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A54332 The perfect conveyancer: or, Severall select & choice presidents such as have not formerly been printed. Collected by four several sages of the law. Edward Henden, Knight; late one of the barons of the Exchequer. VVilliam Noy, Attourney Generall to His late Majestie. Robert Mason, sometime recorder of London. And Henry Fleetwood, formerly reader of Grayes-Inne. Wherein are contained many excellent examples and instructions touching the manner and method of conveyances; usefull for all persons, that are professors in the law, and desire to be rightly and judiciously informed. With an exact table for the readers more ready recourse to any the particulars contained therein Henden, Edward, Sir, d. 1644. 1655 (1655) Wing P1479; ESTC R213933 520,918 567

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pasture and wood whether more or lesse situate lying and being in B. in the said parish of B. in the County of K. aforesaid and now in the several tenures occupations of I. H. M. G. or one of them their Assignee or Assignees and the reversion or reversions remainder and remainders of the same and of every part and parcel thereof together with all tenements rents commodities and other hereditaments whatsoever with their appurtenances and also all wayes easements and all and every other profits or commodities with their appurtenances to the said Mansion-house or Messuage or other the said premises and every or unto any part or parcel thereof belonging or together with the same at any time heretofore or at this present had occupied or enjoyed or reputed accepted or taken as part parcel or member of the same or any part thereof And furthermore for and in and upon the consideration aforesaid he the said I. H. hath given granted bargained and sold and doth by these presents give grant bargain and sell unto the said I. H. his Heirs and Assigns all those his several Mansions Messuages or lands with their appurtenances and all and singular edifices and buildings to them or either of them belonging or in any wise appertaining in the several tenures and occupations of O. N. P. R. S. F. or of their Assignee or Assignees together with all and sigular the lands tenements rents commodities and other hereditaments to them every of them or any of them belonging appertaining or had used occupied or enjoyed with them or in them situate lying and being in B. in the said parish of B. in the said County of Kent and containing in the whole by estimation 30 acres of land meadow and pasture And the reversion or reversions of the said three several Messuages or Tenements and of all and singular other the premises and every of them together with all and singular wayes easements and all other profits or commodities whatsoever to them or any of thē belonging or in any wise appertaining or being or reputed or at any time heretofore accepted or taken to be part parcel or member of them or any of them And also all that the Close of him the said I. H. commonly call'd and known by the name of Hedgsus Ham with the appurtenences situate lying and being in the said County of Kent And the reversion and reversions remainder or remainders thereof and of every part and parcel thereof And also all and singular his lands tenements rents services commodities and all other his hereditaments whatsoever with all and singular the appurtenances And the reversion or reversions remainder or remainders of them and every of them together with all buildings easements profits commodities whatsoever to them or any of them belonging or in any wise appertaining situat lying and being in the Town or Hamlet of B. H. B. or else wheresoever in the said County of K. And furthermore the said I. H. for and upon consideration aforesaid hath given granted bargained and fold and doth by these presents for him his Heirs and Assigns give grant bargain and sell unto the said E. H. his Heirs and Assigns Bargain and sale of the Deeds Cóveyanc●s concerning the premises all and singular Deeds Charters Escripts Fines Exemplifications of Fine or Fines Exemplifications of Recovery or Recoveries and all other writings whatsoever being or in any sort concerning the said premises above specified by these presents given granted bargained and sold or meant or intended to be by the same given granted bargained and sold or any part or parcel thereof the which I the said I. H. or any other party by his consent or appointment hath in his or their hands custody and possession To have and to hold the said Messuage or Tenement the said 20 acres of Land 50 acres of Meadow 50 acres of Pasture 4 acres or Wood-ground and also the 30 acres of Land Meadow and Pasture to three of the Messuages or Lands belonging and also one close called H. and all and singular other the premises whatsoever with all and every their appurtenances unto the said E. H. his Heirs and Assigns for ever Proviso that if the Bargainer c. pay such a sum at such a day that then the bargain and sale shall be void Provided alwaies and upon condition thát if the above-named I. H. his Heirs Executors Administrators and Assigns do content satisfie and pay or cause to be well and truly satisfied contented and paid unto the said E. H. his Heirs and Assigns at or upon the 20 day of Octob which shal be next and immediatly ensuing the date hereof at or in the South porch of the Parish Church of Rolve●den in the said County of Kent the just and intire summe of 300 and 50l of current English mony that then and from thenceforth this present gift grant bargain and sale and every clause article and agreement therein specified shall be utterly void frustrate and of none effect any thing before specified unto the contrary in any wise notwithstanding And it is further covenanced granted conditioned Covenants that all conveyances made or to be made shall be to the uses under the códition in this Indenture specified and to no other use or purpose whatsoeever concluded and agreed upon between the said parties That all and singular Fine and Fines levied or to be levied Feoffment or Feoffments and all and every other covenants conveyances or assurances whatsoever by the said I. H. his Heirs and Assigns made or to be made shall be to the only uses intents and purposes and under the condition in this present Indenture specified and contained and to no other use intent or purpose whatsoever In Witness whereof the parties above-named to these present Indentures their hands and Seals interchangeably have put the day and year first above-written ¶ An Indenture of Covenants upon the above-written Indenture of Bargain and Sale the which is drawn and made by it self for the avoiding of the charges of Inrollment THis INDENTURE made c. Between I. H. of B. in the Parish of B. in the County of Y. Yeoman on the one part and E. H. of R. in the County of K. Gentleman on the other part Witnesseth that whereas the said I. H. by his Indenture of gift grant bargain and sale being of the date with these presents and for and in consideration of the summe of 30● l. of current English mony unto the said I. H. by the abovenamed E. H. before the ensealing of the said Indenture well and truly contented satisfied and paid did give grant bargain and sell unto the said E. H. his Heirs and Assigns all that his principal Mansion or Messuage together with all barns stables and all other edifices and buildings whatsover to the same belonging or in any wise appertaining And two gardens 20 acres of Land 50 acres of Meadow 50 acres of pasture 8 acres of wood-Wood-land containing in the
whole by estimation sixscore and eight acres of Land Meadow Pasture and Wood-ground whether more or lesse thereof there to be had situate lying and being in Bollings alias Bollinge Horton and Brandesend in the said Parish of Brandeford in the County of York aforesaid being in the several tenures and occupations of the said I. H. M. H. or their Assignee or Assignees And the reversion or reversions of the same and of every part and parcel thereof together with all and singular lands tenements rents commons and all other hereditaments whatsoever with their appurtenances And also all ways easments and all and every other profits commodities with th' appurtenances to the said Mansion or Messuage other the said premises and unto every or unto any part or parcel thereof belonging appertaining or together with the same at any time before the ensealing of the said Indenture or at the time of the ensealing thereof had used occupied or enjoyed or reputed accepted or taken as part parcel or member for the same or any part thereof And furthermore whereas the said I. H. for the consideration aforesaid did give grant bargain and sell unto the said E. H. his Heirs and Assigns all those his three several Messuages of Tenements with the appurtenances and all and singular edifices and buildings to them or any of them belonging or in any wise appertaining in the several tenures and occupations of W. C. M P. R. G. or of their Assignee or Assignees together with all and singular lands tenements commons and all other Hereditaments whatsoever to them and every of them or any of them belonging appertaining or had used occupied or enjoyed with them or any of them situate lying being in B. aforesaid in the parish of B. in the said County of York and containing in the whole by estimation 30 acres more or less of land meadow and pasture And the reversion or reversions of the said three several Messuages or Tenements of all and singular other the premises and of every of them together with all and singular Easments and all other profits and commodities whatsoever to them or any of them belonging in any wise appertaining or being reputed or at any time before the ensealing of the said Indenture accounted or taken as part parcel or member of them or any of them And also all that the Close of him the said I. H. commonly called and known by the name of H. with the appurtenances situate lying and being in the said parish of B. in the said County of York And the reversion or reversions remainder or remainders and of every aprt parcel thereof And also all and singular other the lands tenements rents services commons all other hereditaments whatsoever with all and singular the appurtenances and the reversion or reversions remainder or remainders of them or every of them together with all liberties easments profits and commodities whatsoever to them or any of them belonging or in any wise appertaining situate lying and being in the Town or Hamlet of B. in the parish of B. or in any other village hamlet town or place whatsoever in the said County of York And furthermore whereas the said I. H. for and upon the consideration aforesaid did give grant bargain and sell unto the said E. H. his Heirs and Assigns all singular Deeds Charters Escripts Fines Exemplifications of Fine or Fines Exemplifications of Recovery or Recoveries all other writings ingagements whatsoever belonging or in any sort concerning the said premises above by these presents given granted bargained or sold or meant or intended to be by the same given granted bargained or sold or any part or parcel thereof the which the said I. H. or any other person or persons by his or their assent consent or procurement hath or have in his or their hands custody and possession or may any way come unto him or them To have and to hold the said former several Messuages or Tenements the said 20 acres of Land 50 acres of Meadow 50 acres of Pasture 8 acres of Wood-ground And also the said 30 acres of Land and Meadow and Pasture to three of the said Messuages or Tenements belonging and the said Close called H. and all and singular other the premises whatsoever with all and every their appurtenances unto the said E. H. his Heirs Assigns for ever * Covenants that the Bargainor was seized in Fee-simple or Fee-tayl of part of the premises and that they are in such places and known by such names may be sold as in the said recited Indenture is specified that there is such a quantity of acres every acre according to the measure allowed by Statute Now it is fully absolutely condescended concluded and agreed upon by and between the said parties to these presents in manner and form following And first the said I. H. for him his Heirs Executors Administrators and Assigns doth covenant promise and grant to and with the said E. H. his Heirs Executors Administrators and Assigns That the said I. H. was at the time of the ensealing of the said Indenture lawfully seised in fee-simple of and in four Mansions Messuages and Tenements in the tenure or occupations of them the said I. H. M. H. W. C. M. P. R. S. and of and in such Lands Meadows Pastures Wood-grounds and other Hereditaments And in such Parishes Towns and Hamlets called and known by such name or names as in the said recited Indenture they are specified set forth and conveyed And that the said former Messuages and the lands tenements meadows pastures Wood-lands and all other the premises with th' appurtenances in the said recited Indenture specified and contained and the use and uses thereof are and may be conveyed given granted bargained and sold by such name and names in such manner form as they are in and by the said recited Indenture set forth and expressed limited appointed And that the said Lands And that the bargainer was seized in his demean as of fee or as of fee-tail of so much of the premises as amount to 25 l. per annum And that the bargainer was seised in reversion the estate in possession being but one life no more of the residue of the premises amounting unto 25 l. per an And that all the premises bargained sold amount unto the clear yearly value of 50 l. Meadows Tenements Pastures Wood-ground other the premises in the said recited Indenture contained are of such quantity and contain such number of acres every acre being accounted according to the measure allowed by Statute for the measuring of land enacted as in the said recited Indenture is particularly expressed and set forth And that the said I. H. at the insealing of the said recited Indenture was seized in possession in his demean as of Fee of so much of the said premises in the said recited Indenture given granted bargained conveyed and sold as amounts unto the clear
it by release confirmation c. so that the same comprehend no other Warranties c. but against them and all persons claiming under them as also the said W.D. G.D. E.D. and A.D. and all other person or persons lawfully claiming any right title or interest unto the said premises by from or under them or any of them shall and will at all times within the space of 12 years next following the date hereof upon reasonable request unto them or any of them made at the proper co●●is and charges in the Law of the said T. B. his Heirs or Assigns make such further Assurance and Security unto the said T.B. of their and every of their right title and interest of and in the said premises with the appurtenances as by the said T.B. his Heirs or Assigns or their Counsel learned in the Law shall be reasonably devised or advised be it by Release Confirmation Feoffment or otherwise so that such assurance comprehend no further Warranties or Covenants of Warranties than against themselves and all other person or persons lawfully claiming in by from or under them or any of them and so that they be not compelled to travell for the making of such assurance And lastly the surrenderer doth assign all his interest term of years which he pretendeth to have in the premises by colour of a lease made to one G. by one A. the which since is come to the now Assignor that part of the Indenture of lease made unto the said G. all other writings which he covenanteth to deliver at the sealing of these presents further than the County of Glocester And lastly the said A.L. doth for him his Heirs Executors Administrators and Assigns by these presents assign unto the said T.B. his Heirs and Assignes as well all and sigular the right title interest and term of Years which the said A. L. hath or pretendeth to have of and in the said Site Manor-house and Demeans of the said Manor of H. and other the said premises with the appurtenances by virtue or colour of one Lease thereof made by the late A. of G. unto one G. D. the right interest of which said term is by mean conveyance and assurance lawfully as is pretended possessed and assigned unto him the said A.L. as also of one part of the said Indenture of Lease made by him the said A. unto the said G. under the covent seal as also all other Writings Covenants and Deeds whatsoever concerning the Lands in the hands and custody of the said A. or which the said A. may come unto concerning the said premises or any part thereof without sure in Law The which said Indenture and other Writings the said A. doth for him his Heirs Executors Administrators and Assigns covenant and grant to deliver unto the said T. B. his Executors and Assigns at the time of the ensealing and delivery of these presents In witnesse whereof the parties above-named to these present Indentures their Hands and Seals interchangeably have put the day and year first above written Annog Dom. 1601. A Grant of an Annuity out of Land with distress and covenant to stand seised of the Land for non-payment to the use of the Grantee with proviso to determine the Annuity upon payment of a summe in grosse THIS INDENTURE made c. Between B. F. of S. in the County of S. Yeoman of th' one part and T. F. of S. aforesaid Yeoman of the other part Witnesseth That whereas the Maior Jurats and Commonalty of the antient Town of Winchellsey within the liberty of the Cinque ports in the County of S. did with one consent and mutual agreement by their Indenture bearing date the 20 day of August in the 38 year of the Reign of the late Queens Majesty bargain sell give grant and confirm unto the said B.F. his Heirs and Assigns all that their Brewhouse and the edifices and buildings thereunto belonging together with all the Lands Meadows Pastures and Wast ground to the said Brewhouse appertaining and with the same then or late usually occupied and afterwards in the said Indenture mentioned expressed and recited that is to say the Brewhouse and the buildings thereunto belonging and appertaining and the ground thereunto adjoining situate lying and being in the Strand in Winchellsey aforesaid and abutted to the Queens high Street there South to the common Chanel North to the lands of I.V. West and to the lands of A. A. Esq East containing by estimation 3 acres more or lesse One other peece or parcel of Land did lie at St. Leonards near Winchellsey aforesaid and abutteth to the Lands then or late I. W. North to the lands of I.P. South to a Lane called P. East to the Fleet called St. Leonards Fleet West containing in the whole by estimation 2 acres more or lesse And th' other piece or parcel of Land lying near unto the Kings green that is to say to the Queens high way South and West to the commons of the Town of Winchellsey East and to the Lands of A. H. North containing by estimation one quarter of an acre more or lesse as the antient bounds and marks thereof more plainly did shew and divide To have and to hold the said Brewhouse and the edifices and bulldings thereunto belonging together with all and singular other the edifices with all and all other the said several premises before recited and expressed and every part and parcel thereof with th' appurtenances to the said B.F. his Heirs and Assigns for ever Yielding and paying therefore yearly to the said Maior Jurats and Commonalty their Successors and Assigns the yearly Rent or Farm of Six pounds thirteen shillings and four pence of lawfull money of England at two usual Feasts and Terms in the year that is to say at the Feast of Saint Michael th'Archangel and the Feast of the Annuntiation of the blessed Virgin Mary by even and equal portions to be paid as in and by the said recited Indenture doth and may more plainly appear Now this Indenture witnesseth that the said B. F. for divers good causes and considerations him thereunto especially moving hath given granted and confirmed and doth by these presents for him his Heirs Executors and Administrators give grant and confirm unto the above-named T.F. and his Assigns one annual or yearly Rent of 10 l. of current English money issuing going forth and to be yearly had levied perceived and received out of the said Brew-house and other the edifices buildings thereunto belonging together with the said several pieces and parcels of land and out of all and every the premises in the above-recited Indenture specified and contained with all and singular the appurtenances To have and to hold the said Annuity or yearly rent of 10 l. of current English money issuing going forth and to be levied received and perceived out of the above-recited premises with the appurtenances as aforesaid Power to enter into the land and distrain for the
with th' appurtenances one Barn one Hay-house called a Lodge with all edifices to the said Messuage belonging or appertaining one Garden one Orchard and 9 pieces or parcels of Land Meadow and Pasture with th' appurtenances containing in the whole by estimation 20 acres of Land Meadow and Pasture be they more or less situate lying and being in the Parish of R. in the aforesaid County of K. and abutting on a certain Lane there called M. lane leading between L. N. towards the West to the lands of R. L. and R. S. towards the South the Lands of the said R.G. towards the East North as by the met●s and bounds thereof they are divided are set forth well known To have and to hold the aforesaid Messuage or Tenement with th' appurtenances the aforesaid Barn Hay-house called a Lodge the aforesaid Garden Orchard and the aforesaid 9 pieces or parcels of Land Meadow and Pasture with th' appurtenances and all other premises whatsoever with their and every of their appurtenances aforesaid to the said L. T. his Heirs and Assigns for ever to hold of the chief Lord of the Fee thereof by the services thereof heretofore due and of right accustomed And I the aforesaid T.H. and my Heirs the aforesaid Messuage or Tenement with th' appurtenances the aforesaid Barn Hay-house called a Lodge the aforesaid Garden Orchard and the said 9 pieces or parcels of Land Meadow and Pasture with th' appurtenances other the premises whatsoever with every of their appurtenances to the said L. T. his Heirs and Assigns against me and my Heirs and all other men will warrant and for ever by these presents defend In witnesse c. Livery upon the Deed of Feoffment PEaceable possession and seisin of the Messuages Lands and ●●●er the premises contained in this Deed was delivered by the within-named T.H. to the within-named P. W. and to his Heirs according to the form and effect of this Deed in the presence of us whose names are underwritten And when it is by Attorney thus PEaceable possession and sesin of all and every the premises in this Deed contained was delivered the 9th day of Iune in the year within written by R. S. and N. B. within-named Attorneys of the said I. D. within named to the raid E. H. according to the force form and effect of this Deed in the presence of those whose names are under-written ¶ A Bargain and Sale upon Condition for the payment of a certain sum of money upon a day by the Rendor to the Rendee with Warranty against all Men in manner and form of an usual Indenture of Morgage THis INDENTURE made c. Between W.L. of H. in the County of S. Yeoman of th' one part and T. S. of L. in the said County Yeoman on th' other part Witnesseth that the said W. L. in consideration of the sum of c. of c. to him the said W. by him the said T. S. before the ensealing and delivery of these presents well and truly in hand paid whereof and wherewith the said W. L. acknowledgeth himself to be fully satisfied c. hath given granted bargained and by these presents doth give c. unto the said T. S. all that the Site and Manor of L. with the appurtenances lying and being in H. aforesaid and all and singular those lands tenements rents services and hereditaments whatsoever in H. aforesaid being part parcel or member of or belonging to the said Site or Manor of L. containing in the whole by estimation c. and all and singular the lands tenements and hereditaments in L. aforesaid called and known by the name of c. And further the said W. L. hath for the consideration aforesaid given granted c. unto the said T. S. the reversion and reversions remainder and remainders of all and singular the said Site and Manor and of all other the premises before by these presents mentioned to be bargained and sold And all rents services and other thing reserved upon or payable by reason of any demise or lease of the said premises or any part thereof To have and to hold all and singular the said Site and Manor c. before by these presents mentioned to be bargained and sold with all and singular their appurtenances unto the said T. S. his Heirs and Assigns for ever And the said W. L. doth by these presents for him his Heirs c. Covenant and grant to and with the said T. S. his Heirs Covenant that the bargainor is seised of a good indefeasible estate in fee-simple that he had full power in his own right to bargain sell the premises c. and every of them in manner and form following that is to say that he the said W. L. is at the time of th' ensealing and delivery of these presents and at the time of the first estate thereof to be made executed or conveyed unto the said T. S. lawfully seized in his own right and to his own use of and in the said Site Manor of L. and of and in all and singular the Lands Tenements and Hereditaments and other the premises before by these premises mentioned to be bargained sold with the appurtenances of in every part thereof in his Demesne as of Fee-simple of a good sure lawfull rightfull absolute and indefeasible Estate without condition morgage or limitation of use or uses and at the time of th' ensealing delivery of these presents hath and at the time of the first estate thereof to be made exempted or conveyed shall have full lawfull and rightfull authority in his own right to bargain sell and convey the said premises and every part thereof And that the premises are and so shall continue clearly acquitted and discharged or else sufficiently saved harmless from all former Bargains Sales Feoffments c. Charges c. except the Rents due to the Lords of the Fee and the Dower of the Mother of the Bargainer unto the said T. S. and his Heirs according to the purport or effect of these presents and that the Site and Manor of L. and all other the Lands Tenements Hereditaments and premises before-mentioned to be bargained sold at the time of th' ensealing delivery of these presents be from time to time at all times hereafter shall continue remain be cleerly acquitted and discharged or by the said W.L. his Heirs c. sufficiently saved harmlesse and indempnified of from all manner of Bargains Sales Feoffments Alienations and from all manner of Estates Tails Vses Statutes Merchant and of the Staple Recog Judgements Condemnations Annuities Rent-charges Rent-secks Arrerages of Rents Conditions Forfeitures Entries or Re-entries for Condition or Conditions broken Joyntures Dowers titles of Dower and of and from all other interests titles charges and incumbrances whatsoever before the ensealing and delivery of these presents had made done committed or executed or at any time hereafter before
excepted shall and will from time to time and all times hereafter during the space of c next ensuing the date of these presents upon reasonable request and at the costs and charges in the Law of the said I. F. his Heirs or Assigns knowledge make do execute and suffer or cause to be made done knowledged and suffered all any very such further and reasonable act and acts thing and things devise and devises in the Law whatsoever for the further assurance of the said premises And that if the Recoverer do pay the money according unto the proviso that then the Recoveree will make further ass●rance likewise of these lands or any part thereof according to the purport true meaning of these presents other than the said Manor-house c. And such part and parcel of the said premises as is before bounden and limited out be it by Fine Feoffment c. And further if the said I. F. his c. or any of them shall well and truly content and pay or cause to be well and truly contented and paid unto the said H. P. his Executors c. the said sum of c. according unto the purport and true meaning of the said proviso at the time and place limited for the payment thereof that then the said H. P. his Heirs and Assigns and all and every other person and persons whatsoever any estate interest or thing having or lawfully claiming to have of and in all or to any part of the said Manor Messuages c. before by these presents mentioned to be bounded out shall and will from time to time and at all times after the payment of the said sum of c. according to the said proviso during the space of c. next ensuing such payment at the costs charges in the Law of the said I. F. c. knowledge do make execute c. for the further absolute assurance better surety and surer making and conveying of the said Manor-house Messuages c. before mentioned to be boundent out be it by Fine Foeffment c. ¶ An Indenture to lead the use of a Fine and Recovery THis INDENTVRE Tripartit made c. Between I. G. of c. of the first party R. R. of c. of the second party and T. A. of c. of the third party Witnesseth that for divers good causes and considerations it is covenanted granted concluded condiscended fully agreed upon by and between all the said parties to these presents either of the said parties do by these presents for thē their heirs c. covenant grant conclude condiscend and fully agree to and with th' other their Heirs Executors Administrators and Assigns in manner and form following that is to say that the said I. G. shall and will before the c. next c. at his own proper cost charges in the Law before the Iustices of the Court of Common-pleas at Westminster knowledge one Fine sur cognizance d. dr●it come ceo que il ad d. son done unto the said R. R. and T. B. with Proclamations according to the form of the Statute in such case made and provided in due form of Law to be levied of all that the Messuages c. situat lying and being in the Parish of H. in the said County of K. now in the tenure or occupation of A. T. the younger and sometime were the lands tenements and hereditaments of W. H. deceased by certain names number of acres and quantity of land in the said Fine to be contained By which fine the said I. G. shall acknowledge the said Messuages c. and all and singular other the premises with th' appurtenances to be the right of the said R. R. and T. B. as those which the said R. R. and T. B. shall have of the gift of the said I. G. and the same shall remise release and quit claim unto the said R. R. and T. B. and their Heirs forever which said Fine so to be acknowledged and levied and the execution thereupon to be had and taken and the said Messuages c. shall be adjudged deemed and taken to be and every part and parcel thereof to the only use and behoof of the said R. R. and T. B. their Heirs Assigns for ever and not to any other use And further that the said R. R. and T. B. shall after the said Fine so to be acknowledged and levied permit and suffer the said T. A. party to these presents and I. G. to purchase and sue forth against them the said R. R. and T. B. one Writ of Entry sur disseisin en l' post c. and therby to demand against them the said R. R. and T. B. the said Messuages and all other the premises with the appurtenances by certain names in the said Writ to be contained unto which said Writ so to be purchased the said R. R. and T. B. shall appear gratis and Vouch to warrant the said I. G. which said I. G. shall likewise appear gratis and enter into Warranty plead and after make default and that thereupon judgement shall be given that the said T. A. party to these presents and the said I. G. shall recover the said Messuages and other the premises with the appurtenances against the said R. R and T. B. and that they shall recover over in value against the said I. G. and that he shall recover in value against the Common Vouchee so that a perfect recovery therupon be had And that all the said parties to these presents the said Common Vouchee shall make do and execute all and every matter and thing meer necessary and expedient for the prosecution of the said Recovery according the course of common recoveries with double Voucher in such case used which said Recovery so to be had and executed and the execution thereof shall be and inure to the only use and behoof of the said I. G. his Heirs and Assigns for ever and not to any other use intent or purpose In witnesse c. ¶ An Indenture to lead the use of a Fine only THis INDENTURE made c. Between L. R. of c. of th' one part and W. R. of c. of th' other part Witnesseth that it is covenanted c. by and between the parties to these presents and the said L. R. for her her Heirs Executors Administrators and Assigns doth covenant c. in manner and form following that is to say that she the said L. R. shall and will before the Feast of c. by Fine in due form of Law to be levied in the Court at Westminster before the Justice of the Common Pleas with Proclamations according unto the form of the Statute in that case provided acknowledge all that the Barn c. hereafter mentioned that is to say one Barn c. in W. aforesaid whether more or lesse thereof there be had called and known by the names c. and bounding and abutting in manner
that the premises are free from Incumbrances whatsoever c. to and with the said I C. his c. viz. That all and singular the premises above by these presents bargained sold given granted alienated assigned and set over or mentioned or meant hereby to be bargained c. and every part and parcell thereof except before excepted the day of the date of these presents and also at the ensealing and delivery hereof are and be and so from henceforth shall or may continue during all the said term and time granted by the said Letters Patents unto the said I C his c. clearly acquitted and discharged or otherwise by him the said A B. his c. saved and kept harmlesse of and from all and all manner of former bargains sales gifts grants leases writings and incombrances whatsoever had made committed or done by the said A B. his c. or by any other person or persons whatsoever by his their or any of their means assent consent right title or procurement The yearly Rent aforesaid and Covenants in the same Letters Patents expressed which on the part and behalf of the Leasee and Farmer of the premises are or ought henceforth to be paid and performed for and in respect onely of the same premises onely except and foreprized And the said I C. for him I C. Covenants to pay and discharge the rent and all arrerages and save and keep harmlesse the said A. B according to the meaning of the Letters Patents c. doth Covenant c. to and with the said A B his c. by these presents in manner and form following viz. That he the said I C. his c. after the commencement of the said term of c. shall and will well and truly pay and discharge or cause to be paid according to the tenour and true meaning of the said recited Letters patents so made and granted unto the said A B the said yearly rent of c. and of the said yearly rent of c. and of all arrearages thereof shall and will at all times and from time to time well and sufficiently acquit and discharge or save and keep harmlesse the said A. B his c. and every of them against c. according to the true intent and meaning of these presents In witnesse c. An Assignment of Letters Patents for a Water-mill from c. and made over for the assurance of a Marriage-portion with other Covenants Penn'd by Councell THis INDENTVRE made c. betweene c. Witnesseth That whereas c. by Letters Patents under the Great Seal of England bearing date at Westminster c. Hath demised c. unto R T of c. all that Water-mill called c. with all their appurtenances in her said County of c. Recitall of the premises and all those three roods of meadow with the appurtenances lying and being on the South part of the said Mill and all that parcell of Land called c. and also all those nine acres of Land by estimation with the appurtenances lying on the East part and also all those dales and hills of land as the same were inclosed from the Ferry called c. unto the Mill aforesaid and also all those nine acres of land and pasture called c. with the appurtenances and all those two acres of meadow by estimation with the appurtenances lying in c. and also all those tythes of the same Mill and Lands or of any parcell thereof from time to time growing or arising with all and singular their appurtenances then or late before that in the tenure or occupation of c. or his Assignes to the late Hospitall of c. in England sometime belonging or appertaining and parcell of the possessions thereof sometime being and also all and singular Houses Edifices Buildings Barnes Stables Dove-houses Orchards Gardens Tofts Crofts Curtilages Lands Mildammes Pools Fishings Waters Water-courses Streames Sea banks Walls Ponds Pools Fishings places and fishing in the water called the Thames suit to the Mill toll profits commodities advantages emoluments and hereditaments whatsoever with all and singular their appurtenances to the said Mill and other the premises or any parcell thereof by any manner of means belonging appertaining happening or accrewing except one small Tenement or Cottage wherein one c. lately inhabited and one acre of ground thereto appertaining and all great trees woods underwoods mines and quarries of the premises for the terme of c. commencing from c. last past before the Date of the same Letters Patents whereupon the yearly rent of c. R T. declared his Will and made his Son Executors whereby they were possessed of the premises and by them conveyed to W. L. and W. L. conveyed the same to R. B. A Marriage is intended between ● H. and M. S. Daughter of R. B Moneys deposited into the hands of R. B. by T P for the stock of C. H and for and in consideration thereof and for the Portion of M.S. R.B. doth promise to surrender the premises to the use of C. H and M.S. and their Heirs according to the custome of the Manour is reserved payable at the Feasts of c. at the receipt of the Exchequer to the hands of the Bayliffe or Receiver of the premises for the time being as by the same Letters-Patents c. Which said R T. afterwards declared by his Testament or last Will thereby ordaining R T. and R T his Sons Executors thereof and died By vertue of which said Testament or last Will and the probate thereof they the said R. and R. were lawfully possessed to the same premises the whole ●●-state right title and interest of which said R T. and R T. was by Indenture of bargain and sale dated c. lawfull conveyed and assured unto W L. of c. and the estate right title interest property use possession reversion terme of years claim and demand whatsoever of which said W L. of in and to the same Letters-patents conveyances and premisses is by Deed Indented Dated c. lawfully conveyed and assured unto the said R B. And furthermore whereas Matrimony is intended betweene C H. of c. Son-in-law of the said T P. of the one part and M S. Daughter of c. and Daughter in-law of the said R B of the other part And whereas the said T P. hath paid and imposed into the hands of the said R B. before the ensealing hereof the summe of c. by and with the consent of the said C H. as his stock And whereas the said R B hath in consideration thereof and lieu and satisfaction of another c. being the portion of the said M S. now also resting in the hands of the said R B. promised that he the said R B his c. shall and will at his and their own charges at the next Court-Baron to be holden at and for the Manour c. cause and procure I H
and Assigns shall and will well and truly pay or cause to be paid unto the said T. F. and his Assigns during the natural life of the said T. F. the said Annuity or Annual rent of 10 l. yearly at or upon the second day of May or within the said 30 days next after the said day in manner and form as is before in these present Indentures limited and appointed Of which said Annuity or Annual rent of 10 l. to be paid as aforesaid the said B. F. hath put the said T. F. in present and full seisin and possession and by giving him the sum of Six-pence Seisin given of the rent In witnesse whereof the parties above-named to these present Indentures their hands and seals interchangably have put Dated the day and year first above written Anno Domini c. An usual Deed of Feoffment with general Warranty TO all Christian People to whom this present Writing shall come T. P. of T. in the County of K. Yeoman Greeting in our Lord God everlasting Know ye me the aforesaid T. P. for and in consideration of the sum of 60 l. of good and lawfull mony of England to me the aforesaid T. P. by I. T. of B. in the aforesaid County Clothier well and truly before-hand paid whereof I acknowledge my self to be fully satisfied and contented and said I. T. his Heirs Executors and Administrators to be for ever acquitted and exonerated by these presents have given granted infeoffed and by this my present Writing confirmed to the aforesaid I. T. his Heirs and Assigns all that Mannor Messuage or Tenement Barn Stable with all other edifices to the said Messuage or Tenement belonging or in any wise appertaining or with the same heretofore usually occupied And also one garden one orchard three pieces or parcels of land meadow and pasture with their and every of their appurtenances containig in the whole by estimation 10 acres of land and pasture more or lesse situate lying and being in the Parish of R. aforesaid and abutting upon the Kings high-way towards the South and West and the lands of the heirs of F. A. towards the South and East towards the land of A. M. towards the North and to the land of A. H. towards the North and East as by metes and bounds thereof they are set forth and well known Which said Messuage and other the premises whatsoever now are in the tenure or occupation of one I. L. or of his Assigns To have and to hold the aforesaid Messuage or Tenement with all and singular the edifices to the said Messuage belonging th' aforesaid three pieces or parcels of land meadow and pasture with all and singular edifices with their appurtenances and other the premises whatsoever to the aforesaid I. T. his Heirs and Assigns to the use and behoof of the said I. T. his Heirs and Assigns for ever To hold of the chief Lords of the Fee thereof by services hertofore due and of right accustomed And I the aforesaid T. P. and my Successors aforesaid the said Messuage or Tenement aforesaid three pieces or parcels of land meadow and pasture and other the premises whatsoever A general Warranty with all and singular the appurtenances to the said I. T. his Heirs and Assigns against me mine Heirs and Assigns and against all other men do warrant and for ever defend by these presents In witnesse whereof I the aforesaid T. P. to this my present Writing have put to my Seal Dated the first day of May in year c. A Release upon a Deed of Feoffment TO all Christian People to whom this present Writing shall come T. P. of T. in the Parish of T. in the County of K. Greeting in our Lord God everlasting Know ye me the aforesaid T. P. for and in consideration of the sum of 60 l. of good and lawfull mony of England to me th' aforesaid T. P. by I. T. of the aforesaid Parish of B. in the said County of K. Yeoman before-hand well and truly paid and for divers other good causes and considerations me hereunto especially moving have remised released and altogether for me and my Heirs for ever quit claimed by these presents unto I. T. of K. aforesaid Yeoman in his full and peaceable possession and seisin being to his Heirs and Assigns to the onely and proper use and behoof of him the said I. T. his Heirs and Assigns for ever all my right title claim interest or demand which I the aforesaid T. P. have or at any time had or any wayes hereafter may have of or in one Messuage or Tenement Barn Stable with all and singular edifices buildings and other the appurtenances whatsoever to the said Messuage or Tenement belonging or in any wise appertaining and of and in one Garden one Orchard three pieces or parcels of land meadow and pasture with the appurtenances containing in the whole by estimation 16 acres of land whether more or lesse situate lying and being in the aforesaid Parish of B. in the aforesaid County of K. abutting on the Kings high way there towards the South and West to the lands of the Heirs of F. A. to the South and East to the lands of A. M. towards the North and to the lands of A. H. towards the North and East as by the metes and bounds thereof as they are divided are set forth and well known So that neither I the said T. P. nor my Heirs nor any other by us for us or in our right and property title claim interest or demand of or in the said Messuage or Tenement with the appurtenances aforesaid Barns Stable with all other edifices aforesaid one Garden one Orchard aforesaid three pieces of parcels of land meadow and pasture with the appurtenances and of or in other the premises whatsoever with their appurtenances nor in any part or parcel of the same we may or hereafter ought to require claim or challenge but from every action right title claim use interest and demand in the same we are altogether excluded by these presents In witnesse whereof I the said T. P. to this present writing have put my seal Date● c. ❧ A General Release BE it known unto all men by these presents that I R. G. of R. in the County of K. Yeoman for divers good causes and considerations me thereunto especially moving have remised released and quit claimed and do by these presents for me my Heirs Executors Administrators and Assigns remise release and quit claim unto W. M. late of P. In the County of S. Tanner his Heirs Executors Administrators and Assigns all and all manner of actions both real personal and mixt and all and all manner of Bils Bonds Obligations Debts or Duties Judgements Executions Accompts and Demands whatsoever And all and all manner of Actions which I the said R. G. my Executors Administrators or Assigns have or had may or can have against the said M. W. his Executors or Administrators in or upon Bill
Bond or other Specialty in the which the said M. W. solely or joyntly with the other stands bound unto me the said R.G. and all other controversies and debates whatsoever which I the said R. G. my Executors Administrators and Assigns have may might or shall have for any cause or matter whatsoever from the beginning of the word untill the present day of the date of these presents In witnesse whereof I the said R. G. my hand and seal hereunto have put Dated the fourteenth day of Ianuary c. ¶ An Indenture of Covenants to stand seised to uses in consideration of natural affection c. THis INDENTURE made c. Between T. B. of S. in the County of K. Yeoman of th' one part and I. B. of S. aforesaid Yeoman one of the Sons of the said T. B. on the other part Witnesseth That whereas the said T. B. is lawfully seized in his demean as of Fee of and in one principal Mansion or messuage with the appurtenances commonly called known by the name of little A. or by whatsoever other name or names the same is or at any time heretofore hath been called or known by together with all and singular Buildings Barnes Stables Outhouses Lodges Orchards Yards Gardens and all other profits commodities and easements to the said mansion or messuage belonging or appertaining and also of and in 19 peeces or parcels of Land Meadow Pasture and Wood-ground with th' appurtenances containing in the whole by estimation 60 acres of Land Meadow Pasture and Wood-ground with th' appurtenances whether more or lesse situate lying and being in the said Parish of S. in said County of K. upon the Demeans of A. and L. and which now are or late were in the several tenures and occupations of the T. H. and N. W. their or either of their Assignee or Assignees and the said premises do bound and abutt in manner and form following that is to say to the Queens high-street leading between N. and S. towards the North to the lands which were sometimes one I. P. and now of R. L. Gentleman and to certain other Lands of the said T. B. towards the West towards the Lands of T.S. South and to other lands of the said T. B. towards the East South and North as the metes and bounds thereof do divide mete and shew Now the said T.B. for and in consideration of the natural love and affection which he the said T. B. hath and beareth unto his said Son I. B. and for the advancement and maintenance of him the said I. B. and preferment to his Heirs and also for the establishment and setling of the said Messuage Lands and Tenements and other Hereditaments in these presents before specified and contained according to the true intent and meaning of him the said T.B. and for divers other effectual and motive considerations him the said T. B. the Father towards his said Son especially moving and inciting doth for him his Heirs and Assigns and every of them covenant grant conclude and agree to and with the said I.B. his Heirs and Assigns that he the said T.B. his Heirs and Assigns and every other the person or persons which now or at any time hereafter shall be seized of and in the said Mansion or Messuage with the appurtenances and of and in all and singular Lands Tenements Meadows Pastures Wood-grounds and all and every other the premises before mentioned with all and every their appurtenances and of and in every part and parcel therof of in the reversion and reversions remainder and remainders thereof and every part and parcel thereof shall stand and be seized to the uses intents and purposes hereafter limited and appointed and to no other use intent and purpose whatsoever that is to say to the use and behoof of him the said T. B. during the term of his natural life and after the decease of him the said T. B. to the use and behoof of the said I. B. his Heirs and Assigns for ever Covenant that all conveyances made or to be made shall be to the uses in these Indentures expressed and to no other use or intent And it is fully covenanted granted concluded and agreed upon by and between the said parties to these presents and every of them and the said T. B. doth for him his Heirs Executors and Assigns covenant grant and agree to and with the said I. B. that all and singular Fines Recoveries Feoffments Alienations Conveyances and all other Conveyances and Assurances whatsoever of the said premises with the appurtenances and every part and parcel thereof now and at all times hereafter to be made shall be and inure and are by these presents appointed limited declared to be and inure to such use and uses as are by these presents before limited appointed and declared and to no other use or uses intent or intents whatsoever In witness whereof the parties above-named to these present Indentures their hands and Seals interchangably have put the day and year first above-written Anno. Dom. c. ¶ An Obligation conditioned for the release of an Annuity Neverint universi per praesentes nos c. THe Condition of the within written Obligation is such That whereas the within bounden I. H. and W. A. have by their release bearing date with these presents remised and released unto the within named R. S. a certain Annuity or yearly rent of Thirteen shillings and fourpence yearly issuing or going out of two pieces or parcels of land of the said R. S. conteining by estimation 4 acres situate lying and being in R. aforesaid as by the said Deed more at large appeareth If therefore the said R. S. his Heirs and Assigns shall or may from time to time and at all times hereafter have hold and enjoy the said two pieces and parcels of land ou● of which the said Annuity or yearly rent of Thirteen shillings and four pence is issuing as aforesaid acquitted and discharged of the said Annuity or yearly rent without and lawfull let interruption expulsion or eviction of them the said I. H. and of M. now his Wife and of the said W.A. and of A. now his Wife and without any lawfull let interruption expulsion or eviction of the Heirs or Assigns of them the said M. and A. and of all other person or persons claiming in by from or under them the said I.H. and M. his Wife and by the said W. A. and A. his Wife or in or by from or under any of them and the Heirs or Assigns of them or any of them That then this present Obligation to be void frustrate and of none effect Or else to stand be and remain in his full force power strength and vertue ¶ An Indenture of sale of Woods with a proviso of Redemption THis INDENTURE made c. Between I. W. of B. in the County of K. Yeoman of th' one part and P. F. of B. in the said County of K. of th' other part
Witnesseth that the said I.W. hath granted bargained and sold and doth by these presents for him his Heirs and Assigns grant bargain and sell unto the said P. F. his Executors and Assigns all and singular Woods Vnderwoods Timber and Timber-Trees standing and growing in and upon two pieces o● parcels of Wood-grounds situate lying and being in the parish o● B in the said County of K. and belonging and apertaining unto one M●ssuage Farm or Tenement now in the occupation of the said P.F. or together with the said M●ssuage Farm or Tenement now occupied and enjoyed and one piece or parcel of the said Wood-ground whereupon the said Woods Vnderwoods and Timber do stand and grow containing by estimation 16 acres and abutteth boundeth unto certain Wood-grounds of R.S. and to the Lands of I.C. towards the East to the lands of I.S. towards the West to the Queens high-street there towards the North and unto the lands of the said I.W. in the South and the other piece or parcels of Wood-ground whereupon the said Woods Vnderwoods and Timber trees do stand and grow containing by estimation 8 acres and abutteth ●nd boundeth unto the lands of I.C. towards the South and West and unto the lands of I. W. and I. S. towards the East and unto the lands of I. C. towards the North To have and to hold the said Woods Vnderwoods Timber and Timber Trees now standing and growing in and upon the said two pieces or parcels of Wood-ground unto the said P.F. his Executors Administrators Assigns unto the proper use of the said P.F. his Executors Administrators and Assigns The said woods under-woods timber to be cut and carried away within the space of 4 years next after the date of these presents not after the said space Proviso that the bargainee c. shall not cut down or appoint to be cut down the said woods c without licence of the bargainer first had until after such a time Proviso that if the bargainer c. pay such a sum or if he fail of payment of that if he shall pay such a sum that then this bargain and sale shall be void The said Woods Vnderwoods Timber and Timber-Trees to be sold cut down and carried away off and from the said Wood-ground within the space of 4 years next ensuing the date of these presents and not after the sad space and time Provided alwaies and upon condition that the said P. F. his Executors Administrators Assigns shall not fell nor cut down or cause or appoint to be felled or cut down in the said Woods Vnderwoods Timber and Timber trees nor any part or parcel thereof without the assent consent or licence of the said I.W. in writing first had obtained until after the first day of January which shall be in the year of our Lord God according to the Church of England c. Provided alwayes and it is conditioned That if he the said I. W. his Heirs Executors Administrators and Assigns or any of them shall well and truly pay or cause to be paid unto the said P. F. his Executors Administrators or Assigns at or in the porch of the Parish Church of B. above-named the sum of c. of c. at or upon the c. which shall be next and ensuing the date hereof or if he the said I. W. his Heirs Executors Administrators or Assigns shall fail to make payment of the said c. at or upon the c. Then if he the said I.W. his Executors Administrators Assigns or any of them in or at the place aforesaid shall pay or cause to be said unto the said P. F. his Executors Administrators or Assigns the sum of c. of c. That as well this present grant bargain and sale of all and singular the said Woods Under-woods Timber and Timber-Trees above specified and every part and parcel thereof as also this present Indenture and every covenant clause article and agreement in the same specified and conteined shall be utterly void frustrate Covenant that the bargain●e under the conditions before expressed shall during the time limited enjoy the woods c. without interruptiō of him or any person claiming under him and that he shall have free ingress egress regress for Horse Cart c. to cut carry away the same and determined to all intents and purposes whatsoever And the said W doth for himself his Heirs Executors Administrators and Assigns covenant and grant to and with the said P. F. his Executors Administrators and Assign that he the said P. F. his Executors and Assigns shall and may under the condition and conditions proviso and provisoes before specified during the time and term above by these presents limited have and enjoy the said Woods Underwoods Timber and Timber-trees now growing and standing upon the premises and the fall shore of them without any let or interruption of the said I. W. his Heirs Executors Administrators or Assigns or of any other person or persons clayming or pretending to have any right title or interest by from or under him And also that he the said P. F. his Executors and Assigns and his and their servants and workmen under the condition and conditions proviso and provisoes before in these presents specified shall and may have free ingress egress and regress into and from the said two pieces and parcels of Wood-ground upon which the said Woods Underwoods Timber and Timber Trees doe stand and grow and every of them with Horse Cart and Carriage Covenant that the bargainee will ●ot fell or ●●●se to be felled the said wood c. but 〈◊〉 seasonable times according to the custom of the country where they grow at all times during the time aforesaid for the selling cutting down hewing and carrying away the aforesaid Woods Underwoods and Timber at his and their will and pleasure And he the said P. F. doth for him his Heirs Executors Administrators and Assigns covenant and grant to and with the said I. W. his Heirs Executors Administrators and ●ssigns that he the said ● F. his Executors and Assigns shall not fell nor cause to be felled any of the said Woods Underwoods Timber Timber trees but in due and seasonable time of felling according to the custom of the Country used in those parts where the said premises grow And that the bargainee c. will not destroy the springs after the fall of the woods but wil preserve thē and continue And also that he the said P.E. his Executors and Assigns shall and will not hurt or destroy the sheats and springs which shall grow in and upon the said premises after the fall of the said Woods as aforesaid but shall and will to his and their uttermost power keep save and preserve the same In witnesse whereof c. ¶ An Indenture of the sale of Woods with Covenants to cole the said Wood upon the Ground c. THis INDENTVRE made c.
to be done any act touching the administratiō of the goods except c. which already is or at any time or times hereafter shall or may accrue come belong or of right appertain unto the said Executors or either of them as Executors of the said Will and Testament And further that he the said T. B. his Executors Administrators or Assigns shall or lawfully may from time to time and at all times hereafter without any eviction let or disturbance of the said A. S. her Executors Administrators or Assigns or of any other person or persons clayming by from or under her make do execute and commit or cause to be made done executed or committed all and every matter and thing act and acts whatsoever touching the administration of all or any of the goods and chattels except the goods and things as are before exepted to all intents and purposes Covenant by the Grantee to keep the Grantor his goods lands c. indemnified from all bargains debts duties c. wherewith she is chargeable as Executrix and in every respect as shee the said A. might have done if this present grant had never been had or made And the said T.B. for him his Heirs c. doth Covenant and grant to and with her the said A. S. her Executors c. that he the said T. B. his Heirs c. shall and will from time to time and at all times hereafter well and sufficiently save and keep harmlesse and indemnified the said A. S. her Executors and Administators and also her and their goods and chattels lands and tenements of and from all and all manner of Legacies Debts Duties Sutes Actions Incumbrances and Deeds whatsoever wherewith or whereby she the said A.S. her Executors Administrators or Assigns or either of them shall or may be at any time or times hereafter either solely or joyntly together with any other person or persons arrested impleaded charged damnified or incumbred as Executor or Executors of the said Will or by reason of the said Will or for or by reason of any debts bargains or other things in the said Will contained In witnesse whereof c. A Lease of a Messuage with certain Lands Woods and Mynes thereto appertaining and also a power of Fishing upon the said ground together with power to coal the Wood upon the ground THis INDENTVRE made c. Between R.C. c. of th' one part and G.G. of th' other part Witnesseth that the said R.C. for divers good considerations c. hath demised all that his Messuage c. with the appurtenancess called and known by the name of c. And all his Lands c. lying and being in W. aforesaid to the Messuage c. called B. appertaining or as parcel thereof usually occupied containing in all by estimation c whether more or lesse which lieth boundeth and butteth as fooloweth viz c. all and singular the Woods Underwoods and Trees now standing growing or lying or which at any time during the said term shall grow or be in or upon the premises by these presents demised or any part thereof And all and singular the Mines now growing or being in and upon the premises by these presetns demised on any part thereof Power to coal the wood to do other acts necessary for the same together with free liberty full license power and authority for him the said R. C. his Heirs and Assigns and for his and their Workmen Servants and Labourers from time and at all times during the said term at his their will pleasure to fell cut down cleave out cord and coal the said Woods Underwoods and Trees or any part thereof and earth dust cover and all other things necessary and expedient for the cōverting of the said Woods Underwoods and Trees or any part thereof Power to opē the mines to dig draw cast up c. Power with Cart carriages c. to carry away the Woods Cores c. into cole upon the said premises or upon any part thereof and to take and have Colliers Lodges upon the said premises from time to time during the said term at his and their will and pleasure to make and remove and the said Mines to open and the Mines therein from time to time during the said term in convenient places to digg draw and cast up lay and bestow upon the said premises or any part thereof and the said Woods Trees Coles and Mines or any part thereof from time to time and at all times during the said term at his their will and pleasure Lease of a Pond upon part of the premises with liberty to dig for the mending thereof all Fish and fishings in the said Pond with Wains Cart and Carriages from thence by necessary and convenient ways over and through the said premises or any part thereof to fetch and carry whither and to such place or places as to the said R.C. his Heirs or Assigns shall seem good and one Pond made upō part of the said premises and the banks bays and sluces thereunto belonging with liberty to digg earth and clay for the mending thereof and all Fish and Fishings in the said Pond And also all the fish now being or which at any time during the said term shall be in three Marl-pits hereafter expressed that is to say And also all the Fish fishing in 3 Marl-pits with liberty to come and go by any means to take the same c. together with free liberty and authority from time to time c. and at all times during the said term for him the said R.C. his Heirs and Assigns to come and go from the said Marl-pits or any part of them And the same pits or any part of them with Angles Engins or by sewing or letting out of the water or otherwise as to him or them shall seem good to fish To have c. the said Messuage or Tenement called B. the Lands Tenements Hereditaments and other the premises before by these presents demised with all and singular th' appurtenances unto the said G.G. and his Assigns for and during the natural life of the said G.G. Yielding c. during the said term at or in the now Manor-house of the said R. C. called C. Sit. c. unto the said R.C. and unto the heirs of his body lawfully begotten Reservatiō of a Rent upon a Lease for life to the Lesser the heirs of his body for default of such heirs to such persons to whom the reversion shall descend and for default of heirs of his body lawfully begotten to such person and persons their heirs and Assigns to whom the said premises before by these presents demised or the reversion or reversions remainder or remainders thereof shall after the death of the said R. without heir of his body lawfully begotten descend revert remain accrue or be c. of lawfull c. at two usual Feasts in the year that is
the said F. or his Assigns if he shall be then living or to the said E. F. his Heirs c. it he the said F. shall be then dead at or in the Iron Forge the sum of c. at one whole and entire payment And if and as often as the said H. and M. or their Executors c. shall make default in payment of any of the said several payments in form aforesaid covenanted to be paid that then the said H. and M. their Executors c. covenant grant and agree to forfeit and pay unto the said F. F. if he shall be then living or to the said E. his Heirs c. if the said F. shall be then dead for every such default c. in the name of a pein and the said F. and E. doe and either of them doth by these presents for them and either of them and for the Heirs c of them and either of them further covenant promise and grant to and with the said H. and M. their Executors c. and every of them that they the said F. and E. their Heirs c. shall and will during the continuance of this present Lease save defend and keep harmlesse the said H. and M. their Heirs c. and every of them of from and against all outrage spoyl and hurt hereafter to be done or done by any the people in the Country or others in willfull burning or destruction of any the said Iron or workforge or Iron Mill Cole-pits or Cole heaps houses or Cabyns Convenant that the Lessees shall take timber for repairing or making of the furnace c. or other buildings built for the use aforesaid which already are or at any time hereafter during the said term shall be erected builded or made in or upon the said premises or any part thereof in cutting pulling or breaking up of any of the said Ponds or Pond heaps which are now or at any time hereafter shall be made for the use of the said furnace forge or Hammmer Mill during the term aforesaid and the said F. and E. doe and the Heirs c. of them and either of them doth covenant and grant to with the said H. and M. their Executors c. that it shall and may be lawfull to and for the said H. and M. their Executors c. during the continuance of this present Lease to take upon the lands of the said F. and E. or either of them or the Heirs c. of them or either of them sufficient competent and necessary timber for the repayring making or amending of the said Furnace Covenant that if such persons shall judge the Iron works worth so much yearly besides the Rent aforesaid reasonable gains allowed and shall set down in writing that the Lessees shall pay so much that then they will pay the said sum besides the Rent Hammer Mill or Iron work or any other necessary buildings or edifices which shall be erected or built in or upon the premises for the necessary use or uses aforesaid And it is further covenanted concluded and agreed by and between the parties to these presents And the said H. and M. do and either of them doth by these presents for them and either of them their Executors c. Covenant and grant to and with the said F. and E. their Executors c. and every of them that if R. C. and R. L. of c. shall within c. next after the Feast of c. find cause to judge or shall think in their Consciences that the said Iron works shall be worth yearly the sum of c. and besides the yearly Rent before mentioned with reasonable gains to be allowed to the said H. and M. their Executors c. for their travell and the use of their stock in this behalf and they the said R. C. and R. L. thereupon do within the said c. conclude agree and set down in writing under their hands and Seals that the said H. and M. their Executors c. shall pay yearly during the residue of the years then to come the said sum of c. or any part thereof that then they the said H. and M. their Excecutors c. shall and will from thenceforth yearly satisfie and pay unto the said F. and E. over above and besides the yearly rent and payment before reserved the sum of c. Or so much thereof as the said R. L. and R. C. shall set down in writing under their Hands and Seals as aforesaid Covenant that the Lessors during c. will not alien the woods to any person but Lessees but to leave them for the Iron works Woods necessary to be imployed about the Mansion house of one of the Lessors excepted And it is also covenanted granted concluded and agreed by and between all and every the said parties and they the said F. and E. and either of them doth for them Covenant and grant to and with the said H. and M. their Executors c. and every of them that neither they the said F. and E. nor either of them nor the Heirs c. of them or either of them shall or will at at any time or times hereafter during the continuance of this present Lease sell grant convey or alien away any of the woods fit for the making Cord-wood standing growing or being within two miles of the said Iron-works or any of them to any person or persons other then to the said H. and M. their Executors c But shall leave the same woods to remain serve and be imployed in upon or for the use of the said Iron works woods necessary to be imployed in or upon the new Mansion house of the said F. only excepted And the said F. and E. doe and either of them doth for them and either of them The usual Covenant that the Lessors are seised in fee and have full power to demise the premises and for the Heirs c. of them and either of them Convenant promise and grant to and with the said H. and M. their and either of their Executors c. and every of them that they the said F. and E. are or one of them is lawfully seised in their demean as of Fee of all and singular the Lands Woods and Wood-grounds called H. C. and of the said streams and parcels of Land and ground where the said Furnace or Forge are situate and being and also of the said Furnace Forge and other buildings thereunto belonging or appertaining and before by these presents demised And that they the said F. and E. have or one of them hath good right full power and lawfull authority to demise let and grant all and singular the premises before mentioned to be demised letten or granted in manner and form aforesaid Here follows the usual Covenant of quiet and peaceable enjoyment of the things demised as also the Covenant of discharging or saving harmlesse the same from all former conveyances
last Will and Testament specified and conteined Limitation of uses to the Executor as aforesaid and for to discharge such charges as the said Executors hath or shall sustein or be put unto in or about the same and in or about the last Will and Testament of I. G. deceased for during and untill the Debts and Legacies of the said E. G. be fully paid discharged and also until he the said Executor his Executors and Assigns shall have had levyed and received all and every such charges and expences whatsoever as he shall have layed out disbursed or be put unto in or about the last Will and Testament of the said E. G. and in or about the last Will and Testament of I. G. deceased which he the said Executor shall not by the last Will of the said I. be allowed and afterward to the use of G. H. Son of the said Executor his Heirs and Assignes for ever Proviso that the cestuy que use shall pay so much yearly to the Vicar and Churchwardens of certain Parishes for the relief of the poor and impo●ent in the said Parishes and that they shall distrubute it at such a time and after the decease of the laid E. G. as aforesaid then of and in all that Tenement or Lodge together with c. of land with the appurtenances containing in the whole by estimation c. whether more or lesse to the said Tenement or Lodge belonging or appertaining The which the said E. G. had and purchased to him and his Heirs of one I. G. of S. aforesaid deceased and is now in the tenure and occupation of I. A. or his Assignee or Assignees are situate and being in R. aforesaid to the use and behoof of F. G. Son of I. S. late of R. aforesaid deceased his Heirs and Assignes for ever Provided always that he the said F. G. his Heirs and Assigns shall and do yearly after the decease of the said E. G. at or upon the Feast of c. for and toward the relief maintenance and sustenance of the poor aged and impotent people within the Parishes of B. and R. aforesaid content and pay or cause to be contented and paid unto the Vicar and Church-wardens of the said Parish of B. or unto any of them for the time being and unto their successors for ever at or in the Parish Church of B. aforesaid the sum of c. of c. And unto the Vicar and Churchwardens of the Parish of R. aforesaid for the time being or unto any of them and unto their successors for ever at or in the Parish Church of R. aforesaid the sum of c. of c. The first payment of the said several sums to begin at and upon the next Feast of c. which shall first happen after the decease of the said E.G. to the end intent the Vicar and Churchwardens of the said several Parishes shall yearly at and upon the feast of c. or at and upon the Lords day then next and immediatly following the same distribute or cause to be distributed the said several sums unto the poor and impotent people inhabiting within the said several Parishes And if the said F. G. his Heirs and Assigns doe not content and pay o cause to be contented and paid And if the cestuy que use shall fail of payment that then the cestuy que use c. shall forfeit so much nomine poenae the said several sums of c. according to the true intent and meaning of the last proviso in these presents contained then he the said F. G. his Heir and Assigns shall forfeit unto the Vicar and Churchwardens of every of the said Parishes of B. and R. and their successors for the time being severally where any such default shall happen to be the several sums of c. nomine poenae for every such default and so often as the same shall happen and shall not incur any other penalty or forfeiture by implyed condition limitation Covenant that in the default of payment of the said sums the cestuy que use shall stand seised to the use of the Vicar and Church-wardens until that they have levyed the sums with the nomine poe●ae or any other thing in these presents contained And it is covenanted granted condescended and agreed by and between the said parties to these presents and every of them their and every of their Heirs and Assigns and the true intent and meaning of all and every Feoffment and other coveyance of the last recited premises made shall be deemed and esteemed and taken to be That the said W. I. R. S. P. M. and P. H. and the survivor of them their Heirs and Assigns shall upon default of payment by the said F. G. his Heirs or Assigns of the said several sums of c. contrary to the purport intent and true meaning of the Proviso before by these presents specified by the which the sev●●●●●ams are appointed and limited to be paid stand and ●●seised of the said last recited premises unto the use and behoof of the said Vicar and Churchwardens of every of the said Parishes of B. and R. for the time being until that they for the several defaults unto every of them made shall have severally had levyed and received as well the said several sums of c. before by these presents appointed to them to be paid with all and every their Arrearages thereof As also the said several penalties of c. nomine poenae for every default by the said F. G. his Heirs and Assigns made And lastly after the decease of the said E. G. aforesaid then of and in all that barn and land with the appurtenances commonly called and known by the name of F. and M. or by whatsoever other name the same is called and known containing by estimation c. more or lesse in the tenure and occupation of one G. G. or of his Assignee or Assignees lying and being in the Parish of R. aforesaid And also of and in that one messuage or tenement with the appurtenances commonly called or known by the name of G. or by whatsoever other name or names the same is called or known by together with 20 acres of land meadow pasture and wood whether more or lesse to the said messuage or tenement belonging and to the same had occupied and enjoyed now in the tenure and occupation of S. G. or of his Assignee or Assignees situate lying and being in B. aforesaid to the use and behoof of E. H. of C. aforesaid Gent. his Executors and Assigns for and towards the payment of the Debts of the said E. G. and satisfying of his Legacies in his last Will and Testament specified and conteined and for discharge of such charges as the said Executor hath or shall sustein or be put unto in or about the same Limitation of uses to one his Executors as aforesaid to wards the pament of Debts c as
distresse and distresses of the said E.H. his heirs and asigns and that the said Manor and other the premises with th' appurtenances out of which the said Annuity or yearly rent is mentioned to be granted now be and from time to time and at all times hereafter shall continue remain and be of the cleer yearly value of c. over and above all charges and reprises whatsoever And that the said E.H. his heirs and assigns shall or lawfully may from time to time at all times peaceably quietly have perceive take and enjoy the said Annuity or yearly rent according to the purport of the said Deed. And further if the said Manor c. and all other the premises out of which the said annuity or annual rent is mentioned to be issuing at the time of th' ensealing and delivery of the said Deed be and so from time to time and at all times hereafter shall continue remain and be acquitted and discharged or else from time to time and at all times hereafter sufficiently saved harmlesse and indemnified of and from all and all manner of former bargains sales gifts grants alienations intails leases statutes judgements executions intrusions and all other interests titles charges and incumbrances whatsoever That then c. or else c. An Assignment of Dower by the Heir unto the Feme TO all persons c. T.S. of c. Son of T.S. late of H. aforesaid deceased sendeth greeting Whereas the said T.S. Father of me the said T. was during his life lawfully seised in his demean as of Fee and at the time of his death died so lawfully seised of and in divers lands and tenements of which M. late wife of the said T. and now wife of R.G. Citizen of London was at the time of his death indowable and thereof ought to have a full third part assigned limitted and appointed unto her for her Dower Now know ye that I the said T.S. in consideration and for the Dower of her the said M. have assigned limited and appointed and by these presents do assign limit and appoint unto the said R.G. and M. now his Wife Mother of me the said T.S. and late the Wife of the said T. for the Dower of her the said M. one piece and parcel of Land with the appurtenances commonly called and known by the name of V. containing in the whole by estimation c. whether more or lesse situate lying and being in c. and boundeth and butteth c. as the meets and bounds do divide and shew and are well known to have c. the said premises with the appurtenances unto the said R.G. and M. his Wife for the Dower of her the said M. for and during the natural life of M. for and in the name of the reasonable dower of her the said M. In Witnesse whereof c. A Deed poll of receipt of a sum of money accorcording to a Proviso contained in certain Indentures and an Acquittance thereof TO all Persons c. P.H. c. sendeth greeting Whereas in one Indenture made between R.G. of c. of the one part and E.H. of c. ● I. of c. R.S.P.H. and R.G. of c. of the other part and bearing date c. there was contained one proviso amongst other covenants clauses and agreements in these words following that is to say Provided always and upon condition of c. reciting the Pro●iso verbatim and then as followeth As in and by the said Indenture at large and plainly doth and may appear Now know ye that I the said P. H. have the day of the date of these presents and within the space of c. next ensuing after the decease of the said R.G. late of C. in the said proviso named had and received in the South porch of the Parish Church of B. aforesaid of the said R.G. of B. the just and full sum of c. for and towards the payment of the debts legacies and performance of the last Will and Testament of him the said R.G. of C. aforesaid according to the effect purport intent and true meaning of the said recited proviso in the said Indenture contained The receipt of which said sum of c. I the said P. H. do by these presents thereof and of every part thereof acquit and discharge the said R.G. his heir sexecutors and assigns by these presents In Witnesse whereof c. A Deed of Gift of Hay and Corn in Barns together with the Barns as also of Corn standing with the soyl whereupon c. and of goods in particular THis Indenture c. Between I. B of c. of the one part and R.L. of c. on the other part Witnesseth That whereas the said I.B. is and standeth debted unto the said R.L. in the sum of c. He the said I.B. for and upon the consideration aforesaid hath given granted bargained and sold and by these presnts doth give grant bargain and sell unto the said R.L. his executors administrators and assigns all and singular his Hay Wheat Barley and Oates Grant of the Hay and Corn and B●rns lying and being in any the Barns or Stacks of him the said I.B. in H. or B. or elsewhere in the said County of K. The which said premises do by estimation contain and amount unto the rates and quantities hereafter following that is to say the said Hay doth by estimation amount unto the quantity of 42 loads or thereabouts and so recite the residue And the said I.B. doth for the consideration aforesaid grant unto the said R.L. his executors and assigns the barns and rooms where the said premises do now lie and remain together with free liberty and also free ingresse egresse and regresse and passage in by over and through any the said lands and tenements now in the tenure and occupation of him the said I.B. and every or any part or parcel thereof as well to fetch take and carry away the said premises or any part thereof with Wayns Carts or otherwise at the will and pleasure of the said R.L. his executors and assigns As also to throw out or bestow the chaff straw or other things coming thereof in or upon such part of the said lands as is or shall be near adjoyning unto any of the said barns or places where the said premises lie remain at any time or times until the Feast day of c. next ensuing the date of these presents And the said I. B doth for the consideration aforesaid give grant bargain and sell unto the said R.L. his executors and assigns all and singular the Wheat and crop of wheat of him the said ● B. standing or growing in or upon any the lands now or late in his tenure or occupation in B. aforesaid Grant of the Corn growing together with the ground in the said County of K. containing in the whole 8 acres whether more or lesse together with the ground whereupon the same doth now stand
or grow and free liberty ingresse egresse regresse and passage for him the said R.L. his servants and workmen in by over and through any the lands or tenements now in the tenure or occupation of him the said I.B. to cut down mow take and carry away with carts wayns or otherwise at the free will and pleasure of the said R.L. or his assigns the premises or any part thereof untill the feast of c. next ensuing the date hereof And the said I.B. doth further for the consideration aforesaid give grant bargain and sell unto the said R.L. his executors and assigns all and singular the goods and chattels Grant of the goods and chattels real and personal real and personal of him the said I.B. mentioned expressed contained or set down in a certain schedule indented unto these presents annexed To have and to hold the said Hay Wheat goods chartels and all and singular other the premises with all and every their appurtenances unto the said R L. his executors administrators and assigns for ever to the only and proper use and behoof of him the said R. his executors and assigns for ever And the said R. L. doth for him his heirs exec adm and assigns covenant and grant to and with the said I.B. his executors and assigns Covenants by the grantee to pay unto the grantor c. upon request so much as the premises shall amount unto above the sum of c. necessary charges and expences allowed that if he the said R.L. his executors and assigns shall and do make of the said premises before by these presents unto him given granted bargained and sold above the said sum of c. allowing unto him the said R.L. his executors and assigns all such charges and expences which he the said R. his executors and assigns shall be at in the keeping ordering or setting the said premise or otherwise be put unto in about or concerning the same that then he the said R.L. his executors and assigns shall and will at all time and times upon request unto him the said R. his executors or assigns by the said I.B. his executors or assigns had or made within the space of c. next after such request content or pay or cause to be contented or paid unto the said I. B. his executors or assigns at or in the c. of H. aforesaid all such overplus sum and sums of money as he the said R.L. his executors or assigns shall make of the said premises with the allowances aforesaid above the said sum of c. And the said I.B. hath put the said R. L. in full and peaceable possession by deliverry of one Oxe parcel of the premises before in these presents mentioned to be bargained and sold In witnesse whereof c. The Schedule in this present Indenture mentioned The schedule containing and expressing such goodt and chattels as are meant and intended to be bargained sold assigned and set over by these presents to which same is annexed Imprimis four Oxen c. A Release of Errors upon a Fine TO all Persons to whom these presents shall come I.P. of c. sendeth greeting Know ye that I the said I.P. for divers good c. have remised released and for me my heirs c. for ever quite claimed and do by these presents for me my heirs and assigns remise release and quite claim unto I.S. of B. in the said County of K. Gent. his heirs and assigns all and singular right title use interest claim and demand which I the said I.P. my heirs executors and assigns or any of them have may can shall or ought to have challenge or demand in or unto the lands tenements and hereditaments with their appurtenances or any of them which he the said I.S. lately had and purchased of me the said I. P. sit lying and being in S. in the said County of K. And also all and all manner of actions and writs of Error and Errors and all and every Error and Errors whatsoever which I the said I.P. mine heirs executors assigns or any of them may can or might have or am or shall be in any sort intituled unto in or upon any Fine or Fines or otherwise against the said I. S. his heirs and assigns In witnesse whereof c. A Condition that if the wife survive her husband that his Executors shall pay unto the wife the sum of c. THe Conditions c. that if A. M. wife of the within bounded I. M. shall fortune to survive and overlive him the said I.M. Then if the heirs executors administr or assigns of the said I. M. shall and do well and truly content satisfie and pa● or cause to be well and truly contented satisfied and paid unto the said A. M. her executors and assigns the sum of c. within c. next after such the death and decease of the said I.M. at or in the c. within written That then c. A Letter of Attorney authorising to enter into certain lands and after entry to seal and deliver a Deed subscribed by the M. by which those lands are conveyed over c. TO all Persons c. W. H of c. sendeth greeting Know ye that I the sa●d W.H. for divers c. have authorized appointed and in my place put and do by c. my loving friend S.B. of c. my true and lawfull Attorney for me and in my name to enter into certain land and wood-wood-land commonly called and known by the name of c. or into any part or parcel thereof and into all and singular the lands tenements and hereditaments specified and conteined in a certain writing being of the date hereof by me subscribed and unto these presents annexed or into any part or parcel thereof in the name of the whole and after such entry made to seal the said writing by me subscribed and to these presents as aforesaid annexed and the same as my Act and Deed unto the said I.B. in the said writing named or to his certain Attorney in that behalf appointed to deliver Ratifying and allowing by these presents whatsoever my said Attorney shall do or cause to be done in or about the doing of the premises In Witnesse whereof c. An Indenture of Covenants to lead the use of a Fine Feoffment c. In consideration of natural affection THis Indenture c. Between Sir R.M. of c. Knight of th' one part and Sir P.W. Knight and P.W. of c. Esquire and A.T. of c. on the other part Witnesseth that the said Sir R.M. for and in consideration of the natural love and affection the which he hath and beareth unto I. M. his Son and Heir apparent and for his advancement and for the present maintenance of the Heir of him the said R. and to the intent his Daughters may have convenient portions to maintain them and to preferr them in Marriage And also for the establishing
his c. before the Feast c. knowledg and leavy a Fine with proclamation unto I.L. and R.S. and to the Heires of the said I.H. before the Justices for the time being of Common pleas to be holden at Westm ' of the said premises demised by the name of c name the things particularly with the appurtenances and for the declaration uses and intents of the same time It is Covenanted and agreed between the said Parties of these presents and the said I.H. c Covenanteth c. that the said Fine so to be levied of the premises demised by the number of acres and names before mentioned shall extend only to the said Lands Tenements and Hereditaments with the appurtenances of the said I.T. as aforesaid and to none other Lands Tenements or Hereditaments in S. aforesaid And the said Fine so to be levied to the said dimised premises immediately after the entring and engrossing thereof That the Fine shall be to the use of I.F. And the said I.H. and R.V. and the Heires of the said I.H. and all other Persons that from thenceforth shall be seized to the said premises demised shall stand and be thereof seized to the use and behoof of the said I.T. party to these presents his Heires and Assignes for ever In Witnesse c. An Indenture of Revocation of Uses with divers other Covenants to that purpose TO all Christian people to whom this present writing Indented shall come I Sir R.B. of c. Knight The recital send greeting in our Lord God everlasting Where by one Indenture bearing Date c. made between me the said Sir R.B. by the name of Sir R.B. of c. on the one party and c. on the other party I the sayd Sir R.B. as well for the better advancement and preferment of the Heires males of my body lawfully to be begotten and for the better advancement and preferment of W.B.R.B. and T.B. Gentlemen Brothers of me the said R.B. and of divers other the Kinsmen Friends and Allies of the name of me the said Sir R.B. and of every the Person and Persons afterwards in the said recited Indenture particularly named and of the several Heires males of their bodies lawfully begotten and to be begotten and for the natural and especiall love favour and affection which I the said Sir R.B. did beare unto the said W.B.R.B. and T. B and to the intent that all and singular the Manours Mesnages Lands Tenements and Hereditaments in the same recited Judenture particularly mentioned or expressed might remain continue and be in the name of the said B. and in the name blood stock family and kindred of me the said Sir R.B. so long as it shall please Almighty God to permit and suffer the same as also for divers other good causes and considerations me the said R.B. thereunto especially moving Did covenant promise and grant c. in and by which recited Indenture it is provided Covenanted granted condescended and agreed by and between all and every the said Parties to the same recited Indenture for themselves their Heires and Assignes In W th Indenture there is a Covenant that it should be lawful for Sir R.B. to revoake the Uses and to the true intent and meaning of them and every of them and their Heires as in the same Indenture is that it should and might be lawful to and for me the said Sir R.B. and that I the said sir R.B. should have full power and authority at all times hereafter and from time to time at my will and pleasure by any my Deed or Deeds writing or writings or by my last Will and Testament by me sealed and subscribed in the presence of two or more credible Witnesses to alter change diminsh enlarge revoke frustrate cease determine extinguish and make void all and every or any of the Use and Uses Estate and Estates before in the said recited Indenture expressed limited mentioned declared or appointed to any person or persons of and in the said Barony Manours Mesuages Lands Tenements Hereditaments and premises or in any of them or any part or parcell of them or any of them and thereof or of any part thereof to create declare limit or appoint any other use or uses Estate or Estates to any the Person or Persons afore in the same recited Indenture named or to any other Person or persons whatsoever in such sort manner and forme and for such Estate Estates terme and termes as I the said Sir R.B. should think meet and convenient and that at all times and from time to time immediately from and after any such alteration change diminution enlargement revocation determination or making void of all or any the use or uses Estate or Estates before in the said recited Indenture expressed limited mentioned declared or appointed and any creaction declaration limitation or appointment of any other use or uses Estate or Estates and that so often as I the said Sir R.B. should make any such alteration change diminution enlargement revocation or determination of any use or uses Estate or Estates and reaction declaration limitation or appointment of any other use or uses Estate or Estates all every such those use uses Estate Estates of and in the said Bar Man ' prem ' or of in any part or parcel thereof which I the said Sir R.B. at any time or times hereafter in or by any such Deed or Deeds writing or writing or by my last Wil testament in writing by me sealed and subscribed in such presence as is aforesaid should alter change diminish enlarge revoke determine extinguish and cease or make void And that then immediately from thenceforth the said before mentioned Fine or Fines Recovery or Recoveries and all and every other conveyance conveyances assurance assurances in the law whatsoever at any time hereafter to be had or made between the said Parties to the said recited Indenture or any of them of the said Barony Manours and premises or of such part thereof according to the true intent and meaning of the same Indenture should be and enure and should be adjudged deemed construed and taken to be and enure And the said Cognizee and Cognizees of the said Fine or Fines Recovery or Recoveries and the Survivors and Survivor of them their and every of their Heires and the heires of the survivor of them should immediately from thenceforth stand and be seized of and in the same premises whereof any such reaction declaration limitation or appointment of other use or uses Estate or Estates terme or termes should be so made as is aforesaid to and for such use and uses Estate and Estates intents and purposes and of such Person and Persons and in such sort manner and forme as 1 the said Sir R.B. in or such Deed or Deeds writting or writings or by my last Will and Testament in writing by me sealed and subscribed in such presence as is aforesaid
onely use and behoof of him the said G W his c. for ever with free liberty at their will and pleasure to take and carry away the same trees timber-trees woods and underwoods And one fourth or quarter part of all and singular the said trees timber-trees woods and under-woods unto the said T G his c. without impeachment of any manner of waste to the only use and behoof of him the said T G his c. for ever with the liberty at their will and pleasure to take and carry away the same trees timber-trees woods and underwoods And one other c. ut supra Reddendum Yeilding and paying therefore yearly during the said terme of c. unto c. the summe of 13 l. 6 s. 8 d. of currant mony of Ireland to be paid unto the hands of the Vice-Treasurer or General Receiver of the Kingdome of Ireland for the time being for and in discharge of the free Rent reserved or with which the premises are already chargeable to the use of c. at the receipt of the Exchequer there at the Feast of c. or within two Months next after either of the said Feasts by even portions And also yeilding and paying therefore yearly Reddendum during the said terme of c. unto the said Sir H H and to his Heirs or to such other person and persons to whom the immediate Reversion and Remainder of the premises shall discend or come either in use or possession the summe of 40 l. of c. at the Feasts of c. as by the said recited Indentures of Lease wherein also divers other Covenants Grants and Agreements are contained relation being thereunto had more plainly and at large it doth and may appeare Now this Indenture witnesseth That the said T G Consideration as well for and in consideration of the summe of c. to him in hand before the ensealing and delivery hereof by the said T G well and truly paid the receipt whereof the said T G doth acknowledg and confesse by these presents As also for and in consideration that the said T G at the request and for the onely debt of the said T G standeth obliged and bound together with the said T G and others in and by didivers several obligations bearing several Dates in sundry sums of money therein contained to several parties therein particularly named and which are expressed in a Schedule indented hereunto annexed and that the said T G hath promised and undertaken the payment of the same at the dayes of payment on which the same by the tenure of the several obligations in the said Schedule mentioned are and ought to be paid and also in consideration that the said T G hath promised and undertaken the payment of the sum of c. which came to the hands of the said T G as Executor of the last Will and Testament of M W late of c. deceased and is a part of the filial portion of A W B W and C W daughters of the said M to them given and bequeathed by the said last Will and Testament of the said M their mother and to be paid by the said Executor T G unto them the said A B and C on the daies of their Marriage and for divers others good causes and considerations him the said T G thereunto moving Grant Hath granted bargained sold aliened assigned and set over and by these presents doth c. unto the said T G as well the aforesaid one fourth or quarter part into four parts to be divided to the said T G demised or granted or mentioned to be demised or granted by the Indenture of Lease above recited of and in the aforesaid Lordship Country Territory and Circuit of Land called c. and also of the said Manors Lordships Townes Castles Messuages Lands Tenements Woods Wood-ground and Hereditaments and of all other the premises in or by the said recited Indenture of Lease demised or mentioned to be demised or granted and of every part and parcel thereof And the one fourth or quarter part of all and singular the said trees timber-trees woods and underwoods in and by the said recited Indenture granted and one quarter or fourth part of all and singular such trees timber trees woods and under-woods and other profits whatsoever as have been felled made levied or received of the premises or any part thereof since the Feast day of c. last past before the Deed Indented above recited As also all the Estate right title interest use possession rents reversion and reversions term of years to come claim and demand whatsoever which he the said T G hath or in any wise may might should or ought to have of in and to the said one fourth or quarter part into four parts to be divided as aforesaid of all and singular the premises by the said recited Indenture of Lease demised and granted and therein mentioned to be thereby demised or granted and of all the said trees timber-trees woods and underwoods and other the aforesaid profits and of in and to every part and parcell thereof by force and vertue of the said Indenture of Lease above recited or any thing therein contained or otherwise howsoever together with all the right interest and property of him the said T G of in and to the said recited Indenture of Lease and of in and to all other Deeds Escripts and Writings concerning the premises or any part or parcell of them or any of them To have and to hold all the said one fourth or quarter part of all the said Lordship Habend Countrey Territory and Circuit of Land called c. and of all the said Manours Lordships Townes Castles Messuages Lands Tenements Woods Wood-ground and Hereditaments and of all other the premisses by the aforesaid Indenture of Lease Demised and granted or mentioned to be thereby Demised or granted and all the said terme and estate of him the said T G of in and to the same and all other the premises by these presents bargained and sold assigned and set over or herein mentioned or meant to be hereby bargained sold or assigned and every part and parcell thereof unto the said T G his Executors c. from the ensealing and delivery of these presents forthwards for and during all the residue of yeares and terme which by course of time are now to come and unexpired of the said term of c. in and by the said recited Indenture of Lease granted or mentioned Free from all incombrances And the said T G for himself his Exec. c. doth Covenant and grant to and with the said T G his Executors c. by these presents in manner and forme following That is to say that all the aforesaid one fourth or quarter part of all and singular the the said Lordship Countrey Territory and Circuit of Land called c. and of all the said Manours Lands Tenements Woods Wood-grounds Trees
and seales To one other part of the said Indentures remaining with the said H. B. and A. S. the said Sir W. B. and N. S. have set their hands and seales And to one other part of the same Indentures remaining with the said Sir W. B. the said N. S. H. B. and A. S. have set their hands and seales Given the Day and Year first above writen c. ¶ An Indenture of Covenants to levy a Fine and suffer a Recovery for increase of a Joynture THis INDENTVRE quadrupartice made c. Between Sir W. B. of D. in the County of B. Knight Lady Mary his Wife and H. B. Esquire their Son and Heir apparent of the first party N. S. of London Esquire of the second party Sir H. M. of Little E. in the County of E. Knight W. G. of VVestm in the County of M. Esquire R. B. Citizen and Grocer of L.VV.G. and J.J. of Lond. Esq For and in consideration of part of performance and accomplishment of Articles agreements made between Sir W. E. and N.S. the 6. of M. for the assurance and increase of a Joynture for the Lady M. in case she sutyive Sir W.B. And afor and in consideration of a Marriage to be had between H. B. and A. S. onely Dughter of N. S. In recompente of Joynture and Dower of the third party and G.S. of London Gent. and S. M. of the fourth party witnesseth that for and in part of performance and accomplishment of the Covenants and agreements comprized and contained in one pair of Articles of agreement indented had made and concluded upon the sixt day of M. last before the Date hereof made between the said Sir VV. B. of the one party and the said N. S. of the other party and for further assurance and increase of a Joynture unto the said Lady Mary in case she shall happen to survive the said Sir VV. B. her now Husband And for and in consideration of a marriage shortly hereafter by the grace of God to behad and solemnized between the said H. B. and A. S. now the onely Daughter and Heir apparent of the said N. S. And for and in full satisfaction and recompence of such Joynture and Dower as she said A. shall or may have or challenge out of in or to all or any of the Manours Lands Tenements and Hereditaments of him the said H. B. in case the said A. do survive and outlive the said H.B. And for the continuance of the Manour Lordship Lands Tenements Hereditaments hereafter mentioned in the name blood and kindred of the said Sir W. B. and of the said H. B. his said Son and Heir apparent so long as it shall please Almighty God And for other considerations the said Sir W. B. doth Covenant with the said parties to these presents That he the said Sir W. B. for him his Heirs c. doth Covenant c. to and with the said N. S. his Heirs c. That he the said Sir W. E. the L. Mary his Wife and H. B. at or before the c. now next ensuing the date hereof shall will by Fine or Fines in due forme of Law in the Court of Common Pleas at Westm there to be recorded with Proclamations according to the Stature convey and assure unto the said G.S. and S. M. and their Heirs all the Manour and Lordship of D. and Capital Mestuages with all the rights members and appurtenances therof in the County of B. with all land meadowes pastures feedings c. And for divers other good and reasonable causes and considerations him the said Sir VV. B. to these presents especially moving It is Covenanted granted concluded and sully agreed by and between the said parties to these presents in mannet and form following that is to fay the said Sir VV. B. for him his Heirs Executors and Administrators doth covenant promise and grant by these presents to and with the said N.S. his Heirs Executors and Administrators That he the said Sir VV. B. the Lady Mary his Wife and the said H. B. at or before the c. now next ensuing the Date of these presents shall and will by Fine or Fines in due form of Law to be levied in the Court of Common-Pleas usually holden at VVestm ' there to be recorded with Proclamations according to the Stat or one of them in that behalf made and provided in such sort as is commonly used in the same Court convey and assure unto the said G. S. and S. M. and their Heirs or to the Heirs of one of them All that the Manour and Lordship of D. c. and Capital Messuage c. with all the rights members and appurtenances therof in the said County of B. and all lands meadowes pastures feedings moores marshes fenny grounds and hereditaments to the said Capital Messuage belonging or appertaining or therewith used occupied or enjoyed Advowson donation gift free dispontion and right of patronage of the Rectory and Parish-Church of D. aforesaid with all lands and meadowes pastures c. called or known by the name of c. And all the Copyholds and customary Mestuages and Tenem parcel or holden of the said Manour of D. And also all the Advowson Donatiou gift free disposition and right of Patronage of the Rectory and Parish Church of D. aforesaid in the said County of B. And all those meadows lands pastures woods and hereditaments called or known by the name of c. And all Messuages Granges Milnes Lands Tenements Meadowes Feedings Pastures Commons Wastes Woods and Underwoods to the said Manour belonging or appertaining and the soyle and ground of the said Woods and Underwoods And all the Copy-hold and customary Messuages Lands and Tenements parcel or holden of the said Manour of D. And all rents and services as well of Free-holders as of Copy-holders and all other Rents reserved upon all and every Grant and Grants Demise and Demises made of the premises or of any part or parcel therof and all and every their or any of their Reversion and Reversions of the said premises or any of them And all other commodities profits emoluments and hereditaments whatsoever with their appurtenances scituate lying and being in D. aforesaid in the said County of B. or elsewhere within the Common-wealth of England to the said Manour Lorship Capital Messuages and premises or any of them belonging or in any wise appertaining or as part parcel or member of the said Manour Lordship c. and other the premises or any of them at any time heretofore had known accepted used demised letten or reputed Court Barons Court Leets c. And all and all manner of Court Barons Court Leets views of Frank-pledges Law-dayes perquisits and profits of Writs All perquisites and goods of Felons c. and all that to any such Courts which do or may belong or appertain goods and chattels wayved goods and chattels of Felons and Fugitives Felons of themselves and put
agreed upon by and between all and every the said parties to these presents ⋆ E. B. Covenants to leavy a Fine before Easter Terme next ensuing sur Conusance de droit c. in the Court of Common Pleas in Westminster with Proclamations c. to the said I. T. and his Heires of all his Manour and Manours in the Country of B. and of all other the Inheritance of the said E. B. in S. aforesaid or elsewhere in the Parish of B. and County of B. with diverse Messuages and other the Premises with 26 s. 8 d. rent with the Appurtenances is S and P. aforesaid And the said E. B. doth covenant ond agree That he the said E. B and E. Wife shall and will on this side and before Easter Terme now next ensuing Levy one fine Sur conuzance de droit come ceo que il a de lear done before the Justices of the Court of Common Pleas at Westminster with Proclamations thereupon to be pursued according to the usuall course in such cases used and accustomed to the said I. T. and his Heires of all his Manour and Manours in S. in the said County of B. and of all other the Messuages Lands Tenements and Hereditaments whatsoever which are or are reputed to be any part or parcell of the inheritance or possession of the said E. B. in S. aforesaid or elsewhere in the parish of B. in County of B. by the name or names of the Manour of S. and of nine Messuages four Cottages one water-mill one Dovehouse thirteen Gardens nine Orchards four hundred Acres of Land forty Acres of Meadow one hundred and threescore Acres of Pasture and twenty six shillings eight pence rent with the appurtenance in S. and B. afore said or by such other name or names or by such other content or number of Acres or in such other manner and forme as to the said E.B. his Heires or Assignes shall seem fit and convenient * By which said Fine to be levyed by the said E. B. and E. his Wife before Easter-term aforesaid is to be and shall be to the use of the said I.T. and of his Heires and Assignes to the intent the said I.T. shall stand and be adjudged a perfect Tenant of the said Manour Lands c. untill a perfect recovery may be had and executed Which said Fine and all and every other Fine and Fines heretofore levied or hereafter on this side and before the end of Easter Terme aforesaid to belevied by the said E. B. and E. his Wife unto the said I. T. is agreed by all and every the said parties to these presents to be and shall be to the use of the said I. T. and of his Heires and Assignes To the onely intent and purpose that he the said I. T. shall stand and be and shall be adjudged a perfect Tenant of the said Manour Lands Tenements and Hereditaments whereof the said Fine is agreed to be levyed as aforesaid untill a perfect recovery shall and may lawfully be had and executed of the said Manour Messuages Lands Tenements and Hereditaments aforesaid against the said I.T. † I.T. Covenanteth and agreeth that he will before the end of Trinity Terme next permit and suffer the said E.B. to prosecute one Writ of Entry Sur disseisien c. against the said I. T. whereby the said E. B. shall demand against the said Manour Lands c. unto which Writ the said I.T. shall appear in person and vouch to warranty the said E. E. whereby a perfect Judgment may be given and had for the said E. E. against the said I. T. for the recovery of the said Manour Land c. and the said I. T. to recover in value against the said E. B. so that a good and perfect recovery may be had with double voucher accordingly and after the manner and course of Common recoveries in such case use And it is further concluded and agreed and the said I.T. doth Covenant and agree that he shall and will before the end of Trinity Terme now next also ensuring permit and suffer the said E. B. to commence and prosecute one Writ of Entry Sur desseisien in le post retournable before the Justices of the Court of Common-Pleas at VVestminster aforesaid against the said I. T. whereby the said E.B. shall demand against I.T. the said Manour Lands Tenements and Hereditaments by such name and names number and content of Acres as by the Councell learned in the Law of the said E. B. shall be devised or advised unto which Writ of Entry so to be brought the said I. T. shall appear in proper Person and shall vouch and call to warrantie the said E.B. who shall appear and vouch to warrantie the common Vouchee who shall appear imparle and after make default whereby a perfect Judgement may be had and given for the said E.B. against the said I.T. for the Recovery of the said Manour Lands Tenemen●s and Hereditaments whereof such Writ of Entry shall be brought and prosecured as aforesaid And it is agreed between the said Parties that immediatly after the perfecting of the said Recovery and Fine covenanted to be levied as aforesaid of the Manours Lands and Hereditaments shall be and enure and taken to be and enure to the sole and onely use and behoofe of the said E.B. and I. C. and of the Heires and Assignes of the said E.D. for ever And for the said I.T. to recover in value against the said E.B. So as a good and perfect Recovery may be had with double Vouther accordingly and after the manner and course of common Recoveries in such or the like case use and accustomed And it is fully and absolutelly concluded condescended and agreed by and between all and every the said Parties to these presents for them and every of them their and every of their Heires That immediately from and after the perfecting of the said Recovery as well the said Fine and Recovery so Covenanted to be levied and suffered as aforesaid as also all and every other Fine and Fines Recovery and Recoveries whatsoever heretofore levied or suffered or hereafter on this side and before the end of the said Terme of holy Trinity now next ensuring to be levied or suffered of the said Manour Lands Tenements and Hereditaments or of any of them by or between all or any of the said Parties to these presents shall be and enure and shall be adjudged construed esteemed and taken to be and enure to the sole and onely use and behoof of the said E.B. and I.C. and of the Heires and Assignes of the said E.B. for ever ¶ In witnesse whereof to each part of these presents every of the said Parties have set to their hands and seales the Day and Yeares first above written ¶ A Letter of Atturney to make Livery and a Covenant to stand seized to the Uses in default of Livery and due execution of the Feoffement ANd the said Robert O. for the better executing of this present Deed of Feoffement doth by these presents constitute ordain and make and in his place put his welbeloved Friends C.M. and C.A. his true and lawful Atturney joyntly and severally for him and in his name to enter into the Manour of R. and the moyety of the Manour of Y. and into all other the Messuages Lands Tenements and Hereditaments in R.Y. H. and G. and other the premises with their appurtenances before in and by these present Indentures mentioned or into any part thereof in the name of all and thereof or of any part thereof in the name of all for him and in his name to deliver quiet and peaceable possession and to make livery and seizin unto the said W.P. and T.J. or either of them their or either of their Attourney or Attourneys in that behalf authorized according to the true meaning of these presents Giving unto his said Attourneys joyntly or unto either of them severally full power and authority to do all and every such act and acts for the execution of livery and seizin according to the purport of these presents as he himself might do if he were there personally present Covenant to stand seized to the same Uses in the Deed of Feoffement limited in default of livery or due execution thereof And the said Robert O. doth further for him his Heires Executors Administrators and Assignes and every of them Covenant promise and grant to and with the said Thomas J. his Heires Executors and Assignes and every of them by these presents That if it shall happen the said Deed of Feoffement not to be lawfully executed with livery and seizin according to the due form of Law or to be imperfectly executed for any default or want of livery and seizin or attournment before the Feast of the Purification of the blessed Virgin next ensuring the Date of these presents whereby the uses before appointed shall not be raised upon this Feoffement as they are meant That then from and after the said Feast of the Purification of the blessed Virgin next ensuring the Date of these presents he the said Rohert O. his Heires and Assigns for the considerations aforesaid shall stand and be seized of the said Manour of R. and of the moyety of the said Monour of Y. and of all other the Messuages Lands Tenements and Hereditaments in R.Y. H. and G. aforesaid to the uses limitations and purposes before in these presents expressed and declared in such manner and form as the same are meant to be raised upon the execution of this Deed of Feoffement The End
Mortgager Pag. 63 A Letter of Attorney to be contained in a Deed by the delivery of seisin Pag. 66 A Lease of a Messuage with certain lands woods and Mines thereto appertaining and also a power of fishing upon the said ground together with power to coal the wood upon the ground Pag. 72 A Lease of a Mansion house certain lands c. with a large exception and many special Covenants therein contained Pag. 82 A Lease of Attorney irrevocable for the assignment of a Recognizance acknowledged in Chancery whereupon judgement is there had with diverse Covenants therein contained to the proper use of the Assignee Pag. 86 A Letter of Attorney irrevocable for the assignment of an Obligation to the proper use and behoof of the Assignee Pag. 90 A Lease of an Iron Furnance Work Hammer or Iron Mill containing ordinary Covenants for the better enjoying of the same Pag. 109 A Lease of a Vicaridge Pag. 120 A Letter of Attorney to make Leases and to receive rents and accompts for the profits of lands making the Grantee Bailiff and Receiver to the Grantor irrevocable for certain years Pag. 125 A Lease to try a title with direction to execute the same Pag. 164 A Letter of Attorney authorizing to enter into certain lands and after entry to seal deliver a Deed subscribed by the Mr. by which those lands are conveyed over Pag. 194 A Letter of Attorney to receive Money upon a Bond. Pag. 218 An Indorsement of Livery and seisin by an Attorney Pag. 219 Letters Patents for making an Alien to be a free Denizen Pag. 220 A Lease of a Prebend Pag. 234 A Lease of a house and for non-payment of a sum of money at certain days before mentioned the lease to be void Pag. 311 A Lease of a house and goods with diverse necessary and special Covenants therein contained Pag. 315 A Leaso of Lands with a special Proviso Pag. 322 A Letter of Attorney to enter and to deliver a deed as Attorney the same being first signed and sealed by the party Pag. 484 M A Mortgage of a house in fee-simple for indempnification in a very good form penned by Robert Mason Esq Pag. 466 The right form of a Mortgage penned by R. Mason Esq Pag. 470 A Mortgage at 10 l. in the 100 l. protempore Pag. 525 O. An Obligation conditioned for the release of an Annuity Pag. 24 An Obligation conditioned for the payment of money Pag. 30 P. The form of a Perpetuity by will with a proviso to restrain alienation c. Pag. 152 The Patent whereby Serj. Henden was made Baron of the Exchequer Pag. 225 R. A Release of Estrepement and of arrerages of Rent Actions of Covenant and debt Pag. 10 A Release upon a Deed of Feoffment Pag. 20 A general Release Pag. 22 A Release of right and title to land as also of Conditions and titles of entries or re-entries Pag. 67 A Recognizance Pag. 167 A Release of right to land Pag. 211 A Release of Legacies Pag. 212 A Release of Errors upon a Fine Pag. 194 A Release of a Proviso and Condition Pag. 199 A particular Release of a Vicarige and all claim thereunto together with a general release of all actions sutes whatsoever Pag. 217 A Release of Errors upon a judgement in debt in the Common-pleas Pag. 222 S. A Sale and Confirmation of an estate of a lease of 100 years to an Assignee of part of the term Pag. 230 W. A Warrant to the Bayliff of a Manor for summoning of Tenants to hold a Court Baron Pag. 224 A Warrant to one of the Receivers of the Revenues of the Dutchy for the payment of 5 l. every Term to Sir E. Henden Knight one of the Barons of the Exchequer Pag. 225 The End of the Table A DEFEASANCE OF A STATVTE Entred into for the performance of Covenants contained in Indentures THis INDENTURE made c Between A. of the Parish of R. in the County of York Yeoman of the one part and B. of L. in the County of Kent Gentleman and C. of S. in the County of Hertford Clothier on the other part Witnesseth that whereas the said B. and C. by their Bond or Recognizance in the nature of a Statute for the Recovery of Debts made and provided and acknowledged before Sir I. P. Knight Lord Chief Justice of England and bearing date the 17 day of June last past before the date of these presents did joyntly and severally become bound unto the abovenamed A. in the summe of c. of current English mony to be paid unto the said A. his Executors or Assigns at or upon the feast of the Nativity of Saint Iohn Baptist next ensuing the date of the said Statute as by the same more at large appeareth Nevertheless it is concluded and agreed between the said parties and the said A. is well contented and pleased and doth for him his Heirs Executors Administrators and Assigns covenant and grant to and with B. and C. and either of them their or either of their Executors Administrators and Assigns in manner and form following That is to say that if the said B. his Heirs Executors and Assigns shall and do well and truly observe perform fulfill and keep all and singular the Covenants Grants Articles and Agreements which on the part and dehalf of him the said B. are to be performed fulfilled and kept specified and contained in certain Indentures made between him the said B. of the one part and the above-named A. on the other part bearing date the 10. day of Iuly last past before the date of these presents That then the said Bond Recognizance and Statute to be utterly void frustrate and of none effect or otherwise to be and remain in his full force strength and vertue ¶ An Indenture of Bargain and Sale to be inrolled THis Indenture made c. Between I. H. of B. in the County of C. Yeoman on the one part and E. H. of R. in the County of Middleseex Esquire on the other part Witnesseth that the said I. H. for and in consideration of the summe of 300 l. of current English mony before the ensealing hereof by the said E. H. unto him the said I. H. well and truly paid whereof and wherewith the said I. H. doth acknowledge himself to be fully and wholly satisfied and payed and doth thereof and of every part and parcel thereof acquit and discharge the said E. H. his Heirs Executors Administrators and Assigns and every of them by these persents Hath given granted bargained and sold and doth by these presents give grant bargain and sell un-the said E. H. his Heirs and Assigns all that his principal Mansion or Messuage together with all barns stables and other edifices and buildings whatsoever to the same belonging or in any wise appertaining and 2 gardens 6 acres of Land 50 acres of Meadow 50 acres of Pasture 4 acres of Wood-ground containing in the whole six score and eighteen acres of land meadow
good causes considerations me thereunto especially moving have remised released and for ever quit claimed and by these presents do clearly sully and absolutely remise release and for ever quit claim unto A. D. of B. in the County of W. Wid W. S. of B. aforesaid in the said County Esq A. L. of S in the said County of W. Widdow all and all manner of waste or wast made committed or done by them or by any or either of them or by any other person or persons whatsoever by or in their or any of their right title means procurement or permission in and upon any the houses site and demean Lands heretofore by Indenture made bearing date upon the Feast day of All Saints in the eight and twentieth year of the reign of K. Henry the Eight deceased by William late Abbat of Glocester and Covent of the same demised granted and to farm letten to George Daston Gent. for 80 years if he lived so long And of and from all and all manner of Rents and arrerages of Rents whatsoever due or payable to the said T. B. by the said A. D. W. S. A. L. or any or either of them for or in respect of any the houses site and demean Lands before mentioned And of and from all and all manner of actions of Waste actions of Trespasse actions of Covenant and Debt and of and from all other actions sutes and demands whatsoever had or prosecuted or to be had or prosecuted against them or any of them for or concerning any the matters or causes before mentioned so as neither the said T. B. nor his Heirs nor any other person or persons whatsoever for him or in his name any action or sute at any time hereafter shall or may have or prosecute against the said A. D. W. S. A. L. or any or either of them for or in respect of any the causes before mentioned But of and from the same shall be hereafter excluded and barred by these presents In witnesse whereof the parties above-named their hands and seals to these present Indentures interchangeably have put the day and year first above written Annoque Dom. 1614. An Indenture of Covenants for the surrender of a Lease and leaving the possession by a day according to an Order of the Court of Common-Pleas THIS INDENTURE made c. Between 7. B. of S. in the County of K. Esq of th' one part and A. L. of S. in the County of W. Gent. of th' other part Witnesseth That as well for and in performance and accomplishment of a certain Order or Rule made in the Court of Common Pleas at Westminster in the Term of Easter now last past before the date hereof in an action of Ejectione firme depending in the said Court by A.L. Lessee of the above-named T.B. Plaintiff against W. S. and others Defendants for and concerning the title right interest and possession of the said T. B. in and to the Site Manor-house and Demeans of the Manor of H. in the said County of G. with th'apputtenances as also for and upon divers other sufficient causes and considerations it is covenanted granted concluded and agreed upon by and between the said parties to these presents Covenant according to the Order to deliver up the peaceable possession of the lands in manner and form follwing And first the said A. D. doth for him his Heirs Executors Administrators and Assigns covenant and grant to and with the said T. B. his Heirs Executors Administrators and Assigns That he the said A. L. shall and will according to the Order above-mentioned and the true meaning of the same yield and deliver up or cause to by yielded and delivered up unto the said T. B. his Heirs and Assigns at the Feast of Saint Michael the Archangel next ensuing the date hereof the quiet and peaceable possession as well of the Farm-house with the appurtenances Site and Demeans of the said Manor of H. in the County of G. aforesaid And that the may peaceably enjoy the land without eviction or disturbance of W. G. or A. or of any other person c. as also of all Lands or Tenements used or occupied as part parcel and member of the Demeans of the said Manor And also that he the said T.B. his Heirs and Assignes shall and may peaceably and quietly from the Feast of St. Michael the Archangel next ensuing hold and enjoy the said site Farm-house and Demeans of the Manor of H. and all other the premises with the appurtenances and every part and parcel thereof without any let eviction or disturbance of the sard A. L. W. D. of H. in the said County of G. deceased G.D. of H. aforesaid deceased or A. D. of B. late in the said County of W. or any of them and without any lawfull let or disturbance of any other person or persons lawfully claiming in by from or under them or any of them And that the premises shall be discharged or sav'd harmlesse from all charges or incumbrances committed or done by W. G. c. or any other amp c. And furthermore that the said premises with the appurtenances and every part and parcel thereof shall be and continue unto the said T.B. his Heirs and Assignes acquitted and discharged or otherwise upon request sufficiently saved harmlesse and indempnified of and from all manner of charges and incumbrances whatsoever had made committed or done by the said A. L. W.D. G.D. E.D. A. D. or A.D. junior or any other person or persons lawfully claiming by from or under them or any of them And the said A.L. doth furthermore for him his Heirs Executors Administrators and Assigns Covenant and grant to and with the said T. B. his Executors Covenant that the su●rèderer will upò request made by the surrenderee save him harmless the premises from all actions còtroversies had or brought by A. W. G. c. or any other person c. Administrators and Assignes That he the said A. L. his Executors and Assigns shall and will from time to time upon reaasonable request to him or them by the above-named T.B. his Heirs Assigns made save and keep harmlesse as well the above-named T. B. his Heirs Assigns as the said Site Farm-house and Demeans of the said Manor of L. and all other the premises with the appurtenances and every part and parcel thereof of and from all and all manner of sutes actions and controversies which shall be had made commenced or brought by them the above-named A. L. W. D. G. D. E. D. A. D. or A. B. or any of them or any other person or persons lawfully claiming or lawfully pretending any right or title by from or under them or any of them And also that aswell the said A. L. his Heirs and Assigns And also that aswell the surrenderer as also the said W.G. c. shall within such a space upon request of the surrenderee make such further assurance c. be
rent behind the distrainer to detain until he be satisfied of the Rent unto the said T.F. and his Heirs for and during the natural life of the said T.F. and the same to be paid yearly at or in the South porch of the Parish Church of S. aforesaid at or upon the second day of May. which shall be in the year of our Lord 1595. And if it shall happen the said Annuity or yearly rent of 10 l. or any part or parcel thereof to be behind or unpaid by the space of fourteen dayes next after the day and time in which it is limited and appointed to be paid as aforesaid that then and from thenceforth it shall and may be lawfull to and for the said T.F. and his Assigns during the natural life of the said T. F. as aforesaid into the said Brewhouse with all the edifices and buidings thereunto belonging and into all and singular the Lands Tenements and Hereditaments with the appurtenances in the above recited Indenture specified and contained and into every or any part or parcel thereof to re-enter and distrain and the distress or distresses there so taken to lead drive chase carry away impound and the same to keep and detain until the said T.F. and his Heirs and Assigns shall be of the said Annuity or Annual rent of 10 l. and every part and parcel thereof which shall so fortune to be behind and unpayed fully and wholly contented satisfied and paid And the said B. F. doth for him his Heirs and Assigns covenant and grant Covenant if the rent be behind unpayed by the space of 30 days next after the day of payment that thè it shall be lawful for the Grantee to enter into the land and the same to have to him his Heirs and Assigns for ever to and with the said T. F. his Heirs and Assigns That if it happen the said Annuity or Annual rent of 10 l. or any part parcel thereof to be behind and unpaid by the space of 30 days next after the time and day of payment upon the which it ought to be paid as aforesaid That then it shall and may be lawfull to and for the said T.F. and his Assigns into the said Brewhouse with all edifices and buildings to the same belonging and into the said several parts and parcels of Land above specified and into all singular other the premises whatsoever with all and singular the appurtenances in the above-recited Indenture mentioned contained and by the same given granted bargained and sold and every part and parcel thereof to enter and the same to have hold and enjoy unto the said T. F. his Heirs and Assigns unto the only and proper use and behoof of him the said T.F. his Heirs and Assigns for ever And that immediately from and after such default of payment of the said Annuity or yearly rent of 10 l. by the space of 30 days next after the time and day of payment And that after such default in payment as aforesaid all persons seized of the land shall stand seised to the use of the Grantee his Heirs Assigns for ever in which the same ought to be paid as aforesaid as well the said B.F. his Heirs and Assigns as all other person or persons whatsoever which now are or at the time of default in payment or at any time hereafter shall be seized of and in the said Brewhouse with all the edifices thereunto belonging and of and in the said several parts or parcels of land above-recited and of and in all and every other the said premises whatsoever with all and singular the appurtenances in the said recited Indenture specified and contained shall stand and be seized of and in the same to the only use and behoof of him the said T. F. his Heirs and Assigns for ever and to no other use or uses intent and purports whatsoever Proviso that if the grantor do pay 60 l. at such a day that then this Grant shall be ●oid Provided always that if the said B. F. his Heirs or Assigns or any of them do content satisfie and pay or cause to be well truly contented satisfied and paid unto the said T. F. his Heirs and Assigns the entire sum of 60 l. of current English money at or upon the second day of May which shall be in the year of our Lord according to the computation of the Church of England c. at or in the South porch of the Parish Church o● S. aforesaid That then and from thenceforth as well the said Annuity or Annual rent of 10 l. as also all and every other action clause condition and agreement in these present Indentures specified and contained shall be utterly void frustrate and of none effect Covenant that t●e grantor was lawfully seized of the premises out of which c. of a good estate in law in see-simple and determined in Law to all intents constructions and purposes any thing before specified to the contrary notwithstanding And the said B. F. doth for him his Heirs Executors Administrators and Assigns covenant and grant to and with the said T. F. his Heirs and Assigns that the said B. F. is at the time of the ensealing and delivery of these presents lawfully seised of and in the premises out of which the said Annuity or Annual rent is granted as aforesaid and every part and parcel thereof And that the premises out of which c. are so shall continue acquitted discharged of all charges incumbrances c. of a good sure and perfect estate in Law in Fee-simple And that the said Brewhouse edifices buildings lands Tenements Hereditaments and all other the premises out of which the said Annuity or Annual rent is granted and every part and parcel thereof at the time of the date hereof and at the time of the ensealing and delivery of these presents are and so shall be and continue acquitted discharged and otherwise sufficiently saved harmless of and from all and all manner of charges and incumbrances Covenant that the granter hath not don nor will not do any act or thing wherby to frustrate this grant whereby the Annuity or Annual rent granted unto the said T. F. as aforesaid may or shall be frustrate overthrown or by any way or means whatsoever determined And the said B. F. doth further for him his Executors Administrators and Assigns covenant and grant to and with the said T. F. his Heirs Executors Aministrators and Assigns That he the said B. F. hath not heretofore committed or done or will hereafter commit or do any act or acts thing or things whatsoever whereby the said Annuity or Annual rent granted unto the said T. F. as aforesaid shall or may be by any way or means impeached And that the granter will pay or cause to be paid this rent according as it is before granted frustrated or determined And also that he the said B. F. his Heirs
times hereafter before the full and perfect execution of such good and perfect estate of the said premises as by these presents are meant to be had made done executed and conveyed unto the said A. L. his Heirs and Assigns shall be had made done committed or executed by the said I. T. I. S. the Father c. or by either or any of them or by the right estate consent means or procurement of them or either or any of them The said old and accustomed rents customs and services before excepted and the said Lease for term of years made unto the said I. L. always excepted Or else if the said I. L. his Heirs or Assigns shall at any time or times hereafter happen to be damnified by reason of the act or acts person or persons aforesaid or every or any of them then the Vendor to make satisfaction as followeth of any the Rents Arrerages Statutes Recog Iudgements Executions Fines Issues Americiaments Intrusions Interests Titles charges or incumbrances last before recited except before excepted That then and so often he the said I. T. his Heirs Executors Administrators Assigns or some of them shall will after such damnification had and sustained within the space of c. next after notice thereof and request therefore to be made to the person of the said I. or of his Heirs Executors or Administrators or else by open publication in the Parish Church of W. in the said County upon some Sunday in the forenoon in the presence of 10 of the Parishioners of W. aforesaid at the least by the said A. L. his Heirs c. or any of them well and truly content satisfie and recompence or pay unto the said A. L. his Heirs and Assigns and his and their or one of their Executors and Administrators or some or any of them at one whole payment at or in the Church Porch of R. aforesaid all such damages as the said A. his Heirs or Assigns thereby or by reason of the same then or before that time shall have sustained or then shall or may thereby sustain And moreover the said I. T. for him his Heirs Executors Administrators and Assigns covenanteth and granteth to and with the said A. L. his Heirs and Assigns by these presents that if the said Freehold and Inheritaace of the said capital House or Tenement and other the premises before by these presents mentioned to be bargained and sold or any part thereof shall at any time or times hereafter happen to be by any former title grown or accrued before the delivery of these presents or by reason of any act or thing had made or done or suffered before the delivery of these presents without fraud or covin on the part and behalf of the said A. L. his Heirs or Assigns or any of them by any lawfull Action Sute Iudgment Execution or Entry lawfully recovered or evicted from the said A. L. his Heirs or Assigns or by any person or persons other then by the said I. T. and I. S. the Father or either of them and other then by the Heirs and Assigns of them or any of them or claiming in by from or under them either or any of them and other then by the Ancestor or Ancestors of the said I. T. his Heirs or Assigns or any of them That then the said I. T. his Heirs Executors Administrators or Assigns shall and will after such recovery eviction or expulsiō within the space of c. next ensuing such notice thereof as aforesaid given well and truly pay or cause to be payed unto the said A. his Heirs or Assigns or his or their or one of their Executors Administrators or Assigns at or in the Porch of the Parish Church of R. aforesaid in manner and form following that is to say so many sums of c. of c. as there shall be acres of the premises before mentioned to be bargained and sold so recovered or evicted as aforesaid except the capital messuage or tenement if the same or any part thereof shall happen to be as aforesaid recovered or evicted or the said A. his Heirs or Assigns to be of the freehold or inheritance thereof as aforesaid lawfully expulsed or evicted the sum of c. of lawfull c. An Indenture to lead the use of a Fine of some part of the premises and to lead the use of a Recovery of the residue the use of some part of the premises to be to the Vendee absolutely and of the residue but upon Condition for the assurance of certain money hereafter to be payed by the Vendee unto the Vendor THis INDENTURE made c. Between H. P. of c. of th' one part and I. F. of th' other par● Witnesseth That for and in consideration of c. And also for divers good causes and considerations hereafter mentioned it is convenanted granted concluded condiscended and fully agreed by and between the parties to these presents and either of the said parties do by these presents for them their Heirs Executors Administrators and Assigns covenant grant conclude and condiscend in manner and form following that is to say That the said H. P. shall before the first day of c. next ensuing these presents at the costs and charges in the law of the said I. F. his Heirs and Assigns before the Justices of Common-pleas at West acknowledge and levy one Fine sur cogniz d. droit com ceo que il ad deson don with proclamations according to the form of the Statute in that case provided That part of the Indenture which is to lead the use of the Fine in due form of Law to be levied unto the said I. F. of all that his house water-mill and parcel of ground containing by estimation one acre situat and being in B. in the said County of S. aforesaid by such number names of acres quantity of land as in the said Fine so to be levied shall be conteined which said Fine so to be levied and the execution thereupon to be had shall be to the only use and behoof of the said I. F. his Heirs and Assigns for ever and not to any other use or uses And further that he said I. F. shall before the first day of c. next ensuing the date of these presents at the costs and charges in the Law of the said I. F. purchase and sue forth against him the said H. P. one original writ of E●tre sur disseisin in l' post retornable before the said Justices of the said Court of Common-pleas That part which is to lead the use of the Recovery to demand against him the said H. all those the Manors Messuages Lands Tenements Meadows Pastures Woods Underwoods Rents Services Hereditaments called or known by the name of B. with the appurtenances situat and being in S. aforesaid and all other the messuages lands tenements meadows pastures feedings woods commons wayes waters rents reversions services Court leets liberties and
all other hereditaments whatsoever they be lying and being in S. aforesaid which A. P. Father of the said H. sometimes purchased had of I. F. Esq by certain names number of acres and quantity of land to be in the said writ contained unto which said wri● so to be purchased the said H. P. shall appear gratis vouch to warranty the common Vouchee who shall likewise appear gratis enter into the warranty and plead and after make default and that there upon judgment to be given that the said I. F. shall recover the said Manor messuages lands tenements hereditaments all other the premises with the appurtenances against the said H. P. and the said H. P. shall recover in value against the common Vouchee so that a perfect recovery may be thereupon had and that both the said parties to these presents and the said common Vouchee shall at the costs and charges in the Law of the said I. F. make do and execute all and every matter and thing whatsoever meet necessary or expedient for the prosecution of the said recovery according unto the course of common Recoveries with single Voucher in such cases which said recovery so to be had and executed and the execution thereof and the said Manor messuages lands tenements hereditaments all other the premises shall be to the only use behoof of the said I. F. his Heirs and Assigns for ever Provided that if the said I. F. his Heirs Executors Administrators or Assigns Proviso that if the recoverer fail in payment of such a sum that then the use limited to him to be void shall not well and truly content and pay or cause to be well and truly contented satisfied and paid unto the said H. P. his Heirs Executors Administrators or Assigns in or upon the c. which shall be c. the sum of c. at or in the now dwelling house of the said H. P. situate in H. aforesaid but in payment thereof or of some part thereof shall make default contrary to the effect intent true meaning of these presents that then and from thenceforth the uses before limited of or concerning the said Manor-house or principal messuages or tenements also of or concerning all those lands c. shall cease and determine and the then and from thenceforth the said Manor-house c and the said Recovery thereof as aforesaid to be had and executed and the execution thereof to be taken for and concerning only so much of the said premises as are before mentioned to be bounden out and the use thereof and all and every other person and persons that shall stand or be seized thereof or of any part thereof shall from and after such default in payment to be as aforesaid made by the said I. F. his Heirs Executors Administrators Assigns or any of them of all or any part of the said sum of c. stand and be thereof seized to the only use and behoof of the said H. P. his Heirs Assigns for ever and not to any other use or uses and the said H. P. for him Covenant that the land under the condition aforesaid is shall continue either acquitted or sav'd harmlesse from all former bargains c. except the condition aforesaid and the rents due to the Lord of the Fee his Heirs Executors Administrators and Assigns doth by these presents covenant and grant to and with c. in manner and for following that is to say that the said Manor Messuage c. at the time of the ensealing delivery of these presents be and so from time to time at all times hereafter under the said proviso and condition before mentioned shall remain continue and be unto the said I. F. his Heirs and Assigns according to the limitation and use aforesaid either clearly acquitted and discharge and sufficiently saved harmlesse of and from all and all and all manner of former bargains sales gifts alienations Leases Conditions c. whatsoever before had made done executed or committed by the said H. P. his Heirs or Assigns or by H. P. Esq deceased Father c. his Heirs or Assigns or by any other persons or persons by their consent means or procurement or either of them or by reason or means of any other act or thing whatsoever Or else that the recoveree will if the recoverer shall be lawfully expulsed except by such incumbrances before excepted within c after notice of such expulsiō pay so much as the recoverer shall be damnified thereby heretofore or before the making or conveying of the first estate or assurance of the said premises to the said I. F. to be had made done executed or committed by the said H. F. his Heirs or Assigns or by any other person or persons whatsoever by his or their consent means or procurement All such incumbrances which are or shall be or happen by reason or means of the said proviso And the rents payments and services from henceforth to grow due or payable for or by reason of the premises or any part thereof to the Lord or Lords of the Fee or Fees thereof and one Lease heretofore made by the said H. of a Tenement c. which upon the yearly rent of c. is reserved shall or ought to be payable during the term yet to come unto the said I. F. his Heirs and Assigns only excepted or else that if and as often as the said I. F. his Heirs and Assigns shall at any time or times hereafter happen to be without fraud or covin lawfully expulsed or evicted of all or any part of the said Manor Messuages c. except by reason of such incumbrances as be before excepted That then and so often the said H. P. his Heirs Executors of Assigns shall and will within c. next after notice to him or any of them given by the said I. F. his Heirs or Assigns of any such eviction expulsion or damnification except before excepted well and truly pay and satisfie unto the said I. F. his Heirs Executors Administrators or Assigns so much as the said I. F. his Heirs or Assigns shall sustain or be damnified by means of any eviction expulsion or damnification upon or by reason of any the incumbrances aforesaid except before excepted And further the said H. P. doth by these presents for him his Heirs Executors Administrators and Assigns and every of them Covenant to make further assurance of the premises other than of the Lands contained under the proviso Covenant and grant to and with the said I. F. c. that he the said H. P. his Heirs and Assigns and all and every other person or persons whatsover any estate interest or thing having or lawfully claiming in all or any of the said Manor Messuages c. or any part thereof by from or under him the said H. P. his Heirs or Assigns other than the said I. R. concerning the said interest or lease before
and form following that is to say by such names number of acres and quantity of Land Meadow and Pasture as in the said Fine shall be mentioned to be the right of the said W. R. as that which the said W. R. hath of the grant of the said L. and that the said Fine so to be levied and the execution thereupon to be had or taken shall be to the only use and behood of the said W. R. his Heirs and Assigns and not to any other use or uses In Witnesse whereof c. An Indenture to lead the use of a Recovery THis INDENTURE Quadrupartit made c. Between H. P. of c. of the first party T. P. of c. of the second party I. T. and I. S. of the third party and A. P. of c. Widow late wife of T. P. deceased of the fourth party Witnesseth that for divers c. it is covenanted c. by and between the said parties to these presents and either of the said parties do by these presents covenant c. to and with th 'others in manner and form following that is to say that the said I. T. and I. S. shall on this side and before the Feast of c. next ensuing c. purchase and sue forth out of the high Court of Chancery one original Writ of entre sur disseisin in l' post against the said H. P. retornable before the said Iustices c. at a certain time in the said Writ to be mentioned and by the said Writ shall demand against the said H. P. all the Lands c. Situate lying and being in H. and W. or in either of them in the said County of S. called or known by the name of c. or by whatsoever other name or names the same been called or known or as part parcel or member thereof reputed esteemed or taken containing in all by estimation c. whether more or lesse also all and singular other the premises with th' appurtenances in H. W. aforesaid or in either of them which the said H. P. late purchased or had of the gift or grant of the said T. P. party to these presents by certain names number of acres and quantity of land in the said Writ to be specified unto which said Writ the said H. P. shall appear gratis and take upon him the Tenancy of the said Lands Tenements and other the premises with the appurtenances and Vouch to warranty the said T. P. party to these presents who shall likewise appear gratis and after shall make a departure in despite of the Court so that judgment shall be thereupon given that the said I. T. and I. S. shall recover the said Lands c. and other the premises in the said Writ to be cōtained against the said H. P. and that the said H. P. shall recover in value against the said T. P. party to these presents and the said T. P. party to these presents shall recover in value against the said Common Vouchee that execution of the said recovery so to be had shall be made according unto the form of common recoveries in such case used And further the said I. T. I. S. H. P. T. P. parties to these presents and the said Common Vouchee and either and every of them shall and will make do knowledge execute and suffer all and every such act and acts thing and things whatsoever meet necessary or expedient for the prosecution of the said Recovery and the Execution thereupon according to the form and order of Common recoveries with double Voucher in such cases used And it is further covenanted c. by and between all the parties to these presents and either of the said parties doth by these presents covenant grant conclude condescend and fully agree to and with th' other in manner and form following that is to say that the said Recovery of all and singular the lands c. and the execution thereof and all the Lands c. and other the premises shall for ever immediatly from and after the Recovery and Execution had be and remain and all and every person and persons which now at the time of the said Recovery to be had shall stand or be seized of the said premises or of any part thereof shall stand and be of all and singular the lands c. and other the premises or any part thereof seized to the only use and uses hereafter expressed and not to any other use or uses intents and purposes that is to say to the use of the said A. P. for ever during the natural life of her the said A. and after her decease to the use and benefit of the said H. P. his Heirs and Assigns for ever and not to any other use or uses In witnesse whereof c. ¶ A Condition of an Obligation to perform an Arbitrement THe Condition c. That whereas divers and sundry controversies sutes strifes and debates have heretofore been had moved stirred up and yet are depending between th'above-named T. C. and W. W. of c. Brother of th'above bounden R. M. for the ending of which said controversies actions sutes and debates as well the said W. W. and the said T. C. as th'above bounden R. M. who by Letter of Attorney from the said W. W. prosecuteth the said strifes have submitted themselves to the award order rule and judgment of P. M. of c. and one R. B. of c. Arbitrators indifferently elected chosen as well on the part of the said T. C. as on the part of the said W. W. and R. M. to order determine and final end to make of all and all manner of controversies sutes strifes and debates whatsoever heretofore had being or depending between the said T. C. and the said W. W. from the beginning of the world untill the present day of the date hereof If therefore the said W. W. and the said R. M. and either of them their Heirs Executors and Assigns and the Heirs Executors and Assigns of any of them do from time to time for ever hereafter well and truly stand to perform fulfill and keep the award order and final determination of the said Arbitrators concerning the aforesaid premises so as the said award be made and yielded up in writing by the said Arbitrators before c. That then c. ¶ An Indenture for the assurance of Lands in Marriage for the Joynture of the Wife with usual Covenants for the better assurance of the same Lands THis INDENTURE made c. Between H. F. of c. of th' one part and R. T. of c. of th' other part Witnesseth that the said H. F. doth by these presents Covenant and grant to and with the said R. T. that he the said H. shall and will before the c. next c. marry and take to wife M. T. one of the Daughters of the said R. T. if the laws of holy Church will permit and the
unto the said S.T. his Executors Administrators or Assigns all such sum and sums of money and other things which the said S. his Executors Administrators or Assigns shall so receive take or gain of the said I.W. his Heirs Executors Administrators or Assigns without fraud covin or further delay In Witnesse whereof c. A Deed of Morgage with Warranty against the Morgager and his heirs only TO all c. Know ye me the said T.M. in consideration c. to me by one I.G. of G. in the County of K. well and truly before-hand paid whereof I acknowledge my self to be fully satisfied and paid and the aforesaid I.G. his Executors and Administrators to be ●●onerated acquitted by these presents have infeoffed delivered by this my present writing indented have confirmed to the aforesaid I.G. all that Messuage c. in B. aforesaid in the County of S. wherin the aforesaid T.M. lately did inhabit and dwell one Barn c. in B. aforesaid containing in the whole by estimation c. be they more or less All and every which aforesaid premises with th' appurtenances somtimes were the lands tenements and hereditaments of one W.A. deceased and the rendition and renditions remainder remainders of all and singular the aforesaid premises with th' appurtenances and of every part and parcel thereof To have and to hold the said Messuage or Tenement c. and all other the premises with all singular the appurtenances before in these presents mentioned to be delivered or confirmed to the aforesaid I.G. his Heirs and Assigns for ever to the only use behoof of the said I.G. his Heirs and Assigns for ever To hold of the chief Lord of the Fee thereof by the services therof due and of right accustomed Proviso that if the Feoffor pay so much money that then this conveyance shall be void and that it shall be lawful for him to ●e-enter Provided alwayes neverthelesse that if I the said T.M. my Heirs Executors Administrators or Assigns do pay or cause to be paid to the aforesaid I.G. his Executors Administrators or Assigns the sum of c. at or in the now Market house of B. situate lying and being in the said County of S● in and upon c. which shall be in the year of our Lord God at an intire payment without any fraud or further delay That then this present writing indented and all and singular things in the same contained together with the seisin upon the delivery thereof shall cease and be frustrate and remain of no force in the Law and that then and from thenceforth it shall and may be lawful to and for me the said T.M. my Heirs and Assigns into all singular the aforesaid lands tenements hereditaments and other the premises with the appurtenances before by these presents mentioned to be delivered and confirmed and every parcel thereof to re-enter and the same to have again repossesse and reinjoy as in my former estate any thing notwithstanding And I the aforesaid T. M. and my Heirs all and singular the aforesaid premises lands c. and other the premises with all singular the appurtenances to the aforesaid I.G. his Heirs and Assigns in manner and form and under the Condition aforesaid against me and my Heirs will Warrant and for ever by these presents defend Warranty In witnesse c. ¶ A Condition of an Obligation for the enjoying the Lands morgaged according to the purport of the Deed containing also the effect of divers necessary Covenants THe Condition c. That whereas the above-bounden T.M. hath by his Deed Indented bearing date c. enfeoffed the above-named I.G. of and in all that Messuage or Tenement with th' appurtenances in B. c. of one Barn c. To be had and holden unto the said I.G. his Heirs and Assigns for ever under a certain proviso or condition in the said Deed Indented contained for the payment of That the Feoffee shall enjoy the lands without any lawfull eviction c. c. unto the said I.G. c. at a certain time and place in the condition of the said Deed indented mentioned as in and by the said recited Indenture more at large it doth and may appear If therefore the said I.G. his Heirs and Assigns and every of them shall and lawfully may from time to time and at all times hereafter peaceably c. have hold c. the said Messuages c. and all and singular other the premises before by the said recited Deed indented mentioned to be aliened granted or confirmed And that the lands are and shall continue discharged or saved harmles from all alienations c. incumbrances other thā such incumbrances as are by the said Feoffment the rents due to the Lord of the Fee with all and singular their appurtenances without any lawfull eviction or disturbance of the said T.M. his Heirs or Assigns or of any by his or their assent means c. according unto the true meaning of the said Deed indented And the said Messuage c. and all and singular other the premises at the time of th' ensealing and delivery of the said Deed indented of seison thereupon were and so from time to time and at all times hereafter shall continue and be unto the said I.G. his Heirs and Assigns clearly discharged or by the said T.M. his Heirs and Assigns sufficiently saved harmlesse and indempnified of and from all estates alienations c. and incumbrances whatsoever had made done executed or committed by the said T.M. his Heirs or assigns other then such estates and incumbrances as been made or executed in or by the said recited Deed indented and other than the rents and services from henceforth to accrue due and payable for the premises to the chief Lord or Lords of the Fee or Fees thereof And further if it shall happen at any time or times hereafter that the said I.G. his Heirs Executors Administrators or Assigns or any of them shall be lawfully evicted expulsed or put out of all or any part of the said Messuage c. by any person or persons whatsoever or that the same And that if the Land shall be lawfully evicted that he upon notice given thereof will pay so much for every acre evicted within c. after notice given or any part thereof shall be lawfully recovered from the said I.G. his Heirs or Assigns by any person or persons other than by means or reason of the said Proviso in the said recited Dee● indented contained That then if he the said T. M. his Heirs c. or any of them do well and truly content and pay or cause to be well c. unto the said I.G. his Heirs c. the sum of c. and so after the rate for every acre of the said premises so as aforesaid to be evicted or recovered from the said I.G. his Heirs or Assigns within c. next after such notice given of such
eviction expulsion or recovery by the said I. G. his Heirs or Assigns or any of them And further if default of payment of the said And that if default of paiment be made contrary to the Proviso that then he and all others claiming under him will make further conveyance and assurance c. mentioned in the said Proviso of the said Deed indented shall happen to be made contrary to the purport of the said Proviso That then if the said T. M. his Heirs Executors Administrators and Assigns and all and every other person persons whatsoever any estate interest or thing in the said Messuage c. or any part thereof having or lawfully claiming to have by from or under the said T.M. his Heirs or Assigns shall and will from time to time and at all times from and after such default in payment during the space of c. then next ensuing upon reasonable request and at the costs and charges in the Law of the said I.G. his Heirs or Assigns make knowledge do execute and suffer all and every such further Act and Acts thing and things devise and devises in the Law whatsoever for the further assurance c. and all other the premises according to the purport of the said Deed Be it by Fine Feofment c. or otherwise or by any other lawfull or reasonable assurance or conveyance in the Law with Warranty only against him the said T.M. his Heirs or Assigns which by his or their learned Counsel in the Law shall be reasonably devised or advised and required And furthermore And that he will within c. after default in payment deliver all the conveyances concerning the premises that the said T.M. his Heirs or Assigns shall or will within c. next after such default in payment well and truly deliver or cause to be delivered unto the said I.G. his Heirs or Assigns all and singular the Deeds c. concerning the said premises which the said T. M or any to his use or by his delivery now hath or which he the said T.M. his Heirs or Assigns or any other by his or their delivery or to his or their use then shall have concerning the said premises or any part thereof That then c. ❧ A Lease of Lands morgaged to the Morgager THis INDENTVRE made c. Between T. M. of c. of th' one part and I.G. of c. of th' other part Witnesseth that the said I.G. for divers good causes c. hath demised c. and by these presents doth demise c. unto the said T. M. all that the Messuage c. with th' appurtenances before by these presents mentioned to be demised unto the said T. M. his Executors and Assigns from the day of the date of these presents until the c. which shall be c. yielding c. yearly unto the said I.G. his Heirs and Assigns the sum of c. upon the Feast of c. which shall be in c. And if it shall happen the said yearly rent or sum of c. or any part or parcel thereof to be behind in part or in all at the Feast aforesaid in which the same ought For default of payment of the Rent nomine penae distresse for both power of deteiner untill full satisfaction or is limited to be paid being lawfully demanded that then the said T.M. his Executors Administrators and Assigns shall forfeit and doth for him his Heirs Executors and Administrators grant promise and agree to forfeit lose and pay unto the said I.G. his Heirs and Assigns or any of them the sum of c. in the name of a pein And that then and from thenceforth it shall and may be lawfull to and for the said I.G. his Heirs and Assigns or any of them into the said Messuage c. or into any part or parcel therof to enter and distrain as well for the said rent of c. as also for the said c. to be forfeited in the name of a pein and the distresse and Distresses there so had and taken from thence saw-fully to lead bear drive and carry and the same to withhold detain and keep untill he or they shall be aswell of the said Rent of c. as also of the sum of c. to be forfeited in the name of a pein together with his and their costs losses damages and expences by reason of the non-payment susteined fully satisfied contented and paid In witnesse whereof c. A grant of an annuity or yearly rent with a nomine penae distresse for both and a Proviso not to charge the person of the Grantor or his Heirs TO all c. Know ye me the said I. G. for divers good causes and considerations me hereunto especially moving have given granted and by this my present writing idented confirmed unto I.R. of W. in the County aforesaid Widow one Annuity or yearly rent c. good c. going and to be taken out of and in all singular my lands c. called or known by the name of D. situate lying and being in W. aforesaid and of and in all c. in the County aforesaid To hold c. the said Annuity or yearly rent c. to the aforesaid I.R. and her Assigns for and during the term of the natural life of the said ● at four usual Feasts or terms of the year c. by equal portions to be paid And so often as it shall happen the said Annuity or yearly rent c. or any part or parcel thereof to be behind and unpaid Grant that if the rent be behind that the Grantor will forfeit so much nomine penae in part or in all by the space c. at any Feast of the Feasts aforesaid in which as aforesaid it ought to be paid that then and so often the aforesaid I. G. or his Assigns shall forfeit to the aforesaid I. R. and her Assigns c. well c. in nomine penae And that then and so often after it shall and may be lawfull to and for the said I. R. and her Assigns as well for the said Annuity or yearly rent c. or for any parcel thereof so as aforesaid nomine penae to be made into all singular the aforesaid Lands c. or into any parcel of the same to enter and distrain and the Cattel thereupon taken and had from thence lawfully to lead drive carry away and impound and altogether to keep and detain until the said I.R. Power to distrain for the nomine penae rent behind and her Assigns aswell for the said Annuity or yearly rent together with the arrears thereof if any be behind as for the said sum c. so as aforesaid nomine poenae to be forfeited shall be fully satisfied and paid of which said Annuity or yearly rent aforesaid the aforesaid I. in full and peaceable possession and seisin of the aforesaid Annuity or yearly rent
to say c. by even portions to be paid And if it shall happen the said yearly rent of c. A power of teentry for non-payment of rent lawfully demanded or any part or parcel thereof to be behind and unpaid in part or in all by the space of c. over or after any of the said Feasts or days of payment in which as aforesaid it ought or is limited to be paid being lawfully demanded that then and from thenceforth it shall and may be lawful to and for the said H.P. his Heirs or Assigns into all and singular the said dwelling houses lands tenements and hereditaments and other the premises before mentioned to be demised and in every part thereof to reenter the same to have again repossesse and enjoy as in his or their first and former estate and estates Covenant that the Lessor will repair the house with needfull reparations and the hedges ditches c. and so repaired will leave them at the end of the term any thing before in these presents contained to the contrary therof in any wise notwithstanding And the said I. M. doth by these presents for him his Executors c. covenant and grant to with the said H.P. his Heirs c. in manner c form following that is to say that he the said I.M. his Heirs c. shall and will from time to time and at all times during the said term at his and their own proper cost charges well and sufficiently repair sustain maintain and keep the said Manor house and other buildings and hedges ditches fences and inclosures in upon and about the demised premises and every part and parcel thereof in and by all needfull and necessary reparations Covenant that the Lessee will provide or cause to be provided dinners for the Lessors c. Steward c. when any Court shall be holden as also horse meat Stable room for their horses and amendments and the said Mansion house and other buildings well and sufficiently repaired and amended and the hedges ditches fences and inclosures well and sufficiently made and maintained in the end and expiration of the said term shall yeeld and leave up And further that he the said I.M. his Heirs c. shall will from time c. provide find or cause to be provided and found at his and their own proper costs and charges the dinners for the said H.P. his Heirs or Assigns and for his their Steward and other Officers when and as often as there shall be any Court or Courts holden or kept for the said Manor and also good and sufficient horsemeat and stable room for his and their horses Covenant that the Lessee will at his proper costs maintain the marks fences and inclosures of the land of the Lessor therefore paying c. when and as often as the said Court shall be there holden And further that he the said I. M. his Executors c. shall and will at his and their own proper costs and charges well and sufficiently make maintain and keep or cause to be maintained and kept all such markes fences and inclosures of the said demised premises which shall or be against all or any of the said Lands Tenements or Hereditaments of the said H.P. now in the occupation of the said H.P. his Executors or Assignes paying or allowing therefore yearly unto the said I. M. his Executors or Assigns c. of good c. Provided always that if the said I.M. A Proviso that the Lessee shall not assign without licence of the Lessor c. in writing first had and if he doth that the Lessor c. shall and may seenter c. his Executors c. or any of them shall at any time or times hereafter during the said term demise grant assigne or set over or cause to be demised granted assigned or set over all or any part of the said Lands Tenements Hereditaments and other the Premises before mentioned to be demised or vesture or herbage thereof to any person or persons whatsoever without licence of the said H.P. his Heirs or Assignes thereunto in writing first had and obtained That then and from thenceforth it shall and may be lawfull to and for the said H. his Heirs and Assigns into all and singular the lands c and other the premises before by these presents mentioned to be demised and into every part and parcel thereof to Reenter and the same to have again as in his or their former estate any thing before in these presents contained to the contrary thereof notwistanding And the said H.P. for him his Heirs c. doth by these presents Covenant and grant Covenant that the Lessor c. at his proper costs shall within c. after request assign timber for reparations and new making of c. if need be As also that the Lessor after like request shall yearly assign sufficient fireboot c. and that it shall be lawfull for the Lessee c. to cut down work out and carry away the same to be imployed about the said uses and not otherwise without paying or accompt render for the same And in default of Assignment after request to take without assignment to and with the said I. M. his Heirs c. in manner and form following that is to say That he the said H. P. his Heirs and Assignes shall and will c. during the said term at his and their own proper costs and charges within c. next after request to him or them by the said I. M. his Executors Administrators or Assigns to be made not only assign and appoint unto him or them such and so much timber growing or being upon some part of the said demised premises as shall be sufficient convenient for the repairing maintaining amending or new making if need shall require of the said Mansion-house or other buildings before by these presents demised But also shall likewise yearly during the said Term within c. next after like request to him or them by the said T. M. to be made at his and their like costs and charges assign or appoint unto him or them upon the said premises sufficient and convenient fewell and fire-boot gate-boot wain-boot Cart-boot and plough-boot to be expended or spent upon the said premises by these presents mentioned to be demised and notelsewhere which said timber fewell and fire-boot gate-boot wain-boot cart-boot and plough-boot so assigned or appointed it shall and may be lawfull to and for the said I. M. his Executors c. or for his and their servants and workmen or any of them from time to time and at all times during the said term to fell cut down and work out and the same with their Waynes and Carriages to carry away and imploy about the said reparations buildings fewell and fire-boot gate-boot wayn-boot cart-boot and plough-boot and not otherwise without any let or disturbance of the said H. P. his
use and behoof of I.W. Son and Heir apparent of I. W. of c. his Heirs and Assigns for ever Provided alwayes A Proviso for the Lesser of the old uses upon tender of money neverthelesse that if the aforesaid I.W. aforesaid or his Assigns do pay or bring to pay or bring to the elder Churchwarden of the Parish Church of c. aforesaid for the time being in the Church Porch of the Parish Church of c. aforesaid Twelve pence of lawfull c. any time or times during the life of the aforesaid I. W. aforesaid at one entire payment that then and from thenceforth the uses aforesaid before by these presents limited to the aforesaid I. W. the Son shall cease be frustrate and have no longer continuance and that then then afterwards and altogether from thenceforth the uses of the Lands and Tenements aforesaid shall be and the aforesaid I. E. and G. A. and their Assigns and all others shall stand and be seized to the only use and behoof of the said I.W. aforesaid his Heirs and Assigns for ever and to none other uses or intents any thing before in this present Writing contained to the contrary hereof notwithstanding To hold of the Chief Lord of the Fee by the service therefore due and of right accustomed And I the aforesaid I. A. and my Heirs all and singular the aforesaid Lands Tenements Hereditaments and other the premises with all and singular their appurtenances to the aforesaid I. E. and G. A. their Heirs and Assigns to the use behoof and intents aforesaid against all men will warrant and for ever defend by these presents In witnesse c. A Deed of Feoffment of a Parsonage and Advowson of the Vicaridge thereto belonging with Warranty against the Feoffor and his Heirs TO all c. Know c. all that my Rectory of V. with the Advowson and Presentation of the Vicaridge of V. aforesaid and all and singular houses barns edifices lands Glebes tenements pensions portions tithes oblations obventions and hereditaments hwatsoever being or reputed to be part parcel or member with the appurtenances of the Rectory aforesaid usually demised used or occupied with the same which the aforesaid I. B. lately purchased of c. To have and to hold the Rectory aforesaid together with the Advowson and Presentation of the Vicaridge aforesaid and all and singular houses edifices lands Glebes tenements pensions portions tithes oblations obventions hereditaments and all and singular other the premises with the appurtenances to the aforesaid c. his Heirs and assigns for ever of the Chief Lord of the Fee by the service therefore due and of right accustomed c. With the usual clause of Warranty An Indenture of bargain and sale made to the Lessee of the same land with Proviso that if the Bargainee do not pay a certain sum of money at a day then the Grant to be void THIS INDENTVRE c. Between the Right Honorable H. Lord Windsor of th' one part And I. H. of c. of th' other part Witnesseth That the said H. Lord Windsor as well for and in consideration of the sum of c. to him the said H. Lord W. by the said I. H. well and truly in hand paid c. As also for and in consideration of c. to him the said H. L. W. by the said I. H. his Executors c. to be paid in manner and form according to a proviso hereafter in these presents contained hath bargained and sold and by these presents doth fully clearly and obsolutely bargain and sell unto the said I. H All and singular the Lands Tenements and Hereditaments hereafter mentioned that is to say the Site or Manor-house of G. c. and other buildings to the said Site or Manor-house belonging or appertaining with the appurtenances one Orchard c. situate lying and being in the Parish of c. and now being in the tenure or occupation of c. or his Assigns by vertue of a demise thereof made to him the said J. H. by the said H. Lord. W. which said Site or Manor-house are together situate lying and being in c. aforesaid and do bound and butt c. And further the said H. Lord W. hath for the consideration aforesaid bargained and sold and by these presents doth fully and clearly bargain and sell unto the said I. H. the reversion and reversions remain and remainder of all and singular the said Site or Manor-house c. and all and singular other the Lands c. of the said H. Lord W. which he the said H. holdeth by reason or virtue of the said two several Leases to him made by the said H. Lord W. and the receipts and other things reserved upon or payable by reason of any demise or demises of the said premises or any part or parcel thereof heretofore made together with all and singular the Deeds c. concerning only the said Site or Manor house Lands Tenements and other the premises before mentioned to be bargained and sold or only any part thereof And the true Copies of all such other Deeds Evidences and writings as concern the said premises or any part thereof joyntly together with other Lands and Tenements the same Copies to be written out at the costs and charges of the said I. H. his Heirs or Assigns To have c. the said Site or Manor-house c. and all and singular other the premises unto the said I. H. his Heirs and Assigns for ever Provided alwayes that if the said I. H. his Heirs c. or any of them shall not well and truly content and pay or cause to be well and truly contented and paid unto the said H. Lord W. his Executors c. the sum of c. before recited in manner and form following that is to say c. at or in c. and c. one other parcel thereof at the place aforesaid in or upon the c. But in payment thereof or of some part thereof shall make default That then and from thenceforth it shall and may be lawfull to and for the said H. Lord W. his Heirs or Assigns into the said Site or Manor-house c. and into every part and parcel thereof with all and singular their appurtenances to reenter and the same to have again repossesse and enjoy as in his or their first and former estate and estates any thing before in these presents contained to the contrary thereof notwithstanding Here followed the usual Covenants as first that the Bargainor is seized of a rightfull absolute indefeasible estate in fee-simple or fee-tayl general c. in his own right and had lawfull power in his own right to convey c. as aforesaid And that upon payment as aforesaid the Bargainee shall peaceably and lawfully enjoy the c. without any eviction or disturbance c. and that the lands are and shall be discharged or saved harmlesse from all former bargains c. and incumbrances
tenor force and effect of these presents only and whatsoever my said Attorney shall so do or cause or suffer to be done in the premises I do ratifie and confirm In witnesse c. A Condition of an Obligation with the usual Covenants for the better assurance of the Lands Mortgaged THe Condition c. That whereas the above bounden S.S. hath by his Deed indented bearing date c. for and in consideration of a certain sum of money in the said Deed specified given granted and confirmed unto the above named T. B. his Heirs and Assigns three parcels of Land and Meadow in the said Deed indented mentioned whereof the one is called c. containing in all by estimation c. or thereabouts with proviso or condition in the said Deed Indented contained That if the said S.S. his Heirs Executors or Assigns do pay unto the said T. B. his Executors or Assigns the sum of c. at a certain day and place in the said Deed indented specified That then the said Deed Indented seison thereupon delivered shall be void as in the said Deed indented at large appeareth If therefore the above said T. B. his Heirs or Assigns Covenant for peaceable enjoyment and in default of payment for further assurance c. shall or may from time to time and at all times here after peaceably and lawfully have hold and enjoy the said 3 parcels of Land all singular their appurtenances according to the purport intent of the said Deed indented And further if the above bounden S.S. his Heirs c. shall happen to make default in payment of the said sum of c. or of any part thereof at the day or place in the said Deed Indented limitted for the payment thereof Then if the abovesaid S.S. his Heirs c. every other person or persons any right interest or thing having or lawfully claiming to have in to or out of the said 3 parcels of Land or any part or parcel thereof shall or will from time to time and at all times hereafter during the space of c. next after default in payment to be made upon reasonable request and at the costs and charges in the law of the said T.B. his Heirs c. knowledge make do execute suffer or cause to be done knowledged executed suffered all every such further lawfull and reasonable act acts thing things devise devises in the Law whatever for the further assurance better suerty surer making and absolute conveying of the said 3 parcels of Land with th' appurtenances and of every part parcel thereof unto the said T. B. his Heirs and Assigns for ever as by the said T. B. his Heirs or Assigns or by his or their learned Connsel in the Law shall the reasonably devised or advised Be it by Fine Feoffment Recovery or otherwise with warranty against all persons or without warranty That then c. Or else c. A Conditiō of an Obligation to perform Covenants of an Indentute THe Condition c. that if the within bound I. R. his Heirs Executors Administrators and Assigns and every of them do from time to time and at all times hereafter well and truly observe perform fullfil and keep and singular the Convenants grants and agreements which on his and their part are to be observed performed and kept mentioned conteined specified or declared in one pair of Indentures bearing date c. made between the said I. R. of th' one part and the said I. G. of th' other part according to the purport effect intent and true meaning of the said Indenture That then c. A Condition to abide an Award for Lands in controversie THe Condition c. That where deivers controversies variances debates and sutes have been risen grown and are yet depending between the above named T. W. of th' one part and the above bounden I C. of th' other part touching c. lying in the Parish c. conteining by estimation c. whether more or lesse and touching the estate and title thereof for appeasing whereof the said parties have of their mutual consents assents and agreements submitted themselves to the order award and determination of L. W. and E. P. or c. and of T. T. of c. Arbitrators indifferently elected and chosen as well on the part and behalf of the said I. C. as on the part c. to arbitrate order determine rule and judge touching and concerning the premises So as the said award be made by the said Abitrators on this side the c. If therefore c. That then c. Or else A Condition to abide an award c. and to stand to the Order of an Umpier THe Condition c. That if the within bounden R. P. c. do for his and their part stand to obey perform fulfill and keep the award Arbitrement ordinance determination and Iudgement of c. Arbitrators indifferently named c. aswell on the part and behalf of the within bounden R. P. as on the part c. to Arbitrate c. of for upon touching and concerning all and all manner of Actions and causes of actions sutes quarrels variances discords debts debates accompts Covenants trespasses claims controversies deeds had moved stirred commenced or depending between the said parties for any matter cause or thing whatsoever from the beginning of the world unto the day of the date within written So that the said Arbitrement c. of the said Arbitrators of and upon the premises be made and given by them the said Arbitrators in writing Indented under their hands and seals ready to be delivered unto the said parties demanding the same on this side or before the c. And if it shall happen that the said Arbitrators cannot nor do not make any award or agreement between the said parties within the time and space before limited That then if the said R. P. his Heirs and Assigns do likewise stand to obey perform fulfill and keep the award arbitrement determination judgement of W. B. Vmpier between the said parties indifferently named elected and chosen to Arbitrate award deem judge rule and determine of for upon or concerning the premises so that the same award ordinance decree determination and judgement of the said Vmpire be made and given up in writing indented under his hand and seal on this side and before c. That then c. Or else c. ❧ A Condition to save a Surety harmlesse THe Condition c. That where the within named E. P. at the special instance and for the only debt of the within bounden I. C. stands jo●ntly and severally bounden with the said I. C. and with the within bounden H. T. unto one R. C. c. in 20 l. of c. by obligation bearing date c. with Condition thereupon indorsed for true payment of the sum of c in and upon the c. as the said recited obligation and condition
in their kind according to the Common course of the Ecclesiastical Laws and the said Parishioners claiming to be discharged of such manner of Tithing and to pay only in respect thereof certain several sums of money by antient custome time out of mind used in the said Parish as they pretended which said controversies for that the same have not been decided by course of Law but only agreement made by mediation of T.P. and I. C. Esquires and of certain other friends on both parties It is therefore by these presents provided concluded condescended and agreed by and between all the parties to these presents that this Indenture or any thing therein contained shall not in any wise extend or be taken to extend to be any determination dismission or decession of or concerning the right of the said Tithes and Tenths or the manner of Tithing thereof nor to make any full conclusion Estoppel or determination between the said Vicar and his Successors and the parishioners of the said Parish that now be or hereafter shall be but shall only be taken for a personal agreement between them for quietnesse sake so that the said Vicar and his Successors or any of them after the determination of this present demise shall be at liberty to claim and sue for the Tithes of the said Vicaridge in their kind if he or they shall so think good And that the Parishioners of the said Parish which now or hereafter shall be and every of them shall in like manner after the determination of this present Demise be at their liberty to defend such sute and claim and to claim and maintain such customs as they have or claim for their discharge of paying their Vicaridg Tithes in their kind at their pleasure This Indenture or any thing in these presents contained to the contrary notwithstanding In witnesse whereof c. A Letter of Attorney to make Leases and to receive Rents and accompts for the profits of lands making the Grantee Bayliff and Receiver to the Grantor irrevocable for certain years TO all Persons to whom this present Writing shall come I. R of c. sendeth greeting Know ye that I the said I. R. for divers good causes c. have given granted and by these presents do give and grant unto I T. of c. aforesaid in the said County of K. full and absolute power and authority irrevocable for and during the said term of c. from the day of the date hereof next and immediatly ensuing for me and in my name by writing Indented or by several writings Indented or otherwise by paroll as to him shall seem good to demile grant and to farm let all and singular my Messuages Lands Tenements and Hereditaments whatsoever with all and singular their appurtenances set lying or being in the several Parishes of c. or else where soever within the County of K. or part or parcel of the said premises as to the said I. T. shall seem meet and convenient So that the said Lease or Leases do not exceed the number of c. years from the time of the date of these presents And so that the usual and accustomed Rent be yearly reserved and yearly payable unto me the said I. my Heirs and Assigns during the said term And for all other Covenants Grants agreements and conditions to be contained in the said several demises by writings indented or otherwise as to the said I. T. shall be likewise thought most meet and convenient And also in my name to seal and deliver as my deed the one part of all and every such writings indented to be made in form before rehearsed And the one part of the said writing indented which by the said I. T. in my name shall be in form afore rehearsed made to and for my use with him to retain and keep And I the said I. R. my Heirs and Assigns shall at all times hereafter ratifie confirm and allow all and every Act and Acts thing and things which the said I. T. in my name shall do in the premises And further know ye that I the said I. K. have made constituted and appointed and doe by these presents make constitute and appoint for and during the full time and term of c. years from the day of the date hereof next ensuing fully to be compleat and ended the said I. T. my Bayliff and Receiver to my use and behoof of all and singular the Rents issues and profits of all and every my Messuages Lands and Tenements with their appurtenances set lying and being in the said Parishes of c. or else where in the County of R. And furthermore do by these presents in my stead and place put and constitute the said I T. my true and lawfull Attorney irrevocable for and during the said time and term of c. as aforesaid for me and in my name and to my use behoof to ask levy recover and receive all and singular the rents of all my lands and hereditaments with the appurtenances heretofore due and owing unto me and all accompts for the same to take and also to levy and receive to my use as aforesaid all and singular such debts duties sum and sums of money as are or shall be due or owing unto me the said I. R. by any person or persons whatsoever for or in any sort concerning any my Messuages Lands and tenements aforesaid giving and granting by these presents unto my said Attorney full power and authority for me and in my name and to my only use to sue arrest Grant that the Bayliff or receivor shall retain and keep to his own use of the profits of the lands and sums received all his charges and expences sustained about the premises Covenant that the grantor will not revoke not make void this grant nor any authority therein given nor do any thing to hinder the grantee in executing the premises implead and condemn every of my debtors and accomptants aforesaid and at his liberty such person and persons out of prison to deliver or cause to be delivered and upon any receipt of any sum or sums of money to my use to be received of any person or persons as aforesaid acquittance or other lawfull discharges for the same for me and in my stead and name to make seal and deliver as my deed or deeds and I the said I. R. do by these presents for me my Heirs c. grant and agree that he the said I. T. shall keep and detain to his own use of the rents and profits of my lands and tenements and of such sum and sums of money as he shall receive to or for my use by virtue of this my deed all and singular such costs charges and expences whatsover which he shall lay out disburse sustain and be put unto in or about the premises or in or about the executing of this my power and authority by these presents unto him given and I the said I. doe further by
these presents covenant grant and agree to and with the said I. T. his Executors ad Assigns that he the said I. neither shall nor will revoke nor make void this present grant nor any authority by these presents to him the said I. T. given neither commit or do any act or acts thing or things whatsoever whereby he the said I. T. shall be let or in any fort hindred in the executing of the premises In witnesse whereof c. A Deed of Retainer of a Chaplain by a Noble man according to the Statute TO all c. the right honourable E. P. Lord Morley Baron of Bye greeting in our Lord God everlasting Know yee that I the said Lord Morley my beloved in Christ I. P. Clark Bearer of these presents for the conversation of his laudable like knowledge of learning the honesty of godlinesse and manners one of my houshould Chaplains according to the tenor force and effect of a certain Statute for Chaplains of great men and noble men in such case provided and established the day of the date of these presents have received admitted and by these presents do receive and admit exhorting and requiring all and singular persons who have interest or in any manner may have interest that the said I. D. for my Houshold Chaplain and familiar they do respect and repute And further the same I. D. contrary to the tenor of these presents or the Statute aforesaid no manner of way do molest vex and disturb or any ways grieve In testimony whereof I the aforesaid c. my name aforesaid with my propper hand have written and to these presents have put my seal of Armes Dated c. An assignment of two Leases by an Assignee made of several lands by several Persons THIS INDENTURE c. Between I. S. c. of the one part and W. P. c. of the other part Whereas the right honourable T. S. Lord B. of c. by his Indenture of Lease bearing date c. did demise c. unto one G. F. c. all those pasture grounds c. commonly called and known by the name and names of c. with all and singular their appurtenances containing by estimation c. except and always reserved out of the said Lease all woods c. for and during the term of c. beginning at the feast of c as by the same more at large appeareth And whereas also one T. P. of c. by his Indenture bearing date c. did demise c. unto the said G. F. c. for and during all the time and term of c. in the said Indenture specified all those other low grounds c. containing by estimation c. as by the said Indenture more c. all which said pasture grounds c. are set lying and being in c. And whereas also the said G. F. by his Indenture bearing date c. did demise c. unto the said I. S. as well all those the said pasture grounds c. commonly called and known by the names of c. with all and singular their appurtenances containing in the whole c. And also all those the said low grounds called c. containing by estimation c. whether they were more or lesse then late in the occupation of the said I. S. or his Assigns situate lying c. in c. except and always reserved out of the said Lease all Woods Exception of Woods c. To have c. as well the said pasture grounds c. unto the said I. S. his Executors c. from the Feast of c. unto the full end c. yeelding c. unto the said G. F. c. at or in c. at two usual Feasts c. that is to say c. by even and equal portions with a clause of distresse and reentry for the non-payment of the said Rent of c. by the said Indenture reserved as in and by the same more fully and plainly doth and may appear Now this Indenture witnesseth that the said I. S. for and in consideration c. unto him the said I. S. at the time of the ensealing the c. well and truly by the above named W. P. contented c. whereof and wherewith the said I. S. doth acknowledge himself c. Hath given granted c. unto the said W. P. c. as well the last recited Indenture of demise from the above named G. F. unto him the said I. S. made and all other escripts writings and Charters whatsoever concerning the said premises or any part or parcel thereof as also all that his right title interest estate and term of years of or in the above recited lands and other the premises with all and singular their appurtenances and of and in every part and parcel thereof And of and in all and singular other the profits commodities and emoluments whatsoever to the said Lands belonging or in any wise appertaining To have c. unto the said W. P. c. for and during all such time and term and for so many years as are yet to come and unexpired of and in the term aforesaid and in so large and ample manner to all intents constructions and purposes as he the said I. S. hath may should or of right ought to have hold or enjoy the same by force and means of the said last tecited Indenture writing and conveyance or by any other way or means whatsoever A clause that the Assignee shall discharge all such rents duties and payments The usual covenants that the Assignee shall pay all Rents duties and keep all covenants contained in the first lease shall acquit discharge the Assignor Covenant that the premises shall continue discharged of all grants c. forfeitures c made by the Assignor except c. as by the said last recited Indenture are or shall be due or payable unto him the said G. F. his Executors c. for the said premises and every part and parcel thereof and also from the day of the date of these presents during the whole term perform and keep all and singular the Covenant c. specified and contained in the said recited Indenture made between the said G. F. on th'on● part and the said I. S. on th' other part which are by the said Indenture on the part and behalf of the said I. S. c. to be performed and him the said I. S. from time to time and at all times hereafter acquit discharge c. A clause where the Assignor covenants to and with the Assignee that the premises shall continue clearly discharged of all grants charges interests forfeitures breach of Covenants title or titles of entry for any condition broken and of and from all other incumbrances whatsoever c. made or done by the Assignor c. one Lease of part of the said premises Covenant that the Assignee shall have the same benefit of all covenants
Here follows the usual clause of power to enter upon the Land The usual Convenants and to distrain for the rent behind As also the clause of giving seisin of the rent And after that the clause or covenant that the grantor was seized in fee of a lawfull and indefeasible Estate of the land out of which c. and that he had full power in his own right to charge the said lands Then followeth the Covenant that the land shall be overt liable and sufficient to the distresse of c. And that the land is of the cleer yearly value of c. over and above all other charges and reprises And lastly the covenant of peaceable and quiet enjoyment of the said rent c. An Indenture to lead the use of a Feoffment made by a woman before Mariage to the use of her and him that shall be her Husband with a general Covenant that all assurances shall be to these uses THIS INDENTURE c. Between I. D. of c. Virgin of th' one part And I. S. of c. G. S. and I. B. of c. of th' other part Witnesseth That whereas there is a Mariage by the grace of God in short time to be had and solemnized between the said I. D. party to these presents on the one part And the said I. S. another of the parties to these presents on the other part it is covenanted granted condescended concluded and agreed upon by and between the said parties to these presents and every of them in manner and form following First the said I. D. doth for her self her Executors and Administrators covenant promise grant and agree to and with the said I. S. his Executors and Administrators that she the said I. D. shall and will before the c. espouse and take to Husband the said I. S. if he the said I. S. will thereunto agree and the Laws of God and holy Church will it permit and suffer And also the said I. S. doth for himself his Executors and Administrators covenant promise and grant to and with the said I. D. her Executors and Administrators that he the said I. S. shall and will before the said c. espouse and take to Wife the said I. D. if she the said I. will thereunto consent and agree and the Laws of God and holy Church will it permit and suffer And the said I. D. as well for and in consideration of the said Mariage so to be had and solemnized between the said I. S. and the said I. D. as aforesaid as also for the better establishing and settling of the lands and tenements c. And so use the like form in the precedent form in this Book and mention the parcels with the bounds and butts c. with the like Covenants as before And it is by these presents fully covenanted granted and agreed upon by and between the parties of these presents and every of them their Heirs and Assigner Covenant that all assurances shall be to these use and every of them that all and singular Fines Recoveries Feoffments alienations and all other conveyances and assurances whatsoever of the said premises with th' appurtenances and of every part and parcel thereof now made or at any time hereafter before the Feasts of c. next and immediatly ensuing the date of these presents to be made shall be and inure and are by these presents appointed limited and declaed to be and inure to the uses intents and purposes before by these presents limited and appointed and to none other use or uses intents or purposes whatsoever In witness whereof c. A Grant from her Majesty of the Wardships of the bodies of Coheirs THIS INDENTURE made between c. of the one part and T. R. of c. on the other part Witnesseth That c. with the advice of the Master and Councel is contented and pleased to grant and by these presents doth commit and grant unto the said T. R. the custody wardship and marriage of F. G. E. G. G. G. Daughters next Coheirs of G. G. Gent. deceased without disparagement Together with one annuity or yearly rent of c. to every of the said Coheirs to be limitted and appointed by the said Master and Councel out of certain Messuages c. in the County of K. being in the hands and possessions of c. by the minority of F. G. E. G. G. G. to be paid yearly to the said T. R. or his Assigns by the Feodary of the said County or by his lawfull Deputy for the time being for and towards the education and exhibition of the said Coheirs And whereas also there doth not appear at this time that every parcel of the inheritance of the said Coheirs upon the death of their said Father is come into the hands and possessions of c. nor certainty in every parcel of the inheritance of the said Coheirs what ought to be in his hands and possession because of such Dowers Feoffments and Wills as are declared in the same Therefore for that c. should not be deceived in that behalf but that he should have perfect knowledge and understanding of all such Mannor Lands tenements and hereditaments which be now descended or immediatly after the decease of any person or persons or after years finished or ended or any other last will performed or by any other ways or means shall descend revert remain or come to the Heirs in possession or reversion with the very best and uttermost true value of them and every of them by the year The said T. R. hath delivered a writing hereunto annexed in the which are contained and specified all such Mannors Messuages Lands and Tenements which be descended or shall hereaster come and descend unto the said Coheirs in possession or Reversion with the very best and uttermost true value of them and every of them by the year And the said T. R. Covenanteth and granteth for him his Excecutors and Assigns by these presents that one Auditor or Auditors or any other person or persons appointed or authorized by the said Master and Councel for the time being at the costs and charges of the said T. R. or his Assigns shall search view and value the truth of the same upon which search view and value if it can be proved that the said Manors c. or any of them which shall or ought to descend revert remain and come to the said Coheirs in possession or reversion as is aforesaid be omitted and left out in the same writing indented or else be found of more large and better yearly value than in the same yearly value is limited Then the said T. R. his Executors Administrators and Assigns shall content and pay unto c. or to his Heirs or Successors as much money as the overplus of the yearly value of the said Manors lands and other the premises so undervalued shall amount unto above the yearly value limitted in the
that the premises during the minority of the said Ward are cleerly acquitted from all former bargains made by the said I.T. or by his procurement the rents grants covenants agreements expressed in the said recited Indenture always excepted and foreprized and that the Assignee shall quietly enjoy the premises without expulsion or interruption of any person or persons whatsoever from or under the Assignor And that the Assignor shall permit the Assignee to receive the profits c. and to enjoy the custody wardship and mariage profit and benefit of the said M. as the Assignor might or can be intituled c. And that the Assignor hath not heretofore don or committed Covenant that the assignee at his own charges shall defend the premises and his title therein against any prosecution against the Assignor in the name of the Assignor in such manner as the assignee shall direct the same being not contrary to the Law nor to the Covenants in the said recited Indeture and that the assignor upon request will do c. all lawful acts in and about the same as the Assignor shall direct or shall voluntarily or wittingly do or commit any act or acts release or releases that the assignee shall or may be barred to receive any benefit of all or any the said premises c. contrary to the true meaning of these presents and also that he the said I.T. his excecutors administrators and assigns upon any Bill of traverse and upon all and every sute and sutes to the hereafter prosecuted against him the said I. T. his exec admin and assigns for the impeaching and overthrowing the c. title in or to the said premises shall and will permit and suffer the said I. A. his executors and assigns in the name of him the said I.T. his executors and assigns and at the costs and charges of him the said I.A. his executors and assigns to maintain and defend the same su●e in such sort and manner as the said I.A. his excecutors or assigns shall direct and limit the same not being contrary or repugnant to the law nor the Covenants grants nor agrements mentioned in the said recited Indenture that he the said I.T. his excecutors assigns shall and will in convenient time after request and at the costs and charges in the law of the said I.A. his executors and assigns doe and execute and consent to the doing and executing of all and singular such lawfull act and acts thing and things in and about the same as the said I.A. his executors and assigns shall direct limit and appoint In witnesse whereof c. An Indenture of Grant and Covenant whereby one may discharge some part of land liable to a rent charge and not discharge the residue Notabenè THis Indenture c. Between I. S. of c. on the one part and S.H. of c. on the other part witnesseth That whereas T. G. the elder of c. and P. G Son and heir apparent of the said T. by their deed indented bearing date c. did give grant and confirm unto one G.A. of c. one annuity or annual rent of c. going forth and to be received of all their lands tenements and hereditaments with their appurtenances situate lying and being in c. or else wheresoever within the Commonwealth of England to be had held and yearly received to the said G.A. his heirs and assigns at two terms in the year that is to say c. And the first payment to begin upon the feast of c. next following after the date of the said Deed and that if the said annuity or annual Rent were behind and unpaid in part or in the whole after any of the said feasts in which the same was by the said Deed limi●ted and appointed to be paid that then and so often it should be lawfull to and for the said G.A. his heirs and assigns into all and singular the said lands tenements and hereditaments with their appurtenances and every part and parcel thereof to enter and distrain and the distresse there found to take carry away impound and detain until the said annuity or annual rent and the arrearages thereof if any were with the damages costs and charges by that means sustained were fully satisfied and paid unto the said G.A. his heirs and assigns as in and by the said Deed more at large it doth and may appear And whereas also the estate right title and interest of the said G.A. of in and to the said annuity or annual rent is by lawfull and good conveyance come conveyed and assured unto the said I.S. and his heirs Grant that if the Assignee of the rent shall take or cause to be taken any distresse for the Rent upon the Lands of S. who purchased parcel of the lands liable to the Rent that then the rent should cease and be void Now the said I.S. doth by these presents for him his heirs executors administrators and assigns grant unto the said S.H. his heirs executors administrators and assigns that if he the said I.S. his heirs executors administrators or assigns or any other person or persons claiming in by from or under him the said I. S. his heirs or assigns or by his or their consent assent or procurement shall or do at any time or times after the date of these presents distresse or take cause or procure to be taken any distresse or distresses for the said annuity or annual rent or for any part or parcel thereof or for any the arrerages of the same in any the lands tenements and hereditaments of the said S. H. which he the said S. hath heretofore purchased of the said T.G. and P.G. or either or any of them that then the said annuity or annual rent shall cease and be void in the Law to all intents constructions and purposes And the said I.S. doth further by these presents for him his heirs executors administrators and assigns promise and covenant to and with the said S.H. his heirs Covenant that neither the assignee nor any one claiming under him nor the first grantee or any one claiming under him or any other by his or their consent or p●ocurement shall take any distresse for the said rent upō the lands of the said S. Covenant not to take any judgement for costs or damages or other advantage by ret●● ●ab●nd or by nonsu●e or descent of any replevin now depending c. And that neither the Assignee nor any other by his assent wil prosecute any sute heretofore depending for any distress for the said rent executors and assigns that neither he the said I.S. his heirs executors or assigns or any other person or persons claiming in by from or under him the said I.S. his heirs or assigns nor by his or their commandment assent consent or procurement nor the heirs executors or assigns of the said G.A. nor any other person or persons claiming in by from or under the said G.A.
to whom such demise shall be made that whereas the said Sir R.M. is indebted unto several persons in the sum of c. to the intents that the said debts may be paid and discharged it shall and may be lawfull to and for the said R. M. by his Indenture under his hand and seal to demise and let all that the said c. reciting the parcels And that the said Lease and Demise so to be made shall be good in Law and that for the making of the said Lease as aforesaid the said Sir P.W. c. their heirs assigns and every of them and all and every other person and persons then standing or being seised of the said premises so to be demised and every part thereof shall stand and be seized thereof to the use and hehoof of every such person or persons to whom any such Lease or Demise shall be as aforesaid made to his and their executors and assigns according to the purport intent and true meaning of the said Lease and Demise Proviso that the heir may make his wife a Joynture of parcel of the premises that the Feoffees shal stand seized to the use of such wife accordingly Provided furthermore to the intent that the said I. M. may be the better advanced and preferred in Marriage that it may and shall be lawfull to and for the said I. M. to make unto such wife or wifes as he shall fortune to marry or unto any other person or persons to the use of such wife or wifes a Joynture of so much of the said Manor and other the said premises with their appurtenances as shall amount unto the yearly sum of c. and not above for the term of the life of such wife or wifes only and no longer and to convey and assure the same accordingly and that the said Joynture to be made shall be good and available in the Law and that they the said Sir P.W. c. and every of them their heirs and assigns and every other person and persons then being seized of the said premises to be made and conveyed in Joynture shall stand and be thereof seized to the use and behoof of such wife and wifes to whom the same shall be conveyed or assured in Joynture as aforesaid for and during the term of her life according to the intent and meaning of these presents any matter or thing before specified to the contrary hereof notwithstanding Provided always that if the said I. M. shall or do contract himself in marriage Proviso that if the heir marry without the consent of the Feoffees first had in writing that then the uses of the premises unto him limited as also unto the heirs males of his body shall cease be determined c. or do marry with any person or persons whatsoever without the consent and good liking of them the said Sir P.W. c. or without the consent and good liking of the said Survivor or Survivors of them first had and in writing obtained That then and from thenceforth the use of the said premises unto the said I.M. by these presents limitted and to every of the heirs males of his body to be begotten shall absolutely cease and be determined both in respect of him the said I. M. and also of every of the said heirs males of his body to be begotten to all intents and purposes as if he or they had never been named or mentioned in these presents and that then and from thenceforth they the said Sir P.W. c. their heirs and assigns and every of them shall stand be seized of the said premises and of every part and parcel thereof to the use and behoof of such other person persons and with such provisoes and limitations as is before in these presents limited appointed as if the said I. M. were naturally dead without heir of his body any clause or matter before specified to the contrary notwithstanding c. A Release of a Proviso and Condition THis Indenture c. Between I. S. of c. of c. of th' one part and R. W. of c. on the other part Witnesseth that whereas the said I.S. by his Indenture bearing date c. for a certain competent sum of money to him by the said R.W. before th' ensealing thereof in hand paid did give grant bargain sell and confirm unto the said R. W. his heirs and assigns c. recite the particulars in the said Indenture And the said I.S. for the consideration aforesaid did by his said Indenture give grant bargain and sell unto the said R.W. all other his lands tenements and hereditaments whatsoever situate c. in the said Parish of B. To have and to hold the said c. and all other the premises by the said Indenture mentioned to be bargained and sold with all and singular their appurtenances unto the said R.W. his heirs and assigns to the only and proper use and behoof of the said R.W. his heirs and assigns for ever as in and by the said Indenture more plainly and at large it doth and may appear In which said Indenture there was also amongst other covenants one proviso or condition contained to the effect following That if c. recite the condition verbatim as in and by the said Indent more plainly at large amongst other things doth may appear Now this Indent witnesseth that the said I.S. for in consideration of the sum of c. unto him the said I.S. by the said R.W. before the ensealing delivery of these presents well truly in hand paid Release of a Condition doth for him his heirs executors administrators and assigns and every of them clearly and absolutely remise release acquit and discharge unto the said R. W. his heirs executors and administrators as well the said proviso and condition as all other provisoes conditions covenants and agreements in the said recited Indenture contained or therein mentioned or expressed and all and all manner of power liberty authority right title or demand which I the said I.S. his heirs executors administrators and assigns hath or may have challenge or demand by force or vertue of the said proviso or condition or any other proviso or condition in the said Indenture contained And that the said I.S. his heirs executors administrators and assigns shall from henceforth be utterly excluded and disabled to take any benefit of the said proviso or condition and that the same from henceforth shall be absolutely void and determined And also he the said I. S. doth for him his heirs and assigns and every of them remise release and quite claim unto the said R. W. his heirs and assigns all and singular right title use interest challenge and demand of in or unto the said Messuages lands tenements and all other the said premises in the said Icdenture mentioned or expressed with their appurtenances and of in or to any and every part and parcel thereof
And furthermore he the said I.S. hath for and upon the consideration aforesaid Bargain and sale of Lands together with the evidences belonging to the same in the said recited Indenture mentioned given granted bargained and sold and doth by these presents for him his heirs and assigns fully clearly and absolutely give grant bargain and sell unto the said R. W. his heirs and assigns the said Messuages c. and all and singular other the premises with all and every their appurtenances in the said recited Indenture mentioned and contained or therein or thereby meant or intended to be bargained and sold unto him the said R.W. his heirs and assigns and also all and singular Messuages c. whatsoever c. together will all c. profits and commodities thereunto belonging or appertaining with all and every their appurtenances of him the said I.S. in B. aforesaid in the said County and also the reversion and reversions remainder and remainders of all and singular the said premises and the rents reserved in upon any demise or demises thereof made together with all deeds c. whatsoever concerning the said premises or any part thereof All and singular which the said deeds c. escripts and minuments or so many of them as he the said I. S. or any other person or persons to his or by his delivery have in his or their custody which he may lawfully get or come by without sute in Law he the said I. S. doth by these presents for him his heirs executors administrators and assigns and every of them covenant and grant to and with the said R.W. his heirs executors administrators and assigns well and truly to deliver or cause to be delivered unto the said R.W. his heirs executors administrators or assigns before c. whole safe uncancelled and underfaced To have and to hold the said Messuages c. unto him the said R. W. his heirs and assigns to the only use and behoof of him the said R. W. his heirs and assigns for ever A clause that the said R. W. shall enjoy the premises without any lawfull let of the said I. S. his heirs or assigns Usual clauses in bargains and sales c. using the usual words of warranties And also that the said I.S. shall at all times make further assurance be it Fine Feoffment c. Provided always and it is further covenanted granted Proviso that all conveyances made or to be made shall be to the use of the bargainee his heirs condescended and fully agreed upon by and between the said parties to these presents and every of them their and every of their heirs executors administrators and assigns And it is the true intent and meaning of these presents that all and singular Feoffments gifts grants fines recoveries and all other assurances whatsoever of the said premises with the appurtenances or of any part or parcel thereof by the said I.S. or by the said I. and A. his Wife to the said R. W. his heirs or assigns or to any other person or persons by the appointment or consent of the said R. now or at any time heretofore made or at any time hereafter to be made shall be inure are by these present limitted declared and appointed to be and inure And every such person or persons to whom any such fine Recoverey Feoffment grant or assurance shall be made shall stand and be seized to the use and behoof of him the said R.W. his heirs and assigns for ever and to none other use or uses intent or purpose whatsoever In Witnesse whereof c. An Indenture to declare the use of a precedent Recovery with a power of Revocation THis Indenture c. Between R.S. of c. of the one part and E.G. of c. of the other part Witnesseth that whereas the said R. S. did heretofore bring a Writ of entry Sir desseisin in l' post against the said E. G. retornable in his Majesties Court of Common pleas and thereby did demand against him recite the parcels with their appurtenances in B. as his right and inheritance and wherein the said E. did not enter but after a disseisin that one H.H. unjustly and without judgement did unto him the said R. within c. then last past unto which said Writ the said E. did appear and did vouch to warranty E. H. the common vouchee who accordingly did enter into the said warranty and did after make default and departed in despite of the Court and thereupon judgement was given that the said R S. should recover seisin of the tenements aforesaid with their appurtenances against the said E. G. and that he the said E. should recover over in value against the said E. H. and thereupon execution of the said recovery was had and made according unto the usual form of common recoveries in such ca●es used as by the record of the said recovery remaining in the Court of Common pleas and there entred amongst the records of Easter term last past before the date of these presents Rot●ulo 145 doth more plainly and at large appear And whereas it was by and between the said parties to these presents and either of them meant and intended and the said parties to these presents and every of them do by these presents accordingly limit declare and expresse that the said recovery was meant and intended and shall and doth extend and comprehend by such names number of acres and covenants as are therein specfied and contained the capital Mansion and Messuages and all and every the lands tenements and hereditaments with their appurtenances which late were the inheritance of I. G. Gent. deceased by the last will and testament of him the said I. devised and bequeathed unto the said E. G. and to the Heirs Males of his body in such manner and form as by the said will doth more plainly appear Now this Indenture witnesseth that the said Recovery and the execution thereupon was by and between the said parties to these presents and every of them meant and intended it is by these presents declared limitted and expressed to be meant and intended and it is by these presents Covenanted granted condiscended and agreed by and between the said parties and every of them that the same shall be and inure and that the said R.S. his heirs and assigns shall stand and be sei●ed of the said capital Mansion and all and singular other the said premises with their appurtenances in the said Recovery meetioned to the uses intents and purposes in and by these presents limitted and expressed and to none other use intent or purpose whatsoever that is to say to the use of him the said E. G. and the heirs males of his body Proviso or power of Revocation lawfully begotten c. Reciting the uses at large Provided always that if the said E. G. party to these presents shall at any time during his natural life intend or be willing to alter change
contained Convenant by the under-Sheriff honestly c. to execute the office and to do every thing which may lawfully be done by him withour the presence of the Sheriff and thereof to discharge the Sheriff to execute perform and do all that which to the duty and office of under Sheriff of the said County of S. shall appertain or to the Sheriff of the said County without the personal presence of the said Sheriff may be executed and done and also to receive and take to his own use all manner of duties and lawfull Fees commodities profits and advantages to the same office belonging or in any wise lawfully appertaining during such time as the said I.L. shall continue Sheriff of the said County In consideration whereof the said R. K. for himself his heirs executors and administrators doth covenant promise and grant to and with the said Sir I. L. his heirs executors administrators and assigns and every of them by these presents That he the said R. K. shall and will during such time as he the said Sir I. L. shall continue remain and be Sheriff of the said Counties of S and S. or either of them honestly truly and sufficiently execute and do the office and duty of an under-Sheriff in the said County of S. And shall and will well and sufficiently do and execute for and in the name of the said Sheriff all and every thing and things concerning the office of the said Sher. of the said County of S. which without the personal presence of the ligh-Sheriff may lawfully be done and executed thereof shall discharge the said high-Sheriff his heirs ●exec and admin And that neither he nor his Servant Deputy c will receive or do any thing by colour of his office contrany to the Laws ●ustoms or state of the Realm in prejudice of the Sheriff c. And furthermore the said R. K. for him his heirs executors and administrators and every of them doth covenant promise and grant to and with the said Sir I. L. his heirs executors and administrator and every of them by these presents that neither the said R. K. his servant deputy assignee clark or bailiff by him to be assigned shall or will by colour of his said office deputation or assi●●●ent extort levy receive any manner of thing or things which by the laws customs or statutes of the Realm are or shal be prohibited or not allowed whereby the said Sheriff his heirs executors or administrators or any of them may in any wise be either in their persons goods or lands lawfully defamed impeached Covenant by the under Sheriff to appoint sufficient deputies or attorneys in all Cour●s accuffomed to receive W●ies c. to do every thing concerning them and to make sufficient deputies in all parts of the County according to the laws and stat And that the under Sheriff will give reasonable notice to the high Sheriff of all things to be done by him in his proper person and thereto will be assistant will bear all charges there of except mans meat horse meat Covenant to receive all proces wherewith the high Sheriff is chargeable to collect all fines issues amerciaments c. and to pay the same at such times as the high Sheriff is chargeable to pay the same to his Majesties use and thereof to acquit and discharge the Sheriff charged impaired molested or troubled And further the said R. K. for himself his heirs executors and administrators and every of them doth covenant promise and grant to and with the said Sir I. L. his heirs executors and administrators and every of them by these presents That he the said R. K. shall and will assign and appoint sufficient deputies and attorneys in all Courts accustomed as well to receive writs warrants precepts and Commandements to the said Sheriff to be directed and to make processe thereof and to do all thing and things for the executing serving and sufficient returning thereof and also shall make and appoint sufficient number of Deputies in all parts of the said County of S. according to the Laws and Statutes of the Realm And that he the said R. K. shall and will from time to time give reasonable notice and warning unto the said Sir I. L. of all such things as shall be requisite and necessary for the said Sir I. L. as Sheriff of the said Counties or either of them or by reason of his said offices in his own person to do or execute therein at all times in his own person or by his sufficient Deputy shall be ayding and assisting as well for the doing and executing thereof and the returning thereof As also shall bear and pay all such charges thereof as to the said Sheriff by reason of the said office should appertain except Mans meat and Horse mear And also the said R. K. for himself his heirs executors and administrators and every of them doth covenant promise and grant to and with the said Sir I. L. his heirs executors and administrators and every of them by these presents that the said R. K. his heirs executors administrators or assigns shall and will well and truly from time to time receive all such extracts and processe whatsoever wherewith the said Sir I.L. as Sheriff of the said County of S. is or shall be chargeable to receive and that he the said R. K. his heirs executors administrators and assigns shall and will well and truly collect levy and gather all Fines issues and amerciaments seisures Fee-f●rmes Rents profits certainties Pipe-silver Chequer-silver and all manner of debts duties and demands whatsoever wherewith the said Sir I. L. as Sheriff of the said Counties of S. and S. his heirs executors or administrators their or any of their goods chattels or lands may in any wise be charged or chargeable and the same to pay to c. use at such times as the said Sir I. L. is charged or chargeable to pay the same and thereof and of every part and parcel thereof to acquit and discharge as well the said Sir I. L. his heirs executors and administrators and every of them as also all and singular their and every of their goods and 〈◊〉 chattels manors messuages lands tenements and hereditaments And also that he the said R. K. his heirs executors administrators or assigns shall and will from time to time acquit and discharge And that he will acquit discharge or save harmless the Sheriff c. his goods and lands from all executions of prisoners c. And from all forfeitures fines amerciaments c. by reason of any misfeasons or nonfeasons c. of him his deputy attorney c. And that he will not intermeddle with the execution or returning of any Letters c. from his Majesty or his privy Councel without the direction of the Sheriff Covenant safely to keep the Prisoners committed to his custody until they are delivered to the Goal there safely to be kept by
H. my heirs executors or assigns shall not nor will not at any time hereafter make any claim challenge or demand of in or to the said premises with the appurtenances or of in or to any part or parcel thereof But shall and will from henceforth be thereof and therein utterly excluded by these presents In witnesse whereof c. A Release of Legacies KNow c. That I S. H. of c. Son of I. H. late of T. aforesaid deceased for divers c and for that I am satisfied of all such Legacies Accompts and all such other duties and demands due unto me by the last will and testament of the said I.H. my Father as also by W. H. my Vncle late of T. aforesaid deceased have remised released quite claimed do by these presents for me my heirs executors administrators and assigns release and for ever quite claim unto W. H. of T. Yeoman executor of the last will and testament of the said W. H. deceased his heirs executors and assigns all and all manner of Legacies accompts c. An Indenture of the Commissioners for the assessing and levying of the Subsidie whereby they make one high Collector of many Hundreds THis Indenture c. Witnesseth That Sir E. H. and Sir W. R. Knights and Baronets and E. H. Serjeant at Law Commissioners amongst others in the County of K. assigned by virtue of a Commission to them and others directed for the assessing and levying of the two first subsidies of the five entire subsidies granted to c. in the last Session of Parliament holden at Westminster in the year c. and the subsidies being by the said Act assigned to be paid into the receipt of the Exchequer at or before the tenth day of Iuly last and whereas the Commission for the taxation of the said subsidies came not to the hands of the said Commissioners until after the 10th day of Iuly by reason whereof there could be no assessement made before that time so that the said Collectors could not collect or gather any moneys before the said time Have in the day and year of the date hereof by virtue and authority of the said Commission assigned and deputed W.R. of c. in the said County Gent. high Collector of the hundred of c. with the Township of N. so that the said W. R. shall receive and levy of the subcollectors here under written the whole sums of of their said collection and pay all the said sums except 6 d. of every pound to be deducted according to the tenor of the said Act for the fees of Commissioners and Collectors to the use of c. in the Receipt of the Exchequer aforesaid within one moneth next after he hath received and gathered the same In Witnesse whereof the Commissioners aforesaid to these presents interchangeably have put their Seals the day and year first above written 1628. An Indenture to certain in trust to uses herein mentioned THis Indenture made c. Between A. R. of M. in the County of K. Gent. and E. his wife and I. S. of N. in the County of Middlesex Gent. of the one part and E.H. Serjeant at Law I. H. of H. in the said County of M. Esquire c. on the other part witnesseth that whereas the said A. R. and I. by their Indenture of bargain and sale bearing date c. did grant bargain and sell unto the said E. H. I. H. c. and their heirs all that capital Messuage or Tenement c. recite all the parcels as in and by the said Indenture it doth and may more plainly and at large appear Now this Indenture Witnesseth that the true intent and meaning of the said assurance and conveyance of the said lands premises in the said Indenture mentioned unto them the said E. H. I. H. c. and their heirs to be made was and is upon such trust and confidence as hereafter in these presents is declared limitted and appointed and not otherwise That is to say whereas it is intended and meet that the said E. R. wife of the said A. in respect she the said E. R. wife of the said A. hath at the request of the said A. and for his benefit sold and past away all her own lands and inheritance should have a competency of present maintenance and also the inheritance of all and singular the ●aid premises in the said Indenture mentioned if she fortune to survive the said A. Therefore the trust and confidence in them the said E. H. I. H. c. and their heirs reposed for and concerning the said peece or parcel of land c. is that they the said E. H. I. H. c. and their heirs shall permit and suffer the said A. and E. during their ●o●nt lives to take and receive the Rents issues and profits of the said peece or parcel of land to their own use and benefit and if she the said E. shall fortune to survive him the said A. That then she the said E. shall have and enjoy the said peece or parcel of land with the appurtenances unto her and her Heirs for ever And if it shall fortune the said A. to survive the said E. then the said A. to have and enjoy to him and his heirs for ever and the trust and confidence in the said E. H. I. H. c. and their heirs for and concerning the said capital Messunge c. and all the residue of the said lands tenements and hereditaments in the said indenture mentioned with all and every their appurtenances is and by these presents is declared to be That they the said E. H. I. H. c. their heirs and assigns shall permit and suffer the said E. wife of the said A. to receive and take to her own use and behoof the issues rents and profits of the said capital messuage and all and singular the said premises last recited with every their appurtenances for and during the term of her natural life and if she the said E. shall fortune to survive and overlive the said A. that then she the said E. shall have and enjoy the said last recited premises with the appurtenances to her and her heirs for ever And if it shall fortune the said A. to survive the said E. Then the said A. to have and enjoy the same to him and his heirs for ever In Witnesse c. A Grant of a Bayliwick of levying of moneys and power to make Deputies for the doing of the same TO all Christian persons to whom this present writing shall some G. of c. sendeth greeting Know ye that I the said G. for divers good causes and considerations me hereunto especially moving have authorized constituted nominated and appointed and by these presents do authorize constitute nominate and appoint my true and well beloved Edward Henden Serjeant at the Law my Bayliff of all singular my Liberties within the County of York to take receive collect and gather all
sum and sums of money benefit and advantage by reason or means of the said Bond to be had obreined or gotten and we give and by these presents grant unto our said Attorney all our full power and authority in and about the premises the said V W. his executors administrators and goods and every or any of them if need shall be to sue arrest attach seize sequester implead condemn in prison to put and out of prison to deliver and to appear before all manner of Judges Justices and Ministers of the Law and to compound conclude agree recover and receive and after Recovery receipt or upon every composition or other agreement to be made acquittances or other discharges in our names to make seal and deliver as our Deeds and one Attorney or more under him to make substitute or revoke and generally to doe execute perform and finish all and every other lawfull act and acts things and things whatsoever which in or about the said premises or any part thereof shall be needfull necessary or convenient as fully and effectually as we our selves might or could do personally covenanting and granting by these presents to hold ratifie and allow for good firm and effectuall all and whatsoever our said Attorney shall lawfully do or cause or procure to be done in about or concerning the said premises or any part therof by vertue of these presents In witnesse whereof We have hereunto set our hands and Seals dated the 23 day of May in the yeare of our Lord God 1650. An Indorsment of livery and seisin by Attorney QUiet and peaceable possession livery and seisin of the Messuage lands and tenements with the appurtenances within mentioned was had and delivered by the within named T B. Attorney unto the within named W I. unto the within named H R. and his heires the 12 day of Aprill Anno Dom. 1634. according to the purport and effect of these presents in the presence of c. The Attornement of the Lessee of the Lands conveyed by the Feoffment upon livery and seisin MEmorandum That I M. Lessee of the within mentioned premises do consent unto the livery and seisin above mentioned And do Attorn unto the within named H R. according unto the purport of this Indenture in the presence of c. An Indenture to try a title upon an ejectment THis Indenture made c. Between Sir E S. of L in the County of Surry Knight of the one part and I H. of C. in the County of H. Yeoman on the other part Witnesseth that the said Sir E S. for divers good causes and considerations him thereunto unto especially moving hath demised granted to farm letten And by these presents doth premise grant and to farm let unto the said I H. his executors and assignes One messuage and two acres of land with all and singular the appurtenances s●ituate lying and being in the parish of C. in the said County of H. To have and to hold the said messuage and premises with their appurtenances unto the said I H his executors administrators and assignes from the Feast of the Anunciation of our blessed Lady Saint Mary the Virgin last past before the date hereof unto the full end and term of three yeares from thence next ensuing and fully to be compleat and ended yielding and paying therefore yearly during the said terme unto the said Sir E S. his executors administrators and assignes one Pepper-corne if the same be lawfully demanded Provided alwaies that if the said Sir E S. his executors administrators or assignes or any of them shall be minded at any time Proviso to determine the Lease upon paiment of 12 pence during the said terme to determine this present Lease and f●r that intert shall pay unto the said I H. his executors admini●trators or assignes the sum of 12 d. of lawfull English mony that then and immediately after such paiment of the sum of 12 d. as is aforesaid this present Indenture and Lease and all and every clause article and agreement therein conteined shall be utterly void frustrate and of none effect to all intents and purposes whatsoever In Witnesse whereof c. Letters Patents for making an Alien to be a free Denizen TO all or to whom these presents shal come greeting know yee that wee of our speciall grace and certeine knowledge meer motion have granted and by these presents do grant unto Peter le Pipre of the Town of Armentere in Flanders or by what other name he be called or known that he during his life be held as a lawfull subject of us and our heires and sucessors in all things and so shall be reputed called had and governed as our lawfull Liege within our Kingdome of England proceeding and not otherwise nor in any other manner And also that he shall have exercise use and enjoy all and all manner of accounts sutes and complaints of what kind soever in every one of our Courts and Jurisdictions soever and in the same plead and be impleaded to answer and be answered to defend and be defended in all things and by all things as any of our faithfull subjects born in our Kingdome of England And moreover that the said Petre may purchase receive take have hold buy and answer lands tenements reversions and such and other hereditaments whatsoever within our said Kingdome of England and Dominions thereof and also to use and enjoy and give them sell to alien or bequeath them to any person or persons whatsoever if he please at his owne will and pleasure lawfully and unpunishable and that he shall and may enjoy have and reteine Taverns Shops or Houses whatsoever for the terme of one yeare or more years so fully freely quietly wholly and peaceably as any of our liege people within oursaid Kingdome of England proceeding and that it shall be lawfull for any of our subjects to let unto the said Petre and his assignes whatsoever Tavernes Shops and Houses whatsoever for the terme of one or more yeares without any forfeiture or punishment whatsoever to be incurred for that occasion And also that he the said Petre all and all manner of liberties franchises and priviledges of this Kingdome lawfully quietly and peaceably shall have and possesse use and enjoy as our liege people within our said Kingdome of England born without disturbance hindrance molestation vexation cavill or grievance of us or our heires or of any other whatsoever any Statute Act Ordinance or provision to the contrary hereof before enacted made ordeined or provision or any other thing cause or matter whatsoever in anything notwithstanding Provided alwaies that the said Petre shall unto us Lot and Scot● as other our liege people doe make and contribute shall pay and contribute what is just and shall pay to us our heires and successors Customes and Subsidies for his goods and Merchandises as Aliens doe pay and have accustomed to pay Provided alwaies also that the said Petre to all and singular Ordinances
grant by the Stewards of liberties to certeine persons to be their Bayliffes and to collect all issues Fines and amerciaments c. TO all Christian people to whom this present writing shall come T D. of Graies Inn in the County of Mid. Gentleman and W B. of H. in the County of York Gent. sendeth greeting in our Lord God everlasting Whereas George c. by his Indenture bearing date c. and signed by him the said I and under his seale hath granted the Stewardship of all and singular his liberties within the County of York together with all and singular the appurtenances thereto belonging unto the said T D. and W B. for the term of their naturall lives and the longer liver of them as in and by the said Indenture remaining of Record in the Court of Exchequer amongst other things it doth and may appear Now Know ye that we the said T D. and W B. for divers good causes and considerations us thereunto especially moving have authorized nominated deputed constituted and appointed and do by these presents authorize nominate constitute appoint our well beloved W A. and W C. within the said County of York my Bailiffes of all and singular the said Liberties of the said G. c. within the said County and to execute the Office of Bailiffes within the said Liberties and to receive collect and gather all and every such issues Fines amer●iaments sum and sums of money as shall at any time arise grow due or accrue unto the said G. c. or unto us the said T D. or W B. within all or any of the said Liberties within the said County of York the said W A. and WC giving unto the said G. a just accompt of all such sum or sums of money which they or either of them shall so receive within three moneths after they have received the same and to doe and perform all and every such other thing and things whatsoever belonging and appertaining to the Office of Bayliffs within the said liberties ratifying and establishing by these presents all and all manner of lawfull and reasonable act and acts thing and things whatsoever as they the said W A. and WC shall do in the premises within the said Liberty as aforesaid or for the due execution of the same in as large and ample manner as if we the said T D. W B. were present in our persons for the acting or doing thereof In witnesse whereof we the said T D. and W B. have hereunto put our hands and seals the 18 day of July in the yeare of our Lord God c. A bargaine and sale to the c. of a Prebend c. THis Indenture made the c. Between c. on the one party and Sir I M. Knight on the other party Witnesseth That the said Sir I M. Knight for certaine causes and considerations him especially moving hath bargained sold given granted and assured and by these presents doth fully and clearly bargaine sell give and grant unto c. all that his Prebend of T. in the County of S. with all and singular his rights members and appurtenances And also the advowson gift presentation collation and right of patronage of the same prebend which said prebend the said Sir I M. lately had to him and his heires for ever of the gift and grant of c. as by his Letters Patents thereof made under the Great seale of England bearing date c. to the said Sir I M. amongst other things more plainly appeareth And also all and singular his Lordships Mannors Messuages Houses Buildings Lands Tenements Meadowes Leases Pastures Rents Reversions Services Woods Underwoods Personages Chappels Advowsons Glebelands Tithes Oblations Obventions Pensions Portions Fruits Profits Commodities Emoluments and Hereditaments whatsoever with their Appurtenances whatsoever A bargain and sale of the rents reserved upon any Leases or grants of the premises together with the deeds and evidences as well spirituall as temporall of what kind or nature sover they be or by whatsoever names they be called or known set lying and being comming growing or renewing in the Towns Fields Parishes or Hamblets of T and R. in the said County of S. and in I. in the County of W. and elsewhere in the said Counties or in either of them or within the Realm of England in any manner of wise belonging or appertaining And further the said Sir I M. by these presents bargaineth and selleth unto our said Soveraigne Lady all the rents and the yearly profits whatsoever reserved upon all Leases or grants made of the premises or of any part or parcell thereof together with all and al manner of Letters Pattents Deeds Evidences Charters Court-Rols Terrets Es●ripts Covenant by the bargainer to deliver the evidences which he hath or may have without sute in law into the Exchequer or other place assigned by the Officers of that Court before such a day Indentures Leases Writings and minuments concerning only the said Prebend Lordship Mannor Messuages Lands Tenements and other the premises or only any part or parcell thereof and as many of the same Letters Patents Evidences Deedes Charters Court-Rols Rentals Terrers Es●ripts Indentures Leases Writings and minuments as now be in the hands or custody of the said Sir I M. or of any other person or persons to his use and which he may conveniently get or come by without sute in Law for the same Sir I M. Covenanteth and granteth by these presents to deliver or cause to be delivered into the Court of Exchequer or to such other place or places as by the Treasurer and Barons of Officers of the said Court of Exchequer or any of them shall be appointed to the use of c. at or before the Feast of Easter next comming after the date of these presents And also all and singular other evidences writings and minuments concerning only the premises or only any part or parcell thereof which at any time after the said Feast shall chance to come to the hands or possession of the said Sir I M. or his heirs the same Sir I M. covenanteth and granteth to and with c. by these presents to deliver or cause to be delivered into the said Exchequer or into such other place as shall be appointed in form aforesaid to the use of c. from time to time as the same shall chance to come to the hands or possession of the same Sir I M. or of his heires To have and to hold the said Prebend The usuall Covenant that the bargainer is true owner in fee simple and had full power to sell the premises Lordship Mannor and all and singular the said messuages lands tenements Meadows pastures Leases rents reversions services advowsons and other the premises with all and singular their appurtenances to c. and assignes for ever to the only use and behoofe of the said c. and assignes for ever And the said Sir I M. Covenanteth and granteth to and with
of the other part Witnesseth that for Consideration of a Marriage and in consideration of a Marriage of late had and solemnized between the said E M. and E his now Wife Daughter of the provisoes Articles and Agreements that passed and were made upon the conclusion of the same Marriage and for reducing of the same into Covenants and also for the more security for conveying and assuring of a competent Jointure to and for the said E. of the inheritance of the said W. and E M. to be and remaine to the severall uses intents and purposes hereafter and herein declared and for di●ers other good just lawfull and reasonable causes respect purposes and considerations the said parties hereunto especialy moving It is covenanted granted concluded confirmed condescended determined and agreed by and between the said Parties to these presents for themselves their heirs c. and to the effect and form following viz. First the said W. and E M. for themselves their heires A Covenant to make Estates c. do covenant grant and promise to and with the said E M. his heires c. by these presents That the said W. and E M. or either of them and their heirs and the heirs of either of them shall and will at all times hereafter and from time to time at and upon the reasonable request costs and charge in the Law of the said E M. his heires c. make seale deliver knowledge perform perfect and execute and cause and procure and suffer to be made c. unto such person and persons as by the said E M. his c. thereunto nominated and appointed all and every such Estate Fines Feoffments conveyances acts things devises and assurance in the Law as by the said E M. his heires c. or his or their learned Councell shall be devised orrequired for the assuring conveying passing and sure making of all and singular those messuages Lands Tenements and Hereditaments Habend for uses cumpertinentiis in c. To have and to hold the said Messuages c. unto the said Person or Persons to be named and appointed as aforesaid and his or their heires or assignes to the severall uses intents and purposes and upon with and under the provisoes and limitations hereafter in these presents expressed and declared and to none other use intent purpose Covonant to whose use it shall be limitation or meaning that is to say It is covenanted granted condescended concluded and agreed by between the said parties to these presents for themselves their heirs c. and it is their full meaning agreement purpose and intent That the said Estate Fines Feoffments conveyance and assurances for and touching c. shall be and the said person or persons to be named and appointed as afore aid and his or their heirs or assignes shall stand and be thereof seised to the use and behoof of c. That they are true owners and are seised in Fee c. And the said W M. and E M. for them their c. doe Covenant c. and either of them for and by himselfe his heires c. That they the said W M. and E M. and either them or one of them at the making and executing of the said conveyances and assurances are true lawfull and perfect Owner of the said messuages lands tenements and hereditaments cum pertinent is and are thereof lawfully seized in possession of an absolute Estate in Feesimple Fee-taile or the one of them and are thereof seised in possession for term of his life with the immediate reversion or remainder thereof over to the other of an estate of Inheritance shall then have ful power right title authority to pass convey assure the premises cum pertinentiis to the uses according to the effect aforesaid And free from incumbrances And that they the said W M. E M. and either of them their heires c. shal and wil at al times hereafter acquit and discharge or otherwise from time to time upon reasonable notice and request fully and sufficiently save harmless aswell the said messuages c. as also such person or persons to whom any use or estate is before by these presents limited or appointed of for from touching and concerning all and all manner of bargains s●les guifts grants fines feoffements estates entailes recoveries executions limitations presente contingente and future uses statutes recognizances judgements rents charges troubles leases extents entrusions issues liveries forfeitures exceptions And that he the said E M. and E. his wife That they shal enjoy and the said E M. and his heirs and the said severall sons the heires of their severall bodies lawfully to be begotten and all and every other their heire and heires to whom any use or estate is by these presents before mentioned intended limited appointed or declared shall and may quietly and peaceably have hold occupy and enjoy the faid premises cum pertinentiis according to the uses and true meaning before declared and the assurances hereafter to be made and passed in that behalfe without any let sute vexation hinderance expulsion eviction interruption or trouble of the said W.M. or his heires or assignes or of any other person or persons lawfully claiming from by or under him or them or by his or their means assent commandements or procurement Exceptions And that the said W. and E M. nor either of them That he shall not doe any act to make void the Estates nor to disable him to sell shall not at any time or times hereafter make do attempt assent unto knowledge execute or willingly suffer any manner of estate conveyance assurance act thing matter or device whatsoever whereby or by reason whereof the uses and estates before declared or any of them for and touching the said Lands and Tenements or any part or parcell thereof shall and may be discontinued cut off debarred overthrown or made void or whereby the said E. or any of the said sons or any heire of any of their bodies lawfully begotten or the heire of the body of the said E M. upon the body of the said E. lawfully to be begotten or the said E M. or his heires shall or may by any means be defeated defrauded excluded or disinherited of the premises or any part or parcell thereof or of any use or estate hereby to him or any of them appointed limited or intended to be contained or mentioned in any of the said conveyances or assurances contrary to the true meaning of these presents or whereby or by reason whereof the said W M. and E M. or any of them shall or may in any sort or degree be disabled perfectly sufficiently and surely to make passe convey and assure the said Messuages Lands and Tenements or any part or parcell thereof according to the uses limitations and true meaning of and in these presents expressed and declared And the said W M. and E M. for them If
the land be not passed before the day then they to stand to the uses before declared their heires c. and either of them for and by himselfe his heires c. do and doth in consideration of the said Marriage and for and in consideration of the said naturall love good will zeale and fatherly affection which the said W M. hath and beareth towards the said E M. and for the conveying and assuring of the said Jointure and for the establishing setling and assuring of the said Messuages Lands and Tenements cum pertinentiis to the severall uses behoof and purposes before herein expressed and declared and for and in respect of divers other good causes and considerations them especially moving grant covenant and promise to and with the said E M. his heires c. That if or in case the said Messuages Lands and Tenements or any part or parcell thereof shall happen not to be by good and sufficient conveyance and assurance in Law sufficiently conveyed passed and assured to the uses intents behoofs and purposes aforesaid within the space of c. next ensuing the Date hereof That then and from thenceforth the said W. and E M. and either of them and their heires and assignes and the heires and assigns of either of them and all and every other person and persons that then shall stand and be seised of and in such and so many of the premises as shall not be sufficiently and perfectly conveyed passed and assigned to the uses aforesaid shall stand and be thereof seized to such severall uses respects purposes limitations and intents and under such provisoes and conditions as are before by and in these presents limited expressed appointed and declared for and touching the same according to the true meaning of these presents * Proviso that if E. dy before she be aged 24 years without issue living or if it be alive and live not till shee should have been aged 24 yeares if shee had lived then the estate to be void and they to stand se●zed to the use of E M. till W M. pay him 500 l. then the Estate to be to the use of W M. and E M. for her join sure Provided alwaies a ditis granted concluded condescended determined and agreed by and between the said parties to these presents for themselves their heires c. And it is also their full meaning agreement purpose and intent That if the said E. shall happen to decease and depart this life before her full age of 24 years without any issue of her body of and by the body of the said E M. lawfully begotten then living or in case she have the issue living if the same issue happen to decease and depart this life before such time as the said E. if she had lived should have accomplished the said age of c. That then and from thenceforth the uses before herein declared and expressed for and touching the said Messuages Lands and Tenements cum pertinentiis by and in these presents limited and appointed tobe conveyed to and for the Jointure of the said E. shall utterly cease determine and be void to all intents and purposes And that then and from thenceforth and at al times after the said estates feoffment conveyances and assurances for and touching the said Lands and Tenements cum pertinentiis shall be and shall inure and the said Person or persons to be named and appointed as aforesaid and his or their heires and assignes shall stand and be thereof seized to the use and behoof of the said E M. and his heires untill the Feast of c. that the said W M. his heirs c. shall well and truly pay content and satisfie unto the said E M. his c. at his now dwelling house s●ituate c. the sum of c. without fraud or covin and that from and after such paiment the same appointed estates feoffments conveyances and assurances for and touching the premises limited and appointed to and for the Jointure of the same E shall be and the said person and persons to be nominated and appointed as aforesaid and his and their heirs and assignes shall stand and be thereof seized to the use and behoof of the said W M. and E M. and their heirs and assignes for ever Anything in these presents contained or to be contained in the same estates feoffments conveyances and assurances or any of them to the contrary thereof in any wife notwithstanding Provided alwaies Proviso that if any of the Feoffees do any act to hinder the estates then the estate of them so attempting shal go to the other Feoffees and it is neverthelesse fully concluded condescended and agreed by and between the said parties to these presents and every of them That if the said V G. W. G. and R G. or any of the heires of the body of the said E M. lawfully begotten shall at any time or times hereafter willingly advisedly or actually attempt or go about to commit or do or cause to be done any act or acts thing or things whatsoever of the said Mannors c. to be assured or conveyed or any part or parcell thereof whereby or by means whereof any estate use or possession above in these presents limited or expressed for any of them shall or may be in any wise discontinued impeached charged hindered cut off barred or extinguished contrary to the intent and true meaning of these presents except such act and acts thing and things as are in or by these presents mentioned licensed limited or permitted and except the lawfull and reasonable Dower of such woman or women as are or shall be his or their lawfull wife or wives That then immediately and from and afterevery such attempt of the said V G. W G. or R G. or any of them or any of the heires males aforesaid the estate use remainder and possession of such of them as so shall willingly advisedly and actually attempt go about doe commit or cause to be done any such act or acts thing or things shall cease and determine of and in and for such part onely of the said Mannors c. whereof any such attempt or going about shall be had or made as is aforesaid as though such person or persons so attempting or going about were naturally dead and that yet neverthelesse all other several uses estates and remainders now by these presents limited and expressed of and for the same shall stand and be of and in the same and in the like sort as if such person or persons so attempting or going about were dead And that then and from thenceforth the said conveyance and assurance shall be and the said Feoffees and their heirs and all other persons to whom any such conveyance or assurance as is aforesaid shall be had or made and their heires shall stand and be seized of for and concerning so much and such parcell onely of the said Mannors c. so to be conveyed and
should from time to time create declare limit expresse or appoint and to no other use purpose or intent The said recited Indenture or any thing c. notwithstanding And afterwards in performance of the Covenants grants and agreements in the said recited Indenture mentioned several Fines and Recoveries were had levied knowledged and executed of in and upon and for and concerning the said Barony Monours Lands Tenements and premises in the Court of Common pleas at Westminster as also before the then Justices in the County of Chester and also before the Justices in the said County of F. all and every which Fine and Fines Common Recovery and Recoveries were had levied knowledged and suffered to the uses intents and purposes and with and under the several provisoes conditions and limitations in the said recited Indenture mentioned After which the said R.B. of W. died without issue male of his body lawfully begotten In consideration of the Proviso in the recited Indenture Now know all men by these presents that I the said Sir R.B. for divers causes and considerations me moving and by vertue of the said recited Proviso and the liberty power and authority by the said recited Indenture to me reserved and according to the true intent and meaning of me the said Sir R.B. and of all other the Parties to the said recited Indenture Have altered changed revoaked determined and made void and by this my present writing Indented The Revocation of the Uses being by me signed and fealed in the presence of the Persons undernamed do alter change revoake frustrate cease determine and make void all and every the said use and uses Estate and Estates created raised expressed declared limited and appointed by the said recited Indenture Fine or Fines Recovery and Recoveries and every or any of them to the faid W.B.R.B. and T.B. Brothers of me the said Sir R.B.W.B. of c. R.B.T.G. alias B.I.R. of c. W.B. Brothers of the said J.B. of c and to all and every the severall Sonnes and Heires males begotten on the several bodies of them the said W.B. and T.B. my Brother W.B. of c. R.B.T.G. alias B.I.B. of c. and W.B. his Brother and every of them of and in the said Barony of M. Manours Lands Tenements and Hereditaments in the said recited Indenture mentioned or any part or parcel thereof And further know all men by these presents That I the said Sir R.B. for the fatherly love and affection that I the said Sir R.B. do heare to Dame M. E. my only Daughter and Heire apparent now Wife to Sir R.E. Knight and to the Heires of her body lawfully begotten doe by these presents by vertue of the said recited Proviso in the said recited Indenture contained and the liberty power and authority therein and thereby to me reserved as a foresaid create declare limit and appoint that the said Fine and Fines Recovery and Recove●ies so had levied knowledged and suffered of the said Barony and premises before in these presents mentioned as aforesaid and all and every the Parties thereunto and all and every Person and Persons and their Heires which now be or hereafter shall stand and be seized of and in the said Barony and premises or of or in any part or parcel thereof shall by vertue thereof from and after that every of the said several Uses and Estates limited and appointed as aforesaid of and in the said Baromy and premises to me the said Sir R.B. and to the said several Sonnes of the body of me the said Sir R B. shall be ended That the said Barony shall be to the use of R.B. and his Heires c. expired and determined stand and be seized of and in the said Barony and premises and of and in every part and parcel thereof to the use and behoofe of the said R.B. my Brother and his Assignes for and during the terme of the natural life of the said R.B. my Brother without impeachment of any manner of waste And immediately from and after the death of the said R.B. last named then to the use of the first Sonne of the body of the said R.B. last named lawfully begotten and of the Heires males of the body of such first Sonne of the said R.B. last named lawfully begotten And for default of such inssue to the use of him that shall be the second Son of the body of the said R.B. last named lawfully begotten and of the Heires males of the body of such second Sonne of the said R.B. last named lawfully begotten And for default of such issue c. ut supra And for default of such issue to the use of every other Sonne or issue male of the body of the said R.B. last named lawfully begotten which the said R.B. last nemed shall happen to have above the number of six Sonnes and of the Heires males of the body of every such other Sonne of the said R.B. last named successively one after the other as they shall be in seniority one before the other so long as there shall be any Sonne or issue male of the body of any Sonne of the said R.B. last named lawfully bebotten extant And for default of such issue to the use of the said T.B. Brother to me the said Sir R.B. and his Assignes for and during the terme of the natural life of the said T.B. without impeachment of any manner of waste and immediately from and after the death of the said T.B. then to the use of him that shall be the first Sonne of the body of the said T.B. lawfully begotten and of the Heires males c. ut supra And for default of such issue to the use of the said Dame M E. Daughter and Heire apparent of me the said Sir R.B. and Wise to the said Sir R E. Knight for and during all the natural life of the said Dame M. and from and after her decease to the use of R.E. Esquire Sonne and Heire apparent of the said Sir R. E. and Dame M. his Wife and of the Heires males of the body of the sad R. E. lawfully to be begotten And for default of such issue to the use of S. E. second Sonne of the body of the said Dame M. E. lawfully begotten and of the Heires males of the body of the said S. E. lawfully begotten and fon default of such issue c. ut supra And for default of such issue to the use of the right Heires of the said Dame M. E. for ever That if R.B. c. doe any act to hinder the Estates then their Estate shall be void Provided always that if the said R.B. Brother of mee the said Sir R.B. or any of the said severall Sonnes of this body begotten or any Heire male of the severall bodies of the same Sonnes lawfully begotten or to be begotten or if the said T. B. my Brother or any of the said severall Sonnes of the body of the said T. B. or
refuse to marry her then I.R. to repay the money c. That in case it fortune the said R.R. his Sonne to disagree and refuse to marry and take to his Wife or doe not marry and take to his Wife the said K.W. or that any other default mislike or impediment do or shall arise grow or happen on the part and behalfe of the said R.R. or the said I.R. or either of them or by their or either of their assent or procurement whereby or by meanes whereof the said Marriage shall not or doe not take effect between the said R. and K. in manner and forme aforesaid according to the true intent and meaning of these presents That then the said I.R. his c. shall and will well and truely content and pay or cause c. unto the said R.W. his c. the summe of c. at one whole and entire payment within thirty daies next after the said Feast of c. without Covin fraud or delay * Proviso that if I.R. doe pay 100l then he shall be quit of the two former Covenants Provided alwaies and neverthelesse it is the intent and meaning of these presents and of all and every the Parties to the same That if in case the said I.R. his c. doe or shall doe at any time hereafter well and truely and without all fraud and covin satisfie and pay or cause c. unto the said R.W. his c. the summe of 100l for or by reason of any breach or not performance of either or both the said two Covenants or Articles of agreement by these presents last before mentioned and set downe and for by reason or in consideration of the said two last recited Covenants or Articles or either of them not performed and kept by the said I.R. and R.R. or either of them according to the tenour and true meaning of the same The then and from thenceforth and in such case that is to wit immediately from and after and upon the true payment of the said summe of 100l so by him the said I.R. his c to him the said R.W. his c. had and made as is aforesaid he the said I.R. his c. shall stand and be clearly acquitted and discharged against him the said R.W. his c. of and from the said two Covenants and Articles last above mentioned and of and from all manner of summes of money penalties and forfeitures due and to be due by reason of any breach or non performance of the same Covenants or Articles or any other clause or Article or thing in these presents contained to the contrary c. And also the said I.R. doth Covenant c. That he the said I.R. shall and will well and sufficiently maintaine That I.R. shall provide all things for R.R. K.W. and their issue during R.R. life provide for find keep and sustaine the said R.R. and K.W. his Wife and all the issue of their two bodies begotten from time to time and at all times immediately from and after the said marriage betweene them the said R. and K. so had and solemnized as aforesaid during the natural life of him the said I.R. with sufficient and convenient meat drink clothing lodging and all other necessaries to them belonging according to their and every of their calling Estates and degrees And further the said I.R. doth Covenant c. And that I.R. shall give unto them the sum of c. and other goods That he the said I.R. after the said marriage so had between the said R. and K. as aforesaid shall and will either in the life time of him the said I.R. or at the time of his death leave give grant devise bequeath or assure convey content and pay or cause to be truely contented and payed unto the said R.R. and K.W. or to the said K. if she happen to survive the said R. or if it happen the said K. to be then dead then to such issue Child or Children between them the said R. and K. begotten as shall then happen to be living the summe of c. at one whole and entire payment and also such and so much implement of houshold and houshold stuffe corn cattel bedding instruments tooles furniture of husbandry and other necessaries of his owne proper goods and chattels of every sort and kind as shall amount to and be of the full value of c. or more That she shall enjoy all that Messuage c during her life and after her decease then her Children or else I.R. to pay them 200l And moreover the said I.R. doth also covenant c. That she the said K. and her Assignes after the said marriage so had and solemnized during her natural life and after her decease such Child and Children as between them the said R. and K. shall fortune to be begotten during the life and lives of such Childe and Children shall and may quietly and peaceably enter into have hold occupie possesse and enjoy to her and their owne proper use and uses all and singular that Messuage or Tenement with the appurtenances situate c. now in the occupation of c. and all Houses edifices orchards gardens Lands Tenements leasowes medowes pastures feedings commons heathes and turbaries to the same belonging or appertaining or used and occupied therewith or with any part or parcel thereof immediately from and after the death and decease of the said I.R. without any let suit vexation expulsion eviction or disturbance of any person or persons whatsoever Or else that he the said I.R. his c. shall truely content and pay or cause c. unto the said K W. or her Assignes or to such Child or Children as shall fortune to be begotten between the said R. and K. and then be in full life the summe of c. within two dayes next ensuing the day of the death of the said I.R. at the free choice and election of the said K. or of such Child or Children so to be begotten and then living as it aforesaid * Provided that M. the Wife of I.R. shall enjoy the third part of the Lands till she be married Provided alwaies and neverthelesse it is the true intent and meaning of these presents and of every the parties to the same That the said R. and K. either of them and the issues of their two bodies and every of them at all times from and after the death and decease of the said I.R. shall permit and suffer M. now Wife of the said I.R. if in case she the said M. be then living and in plaine life quietly and peaceably to enter into have hold occupie possesle and enjoy the third part of the said Messuages or Tenement with the appurtenances c. so long and for and during only such time and terme as she the said M. doth or shall keep her selfe sole and unmarried and of honest report and same without interruption of disturbance Any clause or
said R.L. his Heires and Assignes for ever and to none other use purpose and intent And also that he the said R.L. shall and will permit and suffer all and singular those his Messuages Lands Tenements and Hereditaments in the County of c. which R.L. his Uncle deceased did in his life time given grant convey and assure to him the said R.L. Partie to these presents lawfully to descend come and remaine immediately after his decease to the Heires of his body by and upon the body of the said T.Y. lawfully to be begotten And that the said R.L. Partie to these presents shall not at any time hereafter make doe attempt practice knowledge suffer procure or execute any act or acts thing or things conveyance or assurance whatsoever whereby the said Lands Tenements and Hereditaments of the gift and grant of the said R.L. his late Uncle deceased or any part or parcel of the same shall or may in any wise be dis-continued bargained sold aliened transferred given granted devised or otherwise passed or conveyed away unto any other person or persons whatsoever unlesse it be to the use and behoof of the said R.L. parties to these presents and the Heir of the body of the said R. by and upon the body of the said T.Y. lawfully to be begotten or to those of him the said R.L. and the said T.Y. and of the Heir of the said R. for ever And finally the said R.L. doth covenant c. that if it shall happen the said T.Y. after the solemnization of the said marriage to have issue of her body by the said R.L. lawfully begotten and afterward to decease in the life time of the said R.L. that then he the said R. shall and will by his last Will and Testament in writing give bequeath and devise to the issue of the said R. and T. lawfully begotten as aforesaid the moity of all such goods and chattels as he the said R.L. at the time of his death shall have and be possessed of and also the moity of all such debts and duties as shall be payable and due to the said R.L. at the time of his death over and above assessements and sufficient to answer satisfie and discharge all such debts and duties as the said R.L. by any meanes shall then bona fide without fraud or collusion be indebted and bound for unto any person or persons whatsoever And if the said R.L. shall happen to die living the said T.Y. That then he the said R. shall leave and bequeath unto the said T.Y. such and so much of his goods debts and chattels his whole debts chattels and goods severed and divided into four parts and the charge of his funerall and all his debts and duties due to any others fully paid and discharged out of the same as shall amount in value to the three ful parts of the same so that the said T.Y. shall not nor may not ask claim or demand any moity of the said goods debts and chattels of the said R. then only the said three parts thereof as aforesaid In witness c. An Indenture of Covenants upon Marriage with special Covenants THis INDENTVRE made c. between T. G. of the one part and Sir W. M. of the other part Witnesseth That in consideration of a Marriage In consideration of a Marriage to be had by the permission of God to be had and solemnized between the said T.G. of the one part and the said Lady W. of the other part and for the great good will and affection the said T. G hath and beareth to the same Dame and also to the intent all and singular the Messuages Lands Tenements and Hereditaments with the appurtenances of the said T.G. hereafter in these presents specified shall and may come descend remaine and continue to and in the issue of the said T. G. in such sort manner and form as by these presents is hereafter expressed mentioned limited and declared It is now therefore covenanted granted condescended concluded fully by and between the said parties to these presents in manner and forme following That is to say The said T.G. for the considerations aforesaid doth Covenant promise and grant for him his Heires c. to and with the said Sir W. M. and Sir T. N. their c. by these presents That he the said T.G. before the Feast of That T.G. shall passe an estate in fee simple c. next ensuing the date hereof shall make cause or suffer to be made one good sufficient lawful and indefezible estate in fee simple to the said Sir W. M. and Sir T. N. and their Heires of and in the Mannors Messuages Habend to certain uses c. Recite les tenures par lour several nosmes To have and to hold the said Mannors Messuages Lands Tenements and Hereditaments and other the premisses with the appurtenances except before excepted to the said Sir W. M. and Sir T. N. and their Heires to the use of the said T.G. untill such time as the said marriage be had and solemnised then to the use of the said T.G. and of the said Dame S. for terme of her naturall life and after her decease to the use of the said T.G. and of the Heires males of his body upon the body of the said Dame S. lawfully begotten or to be begotten And for default or such issue to the use of the Heires of the body of the said T.G. lawfully begotten and to be begotten And for default of such issue to the use of the right Heire of the said T.G. for ever And so put downe so that the Lands be of certain value and discharged of incumbrances except Leases and for other assurance And then thus viz. And for the more security surety sure making and conveyance of all and singular the said Mannors and all other the premises with the appurtenances except before excepted to the said Dame S. for term of her life in manner and form aforesaid The said T.G. for him his c. Covenanteth c. That he the said T.G. and his Heires and the said Sir W.M. and Sir T.N. and their Heires and all and every other person and persons that now are or at any time hereafter shall stand and be seized of and in the said Mannors c. except before excepted shall stand and be thereof seized to the use of the said T.G. and D.S. after the same marriage had for term of their two naturall lives without impeachment of wast voluntary wast only excepted and to such further uses and intents as before in these presents are limited and expressed and to none other uses intents or purposes whatsoever And that all and every estate and estates assurance and assurances conveyance and conveyances in the Law whatsoever of the premisses or of any part or parcel thereof hereafter to be had and made shall be only to be said uses and intents in and by these presents before mentioned limited and declared A proviso that the
the use of c. for her Joynture and in full recompence and allowance of he Dower and immediately from and after the decease of the said D.A. to the use of him the said B.A. his Heires c. forever Provided alwaies and notwithstanding and it is the true intent and meaning of the said B.A. and of the parties to these presents that it shall and may be lawful to and for said B. A. at any time or times hereafter Aproviso that it shall be lawfull for him to make Leases for 21 years or 3 lives or under at his will and pleasure to demise grant and make any Lease or Leases for the terme of 21 yeares or under or for three lives or sewer of all singular the aforesaid Lands Tenements and Hereditaments and other the premisses with their appurtenances or of any part of parcel of the same which have most commonly been used to be demised or to farm-letten by the space of 20 years last past before the date hereof and whereof at the time of the making of any such Lease and Demise there shall not be any former lease in being and to have continuance above the term of three years or one life at the most so that the said D. A. be made party to every such Leases and Demises And so that the old accustomed rent and rents or more be or shall be reserved upon all and every the said Leases Grants and Demises so to be made of the premises or of any part thereof as is aforesaid to conitnue and be yearely payable during every of the same Leases and termes unto the said B. A. and D. and the Heires and Assignes of the said c. And so alwaies as the said Leases or Demises or any of them be not in any wise dis-punishable of wast And that then and so after the said L. H. and G. H. and their Heires and the survivor of them and his Heires shall stand and be seized of and in all and singular the said Lands Tenements and Hereditaments and other the premisses with their appurtenances and of and in any part or parcel thereof so to be demised and leased to the uses and use of all and every such person and persons to whom the premisses or any part or parcel thereof shall be demised and leased their Executors c. for and during such term and terms therein as shall be limited upon any such Lease or Leases so to be made as aforesaid So that he or they to whom any such Lease or Lease shall be made as aforesaid their Executors c. do well and truly pay or cause to be paid such the same yearly rents and payments as shall be reserved and appointed to be paid upon the making of every or any such Lease or Leases as aforesaid to the said B.A. and D. during the life of the said D. and after her decease to all and every such person and persons to whom from time to time and for the time being the immediated use estate reversion remainder or interest of and in the same or of and in any part or parcel thereof so to be demised or leased as aforesaid shall by and according to the true intent and meaning of these presents next belong revert remain and come or be after the expirations of such several Demises or Leases And shall doe and well and truly observe perform fulfil and keep all and singular the Covenants grants articles conditions and agreements contained and specified in the same Lease Leases and Demises on the tenants part to be observed performed fulfilled and kept according to the true intent and meaning of every such Lease Grant or Demise And so also and upon condition that he or they to whom any such Leases or Leases shall be made his or their Excecutors c. do not at any time or times during his or their several estate or estates of and in the premises or of and in any part or parcel thereof so to be demised or leased commit or make or wilingly or wittingly procure or assent or suffer to be committed or done any manner of wast spoil or destruction in and upon the premises or in and upon any part or parcel thereof which shall amount to the value of 10 s. without the special licence and assent of the said B.A. and D.A. or of such person or persons to whom the immediate use reversion remainder or use thereof shall for the time being be and appertain And also so that he or they to whom any such Lease or Lease shall be made of the premisses or of any part or parcel of the same as aforesaid shall and doe at all times during his or their estate or estates of and in the same well and truely content and pay or cause to be contented and paid to all and every such person or persons to whom from time to time and for the time being the immediate use estate reversion remainder in interest of and in the same shall by and according to the true meaning of these presents next belong revert remain come or be after the expiration or determination of such said several demises all manner of rents services duties and customes which either upon such several Demises or Leases so to be made as aforesaid shall be reserved or otherwise due by reason of the Lands so to be demised or leased or leased according to the true meaning purport and intent of the said several Demises or Leases thereof to be made in manner and form aforesaid A Covenant that if he doe not convey the Lands within a year then the parties seized shall be seized to her use And further the said A. B. for the considerations before in these presents expressed doth for him and his Heires Covenant c. That if he the said B.A. shall not or doe not within the said space of c. next ensuing the date of these presents well and sufficiently convey and assure all and singular the premisses with the appurtenances unto the said L.H. and G.H. and their Heires as aforesaid or shall or doe leave any part or parcel of the premisses not sufficiently conveyed and assured unto the persons aforesaid in manner and form aforesaid That then immediately from and after the end of the said one year next ensuing the date hereof as aforesaid the said B. and his Heires and all and every other person and persons that shall then stand and be seized of and in the premises or of any part or parcel thereof shall stand and be seized of and in all such and so much of the premises with the appurtenances as shall be so lest and not sufficiently conveyed as aforesaid to such and the same uses intents and purposes and with and under such conditions provisoes contingents limitations and liberties as before in these presents are mimited declared and expressed and to none other use intent or purpose In witnesse c. An Indenture of Marriage already agreed upon
estates for touching and concerning the rest and residue of the said Messuages Lands Tenements and Hereditaments cum pertinentiis whereof no use is before by these presents limited appointed or declared shall be and the person or persons c. and his or their Heires or Assignes shall stand and be thereof seized to the use and behoof of the said T.P. for and during the term of his natural life without impeachment of wast and after his decease to the use and behoof of the said T.P. for and during the terme of his natural life without impeachment of wast and after his decease to the use and behoof of the first son and the Heir of his body lawfully issuing and for default of such issue c. If it happen any of the lands aforesaid to belawfully evicted out of her possession then she is to be assured of other lands to their full value Provided alwayes and it is further Covenanted c. that if at any time after the death of the said E P T P the premisses so as aforesaid limited or appointed to or for the Joynture of the said M. or any part or parcel thereof happen by any way or means to be lawfully evicted or divested by recovery or entry or by any other lawful means out of or from the possession or seizin of the said E now Wife of the said E P her Leasee or Assignee by reason other Dower or of any Joynture or estate of the said ε at any time heretofore made or hereafter to be made That then and at all time after the said estates c. and all other assurance whatsoever at any time or times hereafter to be had made or passed in performance of any Covenants grants or articles comprized in these present Indentures shall be and shall endure and shall be construed deemed and adjudged to be and endure And the parties and persons to whom the Covenants and assurances or other assurance of the premises or any part thereof shall be made and their Heires and Assignes shall stand and be seized thereof and in so much of the premises to be chosen out and laid forth by the said M and her Assignes at her and their free liberty and pleasure as shall and may in every respect fully countervail and be equivalent to the said Lands Tenements and Hereditaments so to be evicted or devested out of her possession or seizin by the said E or her Leassee or Assignee unto the use and behoof of the said M and her Assigns for and during the natural life ony of the said E and to no other uses before in these presents specified any thing aforesaid or any thing to be contained in the said assurances estates and conveyances or any any of them to the contrary c. Provided also and it is moreover Covenanted c. That after the decease of the said E if sall and may be lawful to and for the said T at all and every time times and from time to time during his naturall life by Deed indented under his seal to demise grant set and let the said Messuages Lands and Tenements or any part or parcel theof unto any person or persons in possession and not in reversion other then and except the premise before by these presents limited and appointed for the Joynture of the said M and other then c. so as the same grants That it shall be lawful for T. after E's decease to make Leases leases or estates shall not surmount nor exceed the term number of 21 years or three lives from after the making of such Lease or Lease and so as also there shall be reserved upon every such Lease to be yearly paid during the continuance thereof such and so much yearly rents duties and services as are now paid or answered for or out of the same or more And that then the said estates c. and other assurances to be had levied suffered and made by the said E or T or either of them of the said premises to be demsed as aforesaid shall be and shall enure and the said person and persons to be to be named as aforesaid and his or their Heirs or Assigness shall stand and be seized of the premises to be demised from and after the demising or granting thereof to the use and behoof of all and every such person and persons and their Assignes to whom any such demise or demises shall be so made for and during the terme or termers for which the same shall be so demised according to the intent effect and true meaning of such demises and every of them so as the fame person or persons and his and their Executors c. severally and respectively doe and shall well and truly pay or cause c. to such person and persons for the time being as shall be in the next and immediate reversion or remainder of the same Lands and Tenements so to be demised the rents duties and services in the said several Leases to be reserved upon every fuch several daies and times in their said Leases next after the same shall be due and payable and reasonably demanded by him or them in the next and immediate reversion or remainder thereof and doe performe in convenient time after request in that behalfe to be made all Covenants and grants in the same Lease Leases or grants to be contained and to be performed on his or their parts and behalfs shall not wittingly or willingly commit or suffer any wast above the value of c. in any one Tenement so to be demised or letten And from and after such Demises or Leases to be had and made and as they severally end and determine to such further use and uses and in such sort manner and form as are before in these presents limited mentioned and declared for and touching the same any matter or thing ut supra Provided also and it is likewise Covenanted c. that after the decease of the said E P it shall be lawfull to and for the said T P at all times and from time to time during his life by writing indented under seal to grant That it shall be lawfull for T. after E's decease to make his other wives Joyntures convey appoint or assure the said Messuage and Tenement cum pertinenti is commonly called c. and the Lards Demeasnes thereunto belonging or therewith used or occupied for or unto the use of such woman or women as the said T P sahll hereafter marry or espouse for and during her or their life or lives and no longer for and in the name of a Joynture and not dis-punishable of waft reserving therefore yearly the annual rent of c. to be yearly paid during the continuance of the same estate or otherwise by writing indented under seal from time to time at his liberty and pleasure to demise grant and set the same capital Messuage or Tenement and the Lands and
Demeasnes thereunto belonging or otherwise used or occupied unto any person or persons in possession and not of nor in reversion for the term of c. or under from the day of the date of such writing indented Yeilding and reserving therefore yearly the annual rent of c. to be yearly paid during the continuance of such Lease And that from and after such grants conveyance assurance demise or setting so as aforesaid made or passed the said estates c. before in these presents mentioned to be made and passed shall be for and touching the said capital Messuage and Tenement called c. and the Lands and Demeasnes thereunto belonging or otherwise used or occupied And the said person and persons c. and his or their Heirs and Assigns shall stand and be thereof seized to the use and behoof of the same woman or women or Leasse or Leasees for and during the said term of c. or under so as the woman or women Leassee or Leassees do and will yearly during the continuance of their estates or term content satisfie and pay the annual rents reserved by or upon the said writings indented according to the effect and true meaning thereof unto him or them to whom the immediate reversion or remainder of the said capital Messuage or Tenement and the Lands and Demeasnes thereunto belonging or therewith occupied or used shall by and according to the true meaning of these presents for the time being belong and appertain and that for and touching the reversion or remainder of the same capitall Messuage or Tenement and the Lands and Demeasnes thereunto belonging or therewith occupied or used expectant upon such estate for life or years the said estates c. shall be And the said person and persons c. and his or their Heirs and Assigns shall stand and be thereof seized to such other uses behoofs and purposes and in such fort manner and form and of and in such form and of in such estate and use of inheritance and of such person and persons as are before in these presents appointed named and declared for or touching the same any thing in these presents contained c. ut supra Provided alwaies and it is granted That it shall be lawfull for him to make annuities c. That is shall and may be lawfull to and for the said E P at any time during his life by writing under seal and by matter of record to grant convey appoint or assure unto the said E P his Son for and during the term of his naturall life and no longer one annuity or rent-charge not exceeding 22l at the most to commence from and after the decease of the said E P and to be issuing and going forth and distrainable in from and out of the said Messuages Lands and Tenements or any part or parcell thereof other then the said Lands and Tenements before appointed for the Joynture of the said M and that but during life onely and no longer as to the said E during his life shall be thought meet and convenient And that from and after such grant appointment conveyance and assurance of such annuity or yearly rent of the said estates c. covenanted by these presents to be made shall be for and touching such of the said Lands and Tenements as shall be so charged And the said person or persons c. and his or their Heirs and Assigns shall stand and be seized of and in the said Lands and Tenements so charged to the intent trust and use that the said E D shall have take perceive receive distrain for and enjoy the said annuity or yearly rent-charge according to the true meaning of the said grant appointment or assurance to be thereof as aforesaid made without fraud or covin And yet neverthelesse the same Lands and Tenements being made subject and chargeable to or for such annuity or yearly rent as are before by these presents appointed declared or expressed for and touching the same any thing in these presents c. Provided also c. for liberty to T P to grant annuity for every his younger sons by marriage for life not exceeding 6l a piece And whereas the said I L hath conveyed and assured unto the said E P and his Heirs expresse the Lands and whereas the said E P hath entred into Bond unto the said I L with condition that in case the said I his Executors Administrators and Assigns should pay unto the said E P his Heirs c. the sum of c. in the porch of c. at the Feast of c. in the same Bond contained That then he the said E P or his Heirs shall convey and re-sure the same Lands and Tenements back again unto the said I L and his Heirs for ever as by the same Bond and condition thereof made more at large appeareth It is now provided granted c. that if the said I L his Heirs c at any of the said Feasts in the condition of the said Bond mentioned or the said E P his Heirs c. within c. next after any of the said Feasts do or shall content or pay unto the said T P or the heir of his body upon the body of the said M lawfully to be begotten or in default of such issue to the Executors or Assigns of the same T P the sum of c. That then and from thenceforth all and singular the uses before specified in these presents be they present contingent or future for and touching the same Lands and Tenements which were conveyed and assured unto the said E P by the said I L as aforesaid shall utterly cease determine and be utterly void to all intents and purposes And that then and at all times after the sad estates c. for and touching the said Lands and Tenements shall be And the said person or persons c. or his or their Heirs and Assignes shall stand and be thereof seized to the use and behoof of the said I. and his heirs for ever And that then and from thenceforth the same Lands and Tenements nor any part nor parcel thereof shall not be subject nor lyable nor the estate thereof alter or change to or for any other use intent purpose or behoof these presents or any thing c. And the said E P and T P do by these presents covenant c. That the said E P and T P. their Heirs That E. P. and T. P. shal acquit and discharge as well M. as also the Lands c. or some of them shall and will at all times from and after the marriage had and solemnized between the said T P and M G well and sufficiently acquit exonerate and discharge or otherwise from time to time upon reasonable notice and request full and sufficiently save and keep harmlesse as well the said M G and her Assignes and their said Sons and Heirs of their two bodies lawfully issuing As also all and
A Proviso that all informations exhibited in the E. and Upper Bench shall be to the only use of R R against any person in such a Town c. and it is agreed c. That in case it shal happen the said R R to exhibite any information against any person or persons dwelling in c. in any Court or Courts except it be sued in the E. the Crown Office or the Upper Bench That then all the benefit and commodity with all such sum and sums of mony as shall come arise or grow by reason of every such information or informations which shall be so sued in the said Town of c. and not elsewhere at the proper costs and charges of the said R R shal be wholly imployed to the proper use of the said R and his Assignes any thing c. Moreover it is covenanted c. the Covenant for Survivorship In witnesse c. A Defeazance upon a Judgement THis INDENTVRE made c. between c. Witnesseth That whereas the said T W hath one recovery or judgement against the said H G in the Court of Upper Bench for 100 l debt 4 l. costs of suit as by the Records in the said Court of Upper Bench in Michaelmas Term last past before the date hereof it doth and may appear Neverthelesse it is agreed between the said Parties and the said T W doth for himself his Executors and Administrators Covenant promise and grant to and with the said H G his Executors and Administrators by these presents If the said H G his Executors Administrators or Assignes or any of them shall and do well and truly pay or cause to be paid unto the said T W his c. the full sum of c. at the now dwelling house of c. on the c. That then the said T W. his Executors Administrators or Assignes shall and will at the proper costs and charges of the said H G his Executors Administrators or Essignes acknowledg satisfaction upon Record of the said recovery or judgment of a 100 l. debt and 4 l. costs of suit Covenant upon satisfaction to seal a Release as aforesaid And the said H G doth Covenant c. That he the said H G. his Executors or Administrators shall and will presently upon satisfaction acknowledged as aforesaid make seal and as his Deed deliver to the use of the said T W his Executors or Administrators a release of errours for or concerning the recovery or judgement aforesaid In witnesse whereof the said Humfrey Gother c. An Indenture of Bargain and Sale of Manors Lands c. Demised by fourth parts to the Grantor and others penn'd by Will. Noy Esquire THis INDENTVRE made c. Betweene c. Whereas Sir Henry Harrington by his Indenture of demise under his hand and Seal for the considerations therein mentioned hath demised granted and to farm letten unto G W of c. the said T G by the name of T G of c. R G of c. R M c. and B W of c. All those the Manors Townes Villages and Hamlets lying and being within the Lordship Countrey Territory or Circuit of Land called or known by the name of c. now being in the County of Wicklow and sometimes being in the County of Dublin and lying in the Country called the Birnes Country that is to say the Manors Recital Townes Villages or Hamlets called by the name of c. or by what other name or names the same be called or knowne by and also all the said Lordship Countrey Territory and Circuit of Land called or knowne by the name of c. in the said County of Wicklow and in the said County of Dublin or in either of them And also all and singular Manors Messuages Grants Cottages Mills Castles Fortillages Lands Tenements Meadowes Feedings Pastures Moors Heathes Groves Woods Underwoods Free-warren Mines and Minerals of what kind soever Markets Faires Tolls Court-leets view of Franks pledge Customes Wards Marriages Reliefs Rents Reversions Services Priviledges Jurisdictions Profits Commodities Advantages Emoluments and all other Hereditaments whatsoever within the said Lordship Countrey Territory and Circuit of Land called c. or to the said Manors Townes or Castles Messuages Lands Tenements and Hereditaments and all other the above recited premises and every or any of them belonging or in any wise appertaining or with them or any of them at any time heretofore used or enjoyed accepted reputed taken knowne or esteemed as part parcel member or appertinent of or to them or any of them and the Reversion and Reversions remainder and remainders of all and singular the premises and every part and parcel thereof Habendum To have and to hold one quarter and full fourth part of all and singular the said Lordship Country Territory and Circuit of Land called c. and of the said Manors Townes Villages Lands Tenements and Hereditaments and of all and singular other the premises above mentioned to be demised granted and to Farme letten in and by the said recited Indenture of Lease into four parts to be divided unto the said G W his c. from the Feast of c. last past before the date of the said recited Indenture of Lease unto the end and term of c. from thence next ensuing fully to be complete and ended without impeachment of or for any manner of waste And one other quarter or full fourth part of all and singular the said Lordship Countrey Territory and Circuit of Land called c. and of the said Manors Towns Villages Lands Tenements Hereditaments and of all and singular other the premises above mentioned to be demised granted and to Farm letten in and by the said recited Indenture of Lease into four parts to be divided unto the said T G his c. from the Feast of c. last past before the date of the said recited Indenture of Lease unto the end and terme of c. thence next ensuing fully to be complete and ended without impeachment of or for any manner of waste and one other quarter or full fourth part of c. ut supra And whereas also the said Sir H H for the consideration in the said Indenture mentioned hath for him his c. given granted bargained and sold unto the said G W T G R G R M. and B W their c. All and singular trees timber trees woods underwoods whatsoever now standing or growing or which at any time hereafter during the said term of c. shal stand and grow in and upon the premises before mentioned to bee demised granted and to farm letten in and by the said Indenture of Lease and in and upon any part or parcel thereof in manner and form following That is to say one fourth or quarter part of all and singular the said trees timber-trees woods and underwoods unto the said G W his c. without impeachment of any manner of waste to the
his Executors and Administrators respectively doth Covenant and grant to and with the other of them his Executors and Administrators by these presents in manner and forme following viz. That if they the said H T. and H H. or either of them or the c. of them or either of them shall at any time hereafter be minded to demise let set or otherwise do or put away their whole estates of their severall parts of the said piece or parcel of ground to them above severally allotted or any part thereof That then he or they of them his or their c. being so minded to put away his or their parts of the said piece or parcel of ground so allotted to them or either of them as aforesaid shall or will give notice in writing of such his determination to the other of them his c. to the intent that the other of them his c. may have the refusall thereof before any other Giving or paying unto him or them that shall be so minded as aforesaid so much lawfull English money as any other will bona fide give or pay for the same In witnesse c. An Assignment of a Lease of Lands made by the c. which were seized for a Debt due to c. by Obligation Penn'd by William Noy Esquire THis INDENTVRE made c. between c. Witnesseth That whereas c. by Letters-Patents with the advice of his Councell W. Baron of c. and Sir W M. Knight Chancellour of the Court of Exchequer at Westminster and the Barons of the same Court. Hath amongst other things Demised Grant granted and to farm let unto the said A B. two Messuages or Tenements and divers Lands Meadows and pastures with the appurtenances set lying and being in c. within the Connty of c. upon the yearly rent of c. parcell of the Lands Tenements and Possessions of one E F of c. with the appurtenances lately seized into the hands of c. by F G. Esquire then Sheriff of the same County the fourteenth day of c. for the Debt of c. which the said E F. yet standeth indebted unto c. in the aforesaid sum as by his Obligation Dated c. may appear Except Exception and alwayes reserved out of the said Grant and Demise unto c. all great timber-trees woods underwoods mines and quarries of the premises Habend To have and to hold all those the said two Messuages or Tenements and other the premises with all and singular their appurtenances in c. aforesaid except before excepted to the said A B. his c. from the Day of the Date of c. for and during so long time as the same shall remain and be in the hands of Reddend c. Yeilding and paying yearly for the said two Messuages or Tenements and other the premises with their appurtenances unto c. the full and whole summe of c. at the Feasts of c. at the receipt of the Exchequer at Westminster or to the hands of the Sheriffes of the said County for the time being by even and equal portions As by the said Letters-patents bearing Date at Westminster c. may appear This Indenture now further witnesseth Consideration that the said A B. for and in consideration as well of c. as also for divers and sundry causes and considerations him thereunto especially moving Grant Hath bargained sold assigned and set over and by these present Indentures doth c unto the said C D. his Executors c. all and singular the said premises and all the estate term right title interest and demand which he the said A B hath may might should or of right ought to have of in or to the said two Messuages or Tenements and other the premises with their appurtenances of the ●●●●ments and other the premises with their appurtenances of the said E F in and by the said Letters Patents demised and granted or mentioned to be demised and granted to the said A B as is aforesaid in as large and ample manner and form as the said A B now hath and enjoyeth or may have and enjoy the premises by force or in respect of the said Letters Patents to him granted Habend To have and to hold the said two Messuages or Tenements and other the premises with their appurtenances and all the said estate right title terme interest and demand of the said A B in and to the same unto the said C D his c. to his and their owne onely use and behoof from the day of the date of these presents as amply in all respects and for so long time as the said A B hath might should or ought to enjoy the same by vertue of the said Letters Patents or otherwise And the said A B c. covenanteth c. to and with the said C D his c. by these presents That all and singular the said two Messuages or Tenements and other the premises now be and at all times from henceforth shall continue remaine and be during all the continuance force and effect of the said Letters Patents to the said C D his c. and every of them clearly acquitted discharged and sufficiently saved harmless of and from all former bargains sales gifts grants leases forfeitures charges and incombrances at any time heretofore had made or done or hereafter to be had made or done by the said A B or by any other by from or under his term estate title interest means or procurement since the date of the said Letters Patents And also the said C D c. doth covenant A Covenant to save harmlesse from all rents hereafter to grow due all other duties and demands c. to and with the said A B c. the he the said C D his c. and every of them shal and wil at all time and times hereafter and from time to time as well discharge save and keep the said A B his c. against c. of and from all and all manner of rent and rents hereafter to grow due and payable As also of and from all and all manner of other debts duties and demands hereafter to grow thereby due and paiable for and on the part and behalf of the said A B his c. in and about the said demised premises or any part or parcel thereof in these presents mentioned bargained sold granted or demised unto the said C D or his Assignes Provided alwayes and neverthelesse the said C D for himself A Proviso that if the mony be paid at the day then this Assignment bargaine and sale to be void his c. doth covenant c. to and with the said A B his c. by these presents That if the said A B his c. or any of them do well and truly satisfie content and pay or cause to be satisfied contented and paid unto the said
C D his c. within Graies-Inne-hall c. the said summe of c. at and upon c. next ensuing the date hereof between the hours of c. next ensuing the date hereof between the hours of c in the afternoone of the same day That then upon the full and true payment of all the said summe of c. the said A B his c. shall have again to him and them re-delivered the said Indenture of Lease with all the whole estate right title and interest of and in the premises and in as full force without any incumbrance made by the said C D as the same now is the day of the date hereof And that then and from thenceforth this present grant assignment bargaine and sale shall be to all purposes in the law clearly void and of none effect any thing before mentioned in these presents to the contrary c. * A Covenant that A B at the request of C D shal shew forth and deliver to any person or persons in all every place and places for the further perfect defending of the said demise grant and sale And the said A B for himselfe c. doth further covenant c to and with the said C D his Executors c. by these presents That upon reasonable request at all times hereafter shall and will shew and deliver forth the said Letters Patents to all person and persons in all and every place and places as the said C D his c. or any of them shall reasonably desire or require the said A B his c. or any of them A Covenant that if C D shal sell or assigne the premises for more than the summe to the said A B before hand paid that all such summs so received shall he paid to the said A B. for the further perfect defending of the said demise grant and sale of the premises made by the said A B to the said C D and his Assignes And it is further covenanted condescended concluded and agreed by and between the said parties to these presents That if the said C D shall before c. sell assigne and convey away the premises herein demised for more then the said summe of c. to the said A B before hand paid that all and every such summe and summes of money so taken and received above the said summe of c. by the said C D shall be answered and paid to the said A B his c. any thing herein contained c. * A Covenant that if the demised premises or any part thereof within the space of c. next ensuing with all charges be paid unto C D to be evicted from the possession of the said C D. And if the money due unto c. shal be satisfied by reason whereof the possession of C D be avoyded then the said A B shal pay the said C D the said summe And it is also covenanted concluded and agreed by and betweene the said parties to these presents That if it shall happen the afore demised premises or any part or parcel thereof at any time hereafter within the space of c. next ensuing the date hereof and before the said c. with all charges be fully contented and paid unto the said C D his c. to be evicted from the possession of the said C D or his Assignes Or if it shall fortune that the said money due unto c. shall be within the said time satisfied and paid by reason whereof the possession of the said C D and his Assignes be avoided and defeated that then the said A B shal satisfie content and pay unto the said C D the said sum of c any covenant article clause or agreement to the contrary notwithstanding In witnesse c. An Indenture where c. by Letters Patents to I C of certain Lands for term of three lives and afterwards by another Letter Patent demised the same to J C in reversion now the said J C selleth his interest by this Indenture Penn'd by learned Counce● THis INDENTVRE made c. between c. Witnesseth That whereas c. by Letters Patents under the Great Seal of England bearing date at Westm ' c. for considerations in the said Letters Patents mentioned Demise Hath demised granted and to Farm letten unto the said A B amongst other things in the said Letters Patents mentioned All those Messuages Lands and Tenements with all their appurtenances situate Recital lying and being in c. parcel of the Manor of c. to the late dissolved Priory of c. sometime belonging to the Dutchy of Cornwal now annexed and which to the said I C and M his wife and to C C and their Assignes by Letters Patents bearing date c. for terme of their lives and for the yearly rent of c. is demised and granted Except notwithstanding alwayes out of the same grant and alwayes reserved all great trees Habend woods underwoods mines and quarries of the premises To have and to hold all the aforesaid Messuages or Tenements with the appurtenances except before excepted unto the said A B his c. after the death of the said I C M his wife and C C longer living or other determination of their Estates unto the end of the term and during the term of c. from thence next ensuing c. Yeilding and paying therefore yearly from thence Reddend to c. the said yearly rent of c. in such manner and forme as in and by the said Letters Patents thereof amongst other things made as aforesaid unto the said A B. whereunto relation Consideration c. Now this Indenture further witnesseth that the said A B for the consideration of c. hath bargained sold given granted aliened assigned and set over and by these presents doth fully and absolutely bargain c. unto the said I C and to his Assigns as wel all and singular the said Messuages Lands and Tenements with the appurtenances so by the Letters Patents formerly demised and granted unto the said I M and C except before excepted as also all and singular the right estate title interest reversion property claim term of years and demand whatsoever of the said A B of in and to the same To have and to hold all and singular the said Messuages Habend Lands and Tenements with the appurtenances aforesaid except before excepted and all and singular the right estate title interest reversion property claime terme of yeares and demand whatsoever of the said A B of in and to the same unto the said I C his c. from the day of the decease of the longer liver of them the said I M and C or from any other determination of their estates for during and unto the end and terme of c. in and by the said Letters Patents granted as aforesaid And the said A B. c. Covenanteth A Covenant
T P upon the first breach of any part of the same by his or their means assent consent or procurement the yearly rent aforesaid and all and singular the Covenants in the same Letters patents contained which on the part and behalf of the Leassee or Farmor of the premises shall be henceforth due and performed And one Indenture of Lease dated c. of five Messuages or Tenements adjoyning together parcel of the same premises then or late in the several tenures or occupations of c. with certain dales and hills of Lands thereunto adjoyning one other parcel of ground late also in the tenure of c. containing by estimation c. or thereabouts and a Lyme kiln thereupon erected for the term of c. commencing from the Feast of St. Michael c. next ensuing the date of the same Indenture of Lease whereupon the yearly rent of c is reserved and one other Indenture of Lease made unto I H of c. dated c. of the Easternmost of the said two Water-mils called c. and the Oatmeal mil over the same and certain Rooms Lands and other things therein particularly named for the term of c. commencing from c. wherupon the yearly rent of c. is reserved All which rents which shall from and after the first breach of any part of the same proviso continue due and payable unto the said T P his c. only excepted and fore-prized * Proviso that if R B shall truly perform the aforesaid promise then this present Indenture of bargaine and sale to be void and the Letters patents shall be re-delivered by the said T P to R B. Provided alwayes and it is neverthelesse covenanted granted and agreed upon by and between the same parties and the said T P for him c. doth covenant c. to and with the said R B his c. by these presents in manner and form following that is to say That if the said R B his c. do and shall wel and truly perform the aforesaid promise according to the tenor and true meaning of these presents That then and from thenceforth that is to say from and after the day wherein the same promise shal be fully performed this present Indenture of bargain and sale shal be void and of none effect And that then also or at any time hereafter upon the reasonable request of the said R B his c. to be unto him the said T P his c. in that behalf made the said Letters patents and conveyances shal be re-delivered unto the said R his c. safe and uncancelled and without alteration of the property thereof or of the premises thereby demised or any part thereof in the mean space to be done by the said T P his c. in any wise and the counter-part of the these presents to be cancelled † Covenant that the said R B shall receive the profits of the premises until breach shall be made in the promise aforesaid And further that it shal and may be lawful to and for the said R B his c. to have and enjoy all and singular the premises by the same Letters patents demised and the rents and profits thereof to his and their own use to receive and take during and until some breach or default shal be made of or in the promise aforesaid without any let or trouble of the said T P his c. any thing before in these presents contained c. And furthermore that upon due performance of the promise above mentioned they the said C and M their c. shall make enseal and as their Deed deliver unto the said R B and unto E his wife late the Wife and Administratrix of the above named I S one acquittance of the mony goods and chattels to her due * Also agreed that upon payment of 100 l. and the Marriage also solemnized that the● all Writings and Assurances by the said R B or by the said I H and S P. or either of them concerning the premises shall be delivered to the said R B and his heirs for ever without any incombrance And finally that upon payment of the said sum of c. on or before c. according to the same promise such marriage as is before mentioned being then in the meane time solemnized or the payment of the said sum of 100 l. on or before c. according to the promise abovesaid such marriage being during the said time unsolemnized That then and from thenceforth all Writings Conveyances and Assurances by the said R B his c. or by the said I H or S P or either of them their or either of their c. touching the premises or any thing thereto incident shal be delivered to the said R his c. and shall be and enure to the only use and benefit of the said R his c. for ever without any incombrance to be had made or done by the said C and M or either of them or the heirs of the said C or any of them in any wise In witnesse c. Bargain and Sale of Tythes for three years Penned by William Noy Esquire The Grant THis INDENTVRE made c. Betweene c. Witnesseth That for the consideration hereafter mentioned the said R W hath given granted bargained and sold and by these presents doth clearly give c. unto the said I W all that his three years Tyths of corn and grain The sorts of Graine viz c. name the corn belonging to the said Parsonage growing renuing arising or being within the said Parish of B. and all the tytheable places of the same Parish in such and as large and ample manner and form as they have been usually heretofore paid to the said Parson except and reserved to the said Parson all the straw coming of all the wheat and rye and also all the tythes of those parcels of ground hereafter particularly mentioned and recited viz name the ground c. * A Covenant that the said tythe corn shall be enjoyed without the let or hindrance of any Person or Persons and have haife the Barne to use call'd the Great barne next the tythe barn for terme of three years if the Parson shall so long live And the said Parson for him c. doth covenant c. to and with the said I W his c. in form following viz. That he the said I W his c. shall and may lawfully have take gather receive and for ever enjoy all the said tythe Corn before given and granted except before excepted without any lawful let eviction recovery or interruption of any person or persons whatsoever if the said Parson shall live until the said tythe corn except before excepted shall or conveniently may be gotten into the Barne And that he the said I his c. shall and may have the free and peaceale use and occupation of all the whole
c. Butcher parcel of his Mansion-house or Tenement called c. Recital of all the promises That is to say one Kitchen three lower Chambers or Rooms two upper Chambers or Lofts in the East end of the said Mansion-house one Hop-yard one Barn-yard one Kitchin-yard half the Garden as the same is now enclosed and all the Lands Meadowes and Pasture-grounds to the said Mansion-house or Tenement belonging as the same were then in the tenure or occupation of the said H. And also the Herbage and Feeding of one little Wood parcel of or belonging to the said Tenement containing by estimation one acre Except all timber-trees woods and under-woods to the said I.L. to cut fell and carry away at all times at his pleasure or thereabouts Except and alwaies unto the said I.L. his c. reserved all the timber-trees grosse trees woods and underwoods growing or to be growing in or upon the said demised premises or in or upon any part or parcel thereof with free ingresse c. into and from the said premises and into and from every part and parcel thereof to fell cut down and carry away the said timber-trees c. at all times and from time to time during the said Demise And except and unto the said I.L. his Also one room in the Kitchen reserved to the said I. L. to brew and bake in and to lay Wood. c. reserved as well sufficient room in the said Kitchen to brew and to bake as also sufficient and convenient room in the said Kitchen-yard to lay such wood and other fewel there as he or they shall have occasion to use and spend at the said Mansion-house with free ingresse c. unto him and them and their Servants to do their said necessary businesse there from time to time during the said term To have and to hold all the said premises Habendum with the appurtenances except before excepted unto the said H. S. his c. from the Feast of c. next ensuing the date of the same Indenture of Lease unto the end and term of c. from thence c. Whereupon such yearly rent is reserved Rent reserved as by the Indenture Consideration as in and by the same recited Indenture of Lease is expressed Now this Indenture further witnesseth That the said I.L. for and in consideration of the hearty good will natural zeal and Fatherly affection which he beareth unto and towards the said I. his Daughter and also of the entire good will which he beareth towards the said VV. A. and for divers other good causes and considerations him especially moving The recital of the premises with the yearly rent reserved Hath bargained c. and by these presents doth c. unto the said I.L. and VV.A. the counterpart of the said recited Indenture of Lease sealed with the seal of the said H.S. and delivered as his Deed and they yearly rent thereby reserved for the rent of the premises thereby demised and every part and parcel thereof due and to be due and all the profits commodities and advantages to him the said I.L. or his Assigns accrewing or to accrew by reason of the said Indenture of Lease or any thing therein contained and all the right estate c. of him the said I.L. of in and to the same and every or any part or parcel thereof Habend To have and to hold the same yearly rent by the same Indenture reserved and the counterpart of the same recited Indenture of Lease as the same is and shall grow due and all other the premises with the appurtenances and every part and parcel thereof and all the right c. ut supra unto the said I.L. and VV.A. their Executors c. from the day of the date hereof forthwards during all until the full end expiration and accomplishment or the whole residue yet to come and unexpired of the said term of c. by the said Indenture of Lease granted Consideration Demise of the premises aforesaid And the said I.L. for the consideration aforesaid Hath demised c. and by these presents doth demise c. unto the said I.L. and VV. A. All that the same Mansion-house or Tenement called c. with all Cellers Sollers Chambers Rooms Lights Easements Profits Commondities Yards Back-sides Barnes Gardens Orchard Hoppe-yard Lands Meadowes and Pasture-grounds in the said former Indenture of Lease mentioned and also the Herbage and Feeding of the said little Wood above-mentioned and also free ingresse c. into and from the same premises and every part and parcel thereof by the wayes and passages thereto and from the same now and heretofore used and accustomed To have and to hold the said Mansion-house or Tenement with all Cellers c. unto the said I.L. and VV.A. their Executors c. in as large ample and beneficial manner and form to all intents constructions and purposes as the said I. L. or his Assigns at any time heretofore held and enjoyed the same premises or any part thereof from the day wherein the same Lease above recited shall expire extinguish determine or otherwise grow void untill the end and term of c. from thence next ensuing and fully to be compleat ended * Reddendum to be paid The first payment at the same Feast that shall first happen to come after the expiration or determination of the said recited Indenture Yielding and paying c. The first payment whereof to begin and to be made in which of the same Feast-daies shall first or next happen to come or be after the expiration extinguishment or determination of the said recited Indenture of Lease made from the said I.L. unto the said H.S. as aforesaid And upon default of non-payment of the rent to enter and distrain and carry away the same And if it happen the said yearly rent c. That then and at all times after it shal and may be lawful to and for the said I. L his c. into and upon all and singular the same demised premises with the appurtenances to enter and distrain and the distresse and distresses there so taken to lead drive and carry away and the same with him and them to detain and keep untill the said yearly rent of Convenant to attorne Tenant to I. and W. for the premises for the term to come and unexpired c. with the arrearages of the same if any be shall be unto the said I.L. his c. fully and truly contented and paid And the said I.L. for himself his c. doth Covenant c. to and with the said I.L. and VV. A. and either of them their and either of their Executors c. by these presents That the now Holders and Occupiers of the premises abovesaid shall and will by or before the Feast-day of c. next coming after the date hereof attorn and become Tenant unto the said I. and W. their c. of and
the said A. B. whatsoever whereof the said A. B. hath or may have possession or occupation in the Parish of S. or else within the said County of C. c. Hath given granted and confirmed and by these presents doth for him and his Heires fully freely and absolutely give grant and confirm unto the said A.R. one Annuity or yearly Rent-charge of fifty pounds of good and lawful money of England to be going issuing and payable out of all and singular that the Manour and Lordship of S. in the said County of C. with the rights members and appurtenances thereof And out of all and singular Manours Messuages Lands Tenements Meadowes Feedings Pastures Woods Under-woods Copy-holds Rents Reversions Services and other Hereditaments whatsoever to the said Manor or Lordship belonging or appertaining or together with the same had holden occupied used demised letten or enjoyed or reputed taken or known as part parcel or member of the said Mauour or Lordship set lying and being within the Parish of S. aforesaid or elsewhere within the said County of C. And out of all other the Manours Lordships Messuages Lands Tenements and Hereditaments whatsoever of him the said A. B. or whereof the said A. B. hath or may have the possession or occupation lying and being within the Parish Village Hamlets Territories or Fields of S. aforesaid or elsewhere within the said County of C. To have hold receive Habend to A.R. to receive and take the said annuity of 50 l. per ann during her l●fe to be paid at the four most usuall Feasts in the year by even and equall portions Clause of distresse At such dai●● and places limited for payment thereof perceive take and enjoy the said Annuity or yearly Rent-charge of fifty pounds and every part and parcel thereof unto the said A.R. and her Assignes from the Day of the Date of these presents for and during the natural life of the said A. R. the same to be yearly paid at or within the common Dyning Hall of the Middle-Temple near Fleet street London at the four most usual Feasts or Terms in the year that is to say at the Feasts of the Annunciation of our blessed Lady the Virgin Ma●y c. or within ten dayes next after every of the said Feasts by even and equal portions And that it shall and may be lawful to and for the said A.R. for and during her natural life into the said Manour or Lordship of S. Messuages Lands Tenements and into all other the premises or into any part thereof to enter and distrain for the said yearly rent of fifty pounds and the Arrearages thereof if any shall happen to be behind and unpaid and the Distresse and Distresses there so had and taken to take drive carry away and impound and in pound to detain and keep untill the said A. R. and her Assignes and every of them shall be of the said Annuity or yearly Rent of fiffty pounds and of the Arrearages thereof and of all damages losses and expences sustained by non-payment thereof fully contented and paid And the said A.B. doth for himself his Heires Executors Administrators and Assignes and for every of them covenant grant and agree to and with the said A.R. her Executors and Assigns and to and with every of them by these presents In case the said Annuity or Rent-charge happen to be behind and unpaid then a nomine paenae and a distresse for that also That if it shall happen the said Annuity or yearly Rent-charge of fifty pounds at any time or times hereafter during the life of the said A.R. to be behind and unpaid in part or in all after any of the said daies of payment in or at which the same ought to be paid as aforesaid That then the said A.B. Heires Executors Administrators and Assigns shall and will forfeit lose and pay unto the said A.R. and her Assignes the sum of twenty shillings of lawful money of England nomine paenae for every day that the same or any part thereof shall happen to be behind and unpaid after the dayes of payment above limited And then also and so often it shall and may be lawful to and for the said A. R. and her Assignes into the said Manour or Lordship and into all and singular other the premises with their appurtenances Nomine paena of 20 s. and the Arrearages thereof if any happen to be forfeited and the Distresse Distresses to drive and take away and keep untill the nomine paenae and the Arrearages be fully satisfied and paid and into every or any part or parcel thereof to enter and distrain for the said nomine paena of twenty shillings and the Arrearages thereof if any shall happen to be forfeited and unpaid and the Distresse and Distresses there had and taken to take drive carry and bear away and the same to impound and in pound to detain and keep untill the said A.R. and her Assignes of the sum of twenty shillings so to be forfeited Nomine paenae toties quoties and of all Arrearages of the same and of all such damages losses and expences as the said A. R. shall or may bear or sustain thereby shall be fully satisfied contented and paid * Covenant that the Grantor is seized in Fee without any remainder or reversion in the c of an absolute and indefeisable estate And the said A.B. doth for himself his Heires Executors Administrators and Assignes Covenant grant and agree to and with the said A.R. her Executors Administrators and Assigns and to and with every of them by these presents That he the said A.B. the Day of the Date of these presents is the lawful and true Owner of the premises and of every part thereof and is lawfully seized in his Demesne as of Fee-simple of and in the same to the use of him the said A. B. his Heires and Assigns for ever without any remainder or reversion in c. and without any use condition proviso or limitation to alter change revoke or determine the same Covenant that the Land is of such a value hesides charges c. And further That the said Manour of Lordship and other the premises with their appurtenances now are and so shall continue and remain during the natural life of the said A.R. of the clear yearly value of one hundred and fourty pounds by the year over and above all charges and reprises And that the Land shall be overt c. to the Distresse And that the said premises and every part thereof are and shall be from time to time during the natural life of the said A. R. overt and liable to the Distresse and Distresses of the said A. R. so the said annuity or yearly Rent-charge of fifty pounds and the said Nomine paenae if the same or any part thereof shall hereafter happen to be behind and unpaid at the dayes time and place above-limited for the payment thereof Covenant to pay
Lands Tenements Rents Reyersions Services and Hereditaments with their and every of their appurtenances of or in R. or elsewhere in the County of S. now or late being or reputed the freehold and inheritance of the said Sir W. B. And of or in all and singular Messuages Houses Edifices Buildings Barnes Stables Orchards Gardens Farms Lands Tenements Meadowes Pastures Feedings Woods Underwoods Rents Reversions Services Royalties and Hereditaments whatsoever with all and singular their and every of their appurtenances in R. aforesaid or elsewhere in the said County of S. of or in which the said VV. B. now hath any estate of inheritance And of or in all and singular Rents and yearly profits reserved due or payable out of or for the premises and every o● any part or parcel thereof And of or in the reversion and reversions remainder and remainders of the premises and of every part and parcel thereof shall and will stand and be seized thereof and of and in every part and parcel thereof to the uses intents and purposes hereafter mentioned ⋆ That is to say to the use and behoof of the said Sir W. B. and his Heires untill the said Marriage had and solemnized between the said H.B. and A. then to the use of H.B. for and during his natural life without impeachment of wast and after his decease theu to the use of A. for term of her natural life And from and after the decease of the Survivor of them the said H. and A. then to the use of the Heires males of the body of H. S. on the body of A. lawfully begotten and for default of such issue then to the use and behoof of the Heires males of the said ‑ H. B. lawfully begotten and for default of such issue to the use and behoof of the said Sir W. B. for and during his natural life and after his decease to the use and b●hoof of R. B. second Son of Sir W. B. and of the Heires of the said R. lawfully begotten and for default of such issue then to the use and behoof of the right Heires of the said W. B. for ever That is to say to the use and behood of the said Sir W. B. and of his Heires untill the said Marriage shall be had and solemnized between the said H. B. and the said A.S. and from and after the said Marriage had and solemnized between the said H.B. and the said A. then to the use and behoof of the said H.B. and of 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 behood of the said Ann● and of her Assigns for and during the term of her natural life and from and after the decease of the Survivor of them the said H. and A. then to the use and behoof of the Heires males of the body of the said H.B. on the body of the said A. lawfully to be begotten and for default of such issue then to the use and behood of the Heires males of the body of the said H.B. lawfully to be begotten and for default of such issue then to the use and behoof of the said Sir W.B. and of his Assigns for and during the term of his natural life and after his decease then to the use and behoof of R. B. second Son of the said Sir VV B. and of the Heires males of the body of the said R. lawfully to be begotten and for default of such isse then to the use and behoof of the right Heires of the said Sir VV. B. for ever Covenant that the Lands are discharged c. or shall be saved ●●armel ●●●e from all inca●●brances And the said Sir VV. B. for himself his Heires Executors and Administrators and for every of them doth by these presents Covenant promise and grant to and with the said N. S. his Heires Executors and Administrators and every o● th●m That the said Manour c. and all and singular other the premises with their apputenances before mentioned now are and be and so at all times hereafter and from timo to time shall be remain and continue unto the uses intents or purposes before in or by these presents limited expressed or declared free and clear and freely and clearly acquitted exonerated and discharged or othetwise well and sufficiently saved and kept harmelesle of and from all and all manner of Bargaines Sales Gifts Grants Leases Joyntures Dowers Ules Wills Intailes Fines Feoffements Recoveries Statutes Merchant and of the Staple Recognizances Judgements Executions and of and from all other charges titles troubles and encumbrances whatsoever be or shall be had made committed or done by the said Sir VV. B. or by any other Person or Persons by his means Excepeing certain Leases c. made by c. the true Copies of Counterparts wherof are now delivered by Sir W. B. to N. S. consent or procurement All such Leases estates and interests as the said Sir VV. B. hath heretofore made or caused or suffered to be made to any Person or Persons of or concerning all and singular the said Manours Capital Messuages or Farmes Lands Tenements Hereditaments and other the premises or any part or parcel of them by any Deeds Indentures or Writings the true Copies or Coanterparts wherof be now delivered by the said Sir VV. B. unto the said N. S. onely exceptd and foreprized * The usuall Covenant for further assurance with every such further lawful reasonable act and acts thing and things device and devices in the Law whatsoever for the more perfect and better assurance of the said Manours c. to remain to such uses intents and purposes as are before in the presents limited And also that he the said Sir VV. B. and his Heires shall and will at all times hereafter and from time to time at and upon the reasonable requests and costs and charges of the said N. S. his Heires or Assigus doe make knowledge execute and suffer to be made and done all and every such further lawful and reasonable act and acts thing and things device and devices in the Law whatsoever for the further more better and perfect assurance sure making and conveying of the said Manours c. and of every part and Parcel therof to be and remain to such uses limitations intents and purposes as are therof before in or by these presents limited declared or appointed Be it be Recovery or Recoveries with one or more Voucher or Vouchers over Fine or Fines with or without Proclamations Feoffment or Feoffements or by any other waies or means whatsoever as by the said N. S. his Heires or Assigns or by his or their Councel learned in the Law shall be reasonably devised advised required ¶ In witnesse whereof to one part of these present Indentures remaining with the said N. S. the said Sir W. B. H. B. and A. S. have set their hands
and behoof of the third Son of the body of the said Sir W. B. upon the body of the said L. M. lawfully begotten or to be begotten and of the Heirs males of the body of the said third Son lawfully to be begotten And for default of such issue then to the use and behoof of all and every other Son and Sons of the body of the said Sir W. B. upon the body of the said La. M. lawfully to be begotten successively and in order one after the other as they shall succeed and be in seniority or of age and of the Heirs males of the several bodies of all and every such other Son and Sons lawfully to be begotten And for default of all and every such Son or issue male then to the use and behoof of the Heirs females of the body of the said Sir W. B. upon the body of the said La. M. lawfully begotten or to be begotten And for default of such issue then to the use and behoof of the Heirs males of the body of the said Sir W. B. lawfully to be begotten And for default of such issue then to the use and behoof of the right Heirs of the said La. M. for ever And for and concerning the rest residue of the said Manours of D. and other the Messuages Lands Tenements Hereditaments and premises with the appurtenances in the said County of B. whereof no use or uses are limited declared or appointed from and after the decease of the said Sir W. B. and La. M. and of the Survivor of them shall be adjudged deemed and taken to be seized of the rest and residue of the said Manour of D. aforesaid to the uses hereafter mentioned to the use of the said H. B. and of the Heirs males of his body on the body of A. lawfully begotten and for default of such issue then to the use of the Heirs males of the body of H. B. lawfully begotten and for default of such issue to the use of R. B. second Son of Sir W. B. and so for default to the third Son and of the Heirs of the third Son lawfully begotten and for default of such issue then to the use of all and every Son as in the former is expressed And of for and concerning all and singular the rest and residue of the said Manour of D. and other the Messuages Lands Tenements and Hereditamenes and premises with the appurtenances in the said County of B. whereof no use or uses is or are before in or by these presents limited declated or appointed from and after the decease of the said W. B. and La. M. and of the Survivor of them That then the said Recovery and the execution thereupon to be had and executed shall be and shall be adjudged deemed and taken to be and the Recoverers and every of them and their and every of their Heirs shall and will from and after the decease of the Survivor of the said Sir W. B. and La. M. stand and be seized and be adjudged deemed and taken to be seized of the rest and residue of the said Manour and premises in D. aforesaid and of every of them to the uses intents and purposes hereafter mentioned that is to say To the use and behoof of the said H. B. and of the Heirs males of the body of the said H. B. on the body of the said A. lawfully to be begotten And for default of such issue then to the use and behoof of the Heirs males of the body of the said H. B. lawfully to be begotten And for default of such issue then to the use and behoof of the said R. B. the second Son of the said Sir VV. B. and of the Heirs males of his body lawfully to be begotten And for default of such issue then to the use and behoof of the third Son of the body of the said Sir W. B. upon the body of the said La. M. lawfully to be begotten and of the Heirs males of the said third Son lawfully to be begotten And for default of such issue then to the use and behoof of all and every other Son and Sons of the body of the said Sir VV. c. as in the former And the said Sir VV. B. for himself his Heirs The said Sr. W. B. for the considerations aforesaid doth further Covenant for him his c. to and with the said N. S. his c. that he the said Sir W. B. and his Heirs and every other Person and Persons and their Heirs now standing or being seized or hereafter shall-stand and be seized in all those Messuages Tenements or farms lands and hereditaments of J. H. and H. in the County of M. whereof Sir W. B. now hath any estate of inheritance and of and in all lands c. whatsoever to them or any of them belonging or in any wise appertaining And of and in the Reversion or Reversions Remainder or remainders of the same shall and will from time to time and at all times hereafter stand and be seized thereof and of every part therof to the uses intents and purposes hereafter declareds Executors and Administrators and for every of them doth for the considerations aforesaid further covenant promise and grane by these presents to and with the said N. S. his Heirs Executors and Administrators and every of them that he the said Sir VV. B and his Heirs and all and every other Person and Persons and their Heirs now standing or being seized or which at any time hereafter shall stand or be seized of or in all these Messuages Tenements or Farmes Lands Tenements and Hereditamonts in J. H. and H. in the said County of M. whereof or wherein the said Sir VV. B. now hath any estate of inheritance and of and in all lands meadowes pastures feedings commons woods under woods rents and hereditaments wharsoever to them or any of them belonging or in any wife appertaining or now or late used occupied or enjoyed to or with the same serveral Messuages or Tenements or any of them as part parcel or member of the or any of them And of and in the Reversion and Reversions remainder and remainders of the same or any of them shall and will from time to time and at all rimes hereafter stand and be seized thereof and of every part and parcel thereof to the uses intents and purposes hereaster in and by these presents limited To the oncly use and behoof of the said Sir W. B. and his Assignes for term of his life without impeachment of waste and after his decease to the use of the said La. M. his Wife and her Assings for her I se in full saltisfaction and recompence of her Joyn ture and Dower of and in all the Monours Lands Tenements and Hereditaments of the said Sir W. B her Husband and from and after the decease of the said La. M. and after the said Marriage solemnized between R. B. and A. S. then
D. aforesaid as is limited or appointed to or for the Joynture of the said A. or of any part or parcel thereof to any Person or Persons for any term or term of years not exceeding the term of one and twenty years to take effect immediately from the making of such Lease or Leases Demise or Demises So as upon such Leases as much rent the reserved as the Land is worth So as upon every such Lease or Leases so as is aforesaid to be made such and so much yearly rent or rents or more shall be reserved for every parcel or parcels of the premises so to be demised as is mentioned or expressed in a Writing indented bearing date with these presents to one part whereof the said Sir W. B. hath set his hand and seal and to the other part whereof the said N. S. hath set his hand seal the said premises so meant or intended to be demised be rated and valued at to be yearly worth And also that it shall and may be lawful to and for the said Sir W. B. and La. M. his Wife at all and every time and times hereafter during the term of their natural lives when and as often as it shall please them by any Writing or Writings by them to be sealed and subscribed in the presence of three or more sufficient Witnesses to make any Lease or Leases Demise or Demises of so much of the said Manour of D. and other the said Lands Tenements Hereditaments and premises in D. I. H. and H. aforesaid as are not limited or appointed to or for the Joynture of the said A. Covenant that the Recoverees and Recoverers shall stand seized to the use of such Leases to any Person or Persons c. as in the former last Proviso And for the further and better fortification surety and sure making of all and every the said Lease and Leases Demise and Demises to be had and made according to the true meaning of these presents It is further provided and fully Covenanted granted concluded and agreed by and between the said Parties to these presents and every of them That at all times from and after the said Lease and Lease Demise and Domises so to be had and made as it aforesaid the said Recovery and Recoveries before mentioned shal be and shall be adjudged esteemed and taken to be And the said Recoveries and their Heirs and all and every other Person and Persons and their Heires then standing or being seized or which at any time from thenceforth shall stand or be seized of or in so much of the said Manour and premises as shall so happen from time to time to be Leased or Demised in manner and form and according to the true meaning of these presents shall from thenceforth stand and be seized thereof and of every part and parced thereof to the use and uses of all and every such Person and Persons to whom any such Lease or Leases Demise or Demises shall be so had or made their Executors Administrators Assigns for and during the continuance of all and every the said Lease and Leases Demise and Demises and that in all things arccording to the true intent and meaning of all and every the said Lease and Leases Demise and Demises so long as the said Leasee and Leasees So long at the rent shall be paid Demisee and Demisees their Executors and Assigns shall and do well and truly satisfie and pay the rents reserved in and by the said Lease or Leases And after the expiration of such Leases then to the uses limited by this Deed. Demise or Demises And from and after the expiration of all and every the same Lease and Leases Demise and Demises to be had and made as aforesaid and as they shall severally end and determine Then and from thenceforth to such further use and uses purposes and intents as be thereof before in these presents expressed and declared and as by the true intent and meaning of these presents they should or ought to have done if no such Lease and Leases Demise or Demises had been thereof at any time had or make any matter or thing herein contained to the contrary thereof in any wise notwithstanding The usual Covenant to free from incumbrances And the said Sir W. B. for himself his Heires Executors and Administrators and for every of them doth by these presents Covenant promise and grant to and with the said N. S. his Heires Executors and Administrators and every of them that the said Manours Capital Messuages or Farms Lands Tenements Rents Reversions Services Heredicaments and all and singular other the premises with the appurtenances now are and be and so at all times hereafter and from tine to time shall be remain and continue unto the uses intents and purposes before in and by these presents limited expressed or declared free and clear and freely and clearly acquitted exonerated and discharged or otherwise sufficiently saved and kept harmlesse of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Joyntures Dowers Uses Wills Intailes Fines Feoffements Recoveries Statutes Merchant and of the Staple Recognizances Judgments Executions and of and from all other charges titles troubles and incumbrances whatsoever had made Excepting certain Leases c. made by c. committed or done by the said Sir W. B. or by any other Person or Persons by his meanes confent or procurements all such Leases Estates Interests as he the said Sir W. B. hath heretofore made to any Person or Persons of or upon the said Manours Messuages Farmes Lands Tenements Hereditaments and other the premises or of or upon any part or parcel of them upon which Leases there is reserved the old and accustomed yearly rent or rents or more which shall continue yearly due and payable according to such limitations and appointments as are thereof before in or by these presents expressed or declared onely excepted and foreprized And also The usual Covenant for further assurance that he the said Sir W. B. the said La. M. his Wife and the said H. B. and every of them their and every of their Heires shall and will at all times hereafter and form time to time during the space of c. now next ensuing at and upon the reasonable request and costs and charges in the Law of the said N. S. his Heires or Assignes do make knowledge excecute and suffer to be made and done all and every such further lawful and reasonable act and acts thing and things device and devices in the Law whatsoever for the further clearer more perfect and better assurance sure making and coveying of the said Manour Capital Messuages or Farmes Lands Tenements Here ditaments and other the premises and of every part and parcel thereof to be and remain to such uses limitations intents and purposes as thereof before in or by these presents limited expressed declared or appointed be it by Recovery
or Recoveries with one or more Voucher or Vouchers over Fine or Fines with or without Proclamations Feoffment or Feoffments or by any other waies or means whatsoever as by the said N. S. his Heires or Assigns or by his or their Councel learned in the Law shall be reasonably devised or advised and required so as the estates and uses hereby limited appointed and intended to and for the said Sir W. B. and La. M. be not thereby forfeited impeached determined impaired or incumbred ¶ In witnesse whereof to one pair of these present Indenoures remaining with the said Nicholas S. the said Sir W. B. Lady M. his VVife H.B. Sir H.M. W.G. R.B. W.G. F.I. G.S. and S.M. have set their hands and seals To one other pair of these same Indentures remainin with the said Sir H.M. W.G. R.B. W.G. and F.I. the said Sir W.B. Lady M. his Wife H.B. N.S. G.S. and S.M. have set their hands and seales To one other pair of the same Indentures remaining with the said G.S. and S.M. the said Sir W.B. Lady M. his VVife H.B. N.S. Sir H.M. W.G. R.B. W.G. and F.I. have set their hands and seales And to one other pair of Indentures remaining with the said Sir W.B. Lady M. his Wife and H.B. the said N.S. Sir H.M. W.G. R.B. W.G. F.I. G.S. and S.M. have set their hands and seals Given the day and year first above written c. ¶ An Indenture of Covenants to levy a Fine and for the payment of an Annuity c. THis INDENTVRE tripartite made c. Between I. C. of B. in the County of S. Esquire and Dame W. his Wife of the first part VV. B. Son and Heir apparent of the said Dame W. and K. his Wife of the second part and W. Q. of c. L. D. and R. W. of the third part Witnesseth † A Covenant to levy a Fine before the Feast of Easter next coming at the costs and charges of W. B. and as shall be devised or advised by the Councel learned in the Law of the said I. C. and W. B. acknowledge and levy unto the said W. Q. L. D. and R. U. one fine sur conusance de droit c. of all that Lordship and Manour of L. with the appurtenances in the County of W. and all Houses Buildings Meadowes Pastures c. and all other the premises in these presents mentioned That it is covenanted and agreed by and between the said Parties to these presents and each of them for him and themselves and every of them their and every of their Heires Executors and Administrators do Covenanr and grant to and with the other of them their and either of their Heires Executors and Administrators in manner and form following That is to say That they the said I. C. Dame W. W.B. and K. before the Feast of Easter now next coming shall and will at the costs and charges of the said VV. B. and as shall be reasonably devised or adsived by the Councel learned in the Law of the said I. C. and W. B. acknowledge and levy unto the said W. Q. L.D. and R.W. one Fine sur conusance de droit cum ceo que il a de son done Of all that the Lordship and Manour of L. with the appurtenances in the County of Worcester and of all Houses Buildings Lands Tenements Meadowes Leasowes Pastures Commons Woods Under-woods Waters Fishings Rents Reversions Services and Hereditaments whatsoever in the said County of W. to the said Lordship and Manour or to either of them belonging or appertaining or accepted used or reputed as part parcel or belonging to the same And of all such other Messuages Lands Tenements Reversions Services and Hereditaments whatsoever of the said I. C. and Dame W. or of either of them with the appurtenances scituate lying and being within the Towns Parishes The Fine so to be levied shall be and the said W.Q. L.D. and R.W. their Heirs c. by force thereof stand seized to the uses intents and purposes hereafter expressed Hamlets or Fields of L. aforesaid which sometimes were the inheritance of Sir T.L. Knight Father of the said Dame VV. and of Dame A. his Wife or either of them Which Fine so to be had and levied or in what manner or form soever the same shall be had and levied shall be and the said W.Q. L.D. and R.W. their Heires and Assignes shall by force thereof stand and be seized of the said Lordship and all other the premises to the uses intents and purposes and upon condition and limitation hereafter in these presents limited expressed and declared That is to say To the intent that such a one shall have such a rent First to the intent and purpose that the same Dame W. and her Assignes shall and may yearly during her natural life lawfully and peaceably have perceive and take out of the said Lordship and Manour and all other the premises one annual rent of c. of lawful English money at two Dayes of Feasts of the year that is to say at the Feasts of c. by even and equal portions to be paid yearly during the life of the said Dame VV. by the said W. B. his Heires Executors Administrators or Assigns in manner and form aforesaid at or in the Middle-Temple-Hall near Fleet-street London And further And to the intent and upon condition that if the rent be behind and unpaid by c. then to re-enter to the intent use and purpose and upon condition That if it shall happen the said yearly rent or any part thereof to be behind or unpaid at the place of payment aforesaid by the space of fourscore and ten dayes next after any of the said dayes of payment That then it shall and may be lawful to and for the said Dame W. and her Assignes into the said Lordship and Manour and all other the premises to re-enter and the same to have and hold for the term of her life as in her now present and former estate and right And to and for that purpose it is agreed by and between all the said Parties to these presents And after such default in payment the said Fine to be to such uses for them their Heires and Assignes that after such default of payment the said Fine shall be and shall be deemed and taken to be to the use of the said Dame VV. and her Assignes for the term of her life without impeachment of or for any manner of waste and in as large beneficial sort and manner as the said I.C. and Dame W. and as in right of the same Dame VV. now have or ought to have and hold the same the said Fine or any other matter or thing in these presents to the contrary in any wife notwithstanding And it is moreover agreed by and between all the said Parties to these presents for them their Heires and Assigns that the said Fine shall be to the further use intent and purpose that
Year first above writen ¶ An Indenture of Covenants to levy a Fine THis INDENTVRE made c. Between P.Y. of B. in the County of S. Yeoman and K. his Wife of the one part and J.Y. of B. aforesaid Father of the said P.Y. and R.N. of C. in the said County of S. Gent. of the other part Witnesseth That it is Covenanted granted concluded and fully agreed on by and between the said Parties to these presents And the said P.Y. for himself and for the said K. and for their Heires and for every of them doth Covenant P. and K. and their Heires and the Survivor of them covenant for the levying of a Fine before the Feast of S. Joh● Baptist next ensuing at the proper costs and charges of the said P.Y. to be pursued with Proclamation according to the form of the Statute in that behalf made provided unto them the said J.Y. and R.N. of all the Lands Tenements and Hereditaments of the said P. and K. and either of them scituate in the Townes Villages and Hamlets of M. K. and W. or in any or either of them in the County of S. by the name of the moyety of seven Messuages seven Gardens c. promise and grant to and with said I. Y. and R. N. their Executors and Administrators and every of them by these presents That they the said P. and K. and their Heires or the Survivor of them and his or her Heirs shall and will before the Feast of Saint John Baptist next ensuing the Date hereof at the proper costs and charges of the said P.Y. in due form of Law levy and acknowledge one Fine to be pursued with Proclamations according to the form of the Statute in that behalf made and provided unto them the said F.Y. and R.N. of all the Lands Tenements and Hereditaments of them the said P. and K. and either of them scituate lying or being rising growing renewing or coming out of in or within the Townes Villages Parishes Fields Precincts Liberties and Hamlets of M.K. and VV. or in any or either of them in the said County of S. By the name of the Moyety of seven Messuages seven Gardens seven Orchards and of one hundred and fourscore Acres of Land thirty Acres of Meadow fourty Acres of Pasture and of Common of Pasture for all Beasts with the appurtenances in M.K. and VV. in the said County of S. or by such other name or names as by the Councel learned in the Law of the said I.Y. and R.N. shall be devised advised and required By which Fine they the said P.Y. and K. shall acknowledge the said moyety of the said seven Messuages c. in M.K. and W. aforesaid to be the right of the said I.Y. as those which the said I. and R. then had of the gift of them the said P. and K. and the same moyety and Common of Pasture aforesaid by the said Fine shall remise release and quit claim from them the said P. and K. and their Heires unto them the said I.Y. and R.N. and to the Heires of the said I.Y. for ever By which Fine the said P. Y. and K. shall acknowledge the said moyety of the said seven Messuages to be the right of the said I.Y. and his Heirs for ever And further they the said P.Y. and K. shall by the said Fine grant for them the said P.K. and their Heires of the said P.K. to warrant to them the said I.Y. and R.N. and to the Heires of the foresaid I.Y. the moyety of the Tenement aforesaid and Common of Pasture aforesaid with the appurtenances against them the said P. and K. and the Heires of the said P. for evermore Which said Fine so to be levied had and acknowledged in manner and form as is aforesaid or in any other manner or form And all and every other Fine and Fines of the premises or of any part of parcel thereof to be levied or acknowledged by or between the Parties aforesaid or either of them before the said Feast day of Saint John Baptist now next ensuing shall be And all and every other Fines or Fine acknowledged by and between the Parties aforesaid shall be deemed adjudged and construed to be to the uses hereafter mentioned that is to the onely benefit and behoof of the said P.Y. and K. 〈◊〉 V●●fe and of their Heires and Assigns ser ever and shall be deemed adjudged expounded and const●ued to be to such onely uses intents and purposes as are and be hereafter in and by these presents mentioned limited and expressed that is to say to the onely benefit and behoof of the said P.Y. and of the said K. his Wife and of the Heires and Assignes of the said P. for ever and to none other use behoofs or purposes whatsoever ¶ In witnesse whereof the Parties abovesaid to these present Indentures interchangeably have either to other set their hands and seales even the day and year first above written ¶ Covenant to levy a Fine to settle by way of Intail with divers Covenants upon Marriage THis INDENTVRE tripartite made Sir G.G. drawn by Sir Tho. H. In consideration of a Marriage to be solemnized between R.H. and K.G. c. Between Sir G.G. Knight on the first part T.H. of H. in the County of L. Esquire of the second part and Sir R.M. of S. in the said County of L. Knight and W.H. of H. in the said County of L. Esquire on the third part VVitnesseth That for and in consideration of a Marriage by Gods help to be solemnized and had between R.H. Son and Heir apparent of the said T.H. and K.G. one of the Daughters of the said Sir G.G. Knight It is Covenanted granted concluded condescended and fully agreed by and between all the said Parties to these presents in manner and form following † Covenanted and agreed by and between the said Parties That the faid R.H. shall before the Feasts of c. next ensuing the Date hereof marry and take to Wife K.G. if she the said K. will thereunto consent and agree And first the said T.H. for himself his Heires Executors and Administrators doth Covenant grant and fully agree to and with the said Sir G.G. Knight his Heires Executors and Administrators by these presents That the said R.H. Son and Heir apparent of the said T.H. shall before the Feast of Saint Michael the Archangel next ensuing the Date hereof by Gods permission marry and take to Wife the said K.G. if she the said K. will thereunto consent and agree and the Lawes of the holy Church the same will permit and suffer * And the like Covenant that K.G. shall before the Feast of c. next ensuing the Date hereof take marry to her Husband the said R.H. if he the said R.H. thereunto consent And in like manner the said Sir G.G. Knight for himself his Heires Executors and Administrators doth Covenant grant and fully agree to and with the said T.H. his Heires Executors
other conveyance to any Person or devise for such time as they might have taken of the profits such sums of mony not exceeding 500 l. yearly to be taken as shall suffice without fraud c to pay such just debts or payments as he shall owe not exceeding 500 l. yearly And further also that it shall and may in like manner be lawful to and for the said T. H. the Father Party to these pressents by his Deed or Deeds in writing in his life time or otherwise by his last Will and Testament in writing to give will devise limit appoint or lease the said Capital Messuage c. and every or any part thereof to begin from and after the decease of the said T. H. Party to these presents and any part or parcel of the residue of the said Manours c. whereof the said Fine or Fines or either of them is before in and by these presents Covenanted or mentioned as aforesaid to be levied as aforesaid or any part or parcel of the premises chargeable as aforesaid other then the said Manour of H. c. as in the last Covenant to any Person or Persons whatsoever and to his or their Heires or otherwise for and during such term or time and untill such time onely as such Person or Persons to whom any such gift devise limitation appointment or Lease shall be made as aforesaid their Executors Administrators or Assignes shall or may or otherwise might have levied raised had perceived or taken of the rents issues revenues and profits thereof such sum and sums of money not exceeding the sum of 500 l. yearly to be taken as shall and may suffice without any fraud covin or collusion to satisfie and pay all such just and lawful debts and sums of money as the said T. H. the Father the day of his decease shall without fraud or covin owe or otherwise be indebted unto any Person or Persons whatsoever not exceeding the sum of 500 l. as aforesaid And likewise also Power to give by Will or Deed or to Lease the lands of which the Fine is to be levied except c. not exceeding the ancient rent and value yearly of 50 l. for the raising of such sums for Daughters portions that it shall and may be lawful to and for the said T. H. the Father in like manner by his last Will and Testament or otherwise by his Deed or Deeds in writing in his life-time to give will devise limit appoint or Lease the said Manors Lands Tenements c. and other the premises whereof the said Fine and Fines or either of them is before in and by these presents covenanted or mentioned to be levied as aforesaid or any part or parcel of the said premises chargeable as aforesaid other then the Domain Lands of H. c. appointed and limited to be charged to and for the payment of the said yearly rent of 200 l. to the said K. not exceeding the ancient yearly rent and value of 50 l. for the levying of the sums hereafter mentioned yearly to be taken thereof to any Person or Persons whatsoever and his or their Heires or otherwise so long and for and during such term and time and untill such time onely as the said Person and Persons to whom any such gift devise limitation appointment or Lease shall be made as aforesaid their or any of their Heires or Assigns shall or may or otherwise might have levied raised had perceived or taken of the rents issues revenues and profits thereof such sum and sums of money as shall and may extend amount unto and suffice without fraud covin or collusion to content satisfie and pay as well unto Ka. H. Daughter of the said T. H. the Father the sum of 1000 l. of current English money or so much thereof as the said T. H. by his writing sealed and delivered in his life-time or by his last Will and Testament in writing shall limit assign or appoint to for or in consideration of the marriage of the said the K. H. As also unto M. H. one other of the Daughters of the said T. H. the sum of 1000 l. of current English money c. And likewise also such other sum and sums of money as shall and may suffice over and above the payments of the said several summes of 2000 l. aforesaid to be paid to the said K. and M. as aforesaid to content satisfie and pay unto every other Daughter and Daughters of the said T. H. the Father of his body lawfully begotten or to be begotten which at the time of the death of the said T. H. the Father shall be in full life and not preferred in marriage the full whole and just sum of 500 l. apiece of good and lawful money of England any thing before mentioned to the contrary thereof in any wise notwithstanding † Covenant that such part of the Land as is liable to the payment of c. shall be chargeable to the distresses of c. And the said T. H. doth covenant and grant for him his Heires Executors Administrators and Assignes to and with the said Sir G.G. Knight his Heirs Executors Admistrators and Assigns by these presents That the said Manours Messuages Lands Tenements Hereditaments and premises of or out of which the said sum of 200 l. is before assigned limited or appointed to be had levied or taken by the said K.G. as aforesaid or so much thereof as shall or may be sufficient to bear answer and pay yearly the said summe of 200 l. shall be and continue liable and chargeable to and for the Distresse and Distresses of the said K. during her life according to the true intent of these presents And that the said Lands out of which are not nor shall not be incumbred But tha notwithstanding such incumbrances the Land shall be of sufficent value besides the charges to answer the same And that he the said T.H. heretofore hath not charged or incumbred the same Lands Tenements and Hereditaments before mentioned to be charged with the said Rent or sum of 200 l. nor hereafter shall charge or incumber the same But that notwithstanding any such charge or incumbrance the same shall or may continue and after the deceases of the said T.H. and R. H. for and during the life of the said K. sufficient and of sufficient value over and besides all charges to bear pay and answer yearly to the said K. during her life the said summe of 200 l. and the arrearages thereof and the said summe of c. appointed for a penalty as aforesaid and the arrearages thereof if any shall happen Provided likewise and it is further Covenanted granted concluded and fully agreed by and between the said Parties to these presents And neverthelesse the said T.H. the Father for himself his Heires Executors Administrators and Assigns doth covenant and grant to and with the said Sir G.G. Knight his Executors Administrators and Assigns and to and with every
of them by these presents That the said Fine and Fines to be levied of the said Manors c. with the appurtenances or any part thereof shall be And that the said Sir R. M. Knight and W. H. and their Heires shall stand and be seized of and in the moyety or one half of all the Messuages Lands Tenements and Hereditaments of the said T.H. in the Parish of A. c. being of the yearly value of 120 l. over and above all yearly charges and reprises and for such use and uses to and for such intent and purpose That if the said R. after the said marriage had and solemnized between him and the said K. shall fortune to die during the life of the said T.H. the Father and then to have Issue one or moe Daughters of his body lawfully begotten upon the body of the said K. then being in full life and not before that time preferred in Marriage and then also that if after the death of the said T. H. the Father the Heirs males of the body of the said R. H. and every such other Person and Persons to whom the next and immediate possession or remainder of the said premises shall next and immediately from time to time appertain and belong or some of them shall not nor do not well and truly content satisfie and pay unto such Daughter and Daughters of the said R. H. so to be living and unpreferred as aforesaid and unto every of them the whole and just sum of 400 l. apiece of good and lawful money of England for and towards their preferment in marriage as aforesaid after the rate of 60 l. yearly at the Feasts of c. by even and equal portions at or in c. That then from and after such default of payment thereof had and made in manner and form aforesaid they the said Sir R. M. Knight and W.H. and their Heirs as also all other Persons that shall be seized of the said last recited premises shall stand and be seized of the said last recited premises with the appurtenances and of every part a parcel thereof untill such time as the said Sir R. M. Knight and W. H. and their Heirs shall or may have received levied raised had or taken of the Rents Issues Revenues and profits thereof to the use of such Daughter or Daughters so not preferred in marriage as aforesaid such sum and sums of money as shall and may suffice and amount to pay unto such said Daughter and Daughters of the said R. H. and unto every of them the said sum and sums of 400 l. apiece for and towards their preferment in marriage and otherwise as aforesaid And after the levying of the said several sum and sums of mony before in these presents mentioned to be levied of the Rents Revenues or profits of any parts of the premises in manner and form aforesaid Then to such uses intents and purposes and to the use of such Person and Persons and for such title estate ad estates and under such Provisoes and Conditions as in these presents are of the said premises expressed limited mentioned and declared Any thing before in these presents mentioned to the contrary thereof notwithstanding Covenant that the Fines to be levied and that the Parties to whom shall stand seized of all such Lands c. chargeable with any rent sum of money or payment or which shall be bequeathed granted leased c. to the use of such Persons c. to the intent that they may have take receive enjoy and distrain for the same according to the limitation and appointment c. And it is further covenanted granted concluded and agreed by and between the said Parties to these presents That the said Fine and Fines so to be levied and had as aforesaid shall be and that the said Sir R.M. Knight and W.H. and their Heires and the Survivor of them and his Heirs shall stand and be seized of all such Lands Tenements and Hereditaments parcel of the said premises which are in these presents limited or appointed to be charged with any rent sum of money or payment to any person or persons or which shall be hereafter bequeathed granted Leased demised or charged with any rent or payment bargained sold granted assigned or conveyed to any person or persons according to the true intent and meaning of these presents and according to the power Liberty or authority left permitted or allowed in these presents as well to the use of such Person or Persons to whom any parcell of the said premises in these presents hereafter shall be so limited appointed devised bequeathed demised leased bargained granted assigned or conveyed of such estate and for such term and time as is in these presents mentioned limited appointed or intended As also to the use and intent that every Person and Persons to whom any rent Sum of money receipt or payment before in these presents is assigned limited or appointed or to whom any Rent Sum of Money or payment shall be hereafter assigned limited or appointed according to the true intent and meaning of these presents and acording to the power liberty and authority left permitted or allowed in an by these presents shall and may have receive levy and take the same and Distrain for such Rent sum and sums of money behind and not paid according to the true intent and meaning of these presents for which any Distresse is assigned limited or appointed or intended in these presents to be taken for and during such term and time and in such sort manner and form as is mentioned limited or appointed by these presents or shall be hereafter limited assigned or appointed according to the Agreements Liberties and allowances before mentioned And to the intent also that the rents boons customs and Services to be reserved upon any Lease hereafter to be made by the said T.H. party to these presents according to the agreement Liberty or authority limited permitted or allowed to the said T.H. and of the Reversion and Reversions remainder and remainders of the Lands so to be Letten to the use of such Person and Persons to whom such Land and Tenements so Letten should or shall appertain or belong by the true intent of these presents and of such Estate and Estates as before are mentioned or intended in these presents and to the intent that such Person and Persons may Distrain for the said Rent and Services and the arrearages thereof if any be And the said T. H. Party to these presents for himself The usual Covenant that the Manours c. shall continue to the uses discharged or else saved harmlesse from all incumbrances his Heires Executors Administrators and Assigns doth covenant grant conclude and fully agree to and with the said Sir G. G. Knight his Executors Administrators and Assigns and to and with every of them by these presents That the said Manors Messuages Lands Tenements Hereditaments and all other the premises with all and
singular their appurtenances and every part and parcel thereof whereof the Fine or Fines afore by these presents is mentioned or Govenanted to be Levied by the said T. H. as aforesaid now are and at the time of the levying of the said Fine to be levied as aforesaid shall be remain and continue to the uses intents provisoes limitations conditions purposes agreements and things aforesaid free and clearly acquitted exonerated and discharged or otherwise upon reasonable request sufficienty saved and kept harmlesse of and from all and all manner of gifts grants estates Statutes Merchant and of the Staple and all other Acts and charges titles troubles and incumbrances whatsoever before the Levying of the said Fine by the said T. H. had made done or suffered one estate made to the use of A. now the Wife of the said T. H. c. And all Leases heretofore made by the said T. H. for three Lives or 21 years or under Certain former interests and estates as also some to be made excepted of Lands usually letten whereupon the accustomed Rents and Services or more are reserved and shall or may be payable during the continuance of every such Lease or Leases And the lawful Dower of A. now Wife of the said T.H. alwayes excepted and foreprized And likewise the said Sir G.G. Knight And the said Sir G.G. covenanteth for him his Heirs c. to and with the said T.H. That the said Messuages Lands and Hereditaments and all other the premises with the appurtenances whereof the said Fine or Fines c. for himself his Heirs Executors Administrators and Assignes Covenanteth and granteth to and with the said T.H. his Heires Executors Administrators and Assignes by these presents That the said Messuages Lands Tenements Hereditaments and all other the premises with all and singular their appurtenances and every part and parcel thereof whereof the said Fine or Fines afore by these presents is Covenanted or mentioned to be Levied by the said Sir G.G. Knight and Dame B. his Wife or any of them of the said Messuages Lands Tenements Hereditaments and premises in G. as aforesaid now are and at the time of the levying of the said Fine thereof and at all and every time and times thenceforth shall be remain and continue to the several uses intents purposes conditions provisoes limitations agreements and things afore in these presents expressed and declared free and clearly acquitted exonerated and discharged or otherwise upon reasonable request sufficiently saved and kept harmlesse and losselesse of and from all and all manner of gifts grants estates acts things charges and incumbrances whatsoever had made or done or to be had made or done by the said Sir G.G. Knight before the levying of the said Fine Leases made for 21 years or three lives before the 25 day of September in the Year of our Lord God c. whereupon the old and accustomed Rents Duties and Services or more is reserved and shall continue yearly payable During the continuance of every such Lease and Leases only excepted and foreprized ¶ In witnesse whereof to the first part of these Indentures remaining with the said Sir G.G. Knight the said T.H. Sir R. M. Knight and W.H. have set their hands and seales and to the second part remaining with the said T.H. the said Sir G.G. Knight Sir R.M. Knight and W.H. have set their hands and seales And likewise unto the third part remaining with the said Sir R.M. Knight and W.H. the said Sir G. G. Knight and T.H. have set their hands and Seales even the day and year first above written ¶ A Mortgage at 10 l. in the 100 l. Protempore THis INDENTVRE made c. Between Sir VV.W. of B. in the County of E. Knight of the one part And Sir I. M of C. in the County of S. Knight Sir Ed. C. of W. in the County of S. Knight and M. VV. of W. in the County of Y. Esquire of the other party Witnesseth In Consideration of 600 l. that the said Sir W.W. for and in Consideration of the sum of six hundred pounds of c. to him the said Sir W. W. by the said Sir I.M. Sir Ed. C. and M.W. in hand before the ensealing and delivery of these presents well and truly contented satisfied and paid whereof and wherewith the said Sir W.W. acknowledgeth himself fully satisfied and paid and thereof and of every part and parcel thereof doth clearly acquit exonerate and discharge the said Sir I. M. Sir Ed. C. and M. W. their Heires Executors Administrators and Assignes Grant of the Manour of Wenden with all the Houses Buildings Orchards Gardens Lands Tenements Meadowes Pastures Feedings with the Appurtenances c. and every of them by these presents Hath aliened granted bargained and sold And by these presents doth aline grant bargaine and sell unto the said Sir I.M. Sir Ed. C. and M.W. their Heirs and Assigns for ever All that the Manour or Lordship of Great Wenden alias Wenden with all the Houses Edifices Buildings Orchards Yards Gardens Lands Tenements Meadows Leasowes Pastures Feedings Woods Underwoods Rents Reversions Services Profits of Courts Liberties Royalties and Hereditaments whatsoever with the Appurtenances in Great Wenden alias Wenden N.P. L.E. A. N. and C. or in any of them in the said County of E. to the said Manour or Lordship belonging or now used or occupied with the same with all and every their Appurtenances scituate lying and being within the Parish and Fields of W. in the said County of E. To have and to hold the said Manour or Lordship called W. with the Houses Edifices and Buildings and all and every other the premises to the same belonging or now used or occupied with the same and by these presents Bargained and Sold or mentioned to be Bargained and Sold with all and every their Appurtenances unto the said Sir I. M. Sir Ed. C. and M. W. their Heires and Assignes to the only proper use and behoof of the said Sir I.M. Sir E.C. and M. W. their Heires and Assignes for ever And the said Sir VV.VV. doth Covenant for him The usuall covenant that the Bargainer for any act done or to be done by him or any one claiming under him had good right and full power to make this conveyance his Heires Executors Administrators and Assignes and for every of them to and with the said Sir I.M. Sir E.C. and M.W. their Heires Executors Administrators and Assignes and with every of them by these presents That he the said Sir VV.VV. for any act done or hereafter to be done committed or voluntarily suffered by him or any other claiming by from or under his Title or right hath good right full power and lawfull authority to grant bargain and sell the foresaid premises and every part and parcell thereof in manner as the same before in these presents are granted aliened bargained or sold The usuall Covenant that the Lands are free or shall be saved harmlesse from all
extend to any further warranty then onely against the said Sir Io. C. the elder and A. his Wife Sir D.D. and Dame M.D. his Wife Sir Tho. C. and Dame D. his Wife and their or some of their Heires and all persons lawfully claiming in by from or under them or any of them or in by from or under their or any of their Titles And the said Andrew H. for himself his Heirs Executors and Administrators and every of them doth Covenant and Grant to and with the said Sir Io. C. the elder and Sir Jo. C. the younger and either of them their and either of their Heirs Executors and Administrators by these presents Covenant that if there shall be default in payment to re-deliver the Evidences That if any default shall happen to be made by the said Andr. H. his Heires Executors or Administrators of or in the payment of the said sum of 3870 l. or any part thereof at any the dayes and times in that behalf limited mentioned or appointed in or by the Proviso or Condition before in these presents contained contrary to the Tenour and true intent and meaning thereof and of these presents That then and at all times thenceforth he the said A.H. his Heires Executors Administrators and Assigns or some of them shall and will at and upon the reasonable request or requests of the said Sir Jo. C. the younger his Heires or Assignes or any of them re-deliver or cause to be re-delivered unto the said Sir J. C. the younger his Heires Executors Administrators or Assignes or to some of them All and every such the Deeds Evidences Minuments and Writings whatsoever touching or concerning the said Manours Messuages Lands Tenements Hereditaments and Premisses or any of them as shall be by the said Sir J.C. the elder and Sir Jo. C. The younger or either of them delivered to the said A.H. his Heirs or Assigns or any of them as aforesaid whole safe uncancelled and not defaced and in such manner case and plight as the same shall be delivered by or from the said Sir J.C. the elder and Sir Jo. C. the younger or either of them their or either of their Heirs Executors Administrators or Assigns unto the said A. H. his Heires Executors or Administrators or any of them As also to reassure the Land as shall be advised And that the said A.H. his Heirs and Assignes shall and will after such default at and upon the Request Costs and Charges in the Law of the said Sir Jo. C. the younger his Heirs or Assigns do make and execute such act acts assurance and assurances for the re-assuring and conveying surety and sure making of all and singular the premises to the said Sir Jo. C. the younger his Heirs and Assigns to the sole and onely use and behoof of the said Sir Jo. C. the younger his Heirs and Assignes as by the said Sir Io. C. his Heires or Assignes shall be reasonably devised or advised So as the said A. H. his Heirs nor Assignes be not compelled to travel from the place of their abode at the time of such request made for the doing and executing of the same And so as the same include no other or further warranty then against the said A. his Heires and Assignes Covenant by the Vendee to pay a Fee-Farm Rent of c. payable to c. And A.H. for himself his Heires Executors and Administrators doth Covenant and Grant to and with the said Sir Io. Cutts his Heires Executors Administrators and Assignes and every of them That he the said A.H. his Heires or Assignes or some of them shall and will at all times and from time to time for ever hereafter pay and satisfie to c. the said Fee-Farm Rent of 57 l. 10 s. before mentioned hereafter to grow due and payable at the times therefore usual And all Quit-rents and Out-rents issuing out of all or any the premisses or due or payable for or in regard or by reason of the premises to c. as the same shall hereafter grow And in default of payment then the Vendee within 3. Moneths after notice shall pay the Arrearages and in default thereof upon like notice and request shall satisfie the Damages sustained by the Vendee for non-payment or become due and payable And in case of non payment of all or any the same arrearages on any of the said usual daies of payment then and from thenceforth respectively upon reasonable notice and request of such arrearages to be made or given to the said A. H. his Heires or Assignes by or from the said Sir Io. Cutts the younger his Heires or Assignes The said A.H. his Heirs or Assignes or some of them respectively within three Months next ensuing such notice and request shall well and truly from time to time pay all and every the same arrearages And in default thereof then and from thenceforth respectively well and truly upon like request shall and will well and truly from time to time recompence and satisfie to the said Sir Io. C. his Heires and Assignes all such damages and losses as they or any of them shall in any wise sustain by or by reason or occasion of the non-payment of the said Fee-Farm Rent or any of them as aforesaid ¶ In witnesse c. ¶ Covenants for a Fine and recovery to cut-off an Intaile THis INDENTVRE made c. Between E. B. of S. in the County of B. Esquire E. his Wife and I.C. of A. in the said County of B. Yeoman on the first part I.T. of M. in the County of N. Yeoman on the second part and E.W. of A. aforesaid Yeoman on the third part ⋆ E.B. standeth seized at the ensealing of these prefents of an estate-taile to him and his Heires males of his body with diverse remainders over c. Whereas the said E. B. at the ensealing and delivery of these presents is and standeth seized of an Estate-taile to him and the Heires males of his body with diverse remainders over of and in the said Manour Lands Tenements and Hereditaments hereafter in these presents mentioned † For and in consideration of the said estate-taile and for the setling of an absolute estate of Inheritance in Fee-simple in the said E.B. to the intent he may be inabled to make a perfect assurance to any person that shall purchase the said Manour Lands and Hereditaments c. Now witnesseth this Indenture that for and in Consideration of the barring of the Estate-taile and all the remainders thereupon depending And for the setling of an absolute estate of Inheritance in Fee-simple in the said E. B. whereby he may be enabled to make and good and perfect assurance of such person and persons and their Heires as have agreed or hereafter shall agree with him the said E.B. to purchase the said Manour Lands Tenements and Hereditaments or any part or parcell of them It is mutually and respectively concluded and fully
Timber-trees Underwoods and Hereditaments and the said estate term and interest of him the said T G of and in the same and all other the premisses by these presents mentioned to be granted bargained sold or assigned and every part and parcell thereof at the ensealing of these presents are and be and so at all times hereafter during the residue of the said term of c. by course of time now to come and unexpired shall continue and be unto the said T G his c. clear and free and clearly acquitted exonerated and discharged or by the said T G his Executors c. sufficiently saved and kept harmlesse of and from all and singular former bargains sales grants surrenders arrerages of Rents cause and causes of forfeiture and re-entry and of and from all other troubles charges and incombrances whatsoever had made committed done or wittingly suffered or assented unto by the said T G before the ensealing and delivery of these presents the yearly Rents Covenants charges and agreements in the said recited Indenture of Lease reserved or mentioned on the Leassees or Tenants part hereafter to grow due to be paid done and performed according to the purport and true meaning of the said Indenture of Lease alwayes excepted and foreprized In witnesse c. An Assignment Tythes in a very good forme THis INDENTVRE made c. Between Sir E G of c. Knight T S of c. and E B of c. of the one part and F C of c. and W B of c. of the other part Witnesseth That the said T S and E B by and with the consent and at the request of the said Sir E G and for and in consideration of a competent summe of c. to them the said T S and E B in hand at and before the ensealing and delivery of these presents by the said F C and W B well and truly paid whereof and wherewith they the said Sir E G T S and E B acknowledge themselves fully satisfied and paid and thereof and of every part and parcell thereof do clearly acquit and discharge the said F C and W B. Have granted Grant bargained and sold and by these presents for them and their Heirs do fully clearly and absolutely grant c. unto the said F C and W B their Heirs and Assigns for ever All those their Tythes of G alias C and V and in either or any of them in the County of Worcest to the late Monastery of P in the said Country of W lately dissolved sometimes belonging and appertaining and parcell of the possessions of the said late Monastery sometimes being And also all and singular houses edifices buildings barnes stables lands tenements wayes pathes passages waft commons tythes of corn grain sheaf and hay wooll lamb flax hemp and all other tythes whatsoever as well great as small oblations obventions fruits profits rents reversions services rights jurisdictions franchises priviledges commodities advantages emoluments and hereditaments whatsoever with their appurtenances whatsoever of what nature or kind soever they be or by whatsoever names they are known named or called situate lying and being comming growing or renewing within the Hamlets or fields of c. aforesaid or in either or any of them to the said tythes of C and V aforesaid or either of them or to any part or parcell thereof belonging or in any wise appertaining and the reversion and reversions remainder and remained whatsoever of all and singular the same tythes and other the premises in G c. aforesaid and of every part and parcell thereof and the Rent and yearly profits whatsoever of all and singular the same premises and of every part and parcell thereof as fully freely and wholly and in as large and ample manner and form as c. by his Letters-patents under the Great Seal of England bearing date at Westm the c. Did give and grant the said tythes and other the premises hereby mentioned meant or intended to be granted bargained and sold and every parcell thereof with the appurtenances amongst other things unto the Right Honourable G. c. H I c. T R c. their Heirs and Assignes in Fee Farme for ever and as fully freely and wholly and in as large and ample manner and form as the said G H and T by their Indenture of bargain and sale dated c. and inrolled in the high Court of Chancery did grant bargain and sell the same tythes and other the premises with the appurtenances unto the said T S and E B their Heirs and Assigns for ever Except notwithstanding Exception and out of this present grant bargain and sale alwayes reserved the Rectory of A. with the appurtenances in the said County of Worcester and all and all manner of tythes whatsoever in A aforesaid with the appurtenances heretofore granted bargained and sold by the said T S and E B unto c. their Heires and Assignes in Fee Farm for ever by Indenture Dated c. To have and to hold the said tythes of G c. Habend aforesaid and all and singular other the premises herein before mentioned meant or intended to be hereby granted bargained and sold and every part and parcell thereof with the appurtenances except before excepted unto the said F C and W B their Heirs and Assigns to the onely proper use and behoofe of them the said F C and W B their Heirs and Assignes for ever to be holden of the said c. as of the Manour of East-Green-with in the County of Kent by fealty only in free and common socage Reddend and not in chief nor by Knights service Yielding and paying yearly unto c. for the premises with the appurtenances in G. c. aforesaid in the said County of Worcest 2 s and 6 ds of c. at the receipt of the Exchequer at Westm ' or to the hands of the Bailiffs or Receivers of the premises for the time being at the Feasts of c. by even and equal portions to be paid for ever And the said c Covenant for peaceable enjoying do covenant c. to and with the said c. his c. That they the said c. their Heirs and Assigns and every of them shal or lawfully may at all times hereafter and from time to time peaceably and quietly have hold use occupy possess and enjoy the said Tythes and all other the premises with the appurtenances in G c. aforesaid and every parcel thereof except before excepted without any let trouble interruption eviction denyal or disturbance of c. their heires or Assigns or of any other person or persons lawfully claiming in by from or under him them or any of them or by his their or any of their act means consent or procurement free clear and clearly acquitted exonerated discharged saved or kept harmless of and from all former or other bargains sales gifts grants leases assignments morgages surrenders