof the said T. Lord W. now is or hereafter shall be seized And for and touching all the residue of all the said Mannors Lands Tenements Hereditaments and Premisses with their Appurtenances in the said Counties of W. and W. And for touching and concerning all the said Mannors Lands Tenements Hereditaments and Premisses in the said County of G. to the only use and behoof of the said T. Lord W. and his Assigns for and during the term of his natural life without Impeachment of or for any manner of waste and for touching and concerning the immediate Remainder of the said Capital Messuage called H. house and of all the said lands tenements and premisses before particularly mentioned or meant to be limited to the use of the said Lady K. for her Joynture as aforesaid immediately from and after the decease of the said T. Lord W. and of the said Lady K. and of the longer liver of them and the immediate Remainder of all the residue of the said Mannors Lands Tenements Hereditaments and Premisses in the said Counties of W. and W. whereof there is no use before limited or declared to the said Lady K. for her Joynture And for touching and concerning the immediate Remainder of all the said Mannors Lands Tenements Hereditaments and Premisses in the said County of G. immediately from and after the decease of the said T. Lord W. to such uses purposes and intents and under such Provisions Conditions and limitations as hereafter in these presents are specified expressed limited and declared and to none other use intent or purpose whatsoever that is to say To the use and behoof of the said Right Honourable W. Lord P. N. F. c. their Executors Administrators and Assigns for and during the term and space of c. years to commence and begin as hereafter followeth that is to say for touching and concerning the said Messuages Lands Hereditaments and premisses before limited to the use of the said Lady K. for her Joynture parcel of the said Mannors Lands Tenements and Hereditaments comprized in the said Fine to begin-immediately from and after the decease of the longest liver of them the said T. Lord W. and of the said Lady K. and for touching and concerning all the rest and residue of the said Mannors Lands Tenements Hereditaments and premisses as well in the said Counties of W. and W. as in the said County of G. for and during the term and space of _____ years to commence immediately from and after the decease of the said T. Lord W. for and to the intent and purpose that the said W. Lord P. N. E. c. their Executors Administrators and Assigns shall and may receive For payment of debts and other charges perceive dispose and imploy the Rents Revenues Issues and Profits of all the said Mannors Lands Tenements Hereditaments and Premisses respectively for and during the said term or terms of _____ years for and towards the payment and satisfaction of all such Debts and Sums of money which the said T. Lord W. doth now owe or hereafter shall borrow or owe or for which any person or persons doth or hereafter shall stand engaged for or with the said Lord W. and for his proper debt and for the payment of such Annuities Rent or Rents and securing such Leases as the said T. Lord W. hath granted or hereafter shall grant or mention or limit to be issuing or going out of the said Mannors Lands Tenements Hereditaments and Premisses or out of any of them or out of any parcel of them or any of them to any person or persons which is or are or have been or hereafter shall be the servant or servants of the said T. Lord W. for or in regard or in respect of his or their service or services done or to be done to the said T. Lord W. or to any person or persons for any money heretofore received borrowed or taken up or hereafter to be received borrowed or taken up by the said T. Lord W. or to his or their Executors Administrators and Assigns and also for and towards the payment of such Legacy or Legacies and Sums of money which the said T. Lord W. shall by his last Will and Testament in writing to be signed sealed and published between three or more sufficient Witnesses give
An Assignment of a Lease reciting divers Leases with several Covenants THis Indenture made c. Anno Domini 1633. Between M.F. of c. and H. E. of c. of the one part and I. W. of c. and R. H. of c. of the other part Whereas the Wardens and Commonalty of the Mystery of Mercers of the City of London by their Indenture of Lease under their common Seal bearing date the c. day of c. 1614. in the Twelfth year of King James c. for the consideration therein expressed did demise grant bargain and to farm-let unto the Right Honourable T. late Earl of Exeter deceased all that their Close or parcel of Pasture-ground called or known by the name of c. containing by estimation ten Acres be it more or less scituate lying and being in c. which Close abutteth upon the West c. on the East upon another Lane then or sometimes called Strewd-Lane leading from the c. towards the South upon a Plat called or known by the name of the Covent-Garden and towards the North upon certain Lands called the c. and a Garden-plat sometime in the tenure of W. R. or his Assigns which said Close called O. was sometime in the tenure of Sir T. K. deceased Father of the said Earl or of his Assigns To have and to hold to the said Earl of Exeter his Executors Administrators and Assigns the said demised Close or parcel of Pasture-ground from the Feast-day of c. last past before the date of the same Indenture unto the full end and term of Thirty years from thence next ensuing and fully to be compleat and ended at and for the yearly Rent of Ten pounds payable as in and by the same Indenture of Lease more at large it doth and may appear By force whereof the said T. Earl of Exeter entred into the said premises and was thereof lawfully possessed accordingly And whereas the said T. Earl of E. being of the premises so possessed as aforesaid by this Indenture bearing date the Nine and twentieth day of October 1615. and in the c. year of the said Majesties Reign for the consideration therein expressed did grant assign and set over all his Estate and Interest in the premises unto Sir W. S. of c. Knight his Executors and Assigns as by the same Indenture of Lease more at large appeareth And whereas also the said Sir W. B. by this Indenture of Lease bearing date the fifteenth day of February Anno Domini 1625. and in the c. year of the said late Majesties Reign for the consideration therein expressed did Demise Grant and to Farm-let unto C. Cundal of c. All that piece of ground parcel of the said Close or Pasture called and known by the name of E. alias c. containing in breadth thoughout the whole length Twenty Foot of assize c. or thereabouts adjoyning to c. Together with free ingress egress regress way and passage to and for the said C. his Executors and Administrators and to and for his and their Friends Servants and Assigns with Horses Carts and Carriages or without at their wills and pleasures in and from the said demised premises at all fit and convenient times in by and through the said wayes set forth or hereafter to be set forth by the said Sir W. S. his Executors Administrators or Assigns in or upon the same Close To have and to hold the said parcel of Ground and other the before demised premises with the appurtenances to the said C. Cundall his Executors Administrators and Assigns from c. next ensuing the date of the same Indenture unto the full end and term of twenty and eight years from thence next ensuing and fully to be compleat and ended Yielding and paying therefore yearly during the said term of eight and twenty years unto the aforesaid Sir W. S. his Executors Administrators and Assigns the sum of Four hundred pounds c. at the Feasts of c. as in and by the same Indenture of Lease amongst divers other Covenants Grants Articles and Agreements therein contained more at large it doth and may appear By force wherof the said C. Cundall entred into the said parcel of Ground with the appurtenances and was thereof lawfully possessed accordingly The Estate and Interest of which said C. Cundall of in and to the same premiseâ— did afterwards lawfully come to the Hands and Possession of the said J. W. and the said J. W. did erect and set up certain Tenements Sheds and Edifices in and upon the same parcel of Ground so demised as the said Sir C. Cundall as aforesaid And whereas also the said Sir W. S. by his Indenture bearing date the c. last past for the consideration therein expressed did grant bargain sell assign and set over all his Estate Right Title Interest Reversion Claim and Demand of into and out of the said Close or parcel of Pasture Ground called Flints Field alias Long-Acre with the appurtenances unto the said H. E. his Executors and Assigns for and during all the rest and residue of the aforesaid term of thirty years then to come and unexpired as in and by the same Indenture relation being thereunto had more at large it doth and may appear Which Assignment to the said H. E. was in trust for the Use and Behoof of the said M. F. his Executors Administrators or Assigns Now this Indenture witnesseth That the said M. F. and H. E. for and in consideration of the sum of c. to the said M. F. by the said J. W. at and before the ensealing and delivery of these presents well and truly paid the receipt whereof the said M. F. doth hereby acknowledge and thereof and of every part and parcel thereof doth clearly acquit exonerate and discharge the said J. W. his Executors Administrators and Assigns and every of them have granted bargained aliened sold assigned and set over and by these presents doth clearly and absolutely grant bargain sell assign and set over unto the said R. H. by and with the consent and direction of the said J. W. all that and every of their Reversion or Reversions of and in the said parcel of Ground demised by the said Sir W. S. to the said C. Cundall as aforesaid and of and in all Houses Edifices and Buildings erected standing or being in or upon the same parcel of Ground or any part thereof and the said yearly Rent of Four pounds reserved due and payable for the same premises and all other Rents Issues and Profits of the said premises and also all the Estate Right Title Interest Property Reversion Claim and Demand whatsoever which they the said M. F. and H. E. or either of them now have or hath or may might or ought to have claim and demand of into or out of the said parcel of Ground Houses Edifices and Buildings aforesaid or any of them or of into or out of any part or
parcel thereof Together also with the Counterpart of the said Lease made by the said Sir W.S. to the said C. Cundall as aforesaid To have and to hold the said parcel of Ground Houses Edifices Buildings Reversion Rents and all other the premises before in and by these presents granted bargained sold assigned or set over and every part and parcel thereof with their and every of their appurtenances unto the said R. H. his Executors Administrators and Assigns from henceforth for and during all the rest and residue of the foresaid Thirty years yet to come and unexpired And the said M. F. for himself his Executors and Administrators and for every of them doth covenant promise and grant to and with the said R. H. his Executors Administrators and Assigns and to and with every of them by these presents in manner and form following That is to say that it shall and may be lawful to and for the said R. H. his Executors Administrators and Assigns and every of them from time to time and at all times hereafter for and during the rest and residue of the said term of Thirty years yet to come and unexpired peaceably and quietly to have hold use occupy possess and enjoy the said parcel of Ground Houses Edifices and Buildings and the Rents Issues and Profits thereof shall or may have receive take and convert to his and their own proper use and behoof without the lawful let suit trouble eviction disturbance or interruption of them the said M. F. or H. R. or any of them their or any of their Executors Administrators or Assigns or any of them or of any other person or persons whatsoever lawfully having or claiming or which shall lawfully have or claim any lawful Estate Right Title or Interest of in to or out of the said premises or any part thereof by from or under them or either of them or by reason of their act or acts right title means or procurement other than such as shall claim by force of the said Lease made to the said C. Cundall and also free and clear and freely and clearly acquitted exonerated and discharged by the said M. F. his Executors or Administrators or some or one of them from time to time and at all times during the residue of the said term of Thirty years yet to come and unexpired and well and sufficiently saved and kept harmless of for from touching and concerning the said yearly Rent of Ten pounds reserved upon the said original Lease and by and from the said Wardens Commonalty of the Mystery of Mercers to the said Earl of Exceter as aforesaid as also free of all Incumbrances had made committed suffered or done by them the said M. F. and H. E. and either of them their Executors Administrators or any of them by their or any of their act or acts defâ—ults means or procurement And the said H. E. for himself hiâ— Executors Administrators and Assigns doth covenant and granâ— to and with the said c. his Executors c. and to and with eâ—â—ry of them by these presents That it shall and may be lawful to and for the said R. H. his Executors Administrators and Assigns and every of them from time to time and at all times hereafter for and during the rest and residue of the said term of Thirty years yet to come and unexpired peaceably and quietly to have hold use occupy possess and enjoy the said parcel of Ground Houses Edifices Buildings Rents Reversions and all other the premises before in and by these presents granted bargained sold assigned and set over and every part and parcel thereof with their and every of their appurtenances without the let suit trouble eviction disturbance or interruption of him the said H. E. his Executors Administrators or Assigns or any of them or any other person or persons whatsoever lawfully claiming or which shall or may lawfully claim by from or under him them or any of them or by from or under or by reason of his their or any of their act or acts right title interest means or procurement In witness c. A Lease of divers Lands c. with a Covenant to pay Heriots vpon Death c. with many other substantial Covenants THis Indenture made the c. between Sir H. Oniel of c. Knight of the one part and G. R. of c. Gentleman of the other part Witnesseth That the said Sir H. Oniel as well for and in consideration of a certain sum of Money to him in hand paid as also for divers other good Causes and Considerations him thereunto moving hath demised granted bargained sold and to farm-letten and by these presents doth demise grant bargain sell and to farm-let unto the said G R. all those four Towns or town-Town-lands commonly called or known or reputed to be known by the several names of Cashall K. E. F c. scituate and being within the Mannor of c. in the County of c. according as the same are bounden meeted or butted by and with the ancient Meets and Bounds thereof and as the said Towns or Townships and every or any of them have been enjoyed by the said Sir H. Oniel or any other his Farmors Lessees or Under-Tenants and now or late in the respective Tenures Possessions or Occupations of the said Sir H. Oniel or his Under-Tenants Farmors Lessees or Assigns of him the said H. O. Together with all and all manner of Houses Edifices Buildings Orchards Garden Yards Lands Meadows Pastures Wayes Waters Water-courâ—â—s Commons Profits Easements Commodities Emoluments and Hereditaments whatsoever to the said four Towns or Town-lands them or any of belonging or in any wise appertaining or with them or any of them used occupied or enjoyed And all Rents and yearly Profits and other Duties and Services reserved or payable upon or by reason of any Lease or Leases Demises or Grants heretofore to any person or persons convenanted or made of the premises or any part or parcel thereof and the Reversion and Reversions of the said four Towns or Town-lands and every of them and of all and every the before demised premises depending or expectant or remaining upon any Demises Leases or Grants now in being or at any time pretended to be of the said premises or any part thereof for term of Life or Lives or for term of Years or otherwise howsoever Except and alwayes reserved out of this present Demise and Grant of the said demised premises unto the said Sir H. Oniel his Heirs and Assigns all Timber-Trees Woods and Under-woods now growing standing or being or hereafter to grow stand or to be in or upon the said Towns or Town-lands or in or upon any part or parcel thereof together with all Felons Goods Waifs Estrayes Mines Minerals Priviledges Royalties and Franchises whatsoever to the said Towns or Town-lands or any of them belonging or in any wise appertaining and together also with free ingress egress and regress for taking having
Mariners for the safe conducting of the said Ship and keeping of the Merchants Goods during the said Voyage In witness c. A Mortgage of Lands upon Money c. THis Indenture made the c. between T. A. of c. of the one part and T. M. Vintner and Citizen of London of the other part Witnesseth That the said T. A. for and in consideration of the sum of c. of lawful money of England in hand paid unto him the said T. A. by the said T. M. at and before the ensealing and delivery of these presents the receipt whereof the said T. A. doth hereby acknowledge and thereof and of every part thereof doth hereby also clearly acquit and discharge the said T. M. his Heirs and Assigns and for divers other good Causes and Considerations him the said T. A. thereunto moving Hath demised granted bargained and to farm-letten and by these presents doth c. unto the said T. M. his Executors Administrators and Assigns all those three several Pastures of Grounds lying in S. within the parts of Holland in the County of L. containing by estimation c. be they more or less now or late in the Tenure or Occupation of one I. B. his Assignee or Assignees To have and to hold the said three Pastures and every part and parcel thereof with their and every of their appurtenances unto him the said T. M. his Executors and Assigns from the Feast of c. now next ensuing the date of these presents for during and until the full end and term of 99 years from thence next ensuing and fully to be computed compleat and ended Yielding and paying therefore yearly during the said term unto the said T. A. his Heirs Executors Administrators or Assigns one Pepper-corn if it be lawfully demanded at or on the Feast-day of St. Michael the Archangel And it is hereby concluded and agreed by and between the said Parties to these presents and the said T. A. doth for himself and A. his wife their Heirs Executors c. covenant promise and agree to and with the said T. M. his Executors Administrators and Assigns that it shall and may be lawful to and for the said T. M. his Executors Administrators and Assigns quietly and peaceably to have hold occupy possess and enjoy all and singular the said three Pastures or Grounds and Premises with their and every of their appurtenances from time to time and at all times hereafter during the said term without the lawful let and interruption of him the said T. A. and A. his wife their and either of their Heirs Executors or Assigns or of any other person or persons whatsoever lawfully claiming from by or under them or either of them And also freed and discharged of and from all and all manner of former Bargains Sales Gifts Grants Judgments Executions and other Charges of Incumbrances whatsoever had made done or suffered by them or either of them Provided alwayes and it is nevertheless agreed and concluded by and between the said Parties to these presents and it is the true intent and meaning thereof That if the said T. A. his Executors Administrators c. or either of them shall well truly pay or cause to be paid unto the said T. M. his Executors Administrators and Assigns the full and entire sum of c. of lawful money of England on the day of c. next ensuing the date of these presents at or in c. That then this present Indenture Demise and Grant and every Clause and Article therein contained shall cease determine be void and of none effect any thing in these presents contained to the contrary thereof in any wife notwithstanding In witness c. An Indenture of Bargain and Sale of a Mannor with necessary Covenants THis Indenture made the c. between J. W. of c. on the one part and R. D. of c. and B. his wife on the other part Witnesseth c. Hath granted aliened bargained and sold and by these presents doth grant allen bargain and sell unto the said R. D. and B. his wife their Heirs and Assigns all that the Mannor of c. with the appurtenances in the County of Essex And all the Lands Tenements and Hereditaments with the Appurtenances whatsoever by what name or names soever the same or any of them be known or called now in the Tenure or Occupation of W. E. or his Assigns Together with all and singular the Lands Tenements Profits Commodities and Hereditaments to the said Mannor of H. belonging or in any wise appertaining or with the same at any time heretofore demised used or occupied or reputed taken occupied or known as any part parcel or member thereof And all other his Messuages Lands Tenements and Hereditaments whatsoever lying and being in the Parish of c. or in any of them in the said County in E. And all and singular the Reversion and Reversions Remainder and Remainders of them and every of them and all Rents reserved upon any Demise or Lease of them or any part of them And also all the Estate Right Title or Interest Use Possession Claim and Demand whatsoever which he the said J. W. now hath may might should or in any wise ought to have of in and to all and singular the said bargained premises or any part thereof Together with all and singular Evidences Deeds Escripts Charters Writings Court-Rolls Books of Survey and Monuments whatsoever concerning the same as be now in the Hands Custody and Possession of the said I. W. or in the Hands Custody and Possession of any other person or persons whatsoever to his use by his delivery or which he may lawfully get or come by without suit in Law And the said J. W. doth covenant promise and grant for himself his Heirs Executors and Administrators and for every of them to and with the said R. D. and B. his wife their Heirs and Assigns upon reasonable request to deliver or cause to be delivered unto the said R. D. and B. or either of them their or either of their Heirs or Assigns at or before the Feast-day of St. Michael the Archangel next ensuing the date of these presents true Copies of all such Evidences and Writings as concern the said Lands together with any other Lands of the said J. W. to be written at the Costs and Charges of the said R. and B. or either of them their Heirs or Assigns Habend To have and to hold all and singular their said Mannor of H. Lands Tenements and all other the aforesaid premises and all and singular their appurtenances before in and by these presents bargained and sold and every part and parcel thereof unto the said R. D. and B. his wife their Heirs and Assigns for ever And the said J W. for himself his Heirs That he is seised in Fee and hath power to grant Executors and Administrators doth covenant and grant to and with the said R. D. and B.
play whereby his Master may incur any hurt Fornication in the house of his said Master or elsewhere he shall not commit Matrimony he shall not Contract Taverns he shall not frequent with his own proper Goods or any others during the said term without the special licence of his Master he shall not Merchandize from the Service of his said Master day nor night he shall not absent or prolong himself but in all things as a good and saithful Apprentice shall bear and behave himself towards his said Master and Mistress and all his during the term aforesaid And the said R. B. to his said Apprentice the Science or Art which he now useth shall teach and inform or cause to be taught and informed the best way that he may or can and also shall find to his said Apprentice Apparel Meat Drink and Bedding and all other Necessaries meet and convenient for an Apprentice for and during the term aforesaid In witness c. A Bargain and Sale of a Mannor THis Indenture made c. between J. H. of c. and R. B. of c. Esquires on the one part and W. of c. on the other part Witnesseth That whereas T. H. of c. Father of the said I H. by his Writing or Deed indented bearing date the c. in the Sixteenth year of c. for the considerations therein expressed did demise grant and to farm-let unto the said I. H. his said Son c. all those three-yard-Three-yard-lands with the appurtenances in W. aforesaid being or being accounted to be the ancient Demeasn Lands of the Mannor of W. heretofore purchased by the said T. H. of R. S Esq and also all that his yard or half of Land being in W. aforesaid then lately purchased of one H. H. with all Hades Leyes-Banks Let-grass Commons Profits Wayes Easements Commodities and Appurtenances c. thereunto belonging and all that Dove-house Close and new Orchards in W. aforesaid to the said c. belonging or appertaining or therewith used occupied or enjoyed as in c. except c. To have and to hold the said Three-yard-lands Close Orchard and all other the premises except before excepted unto the said I. H. his Executors and Assigns for and during and unto the full end and term c. from thenceforth next and immediately ensuing if the said T. H. and his Assigns so long live for and under the c. payable as by the said Deed or Writing indented relation being thereunto had more at large it will and may appear And whereas further the said T. H. by one other Writing or Deed indented bearing date c. for and in consideration of the natural love and fatherly affection that he the said T. H. did bear to the said J. H. and to the Children of the said J. H. being his Grand-children and for the setling of the Mannors Lands Tenements and Hereditaments in the said Deed indented expressed in his Name and Blood did in and by the said last mentioned Deed indented covenant and grant for himself and his Heirs to and with the said J. H. and his Heirs that the said T. H. and his Heirs should and would immediately from thenceforth stand and be seized of and in all that the Mannor or reputed Mannor of W. in the County of O. and of and in all that the Capital Messuage of W. in the County of O. wherein the said T. H. then dwelt with all and singular their and every of their Rights Rents Quit-rents Members and Appurtenances whatsoever And of and in all those three-yard-Three-yard-lands called or known by the name of the ancient-demeasn-Ancient-Demeasn-Lands of the said Mannor and of and in all that yard and half of Land lying in W. aforesaid which the said T. A. had lately purchased as aforesaid is expressed And of and in all and singular Messuages Lands Tenements and Hereditaments of the said T.H. in W. aforesaid the advowson of the C. of W. aforesaid excepted to the use and behoof of the said T. H. for and during his natural life without impeachment of or for any manner of waste and after his decease to the use and behoof of the said J. H. and his heirs for ever as by the said last mentioned Indenture acknowledged and enrolled in his Majesties High and Honourable Court of Chancery more at large it will and may appear By force and vertue of which said recited Indenture of Lease he the said J. H. is in and upon the said premises entred and was and is by force of the said recited Indenture and by force of the Statute made the c. in the c. for the transferring of uses into possession as well of the said term of three-score years as of the said remainder expectant after the death of the said T. H. possessed and seized And he the said J. H. being so of the said premises possessed and seized did afterwards by his Indenture bearing date c. and enrolled in the high Court of Chancery for the consideration therein expressed give grant bargain sell assign set over and confirm unto the said R. B. his Executors c. all singular the before mentioned premises with the appurtenances and every part and parcel thereof as in and by the said last mentioned Indenture whereunto relation being had more fully and at largâ— it doth and may appear Which said Bargain and Sale was and is upon condition that if the said J H. c. should or did pay c. on the c. at or in the c. unto the said R. B. his c. That then the said Indenture of Bargain and Sale to be void as in and by one Indenture made between the said J. H. on the one part and the said R. B. on the other part bearing date c. to which reference being had more at large it doth and may appear Now this Indenture further witnesseth That the said J. H. and R. B. for and in consideration of the sum of c. to them by the said W. P. before the ensealing and delivery of these presents well and truly in hand paid whereof and wherewith the said J. H. and R. B. do acknowledge themselves to be fully satisfied contented and paid and thereof and of every part and parcel thereof c. have granted bargained sold assigned set over and confirmed and by these presents do fully clearly and absolutely grant bargain sell assign set over and confirm unto the said W. P. his c. not onely the said recited Indenture of Lease and all their estate right title interest and term of years therein yet to come and unexpired but also all the said Mannor of W. and Capital Messnage in the said County of O. with the appurtenances Together with the said Three-yard Land called by the name of the ancient Demeasn Lands of the said Mannor And also all that yard and half of Land in W. aforesaid which the said T. H. purchased of the said H.H. as aforesaid And
c. And I the said A. B. for my self my Executors Administrators and Assigns do covenant and grant to and with the said C. D. his Executors Administrators and Assigns by these presents That if default be made of or in payment of the said sum or any part thereof contrary to the form aforesaid That then I the said A. B. my Executors and Administrators and every of us shall and will warrant and for ever defend the said several parcels and every of them unto the said C. D. his Executors and Assigns against all men by these presents In witness c. A Bargain and Sale of Houshold-stuff BE it known unto all men by these presents That I T. N. of c. for and in consideration of the sum of 25 l. of c. to me in hand paid at the ensealing and delivery of these presents by A. R. of c. whereof I acknowledge my self fully satisfied and paid and thereof and of every part and parcel thereof do clearly acquit exonerate and discharge the said A. his Executors Administrators and Assigns by these presents have granted bargained and sold and by these presents do fully clearly and absolutely grant bargain sell and deliver unto the said A. R. all such Goods and Houshold-stuff and Implements of Houshold and all other things mentioned and contained in a Schedule hereunto annexed now remaining and being in one Messuage House or Tenement and the Garden and Yard thereunto belonging called Dales situate lying and being in Hammersmith in the County of Middlesex and now in the Tenure or Occupation of the said T. N. or of his Assigns To have and to hold all and singular the said Goods Housholdstuff and Implements of Houshold and every of them before by these presents bargained and sold or mentioned to be bargained and sold unto the said A. R. his Executors Administrators and Assigns for ever to do and dispose of them and every of them at his and their will and pleasure And the said T. N. for himself his Executors Administrators and Administrators doth covenant promise and grant to and with the said A. R. his Executors Administrators and Assigns by these presents that he the said T. N. his Executors Administrators and Assigns and every of them all and singular the said Goods Utensils Implements of Houshold and Housholdstuff before bargained and sold and every of them unto the said A. R. his Executors Administrators and Assigns against all and every other person and persons whatsoever shall warrant and for ever defend by these presents In witness c. A Bargain and Sale of Leases and Goods on Condition to pay Debts and Legacies BE it known unto all men by these presents That I A. T. of c. Have given granted bargained sold and by this my present Deed do give grant bargain and sell unto R. T. my Son all my Leases or Lands held by Lease for years and all my Goods and Chattels both real and personal both moveable and unmoveable quick and dead of what kind soever they be of and in whose Hands Custody or Possession soever they be To have and to hold to the said R. and his Assigns for ever to his and their own proper use and behoof for evermore upon condition following that is to say that the said R. shall well and truly content and pay or cause to be contented and paid all my Debts whatsoever and also shall pay and perform or cause to be performed and paid all my Gifts and Legacies which I the said A. T. shall ordain and appoint by my last Will and Testament In witnesâ— c. The form of an Award TO all Christian people to whom this present Writing of Award indented shall come G. M. of c. sendeth greeting in our Lord God everlasting Whereas divers Questions Controversies and Suits have been had moved and depending between J. P. of c. of the one party and R. H. of c. of the other party as well for and concerning the interest and profits of the Rectory and Parsonage of c. as also for other causes and actions for the appeasing whereof either of the said Parties have elected and chosen me the said G. M. to be Arbitrator indifferently between them and to that end have bound themselves either to other by Obligation in the sum of 100 l. to stand to and abide the Award Arbitrement and Judgment of me the said G. M. touching the premises Now know ye That I the said G. M. taking upon me the charge of the said Award and minding that a final end and agreement shall be had and continued from henceforth between the said Parties touching the premises do make and declare this my Award in manner and form following That is to say First I award c. A Protection in time of Parliament FOrasmuch as I have special Occasions to imploy the Bearer hereof A. B. my Servant in and about my Service and Occasions during this present Session of Parliament These are therefore to will and require you to forbear to arrest attach or imprison him the said A. B. but to permit and suffer him peaceably and quietly to go about his business at his will and pleasure during all this present time of Parliament without any your suit arrest or disturbance as you will answer the contrary at your peril Given under my Hand and Seal the c. A Surrender of Copy-hold Land by way of Mortgage MEmorandum That the day and year above-written E. L. of c. did out of Court by the hand of R. G. and J. F. two of the customary Tenants of the said Mannor Surrender by the Rod into the Hands of the Lord of the said Mannor two parcels of Land with the appurtenances containing by estimation seven acres or thereabouts one parcel whereof lieth in Hammersmith within the aforesaid Parishes of c. Between the Lands of G. L. and R. M. Esq on the East and the Lands of G. M. Gentleman on the Weft the Common Sewer on the North and the Lands of W. H. on the South and the other parcel of Land containing by estimation four acres being in c. between the Land of the Bishop of c. on the West the Glebe-lands belonging to the Parsonage of c. on the East the Lands of c. on the North and the Lands of the said E. P. on the South To the only use and behoof of J. P. his Heirs and Assigns for ever To have and to hold the said parcels of Land and every of them with their and every of their appurtenances unto the said J. P. his Heirs and Assigns for ever according to the custom of the said Mannor Provided alwayes nevertheless and upon this condition That if the said E. L. his Heirs or Assigns do well and truly content and pay or cause to be paid unto the said J. P. his Executors Administrators or Assigns the full sum of one hundred thirty and four pounds of lawful money
be so made or to any other to their use and uses and the counterparts of the same for us and in our names to accept and receive And also all such Fines and other sum and sums of Money as shall grow due for the same for us and in our names and to the use of us the said G. S. and E. M. to collect gather receive and take and all such Rents Duties Heriots arrerages of Rents and profits of Courts as are already or hereafter shall be due or payable for out of or concerning the premises or any of them to receive Giving and by these presents granting to our said Attorneys and either of them our full power and lawful authority touching and concerning the premises to do execute proceed and finish in all things in as ample manner and form to all intents and purposes as we the said G. S. and E. M. or either of us might or ought to do if we or either of us were then and there personally present And ratifying and allowing all and whatsoever our said Attorneys or either of them shall do in or about the premises or any of them according to the true intent and meaning of these presents In witness c. A Letter of Attorney to deliver a Lease upon the Land TO all c. I J. M. of c. Whereas I the said J. M. have subscribed and sealed one writing bearing date with these presents and hereunto annexed purporting a Demise unto W. W. of c. of all that the Mannor of G with the appurtenances in the County of Y. and of one Messuage 300 acres of Land 100 acres of Meadow 200 acres of Pasture and 100 acres of Wood with the appurtenances in C. aforesaid now or late in the Tenure or Occupation of W. C. his Assignee or Assignees To have and to hold the said Mannor and all other the premises unto the said W. W. his Executors or Assigns for the term of five years under the yearly Rent of c. as by the said Deed indented may appear Now know ye That I the said J. M. for divers good Causes and Considerations me hereunto especially moving have made ordained constituted and authorized and in my place and stead by these presents have nominated and put W. G. of c. my true sufficient and lawful Attorney for me and in my name into all that the said Mannor of C. and into the said Messuage 300 acres of Land 130 acres of Meadow 200 acres of Pasture and 100 acres of Wood with the appurtenances and into every or any part or parcel thereof in the name of the whole to enter and peaceable and quiet possession and seisin thereof for me and in my name to take and for every such possession and seisin thereof or any part thereof had and taken as aforesaid for me and in my name as my act and deed to deliver unto the said W. W. or his certain Attorney upon some part of the aforesaid premises the said Writing or Deed indented subscribed and sealed as aforesaid And all and every other act and thing requisite and necessary to be done in about or concerning the premises for me and in my name to do or cause to be done In witness c. A Letter of Attorney to keep Court KNow all men by these presents That we P. L. and H. S. of c. do hereby authorize constitute and appoint G. C. of c. Gent. our lawful Deputy and Attorney for us and in our names to appoint a Steward and Bayliff of and for our Mannor of B. and H. and by himself or his sufficient Deputy to and for our use to keep Courts within the said Mannors or either of them and to give admittance upon alienation or death to take and receive Attornments of all and every the Tenants thereof and to and for our use to assess Fines upon such admittances and for us and in our names and to our use to receive the said Fines and also such Heriots as shall be due upon such death or alienation and likewise to receive all Rents and arrerages of Rents and also all Amerciaments Perquisites and Profits that shall arise or grow due to us or any of the said Courts We do also further authorize and appoint the said G. C. to gather take up and seize to our use all Wayfes Estrayes Deodands Out-laws and Felons Goods which shall happen to arise be due or fall within the said Mannors or either of them Given under our Hands and Seals the c. In the c. A Letter of Attorney to take possession of Lands newly purchased BE it known unto all men by these presents That I J. H. Citizen c. have made ordained constituted authorized and appointed and by these presents do make ordain constitute authorize and appoint and in my stead and place by these presents put T. C. of c. my true sufficient and lawful Attorney for me and to my use to take and receive peaceable and quiet possession and seizin of and in all that Messuage or Tenement and all and singular the Lands and Premises thereunto belonging with the rights members and appurtenances situate lying and being in c. lately bargained and sold by B. P. unto me the said J. H. and the same possession so had and taken to detain and keep to the only use and behoof of me the said J. H. my Heirs and Assigns according to the tenour and true meaning of the Indenture whereby the said premises are conveyed unto me ratifying allowing and confirming all and whatsoever my said Attorney shall lawfully do or cause to be done in or about the premises by these presents In witness c. A Letter of Attorney for a Steward of a Mannor to receive Rents with authority to impound and distrain TO all c. I G. K. of c. send greeting in our Lord God everlasting Know ye That I the said G. K. for and in consideration of the special trust and confidence which I have and do repose in my well-beloved Friend C. P. of c. Gent. have made ordained constituted authorized and appointed the said C. P. my true sufficient and lawful Attorney for me and in my name stead and place to the only proper use and behoof of me the said G. K. my Executors and Administrators to collect gather demand and receive of all every or any my Tenants or Farmers of all every or any my Lordships Mannors Lands Tenements and Hereditaments whatsoever in the County of G. all and every such sum and sums of Money Rents arrerages of Rents Amerciaments Heriots Fines Issues and Profits whatsoever as shall any wise grow due accrue be issuing or payable unto me the said G. K. out of all or any my said Lordships Mannors Lands Tenements and Heredital â—ents And upon the receipt of all every or any such sum or sums of Money Rents and Profits for me and in my name to make and give acquittances or
dayes next ensuing either of the said Feasts by even and equal portions in manner and form aforesaid And that he the said C. D. his c. or some of them at his and their own proper costs and charges shall and will from time to time and at all times hereafter when and as often as need shall require during the continuance of this present demise well and sufficiently repair support maintain uphold hedge ditch scowre fence amend and keep the said Capital Messuage or Tenement and all and singular the before mentioned to be demised premises and every part and parcel thereof in by and with all and all manner of needful and necessary reparations pailing hedging ditching sencing and amending whatsoever principal Timber only excepted and the said Messuage or Tenement and all and singular other the before mentioned to be demised premises with the appurtenances being so well and sufficiently repaired supported maintained upholder ditched hedged fenced amended and kept together with such Houshold-stuff and appurtenances of Houshold as are mentioned in a Schedule hereunto annexed in as good case and plight as the same now are reasonably wearing only excepted in the end of the said term of one and twenty years or other sooner determination of this present Lease shall and will peaceably and quietly leave surrender and yield up the same unto the said A. B. c. And also that it shall and may be lawful to and for the said A. B. his c. with Workmen and others in his or their company or without twice in every year yearly during the said term or oftner to come into and upon the before demised premises and every or any part thereof there to view seatch and see the estate and condition of the reparations of the same And upon every such view or search to give or leave notice in writing at the said demised Messuage to or for the said C. D. his c. of all defaults and lacks of reparations then and there found to repair and amend the same within six moneths after such view made and notice given as aforesaid within which time and space of six moneths he the said C. D. c. doth covenant promise and grant to and with the said A. B. his Heirs and Assigns by these presents well and sufficiently to repair and amend the same And further the said C. D. for himself his c. that he the said C. D. his c. shall and will from time to time and at all times during the continuance of this present Demise bear pay discharge and disburse all such Tythes Church-duties Taxes Subsidies and other payments whatsoever wherewith the same premises and every or any part thereof shall or may be charged or liable to pay during the said term except the quit-rent due for the said Messuage to the Lord of the Mannor of Harrow and thereof shall and will acquit and discharge the said A. B. his c. and also the said demised Messuage and Premises and every part and parcel thereof And also that he said C. D. his c. shall and will well and truly pay or cause to be paid unto the said A. B. his c. the full sum of 10 l. of c. over and above the said yearly Rent of c. for every or any acre or acres of Land that shall be at any time or times hereafter during the continuance of this present Demise ploughed digged broken up or carried in the said Closes called c. or any of them or in any other of the said Closes not heretofore digged ploughed or broken up and so proportionably according to the rate of Ten pounds every acre of Land and according to the rate for every acre or part or parcel of an acre of Land for every time every or any acre or acres part or parcel of acre or acres shall be so ploughed digged or broken up and carried in any of the said Closes the same to be paid unto the said C. D. his c. at such dayes and times as the yearly Rent hereby is reserved and appointed to be paid according to the true intent and meaning of these presents And further that neither the said C. D. his Executors Administrators or Assigns shall or will at any time or times during the continuance of this present Demise fell cut down lop or top any of the Timber-trees or any other Trees now standing growing or being or which hereafter shall stand grow or be in or upon the said demised premises or any part thereof without the good-will and licence of the said A. B. his c. in that behalf first had and obtained in writing under his or their Hands and Seals nor shall demise grant let sell assign and set over the said demised Messuages and other the premises or any part thereof or his or their estate or term of years or any part thereof of in or to the same pemises during the term by these presents granted to any person or persons whatsoever except it be by and with the consent and agreement of the said A. B. his c. in that behalf first had and obtained in writing under his or their Hands and Seals Provided alwayes and it is covenanted granted concluded and fully agreed upon by and between the said Parties to these presents That if the said A. B. his c. or any of them shall at any time or times hereafter during the said term of one and twenty years be minded and desirous to have again resume and take the said Messuage or Tenement and all and singular other the before demised premises with the appurtenances into his or their Hands and Possession before the expiration of this present Lease And of such his or their desire to give notice in writing unto the said C. D. his c. at any of the dayes or times of payment wherein or whereat the said yearly Rent hereby reserved is appointed to be paid That then the said yearly Rent shall determine at the end of one whole year next after such notice given to have again the said Messuage and all other the before demised premises And that then also at the next Feast or time of payment which shall be one whole year next ensuing such notice or warning given as aforesaid And from thenceforth this present Indenture of Lease and every Covenant Article and Agreement herein contained shall cease determine and be utterly void and of none effect as if these presents had never been had or made And that then and from thenceforth and at any time or times then afterwards it shall and may be lawful to and for the said A. B. his c. into all and singular the before demised premises and every part thereof wholly to re-enter and the same to have again re-possess and enjoy as in his or their first and former estate any thing in these presents contained to the contrary thereof in any wise notwithstanding And the said A. B.
and every of them doth covenant promise and grant to and with the said A. B. and J. G. and either of them and the Executors c. of them and either of them by these presents that he the said R. L. his Heirs and Assigns shall and will from and after the Feast of Saint Bartholomew the Apostle and from and after the said Marriage so had and solemnized stand and be seized of and in all that the Site or Seat of the Rectory or Parsonage of East-Church and of and in all Houses and Buildings thereupon built standing or being And of and in one Field or Close of Pasture with the appurtenances thereunto adjoyning containing together with the said Scite of the said Rectory by estimation forty acres be it more or less And of and in a parcel of Ground called Harleys Spring containing by estimation one acre c. And of and in one Meadow containing by estimation forty acres be it more or less And of and in one piece of Ground called Reeds Meadow containing by estimation nine and twenty acres be it more or less And of and in one Field called Frogs-Field containing by estimation two and fifty acres be it more or less And of and in one parcel of Land called Parsonage Hill-field containing by estimation 37 acres be it more or less And of and in all those Lands Closes Meadows Feedings and Pastures called or known by the name or names of Stone-pit and Stone-pike containing in the whole by estimation four hundred acres be they more or less And of and in one other piece of Land called Bercon-field containing by estimation twenty nine acres be it more or less And of and in one Cottage with one Rood of Land thereunto belonging or occupied with the same in which Cottage or House one R. D. did lately dwell All which premises are scituate lying and being in E. aforesaid and now are in the occupation of c. and of and in all other the Lands Tenements Rents Reversions Services and Hereditaments of the said R. L. in the said Parish of E. in the said County of K. to the onely use and behoof of the said R. L. and the said A. and of the Heirs and Assigns of the said R. L. for ever for the Joynture of the said A. if the said A. shall happen to survive and over-live the said R. L. And the said R. L. doth covenant and grant for himself his Heirs Executors Administrators and Assigns by these presents to and with the said A. B. and J. G. and either of them and the Heirs Executors and Administrators of them and either of them in manner and form following That is to say That he the said R. L. his Heirs Executors Administrators or Assigns shall and will at all time and times hereafter and from time to time sufficiently save and keep harmless and indempnified the said Site Lands Tenements and Hereditaments and all other the premises and every part and parcel thereof of and from all former and other Bargains Sales Gifts Grants Leases Statutes-Merchant and of the Staple Recognizances c. and of and from all other Charges Troubles and Incumbrances whatsoever had made committed or done by the said R. L. or by any other person or persons whatsoever by his means title consent or procurement the Rents and Services from thenceforth to grow due to the chief Lord or Lords of the Fee or Fees of the premises only excepted and fore-prized and that the said Site Lands Tenements and other the premises now be of the clear yearly value of 200 l. over and above all charges and reprizes And further that the said R. L. and all and every other person and persons and his and their Heirs lawfully having claiming or rightfully pretending to have any Estate Right Title or Interest of in or to the said Scite Lands Tenements and all other the premises or any part or parcel thereof by or from the said R. L. shall and will from time to time and at all times hereafter during the space of two years next ensuing the date hereof further do make acknowledge and execute all and every such other reasonable act and acts thing and things device and devices assurance and assurances in the Law whatsoever as by the said A. B. and J. G. or either of them or the Executors or Assigns of either of them or their or any of their Council learned in the Law shall be reasonably devised or advised and at the costs and charges of the said R. L. his Heirs Executors or Administrators for the better and more perfect assuring and making sure of all and singular the premises to the said A. for term of her life only in form aforesaid so that there be not any other or further warranty therein comprised than only against the said R. L. and his Heirs And further it is covenanted granted and agreed by and between the said Parties to these presents and the said R. L. doth covenant c. to and with c. that all Feoffments Fines Conveyances and Assurances to be had made knowledged done suffered or executed by the said R. L. during the life of the said A. H. shall be to the uses intents and purposes aforesaid and to none other c. And further that she the said A. from and after the decease of the said R. L. during her natural life shall or may have hold and quietly enjoy the said Lands Tenements Rents Reversions Services and all other the premises without any lawful let suit trouble eviction interruption or disturbance of the Heirs and Assigns of the said R. L. or of any other person or persons whatsoever lawfully claiming by from or under the said R. L. his c. And further it is covenanted c. by and between the c. and the said R. L. doth covenant c. in manner c. that he the said R. L. his Heirs Executors or Administrators shall not at any time or times hereafter inter-meddle with have receive or take the portion or portions legacy or legacies sum or sums of money pertaining or belonging given and bequeathed due or to be due to W. H. T. H. and J. H. the Children of the said c or any of them or with the increase and profits thereof or by reason of the same arising coming or growing or that shall hereafter arise come or grow of the same or any part or parcel of the same increase other than such parcel thereof as by covenant hereafter in these presents expressed is yearly to be paid unto the said R. L. or his Assigns for and towards the charges of bringing up the said Children but shall permit and suffer the said J. G. to have the ordering and disposing of the said increase and profits coming of the portions aforesaid for the benefit of the said Children by the appointment of the said A. and that he the said R. L. shall upon reasonable request deliver or cause to be delivered
of c. to him by the within-named C. D. in hand at the sealing of this Obligation truly paid whereof he the said A. B. acknowledgeth the Receipt hath bargained and sold to the said C. D. one hundred Tod of merchantable Wooll good and lawful viz. at the rate and price of 10 sh the Tod if therefore the said A. B. his Executors c. do well and truly deliver or cause to be delivered unto the said C. D. his Executors c. all the said one hundred Tods of Wooll sorted and packed by an indifferent sworn Wooll-packer frank and free at the Warehouse of c. on or before c. without any delay that then c. A Condition to make an Assurance by a day THe Condition c. That if the within-bound A. B. his Heirs Executors and Administrators do before the twentieth day of May next coming after the date within-written make or cause to be made unto the within-named C. D. and to his Heirs and Assigns such a good sure sufficient and indefeazible Estate of Inheritance in the Law to the only use and behoof of the said C. D. his Heirs and Assigns for ever or to the use of such person and his Heirs and Assigns for ever as he the said C. D. shall then name and appoint of and in all that Messuage c. as the bounds thereof are known by Deeds and Evidences sufficient in the Law or by Fine and Recovery if need shall be or require or by any other Suit or lawful means as by the said C. D. or his Heirs or by the Assigns of him or them or by their or any of their Council learned in the Law shall be reasonably advised devised or required and also if the same Messuages c. now are and be and so from c. for ever shall remain continue and be unto the said C. D. his Heirs and Assigns or to such other person as he the said C. D. shall name and appoint and his Heirs and Assigns free clear and clearly acquitted exonerated and discharged or otherwise upon request sufficiently saved and kept harmless of and from all and all manner of former and other Bargains Sales Leases Gifts Grants Surrenders and Incumbrances whatsoever if need be you may proceed further and also if the said A. B. his Heirs c. do at all times hereafter and from time to time and from and after the said c. for and during the space of ten years upon reasonable request to be made by the said C. D. his Heirs or Assigns do make knowledge and execute and suffer to be done and executed all such further act and acts thing and things device and devices for the better assuring and conveying of the premises unto the said C. D. his Heirs and Assigns as aforesaid be it by Fine Feoffment Deed or Deeds inrolled or not inrolled recovery release or by any other wayes or means whatsoever with warranty against the said A. B. his Heirs and Assigns and all other claiming by from or under him them or any of them or otherwise without warranty as by the said C. D. his Heirs or Assigns or by his or their County learned at his and their own proper costs and charges in the Law shall be reasonably devised and required that then c. or else c. A Condition for the renewing of a Lease when the Lessor shall come to the age of twenty one years THe Condition c. That whereas the within-bound R. R. and E. his wife late wife of the within-named T. W. by Deed indented bearing date c. have demised granted and to farm-letten unto the within-named J. G. and A. P. all those Copy-hold or customary Messuages Lands Tenements Meadows Leasoes Pastures Commons Woods Under-woods and Hereditaments commonly called or known by the several and proper names of c. or any of them or by any other name or names scituate lying and being within the Mannor or Lordship and Parish of Woodford in the County of Essex which were at the time of the decease of the said T. W. in the Tenure or Occupation of G. H. or his Assigns To have and to hold from the c. last past before the date thereof unto the end and term of forty years from thence next ensuing and sully to be compleat and ended if the said E. shall happen so long to live by the yearly Rent of c. as by the said Deed indented amongst other things Covenants Grants and Articles therein contained whereunto relation being had more at large it may appear if therefore the said R. R. and E. his Wife within one half year next after that the said E. shall come to and accomplish her full age of twenty one years upon reasonable request made by the said J. and A. or either of them their Executors or Assigns at the now c. and at the only Costs and Charges for writings or otherwise of the said J. and A. their Executors or Assigns shall make and seal and as their Deeds deliver to the said J. W. and A. P. their Executors or Assigns one Indenture of Lease of all and singular the said Copy-hold or customary Messuages Lands Tenements and Hereditaments before by the said Deed indented demised and of every part and parcel thereof and which Indenture so to be made sealed and delivered shall in all things and in every Covenant Grant and Article of the same agree verbatim with the said Deed indented which beareth the date within-written and not otherwise save only that after the commencement and beginning of the same it shall be made to hold and continue the rest of the said term of forty years which shall be then to come and unexpired comprized in the said Deed indented which beareth the date within-written viz. to continue the rest of the years which shall be then to come and no otherwise that then c. or else c. A Condition to gather Rents and to yield an account thereof THe Condition c. That if the within-bound A. B. or his sufficient Deputy do from henceforth during his natural life well truly and entirely levy collect and gather all and singular the Rents Revenews Emoluments Perquisits of Courts Issues and Profits whatsoever of or belonging to the Lordship or Mannor of c. and of all the members and parcels of the same at the Feasts of c. yearly during the said term and all the same Rents c. and all the money thereof coming hereafter to be coming of the same and every or any part thereof well and truly content and pay to the within-named C. D. at the Feasts of c. yearly and also do from time to time as often as he shall be thereunto required by the said C. D. his Heirs Executors or Assigns make render and deliver to the said C. D. his Heirs or Assigns a just true and perfect Account of all the same Rents Revenews and other the premises and of all
the said Mannor to the onely use and behoof of the said A. L. her Heirs and Assigns for ever according to the custome of the said Mannor all that little Close or Land with the appurtenances lying and being in a place called G. in the County of E. being Copy-hold Land of the said Mannor the same premisses being at the time of the said Surrender to be made freely and clearly acquitted and discharged of and from all former surtenders grants and incumbrances whatsoever that then c. A Condition that the Sheriff executing a Writ may detain out of the Goods and Lands extended so much money c. THe Condition c. That whereas the within-bound R. W. the day of the date hereof hath delivered to the hands 〈◊〉 within-named G.M. and W.M. the Writ of Execution 〈◊〉 ing and extending the goods chattels and moyety of 〈…〉 Tenements and Hereditaments of one Sir W. M. of c 〈…〉 or the use of the said R. W. whereby the same R. may be 〈◊〉 of the sum of 200 l. mentioned in the said Writ 〈…〉 case the said G. M. and W. M. or either of them do lawfully execute or cause to be lawfully executed the said Writ according to the nature meaning and purport thereof by the impannelling of Twelve lawfull and indifferent men to be sworn of the Contents of the said Writ if then the said R.W. his Executors and Administrators do quietly permit and suffer the said Sheriff or Under-Sheriff to have take receive and detain to his and their own proper use and behoof out of such moneys goods or chattels as shall be had levied or received by vertue of the said Writ or the execution thereof as much in lawful money of England or other benefit as they or the said Sheriff or Under-Sheriff or one of them shall think reasonable or sufficient for their satisfaction of and for such travel pains or charges as they shall be at in and about the execution of the said Writ and Extent thereupon to be had or made otherwise within c. next after the said Writ shall be executed and return thereof made accordingly do pay or cause to be paid unto the said Sheriff or Under-Sheriff or their Deputy or Deputies so much lawful money of England as they shall for the causes aforesaid reasonably demand that then c. A Condition to save harmless from a Bond of Arbitrement THe Condition c. That if the above-bound A.D. his Executors and Administrators or any of them do and shall from time to time and at all times hereafter well and sufficiently save and keep harmless and indempnified the above-named G. M. his heirs executors and administrators and his and their lands tenements goods chattels and hereditaments of for from and concerning one Obligation bearing date the day of the date above-written wherein the said G. M. at the request of the said A. D. is and standeth bound unto R. M. Gent in the sum of 100 l. with condition there-under written that the said A. D. abide the award of W.N. and T.B. Esquires Arbitrators and of and from all actions sutes arrests costs charges and demands whatsoever concerning the premisses without fraud or coven that then c. A Condition where Purchase-money is to be paid at two payments if default be made in the first the whole with allowance to be paid at the second THe Condition c. That whereas in and by one pair of Indentures bearing date the day of the date within-written made between the within-named A. L. of the one party and the within-bound J. I. of the other party the said J. I. is to pay to the said A. L. the sum of 200 l. of c. on the c. at or in c. being the first payment of the summe of c. which the said J.I. is to pay unto the said A.L. for the Purchase of the Keepership Herbage and Pannage of B. Park of c. in the County of c. as by the said Indenture may more at large appear And if it shall happen the said J.I. his executors administrators and assigns to make default in payment of the said Sum of 200 l. unto the said A.L. his executors administrators and assigns on the said c. next coming contrary to the tenor of the same Indenture then if the said J. I. his executors administrators or assigns do well and truly pay or cause to be paid unto the said A.L. his executors administrators or assigns the full sum of c. on the c. at or in c. without fraud or coven that then c. A Condition where money is lent upon a Bond and a Letter of Atturney to receive the money due upon the Bond the Obligor in this Bond is to pay c. THe Condition c. That whereas A.B. of c. and C D. of c by their Obligation bearing date the c. in the c. are and stand joyntly and severally bound unto E. F. c. in the sum of c. for payment of c. on the c. at c. as by the said Obligation and Condition thereupon made more at large appeareth And whereas J.F. by his Letter of Atturney bearing date the c. in the c. did make ordain and constitute the within-bound P. V. his lawful Atturney irrevocable to ask levy recover and receive to his own proper use and behoof of the said A.B. and C D or either of them the said sum of c. on the c. according to the tenor of the said Obligation as by the said Letter of Atturney more at large likewise appeareth upon which said Obligation and Letter of Atturney the within-named H. B. hath lent unto the said P. V. the full sum of c. and hath assigned the said Condition over unto the said H B. with the said Letter of Atturney so made unto the said P. V. by the said E. F. as aforesaid If in case therefore the said sum of c. be not well and truly paid to the said H. B. his Executors or Assigns at or upon the said c. next ensuing the date hereof by the said A. B. and C. D. or one of them according to the true intent and meaning of the said recited Obligation and Condition hereof to the proper use and behoof of the said H.B. then if the said P. V. and the within-bound M.C. or either of them or the Heirs Executors or Assigns of them or either of them do and shall well and truly repay or cause to be repaid unto the said H. B. his Executors or Assigns the sum of c. on the c. at or in c. in lieu of the said c. so to be paid as aforesaid by the said A. B. and C. D. that then c. A Condition that the Obligor shall pay c. within three months next after default of payment made by another THe Condition c. That whereas Sir F.C.
or through any act means consent privity of concurment And I the said O. Lady S. do covenant promise grant and agree to and with the said Sir T. L. and his assigns by these presents That it shall and may be lawful to and for the said Sir T. L. and his assigns from time to time and at all times hereafter during my natural life as occasion shall be offered to have and take as well all and every the Nets and other Engines and Instruments of what kind soever as also all the Dogs and Spaniels of whatsoever sort or kind of all or any persons whatsoever that shall at any time or times hereafter hawk hunt fish or fowl within or upon the said Lordship or Mannor of M. super S. or within or upon any part or parcel thereof without the license or consent of the said Sir T. L. or his assigns or some of them thereunto first had and obtained he the said Sir T. L or his assigns delivering or causing to be delivered unto the Bayliff or Steward for the time being of me the said O. Lady S. of the said Mannor or Lordship of M. super S. the aforesaid Nets Engines Instruments and Dogs so to be taken as aforesaid to be used bestowed and imployed to and for the use and behoof of me the said O. Lady S. in such manner and form as I the said Lady S. or my assignes shall think fit In witnesse c. A Lease of Cole-Mines THis Indenture made the c. between J.L. of c. and A. B. of c. witnesseth That the said I. L. for and in consideration of c. hath demised granted and to farm-letten and by these presents doth c. unto the said A.B. all and all manner of Mines Pits and Veins of Cole now open and known or that may be found out by digging finking or otherwise howsoever lying or being in certain Lands called or known by the name of c. within the Mannor of c. with free liberry to and for the said A.B. his executors and assigns from time to time and at all times during the term hereafter mentioned to dig search sink trench and mine in and upon the said Lands called W. and every part and parcel thereof at his and their wills and pleasure for the searching out having and taking up of Coles and the same so trenched digged and found to take and carry away from time to time and at all times during the term by these presents demised except and always reserved unto the said J.L. his Heirs and Assigns all and all manner of quarries heretofore demised by the said J. L. to C.D. of c. To have and to hold the said Mines and Pits of Coles with free liberty of digging trenching searching and carrying away the same with all and singular other the premisses except before excepted unto the said A. B. his Executors Administrators and Assigns from the Feast of c. unto c. yielding c. and if it happen the said yearly rent of c. to be behind c. and the said A.B. for himself c. covenanteth c. That he the said A. B. his Executors Administrators or Assigns at his and their own proper costs and charges shall and will from time to time and at all times hereafter during the said term of c. so long as any such Mine or Pitt shall be digged or trenched for searching out of Coles as aforesaid fill up the said Mine or Pitt with meaner Earth and then level the same in such sort again as the same may not be to the annoyance of the Occupiers of the said Lands called W. or any of them In witnesse c. A Letter of Licence TO all Christian People to whom these presents shall come We A. B. of London Alderman R. L. J. D. and J. P. Merchants c. send greeting in our Lord God everlasting Whereas J. C. Citizen and Vintner of London for and by reason of the Commerce divers Contracts Agreements and other causes between him and us the above-named persons passed and had standeth and is severally indebted unto the said A.B. R. L. I. D. and I. P. and others in divers and sundry great Sums of Money as by several Obligations and Writings under his Hand and Seal unto us severally made and otherwise it doth and may appear Now know ye That we the said A. B. R. L. I. D. and I. P. and the rest for divers and many good and charitable causes and considerations us especially moving have given and granted and by these presents do give and grant full licence and liberty unto the said I. C. quietly and freely to go about attend and negotiate as well his own private affairs businesse and causes as also all other matters and things whatsoever he hath or shall have or do for any other person or persons whatsoever as well within the City of London as within all other the c. at all and every time and times from thenceforth for and during the space of c. to begin at the Feast of c. next ensuing the date hereof without any manner of let disturbance molestation stay arrest attachment or sute of his person or of his Goods Chattels Money Merchandizes or of any other Commodities or appurtenances whatsoever by us the said c. or any of us or by the Executors or Administrators of any of us on this side or within the said space time or liberty of c. And we the said c. are not onely contented and agreed to give and grant this our present Licence and respite to the said J. C. for the payment of his said Debts but also every one of us for his part do by these presents freely and clearly release remit quit-claim and forgive unto the said J. C. all and every such Sum and Sums of Money as he the said J. C. at this present doth severally owe unto us in case any of us at any time or times during and within the said space of c. as aforesaid shall do move procure practise by or attempt or cause to be by any wayes or means any manner of act and acts thing or things to be done moved procured practised or attempted against the said J. C. or his Goods Chattels Money Merchandizes or any other of his things whatsoever contrary to the purport true meaning tenour and effect of this our present licence and grant And further our meaning and intent is That after the said c. shall be fully c. expired we do by these presents give and grant license to the said J.C. that if he his Executors Administrators or Assigns do from thenceforth yearly at the end of every year for and during the term of c. pay or cause to be paid unto us the said several Creditors or to the several Executors Admin strators or Assigns of us and every of us the full fourth part of the debt to us and
shall from time to time for and during his continuance and exercise of and in the said place and office demean himself therein without voluntary concealment fraud or deceit towards his said Lordship and do and shall yearly during such his continuance and exercise at the audits to be kept for his said Lordship yield and make true and just accompts to the auditor for the time being of the said Mannor and Premisses and also make current payment and satisfaction to his Receiver of the Premisses for the time being or other Officer or Officers in that behalf to be authorized and appointed at or before every such audit and audits of and for all and every such Sum and Sums of Money Rents Revenues Fines Issues Goods Chattels Profits and Perquisits as then shall have come to the hands of the said J. S. his Deputy or Deputies or as he or they ought justly to be charged withal to his said Lordship for or in respect of the said office or place that then A Condition to pay Childrens Portions and shares of their deceased Fathers estates THe Condition That if the above-bound R. Y. his c. pay and deliver or cause to be paid and delivered unto the above-named W. E. and M. natural Children of the above-named N. late of R. aforesaid their late Father deceased their several filial portions or childs parts of the goods and chattels of their said late Father deceased according to the Inventory thereof and also accompt and render unto them their just shares of all other their rights due unto them by vertue of the last Will Testament of their said father when they come to the full age of twenty one years or happen to be married and also honestly according to their degrees educate and bring up the said children during the time of their nonage with meat drink apparel and learning and if it happen any of the said children to dye before they come to full age or to be married then if the said R. Y. do content and pay the portion and other rights of him her or them so dying to whom the Law shall appoint the same to be paid or who by proximity of blood ought to have it and also save and keep harmless the above named c. Comissary and all other the officers that then c. A Condition that the Heir shall make no claim THe Condition c. That whereas R. G. of c. father of the above-bound R. is possest of one messuage or tenement and certain customary Lands thereunto belonging holden of the Right Honourable c as of the Mannor of c. called or known by the name of c. now in the occupation of c. out of which messuage or tenements is issuing the yearly rent of c. and whereas the said R. the son for and in consideration of a certaine competent sum of c. to him the said R. by the said J. well and truly contented and paid whereof and wherewith the said R. acknowledgeth himself fully satisfied hath granted and agreed that the said J. by and with the consent of the said R. the father shall have enjoy to his own use for ever the said messuage or tenement lands and premises and all the estate right title and interest which the said R. the son now hath or at any time hereafter may might should or ought to have of in and to the same from by or under the right title or interest of the said R. the Father or as heir unto him if therefore the said R. the Son his c. nor any of them do not at any time hereafter make or cause to be made any claim or demand of in or to the said Messuage or Tenement and premisses or any part thereof from and after the decease of his said Father but to permit and suffer the said J. G. his c. and every of them to have possess and enjoy to his and their own use for ever the said c. and every part thereof without any let or disturbance of or by him the said R. the Son his c. or of or by any other person or persons or by his their or any of their acts means consents or procurements clearly released acquitted and discharged of and from all incumbrances whatsoever by him them or any of them had made committed or done or to be had made committed or done in any wise that then c. A Condition to appear before the Justices of Peace c. COndition c. That if the above-bound S. T. do personally appear in the custody of the Bayliff within-written or his Deputy before the Justices c. the Monday next after the Nativity of St. John Baptist at the Town of c. to find there before the said Justices good and sufficient Sureties for the Peace and to behave and bear himself well and peaceably against c. and in the mean time keep the peace of the Common-wealth and from thenceforth save and keep harmless the within-named c. for and concerning the premisses that then c. A Condition to suffer ones Wife to make a Will and to surrender a Copy-hold to his and her use THe Condition c. That whereas there is a Marriage c. Now if the said J. F. do and shall after the celebration of the said Marriage and during the coverture permit and suffer the said F. S. to make her last Will and Testament in writing or otherwise and by the same to give and dispose of the Goods and Chattels or ready money of him the said J. F. to the value of c. or under at her will and pleasure to such person and persons and for such intents and purposes as she the said S. shall by the same Will nominate and appoint And also if the said J. F. his c. after the said Will shall be so made and published under testimony of sufficient witnesses do and shall well and faithfully execute and perform the same Will or suffer the same to be duly executed and performed according to the intent and true meaning of the said S. F. and also if the said I. F. do and shall at the next Court to be holden for the Mannor of c. surrender into the hands of the Lord of the said Mannor according to the custome of the same all that his Mansion-house c. to the use and behoof of the said I. F. and S. F for and during their natural lives and the life of the longest liver of them and after the decease of the Survivor of them then to the use and behoof of c. that then c. A Letter of Attorney to receive money due upon several Bonds allowing the Attorney his reasonable charges and out of that money which he shall receive to satisfie himself of such moneys as are due to him for him which makes this Letter TO all men to whom these presents shall come W. R. of
to their Assigns and the Assigns of the Survivor of them well and truly to be made every year during their natural lives and during the natural life of the longer liver of them according to the tenor effect and true meaning of these presents The said Earl for himself his Heirs Executors and Administrators every of them and for the said Countesse his Wife doth covenant grant and agree to and with the said I. and A. their Executors Administrators and Assigns and every of them by these presents The said Earle and Countess will permit c. to recover c. by Writ of c. That he the said Earl and the said Countesse his Wife before the last day of Nov. now next coming shall and will permit and suffer the said I. and A. at the cost charges in the Law of the said I. lawfully to recover against the said Earl Countess by Writ of Entry Sur Disseisin with Voucher or Vouchers after the order and course of Common Recoveries of all that the Mannor of A. with the appurtenances in the County of S. c. and all and singular Messuages Lands Tenements Rents Reversions Rights Patronages of Churches Franchises Liberties Jurisdictions Priviledges and Hereditaments whatsoever esteemed reputed used demised or taken as part parcel or member of the said Mannor of A. and all and Singular Mannors Messuages Lands Tenements Reversions Services and Hereditaments whatsoever which the said Earl and Countesse have or either of them hath or at any time had in or within the said c. And also the said Earl and Countesse shall likewise permit and suffer the said I. and A. lawfully to recover against the said E. and C. by another Writ of Entry sur disseisin with Voucher or Vouchers after the order c. of all that the Mannor c. and likewise to recover c. by another Writ of Entry And that all the said Recoveries shall be in due Form of Law lawfully Executed And moreover that as well the said E. and C. now his Wife at the costs and charges of the said I.W. in the Law on or before the last day of November now next coming as aforesaid shall and will by fine in due form of Law to be levied with proclamations according to the statute in that behalf provided convey and assure unto the said I. and A. and to their Heirs or to the Heirs of one of them all the said Mannors and all the premisses with all and singular their appurtenances with warranty of the said E. and the said C. his Wife and of the Heirs of the said E. of all the premisses to the said I. S. and A. his Wife and to the Heirs of the said I. against all men as also that after the said Fine had recovered and executed Sir G.H. Kt. brother of the said E. on this side such a day at the costs and charges in the Law only of the said I. and A. or of their Assigns shall and will by Fine with Proclamations according to Statute in due form of Law by him the said Sir G. to be levied grant and release unto the said E. and his Heits all and singular the premisses with warranty of the same to the said E. and his Heirs against him the said Sir G. and his Heirs according to the usual manner of Fines And it is condescended concluded and agreed between the said parties that as well the said Fine of the said E. That the fine and recoveries shall be to the use of c. and C. and the said Recovery and Recoveries so to be had and executed as is aforesaid as also the said Fine of the said G. H. and all other Fine and Fines Recovery and Recoveries Assurance and Assurances whatsoever specified or mentioned in these presents shall be to the uses intents and purposes hereafter expressed in these Indentures and to none other use or uses intent or purpose that is to say to the use and behoof of the said E. and his Heirs untill default of payment shalt be made of the said Annuity granted by these presents or of some part thereof contrary to the form tenor and effect of these presents and after default of payment of the said Annuity or any part thereof contrary to the form tenor and effect of these presents then to the onely use and behoof of the said I. and A. and for and during the term of their natural lives and the life of the longer liver of them their Assignee and Assignees And the Assignee of the survivour of them In witness whereof the said parties to these presents their hands and seals interchangeably have set the day and year first above-written A Lease for a year THis Indenture made the c. day of c. in the Year of our Lord God according to the accompt used in England 1658. between W. S. the elder of c. in the County of c. Esq and Doctor in Divinity of the one part and S.M. and C.D. of c. in the County of c. Gent. of the other part Witnesseth that the said S.W. for and in confideration of the Sum of five shillings of lawful money of England to him in hand paid by the said S.M. and C.D. whereof he doth hereby acknowledge the receipt hath bargained and sold and doth by these presents bargain and sell unto the said S.M. and C.D. their Executors Administrators and Assigns all the Lands Tenements and Hereditaments with their and every of their appurtenances commonly called or known by the Names of c. containing by estimation six hundred and thity acres be the same more or lesse scituate lying and being in the Towns Parishes Villages and Hamlets of G. and S. in the said County of c. or one of them together with all other lands tenements and hereditaments heretofore of Sir S.W. deceased and now or late of the said S.W. that are scituate lying and being in the Towns Villages and Hamlets of M. and T. aforesaid or either of them and also the reversion and reversions remainder and remainders thereof to have and to hold the said lands tenements hereditaments and premisses with the appurtenances unto the said S M. and C.D. their Executors Administrators and Assigns from the day next before the date hereof unto the end and term and for and during the term of one year from thence next ensuing to the intent that by virtue thereof and of the Statute for transferring uses into possession the said S.M. and C.D. may be in the actual possession of the said lands tenements and premisses and be enabled to take and accept of a grant and release of the same premisses to them their Heirs and Assigns for ever In witnesse c. A Release and confirmation of the precedent lands THis Indenture made the c. day of c. in the year of our Lord God according the accompt used iâ— England 1658. Between W.S. of c. in the County
with all the rights members and appurtenances whatsoever thereunto belonging And that you fully accomplish and fulfill all other the several acts and things which your office obligeth you to perform herein Witness my hand and seal the c. A deed of feoffment with a Letter of Attorney to give livery and seisin TO all to whom these presents shall come S. W of c. sendeth greeting Know ye that the said S.W. for and in consideration of the sum of 5 s. of lawful money of England to them in hand paid by S.M. and C.D. of c. whereof the said S.W. doth hereby acknowledge the receipt and of the sum of 5000 l. of lawful money paid and secured to be paid unto and for the use of the said S.W. his Executors or Assigns have granted enfeoffed and confirmed and do by these presents grant enfeoff confirm unto the said S.M. C D. their Heirs and Assigns all those Lands Tenements and Hereditaments with their and every of their appurtenances commonly called or known by the names of R. and G. containing by estimation 600 acres be the same more or less scituate lying and being in the Towns Parishes Villages and Hamlets of T. and M. in the said County of K. or one of them together with all other lands tenements and hereditaments heretofore of S. W. deceased and late of S. W. Dr. in Divinity thaâ— are scituate lying and being in the Towns Villages and Hamlets of T. and M. aforesaid or either of them and also the reversion and reversions remainder and remainders of the said lands tenements and premisses and every part thereof and also all the estate right title interest clame and demand whatsoever of the said S. W. of in and to the same and every part thereof to have and to hold the said Lands tenements hereditaments and premisses with the appurtenances unto the said S.M. and C.D. their Heirs and Assigns for ever to the only use and behoof of them the said S.M. and C.D. their Heirs and Assigns for ever and the said S.W. doth by these presents make Constitute Ordain Authorize and Appoint F. L. of c. in the said County of c. and G.M. of c. in the said County of c. their true and lawful Atturneys for them and in their names and stead joyntly or severally to enter into the said lands tenements and premisses or into some part thereof in the name of the whole and possession thereof for them and in their names and stead to take and after such possession so thereof had and taken for them and in their names and stead to deliver full and peaceable possession and seisin of the said lands tenements and premisses with the appurtenances or of some part thereof in the name of the whole to the said S.M. and C.D. or one of them or to their lawful Attorney according to the form of these presents ratifying confirming and allowing all and whatsoever their said Attorneys or either of them shall do in the premisses by vertue of these presents In Witness whereof the said S.W. to these presents his hand and seal hath set the c. day of c. in the year c. An Indenture to bar an Estate-tail THis Indenture made the seventh day of October in the 11th year of the Reign of our Soveraign Lord CHARLES by the grace of God of England Scotland France and Ireland King Defender of the Faith c. Between T.B. of W. in the County of B. Yeoman on the one part and T.M. of H. in the said County Yeoman and H.H. of H. aforesaid in the said County Yeoman on the other part Whereas T.B. deceased Grandfather of the said T.B. party to these presents Recital of a Will by his last Will and Testament in writing amongst other things therein contained did give and devise unto J B. also deceased father of the said T.B. party to these presents and to the Heirs male of his body with remainders over all that his Messuage or Tenement with the appurtenances scituate and being in W. in the said County of B. and all that his Close adjoyning to the said messuage or tenement and all that acre of Meadow-ground called the long Hale lying in W. Meade and three yards of Meadow called the Elboes in the said Parish of W. and half his arable Lands Leyes and Meadow-ground lying and being in the Parish and Fields of W. aforesaid and R. or one of them with their and every of their appurtenances in the said County of B. as by the said last Will it doth and may appear and which premisses do contain a Messuage with the appurtenances and one Yard-land by estimation be it more or less And whereas the said T. B. the Grand-father shortly after making the said Will dyed the said J. B. his Son him surviving after which time the said J.B. having issue the said T.B. party to these presents his eldest Son and Heir male and the said J. B. being since also dead by and after whose decease the said T.B. party to these presents now is in actual possession of the said Messuage or Tenement Closes Lands Meadowes and Premisses with the Remainders over as aforesaid Now this Indenture witnesseth That the said T. B. party to these presents To cut off the estate taile intending as well to cut off the said estate tail and to barre the Remainders thereon depending and to settle the said Messuage or Tenement Close Lands Meadowes and Premisses to him the said T.P. party to these presents and his heirs as also to barre all pretences of right that futurely may or can be made unto all and every or any the said Messuages Lands Meadowes and Premisses so given to the said J.B. his Father and since come unto him the said T. B. party to these presents for that purpose Covenant to levy a Fine Doth hereby Covenant and Grant for himself his Heirs Executors and Administrators and for every of them to and with the said T.M. his Heirs and Assigns by these presents That he the said T. B. shall and will on and before the Feast of St. Andrew the Apostle now next ensuing the date hereof in due form of Law acknowledge and levy one or more Fine or Fines Sur cognizance de droit come ceo c. before his Majesties Justices of his Majesties Court of Common-Pleas at Westminster unto the said T.M. of and for the said Messuage or Tenement Close and all and every the said Meadows Lands and Premisses by the name or names of one Messuage one Garden one Orchard Forty Acres of Land six Acres of Meadow six Acres of Pasture and Common of Pasture for all Cattel with the Appurtenances in W. and R. or one of them in the said County of B. or by such other name or names quantity or number of Acres as to the said T. M. or his Council Learned shall seem meet and expedient To the intent that he the said T. M. shall
by force thereof stand and be seized of the Messuage or Tenement Close Lands Meadows and Premisses To suffer a Recovery untill a good and perfect common recovery with a double Voucher over may be duly had and executed of and for the said Messuage or Tenement Lands Meadowes and Premisses according to the course of common Recoveries for assurance of Lands and Tenements in such cases used And it is hereby fully declared and agreed by and between all the parties to these presents That after the said Fine or Fines so to be levied of the said Messuage Lands and Premisses as aforesaid he the said T. M. shall and will permit and suffer him the said H. H. to bring and pursue against him the said T.M. one or more Writ or Writs of Entry sur Disseisin in le post returnable before his Majesties Justices of his Majesties Court of Common-Pleas at Westminster by which he the said H.H. shall demand against him the said T.M. all and every the said Messuage Lands Meadows and Premisses by the name or names of one Messuage one Garden one Orchard Forty Acres of Land six acres of Meadow six acres of Pasture and Common of Pasture for all Cattel with the appurtenances in W. and R. or one of them in the said County of B. or by whatsoever other name or names quantity or number of Acres as to the said H. H. shall seem meet To which Writ or Writs the said T. T. shall appear gratis and shall enter into the Warranty and shall vouch to warranty the said T.B. party to these presents who also shall appear and enter into the warranty and shall vouch over the Common Vouchee who also shall appear and enter into the warranty for the said Premisses and after make default so that a good and perfect Common Recovery with a double Voucher over may be duly had and executed of and for the said Messuage or Tenement Close Lands Meadows and Premisses according to the course of Common Recoveries in such cases used And it is hereby further declared concluded The declaration of the use expressed and agreed by and between all the Parties to these presents And the true intent and meaning of all the parties to these presents and of these presents is That after the said Recovery suffered and executed of and for the said Premisses or any of them as well the said Recovery as also the said Fine and all Fines and Recoveries suffered and levied or to be suffered levied or acknowledged by or between the said parties to these presents or any of them of and for the premisses or any of them shall be and enure and hereby and by all the parties to these presents are and shall be adjudged deemed and taken to be and enure To the only proper use and behoof of the said T. B. party to these presents and of his heirs and assigns for ever And to none other use intent or purpose whatsoever In witness whereof the parties abovesaid c. A Re-demise of Lands Mortgaged THis Indenture made c. between T. L. of c. on the one part and J. M. of c. and G. M. of c. on the other part Whereas the said J.M. and G. M. by their Indenture of Lease Recital of the Mortgage bearing date c. for the considerations therein expressed did demise grant bargain set and to farm-let unto the said T. L. his Executors and assigns all that the Mannor of L.G. and P. with the appurtenances in the said County of M. and also all Messuages Houses Edifices Buildings Barns Stables Out-houses Yards Backsides Orchards Gardens Lands Tenements Meadows Leasows Pastures Feedings Wayes Wasts Wast-grounds Commons Commodities Moors Marshes Woods Wood-grounds Underwoods Waters Water-courses Ponds Pooles Liberties Fishings Advowson and Patronage of the Church of L.G. and P. aforesaid Rents Reversions Services Escheats Fines Amerciaments Court-Leets Views of Frankpledge and Profits of Courts and all that to Courts and Leets belongeth Chattels Wafes Estrayes Goods and Chattels of Felons and Fugitives Customes Rights Jurisdictions Priviledges Profits Commodities Advantages Emoluments and Hereditaments whatsoever with their appurtenances of whatsoever kind nature or quality soever or by whatsoever name or names they are called or known by scituate lying and being coming renewing arising or growing in L. G. and P. aforesaid H. Y. and Z. or within any of them or elsewhere in the said County of M. to the said M. Messuages Lands Tenements Meadows Feedings Pastures and other the Premisses or to every or any of them in any wise belonging or appertaining or incident or dependant thereunto or as part parcel or member thereof or at any time thentofore known accepted taken used demised or reputed as part parcel or member thereof or of any part thereof with their and every of their Rights Members and Appurtenances To haâ—â— and to hold the said Mannors Messuages Lands Tenements Meadows Pastures Advowsons and all other the Premisses with their and every of their Rights and Appurtenances unto the said T. L. his Executors and Assigns for the term of 99 years next ensuing the date of the said recited Indenture of Lease fully to be compleat and ended by and under the yearly rent of a Pepper-corn at the Annunciation of our Lady St. Mary the Virgin if it were lawfully demanded as by the said Indenture of Lease amongst other things therein contained it doth and may appear Now this Indenture witnesseth The re-demise That the said T. L. for divers good causes and considerations him moving hath demised set and to Farm-letten and by these presents doth demise set and to Farm-let unto the said J.M. and G. M their Executors and Assigns the said Manors Messuages Lands Tenements Meadows Pastures Advowsons and all other the Premisses with their and every of their Appurtenances in the said recited Indenture of Lease mentioned To have and to hold the said Mannor The Habendum and all other the Premisses with their and every of their appurtenances unto the said J. M. and G. M. their Executors and Assigns for the Term of 98 years and 10 moneths next ensuing the date thereof Yielding and paying therefore yearly during the said term unto the said T. L. his Executors and Assigns one Pepper-corn at the Feast of Proviso to pay money c. if it be demanded Provided alwayes and upon Condition That if the said J. M. and G. M. their Heirs Executors Administrators and Assigns or some of them shall not well and truly pay or cause to be paid unto the said T. L. his Executors or Assigns the summe of xx pounds of currant money of England on and upon the Twenty fifth day of M. next ensuing the date hereof and also the sum of 500 pounds of currant money of England on and upon the twenty fifth day of M. which shall be in the year of our Lord God 1632. that then from and after default of payment of the said several Sums or either of
whereas W. P. of c. R. W. F. K. and D.G. of c. being Customary Tenements of the said M. of B. did surrender into the hands of I. G. being Lord of the said M. All and singular the Customary Messuage Lands Tenements and Hereditaments before mentioned To the use and behoof of us the said W.N. and R.F. to the intent and purpose that the said I. G. or other the Lords of the said M. or their Stewards for the time being at the next Court-Baton to be holden for the said Mannor should admit or cause us the said W.N. and R. F. to be admitted Tenants unto all and singular the said c. As by the said Surrender bearing date c. relation being thereunto had may more fully and at large appear Now know ye That we the said W. N. and R. F. for the manifesting of the truth of the said Surrender and for the avoiding and clearing of all questions and doubts which hereafter may arise or grow touching or concerning the said Surrender taken in our names as aforesaid do hereby freely and voluntarily acknowledge express and declare that the said Surrender was made taken and done by the special direction and appointment of the said E.R. in trust to and for the onely use benefit and behoof of him the said E. R. his heirs and assigns for ever and to and for no other use intent or purpose whatsoever And therefore we the said W.N. and R.F. do by these presents freely and absolutely disclaim any other estate right title or interest claim or demand which we or either of us now have or hereafter may or can have claim or demand in or to the said Customary Messuages Lands and Premisses or any part thereof but such as we have only by the trust reposed in us by the Surrender before expressed In witnesse whereof we the said W. N. and R. F. have hereunto set our hands and seals c. A Lease in trust THis Indenture made c. between Sir R.D. of c. on the one part and W. D. of c. R. H. of c. and T. S. of c. on the other part witnesseth That the said Sir R. D. for divers good causes and considerations him moving hath demised granted set and to farm-letten and by these presents doth c. unto the said W.D. R. H. and T. S. their Executors and Assigns All that the Mannor of A. with the rights members and appurtenances thereof in the said County of B. and all Messuages Lands Tenements and Hereditaments whatsoever of him the said Sir R. D. situate lying and being in A. aforesaid in the said County of B. And also all that Close of Land in the Parish of N. in the said County of B. called the Warren-Hill with their and every of their appurtenances And all wayes easements passages profits Commons and Commodities whatsoever belonging to the said Mannor and Premisses and to every or any of them except all Timber-Trees growing on the premisses or any part thereof To have and to hold the said Mannor and all other the premisses with their and every of their appurtenances unto the said W.D. R.H. and T. S. their Executors and Assigns from the Feast of c. last before c. for and during and unto the full end of 24 years c. Yielding a Pepper-Corn c. Nevertheless upon this special trust and confidence and to the intent and purpose that they the said W.D. R.H. and T.S. their Executors and Assigns shall permit and suffer him the said Sir R. D. and his assigns during his life to hold and enjoy the said Mannor and Premisses and to receive and take the Rents Issues and Profits thereof to his and their own use without Impeachment of any manner of waste And also that they the said W.D. R.H. and T.S. their Executors and Assigns from and after the decease of the said Sir R. D. shall permit and suffer J. D. Esq Son and Heir apparent of the said Sir R.D. and his heirs to hold and enjoy and to receive and take the Rents Issues and Profits of the said Mannor and Premisses for so long time as he the said J.D. and his heirs shall permit and suffer M. D. and K. D. Sons of the said Sir R. D. his heirs and assigns severally and respectively to hold and enjoy according to their several and respective Estates and Limitations to them severally and respectively made appointed or to be made and appointed in Trust for them or either of them by the said Sir R. D. their Father of all that the Mannors of E. and T. in T. with their and either of their Rights Members and appurtenances thereof in the said County of B. and all that the Rectory and Parsonage impropriate of T. aforesaid and of all that third part of the Mannor of C. with the Rights Members and Appurtenances thereof in the said County of B. And also to the intent and purpose that if the said J. D. his heirs and assigns shall at any time during the term hereby demised disturb hinder or molest the said M. D. and R. D. the son or either of them their or either of their heirs or assigns in the quiet holding or enjoying of all or any the Mannors Lands Tenements or Hereditaments to them or in Trust for them severally and respectively limited and appointed by the said Sir R. D. their Father as aforesaid or shall crosse or hinder any the limitations or estates made or appointed by the said Sir R. D. to or for the said M. and R. D. as aforesaid whereby or by reason whereof they the said M. D. and R.D. the son or either of them their heirs or assigns shall not or may not quietly hold and enjoy and take the profits of the Mannors Lands Tenements and Hereditaments to or for them or either of them severally and respectively limited and appointed by their Father Sir R.D. as aforesaid That then and immediately from and after such disturbance and hindrance used and done by the said J. D. his heirs or assigns They the said W.D. R.H. and T. S. their c. shall permit and suffer them the said M. D. and R. D. their heirs and assigns severally and respectively to take and receive the Rents Issues and Profits of the Mannor of A. and all other the premisses hereby demised for all such time and terms of years as shall be to come and unexpired at the time of such Disturbance and hinderance made or done by the said J.D. his c. Provided alwayes That if the said Sir R. D. at any time during his life shall be minded to make void these presents and the Estate hereby granted and shall by any writing under his Hand and Seal subscribed in the presence of two credible persons or more declare such his mind and intention for the making void thereof That then from and after such Declaration in writing made and subscribed by the said Sir R.D. as aforesaid This
H. B. or to his use as aforesaid without the let sute trouble molestation interruption or eviction of him the said Sir H. B. his heirs or assigns or of any other person or persons whatsoever lawfully claiming by from or under him his estate or title L. Cum Coven pro utter Assur Litterdel Attorney c. In witness whereof c. A Covenant to deliver Evidences by such a time ANd the said G. A. for him c. That he the said G. A. his Heirs Executors or Administrators or some of them shall and will before the first day of March next ensuing the date hereof deliver or cause to be delivered unto the said A. Lady D. and Sir J. D. or to one of them all such Deeds Charters Evidences Court-Rolls Exemplifications of Records Transcripts of Fines Terriers Escripts Writings and Minuments concerning only the premisses or only any part or parcel thereof as now be in the possession custody or keeping of the said G. A. or of any other person or persons by his delivery or to his use or which he may obtain get or come by without suit in Law whole uncancelled safe and undefaced or in as good plight as the same now are and be and also true Copies of all such other Deeds Charters Evidences and Writings as the said G.A. hath touching and concerning the said Lands and Premisses or any part thereof joyntly or together with any other Lands c. of the said G. A. the said A. Lady D. and Sir J.D. and their heirs or some or one of them paying or bearing the charge of making and writing the same Copies c. A Declaration of a Fine and Recovery to variety of uses well penn'd THis Indenture made c. Between the Right Honourable T. Lord W. of the one part and the Right Honourable W. Lord P. Sir M. F. of c. on the other part Whereas the said M. B. and W. D. in the term of E. in the eleventh year of the Reign of our said Soveraign Lord King James Recital of the Recovery of England c. by Writ of Entry Sur Disseisin in le post did recover against the said T. Lord W. all those the Mannors of M. alias M. A. L. A. R. and N. with the appurtenances and of 30. Messuages 30. Tofts 6. Water-mills 6. Dove-houses 30. Gardens 1000 acres of Land 200 acres of Meadow 300 acres of Pasture 2000 acres of wood 300 acres of Furze and Heath 10 pounds Rent free warren and view of Frank-pledge with the appurtenances in M. alias M. A. N. and S. and also the Advowson of the Churches of M. alias M and A. as in and by the said Recovery remaining of Record in his Majesties said Court of Common-Pleas at Westminster to which Relation being had more at large appeareth And whereas in the Term of the Holy Trnity last past before the date hereof that is to say a Die sce Of the Time Trinitatis in tres septimanas in the said term in the Court of our Soveraign Lord the Kings Majesty before his Justices at Westminster a Fine Sur Cognizance de droit come ceo c. with Proclamations according to the form of the Statute in such case made and Provided was levied between the said W. R. and W. D. Plaintiffs and the said T. Lord W. Deforceant of the Mannors of T. alias T. and B. alias B. with the appurtenances in the County of W. and W. and of all that Grange or Capital Messuage called H. house and of all the Messuages Lands Tenements Rents Reversions Services and Hereditaments whatsoever to the said Mannors and Grange or any of them belonging or appertaining or reputed to belong or appertain or as part or parcel or member of them or any of them or accepted reputed taken demised used occupied or enjoyed as part thereof in the said Counties of W. and W. and of all other the Messuages Lands Tenements Rectories Tithes and Hereditaments with the appurtenances of the said T. Lord W. in the said Counties of W. and W. by the names of the Mannors of T. alias T. and B. alias B. with the appurtenances and of 40. Messuages 20 Tofts 4. Water-Mills 4. Dove-houses 40. Gardens 1000 acres of Land 600. acres of Meadow 1000. acres of Pasture 400. acres of Wood 400 acres of Furze and Heath 20 acres of Marsh and twenty shillings Rent with the appurtenances in T. alias T. Alne-Church B alias B. F. and Beoleyl and also of the Rectories of T. alias T. and B. alias B. with the appurtenances and all and all manner of tithes of Corn and Hay growing coming or renewing in T. alias T. and B. alias B. and of the Advowson of the Vicaridge of the Church of T. alias T. in the County of W. and of the Mannors of T. alias T. and B. alias B. with the appurtenances and 4 Messuages and one Dove-house 4 Gardens 300 acres of Land 600 acres of Meadow 300 acres of Pasture 200 acres of wood and 30 acres of Marsh with the appurtenances in T. alias T. Aln-Church and B. alias B. and also of the Rectory of T. alias T. and B. alias B. with the appurtenances and of all and all manner of tythes of common Hay growing coming and renewing in T. alias T. and B. alias B. and of the Advowson of the Vicaridge of the Church of T. alias T. in the County of W. as by the said Fine remaining of Record in his Majesties said Court of Common Pleas at W. to which Relation being had more fully and at large appeareth Now this Indenture witnesses The intent of the parties That the true intent and meaning of the said T. Lord W. and of the said Recoverers and parties to the said Recovery and also of the said Cognizees of the said Fine and parties to the same Fine and of all and every of the parties to these presents before and at the several and respective time and times of the suffering of the said Recovery and Acknowledgments and levying of the said Fine for touching or concerning the said Mannors Lordships Lands Tenements Hereditaments and premisses whereof the said Recovery and Fine were severally and respectively suffered levied and had as aforesaid alwayes was and yet is that as well the said Recovery as the said Fine and all and every Fine and Fines Recovery and Recoveries and other Acts and Assurances of the said Mannors Messuages Lands Tenements Rents Rectories Tythes Advowsons Hereditaments and Premisses or of any of them with the appurtenances at any time heretofore suffered levied executed or had wherein or whereunto the said T. Lord W. was or is any wayes a party and all and every the executions of the same and every of them should and shall be and enure and be construed adjudged deemed and taken to be and enure And were and hereby are Covenanted granted concluded agreed and declared to be and enure to the uses purposes and intents and under the Provisions Conditions
of the said J.S. his Son T. and S. his Daughters If therefore the said W. S. his Executors and Administrators and every of them do from time to time and at all times hereafter freely and clearly acquit exonerate and discharge or otherwise well and sufficiently save defend and keep harmlesse the said J. S. his Executors and Administrators and every of them and all and every of his and their Lands Tenements Goods and Chattels as well of from and against the said J.S. T. and S. their Executors Administrators and Assigns as also of from and against all other persons whatsoever of for and concerning the payment delivery and disbursement of the said Sums of five shillings a piece Pewter-platter Pewter-dish and three Saucers unto the said W.S. their Father as aforesaid And of and from all such actions sutes costs charges damages expences and demands whatsoever which he the said J. S. his Executors Administrators or Assigns shall hereafter happen to incur sustain or be put unto for or by reason of the payment delivery and disbursement of the said Sums of five shillings a piece Pewter-Platter Pewter-Dish and three Saucers for the use of the said J.S. T. and S. unto the said W. S. their Father as aforesaid That then this Obligation shall be void or else it shall stand in full force and vertue A Counter Condition to save harmless from a Bond Well penn'd THe Condition of this Obligation is such That whereas the within named R. C. at the special instance and request and for the only debt of the within-bound J. S. by one Obligation of the date hereof is and standeth joyntly and severally bounden with the said J. S. unto J. T. of London Merchant in the sum or penalty of c. of lawful money of England with conditions thereupon indorsed for the payment of c. of like lawful money of England on the last day of February now next ensuing the day of the date within written as by the same Obligation and Condition may appear If therefore the said J. S. his Executors Administrators or Assigns or any of them do and shall well and truly pay or cause to be paid to the said J.T. his Executors Administrators or Assigns or some of them on the said last day of February above mentioned at the now dwelling house of H. C. London Gent. fituate in c. in London the aforesaid sum of c. and do thereby clearly exonerate acquit and discharge the said R. C. his Executors and Administrators as well from all actions sutes costs charges judgments executions and demands whatsoever concerning the same That then this present Obligation to be void and of none effect or else to remain and abide in full force and vertue A Letter of Attorney to take possession according to the Contents of a Lease TO all People to whom this present Writing shall come H.T. Citizen and Girdler of London sendeth greeting in our Lord God everlasting Whereas I the said H. T. have signed and sealed one Writing indented bearing even date with these presents purporting a Lease to be made by me unto one c. of all that Messuage with the appurtenances near the Hospital in c. In the County of c. late in the tenure or occupation of R. F. deceased and other Lands and Hereditaments in the said Indenture mentioned To hold from the first day of this instant February unto the full end and term of five years from thence next ensuing as by the said writing indented more plainly appeareth which Writing is not yet delivered by Deed. Now know ye That I the said H. T. have made constituted appointed and in my place and stead put and by these presents do make constitute appoint and in my place and stead put c. my true and lawful Atturney for me and in my name place and stead to enter into and upon the said Messuage Lands and Hereditaments in and by the said Writing indented mentioned to be demised or any part thereof And after such entry made for me and in my name place and stead there upon the premisses to deliver unto the said c. or to his lawfull Attorney in that behalf the said writing indented so by me signed and sealed as aforesaid as the very act and deed of me the said H. T. And further to do whatsoever may be necessary in that behalf and whatsoever my said Attorney shall do or cause to be done in the Premisses I the said H. T. do and shall ratifie confirm and maintain as if I had done the same in my own person In witness whereof I the said H. T. have hereunto set my hand and seal the c. day of February in the year of our Lord c. A short Lease of a Messuage and Lands to be void on paying of one shilling it being the precedent Deed. THis Indenture made the c. day of February in the year of our Lord God c. between H. T. Citizen and Girdler of London of the one part and R. I. of S. in the County of W. Yeoman c. of the other party witnesseth That the said H. T. for divers good causes and Considerations him moving hath demised granted and to farm-letten and by these presents doth demise grant and to farm-let unto the said c. all that Messuage with the appurtenances near the c. in c. in the County of G. late in the tenure or occupation of R. F. deceased and all the Barns Out houses Orchard and Garden thereunto belonging And all that Close of Meadow or Pasture-ground thereunto adjoyning containing by estimation five Acres be it more or less and one little ground called or known by the name of Redcraf adjoyning to certain Grounds there called Flankers Closes And one other Close of Arable Land called the Wood furlong adjoyning to the Lane there leading towards S. on the West And all those arable Lands to the said Messuage belonging or reputed or taken to belong thereunto or which were therewith used occupied or enjoyed by the said R. F. deceased lying and being in the Fields of c. aforesaid That is to say five and forty acres by estimation be the same more or less lying in the North-field 22 acres by estimation be the same more or less lying in the South of c. aforesaid To have and to hold the said Messuage or Tenement Land Premisses with the appurtenances unto the said c. his Executors Administrators and Assigns from the first of this instant February unto the full end and term of five years from thence next ensuing and fully to be compleat and ended yielding and paying therefore yearly during the said term one Pepper-corn at the Feast of St. Michael the Arch-angel if it shall be demanded Provided alwayes that if the said H. T. his Executors Administrators or Assigns shall at any time hereafter pay or tender unto the said c. his Executors or Administrators or to any other
it stands in force or be reversed by attaint or Writ of Error is final and makes an end of the Suit And here observe 1. That all Judgments are either by Award by Confession by Default or by Tryal Cro. 2.468 2. That a Judgment cannot be depheasanced before it be obtained Cro 1.837 3. That Judgments are much favoured in Law for Judicia in Curia Regis reddita pro veritate accipiuntur et Judicia sunt cantum Juris dicta Judicia in Curia Regis reddita non adnihilentur sed stent in suo robore quousque per errorem aut attinctam adnullentur for Interest reipublicae res judicatas non rescindi et nihil est tam conveniens naturali aequitati quam unum quodque dissolvi eo ligamine quo ligatum est Co. Inst 2. part 360. 4. That if the Plaintiff upon a Judgment dye his Executors or Administrators may not proceed to take advantage thereof or have Execution thereupon till they have first sued out a Scire facias Co. Inst 2. part 288 394. The Method of proceeding in a Judgment is as followeth viz. The Judgment being past the Plaintiff may choose his Execution and to pursue it But he is first to take care that this Judgment be entred in due and legal form which you may see in the Book of Entries Then he must be careful in the choyce of his Execution As for Example If he make choyce of an Elegit it is to be directed to the Sheriff in the form by Law prescribed for which see F.N.B. and the Old N. B. Then the Sheriff having received the Writ must summon a Jury and this Jury is to inquire and return what Fee-simple Fee-tail or for life Lands Goods or Chattels the Defendant had at the time of the Judgment or at any time after And this must be very carefully done the finding must have certainty in it by the quality of the Land as the Mannor of H. a Messuage and 20 Acres of Land Meadow and Pasture in D. in the occupation of J. S. of the value of c. 5. pound Rent c. Then the Sheriff is either at the same time or some time afterward to deliver the one moyety thereof and this last he alone doth without the Jury And herein care must be had that they do it by meets and bounds and that he do certainly describe that which he doth so deliver and that he deliver what is divideable and therefore that he do not divide a Mannor and deliver the moyety thereof for by this means he may destroy the Mannor And if the Sheriff shall deliver too much the Court at the return of the Writ may quash it and order a new Inquiry When the Plaintiff is satisfied by incursion of time the Defendant may re-enter upon his Land without more ado but if he hath received satisfaction by some accidental improvement of the Land there he is to call the party into Court out of which the Writ issued and there to do it by Scire facias Co. 5.38 39. But all Executions are to be taken out within a year after the Judgment else no Execution can be made out without first suing forth a Scire facias Westm 2.45 13 Edw. 1. The Execution upon a Judgment shall relate to the day of the Writs date and the award of the Writ of Execution shall bind all the Goods of him against whom Judgment is which he had at the day of the Execution awarded The Entry of a Judgement may be stayed and arrested if the Court shall see cause That a Judgment may be for a part of the thing only in demand or for the whole That a Judgment may be erroneous and avoidable by a Writ of Error for many causes Cro. 2.303 That after Judgment no Issue shall be taken Cro. 2.126 That when a Judgment is reversed for Error the Party is restored to his first remedy Co. 8.141 The Forms and Presidents of these things vary according as the case requires and being only practicable by Attorneys who are or ought to be well versed therein we will trouble the Reader with them but in the next place shew the several Statutes that speak of the same Stat. Westm 2.18 13 E. 1 That he that recovereth debt or damage in the Kings Court may at his choyce have a Fieri facias of the Lands and Chattels of the Debtor or a Writ for the Sheriff to deliver him all the Chattels of the debtor except Oxen and Plough-Beasts and the moyety of his Land by a reasonable extent till the debt be levied And if he be Ejected out of the Land he shall have an Assise and afterwards a Writ of Redisseisin if need be And this last Writ is called an Elegit which is given upon a Statute also Stat. 32 H. 8. cap. 5. That for all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things inrolled the Execution shall be within the year but after the year a Scire facias whereupon if satisfaction be not made or good cause shewed the Sheriff shall be commanded to Execution That if Lands delivered in Execution upon just cause be recovered without Fraud from the Tenant in Execution before he shall have levied and received his whole debt and damages he may have a Scire facias out of the Court from whence he had the Execution returnable in the same Court at a day Forty dayes at the least after the date of such Scire facias at which day if the Defendant being lawfully warned make default or do appear and do not plead a sufficient cause other than the former acceptance of the Lands to avoid the said Suit for the residue of the said debt and damages the said Court shall issue forth a new Writ of Execution for the levying thereof Stat. 1 Jac. cap. 13. If any taken in Execution be delivered by Priviledg of Parliament as soon as the Priviledg ceases the Plaintiff his Executors or Administrators may sue out a new Execution against him and the Sheriff or other Officer shall not be chargeable for the first Arrest Stat. 3 Jac. cap. 8. That no Execution is to be stayed upon any Writ of Error or Supersedeas upon it for reversing of a Judgment for debt or upon a Contract till the Plaintiff be bound in Recognizance with two Sureties in that Court in double the Summe of the Judgment to prosecute it with effect and pay the debt costs and damages if the Judgment be affirmed Stat. 21 Jac. cap. 24. That the party at whose Suit any one is in Execution for debt or damages recovered their Executors or Administrators may after the death of the person so charged and dying in Execution lawfully sue forth new Execution against the Lands and Tenements Goods and Chattels of the person so deceased in like manner as if the person so deceased had never been taken in Execution Howbeit this Act shall
HONI SOIT QUI MAL Y PENSE DIEV ETMON DROIT THE Clerks Guide Leading into THREE PARTS VIZ. I. Of Indentures Leases c. II. Letters of Attorney Warrants of Attorney Mortgages Licences Charter-Parties c. III. Bills Answers Replications Rejoynders in Chancery c. Under which are comprehended The most Usual Forms of Clerkship To which is added A FOURTH PART OF Fines Recoveries Statutes Recognisances Judgements c. Distresses and Replevins Illustrated with CASES and the STATUTES Relating to the same By Tho. Manley of the Middle Temple London Esq London Printed by John Streater Henry Twyford and E. Flesher Assigns of Richard Atkins and Edward Atkins Esquires M.DC.LXXII Cum Gratia Privilegio Regiae Majestatis THE PREFACE TO THE READER HOW various the Pretenders to Clerkship have been in their Resolves we have too many Experiences in Print especially when in the late Times of Vsurpation a general Liberty was admitted which indeed we may call Cacoethes scribendi an inveterated humor of writing rather tending to involve the Clerk in a maze than to lead his Client in a safe and well-beaten Path. It is not the design of this Premonition to beg the Question Others have offered what fitted their capacities This Tract shall shew nothing more than is fit and reduced into such a method as an Easie English Clerk shall be capable of 'T is true some may say Facile est inventis addere but that is not the sole design of this For here is much obliterated that is useless something polished that was unnecessary and much added that is profitable yet it dares not assume the title of Infallible The former Three Parts which are herein offered with many Advantages shall speak for themselves whereto there is now added a Fourth which in this kind you have not met with If the design meet the humor of those it is intended for is fulfilling the purpose However whether it do or no for there is no doubt but the best intent may be quarrelled yet the Vsefulness of the Work upon Perusall will satisfie all men concerned whether they be well dealt with in the Settlements they propose to themselves from Persons they shall entrust or employ when at a cursory view they may find not onely what they would but what they ought to have done Sept. 3. 1672. T. M. Part 1. An Indenture of an Annuity THis Indenture made the twentieth day of c. in the c. between I. S. of Skipton in the County of York Esq of the one part and C. P. of London Esq of the other part witnesseth that the said I. S. for and in consideration of the sum of c. to him before the ensealing and delivery of these presents well and truly contented and paid whereof and wherewith he the said I. S. doth acknowledge and confess himself to be fully satisfied and thereof and of every part and parcel thereof doth clearly acquit and discharge the said C. P. his Heirs Executors and Administrators and every of them for ever by these presents Hath given granted and confirmed and by these presents doth give Grant grant and confirm for him and his Heirs unto the said C. P his Executors and Assigns One Annuity of yearly Rent-charge of Two hundred pounds of lawful Money of England to be issuing and going out of all those the Mannors and Lordships of Stanton c. with all and singular their rights members and appurtenances in the said County of York and out of all and singular the Messuages Cottages Houses Edifices Buildings Barns Stables Orchards Gardens Lands Tenements Meadows Feedings Pastures Commons Moors Marishes Rents Reversions Services Profits Commodities Emoluments and Hereditaments whatsoever with the Appurtenances to the several Mannors or any of them belonging or heretofore had used reputed occupied or enjoyed as part or parcel of them or any of them And also out of all other the Lands Tenements and Hereditaments of the said I. S. within the said County of York To have and to hold perceive receive and take the said Annuity or yearly Rent-charge of c. unto the said C. P. his Executor and Assigns from the day of the date of these presents for and during the full term and time of forty years now next ensuing and fully to be compleat and ended if the said C. P. and R. P. Esq Nephew to the said C. P or either of them shall so long live To be paid at four most usual Feasts or Terms in the year that is to say the Feast of c. by even and equal portions at or in the Church-porch of the Parish-Church of c. And the said I. S. for himself A Covenant to pay 〈◊〉 l. for every day after default in payment of the Rents and to Re-enter his Heirs Executors Administrators and Assigns and for every of them doth Covenant Promise and Grant to and with the said C. P his Heirs and Assigns that if it shall happen the said yearly Rent of c. to be behind and unpaid in part or in all over or after any of the said Feast-days in which the said ought to be paid being lawfully demanded according to the true intent and meaning of these presents That then he the said I. S. his Heirs and Assigns shall and will not onely forfeit and lose unto the said C. P. his Executors or Assigns nomine poenae the sum of forty shillings of lawful money of England for every day the said yearly Rent shall happen to be behind and unpaid in part or in all over or after any of the said Feast-days wherein the same ought to be paid as before is mentioned But also that it shall and may be lawful to and for the said C. P. his Executors and Assigns and to and for every of them from time to time from and after every of the said Feast-days wherein the said yearly Rent or any part thereof should or ought to be paid as before is mentioned into all and singular the said Mannors and into every of them and into all other the Lands Tenements and Hereditaments to the said Mannors or any of them belonging and into all other the premises with all and singular their appurtenances and into every or any part or parcel thereof at his or their or any of their free wills or pleasures to enter and distrain as well for the said yearly Rents as for the said sum or sums of Money which shall or may happen to become forfeited or lost for or in the name of a pain as is aforesaid and for the aâ—â—erages of them and either of them if any shall happen to be and the Distress and Distresses then and there found to lead drive take and carry away and the same to detain and keep until the said C. P his Executors or Assigns shall be fully satisfied contented and paid Covenant that he is seized in Fee and hath power to charge the Premises with this Annuity And the said I.S. for
Houses Edifices Buildings Barns Stables Dove-houses Orchards Gardens Lands Meadows Feedings Pastures c. and Hereditaments whatsoever to the said Grange or Farm of c. and other the premises before mentioned or any part thereof belonging or in any wise appertaining or accepted reputed taken or known as part parcel or member thereof or heretofore used occupied demised letten possessed or enjoyed as part or parcel thereof To have and to hold all and singular the said premises to the said I. H. his Heirs and Assigns for ever in which said Indenture there is a Proviso contained That if the said I. H. his Heirs Executors Administrators and Assigns and every of them should fail in the payment of the sum of c. unto the said A. N. his Executors or Administrators at the day and place in the said Indenture specified that then the said Conveyance should be void as in and by the said Indenture more at large it doth and may appear And whereas the said I. H. hath conveyed and assured all and singular the said premises unto the said Sir M. H. and his Heirs before the ensealing and delivery of these presents Now this Indenture witnesseth That the said A. N. for and in consideration of the sum of c. to him the said A. N. in hand well and truly satisfied and paid by the said I. H. before the ensealing and delivery of these presents And also in consideration of the full discharge and release of the Condition and Proviso aforesaid and at the special instance and request of the said I. H. hath remised released and quit-claimed and by these presents doth for himself and his Heirs remise release and for ever quit-claim unto the said Sir M. H. and to his Heirs for ever the Condition and Proviso above mentioned and also all the Estate Right Title Interest Claim Reversion Condition and Demand whatsoever which he said A. N. now hath or by any manner of ways or means hereafter shall or may have of in or to the said premises or any part or parcel thereof and also of in and unto all and singular the Lands Tenements and Hereditaments which the said A. N. hath at any time purchased to him and his Heirs of him the said I. H. To have and to hold the said Grange or Farm and all and singular the premises with the appurtenances unto the said Sir M. H. his Heirs and Assigns to the onely proper use and behoof and the said Sir M.H. his Heirs and Assigns for ever absolutely without any condition or limitation whatsoever and the said A. N. for himself his Heirs Executors Administrators and and Assigns doth covenant promise and grant to and with the said Sir M.H. his heirs and assigns by these presents in manner and form following viz. That he the said Sir M. H. his heirs assigns shall and may from time to time and at all times for ever hereafter peaceably and quietly have hold use occupy possess and enjoy the said Grange or Farm and all and singular the premises with the appurtenances conveyed and released or meant mentioned or intended to be conveyed or released by these presents without the let suit trouble disturbance or eviction of the said A. N. his Heirs or Assigns and without the lawful let suit trouble disturbance or eviction of any other person or persons lawfully claiming any estate right title or interest in out of or into the premises or any part thereof from by or under the said A. N. his Heirs or Assigns or by his their or any of their means act consent assent privity agreement or procurement other than of the said I. H. his Heirs and Assigns claiming from the said A.N. by vertue of the assurance aforesaid and also that all and singular the premises and every part and parcel thereof shall and may from time to time and at all times for ever hereafter continue and remain unto the said Sir M. H. his heirs and assigns free and clear and freely and clearly acquitted exonerated and discharged of and from all and all manner of former and others gifts grants bargains sales c. had made done or committed by the said A. N. his heirs or assigns or by his their or any of their means act assent consent privity agreement or procurement except before excepted And the said A. N. doth further for himself his Executors c. That he the said A. N. his heirs and assigns shall and will from time to time and at all times before the Feast of c. next ensuing the date hereof at the proper costs and charges in the Law of the said Sir M. H. Do and execute or cause to be done and executed all and every such further act and acts thing and things device and devices in the Law as shall be reasonably devised advised or required by the said Sir M. H. his heirs or assigns or by his or their Council learned in the Law for the better assuring and sure-making of all and singular the premises with the appurtenances unto the said Sir M. H. his heirs and assigns according to the true intent and meaning of these presents Be it by fine or fines feoffment or feoffments deed or deeds inrolled or not inrolled recovery or recoveries with double or single Voucher or Vouchers release confirmation warranty or by any other wayes or means whatsoever In witness whereof c. A Deed of Revocation of certain uses TO all Christian people to whom this present Writing shall come R. R. of L. Esq sends greeting c. Whereas the said R. R. in and by two several Indentures or Deeds indented bearing date the c. whereof the one is made between the said R. R. and G. W. of c. of the one part and I. H. of c. Gentleman of the other part and the other of them is made between the said R. R. of the one part and the said G. W. and J. H. of the other part whereupon a Fine was afterwards in due form of Law acknowledged by the said R. R. and A. his wife did assure and entail unto the said R. R. and to the heirs of his body lawfully begotten with certain remainders over and amongst other things all those Lands Meadows Pastures and Hereditaments with their appurtenances in N. in the C. of c. containing by estimation c. and lately purchased by the said R. R. of one c. and then in the tenure of c. or of his assigns and in and by the said several Indentures did likewise assure and entail unto the said R. R. and to the heirs of his body lawfully begotten with certain remainders over and amongst other things all that the Mannor of Lingate with the royalties rights members and appurtenances thereof whatsoever in N. and A. in the County of c. and all Lands Tenements and Hereditaments to the same Mannor then or late appertaining or as part parcel or member thereof then before had known or reputed with
c. That he the said H. V. his heirs and assigns shall and will permit and suffer the said A. V. and all and every other person and persons to whom the said Messuages Lands Tenements and other the premises or any part or parcel thereof shall happen to come or of right ought to come by reason of these presents peaceably and quietly to have hold occupy and enjoy all and singular the said Messuages Lands Tenements and Hereditaments before by these presents expressed and mentioned without any manner of let trouble eviction disturbance suit vexation or expulsion of the said H. V. his heirs or assigns or any other person or persons whatsoever lawfully having claiming or pretending to have any Estate or Title from by or under the said H. V. his heirs or assigns according to the intent form and true meaning of these presents In witness whereof c. A Lease of a Fee-Farm and certain Lands with necessary Covenants THis Indenture made c. between C. B. of c on the one part and T. W. of c. on the other part witnesseth That the said C. B. for divers good Causes and Considerations him thereunto especially moving Hath demised granted and to farm-letten and by these presents doth demise c. unto the said T. W. his Executors Administrators and Assigns all that his Messuage Tenement or Farm-house called W. with the appurtenances and all Houses Edifices Buildings Barns Stables Orchards Gardens Lands Tenements Meadows Feedings Pastures Profits and Commodities whatsoever to the said Messuage Tenement or Farm-house now belonging or appertaining and being now in the Tenure or Occupation of the said T. W. or of his Assignee or Assignees situate lying and being in the Parish of c. Except and alwayes reserved unto the said C. B. Exception his Executors and Assigns all and all manner of Woods Under-woods Hedges Rows and Timber-trees now standing growing and being or which hereafter shall stand grow or be in and upon the demised premises or in and upon any part or parcel thereof and also except and alwayes reserved unto the said C. B. his Executors and Assigns by the space and for the term of one whole year next before the end and expiration of the term of seven years and one half-year here-under granted the said Messuage Tenement or Farm-house and one Close or parcel of Ground called W. containing c. be it more or lesse Together with free liberty of ingresse egresse abiding and dwelling into out of from and upon the said Messuage Tenement and Farm-house and one Close called W. by and during the said space and term of c. next before the end and expiration of the said Term of c. Habend To have and to hold the said Messuage Tenement or Farm-house Houses Edefices Buildings Barns Stables Orchards Lands Meadows Feedings Pastures and other the demised premises and every part and parcel thereof except before excepted unto the said T. W. his Executors Administrators and Assigns from the Feast day of c. for and during the term of c. and fully to be compleat and ended Yielding and paying therefore yearly during the said term unto the said C. B. his Executors and Assigns the Rent of c. at four Feasts or Terms in the year most usual that is to say at Re-enter for non-payment c. by even equal portions And if it shall happen the said yearly Rent of c. or any part or parcel thereof to be behind and unpaid by the space of c. next over or after any of the said Feast-days in which the same ought to be paid being lawfully demanded That then and from thenceforth and at all times after it shall and may be lawful to and for the said C. B. his Executors Administrators and Assigns into the said Messuage Tenements or Farm-house Houses Edifices Lands Meadows Pastures and all the demised premises with the appurtenances and into every part and parcel thereof wholly to re-enter and the same to have again re-possess and enjoy as in his or their former estate And the said T. W. his Executors Administrators and Assigns and all other the Tenants and Occupiers of the said demised premises or any part or parcel thereof thereout and from thence utterly to expel amove and put out this Indenture or any thing herein contained to the contrary thereof in any wise notwithstanding And the said T. W. for himself doth covenant For Reparation c. in manner and form following That is to say that he the said T. W. his Executors Administrators and Assigns at his and their own proper Costs and Charges shall and will from time to time and at all times hereafter during the said Term of c. by these presents granted when and as often as need shall require well and sufficiently repair support sustain maintain and amend the said Messuage Tenement or Farm-house and all the Houses Edifices Buildings Barns and Stables thereunto belonging or appertaining with the appurtenances and every part and parcel thereof in by and with all and all manner of needful and necessary reparations whatsoever And also shall and will at all times hereafter and from time to time during the said term at his and their like costs and charges well and sufficiently hedge fence ditch enclose and amend all and singular the Hedges Fences Ditches and Inclosures belonging to the said demised premises in by and with all and all manner of hedging fencing ditching and enclosing when and as often as need shall require during the said term And as well the said Messuage Tenement or Farm-house Houses Edifices Buildings Barns and Stables with the appurtenances and every part and parcel thereof so well and sufficiently repaired As also the Hedges Fences Ditches and Inclosures aforesaid well and sufficiently supported and amended in the end of the said Term or other determination of this present Lease shall leave and yield up into the hands and possession of the said C. B. his Executors Administrators and Assigns And the said T. W. for himself his Executors Administrators and Assigns A Covenant for planting an Orchard doth covenant c. That he the said T. W. his Executors Administrators and Assigns shall permit and suffer the said C.B. and his Assigns to plant and make in and upon some convenient place of the demised premises one Orchard not exceeding the number of two acres of Land with such store of Fruit-Trees and other Trees as the said C. B. or his Assigns shall think meet and the same Orchard and Fruit-Trees so made and planted shall fence preserve and keep so much as in him shall be from spoil and hurt of Cattel and from all other harm and destruction And further that the said T. W. his Executors Administrators and Assigns shall at all times hereafter and from time to time during the said Term of c. find and allow unto G. B. widow A Covenant for finding Meat Drink
unto the said C. Grant of their Terms B. my full power and lawful authority for the having keeping and enjoying of my said Apprentices J. and G. before-mentioned for and during their several times yet to come and unexpired And moreover I the said A. M. do by these presents covenant promise and grant to and with the said C. B. his Executors and Assigns That the said J. and G. Apprentices shall during their several times well and truly serve the said C. B. as their Master and his Commandements lawful and honest every where shall do and from the service of him they nor either of them shall not absent or prolong himself by day or night during the said several Terms of their aforesaid Apprentiships yet to come and unexpired Provided That the said C. B. their Master shall well intreat and use the said J. and G. as becometh Apprentices in such case to be used finding unto them and either of them Meat Drink Linnen Woollen Hose Shooes and Bedding and all other Necessaries during the said Term. In witness c. A Proviso That if the Lessor be minded to surrender his grand Lease to take a further estate in the premises then the demise to be void with a Covenant to grant a new Lease of the premises PRovided always and be the demise under and upon condition That if the said I. B. his Executors Administrators or Assigns shall at any time during the Demise be minded to surrender his Grand Lease by which he hath and holdeth the afore-demised premises amongst other things to the intent to get a new Lease or any larger or further estate of in and to the same And therefore shall give or leave notice in writing to and for the said A. B. his Executors Administrators or Assigns at the said demised Mansion-house That then at the day and time of such notice given and from thenceforth for ever this Demise Grant and Term of years shall cease determine and be utterly void and of none effect to all intents and purposes any thing herein contained to the contrary thereof in any wise notwithstanding and the said J. B. c. doth covenant and grant to and with the said A. B. his c. That he the c. or Assigns notwithstanding the surceasing and determination of this Demise Grant and Term of years or the said A. B. to be had claimed and enjoyed as aforesaid shall and will not onely peaceably and quietly permit and suffer the said A. B. his executors administrators and assigns To have hold and enjoy the said demised Premises under the yearly Rent aforesaid by and during the term of three moneths from thence next following but also before the end and expiration of the same shall at his and their own proper costs and charges make seal and deliver or cause c. And sufficiently tendred at the said demised Mansion-house unto the said A. B. his executors or assigns a new Lease or Grant in writing of all the said demised premises for so much of the said time of c. as shall be then to come and unexpired and for and under such Rents Covenants and Conditions as are contained in this present Lease A Letter of Atturney to enter upon Lands and to deliver a Lease made to another KNow all Men by these presents That I R. R. of c. have made ordained constituted and appointed and by these presents do make ordain constitute and appoint T. C. of c. my true and lawful Atturney for me and in my stead and name to enter and come into and upon the Farm and Lands of T. in the Parish of c. now in the Tenure or Occupation of R. T. or his assigns or upon any part thereof then and there for me and in my stead and name to deliver as my act and deed unto H. M. of c. or to his assigns one Indenture whereunto I have already sealed bearing date c. made between me the said R. R. of the one party and the said H. M. of the other party purporting a Lease of the same Farm and Lands unto the said H. M. his executors administrators and assigns for the term of four years next ensuing as in and by the said Indenture more at large appeareth which Indenture after the same shall be so delivered by my said Atturney I the said R. R. do promise by these presents shall be my effectual deed in Law to all intents constructions and purposes as if I the said R. R. had sealed and delivered the same then and there my self In witness c. A Letter of Attorney to enter upon Lands and to deliver a Lease TO all Christian people to whom this present Writing shall come We T. A. and R. M. of c. send greeting Whereas we the said T. A. and R. M. have signed and sealed to one Indenture bearing date with these presents purporting a Lease Demise or Grant unto J. H. of c. of all that our Mannor or Farm of c. with the Houses Barns Stables Orchards Gardens c. and of all that our Scite of the Rectory or Parsonage of L. in the said County of c. Together with the Demeasn Lands to the said Mannor and Farm belonging or appertaining To hold from the ensealing and delivery of the same Indenture for the term of three years then next ensuing as by the same Indenture of Lease at large appeareth Now know ye That we the the said T. A. and R. M. have made The Letter of Attorney ordained constituted and appointed and by these presents do make ordain constitute and in our steads and places put and appoint our trusty and well-beloved Friend J.H. of c. our true and lawful Attorney and Assignee for us and in our steads and names to enter and come into and upon all that the said c. and other the Lands aforesaid or into some part thereof and then and there after such entry made to deliver unto the said J. H. as our very act and deed the said Indenture of Lease above mentioned to hold according to the tenor of the same Indenture and further to do and execute all and every such further thing and other act whatsoever as shall be needful to be done and performed In that behalf in as large ample and effectual manner as we our selves might or could do if we were personally present In witness c. A Condition to pay money within fourteen dayes after if the Parties bound in an Obligation pay it not at the day THe Condition of this Obligation is such That whereas W.H. and R. B. by their Obligation of writing Obligatory bearing date c. are and stand joyntly and severally bounden unto the within named J. L. in the sum of c. with condition endorsed for the true payment of c. on the c. as by the same Obligation with condition endorsed at large appeareth Now if the said W. H. and R. B.
survive and afterwards to inter-marry with any person or persons whatsoever that then from and immediately after the said Marriage as for and concerning one full fifth part in five parts to be divided of all and singular the said Messuages Lands Tenements and Hereditaments with the Appurtenances before hereby specified to be limited and appointed to and for the Joynture of the said F. aforesaid that the Use and Uses Estate and Estates thereof limited to the said F. shall cease determine and be utterly void and that from thenceforth they the said A. B. J. P. and J. G. and the Survivor and Survivors of them his and their Heirs and Assigns shall stand and be seized of the full fifth part of the said Messuages Lands and Premises from and immediately after the inter-marriage of the said F. to the use and behoof of the said Son of V. W. on the Body of the said F. begotten for and during the term of the natural life of the said F. for her maintenance any thing herein contained to the contrary in any wise notwithstanding Provided also and upon this condition and so it is covenanted granted declared and agreed by and between all and every of the said Parties to these presents and their Heirs and Assigns respectively and it is the true intent and meaning of these presents That it shall and may be lawful to and for the said V. W. at any time hereafter during his natural life from time to time by one or more Indenture or Indentures under his Hand and Seal to lease demise set and to farm-let all and every or any of the said Mannors Messuages Lands Tenements Hereditaments and Premises with the Appurtenances which have been usually set and to farm-letten unto any person or persons whatsoever for the term of three Lives or for any number of years determinable upon one two or three Lives or for the term of One and twenty years or over or under in Possession and not in Reversion so as upon every such Lease and Demise the ancient and accustomed Rent or more or the Rent or the Rents now payable or paid or more over and besides Duties Heriots and Services due and accustomed be thereupon reserved and so as such Rents Duties Heriots and Services upon such Lease and Leases severally reserved shall and may be and continue due and payable unto him her or them respectively and successively unto whom the Reversion and Reversions and Remainder thereof is hereby limited and appointed as aforesaid Provided also and upon this further â—ondition and so it is covenanted and agreed by and between all and every the Parties to these presents That if at any time from and after the death of the said V. W. the said G. W. Son and Heir of the said V. W. or such other person or persons as shall be Heirs at Law of the said V. W. shall and do well and truly satisfie and pay or cause to be satisfied and paid unto the said A. B. J. P. and J. G. and to the Survivor or Survivors of them his and their Heirs Executors Administrators and Assigns if H. A. Son of the said F. be then living the sum of four thousand and five hundred pounds of current c. And if the said H. A. be dead the sum of five thousand pounds of like current money at or in the c. To the end that thereby the said A. B. J. P. and J. G. their Heirs Executors Administrators and Assigns may be thereby enabled to purchase Lands and Tenements of the value of c. or may employ and dispose of the same for the use benefit and advantage of the Issue of the Body of the said F. lawfully begotten or to be begotten or if the said V. W. or the said Heir at Law as aforesaid or any of them shall at their own proper costs and charges settle convey and assure or cause and procure to be conveyed and assured other Lands Tenements and Hereditaments which shall be of the clear yearly value of Two hundred and fifty pounds per annum above all Charges and Reprizes unto the said A. B. J. P. and J. G. their Heirs and Assigns and to the Survivor and Survivors of them his and their Heirs Executors Administrators and Assigns to the like several uses intents and purposes and upon the like trusts and confidences and under the like Conditions Provisoes Powers and Limitations as are hereby formerly limited and appointed excepting onely the said Messuage Lands and Tenements herein and hereby limited to and for the Joynture of the said F. that then and immediately from and after such payment or settlement as aforesaid the several Uses and Estates herein and hereby limited other than the Estate for life limited to the said F. as aforesaid of for or concerning the said Land and Premises for the use and benefit of the Issue of the Body of the said V. W. on the Body of the said F. lawfully begotten or to be begotten and every of them shall cease determine and be utterly void And the said V. W. for himself his Executors Administrators and Assigns doth covenant grant and agree to and with the said A. B. J. P. and J. G. their Heirs and Assigns and to and with every of them by these presents That for or notwithstanding any act or thing whatsoever heretofore done or suffered by the said V. W. his Heirs or Assigns or hereafter by him them or any of therâ— to be done or suffered to the contrary the said V. W. now is and so at the time when the first Estate of the said Mannor Advowson Messuages Lands Tenements and Premises and every part and parcel thereof shall be conveyed and assured to the said A. B. J. P. and J. G. their Heirs and Assigns to the uses aforesaid shall stand and be seized thereof of a good perfect absolute and indefeazible Estate of Inheritance in Fee-simple or Fee-tail without any Reversion or Remainder in the Crown or without any Covenant or use to alter change or determine the same And also that he the said V. W. for and notwithstanding any act or thing whatsoever heretofore done or suffered to the contrary as aforesaid hath and so at the time of the Execution of the said first Estate of the said Mannor Advowson Messuages Lands Tenements and Premises and every part and parcel thereof with their and every of their appurtenances to the said A. B. J P. and J. G. their Heirs and Assigns shall have full power good right and lawful authority to grant convey and assure the said Mannors Messuages Lands Advowsons Tenements and Premises with their and every of their appurtenances to the said A. B. J. P. and J. G. their Heirs and Assigns to the uses intents and purposes aforesaid according to the true intent and meaning of these presents And the said V. W. for himself his Heirs Executors Administrators and Assigns and every of them doth covenant promise grant and agree to and with the
Escripts and Monuments before by these presents bargained and sold as also all the true Copies of all such other Deeds and Writings as do touch and concern the before bargained premises or any part thereof Together with any other Lands Tenements or Hereditaments not before mentioned The said Copies to be written at the Cost of the said D. his Heirs and Assigns An Assignment with a Proviso to have the Lease again upon payment of a sum of money THis Indenture made c. between G. B of c. of the one part and W. H. of c. of the other part Whereas one R. G. and his Wife by their Deed indented bearing date c. for the consideration in the said Deed indented expressed did demise grant and to farm-let unto the said G. B. all that the moyety and half-deal of the Mannor of D. with the appurtenances set lying and being in c. and the moyety and half-deal of all their Messuages Dove-houses Edifices Buildings Lands Tenements Rents Reversions Services Mills Meadows Leasows Pastures Woods Under-woods Commons Heaths Profits Commodities and Hereditaments to the said Mannor of c. belonging set lying and being within the Town Fields Parishes and Hamlets of C. N. D. within the said County of G. or accepted reputed or taken c. To have and to hold c. with divers Covenants Articles Agreements and Reservations in the said Indenture contained as by the said Indenture c. Now this Indenture witnesseth That the said G. B. for divers and sundry c. hath given granted alienated assigned and set over and by these presents doth c. as well the said moyety c. as also all the Estate Right Title Use Interest Possession Claim and Demand whatsoever of the said G. B. had and made as is aforesaid To have and to hold the said moyety and half-deal of the said Mannor of D. with the appurtenances and all the Estate Right Title Use Interest Clatm Possession and Demand whatsoever of the said G. B. c. Provided nevertheless and it is agreed between the said Parties to these presents That if the said G. B. his Heirs Executors or Assigns or any of them do at any time hereafter pay and deliver or cause to be paid and delivered unto the said W. H. his Executors or Assigns or any of them the sum of c. of lawful money of England at one entire payment at or in the Church-Porch of the Parish-Church of C. aforesaid within the said County of G. at or in the place where the said Parish-Church now standeth that then and from thenceforth as well this present Grant and Assignment and every Clause Article and Sentence herein contained to be utterly void frustrate and of one effect as also that then and from thenceforth the said moyety of the said Mannor of D. and al other the premises whatsoever with their appurtenances and every part and parcel thereof by these presents assigned and set over unto the said W. H. shall come and be to the said G. B. his Executors and Assigns for and during all the number of years that shall at the time of the payment to be had and made in manner and form aforesaid be then to come and unexpired of the said term of c. years granted unto the said G. B. Executors and Assigns as is aforesaid as though this present Indenture of assignment of the premises had not been had or made In witness c. A revoking of a pretended Contract of Matrimony LEt all Men know and take notice by these presents That we F. D. of S. and J. H. of c. being desirous to have matters cleared between us concerning such proceedings as have been about treaty of Marriage between us and that we both notwithstanding any pretence of Contract between us may hereby declare and manifest to all people that there was no absolute Contract or Engagement between us at any time for Marriage of each other but that we are free one from the other in that kind and may each of us freely marry with others We do therefore freely and without any compulsion declare manifest and make known unto all people that we the said F. D. and J. H. were never absolutely contracted together in any Contract of Matrimony neither did we nor any of us profess or declare that we would marry each other unless c. our Friends c. we do therefore hold our selves no wayes to be tyed or obliged each to other in any manner of Contract of Matrimony or for Marriage each of other and therefore we do hereby freely and absolutely release and discharge each other of and from all manner of Contracts of or for marriage heretofore had or pretended to be had or made between us and we do hereby freely and fully release acquit and discharge each other of us and of and from all manner of Actions Suits or Claims prosecuted or which may be begun or prosecuted in any Court Ecclesiastical or Civil concerning the premises And in testimony of our free and full consent herein we the said F. D. and J. H. have hereunto subscribed our Names the day of c. An Assignment of Lands taken upon an Extent THis Indenture made the c. between T. H. of c. and W. W. of c. of the one Party and J. B. of c. of the other Party Whereas the said T. H. lately recovered by Judgment in His Majesties Court of Kings Bench the sum of c. against T. C. of B. c. and thereupon the said T. H. in Michaelmas Term last did take and sue forth Execution by Writ of Elegit directed to the then Sheriff of the said County of W. Whereupon by Inquisition and by the Jurors then and there sworn taken by the said Sheriff at the City of c. The day of c. Amongst other things it was found That the said T. C. at the time of the said Inquisition was possessed for and during the term of c. years then to come of and in one Messuage or Tenement and divers parcels of Land Meadow and Pasture to the said Messuage or Tenement belonging or appertaining in C. in the said Parish of c. as his proper Goods Which said term and interest of the said T. C. of or in the said Messuage or Tenement the Jury at the time of the said Inquisition did apprize and value at c. pounds which said term of years the said Sheriff the day of the same Inquisition did deliver to the said T. H. at the price and apprizance aforesaid To hold unto the said T. H. and his Assigns as his proper Goods and Chattels according to the form of the Statute in that behalf made and as parcel of the same debt and damages of the said T. H. recorded as aforesaid And the said Jurors also found That the said T. C was at the time of the said Inquisition seized in his Demeasn as of Fee of and in
his wife their Heirs and Assigns by these presents in manner and form following that is to say That he the said J. W. at the time of the ensealing and delivery of these presents is and standeth lawfully and sufficiently seised of such a good perfect lawful and absolute and indefeazible estate of Inheritance in Fee-simple or Fee-tail and no Reversion or Remainder thereof in the Kings Majesty and to his and their own use and uses without any manner of condition or limitation of any other use or uses to alter change or determine the same estate of and in the said Mannor Lands Tenements and Hereditaments and all other the aforesaid premises before in and by these presents mentioned or intended to be granted aliened bargained and sold as he the said J. W. can and may lawfully and sufficiently grant convey and assure all and singular the said Mannor of H. Lands Tenements and Hereditaments and all other the aforesaid premises with all and singular the appurtenances unto the said R. B. his Heirs and Assigns for ever according to the true intent and meaning of these presents That the premises are discharged of Incumbrances And also the said J W. for himself c. doth covenant to and with the said R. D. and B. his wife and either of them their and either of their Heirs and Assigns by these presents That all and singular the said Mannor of H. Lands Tenements and all other the foresaid premises with the appurtenances before in and by these presents granted aliened bargained and sold and every part and parcel thereof at the time of ensealing and delivery of these presents are and be and at all times hereafter shall be remain and continue clearly acquitted exonerated and discharged or otherwise upon request sufficiently saved and kept harmless of and from all and all manner of former Bargains Sales Gifts Grants Leases Rents Charges and Arrerages of Rents Duties Titles Troubles and Incumbrances whatsoever had made committed suffered or done or to be had made c. by the said J. W. his Heirs or Assigns or by any other person or persons whatsoever by his or their means acts titles consents and procurements except our Lease c. And also that they the said R. D. and B. his wife and either of them their and either of their Heirs and Assigns and every of them shall and may at all times hereafter and from time to time for ever according to the true intent and meaning of these presents peaceably lawfully and quietly have hold use occupy possess and enjoy all and singular the said Mannor of A. Lands Tenements and all other before bargained premises with all and singular their appurtenances before in and by these presents mentioned to be granted aliened bargained and sold and every part and parcel thereof without any manner of lawful let suit trouble eviction or disturbance of the said J. W. or his Assigns or of any other person or persons whatsoever claiming or lawfully having or which shall hereafter have any manner of Estate Right Title Charge or Interest of in or to the said Mannor and all other the premises or of in or to any part or parcel thereof by from or under the said J. W. his Heirs or Assigns all such persons as do claim by force of the Lease before excepted onely excepted And furthermore that the said Mannor of H. and all other the aforesaid premises or any part or parcel thereof are not holden of his Majesty in Capite whereby any Licence of Alienation shall be needful to be had or sued forth for the bargaining sale conveying and assuring of the said Mannor and other the premises unto the said R. D. and B. their Heirs and Assigns Nor that the said R. D. his Heirs or Assigns shall at any time or times hereafter be Ward or Wards unto our said Soveraign Lord the Kings Majesty his Heirs and Successors for or in respect of the said Mannor of c. and all other the premises or any part or parcel thereof And also the said J. W. for himself his Heirs Covenant for further assurance Executors and Administrators doth Covenant c. That the said J. W. and M. now his wife and the Heirs and Assigns of the said L. and all and every other person and persons whatsoever now having or lawfully claiming or which shall hereafter rightfully claim any manner of Estate Right Title or Interest of in and to the said Mannor and all other the said premises or any part or parcel thereof by from or under the said J. W. his Heirs and Assigns except such person or persons as shall claim by force of Lease before excepted shall and will at all times hereafter for and during the term of three years next ensuing the day of the date of these presents do make acknowledge execute and suffer or cause to be made done acknowledged executed and suffered all and every such further lawful act and acts thing and things device and devices conveyances and assurances in the Law whatsoever with warranty against him the said J. W. and his Heirs for the further and more assurance and sure-making of the said Mannors Lands Tenements and of all and singular other the premises with the appurtenances and every part and parcel hereof to be had and made sure unto the said R. D. and B. their Heirs and Assigns for ever absolutely without any manner of Condition or other Limitation be it Fine or Fines with Proclamation with Warranty against him the said J. W. his Heirs and Assigns recovery with double and single Voucher or Vouchee Deed or Deeds enrolled the Enrolment of this present Feoffment with warranty against him the said J. W. his Heirs or Assigns release with confirmation with the like warranty or without warranty or by any or as many of the devices wayes and means aforesaid as by the said R. D. and B. or either of them their Heirs or Assigns or by their or any of their Council learned in the Law shall be reasonably devised or advised and required at the onely Costs and Charges of the said R. D. and B. their Heirs and Assigns so that the said I. nor M. his wife be not compelled to travell from his or their Homes or usual places of abode further than the Cities of London and Westminster If the Buyer be lawfully evicted within 12 years the Seller's to pay 51. an Acre about the same assurances And moreover the said J. W. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said R. D. and B. and either of them and to and with the Heirs and Assigns of either and every of them by these presents in manner and form following that is to say That if it shall happen at any time within twelve years next after the date hereof the said R. D. and B. and either of them their or either of their Heirs or Assigns to be lawfully evicted of
also all and singular Out-houses Barns Stables Dove-houses Yards Orchards Gardens Lands Meadows Pastures Feedings Commons Common of Pasture Woods Under-woods Water Water-courses Fishings Wayes Easements Profits Commodities and Hereditaments whatsoever to the said Mannor of W. and other the premises aforesaid or to any part or parcel thereof belonging or in any wise appertaining or therewithall now used occupied or enjoyed as part parcel or member thereof and all the Lands Tenements and Hereditaments whatsoever to the said J. H. belonging lying and being in W. aforesaid and the said remainder expectant upon the death of the said T. H. and all and every other Reversion and Reversions Remainder and Remainders of the said bargained premises and of every part and parcel thereof and the Rent and Rents and yearly Profits whatsoever reserved upon whatsoever Demise Lease Estate or Grant Demises Leases Estates or Grants heretofore made of the before bargained premises or any part or parcel thereof Together with all Evidences Charters Escripts Monuments and Writings toâ—ching or concerning the premises which he the said J. H. hath or may come by without Suit in Law To have and to hold the said Mannor of W. Lands Tenements and all and singular other the premises above-mentioned to be hereby bargained and sold with the appurtenances and every part and parcel thereof and all the estate right title interest term and terms of years Reversion Remainder Claim and Demand whatsoever of the said J. H. and R. B. and of either of them or of any other person or persons whatsoever in and to the same unto the said W. P. his Heirs Executors Administrators and Assigns to the sole and proper use and behoof of the said W. P. his Heirs c. for ever And the said J. H. and R. B. for themselves severally and respectively and for their several and respective Heirs c. all and singular the before bargained premises with the appurtenances and every part and parcel thereof unto the said W. P. his Heirs Executors Administrators and Assigns to the use and behoof aforesaid shall and will warrant and for ever defend by these presents In witness c. An Indenture of Defeizance for the making void of all former Statutes payment of a sum of c. and performance of Covenants c. THis Indenture made the c. between A. B. of c. on the one part and E. A. of c. on the other part witnesseth That whereas the said E. A. in and by one Recognizance or writing Obligatory of the nature of a Statute-Staple lately made and provided for the recovery of Debts bearing date c. taken sealed acknowledged and entred into before Sir T. R. Lord Chief-Justice of England is and standeth bounden unto the said A. B. in the sum of c. payable as in and by the said Recognizance or Writing Obligatory of the force of a Statute-Staple more fully and at large it doth and may appear It is now nevertheless covenanted granted concluded and agreed by and between the said Parties to these presents and the true intent and meaning of these presents and of the Parties hereunto is and the said A. B. is contented and pleased That if the said E. A. his Heirs Executors and Assigns do or shall at or before the c. discharge and clearly make void upon Record as well all and every Statutes-Merchant and of the Staple as also all Recognizances heretofore acknowledged and entred into by the said E. A. either by himself alone or joyntly with any other person or persons the Statute above recited onely excepted And thereof bring deliver and leave Certificates under the hands of the Clerks of the several Offices or their Deputies in that behalf at or in the c. to and for the said A. B. his Executors or Assigns at or before the c. day of c. next ensuing And also if the said E. A. his Heirs Executors Administrators or Assigns or any of them do well and truly pay or cause to be paid unto the said A. B. his Heirs or Assigns or to some or one of them the full sum of at or in c. in manner and form following that is to say the sum of c. on the c. and the sum of c. on the c. in full satisfaction and payment of the sum of c. And also if the said E. A. his Heirs Executors and Assigns do and shall well and truly observe perform fulfil accomplish and keep all and singular the Covenants Grants Articles and Agreements which on his and their parts and behalfs are or ought to be observed performed fulfilled accomplished and kept comprized and specified in one pair of Indentures bearing date c. made between the said E. A. of the one part and the said A. B. on the other part according to the true intent and meaning of the said Indentures that then the said Recognizance or Writing Obligatory above recited or mentioned shall be utterly void and of none effect otherwise the same shall stand and abide in full force c. A Release of Lands upon performance of Articles TO all Christian people c. I E. J. of c. send greeting in our Lord God everlasting Know ye That I the said E. J. as well in consideration of the full performance of certain covenants and agreements mentioned and expressed in one pair of Indentures bearing date c. last past c. made between me the said E. J. on the one part and Sir H. W. c. as also for divers other good Causes and Considerations c. have remised released and for ever quit-claimed and by these presents do for me my Heirs and Assigns and every of us freely clearly and absolutely remise release and for ever quit-claim unto the said Sir H. W. his Heirs and Assigns for ever in his and their full and peaceable possession seizin and being all the Estate Right Title Interest Possession Reversion Claim and Demand whatsoever which I the E. I. now have may might or ought to have or which I or my Heirs at any time hereafter shall or may have might or ought to have or claim of in or to all those the Rectories of B. c. and also of in and to all and singular Messuages Mills Lands Tenements c. to the said c. belonging or appertaining To have and to hold the said Rectories c. unto the said Sir H. W. his Heirs and Assigns to his and their own proper use and behoof for ever so as neither I the said E. I. nor my heirs shall or may at any time hereafter ask claim challenge or demand any right title interest claim or demand whatsoever of in or to the premises before mentioned or of in or to any part or parcel thereof but thereof and therefrom shall be utterly ' debarred and for ever secluded by these presents And I the said E. I. and my heirs the said Rectories and all and singular
other the premises above mentioned and with their appurtenances unto the said Sir H. W. his Heirs and Assigns to the uses and behoofs aforesaid against me the said E. I. and my heirs and against my Father I. I. and W. E. my Uncle their and either of their Heirs and Assigns or any other person or persons whatsoever claiming by from or under me them or any of them shall and will warrant and for ever defend by these presents In witness c. A Conveyance in Fee-simple of a House and Land c. THis Indenture made the c. between G. C. of c. on the one part and H. H. of c. and S. his wife on the other part Witnesseth That the said G. C. for and in consideration of the sum of c. to him at and before the ensealing and delivery of these presents well and truly in hand paid by the said H. H. and S. his wife where of and wherewith he the said G. C. doth acknowledge himself c. hath granted aliened bargained sold and confirmed and by these presents doth fully clearly and absolutely grant alien bargain sell and confirm unto the said H. H. and S. his wife all that Messuage or Tenement scituate or being in T. in the County of S. now in the Tenure or Occupation of the said G. C. or of his Assignee or Assignees and three acres of Land or thereabouts lying on the Backside of the said house be it more or less and all Barns Stables Orchards Gardens Buildings and other hereditaments to the same belonging or appertaining or with the said House or Tenement commonly used occupied or enjoyed or which are accepted reputed or taken to be part parcel or member of the same and now in the Tenure or Occupation of him the aforesaid G. C. his Assignee or Assignees with all Commons and Common of Pasture whatsoever to the same belonging and also of those two Cottages or Tenements in T. aforesaid standing together adjoyning to the said Messuage or Tenement and one parcel of Ground adjoyning to the said Cottages which said Cottages and parcel of Ground last mentioned do contain by estimation on the side towards the Kings High-street Twenty yards of Ground or thereabours and on that side towards the Garden now or late of the said G. C. thirteen yards of Ground or thereabouts and now are in the several Tenures and Occupation of M. J. and F. L. and the Reversion and Reversions Remainder and Remainders Rents and yearly Profits whatsoever of all and singular the said premises to every part and parcel thereof together with all and singular Deeds Evidences and Writings touching or concerning onely the premises or any part thereof To have and to hold the said Messuage or Tenement and the said three Acres of Land and the said two Cottages or Tenements and the said parcel of Land adjoyning to the said Cottages and other the premises with their appurtenances before by these presents bargained and sold or mentioned or intended to be thereby granted aliened bargained sold and confirmed and every part and parcel thereof unto the said H. H. and S. his wife and to the Heirs and Assigns of the said H. H. to the onely proper use and behoof of the said H. H. and S. his wife and the Heirs and Assigns of the said H. H. for ever and the said G. C. for himself c. that he the said H. H. for and notwithstanding any act done by him the said G. C. to the contrary at the time of the ensealing and delivery of these presents is and standeth lawfully and rightfully seized in his Demeasn as of Fee-simple in his own Right and to his own right Use without any condition limitation or other use or or trust to alter change or determine the same Estate of and in the said Messuages Lands Tenements Cottages and Premises before mentioned to be hereby granted bargained and sold and of and in every part and parcel thereof and that the said G. C. for and notwithstanding any act done by him to the contrary now hath and at the time of the first Estate to be had and executed to the said H. H. and S. according to the intent and true meaning of these presents shall have full Power just Right and lawful Authority to grant bargain and sell the same and every part and parcel thereof with the appurtenances unto the said H. H. and S. and the Heirs and Assigns of the said H. H. in manner and form as is before in these presents expressed and that the same Messuages or Tenements Lands Cottages and Premises and every part and parcel thereof with the appurtenances shall from henceforth for ever remain and continue unto the said H. H. and S. his wife and to the Heirs and Assigns of the said H. H. freely and clearly acquitâ—ed exonerated and discharged of and from all and all manner of former Bargains Sales Gifâ—â— Grants Dowers Joyntures Leases Rents Charges Rent-seck Arterages of Rents Annuities Uses Entails Statutes-Merchant and of the Staple Judgments Forfeitures Executions Intrusions and Incumbrances whatsoever and of and from all other Charges Titles Troubles and Incumbrances whatsoever had made committed or wittingly or willingly suffered or done by the said G. C. or by any other person or persons whatsoever lawfully claiming by from or under him the said G. C. or by his means assent privity or procurement the Rent and Services from henceforth to grow due to the chief Lord or Lords of the Fee or Fees of the premises for and in respect of his or their Seigniory or Seigniories onely excepted and foreprized And further that he the said G. C. and his Heirs and Assigns shall and will at all time and times hereafter within the space of five years next ensuing the date of these presents upon the reasonable request and at the Costs and Charges in the Law of the said H. H. and S. his wife or of the Heirs and Assigns of the said H. H. make suffer do knowledge and execute or cause to be made done knowledged suffered and executed all and every such further lawful and reasonable act and acts thing and things device and devices conveyances and assurances in the Law whatsoever for the further more perfect and better assuring and sure-making of the premises before mentioned to be hereby bargain'd and sold and of every part and parcel thereof unto the said H. H. and S. his wife and to the Heirs and Assigns of the said H. H. for ever Be it by Fine or Fines Feoffment or Feoffments Recovery or Recoveries with single or double Voucher or Vouchers Deed or Deeds inrolled or not inrolled the entolment of these presents release confirmation with warranty of the said G. C. and his Heirs onely against him the said G. C. and his Heirs or otherwise without warranty or by all every or any of the said wayes or means or by any other wayes or means which by the said H. H. c. or his
to take receive retain and keep as to him the same shall be delivered by the Sheriff of the same County of c. according to the tenor purport and effect of His Majesties Writ of Extent unto the said Sheriff in that behalf directed Giving and granting by virtue of these present unto my said Attorney my full power and authority and all and every thing and things needful necessary or requisite to be had made or done for or concerning the said possession taking or the retaining of the same to my use as aforesaid the same for me in my stead and name to do use execute and exercise as fully and wholly and in as large and ample manner and form and to all intents and purposes as I my self might and could do if I weâ—â— personally present ratifying allowing and holding firm and stable all and whatsoever my said Attorney shall lawfully do or cause tâ— be done in or about the execution of the premises by vertue of these presents In witness c. A Covenant for the levying of a Fine ANd the said C. D. for himself his Executors c. and for every of them doth covenant and grant to and with the said W. G. and F. W. their Executors Administrators c. That the said C. D. or his Heirs shall and will at and before the c. at the proper Costs and Charges in the Law of the said C. D. his Heirs c. according to the usual course of Fines and Recoveries us'd and accustom'd levy one lawful and sufficient Fine and suâ—er a lawful and sufficient recovery to be had and made against him the said C. D. and his Heirs unto the said W. C. and F. W. and their Heirs or the Survivor of them or to such other person or persons as they the said W. and P. or the Survivor of them or their Heirs shall nominate and appoint of all that Messuage c. naming the Lands with all and singular their appurtenances scituate and being in C. aforesaid in the County of B. which said Fine or Fines Recovery or Recoveries and all other Assurances and Conveyances to be had made levied acknowledged and executed of the premises or any part thereof by the name or names aforesaid or by any other name or names or in any other manner or form shall be and the said W. C. and F. W. and their Heirs and all and every other person and persons and the Survivor of them and their Heirs to whom the said Fine shall be levied or acknowledged as aforesaid shall stand and be seized of all and singular the premises and every part thereof to the onely proper use and behoof of the said W. and F. and their Heirs for ever to the intent a lawful and sufficient recovery may be had of all and singular the premises and of every part and parcel thereof according to the true intent and meaning of these presents which said recoveries shall be and shall be alwayes deemed adjudged and taken to be to the onely use and behoof of the said W. C. and F. W. and of the Heirs males of their Bodies to be begotten and for default of such Issue then to the use and behoof of the said W. C. and of his Heirs and Assigns for ever In witness c. A Covenant to Surrender a Copy-hold at the next Court. ANd the said c. for himself his c. doth covenant and grant to and with the said c. his c. that at the next Court holden at the Mannor of E. in the County of W. the said R. I. and his wife shall come and personally appear in the Face of the said Court of the said Mannor and in the open Face of the said Court according to the usual Custom of the said Mannor shall into the Hands of the Stewards of the said Court or his Deputy surrender assign and yield up to the use of the said T. his Heirs Executors Administrators and Assigns all that the right estate title interest and demand which they now have or by any means may have of and in the said Copy-hold Land and Tenements with the appurtenances called known by the said name or names of c. or any other Lands Tenements or Hereditaments which are claimed to be holden by him the said R. I. by Copy of Court-roll of the said Mannor of W. or to the same or to any part or parcel of the same belonging or so reputed esteemed or taken c. A Covenant for a further Assurance ANd the said L. M. for himself his c. That he the said L M. and A. his now wife and the Heirs of the said L. and all and every other person and persons whatsoever having or claiming or which shall or may have or claim or pretend to have any manner of right title interest or other thing into or out of the before mentioned premises or any part or parcel thereof from or under the said L. M. shall and will from time to time and at all times hereafter upon every reasonable request and at the Costs and Charges in the Law of the said c. his Heirs and Assigns make do suffer acknowledge and execute or cause to be made done acknowledged suffered and executed all and every such further lawful act or acts thing and things device and devices conveyances and assurances in the Law whatsoever for the further better and more perfect assurance surety sure-making and conveying of all and singular the said Messuages Lands Tenements and Hereditaments and all other the premises aforesaid and every part and parcel thereof unto the said L. B. his Heirs and Assigns for ever be it by Fine or Fines with Proclamation Recovery or Recoveries with double or single Voucher or Vouchers Deed or Deeds enrolled or not enrolled the enrolment of these presents release confirmation with warranty against all and every person or persons or without warranty or by all any or as mady of the wayes means and devices aforesaid or by any other wayes or means whatsoever as by the Council learned in the Law of the said J. B. his c. shall or may be devised or required so as the said J. M. and A. his wife their Executors c. be not enforced or compelled to travell above twelve Miles from his or their dwelling place or the Cities of London and Westminster for the making doing and executing thereof c. A Covenant that he is lawfully seized in Fee-simple or Fee-tail and hath power to demise ANd the said G. H. for himself c. that he the said G. H. at the time of the ensealing and delivery of these presents is and standeth lawfully seized of an indefeizable estate of Inheritance in Fee-simple or Fee-tail of and in all and singular the before demised premises with the appurtenances and every part and parcel thereof without any manner of condition or limitation of use or uses to alter or change the same And also that he the
T. W. his Executors or Assigns do and shall find Diet and Victuals for the said I. B. c. for so long time after the end of the said terms as they shall have been absent as aforesaid according to the true meaning of these presents That then c. A Condition to repay all such Charges as the Tenant shall be at by reason of the payment of his Rent there being controversie concerning the Title of the House THe Condition c. That whereas there is a Controversie or question between the above-bound E. H. and others touching their several right or interest in the now dwelling House of the above-named T. T. scituated c. And whereas upon an agreement between the said E. H. and T. T. the said T. T. is câ—ontented to pay the Rent of the said House it being 50 l. per annum unto the said B. H. as the same shall grow due according to his Lease If therefore the said E. H. his c. do and shall well and truly pay or cause to be paid unto the said E. T. his Executors or Assigns all such Rent sum or sums of Money Charges and Damages whatsoever as shall by due proceeding in Law be adjudged or decreed against him the said T. T. his Executors c. and all other Costs and Damages whatsoever which he the said T. T. shall sustain or be at by reason of any Actions Suits or Forfeitures whatsoever which shall or may happen or be unto the said T. T. his Executors Administrators or Assigns by reason or means of the payment of the said Rent or any part thereof unto the said E. H. his Executors Administrators or Assigns That then c. A Condition to discharge the Church-Wardens and Parishioners of a Child born in the Parish THe Condition c. That whereas one M. H. hath of late been delivered of a Man-child within the Parish of c. within written to the which Child the within-bound E. G. by his own voluntary confession doth acknowledge himself to be the Father If therefore the said E. G. his Heirs Executors or Assigns or every or any of them do from time to time and at all times hereafter full and clearly acquit discharge and save harmless as well the within-named J. B. and H. T. Church-wardens of the Parish-Church of c. aforesaid and their Successors for the time being and every of them as also all the Inhabitants and Parishioners of the said Parish which now are or hereafter shall be for the time being and every of them of and from all and all manner of Costs Charges and Expences whatsoever which shall or may in any manner of wise at any time hereafter arise happen come grow or be imposed upon them or any of them for or by reason or means of the Birth Education nourishing and bringing up of the said Child And of and from all other Actions Suits Charges Troubles Impeachments and Demands whatsoever touching and concerning the same That then c. A Condition for the surrender of Copy-hold Lands and to cause him to be admitted Tenant THe Condition c. That if the within-bounden J. K. and his Heirs do and shall at the next Court to be holden for or within the Mannor of H. in the County of E. sufficiently and in due form of Law surrender and yield up unto or for the use and behoof of the within-named L. M. his Heirs and Assigns or of such other person or persons and their Heirs and Assigns as the said L. M. shall nominate and appoint All that his Copy-hold Messuage or Tenement and Lands thereunto belonging containing by estimation sixteen Acres be it more or less now or late in the Tenure or Occupation of N. O. or of his Assigns parcel of the Mannor of H. aforesaid with all and singular Out-houses Easements Commodities and Appurtenances to the same appertaining clearly acquitted and discharged of all Dowers and titles of Dower whatsoever and do then and there also procure and cause the said L. M. or such other person or persons by him to be nominated as aforesaid to be only and lawfully admitted Tenant of the same premises so to be surrendred according to the custom of the said Mannor That then this c. A Condition for quiet enjoying a Mannor according to an Assignment thereof THe Condition c. That if the within-named R. J. his c. and every of them shall or may lawfully peaceably and quietly have hold occupy and enjoy the Mannor of S. with the appurtenances in the County of O. with all Lands Tenements Profits Priviledges Rents Court-leet and Advowson Woods Under-woods and all other Hereditaments thereunto belonging or appertaining without the let trouble suit eviction disturbance or contradiction of the within-bounden W. G. L. G. and M. G. or any of them their or any of their Heirs Executors Administrators or Assigns or any of them or any other person or persons whatsoever having claiming or pretending to have any manner of Right Title Interest Property Claim or Demand of in or to the said Mannor and Premises aforesaid or of in and to any part or parcel thereof by from or under the said W. G. M. G. and L. G. or either or any of them according to the tenour purport effect and true meaning of one Indenture of assignment bearing date the c. made and sealed by the said W. G. unto the said R. J. of the premises aforesaid as by the said Indenture may appear That then c. A Condition for assurance of Lands THe Condition c. That if the within-bounden W. B. shall upon reasonable request to him to be made by the within-named T. H. his Heirs or Assigns on this side and before the Feast-day of c. next ensuing the date within-written convey and assure unto the said T. H. his Executors and Assigns for ever one Close of Pasture containing by estimation one Acre abutting upon F. towards c. one other Close c. all which premises are scituate lying and being in the Parishes Towns and Fields of W. and G. or in some or one of them in the County of B. by such Conveyances and Assurances in the Law as by the said T. H. his Heirs and Assigns or by his or their Council learned in the Law shall be reasonably devised or advised and required discharged of all Incumbrances whatsoever the chief Rents and Services thereof due and payable to the chief Lord or Lords of the Fee or Fees of the premises only excepted And also if the said W. B. his c. and every of them do and shall until the said conveyance and assurance shall be made and passed as aforesaid quietly permit and suffer the said T. H. his Heirs and Assigns to have receive perceive and take to his and their own proper uses and behoofs the Rents Issues and Profits of all and singular the premises and of every part and parcel thereof without any manner of let suit trouble
consideration of a Marriage by Gods permission shortly to be had and solemnized between the said P.M. and one F. Daughter of E. T. of c. and for divers other good causes and considerations him the said J. M. especially moving it is concluded covenanted granted and agreed by and between the said Parties to these presents And the said J.M. on his part for himself his Heirs Executors and Administrators doth by these presents covenant and grant to and with the said E. F. and G. M. and either of them and the Executors and Administrators of them and either of them that for the considerations aforesaid he the said J. M. and his Heirs and all and every other person and persons now standing or being seized or that hereafter shall stand and be seized of and in all that the Mannor of S. in the County of B. with all and singular the rights members and appurtenances thereof and of and in all and singular Messuages Tenements Houses Buildings Orchards Lands Meadows Leasows Pastures Feedings Commons Mills Woods Under-woods Advowsons Reversions Rents Services Wastes Estrayes Royalties Liberties Priviledges Jurisdictions Hereditaments and all other the rights members and appurtenances whatsoever to the said Mannor and Lands incident belonging or in any wise appertaining or accepted reputed taken or known or occupied demised or letten as part parcel or member thereof shall from thenceforth stand and be seized of and in the same Mannor Lands Tenements Hereditaments and all other the premises and of and in every part and parcel there of with the appurtenances to the uses intents and purposes hereafter in these presents mentioned and expressed and to none other use intent or purpose whatsoever That is to say unto and for the use of the said J. M. until the said Marriage shall be had and solemnized between the said P. M. and F. and immediately from and after the said Marriage so had to the use of the said P. M. and F. and of the Heirs males of the said P. M. on the body of the said F. lawfully begotten and for default of such Heirs males to the use of the right Heirs of the said J. M. for ever And further the said J. M. doth by these presents covenant and grant for him his Heirs Executors Administrators and Assigns and every of them to and with the said E. F. and C. M. and either of them their Heirs Executors Administrators and Assigns in manner and form following That is to say That the said Mannor Lands Tenements and Hereditaments and all other the premises with their appurtenances now are and be and at all times hereafter and from time to time shall and may continue remain and be clearly acquirted exonerated and discharged or otherwise well and sufficiently saved and kept harmless by the said J. M. his Heirs Executors c. or by some or one of them at his and their own proper costs and charges of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Joyntures Dowers Titles of Dower Uses Wills Entails Rents Charge-Rents Seck arrerages of Rents Titles Recognizances Statutes-Merchant and of the Staple and of and from all other Charges Incumbrances and Demands whatsoever had made committed or done by the said J. M. or by his Heirs or Assigns or by any other person or persons or by his or their assent consent means privity or procurement The Rents and Services which from thenceforth shall grow due to the chief Lord or Lords of the Fee or Fees of the premises and all lawful Leases or Grants heretofore made or granted of the premises or of any part thereof which shall not continue above four years or thereabouts next after the date hereof whereupon several yearly Rents are reserved amounting in the whole to c. which shall be yearly payable to the said P. M. and F. and the Heirs males of the said P. M. for and during the continuance of the said Leases and Grants only excepted and foreprized And that the said Mannor and other the premises at the end and determination of the said Leases and Grants shall remain and from thenceforth shall and may continue and be unto the said P. M. and F. and the Heirs males of the said P. M. of the clear yearly value of c. or thereabouts And moveover that he the said J. M. his Heirs c. shall and will at this time and from time to time during the space of one whole year next after the said Marriage had and solemnized when as often as he or they or any of them shall be thereunto reasonably required by the said E. F. and G. H. or either of them their Heirs or Assigns or any of them do make knowledge levy and execute or cause and suffer to be made done knowledged levied and executed all and every such further act and acts thing and things device and devices assurance and assurances in the Law whatsoever be it by Deed or Deeds inrolled or not inrolled Fine with Proclamation Feoffment Recovery with Vouches and Vouchers release or confirmation with warranty against the said J. M. and his Heirs or otherwise or without warranty or by all or so many of the wayes means and devices aforesaid or by any other wayes or means whatsoever as by the said E. F. or G. H. or either of them their Heirs or Assigns or by their or any of their Council learned in the Law shall be reasonably devised or advised and required at the costs and charges only in the Law of the said P. M. for the further better and more perfect assurance surety sure-making and conveying of the said Mannors Lands Tenements and Hereditaments and all and singular other the premises with the appurtenances in and by these presents mentioned and intended to be conveyed and assured in manner and form above in these presents declared and every part and parcel hereof unto the said E. F. and G. H. to the uses intents and purposes above in these presents mentioned and to no other uses intents or purposes whatsoever In witness c. An assurance of a Joynture made before Marriage with special Covenants concerning Children by a former Husband THis Indenture made c. between R.L. of c. of the one part and A. B. and J.G. of c. of the other part Witnesseth That in consideration of a Marriage shortly to be had and solemnized between the said R. L. and A. H. late Wife of c. deceased for the future good and advancement of the said A. H. and in testimony of the singular good will and affection which he the said R. L. hath and beareth to the said A. H. and for divers other good and weighty considerations him the said R. L. thereunto especially moving it is covenanted granted concluded and fully agreed upon by and between the said Parties to these presents in manner and form following That is to say And the said R. L. for himself his Heirs Executors and Administrators
conveying of Hesters third part to J. F. and his Heirs suffer a recovery and by this Deed together with the Tenants of the Free-bold and the Recoverors direct the use of the same Recovery THis Indenture Tripartite c. Between Sam. N. c. and Hest his Wife one of the Daughters and Co-heirs of W. K. late of c. deceased of the first part J. F. the younger of c. of the second part and T. Y. of c. and N. L. and B. T. of the third part witnesseth That whereas the said S. N. and Hester his Wife in the right of the said Hester were at the beginning of the Term of St. Michael now last past and before seized in Fee-rail with divers remainders over of and in one full third part the whole into three equal parts to be divided of all that Tenement c. containing by estimation one Yard-land with the appurtenances set lying and being in Dundry aforesaid in the said County of Somerset and of and in all Houses Edifices Buildings Barns Stables Orchards Gardens Backsides Lands Tenements Meadows Leasows Pastures Commons Common of Pasture Woods Under-woods Profits Commodities Emoluments and Hereditaments whatsoever to the said Messuage and Premises or any of them or to any part and parcel of them belonging or in any wise appertaining and whereas the said S. N. and H. his Wife being so seized as aforesaid since the beginning of the said last Term of Saint Michael did for and in consideration of the sum of 100 l. of c. to them by the said J. F. before the ensealing and delivery hereof well and truly paid and satisfied whereof they do hereby acknowledge the receipt and thereof and of every part and parcel thereof do clearly acquit and discharge the said J. F. his Heirs Executors and Administrators by these presents conclude and agree to and with the said J. F. to convey and assure to the said J. F. his Heirs and Assigns for ever to the only and proper use and behoof of him the said J. F. his Heirs and Assigns for evermore the one full third part of all and singular the Tenement Cottages Lands and Premises before in these presents mentioned or expressed and of all and singular other the Messuages Lands Tenements and Hereditaments whatsoever within the Parish of Dundry and Chiew aforesaid or either of them whereof the said William King the younger Father of the said Hester in his life-time and at the time of his death was seized of an Estate of Inheritance by such wayes means and assurance in the Law as by the Council of the said J. H. should be advised and thought meet and whereas it was advised and thought meet by the Council of the said I. F. and concluded and agreed by and between the said Parties to these presents that a common recovery with double Voucher should be suffered and executed of the said third part by the said S. M. and H. his Wife of the Messuages Tenements Cottage Land and Premises before in these presents mentioned or expressed for the cutting off the said intail and barring all remainders and for the assuring and setling of the Inheritance of the same third part to and on the said I. F. his Heirs and Assigns for ever in pursuance of which said advice conclusion and agreement they the said S. N. and Hester his Wife by their Deed indented bearing date the first day of this instant Moneth of November and inrolled in the High Court of Chancery the nineteenth day of the same Moneth made between them the said S. N. and Hester of the one part and the said T. Y. of the other part have granted bargained and sold to the said T. Y. and his Heirs one full third part the whole in three equal parts to be divided of all and singular the Tenement Cottage Lands and Premises before in these presents mentioned or expressed and of all and singular other the Lands Tenements and Hereditaments whatsoever within the Parishes of Dundry and Chiew aforesaid or either of them whereof the said W. King the younger Father of the said Hester in his life-time and at the time of his death was seized of an Estate of Inheritance and the Rents Reversions and Services thereof to be had and holden to the said T. Y. perfect Tenant of the Free-hold of the premises that a good perfect and common recovery with double Voucher might thereof be had and executed in pursuance of and according to the said conclusion and agreement and whereas afterwards in the same Term of St. Michael according to the conclusion and agreement aforesaid the said N. L. and B. T. did pursue out of the said Court of Chancery one Writ of Entry sur disseisin en le post returnable before the Justices of the Court of Common-Pleas at Westminster whereby the said N. L. and Ben. T. demanded against the said T. Y. the said part of the Messuage Tenement Cottage Lands and things herein before mentioned or expressed and by the said conclusion and agreement meant or agreed to be assured or conveyed to the said J. F. and his Heirs as aforesaid by the names of the third part of two Messuages of thirty acres of Land of ten acres of Meadow of thirty acres of Pasture of three acres of Wood and Common of Pasture with the appurtenances in Dundry and Chiew in the County of Somerset to which Writ the said T. Y. appeared in person and after declarations against him by the said N. L. and B. T. he the said T. Y. appeared in person at the Bar of the said Court and vouched to warranty the said S. N. and H. his wife who likewise appeared in person and did enter in the warranty and afterwards vouched over the common Vouchee who did likewise appear in person and after declaration against him made defence and afterwards made default whereby several Judgments were had according to the course of common recoveries used in the said Court of Common-Pleas witnesseth now further this present Indenture and it is hereby explained declared and expressed that the true intent and meaning of all the said Parties to these presents before and at the time of the suffering the said recovery was and ever since hath been and yet is that the said recovery and the whole execution thereof should and for ever hereafter shall be and enure and the said recoveries and their Heirs shall for ever hereafter stand and be seized of and in the said third part of the said Tenement Cottage Lands and Premises before-mentioned with the appurtenances to and for the only proper use and behoof of him the said J.F. and of his heirs and assignes for ever and to or for none other use intent or purpose whatsoever for that end purpose according to the advice of the Council and the conclusion and agreement aforesaid the said S. N. and H. his wife for them and their Heirs and every of them do and either of them doth by these
request of the said W. B. and by the appointment and with the atturnment of the said W. D. the elder have and either of them hath granted bargained sold aliened and confirmed and by c. to the said W. D. the Son and his Heirs all that Messuage Tenement c. and all Rents Reversions Remainders and Services of the said premises and all their and either of their Right Title Interest Challenge Claim and Demand whatsoever of in and to the same premises to have hold and enjoy the said c. unto the said W. D. the Son his Heirs and Assigns for ever to his and their own use for evermore to be holden of the chief Lord or Lords of the Fee or Fees of the premises by the Rent and Services therefore due and of right accustomed and it is concluded and agreed by and between the said Parties that neither these presents nor any thing therein contained shall extend to be construed to extend to bind or charge the said R. R. and W. K. or either of them their or either of their Heirs touching the premises otherwise than against his and their own acts respectively In witness whereof c. Note That in respect of the Atturnment of Tenant the Estate of Inheritance passeth legally without Livery B. M. being seized of Lands jure uxoris she being a Co-heir purchaseth of J. B. to whom the Estates of the other Co-heirs is come all the Lands the Conveyance is by recovery concluded to be suffered by J. B. THis Indenture c. Between J. B. of c. Son and Heir of William Beaumont late of c. deceased and M. his Wife one of the Daughters and Co-heirs of D. S. Gent. deceased of the one part and B. M. of c. William H. J. H. of c. and Rich. C. of c. of the other part witnesseth That the said John Beaumont for and in consideration of the sum of 200 l. of c. to him by the said B. M. before c. whereof c. hath agreed to grant convey and assure to the said B. M. his Heirs and Assigns for ever all that toft and eight acres of Land by estimation be they more or less called c. and also Common Pasture for six young Beasts and one House with the appurtenances in Wickware Heath all which premises are scituate c. and now are in the tenure holding or occupation of the said B. M. in the right of E. his Wife the Daughter of R. W. deceased for term of her life and which said premises late were the Inheritance of the said D. S. and by and after his death descended and came to his three Daughters viz. the said M. E. the Wife of R. C. and B. the Wife of J. M. the parts and portions of which E. C. and B. he the said W. B. purchased and dyed thereof seized And also the said J. B. for the Confiderations aforesaid hath agreed to grant convey and assure to the said B. M. his Heirs and Assigns for ever all other the Messuages Lands Tenements and Hereditaments of him the said J. B. within the Parish of W. aforesaid and all Rents Reversions and Services of the premises and every part thereof as by such wayes and means as by him the said B. M. or his Council learned in the Law shall be in that behalf reasonably devised and required and this present Indenture further witnesseth That the said I. B. doth for himself his Heirs Executors and Administrators covenant promise and grant to and with the said B. M. his Executors and Administrators and Assigns by these presents that he the said I. B. shall and will before the end of Easter Term now next ensuing by Deed indented and enrolled in the High Court of Chancery bargain and sell to the said W. H. and I. H. and their Heirs all the said toft and premises To have and to hold to the said W. H. and I. H. and their Heirs during the natural life of the said I. B. to the intent and purpose to make them Tenants of the Free-hold of the premises and that a Writ of Entry sur disseisin en le post shall be brought and prosecuted by the same R. C. against the said W. H. and I. H. whereby he shall demand the said premises by some fit or apt names against them the said W.H. and I.H. who shall appear in person and vouch to warranty the said J. B. who shall likewise appear in person and vouch over to warranty the common Vouchee who shall likewise appear in person and enter into the warranty and afterwards make default and depart in contempt of the Court whereby several Judgments shall be had viz. for the said R. C. to recover the premises against the said W. H. and I. H. and for them to recover in value against the said I. B. and for the said I. B. to recover over in value against the said common Vouchee which said recovery so or in any other manner to be had and executed and all Fines Feoffments and other Assurances at any time hereafter to be had or executed of the premises or any part thereof shall be and enure and shall be deemed adjudged construed and expounded to be and enure to and for the only use and behoof of the said B. M. and of his Heirs and Assigns for ever and the said I. P. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said B. M. his Heirs and Assigns by these presents that he the said I. B. at the time of the ensealing and delivery thereof is and until the said premises shall be fully and perfectly conveyed and assured to the said B. M. his Heirs and Assigns for ever according to the true intent and meaning of these presents shall be the true and lawful Owner of the said premises and every part thereof and of and in the same and every part thereof lawfully and rightfully seized of a good Estate of Inheritance in Fee-simple in his own right and to the only use of him and his Heirs by good sure sufficient and absolute conveyance assurance and title in the Law indeseazible and also that he the said I. B. at the time of the ensealing and delivery hereof hath and until the said premises shall be assured as aforesaid shall have full power good right and lawful authority to bargain sell convey and assure the said premises and every part thereof to the said B. M. his Heirs and Assigns for ever according to the true intent and meaning of these premises and also that the said premises and every part thereof now be and are and so from time to time and at all times hereafter for ever shall or may be remain and continue to the said B. M. his Heirs and Assigns clearly acquitted and discharged or otherwise by him the said I. B. his Heirs and Assigns well and sufficiently saved and kept harmless of and from all and all
c. to Eliz. her Sister in trust c. THis Indenture Tripartite c. between T. Geo. Esquire Son and Heir of Sir Tho. G. of c. Knight of the first part Ph. E. single woman and Daughter of c. of the second part and Eliz. B. Sister of the said Ph. B. of the third part witnesseth That whereas there is a Marriage agreed upon and shortly by Gods Grace to be had and solemnized between the said T. G. and the said Ph. B. and whereas the said P. B. is and standeth possessed and interessed in certain Leases Moneys Jewels Debts Goods and Chattels and whereas also the said T. G. by reason of the present distractions of the times is not able presently to assure unto the said P. B. such Joynture as is agreed on to be assured to her witnesseth now further this present Indenture that it is covenanted granted condescended unto and agreed upon by and between all the said Parties to these presents in manner and form following that is to say the said P. B. by and with the consent and good will of the said T. G. Party to these presents testified by being party and putting his Hand and Seal to one or more parts of this Indenture hath granted aliened assigned and set over and by c. unto the said Eliz. B. all such Mannors Messuages Lands Tenements Rents Services and Hereditaments whatsoever situate lying and being in c. or else-where in England whereof or wherein she the said Phil. is or standeth possessed or interessed and all her Estate Right Title Interest Claim and Demand whatsoever in and to the same Mannors Messuages Lands Tenements and Premises and every or any part thereof together with all Leases Deeds and Writings touching the same premises and every part thereof To have and to hold the said Mannors Messuages Lands Tenements and Premises and every part and parcel thereof with the appurtenances to the said Eliz. B. her Executors Administrators and Assigns from henceforth for and during all the respective time and times term and terms as she the said P. B. hath or ought to have thereunto to come and unexpired and also the said Ph. B. by and with the like consent and agreement of the said T. G. party to these presents testified as aforesaid hath granted and delivered and by c. to the said Eliz. B. all her Jewels Moneys Bonds Specialties Debts and other Goods and Chattels whatsoever before hereby mentioned meant or intended to be granted and delivered and every part and parcel thereof with the appurtenances to the said Eliz. B. her Executors Administrators and Assigns to the uses intents or purposes hereafter in these presents mentioned and declared and it is expressed and declared to be the true intent and meaning of all the said parties to these presents that the several Grants herein before made to the said Eliz. B. are so to her made upon trust and confidence in her reposed as well by the said T. G. Party to these presents as the said P. B. that in case the said Marriage take effect and that the said T. G. shall during the Coverture between him and the said Ph. cause to be assured by good and sufficient wayes and means in the Law to the said Ph. for her life and after her death to the Heirs of her body by the said T. party c. to be begotten the Mannors Messuages Lands Tenements and Hereditaments situate lying and being in the Counties of Wilts and Gloucester or either of them of the clear yearly value of 250 pounds of c. over and above all Rents Charges Deductions and Reprizes or that after such Marriage solemnized if the said Ph. shall happen to depart this transitory life before the said T. G. and before such assurance made as aforesaid which shall first happen she the said Eliz. B. her Executors Administrators and Assigns shall and will upon the reasonable request and at the costs and charges in all things of the said T. G. his Executors c. not only grant assign and set over to the said T. G. party c. his Executors c. all the said Mannors Messuages Lands Tenements Hereditaments and Premises before hereby granted or assigned by the said Ph. B. to the said Eliz. B. as aforesaid for all such time and times term and terms respectively as shall be then therein to come and unexpired discharged of all other Grants and Incumbrances made or done by the said Elizabeth except such as she shall make or do by consent of the said T. G. his Executors c. but also grant and re-deliver to the said T. G. his Executors or Assigns all such Moneys Jewels Bonds Specialties Debts and other Goods and Chartels whatsoever as in the mean time shall come to the hands of the said Eliz. her Executors c. by force of these presents and which shall remain or be in her or their hands custody or possession by the true meaning hereof and also that in such case she the said Elizabeth her Executors c. shall from time to time in the mean time after Solemnization of the said Marriage pay and deliver to the said T. G. all such Rents Issues and Profits of the said Mannors Lands Tenements Moneys and Debts as shall come to her or their Hands or Custody and also upon further trust and confidence in the said Elizabeth B. reposed that in case the said Marriage take effect and the said T. G. happen to depart this transitory life before the said P. B. and before he shall have assured or caused to be assured to the said P. B. any Mannors Messuages Lands Tenements or Hereditaments of the value aforesaid and in form aforesaid that then in such case she the said Elizab. B. her Executors c. shall and will not only re-grant re-assign and set over to the said Ph. B. all the said Mannors Messuages Lands Tenements and Premises before hereby granted or assigned by the said Ph. B. as aforesaid for all such time and times term and terms respectively as shall be then therein to come and unexpired discharged of all other Grants and Incumbrances made or done by the said Elizabeth B. her Executors c. except such as she shall make or do by the consent of the said P. H. but also re-grant and re-deliver to the said Phil. her Executors or Assigns all such Moneys Jewels Bonds Specialties Debts and other Goods and Chattels whatsoever as in the mean time shall come to the Hands or Custody of the said Eliz. her Executors or Assigns by force of these presents and which shall remain or be in her or their Hands Custody or Possession by the true meaning of these presents and the said T. G. for himself his Executors c. doth covenant promise grant and agree to and with the said Eliz. B. her Executors c. by these presents that neither he the said T. G. nor his Heirs c. nor any other person or persons claiming
or to claim by or under him or deriving any authority by or under him them or any of them shall at any time hereafter enter into receive take or intermeddle with the said Mannors Messuages Lands Tenements Hereditaments Jewels Moneys Bonds Specialties Debts or other things before hereby mentioned meant or intended to be granted assigned or delivered by the said Phil. B. to the said Eliz. B. as aforesaid or any part or parcel thereof or any Rents Issues or Profits thereof or of any part thereof other than according to the true intent and meaning of these presents provided alwayes and it is declared to be the true intent and meaning of these presents and all the parties to the same that in case the said Marriage shall not be solemnized on or before the c. next ensuing the date hereof that then and from thenceforth these presents and every grant matter and thing herein contained shall cease determine and be utterly frustrate and void to all intents and purposes and that the said P. B. her Executors c. shall from thenceforth have and enjoy again to her and their own use and right all c. any thing c. In witness whereof to one part of this Tripartite Indenture remaining with the said Eliz. B. the said T. G. and P. B. have put their Hands and Seals to one other part remaining with the said P.B. the said T. G. and Eliz. B. have c. to the other part remaining with the said T. G. the said P. B. and E. B. have c. A. and B. his Wife being possessed of a certain Mannor and Lands Covenants with C. D. to levy a Fine thereof to certain uses with a Covenant that himself and his Wife together shall have power to let Leases for Lives or Years THis Indenture c. Between A. and B. his Wife of the one part and C. c. and D. of c. of the other part witnesseth That for the setling of the Inheritance of the Mannors Lands Tenements and Hereditaments hereafter in these presents mentioned to such use and uses and in such manner and form as is hereafter in these presents limited expressed and declared and for the enabling of the said A. and B. his Wife to make and grant Leases and Estates of and in the said Mannor Lands and Premises in such manner and form and according to the power and authority to them hereafter in these presents mentioned reserved and raised and for other good Causes and Considerations them the said A. and B. his Wife thereunto especially moving it is agreed between the said Parties and they the said A. and B. his Wife do covenant grant and agree to and with the said C. and D. and either of them their Executors and Administrators by these presents that they the said A. and B. his Wife shall and will before the end of Michaelmas term next ensuing the date hereof acknowledge and levy to the said C. and D. and to the Heirs of the said C. one Fine sur conuzance de droit c. to be sued out with Proclamations according to the form of the Statute in that case made and provided of all that the Mannor Capital Messuage Farm Baron and Demeasn Lands of c. with all and singular the Rights Members and Appurtenances thereof thereunto or to any of them belonging or reputed or used as thereunto or to any of them belonging and of all other the Messuage Lands Tenements Rents Services and Hereditaments whatsoever wherein T. J. Gent. deceased had any Estate of Inheritance in possession reversion or remainder situare lying and being or to be had or taken in or near the Towns Parishes Fields and Hamlets c. with the appurtenances and of twelve Messuages two Cottages one Water-Mill twelve Gardens three hundred Acres of Land two hundred Acres of Pasture forty Acres of Wood with the appurtenances in c. or by such other fit name or names quantities and qualities of Acres as shall be thought fit which said Fine so or in any other manner to be had and levied shall be deemed adjudged construed and expounded to be to and for the only uses intents and purposes hereafter in these presents limited expressed and declared and to and for none other use intent or purpose whatsoever that is to say to the use and behoof of the said A. for and during the term of his natural life and from and after his death to the use and behoof of the said B. for and during the term of her natural life and from after the decease of the said A and B. his Wife to the use and behoof of the Heirs of the body of the said A. on the body of the said B. begotten and to be begotten and for default of such Heirs to the use and behoof of the right Heirs of the said A. for ever and it is promised covenanted concluded agreed and declared by and between all and every the said parties to these presents that it shall and may be lawful to and for the said A. from time to time and at all or any time or times during his natural life by an Indenture or Indentures to make any Demise or Demises Grant or Grants of the said premises or of any part or parts thereof alone or amongst other things as well in possession for the term of twenty one years or under or for one two or three life or lives or for any term or number of years determinable on one two or three Lives at for and under such Rents Covenants and Conditions as to him the said A. shall seem meet so as she the said B. shall be made a Party to every such Indenture whereby any such Demise or Grant shall be made during the life of the said B. and that the said B. shall seal and deliver every such Indenture and that at all times from and after the making of any such Demise or Demises Grant or Grants the said Fine to be levied as aforesaid and the Conuzes of the same Fine and their Heirs and the Heirs of the Survivor of them shall stand and be seized of and in such part and parts as shall be so demised or granted to the use and behoof of every such Lessee or Lessees Grantee or Grantees to whom any such Demise or Demises Grant or Grants shall be so made and according to the true intent and meaning of every the same several and respective Demise or Demises Grant or Grants so as the same Lessee or Lessees Grantee or Grantees their Executors and Assigns shall pay the Rents and perform their Covenants and Conditions in such Indentures of Demises or Grants to be specified and contained according to the true intent and meaning of the same Indenture In witness c. R. C. being possessed of a Messuage c. in Fee-simple granteth the same to J. P. C. P. and G. C. Habend to them and their Heirs to certain uses viz. the use of himself for life yet
so as to pay 20 l. per annum and Meat Drink c. to his eldest Son his Wife c. and after his decease to several other uses and profits THis Indenture c. Between R. C. of c. of the one part and J.P. C. P. and G. C. of the other part witnesseth That the said R. C. for divers considerations him thereunto moving and especially for the preferment of A. his eldest Son and next Heir and for the Joynture of Alice the now Wife of the said A. and for the preferment of the Issue between the said A. and Alice lawfully begotten and to be begotten hath given granted enfeoffed and confirmed and by c. unto the said J.P. C.P. and G. C. and their Heirs all that Mansion-house or Messuage with the appurtenances wherein the said R. C. now dwelleth set lying and being c. and all the Orchards Gardens Lands Tenements Pastures Meadows Woods Commons Profits Commodities and Advantages whatsoever to the said Messuage and Premisses belonging or in any wise appertaining or being accepted reputed or used as part parcel or member thereof and the Reversion and Reversions Remainder and Remainders Rents and Services of all and singular the aforesaid premises and every part and parcel thereof To have and to hold the said Messuage or Tenement Lands Meadows Leasoes Feedings Pastures Rents Reversions Services and Hereditaments and all and singular other the premises with their and every of their appurtenances unto the said J. P. C. P. and G.C. their Heirs and Assigns for ever to this end meaning intent construction and purposes that they c. and their Heirs and the Heirs of the Survivor or Survivors of them shall from henceforth stand and be seized of the said Messuage and all and singular other the above mentioned premises and of every part and parcel thereof to the uses intents and purposes hereafter in these premises limited and declared and to none other use intent or purpose whatsoever that is to say to the use and behoof of the said R. C. for and during his natural life so as and upon condition that he the said R. C. shall from time to time during his natural life pay or cause to be paid unto the said A. and Alice his Wife and the longest liver of them the sum of 20 l. by the year at the two most usual Feasts in the year that is to say the Feast of c. by even portions to be paid during the said term or within fourteen dayes next after every of the said Feast-dayes and the first payment to be had and made upon the Feast-day of c. and the same payments to be yearly had and made in manner and form aforesaid at or within the now dwelling-house of the said A. situate c. and also upon condition that he the said R. C. shall from time to time during his natural life find give and provide unto the said A. and the said Alice his Wife and to all such Children as shall between them begotten competent sufficient and convenient Meat Drink House-room and Lodging within his said Mansion-house and after the decease of the said R. C. the said Parties above-mentioned and the Heirs of the longest liver of them shall stand and be seized of all and singular the said premises with their and every of their appurtenances to the use and behoof of the said A. and of the said Alice his Wife and of the Heirs of their two Bodies between them lawfully begotten and to be begotten and for default of such Issue to the use and behoof of R. C. one other of the Sons of the said R. C. and of the Heirs males of his Body lawfully to be begotten and for default of such Issue to the use and behoof of W. C. one other of the Sons of the said R. C. and the Heirs males of his Body lawfully to be begotten and for default of such Issue to the use of the said R. C. of his Heirs and Assigns for ever R. C. covenanteth that he is lawfully seized hath power to grant that the premises shall remain free from Incumbrances proue usual A settlement by Fine and Recovery of several Mannors Lordships c. for the raising of Moneys for payment of Debts and Childrens portions as also for entailing thereof under several Provisoes and Legacies THis Indenture Tripartite c. between the Right Honourable Edward Lord Herbert and Richard Herbert Esq Son and heir apparent of Dame Mary late wife of the said Edward Lord Herbert and sole Daughter of Sir William Herbert of St. Julians in the County of Monmouth Knight deceased of the first part the Right Honourable John Earl of Bridgewater and Edward Herbert of the Inner-Temple London Esq of the second part and Moses Loyd of c. and Henry Githins of c. of the third part witnesseth That whereas the said Edward Lord Herbert or some in trust for him is or are seized in his or their Demeasn as of Fee of some part of the Lands Tenements and Hereditaments hereafter mentioned and is also seized for term of his life as Tenant by the courtesie of England of the Mannors Messuages Lands Tenements and Hereditaments hereafter specified the Reversion thereof in Fee-simple being descended by and after the decease of the said Mary unto the said Richard Herbert now to the end that the Mannors Lordships Messuages Lands Tenements and other Hereditaments hereafter mentioned and expressed may be established vested and setled unto the said Edward Lord Herbert during his natural life and after his decease upon the said Richard Herbert and upon his name stock and posterity and to such other uses intents and purposes as are hereby appointed it is covenanted promised granted condescended concluded and agreed by and between the said parties to these presents and the said Edward Lord Herbere and Richard Herbert do for themselves their Heirs Executors Administrators and Assigns covenant promise and grant condescend and agree to and with the said John Earl of Bridgewater and Edward Herbert their Heirs Executors Administrators and Assigns and to and with every of them by these presents that they the said Edward Lord Herbert and Richard Herbert shall and will on this side and before the end of Michaelmas Term next ensuing and coming after the date of these presents in due form of Law and at the equal costs and charges in the Law of the said Edward Lord Herbert and Richard Herbert levy and acknowledge to the said Moses Loyd and Humphry Githins and the Heirs of the said Moses one or more Fine or Fines sur conuzance de droit come ceo c. with Proclamations thereupon to be had and made according to the form of the Statutes in that behalf made and provided of all that Capital Messuage or Mannor-house of St. Julians with the Rights Members and Appurtenances thereof and of all and singular the Mannors Lordships Messuages Lands Tenements and Hereditaments whatsoever of them the said Edward
Lord Herbert and Richard Herbert or either of them whereof they the said E. Lord R. and H. or either of them are or do stand seized of any Estate or Inheritance within the Kingdome of Ireland by such name or names quantities qualities contents and numbers of acres of things in such manner and form as by the said E. L. H. and R. H. or either of them shall be reasonably devised or advised and required in and by which Fine or Fines so as aforesaid or in any other sort to be levied and acknowledged the said E. L. H. and R. H. shall acknowledge the said Mannors Lordships Messuages Lands Tenements Hereditaments and all and singular other the premises with their and every of their appurtenances to be comprised in every such Fine to be the right of the said M. L. as those which the said M. L. and G. H. have of the gift of the said E. L. H. and R. H. the which said Fine or Fines so as aforesaid or in any other sort to be levied and acknowledged shall be and enure and shall be deemed adjudged esteemed reputed and taken to be and enure to the use and behoof of the said M. L. L. and G. H. and their Heirs to the intent and purpose that they the said M. L. L. and H. G. may become perfect Tenants of the Free-hold of the said Mannors Messuages Lands Tenements Hereditaments and Premises with their appurtenances whereby one or more perfect common Recovery or Recoveries shall or may thereof be had and suffered in manner and form hereafter following for which intent and purpose it is hereby further covenanted and agreed by and between the said parties to these presents that it shall and may be lawful to and for the said J. E. of B. and E. H. to bring pursue and prosecute against them the said M. L. L. and H. G. one or more Writs of every sur disseism en le post of and for the said Mannors Lordships Messuages Lands Tenements Rents Hereditaments and all and singular other the premises with their and every of their appurtenances by such name or names quantities qualities contents and numbers of acres and things in such sort manner and form as by the said E. L. H. and R. H. or their or either of their Council learned in the Law shall be reasonably devised advised and required the which said writ or writs of Entry sur disseisin en le post so as aforesaid or in any other sort to be had or brought shall be returnable in such Courts and before such Judges or Justices as the said E. L. H. and R. H. or the Survivor of them his or their Council learned in the Law shall advise or think fit before the end of Michaelmas Term next ensuing after the date of these presents and the said M. K. K. and H. G. shall thereunto appear gratis and vouch over to warranty the common Vouchee who shall also appear and after imparlance had shall make default and depart in contempt of the said Court whereby one or more perfect common recovery or recoveries shall or may he had or suffered against them the said M. L. L. and H. G. of and for the said Mannors Lordships Messuages Lands Tenements Hereditaments and Premises with their appurtenances according to the usual course of common recoveries in such cases used and accustomed for assuring of Lands and Tenements the which said common recovery or recoveries so as aforesaid or in any other manner to be had and suffered and all other common Recoveries Fines Feoffments Conveyances and Assurances in the Law whatsoever since the death of the said Lady Mary Herbert wife to the said Edward Lord Herbert had made levyed suffered acknowledged or executed or at any time hereafter to be made levied suffered acknowledged or executed by or between the said Parties to these presents or any of them or whereunto they or any of them shall be parties of or concerning the said Mannors Messuages Lands Tenements Hereditaments or Premises or any of them or any part or parcel of them or any of them shall be and enure and shall be adjudged deemed esteemed reputed and taken to be and enure to the uses behoofs intents and purposes and with upon and under such Provisoes Conditions Powers and Limitations as are hereafter in and by these presents mentioned declared limited and appointed that is to say as for and concerning all and singular the said Messuages Farms Lands Tenements and Hereditaments in Tanterne in the said County of Monmouth c. to the use and behoof of the said Richard Herbert his Heirs and Assigns for ever and as for and concerning all and every other the Mannors Messuages Lands Tenements Meadows Leasowes Pastures Feedings Commons Woods Under-woods Rents Services and Hereditaments whatsoever to them the said Ed. L. H. and R. H. or either of them with their and every of their appurtenances in the said County of Monmouth to the use and behoof of the said Richard Herbert for and during the term of his natural life without impeachment of or for any manner of waste and with full power to do or commit waste and after the decease of him the said R.H. to the use and behoof of the said E.L. H. for and during the term of his natural life and after the decease of the said E. L. H. to the use and behoof of Edward Herbert eldest Son of the said Richard Herbert and of the Heits males of his body lawfully to be begotten and for default of such Issue to the use and behoof of John Herbert second Son of the said Richard and of the Heirs males of his body lawfully to be begotten and for default of such Issue to the use and behoof of Richard Herbert third Son of the said R. H. party to these presents and of the Heirs males of the body of Richard Herbert Son of the said R.H. party to these presents lawfully to be begotten and for default of such Issue to the use and behoof of the fourth Son of the body of the said Richard Herbert party to these presents on the body of the Lady Mary Herbert his wife Daughter of the said Jo. E. of B. begotten or to be begotten and of the Heirs males of the body of such fourth Son lawfully to be begotten and for default of such Issue to the use and behoof of the fifth Son of the body of the said Richard Herbert party to these presents on the body of the said Lady Mary Herbert his wife begotten or to be begotten and of the Heirs males of the body of such fifth Son lawfully to be begotten and so the sixth seventh eighth ninth and tenth and for default of such Issue to the use and behoof of all and every other Son and Sons of the body of the said Richard Herbert party to these presents to be begotten successively one after another as they and every of them shall be in seniority of age and priority of Birth the eldest
of the said Sons and the Heirs males of his body being ever preferred before the younger of the said Sons and the Heirs males of his body and for default of such Issue to the use and behoof of Edward Herbert second Son of the said E. Lord H. and of the Heirs males of his body lawfully begotten or to be begotten and for default of such Issue to the use and behoof of the Heirs males of the body of Richard Herbert Esquire deceased Father of the said Edward Lord Herbert lawfully begotten and for default of such Issue to the use and behoof of the Heirs males of the body of Edward Herbert Grand-father to the said Edward Lord Herbert and for default of such Issue to the use and behoof of the right heirs of him the said Richard Herbert Son of the said Edward Lord Herbere for ever And as for and concerning the Mannors Lordships Messuages Mills Lands Tenements Orchards Gardens Tosts Crofts Meadows Leasows Pastures Feedings Woods Under-Woods Rents and Hereditaments whatsoever of the said Edward Lord Herbert and Richard Herbert his Son or either of them with their and every of their appurtenances in the said County of Anglesey to the use and behoof of the said Jo. Earl of Bridgewater and Edward Herbert party to these presents and of their Heirs and Assigns for ever upon trust and confidence nevertheless and to the end intent and purpose that they the said John Earl of Bridgewater and Edward Herbert party to these presents and the Survivor of them and his Heirs shall and will at his and their free will and pleasure sell convey and assure the said Mannors Lands and Premises in the said County of Anglesey and every part thereof for the best benefit profit and advantage which shall or may be bona fide had or gotten for the same and that the money to be raised by every or any such sale and as every such sale shall be made shall be forthwith paid and disposed of as followeth that is to say out of the money that shall be raised by sale of such of the premises in the said County of Anglesey as were the Lands of Dame Herbert late of c. there shall be forthwith and in the first place so much money paid to the said Edward Lord Herbert his Executors or Administrators as according to the true yearly value of those Lands shall come to five years and an half purchase and the residue of the monies that shall be raised by the sale of the same Lands which were the Lands of Dame Herbert late of c. shall be disposed of for and towards the payment and of the Debts of the said Richard Herbert party to these presents and sums of money mentioned in the Schedule hereto annexed as the said Jo. Earl of B. and Richard H. party to these presents or the Survivors of them shall think fit and of the money that shall be raised by the sale of the residue of the said Mannors Lands and Premises in the said County of Anglesey there shall be forthwith and in the first place so much paid to the said Ed. Lord Her his Executors or Administrators as according to the yearly value of the same Mannors c. shall come to sixteen years purchase and if those Mannors and Lands shall be sold for more than sixteen years purchase then the one moyety of such surplusage if any shall be shall be forthwith and in the first place paid to the said Ed. L. H. his Executors or Administrators and the other moyety thereof shall be disposed of for and towards the payment of such of the Debts of the said Richard Herbert party to these presents and sums of money mentioned in the said Schedule as the said John Earl of B. and Edward Herbert party to these presents or the Survivor of them shall think fit and the over-plus thereof if any shall be shall be paid to the said Richard Herbert or to such other person or persons as he the said Richard Herbert party to these presents by any writing under his Hand and Seal shall direct nominate appoint to be disposed of in the buying of Land to be estated in the same manner as the Lands in the said C. of Carnarvan are by these presents limited and for want of such direction nomination or appointment to the Executors or Administrators of the said Richard Herbert party to these presents the further trust intent and meaning of these presents and the parties hereunto-being that the said Edward Lord Herbert his Executors Administrators or Assigns shall or may have receive and take to his and their own proper use all and singular the Rents Issues Revenues and Profits of the said Mannors Lands and Premises hereby limited and intended to be sold until sale be thereof made as followeth Provided alwayes and it is hereby declared and agreed by and between all and every the said parties to these presents and the true intent and meaning of these presents is That it shall and may be lawful to and for the said Ed. L. Her paying to Sir Richard Eaton of Newport in the County of Salop Knight his Executors and Administrators to be disposed according to the trust hereafter mentioned the sum of 1000 l. of good and lawful money or such less sum of money as the said Jo. Earl of Bridgewater and Edward Herbert party to these presents or the Survivor of them shall think fit appoint at any time or times during the term of his natural life by Indenture or by any Deed or Deeds Writing or Writings to be by him the said Ed. Lord Herbert sealed and subscribed in the presence of two or more credible Witnesses to declare limit and appoint all or any the said Mannors Messuages Lands Tenements Rents Hereditaments and Premises with their appurtenances in the said County of Monmouth the said Capital Messuage called by the name of St. Julians and the Lands late in the tenure or occupation of John Morgan Esquire and the Lands and Tenements whereof the use is herein before limited to the said Richard Herbert party to these presents or the Survivor of them in possession alwayes excepted and reserved to and for the Joynture of any wife or wives which he the said Edward Lord Herbert shall hereafter happen to marry for and during the natural life and lives of such wife and wives or for any number or term of years determinable upon her or their life or lives the same to take effect after the death of the said Edward Lord Herbert and that then and so often and from thenceforth the said Recovery or Recoveries shall be and enure and the Recoverer and Recoverers therein named his and their heirs shall stand and be seized of and in the said Mannors Messuages Lands Tenements and Hereditaments in the said County of Monmouth with their rights members and appurtenances or of or in so much or such part thereof of for and concerning the which such Indenture Deed
or Indentures such or so much of the said Mannors Lands Tenements Hereditaments and Premises whereof he shall be then so seized in possession of such Estate as aforesaid or any part thereof chargeable and charged nevertheless with the liberties and powers herein contained and with the terms and estates hereof thereby or in pursuance thereof made or raised unto any person or persons whatsoever in possession for any number of years not exceeding the number of Twenty one years from the making thereof in possession or for the term of three lives or for any fewer number of years or lives or for any number of years determinable on three lives or any fewer number of lives in possession so as upon every such Demise Lease or Grant so to be made as aforesaid there be reserved respectively such Rents and Services as at any time within the space of Seven years last past before the date of these presents have been reserved for the same or more or greater Rent payable for the same during the continuance of every such several or respective Demise or Lease so to be made as aforesaid to such person or persons as by force of these presents shall or ought to have the immediate Reversion or Remainder thereof and that immediately from and after every or any such time as any such several and respective Demise Lease or Grant shall be made as aforesaid the recovery and recoveries and every of them shall be and enure and shall be taken to be and enure and the said Recoverer and Recoverers in the said Recovery named and every of them their and every of their Heirs and all and every other person or persons which at any time hereafter shall be seized of such parts and parcels of the premises as shall be demised or leased as aforesaid shall stand and be seized thereof and of every part thereof to the use and behoof of such several and respective person and persons to whom any such Demise or Lease shall be so made as aforesaid their several and respective Executors Administrators and Assigns to such several and respective estate and estates term and terms and such manner and form as in such several and respective Demises or Leases to be made as aforesaid shall be mentioned and expressed subject to the Rents Covenants Conditions Provisoes and Agreements as therein shall be severally and respectively contained and expressed and of the Reversion and Reversions Remainder and Remainders thereof to the use of such person or persons as by force of these presents shall or ought to have the immediate Reversion or Remainders thereof any thing c. Provided alwayes and it is c. and the true intent c. is that it shall and may be lawful to and for the said Richard Herbert party to these presents at any time or times after the decease of the said Edward Lord Herbert during his natural life by Indenture Deed or Writing to be by him the said Richard Herbert party to these presents sealed and subscribed in the presence of two or more credible Witnesses to make any Lease or Leases Demises or Grants of all or any part of the said Mannors Lands Tenements and Premises with their appurtenances as well those within this Realm of England and the Principality of Wales as those within the said Kingdom of Ireland except such of the Mannors Lands Tenements and Premises in the said County of Monmouth as shall be limited to or for the Joynture of such wife or wives as the said Edward Lord Herbert shall hereafter marry for and during the life or lives of such Wife or Wives only for the term of 21 years or under or for one two three or more lives or for any number or term of years determinable upon one two three or more lives in possession or reversion or otherwise with reservation of Rent or without reservation of Rent at his and their will and pleasure unto any person or persons subject nevertheless to the use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert his Heirs and Assigns in manner aforesaid upon trust for the raising of the several portions herein after mentioned for such Daughter and Daughters as the said Richard Herbert Son of the said Edward Lord Herbert shall happen to have and not otherwise Provided that is to say if one Daughter only then for the raising of 3000 l. for that Daughter if more than one Daughter then for the raising of 2000 l. apiece for each and every one of the said Daughters and that all or every such Lease or Leases Demises or Grants so to be made as aforesaid shall stand and be good and effectual in the Law to all intents and purposes and that the said Recovery and Recoveries so as aforesaid or in any other sort to be had and suffered and the Recoverer and Recoverers therein named his and their Heirs shall stand and be seized of and in such part and so much of the Mannors Messuages Lands and Premises with the appurtenances as shall be so demised or leased as aforesaid and every part thereof except as is before excepted to the use of such person and persons his and their Executors Administrators and Assigns to whom such Demises Leases or Grants shall be so made as aforesaid for and during such Leases Estates and Terms as shall be so demised and granted as aforesaid subject nevertheless to the said use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert his Heirs and Assigns in manner aforesaid Provided also and it is c. and the true intent c. that it shall and may be lawful to and for the said Richard Herbert party to these presents from time to time and at all times during his natural life by any his Deed or Deeds Writing or Writings indented or poll to be by him the said Richard Herbert party to these presents signed sealed and delivered in the presence of two or more credible Witnesses to revoke annihilate frustrate and make void all or any of the use or uses estate or estates or limitations herein before limited declared and appointed of for or concerning any three Plough-lands of the premises in the Kingdome of Ireland not exceeding in the whole the clear yearly value of 150 l. per annum over and above all Charges and Reprizes other than the use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert and his Heirs in the manner aforesaid and other than the use herein before limited to the said Edward Lord Herbert for his life and that then and from thenceforth the use and uses estate and estates and limitations herein before declared limited or appointed of for or concerning such of the last mentioned premises for or concerning which any such nomination shall so be had or made other than the uses herein before limited to the said Edward Lord Herbert and Edward Son of the said
the arrerages thereof if any be do at the end of every such Account made make just and true payment to the said C. D. his Heirs or Assigns and further do well and truly administer serve and execute all Process to him to be directed from the Stewards and Officers of the said C. D. his Heirs or Assigns concerning the premises or any part thereof and moreover do during all the said term demean and behave himself as an honest and true Bayliff ought to do that then c. or else c. A Condition of a Deputy Rent-Gatherer to give Accompt for the Receipt of Rents THe Condition c. That whereas the within-bound A. B. hath retained to and with the within-named R. C. Renter of the Mannor of Finsbury for the collecting of all the Rents coming or growing out of the Mannor of Finsbury in the County of Middlesex and of Lands Rents and Tenements belonging to the Major Aldermen Commonalty and Citizens of the City of London Farmers of the said Mannors Lands Rents and Tenements for term of years yet to come if therefore the said A. B. do well and truly behave himself in the said room or office of Rentership for the Collection of the said Rents and Profits of the said Mannors Rents Lands c. and well and truly from time to time collect the said Rents and every part thereof to the hands of the Chamberlain of the City of London for the time being to the use and behoof of the said Major Aldermen Commonalty and Citizens of the City of London and make yearly the Accompt of the said Rents and of every part thereof in the name of the said R. C. if he then be living of Record in the Chamber of the said City to the Office of the same to whom it doth or may appertain to take and engross the same Accompt and also if the said A. B. during the life of the said R. D. do no act or acts thing or things directly or indirectly to the prejudice and hindrance of the right of the said R. O. in and to that Office called the Rentership of Finsbury and further do from time to time clearly acquit discharge or save and keep harmless the said R. C. his Executors Administrators and Assigns and every of them against the Major Aldermen Commonalty and Citizens of the City of London and against all and every person and persons to whom it may or shall of right in that behalf belong that then c. or else c. A Condition to make true Accompt of one Bayliffship THe Condition c. That whereas Sir H. H. Knight and Baronet chief Justice of the Common-Pleas Sir J. D. Knight Chancellour of the Dutchy of Lancaster T. N. Esquire Surveyor-General do stand and are possessed amongst other things of the Mannor of c. for divers yet to come upon trust and confidence and to and for the only use of C. P. have by the commandment and warrant of the said C. P. by Deed under his Hand and Seal constituted and appointed the within-bound H. L. to be Bayliff of the Mannor of Westham aforesaid and Collector of the Rents and Revenues perquisits and Profits there during the pleasure of the said C. P. If therefore the said H. L. by himself for his sufficient Deputy or Deputies his or their Executors or Assigns do and shall from time to time for and during their continuance and exercise of and in the said place or office demean himself and themselves therein without voluntary concealment deceit or fraud towards the said C. P. and do and shall yearly during such his and their continuance and exercise as aforesaid at the Audit and Audits to be held and kept for the said C. P. yield and make just and true Accompt to and before the said Auditors for the time being of the said Mannor and Premises and thereupon make payment and satisfaction to the said C. P. his Officer or Officers in that behalf to be authorized and appointed to and for the said C. P. his use at or before every such Audit or Audits of and for all and every such Rents Sum and Sums of Money and other Issues Revenues Goods Chattels Perquisits and Profits as then shall come to the hands of the said H. L. or his Deputy or Deputies or as he or they then ought rightly to be charged withall to the said C. P. his use for or by means or in respect of the said Office or Place that then c. or else c. A Condition for payment of a sum of Money within three dayes after request if the Obligee may not enjoy a Messuage THe Condition c. That whereas the within-bound C. D. by a Deed bearing date within-written for the consideration therein hath assigned and set over unto the within-named A. B. one Indenture of Lease bearing date c. made and granted to him the said A. B. by one c. of a Messuage or Tenement with the appurtenances lying and being c. now in the tenure of c. for the term of c. and all his Estate Right Title Interest and Term of years to come in and to the same Messuage or Tenement and other the premises by the said Lease demised as by the said Poll. Deed or Writing more at large appeareth if therefore the said A. B. his c. paying the said Rent and performing the said Covenant and Duties in the said Lease contained on the Tenants part from and after the c. to be paid and performed shall not or may not peaceably and quietly have hold and enjoy the said Messuage or Tenement with the appurtenances for and during all the residue of the said term without any let trouble interruption of or by the said c. then if the said C. D. his Executors c. do within one Moneth next after notice thereof to him or them to be given by him the said A. B. his c. well and truly repay or cause c. to the said c. his Executors or Assigns the sum of c. of c. the said A. B. them also re-delivering and re-assuring unto the said C. D. his Executors c. the said Indenture of Lease safe and uncancelled and all his Estate Interest and Term of years in and to the same and the premises thereby demised clearly discharged of all Forfeitures Re-entries and Incumbrances whatsoever then to be had made committed or permitted by the said A. B. his c. together with the Poll-deed aforesaid that then c. or else c. A Condition to bring an Inventory into the Prerogative Court by a day THe Condition c. That if M. H. Wife of J. H. while he lived of the Parish of c. do make or cause to be made a true and perfect Inventory of all and singular the Goods Chattels and Debts of the said J. H. and the same so made to exhibit or cause to be exhibited into the Prerogative
That if the within-named J.M. his Heirs and Assigns and every of them shall and may for evermore from henceforth peaceably and quietly have hold occupy possess and enjoy all that Messuage Tenement and Lands scituate lying and being in c. and every part and parcel thereof mentioned to be bargained and sold by the within-bound R.W. to the said J.M. in and by a certain Indenture of bargain and sale bearing date the day of the date within-written made between the within-bound R.W. and A. his wife on the one part and the above-named J.M. on the other part clearly discharged or otherwise sufficiently saved harmless of and from all and all manner of estates titles charges and incumbrances whatsoever at any time heretofore had made committed permitted suffered or done by the said W. or by his means or procurement that then c. A Condition to pay a yearly sum of Money for a Wives Joynture during her life THe Condition c. That if the above-bound P. P. his Heirs Executors Administrators or Assigns or any of them do well and truly pay or cause to be paid unto K. the now wife of the said T. P. for and in the name of her Joynture yearly and every year for and during the term of the natural life of the said K. if she shall survive and over-live the said T.P. her Husband the yearly sum of c. at Four most usual Feasts in the year that is to say at c. by even and equal portions the first payment thereof to begin and to be made at the Feast of the said Feasts which shall first and next happen after the death of the said T.P. if she the said K. shall be then living and also if when any of them the Sureties of the said T.P. shall happen to die or depart this natural life the said K. living the survivor of them within one moneth next after his death shall procure one sufficient Surety to become bound with the then surviving Obligor in the like sum and under the same condition and so from time to time during the life of the said K. upon the sealing and delivery of every which new Bond the former Bond to be delivered to the survivor to be cancelled that then c. A Condition to endeavour to discharge an Obligation by a day THe Condition c. That if c. do and shall use his best endeavour for and in discharge of one obligation bearing date the c. wherein the within-named D.W. and B B of c. are and stand bound unto the said M. B. deceased in the sum of 100 l. for payment of 52 l. at a day already past and do thereof acquit and discharge the said D.W. and B. B. and either of them their and either of their executors administrators and assigns of and from all actions sutes troubles costs and charges whatsoever of for and concerning the said Obligation or sums of money therein contained that then this c. A Condition reciting an absolute bargain and sale is made to one for the Indempnity of a Bond if the money be paid upon the Bond the Grantee is bound to re-assure THe Condition c. That whereas the within-named J. T. by his deed indented bearing date the day of the date within written for the indempuity discharge and saving harmlesse of the within-bound Sir M. W. his Heirs Executors and Administrators of for from and conderning one Obligation bearing date the c. within-written wherein the said Sir M. W. for the only debt of the said J. T. together with the said J. T. is and standeth bound unto 〈◊〉 Esq in the sum of c. with condition for payment of c. on 〈◊〉 c. next coming hath granted bargained sold and confirmed unto the said Sir M.W. his Heirs and Assigns for ever all that Close c. with the appurtenances called or known by the name of c. scituate lying and being in c. as by the same deed inrolled in the High Court of Chancery amongst divers other things therein contained may more at large appear If therefore the said Sir M W. his Heirs or Assigns in whom the estate of the before-mentioned premisses is or shall be vested or setled do and shall upon reasonable request to him of them to be made in that behalf by the said J. T. his Heirs or Assigns after that the said J. T. his Heirs Executors Administrators or Assigns shall have paid the said 104 l. and acquitted and discharged the said Sir M.W. his Heirs Executors Administrators and Assigns of and from the said Obligation and the sum and sums of money therein contained at the costs and charges in the Law of the said J.T. his heirs or assigns re-convey and re-assure unto the said J.T. his Heirs and Assigns for ever the said Close called c. with the appurtenances with warranty therein to be contained against the said Sir M.W. his heirs and assigns only so as he or they be not compelled to travell for the making of the said assurance further than the place of his or their abode and residence at the time of such request made that then c. A Condition reciting a Surrender of Land upon condition that if the money be not paid according to the condition the Obligor may enjoy the Lands c. THe Condition c. That whereas the within-bound T. J. hath the day of the date within-written surrendred into the hands of the Lord of the Mannor of H. in the County of c. out of Court by the hands of A. B. and C. D. two of the customary Tenants of the said Mannor according to the custom of the said Mannor one Messuage or Tenement c. with all and singular their and every of their appurtenances now or late in the tenure or occupation of the said T.J. his assign or assigns to the onely use and behoof of the within-named F.A. and of his Heirs and Assigns for ever according to the custome of the said Mannor nevertheless upon condition of non-payment of c. at or in c. as by the same Surrender more at large appeareth If therefore the said F. A. his Heirs and Assigns and every of them shall or may from time to time and at all times for ever from and after default made in payment of the said sum of c. at the day and place appointed for payment thereof as aforesaid lawfully peaceably and quietly have hold occupy possess and enjoy the same Messuage or Tenement Lands and all and singular other the premisses in and by the said surrender mentioned and expressed clearly and absolutely acquitted and discharged or otherwise by the said T. J. and his Heirs sufficiently saved and kept harmless of and from the Joynture Dower and Thirds of K. now Wife of the said T. ◠to be claimed or challenged of or in the said premisses or any part thereof and of and from all and all manner of former and
other bargains contracts surrenders and other charges titles troubles and incumbrances whatsoever by the said T. J. his Heirs and Assigns in any wise heretofore had made committed suffered or done or to be had made committed suffered or done the rents and services to the chief Lord or Lords of the Fee thereof and from thenceforth growing due therefore only excepted and fore-prized that then c. A Condition that whereas one hath an Annuity issuing out of the Mannor of c. which said Annuity he hath released c. for payment of c. THe Condition c. That whereas the within-bound J.B. hath and holdeth for the term of his natural life of the grant of the within-named R.L. one annuity or yearly rent of c. by the year issuing and going out of the Mannor of c. and out of certain other Lands Tenements and Hereditaments in the County of c. as by the same grant thereof made more at large it doth and may appear which said annuity or yearly rent of c. the said J.B. by his Deed indented bearing date the day of the date of these presents hath bargained sold and released unto the said R. L. upon and under a certain condition in the same Deed indented expressed as by the same also it doth and may appear If therefore the said J.B. hath not at any time before the ensealing and delivery of the said Deed indented bargained sold given granted assigned or set over or by any other means incumbred the said annuity or yearly rent of 100 l. or any parcel thereof that then c. A Condition whereas the Obliges hath owing by one a sum of money which is to be paid to a Creditor of the Obligor who is bound to repay within ten dayes after notice of the receipt THe Condition c. That whereas the within-named J.F. hath remaining in the hands and custody of G. c. the sum of c. which sum of c. the said J.F. is contented at the request and desire of the within-bound J. c. shall be paid and delivered by the said G. c. unto one L. c. If therefore the said c. his Executors Administrators or Assigns do well and truly pay or cause to be paid unto the said J. F. c. his Executors Administrators or Assigns at or in c. the said sum of c. within ten dayes next after the said J.F. his Executors Administrators or Assigns shall give sufficient notice or testimony unto the said c. his Executors Administrators or Assigns from the said Jâ—â—testifying that he the said L. hath received the said sum of c. of the said c. as aforesaid without fraud or coven that then c. A Condition where a Bond is assigned and that if the Obligees in the assigned Bond do not pay then the Obligee in this is bound to pay c. THe Condition c. That whereas the within-bound A.B. hath by his Deed in writing bearing date c. assigned over unto the within-named C. D. one Obligation bearing date the c. wherein E.F. and G.H. stand bound unto the said A. B. in the sum of c. with condition of payment of c. on the c. at c. as by the same Deed of assignment and obligation may appear if in case the said E. F and G.H. their Executors Administrators or Assigns do not pay unto the said C. D. his Executors or Assigns the said sum of c. on or before the c. with such considerations as shall be therefore due If then the said A.B. his Executors Administrators or Assigns do well and truly pay or cause to be paid unto the said C. D. his Executors Administrators or Assigns on the c. at or in c. the said sum of c. with consideration for the same after the rate of 8 l. per cent to be accompted from the day of the date with-in-written untill such time as the same shall be fully paid that then c. A Condition upon an Attachment THe Condition c. That whereas the above-named Sir R. L. Knight is to pay unto Sir M.R. of c. the sum of 150 l. of c. upon Bond bearing date on or about the c. last past before the day of the date above-written and whereas the day of the date above-written the above-bound W. S. hath attached the said sum of c. in the hands of the said Sir R. L. If therefore the said W. L. his Executors Administrators and Assigns and every of them do and shall at all times hereafter and from time to time well and sufficiently save defend keep harmless and indempnified the said Sir R. L. his Heirs Executors Administrators and Assigns and every of them as well against the said Sir M. R. his executors administrators and assigns as against all and every other person and persons for or concerning the said Obligation or any sum or sums of money therein contained and of and from all and all manner of actions arrests sutes costs losses chattels forfeitures payments and detriments whatsoever which shall or may be commenced or happen against the said Sir R. L. his Goods or Chattels for or by reason of the non-payment of 〈◊〉 said Sum of c. unto the said Sir M. R. his executors administrators or assigns on the said c. in regard the same is attached by the said W. S. as aforesaid that then c. A Condition to pay Rent quarterly for certain Rooms c THe Condition c. That if J.A. of c. the within-bound I.P. and T. A. or any of them their or any of their executors administrators or assigns do well and truly pay or cause to be paid unto the within-named G. P. his executors administrators or assigns the yearly sum of c. for those Rooms parcel of the Capital Messuage scituate c. wherein the said I. A. now inhabiteth for and during the full term of c. to be accompted from the c. last past before the date within-written at the Four most usual Feasts or Terms in the year that is to say at the Feast of c. or within ten dayes next ensuing every of the said Feasts by even and equal portions at or in c. the first payment to begin and to be made at the Feast day of c. next ensuing the date within-written or within ten dayes next ensuing the same Feast that then c. A Condition to surrender Land to certain uses THe Condition c. That if the above-bound M. W. S. W. and J. W. and every of them and their Heirs do and shall at the next Court to be holden for the Mannor of W. in the County of c. which shall be after request made by the above-named A. L. her Heirs or Assigns the said request being made eight dayes before any such Court be holden surrender into the hands of the Lord of
their use testifying the receipt thereof and the said sum of c. had and received as aforesaid thereout to satisfie and pay unto the said T.C. his Executors Administrators and Assigns the said sum of c. on the said c. in discharge of the recited Obligation and the remainder of the same to detain and keep to the onely use and behoof of me the said R.B. my Executors Administrators and Assigns and thereof be accomptable giving and by these presents granting unto the said R.M. his Executors Administrators and Assigns full power and lawful authority for me and in my name stead and place to do or cause to be done all and every such act and acts thing and things as he or they shall think meet or requisite to be done concerning the premisses by these presents as if I my self were then and there personally present And I shall and will ratifie allow and maintain all and whatsoever the said R. M. his Executors or Assigns shall lawfully do or cause to be done in or about the premisses by these presents In witness c. A Letter of Attorney to make Leases of Lands and to make sale of Woods and Goods and to make a Grant of a Stewardship during pleasure TO all c. E.M. of c. and wife of me the said E. Daughter and heir of c. and sole Executrix of the last Will and Testament of T. S. Esquire deceased send greeting in our Lord God everlasting Know ye That we the said E. and M. for divers good and reasonable causes and considerations us especially moving have given and granted and by these presents do give and grant unto our very trusty and well-beloved Friend J.T. of c. the Office of the Stewardship of all those our Mannors Lordships Lands Tenements and Hereditaments within the Counties of c. late the Lands and Tenements of the said T. S. and him the said J. T. Steward of the said Mannors Lands and Tenements do by these presents nominate appoint make create and constitute to have exercise use and hold the said Office with the appurtenances unto the said J.T. for and during our will and pleasure and we do by these presents further give and grant unto the said J.T. full power liberty license and authority for us and in our names not only to demise grant let and to set out by Copy or Court-Roll according to the customes of the said Mannors respectively to such person or persons in Fee-simple Fee-tail or term of life lives or years and for such fines rents and services as to the said J. T. shall be thought meet and convenient all such Copy-hold and customary Lands of the said Mannors or any part or parcel thereof which now are demisable or grantable or lawfully may be demised granted or set out within the said Mannors or any of them but also to do perform execute use and accomplish all and every other acts things demise or matter which any Steward or Stewards of the premisses or any of them at any time heretofore might or could do or which we may or can in any wise licence or authorize the said J.D. or give commission or power unto him to do execute perform or undergo And furthermore we the said E. and M. for divers good considerations and upon mature advice and deliberation have given and granted and by these presents do give and grant unto the said J.T. and our trusty servants J.E. and C.B. or to two of them whereof the said J.T. to be one full power liberty licence and authority for us and in our names by writing indented or otherwise to demise grant let and to set out for life lives or years all and singular the said lands tenements and hereditaments or any part or parcel thereof to such person or persons and for such sum and sums of money and for such rents and services and with and under such covenants conditions limitations articles and agreements in such manner order form and sort as to the discretion of them the said J. T. J. E. and C.B. or two of them whereof the said J.T. to be one shall seem meet and convenient and also to grant bargain and sell the Woods Trees and Under-woods of the premisses and every or any part and parcel thereof and to grant bargain and sell all such goods chattels and substance which we or either of us have or ought by any means or title to have within the said Counties to such person or persons and for such sum and sums of money and in such manner and form as to the said J.T. J. E. and C. B. or two of them whereof the said J.T. to be one shall be thought good and reasonable And moreover we the said F. and M. have named appointed ordained and constituted the said J. T. or two of them whereof the said J. T. to be one our true and lawful Atturneys to ask demand recover levy receive and gather in our names and to our use not onely all such rents and arrearages of rents debts duties and services that by any means degree or sort are due and payable unto us or either of us or that we ought or should have of any person or persons within the said Counties and in our names or in the name of either of us as the case shall require to sue arrest and implead such of the said persons as will not make payment of the said rents services debts and duties and of every of them and to sue execution upon any condemnation in that behalf and also in our and either of our names to make seal and deliver releases acquittances or other discharges of or for the said rents debts duties and services in every or any of them to any person or persons in such manner sort and form as to the said I.T. c. or to two of them whereof c. shall be thought meet and convenient and whatsoever the said I. T. shall do in c. for or touching the demising granting or setting out of the said Copyhold or customary Lands as a Steward of the premisses aforesaid and whatsoever the said I. T. c. or any two of them whereof c. to be one shall do use or cause to be done in for or touching any other thing or matter before mentioned we do by these presents grant and promise for us our heirs executors and administrators to establish ratifie confirm stand to allow avow as fully and as perfectly to all intents constructions and purposes as though the same were done by us our selves actually in our proper persons In witnesse c. A Warrant for an Attorney to confess a Judgement in case satisfaction be not made by a certain day MAster Barnet Whereas I E. F. Esquire together with C. D. c am and stand bound by Obligation in the Sum and Penalty of c. conditioned for payment of c. at a certain day long since past if in case I the said E
every of us owing that then we nor any of us nor any other by our or any of our means or procurement shall do any thing or act against the said J. C. or any of his Goods Chattels Moneys Merchandizes or any other of his things whatsoever An Indenture upon the choosing of a Burgess to serve in Parliament THis Indenture c. between H. D. c. High-Sheriff of the County of c. of the one part and H.B. and R.G. c. Burgesses and Burrough-men of the Burrough and Town of c. of the other part witnesseth That the said Burgesses and Burrough-men according to the Proclamation made by the said Sheriff for the election of Burgesses in every Burrough or Town within the said County have the day of the date hereof at A. aforesaid elected named and appointed H. B. and R. G. Esquires Burgesses of the said Town of A. and they to give their attendance advice and counsel at the High Court of Parliament to be holden at Westminster the c. next coming In witnesse whereof the said Burgesses and Borrough-men to these present Indentures have put their seals and subscribed their names and marks the c. A Testimonial for the relief of one that had his House and Goods burnt TO all Christian People c. Know ye That we Sir J.T. and T.G. Knights T.W. E.P. c. Esquires for the succouring and relieving of our poor distressed Brother S. S. of c. do by these our Writings testifie declare and bear witness That on Friday the tenth of c. the said S. S. being at Wakefield Market travelling for his livelihood a sudden and lamentable Fire hapned which burnt down his dwelling house with all his Goods therein and his Barn wherein was all his Corn and Hay to the utter undoing of the said S. his Wife and small Children Now for that the said S. was an honest painful man and is now brought to so great misery and distress that he knoweth not where or how to provide for his Wife and Children without the charitable relief of well disposed Christians therefore we pray and desire all charitable and godly-minded persons to help succour and relieve the said S. with their charity towards his livelihood and in recompence of his losses and in so doing they shall oblige us to shew the like charity to any of their Neighbour in their distress and necessity In witnesse c. The beginning of a Demise of Copy-hold Lands c. THis Indenture c. witnesseth That whereas at a Court Baron holden for the Mannor of c. on the c. last past the Lord of the said Mannor by c. the Steward did give license to the said J. T. to demise and grant the Messuage Lands and Tenements hereafter in these presents mentioned unto any person or persons for the term of 21 years from the Feast of c. then last past as by the Rolls of the said Courts appeareth Now the said J.T. in pursuance of the said License to him granted as aforesaid and for and in consideration of the Sum of c. to him c. hath demised granted and to farm letten and by these presents c. all that Copy-hold Messuage or Tenement with the appurtenances commonly call'd or known by the name of c. scituate lying and being in now or late in the Tenure or Occupation of c. and all Prout in ordinary Lands A Release from two joynt-Purchasers to the other two TO all to whom these presents shall come Sir T. W. of c. Knight and T. S. of c. Esquire send greeting Know ye That the said Sir T. W. and T. S. for good Considerations them hereunto moving have remised released and for ever quit-claimed and by these presents do for them and either of them their and either of their heirs remise release and for ever quit-claim unto c. their Heirs and Assigns all the estate right title interest claim and demand whatsoever of them the said Sir T. W. and T. S. of in and to all that the Mannor and Lordship of c. with the rights members and appurtenances thereof and of in and unto all and singular other the Mannors Lordships Lands Tenements and Hereditaments which in and by one Indenture enrolled in the Chancery bearing date the c. made between the Right Honourable c. of the part and the said c. on the other part were granted bargained and sold or mentioned or intended to be thereby granted bargained and sold unto the said c. and their heirs and of in and unto every part and parcel of them every or any of them In witness c. A sale of goods to the Plantiff levied upon a Scire facias by the Sherisss Bayliff KNow all men c. That I G. B. Bayliff of the Wapontake of c. in the County of c. by vertue of the Writ of Sciri facias to the Sheriff of the said County directed have levied of the goods and chattels c. the sum of c. part of a debt due to c. and levyed by vertue of the Writ aforesaid to his use In full satisfaction of which said sum of c. I do by vertue of the Writ and Warrant to me directed as aforesaid assign sell and set over unto the said c. all the goods and chattels in the apprizement hereto annexed nominated at the rate of c. to have c. the said goods and chattels to him his Heirs Executors and Administrators as his own proper goods and chattels as fully and absolutely as I the said G. B. might could or ought to do by force and vertue of the said Warrant and Apprizement or otherwise howsoever In witness c. A Lease of Goods levied by the Sheriff upon Judgement THis Indenture made the c. between M. F. of c. of the one part and J.F. of c. of the other part Whereas the fard M. F. did in Michaelmass Term in the c. by due course of Law obtain and recover one Judgement in the Court of Kings Bench at Westminster against the said J.F. for the sum of c. debt and costs of sute as by the Records remaining in the said Court Rot. 232. Whereunto relation being had more at large it doth and may appear and whereas Sir J.S. Sheriff of the said County of c. did 〈◊〉 or about the c. by vertue of a Writ of Sciri facias upon the said Judgment to him directed returnable c. levy of the goods and chattels of the said I. F. the sum of c. in part and satisfaction of the said Judgement which goods and chattels were sold by the said Sheriff or his Deputy unto the said M. F. as by a particular Schedule or Indenture hereunto annexed appeareth Now this Indenture witnesses And it is fully concluded and agreed by and between the said parties to these presents in regard the said goods and chartels
mentioned in the said Schedule cannot be presently sold for the best benefit and advantage of the said M. F. that the same goods and chattels shall remain and continue in the custody and possession of the said I. F. for the use and behoof of the said M.F. his c. for and during the space and time of six moneths next after the date hereof and if any of the said goods and chattels mentioned in the said Schedule hereunto annexed have been already or hereafter during the said space of six months shall be sold or disposed of by the said I.F. his Executors Administrators and Assigns then he the said I. F. for himself his Executors and Administrators and for every of them doth by these presents covenant promise grant and agree to and with the said M. F. his Executors Administrators and Assigns to give a true and just accompt or accompts together with the proceed or encrease thereof in writing unto request made and to pay or cause to be paid unto him the said M. F. his Executors Administrators or Assigns all such sum or sums of Money as shall be found due upon the said accompt or accompts so to be made or given and at the end and expiration of the said term shall and will well and truly deliver or cause to be deliver'd unto the said M.F. if the said I.F. his executors c. shall be thereunto required the residue and remainder in specie with the proceed and encrease thereof of all such goods and chattels mentioned in the said Schedule or Inventory as shall be so sold or undisposed of the said M.F. his Executors Administrators or Assigns allowing in the mean time unto the said I. F. his Executors or Administrators all the benefit and advantage of the Wooll Milk and work of the Cattel comprized in the said Schedule hereunto annexed and the use of the other goods comprized in the said Schedule or Inventory for the pains and care of the said I. F. to be taken in and about the selling disposing and keeping of the said goods and chattels or any of them In witnesse c. A Lease of Lands in Barbadoes THis Indenture made c. between R. C. of c. and M. S. of c. witnesseth That the said R. C. for divers good causes and considerations him hereunto especially moving hath demised granted and to farm letten and by these presents doth demise grant and to farm let unto the said M. S. all that his own shâ—â—eâ— part and portion of Land containing in all by estimation forty acres of Land be it more or less scituate and being in c. as the same was lately and now is separated and divided from other Lands now inhabited by the English Merchants and Planters or their assigns and allotted unto the said R.C. for one of his shares of his Adventure with the said Company of the said Islands and now are or late were in the Tenure or Occupation of R. P. or his Assigns and also one Acre of Land being part or parcel of c. lying within c. likewise allotted unto the said R. C. for another share of his Adventure to the said Island the same Acre of Land to be measured and set out in some convenient place of the said share of Land adjoyning upon or near unto the fresh water together with free ingress egress regress way and passage to and for the said M. S. his Executors Servants and Assigns by and through c. at all convenient times and by all fitting and convenient wayes and passages to fetch water from the Springs and Rivulers thereunto adjoyning as need shall require To have and to hold the said share of Land and acres of Land and all other the above demised or meant mentioned or intended to be demised premisses with their and every of their rights members and appurtenances unto the said M.S. his c. from c. for and during the term of c. M.S. his c. yielding and paying therefore yearly and every year during the said term of c. unto the said R.C. his c. the moiety or one half part of all the profits and gains whatsoever which shall yearly be made or raised by or by means of the digging setting planting sowing manuring and imploying the said Lands and premisses above by these presents demised or meant or mentioned to be demised and every or any part thereof or by any other ways or means whatsoever the same to be yearly and every year once or oftner as Shipping may conveniently be had sent into England to and for the use of the said R. C. his Heirs and Assigns for and in full satisfaction and payment of all manner of Rents whatsoever and the said M S. for him his c. doth covenant and grant to and with the said R.C. his c. by these presents in manner and form following that he the said M. S. shall and will once in every year yearly or oftner during the said term hereby granted and as shipping may be conveniently had as aforesaid make and send unto the said R. C. his Heirs or Assigns a just and true account how the same Lands and premisses hereby demised have untill that time been imployed and used and likewise with the same accompt shall and will send and deliver or cause to be delivered unto and for the use and behoof of the said R C. his Heirs and Assigns unto the City of London the said moiety or one half-part of all the encrease profit and gains above by these presents reserved which shall happen to be accrued or risen by the means of the husbanding and employing of the said Lands and premisses by these presents demised and also shall and will from time to time send and deliver together with the said Rent above reserved unto the said R.C. his Executors or Assigns all the other moiety or half-part of all the profits and gains which shall happen to be accruing and arising by means of the said husbanding and imploying of the said Lands and premisses in sort as is aforesaid or so much thereof over and above the said Rent as shall be due and payable by vertue of these presents until the Sum of c. shall be fully satisfied and paid unto the said R. C. his c. which Sum he the said R. C. at and before the ensealing of these presents did disburse and lay out for the furnishing of the said M. S. with implements utensils and other necessaries to be used and imployed in and about the manuring managing and dressing of the said Lands above-mentioned to be demised And further That he the said M. S. his Executors Administrators or Assigns or some of them shall and will from time to time and at all times hereafter during the continuance of this demise in good order of husbandry set sow plant and imploy the Lands and Premisses hereby demised to the best advantage according to the Custom of the Countrey
the one part and E.F. and G.H. of the other part witnesseth That whereas the said A.B. and C.D. by their Indenture bearing date c. made between the said A. B. and C. D. of the one part and the said E.F. and G.H. of the other part did bargain and sell unto the said E.F. and G.H. their Executors Administrators and Assigns all that c. To have and to hold all and singular the said Mannor Messuages Lands c. unto the said E. F and G H. their Executors Administrators and Assigns from the Feast of St. Michael the Arch-Angel last past before the date of the said recited Indenture unto the full end and term of one whole year from thence next ensuing and fully to be compleat and ended yielding and paying therefore unto the said A.B. and C.D. their Heirs and Assigns the Rent or Sum of 5 s. of lawful money of England on the Feast day of the Nativity of St. John Baptist now next ensuing as by the said Indenture may more better appear by vertue whereof and of the Statute for transferring of uses into possession the said E.F. and G.H. were and yet are possessed of the said Mannors Lands Tenements and Hereditaments with all and singular the Premisses with their Appurtenances Now this Indenture further witnesseth That the said A.B. for divers good causes and considerations him thereunto moving and that the said C.D. by expresse direction and appointment of the said A. B. hereby testified have granted released and confirmed and by these presents do grant release and confirm unto the said E.F. and C.H. their Heirs and Assigns all and singular the said Mannors Messuages Lands Tenements Mills Herediments and Premisses before in these presents particularly mentioned or which in and by the said recited Indenture were bargained and sold or meant mentioned or intended to be hereby bargained and sold to them the said E.F. and G.H. as aforesaid with all and every of the Appurtenances together with the said Rent of 5 s. hereby reserved and the reversion and reversions remainder and remainders of all and singular the said Mannors Messuages Lands and Premisses and every of them and every part and parcel thereof and all their and either of their estates right title interest use possession reversions remainders claim and demand whatsoever of in and to the said Mannor Messuages Mills and Premisses and every of them and every part and parcel of them To have and to hold all and singular the said Mannor c. and every of them with all their and every of their appurtenances unto the said E. F. and G. H. their Heirs or Assigns to the several uses intents and purposes hereafter in these presents mentioned that is to say to the use and behoof of the said A.B. during his natural life without impeachment of any waste and with liberty and power to commit any waste and after his decease to the use and behoof of J. B. now Wife of the said A. B. And the said E. F. G. H. and C. D. their Heirs and Assigns for ever upon special trust and confidence that they the said J.B. E.F. and G.H. or the Survivor or Survivors of them and their Heirs shall and will make sale of all the said Lands and Premisses to the best advantage and to dispose of all such Sum and Summes of Money which shall be raised hereby in such manner and to such purposes as the said A.B. shall in his life-time by any writing to be by him subscribed and sealed in the presence of two credible witnesses or more by his last Will and Testament in writing declare or appoint Provided alwayes and it is hereby agreed by and between all the parties to these presents and by them declared to be their true intent and meaning that it shall and may be lawful to and for the said A B. at any time or times during his natural life to make any demise lease or grant demises leases or grants by Indenture or Indentures of all or any part of the said Mannor Messuages c. either in possession or reversion or otherwise to any persons whatsoever or for any term or terms of years or for the life or lives of any one or more person and persons or for any term or terms of years determinable upon the death of any one or more person or persons or for any other term or terms whatsoever with or without any Rent or otherwise howsoever as by the said A.B. shall be thought fit and convenient and that from and immediately after the making of such demise lease or grant demises leases or grants the said E.F. and G H. and their Heirs during the life of the said A.B. and after his death they the said J.A. E.F. G.H. and C.D. and the Survivor or Survivors of them and their heirs shall stand and be seized of such part or so much of the said Mannor Messuages Lands Tenements and Premisses as shall be at any time or times hereafter leased or demised as aforesaid to the use of such person or persons respectively to whom the same or any such demise lease or grant shall be so made of such estate term and interest and in such manner and form as the same shall so happen to be leased or demised according to the true meaning of these presents and of every such demise and lease so that such lessees or grantees during his or their several lease or leases grant or grants or interests do pay or cause to be paid the Rents or Sums of money reserved or appointed to be paid and expressed in and by the Indenture of his or their said lease or grant to such person or persons to whom the same from time to time shall by the purport and true meaning of these presents belong or appertain according to the purport and true meaning of the same leases any thing before in these presents contained to the contrary thereof in any wise notwithstanding Provided also and it is further agreed by and between all the parties to these presents and by them declared to be their true intent and meaning That if the said T.G. shall at any time during his natural life be minded to alter change or make void all or any the use or uses trust or trusts hereby declared or any of them and shall to that purpose by any writing to be by him sealed in the presence of two or more credible witnesses declare and signifie such his mind and intention that then and from thenceforth from and after such signification and declaration so to be made as aforesaid such of the uses and trusts hereby limited of for and concerning the said Lands and Premisses and the profits of them or of or concerning such part and so much thereof concerning which such declaration shall be made shall cease determine and become utterly void frustrate and of none effect and that then and from thenceforth the said E.F. G.H. and their Heirs shall stand and be
other part Whereas the said A.B. and C.D. do hold joyntly for term of certain years yet during and unexpired all that Messuage Tenement or Farm-house called c. situate in B. in the County of c. and all houses edifices buildings barns stables orchards gardens thereunto belonging with their appurtenances and also all those several Closes of arable Land called or known by the name of c. and containing by estimation c. all that great Meadow situate c. containing c. and all those Parcels or Cow-Pasture next adjoyning to c. called c. and containing c. And all that parcel of wood-ground called B. Wood with divers other Parcels with all and singular Profits and Commodities thereunto belonging or appertaining by one Indenture or demise bearing date the c. made between W. L. of c. Gent. of the one part and the said A.B. and C.D. of the other part yielding and paying therefore the yearly Rent of c. at two usual dayes of payment in the year that is to say c. by equal portions And the said A. B. and C D. do thereby covenant to pay the said Rent of c. in manner c. and also for and during the said term to repair the said Messuage and all other the Premisses as also the Hedges Ditches and Mounds belonging to the demised Premisses and at the end of the said Term do Covenant to leave the same well and sufficiently repaired into the hand of the said W. L. his c. as in and by the said Indenture of Demise relation being thereunto had it doth and may more fully and at large appear Now this Indenture witnesseth That the said A.B. and C.D. have with their full and whole consent and by and with the advice and assistance of E.F. of c. and G.H. of c. by them respectively chosen for that purpose made an equal division and partition of the said demised Premisses into two equal parts or moieties to the end intent and purpose that the said A.B. and C.D. and their several and respective Executors c. may have hold occupy possess and enjoy the said equal parts and moity of the said demised Premisses during the remainder of the said term in manner and form following that is to say That he the said A.B. his Executors c. shall and may during the remainder of the said term have hold and enjoy the moity partition or half-part of the said Messuage or Tenement Houses Edifices Buildings Barns Stables Orchards Gardens Lands and Premisses as the same are divided and set apart as aforesaid that is to say all those several Rooms scituate at the West End of the said demised Messuage called by the name of the c. the c. the. c. and all that great Barn scituate at the c. and all that c. so naming every parcel as allotted in full recompence of his due part and portion between them of the said demised Premisses and that the said C.D. his Executors c. shall during the remainder of the said terms have the other moity partition or half-part of the said Messuage or Tenement Houses c. as the same are divided and set apart as aforesaid that is to say all those several Rooms scituate at the East-end of the said Messuages c. as above-named the parcels in full recompence of his due part and portion between them of the said demised Premisses To have and to hold to either of the said parties their Executors c. severally as is abovesaid from the day of the date hereof unto the full end and term of c. And it is covenanted granted and agreed by and between the said Parties That the said yearly Rent of c. to be due to the said W. L. or his Assigns from time to time during the continuance of c. shall be equally paid between them the said A. B. and C.D. their Executors Administrators and Assigns as Tenants of the said demised Messuage and other the Premisses from time to time during the said term either of them for the said part and portion allotted as is aforesaid And the said A.B. for him his c. doth covenant promise and grant to and with the said C.D. his c. to save defend and keep harmlesse and indempnified the said C.D. his Executors c. of and from all prejudice loss or damage which shall happen or come unto him the said C D. his c. for or by reason of any breach of any of the covenants and agreements specified and comprized in the said Indenture of Lease or other things whatsoever which shall or may be had made done committed omitted or suffered by him the said A.B. his c. for or in respect of his said moity or half-part of the demised Premisses or any part thereof And the said C.D. doth for him his c. covenant promise grant and agree to and with the said A.B. his c. ut supra And for the true keeping performance and observation of all and singular the said partitions covenants conditions payments agreements and articles here before expressed either Party bindeth himself his Heirs Executors and Administrators to the other by these presents in the Sum of c. In witnesse c. Judge Cook his Articles which the Chief Constables of every Hundred are to observe and answer unto at the beginning of every Assize viz. IMprimis What Felonies have been done within their Hundred from the Assizes next before against whom and at what time and wherefore and what pursuit hath been made for the Felonies and in whom default of pursuit of Felonies hath been 2. Item what vagrant and suspected persons have been apprehended within that time within their Hundred and what hath been done with them and by whose default any such persons have escaped from apprehension and how the watches have been kept in every Township between the Ascension and Michaelmas 3. Item what Recusants are within their Hundreds and come not to the Church according to the Law 4. Item what decay of Houses Husbandry hath been since the beginning c. within their Hundreds which had twenty Acres of Land Meadow and Pasture to them when decayed and by whom 5. Item what grounds within your Hundreds that have been used to be tilled ordinarily any twelve years since the beginning c. been turned from Tillage to Pasture by whom and when 6. Item How many Ale-houses be in that Hundred and in what places and where they be How many be licensed and by whose licence and how many without licence and who they be and whether punishment have been done to the offendors according to the Statute 7. Item whether such Ale-houses as are licensed do observe the Articles prescribed to them 8. Item who have made any ingrossing fore-stalling or regrating within their Hundred and whereof and where put in ure 9. Item who they be that make Mault to sell of
Corn not being of their own tilth or rent-corn not being licensed thereunto according to the Statute lately made 10. Item To observe and answer how Vagabonds are taken up and punished and to see how the impotent poor are provided for without being suffered to wander abroad for relief out of the Parish 11. Item You shall enquire of what value and sufficiency of estate and discretion the Petty Constable is within every several Town within his County that hereafter no man be admitted to be a Petty-Constable except he be a Subsidy-man and of good understanding 12. Item You shall inquire and present all Masters that shall retain their Servants out of their general Petty-Sessions or give greater Wages than shall be set down by the Justice and whether the Petty Sessions be duly kept at the times accustomed so as none may be retained but in Petty Sessions except it be in cases of necessity and then the said retainer to be known unto the Chief-Constable of the Hundred and to be entred into their Book 13. Item You shall give warning to every Petty Constable that every one in his or their several Parish or limit do take heed that no Cottage be newly builded that every Constable when he shall see any stuffe or stone clay or timber provided by any Inhabitants within his Parish and minded to build a Cottage shall speedily give notice thereof to the Justices of Peace for that limit that the said Justices of the Peace may take present order for the suppressing thereof 14. Item If any Lord or Free-holder out of his private Devotion or otherwise shall build or erect any Cottage not laying thereunto four Acres of Lands according to the Statute then the Justices of the Peace shall take order that the said Lord or Freeholder shall maintain the Poor that shall inhabit in the said Cottage and if the said Lord or Free-holder shall refuse so to be ordered then the said Justices of the Peace shall take Recognizance of such Lord or Free-holder for their appearance at the next Assizes and general Goal-Delivery to answer for his refusal and contempt as for the building of the said Cottage 15. Item You shall make diligent inquiry what unlawful games drunkenness whoredom incontinency evil vile and other disorders be committed by Masters of Housholds in their several Families or by their Children or Servants for want of good government of the Housholders and to present the same for that upon the good ordering of private Families the Commonwealth doth depend 16. Item You shall make diligent inquiry what Servants before the time they were retained to serve were turned out of service and for what cause the Servant is so turned away for that thereby many become Rogues and idle persons and to present the same to the end Masters may be punished for such offence according to their demerit in that behalf 17. Item To inquire of all Purveyors and Poulterers which but any Victuals and sell the same again at unreasonable Rates 18. Item To inquire of all Dove-houses erected or maintained by any not being Lord of the Mannor or Parson of the Town Points of Law by R.O. concerning Lord and Tenant c. 1. IF the Lord take away any part of the Demised Premisses and exclude the Tenants by walls c. it is an extinguishment of his Rent 2. If a Landlord covenant with his Tenant to rebuild any Room and do not whereby the Tenant receiveth loss the Tenant may have an Action upon the Case upon his Parol-covenant wherein he may recover what he can prove himself damnified 3. If the Landlord hath manure lying in the ground of the Tenant and except it not at the Demise the Tenant may dispose the same as he sees cause for his own conveniency for being a place for a manure-hill the Tenants necessity will require use of it and that the Tenants may better and safer dispose it let him mix some of his own manure with it and then he may either sell it or lay it upon what ground he will 4. The Landlord digs a Saw-Pit c. After the ground let it is the Tenants and he may have an Action against any that during that time without his consent meddles with it 5. The Landlord after the Demise lops tops cuts and fells Timber Willows Sallows Thorns and other Wood during the Lease the Landlord cannot without consent of the Tenant meddle with the Woods not being excepted in the Lease 6. The Tenant may cut any Water-boughs Thorns Willows Alders c. for necessary Hedge-boot Fire-boot but not to sell and if he left Ashes 't is an Action of Waste in the Tenant 7. If the Landlord lay Hay in any Room of the Tenant c. and the Tenants Man or Maid or himself fodder his Cattle with it what remedy hath the Landlord against the Tenant and the Tenant against the Landlord An Action lieth against the Lord for laying his Hay there but the property of the Hay there is still notwithstanding in the Landlord and if the Tenant fodder his Cattle with it the Lord hath his Action 8. If a man let a Cow to her and after take her to the Market to sell and do not an Action of Trespasse lieth against the Owner for driving of her to the Market 9. If he 〈…〉 the Cow is letten sell the Cow and render the monâ—◠〈…〉 Owner what danger to him that sold her The Cow is to be returned and not her price and 〈…〉 refuse the price he may bring his Action but shall recover but her worth 10. If the Lord promise to put in repair any houses c. and do not if any of them fall down for want of mending what remedy hath the Landlord against his Tenant for not repairing the same An. If any of these things that the Lord was first to put in repair and did not decay the Tenant is not bound to repair them and if by permission they come to ruine it is the Landlords fault and the Tenant is free 11. If the Landlord promise to fence in a piece of ground where the Tenant is to sow Hemp and Corn and do not but so as the Tenants goods cannot be kept out but destroy his Corn. An Action upon the Case lying against the Lord upon the Promise 12. Cutting up Timber-Trees Fruit-Trees Hedgerow-Trees that shelter the houses are waste the Tenant hath interest in the rest if not excepted 13. A.B. hath his Horse strayed from him and finds him in the custody of C.D. and demands him of C.D. finding him in C.D. his draught and C.D. will not deliver him without 8 d. per week allowance and by delayes detains the Horse till the year be expired A.B. may recover his Horse by Detinue or Action upon the Action of Trover and Conversion wherein he must prove the Property of the Horse to be his and the other will be allowed fitting recompence for his Food but no longer than until he was owned and
become utterly void frustrate and of none effect to all intents constructions and purposes whatsoever and that then and at all times from thenceforth the said J. S. and his Heirs and all and every other person and persons standing and being or which at any time hereafter shall stand and be feized of the said Castle Mannors Lands and Premisses shall stand and be seized of the same or of such part or so much thereof concerning the which any such declaration or publication shall be made as aforesaid to such uses intents trusts and purposes as the said Sir R.C. in or by any such deed or writing as is aforesaid or by any other Deed or writing to be by him the said R.C. sealed and subscribed in the presence of three or more credible witnesses shall declare limit or appoint and for default of such declaration limitation or appointment to the use and behoof of the said Sir R. C. his Heirs and Assigns for ever and to or for none other use intent meaning or purpose whatsoever as in and by the said Indenture amongst divers other Provisoes and things therein contained more plainly and at large it doth and may appear Now know ye That I the said Sir R.C. do by this my present Deed or Writing sealed and subscribed by me the said R. C. in the presence of three credible witnesses declare and publish my mind intent and meaning to be to revoke alter and make void and frustrate and I do by these presents revoke alter and make void and frustrate all and every the use and uses estate and estates trust and trusts in and by the said Indenture declared limited or appointed of for and concerning all and every the Castle Mannors Messuages Lands Tenements Advowsons and all other Hereditaments mentioned contained and specified in the said Indenture with their and every of their appurtenances and of for and concerning every part thereof And I do hereby further declare limit and appoint That the said Castle Mannors Messuages Lands Tenements Advowsons and all other Hereditaments with their appurtenances shall remain and be and that the said J. S. and his Heirs and all and every other Person and Persons standing and being or which at any time hereafter shall stand and be seized of and in the same shall stand and be seized thereof to the use and behoof of me the said Sir R. C. my Heirs and Assigns for ever and to and for none other use intent meaning or purpose whatsoever In witnesse whereof I the said R. C. have hereunto set my Hand and Seal the 28. day of February in the year of our Lord God according to the computation used in England 1651. An Indenture of Co-partnership between four Merchants THis Indenture Quadriparâ—ite made the c. between R. B. Citizen and Goldsmith of London of the first part W. C. Citizen and Goldsmith of London of the second part T. B. Citizen and Goldsmith of London of the third part and T. L. of London Merchant-Adventurer late Servant of the said R.B. on the fourth part witnesseth That the said R.B. W.C. T.B. and T.L. in consideration of the fidelity trust confidence and good opinion which every one of them alwayes hath had and yet hath and reposeth in every other of them have joyned themselves to be Co-partners together in the Trade of Merchandizing that is to say in buying selling uttering vending or retailing of all sort and kinds of wares and all other kinds of businesses to the Trade of a Merchant incident belonging or appertaining and the said Co-partnership to continue between them from the first day of this instant Month of March for and during the term and space of three whole years from thence next ensuing and fully to be compleat and ended And to that end and purpose they the said R.B. W.C. T.L. and T.B. have before the day of the date of these presents delivered into stock to be used and imployed in the said Trade of Merchandizing as well within the Territories of England as elsewhere in several places in the Parts beyond the Seas in Money Cloth Wares Debts Merchandizes Adventures abroad and here in England Adventures now already upon the Seas and beyond the Seas such several stock and stocks and Sum and Sums of Money as are specified and expressed in a Schedule indented to these presents annexed of the particular and proper Stock severally put in and severally belonging to each one of the said several parties for their several quantity and proportion being in the said Schedule severally set down mentioned and declared as by the same more fully and plainly it doth and may appear It is now covenanted granted concluded condescended and fully agreed by and between all the said Parties to these presents and each one of the said several Parties for himself respectively and for his own particular part and for his own several and particular Executors and Administrators do and doth severally and not joyntly covenant grant promise and agree to and with every and each other of the said Parties his and their several Executors and Administrators by these presents in manner and form following that is to say That every and each of the said Parties for himself during and by all the said space of three years if all the said Parties shall so long live shall continue and abide together as joynt-Occupiers and Partners and that every and each of the said Parties shall from time to time during and by all the said term if they shall so long live do their and every of their reasonable endeavours and diligence by all the ways labours and means that each of them can or possibly may to the uttermost of their power wit cunning and knowledge and for the most benefit profit and advantage of every and each other faithfully and truly imploy buy sell and merchandize with all such and so much of the said whole stock as shall in all manner of wise come to be committed to each one of their several charge dispositions and government and the gains and encrease of every such part And it is the true intent and meaning of all the said Parties to these presents That the said W. C. shall manage the businesse and affairs for c. in the Parts of Spain during the good liking of the said R.B. and there for the most part reside and have his continuance and being the said T. L. to manage the businesse and affairs for Stoade Germany and those Parts during the good liking of the said R.B. and there be for the most part to reside and have his continuance and being and the said R.B. and B.T. to manage the businesse and affairs for England And it is covenanted granted and agreed by and between all and every the said Parties to these presents That all such gain profit and encrease as God shall send and as shall come grow or arise by reason of their said Trade and joynt-occupying as is aforesaid shall be from time
Survivor of them shall take receive levy possesse use and enjoy the Rents Issues Profits Revenues Commodities and Emoluments of all and singular the said Lordships Mannors Lands Tenements and Hereditaments and other the Premisses with the Appurtenances and the same employ during such minority or minorities as is aforesaid for and towards the performance payment and satisfaction of all the Legacies and Bequests of money Annuities for years and Debts of the said V. to be mentioned in the Testament and last Will of the said V. according to the tenor purport and true meaning of the said V. in his said Testament and last Will to be declared and to the use and intent that the said Feoffees and the Survivor and Survivors of them and their Heirs shall with the Profits Revenues Commodities Issues and Emoluments coming growing and arising of and in all and singular the said Lordships Mannors Lands Tenements and Hereditaments bestow disburse and expend from time to time the competent and necessary Charges in the Law and otherwise for the defence and maintenance of the possession and title of all and singular the Premisses and every or any part thereof and for the Reparation and defence of the Buildings Edifices Houses and Sea-walls in and upon the Premisses or any part thereof from time to time necessary meet and convenient to be disbursed and expended untill such time as the said Legacies debts and bequests of the said V. to be mentioned in his Testament shall be performed and untill some heir of the said V. shall have accomplished the full age of 21 years and after satisfaction of the said Legacies debts and Annuities and for the surplusage that shall surmount the same Debts Legacies and Annuities and other the charges aforesaid satisfied to the use and intent that the said A. L G. c. shall imploy and suffer the Premisses and surplusage thereof to go remain and come to the use profit and benefit of the heirs of the said V. And after the heirs of the said V. shall accomplish the full age of c. that then the said A. L G. c. and their heirs shall stand and be seized of and in all and singular the said Mannors c. to the use of the said R. D. and the heirs males of his body lawfully begotten and for default of such heirs males of the said R.D. lawfully begotten to the use and behoof of the said W. D. second Son of the said V. and the heirs males of his body lawfully begotten and for default of such heirs males of the body of the said W. D. lawfully begotten and to be begotten to the use and behoof of the heirs males of the said V. lawfully begotten and for default of such heir to the use of the heirs of the body of the said V. and for default of such issue to the use of the right heir of the said R. for ever Provided alwayes and it is the true meaning use and intent of these presents That if the said V. at any time hereafter during his life-time shall demise grant or lease the said Mannors Lands Tenements and Hereditaments aforesaid and other the Premisses by these presents granted or assured or any part or parcel thereof by his deed indented under his seal and with subscription of his name with his own proper hand for term of any year or years life or lives that then and immediately from after every such lease demise or grant or such leases demises or grants so to be made by the said V. the said A. L. G. c. and their heirs shall stand and be seized of and in the said Mannor c. so to be leased or granted To the use and behoof of the same Lessees or Grantees and every of them and of their several executors administrators and Assigns during the terms and space mentioned in the said several leases grants and demises so to be made according to the tenour form and effect of the same lease grant or demise leases grants or demises so that the yearly Rent or Rents mentioned or reserved by the said V. in such Lease Demise or Grant Leases Demises or Grants be yearly paid to the said V. during his natural life and after his decease to such person or persons as by the proper and true meaning of these presents ought to have the Reversion or Remainder Reversions or Remainders of the Lands Tenements or Hereditaments so to be leased or granted within the space of Twenty dayes next after reasonable request to be made for the payment thereof And so that the same Lessees or Grantees their Executors Administrators and Assigns do well and truly perform the conditions to be comprized in the Indenture or Indentures of their said several Demises or Grants according to the effect and true meaning of the same Indenture or Indentures And that the said A. L. G. c. shall stand and be seized of the Reversion and Remainder the Reversions and Remainders of the Mannors Lands Tenements and Hereditaments so to be sealed or granted and after the determination thereof Then also of the same Mannors Lands Tenements or Hereditaments so to be leased or granted to such uses and intents as they the said L G. c. should have stood or been thereof seized by the purport and true meaning of these presents if any such Lease or Grant had been thereof made and that of and for such estate and estates in such order and degree with the same Remainders and in such manner and form to all intents and purposes as they should have stood or been thereof seized by the purport and true meaning of these presents if no such Lease or Grant had been thereof had or made here followeth a Letter of Atturney for Livery of Seizin to the Feoffees c. and then a Proviso That if the said V. by his writing signed and sealed in the presence of 3 witnesses shall repeal frustrate and determine or declare to be determined all or any the uses aforesaid of or from the premisses or any part thereof that then and from thenceforth the said uses so to be determined or declared to be repealed for all such Lands and the uses thereof so to de declared determined shall be void and of none effect and that then the Feoffees shall thereof stand seized to the use and behalf of the said V. and his Heirs Then followeth a Covenant on the said V. S. part That if the estate of the premisses be not effectually conveyed him by force of from this Grant to the said Feoffees to the uses before-specified on this side the last day of c. next coming that then and from thenceforth the said V. and his heirs and all others to be seized of the premisses so not sufficiently conveyed shall be thereof seized to the uses above-specified and to such uses and with such Remainder as the said Feoffees or the Survivor of them should have stood seized thereof by the purport of
these presents in case the estate thereof had been perfectly assured unto them or any of them according to the true meaning of these presents In witnesse whereof as well the said V. as the Feoffees have put c. Memorandum of the Seizin executed with the Tenants of one of the said Mannors Atturnment MEmorandum That the sixteenth day of c. Livery of Seizin was delivered and given by W. W. one of the Atturneys mentioned in the Indenture hereunto annexed of in and upon the Lands of the Farm of O. parcel of the Mannor of T mentioned in the said Indenture and also of in and upon the Mannor-house and demesne-Lands of T. by the assent of J. P. Lessee for years of the same saving his term and also of in and upon the Coppice-woods called T. P. to R. B. one of the Feoffees contained in the said Indenture according to the tenour purport and intent mentioned in the said Indenture and for and in the name of the said Mannors of T. and all other the Lands Tenements and Hereditaments mentioned in the said Indenture scituate and being within the said C. and in the name and behalf of all the Feoffees mentioned in the said Indenture And the Tenants of the said Mannor whose names are immediately under-written at the same execution hearing the Indenture read did atturn and fully assent to the same according to the tenour purport intent and uses in the same Indenture mentioned An Indenture for the equal division of Goods where there are four Administrators together they bearing and allowing me with another equal parts of Charges in Law in getting in the same and like parts of all recovered against them THis Indenture Quadripartite made between J. C. of c. on the first part W. C. of c. of the second part c. Whereas the said J. C. and A. his Wife W. C. and A. his wife H. H. and H. his wife and N. C. and E. his wife in the right of the same their wives together with J. H. brother of their said wives have had and taken upon them the Administration of the Goods and Chattels of C. W. widow deceased late the wife of J. W. late of L. Dyer deceased And whereas also so much of the goods chartels and debts which were of the said C. as are already come to his hands are divided into five several parts whereof every of the said J. C. W. C. H. H. and N. C. in the right of their said wives and also the said J. H. have severally had and taken their several parts of the same and now are thereof severally possessed Now this Indenture witnesseth That it is covenanted granted and agreed between the said Parties and the said J. W. H. and N. for themselves and their said wives and for their Executors and Administrators and for the Executors and Administrators of every of them do severally covenant grant and agree every of them with the other by these Indentures in manner and form following viz. That all the residue of the goods chattels and debts which were of the said C. in possession or in right which at any time or times hereafter shall come to the hands of any of the said Parties or of the Executors or Administrators of any of them shall be divided and parted into 5. equal parts as aforesaid from time to time as the same shall happen to come to the hand of any of them whereof the said J. H. to have one part of the said five parts and that then the other four parts thereof shall from time to time be equally divided betwixt the said J. W. H. and N. and their several Executors and Administrators without benefit of Survivorship by any means to grow to such of the said Parties or their wives as shall fortune to survive And it is further covenanted betwixt the said Parties in form aforesaid severally That if any Action or Sute be now depending or hereafter shall be commenced against the said Administrators of the said C. W. or any of them for any thing wherewith they shall be chargeable in the Law by reason of the said administration by them taken as aforesaid That then in every such case the said J. W. H. and N. their Executors and Administrators and every of them severally for his own part upon notice and request made and given by any one of them to the other or by any of their Executors or Administrators shall bear and pay one equal fourth part of all charges and expences to be laid out in the defence of any such Sute and one like fourth part in execution and to the satisfaction of any Judgment and Recovery which shall happen to be given or had against them or any of them in any such Sure or Action as aforesaid And that they the said J. W. H. and N. their said Wives their Executors or Administrators and the Executors or Administrators of every of them severally for their own part upon like reasonable request shall and will do knowledge and suffer in the Law towards the other of them all and every thing and things which from time to time shall be requisite or needful to accomplish and perform their Accord Covenant and Agreements made amongst them by these presents according to the purport and true meaning of the same And moreover That they the said Parties their Executors and Administrators and every of them upon like request as aforesaid shall notifie expresse and truly declare from time to time to the other all such goods chattels and debts whatsoever which were of the said C. and which they shall know and understand to be in any place or custody and not parted distributed severed and divided according to the tenor and effect of these presents to the intent every of them may have his or their equal parts thereof according to the tenour of these presents without fraud or coven And that for recovery of any debts goods and chattels which were of the said O. to be had and recovered to and for the use of the said Parties their Executors and Administrators and of the said J. H. and in manner and form aforesaid They and every of them shall for their equal four parts bear and sustain one equal fourth part of all costs and charges in and about all and every the said Recovery and Recoveries to be born and sustained from time to time as shall be needful and reasonable And it is further covenanted granted and agreed betwixt the said Parties the said Parties and every of them do also for them their Executors and Administrators severally covenant and grant to and with the other by these presents That if it fortune the said J. H. do dye intestate by reason whereof any of the goods chattels money plate or jewels of the said J. shall grow or come by reason of Law unto the said Parties or their wives or any of them that then the Survivor or Survivors of the said Parties or their said
wives their Executors or Administrators to whom any such the goods chattels money plate or jewels shall fortune to grow or come shall divide the same into four equal and several parts and shall retain to his or their use one part thereof and the other three parts shall be severally delivered unto the other three parties to these Indentures to their several Executors or Administrators equally within two moneths after they shall fortune to have or come by the possession of any such goods chattels plate jewels money c. In witnesse c. A Defeazance upon a Statute excellently well penn'd it being for the payment of Two thousand pounds at the end of six moneths and of 200 l. per annum during life THis Indenture made the c. day of c. in the c. of our Lord God c. between B. P. of London Widow of the one part and W. P. of London aforesaid Esquire Son unto the said B. of the other part Whereas the said W. P. hath lately sold and conveyed the Mannor of L. in the County of W. and divers Lands thereunto belonging unto Sir W. P. Knight and the said B. P. hath joyned with him the said W. L. in the Fine thereof levied part of which said Mannor and Lands of the value of 200 l. per annum were heretofore setled and assured upon her the said B. for her life for her Joynture by W. P. Esquire deceased her late Husband and whereas the said W. P. is indebted to the said B. the Sum of Two thousand pounds of lawful money of England which hath remained in his hands for some years last past and by agreements between them the said W. P. hath hitherto paid the Sum of 200 l. per annum as interest or consideration for forbearance of the said Money and is still to pay the like Sum so long as the 2000 l. shall remain in his hand And whereas also the said W. P. by one Recognizance or Writing Obligatory of the nature of a Statute of the Staple bearing date the first day of this instant Moneth of April taken and acknowledged before Sir J. B. Knight Lord Chief Justice of the Court of Kings Bench at Westminster according to the form of the Statute in that case made and provided for the recovery of debts standeth bound unto the said B. P. in five thousand pounds of lawfull money of England payable as by the said recited recognizance or writing obligatory more plainly may appear Now this Indenture witnesseth that the said B. P. is contented and pleased and doth for her self her Executors and Administrators covenant promise grant and agree to with the said W. P. his heirs Executors Administrators and Assigns and to and with every of them by these presents That if the said W. P. his Heirs Executors Administrators or Assigns or any of them do pay or cause to be paid to the said B. P. or her Assigns the sum of 200 l. of lawfull money of England yearly for and during the natural life of her the said B. at two usual Feasts or terms in the year that is to say the Feasts of St. Michael the Arch-angel and the Annunciation of the blessed Virgin Mary by even and equal portions or within one and twenty dayes next after either of the said Feasts the first payment thereof to begin at the Feast of c. now next ensuing or within 21 dayes next after the said Feast And likewise if the said W. P. his Heirs Executors or Administrators or any of them do and shall well and truly pay or cause to be paid to the said B. P. her Executors or Administrators or Assigns the sum of two thousand pounds of lawfull money of England within six months next after notice or warning given to that purpose to the said W. P. his Heirs Executors or Administrators by any writing to be subscribed and sealed by the said B. P. her Executors or Administrators in the presence of two credible witnesses or more and shall in the mean time until the payment of the said 200 l. pay or cause to be paid unto the said B. her Executors Administrators or Assigns after the rate of One hundred pounds per annum according to the Agreement aforesaid the same to be paid by 50 l. every half-year and the first payment thereof to be made on the Feast-day of c. or within one and twenty dayes next after the said Feast now next ensuing the date thereof that then the said recited recognizance or writing obligatory shall be void and of none effect or else the said W. P. for him his Heirs Executors and Administrators covenanteth willeth and granteth by these presents that the said recognizance or writing obligatory shall stand and remain in full force and vertue An Assignment of a Statute by an executor to two of the Creditors of the Testator in lieu and satisfaction of their Debts of the same value singularly well draâ—n THis Indenture made c. between I C. of the Inner-Temple London Esquire Son and Administrator of the Goods and Chattels of W. C. late Citizen and Scrivener of London Deceased of the one part and M. W. of London Widow and H. I. of London Gentleman of the other part Whereas the said W. C. at the time of his death stood indebted unto the said M. W. in the Sum of 100 l. principal debt and to the said H. I. in the sum of 200 l. principal debt besides interest of the said debts And whereas Sir T. P. of N. in the C. of D. Knight in and by one recognizance or statute in the nature of a statute-staple bearing date the 20 day of July in the ninth year of the Reign of the late King Charles and made according to the Statute made and proceed for recovery of debts taken and knowledged before Sir R. H. Knight then Lord Chief Justice of his Majesties Court of Common-Pleas at Westminster is and standeth bound unto the said W. C in the sum of six hundred pounds of lawfull money of England payable at the Feast of Saint James the Apostle then next ensuing as by the said Statute more at large appeareth Now this Indenture witnesseth that the said J. C. for and towards the payment and satisfaction of the said debts due unto the said M. W. and H. I. hath given granted assigned and set over unto the said M. W. and H. I. their Executors Administrators and Assigns the said Recognizance or Statute and all his right and interest therein and all actions extents and executions to be had and prosecuted upon the same in as large and ample manner and form as he the said J. C. hath or at any time hereafter may or might have by force of the said Statute And further the said J. C. doth by these presents constiture authorize and make the said M. W. and H. I. his true and irrevocable lawful Atturney and Atturneys joyntly and severally to sâ—e prosecute all manner
of c. Esquire and Dector in Divinity of the one part and S.M. and C.D. of c. in the County of c. Gentleman of the other part Whereas the said W.S. by Indenture bearing date the c. day of this instant moneth of c. for the consideration therein expressed did bargain and sell unto the said S M. and C.D. all those lands tenements and hereditaments with their and every of their appurtenances commonly called or known by the Name of c. containing by estimation six hundred and thirty acres be the same more or lesse scituate lying and being in the Towns Villages and Hamlets of T. and M. in the said County of c. or one of them together with all other lands tenements and hereditaments hereofore of Sir S.W. deceased and now or late of the said S.W. that are scituate lying and being in the Towns Villages and Hamlets of G. and S. aforesaid or either of them and also the reversion reversions remainder remainders of the said lands tenements and premisses and every part thereof To have and to hold the said lands tenements and premisses with the appurtenances unto the said S.M. and C.D. their Executors Administrators and Assigns from the day next before the date of the said recited Indenture unto the end and term of one year from thence next following To the intent that by vertue thereof and of the statute for transferring uses into possession the said S.M. and C. D. might be in the actual possession of the said lands tenements and premisses and be enabled to accept of and take a grant and release of the reversion and inheritance thereof to them and their Heirs to the use of them their Heirs and Assigns for ever as by the said recited Indenture more at large appeareth Now this Indenture witnesseth that the said S.W. as well for and in consideration of the sum of c. of lawfull money of England paid and secured to be paid by the said S. M. and C. D. to several persons by the direction and appointment of the said S. W. and for some of his debts wherewith the said lands and premisses stood charged and lyable That is to say three thousand pounds part thereof to F.R. Esquire and C. I. Citizen and Mercer of London in satisfaction and discharge of the money due to them by and upon a grant and conveyance thereof heretofore made of the said lands and premisses by the said W.S. and R.I. Esquire to the said F. R. and C.I. and their Heirs and c. residue of the said sum of c to Sir C.C. and Sir P.E. in satisfaction and discharge of their right and estate which they had of and in the premisses by a grant and conveyance of the said S.W. before this time made to them and their Heirs As also in consideration of a competent sum of money by the said S. M. and C. D. to the said S. W. in hand paid whereof he doth hereby acknowledge the receipt hath granted remised released and confirmed and doth by these presents grant remise release and confirm unto the said S. M. and C. D. in their actual possession now being by vertue of the said recited Indenture of bargain and sale made to them of a year and of the said statute and to their Heirs and Assigns the aforesaid lands tenements hereditaments and premisses with the appurtenances and all the estate right title interest claim and demand whatsoever of the said S.W. of in and to the same and every part thereof and the reversion and reversions remaiâ—dâ—r and remainders thereof and of every part thereof To have and to hold the said lands tenements hereditaments and premisses with the appurtenances unto the said S.M. and C.D. their Heirs and Assigns for ever to the onely use and behoof of the said S.M. and C.D. their Heirs and Assigns for ever And the said S.W. for himself his Heirs Executors Administrators and Assigns doth covenant and grant to and with the said S. M. and C. D. their Heirs and Assigns by these presents in manner and form following that is to say that the said S.M. and C.D. their Heirs Assigns shall and may from time to time and at all times for ever hereafter peaceably and quietly have hold and enjoy the aforesaid lands tenements and premisses with the appurtenances before herein mentioned to be granted without any let trouble molestation or interruption of the said S.W. or of his Heirs or of any other person or persons whatsoever having or lawfully claiming to have any estate right title interest term claim or demand of in and to the same and every or any part thereof and that freed acquitted and discharged or well and sufficiently saved and kept harmless by the said S.W. his Heirs Exeâ—utors Administrators and Assigns of and from all former and other grants bargains sales feoffements mortgages joyntures dowers leases estates Statutes-Merchant and of the staple recognizances judgements executions post-fines issues amerciaments rent-charge and seck all arrerages of rents and of and from all other titles troubles charges and incumbrances whatsoever had made committed suffered or done by the said S.W. or by any other person or persons whatsoever except one conditional grant of the premisses heretofore made by the said W.S. and B.I. Esquire to F.R. Esquire and C.I. Citizen and Grocer of London their Heirs and Assigns by way of Mort-gage for security of payment of a sum of money therein mentioned And also that the said S.W. Sir C.C. and Dame E. his wife and S.W. Esquire and C. his wife the said C. and E. being sisters and coheirs of S.C. Esquire deceased their Heirs and Assigns and all and every other person and persons having or lawfully claiming to have any estate right title interest clame or demand of in or to the said Lands Tenements and Premisses hereby granted or any part thereof shall and will from time to time and at all times hereafter at the reasonable request and at the Costs and Charges in the Law of the said S.M. and C.D. their Heirs and Assigns make do acknowledge levy suffer and execute and cause and suffer to be made done acknowledged levyed suffered and executed all and every such other and further acts things devices and assurances in the Law whatsoever of the said Lands Tenements and Premisses before herein mentioned to be granted with the appurtenances unto the said S.M. and C.D. their Heirs and Assigns be it by fine feoffment deed or deeds enrolled or not enrolled recovery with voucher or vouchers over release and confirmation or by all or any of them or by any other reasonable assurance in the Law as by the Council learned in the Law of the said SM and C. D their Heirs or Assigns shall be reasonably deyâ—sed or advised and required the which said further assurance and assurances so to be had and made shall be and shall endure to the only use and behoof of the said S.M. and C.D.
said W. F. his heirs and assigns into the said premisses to re-enter and the same to have again as in and by the said recited Indenture c. appeareth And whereas the said W. F did not pay nor cause the said Sum of 50 l. to be paid neither is the same yet paid unto the said T. F. according to the Proviso or Condition in the said recited Indenture of Lease mentioned by reason whereof all the said Messuage and Premisses became absolutely forfeited unto the said T. F. for all the said term of 500 years in the said recited Indenture mentioned Now these presents witness That the said R. F. being Son and Heir of the said W.F. deceased for and in consideration of the Sum of 28 l. more of currant money of E. to him in hand paid c. and for other good causes and considerations him moving hath and hereby doth absolutely grant ratifie and confirm the aforesaid Lease and all the Estate and term for years therein and thereby demised and granted or mentioned to be demised and granted And also doth hereby fully and absolutely release the said Condition and assure all and every Condition and Conditions whatsoever in the said recited Indenture of Lease contained And also the said R.F. for the consideration aforesaid doth hereby grant demise confirm and unto the said T.F. his Executors Administrators and Assigns the aforesaid Messuages or Tenement Cottage Closes Lands and all other the premisses for all the foresaid term and number of 500 years by the said recited Indenture of Lease demised or thereby mentioned to be demised and doth also hereby grant and release unto the said T. F. his Executors and Assigns the aforesaid yearly Rent of 1 l. by the said recited Indenture reserved and all the arrerages thereof To have and to hold all the said Messuage or Tenement Cottages Closes Lands and all other the premisses with their and every of their appurtenances in the said recited Indenture mentioned and the said yearly rent unto the said T.F. his Executors Administrators and Assigns for and during all the rest and residue of the said term and number of 500 years in the said recited Indenture of Lease mentioned and now to come and unexpired freely and absolutely without any Proviso or Condition whatsoever Cum Covenantis proprecata fruitione ab Incumbram ulterior Assurand In witnesse whereof c. An Indenture upon Marriage and for setling Lands to uses and a Declaration of a Fine lovied to those uses THis Indenture made c. between J. S. Esq second Son of the Right Honourable H E. of W. on the one part and A. Lady D. of c. and Sir T. W. of c. on the other part Whereas the said E. and A. his wife Recital of being seized in the County of W. are now seized for the term of their lives and for the life of the longer liver of them of and in all that the Mannor of G. and the Lands Tenements and Hereditaments called C. P. and of the Burrough of C. and of the Advowson and free gift of the Parsonage of the Church of C. with all and singular the rights members and appurtenances thereof in the C. of D. and of divers Messuages Lands Tenements Rents Woods Wood grounds and hereditaments to the said Mannor and premisses belonging or appertaining without Impeachment of wast the Reversion or Remainder thereof to the said J. S. and the heirs of the body of the said J. S. lawfully to be begotten And for want of such Issue the Remainder to the right heirs of the body of the said E. and C. And for want of Heirs issuing of the body of the said E. and C. the Remainder then to the right and next heirs of the said C. for ever Recital of the Marriage And whereas there is a Mareiage by Gods Grace intended shortly to be had and solemnized between E. Lord H. Son and heir apparent of the said E. and C. and E.D. sole Daughter of the said A. Lady D. they the said E. and C. and the said J. S. for settling of the Inheritance of the said M. and premisses to the uses hereafter expressed and declared have this present time of the holy Trinity in the year above-said acknowledged and levied one Fine in due form of Law before his Majesties Justices of his Court of Common-Pleas at Westminster Recital of the Fine unto the said A. Lady D. and Sir T.W. and to the heirs of the said A. Lady D. amongst other Mannors Lands Tenements and Hereditaments in the said Fine contained of and for all that the said Mannor of C with the appurtenances And of all Lands Tenements Meadows Pastures Feedings Commons Woods Wood-grounds Wasts Moors Heaths Liberties Franchises Jurisdictions Advowsons Presentations Emoluments and Hereditaments whatsoever to the said Mannor and premisses or any part or parcel thereof belonging or appertaining or accepted reputed taken known or demised letten used occupied or enjoyed as part parcel or member thereof or any part thereof And whereas the said E. and C. by Indenture tripartite under their Hands and Seals dared with these presents have expressed and declared that the said Fine so levied of and for the said Mannor of C. and premisses herein contained should be and enure to the use and behoof of them the said E and C. for and during the term of their two lives and the life of the longer liver of them without Impeachment of or for any manner of wast and from and after their decease and of the Survivor of them the remainder thereof to the use of the said E. Lord H. during the term of his natural life and from and after hiâ— decease the Remainder thereof to the Heirs males of the body of the said E. Lord H. to be begotten on the body of the said E. the remainder thereof to the right heirs of the said C. as by the said Fine and recited Indenture purporting and declaring the use aforesaid it doth and may appear Now this Indenture witnesseth Intention of Parties and it is hereby covenanted concluded declared and agreed by and between all the parties to these presents and the true intent and meaning of the said J S. and of all the parties to these presents and to the said Fine at the time of levying thereof for and concerning the said Mannor of C. with the rights members and appurtenances thereof was and now is that the said Fine should be and enure and hereby and by all the parties to these presents is declared and expressed to be and enure and the Cognizees of the said Fine and their heirs shall stand and be seized of the said Mannor of C. with the rights members and appurtenances thereof To the uses intents and purposes hereafter expressed limited and declared that is to say The Uses To the use and behoof of them the said E. and C. for and during their two lives and the life of the longer liver of them
without Impeachment of any manner of wast And from and after their decease and of the Survivor of them the Remainder thereof to the use of the said E. Lord H. Son and Heir apparent of the said E. for and during the term of his natural life And from and after his decease the Remainder thereof to the heirs males of the body of the said E. Lord H. to be begotten on the said E. D. his intended Wife and in default of such heirs males then to the use of the heirs of the body of the said E. Lord H. to be begotten on the body of the said E. D. the Remainder thereof to the right heirs of the said C. and to none other use intent or purpose Provided alwayes Provise to make Leases and the true intent and meaning of all the parties to these presents is and was at the time of levying the said Fine That it shall and may be lawful to and for the said E. and C. during their joynt lives and for the Survivor of them at all times and from time to time to make any lease or leases of all or any of the said Mannor and Premisses or any part or parcel thereof to any person or persons for 21 years in possession or under or for three lives in possession or under and not otherwise or in other manner so as upon every such Lease so to be made the usual and old accustomed Rent or more be reserved and appointed to be payable yearly during the said term or terms to such person or persons as by force of these presents or of the said Fine or recited Indencure or any of them shall or ought after the decease of the said E. and C. to have the immediate Reversion or Remainder thereof In witnesse whereof c. A Declaration of the use of a Fine and Recovery THis Indenture made c. between the Right Honourable T. L. W. on the one part and the Right Honourable W. L. P. Sir N. F. and T. A. on the other part VVhereas The recital of the Fine and Recovery c. reciting a Fine and Recovery suffered in the Term of c. of these Mannors c. by the name or names of c. Now this Indenture witnesseth That the true intent and meaning of the said L. Lord W. and of the said Recoveror and of all the parties to the said Recovery and every of them and to these presents before and at the several and respective times of the suffering of the said Recovery for touching and concerning the said Mannors Lands Tenements Hereditaments and premisses and every of them The intent of the Parties at the execution of such Fine and Recovery whereof the said Recovery was suffered and had alwayes was and now is That the said Recovery should and shall be and enure and be construed adjudged deemed and taken to be and enure and that the said Recoverors and every of them and all the parties to the same and the party-takers thereby and their heirs and all and every other person or persons and his and their heirs who then were or now are or hereafter shall be seized of the said Mannors Lands Tenements Hereditaments and premisses or of any part thereof or any of them should and shall stand and be seized of the same Mannors Lands Tenements Hereditaments and premisses and every parcel thereof with the appurtenances to the uses purposes and intents and under the Provisions Conditions and Limitations hereafter in these presents expressed specified limited and declared and to no other use intent or purpose And the said T. Lord W. doth hereby limit The Uses express declare and appoint that all the same Mannors Lands Tenements Hereditaments and premisses shall be and remain to the several uses purposes and intents hereafter in these presents expressed that is to say to the use and behoof of the said T. Lord W. and his Assigns for and during the term of his natural life without Impeachment of or for any manner of waste and from and afteâ— the decease of the said T. Lord W. then to the use of the said W. Lord P. Sir N. F. and T. V. their Heirs and Assigns for everâ— for and to this intent and purpose that they the said c. and the heirs and the Survivor and Survivors of them aâ— his and their heirs For payment of Debts shall and will bargain sell oâ— otherwise dispose of the same for and towards tâ— payment satisfaction and discharge of such Deâ—â— and Sums of money as the said T. Lord W. doth now owe 〈◊〉 which he shall owe at the time of his death to any person or persons and for the discharging of such person and persons as do noâ— stand or which at the time of the death of the said T. Lord W. shalâ— stand bound or engaged for or with the said T. Lord W. for the samâ— debts or sums of money or any of them and also for the satisfaction payment discharge of all such sum or sums which the said T. Lord W. hath or hereafter shall take up borrow or receive for 〈◊〉 consideration of which he hath heretofore granted or hereafter shall grant any Annuity or Annuities Rent or Rents-charge issuing or to be issuing or payable out of the same Mannors Lands Tenements Hereditaments and premisses or any of them or out of any of the Mannors Lands Tenements or Hereditaments of the said T. Lord W. in the Territories of England whereby the same Rent or Rents-charge shall and may be determined And also for and towards the payment and discharge of the Funeral charges and expences of the said T. Lord W. and of the Legacies and bequests which the said T. And Legacies Lord W. by his last Will and Testament in writing to be sealed subscribed and published by him before three sufficient witnesses shall give and bequeath to any person or persons or to any use or uses or so much of such sum and summes of money debts Funeral expences and Legacies as the value of the said Mannors Lands and Tenements to be sold as aforesaid shall amount unto The disposal of the over-plus And that if any over-plus shall be of the value of the same Mannors Lands Tenements Hereditaments and premisses more than shall be or will be sufficient to satisfie and discharge all the same debts sums of money funeral charges Legacies and bequests that then the said c. their Heirs Executors or Administrators shall and will pay and deliver the same over-plus which shall remain of the Sale or value of the said Mannors Lands Tenements Hereditaments and premisses unto such person or persons to whom the said Lord W. shall by his last Will in writing in presence of two witnesses at least appoint the said Lands and premisses to come after his death And further upon this trust and confidence reposed in the said c. and their heirs that if the said person to whom the premisses
and written out at the costs and charges of the said Sir R. D. his heirs and assigns All which said Writings and Evidences the said R. H. doth hereby covenant for him his heirs and assigns to and with the said Sir R. D. his heirs and assigns to deliver unto him the said Sir R. D. his heirs or assigns at or before the Feast of St. J. the Apostle next ensuing the date hereof safe whole uncancelled and undefaced To have and to hold the said Mannor or Lordship Advowson Rectory Chantrey Messuages Tenements Farm Lands Meadows Pastures Hereditaments and all other the premisses with their and every of their appurtenances unto the said Sir R. D. his heirs and assigns to the only c. And the said R. H. for himself c. doth Covenant c. That he the said R. H. now is and at the time of the first executing of an estate of the said Mannor and premisses by force of these presents unto the said Sir R. D. shall be lawfully and absolutely seized in his Demesne Seized in see-simple as of Fee-simple to him and his heirs of and in the said Mannor Messuages Lands Tenements Advowson Hereditaments and Premisses with their appurtenances without any manner of Condition or Limitation of any Use of Uses to alter change determine or make void the same and without any Reversion or Remainder thereof or of any part thereof in his Kings Majesty his Heirs or Successors being made or limited by the said R. H. or I. H. his Uncle deceased whose heir the said R. H. now is And that he now hath and then shall have good right full power and lawful Power to Alien and lawful and absolute authority to grant bargain sell and convey the said Mannor Lands and all other the premisses with the appurtenances unto the said Sir R. D. his heirs and assigns according to the true intent and meaning of these presents notwithstanding any Act had made done or suffered by the said R. H. or the said I. H. his said Uncle or either of them And that the said Mannor Messuages Lands Advowson and all other the premisses with their and every of their appurtenance Freed from Incumbrances now are and so shall and may for ever hereafter remain continue and be unto the said Sir R. D. his heirs and assigns free and freely and clear and clearly acquitted exonerated and discharged of and from all and all manner of former and other Gifts Grants Leases Joyntures Dowers Uses Wills Intails Annuities Statutes-Merchant and of the Staple Recognizances Bonds Judgements Executions Extents Seizures Condemnations Rents arrerages of rents Intrusions Forfeitures Mortgages Fines for Alienation without licence Debts of Record Debts to his Majesties Estate Tithes Troubles Charges and Incumbrances whatsoever had made committed done or suffered by him the said R. H. or by his Assent Consent Act means or procurement or by J. H. his said Uncle or either of them An Exception of Leases One Lease for the term of 20 years to be accounted from the Feast of the Annuntiation of of our Lady St. Mary the Virgin in the year of our Lord God c. of parcell of the premisses made by the said R. H. to one I. D. wherein the yearly rent of Nine pounds is reserved One other Lease for the term of 22. years to be accounted from the Feast of St. M. in the Eighteenth year of the Reign of our late Soveraign Lord King James over England c. of other parcel of the premisses made by the said R. H. to one C. O. and whereupon the yearly Rent of 20 l. is reserved One other Lease c. All which said several Rents shall from henceforth be due and payable to the said Sir R.D. his heirs and assigns during the several and respective terms aforesaid And further The said R. H. and I.H. for themselves Govenant for quiet enjoying c. do Covenant c. with the said Sir R. D. c. That he the said Sir R.D. his heirs and assigns and every of them shall and may for ever hereafter quietly and peaceably have hold occupy possesse and enjoy the said M. Farm Advowson Lands and Premisses with their and every of their appurtenances without the let suit trouble disturbance denial molestation interruption or eviction of them the said R. H. and I. H. oâ— either of them their or either of their heirs or Assigns or any 〈◊〉 them And without the lawful Let Suit Trouble Denial Molestation Interruption or Eviction of all and every other person 〈◊〉 persons whatsoever lawfully claiming by from or under theâ— the said R. H. and I. H. or either of them their or either of the estate right or title or by from or under I. H. deceased Unclâ— of he said R. H. except before excepted And also that they thâ— said R. H. and I. H. parties to these presents and either of them For further assurance their and either of theâ— heirs and assigns and M. now the wife oâ— the said R.H. and every of them shall and will from time to time and at all times hereafter c. And it is hereby declared concluded c. That all Fines Feoffments Recoveries and all other assurances whatsoever had made levied suffered or executed to be had made levied suffered or executed by or between the said parties to these presents or any of them of the said M. and premisses or of any of them shall be and enure and hereby and by all the parties to these presents are agreed to be and enure To the only proper use and behoof of the said Sir R. D. and of his c. and to none other use intent or purpose whatsoever In witnesse c. Sir Alex. D. being seized of the Mannor of B. in Corn. O. for life with Remainder to his first Son and his heirs with Remainder to his second Son and so to the tenth Son sell the Mannor-House and half the Lands to Sir T.R. which to secure settles the Mannor of C. by the Collateral Deed and Bargain and Sale ut sequitur THis Indenture made the day of c. between Sir A.L. on the one part and Sir T.R. on the other part Whereas the said Sir T.R. at the ensealing and delivery of these presents hath paid unto the said Sir A.D. the Sum of 2000 l. of currant money of England in Consideration whereof the said Sir A. D. Dame M. his wife and the heirs of the said Sir A. are to convey and assure unto the said Sir T.R. his heirs and assigns All that the Mansion-house and Capital Messuage of the said Sir A.D. with all Houses Edifices Barns Stables Buildings Yards Orchards and Gardens with their and every of their appurtenances situate lying and being in G. B. in the County of O. And also all Trees Furzes Woods and Under-woods with their and every of their appurtenances stâ—ndâ—ng growing lying and being in all or any the Closes and parcels of ground herein after
present Indenture and the Estate hereby granted shall cease determine and be utterly void to all intents and purposes any thing herein contained to the contrary thereof in any wise notwithstanding In witnesse whereof c. A Lease in trust THis Indenture made c. between Sir R. D. of c. on the one part W.D. of c. R. H. and T. S. c. on the other part Witnesseth That the said Sir R. D. for c. setting down the Demise ut supra though of other Lands with the Habendum and Reddendum ut supra Nevertheless upon this special trust and confidence that they the said W.D. R.H. and T.S. their c. shall permit and suffer him the said Sir R.D. and his assigns during his life to hold and enjoy the said Mannor and Premisses and to receive and take the rents issues and profits thereof to his and their own use And also upon this further special trust and confidence that they the said W. D. R. H. and T. S. their c. from and after the decease of the said Sir R. D. shall imploy yearly out of the profits of the said M. and premisses the sum of 50 l. of c. for the Education and bringing up of M. D. Gentleman second Son of the said Sir R.D. for and untill he the said M. shall attain unto the age of nineteen years And also that they the said W.D. R.H. and T. S. their c. from and after the said M. D. shall attain his said age of nineteen years during the residue of the said term shall raise out of the profits of the premisses the sum of 80 l. per annum for and towards the maintenance and for the portion of him the said M.D. And also at the end of the term hereby demised shall and will yield and deliver the rest and residue of all the profits of the premisses by them received or raised unto him the said M.D. or to his issue if any issue of his body be then living And if the said M.D. before his said age shall die without issue that then they the said W.D. R.H. T.S. their c. from and after the decease of the said M.D. without issue as aforesaid shall yield and deliver unto J.D. Esquire eldest son and heir apparent of the said Sir R. D. at his age of nineteen years or to such issue of his body as shall be living at such time as the said J.D. shall have accomplished his said age of nineteen years if he had lived all such rents sum and sums of money as they or any of them shall have received or taken out of or for the said Mannor or Premisses and every or any of them And if the said J.D. before the said age of nineteen years shall die without issue that then they the said W.D.R. H. and T.S. their c. from and after the decease of the said J. D. as aforesaid shall yield pay and deliver unto R. D. Gent. youngest son of the said Sir R. D. at his age of nineteen years or to such issue of his body as shall be then living all such rents sum and sums of money as they or any of them shall have received or taken out of or for the said M. and premisses and every or any of them Cum eadem potentia revocat pro ut ultim specificat In witness c. A Declaration of Trust with a Declaration of uses by the Truster THis Indenture made c. between A. Lady D. of c. Widow on the one part and Sir I. D Sir I.C. Sir R.L. I.C. I.C. T.L. T.I. W.M. and W.G. of c. seperatim on the other part Whereas the said Sir I.D. I.C. and I C. do stand joyntly seized in Fee with the said A. Lady D. of and in all that the Mannor of L. in the County of L. with the rights members and appurtenances thereof and of all that the Capital Messuage or Mansion-house of L. aforesaid and of all and singular Messuages Lands Tenements Tofts Cottages Mills Meadows Closes Pastures Leasows Commons Waste-grounds Furze Heaths Woods Under-woods Waters Moors Wayes Fishings Court-Leets Views of Frank-pledge Waifs Estrayes Royalties Franchises Rents Reversions Services Profits Commodities Liberties Priviledges and Hereditaments whatsoever to the said Mannor or any part thereof belonging or appertaining or reputed deemed occupied or taken as part parcel or member of the said Mannor of L. aforesaid and of all that Messuage with the appurtenances in L. aforesaid in the possession of W. C. or his assigns as by the conveyance thereof to them made by G. A. Esq it doth and may more fully appear And whereas the said T.L. T.I. and W.G. do also stand joyntly seized to them and their heirs of and in all and all manner of Tithes of what nature condition or quality whatsoever and of all Demises Pensions Portions Oblations Emoluments and Profits whatsoever coming growing renewing arising encreasing issuing or going out of any the Lands Meadows Pastures or Woods in L. in the said County of L. or being parcel of the Demeasnes of the Mannor of L. with their and every of their rights members and appurtenances and of all and singular Glebe-Lands Tenements Profits Commodities Emoluments and Hereditaments whatsoever to the Rectory and Parsonage of L. aforesaid belonging or appertaining lying or being amongst the Demesne-Lands of L. aforesaid and also of all and all manner of Tithes coming growing renewing or increasing in or upon the said Glebe-Lands Tenements and Hereditaments or any of them and of all other the Tithes coming renewing or increasing in L. aforesaid as by the conveyance thereof to them made by W. C. and G. A. it doth and may appear And whereas the said Sir I. C. Sir R. L. and W. M. do stand possessed and interessed for divers years yet enduring of and in all that Pasture-ground containing by estimation one hundred and twenty Acres be it more or less lying in L. in the Parish of S. in the said County of B. called or known by the name of the Nether ground with the Tenement and all other the Edifices and Buildings thereupon standing as by the Lease thereof to them the said Sir I. C. Sir R.L. and W.M. by I.I. and A. his wife dated the nineteenth day of c. it doth and may appear Now these presents witness and it is hereby declared testified and expressed by all the said parties to these presents that all and every the several parties to these presents do stand so seized and interessed of all and every the premisses respectively only in trust for the said A. Lady D. and to her use and that they the said Sir J. D. Sir I. C. Sir R.L. I.B. I.L. T.L. T.I. W.M. and W.G. and every of them and the Heirs and Executors of the Survivor and Survivors of them shall at the requests and costs of the said A. Lady D convey and dispose the premisses and every of them respectively to such person and persons as
Executors Administrators and Assigns from the Feast of St. Michael the Arch-Angel next ensuing the date hereof for the term of fifteen years from thence next ensuing fully to be compleat and ended Reddendum Yielding and paying therefore to the said T. L. his heirs executors and assigns at the Feast of c. the Rent and sum of 13 pound of currant money of England and one couple of good fat Capons And also yielding and paying at the Feast of St. c. the â—ent or sum of 15 pounds and 9 shillings of currant money of England and also from and after the Feast of St. c. Yielding and paying yearly and every year during the said term the sum of 30 pounds and 18 shillings of currant money of England at the Feasts of c. by even and equal portions and one couple of good fat Capons yearly and every year or five shillings in lieu thereof at the Election of the said T. L. his Heirs Executors and Assigns at the Font-stone in the Inner Temple Church London And if it shall happen the said yearly Rent or sums of money or any of them The Distress to be behind and unpaid next after any or either of the said Feasts or dayes of payment whereon the same ought to be paid as aforesaid that then at all times it shall and may be lawful to and for the â—aid T. L. his heirs executors and assigns and every of them to enter into and upon all and every or any the demised premisses and to distrain for the same and the arrerages thereof if any happen to be and the distress and distresses there had and taken to lead drive take and carry away and the same with him and them to detain and keep untill the said yearly Rents and every of them and the arrerages thereof if any happen to be unto the said T. L. his Heirs Executors and Assigns shall be contented and paid Provided alwayes and upon condition Proviso to re-enter for non-payment of rent That if the said yearly Rents hereby reserved or any of them shall be behind and unpaid by the space of thirty dayes next after any or either of the said Feasts or dayes of payment whereon the same ought to be paid as aforesaid That then and at all times from thenceforth it shall and may be lawful to and for the said T. L. his Heirs Executors and Assigns and every of them into and upon all and every the Demised premisses to re-enter and the same to have again retain re-possess and enjoy as in his and their first and former estate and right this Indenture or any thing therein contained to the contrary thereof in any wise notwithstanding And the said R. L for himself his heirs executors and administrators and for every of them doth Covenant and Grant to and with the said T. L. his Heirs Executors and Assigns and every of them by these presents that he said R. L. his Executors and Assigns at any time or in any year during the said term shall not Not to cross-crop not will Cross-crop the demised premisses or any part thereof And also that he the said R. L. shall and will yearly during the said term in Husband-like manner lay on and bestow upon the premisses or some part thereof as much Compost and Dung as the Stover and Fodder growing on the premisses will or may make To pay Duties and also shall and will during the said term bear pay and discharge all manner of payments and Duties whatsoever that shall or may any ways grow due or payable for or by reason of the Demised Premisses or any of them to the Kingdom or otherwise and thereof and therefrom shall and will acquit and discharge the said T. L. his Heirs Executors and Assigns And also that he the said R. L. his Executors and Assigns from time to time and at all times during the said term The Repair shall and will well and sufficiently make amend keep cleanse and scour all and every the hedges ditches pales gates stiles fences and mounds upon and about the Demised premisses and every of them and the same being well and sufficiently made amended kept cleansed and scoured in the end or other sooner determination of the term hereby Demised shall and will leave and yield up unto the said T. L. his Executors and Assigns Not to assign without License And also shall not nor will Demise grant assign or let the premisses or any part or parcel thereof or depart with his estate therein to any person or persons whatsoever without the License and consent of the said T. L. his Heirs Executors and Assigns under his or their hands in writing therefore had and obtained And also shall and will pay all and every the yearly Rents and Sums of money hereby reserved according to the Reservations aforesaid And the said T. L. for him The Lessee to enjoy performing Covenants his Heirs Executors and Assigns and every of them doth Covenant and grant to and with the said R. L. his Executors and Assigns by these presents That he the said R. L. by and under the Rents Covenants and Agreements herein contained and on his and their parts to be paid done and performed shall and may during the said term quietly and peaceably have hold occupy and enjoy all and every the Demised premisses except before excepted without the let sute trouble molestation interruption or Eviction of him the said T. L. his Heirs Executors and Assigns and of all and every other person and persons whatsoever lawfully claiming by from or under him the said T. L. his Estate or Title In witness whereof c. An Assignment of a Lease forfeited upon a Mortgage THis Indenture made c. between I. S. of P. and G. E. c. on the one part and T. L. of c. on the other part Whereas the said I. S. by his Indenture of Lease Reciting of the Lease bearing date the 24th of May in the Twelfth year of the Reign of our said Soveraign Lord that now is for the Consideration therein expressed did Demise and grant unto the said G. E. all those parcels of Land arable Pasture and wood-ground lying and being in E. in the County of M. hereafter particularly mentioned That is to say one parcel of Arable containing by estimation 4. Acres c. together with free liberty of ingress egress and regress way and passage into and from the same several Lands and Premisses and every of them And also all other the lands tenements hereditamants whatsoever of him the said I. S. in E. aforesaid and to him the said I. S. and his heirs bargained sold by M. F. widow by Indenture dated the c. and inrolled in his Majesties Court of Chancery and the Reversion and Reversions Remainder Remainders of all and every the Demised premisses and every of them and all Pastures Feedings Commons Woods Under-woods Wayes
Water-Courses Easements Commodities Advantages and appurtenances thereunto belonging or appertaining and all Writings Deeds and Evidences concerning the said premisses or any of them To have and to hold the said several pieces and parcels of Land Arable Pasture and Wood-ground and all other the premisses with their and every of their appurtenances unto the said G. E. and his assigns from the day of the date of the said recited Indenture of Lease unto the full end and term of two hundred years from thence next ensuing and fully to be compleat and ended without Impeachment of any manner of waste by and under the yearly Rent of one Pepper-Corn if it were demanded with Conditions therein contained that if the said I. S. his Heirs Executors Administrators and Assigns should pay unto him the said G. E. his Executors or Assigns the Sum of 100 pound of currant money of England on c. according to the Condition of a Surrender of certain Copy-hold-Lands dated the day of c. that then from thenceforth thesaid recited Lease to be â—oid as by the said recited Indenture of Lease it doth and may appear That the premisses were forfeited And whereas the said I. S. did not nor hath paid the said moneys according to the said Proviso and Condition by reason whereof the said Lands and Premisses are absolutely come unto and vested in him the said G. E. for all the rest and residue of the said term of 200 years by the foresaid Lease Demised and granted as aforesaid Now this Indenture witnesseth That the said G. E. at the request and by the appointment of the said I. S. and for and in consideration of the Sum of 100 pound of currant money of England to him in hand paid by the said T. L. and the said I. S. for and in consideration of the Summe of 100. pound of currant money to him by the said T. L. in hand paid by the said T. L. the receipts of which several Sums of money they the said G. E. and I. S. do hereby severally acknowledge and thereof do severally acquit and discharge the said T. L. his Heirs Executors Administrators and Assigns and every of them for ever by these presents The Assignment Have Demised granted bargained sold assigned and confirmed and by these presents do joyntly and severally Demise grant bargain sell assign and confirm unto the said T. L. his Executors and Assigns all those the foresaid several parcels of Land Pasture and Wood-ground lately stocked up and premisses with their appurtenances in the said recited Indenture of Lease mentioned and expressed and all their and either of their estate right title interest term for years claim and demand whatsoever of them the said G. E. and I. S. therein and thereunto together with the said recited Indenture of Lease The Habendum To have and to hold all and every the said several pieces and parcels of Land Pasture and Wood-ground with their appurtenances unto the said T. L. his Executors Administrators and Assigns for and during all the rest and residue of the said term and now to come and unexpired in as full and ample manner to all intents and purposes as they the said G. E. and J. S. or either of them may or might hold or enjoy the same by vertue of the said recited Indenture of Lease or otherwise howsoever A Covenant to enjoy the remainder of the term And the said G. E. for himself his c. doth Covenant and grant c. that he the said T. L. his Executors and Assigns shall and may at all times during the said term or residue of the said term and number of years now to come and unexpired quietly and peaceably have hold occupy and enjoy all and every the said parcels of Land Pasture and Wood-ground with their appurtenances without the let suit trouble Expulsion or Eviction of him the said G. E. his Executors and Assigns and of all and every other person and persons whatsoever lawfully claiming by from or under him the said G. E. his estate or title and absolutely freed and discharged from all charges and incumbrances whatsoever done or suffered by him the said G. E. or by his means act or procurement And the said J. S. for himself his c. A Covenant if the number of Acres be wanting so much money to be repaid ut supra That in case the said Lands wood-grounds and premisses hereby mentioned to be assigned together with other parcels of Copy-hold Lands of the said J. S. lying in E. aforesaid and by him the said J. S. sold to him the said T. L. and his heirs shall fall out and appear to be under the quantity of 24 Acres at which quantity the same is now sold and estimated unto him the said T. L. That then he the said J. S. his Executors and Assigns shall pay and allow unto him the said T. L. so much moneys and after the rate of 12 pound for every acre and after that rate for a greater or lesser quantity than one acre that shall want of the said quantity and number of 24. acres And also that he the said T. L. his c. To enjoy against the Mortgagor shall and may quietly and peaceably have hold possess and enjoy all and every the said Lands and premisses with their appurtenances without the let sute trouble disturbance molestation interruption or eviction of him the said J. S. his Heirs Executors and Assigns and of all and every other person and persons whatsoever lawfully claiming by from or under him the said J. S. his estate or title and absolutely freed and discharged from all fines issues amerciaments forfeitures and all and all manner of charges and Incumbrances whatsoever made done or suffered by him the said I. S. or by his act means neglect or procurement the foresaid recited Indenture of Lease made to the said G. E. only excepted c. A Lease for three Lives of a Messuage and Lands unto those that sold the same it being so agreed upon sale thereof Well peâ—â—d THis Indenture made c. between J. B. of c. on the one part and J L. of c. and E. his wife and J. L. his Sonne on the other part Whereas the said J. L. and E. his wife Recital of the Lessies sale with agreement that the Lessâ— should make a lease by their Indenture of bargain and sale dated the second day of October last past for the Consideration therein expressed and by other assurance in Law have sold and conveyed unto the said J. B. his heirs and assigns for ever all that Messuage or Tenement with the appurtenances wherein the said J. L. then did and now doth inhabit scituate and being in L. M. aforesaid and all those the Lands hereafter particularly mentioned and expressed as by the said recited Indenture of bargain and sale amongst other things therein contained it doth and may appear And whereas it was agreed between
the said J. B. and the said J. L. at the time of executing the said Conveyance as in part of the bargain for the said Messuage and Lands that the said I. B. shall make a Lease of the said Messuages and Lands unto the said I. L. E. his wife and the said I. his son for their lives successively at the yearly Rent of 4. pounds per annum The Consideration Now this Indenture witnesseth That the said I. B. being about the age of 28. years as well in performance of the said agreement on his part made aforesaid and of the yearly Rent hereby reserved and for other good causes and considerations him moving Hath demised The Demise set and to farm-letten and by these presents doth Demise set and to farm-let unto the said J. L. E. his wise and the said I. all that the foresaid Messuage or Tenement with the appurtenances wherein the said I. L. doth now inhabit and dwell scituate and being in L. M. aforesaid and all those the Lands hereafter particularly mentioned viz. one half acre of Land c. mentioning the particulars c. Together with all Houses Edifices Buildings Barnes Stables Yards Back-sideâ— Orchards Gardens Commons Commodities Wayes Easements Emoluments Hereditaments and Appurtenances whatsoever to the said Messuage or Tenement and Premisses or any of them belonging or in any wise appertaining and now used therewith except all Woods Timber and Trees growing or to be growing on the premisses And also except all those four Cottages or Tenements heretofore built on part of the Orchard belonging to the said Messuage or Tenement hereby demised now being in the several tenures or occupations of R. E. T F. W. R. and L. D. their Assignee or Assignees To have and to hold the said Messuage or Tenement The Habendum and all other the premisses with their appurtenances except before excepted unto the said I. L. E. his wife and I. L. for and during the term of their natural lives and the life of the longer liver of them The Reddendum successively one after another as they are herein named Yielding and paying therefore yearly and every year during the said term hereby demised unto the said I. B. his heirs and assigns the yearly Rent or Sum of 4. pounds of currant money of England at two Feasts or Terms in the year most usual viz. the Feast of c. to be paid at c. the first payment thereof at the Feast of the Annuntiation of c. next ensuing The Distresse And if it happen the said yearly Rent or any part thereof to be behind and unpaid by the space of eight dayes next after any or either of the said Feasts or dayes of payment whereon the same ought to be paid as aforesaid That then it shall and may be lawful to and for the said I. B. his heirs and assigns and every of them to enter into and upon the said Messuage and Premisses and every or any of them and to distrain for the same and the distress and distresses there had and taken to lead drive take and carry away and the same with him and them to detain and keep untill the said yearly Rent and the arrerages thereof if any happen to be unto the said I. B. his heirs and assigns shall be contented and paid And the said I. L. E. his wife Covenant to repair and the said I. L. for themselves joyntly and severally and for every and either of them their every and either of their several and respective Executors Administrators and Assigns and every of them do and doth covenant and grant to c. That they the said I. L. E. his wife and I. L. their several Executors Administrators and Assigns and every of them at their own proper costs and charges in and by all things shall and will well and sufficiently repair maintain uphold keep cleanse and scour all and every the Houses Buildings and Edifices hereby demised and now built upon the premisses and belonging to the same and which at any time hereafter during the term hereby demised shall be erected and built upon the demised premisses or any part thereof and the hedges ditches fences pales and mounds upon and about the demised premisses and every of them well and sufficiently shall make keep cleanse and scoure and the said Messuage or Tenement Houses and Buildings which are or at any time hereafter during the term hereby demised shall be erected or built in or upon the same or any part thereof being so well and sufficiently repaired maintained upholden kept cleansed and scoured in the end or other determination of the said term hereby demised shall and will leave and yield up unto the said I. B. To view the defaults of reparations his heirs and assigns And also that they the said I. L. and E. his wife and the said I. L. and every of them and their and every of their assigns shall and will permit and suffer him the said I.B. his heirs and assigns together with three or four or fewer Workmen or other persons at their or any of their wills and pleasures being at convenient times twice every year quietly to enter in or upon the said Messuage or Tenement and all other the Demised premisses to view and search whether the same be well and sufficiently repaired or not And of all and every the Default and Defaults for want of Reparations then and there found To repair upon notice to give or leave notice in Writing at the said Messuage or Tenement unto or for the said I. L. and E. his wife and the said I. L. to repair and amend the same from time to time during the terms hereby demised alwayes within the space of six months next after every such notice in Writing so given or left as aforesaid Not to demise without license And also that neither they the said I. L. E. his wise nor the said I. L. nor any nor either of them shall not at any time or times hereafter grant bargain sell assign or set over demise let or depart with the said Messuage and Premisses or any part or parcell thereof or his her or their or any of their right title interest or estate in or to the Premisses or any of them without the speciall license and consent of the said I.B. his heirs and assigns under his or their hand in Writing therefore first had and obtained Proviso upon non-payment or nonreparation to re-enter Provided alwayes and it is Conditioned by and between the Parties to these presents That if it shall happen the said yearly Rent or any part thereof to be behind and unpaid by the space of twenty eight dayes next after any or either of the Feasts or dayes of payment before mentioned or set down for payment thereof contrary to the form aforesaid the same being lawfully demanded or if all and every the said Default and Defaults for want of Reparations
limit ordain or appoint And from and after the end expiration surrender or other determination of the said term or terms of _____ years as they shall severally end and determine then to the use and behoof of such person and persons and for such estate and estates and for such part and parcel as the said T. Lord W. shall by his last Will in writing in presence of two credible witnesses or more appoint limit or declare Provided alwayes and the true intent and meaning of the said T. Lord W. and of all the parties to the said Recovery and Fine and of the parties to these presents and every of them before and at the several and respective times of the suffering of the said Recovery and the acknowledging and levying of the said Fine was and yet is and is hereby so expressed published and declared that notwithstanding any thing herein before contained it shall and may be lawful to and for the said T. Lord W. from time to time Power to make Leases and at all times for and during his natural life at his will and pleasure either by act or acts in writing under his hand and seal to be sealed and signed before two or more witnesses of credit and executed in his life-time or by his last Will and Testament in writing by him to be sealed subscribed and published before two or more such witnesses to give grant or make any lease or leases for life lives or years of all or any of the said Mannors Lands Tenements Hereditaments and Premisses or any of them other than during the life of the said Lady K. of the said chief Mansion-house called H. house and so much of the Demesnes Lands Tenements and premisses next adjoyning to the said Chief Mansion-house as shall amount to the clear yearly value of one hundred fifty pounds over and above all charges and Reprizes Or to charge the premisses to secure moneys to be hereafter borrowed Upon which lease or leases the accustomed or greatest yearly Rent or value heretofore paid for the said premisses or more shall be reserved or to charge the same premisses or any parcel thereof except before excepted and for the time aforesaid with any Rent or Rents Annuity or Annuities Recognizance or Recognizances in the nature of the Statute-Staple or Merchant or by or with any other Recognizance or Recognizances Judgment or Judgements of what nature soever for the assurance of payment of any Sum or Sums of money which he the said T. Lord W. either hath taken up or borrowed or shall hereafter receive take borrow or contract for of or with any person or persons for or to his use or otherwise or for the securing of any person or persons who now is or are or stand or that at any time hereafter shall stand or become bound for him the said T. Lord W. or otherwise at his free-will and pleasure and that the said Recovery Fine and Fines and other Acts and Assurances shall be and enure and the said Recoverors and parties to the foresaid Recovery and the Cognizees and parties to the said Fine and the parties takers thereby and their heirs and all and every other person or persons who now are or stand or hereafter shall be or stand seized of the said Mannors Lands Tenements Hereditaments and premisses by force or under the said Recovery and Fine or either of them and his anâ— hâ—r heirs shall stand and be seized of all or so much of the said Mannors Lands Tenements Hereditaments and premisses and every parcel thereof with the Appurtenances which is or shall be so given granted leased charged or disposed of from and after such gift grant lease charge disposition or other Act or Acts to such uses intents and purposes and to the use of such person and persons to whom such gift grant lease charge disposition or other Act or Acts hath been or shall be made as aforesaid and to the use intent and purpose that the party and parties to whom any Rent or Rents Annuity or Annuities Recognizance or Recognizances Statutes Judgements or other charges already granted or hereafter to be granted made or charged of upon or out of the said Mannors Lands Tenements Hereditaments and premisses or any parcel thereof by the said T. Lord W. shall and may duly have levy perceive take and enjoy the fruit benefit and effect of the same lease and leases Rent and Rents and other charge and charges according to the purport intent and true meaning of the said grant and grants lease and leases Recognizance and Recognizances Judgment and Judgments charge and charges and every or any of them any thing in these presents before contained to the contrary thereof notwithstanding Provided and it is further hereby Covenanted To make void the said uses granted condescended agreed published and declared by and between all and every of the foresaid parties That the true intent and meaning as well of the foresaid Recovery as of the said Fine and of all and every of the respective parties to the same and to these presents alwayes was and is that it should and might and shall and may be lawful to and for the said T. Lord W. from time to time at any time or times during his life by his writing or writings by him to be signed or sealed in the presence of three witnesses of Credit or more or to be inrolled in any of the Courts of Record of our Soveraign Lord the Kings Majesty his Heirs or Successors to signifie or declare that his Will and Pleasure is That all or any of the use or uses estate or estates in Possession Reversion or Remainder limited appointed raised created or implyed in or by these presents shall cease determine be void or revoked of for touching or concerning all or any of the said Mannors Messuages Lands Tenements Hereditaments and premisses or any of them or concerning any part or parcel of them or any of them And that then and from thenceforth all and every of the said use and uses estate and estates in possession Reversion or Remainder so signified and declared to cease determine be void or revoked shall then and from thenceforth cease determine and be utterly void and revoked according to the true intent and meaning of the said T. Lord W. so as aforesaid to be signified and declared other than such lease or leases estate or estates or charges which he the said Lord W. hath or shall make â—ay or charge of or upon any of the premisses for satisfying debts or for valuable Consideration in money or otherwise by force of the foresaid Proviso in these presents before expressed And also that then and from thenceforth at all time and times after such signification or significations declaration or declarations so to be made it shall and may be lawful to and for the said T. Lord W. at any time or times during his life To create nâ—w uses so oft as he shall think
good by any other his writing by him to be sealed acknowledged and inrolled or sealed and subscribed as is aforesaid to limit create appoint and declare of for and concerning the said Mannors Lands Tenements Hereditaments and premisses or any of them any new or any other use or uses to the same or any other person or persons whatsoever And that then and after such new limitation the said Recovery and Fine respectively shall be and enure and the said Recoverors and parties takers by the said Recovery and the said Cognizees of the said Fine and the parties takers thereby and their heirs and all and every person and persons who then shall be and stand seized of and in the premisses or any part thereof whereof such new use shall be declared created raised limited or appointed and his and their heirs shall respectively stand and be seized of the same premisses or such part thereof whereof such new use or uses shall be declared limited or appointed to such use and uses of such person and persons to whom such other or new estate or estates use or uses shall be so newly declared created raised limited or appointed and of and for such estate and estates and in such manner and form and by or under such Limitations Conditions and Provisoes as shall be so newly appointed expressed or declared and for want of such declaration or new limitation so to be made after any such Revocation Then the said Recovery and Fine touching such of the premisses whereof no such Declaration limitation or appointment of use shall be made shall be and enure to the only use and behoof of the said T. Lord W. his Heirs and Assigns for ever any matter or thing whatsoever herein before contained to the contrary thereof notwithstanding But it is and alwayes was the intent of all the parties to these presents That no Revocation or new Limitation should or shall any way frustrate or make void any Lease No new Declaration to hinder an Estate granted before Revocation Estate Rent or Charge made granted or charged or to be made granted or charged of or upon the premisses or any parcel thereof for valuable Considerations of money borrowed or received of the said T. Lord W. by vertue or force of any former Proviso in these presents expressed but that the same and every of them shall stand good according to the purport and meaning of them and every of them notwithstanding any such Revocation or new Limitation futurely to be made In witness c. A Covenant to settle Lands for natural affection THis Indenture made c. Between R.D. of c. on the one part and T. D. and E. S. of c. on the other part witnesseth That the said R. D. as well for the natural love and affection which he beareth towards W. D. Gentleman Son and heir apparent of the said R. D. and to the intent that the Marshes Lands Tenements and Hereditaments hereafter mentioned might be and remain to the uses intents and purposes hereafter in these presents expressed and declared and for divers other c. for himself his heirs and assigns doth Covenant and grant to and with the said T. D. and E. S. their heirs and assigns by these presents That he the said R. D. and his Heirs and all and every other person and persons that now is or are or that at any time hereafter shall be seized or estated of or in all and every part of that the Mannor of A. with the Rights Members and Appurtenances thereof in the said County of O. and of or in all or any Lands Tenements Meadows Pastures Feedings Commons Wayes Wastes Wast-grounds Hereditaments and Appurtenances whatsoever belonging to the said Mannor or reputed as part parcel or member thereof in A. aforesaid and whereof or wherein the said R. D. â—ow hath an Estate of Inheritance in Fee-simple shall thereof and of every part and parcel thereof immediately from and after the ensealing hereof stand and be seized thereof and of every part and parcel thereof to the several uses intents and purposes hereafter in these presents expressed limited and declared that is to say To the use and behoof of the said R. D. for the term of his natural life without impeachment of any manner of wast and after his death to the use of the said I. D. for the term of his natural life without impeachment of any manner of wast and after his decease to the use of the first Son of the body of the said I. D. lawfully to be begotten and of the heirs males of the body of the said first Son lawfully to be begotten And for default of such Issue to the use and behoof of the Second Third Fourth Ffth Sixth Seventh Eighth Ninth and Tenth Sons of the body of the said I. D. lawfully to be begotten respectively as they shall be in Seniority and age and of the heirs males of such Second Third Fourth Fifth Sixth Seventh Eighth Ninth and Tenth Sons lawfully to be begotten of his body the eldest son and his heirs being alway preferâ—ed before the younger Son and his heirs of his body And for default of such Issue to the use of every other the Sons of the said I. D. as they shall be in Seniority and age and of the heirs males of the Bodies of every such Sons lawfully to be begotten And for default of such Issue then to the use of M.D. Gentleman second Son of the said Sir R. D. for the term of his natural life without impeachment of any manner of wast and after his death to the use of the first Son proâ—â—e supra in the first Son then to the third Son in manner prout al. primam And for the default of such Issue then to the use of the right Heirs of the said R. D. for ever And to none other use intent or purpose whatsoever with the same clause of Revocation as is mentioned in the last president In witness c. A Condition of a Counter-Bond THe Condition c. That whereas the above-named N.B. at the special instance and request of the above-bounden C. D. for the proper debt of the said C. D. and as his surety by obligation bearing date with these presents standeth joyntly and severally bound together with the said C.D. unto E.F. of c. in the sum of c. with Condition thereupon endorsed for the payment of 100 pound of c. to the said E.F. or to his certain Attorney his Executors or Assigns at c. upon c. as in and by the said Obligation and Condition more at large appeareth If therefore the said C. D. his Heirs Executors Administrators or Assigns or any of them do pay or cause to be paid unto the said E. F. or his Assigns the said Sum of c. at the day and place aforesaid and also from henceforth save and keep harmless the above named A. B. his heirs c. of and from the
C. L. S. and the said D. L. witnesseth now this present Indenture The Consideration That the said C. Lord S. as well for and in consideration of the said Marriage and of the full Summe of 8000 pound that is to say the Summe of 7000 pound of good and lawfull money of England in hand paid and the Summe of 1000. pound more in Jewels in hand delivered unto him the said L. S. by the said E. Lord G. and Dame I. his wife at and before the ensealing and delivery of these presents whereof the Sum of 2000. Marks in moneys and the said 1000. pounds in Jewels were and was a portion given and left unto her the said D. by the last Will and Testament of Sir I. L. her Father deceased and the residue of the said 8000 pound was and hath been encreased for her by the providence care and great love of the said Dame I. G. her Mother since her said Fathers decease of and with which said Sums of 7000 pound in Money and 1000 pound in Jewels he the said C. Lord S. doth hereby acknowledge the Receipt and himself to be fully satisfied And thereof and of every part and parcel thereof doth for himself his Heirs Executors and Administrators and for every of them fully absolutely and clearly acquit exonerate and discharge the said E. Lord G. and Dame I. his Wife their Heirs Executors and Administrators and every of them for ever by these presents And for and in consideration of a competent Joynture to be had and made unto the said D. in case the said Marriage shall take effect and that she the said D. shall survive and over-live him the said Lord S. and for the better preservation and continuance of all and every the Mannors Lordships Messuages Lands Tenements and Hereditaments hereafter mentioned in the name and blood of the said Lord S. so long as shall please Almighty God also for divers and sundry other good and valuable Considerations him the said Lord S. hereunto especially moving Hath Covenanted promised granted and agreed and by these presents doth for himself his Heirs Executors Administrators and Assigns and for every of them covenant promise grant and agree to and with the said E. Lord G. and I. S. their heirs and assigns A Covenant to levy a Fine and to and with every of them That he the said C. Lord S. shall and will before the end of Michaelmas Term next ensuing the date of these presents before the Justices of our Soveraign L. the King of his Majesties Court of Common-Pleas at Westminster or before some other competent and fit person and persons thereunto lawfully and sufficiently authorized acknowledge and levy one or more Fine or Fines Sur Conusance de droit come ceo c. in due form of Law with Proclamations thereupon to be made according to the Common course of Fines in that case used and the Statute in that behalf made and provided unto them the said W.N. and A.T. and their heirs or the heirs of one of them The Mannors of all those his Mannors Lordships Lands Tenements and Hereditaments called or known by the several names of S. c. scituate lying and being in the County of Es with their and every of their Rights Revenues Members and Appurtenances whatsoever and of all that the Rectory and Church of H. with the Appurtenances thereof whatsoever General Words and of all and singular Messuages Houses Edifices Barns Stables Dove-houses Back-sides Orchards Gardens Lands Tenements Meadows Feedings Pastures Commons Wayes Passages Wast-grounds Heaths Furze Moors Marshes Woods Under-woods Rents Reversions Services Tithes as well great as small and of all other Hereditaments whatsoever scituate lying and being growing arising renewing and increasing within any the Towns Parishes Hamlers Tithings or Fields of S. c. in the said County of E. and in every or any of them or elsewhere to the said Mannors Rectory or other the Premisses or any of them belonging or in any wise appertaining or therewith used and enjoyed by such name and names and under such number of Mannors Messuages Cottages and Acres and in such sort manner and form as by the said E. Lord G. and J. S. their heirs or assigns or by their or any of their Councel learned in the Law shall be reasonably advised devised or required The true intent and meaning of which said Fine and Fines so to be acknowledged and levied of the said premisses between the said parties as aforesaid shall be and so shall be construed meant intended and adjudged to be to and for the use and behoof of the said W. N. and A. T. their heirs and assigns for ever To the only intent and purpose that they the said W. N. and A. T. shall and may stand and be full and perfect Tenements of the Freehold of the said Mannors Lordships and all and singular the premisses and of every part and parcel thereof with the appurtenances untill one or more perfect Common Recovery or Common Recoveries To suffer a Recovery may be had and executed of all and singular the same premisses against them the said W.N. and A.T. and their heirs according to the true intent and meaning of the said Parties to these presents And that they the said W. N. and A. T. from and after the acknowledging and levying of the said Fine or Fines by the said C. Lord S. to them the said W. N. and A. T. in manner and Form as aforesaid shall and will before the end of the said Michaelmas Term next ensuing the date of these presents permit and suffer the said E. Lord G. and I. S. to sue and presecute several Writs of Entry Sur disseisin en le post against them the said W. N. and A. T. of the said Mannors Lordships Lands Tenements Hereditaments and Premisses and of every part and parcel thereof with the Appurtenances by such name and names and under such number of Mannors Messuages Cottages and Acres and in such sort manner and form as by the said E. Lord G. and I.S. and their heirs or by their or any of their Councel learned in the Law shall be advised devised or required into and upon every of which said several Writs of Entry Sur disseisin en le post so to be brought the said W. N. and A.T. shall personally appearâ—â— And then immediately after their appearance defence made shall and will in the said actions vouch to Warranty the said C. Lord S. and he the said Lord S. upon such Vouchee of him to be made shall and will in the said actions so to be brought forthwith Gratis and without Process appear thereunto and enter into Warranty and vouch over to Warranty the Common Vouchee to the end that the Common Vouchee may also appear and enter into Warranty and afterwards make default or depart in despite of the Court so that several perfect Common Recoveries with double vouchers may be had prosecuted and executed in
and upon the said several Writs of Entry Sur disseisin en le post in all things according to the usual and common order and form of Common Recoveries for the assurance of Lands and Tenements in such cases used of all and singular the said several Mannors Lordships and Premisses before mentioned and of every part and parcel thereof with the Appurtenances And that full Execution and Seizin shall be had and taken thereof accordingly And it is hereby covenanted granted concluded and fully and absolutely agreed on by and between all and every the aforesaid parties to these presents for themselves their heirs and assigns and it is the true intent and meaning of these presents and of all and every the aforesaid parties to the same that the said several Recoveries and the execution thereupon to be had shall be and so shall be adjudged deemed esteemed and taken to be and the Recoverors their heirs and assigns and every of them shall and will immediately from and after the execution of the said Recoveries stand and be seized and be adjudged deemed and esteemed and taken to be seized of all and singular the said Mannors Lordships Lands Hereditaments and premisses before mentioned and every part and parcel thereof with their and every of their Appurtenances to and for all and every the several and respective uses behoofs intents and purposes hereafter in these presents mentioned expressed limited and declared And to or for none other use behoof intent or purpose whatsoever that is to say to the use and behoof of the said C. Lord S. and his Assigns for and during the term of his natural life without impeachment of or for any manner of wast and from and after his decease then to the use and behoof of the said D. L. and her assigns for and during the term of her natural life for and in the name of a Joynture of and for her the said D. And from and after her decease then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten and for default of such Issue then to the use and behoof of the right heirs of the said C. Lord S. for ever And the said Right Honourable C. Lord S. for himself his Heirs Executors Administrators and Assigns and for every of them doth further Covenant promise and grant to and with the Right Honourable E. Lord G. and I.S. their Heirs and Assigns and to and with every of them by these presents in manner and Form following that is to say That he the said C. Lord. S. at the time of the ensealing and delivery of these presents is lawfully and rightfully seized of and in all and singular the said Mannors Lands Tenements Rectory and Premisses and of every part and parcel thereof with the Appurtenances of a good sure perfect lawful and indefeasible Estate in Fee-simple or in Fee-tail to himself and the heirs of his body without any Reversion or Remainder of the Kings Majesty and without any manner of Condition or Conditions Mortgage Limitation of use or uses or other thing or things whatsoever whereby to alter change charge defeat determine or make void the same And that he the said Lord S. hath full power good right and lawful and absolute authority in his own proper right by these presents to raise limit and appoint all and every the foresaid several Uses and Estates before mentioned and that all and singular the Premisses and every part and parcel thereof with their and every of their Rights Members and Appurtenances now are and be and so from time to time and at all times for ever hereafter shall and may continue stand remain and be to all and every the several uses intents and purposes before in and by these presents limited expressed appointed and declared free and clear and freely and clearly acquitted exonerated and discharged or otherwise well and sufficiently saved defended and kept harmlesse of and from all and all manner of former and other Gifts Grants Bargains Sales Leases Estates Joyntures Dowers and Titles of Dowers and of and from all Rents and Arrerages of Rent-Annuities and Arrerages of Annuities Statutes-Merchant and of the Staple Recognizances Judgments Executions Extents Fines Forfeitures Issues Amerciaments Intentions Principal Seizins Liveries Wills Entails Limitations of use or uses and of and from all other Titles Troubles Arrerages Charges Claims Demands and Incumbrances And the said C. Lord S. for himself his Heirs Executors Administrators and Assigns and for every of them doth likewise further Covenant promise and grant to and with the said E. Lord G. c. their Heirs and Assigns and to and with every of them by these presents That he the said Lord S. and his Heirs shall and will from time to time and at all times hereafter within the space of seven years next ensuing the date of these presents at and upon every reasonable request and at the only proper costs and charges in the Law of the said Lord S. and his heirs further do make acknowledge execute and suffer or cause or procure to be done made acknowledged executed and suffered all and every such further and reasonable act and acts thing and things device and devices assurance and assurances in the Law whatsoever for the further better and more perfect assuring surety and sure-making setling and conveying of the said Mannors c. premisses and of every part and parcel thereof with the appurtenances to continue stand remain and be to all and every such several uses behoofs intents limitations and purposes as are thereof in and by these presents limited expressed appointed and declared be it by Fine or Fines Recovery or Recoveries with single double or more Voucher or Vouchers Feoffment or Feoffments Deed or Deeds enrolled or not enrolled the enrollment of these presents or by any other wayes or means whatsoever as by the said E. Lord G. and I. S. their Heirs and Assigns or by any of them or by their or either or any of their Council learned in the Law shall be reasonably advised devised or required And finally The said C. Lord S. for and in Consideration of the said Marriage shortly hereafter by the grace of God to be had and solemnized between him the said C. Lord S. and the said D.L. and for the great love and affection which he the said Q. S. hath and doth bear unto the said D. L. doth for himself his heirs and assigns and for every of them Covenant promise grant and agree to and with the said E. Lord G. and I. S. their Heirs and Assigns and to and with every of them by these presents That he the said C. Lord S. and his Heirs and all and every other person or persons that now be or which hereafter shall stand or be seized of any Estate of Inheritance of the said Mannors Lands Tenements and Premisses or any part thereof shall and will stand and be
as aforesaid And of and from all Actions Sutes Costs Charges Damages Expences and Demands whatsoever which he the said J. S. his Executors Administrators or Assigns shall hereafter happen to incur sustain or be put unto for or by reason of the payment of the said Sums of five shillings a piece for the use of the said M. and A. to the said T. their Father as aforesaid That then this Obligation shall be void or else it shall stand in full force and vertue A Condition to pay the Rent reserved in a Lease according to the Covenant therein exprest THe Condition of this Obligation is such That whereas the within named I. C. by his Indenture of Lease of the date within written did Demise grant and to farm-let unto the within bound H. B. all that Messuage or Inne called the Signe of the White Horse with all Cellers Sollers Chambers Rooms Yards Stables and Appurtenances thereunto belonging as it is now in the Tenure or occupation of the said I. C. set and being in S. in the Parish of St. O. in S. in the County of S. except as in the same Lease is excepted To have and to hold the same from the Feast of the Nativity of St. John Baptist next coming after the date of the same Lease unto the end and term of Ten years and one quarter of a year from thence next ensuing and fully to be compleat and ended yielding and paying therefore yearly during ten years of the said term of ten years and one quarter of a year to the said I. his Executors or Assigns Twenty and four pounds of lawfull money of England at Four Terms of the year that is to say at the Feast of St. Michael the Arch-Angel the Birth of our Lord God the Annuntiation of our Lady and the Nativity of St. John Baptist or within fifteen dayes next after every of the said Feast Dayes by even portions And for the last quarter of a year six pounds at the Feast of St. Michael the Arch-Angel next ensuing the said term of ten years or within fifteen dayes then next following as by the same Lease more at large appeareth If therefore the said H. B. his Executors or Assigns do yearly and every year during the said Term of Ten years well and truly yield and pay or cause to be yielded or paid to the said I. C. his Executors or Assigns the said yearly Rent of Twenty and four pounds at the said Four Feasts or Terms of the year mentioned in the said Lease or within Fifty dayes next after every of the said Feast-dayes by even portions and the said Summe of Six pounds at the said Feast of St. Michael the Arch-Angel next after the end of the said Ten years or within fifteen dayes then next following according to the tenure and true meaning of the same Lease That then this Obligation to be void and of none effect Or else to be in full force and vertue A Defeazance on a Recognizance or Statute-Staple THis Indenture made the one and twentieth day of August Anno Dom. 1634. and in the Tenth year of the Reign of our Soveraign Lord Charles by the grace of God King of England Scotland France and Ireland Defender of the Faith c. Between J.B. Citizen and Salter of London of the one part and G. B. Citizen also and Salter of L. of the other part Witnesseth That whereas the said G. B. by a certain Recognizance of the nature of a Statute of the Staple made and provided for the Recovery of debts taken Recognized and sealed before Sir J. C. Knight Mayor of the Staple of W. and E. L. Esq Recorder of the City of L. bearing date with these presents standeth and is bound unto the said I. B. in the summe of Four hundred pounds of lawful money of England payable as by the same Recognizance more at large appeareth Nevertheless the said I. B. is contented and agreed and doth covenant promise and grant for himself his Heirs Executors and Administrators to and with the foresaid G. B. his Heirs Executors and Administrators and to and with every of them by these presents That if the said G. B. his Heirs Ezecutors Administrator or Assigns or any of them do pay or cause to be paid unto the said I. B. his Executors Administrators or Assigns or any of them at or in the now dwelling house of the said I. B. scituate in the Parish of St. A. H. London the Summe of Two hundred and eight pounds of lawfull money of E. on the Three and twentieth day of F. next coming after the date of these presents without fraud or coven That then the foresaid Recognizance shall be utterly void and of none effect or else to remain in full force strength and vertue In witnesse whereof the parties first above named to the present Indentures interchangeably have set their hands and seals dated the day and year first above written A Grant of Lands in Fee in consideration of money and in further consideration of exchange of other Lands THis Indenture made c. between c. Witnesseth That the said L. G. and also for and in consideration of a certain competent Summe of lawful money of England to him in hand before the ensealing and delivery of these presents by the said I. B. well and truly paid and for and in consideration of other Lands Tenements and Hereditaments by the said I. B. conveyed and assured to the said L. G. and his heirs in exchange Whereof and wherewith the said L. G. acknowledgeth himself fully satisfied and contented and thereof and of every part and parcel thereof clearly acquitteth and dischargeth the said I. B. his heirs and assigns by these presents hath bargained sold aliened enseoffed and confirmed and by these presents doth fully and clearly bargain sell alien enseoffe and confirm in exchange unto the said I. B. and his heirs All that Scite and Capital Messuage or Tenement with the appurtenances scituate c. now being in the tenure or occupation of the said L.G. or his assigns and all and every the Barns Stables Out-houses Orchards Gardens and other appurtenances to the said Messuage or Tenement belonging or in any wise appertaining and all and every other the Lands Meadows Pastures and Closes therewith occupied by the said L. G. and being in E. aforesaid And all that Messuage or Tenement with the appurtenances scituate and being in E. aforesaid and 30 Acres of Land Meadow and Pasture thereunto belonging now or late in the Tenure c. And all that Messuage c. and all that Cottage c. and all and every the Commons Wastes Grounds Leys and other appurtenances to the premisses or any of them belonging or in any wise appertaining And all and every other the Lands Tenements and Hereditaments scituate lying and being in E. aforesaid with all and singular the appurtenances whereof E. G. Esq Father of the said L. died seized of an Estate of Inheritance and the Reversion
or either of them shall and will at all times during the space of five years next after the date of these presents if the said Sir G. H. shall so long live at and upon the reasonable request and at the proper costs and charges in the Law of the said Sir G. H. and his assigns make acknowledge and execute to the said Sir G. H. and his assigns all and every such further and other lawful and reasonable act and acts device conveyance and assurance in the Law whatsoever for the better holding and enjoying of the said 50 l. per annum herein before granted according to the true meaning of these presents as by the said Sir G. H. and his assigns or any of them his or their Council learned in the Laws of this Nation shall be in that behalf advised or devised and required so that such person and persons who are to make such further assurance as aforesaid be not therein compelled to travel further than to the City of London and Westminster Which said other assurance so to be had and made as aforesaid shall be and enure and shall be adjudged and taken to be and enure and by the said parties is hereby so declared to the only use and behoof of the said Sir G. H and of his assigns and to none other use or purpose whatsoever In witnesse whereof c. Articles of Agreement for the holding Copy-hold Lands from year to year from the term of c. at a certain Rent c. Articles of Covenants and Agreement bad made and agreed upon the c. day of c. in the c. between R. C. of c. in the County of c. husbandman E. his wife P.C. their son and I. B. of c. in the said C. husbandman of the one part and T.P. of c. in the said C. Yeoman of the other part viz. WHereas the said R.C. by certain Articles of Agreement indented bearing date the c. in the c. year of c. made between the said R.C. and P.C. of the one part and the said I. B. of the other part did for the Considerations therein mentioned covenant promise and grant to and with the said I. B. his Executors and Assigns That he the said I. B. his Executors and Assigns and every of them should have and enjoy from the date of the said Articles from year to year every year for and during the term of Twenty five years then next and immediately following according to the custome of the Mannor of c. all and singular the Lands Meadows Pastures Feedings Commons and Appurtenances belonging to a customary or Copy-hold Tenement with the Back-side Barns Stables and Stalls thereunto belonging and the West-end of the dwelling-house and the Room over-head then in the possession of one S.S. except and alwayes reserved unto the said R. C. and P. C. and every of them their assignee or assigns all the other part of the dwelling-house then in the possession of the said R. C. and P.C. with the Garden and one Cow-Pasture and five acres of Arable Land whereof one acre and hallyeth at a place called the Quarre one acre by the piece in the East-field half an acre in Rudlands in the same Field one acre in the West-Rowden and one acre called Cecelies with free ingress egress and regress thereunto at all times and seasons convenient without the lawful let disturbance or interruption of him the saiâ— J. B. his assign or assigns if they the said R.C. and P.C. or either of them shall happen so long to live and likewise should have and enjoy during the said term limited as aforesaid the uâ— of the Eastern part of the Back-side as it was then divided and appointed all which recited premisses belongeth unto one customary or Copy-hold Tenement with the appurtenances in â— aforesaid parcel of the Mannor of c. abovesaid which the said R. C. then had and enjoyed during his natural life according to the custom of the said Mannor the Remainder whereof after the decease of the said R. being expectant unto the said P. his Son by way of succession according to the said Custom as in and by the said Articles of Agreement amongst other Covenants and agreements therein also contained at large it doth and may appear It is now concluded and agreed by and between the said parties to these presents touching and concerning the premisses in manner and form following that is to say First the said J. B. for himself his Heirs Executors and Administrators and every of them doth covenant promise and grant to and with the said T.P. his Executors and Assigns by these presents That he the said T.P. his Executors and Assigns and every of them for and in consideration of the Sum of 20 l. of lawful money of England to be paid to the said I. B. by the said I. P. in manner and form hereafter expressed shall and lawfully may for and notwithstanding any act or deed that the said I. B. hath done to the contrary have and enjoy from and after the day of the date hereof from year to year every year for and during the term of ten years then next and immediately following according to the custom of the said Mannor of c. all and singular the recited premisses mentioned in the said recited Articles of agreement except as is therein excepted if they the said R. C. and P.C. or either of them so long shall happen to live without the lawful let disturbance or interruption of him the said I.B. his assign or assigns And the said T. P. for himself his Executors Administrators and assigns doth covenant promise and grant to and with the said I. B. his Executors Administrators and Assigns by these presents That he the said T. P. his Executors Administrators and Assigns shall and will well and truly pay or cause to be paid unto the said I. B. his Executors Administrators and Assigns for the Rent of the said premisses for the said Ten years the Sum of 20 l. of lawfull money of England that is to say 10 l. thereof at the Feast day of the Birth of our Lord Christ now next ensuing the date hereof and the other 10 l. residue of the said Sum of 20 l. on the Feast day of the Nativity of St. John the Baptist now next also ensuing the date hereof and that he the said T. P. his Executors or Assigns nor any of them shall sell cut down top lop or shrowd any the Trees or quit-sets growing upon the recited premisses Item The said R. C. and P. C. for themselves and either of them for himself their Executors and Administrators and every of them doth covenant promise and grant to and with the said T.P. his Executors and Assigns by these presents That he the said T.P. his Executors and Assigns and every of them for and in consideration that they the said R. C. and P.C. are indebted unto the said T. P.
by Obligation in the Sum of 10 l. with condition thereunto for payment of 20 l. which Obligation is become forfeited and which is now delivered up to the said R. C. and P.C. at the ensealing and delivery hereof to be cancelled shall and may likewise have and enjoy from and after the date hereof from year to year every year for and during the said term of Ten years then next and immediately following according to the custome of the said Mannor of c. the Milk-house parcel of the said customary or Copy-hold Tenement the Chamber over the Kitchin and also the Barn Stable and all other the Out-houses whatsoever to the said customary or Copyhold Tenement belonging together with the use of the Kitchin and Back-side in common with the said R. C. and P.C. And further That the said T.P. his Executors and Assigns for the consideration aforesaid shall and may likewise have and enjoy during the said term the said recited five acres of Arable Land so excepted and reserved unto the said R. C. and P.C. their assign and assigns amongst other things out of the said recited Articles of agreement as aforesaid so as the said R. C. and P. C. and their assigns shall and may have two acres thereof yearly the one to be sowen to Wheat and the other to Barley The said R. C. and P. C. finding the Seed yearly but to be dunged with the Fold eared and sowen by the said T.P. his Executors and Assigns in as good sort manner and form as the said T. P. drudge ear and sow his own Land and together also with free ingress egress and regress thereunto at all times and seasons convenient without the lawful let disturbance or interruption of the said R. C. and E. his wife and P. C. or any or either of them if they the said R. C. and P. C. or either of them shall happen so long to live And further also That it shall and may be lawfull to and for the said T. P. his Executors and Assigns to have and enjoy all other the premisses herein mentioned according to the Covenant herein made by the said J. B. without any let contradiction or denial of them the said R. C. and E. his wife P. C. or any or either of them Item It is further concluded and agreed That if the said R. C. shall happen to decease before the end of the said Ten years and that the said E. his wife shall be then living whereby the said premisses shall come unto her during her Widowhood according to the custome of the said Mannor of c. that then she the said E. shall and will permit and suffer the said T. P. to hold and enjoy all the said premisses during the remainder of the said ten years that shall be then to come next after the decease of the said R. if she shall so long live and continue a Widow Item It is also concluded and agreed That the said R. C. and P. C. or one of them or their Assigns shall and will satisfie and pay or cause to be paid all Rents Duties and other payments whatsoever hereafter to be due payable or issuing out of the premisses and thereof discharge and acquit the said T. P. his Executors and Assigns during the said term and shall and will also during the said term repair and amend as well all the houses and Buildings in and upon the premisses as also every the Hedges and Fences of the premisses during the said term And the said T.P. for himself his Executors Administrators and Assigns and every of them doth covenant promise and grant to and with the said R.C. and P. C. and either of them their Executors Administrators and Assigns by these presents That it shall and may be lawful notwithstanding these presents to and for the said R. C. and P.C. and their assigns to have and enjoy the Corn and Grain now growing and being in and upon the premisses for this Summer season at times convenient with free ingresse egresse and regresse to cut mow carry away and house the same in the Barn of the customary Tenement and to use the said Barn for the thrashing out of the said Corn and Grain untill the Feast of c. next ensuing Item It is also agreed by and between the said parties to these presents That it shall be lawful to and for the said T.P. his Executors and Assigns in the end of the said term or determination of these presents to have and enjoy the corn and grain that shall be then growing and being in and upon the premisses or any part thereof with free ingresse egresse and regresse to cut mowe carry away and to house the same in the Barn of the said customary Tenement and to use the said Barn for the thrashing out of the said corn and Grain until the Feast of c. then after ensuing Item It is also agreed That the said T. P. his Executors and Assigns shall and will in the end of the said term lay in haine the Meadows and grounds of the premisses the first day of May and so leave the same unto the said J. B. without suffering the same to be eaten with Cattel or spoiled and shall and will spend all the Straw and Fodder in and upon the premisses that shall be yearly made in and upon the premisses and not elsewhere and shall and will also allow unto the said R. C. and P. C. an hundred and half of Reed yearly to be laid upon the houses of the said premisses And for performance of all and singular the Covenants and Agreements aforesaid on the part and behalf of the said R. C. and P. C. or either of them to be performed they the said R. P. and P. C. do bind themselves their Heirs Executors and Administrators unto the said T. P. his Executors and Administrators in the Sum of 80 l. of lawful money of England firmly by these presents In witnesse c. An Obligation and a Condition from a Bayliff and his Sureties to a High-Sheriff Know all men by these presents That we A. B. C. D. E. F. of c. in the County of c. G. H. of _____ in the County of c. and J. K. of c. in the County aforesaid _____ do hold our selves to be firmly bound unto L. M. High-Sheriff of the County of c. aforesaid in c. pounds of good and lawfull money of England To be paid to the said High-Sheriff or to his certain Attorney Executors Administrators or Assigns To which payment well and truly to be made we bind our selves and every one of us by our selves for the whole and in the whole our Heirs and Administrators firmly by these presents sealed with our seales Dated the c. in the year of our Lord c. THe Condition of this Obligation is such That whereas the above-named c. Esq High Sheriff of the County of c. aforesaid hath made assigned constituted
said W. L. should so long live together all those and every the said Lands Meadows Pastures Layes and Hereditaments before mentioned of them the said W. L. and A. his wife lying in S. fields and W. aforesaid or in either or any of them in the said County of Y. except as hereafter is excepted and that in consideration thereof the said W. L. and A. his wife and their Heirs Assigns should have and enjoy for and during the term of sixty years if the said W. L. and A. his wife should so long live together all the arable Lands Layes Meadows Pastures and Hereditaments with the appurtenances containing by estimation two hundred acres be they more or lesse lying and being in the Northfield of S. aforesaid in the said County of Y. as the same was then measured dowled and staked out by M. F. Gent. and I. B. then appointed by the said T. C. only Surveyors of the said Mannor And also all those nine acres of Meadow c. by estimation lying and being in S. aforesaid c. It is now therefore fully concluded and agreed by and between all the said parties to this present Indenture that the same premisses shall be demised and letten in exchange in manner and form hereafter following That is to say The said W. L. and A. now his wife have demised granted and to farm-let in exchange and by these presents do demise grant and to Farm-let in exchange unto the said T. C. all those Exchange their and either of their arable Lands Layes Meadowes Pastures Hadds Flats and Hereditaments with the appurtenances set lying and being within the three several Fields of S. aforesaid called c. or in any of them in the said County of Y. containing by estimation Two hundred acres be there more or lesse now or late in the tenure or occupation of the said W. L. or of his assigns which late were the inheritance of R. B. now deceased and the inheritance whereof after his death descended and came unto I. B. as Son and Heir of the said R. B. Except and out of this present Demise and grant alwayes reserved unto the said W. L. and A. his wife c. as heretofore he or they have usually had and enjoyed for and in respect of all the premisses or as appurtenant to the same To have and to hold the said Arable Lands Layes Meadows Pastures Hadds Flats and Hereditaments and all other the premisses before mentioned to be Demised and granted by the said W. L. and A. now his wife as aforesaid with their and every of their appurtenance except before excepted unto the said T. C. his Executors Administrators and Assigns from the Feast of M. next coming after the date hereof for during and until the full end and term of sixty years thence next c. if the said W. L. and A. now wife of the said W. L. do or shall so long live together yielding and paying therefore yearly during the said term by these presents granted unto the said W. L. and A. his wife and their assigns 1 d. of good c. at the Feast of M. only if it be lawfully demanded In consideration whereof the said T. C. hath Demised granted and to farm-letten in exchange and by these presents doth Demise grant and to farm-let in exchange unto the said W. L. and A. his wife all and every the said Arable Lands Lays Meadows Pastures and Hereditaments with their appurtenances of him the said T. C. containing by estimation Two hundred acres be they more or lesse lying and being in N. field of S. aforesaid as the same is now measured dowled and staked out by the said F. M. and I. B. and also all those nine acres c. in a place there allotted and set out amongst other for the Cottages there as aforesaid To have and to hold all the said Arable Lands Lays Meadows Pastures and Hereditaments and all and singular other the premisses before mentioned to be Demised and granted in exchange by the said T. C. aforesaid with their and every of their appurtenances unto the said W. L. and A. his wife and their assigns c. for during and until the full end and term of sixty years from thence c. if the said W. L. and the said A. now wife of the said W. L. do or shall so long live together yielding and paying c. ut antea And the said W. L. doth by these presents covenant c. in manner and form following that is to say That they the said W. L. and A. now his wife Discharged of former Estates and Incumbrances their Executors Administrators and Assigns or some of them shall or will from time to time and at all times from henceforth for and during the said term of sixty years if the said W. and A. now wife of the said W. L. do or shall so long live together clearly acquit exonerate and discharge or otherwise save and keep harmlesse and indemnified as well the said T. C. his Heirs Executors Administrators and Assigns and every of them as also the said premisses before mentioned to be demised and leased in exchange by the said W. L. and A. his wife to the said T. C. and every part and parcel thereof of and from all and all manner of former and other estates charges incumbrances chief Rents troubles and demands whatsoever had made committed or done by him the said W.L. and A. his wife or either of them or by any other person or persons lawfully claiming by from or under them or either of them whereby or wherewith the same premisses or any part thereof shall or may be charged or incumbred or whereby the said T. C. his Executors Administrators or Assigns shall or may be charged incumbred or damnified of or by reason of the same premisses or any part thereof except before excepted And likewise that he the said T. C. his Heirs Executors Administrators and Assigns shall and may at all times hereafter and from time to time during the said term of sixty years For quiet enjoying if the said W. and A. now wife of the said W. L. do or shall so long live together peaceably and quietly have hold occupy and enjoy all and every the premisses to him the said T. C. Demised and granted in exchange as aforesaid and every part and parcel thereof with the appurtenances except before excepted without any manner of lawful let trouble interruption or disturbance of them the said W. L. and A. his wife or either of them or of any other person or persons lawfully claiming by from or under them or any of them And the said T. C. doth covenant for himself ut W. L. antea mutat mutand And whereas it was intended and meant by and between all the parties to these presents That the said I. B. to whom the right of Inheritance of the premisses mentioned to be Demised to the said T. C. as aforesaid doth belong
or mentioned which on the part and behalf of the said M. C. her Executors and Assigns from henceforth for or in respect of the premisses are or ought to be paid done and performed and the covenants clauses and agreements in the said recited Indenture of Assignment expressed and contained which on the part and behalf of the said H.B. and R.H. their Executors Administrators and Assigns or either or any of them are or ought to be observed performed fulfilled and kept onely except and foreprized The like for R.H. And the said R.S. doth covenant c. to and with the said H.B. R. their executors administrators and assigns and every of them For discharging the rent to the King of England at all times hereafter and from time to time clearly to acquit exonerate and discharge or otherwise sufficiently to save and keep harmless the said H. B. and R. H. their executors administrators and assigns and every of them as well against the King his heirs and successors as against all and every other person and persons whatsoever of for and concerning the said rent covenants causes and agreements before mentioned and excepted and of and from all manner of sutes charges troubles incumbrances and demands whatsoever which for or by reason thereof at any time or times hereafter can oâ— may come grow or be to or against the said H. B. and R H. their Executors Administrators or Assignes or any of them A Covenant for quiet enjoying discharged of incumbrances from M. C. as from H. B. Another Covenant from R. S. to M. C. for discharging the Rent to the King as is last before to H. B. and R. H. And lastly the said M. C. doth covenant c. For further assurance c. to and with the said R. S. c. that she the said M. C. her Executors and administrators shall and will at all time and times hereafter for and during the space of two years next ensuing the date hereof at the reasonable request and at the costs and charges in the law of the said R. S. his Executors or Assigns do make and execute or cause to be done made and executed all and every such further lawful and reasonable acts things and devices in the law whatsoever for the discharge of any covenant clause or agreement in the said recited Indenture of assignment mentioned and contained wherewith the said R. S. his Executors or Administrators as assignee or assigns of or to the said H. B. and R. H. or either of them can or may be charged or chargeable and for the extinguishing of the said proviso or condition in the said Indenture of Assignment contained and of all such estate and interest as she the said M.C. her Executors or Administrators now hath or shall can or may by any means have claim or pretend to have in or to the premisses or any parcel thereof And for the further better and more perfect assurance surety sure making and conveying of the said Scite and capital Messuage and other the premisses and of every part and parcel thereof unto the said R. S. his Executors and Assigns for and during all the rest and residue of the said term of twenty one years which at the time of the making of any such further assurance or doing any such act shall be to come and unexpired as by the said R.S. his Executors or Assigns or his or their councel learned shall be reasonably devised advised or required A Bargain and Sale upon Condition made to Feoffees in trust THis Indenture tripartite made c. between Sir H. H. c. of the first part R.L. and G.L. of the second party and E.T. and G.B. of the third party witnesseth That the said Sir H.H. R. L. and G. L. for the considerations herein after mentioned have granted enfeoffed and confirmed and by these presents do fully clearly and absolutely grant enfeoffe confirm and deliver unto the said E.T. and G.B. all that the Mannor or Lordship of E. in the County of L. with all and singular the rights members and appurtenances of the same And also all and singular the Messuages Coâ—tages Lands Tenements Meadows Pastures Feedings Rents Reversions Services Heaths Moors Commons Closes Woods Under-woods Wasts Waifes Straies Escheats Wards Courts Leets Perquisites of Courts Royalties Profits and Hereditaments with the appurtenances to the same Mannor or Lordship belonging or in any wise appertaining or which now be or at any time heretofore within the space of Thirty years now last past have been used reputed accepted known occupied let or set as part parcel right or member of the said Mannor or Lordship and also all and singular other the Mannors Messuages Lands Tenements Rents Reversions Services and Hereditaments scituate lying and being in E. and E. in the County of L. or in either of them which at any time heretofore were the possession or inheritance of Sir J. H. deceased Father of the said Sir H. And also all that the Advowson and Patronage of the Parish Church of E. aforesaid and all and singular the Rents and yearly Profits whatsoever reserved upon any Demise or Grant heretofore made or granted of the premisses or of any part or parcel thereof and the Reversion and Reversions whatsoever of all and singular the same premisses and of every parcel thereof And also the said H.H. R.L. and G. L. for the considerations herein after mentioned have granted assigned and confirmed and by these presents do c. unto the said E.T. and G.B. all the estate right title interest use and possession whatsoever which they the said Sir H.R. and G. and every or any of them have or hath or may might should or of right ought to have or claim of in or to the said Mannor or Lordship and all other the premisses herein before mentioned to be granted enfeoffed assigned or confirmed and of in and to every part and parcel thereof with the appurtenances together with all and all manner of Deeds Evidences Charters Writings Escripts and minuments which they and every or any of them have or hath touching or concerning only the premisses or onely any part or parcel thereof To have and to hold the said Mannor or Lordship of E. Mannors Messuages Lands Tenements Rents Reversions Services Hereditaments and all singular other the premisses herein before mentioned to be hereby granted or conveyed and every parcel thereof with the appurtenances unto the said E.T. and G. B. and their heirs to the only uses intents provisoes conditions and limitations hereafter specified and declared and to none other use intent or purpose that is to say to the only use and behoof of the said R L. and G.L. and of their Heirs and Assigns for ever with and upon the condition hereafter specified and declared that is to say Provided alwayes That if the said Sir H. H. c. do well and truly satisfie content and pay or cause to be contented satisfied or paid unto the said R. L.
reserved upon any demise lease or grant demises leases or grants heretofore made or granted of the premisses or of any part or parcel thereof and the Reversion and Reversions Remainder and Remainders of all and singular the premisses and of every part parcel thereof and also the said R.M. for the consideration aforesaid hath granted bargained and sold and by these presents doth fully and clearly grant bargain and sell unto the said R. L. and G. L. their heirs and assigns for ever all the estate right title interest use possession reversion property condition claim and demand whatsoever which he the said R. M. hath or had or shall should may might or of right ought to have or claim of in or to the said Mannor and Lordship of C. Rectory Advowson Messuages Lands Tenements Hereditaments and all and singular other the premisses with the appurtenances before in and by these presents granted bargained and sold or of in or to any part or parcel thereof Habendum To have and to hold all the said Mannor and Lordship Rectory Advowson Messuage Lands Tenements Meadows Feedings Pastures Commons Rents Reversions Services Hereditaments and all and singular other the premisses herein before mentioned meant or intended to be hereby given granted bargained and sold and every part and parcel thereof with all and singular the Rights Members and Appurtenances unto the said R. L. and G.L. their heirs and assigns to the onely proper use and behoof of them the said R. L. and G. L. and of their heirs and assigns for ever And the said R.M. and his heirs the said Mannor c. ut in al. Warranty Warran c. In cujus rei c. An Indenture of Covenants to the former Indenture Whereupon a Recovery is passed THis Indenture made the c. between Sir R. M. of c. of the one party and R. L. c. and G. L. of the other party Whereas the said R. M. by an Indenture of Bargain and Sale bearing the date hereof and sealed and delivered with these presents for the Causes in the same Indenture mentioned and expressed doth give grant bargain sell and confirm unto the said R. L. and G. L. their heirs and assigns for ever all that the Mannor and Lordship of C. c. and divers other Lands and Tenements as by the same Indenture of Bargain and Sale amongst other Covenants grants and agreements therein mentioned more at laâ—ge it doth and may appear Now this Indenture witneâ—◠〈◊〉 That the said R.M. for the consideration in the said Indenâ—â—â—◠〈◊〉 Bargain and Sale mentioned hath bargained and sold and by these presents doth bargain and sell unto the said R. L. and G. L. their heirs and assigns for ever All and all manner of Deeds Evidences Charters Writings Escripts For delivery of Evidences Court-Rolls Books of Survey Books of Accompt Rentals Counterparts of Leases Terrors Boundaries and Minuments whatsoever any way touching or concerning the said Mannor and Lordship rectory advowson messuages lands tenements and other the Premisses with the appurtenances or any part or parcel thereof All which said deeds evidences writings escripts Court-Rolls books of Survey books of accompt Rentals Counterparts of Leases Terrors Boundaries and Minuments before mentioned Forster or so many of them as now be in the hands custody or possession of the said R.M. or of any other person or persons to his use or by his delivery or which he knowing where they are may lawfully get or come by without sute in the law together with true Copies of all Deeds Evidences Writings and Minuments as do touch or concern the premisses or any part or parcel thereof joyntly with any other lands or tenements the same Copies to be written and copied out at the costs and charges of the said R. L. and G L. their heirs and assigns And the said R.M. for himself his Heirs Executors and Administrators doth covenant c. to and with the said R. L. and G. L. their and either of their heirs and assigns and every of them by these presents to deliver or cause to be delivered unto the said R. L. and G. L. their heirs and assigns or to some of them For being seized on this side and before the Feast of c. whole safe uncancelled and undefaced And the said R. M. doth covenant c. in manner and form following viz. That he the said R. M. at the time of the ensealing and delivery of these presents is and standeth and so until a good and lawful estate shall be vested and executed in the said R. L. and G.L. and their heirs according to the intents and true meaning of these presents shall be and stand and be the very true sole lawfull and perfect owner and rightfully and absolutely seized of the said Mannor and Lordship and of all and singular other the Premisses with the appurtenances in the said Indenture mentioned meant or intended to be thereby given granted bargained and sold in his Demeasn as of Fee-simple or Fee-tail general to his own proper use and behoof without any manner of condition or limitation of any use or uses to alter change or determine the same And that there is not nor before the execution or vesting of the said estate No Reversion in the King there shall be any Reversion or Remainder thereof or of any part or parcel thereof c. or in any other person or persons And also that he the said R. M. now hath and untill he executing and vesting of the said estate shall have full power lawful and rightful authority to convey and assure the saiâ— Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and all and singular other the above mentioned bargained Premisses with the appurtenances unto the said R.L. and G. L. their heirs and assigns for ever in form aforesaid And the said R. M. doth covenant c That the said Mannor and Lordship Rectory Advowson Messuages Lands Discharge of incumbrances Tenements and all and singular other the Premisses before by the said Indenture given granted bargained and sold or meant mentioned or intended to be thereby given granted bargained and sold and every part and parcel thereof with the appurtenances at the ensealing and delivery of these presents are and be and so at all times hereafter for ever shall be remain and continue unto the said R.L. and G. L. their heirs and assigns free and clearly acquitted exonerated and discharged or otherwise well and sufficiently saved and kept harmlesse of and from all and all manner of bargains sales gifts grants leases joyntures dowers annuities statutes-merchant and of the staple recognizances uses wills intails fines for alienation without licence post fines rents charge-rents seck arrerages of rents amerciaments intrusions primer-seisins condemnations judgements extents executions claims duties debts of Record debts to the c. and of and from all other charges estates titles troubles incumbrances and demands whatsoever had made
And further and all and every such other act and acts thing and things assurance and assurances conveyance and conveyances in the Law whatsoever for the better more perfect sure and absolute conveying and assuring of all and singular the said Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and all other the premisses with the appurtenances by the said recited Indenture mentioned or intended to be granted bargained and sold unto the said R. L. and G. L. their heirs and assigns for ever absolutely without any manner of Condition Mortgage or Redemption be it by fine or fines feoffment Recovery or Recoveries with single or double voucher or vouchers deed or deeds enrolled or not enrolled the enrollment of these presents release confirmation or by all or any of them or otherwise by any other lawful and reasonable act and devise with wartanty of him the said R. M. and his Heirs against all men or otherwise without warranty if it be so required as shall be reasonably devised or advised by the learned Council of the said R. L. and G. L. their heirs or assigns or some or one of them And it is covenanted granted concluded and agreed by and between all the said Parties to these presents That T. and W. P. by Writ of Entry For passing of a Recovery Sur disseism en le post to be by them sued forth at the costs and charges of the said R. L. and G. L. out of the High-Court of Chancery and to be returned into the Court of Common-Pleas at Westminster before the Justices there against them the said R. L. and G. L. then in possession of the said Premisses shall recover the said Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and other the Premisses mentioned meant or intended in or by the said recited Indenture to be bargained and sold with their rights members and appurtenances in due form of Law against the said R. L. and G. L. then being Tenants of the said Premisses with the appurtenances by some name and names in the said Writ and Recovery to be contained and upon the said Writ and proceeding thereupon the said R L. and G. L. after appearance shall vouch over to warrant the said R. M. and that the said R. M. shall thereunto appear and vouch over to warrant the Common vouchee and that each of them the said R. L. and G. L. and the said R. M. shall do and suffer all and whatsoever to them and either of them in that behalf shall belong and appertain for the suffering a good and perfect Recovery of all the said Mannors Lordships Lands Tenements and other the Premisses mentioned in the said Indenture to be thereby given granted bargained and sold unto the said R. L. and G. L. according to the course of Common Recoveries and Assurances of Lands in such Cases used and that the said Recovery shall in due form of law be executed by the Writ of Habere facias seisin accordingly And it is by these presents likewise fully concluded agreed and declared by and between all the Parties unto these presents To lead the use of the Recovery That the said Recovery and all other Recoveries whatsoever had made knowledged levied executed or suffered or to be had made knowledged executed or suffered of the Premisses or of any parcel thereof by or betwixt the said Parties or any of them and the full force and execution of the same and every of them shall be and enure and shall be had taken confirued esteemed and adjudged to be and to enure to the only uses provisoes conditions and limitations before herein mentioned according to the true intent and meaning of the said Indenture and of these presents and to no other use behoof intent or purpose whatsoever And it is further covenanted conditioned concluded and fully agreed by and between the said Parties to these presents For payment of a further sum of money for the absolute purchase of the land mortgaged and the true intent and meaning of the said Parties to these presents is and the said R. L. and G. L. do covenant c. That if the said R. M his Heirs Executors Administrators or Assigns or any of them do not pay or cause to be paid unto the said R. L. and G. L. their Executors Administrators or Assigns nor to any of them the said Sum of 800 l. c. at the day and places of payment thereof above mentioned but shall make default of payment thereof or of any part or parcel thereof according to the true meaning of the said Proviso or condition whereby or by reason whereof the premisses and every parcel thereof shall become absolute to the said R. L. and G. L. their heirs and assigns according to the true intent and plain meaning of these presents that then they the said R. L. and G. L. their Heirs Executors Administrators or Assigns or some of them shall and will pay or cause to be paid unto the said R. M. his Heirs Executors Administrators or Assigns at or c. the full sum of c. in manner and form following that is to say on the c. day of c. the sum of 120 l. and within one whole year next ensuing the day of the death of the said R. M. the Father the sum of 100 l. at the end of one other whole year then next following one other 100 l. and at the end of one other whole year also then next ensuing one other 100 l. in full satisfaction of and for the clear and absolute purchase of the said Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and of all and singular other the premisses in the said Indenture mentioned to be thereby given granted bargained and sold and of every part and parcel thereof with the appurtenances In witness c. Covenants for surrendring of Copy-hold Lands And the said D. S. for the consideration before in these presents expressed doth further covenant promise and grant for her self For making a Surrender her Heirs Executors and Administrators and for every of them to and with the said J. P. his Heirs and Assigns by these presents That she the said Dame S. S. or her Heirs shall and will on this side and before the Feast of c. at the charges in the Law of the said J. P. his Heirs or Assigns make and suffer or cause to be made and suffered a good and sufficient Surrender in Law to the use of the said J. P. his heirs and assigns for ever according to the custome of the Mannor of C. of one Field or Close of Pasture c. And so recite the Land verbatim for every part and parcel thereof with the appurtenances being parcels of the said Mannor of C. and which late were the Copy-hold inheritance of T. C. deceased according to the custome of the said Mannor And the said Dame S. doth covenant c. That the said
this effect following viz. In consideration whereof the said R. L. and G. L. for themselves their Heirs Executors and Assigns and every of them do covenant and grant to and with c. by the se presents That if neither the said H.H. his heirs or assigns nor any of them do pay the said Sum of 4000 l. c. to the said R. L. and G. L. their Heirs Executors Administrators and Assigns nor to any of them according to the intent and true meaning of the said proviso or condition before herein mentioned that then they the said R. L. and G. L. their Executors Administrators or Assigns or some of them shall and will well and truly pay or cause to be paid unto the said H. H. his Executors Administrators or Assigns or some of them at the said c. the Summe of 1000 l. c. at or upon the second day of c. as the residue and in full satisfaction of the clear and absolute purchase of the said Mannor or Lordship Lands Tenements and other the premisses without fraud coven or further delay as in and by the said recited Indenture dated the said first day of c. amongst divers other Covenants Grants Articles and Agreements therein contained more plainly at large it doth and may appear Now this Indenture witnesseth That the said H. H. for divers good and sufficient causes and considerations him the said H. H. especially moving hath remised released and quit-claimed and by these presents doth for him and his heirs remise release and for ever quit-claim unto the said R.L. and G. I. in their full and peaceable possession and seisin being of the Premisses and to their heirs and assigns to the only proper use and behoof of them the said R.L. and G. L. their heirs and assigns for ever the said proviso and condition and all and every article matter and clause concerning the same and all and every the said covenants before herein recited and every article sentence and clause concerning the same and every or any of them all the estate right title interest claim condition entry benefit and demand whatsoever which he the said H.H. hath or may might should or ought to have claim of in or to the said Mannor or Lordship of E. Mannors Messuages Lands Tenements Rents Reversions Services c. and all other profits liberties commodities hereditaments and other the Premisses with their and every of their rights members and appurtenances whatsoever mentioned or expressed or intended to be given granted bargained and sold in or by the said recited Indenture dated the said first day of c. and of in and to every part and parcel thereof with the appurtenances and all manner of conditions covenants articles for conditions broken and demands whatsoever of touching or in any wise concerning the said Mannor or Lordship Lands Tenements and other the Premisses or any part or parcel thereof so that neither he the said H. H. nor his heirs or any of them nor any other person or persons for him them or any of them or in his or any of their name or names or in the name or names of them or any of them shall or will at any time or times hereafter ask claim challenge or demand to have any manner of estate right title interest or demand of in or to the said Mannor or Lordship and other the premisses or any part or parcel thereof other than such estates terms and interests as are in the former recited Indenture excepted But that he they and every of them except before excepted shall be thereof and of and from every part and parcel thereof from henceforth utterly barted and excluded for ever by these presents And further the said H. H. doth for him and his heirs confirm the estate of the said R. L. and G. L. of and in the said Mannor or Lordship Messuages Lands Tenements and other the Premisses To have and to hold all the said Mannor or Lordship Lands Tenements and other the Premisses to the said R. L. and G. L. their heirs and assigns for ever absolutely without any manner of condition whatsoever to the only proper use and behoof of them the said R. L. and G. L. their heirs and assigns for ever And the said H.H. and his heirs the said Mannor or Lordship Lands Tenements Hereditaments and all and singular the Premisses with their and every of their appurtenances unto the said R.L. and G. L. their heirs and assigns to the only proper use and behoof of them the said R. and L. their heirs and assigns for ever against all men shall and will warrant and for ever defend by these presents And the said H.H. doth also by these presents remise release and quit-claim unto the said R.L. and G.L. their heirs and assigns all manner of Errors Foster Writs of Error and personal demands whatsoever In witnesse whereof c. An Indenture of allotment of several parts of Lands THis Indenture sextipartite made c. between W. C. on the one part E. D. and D. his wife on the second part P. H. and F. his wife on the third part R.P. and M. his wife on the fourth part W.C. and E. his wife on the fifth part and T. L. and F. his wife on the sixth part Witnesseth That whereas divers and sundry Mannors Lands Tenements Rents Reversions Services and Hereditaments with the appurtenances late the inheritance of the late Lady J. B. deceased sometimes wife of the Right Honourable Sir E. B. Knight likewise deceased set lying and being in divers and sundry Countries Shires and places within the Territories of England by and after the death of the said Lady J. B. did lawfully descend and come and of right ought to descend and come unto the said W.C. E.D. and D. his wife P. H. and F. his wife R.P. and M. his wife W.C. and E. his wife T.L. and F. his wife that is to say to the said W.C. as Cosin and one of the coheirs of the said Lady J. B. that is to say Son of the Lady A. C. deceased daughter of the said Lady J. B. by G. C. Knight Lord C. late husband of the said Lady A. now likewise deceased lawfully begotten to the said D. C. and D. his wife in the right of the said D. one other of the Daughters and Co-heirs of the said Lady J. B. To the said P.H. and F. his wife in the right of the said F. one other of the Daughters and Co-heirs of the said Lady J.C. To the said R.P. and M. his wife c. one other of the Daughters and Co-heirs of the said Lady J. B. to the said W. C. and E. his wife as in the right of the said E. one other of the daughters and co-heirs of the said Lady J. B. and to the said T. L. and F. his wife as in the right of the said F. one other of the Daughters and co-heirs of the said Lady J. B. by reason whereof the
said W. C. E. C. c. into the said Mannor Messuages Lands Tenements and Hereditaments with their appurtenances entred and were thereof seized in Coparcionari That is to say the said W. C. in his own right and the said E. C. and R. P. c. and their said wives in the right of their said wives and they being thereof so seized of their wills and mutual assent and agreement the seventh day of c. last past before the day of the date hereof did make partition thereof in manner and form following that is to say they did grant and indifferently divide and sever all the Mannors Messuages Lands Tenements and Hereditaments with their appurtenances to them descended and come as is aforesaid and which he hereafter expressed into six several parts or shares and agreed that every of the said six severall parts should be severally written and mentioned in a scroul of paper by it self and that afterwards every of the said six several scrouls of paper should be by an indifferent man thereunto appointed by their mutual assents severally inclosed and covered in and with wax made like little balls of like bigness and weight so as no man may see any of the scrouls and that then the said little balls of wax should be put in a bonner to be kept in the hands of an indifferent man thereunto appointed by their mutual assents and that the said W. C. being heir unto the eldest Daughter of the said Lady J. B. or his Deputy thereunto sufficiently authorized should first put in his hand into the said bonnet and should first take and choose out of the same bonnet one of the said balls and that he should have and hold to him and to his heirs for ever for his part portion and purport of the Premisses only those of the said Mannors Lands Tenements and Hereditaments that should be mentioned and written in the scroul inclosed and covered in and with the ball of wax that he or his said Deputy for him shall take and choose and that the said W. C. having married the said E. being the second Daughter of the said Lady J. C. or his Deputy thereto sufficiently authorized should for him the said W. and the said E. his wife being the second Daughter of the said Lady B. secondly put in his hand c. and should secondly take and choose c. one other of the said balls And that the said W. C. and E. his wife should have hold and enjoy to them and to the Heirs of the same E. for ever as in the right of the said E. of the premisses only those c. and that the said P. H. c. as Mr. C. mutat mutand and so the other all which was done accordingly And the said W. C. putting in his hand first into the said bonnet and taking and choosing out of the said bonnet one of the six balls wherein was one of the said six scroules in which was written and mentioned the Mannor of W. with the appurtenances late of the said Lady J. B. and all the Lands Tenements Meadows Feedings Pastures Rents Reversions Services and Hereditaments with their appurtenances which were of the said Lady B. in W. M. and W. H. in the County of c. the the Mannor of T. c. And the said W. C. putting in his hand second in the said c. the said P. H. c. the said R. P. c. the said E. C. by his Deputy c. the said T. L. c. Know ye That the said parties and every of them do and doth by these presents for him her and them and his and their heirs assent to the said partition of the Premisses so between them hereof made and had as aforesaid And that every of them doth and do for him her and them and his and their heirs accept and take the part portion and purpart to him her and them happened and allotted as is aforesaid in full recompence of his her and their part portion and purpart of all the Mannors Lands Tenements and Hereditaments to him her and them and any of them descended or come from the said Lady B. And that every of the said parties doth and do for him her and them and his and their heirs ratifie and confirm the said portion and also that every of the said parties doth and do for him her and them and for his her and their heirs ratifie and confirm to the other of them and their heits the Mannors Lands Tenements and Hereditaments to the other of them allotted and happened by vertue of the partition as is aforesaid as also all the estates and interests which the other of them hath therein and to the intent that no dissention or variance should hereafter happen or arise betwixt the said parties to these presents their heirs or assigns or any of them for touching or concerning the said Mannors Lands Tenements and Hereditaments with their appurtenances or any part or parcel thereof it is covenanted granted condescended concluded and fully agreed between the said parties to these presents their Heirs and Assigns in manner and form following That is to say first the said W. C. covenanteth and granteth for him his Heirs Executors and Administrators by these presents to and with the said C. D. and D. his wife and the heirs and assigns of the said D and to and with the said P. H. and F. his wife and to the heirs and assigns of the said F. and to and with the said R. P. c. and the heirs and assigns of the said c. and to and with the said W. C. and the said c. and to and with the said T. L. and the said c. severally for their parts portions and purparts of the Premisses that he the said W. C. his heirs and assigns and every of them at all times hereafter and from time to time whensoever he the said W. C. his heis or assigns or any of them shall be thereunto reasonably required by the said E. D. or D. his wife or either of them or the heirs or assigns of the said D. for the said part portion and purpart of the said D. of and in the premisses and by the said P. H. c. and by the said R. P. c. and by the said W.C. c. and by the said T. L. c. To make do acknowledge and suffer or cause to be made done acknowledged and suffered all and every act and acts thing and things for the further and more better assurance and sure making in the Law unto the said E. D. and D. his wife and to the heirs and assigns of the said D. the said part portion and purpart of the Premisses allotted and fallen unto the said E. D. and D. his wife as is aforesaid and unto the said P. H. c. and unto the said R. P. c. and unto the said W. C. c. and unto the said T. L. as by the said
and by these presents do give and grant to the said E. R. allowance of meat and drink for himself within my house at Y. aforesaid daily and yearly at all times and by so long space as any hospitality or houshold shall be kept there To have and to hold occupy exercise and enjoy the said Office of Keeper and other the Premisses unto the said E. R. for term and during the life natural of the same E.R. together with all manner of fees rewards vails and advantages to the same Office belonging incident or appertaining And furthermore know ye That I the said A. B. have given and granted and by these presents do give and grant unto the said E. R. for the exercising of the said Office of Keeper so long as he shall truly and faithfully exercise the same one Annuity or annual Rent of Four pounds of c. To have hold perceive and enjoy the said Annuity or yearly Rent to the said E. R. and his assigns from the c. during the life natural of the said E. R. at the two Terms of the year c. viz. c. by even portions yearly to be paid by the Receiver of my Rents and Revenues the Steward of my house or such other Officer for the time being as I shall appoint for the payment of the rest of my Servants their wages yearly In witness c. A Deputation of a Bayliff or Receiver TO all Christian People c. A. B. Bayliff and Collector of the Rents Farms and Revenues of c. Mannors of G. and E. and of all and singular Lands Tenements Court-Leets Liberties Fiues Issues Amerciaments Reliefs Herriots Waifes Estrayes and other Possessions and Hereditaments whatsoever to the said Mannors belonging with their members and appurtenances in the County of c. parcel of the Lands and possessions of W. late of M. of c. sendeth greeting c. Know ye That I the said A. B. have constituted deputed and appointed and by these presents do c. C. D. of c. to be my lawfull and sufficient Deputy for me and in my behalf to occupy and exercise the said Office of Bayliff and Collector and to exercise execute accomplish receive and do and cause to be exercised executed accomplished received and done all and every such act and acts thing and things as in about touching or concerning the said Office shall be necessary or requisite to be done To have hold exercise and enjoy the said Office unto the said C. D. as Deputy of me the said A. B. for and during the will and pleasure of me the said A. B. in as ample manner and form as I the said A. B. ought or might exercise execute receive accomplish and do in the same if I the said A. B. were might or should be present at the exercising executing accomplishment receiving or doing thereof In witness c. The grant of a Stewardship or keeping of Courts THis Indenture made c. between c. A. S. of S. in the County of S. Gent. of the one party and R. K. of L. in the County of B. Gent. of the other party Witnesseth That whereas our said c. that now is by c. Letters Patents under the Seal of c. Court of Exchequer bearing date at Westminster the c. day of c. in the c year of c. hath amongst divers other things therein contained assigned and appointed the said A. S. to the Office and Offices of Steward and Keeper of Courts and Leets of the Mannor of L. and also of the Mannor of B. in the County of S. during c. pleasure as by the same Letters Patents amongst divers other things therein contained more plainly appeareth Now the said A. S. for divers good causes and considerations him in this behalf specially moving hath made ordained constituted and appointed and by these presents doth make ordain constitute and appoint the said R. K. to be his Deputy to exercise and execute the said Office and Offices of Stewardship and Keeper of Courts and Leets of the said Mannors and to seize and take all Heriots and to take and receive all profits of Courts and Leets which are or shall grow due within the said Mannors or any of them to have enjoy hold exercise and occupy the same Office and Offices to the foresaid R. K. during the will and pleasure of the said A. S. and to receive perceive and take the wages fees allowances profits and commodities heretofore of right due accustomed belonging and appertaining And the said R. K. doth covenant promise and grant for himself his Executors and Administrators by these presents to and with the said A. S. his Executors Administrators and Assigns and every of them in manner and form following viz. That he the said R. K. his Executors and Assigns shall and will from time to time well and truly pay or cause to be paid unto the said A. S. his Executors or Assigns all such Wages Fees Allowances Summe and Summes of Money Heriots Profits of Courts and Leets and other profits and commodities as for or in respect or by reason of the said Office and Offices of Stewardship or keeping of Courts and Leets within the said Mannor as every or any of them shall grow due or payable or as he the said R. K. by reason or in respect of the exercising or executing thereof shall from time to time receive perceive take or make and also that he the said R. K. shall not nor will not at any time or times hereafter do commit or suffer to be done any manner of act or thing whatsoever which shall or may be in any wise prejudicial or hurtful to the said Letters Patents before mentioned or the said A. S. his Deputy or Deputies in exercising or executing the said Patent or any the Office or Offices of Stewardship or keeping of Courts or Leets or any power or authority thereby given or granted or any thing therein contained In witness c. A Licence for a Buck and Doe during the life of the Grantee WE E. D. c. for divers good causes and respects us moving have given and granted and by these presents for us and our heirs do give and grant unto our well-beloved Servant C. D. our Secretary during his life one Buck of season in Summer and one Doe of season in Winter to be had taken hunted and killed at and within our Park of B. in the County of W. either with Dog or Bows by the same C. D. or his Assigns at his or their free liberty choyce and pleasure during his said life Wherefore we will and command you and every of you our Keeper or Keepers there or your Deputy or Deputies for the time being upon the sight hereof or of the true Copy hereof signed by the proper hand of the said C.D. That you and every of you do peaceably and quietly permit and suffer the same C.D. and his Assigns during his
is covenanted and agreed should and would convey and assure or cause to be conveyed and assured unto the Right Honourable H. Earl of D. since deceased and to the said R. H. T. T. J. B. and H. H. and their heirs and to the Survivor of them and his heirs all and singular the Mannors of S. B. and S. in the said County of L. and also all and singular Suits Seigniories Services Franchises Priviledges Court-Leets Perquisites of Courts and Leets View of Frank-pledge and all appurtenances Emoluments and Hereditaments whatsoever unto the said Mannors and Lordships or unto any of them belonging and appertaining and also all and singular his Mannors Messuages Lands Tenements and Hereditaments whatsoever within the several Towns Townships Fields Hamlets Precincts and Territories of S. H. A. and O. and elsewhere in the County of L. to the several uses intents and purposes in the said recited Indenture mentioned expressed and declared and to no other use intent or purpose in any wise The particulars of which said Uses do more plainly appear in and by the said recited Indenture relation being thereunto had In which said recited Indenture of the 35 year of her Highness Reign there is nevertheless contained one Proviso or Clause to the tenor or effect hereafter following that is to say Provided nevertheless c. here recite the Proviso of Revocation verbatim Now therefore it is agreed by and between the parties to these presents and the said E. S. according to the tenor power or liberty of the said Proviso being fully minded and determined to alter the Estate and Estates limited in use in or by the said mentioned Indenture of the 35 year of her Highness Reign unto T. S. of B. and the Heirs males of his body and also the Estate and Estates limited in use in or by the said recired Indentures unto J.S. for term of his life without impeachment of wast and after his decease then to E. S. son of the said J. and the heirs males of his body lawfully begotten doth by these presents and by force and according to the said Proviso or the power or liberty thereof revoke repeal and derermine all and every the said estate and estates in any wise limited in use in or by the said recited Indentures unto the said T. S. of B. and the Heirs males of his body lwfully begotten and also all and every the estate and estates in or by the said Indentures limited in use unto the said J.S. for term of his life and all and every the estate or estates in or by the said Indentures limited in use unto the said E. S. son of the said J. and the heirs males of his body lawfully begotten of in for or concerning all and every the Mannors Lands Tenements and Hereditaments with their and every of their appurtenances in any wise comprised or specified in or by the said Indentures And likewise the said E.S. doth hereby limit publish and declare according to the tenor of the said recited Proviso that all and every the Estates in any wise manner or form limited in use in or by the said recited Indenture unto the said T. S. and the Heirs males of his body lawfully begotten as also all and every the estate and estates in any manner or form limited in use in or by the said Indenture unto the said J. S. for term of his life without impeachment of wast and all and every the estate and estates in any wise manner or form limited in use in or by the said Indenture unto the said E. S. son of the said J. and the Heirs males of his body lawfully begotten shall from thenceforth of in for and concerning all and every the Mannor Lands Tenements and Hereditaments with their appurtenances in any wise comprised in the said recited Indenture shall cease determine be frustrate void and of no farther effect or continuance in Law any the limitations of use or uses in the said mentioned Indenture or any other matter or thing whatsoever to the contrary hereof in any wise notwithstanding And that all and singular the said Mannors Lands Tenements and Hereditaments aforesaid with their and every of their appurtenances and the only use thereof shall from henceforth remain continue and be unto the said E.S. party to these presents and his Heirs for ever and not in any sort manner or form unto the said T. S. and the heirs males of his body nor to the said J.S. for term of his life nor to the said E.S. Son of the said J. and the Heirs males of his body lawfully begotten nor to their or any of their Assign or Assigns In witness whereof c. A Declaration of Uses upon the Revocation above-written TO all to whom these presents shall come E.S. of S. in the County of L. Esq sendeth greeting Know ye That I the said E. S. having before the making hereof revoked reduced and revested the Estate of Inheritance of all and singular my Mannors Messuages Lands Tenements and Hereditaments whatsoever with the appurtenances scituate c. in and to me the said E.S. and my heirs for divers causes and considerations me thereunto moving Have Given Granted and Confirmed and by these presents do Give Grant and Confirm unto A. B. of c. and R.L. of c. all and singular my Mannors Messuages Lands Tenements and Hereditaments whatsoever with their appurtenances To have and to hold the said Mannors c. unto the said A. B. and R. L. their heirs and assigns to the several uses behoofs intents and purposes hereafter in these presents specified and to no other use intent or purpose whatsoever that is to say to the onely sole and proper use of me the said E.S. and my heirs and assigns for ever In witnesse c. We will now Illustrate the matter with some few Cases And first 1. In Trin. 25 H. 8. Barloe and those who were seised in Fee of the Land gave it to Jo Aprice and Joan his wife and the heirs of their two bodies engendered and after Jo. Aprice did discontinue the tayl to the use of Richard his Son and Anne his Wife and to the heirs of the body of the said Richard and after the said John dyed and Joan survived him And after Richard enfeoffed one Thomas a Bastard son in Fee After Anne dyes and one Robert Pattershall and others recover the same Lands against the said Thomas in a Writ of Entry in le Post wherein Thomas vouched the said Richard which voucheth over the common Vouchee and thereupon Judgment and Execution was had After this Joan dyed after whose death Richard dyed without lawfull Issue of his Body and after one Thomas Aprice younger Brother to the said Richard and Son of the said John and Joan brought a Formedon in Descender against Thomas the Bastard son and recovered the Land for that Joane was living at the time of the Recovery had and therefore the first entail was not bound and by the death
at the common Law falfifie 26 H. 8.2 for having but a Chattel derived out of a freehold there is no reason he should falfifie a Recovery which draweth the Fees simple out of the Lessor Also the present Estate upon which the Lease depends being destroyed the Lease must needs be extinct Of Bargaine and Sale by Deed. A Bargain and Sale is a real contract upon valuable considerations for the passing of Lands Tenements or Hereditaments by Deed indented and inrolled within six moneths after the date of it without Livery of seisin or Atturnment of Tenants so as be by Deed indented sealed and inrolled either in the County where the Land lyes or within one of the Kings Courts of Record at Westm within six moneths after the date as we said before Plowd 307. Co. 2 part Inst 672. Concerning which I will give only a few Generals 1. That if one for money grant a Rent without any word of Bargaine and Sale and the Deed be inrolled the Rent will pass without atturnment Cro. 3. part 166. 2. That Lands in London bargained and sold by Tenant in tayle and the Deed delivered after the same year he made Livery to him the Lands pass by the bargain and Sale Yelverton 123 124. 3. That as the very words Bargaine and Sale are not needful to make some Land pass by way of Bargain and Sale where there is an inrolment So inrolment is not necessary in all cases As where a reversion is granted for years only there neither inrolment not atturnment are necessary Cook 8.93 Foxes Case 4. That the makers of the Act 27 H. 8. chap. 10. did not expect that any Land after that Act should pass by way of Limitation of use save only uses upon Bargain and Sale which they did in the same Parliament allow after inrolment And they did presume that little Land would pass that way for that the Bargaine being in the Post might not vouch by force of any warranty annexed to the Estate of the Land Co. 1.120 in Chudleighs Case 5. That to make a good Estate for years by way of Bargain and Sale for Land to pass this may be without inrolment of the Deed But to make a good Estate of the Freehold or Inheritance of Land by way of Bargain and Sale it must have the Requisites of a Deed. viz. 6. It must be by Writing and not by Print or Stamp in Parchment not in Paper nor upon Lead Wood or the like Co. 5.20 2 part Inst 672. 7. That by the Common Law Land might have passed by word for the use only past but now it must be by Deed save only in some Cities Villages and ancient Burroughs where it passeth by Custome Dyer 229. 8. That if a Father in consideration of 10 l. paid to him by his Son doth covenant to stand seised to his use no use will arise without Inrollment Coo. 7.40 9. That the Inrollment upon such a Deed so as to make the Estate to pass must be in Parchment Co. 2. Part Inst 673. 10. The inrolled Deed must be indented for if it be by Deed-Poll the Estate will not pass Dyer 229. The Six moneths given for Inrollment are to be accounted 1. From the date and not from the time of the delivery of the Deed and from the date and from the day of the date is all one 2. After the account of 28 dayes to the moneth and no more 3. The day of the date to be taken exclusive Moors Rep. 40. Case 128. and yet if it be inrolled the same day it bears date it is good If it chance which is very seldome that it have no date then the day of the delivery shall be taken for the date and the six moneths to be cast from thence Mich. 37 38 Eliz. Franklin and Garter's Gase Co. 2. part Inst 674. And if the Deed be not thus inrolled it is of no force at all Co. 5.1 Dyer 218. Co. 11.48 Moors Rep. 41. Case 148. This kind of assurance by Bargain and Sale thus perfected by Inrollment will as effectually transfer the Land as any other Conveyance and therefore the Bargainee of a Reversion albeit he may not have benefit of a Condition upon demands of Rent without giving notice of the bargain and sale to the Lessee and albeit that A. the Conusee by a Fine of a Reversion before Attornment of the Tenant bargain and sell the Reversion to B and that in this case B. cannot distrain for his Rent until he can get Attornment of the Tenant yet the Bargainee shall have benefit of a Condition of an Assignee within 32. H. 8. And it seems he may vouch by force of a warranty annexed to the estate of the Land for he is in partly in the Per and partly in the Post Co. 8.94 3.62 5.113 I will Illustrate this Point only with three or four Cases and then give you Presidents Case 1. Winchcombe having Issue two Sons conveyed a Mannor unto his eldest son and to the daughter of Dunce for life for the Joynture of the wife the Remainder to the son in Fee the son having no Issue his Father in Law Dunce procured him by Deed indented to Bargain and sell to him the Mannor the Bargainor being sick who dyed before Inrollment of the Deed within the six moneths the Deed not being acknowledged and afterwards the Deed coming to be inrolled the Clerk who inrolled it procured a Warrant from the Master of the Rolls who writ upon the Deed Let the Deed be inrolled upon Affidavit made of the delivery of the Deed by one of the witnesses to the same and afterwards 〈…〉 was inrolled within the six moneths And the Opinion of the Court was That the Conveyance was a good Conveyance in Law And therefore the younger Brother exhibited his Bill in Chancery pretending the Conveyance to be made by practice without any consideration Winchcombe and Dunce Hill 13 Jac. in Canc ' Godb. Case 376. 2. Popham's Case 5 Eliz. If a man bargain and sell to one and after to another the first Deed is inrolled and after the second and that the last day of the six moneths accounting the day of the date for none yet it was held by the Court That the first Bargainee should have it sic vide from the Date which are the words of the Statute are of the same sense as from the day of the date and that twenty eight dayes make a moneth Dyer 218. Moores Rep. 40. Case 128. 3. Chibbornes Case Lands in London may be bargained and sold by words without Indenture or Inrollment Dyer 228. 4. In Trin. 41 Eliz. Fisher against Smith it was held by the Court. That a bargain and sale of Lands by Deed indented and inrolled for divers good considerations is not good to pass the Land without proof of money paid which must be averred But if the Deed say for a competent sum of money neither party may urge there was none paid albeit it be uncertain Moor. Rep.
Execution upon a Statute or Recognisance and when and how Wherein take notice 1. That when a man doth enter into a Statute or Recognisance the Land of the Conusor is not the debtor but the Body And the Land is lyable onely in respect that it is in the hands of the Conuâ—or at the time of the acknowledging of the Statute or afterwards and the Land is not charged with the debt but chargeable onely at the election of the Conusee but the person is chargeable and the Land in respect of the person And therefore although the Conusor alien his Land to another yet he remains debtor still and his body and goods shall be taken in Execution Plow 72. 2. That the body of the Conusor himself but not the body of his Heir Executor or Administrator is lyable to Execution and may be taken although there be Lands Goods and Chattels to satisfie the debt 3. That all the Demesne Lands Tenements and Hereditaments corporeal and incorporeal of the Conusor that are grantable over as his Mannors Messuages Lands meadows Pastures Woods Rents Commons Tythes Advowsons and the like also his Goods and Chattels as Leases for years and all his Emblements Cattel Housholdstuff and the like and Wardships when they were in being are lyable to Execution upon a Statute But Annuities Offices in Trust Seigniories in Frank-almoigne Homage Fealty Right to Land things in action and such like are not liable to such Execution Co. 3.12 Plow 72. Co. 2.59 Litt. Sect. 318. Dyer 7.205 Co. on Litt. 174. Doct. Stud. 53. Co. 2. Part. Inst 397. 4. All the Lands Tenements and Hereditaments which the Conusor had at the time of the Recognisance entred into or at any time after in whose hands soever or by what means soever the same are come at the time of the Execution shall be subject and lyable to the Execution But the Lands which the Conusor had and did put away before the time of the Statute or Recognisance entred into are not lyable And all the Goods and Chattels the Conusor hath or are found in his hands at the time when the Execution is to be made by Extendi facias are lyable But the Goods and Chattels he had and did bona fide do away before the time of Execution done are not lyable to the Execution Co. 3.12 5. The Conusee upon other Recognizances shall have the same things in execution as a man shall have after a Judgment in a Suit in the Kings-Bench or Common Pleas by Fieri facias or Levari facias all his Goods and Chattels and by Elegit the moiety of his Lands and all his Chattels besides the Cattel of his Plow and Implements of Husbandry But in these cases he cannot take the body of the Conusor in Execution unless it be upon a new Suit or in case of Bayl in the Kings Bench. Plow 72. Co. 3.12 Dyer 306. In the next place I will shew you the Method how a Statute or Recognizance is to be executed and all the proceedings thereupon Wherein observe That Recognisances are of two sorts 1. Such as are usually taken in the Kings Courts of Record at Westminster 2. Such as are in the nature of a Statute staple by the Statute of 23 H. 8. The proceedings upon the Statute Staple and the Recognisance founded on the 23 H. 8. aforesaid in the execution thereof are in the same manner as the proceedings in the Statute Merchant which I mention hereafter but with these differences 1. Upon the execution of the Statute-Merchant there issues forth a Capias against the Body before any execution be made of the Lands or Goods and Chattels and the Lands and goods cannot be extended till a quarter of a year be past after the Body is taken or the Sheriff have teturned a Non est Inventus But upon the execution of the Statute-Staple and the Recognisance the Body goods and Lands may be taken altogether at once Then secondly Upon a Statute-Merchant one may have an Action of debt but otherwise it is of a Statute-staple And thirdly The Capias upon the Statute-Merchant may be returnable in the Kings-Bench or Common-Pleas but the Writ of Execution upon the other is to be returnable in Chancery F.N.B. 130 131. Co. on Litt 290. Fourthly That in a Statute-Staple presently after the Certificate into the Chancery the Conusee shall have a Writ to take his body and extend his Lands and Goods returnable in Chancery which is a Commission directed to the Sheriff of the County where the Goods and Lands lye for the valuing thereof whereby they shall be apprised at a reasonable rate by a Jury of sworn men impanelled by the Sheriff for that purpose which Inquisition returned by the Sheriff he may take and deliver the Lands and Goods to the Conusee To hold the same till he be satisfied of his debt and damages or if he refuse the Conusee may force him to it by a Liberate Dyer 180. Co. 4.67 The proceedings upon a Statute Merchant are That the Conusee may if he please bring his Statute to the Mayor Clerk or other Officer before whom it was acknowledged and there if they find the record of it and the day to be past for the payment of the money they are to apprehend and imprison the body of the Conusor if he be a Lay-person and can be found within their Jurisdiction And if he cannot be found then they are to certifie the Record into Chancery And this they may be compelled to by Certiorari if otherwise they refuse to do it And upon a Nihil returned upon a Testatum est he may have process into another County but otherwise it is of goods And if that Certificate be faulty or Execution be not done upon it by reason of the Conusees death or otherwise the Conusee or his Executor or Administrator may have another Certificate and thereupon he shall have a Writ of Capias out of the Chancery directed to the Sheriff of the County where the Conusor lives to apprehend and imprison him if he be not a Clergy-man and this to be returned into the Kings Bench or Common-Pleas And when the Conusor is taken he shall have time for a quarter of a year to make his agreement with the Conusee and to sell his Lands or Goods to satisfie him And to that purpose he himself may sell his Lands and Goods although he be in prison and the sale thereof will be good and lawful But if in that time he do not satisfie the Conusor or if upon the Capias the Sheriff return a Non est inventus then by another or divers Writs if the Lands and Goods lye in divers Counties called Extendi facias to all the Sheriffs of the Counties where he hath Lands whereby they shall be commanded to extend his Lands and goods and to deliver the goods to him and the Lands To hold to him and his heirs till the debt be levied or paid And this Act of the Sheriff
and Jury upon this Writ is called an Extent And if the Sheriff or Apprisors upon the Extendi facias over-value the Lands or Goods in favour to the debtor the Conusee hath no remedy but by motion in that Court where the Writ is returnable at the Return day or at least the same Term to desire that the Apprisors may take the Lands or Goods at the rate they have valued them in the same manner as the Corusee is to have them And a Sale made of Goods in this case by the Sheriff is as strong as if it were in Market-overt And when the Conusee is in possession of Lands by such an Extent as before then is he Tenant by Statute And after the Conusee is once setled in peace in the Lands extended he shall hold them till he be satisfied his debt and his reasonable costs and damages for travel suit delay and expence See for this Dyer 299. Co. 5.87 F.N.B. 130. Co. on Litt. 290. Co. 2. Part Inst 395 396. The proceedings upon the other kinds of Recognisances are after another manner For upon Recognizances at the Common Law if the money be not paid at the day the Conusee his Executor or Administrator is to bring a Scire facias against the Conusor or if he be dead against his heir when he is of full age or if the Lands the Conusor had at the time of entring into the Recognisance be sold against the Purchasors of them which the Conusor had at any time after the Recognisance entred into to warn them to come into the Court whence the Scire facias issued to shew cause why Execution should not be made upon the said Recognisance and if the party or parties cannot be sound to be warned or being warned do not appear at the time or appearing do not shew cause why the debt should not be levied In this case the Conusee shall have Execution of his moiety by Elegit or if the Conusor be living of all his Goods by Levari or Fieri facias at his Election but he may not have Execution of his Body unless he bring an Action of Debt upon the Recognisance as in this case he may do or it be by the course of the Court as it is in the Kings Bench on a Bayl wherein a Capias doth lye Dyer 315 360 366. The proceedings against the Sureties upon Statutes are to be in the same manner as the proceeding against the Principal And yet where the Principal hath moveables to satisfie the debt the Surety as it seems is not to be charged I will Illustrate this matter in the next place with some few Cases And first 1. Tenant by Elegit upon Judgments and Recognisances is to hold the Land until he be answered his debt without his costs and Mises c. But Tenant by Statute Merchant Statute-Staple or by Recognisance in nature of a Statute-Staple is to hold the Land c. untill he be paid his debt together with his Mises and Costs Co. 2. part Inst 678. 2. In case where Extenders upon Elegit or other Writ of Execution or upon a Recognisance in Court do extend the Land too high they shall not be forced to take it at the rate as the Extenders of Land for Execution upon a Statute-Merchant Staple or Recognisance in nature of a Statute-Staple shall be Bendloes Rep. 15. Co. on Litt. 290. Yelverton 55. 3. If one seised of White-acre Black-acre and Green-acre enter into a Statute or Judgment against him and then he enfeoffeth A. of White-acre and B. of Black-acre and keep Green-acre to himself in this case the Conusee or Plaintiff may have his Execution upon the moiety of green-Green-acre and not meddle with the other two Acres if he please but he may not in such case extend a moiety only in the hands of both the purchasors but he must extend a moiety in the hands of both the purchasors and of all the rest of the Land subject to the Execution for if he leave out any 〈◊〉 it the party grieved thereby will have his remedy and avoid the Execution by Audita Querela for where the Books say each purchaser shall have contribution in that case it is intended that such extent shall be avoided of that part and all the Land shall be extended and equally charged And so it is in this case where Green-acre shall descend to an heir there the Conusee may extend onely the moiety of this Acre in the hand of the heir and not meddle with the two Acres in the hands of the purchasors if he please But where there be two or more Conusors in a Statute c. there the Lands of them all and not of one of them are to be extended Co. 2. part Inst 396. 4. If two persons recover against one in debt severally and he that hath the first Judgment sues an Elegit and hath the moyety of the Land in Execution and then the other sues an Elegit In this case he that last sueth shall have but a moyety of the moyety that is left Cro. 3.482 5. If the Conusee on a Statute or Recognisance in nature of a Statute receive his whole debt by the Land yet may not the Counsor enter but where upon an Elegit he is satisfied there the Conusor may enter on his Land Co. 2. Part. Inst 600. In the last place I will give you the Statutes concerning this matter Westm 2. cap. 46. For all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things enrolled a Writ of Execution shall be within the year so as the parties shall not need to plead c. Stat. de Acton Burnell 11 E. 1. A Debt acknowledged to a Merchant before the Mayor of London York or Bristol or before a Mayor or Clerk appointed by the King thereunto shall be enrolled And if the Debtor fail of his payment at the day the Debtee or his Executors may call for Execution and upon notice thereof to the Mayor and Clerk they shall cause his Chattels and Moveables to be sold as far as the debt doth amount by Apprisement of honest men and the money without delay shall be paid to the Creditor and in case they cannot sell them they shall cause so much of the moveables to be delivered to him as amounts to the debt and the Kings Seale shall be put to the sale and deliverance and if the Debtor have no moveables within the Mayors Jurisdiction then shall the Mayor send the Recognisance unto the Chancellor under the Kings Seal and the Chancellor shall thereupon direct a Writ to the Sheriff in whose Bayliffwick the Moveables of the Debtor be who shall proceed therein as the Mayor might have done if the Moveables had been in his power If the Apprizors set too high a value on the things that are to be sold they shall be compellable to take them at the same prices and shall
245 Condition to pay money weekly 297 Condition to pay money in 3 years 298 Condition collaterall 299 Condition to pay money at ones returne from Sea 301 Condition to deliver wooll 302 Condition to renew a Lease when the Lessor comes to full age 303 Condition to gather Rents and give account thereof 304 305 Condition to bring an Inventory into the Prerogative Court by a day 307 Condition to assure mortgaged lands upon defect of redemption 308 Condition to acknowledg a Statute by a day 309 Condition not to meddle with an Executorship c. 310 Condition to procure a release and save harmless 311 312 337 Condition to release Dower 313 Condition that a man will suffer his wife to make a Will 313 385 Condition to marry one by a day c. 314 Condition to be a true Prisoner ibid. Condition to save harmless c. 315 333 338 502 Condition of a Factor to serve his Merchant c. ibid. Condition to pay use for Orphanage or Legacy-money 316 Condition for executing a Gaolership 317 339 Condition to reassure lands 318 Condition to find an Apprentice clothes 323 Condition not to be bound for any one 324 Condition to surrender land or pay money 325 Condition to keep the Peace ibid. Condition to pay money c. 326 327 Condition to recover a debt c. ibid. Condition to enjoy lands for non-payment of money 329 Condition upon an Attachment 331 Condition about payment of purchase-money 334 Copyhold lands demise thereof 358 Conditions of several kinds 383 384 647 648 649 Constables Articles to be observed by them 391 Condition to Replevy goods 438 Conveyance of land by 3. Co-heirs and their husbands 507 Covenant to deliver Evidences by such a time 525 Covenant to settle lands for natural affection 534 Condition of a Counter-bond 535 Condition to save harmless 581 582 D. DEed to justifie Actions upon setting over a Statute 30 Dower release thereof 45 Demise of divers lands c. paying a pepper corn yearly 108 Defeasance upon a Bond sued to Judgment 115 167 Defeasance to make void Statutes c. 123 Debt bill thereof 163 Defeasance upon a Statute 167 416 550 Defeasance upon a Mortgage 168 Deed of Settlement to several uses and in default c. as by Will or other writing shall be appointed 293 Debts assignment thereof c. 370 Declaration by a wife of the disposal of a sum of money according to a power reserved c. 375 Discharge to the Sheriff 388 Debts Conveyance for payment of debts 410 Demurrer and Plea form thereof 425 Deputation to a Bayliff or Receiver 644 Disease condition to cure it or repay the money 646 E. EXtent a grant thereof 40 Executor discharged from an Orphans portion in London c. 190 Executors covenant to discharge them from payment of Legacies to Nonage 192 Executors bound to diligence in executing a Will and to account 194 Extent assignment thereof 322 Executors Covenants between them 503 Executor condition to save him harmless 548 F. FIne Covenant to levy it 150 162 185 276 Fine uses thereof declared by Deed 269 Forma Pauperis certificate affidavit and Petition or the same 426 427 Feoffment with a Letter of Atturney 462 Fine uses thereof well declared 526 G. GRant of the reversion of certain Lands 22 Gift Deed of Gift 44 234 235 Goods in a Ship transport thereof 232 Observations upon a Deed of Gift 236 Grant of Lands in Fee in consideration of money and other Lands in exchange 551 Grant of the next Donation of a Benefice 655 H. DEed to save Harmless 6 I. JUdgment assignment thereof with a Letter of Atturney therein 12 139 173 Joynture an assurance thereof to a wife with remainder in tail 47 A Joynture with divers limitations and a Proviso for Revocation 76 Indenture to lead the use of a Fine 107 Indenture of redemise c. with Proviso c. 110 Joynture to the wife before marriage 128 220 Judgment condition to acknowledg satisfaction thereon 154 Joynture a deed thereof with uses 227 Inheritance conveyed by Deed c. 265 Indenture for equal division of goods c. 414 640 Indenture in lieu of Joynture 505 Indenture of Settlement well penn'd 541 L. LEase with extraordinary Covenants 4 Lease of a house and lands made in consideration of a sum the Fee-simple being in the Lessor 8 Letter of Atturney to receive one single debt 33 144 Lease in consideration of the surrender of a former with good Covenants 35 Lease of Tythes 43 Lease of a Fee-Farm c. with necessary Covenants 49 Letter of Atturney to enter upon lands and deliver a lease 55 56 145 202 Lease of divers lands c. with covenant to pay Heriots c. 71 Lease of lands by way of mortgage 92 Lease of a house in London 112 Lease to try a Title 129 387 Lease of a house and lands in the Country 209 Lease of a Warren of Conies 354 Licence to Hawk Hunt and Fish ibid. Lease of Cole-Mines 355 Letters of Licence 356 371 373 458 Lease of goods levied by the Sheriff 360 Lease of lands in Barbadoes 361 Lease from a Company 363 Lease from a Parson and Church-wardens with a Covenant for building c. 364 Lease from a Town or Corporation 365 Lease for 3. lives with Letter of Atturney c. 367 519 Livery of Seisin Memorandum thereof 413 490 Lease of a Mill 434 Lease for a year 452 Lease of a side of a Shop c. 459 Lease in trust 493 495 Lease of Lands with Exception of Woods 514 Lease forfeited upon a Mortgage assignment thereof 517 Lease to be void on payment of c. 583 Lease of a Ferry 588 Lease to three whereby every one is to pay bear and receive equally 641 M. MOrtgage assignment thereof 14 Mortgage for indempnity of Sureties 15 Maâ—â—mony pretended contract thereof revoked 97 Mortgage of Lands upon money c. 101 Marriage condition concerning it 163 Mortgage confirmation thereof 469 Marriage Lands setled to uses thereon and a fine levied to those uses 471 473 Mortgage deed thereof 476 Mannor Conveyance thereof 479 Marriage Indenture to stand seised to uses in consideration thereof 567 N NOnsuit condition to pay money thereon 162 O OBligations Assignment of two Severall ones 52 Obligation covenant to deliver it 185 Covenant to discharge it by a day 328 Obligation single from one to one 437 From two to one ibid. From three to one 438 Obligation and Condition from a bayliff and his Suretyes to a High-Sheriff 578 P PRoviso to make a demise void and a Covenant to grant a a new Lease 54 Partition Indentures thereof 116 389 639 Protection in Parliament time 172 Protection revoked 208 Partition of debts between partners 24â— Partnership deed thereof between four Merchants 398 Plea and Demurrer 425 Forma pauperis Certificate and affidavit thereof 426 Presentation of a Minister to a Living 446 Parsonage a Lease thereof 447 461 462 Park Keepership thereof granted 643 R
RElease of Lands mortgaged 18 Revocation Deed to revoke uses 30. 166 Recognizance assignment thereof 24 Release general 27 143 164 457 489 Release from one that hath lost a deed 27 46 Release of fines and Forfeitures to the King 28 Release or resignation of a trust 29 Release of an annuity 42 628 Release of Dower 45 Revocation of a pretended contract of matrimony 97 Rent reserved grant thereof 117 Release of Lands upon performance of Articles 124 165 502 Recovery Covenants to pass a Recovery c. 133 207 266 Release by one used in trust 141 Revocation of a Suit 142 Release of Errors 144 Release upon receit of a legacy 164 351 Recovery deeds of Settlement thereupon 250 254 260 Release of a Proviso 319 320 321 Release of a Recognisance 340 Release of an extent Bond c. 350 Release between Purchasors 359 Rejoynder the form thereof 428 Replication the form thereof 429 Release to a purchaser 445 Release confirmation 453 Release from an Executor 456 Redemise of Lands mortgaged 466 Release of Land in exchange 589 Release where 3 have Estate of inheritance 622 Release of a conditionall assignment 623 Release of a Mannor 624 Release of rent reserved 626 Release of a condition c. 627 629 S SAle A bill of Sale 17 Scavenger and Raker Indenture between them for cleansing the streets 31 Sale of the moiety of a Rent reserved by Lease 88 Surrender of a Lease for lives c. 142 Suit revocation thereof 142 503 Surrender of Copyhold lands by way of Mortgage 173 Settlement by fine and Recovery of lands to raise money to pay debts and childrens portions 280 Sale of goods by the Sheriff bayliff 359 Sheriff discharge to him 388 Statute assignment thereof 418 Sub-poena affidavit of Serving thereof 428 Stewardship of a Mannor grant thereof 458 644 Surrender acknowledgment of what estate was granted and how 492 Settlement Indenture thereof well penned 541 Swans and Swan-marke Bargain and Sâ—le of it 617 Survivorship Indenture to avoid it 636 637 T TYthes a Lease thereof 43 Transport of Goods in a ship 232 Tripartite deed of Lands c. in trust till a joynture made 273 Testimonial of a house and good burnt 358 Trust declaration thereof 375 444 461 496 500 Tenant poynts of law between Lord and tenant c. 393 Trust acknowledgment thereof 408 409 Tayle estate tayl barred by Indenture 463 V USe deed to lead the use of a fine 107 Uses declared by deed with good covenants 278 378 487 Uses revoked by deeds c. 397 W WIll the form thereof 46 The preamble of the same 179 Warrant of Atturney to confess a judgement 206 349 Warrants to acknowledg Satisfaction 206 352 Warrants of Atturney in general 349 352 Warrant of a Master in Chancery upon a Reference 428 Warrant to keep a Court 503 Warrant for a Buck and Doe 646 The Table to the Fourth Part. A. Audita Querela the Nature of it where it lyes and for what 723 724 725 Where returnable 725 B. BArgain and Sale definition thereof 694 Rules concerning the same 695 Time for Inrollment 696 Presidents thereof 698 C. COncords of Fines Presidents thereof 662 663 Cases concerning Fines 670 Cases concerning Recoveries 688 Cases concerning Bargain and Sale 696 Cases concerning Execution in its several kinds c. 705 Cases concerning Statutes and Recognisances 718 D. DEpheasance the Nature of it 722 Rules concerning the same ibid. Distresses and Replevin what they are where they lye for whom and what 726 727 E. EXemplification of a Fine 664 665 Executions the several sorts thereof 703 What is lyable thereto et è contra 714 Escape what shall be so judged 726 F. FIne definition thereof 661 Proceedings therein 661 662 Foot of a Fine 667 I. INdenture of Covenant for a Recovery to be suffered 682 Another declaring the Uses of a Recovery already suffered 683 Judgment and the Execution thereof 700 How a Judgment shall be executed 701 P. PResident of a Lease to make a Tenant to the Praecipe 677 Proviso for Revocation of Uses 684 Presidents of Bargain and Sale 698 R. REcovery definition thereof with the Formalities and Efficient causes 675 Proceedings therein ibid. President thereof in the Hustings London with double Voucher 678 Revocations of Uses according to former Indentures c. 686 Replevin the nature of it and for what it lyes 728 Statutes concerning it 728 729 S. STatutes relating to Fines c. 673 Statutes relating to Recoveries c. 692 Statutes concerning Judgments and their execution 702 Sheriff his Duty in doing Execution 705 Statutes concerning the same 709 Statute or Recognisance the nature thereof 710 711 Forms thereof ibid. et 712 Where a person shall be contributory thereto 726 Rules concerning the same 713 Proceedings thereon 715 Sureties how to be proceeded against 718 Statutes relating to Recognisances c. 719 720 Statutes concerning Distresses and Replevins 727 V. USe of a Fine Indenture to â—ead it in several Forms and Cases 668 684 Uses how they may be declared and when and by whom 669 670 Uses declared upon Revocation 688 W. WArrant of Atturney and Ded. Pot. the form thereof 677 678 What requisite thereto 678 FINIS
or Writing shall be made by the said Edward Lord Herbert as aforesaid for the Joynture of any such Wife or Wives or number of years determinable upon her or their life or lives as aforesaid according to the true intent and meaning of the same Indenture Deeds and Writings and of these presents And it is hereby declared and agreed by and between the said Parties hereunto that the said sum of 1000 l. herein before mentioned or such less sum as aforesaid to be paid by the said Edward Lord Herbert to the said Richard Eaton as aforesaid shall go and be employed upon the trust herein after following viz. in case the Debts and Sums of Money mentioned in the Schedule hereunto annexed be not then paid then the same or so much thereof as shall be sufficient to pay and satisfie such of the said Debts or Sums of Money mentioned in the said Schedule hereunto annexed as the said Jo. Earl of Bridgewater and Edward Herbert party to these presents or the Survivor of them and his heirs shall think fit shall be disbursed and employed to that purpose and after the said Debts and Sums of Money or such of them as the said Jo. Earl of Bridgewater and Edward Herbert shall think fit shall be paid or satisfied then the surplusage if any be of the said One thousand pounds or such less sum as aforesaid shall be disposed and employed for the purchasing and buying of Lands Tenements and Hereditaments to be setled on the said Edward Herbert party to these presents for and during the term of his natural life and after his decease to the use and behoof of such person and persons and in such manner and form as the said Lands Tenements and Hereditaments in the County of Monmouth herein before limited to the said Richard Herbert party to these presents for his life with remainder over are limited estated and setled Provided alwayes and it is covenanted granted condescended concluded and agreed by and between all the said parties to these presents and the true intent and meaning of them and every of them and of these presents is that if the said Richard Herbert party to these presents or some other person or persons to whom any Estate is hereby limited or intended to be limited of and in the said Mannors Lands Tenements and Hereditaments within the Kingdome of Ireland or any of them their or some of their heirs or assigns or some of them shall not within two years next after the decease of the said Edward Lord Herbert well and truly pay or cause to be paid of the said Edward Herbert Son of the said Edward Lord Herbert if he the said Edward Herbert Son to the said Edward Lord Herbert shall so long live the sum of 2000 l. of c. that then and immediately after such default of payment all and every use and uses herein before limited and declared as for and concerning all and every the Mannors Lands Tenements and Hereditaments within the Kingdom of Ireland shall cease and be void and then also and from henceforth the said recovery and recoveries so as aforesaid or in any other sort to be had and suffered and the Recoverer and Recoverers therein named his and their heirs shall stand and be seized of and in all and singular the Mannors Lands Tenements and Hereditaments with their appurtenances within the said Kingdom of Ireland to the use and behoof of the said Edward Herbert Son of the said Edward Lord Herbert his heirs and assigns until he or they shall and may out of the Rents Issues and Profits thereof have fully levied and received the said sum of 2000 l. together with consideration after the rate of 8 l. per centum per annum for the forbearance thereof from the end of the said two years next ensuing the death of the said Edward Lord Herbert and all Damages Costs and Charges which he the said Edward Herbert Son of the said Edward Lord Herbert his Heirs Executors or Administrators shall sustain to be put unto in or about the recovery of the said premises or of the said sum of 2000 l. or any part thereof or in or about any Suit concerning the same Provided also and it is covenanted granted condescended concluded and agreed by and between the said parties to these presents and the true intent and meaning of them and every of them and of these presents is That it shall and may be lawful to and for the said Richard Herbert party to these presents by Indenture or by any Deed or Deeds Writing or Writings indented or poll to be by him the said Richard Herbert party to these presents sealed and subscribed in the presence of two or more credible Witnesses to declare limit or appoint all or any of the said Mannors Lordships Messuages Lands Tenements Hereditaments and Premises in the Kingdom of Ireland to and for the Joynture of any Wife or Wives which he the said Richard Herbert shall hereafter happen to marry or to take to Wife for and during the natural life or lives of such Wife or Wives or for any number or term of years determinable upon her or their life or lives the same to take effect upon the decease of the said Edward Lord Herbert and Richard Herbert and the Survivor of them to be subject to the use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert and his Heirs in the manner aforesaid and then and from thenceforth the said recovery and recoveries shall be and enure and the Recoverer and Recoverers therein named his and their Heirs shall stand and be seized of and in the said Mannors Lordships Messuages Lands Tenements Hereditaments and Premises in the Kingdom of Ireland with the rights members and appurtenances thereof or of or in or so much or such part thereof for or concerning which such Indenture Deed or Writing shall be made by the said Richard Herbert as aforesaid for the life of any such Wife or Wives or number of years determinable upon her or their life or lives as aforesaid according to the true intent and meaning of the said Indenture Deeds or Writings and of these presents subject nevertheless to the said use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert his Heirs and Assigns in manner aforesaid Provided also and it is nevertheless covenanted concluded condescended and agreed by and between the said Parties to these presents that it shall and may be lawful to and for the said Richard Herbert party to these presents at all or any time or times hereafter during his natural life being then actually seized of the immediate estate of Free-hold in possession of or in the said Mannors Lands Tenements Hereditaments and Premises or any of them by virtue or means of the said Recoveries or any of them and of these presents or of any the limitations of uses herein limited to demise or to Farm-let by Indenture
seized of so much and such part and parcel of the said Lordships Mannors and Premisses as either in respect of not making and naming the right Tenant of the Free-hold in the severall Writs of Entry aforesaid or in respect of any other legal defect shall not be by the severall and Recoveries aforesaid well and sufficiently assure and settle to the several uses before in and by these presents expressed to the severall and respective uses intents and purposes hereafter in and by these presents expressed appointed and declared and to none other use intent or purpose whatsoever that is to say to the use and behoof of the said C. Lord S. and his assigns for and during the Term of his naturall life without impeachment of or for any manner of wast and from and after the decease of the said C. Lord S. then to the use and behoof of the said D. L. and her Assigns for and during the term of his natural life and from and after her decease then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten and for default of such issue then to the use and behoof of the right heirs of the said C. Lord S. for ever In witnesse whereof to one part of these present Indentures remaining with the said E. Lord G. Dame I. his wife D. L. and I. S. The said C. Lord S. W. N. and A. T. have interchangeably subscribed and set their severall hands and seals and to one other part of these present Indenture remaining with the said W.N. and A. T. the said C. Lord S. E. L. G. Dame I. his wife D. L. and I. S. have interchangeably subscribed and set their several hands and seals and to one other part of these Indentures remaining with the said C. Lord S. the said W.N. A.T. E.L. G. Dame I. his wife D. L. and I.S. have interchangeably subscribed and set their several hands and seals the Day and Year first above-written Anno Dom. A Condition to save harmless where one Attorns Tenant with a Covenant to grant a Lease when the premisses are setled in the Obligee THe Condition of this Obligation is such That whereas the within named I. S. hath attorned Tenant and doth and is contented to pay his Rent being Eleven pounds ten shillings per annum unto the within bound T. S. his heirs or assigns for the Messuage or Tenement with the Appurtenances wherein the said J.S. now dwelleth scituate near W. London If therefore the said T.S. his Heirs Executors Administrators or Assigns do from time to time and at all times hereafter clearly acquit discharge or sufficiently save harmless and indemnified the said J. S. his Executors Administrators and Assigns goods and chattels as well against one R. N. of the Parish of Saint G. in the Fields in the County of M. gent. and K. his wife and against the Heirs and Assigns of the same K. also against all and every other person and persons whatsoever of for from touching and concerning all such and so much Rent as he the said J. S. his Executors or Assigns hath already paid or shall hereafter pay to the said T. S. his heirs or assigns for the Tenement aforesaid with the Appurtenances and also of and from all Actions Suits Charges Distresses Forfeitures Judgments Executions and all other Damages Troubles and Incumbrances whatsoever that shall or may arise or grow or be had commenced or prosecuted against the said J. S. his Executors Administrators or Assigns by reason of paying the said Rent or any part thereof unto the said T. S. his Heirs or Assigns or by reason of occupying of the said Tenement And further If in case the said T. S. his heirs or assigns do or shall quietly hold and enjoy the possession of the Tenement aforesaid with the appurtenances amongst other things as he the same T. now doth for and during the space of two years next coming after the date within written without any further new Suit Then if the said T. S. his heirs or assigns do within one month next after the end and expiration of the said term of two years or after such time as the estate of the premisses shall be perfectly setled in the said T. or his heirs at the reasonable request and at the costs and charges in the Law of the said J. S. his Executors or Administrators by good lawfull and sufficient Indenture of Lease in due form of Law to be had made and executed Demise grant and to Farm-let unto the said J. his Executors Administrators and Assigns all the said Messuage or Tenement with the appurtenances wherein the said J. now dwelleth as aforesaid for so many years as will make up the remainder of the term of years in his former Lease granted full Twenty and one years and under the yearly Rent of Eleven pounds ten shillings quarterly to be paid to the said T. his heirs or assigns or within one and twenty dayes next after every Quarter-day by even portions and with such other reasonable Covenants therein to be contained as are commonly used in such like Leases That then this present Obligation shall be void and of none effect or else it shall stand and remain in full force strength and vertue A Condition to save harmless an Executor for payment of several Legacies to Orphans with a Covenant to see the same Legacies disposed to the best advantage for the Legatees THe Condition of this Obligation is such That whereas M.D. late of St. J. street in the County of M. Widow deceased by her last Will and Testament in Writing bearing date the Tenth day of M. in the Year of our Lord God One thousand six hundred and fourteen did amongst other Legacies and Bequests give and bequâ—ath unto M. T. and A. T. Daughters of the within-bound T. T. Five shillings a piece of lawfull money of E. as by the sâ—me Will more at large appeareth Which said Sums of five shillings a piece the within named I. S. Executor of the last Will and Testament of the said M. D. hath at the Request of the said T. T. at and before the ensealing and delivery hereof paid and disbursed to the said T.T. for the use and behoof of his said Daughters M. and A. If therefore the said T. T. his Executors and Administrators and every of them do from time to time and at all times hereafter freely and clearly acquit exonerate and discharge or otherwise well and sufficiently save defend and keep harmlesse the said I. S. his Executors and administrators and every of them and all and every of his and their Lands Tenements Goods and Chattels as well of from and against the said M. and A. their Executors Administrators and Assigns as also of from and against all other persons whatsoever of for and concerning the payment of the said Sums of five shillings a piece to the said T. T. their Father