c. That he the said H. V. his heirs and assigns shall and will permit and suffer the said A. V. and all and every other person and persons to whom the said Messuages Lands Tenements and other the premises or any part or parcel thereof shall happen to come or of right ought to come by reason of these presents peaceably and quietly to have hold occupy and enjoy all and singular the said Messuages Lands Tenements and Hereditaments before by these presents expressed and mentioned without any manner of let trouble eviction disturbance suit vexation or expulsion of the said H. V. his heirs or assigns or any other person or persons whatsoever lawfully having claiming or pretending to have any Estate or Title from by or under the said H. V. his heirs or assigns according to the intent form and true meaning of these presents In witness whereof c. A Lease of a Fee-Farm and certain Lands with necessary Covenants THis Indenture made c. between C. B. of c on the one part and T. W. of c. on the other part witnesseth That the said C. B. for divers good Causes and Considerations him thereunto especially moving Hath demised granted and to farm-letten and by these presents doth demise c. unto the said T. W. his Executors Administrators and Assigns all that his Messuage Tenement or Farm-house called W. with the appurtenances and all Houses Edifices Buildings Barns Stables Orchards Gardens Lands Tenements Meadows Feedings Pastures Profits and Commodities whatsoever to the said Messuage Tenement or Farm-house now belonging or appertaining and being now in the Tenure or Occupation of the said T. W. or of his Assignee or Assignees situate lying and being in the Parish of c. Except and alwayes reserved unto the said C. B. Exception his Executors and Assigns all and all manner of Woods Under-woods Hedges Rows and Timber-trees now standing growing and being or which hereafter shall stand grow or be in and upon the demised premises or in and upon any part or parcel thereof and also except and alwayes reserved unto the said C. B. his Executors and Assigns by the space and for the term of one whole year next before the end and expiration of the term of seven years and one half-year here-under granted the said Messuage Tenement or Farm-house and one Close or parcel of Ground called W. containing c. be it more or lesse Together with free liberty of ingresse egresse abiding and dwelling into out of from and upon the said Messuage Tenement and Farm-house and one Close called W. by and during the said space and term of c. next before the end and expiration of the said Term of c. Habend To have and to hold the said Messuage Tenement or Farm-house Houses Edefices Buildings Barns Stables Orchards Lands Meadows Feedings Pastures and other the demised premises and every part and parcel thereof except before excepted unto the said T. W. his Executors Administrators and Assigns from the Feast day of c. for and during the term of c. and fully to be compleat and ended Yielding and paying therefore yearly during the said term unto the said C. B. his Executors and Assigns the Rent of c. at four Feasts or Terms in the year most usual that is to say at Re-enter for non-payment c. by even equal portions And if it shall happen the said yearly Rent of c. or any part or parcel thereof to be behind and unpaid by the space of c. next over or after any of the said Feast-days in which the same ought to be paid being lawfully demanded That then and from thenceforth and at all times after it shall and may be lawful to and for the said C. B. his Executors Administrators and Assigns into the said Messuage Tenements or Farm-house Houses Edifices Lands Meadows Pastures and all the demised premises with the appurtenances and into every part and parcel thereof wholly to re-enter and the same to have again re-possess and enjoy as in his or their former estate And the said T. W. his Executors Administrators and Assigns and all other the Tenants and Occupiers of the said demised premises or any part or parcel thereof thereout and from thence utterly to expel amove and put out this Indenture or any thing herein contained to the contrary thereof in any wise notwithstanding And the said T. W. for himself doth covenant For Reparation c. in manner and form following That is to say that he the said T. W. his Executors Administrators and Assigns at his and their own proper Costs and Charges shall and will from time to time and at all times hereafter during the said Term of c. by these presents granted when and as often as need shall require well and sufficiently repair support sustain maintain and amend the said Messuage Tenement or Farm-house and all the Houses Edifices Buildings Barns and Stables thereunto belonging or appertaining with the appurtenances and every part and parcel thereof in by and with all and all manner of needful and necessary reparations whatsoever And also shall and will at all times hereafter and from time to time during the said term at his and their like costs and charges well and sufficiently hedge fence ditch enclose and amend all and singular the Hedges Fences Ditches and Inclosures belonging to the said demised premises in by and with all and all manner of hedging fencing ditching and enclosing when and as often as need shall require during the said term And as well the said Messuage Tenement or Farm-house Houses Edifices Buildings Barns and Stables with the appurtenances and every part and parcel thereof so well and sufficiently repaired As also the Hedges Fences Ditches and Inclosures aforesaid well and sufficiently supported and amended in the end of the said Term or other determination of this present Lease shall leave and yield up into the hands and possession of the said C. B. his Executors Administrators and Assigns And the said T. W. for himself his Executors Administrators and Assigns A Covenant for planting an Orchard doth covenant c. That he the said T. W. his Executors Administrators and Assigns shall permit and suffer the said C.B. and his Assigns to plant and make in and upon some convenient place of the demised premises one Orchard not exceeding the number of two acres of Land with such store of Fruit-Trees and other Trees as the said C. B. or his Assigns shall think meet and the same Orchard and Fruit-Trees so made and planted shall fence preserve and keep so much as in him shall be from spoil and hurt of Cattel and from all other harm and destruction And further that the said T. W. his Executors Administrators and Assigns shall at all times hereafter and from time to time during the said Term of c. find and allow unto G. B. widow A Covenant for finding Meat Drink
meaning of these presents The said Sir H. Oniel for himself his Executors Administrators and Assigns and every of them doth covenant and grant to and with the said G. R. his Executors Administrators and Assigns and every of them by these presents That the said G. R. his Executors Administrators and Assigns and every of them shall and lawfully may from time to time and all times hereafter during the said term by these presents granted peaceably and quietly have hold occupy possess and enjoy well and truly the said four Towns or Town-lands without any molestation or hinderance wrought by the said Sir H. Oniel or any claiming by from or under him and also shall and may take receive and perceive all Rents and all other profits of the said four Towns or Town-lands and all other the premises before in and by these presents granted bargained sold or to farm-letten or mentioned agreed or intended to be hereby granted bargained sold and to farm-letten and every part and parcel thereof with their and every of their appurtenances under the Rents Covenants and Agreements in these presents reserved mentioned or contained without the lawful let suit trouble eviction molestation or interruption of the said Sir H. Oniel and the Lady M. his Wife and of the Heirs or Assigns of the said Sir H. Oniel or any of them or of any other person or persons whatsoever lawfully claiming or which shall claim by from or under him her them or any of them free and clear and freely and clearly acquitted exonerated and discharged or well and sufficiently saved and kept harmless of for from touching and concerning all and all manner of former and other Gifts Grants Bargains Sales Leases Estates for years Statutes-Merchant and of the Staple Recognizances Judgments Executions Annuities Rents Charges Rents-seck and all other Charges Titles Troubles and Incumbrances whatsoever heretofore had made committed suffered done or assented unto by the said Sir H. Oniel except the yearly Rent herein before reserved In witness c. A Joynture with divers Limitations c. with a Proviso for Revocation THis Indenture made the c. between V. W. of c. Esq and F. his Wife formerly the Wife of G. A. Esq deceased of the one part And A. B. of c. Esq I. P. of c. Gent. and I. G. of c. Merchant on the other part witnesseth That the said V. W. as well for and in consideration of a Marriage heretofore had and solemnized by and between the said V. W. and the said F. his now Wife and for setling of a competent Joynture for the said F. if it shall happen to survive the said V. W. and for the setling assuring and conveying of all and singular the Mannors Lands Tenements and Hereditaments hereafter in these presents mentioned with their and every of their appurtenances in the Name and Blood of the said V. W. for so long time as it shall please Almighty God and to the several uses intents and purposes and in such manner and form as hereafter in and by these presents is expressed mentioned and declared according to and in pursuit of a certain Agreement made between the said V. W. and F. before their said inter-marriage And also for divers other good and valuable considerations him thereunto especially moving hath granted aliened infeoffed released and confirmed and by these presents doth grant alien infeoffe release and confirm unto the said A. P. J. P. and J. G. their Heirs and Assigns all that the Mannor of S. M. with all and singular the Rights Members and Appurtenances whatsoever thereunto belonging or in any wise appertaining scituate and being in the said County of H. And also all and singular the Messuages Lands Tenements Tofts Crofts Houses Edifices Buildings Barns Stables Dove-houses Mills Orchards Gardens Meadows Leasoes Pastures Closes Feedings Parks Warrens Commons Waters Fishings Ponds Pools Moors Marshes Woods Under-woods Furzes Heaths Wastes Rents Reversions Services Views of Frank-Pledge Courts Barons Perquisites and Profits of Leets and Courts Waifes Estrayes Felons Goods Goods of Fugitives and Out-laws Tythes Oblations Obventions Royalties Priviledges Jurisdictions Preheminencies and Hereditaments whatsoever of him the said V. W. scituate lying and being renewing growing or coming in V. M. aforesaid or else-where in the said County of H. And also al that the Advowson Donation Nomination Presentation freâ— Disposition and right of Patronage of the Parish-Church of S. M. aforesaid And all and every the Profits Commodities Emoluments and other Hereditaments whatsoever with all and singular the Appurtenances of him the said V. W. scituate lying and being coming growing arising and renewing within the Towns Fields Parish Hamlets and Territories of S. M. aforesaid or elsewhere within the said County of H. and all the Estate Right Title Interest Property Claim and Demand whatsoever of him the said V. W. of in and to the same Mannor Messuages Tenements Hereditaments and other the premises and every part and parcel thereof and the Reversion and Reversions Remainder and Remainders thereof and of every part and parcel thereof and all and every the Rent and Rents thereupon reserved due and payable or any part thereof All which premises were by the said V. W. bargained and leased to the said A. B. J. P. and J. G. their Executors or Assigns by Indenture bearing date c. for the term of three Moneths next ensuing the making of the said Indenture as in and by the same Indenture reference being thereunto had may more fully and at large appear To have and to hold the said Mannor of S. M. with the appurtenances and all and singular the said Messuages Tofts Crofts Lands Tenements and the said advowson and right of Patronage of the Parish-Church of S. M. aforesaid and every the Profits and Emoluments hereby arising and renewing and all and singular other the premises hereby conveyed and assured or meant or mentioned or intended to be by these presents conveyed and assured with their and every of their Rights Members and Appurtenances and the Reversion and Reversions Remainder and Remainders thereof and of every part thereof unto the said A. B. J. P. and J. G. and their Heirs and Assigns to the several uses intents and purposes and upon the trust and confidence and under the several Provisions Conditions and Limitations hereafter in and by these presents expressed limited and declared and to and for none other use intent or purpose whatsoever That is to say as for and concerning all the Farm Messuage or Tenement commonly called or known by the Name of Causin-Farm and all and every the Houses Buildings Barns Stables Yards Gardens Orchards and Lands Arable Meadow and Pasture containing by estimation one hundred Acres be the same more or less to the said Messuage Farm or Tenement belonging or in any wise appertaining with the appurtenances scituate lying and being in S.M. the appurtenances now or late in the tenure or occupation of the said A. B. or his Assigns And all the
Farm Messuage or Tenement in S. M. aforesaid together with all and every the Houses Edifices Buildings Barns Stables Yards Gardens Orchards arable Lands containing by estimation sixty Acres be the same more or less and all Closes Meadows Pastures and Hereditaments to the said Messuage or Tenement belonging or in any wise appertaining with the appurtenances now or late in the Tenure or Occupation of the said A. B. or his Assigns and also all that Messuage or Tenement Houses Buildings Barns Stables Orchards Gardens arable Lands containing by estimation an hundred Acres be the same more or less Closes Meadows Pastures Lands Tenements and Hereditaments to the said Messuage or Tenements belonging oâ— in any wise appertaining scituate lying and being in S. M. aforesaid with the appurtenances heretofore in the Tenure or Occupation of C. D. and now or late in the Tenure or Occupation of T. W. or his Assigns and all those arable Lands containing by estimation thirty Acres be the same more or less and all those Closes Meadows Pastures Lands Tenements and Hereditaments with their and every of their appurtenances scituate and being in S. M. aforesaid now or late in the Occupation of c. or his Assigns and also all those twenty Acres of arable Lands Meadows and Pasture in S. M. aforesaid now or late in the Tenure or Occupation of W. H. or his Assigns Together with all and singular Wayes Easements Commons Common of Pasture Profits and Commodities whatsoever to the said Premises or any part thereof belonging or appertaining or therewith used and enjoyed or excepted reputed or taken as part or parcel or member thereof with their and every of their appurtenances To the use and behoof of the said V. W. for and during the term of his natural life without impeachment of or for any manner of strip oâ— waste and from and after his decease to the use and behoof of the said F. for and during the term of her natural life for her Joynture and in lieu and recompence of her Dower and Title of Dower and from and after the several deceases of them the said V. W. and F. his wife then to the use and behoof of the first Son of the body of the said V. W. on the body of the said F. lawfully begotten or to be begotten and of the Heirs males of the body oâ— such first Son lawfully to be begotten and for default of such Issue then to the use and behoof of the second Son of the body of the said V. W. on the body of the said F. lawfully begotten or to be begotten and of the Heirs males of the body of such second Son lawfully to be begotten and for default of such Issue to the use and behoof of the third fourth fifth sixth seventh eighth ninth tenth and every other Son on the body of the said F. lawfully begotten or to be begotten and of the Heirs males of the body of every such to be begotten Son lawfully to be begotten the eldest Son and the Heirs males of his body being alwayes preferred before the younger Son and the Heirs males of his body according to the seniority and priority of Birth and Age and for default of such Issue then as for and concerning all and singular the premises hereby limited and appointed to and for the Joynture and Livelihood of the said F. with their and every of their Appurtenances and the Reversion and the Reversions Remainder and Remainders thereof and of every part thereof to the use and behoof of the said A. B. J. P. and J. G. and their Assigns for and during the term of their natural Lives and the life of the longest Liver of them and from and after their decease and the decease of the Survivor of them to the use and behoof of the Executors Administrators and Assigns of the Survivor or Survivors of them the said A. B. J. P. and J. G. for and during and unto the full end and term of Sixty years from thence next ensuing and fully to be compleat and ended upon trust and confidence and to the Uses Intents and Purposes hereafter in and by these presents limited expressed and declared that is to say from and after the decease of them the said A. B. J. P. and J. G. and of the Survivor of them and from and after the end expiration and other determination of the said term of Threescore years as aforesaid then as for and concerning the Reversion and Reversions Remainder and Remainders of the said Messuage Lands Tenements and Premises so limited for Lives and Years aforesaid And as for and concerning all that the Mannor of S. M. aforesaid Mannor-house or Capital Messuage and all and every the Houses Edifices Buildings Barns Stables Yards Orchards Gardens Lands Closes Meadows Pastures Feedings Tenements and Hereditaments commonly called or known by the name of the Demeasn Lands of the Mannor of S. M. aforesaid scituate lying and being enclosed and invironed with a Ring-hedge near about the said Capital Messuage and for and concerning all other the Lands Closes Meadows Pastures Feedings Tenements and Hereditaments with their and every of their Appurtenances and the Reversion and Reversions Remainder and Remainders thereof whereof no Estate Use or Uses is or are herein formerly limited and declareâ— to the use and behoof of the said V. W. and his Assigns for and during the term of his natural Life without any impeachment of or for any manner of strip or waste and from and after his decease to the use and behoof of such person or persons for such Estate and Estates and for such use and uses and in such sort manner and form as the said V. W. by any his Deed or Deeds in writing intended sealed delivered and executed in the presence of three credible Witnesses at the least shall declare limit and appoint and until such declaration limitation or appointment then to the use and behoof of G. W. eldest Son of the body of the said V. W. and of the Heirs males of the body of the said G. W. lawfully begotten or to be begotten and for default of such Issue then to the use and behoof of R. W. second Son of the body of the said V. W. begotten and of the Heirs males of the body of the said R. W. lawfully to be begotten and for default of such Issue to the use and behoof of the third fourth fifth sixth seventh eighth ninth tenth and every other Son of the body of the said V. W. lawfully begotten or to be begotten and of the Heirs males of the body of every such to be begotten Son lawfully to be begotten the elder Son and the Heirs males of his body to take place and be preferred according to the seniority and priority of Birth and Age and for default of such Issue to the use and behoof of the Heirs of the said V. W. lawfully begotten or to be begotten and for default of such Issue to the use and behoof of the right
conveying of Hesters third part to J. F. and his Heirs suffer a recovery and by this Deed together with the Tenants of the Free-bold and the Recoverors direct the use of the same Recovery THis Indenture Tripartite c. Between Sam. N. c. and Hest his Wife one of the Daughters and Co-heirs of W. K. late of c. deceased of the first part J. F. the younger of c. of the second part and T. Y. of c. and N. L. and B. T. of the third part witnesseth That whereas the said S. N. and Hester his Wife in the right of the said Hester were at the beginning of the Term of St. Michael now last past and before seized in Fee-rail with divers remainders over of and in one full third part the whole into three equal parts to be divided of all that Tenement c. containing by estimation one yard-Yard-land with the appurtenances set lying and being in Dundry aforesaid in the said County of Somerset and of and in all Houses Edifices Buildings Barns Stables Orchards Gardens Backsides Lands Tenements Meadows Leasows Pastures Commons Common of Pasture Woods Under-woods Profits Commodities Emoluments and Hereditaments whatsoever to the said Messuage and Premises or any of them or to any part and parcel of them belonging or in any wise appertaining and whereas the said S. N. and H. his Wife being so seized as aforesaid since the beginning of the said last Term of Saint Michael did for and in consideration of the sum of 100 l. of c. to them by the said J. F. before the ensealing and delivery hereof well and truly paid and satisfied whereof they do hereby acknowledge the receipt and thereof and of every part and parcel thereof do clearly acquit and discharge the said J. F. his Heirs Executors and Administrators by these presents conclude and agree to and with the said J. F. to convey and assure to the said J. F. his Heirs and Assigns for ever to the only and proper use and behoof of him the said J. F. his Heirs and Assigns for evermore the one full third part of all and singular the Tenement Cottages Lands and Premises before in these presents mentioned or expressed and of all and singular other the Messuages Lands Tenements and Hereditaments whatsoever within the Parish of Dundry and Chiew aforesaid or either of them whereof the said William King the younger Father of the said Hester in his life-time and at the time of his death was seized of an Estate of Inheritance by such wayes means and assurance in the Law as by the Council of the said J. H. should be advised and thought meet and whereas it was advised and thought meet by the Council of the said I. F. and concluded and agreed by and between the said Parties to these presents that a common recovery with double Voucher should be suffered and executed of the said third part by the said S. M. and H. his Wife of the Messuages Tenements Cottage Land and Premises before in these presents mentioned or expressed for the cutting off the said intail and barring all remainders and for the assuring and setling of the Inheritance of the same third part to and on the said I. F. his Heirs and Assigns for ever in pursuance of which said advice conclusion and agreement they the said S. N. and Hester his Wife by their Deed indented bearing date the first day of this instant Moneth of November and inrolled in the High Court of Chancery the nineteenth day of the same Moneth made between them the said S. N. and Hester of the one part and the said T. Y. of the other part have granted bargained and sold to the said T. Y. and his Heirs one full third part the whole in three equal parts to be divided of all and singular the Tenement Cottage Lands and Premises before in these presents mentioned or expressed and of all and singular other the Lands Tenements and Hereditaments whatsoever within the Parishes of Dundry and Chiew aforesaid or either of them whereof the said W. King the younger Father of the said Hester in his life-time and at the time of his death was seized of an Estate of Inheritance and the Rents Reversions and Services thereof to be had and holden to the said T. Y. perfect Tenant of the Free-hold of the premises that a good perfect and common recovery with double Voucher might thereof be had and executed in pursuance of and according to the said conclusion and agreement and whereas afterwards in the same Term of St. Michael according to the conclusion and agreement aforesaid the said N. L. and B. T. did pursue out of the said Court of Chancery one Writ of Entry sur disseisin en le post returnable before the Justices of the Court of Common-Pleas at Westminster whereby the said N. L. and Ben. T. demanded against the said T. Y. the said part of the Messuage Tenement Cottage Lands and things herein before mentioned or expressed and by the said conclusion and agreement meant or agreed to be assured or conveyed to the said J. F. and his Heirs as aforesaid by the names of the third part of two Messuages of thirty acres of Land of ten acres of Meadow of thirty acres of Pasture of three acres of Wood and Common of Pasture with the appurtenances in Dundry and Chiew in the County of Somerset to which Writ the said T. Y. appeared in person and after declarations against him by the said N. L. and B. T. he the said T. Y. appeared in person at the Bar of the said Court and vouched to warranty the said S. N. and H. his wife who likewise appeared in person and did enter in the warranty and afterwards vouched over the common Vouchee who did likewise appear in person and after declaration against him made defence and afterwards made default whereby several Judgments were had according to the course of common recoveries used in the said Court of Common-Pleas witnesseth now further this present Indenture and it is hereby explained declared and expressed that the true intent and meaning of all the said Parties to these presents before and at the time of the suffering the said recovery was and ever since hath been and yet is that the said recovery and the whole execution thereof should and for ever hereafter shall be and enure and the said recoveries and their Heirs shall for ever hereafter stand and be seized of and in the said third part of the said Tenement Cottage Lands and Premises before-mentioned with the appurtenances to and for the only proper use and behoof of him the said J.F. and of his heirs and assignes for ever and to or for none other use intent or purpose whatsoever for that end purpose according to the advice of the Council and the conclusion and agreement aforesaid the said S. N. and H. his wife for them and their Heirs and every of them do and either of them doth by these
with all the rights members and appurtenances whatsoever thereunto belonging And that you fully accomplish and fulfill all other the several acts and things which your office obligeth you to perform herein Witness my hand and seal the c. A deed of feoffment with a Letter of Attorney to give livery and seisin TO all to whom these presents shall come S. W of c. sendeth greeting Know ye that the said S.W. for and in consideration of the sum of 5 s. of lawful money of England to them in hand paid by S.M. and C.D. of c. whereof the said S.W. doth hereby acknowledge the receipt and of the sum of 5000 l. of lawful money paid and secured to be paid unto and for the use of the said S.W. his Executors or Assigns have granted enfeoffed and confirmed and do by these presents grant enfeoff confirm unto the said S.M. C D. their Heirs and Assigns all those Lands Tenements and Hereditaments with their and every of their appurtenances commonly called or known by the names of R. and G. containing by estimation 600 acres be the same more or less scituate lying and being in the Towns Parishes Villages and Hamlets of T. and M. in the said County of K. or one of them together with all other lands tenements and hereditaments heretofore of S. W. deceased and late of S. W. Dr. in Divinity thaâ— are scituate lying and being in the Towns Villages and Hamlets of T. and M. aforesaid or either of them and also the reversion and reversions remainder and remainders of the said lands tenements and premisses and every part thereof and also all the estate right title interest clame and demand whatsoever of the said S. W. of in and to the same and every part thereof to have and to hold the said Lands tenements hereditaments and premisses with the appurtenances unto the said S.M. and C.D. their Heirs and Assigns for ever to the only use and behoof of them the said S.M. and C.D. their Heirs and Assigns for ever and the said S.W. doth by these presents make Constitute Ordain Authorize and Appoint F. L. of c. in the said County of c. and G.M. of c. in the said County of c. their true and lawful Atturneys for them and in their names and stead joyntly or severally to enter into the said lands tenements and premisses or into some part thereof in the name of the whole and possession thereof for them and in their names and stead to take and after such possession so thereof had and taken for them and in their names and stead to deliver full and peaceable possession and seisin of the said lands tenements and premisses with the appurtenances or of some part thereof in the name of the whole to the said S.M. and C.D. or one of them or to their lawful Attorney according to the form of these presents ratifying confirming and allowing all and whatsoever their said Attorneys or either of them shall do in the premisses by vertue of these presents In Witness whereof the said S.W. to these presents his hand and seal hath set the c. day of c. in the year c. An Indenture to bar an Estate-tail THis Indenture made the seventh day of October in the 11th year of the Reign of our Soveraign Lord CHARLES by the grace of God of England Scotland France and Ireland King Defender of the Faith c. Between T.B. of W. in the County of B. Yeoman on the one part and T.M. of H. in the said County Yeoman and H.H. of H. aforesaid in the said County Yeoman on the other part Whereas T.B. deceased Grandfather of the said T.B. party to these presents Recital of a Will by his last Will and Testament in writing amongst other things therein contained did give and devise unto J B. also deceased father of the said T.B. party to these presents and to the Heirs male of his body with remainders over all that his Messuage or Tenement with the appurtenances scituate and being in W. in the said County of B. and all that his Close adjoyning to the said messuage or tenement and all that acre of Meadow-ground called the long Hale lying in W. Meade and three yards of Meadow called the Elboes in the said Parish of W. and half his arable Lands Leyes and Meadow-ground lying and being in the Parish and Fields of W. aforesaid and R. or one of them with their and every of their appurtenances in the said County of B. as by the said last Will it doth and may appear and which premisses do contain a Messuage with the appurtenances and one Yard-land by estimation be it more or less And whereas the said T. B. the Grand-father shortly after making the said Will dyed the said J. B. his Son him surviving after which time the said J.B. having issue the said T.B. party to these presents his eldest Son and Heir male and the said J. B. being since also dead by and after whose decease the said T.B. party to these presents now is in actual possession of the said Messuage or Tenement Closes Lands Meadowes and Premisses with the Remainders over as aforesaid Now this Indenture witnesseth That the said T. B. party to these presents To cut off the estate taile intending as well to cut off the said estate tail and to barre the Remainders thereon depending and to settle the said Messuage or Tenement Close Lands Meadowes and Premisses to him the said T.P. party to these presents and his heirs as also to barre all pretences of right that futurely may or can be made unto all and every or any the said Messuages Lands Meadowes and Premisses so given to the said J.B. his Father and since come unto him the said T. B. party to these presents for that purpose Covenant to levy a Fine Doth hereby Covenant and Grant for himself his Heirs Executors and Administrators and for every of them to and with the said T.M. his Heirs and Assigns by these presents That he the said T. B. shall and will on and before the Feast of St. Andrew the Apostle now next ensuing the date hereof in due form of Law acknowledge and levy one or more Fine or Fines Sur cognizance de droit come ceo c. before his Majesties Justices of his Majesties Court of Common-Pleas at Westminster unto the said T.M. of and for the said Messuage or Tenement Close and all and every the said Meadows Lands and Premisses by the name or names of one Messuage one Garden one Orchard Forty Acres of Land six Acres of Meadow six Acres of Pasture and Common of Pasture for all Cattel with the Appurtenances in W. and R. or one of them in the said County of B. or by such other name or names quantity or number of Acres as to the said T. M. or his Council Learned shall seem meet and expedient To the intent that he the said T. M. shall
by force thereof stand and be seized of the Messuage or Tenement Close Lands Meadows and Premisses To suffer a Recovery untill a good and perfect common recovery with a double Voucher over may be duly had and executed of and for the said Messuage or Tenement Lands Meadowes and Premisses according to the course of common Recoveries for assurance of Lands and Tenements in such cases used And it is hereby fully declared and agreed by and between all the parties to these presents That after the said Fine or Fines so to be levied of the said Messuage Lands and Premisses as aforesaid he the said T. M. shall and will permit and suffer him the said H. H. to bring and pursue against him the said T.M. one or more Writ or Writs of Entry sur Disseisin in le post returnable before his Majesties Justices of his Majesties Court of Common-Pleas at Westminster by which he the said H.H. shall demand against him the said T.M. all and every the said Messuage Lands Meadows and Premisses by the name or names of one Messuage one Garden one Orchard Forty Acres of Land six acres of Meadow six acres of Pasture and Common of Pasture for all Cattel with the appurtenances in W. and R. or one of them in the said County of B. or by whatsoever other name or names quantity or number of Acres as to the said H. H. shall seem meet To which Writ or Writs the said T. T. shall appear gratis and shall enter into the Warranty and shall vouch to warranty the said T.B. party to these presents who also shall appear and enter into the warranty and shall vouch over the Common Vouchee who also shall appear and enter into the warranty for the said Premisses and after make default so that a good and perfect Common Recovery with a double Voucher over may be duly had and executed of and for the said Messuage or Tenement Close Lands Meadows and Premisses according to the course of Common Recoveries in such cases used And it is hereby further declared concluded The declaration of the use expressed and agreed by and between all the Parties to these presents And the true intent and meaning of all the parties to these presents and of these presents is That after the said Recovery suffered and executed of and for the said Premisses or any of them as well the said Recovery as also the said Fine and all Fines and Recoveries suffered and levied or to be suffered levied or acknowledged by or between the said parties to these presents or any of them of and for the premisses or any of them shall be and enure and hereby and by all the parties to these presents are and shall be adjudged deemed and taken to be and enure To the only proper use and behoof of the said T. B. party to these presents and of his heirs and assigns for ever And to none other use intent or purpose whatsoever In witness whereof the parties abovesaid c. A Re-demise of Lands Mortgaged THis Indenture made c. between T. L. of c. on the one part and J. M. of c. and G. M. of c. on the other part Whereas the said J.M. and G. M. by their Indenture of Lease Recital of the Mortgage bearing date c. for the considerations therein expressed did demise grant bargain set and to farm-let unto the said T. L. his Executors and assigns all that the Mannor of L.G. and P. with the appurtenances in the said County of M. and also all Messuages Houses Edifices Buildings Barns Stables Out-houses Yards Backsides Orchards Gardens Lands Tenements Meadows Leasows Pastures Feedings Wayes Wasts Wast-grounds Commons Commodities Moors Marshes Woods Wood-grounds Underwoods Waters Water-courses Ponds Pooles Liberties Fishings Advowson and Patronage of the Church of L.G. and P. aforesaid Rents Reversions Services Escheats Fines Amerciaments Court-Leets Views of Frankpledge and Profits of Courts and all that to Courts and Leets belongeth Chattels Wafes Estrayes Goods and Chattels of Felons and Fugitives Customes Rights Jurisdictions Priviledges Profits Commodities Advantages Emoluments and Hereditaments whatsoever with their appurtenances of whatsoever kind nature or quality soever or by whatsoever name or names they are called or known by scituate lying and being coming renewing arising or growing in L. G. and P. aforesaid H. Y. and Z. or within any of them or elsewhere in the said County of M. to the said M. Messuages Lands Tenements Meadows Feedings Pastures and other the Premisses or to every or any of them in any wise belonging or appertaining or incident or dependant thereunto or as part parcel or member thereof or at any time thentofore known accepted taken used demised or reputed as part parcel or member thereof or of any part thereof with their and every of their Rights Members and Appurtenances To haâ—â— and to hold the said Mannors Messuages Lands Tenements Meadows Pastures Advowsons and all other the Premisses with their and every of their Rights and Appurtenances unto the said T. L. his Executors and Assigns for the term of 99 years next ensuing the date of the said recited Indenture of Lease fully to be compleat and ended by and under the yearly rent of a Pepper-corn at the Annunciation of our Lady St. Mary the Virgin if it were lawfully demanded as by the said Indenture of Lease amongst other things therein contained it doth and may appear Now this Indenture witnesseth The re-demise That the said T. L. for divers good causes and considerations him moving hath demised set and to Farm-letten and by these presents doth demise set and to Farm-let unto the said J.M. and G. M their Executors and Assigns the said Manors Messuages Lands Tenements Meadows Pastures Advowsons and all other the Premisses with their and every of their Appurtenances in the said recited Indenture of Lease mentioned To have and to hold the said Mannor The Habendum and all other the Premisses with their and every of their appurtenances unto the said J. M. and G. M. their Executors and Assigns for the Term of 98 years and 10 moneths next ensuing the date thereof Yielding and paying therefore yearly during the said term unto the said T. L. his Executors and Assigns one Pepper-corn at the Feast of Proviso to pay money c. if it be demanded Provided alwayes and upon Condition That if the said J. M. and G. M. their Heirs Executors Administrators and Assigns or some of them shall not well and truly pay or cause to be paid unto the said T. L. his Executors or Assigns the summe of xx pounds of currant money of England on and upon the Twenty fifth day of M. next ensuing the date hereof and also the sum of 500 pounds of currant money of England on and upon the twenty fifth day of M. which shall be in the year of our Lord God 1632. that then from and after default of payment of the said several Sums or either of
and Limitations hereafter in these presents expressed limited and declared and that the said Recoverers and either of them and all the parties to the same Recovery and the Parties takers thereby and their heirs and all other person and persons and his and their heirs who then were and now are or hereafter shall be seized of the said Mannors Lands Tenements Hereditaments and Premisses with their Appurtenances comprized in the said Recovery should and shall stand and be seized of the same Mannors Lands Tenements Hereditaments and Premisses comprized in the said Recovery and every parcel thereof with the Appurtenances to the same uses purposes and intents hereafter expressed And that the said Cognizees of the said Fine and either of them and all the parties to the same Fine and the takers thereby and the heirs of them and every of them and all and every other person and persons and his and their heirs who at the time of the levying of the said Fine then were or now are or hereafter shall be seized of the foresaid Mannors Lands Tenements Hereditaments and premisses with the Appurtenances Comprized in the said Fine and every of them should and shall stand and be seized of the same Mannors Lands Tenements Hereditaments and premisses Comprized in the said Fine and every parcel thereof with the Appurtenances to the uses purposes and intents hereafter in these presents expressed and declared that is to say for touching and concerning all that the foresaid Capital Messuage or House called H. house scituate and being within the said Mannor of T. in the said Counties of W. and W. with the Orchards Gardens Barns Stables Hop-yards thereunto belonging And also as for touching or concerning the said several Lands Tenements and Hereditaments next hereafter mentioned and in the said several Recoveries comprized that is to say two Meadows called H. Meadows containing by estimation 60 acres more or less one Pasture called C. containing by estimation 40 acres one Wood called B. containing 16 acres c. parcel of the said Mannors Lands Tenements Hereditaments and Premisses in the said Counties of W. and W. To the only use and behoof of the said T. Lord W. and his Assigns The Uses for and during the term of his natural life without Impeachment of or for any wast and with full power to commit waste and from and after the decease of the said T. Lord W. then to the use and behoof of the Lady K. now wife of the said T. Lord W. for and during the term of her natural life for her Joynture and in lieu and full recompence of her Dower out of all the Mannors Lands Tenements and Hereditaments whereof the said T. Lord W. now is or hereafter shall be seized And for and touching all the residue of all the said Mannors Lands Tenements Hereditaments and Premisses with their Appurtenances in the said Counties of W. and W. And for touching and concerning all the said Mannors Lands Tenements Hereditaments and Premisses in the said County of G. to the only use and behoof of the said T. Lord W. and his Assigns for and during the term of his natural life without Impeachment of or for any manner of waste and for touching and concerning the immediate Remainder of the said Capital Messuage called H. house and of all the said lands tenements and premisses before particularly mentioned or meant to be limited to the use of the said Lady K. for her Joynture as aforesaid immediately from and after the decease of the said T. Lord W. and of the said Lady K. and of the longer liver of them and the immediate Remainder of all the residue of the said Mannors Lands Tenements Hereditaments and Premisses in the said Counties of W. and W. whereof there is no use before limited or declared to the said Lady K. for her Joynture And for touching and concerning the immediate Remainder of all the said Mannors Lands Tenements Hereditaments and Premisses in the said County of G. immediately from and after the decease of the said T. Lord W. to such uses purposes and intents and under such Provisions Conditions and limitations as hereafter in these presents are specified expressed limited and declared and to none other use intent or purpose whatsoever that is to say To the use and behoof of the said Right Honourable W. Lord P. N. F. c. their Executors Administrators and Assigns for and during the term and space of c. years to commence and begin as hereafter followeth that is to say for touching and concerning the said Messuages Lands Hereditaments and premisses before limited to the use of the said Lady K. for her Joynture parcel of the said Mannors Lands Tenements and Hereditaments comprized in the said Fine to begin-immediately from and after the decease of the longest liver of them the said T. Lord W. and of the said Lady K. and for touching and concerning all the rest and residue of the said Mannors Lands Tenements Hereditaments and premisses as well in the said Counties of W. and W. as in the said County of G. for and during the term and space of _____ years to commence immediately from and after the decease of the said T. Lord W. for and to the intent and purpose that the said W. Lord P. N. E. c. their Executors Administrators and Assigns shall and may receive For payment of debts and other charges perceive dispose and imploy the Rents Revenues Issues and Profits of all the said Mannors Lands Tenements Hereditaments and Premisses respectively for and during the said term or terms of _____ years for and towards the payment and satisfaction of all such Debts and Sums of money which the said T. Lord W. doth now owe or hereafter shall borrow or owe or for which any person or persons doth or hereafter shall stand engaged for or with the said Lord W. and for his proper debt and for the payment of such Annuities Rent or Rents and securing such Leases as the said T. Lord W. hath granted or hereafter shall grant or mention or limit to be issuing or going out of the said Mannors Lands Tenements Hereditaments and Premisses or out of any of them or out of any parcel of them or any of them to any person or persons which is or are or have been or hereafter shall be the servant or servants of the said T. Lord W. for or in regard or in respect of his or their service or services done or to be done to the said T. Lord W. or to any person or persons for any money heretofore received borrowed or taken up or hereafter to be received borrowed or taken up by the said T. Lord W. or to his or their Executors Administrators and Assigns and also for and towards the payment of such Legacy or Legacies and Sums of money which the said T. Lord W. shall by his last Will and Testament in writing to be signed sealed and published between three or more sufficient Witnesses give
as aforesaid And of and from all Actions Sutes Costs Charges Damages Expences and Demands whatsoever which he the said J. S. his Executors Administrators or Assigns shall hereafter happen to incur sustain or be put unto for or by reason of the payment of the said Sums of five shillings a piece for the use of the said M. and A. to the said T. their Father as aforesaid That then this Obligation shall be void or else it shall stand in full force and vertue A Condition to pay the Rent reserved in a Lease according to the Covenant therein exprest THe Condition of this Obligation is such That whereas the within named I. C. by his Indenture of Lease of the date within written did Demise grant and to farm-let unto the within bound H. B. all that Messuage or Inne called the Signe of the White Horse with all Cellers Sollers Chambers Rooms Yards Stables and Appurtenances thereunto belonging as it is now in the Tenure or occupation of the said I. C. set and being in S. in the Parish of St. O. in S. in the County of S. except as in the same Lease is excepted To have and to hold the same from the Feast of the Nativity of St. John Baptist next coming after the date of the same Lease unto the end and term of Ten years and one quarter of a year from thence next ensuing and fully to be compleat and ended yielding and paying therefore yearly during ten years of the said term of ten years and one quarter of a year to the said I. his Executors or Assigns Twenty and four pounds of lawfull money of England at Four Terms of the year that is to say at the Feast of St. Michael the Arch-Angel the Birth of our Lord God the Annuntiation of our Lady and the Nativity of St. John Baptist or within fifteen dayes next after every of the said Feast Dayes by even portions And for the last quarter of a year six pounds at the Feast of St. Michael the Arch-Angel next ensuing the said term of ten years or within fifteen dayes then next following as by the same Lease more at large appeareth If therefore the said H. B. his Executors or Assigns do yearly and every year during the said Term of Ten years well and truly yield and pay or cause to be yielded or paid to the said I. C. his Executors or Assigns the said yearly Rent of Twenty and four pounds at the said Four Feasts or Terms of the year mentioned in the said Lease or within Fifty dayes next after every of the said Feast-dayes by even portions and the said Summe of Six pounds at the said Feast of St. Michael the Arch-Angel next after the end of the said Ten years or within fifteen dayes then next following according to the tenure and true meaning of the same Lease That then this Obligation to be void and of none effect Or else to be in full force and vertue A Defeazance on a Recognizance or Statute-Staple THis Indenture made the one and twentieth day of August Anno Dom. 1634. and in the Tenth year of the Reign of our Soveraign Lord Charles by the grace of God King of England Scotland France and Ireland Defender of the Faith c. Between J.B. Citizen and Salter of London of the one part and G. B. Citizen also and Salter of L. of the other part Witnesseth That whereas the said G. B. by a certain Recognizance of the nature of a Statute of the Staple made and provided for the Recovery of debts taken Recognized and sealed before Sir J. C. Knight Mayor of the Staple of W. and E. L. Esq Recorder of the City of L. bearing date with these presents standeth and is bound unto the said I. B. in the summe of Four hundred pounds of lawful money of England payable as by the same Recognizance more at large appeareth Nevertheless the said I. B. is contented and agreed and doth covenant promise and grant for himself his Heirs Executors and Administrators to and with the foresaid G. B. his Heirs Executors and Administrators and to and with every of them by these presents That if the said G. B. his Heirs Ezecutors Administrator or Assigns or any of them do pay or cause to be paid unto the said I. B. his Executors Administrators or Assigns or any of them at or in the now dwelling house of the said I. B. scituate in the Parish of St. A. H. London the Summe of Two hundred and eight pounds of lawfull money of E. on the Three and twentieth day of F. next coming after the date of these presents without fraud or coven That then the foresaid Recognizance shall be utterly void and of none effect or else to remain in full force strength and vertue In witnesse whereof the parties first above named to the present Indentures interchangeably have set their hands and seals dated the day and year first above written A Grant of Lands in Fee in consideration of money and in further consideration of exchange of other Lands THis Indenture made c. between c. Witnesseth That the said L. G. and also for and in consideration of a certain competent Summe of lawful money of England to him in hand before the ensealing and delivery of these presents by the said I. B. well and truly paid and for and in consideration of other Lands Tenements and Hereditaments by the said I. B. conveyed and assured to the said L. G. and his heirs in exchange Whereof and wherewith the said L. G. acknowledgeth himself fully satisfied and contented and thereof and of every part and parcel thereof clearly acquitteth and dischargeth the said I. B. his heirs and assigns by these presents hath bargained sold aliened enseoffed and confirmed and by these presents doth fully and clearly bargain sell alien enseoffe and confirm in exchange unto the said I. B. and his heirs All that Scite and Capital Messuage or Tenement with the appurtenances scituate c. now being in the tenure or occupation of the said L.G. or his assigns and all and every the Barns Stables Out-houses Orchards Gardens and other appurtenances to the said Messuage or Tenement belonging or in any wise appertaining and all and every other the Lands Meadows Pastures and Closes therewith occupied by the said L. G. and being in E. aforesaid And all that Messuage or Tenement with the appurtenances scituate and being in E. aforesaid and 30 Acres of Land Meadow and Pasture thereunto belonging now or late in the Tenure c. And all that Messuage c. and all that Cottage c. and all and every the Commons Wastes Grounds Leys and other appurtenances to the premisses or any of them belonging or in any wise appertaining And all and every other the Lands Tenements and Hereditaments scituate lying and being in E. aforesaid with all and singular the appurtenances whereof E. G. Esq Father of the said L. died seized of an Estate of Inheritance and the Reversion
of the said J.S. his Son T. and S. his Daughters If therefore the said W. S. his Executors and Administrators and every of them do from time to time and at all times hereafter freely and clearly acquit exonerate and discharge or otherwise well and sufficiently save defend and keep harmlesse the said J. S. his Executors and Administrators and every of them and all and every of his and their Lands Tenements Goods and Chattels as well of from and against the said J.S. T. and S. their Executors Administrators and Assigns as also of from and against all other persons whatsoever of for and concerning the payment delivery and disbursement of the said Sums of five shillings a piece Pewter-platter Pewter-dish and three Saucers unto the said W.S. their Father as aforesaid And of and from all such actions sutes costs charges damages expences and demands whatsoever which he the said J. S. his Executors Administrators or Assigns shall hereafter happen to incur sustain or be put unto for or by reason of the payment delivery and disbursement of the said Sums of five shillings a piece Pewter-Platter Pewter-Dish and three Saucers for the use of the said J.S. T. and S. unto the said W. S. their Father as aforesaid That then this Obligation shall be void or else it shall stand in full force and vertue A Counter Condition to save harmless from a Bond Well penn'd THe Condition of this Obligation is such That whereas the within named R. C. at the special instance and request and for the only debt of the within-bound J. S. by one Obligation of the date hereof is and standeth joyntly and severally bounden with the said J. S. unto J. T. of London Merchant in the sum or penalty of c. of lawful money of England with conditions thereupon indorsed for the payment of c. of like lawful money of England on the last day of February now next ensuing the day of the date within written as by the same Obligation and Condition may appear If therefore the said J. S. his Executors Administrators or Assigns or any of them do and shall well and truly pay or cause to be paid to the said J.T. his Executors Administrators or Assigns or some of them on the said last day of February above mentioned at the now dwelling house of H. C. London Gent. fituate in c. in London the aforesaid sum of c. and do thereby clearly exonerate acquit and discharge the said R. C. his Executors and Administrators as well from all actions sutes costs charges judgments executions and demands whatsoever concerning the same That then this present Obligation to be void and of none effect or else to remain and abide in full force and vertue A Letter of Attorney to take possession according to the Contents of a Lease TO all People to whom this present Writing shall come H.T. Citizen and Girdler of London sendeth greeting in our Lord God everlasting Whereas I the said H. T. have signed and sealed one Writing indented bearing even date with these presents purporting a Lease to be made by me unto one c. of all that Messuage with the appurtenances near the Hospital in c. In the County of c. late in the tenure or occupation of R. F. deceased and other Lands and Hereditaments in the said Indenture mentioned To hold from the first day of this instant February unto the full end and term of five years from thence next ensuing as by the said writing indented more plainly appeareth which Writing is not yet delivered by Deed. Now know ye That I the said H. T. have made constituted appointed and in my place and stead put and by these presents do make constitute appoint and in my place and stead put c. my true and lawful Atturney for me and in my name place and stead to enter into and upon the said Messuage Lands and Hereditaments in and by the said Writing indented mentioned to be demised or any part thereof And after such entry made for me and in my name place and stead there upon the premisses to deliver unto the said c. or to his lawfull Attorney in that behalf the said writing indented so by me signed and sealed as aforesaid as the very act and deed of me the said H. T. And further to do whatsoever may be necessary in that behalf and whatsoever my said Attorney shall do or cause to be done in the Premisses I the said H. T. do and shall ratifie confirm and maintain as if I had done the same in my own person In witness whereof I the said H. T. have hereunto set my hand and seal the c. day of February in the year of our Lord c. A short Lease of a Messuage and Lands to be void on paying of one shilling it being the precedent Deed. THis Indenture made the c. day of February in the year of our Lord God c. between H. T. Citizen and Girdler of London of the one part and R. I. of S. in the County of W. Yeoman c. of the other party witnesseth That the said H. T. for divers good causes and Considerations him moving hath demised granted and to farm-letten and by these presents doth demise grant and to farm-let unto the said c. all that Messuage with the appurtenances near the c. in c. in the County of G. late in the tenure or occupation of R. F. deceased and all the Barns Out houses Orchard and Garden thereunto belonging And all that Close of Meadow or Pasture-ground thereunto adjoyning containing by estimation five Acres be it more or less and one little ground called or known by the name of Redcraf adjoyning to certain Grounds there called Flankers Closes And one other Close of Arable Land called the Wood furlong adjoyning to the Lane there leading towards S. on the West And all those arable Lands to the said Messuage belonging or reputed or taken to belong thereunto or which were therewith used occupied or enjoyed by the said R. F. deceased lying and being in the Fields of c. aforesaid That is to say five and forty acres by estimation be the same more or less lying in the North-field 22 acres by estimation be the same more or less lying in the South of c. aforesaid To have and to hold the said Messuage or Tenement Land Premisses with the appurtenances unto the said c. his Executors Administrators and Assigns from the first of this instant February unto the full end and term of five years from thence next ensuing and fully to be compleat and ended yielding and paying therefore yearly during the said term one Pepper-corn at the Feast of St. Michael the Arch-angel if it shall be demanded Provided alwayes that if the said H. T. his Executors Administrators or Assigns shall at any time hereafter pay or tender unto the said c. his Executors or Administrators or to any other
it stands in force or be reversed by attaint or Writ of Error is final and makes an end of the Suit And here observe 1. That all Judgments are either by Award by Confession by Default or by Tryal Cro. 2.468 2. That a Judgment cannot be depheasanced before it be obtained Cro 1.837 3. That Judgments are much favoured in Law for Judicia in Curia Regis reddita pro veritate accipiuntur et Judicia sunt cantum Juris dicta Judicia in Curia Regis reddita non adnihilentur sed stent in suo robore quousque per errorem aut attinctam adnullentur for Interest reipublicae res judicatas non rescindi et nihil est tam conveniens naturali aequitati quam unum quodque dissolvi eo ligamine quo ligatum est Co. Inst 2. part 360. 4. That if the Plaintiff upon a Judgment dye his Executors or Administrators may not proceed to take advantage thereof or have Execution thereupon till they have first sued out a Scire facias Co. Inst 2. part 288 394. The Method of proceeding in a Judgment is as followeth viz. The Judgment being past the Plaintiff may choose his Execution and to pursue it But he is first to take care that this Judgment be entred in due and legal form which you may see in the Book of Entries Then he must be careful in the choyce of his Execution As for Example If he make choyce of an Elegit it is to be directed to the Sheriff in the form by Law prescribed for which see F.N.B. and the Old N. B. Then the Sheriff having received the Writ must summon a Jury and this Jury is to inquire and return what Fee-simple Fee-tail or for life Lands Goods or Chattels the Defendant had at the time of the Judgment or at any time after And this must be very carefully done the finding must have certainty in it by the quality of the Land as the Mannor of H. a Messuage and 20 Acres of Land Meadow and Pasture in D. in the occupation of J. S. of the value of c. 5. pound Rent c. Then the Sheriff is either at the same time or some time afterward to deliver the one moyety thereof and this last he alone doth without the Jury And herein care must be had that they do it by meets and bounds and that he do certainly describe that which he doth so deliver and that he deliver what is divideable and therefore that he do not divide a Mannor and deliver the moyety thereof for by this means he may destroy the Mannor And if the Sheriff shall deliver too much the Court at the return of the Writ may quash it and order a new Inquiry When the Plaintiff is satisfied by incursion of time the Defendant may re-enter upon his Land without more ado but if he hath received satisfaction by some accidental improvement of the Land there he is to call the party into Court out of which the Writ issued and there to do it by Scire facias Co. 5.38 39. But all Executions are to be taken out within a year after the Judgment else no Execution can be made out without first suing forth a Scire facias Westm 2.45 13 Edw. 1. The Execution upon a Judgment shall relate to the day of the Writs date and the award of the Writ of Execution shall bind all the Goods of him against whom Judgment is which he had at the day of the Execution awarded The Entry of a Judgement may be stayed and arrested if the Court shall see cause That a Judgment may be for a part of the thing only in demand or for the whole That a Judgment may be erroneous and avoidable by a Writ of Error for many causes Cro. 2.303 That after Judgment no Issue shall be taken Cro. 2.126 That when a Judgment is reversed for Error the Party is restored to his first remedy Co. 8.141 The Forms and Presidents of these things vary according as the case requires and being only practicable by Attorneys who are or ought to be well versed therein we will trouble the Reader with them but in the next place shew the several Statutes that speak of the same Stat. Westm 2.18 13 E. 1 That he that recovereth debt or damage in the Kings Court may at his choyce have a Fieri facias of the Lands and Chattels of the Debtor or a Writ for the Sheriff to deliver him all the Chattels of the debtor except Oxen and Plough-Beasts and the moyety of his Land by a reasonable extent till the debt be levied And if he be Ejected out of the Land he shall have an Assise and afterwards a Writ of Redisseisin if need be And this last Writ is called an Elegit which is given upon a Statute also Stat. 32 H. 8. cap. 5. That for all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things inrolled the Execution shall be within the year but after the year a Scire facias whereupon if satisfaction be not made or good cause shewed the Sheriff shall be commanded to Execution That if Lands delivered in Execution upon just cause be recovered without Fraud from the Tenant in Execution before he shall have levied and received his whole debt and damages he may have a Scire facias out of the Court from whence he had the Execution returnable in the same Court at a day Forty dayes at the least after the date of such Scire facias at which day if the Defendant being lawfully warned make default or do appear and do not plead a sufficient cause other than the former acceptance of the Lands to avoid the said Suit for the residue of the said debt and damages the said Court shall issue forth a new Writ of Execution for the levying thereof Stat. 1 Jac. cap. 13. If any taken in Execution be delivered by Priviledg of Parliament as soon as the Priviledg ceases the Plaintiff his Executors or Administrators may sue out a new Execution against him and the Sheriff or other Officer shall not be chargeable for the first Arrest Stat. 3 Jac. cap. 8. That no Execution is to be stayed upon any Writ of Error or Supersedeas upon it for reversing of a Judgment for debt or upon a Contract till the Plaintiff be bound in Recognizance with two Sureties in that Court in double the Summe of the Judgment to prosecute it with effect and pay the debt costs and damages if the Judgment be affirmed Stat. 21 Jac. cap. 24. That the party at whose Suit any one is in Execution for debt or damages recovered their Executors or Administrators may after the death of the person so charged and dying in Execution lawfully sue forth new Execution against the Lands and Tenements Goods and Chattels of the person so deceased in like manner as if the person so deceased had never been taken in Execution Howbeit this Act shall
himself his Executors c. doth covenant and grant to and with the said C. P his Executors c. that he the said I. S. at the time of the ensealing and delivery of these present Indentures is solely rightfully and absolutely seized in his Demeasn as of Fee-simple to his own proper use and behoof without any manner of condition or limitation of any Use or Uses to alter change or determine the same of and in the said Mannors Messuages Lands Tenements Hereditaments and all other the Premises above named with their Appurtenances and of every part and parcel thereof And that he now hath full Power and lawful Authority to charge all and singular the same Premises with the Appurtenances and every part thereof to and with the said Annuity or yearly Rent c. in manner and form above declared And also that the said Mannors Messuages Lands Tenements and all other the Premises now are and so from time to time and at all times for and during the said term of forty years if the said R. and C or either of them shall so long live shall and may remain and continue liable sufficient and avert to and for Distresse and Distresses of the said A and of his Executors or Assigns as the case in that behalf shall require for and concerning the said yearly Rent and other the Premises and every part thereof And the said I. S. for himself c. that he the said I. S his Executors and Assigns shall and will from time to time and at all times hereafter for and during the space of five years next ensuing the date hereof at the reasonable request of the said C. P his Executors and Assigns or any of them at his or their or any of their proper costs and charges in Law do make knowledge and suffer or cause and procure to be done made knowledged and suffered all and every such further reasonable and lawful act and acts thing and things device and devices in the Law whatsoever for the further more better and perfect assurance surety and sure-making of the said Annuity or yearly Rent-charge of c. to the said C. P his Executors and Assigns for and during the said term of forty years if the said C. and R. do so long live according to the true intent and meaning of these presents as by the said C. P his Executors Administrators or Assigns or by any of them or by any of their Council learned in the Law shall be reasonably devised advised or required In witness whereof the Parties aforesaid to these present Indentures have not onely interchangeably set their c. but also the said I. S. hath given and delivered unto the said C. P. ten shillings current English money in the name of seisin of the aforesaid Annuity or yearly Rent-charge of c. before mentioned Dated the day and year above written An Indenture of Lease with extraordinary Covenant THis Indenture made c. between C. B. of c. of the one part and I. S. of Stretton in the County of c. witnesseth That the said C. B. for and in consideration of c. hath demised granted set and to farm-let and by these presents doth c. unto the said I. S. all that his Messuage or Tenement set lying and being in c. aforesaid together with all Houses Edifices Buildings Barns Yards Orchards Crofts Lands Meadows Pastures Feedings Commons Profits and Commodities whatsoever to the said Messuage or Tenement of right in any wise belonging lying within the Town or Fields of Stretton aforesaid All which Messuage or Tenement with all other the Premises are now in the Occupation of the said I. S. except and alwayes reserved out of this present Lease all manner of Trees growing or being in or upon the said Premises or any part thereof to have and to hold the said Messuage or Tenement with all Houses Edifices Buildings Barns Yards Orchards Crofts Lands Meadows Pastures Commons Profits and Commodities with their Appurtenances as is aforesaid except before excepted unto the said I. S his Executors c. from the day of the date of these presents unto the full end and term of 21 years from thence next ensuing and fully to be compleat and ended yielding and paying therefore yearly during the said term unto the said C. B. and the Heirs of his body lawfully begotten and for default of such Issue to the right Heirs inheritable to the Premises the yearly Rent of c. at two of the usual Feasts in the year that is to say at the Annunciation of our Lady and St. Michael the Archangel by even and equal portions and doing service to the Court of the said C. B. his Heirs and others aforesaid at his or their Mannor of S. aforesaid as often as it shall be kept there at or upon reasonable summons or warning as other Tenants of the said Mannor do or should do And at the decease of the said I. S. and such his Assigns as hereafter by him shall be nominated or appointed dying Tenants of the Premises to pay his or their best Beast unto the said C. B and to such as the remainder or reversion of the said Mannor should come unto in the name of a Heriot And if it shall happen the said yearly Rent of c. to be behind or unpaid in part or in all by the space of c. next after any of the said Feasts at which it ought to be paid if it be lawfully demanded that then and from thenceforth it shall and may be lawful unto and for the said C. B. his Heirs c. and all and every other the person or persons above named to whom the Right thereof shall appertain as aforesaid into the said Messuage or Tenement and all other the Premises with the Appurtenances wholly to re-enter and the same to have again retain and re-possess as in his or their former estate this Indenture or any thing therein contained to the contrary in any wise notwithstanding And also it is covenanted and agreed that it shall and may be lawful unto the said I. S. and his Assigns to lop the Trees growing upon any parcel of the Premises heretofore lopped at all times convenient For Reparation for the necessary fencing of the Hedges And the said I. S. doth Covenant and Grant for him his Executors Administrators and Assigns by these presents to and with the said C. B. his Heirs Executors Administrators and Assigns and every of them That he the said I. S. and his Assigns shall and will make and do or cause to be made or done at his or their own proper costs and charges all and all manner of reparations in and upon the Premises before by these presents granted and letten from time to time when and as often as need shall require during the said term of c. and so well and sufficiently repaired shall in the end of the said term or other sooner determination of
this present Lease yield up and leave the same And further shall from time to time To do suit belonging to the Mills of the said Mannor during the said term do his or their suit for or belonging to the Mill or Mills of the said C. B. within the said Mannor of S. aforesaid and all such Corn and other Grain whatsoever as the said I. S. aforesaid doth or may accustomarily use to grind or cause to be ground to be at the same Mill or Mills ground And it is further covenanted and agreed between the said Parties that it shall and may be lawful to and for the said C. B. and his Heirs or any to whom the Right thereof shall appertain as aforesaid if it be their pleasure at any time hereafter during the said term to make an exchange of parcel or parcels of the Lands or Meadows or any part or parcel of the premises belonging to the said Messuage or Tenement and to take and have the same at his or their will and pleasure giving and allowing unto the said I. S. and his Assigns as much Land in quantity and goodness for the same in such place within the Fields of S. aforesaid as by the judgment and discretion of sour of the Tenants of the said C. B. and his Heirs or any to whom the Right thereof shall appertain as aforesaid then dwelling in S. aforesaid shall be adjudged nominated and appointed And the said I. S. covenanteth and granteth c. that he the said I. S. or his Assigns shall and will yearly during the said term at seasonable times due and convenient in the year plant or set in or upon the premises six handsome young Trees or Saplings of Oak Elm or Ash and them so planted and set shall from time to time yearly cherish preserve sustain and suffer to grow and encrease to the most profit use and behoof of the said C. B. his Heirs and Assigns for ever Provided alwayes and it is fully conditioned and agreed between the said Parties that the said I. S. shall not at any time hereafter Demise Grant Let Set Assign or by any other way or means put away or depart with the said Leases Term of years Messuage or Tenement and other the premises with the appurtenances or any part or parcel thereof or do procure or suffer to be done any act deed or thing whatsoever whereby the same or any part or parcel thereof shall or may at any time hereafter Revert Descend or come unto any person or persons whatsoever other than unto his Wife and Child at any time during the said term without the consent of the said C. B. or his Heiâ—s and other the persons aforesaid first had and obtained in Writing under his or their Hands or Seals upon pain of forfeiting of this Indenture of Lease any thing herein contained to the contrary in any wise notwithstanding And the said C. B. convenanteth for himself his Heirs Executors and Administrators c. to warrant and defend the said Messuage or Tenement and all other the premises above letten unto the said I. S. and such his Assigns as are above expressed against all and every person or persons pretending any Title to the same from by or under him the said C. B. his Heirs or Assigns during the said Term according to the true intent and meaning of these presents In witness whereof the Parties first above named unto these present Indentures interchangeably have set their Hands and Seals the day and year first above written Annoque Dom. 1636. A Deed of Gift made to One to save him harmless from all Bonds TO all Christian people to whom this present Writing shall come II. P. of c. send greeting in our Lord God everlasting Know ye That I the said I. P. as well for the indemnity discharge and saving harmless of R. B. of c. his Heirs Executors and Administrators and every of them off and from all manner of Bonds and Writings Obligatory whatsoever wherein the said R. B. is and standeth bound for me the said I. P. in any sum or sums of money to any person or persons whatsoever as also for divers other good Causes and Considerations me hereunto especially moving have given granted Grant bargained sold and confirmed and by these presents do give grant bargain sell and confirm unto the said R. B. all and singular my Leases Goods and Chartels whatsoever as well real as personal of what kind nature quality or condition soever the same are or be and in what place or places soever the same shall or may be found as well in my own custody and possession as in the hands custody and possession of any other person or persons whatsoever To have and to hold all and singular the said Leases Goods and Chattels and all other the premises with the appurtenances to the said R. B. his Heirs Executors Administrators and Assigns to his and their own proper use and behoof for ever And I the said J. P. and my Heirs all and singular the said Goods and Chattels and other the premises unto the said R. B. his Executors Administrators and Assigns to his and their own proper use as aforesaid shall and will warrant and for ever defend by these presents Provided always That if the said I. P. my Executors Administrators or Assigns or any of us do or shall from time to time and at all times hereafter clearly acquit and discharge or otherwise sufficiently save and keep harmless the said R. B. his Executors Administrators and Assigns and all his and their Goods Chattels Lands Tenements and Hereditaments and every of them off and from all and singular Bonds and Writings Obligatory whatsoever wherein or whereby the said R. B. at the request and for the debt of me the said I. P. is and standeth bound to any person or persons whatsoever in any sum or sums of money and off and from all manner of Actions Suits Charges Troubles Expences and Demands whatsoever which shall or may in any wise hereafter happen come grow or be to or against the said R. B. his Executors or Administrators or any of them for or by reason or means of the same Obligations or Writings obligatory or any of them or any thing in them or any of them mentioned or contained that then this present Deed or Grant and every thing herein contained shall be utterly void and of none effect any thing herein before specified to the contrary thereof in any wise not withstanding In witness whereof c. A Lease of a House and certain Lands made in consideration of a certain sum of money the Fee-simple being in the Leasor THis Indenture made c. between M. C. of c. Gentleman and A. C. his wife on the one part and T. E. of c. Esq on the other part witnesseth That the said M. C. and A. his wife for and in consideration of the sum of c. of lawful money of England
which shall be thereupon sued or executed at any time hereafter by the said A. H. or his Assigns shall be in any manner of wise hurt hindred disabled debarred or extinguished without the consent of the said A. H. his Executors or Assigns thereunto first had and obtained in writing under his or their Hands and Seals And further that we said I. H. and O. B. our Executors Administrators and Assigns and every of us shall and will at all times hereafter and from time to time upon request made and at the cost and charges of the said A. H. and his Assigns maintain justifie allow and confirm all such lawful Actions Suits Process Extents Executions and Proceedings whatsoever as have been or hereafter shall be brought sued forth or prosecuted against the said E. S. and R. S. or either of them their Executors or Administrators or their or any of their Lands Tenements or Goods upon or by reason of the said Judgment of Four hundred pounds above mentioned And that the said A. H. his Executors and Administrators shall and may peaceably and quietly have and hold receive and enjoy to his and their own proper uses and behoofs all such benefit sum and sums of money Lands Tenements and other things as by vertue of the said Judgment or any Extents Execution Process or Proceedings thereupon brought or to be brought sued or prosecuted shall be recovered obtained or gotten without the let sute trouble eviction or disturbance of us the said I. H. and O. B. or either of us our executors oâ— administrators and without any account or other thing to us or any of us to be therefore made or given In witness c. An Assignment of a House and Lands from one who had the same in Mortgage and was forfeited to him THis Indenture made c. between W. B. of c. on the one part and G. H. of c. on the other part witnesseth That whereas B. C. of c. by his Indenture bearing date c. and so go forward with the recitals And whereas in the said recited Indenture of Assignment there is a proviso or condition contained for redemption of the premises upon payment of one hundred pounds of c. on the sixth day of c. which then should be and since hath been in the year of our Lord God c. at or in the c. as in and by the said Proviso or Condition whereunto relation being had more fully and at large it doth and may appear which said sum of 100 l. c. or any part thereof was not paid or tendred to be paid to or for the said W. B. at the day or place in the Proviso of Redemption limited for the payment thereof and yet remaineth unpaid by reason and means whereof the said Messuage and other the premises and the whole estate lease right title and interest of the said B. C. in and to the same became forfeited unto the said W. B. and he thereby was and now is and shall be lawfully interessed and possessed in the same premises and every part thereof during all the residue and term of years which then were and yet are to come and unexpired of the term granted to the said B. C. in and by the said Indenture of Demise above-mentioned Now this Indenture further witnesseth That the said W. B. for and in consideration of the sum of c. to him in hand paid by the said G. H. at and before the ensealing and delivery of these presents whereof and wherewith c. Hath given granted bargained sold and assigned over and by these presents doth fully clearly and absolutely give grant c. unto the said G. H. his executors administrators and assigns as well the said Messuage Tenement Yards Gardens Orchards and Closes to the same adjoyning and belonging Together also with all and every the arable Lands Meadows Pastures Feedings Profits Commodities and Hereditaments whatsoever to the said Messuage belonging or in any wise appertaining And all other the premises with appurtenances whatsoever in and by the said Indenture of Demise granted to the said W. B. as aforesaid As also all the Estate Right Title Interest Property Possession term of years claim and demand whatsoever which he the said W. B. his executors administrators or assigns now have hath may might should or in any wise ought to have or claim of in or to the said Messuage and other the premises with the appurtenances and every or any of them or any part or parcel thereof by force and vertue of the said Indenture of Mortgage or Assignment above recited or either of them or any thing in them or any of them mentioned oâ— contained or by any other wayes or means whatsoever together with the same Indenture of Demise and Mortgage aforesaid and all and every other Writings and Minuments concerning the same To have and to hold the said Messuage Yards Gardens Orchards Lands Meadows Pastures Feedings Indenture of Demise and Mortgage Writings and Minuments Estate Right Title Interest and term of Years and all and singular other the premises with the appurtenances before by these presents bargain'd sold assign'd and set over and every part and parcel thereof unto the said G. H. his executors administrators and assigns to his and their own proper uses and behoofs in as large ample and beneficial manner and form to all intents constructions and purposes as he the said W. B. now hath may might should or in any wise ought to have and enjoy the same by force and vertue of the said Indenture of Lease or Demise or the said Indenture of Mortgage aforesaid or either of them or any thing in them or any of them mentioned or expressed or otherwise howsoever a Covenant for discharge of Incumbrances in witness whereof c. A Mortgage of a Lease for indempnity of certain Sureties bound in aâ— Obligation made to another in trust for their use THis Indenture made the c. Between H. H. of c. Gentleman on the one part and R. N. of c. I. N. and R. D. of c. Gentleman on the other part witnesseth That whereas c. as in and by the said Indenture of Lease amongst other things more fully and at large appeareth And whereas the said I.N. and R. D. at the request and for the debt of the said H. H. together with him in and by one Obligation with Condition endorsed bearing Date with these presents are and stand joyntly and severally bounden unto R. S. of c. in the sum of c. for the true payment of c. on the c. at or in the c. as in and by the said recited Obligation and Condition thereof more at large it doth and may appear Now this Indenture further witnesseth That the said H. H. for the Indempnity and Discharge of R. and D. their Heirs Executors and Administrators and every of them of and from the said recited Obligation and all sum and
Escripts and Monuments before by these presents bargained and sold as also all the true Copies of all such other Deeds and Writings as do touch and concern the before bargained premises or any part thereof Together with any other Lands Tenements or Hereditaments not before mentioned The said Copies to be written at the Cost of the said D. his Heirs and Assigns An Assignment with a Proviso to have the Lease again upon payment of a sum of money THis Indenture made c. between G. B of c. of the one part and W. H. of c. of the other part Whereas one R. G. and his Wife by their Deed indented bearing date c. for the consideration in the said Deed indented expressed did demise grant and to farm-let unto the said G. B. all that the moyety and half-deal of the Mannor of D. with the appurtenances set lying and being in c. and the moyety and half-deal of all their Messuages Dove-houses Edifices Buildings Lands Tenements Rents Reversions Services Mills Meadows Leasows Pastures Woods Under-woods Commons Heaths Profits Commodities and Hereditaments to the said Mannor of c. belonging set lying and being within the Town Fields Parishes and Hamlets of C. N. D. within the said County of G. or accepted reputed or taken c. To have and to hold c. with divers Covenants Articles Agreements and Reservations in the said Indenture contained as by the said Indenture c. Now this Indenture witnesseth That the said G. B. for divers and sundry c. hath given granted alienated assigned and set over and by these presents doth c. as well the said moyety c. as also all the Estate Right Title Use Interest Possession Claim and Demand whatsoever of the said G. B. had and made as is aforesaid To have and to hold the said moyety and half-deal of the said Mannor of D. with the appurtenances and all the Estate Right Title Use Interest Clatm Possession and Demand whatsoever of the said G. B. c. Provided nevertheless and it is agreed between the said Parties to these presents That if the said G. B. his Heirs Executors or Assigns or any of them do at any time hereafter pay and deliver or cause to be paid and delivered unto the said W. H. his Executors or Assigns or any of them the sum of c. of lawful money of England at one entire payment at or in the Church-Porch of the Parish-Church of C. aforesaid within the said County of G. at or in the place where the said Parish-Church now standeth that then and from thenceforth as well this present Grant and Assignment and every Clause Article and Sentence herein contained to be utterly void frustrate and of one effect as also that then and from thenceforth the said moyety of the said Mannor of D. and al other the premises whatsoever with their appurtenances and every part and parcel thereof by these presents assigned and set over unto the said W. H. shall come and be to the said G. B. his Executors and Assigns for and during all the number of years that shall at the time of the payment to be had and made in manner and form aforesaid be then to come and unexpired of the said term of c. years granted unto the said G. B. Executors and Assigns as is aforesaid as though this present Indenture of assignment of the premises had not been had or made In witness c. A revoking of a pretended Contract of Matrimony LEt all Men know and take notice by these presents That we F. D. of S. and J. H. of c. being desirous to have matters cleared between us concerning such proceedings as have been about treaty of Marriage between us and that we both notwithstanding any pretence of Contract between us may hereby declare and manifest to all people that there was no absolute Contract or Engagement between us at any time for Marriage of each other but that we are free one from the other in that kind and may each of us freely marry with others We do therefore freely and without any compulsion declare manifest and make known unto all people that we the said F. D. and J. H. were never absolutely contracted together in any Contract of Matrimony neither did we nor any of us profess or declare that we would marry each other unless c. our Friends c. we do therefore hold our selves no wayes to be tyed or obliged each to other in any manner of Contract of Matrimony or for Marriage each of other and therefore we do hereby freely and absolutely release and discharge each other of and from all manner of Contracts of or for marriage heretofore had or pretended to be had or made between us and we do hereby freely and fully release acquit and discharge each other of us and of and from all manner of Actions Suits or Claims prosecuted or which may be begun or prosecuted in any Court Ecclesiastical or Civil concerning the premises And in testimony of our free and full consent herein we the said F. D. and J. H. have hereunto subscribed our Names the day of c. An Assignment of Lands taken upon an Extent THis Indenture made the c. between T. H. of c. and W. W. of c. of the one Party and J. B. of c. of the other Party Whereas the said T. H. lately recovered by Judgment in His Majesties Court of Kings Bench the sum of c. against T. C. of B. c. and thereupon the said T. H. in Michaelmas Term last did take and sue forth Execution by Writ of Elegit directed to the then Sheriff of the said County of W. Whereupon by Inquisition and by the Jurors then and there sworn taken by the said Sheriff at the City of c. The day of c. Amongst other things it was found That the said T. C. at the time of the said Inquisition was possessed for and during the term of c. years then to come of and in one Messuage or Tenement and divers parcels of Land Meadow and Pasture to the said Messuage or Tenement belonging or appertaining in C. in the said Parish of c. as his proper Goods Which said term and interest of the said T. C. of or in the said Messuage or Tenement the Jury at the time of the said Inquisition did apprize and value at c. pounds which said term of years the said Sheriff the day of the same Inquisition did deliver to the said T. H. at the price and apprizance aforesaid To hold unto the said T. H. and his Assigns as his proper Goods and Chattels according to the form of the Statute in that behalf made and as parcel of the same debt and damages of the said T. H. recorded as aforesaid And the said Jurors also found That the said T. C was at the time of the said Inquisition seized in his Demeasn as of Fee of and in
one Messuage and divers parcels of Land Meadow and Pasture to the said Tenement belonging or appertaining lying and being in B. c. found by particular names and quantities and then valued by the said Jurors to be worth c. yearly the moyety of which said Messuages and Premises in B. by particular names and quantities the said Sheriff did then also deliver unto the said T. H. at the rate and apprizement aforesaid To hold to the said T.H. and his Assigns as his Free-hold according to the form of the Statute made on that behalf until the residue of the said Debt of c. should be thereby fully levied as by the said Inquisition more particularly and at large it doth and may appear Which said debt so recovered by the said T.H. and the said Execution thereupon was nevertheless in trust 〈◊〉 the said W. W. party to these presents and was the proper money of the said W. W. assigned to him the said T. H. as part of the Marriage-portion of c. Now witnesseth these presents That the said W. W. and T. H. as well for and in consideration of the sum of c. paid unto the said W. W. as also for divers good Causes and Considerations them thereunto moving have granted assigned and set over and by these presents do grant assign and set over unto the said J. B. all that the said Messuage or Tenement Lands and Premises in C. aforesaid and all the Estate Interest Title and Term of Years yet to come which the said VV. and T. H. hath or either of them hath or have or might have of in or unto the said Messuage Tenement Lands and Premises and every or any part thereof by the said Extent or Inquisition aforesaid or otherwise And also all that the moyety or half-deal or part of the said Messuage or Tenement Lands and Premises in B. aforesaid and all the Estate and Interest which he the said W. W. and T. or either of them have hath or might claim of in or unto the said Messuage Lands and Premises in B. or any part or parcel thereof in as large ample and beneficial manner to all intents and purposes as the said W. W. or T. H. or either of them have hath or might hold claim or enjoy the same c. And the said W. W. and T. H. do severally and not joyntly each one for himself his Executors and Administrators covenant promise and agree to and with the said I. B. his Executors c. that he the said I. B. his c. shall and may from henceforth quietly hold occupy and enjoy all and singular the premises and every part thereof free from any former Grants Charges Assignment and Incumbrances of the premises or any part thereof made by the said W. c. or any claiming from c. And the said I. B. doth likewise by these presents for himself his Executors c. covenant promise and agree to and with the said VV. c. That he the said I. B. his Executors c. shall and will save defend and keep harmless the said VV. VV. and T. H. their Executors c. of and from all manner of Suits Troubles Charges Expences and Sums of Money which the said VV. c. shall be from henceforth at put unto sustain disburse or undergo for or by reason of the said extent or any matter or thing therein contained or that might come to happen to the said VV. c. for or by reason of the Estate which they or either of them had by extent aforesaid or any the premises hereby assigned or by any occasion or reason rising or growing therefrom or by occasion thereof In witness c. A Charter party for a Ships Voyage THis Charter party indented made the c. in the c. between L. K. Master of a Ship or Bark called The Flower-de-luce of P. in the County of D. of the Burthen of one hundred Tuns or thereabouts of the one part and C. W. and B. S. Merchants of c. Witnesseth That the said Master hath demised granted and to fraight-letten and by these presents doth demise grant and to fraight-let unto the said Merchants their Factors and Assigns all that the said Ship or Bark with her Tackling appurtenances and her apparel thereunto belonging or appertaining for and during one whole Voyage with the same Ship to be done and made in manner and form following that is to say the said Master covenanteth granteth and agreeth to and with the said Merchants and every of them That the said Ship or Bark named The Flower-de luce now being pressed and ready within the Port of the said Town of S. shall with the first good Wind and apt Weather as God shall send next after the date hereof make Sail and Sails from thence directly towards and unto the Key of the City of Roan under the Dominion of the French King and there to tarry and abide by the space of c. dayes current during the which space the said Master covenanteth there to receive into the said Ship Ware and other Merchandize such as it shall then best please the said Merchants their Factors or Assigns there to load to a compleat and full loading of the said Ship And the said Merchants and every of them covenant to and with the said Master to load or cause to be loaden there within the said space Wares and such other Merchandizes as it shall then best please the said Merchants or their Factors for their most profit to the compleat and full loading of the Ship as is aforesaid And moreover the said Master covenanteth concordeth bargaineth and agreeth to and with the said Merchants and every of them that the said Ship with her said loading laden in her within the said place shall with the first good Wind and Weather as God shall send next after the said c. dayes be come and past make Sail and Sails from thence directly towards and unto the said Port of the said Town of S. where the said Ship shall with convenient speed after her there arrival be discharged of her said lading of Wares and other Merchandize laden in her as aforesaid and the same out of the said Ship there so discharged shall be delivered unto the said Merchants or the Owners thereof as safely and well-conditioned God sending the said Ship in safety And the said Merchants and every of them covenant to and with the said Master then and there to receive the said loading laden in her as aforesaid and at the right discharge thereof to pay or cause to be paid to the said Master or his Assigns the sum of c. and also to pay during the said Voyage Windage Groundage Pilotage and Loadmanage and all other Arrerages as in English Ships are accustomed And the said Master covenanteth that the said Ship is and during the said Voyage shall be stiffe strong and stanch well and sufficiently victualled rigged and apparelled with sufficient
or from the said Mannor or any of the Lands Tenements and other the aforesaid premises without any fraud or covin of the said R. D. and B. or either of them their Heirs or Assigns by reason of any Right Title Estate of Interest to be had or made by R. W. the Grand-father or I. W. the Father of the said I. or the said I. or by any other person or persons claiming in by or under their or any of their Estates Titles or Interests That then he the said I. his Heirs Executors or Administrators or some of them shall and will within six moneths next after such eviction so to be had of the said Mannor or of any other the premiles or any part or parcel thereof upon reasonable request to be made at or in the c. well and truly pay or cause to be paid unto the said R. D. and B. their Heirs and Assigns for every Acre five pound and so after that rate and rate-like and that without fraud covin or further delay In witness c. An Indenture to lead the use of a Fine THis Indenture made the c. between F. G. of c. of the one part and R. VV. of c. of the other part VVhereas it is condescended unto and agreed between the said F. G. his Heirs c. and the said R. VV. his Heirs c. that the said F. G. his Heirs shall from time to time during two years next ensuing the date of these Indentures do cause suffer and make such assurance of his Mannors of M. and S. in the County of D. and the Advowson of the Church of A. and of all his Lands Tenements Rents Reversions Services and Hereditaments whatsoever in M. and D. in the County of D. in such manner and form as by the said R. VV. his Heirs and Assigns or his or their Council learned in the Law shall be reasonably devised advised or required at the Costs and Charges of the said R. VV. Now witnesseth this Indenture That the said R. VV. hath devised that the said F. G. at the term of Saint Hillary next ensuing the date above-written shall levy and acknowledge one Fine c. of the said Mannors Lands Tenements Advowsons and all other the premises to the said R. VV. and his Heirs in due form of Law which Fine so to be had levied and executed touching and concerning the said Mannor of M. c. and all the Lands Tenements Meadows Leasows Pastures and Hereditaments with the appurtenances to the said Mannor of M. c. belonging to the said F. G. for himself and his Heirs doth covenant and grant to and with the said R. VV. by these presents shall stand and be to the use of the said F. G. during his life without impeachment of waste and after his Decease to the use of the said R. VV. and D. his wife and of the Heirs of the said R. on the body of the said D. lawfully begotten and for default of such Issue to the right Heirs of the said R. VV. for ever And which Fine to be levied and executed touching and concerning all the residue of the premises the said F. G. for him and his Heirs doth covenant and grant to and with R. VV. by these presents that the said Fine shall stand and be to the use of the said F. G. and I. now his wife and the Heirs of the said F. upon the Body of the said I. begotten And for default of such Issue then to the use of the said R. VV. and D. and of the Heirs of the Body of the said R. and D. between them lawfully begotten and for default of such Issue then to the right Heirs of the said R. VV. for ever In witness c. An Indenture of Demise of divers Lands c. in consideration of a sum of Money paying a Pepper-corn yearly THis Indenture made the third day of May 1649. c. between Sir T. B. of D. in the County of c. Knight and Baronet and M. H. of D. aforesaid Gentleman Servant to the faid Sir T. B. of the one part and Sir W. T. of C. in the County of N. Knight of the other part Witnesseth That the said Sir T. B. and M. H. as well for and in consideration of the sum of c. of lawful money of England to them in hand paid before the ensealing and delivery hereof by the said Sir W. T. whereof and wherewith the said Sir T. B. doth acknowledge himself satisfied contented and paid and thereof and of every part and parcel thereof doth acquir and discharge the said Sir W. T. his Heirs Executors and Administrators and every of them by these presents as also for divers other good Causes and Considerations them hereunto moving Have demised granted and to farm-letten and by these presents do demise grant and to farm-let unto the said Sir W. T. his Executors Administrators and Assigns all those several Closes or parcels of Land Meadow Pasture and Arable called or known by their several Names following That is to say one Close or parcel of Ground called D. containing by estimation c. Acres be the same more or less and one other Close or parcel of Land called E. containing by estimation c. Acres be the same more or less And one Close or parcel of L. and called C. containing by estimation c. Acres be the same more or less c. All and singular which said Closes and parcels of Lands are scituate lying and being within the Fields Parishes Precincts and Territories of H. alias H. in the County of L. and are part and parcel or reputed and taken to be part or parcel of the Mannor of H. alias H. aforesaid And also all singular Messuages Tenements Buildings Orchards Gardens Commons Common of Pasture Waters Fishings Woods Underwoods Trees Bushes Fences Free-boards Wayes Easements and all other Rights Jurisdictions Priviledges Franchises Liberties Profits Conditions Emoluments and Hereditaments whatsoever growing arising being coming or issuing in upon or out of the premises and every part and parcel thereof or to the same or any part thereof belonging or appertaining To have and to hold all and singular the said Closes and parcels of Land and all and singular the premises and every part and parcel thereof with their and every of their Rights Members and Appurtenances unto the said Sir W. T. his Executors Administrators and Assigns from the first day of May last past before the date hereof unto the full end and term of One thousand years from thence next immediately ensuing and fully to be compleat and ended Yielding and paying therefore yearly during the said term unto the said Sir T. B. his Heirs or Assigns one Pepper-corn at the Feast of Saint Michael the Arch-angel only if the same be lawfully demanded And the said Sir T. B. and M. H. for them their Heirs and Assigns do joyntly and severally covenant grant and agree to and with the said Sir W.
doth for himself his c. covenant promise and grant to and with the said C. D. his c. and every of them by these presents That if the said C. D. his c. or any of them shall at any time or times hereafter during the time and term by these presents granted desire to depart from the said Messuage or Tenement and Premises hereby demised and to surrender and yield up the same Premises unto the said A. B. his c. and of such his or their desire to give warning in writing under his or their Hands to the said A. B. his c. at the house of the said A. B. at any of the Feasts or Dayes of Payment aforesaid one whole year before he or they shall depart from the premises And do and shall accordingly surrender and yield up the said Premises unto the said A. B. his c. well and sufficiently repaired hedged ditched amended pailed and fenced as the same ought to be together with the said Implements of Houshold according to the true meaning of these presents that then upon such warning given and surrendred or other assurance made of the premises as aforesaid he the said A. B. his c. shall and will accept the same and take into their Hands and Possession the said Capital Messuage or Tenement and all other the premises with their appurtenances according to the true intent and meaning of these presents Provided also if it shall happen the said yearly Rent or Sum of c. or any part thereof to be behind and unpaid in part or in all by the space of ten dayes next over or after any of the Feasts or Dayes of payment aforesaid wherein the same ought to be paid as aforesaid being lawfully demanded or if the said C. D. his c. do not well and truly observe perform fulfil pay and keep all and every the Covenants Articles Payments and Agreements in these presents contained which on his and their parts are and ought to be observed performed paid done fulfilled and kept that then in any of the said cases and from thenceforth at any time after it shall and may be lawful to and for the said A. B. his c. into the said Capital Messuage or Tenement and all and singular other the premises with the appurtenances and every part thereof wholly to re-enter and the same to have again retain re-possess and re-enjoy as in his and their first and former estate and the said C. D. his c. thereout and from thence utterly to expel put and amove this Indenture or any thing herein contained to the contrary thereof in any wise notwithstanding And lastly the said A. B. for himself his c. that he the said C. D. his c. and every of them paying the said yearly rent of c. and paying doing and performing the covenants payments provisoes and agreements in these presents mentioned which on his or their parts are or ought to be paid done performed and kept according to the true intent and meaning of these presents shall or may lawfully peaceably and quietly have hold use occupy possess and enjoy the said Messuage or Tenement and all other the premises before by these presents demised except before excepted for and during all the said term of one and twenty years before granted without any lawful let suit trouble denial eviction interruption or disturbance of the said A. B. his Heirs Executors Administrators or Assigns or any of them or any other person or persons whatsoever lawfully claiming by from or under him them or any of them In witness c. An absolute Bargain and Sale of a House and Land THis Indenture made c. between A. B. of c. of the one part and C. D of c. of the other part witnesseth That the said A. B. for and in consideration of the sum of c. to him in hand at and before the sealing and delivery of these presents by the said C. D. well and truly paid the receipt whereof he the said A B. doth hereby acknowledge himself therewith fully satisfied and paid and thereof and of every part and parcel thereof doth clearly acquit exonerate and discharge the said C. D. his Heirs Executors and Administrators for ever by these presents hath given granted aliened bargained sold enfeoffed and confirmed and by these presents doth fully clearly and absolutely give grant bargain sell alien enfeoff and confirm unto the said C. D. his Heirs and Assigns for ever all that the c. with all and singular it's rights members jurisdictions and appurtenances together with all Houses Edifices Buildings Barns Stables Orchards Gardens Yards Back-sides Easements Lands Tenements Meadows Feedings Pastures Woods Under-woods Wayes Easements Profits Commodities Common of Pasture Hereditaments and Appurtenances whatsoever to the said Messuage or Tenement and Premises or to any part or parcel of them belonging or in any wise appertaining all which said Messuage Lands Tenements Feedings Pastures Closes and Hereditaments with their and every of their rights members and appurtenances whatsoever before in and by these presents mentioned or intended to be granted are scituate lying and being within the Township of H. aforesaid in the said County of c. and now or late in the Tenure or Occupation of the said A. B. or of his Assignee or Assignees and the Reversion and Reversions Remainder and Remainders of all and singular the before mentioned premises and all Rent and Rents reserved upon any Grant and Grants Demise and Demises made of the premises or of any part or parcel of them And also all the Estate Right Title Interest Use Possession Property Claim and Demand whatsoever of him the said A. B. in or to the same and all Deeds Writings Evidences Charters Transcripts of Fines Court-Rolls Escripts and Monuments whatsoever touching or concerning the premises or any part or parcel of them To have and to hold the said Messuage or Tenement and all and singular other the premises hereby granted bargained and sold or mentioned to be herein or hereby granted bargained and sold with their and every of their rights members and appurtenances whatsoever unto the said C. D. his Heirs and Assigns to the only proper use and behoof of the said C. D. his Heirs and Assigns for ever And the said A. B. for himself and his Heirs c. the said Messuage or Tenement and all and singular other the premises before granted bargained and sold with the appurtenances unto the said C. D. and his Heirs to the only proper use and behoof of the said C. D. his Heirs and Assigns for ever against him the said A. B. his Heirs and Assigns and all and every other person and persons whatsoever lawfully claiming by from or under him them or any of them shall and will warrant and for ever defend by these presents And the said A. B. for himself his Heirs Executors and Administrators do covenant promise grant and agree to and
and every of them doth covenant promise and grant to and with the said A. B. and J. G. and either of them and the Executors c. of them and either of them by these presents that he the said R. L. his Heirs and Assigns shall and will from and after the Feast of Saint Bartholomew the Apostle and from and after the said Marriage so had and solemnized stand and be seized of and in all that the Site or Seat of the Rectory or Parsonage of East-Church and of and in all Houses and Buildings thereupon built standing or being And of and in one Field or Close of Pasture with the appurtenances thereunto adjoyning containing together with the said Scite of the said Rectory by estimation forty acres be it more or less And of and in a parcel of Ground called Harleys Spring containing by estimation one acre c. And of and in one Meadow containing by estimation forty acres be it more or less And of and in one piece of Ground called Reeds Meadow containing by estimation nine and twenty acres be it more or less And of and in one Field called Frogs-Field containing by estimation two and fifty acres be it more or less And of and in one parcel of Land called Parsonage Hill-field containing by estimation 37 acres be it more or less And of and in all those Lands Closes Meadows Feedings and Pastures called or known by the name or names of Stone-pit and Stone-pike containing in the whole by estimation four hundred acres be they more or less And of and in one other piece of Land called Bercon-field containing by estimation twenty nine acres be it more or less And of and in one Cottage with one Rood of Land thereunto belonging or occupied with the same in which Cottage or House one R. D. did lately dwell All which premises are scituate lying and being in E. aforesaid and now are in the occupation of c. and of and in all other the Lands Tenements Rents Reversions Services and Hereditaments of the said R. L. in the said Parish of E. in the said County of K. to the onely use and behoof of the said R. L. and the said A. and of the Heirs and Assigns of the said R. L. for ever for the Joynture of the said A. if the said A. shall happen to survive and over-live the said R. L. And the said R. L. doth covenant and grant for himself his Heirs Executors Administrators and Assigns by these presents to and with the said A. B. and J. G. and either of them and the Heirs Executors and Administrators of them and either of them in manner and form following That is to say That he the said R. L. his Heirs Executors Administrators or Assigns shall and will at all time and times hereafter and from time to time sufficiently save and keep harmless and indempnified the said Site Lands Tenements and Hereditaments and all other the premises and every part and parcel thereof of and from all former and other Bargains Sales Gifts Grants Leases Statutes-Merchant and of the Staple Recognizances c. and of and from all other Charges Troubles and Incumbrances whatsoever had made committed or done by the said R. L. or by any other person or persons whatsoever by his means title consent or procurement the Rents and Services from thenceforth to grow due to the chief Lord or Lords of the Fee or Fees of the premises only excepted and fore-prized and that the said Site Lands Tenements and other the premises now be of the clear yearly value of 200 l. over and above all charges and reprizes And further that the said R. L. and all and every other person and persons and his and their Heirs lawfully having claiming or rightfully pretending to have any Estate Right Title or Interest of in or to the said Scite Lands Tenements and all other the premises or any part or parcel thereof by or from the said R. L. shall and will from time to time and at all times hereafter during the space of two years next ensuing the date hereof further do make acknowledge and execute all and every such other reasonable act and acts thing and things device and devices assurance and assurances in the Law whatsoever as by the said A. B. and J. G. or either of them or the Executors or Assigns of either of them or their or any of their Council learned in the Law shall be reasonably devised or advised and at the costs and charges of the said R. L. his Heirs Executors or Administrators for the better and more perfect assuring and making sure of all and singular the premises to the said A. for term of her life only in form aforesaid so that there be not any other or further warranty therein comprised than only against the said R. L. and his Heirs And further it is covenanted granted and agreed by and between the said Parties to these presents and the said R. L. doth covenant c. to and with c. that all Feoffments Fines Conveyances and Assurances to be had made knowledged done suffered or executed by the said R. L. during the life of the said A. H. shall be to the uses intents and purposes aforesaid and to none other c. And further that she the said A. from and after the decease of the said R. L. during her natural life shall or may have hold and quietly enjoy the said Lands Tenements Rents Reversions Services and all other the premises without any lawful let suit trouble eviction interruption or disturbance of the Heirs and Assigns of the said R. L. or of any other person or persons whatsoever lawfully claiming by from or under the said R. L. his c. And further it is covenanted c. by and between the c. and the said R. L. doth covenant c. in manner c. that he the said R. L. his Heirs Executors or Administrators shall not at any time or times hereafter inter-meddle with have receive or take the portion or portions legacy or legacies sum or sums of money pertaining or belonging given and bequeathed due or to be due to W. H. T. H. and J. H. the Children of the said c or any of them or with the increase and profits thereof or by reason of the same arising coming or growing or that shall hereafter arise come or grow of the same or any part or parcel of the same increase other than such parcel thereof as by covenant hereafter in these presents expressed is yearly to be paid unto the said R. L. or his Assigns for and towards the charges of bringing up the said Children but shall permit and suffer the said J. G. to have the ordering and disposing of the said increase and profits coming of the portions aforesaid for the benefit of the said Children by the appointment of the said A. and that he the said R. L. shall upon reasonable request deliver or cause to be delivered
to the said J. G. all such Bonds and Obligations wherein any person or persons are or stand bound unto the said A. for touching and concerning the portions of the said Children or otherwise as shall come to the hands and possession of the said R. L. and make seal and deliver to the said J. G. such Letter or Letters of Attorney for the recovery of the sums of money contained in the same Bonds and Obligations or any of them as by the Council learned of the said J. G. shall be thought meet and convenient and by the said J. G. required for and to the use of the said Children And that he the said R. L. shall not release or discharge the said Bonds or Obligations or any of them without the consent and agreement of the said J. C. nor revoke or countermand the said Letter of Attorney And that the said R. L. shall permit and suffer the said A. and give his assent that she shall make a Will and by the same to give and bequeath at her liberty and pleasure the sum of 500 l. and shall not countermand or revoke the same And that if it shall happen the said A. to die leaving the said R. L. that he the said R. L. his Executors Administrators or Assigns shall well and truly content c. or cause c. the said Legacies or so much of them as shall not exceed the said sum of 500 l. within one year next after the decease of the said A. at the Mansion-house of the said R. L. in T. asoresaid And further it is covenanted granted c. between the c. and the said J. G. for himself his Heirs Executors Administrators and Assigns doth covenant and grant to and with the said R. L. his Executors and Administrators in manner and form following that is to say That he the said J. G. or his Assigns shall yearly from and after the said Marriage so had and solemnized as aforesaid and during so long time as the said Children or any of them shall be at the finding and providing for of the said R. L. well and truly content c. or cause c. to the said R.L. or his Assigns for every of the said Children so being c. the yearly sum of c. at the Feasts of c. by even and equal portions out of the increase and profits of their respective portions as aforesaid and that he the said J. G. shall imploy and bestow the residue of the increase and profits which shall come or grow of the said portions or stocks from time to time in such sort and manner as the said A. shall appoint for the further benefit and condition of the said Children and then he the said J. G. shall from time to time when he shall be thereunto required by the said A. yield and make unto the said A. a just true and perfect account of the said increase or profits coming or arising of the portions aforesaid In witness c. A Condition where one buyeth Lands the Seller is bound that the Land is free from Incumbrances THe Condition c. That whereas the within-bonnden A. B. hath bargained and sold unto the within-named C. D. and his Heirs for ever all that his Messuage or Dwelling-house Lands Feedings Meadows Pastures Rents Profits and other Hereditaments whatsoever thereunto belonging with their appurtenances et lying and being in the Town and Field of c. in the County of c. If therefore the said Messuage or Dwelling-house Lands and all other the premises and every part and parcel thereof at the day of the date within written be clearly discharged of and from all and all manner of former and other Gifts Grants Leases Bargains Sales Joyntures Dowers Rights and Titles of Dower Rents arrerages of Rent Statutes-Merchant and of the Staple Feoffments Annuities c. and of and from all other Titles Charges and Incumbrances whatsoever had made done committed or suffered or to be had made done committed or suffered by the said A. B. his Heirs or Assigns or by any other person or persons by his their or any of their means act title consent assent or procurement the Rents and Services which from the day of the date within-written shall grow due to be paid and performed to the chief Lord or Lords of the Fee or Fees of the premises only excepted That then c. or else c. A Condition for a Brewers Clerk THe Condition of c. That whereas the within-named J. D. hath before the day of the date within-written entertained into his Service the within-bound J. H. to serve in the room place or office of a Dray-Clerk or Beer-Clerk If therefore the said J. H. doth and shall during the time of his service in the said Office or Place carefully and diligently use and imploy himself and his best endeavours in the said Room or Office and do once in every week weekly during the continuance of his service in the said Office make and give to the said J. D. his Executors or Assigns a true just and perfect accompt in writing at the Messuage or Beerhouse of him the said J. D. situate c. of all such Beer Goods and Money of the said J. D. as by any wayes or means shall come to the Hands Charge Custody or Possession of the said J. H. And likewise do from week to week upon every Monday weekly during the said term at the place aforesaid content and pay unto the said J. D. his Executors or Assigns all such sum and sums of Money as the said J. H. shall have received of any person or persons whatsoever due or any wise belonging unto the said J. D. his Executors or Assigns And further if the said J. H. do not deliver on trust to any Customer or Customers or any other person or persons now not served by the said J. D. above four Barrels of Beer at the most before such time as he shall have made the said J D. acquainted therewith and of what estate and condition all and every such new Customers are of and also shall have the consent of him the said J. D. thereunto And further if the said J. H. do not depart from the service of him the said J. D. his Executors Administrators or Assigns before such payment and satisfaction shall be made by him the said J. H. unto the said J. D. his Executors Administrators or Assigns of all such Goods Arrerages Debts Summe and Summes of Money as he the said J. H. shall be found to be indebted unto the said J. D. his Executors or Assigns or any of them and if in case it shall happen the said J. H. to die or depart this life during the continuance of the said Office or Place of Beer-Clerk to the said J. D. his Executors or Assigns Then if the Executors Administrators or Assigns of the said J. H. do or shall within one moneth next ensuing after the decease of the
said J. H. well and truly satisfie and pay or cause to be satisfied and paid unto the said J. D. his Executors Administrators or Assigns at the said Brew-house all such Arrerages Debts Sum and Sums of Money as the said J. H. shall be found to be indebted and to â—â—e unto the said J. D. his Executors or Assigns or any of them at the time of such decease of him the said J. H. without fraud or coven That then this c. or else to c. The End of the First Part. Part 2. A Deed of Joynture whereby Tho. N. in consideration of a Marriage intended between Tho. his Son and Sarah Mer. granteth and infeoffeth Lands to Friends in trust under a Proviso to be void upon Assurance of other Lands by John N. Heir of Thomas the Father of as good value and to the like uses THis Indenture made the first day of June in the year of our Lord God according to the computation used in England 1651. between T. N. of c. of the one part and I. I. H. E. and S. R. of the other part witnesseth That the said T. N. for and in consideration of Marriage already agreed upon and shortly by Gods Grace to be had and solemnized between T. N. second Son of the said T. N. and Sarah M. single-woman Daughter of M. N. late of c. deceased and for the love and affection which he beareth to his said Son and for a competent Joynture to be had and provided to and for the said Sarah and for provision of maintenance for her and for setling the Inheritance of the Lands and Tenements herein after-mentioned to such use and uses and upon such trusts and confidence as are herein declared limited or expressed and for divers other good considerations him moving hath granted enfeoffed released and confirmed and by c. unto the said I. I. H. and R. and to their Heirs and Assigns for ever all that Messuage or Tenement with the appurtenances situate c. and one yard-Yard-land Meadow or Pasture to the said Messuage or Tenement belonging that is to say one Close c. and also all Houses Edifices Buildings Barns Stables Orchards Gardens Back-sides Courts void Grounds Lands Meadows Leasows Feedings Pastures Commons Woods Under-woods Trees Hedges Rowes Wayes Waters Ponds Pools Fishings Fishing-places Profits Commodities Hereditaments and Appurtenances whatsoever to the said Messuage Tenement yard-Yard-land and Premises or any part or parcel thereof now or at any time heretofore belonging or appertaining and all Rents Reversions Remainders and Services of the said premises and every part thereof To have and to hold the said Messuage or Tenement and all and singular other the premises before mentioned meant or intended to be granted infeoffed and confirmed and every part and parcel thereof with the appurtenances to the said I. I. H. E. and S. R. to their Heirs and Assigns for ever to the only use intents and purposes hereafter in these presents limited expressed and declared and to none other use intent or purpose that is to say to the use and behoof of the said I. I. H. E. and R. S. and of their Heirs until the solemnization of the said Marriage between the said T. N. and Son and Sarah the M. and from and after the solemnization of the said Marriage to the use and behoof of the said I. I. H. E. and S. R. and of their Heirs for and during the natural life of the said Sarah and from and after the decease to the use and behoof of the said T. N. her Son for and during the term of his natural life and from and after the death of the said Sarah M. and T. N. to the use and behoof of the Heirs of the Body of the said Sarah M. by the said T. N. the Son begotten and to be begotten and for default of such Heirs to the use and behoof of the said T. N. the Son and of the Heirs of his Body and for default of such Heirs to the use of the said T. N. the Father and of his Heirs and Assigns for ever and the said T. N. the Father for himself his Heirs Executors and Administrators and every of them doth covenant promise and grant to and with the said I. I. H. E. and S. R. and every of them their and every of their Heirs and Assigns by these presents that he the said T. N. the Father at the time of the ensealing and delivery thereof is the true and lawful Owner of the Messuages Tenement and Premises and every part thereof and of and in the same and every part and parcel lawfully and rightfully seized of a good Estate of Inheritance in Fee-simple and also that he the said T. N. the Father at the time of the ensealing and delivery hereof hath full Power good Right and lawful Authority to grant convey and assure the said premises and every part thereof to the said I. I. H. E. and S. R. their Heirs and Assigns in manner and form aforesaid according to the true intent and meaning thereof and that the said Messuage Tenement and Premises and every part and parcel thereof with the appurtenances now be and are and so from time to time and at all times hereafter for ever shall or may be remain and continue unto the uses intents and purposes aforesaid and according to the true intent and meaning hereof clearly acquitted and discharged of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Mortgages Joyntures Statutes Recognizances Judgments Extents and of and from all other Titles Charges Troubles and Incumbrances whatsoever had made done committed or suffered to be done by him the said T. N. the Father or by any other person or persons whatsoever except one Indenture of Lease bearing-date c. made and granted of the premises by T. H. to the said N. H. and M. his Wise and to M. their Daughter for term of their Lives successively one after another at and under the yearly Rent of Forty shillings of lawful money of England quarterly to be paid by even portions and also except one other Lease or Indenture bearing date c. made and granted of the said premises by the said T. N. the Father of G. M. c. for One thousand years with a Proviso to be void upon payment made of certain sums of money at certain times therein mentioned whereof only one day is past and the money then due is paid and without any let interruption challenge claim disturbance or incumbrance of or by him the said T. N. the Father or his Heirs and without any lawful let or interruption challenge claim disturbance or incumbrance of or by him the said T. N. or any other person or persons claiming or to claim by or under him or his Estate Right Title or Interest except such as shall or may claim by or under the Leases before excepted or either of them and for the term thereby granted only and
or to claim by or under him or deriving any authority by or under him them or any of them shall at any time hereafter enter into receive take or intermeddle with the said Mannors Messuages Lands Tenements Hereditaments Jewels Moneys Bonds Specialties Debts or other things before hereby mentioned meant or intended to be granted assigned or delivered by the said Phil. B. to the said Eliz. B. as aforesaid or any part or parcel thereof or any Rents Issues or Profits thereof or of any part thereof other than according to the true intent and meaning of these presents provided alwayes and it is declared to be the true intent and meaning of these presents and all the parties to the same that in case the said Marriage shall not be solemnized on or before the c. next ensuing the date hereof that then and from thenceforth these presents and every grant matter and thing herein contained shall cease determine and be utterly frustrate and void to all intents and purposes and that the said P. B. her Executors c. shall from thenceforth have and enjoy again to her and their own use and right all c. any thing c. In witness whereof to one part of this Tripartite Indenture remaining with the said Eliz. B. the said T. G. and P. B. have put their Hands and Seals to one other part remaining with the said P.B. the said T. G. and Eliz. B. have c. to the other part remaining with the said T. G. the said P. B. and E. B. have c. A. and B. his Wife being possessed of a certain Mannor and Lands Covenants with C. D. to levy a Fine thereof to certain uses with a Covenant that himself and his Wife together shall have power to let Leases for Lives or Years THis Indenture c. Between A. and B. his Wife of the one part and C. c. and D. of c. of the other part witnesseth That for the setling of the Inheritance of the Mannors Lands Tenements and Hereditaments hereafter in these presents mentioned to such use and uses and in such manner and form as is hereafter in these presents limited expressed and declared and for the enabling of the said A. and B. his Wife to make and grant Leases and Estates of and in the said Mannor Lands and Premises in such manner and form and according to the power and authority to them hereafter in these presents mentioned reserved and raised and for other good Causes and Considerations them the said A. and B. his Wife thereunto especially moving it is agreed between the said Parties and they the said A. and B. his Wife do covenant grant and agree to and with the said C. and D. and either of them their Executors and Administrators by these presents that they the said A. and B. his Wife shall and will before the end of Michaelmas term next ensuing the date hereof acknowledge and levy to the said C. and D. and to the Heirs of the said C. one Fine sur conuzance de droit c. to be sued out with Proclamations according to the form of the Statute in that case made and provided of all that the Mannor Capital Messuage Farm Baron and Demeasn Lands of c. with all and singular the Rights Members and Appurtenances thereof thereunto or to any of them belonging or reputed or used as thereunto or to any of them belonging and of all other the Messuage Lands Tenements Rents Services and Hereditaments whatsoever wherein T. J. Gent. deceased had any Estate of Inheritance in possession reversion or remainder situare lying and being or to be had or taken in or near the Towns Parishes Fields and Hamlets c. with the appurtenances and of twelve Messuages two Cottages one Water-Mill twelve Gardens three hundred Acres of Land two hundred Acres of Pasture forty Acres of Wood with the appurtenances in c. or by such other fit name or names quantities and qualities of Acres as shall be thought fit which said Fine so or in any other manner to be had and levied shall be deemed adjudged construed and expounded to be to and for the only uses intents and purposes hereafter in these presents limited expressed and declared and to and for none other use intent or purpose whatsoever that is to say to the use and behoof of the said A. for and during the term of his natural life and from and after his death to the use and behoof of the said B. for and during the term of her natural life and from after the decease of the said A and B. his Wife to the use and behoof of the Heirs of the body of the said A. on the body of the said B. begotten and to be begotten and for default of such Heirs to the use and behoof of the right Heirs of the said A. for ever and it is promised covenanted concluded agreed and declared by and between all and every the said parties to these presents that it shall and may be lawful to and for the said A. from time to time and at all or any time or times during his natural life by an Indenture or Indentures to make any Demise or Demises Grant or Grants of the said premises or of any part or parts thereof alone or amongst other things as well in possession for the term of twenty one years or under or for one two or three life or lives or for any term or number of years determinable on one two or three Lives at for and under such Rents Covenants and Conditions as to him the said A. shall seem meet so as she the said B. shall be made a Party to every such Indenture whereby any such Demise or Grant shall be made during the life of the said B. and that the said B. shall seal and deliver every such Indenture and that at all times from and after the making of any such Demise or Demises Grant or Grants the said Fine to be levied as aforesaid and the Conuzes of the same Fine and their Heirs and the Heirs of the Survivor of them shall stand and be seized of and in such part and parts as shall be so demised or granted to the use and behoof of every such Lessee or Lessees Grantee or Grantees to whom any such Demise or Demises Grant or Grants shall be so made and according to the true intent and meaning of every the same several and respective Demise or Demises Grant or Grants so as the same Lessee or Lessees Grantee or Grantees their Executors and Assigns shall pay the Rents and perform their Covenants and Conditions in such Indentures of Demises or Grants to be specified and contained according to the true intent and meaning of the same Indenture In witness c. R. C. being possessed of a Messuage c. in Fee-simple granteth the same to J. P. C. P. and G. C. Habend to them and their Heirs to certain uses viz. the use of himself for life yet
so as to pay 20 l. per annum and Meat Drink c. to his eldest Son his Wife c. and after his decease to several other uses and profits THis Indenture c. Between R. C. of c. of the one part and J.P. C. P. and G. C. of the other part witnesseth That the said R. C. for divers considerations him thereunto moving and especially for the preferment of A. his eldest Son and next Heir and for the Joynture of Alice the now Wife of the said A. and for the preferment of the Issue between the said A. and Alice lawfully begotten and to be begotten hath given granted enfeoffed and confirmed and by c. unto the said J.P. C.P. and G. C. and their Heirs all that Mansion-house or Messuage with the appurtenances wherein the said R. C. now dwelleth set lying and being c. and all the Orchards Gardens Lands Tenements Pastures Meadows Woods Commons Profits Commodities and Advantages whatsoever to the said Messuage and Premisses belonging or in any wise appertaining or being accepted reputed or used as part parcel or member thereof and the Reversion and Reversions Remainder and Remainders Rents and Services of all and singular the aforesaid premises and every part and parcel thereof To have and to hold the said Messuage or Tenement Lands Meadows Leasoes Feedings Pastures Rents Reversions Services and Hereditaments and all and singular other the premises with their and every of their appurtenances unto the said J. P. C. P. and G.C. their Heirs and Assigns for ever to this end meaning intent construction and purposes that they c. and their Heirs and the Heirs of the Survivor or Survivors of them shall from henceforth stand and be seized of the said Messuage and all and singular other the above mentioned premises and of every part and parcel thereof to the uses intents and purposes hereafter in these premises limited and declared and to none other use intent or purpose whatsoever that is to say to the use and behoof of the said R. C. for and during his natural life so as and upon condition that he the said R. C. shall from time to time during his natural life pay or cause to be paid unto the said A. and Alice his Wife and the longest liver of them the sum of 20 l. by the year at the two most usual Feasts in the year that is to say the Feast of c. by even portions to be paid during the said term or within fourteen dayes next after every of the said Feast-dayes and the first payment to be had and made upon the Feast-day of c. and the same payments to be yearly had and made in manner and form aforesaid at or within the now dwelling-house of the said A. situate c. and also upon condition that he the said R. C. shall from time to time during his natural life find give and provide unto the said A. and the said Alice his Wife and to all such Children as shall between them begotten competent sufficient and convenient Meat Drink House-room and Lodging within his said Mansion-house and after the decease of the said R. C. the said Parties above-mentioned and the Heirs of the longest liver of them shall stand and be seized of all and singular the said premises with their and every of their appurtenances to the use and behoof of the said A. and of the said Alice his Wife and of the Heirs of their two Bodies between them lawfully begotten and to be begotten and for default of such Issue to the use and behoof of R. C. one other of the Sons of the said R. C. and of the Heirs males of his Body lawfully to be begotten and for default of such Issue to the use and behoof of W. C. one other of the Sons of the said R. C. and the Heirs males of his Body lawfully to be begotten and for default of such Issue to the use of the said R. C. of his Heirs and Assigns for ever R. C. covenanteth that he is lawfully seized hath power to grant that the premises shall remain free from Incumbrances proue usual A settlement by Fine and Recovery of several Mannors Lordships c. for the raising of Moneys for payment of Debts and Childrens portions as also for entailing thereof under several Provisoes and Legacies THis Indenture Tripartite c. between the Right Honourable Edward Lord Herbert and Richard Herbert Esq Son and heir apparent of Dame Mary late wife of the said Edward Lord Herbert and sole Daughter of Sir William Herbert of St. Julians in the County of Monmouth Knight deceased of the first part the Right Honourable John Earl of Bridgewater and Edward Herbert of the Inner-Temple London Esq of the second part and Moses Loyd of c. and Henry Githins of c. of the third part witnesseth That whereas the said Edward Lord Herbert or some in trust for him is or are seized in his or their Demeasn as of Fee of some part of the Lands Tenements and Hereditaments hereafter mentioned and is also seized for term of his life as Tenant by the courtesie of England of the Mannors Messuages Lands Tenements and Hereditaments hereafter specified the Reversion thereof in Fee-simple being descended by and after the decease of the said Mary unto the said Richard Herbert now to the end that the Mannors Lordships Messuages Lands Tenements and other Hereditaments hereafter mentioned and expressed may be established vested and setled unto the said Edward Lord Herbert during his natural life and after his decease upon the said Richard Herbert and upon his name stock and posterity and to such other uses intents and purposes as are hereby appointed it is covenanted promised granted condescended concluded and agreed by and between the said parties to these presents and the said Edward Lord Herbere and Richard Herbert do for themselves their Heirs Executors Administrators and Assigns covenant promise and grant condescend and agree to and with the said John Earl of Bridgewater and Edward Herbert their Heirs Executors Administrators and Assigns and to and with every of them by these presents that they the said Edward Lord Herbert and Richard Herbert shall and will on this side and before the end of Michaelmas Term next ensuing and coming after the date of these presents in due form of Law and at the equal costs and charges in the Law of the said Edward Lord Herbert and Richard Herbert levy and acknowledge to the said Moses Loyd and Humphry Githins and the Heirs of the said Moses one or more Fine or Fines sur conuzance de droit come ceo c. with Proclamations thereupon to be had and made according to the form of the Statutes in that behalf made and provided of all that Capital Messuage or Mannor-house of St. Julians with the Rights Members and Appurtenances thereof and of all and singular the Mannors Lordships Messuages Lands Tenements and Hereditaments whatsoever of them the said Edward
Lord Herbert and Richard Herbert or either of them whereof they the said E. Lord R. and H. or either of them are or do stand seized of any Estate or Inheritance within the Kingdome of Ireland by such name or names quantities qualities contents and numbers of acres of things in such manner and form as by the said E. L. H. and R. H. or either of them shall be reasonably devised or advised and required in and by which Fine or Fines so as aforesaid or in any other sort to be levied and acknowledged the said E. L. H. and R. H. shall acknowledge the said Mannors Lordships Messuages Lands Tenements Hereditaments and all and singular other the premises with their and every of their appurtenances to be comprised in every such Fine to be the right of the said M. L. as those which the said M. L. and G. H. have of the gift of the said E. L. H. and R. H. the which said Fine or Fines so as aforesaid or in any other sort to be levied and acknowledged shall be and enure and shall be deemed adjudged esteemed reputed and taken to be and enure to the use and behoof of the said M. L. L. and G. H. and their Heirs to the intent and purpose that they the said M. L. L. and H. G. may become perfect Tenants of the Free-hold of the said Mannors Messuages Lands Tenements Hereditaments and Premises with their appurtenances whereby one or more perfect common Recovery or Recoveries shall or may thereof be had and suffered in manner and form hereafter following for which intent and purpose it is hereby further covenanted and agreed by and between the said parties to these presents that it shall and may be lawful to and for the said J. E. of B. and E. H. to bring pursue and prosecute against them the said M. L. L. and H. G. one or more Writs of every sur disseism en le post of and for the said Mannors Lordships Messuages Lands Tenements Rents Hereditaments and all and singular other the premises with their and every of their appurtenances by such name or names quantities qualities contents and numbers of acres and things in such sort manner and form as by the said E. L. H. and R. H. or their or either of their Council learned in the Law shall be reasonably devised advised and required the which said writ or writs of Entry sur disseisin en le post so as aforesaid or in any other sort to be had or brought shall be returnable in such Courts and before such Judges or Justices as the said E. L. H. and R. H. or the Survivor of them his or their Council learned in the Law shall advise or think fit before the end of Michaelmas Term next ensuing after the date of these presents and the said M. K. K. and H. G. shall thereunto appear gratis and vouch over to warranty the common Vouchee who shall also appear and after imparlance had shall make default and depart in contempt of the said Court whereby one or more perfect common recovery or recoveries shall or may he had or suffered against them the said M. L. L. and H. G. of and for the said Mannors Lordships Messuages Lands Tenements Hereditaments and Premises with their appurtenances according to the usual course of common recoveries in such cases used and accustomed for assuring of Lands and Tenements the which said common recovery or recoveries so as aforesaid or in any other manner to be had and suffered and all other common Recoveries Fines Feoffments Conveyances and Assurances in the Law whatsoever since the death of the said Lady Mary Herbert wife to the said Edward Lord Herbert had made levyed suffered acknowledged or executed or at any time hereafter to be made levied suffered acknowledged or executed by or between the said Parties to these presents or any of them or whereunto they or any of them shall be parties of or concerning the said Mannors Messuages Lands Tenements Hereditaments or Premises or any of them or any part or parcel of them or any of them shall be and enure and shall be adjudged deemed esteemed reputed and taken to be and enure to the uses behoofs intents and purposes and with upon and under such Provisoes Conditions Powers and Limitations as are hereafter in and by these presents mentioned declared limited and appointed that is to say as for and concerning all and singular the said Messuages Farms Lands Tenements and Hereditaments in Tanterne in the said County of Monmouth c. to the use and behoof of the said Richard Herbert his Heirs and Assigns for ever and as for and concerning all and every other the Mannors Messuages Lands Tenements Meadows Leasowes Pastures Feedings Commons Woods Under-woods Rents Services and Hereditaments whatsoever to them the said Ed. L. H. and R. H. or either of them with their and every of their appurtenances in the said County of Monmouth to the use and behoof of the said Richard Herbert for and during the term of his natural life without impeachment of or for any manner of waste and with full power to do or commit waste and after the decease of him the said R.H. to the use and behoof of the said E.L. H. for and during the term of his natural life and after the decease of the said E. L. H. to the use and behoof of Edward Herbert eldest Son of the said Richard Herbert and of the Heits males of his body lawfully to be begotten and for default of such Issue to the use and behoof of John Herbert second Son of the said Richard and of the Heirs males of his body lawfully to be begotten and for default of such Issue to the use and behoof of Richard Herbert third Son of the said R. H. party to these presents and of the Heirs males of the body of Richard Herbert Son of the said R.H. party to these presents lawfully to be begotten and for default of such Issue to the use and behoof of the fourth Son of the body of the said Richard Herbert party to these presents on the body of the Lady Mary Herbert his wife Daughter of the said Jo. E. of B. begotten or to be begotten and of the Heirs males of the body of such fourth Son lawfully to be begotten and for default of such Issue to the use and behoof of the fifth Son of the body of the said Richard Herbert party to these presents on the body of the said Lady Mary Herbert his wife begotten or to be begotten and of the Heirs males of the body of such fifth Son lawfully to be begotten and so the sixth seventh eighth ninth and tenth and for default of such Issue to the use and behoof of all and every other Son and Sons of the body of the said Richard Herbert party to these presents to be begotten successively one after another as they and every of them shall be in seniority of age and priority of Birth the eldest
other part Whereas the said A.B. and C.D. do hold joyntly for term of certain years yet during and unexpired all that Messuage Tenement or Farm-house called c. situate in B. in the County of c. and all houses edifices buildings barns stables orchards gardens thereunto belonging with their appurtenances and also all those several Closes of arable Land called or known by the name of c. and containing by estimation c. all that great Meadow situate c. containing c. and all those Parcels or Cow-Pasture next adjoyning to c. called c. and containing c. And all that parcel of wood-ground called B. Wood with divers other Parcels with all and singular Profits and Commodities thereunto belonging or appertaining by one Indenture or demise bearing date the c. made between W. L. of c. Gent. of the one part and the said A.B. and C.D. of the other part yielding and paying therefore the yearly Rent of c. at two usual dayes of payment in the year that is to say c. by equal portions And the said A. B. and C D. do thereby covenant to pay the said Rent of c. in manner c. and also for and during the said term to repair the said Messuage and all other the Premisses as also the Hedges Ditches and Mounds belonging to the demised Premisses and at the end of the said Term do Covenant to leave the same well and sufficiently repaired into the hand of the said W. L. his c. as in and by the said Indenture of Demise relation being thereunto had it doth and may more fully and at large appear Now this Indenture witnesseth That the said A.B. and C.D. have with their full and whole consent and by and with the advice and assistance of E.F. of c. and G.H. of c. by them respectively chosen for that purpose made an equal division and partition of the said demised Premisses into two equal parts or moieties to the end intent and purpose that the said A.B. and C.D. and their several and respective Executors c. may have hold occupy possess and enjoy the said equal parts and moity of the said demised Premisses during the remainder of the said term in manner and form following that is to say That he the said A.B. his Executors c. shall and may during the remainder of the said term have hold and enjoy the moity partition or half-part of the said Messuage or Tenement Houses Edifices Buildings Barns Stables Orchards Gardens Lands and Premisses as the same are divided and set apart as aforesaid that is to say all those several Rooms scituate at the West End of the said demised Messuage called by the name of the c. the c. the. c. and all that great Barn scituate at the c. and all that c. so naming every parcel as allotted in full recompence of his due part and portion between them of the said demised Premisses and that the said C.D. his Executors c. shall during the remainder of the said terms have the other moity partition or half-part of the said Messuage or Tenement Houses c. as the same are divided and set apart as aforesaid that is to say all those several Rooms scituate at the East-end of the said Messuages c. as above-named the parcels in full recompence of his due part and portion between them of the said demised Premisses To have and to hold to either of the said parties their Executors c. severally as is abovesaid from the day of the date hereof unto the full end and term of c. And it is covenanted granted and agreed by and between the said Parties That the said yearly Rent of c. to be due to the said W. L. or his Assigns from time to time during the continuance of c. shall be equally paid between them the said A. B. and C.D. their Executors Administrators and Assigns as Tenants of the said demised Messuage and other the Premisses from time to time during the said term either of them for the said part and portion allotted as is aforesaid And the said A.B. for him his c. doth covenant promise and grant to and with the said C.D. his c. to save defend and keep harmlesse and indempnified the said C.D. his Executors c. of and from all prejudice loss or damage which shall happen or come unto him the said C D. his c. for or by reason of any breach of any of the covenants and agreements specified and comprized in the said Indenture of Lease or other things whatsoever which shall or may be had made done committed omitted or suffered by him the said A.B. his c. for or in respect of his said moity or half-part of the demised Premisses or any part thereof And the said C.D. doth for him his c. covenant promise grant and agree to and with the said A.B. his c. ut supra And for the true keeping performance and observation of all and singular the said partitions covenants conditions payments agreements and articles here before expressed either Party bindeth himself his Heirs Executors and Administrators to the other by these presents in the Sum of c. In witnesse c. Judge Cook his Articles which the Chief Constables of every Hundred are to observe and answer unto at the beginning of every Assize viz. IMprimis What Felonies have been done within their Hundred from the Assizes next before against whom and at what time and wherefore and what pursuit hath been made for the Felonies and in whom default of pursuit of Felonies hath been 2. Item what vagrant and suspected persons have been apprehended within that time within their Hundred and what hath been done with them and by whose default any such persons have escaped from apprehension and how the watches have been kept in every Township between the Ascension and Michaelmas 3. Item what Recusants are within their Hundreds and come not to the Church according to the Law 4. Item what decay of Houses Husbandry hath been since the beginning c. within their Hundreds which had twenty Acres of Land Meadow and Pasture to them when decayed and by whom 5. Item what grounds within your Hundreds that have been used to be tilled ordinarily any twelve years since the beginning c. been turned from Tillage to Pasture by whom and when 6. Item How many Ale-houses be in that Hundred and in what places and where they be How many be licensed and by whose licence and how many without licence and who they be and whether punishment have been done to the offendors according to the Statute 7. Item whether such Ale-houses as are licensed do observe the Articles prescribed to them 8. Item who have made any ingrossing fore-stalling or regrating within their Hundred and whereof and where put in ure 9. Item who they be that make Mault to sell of
to their Assigns and the Assigns of the Survivor of them well and truly to be made every year during their natural lives and during the natural life of the longer liver of them according to the tenor effect and true meaning of these presents The said Earl for himself his Heirs Executors and Administrators every of them and for the said Countesse his Wife doth covenant grant and agree to and with the said I. and A. their Executors Administrators and Assigns and every of them by these presents The said Earle and Countess will permit c. to recover c. by Writ of c. That he the said Earl and the said Countesse his Wife before the last day of Nov. now next coming shall and will permit and suffer the said I. and A. at the cost charges in the Law of the said I. lawfully to recover against the said Earl Countess by Writ of Entry Sur Disseisin with Voucher or Vouchers after the order and course of Common Recoveries of all that the Mannor of A. with the appurtenances in the County of S. c. and all and singular Messuages Lands Tenements Rents Reversions Rights Patronages of Churches Franchises Liberties Jurisdictions Priviledges and Hereditaments whatsoever esteemed reputed used demised or taken as part parcel or member of the said Mannor of A. and all and Singular Mannors Messuages Lands Tenements Reversions Services and Hereditaments whatsoever which the said Earl and Countesse have or either of them hath or at any time had in or within the said c. And also the said Earl and Countesse shall likewise permit and suffer the said I. and A. lawfully to recover against the said E. and C. by another Writ of Entry sur disseisin with Voucher or Vouchers after the order c. of all that the Mannor c. and likewise to recover c. by another Writ of Entry And that all the said Recoveries shall be in due Form of Law lawfully Executed And moreover that as well the said E. and C. now his Wife at the costs and charges of the said I.W. in the Law on or before the last day of November now next coming as aforesaid shall and will by fine in due form of Law to be levied with proclamations according to the statute in that behalf provided convey and assure unto the said I. and A. and to their Heirs or to the Heirs of one of them all the said Mannors and all the premisses with all and singular their appurtenances with warranty of the said E. and the said C. his Wife and of the Heirs of the said E. of all the premisses to the said I. S. and A. his Wife and to the Heirs of the said I. against all men as also that after the said Fine had recovered and executed Sir G.H. Kt. brother of the said E. on this side such a day at the costs and charges in the Law only of the said I. and A. or of their Assigns shall and will by Fine with Proclamations according to Statute in due form of Law by him the said Sir G. to be levied grant and release unto the said E. and his Heits all and singular the premisses with warranty of the same to the said E. and his Heirs against him the said Sir G. and his Heirs according to the usual manner of Fines And it is condescended concluded and agreed between the said parties that as well the said Fine of the said E. That the fine and recoveries shall be to the use of c. and C. and the said Recovery and Recoveries so to be had and executed as is aforesaid as also the said Fine of the said G. H. and all other Fine and Fines Recovery and Recoveries Assurance and Assurances whatsoever specified or mentioned in these presents shall be to the uses intents and purposes hereafter expressed in these Indentures and to none other use or uses intent or purpose that is to say to the use and behoof of the said E. and his Heirs untill default of payment shalt be made of the said Annuity granted by these presents or of some part thereof contrary to the form tenor and effect of these presents and after default of payment of the said Annuity or any part thereof contrary to the form tenor and effect of these presents then to the onely use and behoof of the said I. and A. and for and during the term of their natural lives and the life of the longer liver of them their Assignee and Assignees And the Assignee of the survivour of them In witness whereof the said parties to these presents their hands and seals interchangeably have set the day and year first above-written A Lease for a year THis Indenture made the c. day of c. in the Year of our Lord God according to the accompt used in England 1658. between W. S. the elder of c. in the County of c. Esq and Doctor in Divinity of the one part and S.M. and C.D. of c. in the County of c. Gent. of the other part Witnesseth that the said S.W. for and in confideration of the Sum of five shillings of lawful money of England to him in hand paid by the said S.M. and C.D. whereof he doth hereby acknowledge the receipt hath bargained and sold and doth by these presents bargain and sell unto the said S.M. and C.D. their Executors Administrators and Assigns all the Lands Tenements and Hereditaments with their and every of their appurtenances commonly called or known by the Names of c. containing by estimation six hundred and thity acres be the same more or lesse scituate lying and being in the Towns Parishes Villages and Hamlets of G. and S. in the said County of c. or one of them together with all other lands tenements and hereditaments heretofore of Sir S.W. deceased and now or late of the said S.W. that are scituate lying and being in the Towns Villages and Hamlets of M. and T. aforesaid or either of them and also the reversion and reversions remainder and remainders thereof to have and to hold the said lands tenements hereditaments and premisses with the appurtenances unto the said S M. and C.D. their Executors Administrators and Assigns from the day next before the date hereof unto the end and term and for and during the term of one year from thence next ensuing to the intent that by virtue thereof and of the Statute for transferring uses into possession the said S.M. and C.D. may be in the actual possession of the said lands tenements and premisses and be enabled to take and accept of a grant and release of the same premisses to them their Heirs and Assigns for ever In witnesse c. A Release and confirmation of the precedent lands THis Indenture made the c. day of c. in the year of our Lord God according the accompt used iâ— England 1658. Between W.S. of c. in the County
and have now and at the execution of the said estate shall then have good right full power and lawfull and absolute authority to grant bargain sell c. Cum. Covenant pro exonerat ab Incumbr fruitionâ— And that he the said J. F. and his heirs and all and every other person or persons lawfully having or claiming to have any manner of estate right title or interest of in or to the premisses before by these presents bargained and sold or mentioned or intended to be bargained and sold with the appurtenances or of in or to any part or parcel thereof by from or under the said J. F. and E. F. or either of them shall from time to time and at all times for and during the space of five years next ensuing the date hereof when and as often as they or any of them shall be thereunto reasonably required by the said J. R. his heirs or assigns or any of them make do suffer knowledge and execute or cause to be made done suffered knowledged and executed at the costs and charges in the Law of the said J. R. his heirs or assigns or some or one of them all and every such further lawful and reasonable act and acts thing and things device and devices assurance and assurances in the Law whatsoever for the further better and more perfect assurance surety sure-making and conveying of all and singular the premisses and every part and parcel thereof with the appurtenances to the said J. R. his hein and assigns according to the true intent and meaning of these presents Be it by Fine Feoffment Recovery Release Confirmation with Warranty only against the said I. F. and his heirs or without Warranty or by all or any of the aforesaid wayes or means or by any other lawful or reasonable wayes or means in the Law whatsoever without Warranty or with the like Warranty as aforesaid as by the said I. R. his heirs or assigns or any of them or by his their or any of their Council learned in the Laws shall be lawfully and reasonably devised advised or required Provided alwayes and it is Covenanted Concluded Conditioned and agreed by and between the said parties to these presents That if they the said I. F. and E. F. or either of them their Heirs Executors Administrators and Assigns or any of them do well and truly content and pay or cause to be contented and paid to the said I. R. his Executors Administrators or Assigns at the now dwelling house of c. the Sum of c. of c. in form ensuing c. without fraud or guile That then this present bargain and safe and all and every Covenant Grant Article and thing herein contained shall to all effects purposes and constructions be utterly void frustrate and of none effect But if default of payment in any of the dayes of payment aforesaid in part or in all contrary to the form above declared that then this present bargain and sale and all and every Covenant Grant Article and thing herein contained shall to all effects and purposes stand remain and abide in its full force and strength any thing herein before expressed to the contrary thereof in any wise notwithstanding In witnesse whereof c. A Conveyance of a Mannor THis Indenture made c. between R. H. M. his wife and I. H. on the one part and Sir R. D. on the other part witnesseth That the said R. H. M. his wife and I. H. for and in consideration of the sum of Grant of the Mannor c. Have granted aliened bargained sold enfeoffed and confirmed and by these presents do joyntly and severally grant alien bargain sell infeoff and confirm unto the said Sir R. D. his heirs and assigns for ever All that the Mannor or Lordship of R. in the County of O. with the Rights Members and Appurtenances thereof And also all and singular Messuages Houses Edifices Buildings Barns Stables Dove-houses Yards Back-sides Orchards Gardens Lands Tenements Meadowes Pastures Feedings Woods Under-woods Wood-grounds with the soil and ground of the same Timber and Trees Waters Water-courses Ponds Pools Liberties Fishings Courts Leets Views of Frank-pledge Perquisites and Profits of Courts and Leets Wayfes Estrayes Heriots Felons Goods and Goods of Fugitives Rents Services Rents-seck and all other Rents and Services whatsoever reserved upon any Demise or Lease heretofore made of the premisses or of any part thereof Wastes Waste-grounds Easements Passages Profits Commons Commodities Jurisdictions Emoluments Mills Hereditaments and Appurtenances whatsoever to the said Mannor and Premisses or any of them belonging or in any wise appertaining or reputed to be belonging thereto or used therewith And also all that the Advowson Of an Advowson Presentation and right of Parsonage of the Rectory Church and Chantrey of R. aforesaid And all Tithes oblations and obventions whatsoever belonging to the said Rectory Church or Chantreys of P. aforesaid And all that Messuage Tenement or Farm Of a Farm situate and being in R. aforesaid now or late in the tenure or occupation of W. C. or his Assigns called or known by the name of S. or by whatsoever other name or names the same is called or known and all Houses Edifices Buildings Barns Stables Yards Back-sides Orchards Gardens Lands Tenements Meadows Pastures Wayes Easements Passages Profits Commons Commodities Woods Wood-grounds Timber and Trees Waters Water-courses Emoluments Hereditaments and Appurtenances whatsoever to the said Message Tenement or Farm and premisses or any of them belonging or in any wise appertaining or reputed to be belonging thereto or used therewith And also all those Messuages Lands Tenements and Hereditaments with their appurtenances called the Chantrey Lands in R. aforesaid And also all and singular other the Messuages Cottages Lands Tenements Meadowes Pastures Feedings Woods Wood-grounds Rents Reversions Services and Hereditaments whatsoever of them the said R. H. M. and J. H. or any or either of them in or within the Towns Fields Parishes Hamlets Territories or Precincts of R. and B. and L. or any or either of them in the said County of O. And also all the estate right title interest use possession and the Reversion and reversions remainder and remainders rent and rents claim and demand whatsoever of them the said R. H M. and I. H. and every and either of them of in and to the said Mannor and Premisses and of in and to every part and parcel thereof belonging Of Writings with a Covenant to deliver them by such a time or in any wise appertaining And all Writings Evidences Deeds Charters Fines Escripts Court-rolls Exemplifications and Minuments whatsoever concerning the said M. and premisses or any part thereof which the said R. H. now hath in his possession or can conveniently come by without Sute in Law And true Copies of all such Writings and Evidences as do concern the same or any part thereof with any other Lands Tenements or Hereditaments the same Copies and every of them to be copied
sell unto the said T. B. and A. B. their heirs and assigns all that Messuage Farm or Tenement with the appurtenances and all those three yard-Yard-lands of Meadow arable and pasture with all and singular their appurtenances in F. in the said County of L. now or late in the tenure of the said T. H. or his assigns to hold the said Messuage or Tenement and three Yard-lands with the appurtenances to the said T. B. and A. B. their heirs and assigns for ever and did covenant by the said Indenture to levy one fine Sur Connizance de droit come ceo c. of the premisses to them the said T. B. and A. B. and their heirs as by the said Indenture amongst c. appeareth Now this Indenture witnesseth That the said A. B. was only named in trust by the said T. B. to and for the use of the said T. B. his heirs and assigns and that the said Summe of five hundred pound mentioned in the said Indenture to be the consideration for the said purchase was the proper money of the said T. B. And the said A. B. doth covenant c. that he the said A. B his heirs and assigns from time to time and at all times hereafter To Convey Lands according to the Trust upon the request and at the costs and charges in the Law of the said T. B. his heirs or assigns shall and will convey and assure the premisses and all his estate title and interest therein unto the said T. B. and his heirs to the use of the said T. B. and his heirs or to any other person and persons and their heirs to the use of them and their heirs as the said T. B. or his heirs shall direct or appoint acquitted and discharged of and from all Charges and Incumbrances had made or done by the said A. B. or by from or under any other person or persons whatsoever claiming by from or under him And the said T. B. doth covenant c. That he the said T. B. his Heirs Executors or Administrators To save harmless from any damage hapning by reason of the joynt Estate or some or one of them shall and will from time to time and at all times hereafter save and keep harmless the said A. B. his Heirs Executors and Administrators his and their Lands and Goods of and from all manner of damage loss and hinderance which shall or may hereafter happen to arise or grow for or by reason of the said joynt estate settled and raised by the said A. B. and T. B. in Trust for the said A. B. as aforesaid An Acquittance for money paid in part of a Purchase Quinto die D. c. REceived by me T.H. the day and year above-written of T. B. the Summe of c. as part of the money agreed to be paid for the purchase of certain Lands in F. in Com. L. according to certain anicles of agreement indented bearing date c. made between c. In witness c. The manner of indorsing an Attornment of Tenants MEmorandum That R. C. of c. assignee of H. G. c. and the rest of the Tenants and Farmers of the premisses within mentioned by vertue of several Leases thereof made unto them by the within-named W. G. did severally Attorn and become Tenants of and of their several and respective interests in the premisses to the within-named C.G. this present tenth day of c. and the said several Tenants and every of them have given unto the said C. G. one penny in the name of Attornment in the presence of c. A Release of Interest in Lands TO all c. R. E. of c. sendeth greeting Know ye That the said R. E. for and in consideration of the sum of c. to him in hand paid by T.H. of c. hath given granted remised released and quit-claimed and by these presents doth c. unto the said T. H. all his estate right title interest term of years claim and demand whatsoever which he the said R. E. now hath or may claim to have of in or to one Messuage or Tenement with the appurtenances commonly called or known by the name of c. scituate lying and being in c. and of and in all the Lands Tenements and Hereditaments whatsoever to the said Messuage or Tenement belonging or appertaining or to or with the same now used occupied or enjoyed In witnesse c. A Condition to save a Surety harmless from a Recognizance THe Condition c. That whereas the said J. C. and A. G. together with the above-bounden R. P. and for him by Recognizance acknowledged before Mr. T. G. one of the Kings Majesties Justices of the Peace for the County of c. the said R. P. hath acknowledged to our Soveraign Lord the King twenty pound and the said A. G. twenty and the said I. C. twenty pound That he the said R. P. shall from henceforth for ever keep his Majesties Peace towards one W. B. c. as by the said Recognizance entred into as aforesaid at large appeareth If therefore the said R. P. his c. from time to time and at all times hereafter do clearly acquit discharge and save harmless the said I. C. his c. and all his and their Lands Tenements Goods and Chattels and every of them as well against our said Soveraign Lord the Kings Majesty his Heirs and Successors as against all and every other person and persons of for or concerning the said Sum or penalty of c. and also of all other costs charges and troubles that may futurely come or arise for or concerning the same That then c. A Disavowment of a Sute TO all c. I. L. of c. sendeth greeting c. Whereas a Sute hath been of late Commenced and Prosecuted for me and in my name in his Majesties Court of Kings Bench at Westminster against M. L. for c. setting down for what which said Sute as yet dependeth in the said Court. Now know ye That the said Sure was Commenced and is prosecuted without any warrant or allowance of me and I therefore do hereby renounce and disavow the said Sute and all and every other sute or sutes attempted or prosecuted against the said M. L. for me and in my name for or by reason of the said Bond or any other cause or matter whatsoever In witness c. Warrant for the keeping of a Court. WHereas I have received direction from the Right Honourable R. E. of D. to hold a Court-Baron for his Lordships Mannor of S. within c. These are to let you understand That I have appointed the 9th day of c. next being Tuesday for the holding of the said Court at or in the Hall of the said M. house and do therefore hereby request and require you to give notice of the said time and place appointed for the holding of the said time and place appointed for the holding
of the said Court unto all and every the Suters and Tenants of the said Mannor and that you warn them and every of them to be then and there present by eight of the clock in the fore-noon to give their attendance And that also at the time and place aforesaid you return before me a Jury of the Suters and Tenants of the said M. to enquire of such matters as shall be by me given to them in charge and hereof c. Given under my hand and seal c. An Indenture of Covenants between Executors THis Indenture made c. between E. C. of c. on the one part and W. A. of c. on the other part Whereas A.W. Widow late deceased Recital of the Bond. by her last Will and Testament in writing named ordained and constituted the said E.C. and W.A. to be Executors of the same her last Will and Testament as by the same Will and Testament amongst other things appeareth Now this Indenture witnesseth That it is mutually covenanted and agreed by and between the said patties to these presents in manner and form following And first the said E. C. doth covenant c. That he the said E. To renounce Executorship C. shall and will before the end of Michaelmas Term next ensuing the date hereof if he shall be thereunto required by the said W. A. his Executors or Assigns in due form of Law and at the costs and charges in the Law of the said W. A. his c. refuse and renounce his said Executorship And the said E. C. doth further covenant c. That neither he the said E. nor his Executors Not to meddle with the goods nor Administrators shall or will intermeddle with the Administration of any part of the Money Plate Debts Credits and other the Goods and Chattels of the said Testator without the consent of the said W. A. his c. but shall and will from time to time and at all times hereafter permit and suffer the said W. A. his c. to administer all such moneys debts credits and other the Goods and Chattels of the said Testator without the let trouble interruption or disturbance of the said E. C. his c. or of any other person or persons whatsoever lawfully claiming by from or under the said E. C. or by his means privity or procurement And also that neither he the said E. C. nor his Not to release a Creditor c. shall at any time hereafter make or cause to be made any release acquittance or other discharge to any person for or concerning any of the debts credits goods or chattels of the said Testator nor shall do or suffer or cause to be done or suffered any Act or Acts Thing or Things in or about the Execution of the said last Will and Testament without the assent consent and agreement of the said W. A. his c. And the said W. A. in consideration of all and singular the premisses doth covenant c. That he the said W. To save harmlesse A. his c. shall and will from time to time and at all times hereafter defend discharge and save harmless the said E. C. his c. against all and every person and persons whatsoever of for and concerning all and all manner of actions sutes and demands hereafter to be had made or brought against the said E. C. his c. for or by reason of the said Executorship or the said last Will and Testament And that the said W. A. his c. shall and will from time to time and at all times hereafter pay and satisfie unto the said E. C. his c. all such costs charges and expences as the said E. C. his c. To pay all charges shall at time hereafter be put unto for or by reason of any cause matter or thing touching or concerning the said Executorship or the said last Will and Testament of the said A.W. And the said W.A. doth covenant c. That he the said W. A. his c. To perform the Will shall and will well and truly fulfill accomplish and perform the said last Will and Testament of the said A. W. and well and truly content and pay all and every the Legacies gifts and bequests contained and specified in the same last Will and Testament according to the Tenor Purport and true meaning of the same In witness c. An Indenture in Consideration of a Marriage in lieu of Joynture THis Indenture made c. between M. F. of the one part and I. I. and I. F. of the other part Witnesseth That the said M. F. for and in consideration of a Marriage heretofore had and solemnized between the said M. F. and C. his now wife and for and in full satisfaction and recompence of such Joynture or Dower as she the said C. shall have or challenge out of or in or to all or any of the Messuages Lands Tenements or Hereditaments of the said M. F. in case the said C. shall survive and over-live the said M. F. And for the continuance setling and establishing of the said Messuages Lands Tenements and Hereditaments hereafter mentioned in the name blood and kindred of the said M. F. so long as it shall please Almighty God and for divers other good causes and considerations him the said M. F. hereunto moving doth covenant c. That he the said M.F. and his heirs and all and every 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 that Capital Messuage with the Appurtenances commonly called or known by the name of H. in B. aforesaid in the said County of S. in the tenure or occupation of the said M. F. or his Assigns and of and in all and singular the Lands Tenements Meadows Pastures Feedings Commons Woods Under-woods and Hereditaments whatsoever with their and every of their Appurtenances to the said Capital Messuage or Tenement belonging or appertaining or to or with the same at any time heretofore used occupied or enjoyed as part parcel or member thereof To stand seized shall and will from henceforth stand and be seized thereof and of 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 M. F. and C. his wife and their Assigns for and during their naturall lives The Uses and the life of the longer liver of them without impeachment of or for any manner of wast and from and after the decease of the Survivor of them the said M. and C. then to the use and behoof of the Heirs of the body of the said M. F. and C. lawfully begotten and for default of such issue then to the use and behoof of the right heirs of the said M. for ever And the said M.F. doth further covenant c. That he the said M.F. To
have power to raise uses at the time of the sealing and delivery of these presents is and standeth seized of a good perfect and indefeazible estate in Fee-simple of and in the said Messuages Lands Tenements and Hereditaments and of and in every part and parcel thereof and that he hath lawfull power and authority by these presents to raise limit and appoint the aforesaid several Uses and Estates and that all and singular the premisses with their and every of their Appurtenances now are and so at all times and from time to time hereafter shall be remain and continue unto the uses intents and purposes before in and by these presents limited expressed and declared free and clear and freely and clearly acquitted and discharged of Discharged of Incumbrances and from all and all manner of former and other Bargains Sales Gifts Grants Leases Joyntures Dowers Wills Entrails c. and of and from all other Titles Troubles Charges and Incubrances whatsoever In witness c. Words to be used upon the Delivery of Possession I Do deliver you possession and seizin of this house or of this parcel of Land in the name of all the rest contained in this Deed or Indenture To hold to you and your heirs and assigns for ever according to the tenor form and effect of this present Writing or Indenture A Conveyance of Land by three Co-heirs and their Husbands well penn'd THis Indenture made the Twentieth day of March in the Tenth year of the Reign of our Soveraign Lord Charles by the grace of God of England Scotland France and Ireland King Defender of the Faith c. Between W. S. of B. in the County of B. husbandman and I. his wife W. M. of L.R. in the Parish of Princes Risborough in the said County husbandman and A. his wife and F.W. of P.R. aforesaid in the said County husbandman and A. his wife and E.A. of the Parish of P. R. aforesaid and S. his wife on the one part and I. M. of H. aforesaid in the said County husbandman on the other part Witnesseth That the said W. S. and I. his wife W. M. and A. his wife and F. W. and A. his wife The Consideration For and in Consideration of the summe of One hundred and ninety pounds of currant money of England to them the said W. S. and I. his wife W. M. and A. his wife F. W. and A. his wife E. A. and S. his wife by the said I. M. in hand paid before the ensealing hereof the receipt whereof the said W.S. c. do hereby acknowledge and thereof do jovntly and severally exonerate and discharge the said I. M. his Heirs Executors and Administrators and every of them for ever by these presents And for other good causes and considerations them moving The Grant have granted aliened bargained sold enfeoffed and confirmed and by these presents for them and their heirs do joyntly and severally Grant Alien Bargain Sell enfeoffe and confirm unto the said I. M. his heirs and assigns for ever All that Messuage Tenement or dwelling house with the appurtenances scituate lying and being at or near a place called W. A. in the Parish of B alias B. in the said County of B. wherein the said W.S. now dwelleth and wherein one W. W. deceased Father of them the said I. A. and A. did lately dwell and inhabit and all those five several Closes of Arable Land Meadow Pasture and VVoodground belonging to or used with the said Messuage Tenement and dwelling house lying and being in the Parishes of B. aforesaid W. and H. or in some or one of them in the County of B. And also all and singular Houses Edifices Buildings Barnes Stables Yards Back-sides Orchards Gardens Lands Tenements Meadows Pastures Feedings Commons Common of Pasture Wayes Easements Passages Profits Commodities Advantages Emoluments Hereditaments and Appurtenances whatsoever to the said Messuage Tenement and dwelling house and premisses or to any of them belonging or in any wise appertaining or accepted reputed taken known or demised letten used occupied or enjoyed as part parcel or member thereof And all other the Lands Tenements and Hereditaments whatsoever of them the said W. S. and I. his wife W.M. F.W. E.A. and every or either of them scituate lying and being in the Parishes of B. W. and H. aforesaid or in any or either of them And also all the estate right title interest use possession reversion and reversions Remainder and Remainders Rent and Rents claim and demand whatsoever of them the said W.S. and I. his wife W.M. F.W. E.A. and every and either of them of in and to the said Messuage Tenement or dwelling-house Closes Lands and all other the premisses and of in and to every part and parcel thereof with their and every of their Appurtenances And all Writings Evidences Deeds Charters Fines Escripts and Minuments whatsoever concerning the premisses or any part thereof And true Copies of all such writings and Evidences as do concern the premisses or any part thereof with any other Lands Tenements or Hereditaments which now be in the hands custody or possession of them the said W.S. W.M. F.W. E.A. or any or either of them or which they or any of them may lawfully get or come by without sute in the Law the same Copies and every of them to be copied and written out at the costs of the said I. The Habendum M. his heirs or assigns To have and to hold the said Messuage Tenement or dwelling-house Closes Lands and all other the premisses with their appurtenances unto the said I. M. his heirs and Assigns To the only proper use and behoof of the said I. M. his heirs and assigns for ever And the said W.S. W.M. F.W. and E.A. for them and their heirs severally and not joyntly nor one for the other the said Messuage or Tenement Closes Lands and all other the premisses with the appurtenances unto the said I.M. his heirs against them the said W.S. W.M. F.W. E. Warranty A. and every of them their and every of their heirs and assigns Shall and will warrant and hereby do joyntly and severally grant to warrant and for ever defend by these presents And further the said W. S. c. for themselves severally and not joyntly nor one for the other and for their and every of their several and respective Heirs Executors and Administrators and for every of them do and doth covenant promise and grant to and with the said I. M. his heirs and assigns and to and with every of them by these presents That they the said W.S. c. for and notwithstanding any act or thing by them or any of them done or suffered to the contrary now are or some of them is and at the time of the first executing an estate of the premisses with the appurtenances unto the said I.M. shall be lawfully and absolutely seized in their Seized in Fee or some of their demeasne as of Fee-simple to
them and their heirs or to some of them and their heirs of and in all and every the premisses with the appurtenances And that for and notwithstanding any such act or thing by them the said W.S. c. or by any other of them done or suffered to the contrary as aforesaid they the said W.S. c. now have or some of them now have or hath and shall have good right full power Power to alien and lawful authority togrant bargain sell and convey the Premisses with the appurtenances unto the said I. M. his Heirs and Assigns according to the intent and meaning of these presents And that the said Messuage Tenement or dwelling-house closes lands Freed from Incumbrances and all other the premisses with the appurtenances now are and so shall and may for ever hereafter remain continue and be unto the said I. M. his heirs and assigns free and freely and clear and clearly acquitted exonerated and discharged of and from all and all manner of former and other bargains sales gifts grants leases Joyntures Dowers Uses Wills Intails Annuities Statutes Merchant and of the Staple Recognizances Bonds Judgements Executions Extents Condemnations Rents Arrerages of Rents Intrusions Forfeitures Issues Amerciaments and of and from all other Estates Titles Troubles Charges and Incumbrances whatsoever had made committed done or suffered by them the said W. S. c. or by any or either of them or by their or any or either of their means assent consent or procurement The Rents and Services from henceforth to be due and payable for the premisses to the chief Lord and Lords of the Fee or Fees of the premisses for and in respect of their Seigniorities of the same only excepted and fore-prized And that he the said I. M. Quiet enjoying his heirs and assigns and every of them shall and may for ever hereafter quietly and peaceably have hold occupy possess and enjoy the said Messuage Tenement or dwelling house Closes Lands and all other the premisses with the appurtenances without the let suit trouble disturbance denial molestation interruption or eviction of them the said W. S. c. and every and either of them their and every and either of their heirs and assigns And with out the let sute molestation interruption or eviction of all and every other person or persons whatsoever lawfully claiming by from or under them or any or either of them their or any or either of their estate right or title And also that they the said W. S. c. Further assurance their heirs and assigns and every and either of them shall and will from time to time and at all times hereafter during the space of seven whole years next ensuing the date hereof at the requests and costs in Law of him the said I. M. his heirs and assigns do make suffer acknowledge and execute and cause and procure to be done made suffered acknowledged and executed all and every such further and other lawful and reasonable act and acts thing and things devise and devises assurance and assurances in the Law whatsoever for the further better and more perfect assurance surety sure-making and conveying of the said Messuage Tenement or dwelling house closes lands and all other the premisses with the appurtenances unto the said I. M. his heirs and assigns Be it by Fine Feoffment Release Confirmation with warranty of them the said W.S. c their and every or any of their Heirs and Assigns Recovery or Recoveries with single or double Voucher or Vouchers Deed or Deeds enrolled or not enrolled the enrollment of these presents or by all or any the said wayes means or by any other lawfull or reasonable wayes 〈◊〉 means in the Law whatsoever without warranty or with the like warranty as aforesaid as by him the said I. M. his Heirs and Assigns or his their or any of their Councel learned in the Law shall be reasonably devised or advised and required All which further or other assurance by fine or otherwise shall be and enure and hereby are and shall be adjudged deemed and taken to be a◠enure To the onely proper use and behoof of the said I. M. his c. An Indenture of Bargain and Sale of a Messuage and Lands in consideration of a Surrender of a Lease of other Lands with good Covenants THis Indenture made c. between R. D. of T. in the County of c. Whereas the said K. C. now holdeth by Lease for certain years yet to come one Messuage or Tenement with the appurtenances thereunto belonging wherein the said K. C. doth now inhabit and dwell scituate and being in F. aforesaid and divers Closes Lands Meadows Pastures Wood-grounds and Hereditaments thereunto belonging or appertaining lying and being in F. aforesaid the Reversion and Inheritance in Fee-simple of which said Messuage Lands and Premisses now being in and belonging unto them the said R. D. and I. P. and their heirs And whereas the said K. C. hath and hereby doth Surrender up grant bargain and sell all her right title estate interest term for years claim and demand whatsoever of her the said K. C. of in and to the said Messuage or Tenement Closes Lands Wood-grounds and premisses in the said Lease particularly mentioned and expressed and hath delivered up the said Lease to be Cancelled unto them the said R.D. and I.P. in consideration of which said Surrender and Grant made by the said K. C. as aforesaid the said R. D. hath upon the ensealing hereof paid unto her the said K. C. the sum of 35 pound of currant money of England the receipt whereof the said K. C. doth hereby acknowledge and thereof doth acquit him the said R. D. his Heirs Executors and Administrators and every of them by these presents And whereas the said R. D. in further consideration of the said Surrender of the said Lands and Premisses made as aforesaid hath agreed to and with the said K. C. that the said R. together with the said I.P. should and would pass and convey unto her the said K. C. her heirs and assigns for ever All that Tenement or Cottage with the appurtenances scituate and being in F. wherein the said K. C. doth now inhabit and all Houses Edifices Buildings Barns Stables Yards Backfides Orchards Gardens Lands Tenements Hereditaments and Appurtenances whatsoever thereunto belonging or appertaining or now used therewith Now this Indenture witnesseth That the said R.D. and I.P. in consideration of the said Surrender of the said Lands and Premisses made by the said K. C. as aforesaid and in performance of the said agreement made with the said R.D. as aforesaid have bargained sold aliened infeoffed and confirmed and by these presents do joyntly and severally grant bargain sell alien infeoffe and confirm unto the said K. C. her heirs and assigns All that the said Cottage or Tenement with the appurtenances wherein the said K. C. doth now inhabit scituate and being in F. aforesaid And all Houses Edifices Buildings
the said J. B. and the said J. L. at the time of executing the said Conveyance as in part of the bargain for the said Messuage and Lands that the said I. B. shall make a Lease of the said Messuages and Lands unto the said I. L. E. his wife and the said I. his son for their lives successively at the yearly Rent of 4. pounds per annum The Consideration Now this Indenture witnesseth That the said I. B. being about the age of 28. years as well in performance of the said agreement on his part made aforesaid and of the yearly Rent hereby reserved and for other good causes and considerations him moving Hath demised The Demise set and to farm-letten and by these presents doth Demise set and to farm-let unto the said J. L. E. his wise and the said I. all that the foresaid Messuage or Tenement with the appurtenances wherein the said I. L. doth now inhabit and dwell scituate and being in L. M. aforesaid and all those the Lands hereafter particularly mentioned viz. one half acre of Land c. mentioning the particulars c. Together with all Houses Edifices Buildings Barnes Stables Yards Back-sideâ— Orchards Gardens Commons Commodities Wayes Easements Emoluments Hereditaments and Appurtenances whatsoever to the said Messuage or Tenement and Premisses or any of them belonging or in any wise appertaining and now used therewith except all Woods Timber and Trees growing or to be growing on the premisses And also except all those four Cottages or Tenements heretofore built on part of the Orchard belonging to the said Messuage or Tenement hereby demised now being in the several tenures or occupations of R. E. T F. W. R. and L. D. their Assignee or Assignees To have and to hold the said Messuage or Tenement The Habendum and all other the premisses with their appurtenances except before excepted unto the said I. L. E. his wife and I. L. for and during the term of their natural lives and the life of the longer liver of them The Reddendum successively one after another as they are herein named Yielding and paying therefore yearly and every year during the said term hereby demised unto the said I. B. his heirs and assigns the yearly Rent or Sum of 4. pounds of currant money of England at two Feasts or Terms in the year most usual viz. the Feast of c. to be paid at c. the first payment thereof at the Feast of the Annuntiation of c. next ensuing The Distresse And if it happen the said yearly Rent or any part thereof to be behind and unpaid by the space of eight dayes next after any or either of the said Feasts or dayes of payment whereon the same ought to be paid as aforesaid That then it shall and may be lawful to and for the said I. B. his heirs and assigns and every of them to enter into and upon the said Messuage and Premisses and every or any of them and to distrain for the same and the distress and distresses there had and taken to lead drive take and carry away and the same with him and them to detain and keep untill the said yearly Rent and the arrerages thereof if any happen to be unto the said I. B. his heirs and assigns shall be contented and paid And the said I. L. E. his wife Covenant to repair and the said I. L. for themselves joyntly and severally and for every and either of them their every and either of their several and respective Executors Administrators and Assigns and every of them do and doth covenant and grant to c. That they the said I. L. E. his wife and I. L. their several Executors Administrators and Assigns and every of them at their own proper costs and charges in and by all things shall and will well and sufficiently repair maintain uphold keep cleanse and scour all and every the Houses Buildings and Edifices hereby demised and now built upon the premisses and belonging to the same and which at any time hereafter during the term hereby demised shall be erected and built upon the demised premisses or any part thereof and the hedges ditches fences pales and mounds upon and about the demised premisses and every of them well and sufficiently shall make keep cleanse and scoure and the said Messuage or Tenement Houses and Buildings which are or at any time hereafter during the term hereby demised shall be erected or built in or upon the same or any part thereof being so well and sufficiently repaired maintained upholden kept cleansed and scoured in the end or other determination of the said term hereby demised shall and will leave and yield up unto the said I. B. To view the defaults of reparations his heirs and assigns And also that they the said I. L. and E. his wife and the said I. L. and every of them and their and every of their assigns shall and will permit and suffer him the said I.B. his heirs and assigns together with three or four or fewer Workmen or other persons at their or any of their wills and pleasures being at convenient times twice every year quietly to enter in or upon the said Messuage or Tenement and all other the Demised premisses to view and search whether the same be well and sufficiently repaired or not And of all and every the Default and Defaults for want of Reparations then and there found To repair upon notice to give or leave notice in Writing at the said Messuage or Tenement unto or for the said I. L. and E. his wife and the said I. L. to repair and amend the same from time to time during the terms hereby demised alwayes within the space of six months next after every such notice in Writing so given or left as aforesaid Not to demise without license And also that neither they the said I. L. E. his wise nor the said I. L. nor any nor either of them shall not at any time or times hereafter grant bargain sell assign or set over demise let or depart with the said Messuage and Premisses or any part or parcell thereof or his her or their or any of their right title interest or estate in or to the Premisses or any of them without the speciall license and consent of the said I.B. his heirs and assigns under his or their hand in Writing therefore first had and obtained Proviso upon non-payment or nonreparation to re-enter Provided alwayes and it is Conditioned by and between the Parties to these presents That if it shall happen the said yearly Rent or any part thereof to be behind and unpaid by the space of twenty eight dayes next after any or either of the Feasts or dayes of payment before mentioned or set down for payment thereof contrary to the form aforesaid the same being lawfully demanded or if all and every the said Default and Defaults for want of Reparations
H. B. or to his use as aforesaid without the let sute trouble molestation interruption or eviction of him the said Sir H. B. his heirs or assigns or of any other person or persons whatsoever lawfully claiming by from or under him his estate or title L. Cum Coven pro utter Assur Litterdel Attorney c. In witness whereof c. A Covenant to deliver Evidences by such a time ANd the said G. A. for him c. That he the said G. A. his Heirs Executors or Administrators or some of them shall and will before the first day of March next ensuing the date hereof deliver or cause to be delivered unto the said A. Lady D. and Sir J. D. or to one of them all such Deeds Charters Evidences Court-Rolls Exemplifications of Records Transcripts of Fines Terriers Escripts Writings and Minuments concerning only the premisses or only any part or parcel thereof as now be in the possession custody or keeping of the said G. A. or of any other person or persons by his delivery or to his use or which he may obtain get or come by without suit in Law whole uncancelled safe and undefaced or in as good plight as the same now are and be and also true Copies of all such other Deeds Charters Evidences and Writings as the said G.A. hath touching and concerning the said Lands and Premisses or any part thereof joyntly or together with any other Lands c. of the said G. A. the said A. Lady D. and Sir J.D. and their heirs or some or one of them paying or bearing the charge of making and writing the same Copies c. A Declaration of a Fine and Recovery to variety of uses well penn'd THis Indenture made c. Between the Right Honourable T. Lord W. of the one part and the Right Honourable W. Lord P. Sir M. F. of c. on the other part Whereas the said M. B. and W. D. in the term of E. in the eleventh year of the Reign of our said Soveraign Lord King James Recital of the Recovery of England c. by Writ of Entry Sur Disseisin in le post did recover against the said T. Lord W. all those the Mannors of M. alias M. A. L. A. R. and N. with the appurtenances and of 30. Messuages 30. Tofts 6. Water-mills 6. Dove-houses 30. Gardens 1000 acres of Land 200 acres of Meadow 300 acres of Pasture 2000 acres of wood 300 acres of Furze and Heath 10 pounds Rent free warren and view of Frank-pledge with the appurtenances in M. alias M. A. N. and S. and also the Advowson of the Churches of M. alias M and A. as in and by the said Recovery remaining of Record in his Majesties said Court of Common-Pleas at Westminster to which Relation being had more at large appeareth And whereas in the Term of the Holy Trnity last past before the date hereof that is to say a Die sce Of the Time Trinitatis in tres septimanas in the said term in the Court of our Soveraign Lord the Kings Majesty before his Justices at Westminster a Fine Sur Cognizance de droit come ceo c. with Proclamations according to the form of the Statute in such case made and Provided was levied between the said W. R. and W. D. Plaintiffs and the said T. Lord W. Deforceant of the Mannors of T. alias T. and B. alias B. with the appurtenances in the County of W. and W. and of all that Grange or Capital Messuage called H. house and of all the Messuages Lands Tenements Rents Reversions Services and Hereditaments whatsoever to the said Mannors and Grange or any of them belonging or appertaining or reputed to belong or appertain or as part or parcel or member of them or any of them or accepted reputed taken demised used occupied or enjoyed as part thereof in the said Counties of W. and W. and of all other the Messuages Lands Tenements Rectories Tithes and Hereditaments with the appurtenances of the said T. Lord W. in the said Counties of W. and W. by the names of the Mannors of T. alias T. and B. alias B. with the appurtenances and of 40. Messuages 20 Tofts 4. Water-Mills 4. Dove-houses 40. Gardens 1000 acres of Land 600. acres of Meadow 1000. acres of Pasture 400. acres of Wood 400 acres of Furze and Heath 20 acres of Marsh and twenty shillings Rent with the appurtenances in T. alias T. Alne-Church B alias B. F. and Beoleyl and also of the Rectories of T. alias T. and B. alias B. with the appurtenances and all and all manner of tithes of Corn and Hay growing coming or renewing in T. alias T. and B. alias B. and of the Advowson of the Vicaridge of the Church of T. alias T. in the County of W. and of the Mannors of T. alias T. and B. alias B. with the appurtenances and 4 Messuages and one Dove-house 4 Gardens 300 acres of Land 600 acres of Meadow 300 acres of Pasture 200 acres of wood and 30 acres of Marsh with the appurtenances in T. alias T. Aln-Church and B. alias B. and also of the Rectory of T. alias T. and B. alias B. with the appurtenances and of all and all manner of tythes of common Hay growing coming and renewing in T. alias T. and B. alias B. and of the Advowson of the Vicaridge of the Church of T. alias T. in the County of W. as by the said Fine remaining of Record in his Majesties said Court of Common Pleas at W. to which Relation being had more fully and at large appeareth Now this Indenture witnesses The intent of the parties That the true intent and meaning of the said T. Lord W. and of the said Recoverers and parties to the said Recovery and also of the said Cognizees of the said Fine and parties to the same Fine and of all and every of the parties to these presents before and at the several and respective time and times of the suffering of the said Recovery and Acknowledgments and levying of the said Fine for touching or concerning the said Mannors Lordships Lands Tenements Hereditaments and premisses whereof the said Recovery and Fine were severally and respectively suffered levied and had as aforesaid alwayes was and yet is that as well the said Recovery as the said Fine and all and every Fine and Fines Recovery and Recoveries and other Acts and Assurances of the said Mannors Messuages Lands Tenements Rents Rectories Tythes Advowsons Hereditaments and Premisses or of any of them with the appurtenances at any time heretofore suffered levied executed or had wherein or whereunto the said T. Lord W. was or is any wayes a party and all and every the executions of the same and every of them should and shall be and enure and be construed adjudged deemed and taken to be and enure And were and hereby are Covenanted granted concluded agreed and declared to be and enure to the uses purposes and intents and under the Provisions Conditions
reserved upon any demise lease or grant demises leases or grants heretofore made or granted of the premisses or of any part or parcel thereof and the Reversion and Reversions Remainder and Remainders of all and singular the premisses and of every part parcel thereof and also the said R.M. for the consideration aforesaid hath granted bargained and sold and by these presents doth fully and clearly grant bargain and sell unto the said R. L. and G. L. their heirs and assigns for ever all the estate right title interest use possession reversion property condition claim and demand whatsoever which he the said R. M. hath or had or shall should may might or of right ought to have or claim of in or to the said Mannor and Lordship of C. Rectory Advowson Messuages Lands Tenements Hereditaments and all and singular other the premisses with the appurtenances before in and by these presents granted bargained and sold or of in or to any part or parcel thereof Habendum To have and to hold all the said Mannor and Lordship Rectory Advowson Messuage Lands Tenements Meadows Feedings Pastures Commons Rents Reversions Services Hereditaments and all and singular other the premisses herein before mentioned meant or intended to be hereby given granted bargained and sold and every part and parcel thereof with all and singular the Rights Members and Appurtenances unto the said R. L. and G.L. their heirs and assigns to the onely proper use and behoof of them the said R. L. and G. L. and of their heirs and assigns for ever And the said R.M. and his heirs the said Mannor c. ut in al. Warranty Warran c. In cujus rei c. An Indenture of Covenants to the former Indenture Whereupon a Recovery is passed THis Indenture made the c. between Sir R. M. of c. of the one party and R. L. c. and G. L. of the other party Whereas the said R. M. by an Indenture of Bargain and Sale bearing the date hereof and sealed and delivered with these presents for the Causes in the same Indenture mentioned and expressed doth give grant bargain sell and confirm unto the said R. L. and G. L. their heirs and assigns for ever all that the Mannor and Lordship of C. c. and divers other Lands and Tenements as by the same Indenture of Bargain and Sale amongst other Covenants grants and agreements therein mentioned more at laâ—ge it doth and may appear Now this Indenture witneâ—◠〈◊〉 That the said R.M. for the consideration in the said Indenâ—â—â—◠〈◊〉 Bargain and Sale mentioned hath bargained and sold and by these presents doth bargain and sell unto the said R. L. and G. L. their heirs and assigns for ever All and all manner of Deeds Evidences Charters Writings Escripts For delivery of Evidences Court-Rolls Books of Survey Books of Accompt Rentals Counterparts of Leases Terrors Boundaries and Minuments whatsoever any way touching or concerning the said Mannor and Lordship rectory advowson messuages lands tenements and other the Premisses with the appurtenances or any part or parcel thereof All which said deeds evidences writings escripts Court-Rolls books of Survey books of accompt Rentals Counterparts of Leases Terrors Boundaries and Minuments before mentioned Forster or so many of them as now be in the hands custody or possession of the said R.M. or of any other person or persons to his use or by his delivery or which he knowing where they are may lawfully get or come by without sute in the law together with true Copies of all Deeds Evidences Writings and Minuments as do touch or concern the premisses or any part or parcel thereof joyntly with any other lands or tenements the same Copies to be written and copied out at the costs and charges of the said R. L. and G L. their heirs and assigns And the said R.M. for himself his Heirs Executors and Administrators doth covenant c. to and with the said R. L. and G. L. their and either of their heirs and assigns and every of them by these presents to deliver or cause to be delivered unto the said R. L. and G. L. their heirs and assigns or to some of them For being seized on this side and before the Feast of c. whole safe uncancelled and undefaced And the said R. M. doth covenant c. in manner and form following viz. That he the said R. M. at the time of the ensealing and delivery of these presents is and standeth and so until a good and lawful estate shall be vested and executed in the said R. L. and G.L. and their heirs according to the intents and true meaning of these presents shall be and stand and be the very true sole lawfull and perfect owner and rightfully and absolutely seized of the said Mannor and Lordship and of all and singular other the Premisses with the appurtenances in the said Indenture mentioned meant or intended to be thereby given granted bargained and sold in his Demeasn as of Fee-simple or Fee-tail general to his own proper use and behoof without any manner of condition or limitation of any use or uses to alter change or determine the same And that there is not nor before the execution or vesting of the said estate No Reversion in the King there shall be any Reversion or Remainder thereof or of any part or parcel thereof c. or in any other person or persons And also that he the said R. M. now hath and untill he executing and vesting of the said estate shall have full power lawful and rightful authority to convey and assure the saiâ— Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and all and singular other the above mentioned bargained Premisses with the appurtenances unto the said R.L. and G. L. their heirs and assigns for ever in form aforesaid And the said R. M. doth covenant c That the said Mannor and Lordship Rectory Advowson Messuages Lands Discharge of incumbrances Tenements and all and singular other the Premisses before by the said Indenture given granted bargained and sold or meant mentioned or intended to be thereby given granted bargained and sold and every part and parcel thereof with the appurtenances at the ensealing and delivery of these presents are and be and so at all times hereafter for ever shall be remain and continue unto the said R.L. and G. L. their heirs and assigns free and clearly acquitted exonerated and discharged or otherwise well and sufficiently saved and kept harmlesse of and from all and all manner of bargains sales gifts grants leases joyntures dowers annuities statutes-merchant and of the staple recognizances uses wills intails fines for alienation without licence post fines rents charge-rents seck arrerages of rents amerciaments intrusions primer-seisins condemnations judgements extents executions claims duties debts of Record debts to the c. and of and from all other charges estates titles troubles incumbrances and demands whatsoever had made
Execution upon a Statute or Recognisance and when and how Wherein take notice 1. That when a man doth enter into a Statute or Recognisance the Land of the Conusor is not the debtor but the Body And the Land is lyable onely in respect that it is in the hands of the Conuâ—or at the time of the acknowledging of the Statute or afterwards and the Land is not charged with the debt but chargeable onely at the election of the Conusee but the person is chargeable and the Land in respect of the person And therefore although the Conusor alien his Land to another yet he remains debtor still and his body and goods shall be taken in Execution Plow 72. 2. That the body of the Conusor himself but not the body of his Heir Executor or Administrator is lyable to Execution and may be taken although there be Lands Goods and Chattels to satisfie the debt 3. That all the Demesne Lands Tenements and Hereditaments corporeal and incorporeal of the Conusor that are grantable over as his Mannors Messuages Lands meadows Pastures Woods Rents Commons Tythes Advowsons and the like also his Goods and Chattels as Leases for years and all his Emblements Cattel Housholdstuff and the like and Wardships when they were in being are lyable to Execution upon a Statute But Annuities Offices in Trust Seigniories in Frank-almoigne Homage Fealty Right to Land things in action and such like are not liable to such Execution Co. 3.12 Plow 72. Co. 2.59 Litt. Sect. 318. Dyer 7.205 Co. on Litt. 174. Doct. Stud. 53. Co. 2. Part. Inst 397. 4. All the Lands Tenements and Hereditaments which the Conusor had at the time of the Recognisance entred into or at any time after in whose hands soever or by what means soever the same are come at the time of the Execution shall be subject and lyable to the Execution But the Lands which the Conusor had and did put away before the time of the Statute or Recognisance entred into are not lyable And all the Goods and Chattels the Conusor hath or are found in his hands at the time when the Execution is to be made by Extendi facias are lyable But the Goods and Chattels he had and did bona fide do away before the time of Execution done are not lyable to the Execution Co. 3.12 5. The Conusee upon other Recognizances shall have the same things in execution as a man shall have after a Judgment in a Suit in the Kings-Bench or Common Pleas by Fieri facias or Levari facias all his Goods and Chattels and by Elegit the moiety of his Lands and all his Chattels besides the Cattel of his Plow and Implements of Husbandry But in these cases he cannot take the body of the Conusor in Execution unless it be upon a new Suit or in case of Bayl in the Kings Bench. Plow 72. Co. 3.12 Dyer 306. In the next place I will shew you the Method how a Statute or Recognizance is to be executed and all the proceedings thereupon Wherein observe That Recognisances are of two sorts 1. Such as are usually taken in the Kings Courts of Record at Westminster 2. Such as are in the nature of a Statute staple by the Statute of 23 H. 8. The proceedings upon the Statute Staple and the Recognisance founded on the 23 H. 8. aforesaid in the execution thereof are in the same manner as the proceedings in the Statute Merchant which I mention hereafter but with these differences 1. Upon the execution of the Statute-Merchant there issues forth a Capias against the Body before any execution be made of the Lands or Goods and Chattels and the Lands and goods cannot be extended till a quarter of a year be past after the Body is taken or the Sheriff have teturned a Non est Inventus But upon the execution of the Statute-Staple and the Recognisance the Body goods and Lands may be taken altogether at once Then secondly Upon a Statute-Merchant one may have an Action of debt but otherwise it is of a Statute-staple And thirdly The Capias upon the Statute-Merchant may be returnable in the Kings-Bench or Common-Pleas but the Writ of Execution upon the other is to be returnable in Chancery F.N.B. 130 131. Co. on Litt 290. Fourthly That in a Statute-Staple presently after the Certificate into the Chancery the Conusee shall have a Writ to take his body and extend his Lands and Goods returnable in Chancery which is a Commission directed to the Sheriff of the County where the Goods and Lands lye for the valuing thereof whereby they shall be apprised at a reasonable rate by a Jury of sworn men impanelled by the Sheriff for that purpose which Inquisition returned by the Sheriff he may take and deliver the Lands and Goods to the Conusee To hold the same till he be satisfied of his debt and damages or if he refuse the Conusee may force him to it by a Liberate Dyer 180. Co. 4.67 The proceedings upon a Statute Merchant are That the Conusee may if he please bring his Statute to the Mayor Clerk or other Officer before whom it was acknowledged and there if they find the record of it and the day to be past for the payment of the money they are to apprehend and imprison the body of the Conusor if he be a Lay-person and can be found within their Jurisdiction And if he cannot be found then they are to certifie the Record into Chancery And this they may be compelled to by Certiorari if otherwise they refuse to do it And upon a Nihil returned upon a Testatum est he may have process into another County but otherwise it is of goods And if that Certificate be faulty or Execution be not done upon it by reason of the Conusees death or otherwise the Conusee or his Executor or Administrator may have another Certificate and thereupon he shall have a Writ of Capias out of the Chancery directed to the Sheriff of the County where the Conusor lives to apprehend and imprison him if he be not a Clergy-man and this to be returned into the Kings Bench or Common-Pleas And when the Conusor is taken he shall have time for a quarter of a year to make his agreement with the Conusee and to sell his Lands or Goods to satisfie him And to that purpose he himself may sell his Lands and Goods although he be in prison and the sale thereof will be good and lawful But if in that time he do not satisfie the Conusor or if upon the Capias the Sheriff return a Non est inventus then by another or divers Writs if the Lands and Goods lye in divers Counties called Extendi facias to all the Sheriffs of the Counties where he hath Lands whereby they shall be commanded to extend his Lands and goods and to deliver the goods to him and the Lands To hold to him and his heirs till the debt be levied or paid And this Act of the Sheriff
the appurtenances in N. and A. aforesaid or either of them containing by estimation c. then lately purchased by the said R. R. as in and by the said several Indentures or Deeds indented amongst other things therein contained more at large it doth and may appear in which said several Indentures there is contained a Proviso in these words following that is to say Provided alwayes That if the said R. R. during his natural life shall by his Deed or Deeds of revocation under his hand and seal testified by two witnesses or more revoke annihilate and make void or declare that he doth revoke annihilate and make void all or any the Uses and Estates in and by these presents limited and raised of or upon all or any of the said Mannors Messuages Lands Tenements and Hereditaments whatsoever in the said Fine to be contained and in these presents mentioned that then from and after the ensealing of such Deed or Deeds of revocation such of the said Uses as shall be declared to be revoked shall cease and be utterly void frustrate and of none effect and that then the said Fine of such parcel or parcels to be revoked shall be to the onely use of the said R. R. and his Heirs for ever any thing before in these presents contained to the contrary thereof in any wise notwithstanding as in and by the said Proviso in the said several Indentures mentioned and contained more plainly may appear Now know ye that the said R.R. as well in consideration that the uses and estates of and in the said Mannor Lands Tenements and Hereditaments in the aforesaid Indentures of entail specified may touching the said uses and estates remain and be rovoked and continue to the said R. R. his heirs and assigns to be disposed of at his or their pleasures and also for divers other good and just Causes and Considerations him hereunto especially moving and by vertue of the Proviso contained in the said several Indentures above recited or mentioned or other wise hath revoked annihilated and made void and by this present deed of Revocation doth revoke annihilate and make void the several uses and estates in and by the said Indentures or either of them raised or limited of or upon all the said Mannor of Lingate with the Royalties Rights members and appurtenances thereof whatsoever in N. and A. aforesaid or either of them in the said County of c. and of all the said Lands Tenements and Hereditaments to the said Mannor of Lingate now or of late appertaining or belonging or as part parcel or member thereof heretofore had known or reputed with the appurtenances in N. and A. aforesaid or either of them containing by estimation c. late purchased by the said R. R. of c. And further the said R. R. for the consideration aforesaid and by vertue of the said Proviso contained in the said several Indentures and otherwise hath revoked annihilated and made void and by this present Deed of Revocation doth revoke annihilate and make void the several uses and estates in and by the said Indentures or either of them raised and limited of or upon one Close of Land and Pasture called K. Close containing by estimation c. and of or upon one other Close of Land and Pasture with the appurtenances containing by estimation c. in N. aforesaid and of or upon two acres of arable Land by estimation c. in N. aforesaid now in the occupation of c. or of his Assigns In witness c. A Grant of the Reversion of certain Lands THis Indenture made c. between R. W. of c. of the one part and C. D. of c. of the other part witnesseth That the said R. W. for and in consideration of the sum of c. hath granted bargained and sold and by these presents doth fully clearly and absoluted grant bargain and sell unto the said C. D. his Heirs and Assigns for ever all that his Right Title Use Interest Reversion and Remainder of and in all and singular c. now or late in the Tenure or Occupation of c. which said Messuage and other the premises with the appurtenances he the said R. W. hath should or ought to have by and after the deceasâ— of A. W. Mother of the said R. Which said Messuage or Tenement Barn Orchard c. with the appurtenances R. W. deceased late Father of the said R. W. party to these presents By his last Will and Testament devised willed and bequeathed unto the said A. W. for and during the natural life of the said A. W. and the immediate reversion or remainder thereof to the said R. W. and his Heirs for ever Together with all the Deeds Evidences Charters Escripts Writings and Minuments which he the said R. W. or any other to his use or by his consent or delivery have or hath touching or concerning the said Messuage or Tenement and other the premises or any part or parcel thereof All and singular which said Deeds Evidences Charters c. the said R. W. hath already delivered at and before the ensealing and delivery of these presents To have and to hold the said reversion and remainder and all the Estate Right Title Interest c. of the said R. of in and to the said Messuage or Tenement other the premises with the appurtenances before by these presents granted bargained and sold or meant mentioned or intended to be hereby granted bargained and sold and every part thereof immediately from and after the decease of the said A. W. the Mother unto the said C.D. his Heirs and Assigns for ever to the onely proper use of the said C. D. his Heirs and Assigns for ever And the said R. W. for himself his heirs c. That he the said R. W. at the day of the date of these presents is lawfully and solely seized of and in the reversion and remainder of the said Messuage or Tenement and of other the premises with the appurtenances immediately from and after the decease of the said A. W. of a true and perfect estate of inheritance in the Law in Fee to his own use without any manner of Condition Mortgage or Redemption And further that the said reversion or remainder of the said Messuage or Tenement and of other the premises with the appurtenances from by and after the decease of the said A. W. the Mother and at the day of the date hereof are and be and so at all times from henceforth shall be and continue free clear and clearly acquitted exonerated and discharge and freely save harmless by the said R.W. his Heirs Executors and Administrators of and from all and every former and other Bargains Sales Gifts Grants Leases Statutes-Merchant and of the Staple Recognizances Joyntures Dowers Wills Entails Intrusions Rents-charge Rents-seck Arrerages of Rents and of and from all other Charges Titles Troubles Incumbrances and Demands whatsoever had made committed suffered or done by c. In
Heirs of the said V. W. for ever And the true intent and meaning of these presents and of all the Parties hereunto upon the execution of these presents is and the special trust and confidence in them the said A. B. J. P. and J. G. their Executors Administrators and Assigns hereby reposed is hereby declared and agreed to be That if in case the said V. W. shall depart this life having no Issue male of his body upon the body of the said F. lawfully begotten or without leaving the said F. with Child of a Son who hereafter shall be born alive and having at the time of his decease one two or more Daughters of his body on the body of the said F. lawfully begotten then living or if there be one onely Daughter if she be not preferred in Marriage with Eight Thousand pounds portion or if there be two such Daughters and if they be not severally preferred in Marriage with One thousand pounds a piece or if there be three such Daughters if they be not preferred in Marriage with portions of One thousand Marks a piece as is hereafter mentioned Or if the said V. W. leaving the â—nd F. with Child of one or more Daughter or Daughters who sâ—all after be born alive that then the said A. B. J. P. and J. G. the Survivor and Survivors of them his and their Executors Administrators and Assigns out of the Rents Issueâ— and Profits of the said Messuages Cottages Closes Pastures Meadows Tenements Hereditaments and other the premises with the appurtenances so to them limited and appointed for Lives and Years as aforesaid shall raise and levy as soon as conveniently may be found for the portion of such Daughter if there be but one the sum of Two Thousand pounds of lawful c. to be paid to such onely Daughter her Executors and Assigns at her age of Eighteen years or day of Marriage which shall first happen or as soon as the said sum of Two Thousand pounds can be raised And if there shall be two such Daughters the sum of One Thousand pounds a piece Or if there be three Daughters then for the portions of the three Daughters the Sum of One thousand Marks a piece of current c. to be paid to them their Executors and Assigns severally and respectively at their several and respective ages of Eighteen years or dayes of Marriage which shall first happen or as soon as the same can be conveniently raised And upon this further trust and confidence and to the intent and purpose that if it shall happen the said V. W. die leaving one only Daughter or two or three Daughters of his Body on the Body of the said F. begotten then living or afterwards to be born as aforesaid And that the said onely Daughter shall happen to depart this Life before she accomplish her age of Eighteen years or day of Marriage or if there fortune to be two or more Daughters then if both or all the said Daughters die or depart this Life before either or any of them accomplish their several ages of Eighteen years or be married as aforesaid then the said several sums of money intended for the portions and advancements of such Daughter or Daughters as aforesaid or so much thereof as shall be raised or levyed out of the Rents Issues and Profits of all or any the Premises all Charges and Expences being defrayed wherein full and liberal allowance shall be made and given shall be satisfied or paid to such person or persons as the said V. W. his Heirs or Assigns by any writing under his or their Hand subscribed in the presence of two or more credible Witnesses shall limit and appoint And in default of such limitation and appointment to the Executors or Administrators of the said V. W. and his Heirs And upon this further trust and confidence and to the intent and purpose that the said A. B. J. P. and J. G. and the Survivor and Survivors of them his and their Executor and Assigns shall out of the Rents Issues and Profits of the aid Messuages Cottages Lands Tenements Hereditaments â—nd Tremises so to them limited for raising of portions as aforesaid with their and every of their appurtenances levy and pay or cause to be levied and paid to for the maintenance of such Daughter or Daughters as aforesaid if there be but one only Daughter the sum of 50 l. per annum and if there be two or three Daughters the sum of 30 l. per annum a piece until such Daughter or Daughters respectively shall attain to her or their age of Eighteen years or shall be married and her or their portions paid as aforesaid Provided alwayes that it is the true intent and meaning of all the said Parties to these presents That if the said V. W. shall happen to depart this Life without any Issue Female of his Body upon the Body of the said F. begotten or without leaving the said F. with Child of one or more Daughters that shall be after born alive That then the Estate and Estates so limited as aforesaid to the said A. B. J. P. and J. G. for their Lives and after their Deceases to their Executors and Administrators for Sixty years shall cease determine and be utterly void Provided also that from and immediately after such time as the aforesaid A. B. J. P. and J. G. their Executors or Assigns shall or might have limited and raised the said several sums for portions and present maintenance of such Daughter and Daughters as aforesaid that the said Estate for Lives and Years limited to them in trust as aforesaid shall cease determine and be utterly void and the said Messuages Cottages Lands and Tenements and all and singular other the premises so to them limited as aforesaid in trust shall immediately go and be to such person or persons to whom the Rerversions or Remainder of the said Messuages Lands and Premises shall belong and appertain And the said V. W. for himself his Heirs Executors Administrators and Assigns and every of them doth covenant grant and agree to and with the said A. B. J. P. and J. G. their Heirs Executors Administrators and Assigns and to and with every of them by these presents that the said Messuages Cottages Closes Meadows Pastures Tenements and Hereditaments and all and singular other the premises before by these presents 〈◊〉 â—ectively limited and appointed for the Joynture of the said 〈…〉 are and so from time to time and at all times hereafter 〈…〉 notwithstanding any act or default of the said V. W. 〈…〉 Assigns or any of them shall remain continue and be 〈…〉 F. and her Assigns of the clear yearly value of c. over 〈…〉 all Charges and reprizes Provided alwayes and upon 〈…〉 condition and to the further use intent and purpose 〈…〉 said V. W. happen to depart this Life leaving a Son of his Body on the Body of the said F. lawfully begotten and the said F. do him
Mariners for the safe conducting of the said Ship and keeping of the Merchants Goods during the said Voyage In witness c. A Mortgage of Lands upon Money c. THis Indenture made the c. between T. A. of c. of the one part and T. M. Vintner and Citizen of London of the other part Witnesseth That the said T. A. for and in consideration of the sum of c. of lawful money of England in hand paid unto him the said T. A. by the said T. M. at and before the ensealing and delivery of these presents the receipt whereof the said T. A. doth hereby acknowledge and thereof and of every part thereof doth hereby also clearly acquit and discharge the said T. M. his Heirs and Assigns and for divers other good Causes and Considerations him the said T. A. thereunto moving Hath demised granted bargained and to farm-letten and by these presents doth c. unto the said T. M. his Executors Administrators and Assigns all those three several Pastures of Grounds lying in S. within the parts of Holland in the County of L. containing by estimation c. be they more or less now or late in the Tenure or Occupation of one I. B. his Assignee or Assignees To have and to hold the said three Pastures and every part and parcel thereof with their and every of their appurtenances unto him the said T. M. his Executors and Assigns from the Feast of c. now next ensuing the date of these presents for during and until the full end and term of 99 years from thence next ensuing and fully to be computed compleat and ended Yielding and paying therefore yearly during the said term unto the said T. A. his Heirs Executors Administrators or Assigns one Pepper-corn if it be lawfully demanded at or on the Feast-day of St. Michael the Archangel And it is hereby concluded and agreed by and between the said Parties to these presents and the said T. A. doth for himself and A. his wife their Heirs Executors c. covenant promise and agree to and with the said T. M. his Executors Administrators and Assigns that it shall and may be lawful to and for the said T. M. his Executors Administrators and Assigns quietly and peaceably to have hold occupy possess and enjoy all and singular the said three Pastures or Grounds and Premises with their and every of their appurtenances from time to time and at all times hereafter during the said term without the lawful let and interruption of him the said T. A. and A. his wife their and either of their Heirs Executors or Assigns or of any other person or persons whatsoever lawfully claiming from by or under them or either of them And also freed and discharged of and from all and all manner of former Bargains Sales Gifts Grants Judgments Executions and other Charges of Incumbrances whatsoever had made done or suffered by them or either of them Provided alwayes and it is nevertheless agreed and concluded by and between the said Parties to these presents and it is the true intent and meaning thereof That if the said T. A. his Executors Administrators c. or either of them shall well truly pay or cause to be paid unto the said T. M. his Executors Administrators and Assigns the full and entire sum of c. of lawful money of England on the day of c. next ensuing the date of these presents at or in c. That then this present Indenture Demise and Grant and every Clause and Article therein contained shall cease determine be void and of none effect any thing in these presents contained to the contrary thereof in any wife notwithstanding In witness c. An Indenture of Bargain and Sale of a Mannor with necessary Covenants THis Indenture made the c. between J. W. of c. on the one part and R. D. of c. and B. his wife on the other part Witnesseth c. Hath granted aliened bargained and sold and by these presents doth grant allen bargain and sell unto the said R. D. and B. his wife their Heirs and Assigns all that the Mannor of c. with the appurtenances in the County of Essex And all the Lands Tenements and Hereditaments with the Appurtenances whatsoever by what name or names soever the same or any of them be known or called now in the Tenure or Occupation of W. E. or his Assigns Together with all and singular the Lands Tenements Profits Commodities and Hereditaments to the said Mannor of H. belonging or in any wise appertaining or with the same at any time heretofore demised used or occupied or reputed taken occupied or known as any part parcel or member thereof And all other his Messuages Lands Tenements and Hereditaments whatsoever lying and being in the Parish of c. or in any of them in the said County in E. And all and singular the Reversion and Reversions Remainder and Remainders of them and every of them and all Rents reserved upon any Demise or Lease of them or any part of them And also all the Estate Right Title or Interest Use Possession Claim and Demand whatsoever which he the said J. W. now hath may might should or in any wise ought to have of in and to all and singular the said bargained premises or any part thereof Together with all and singular Evidences Deeds Escripts Charters Writings Court-Rolls Books of Survey and Monuments whatsoever concerning the same as be now in the Hands Custody and Possession of the said I. W. or in the Hands Custody and Possession of any other person or persons whatsoever to his use by his delivery or which he may lawfully get or come by without suit in Law And the said J. W. doth covenant promise and grant for himself his Heirs Executors and Administrators and for every of them to and with the said R. D. and B. his wife their Heirs and Assigns upon reasonable request to deliver or cause to be delivered unto the said R. D. and B. or either of them their or either of their Heirs or Assigns at or before the Feast-day of St. Michael the Archangel next ensuing the date of these presents true Copies of all such Evidences and Writings as concern the said Lands together with any other Lands of the said J. W. to be written at the Costs and Charges of the said R. and B. or either of them their Heirs or Assigns Habend To have and to hold all and singular their said Mannor of H. Lands Tenements and all other the aforesaid premises and all and singular their appurtenances before in and by these presents bargained and sold and every part and parcel thereof unto the said R. D. and B. his wife their Heirs and Assigns for ever And the said J W. for himself his Heirs That he is seised in Fee and hath power to grant Executors and Administrators doth covenant and grant to and with the said R. D. and B.
T. his Executors Administrators and Assigns and every of them by these presents That the said Sir W. T. his Executors Administrators and Assigns shall and may lawfully peaceably and quietly have hold occupy possess and enjoy all and singular the premises before by these presents demised and every part and parcel thereof with their and every of their rights members and appurtenances without the lawful let suit trouble eviction expulsion interruption or demand of or by the said Sir T. B. and M. H. or the Heirs or Assigns of either of them or of or by any other person or persons lawfully claiming from by or under them or any of them or their or any of their uses or by from or under their or any of their title estate means or procurement as also acquitted and discharged or within convenient time after reasonable request thereof to be made well and sufficiently saved and kept harmless of and from all and all manner of former or other Bargains Sales Estates former Leases Titles Dowers Rights Titles of Dowers Joyntures Uses Entails Wills Rent-Charges Rent-Services Arrerages of Rents Statutes Recognizances Judgments Executions Titles Troubles Charges and Demands whatsoever had made done committed or willingly and wittingly suffered by the said Sir T. B. and M. H. their Heirs or Assigns or any of them or of or by any other person or persons whatsoever lawfully claiming by from or under them or any of them or to their or any of their uses or by their or any of their titles estates means or procurement In witness whereof the Parties first above-named to these present Indentures have interchangeably set their hands and seals the day and year first above written An Indenture of re-demise of the former demised premises to the same Parties reserving the Rent of 250 l. with a Proviso that the same shall cease upon the payment of the sum of Money in the former Demise specified THis Indenture made the c. day of c. between Sir VV. T. of G. in the County of N. Knight of the one part and Sir T. B. of D. in the County of N. Knight and Baronet and M. H. of D. aforesaid in the said County of N. Gentleman Servant of the said Sir T. B. of the other part VVitnesseth That the said Sir VV. T. as well for and in consideration of the yearly Rent hereunder reserved well and truly to be contented and paid in manner and form hereunder expressed As also for divers other good Confiderations him at this present thereunto especially moving Hath demised granted and to farm-letten and by these presents doth demise grant and to farm-let unto the said Sir T. B. and M. H. and the Executors Administrators and Assigns of the said Sir T. B. all those several Closes or parcels of Lands Meadows Pastures and Arable called or known by the several Names following That is to say one Close or parcel of Ground called D. containing by estimation c. Acres be the same more or less and so go on as in the demise All and singular which said Closes and parcels of Lands are scituate lying and being within the Fields Patishes Precincts and Territories of H. alias H. in the County of L. and are part and parcel or reputed and taken to be part and parcel of the Mannor of H. alias H. aforesaid And also all and singular Messuages Tenements Buildings Orchards Gardens Commons Common of Pasture VVaters Fishings VVoods Under-woods Trees Bushes Fences Free-boards VVayes Easements and all other Rights Jurisdictions Priviledges Franchizes Liberties Profits Commodities Emoluments and Hereditaments whatsoever growing being arising coming or issuing in upon or out of the premises and every part and parcel thereof or to the same or any part thereof belonging To have and to hold all and singular the said Closes and parcels of Land and all and singular the premises and every part and parcel thereof with their and every of their Rights Members and Appurtenances unto the said Sir T. B. and M. H. and the Executors Administrators and Assigns of the said Sir T. B. from the first of May last past before the date hereof unto the full end and term of Nine hundred ninety and nine years from thence next and immediately ensuing and fully to be compleat and ended Yielding and paying therefore yearly during the said term unto the said Sir VV. T. his Executors Administrators and Assigns at or in the South-porch of the Parish-Church of D. aforesaid the sum of Two hundred and fifty pounds of current English Money at two usual Feasts or Terms of the year that is to say at the Feast of Philip and Jacob and All-Saints by even and equal portions And if it shall happen the said yearly Rent of c. or any part or parcel thereof to be behind and unpaid after either of the aforesaid Feast-dayes of payment in which the same ought to be paid by the space of fifteen dayes that then and from thenceforth it shall and may be lawful to and for the said VV. T. his Executors Administrators and Assigns and every of them in all and singular the said Closes and parcels of Land and all and singular the premises and every part and parcel thereof with their and every of their appurtenances wholly to re-enter re-possess re-enjoy have again and detain as in his and their former Estate this Indenture or any thing therein contained to the contrary thereof in any wise notwithstanding Provided alwayes and it is covenanted Proviso condescended unto concluded and agreed by and betwixt all the Parties in these presents That if the said Sir T. B. his Executors Administrators and Assigns upon half a years warning thereof by writing under his or their Hands before-hand to be given by the said Sir T. B. his Executors Administrators or Assigns unto the said Sir VV. T. his Executors Administrators or Assigns shall and will at or on the first day of May or the Feast of All-Saints during the said term in and hereby demised at or in the place aforesaid pay or cause to be paid unto the said Sir VV. T. his Executors Administrators or Assigns at one whole and entire payment the sum of Five hundred pounds of current English Money over and besides the said Rent above reserved at such day or dayes as before in these presents are limited and appointed to and for the payment of the said Rent before reserved that then from and after such payment or payments of every of the said sum or sums of five hundred pounds as aforesaid endorsed upon both parts of these Indentures and subscribed by the said Sir VV. T. his executors administrators or assigns for every five hundred pounds that shall be paid as aforesaid the full and entire sum of fifty pounds of the said two hundred and fisty pounds Rent reserved as aforesaid shall cease and be determined the said reservation or any thing in these Indentures contained to the contrary thereof in any wise notwithstanding
play whereby his Master may incur any hurt Fornication in the house of his said Master or elsewhere he shall not commit Matrimony he shall not Contract Taverns he shall not frequent with his own proper Goods or any others during the said term without the special licence of his Master he shall not Merchandize from the Service of his said Master day nor night he shall not absent or prolong himself but in all things as a good and saithful Apprentice shall bear and behave himself towards his said Master and Mistress and all his during the term aforesaid And the said R. B. to his said Apprentice the Science or Art which he now useth shall teach and inform or cause to be taught and informed the best way that he may or can and also shall find to his said Apprentice Apparel Meat Drink and Bedding and all other Necessaries meet and convenient for an Apprentice for and during the term aforesaid In witness c. A Bargain and Sale of a Mannor THis Indenture made c. between J. H. of c. and R. B. of c. Esquires on the one part and W. of c. on the other part Witnesseth That whereas T. H. of c. Father of the said I H. by his Writing or Deed indented bearing date the c. in the Sixteenth year of c. for the considerations therein expressed did demise grant and to farm-let unto the said I. H. his said Son c. all those Three-yard-lands with the appurtenances in W. aforesaid being or being accounted to be the ancient Demeasn Lands of the Mannor of W. heretofore purchased by the said T. H. of R. S Esq and also all that his yard or half of Land being in W. aforesaid then lately purchased of one H. H. with all Hades Leyes-Banks Let-grass Commons Profits Wayes Easements Commodities and Appurtenances c. thereunto belonging and all that Dove-house Close and new Orchards in W. aforesaid to the said c. belonging or appertaining or therewith used occupied or enjoyed as in c. except c. To have and to hold the said Three-yard-lands Close Orchard and all other the premises except before excepted unto the said I. H. his Executors and Assigns for and during and unto the full end and term c. from thenceforth next and immediately ensuing if the said T. H. and his Assigns so long live for and under the c. payable as by the said Deed or Writing indented relation being thereunto had more at large it will and may appear And whereas further the said T. H. by one other Writing or Deed indented bearing date c. for and in consideration of the natural love and fatherly affection that he the said T. H. did bear to the said J. H. and to the Children of the said J. H. being his Grand-children and for the setling of the Mannors Lands Tenements and Hereditaments in the said Deed indented expressed in his Name and Blood did in and by the said last mentioned Deed indented covenant and grant for himself and his Heirs to and with the said J. H. and his Heirs that the said T. H. and his Heirs should and would immediately from thenceforth stand and be seized of and in all that the Mannor or reputed Mannor of W. in the County of O. and of and in all that the Capital Messuage of W. in the County of O. wherein the said T. H. then dwelt with all and singular their and every of their Rights Rents Quit-rents Members and Appurtenances whatsoever And of and in all those Three-yard-lands called or known by the name of the ancient-demeasn-Ancient-Demeasn-Lands of the said Mannor and of and in all that yard and half of Land lying in W. aforesaid which the said T. A. had lately purchased as aforesaid is expressed And of and in all and singular Messuages Lands Tenements and Hereditaments of the said T.H. in W. aforesaid the advowson of the C. of W. aforesaid excepted to the use and behoof of the said T. H. for and during his natural life without impeachment of or for any manner of waste and after his decease to the use and behoof of the said J. H. and his heirs for ever as by the said last mentioned Indenture acknowledged and enrolled in his Majesties High and Honourable Court of Chancery more at large it will and may appear By force and vertue of which said recited Indenture of Lease he the said J. H. is in and upon the said premises entred and was and is by force of the said recited Indenture and by force of the Statute made the c. in the c. for the transferring of uses into possession as well of the said term of three-score years as of the said remainder expectant after the death of the said T. H. possessed and seized And he the said J. H. being so of the said premises possessed and seized did afterwards by his Indenture bearing date c. and enrolled in the high Court of Chancery for the consideration therein expressed give grant bargain sell assign set over and confirm unto the said R. B. his Executors c. all singular the before mentioned premises with the appurtenances and every part and parcel thereof as in and by the said last mentioned Indenture whereunto relation being had more fully and at largâ— it doth and may appear Which said Bargain and Sale was and is upon condition that if the said J H. c. should or did pay c. on the c. at or in the c. unto the said R. B. his c. That then the said Indenture of Bargain and Sale to be void as in and by one Indenture made between the said J. H. on the one part and the said R. B. on the other part bearing date c. to which reference being had more at large it doth and may appear Now this Indenture further witnesseth That the said J. H. and R. B. for and in consideration of the sum of c. to them by the said W. P. before the ensealing and delivery of these presents well and truly in hand paid whereof and wherewith the said J. H. and R. B. do acknowledge themselves to be fully satisfied contented and paid and thereof and of every part and parcel thereof c. have granted bargained sold assigned set over and confirmed and by these presents do fully clearly and absolutely grant bargain sell assign set over and confirm unto the said W. P. his c. not onely the said recited Indenture of Lease and all their estate right title interest and term of years therein yet to come and unexpired but also all the said Mannor of W. and Capital Messnage in the said County of O. with the appurtenances Together with the said Three-yard Land called by the name of the ancient Demeasn Lands of the said Mannor And also all that yard and half of Land in W. aforesaid which the said T. H. purchased of the said H.H. as aforesaid And
other the premises above mentioned and with their appurtenances unto the said Sir H. W. his Heirs and Assigns to the uses and behoofs aforesaid against me the said E. I. and my heirs and against my Father I. I. and W. E. my Uncle their and either of their Heirs and Assigns or any other person or persons whatsoever claiming by from or under me them or any of them shall and will warrant and for ever defend by these presents In witness c. A Conveyance in Fee-simple of a House and Land c. THis Indenture made the c. between G. C. of c. on the one part and H. H. of c. and S. his wife on the other part Witnesseth That the said G. C. for and in consideration of the sum of c. to him at and before the ensealing and delivery of these presents well and truly in hand paid by the said H. H. and S. his wife where of and wherewith he the said G. C. doth acknowledge himself c. hath granted aliened bargained sold and confirmed and by these presents doth fully clearly and absolutely grant alien bargain sell and confirm unto the said H. H. and S. his wife all that Messuage or Tenement scituate or being in T. in the County of S. now in the Tenure or Occupation of the said G. C. or of his Assignee or Assignees and three acres of Land or thereabouts lying on the Backside of the said house be it more or less and all Barns Stables Orchards Gardens Buildings and other hereditaments to the same belonging or appertaining or with the said House or Tenement commonly used occupied or enjoyed or which are accepted reputed or taken to be part parcel or member of the same and now in the Tenure or Occupation of him the aforesaid G. C. his Assignee or Assignees with all Commons and Common of Pasture whatsoever to the same belonging and also of those two Cottages or Tenements in T. aforesaid standing together adjoyning to the said Messuage or Tenement and one parcel of Ground adjoyning to the said Cottages which said Cottages and parcel of Ground last mentioned do contain by estimation on the side towards the Kings High-street Twenty yards of Ground or thereabours and on that side towards the Garden now or late of the said G. C. thirteen yards of Ground or thereabouts and now are in the several Tenures and Occupation of M. J. and F. L. and the Reversion and Reversions Remainder and Remainders Rents and yearly Profits whatsoever of all and singular the said premises to every part and parcel thereof together with all and singular Deeds Evidences and Writings touching or concerning onely the premises or any part thereof To have and to hold the said Messuage or Tenement and the said three Acres of Land and the said two Cottages or Tenements and the said parcel of Land adjoyning to the said Cottages and other the premises with their appurtenances before by these presents bargained and sold or mentioned or intended to be thereby granted aliened bargained sold and confirmed and every part and parcel thereof unto the said H. H. and S. his wife and to the Heirs and Assigns of the said H. H. to the onely proper use and behoof of the said H. H. and S. his wife and the Heirs and Assigns of the said H. H. for ever and the said G. C. for himself c. that he the said H. H. for and notwithstanding any act done by him the said G. C. to the contrary at the time of the ensealing and delivery of these presents is and standeth lawfully and rightfully seized in his Demeasn as of Fee-simple in his own Right and to his own right Use without any condition limitation or other use or or trust to alter change or determine the same Estate of and in the said Messuages Lands Tenements Cottages and Premises before mentioned to be hereby granted bargained and sold and of and in every part and parcel thereof and that the said G. C. for and notwithstanding any act done by him to the contrary now hath and at the time of the first Estate to be had and executed to the said H. H. and S. according to the intent and true meaning of these presents shall have full Power just Right and lawful Authority to grant bargain and sell the same and every part and parcel thereof with the appurtenances unto the said H. H. and S. and the Heirs and Assigns of the said H. H. in manner and form as is before in these presents expressed and that the same Messuages or Tenements Lands Cottages and Premises and every part and parcel thereof with the appurtenances shall from henceforth for ever remain and continue unto the said H. H. and S. his wife and to the Heirs and Assigns of the said H. H. freely and clearly acquitâ—ed exonerated and discharged of and from all and all manner of former Bargains Sales Gifâ—â— Grants Dowers Joyntures Leases Rents Charges Rent-seck Arterages of Rents Annuities Uses Entails Statutes-Merchant and of the Staple Judgments Forfeitures Executions Intrusions and Incumbrances whatsoever and of and from all other Charges Titles Troubles and Incumbrances whatsoever had made committed or wittingly or willingly suffered or done by the said G. C. or by any other person or persons whatsoever lawfully claiming by from or under him the said G. C. or by his means assent privity or procurement the Rent and Services from henceforth to grow due to the chief Lord or Lords of the Fee or Fees of the premises for and in respect of his or their Seigniory or Seigniories onely excepted and foreprized And further that he the said G. C. and his Heirs and Assigns shall and will at all time and times hereafter within the space of five years next ensuing the date of these presents upon the reasonable request and at the Costs and Charges in the Law of the said H. H. and S. his wife or of the Heirs and Assigns of the said H. H. make suffer do knowledge and execute or cause to be made done knowledged suffered and executed all and every such further lawful and reasonable act and acts thing and things device and devices conveyances and assurances in the Law whatsoever for the further more perfect and better assuring and sure-making of the premises before mentioned to be hereby bargain'd and sold and of every part and parcel thereof unto the said H. H. and S. his wife and to the Heirs and Assigns of the said H. H. for ever Be it by Fine or Fines Feoffment or Feoffments Recovery or Recoveries with single or double Voucher or Vouchers Deed or Deeds inrolled or not inrolled the entolment of these presents release confirmation with warranty of the said G. C. and his Heirs onely against him the said G. C. and his Heirs or otherwise without warranty or by all every or any of the said wayes or means or by any other wayes or means which by the said H. H. c. or his
and to hold the said Annuity or yearly Rent of c. aforesaid unto the said S. L. and her Assigns in as large and ample manner and form as I the said J. W. may or ought to have and enjoy the same by force of the said Deed indented or any thing therein contained together with the said Deed indented In witness c. A Release for one used in trust TO all Christian people c. R. M. of c. sendeth greeting in our Lord God everlasting Whereas C. G. and T. T. for and in consideration of a certain sum of money to them paid by J. L. of c. by their Indenture of Bargain and Sale bearing date c. did grant bargain and sell unto the said I. L. and R. M. their Heirs and Assigns for ever all that their third part in three parts equally to be divided of all that their Messuage or Tenement called c. with the appurtenances scituate c. late in the Tenure of c. And also all that their third part in three parts equally to be divided of all that their Mine of Coals opened or to be opened or to be gotten or digged within the Grounds or Lands to the said Messuage or Tenement called c. belonging or appertaining or in any part or parcel thereof as by the same Indenture among divers other Covenants and Agreements more at large it doth and may appear All which premises in the Indenture specified so sold and granted to the said I. L. and R. M. as aforesaid was before and at the ensealing of the said Indenture intended and meant to be to the only use and behoof of the said I. L. and his Heirs and to no other use or purpose whatsoever Now know ye That I the said R. M. for and in regard of the trust and confidence in me reposed by the said I. L. have remised released and for ever quit-claimed and for me and my Heirs do by these presents remise release and for ever quit-claim unto the said I. L. and his Heirs All my Right Interest Estate Title and Demand which heretofore I have had or now have of and in the said premises in the said Indenture specified or in any part or parcel thereof In witness c. A Surrender of a Lease for Lives for the obtaining of a new Lease TO all c. I A. S. c. send greeting c. Whereas I the said A. now am and stand lawfully seized and possessed of a Lease for term of my life to be made and granted by c. bearing date c. of and in c. all which premises are scituate c. and are of the yearly value of c. as by the said Indenture of Lease Relation c. Now know ye That I the said A. have granted and surrendred and by these presents do fully and absolutely grant and surrender unto the said c. his Heirs and Assigns the said Messuage c. demised by the said c. to me the said A. by the said recited Indenture of Lease as aforesaid And all the Estate Right Title Interest term of Life and Demand whatsoever of me the said A. of in and to the said Messuage and other the premises with the appurtenances and of in and to every of them and every part and parcel thereof by force and vertue of the said recited Indenture of Lease or otherwise howsoever Together also with the said Indenture of Lease To the intent nevertheless and upon condition that the said c. may by his Indenture of Lease make a new demise and grant of the premises to J. H. and C. his wife and N. their Son for term of their natural Lives and the life of the longest Liver of them successively or otherwise as shall be thought convenient and for and under the yearly Rent and under such Provisoes Covenants and Articles as shall be thought fit therein to be comprized In witness c. A Revocation of a Suit TO all c. I A. B. send greeting c. Whereas an Action hath been brought at the Common Law in my name against P. F. upon a Bond wherein the said P. F. and one W. D. became bound unto me in the sum of c. on the c. as by the same Obligation c. Now know ye That I the said A. B. do by these presents revoke and withdraw the said Action and Suit brought against the said P. F. upon the said Obligation and all proceedings thereupon had in my Name and do also countermand all Letters of Attorney and other Authorities whatsoever by me heretofore made or given to any person or persons for the prosecution of any Action or Suit upon the said Bond and do also signifie and declare that my will and pleasure is that no action or suit shall at any time hereafter be brought and commenced against the said P. F. and W. D. nor either of them nor their nor either of their Heirs c. upon the said Obligation In Witness c. A Release for waste done TO all c. W. S. of c. sendeth greeting in our Lord God God everlasting Whereas J. S. of c. being possessed of a Lease for divers years yet to come of and in one parcel of Wood-ground commonly called c. situate c. containing c. being parcel of the possession of W. S. c. aforesaid and whereas the said J. S. for the better advantage to himself and for the increase of his own yearly profit to be made of the same Wood-ground and for the better and more profitable manuring of the said ground hath for that purpose cut down and grubbed up divers Trees in and upon the said parcel of Wood-ground and hath converted the same Ground into Tillage whereby a far greater annual profit is and yearly advantage will be made thereof than if the same should continue Wood-ground which in time to come will turn to the better benefit and advantage of the said W. S. and his Heirs after the end and determination of the said Lease made to the said J. S. yet notwithstanding the said J. S. is subject and liable to be questioned and troubled by action to be commenced against him both for the waste he hath committed by cutting down Trees and for not preserving of the said Woods according to the Covenants comprised in the said Lease Now know ye That the said W. S. c. for and in consideration of c. and for divers good causes c. hath for himself his Heirs Executors c. remised released and quit-claimed and by these presents doth clearly and absolutely remise release and quit-claim unto the said J. S. c. all and all manner of Actions of waste and all manner of Suits for any Wastes or Spoils done or committed by him the said R. S. in the said Wood and Wood-ground called c. aforesaid until the date of these presents And all and all manner of actions
c. And I the said A. B. for my self my Executors Administrators and Assigns do covenant and grant to and with the said C. D. his Executors Administrators and Assigns by these presents That if default be made of or in payment of the said sum or any part thereof contrary to the form aforesaid That then I the said A. B. my Executors and Administrators and every of us shall and will warrant and for ever defend the said several parcels and every of them unto the said C. D. his Executors and Assigns against all men by these presents In witness c. A Bargain and Sale of Houshold-stuff BE it known unto all men by these presents That I T. N. of c. for and in consideration of the sum of 25 l. of c. to me in hand paid at the ensealing and delivery of these presents by A. R. of c. whereof I acknowledge my self fully satisfied and paid and thereof and of every part and parcel thereof do clearly acquit exonerate and discharge the said A. his Executors Administrators and Assigns by these presents have granted bargained and sold and by these presents do fully clearly and absolutely grant bargain sell and deliver unto the said A. R. all such Goods and Houshold-stuff and Implements of Houshold and all other things mentioned and contained in a Schedule hereunto annexed now remaining and being in one Messuage House or Tenement and the Garden and Yard thereunto belonging called Dales situate lying and being in Hammersmith in the County of Middlesex and now in the Tenure or Occupation of the said T. N. or of his Assigns To have and to hold all and singular the said Goods Housholdstuff and Implements of Houshold and every of them before by these presents bargained and sold or mentioned to be bargained and sold unto the said A. R. his Executors Administrators and Assigns for ever to do and dispose of them and every of them at his and their will and pleasure And the said T. N. for himself his Executors Administrators and Administrators doth covenant promise and grant to and with the said A. R. his Executors Administrators and Assigns by these presents that he the said T. N. his Executors Administrators and Assigns and every of them all and singular the said Goods Utensils Implements of Houshold and Housholdstuff before bargained and sold and every of them unto the said A. R. his Executors Administrators and Assigns against all and every other person and persons whatsoever shall warrant and for ever defend by these presents In witness c. A Bargain and Sale of Leases and Goods on Condition to pay Debts and Legacies BE it known unto all men by these presents That I A. T. of c. Have given granted bargained sold and by this my present Deed do give grant bargain and sell unto R. T. my Son all my Leases or Lands held by Lease for years and all my Goods and Chattels both real and personal both moveable and unmoveable quick and dead of what kind soever they be of and in whose Hands Custody or Possession soever they be To have and to hold to the said R. and his Assigns for ever to his and their own proper use and behoof for evermore upon condition following that is to say that the said R. shall well and truly content and pay or cause to be contented and paid all my Debts whatsoever and also shall pay and perform or cause to be performed and paid all my Gifts and Legacies which I the said A. T. shall ordain and appoint by my last Will and Testament In witnesâ— c. The form of an Award TO all Christian people to whom this present Writing of Award indented shall come G. M. of c. sendeth greeting in our Lord God everlasting Whereas divers Questions Controversies and Suits have been had moved and depending between J. P. of c. of the one party and R. H. of c. of the other party as well for and concerning the interest and profits of the Rectory and Parsonage of c. as also for other causes and actions for the appeasing whereof either of the said Parties have elected and chosen me the said G. M. to be Arbitrator indifferently between them and to that end have bound themselves either to other by Obligation in the sum of 100 l. to stand to and abide the Award Arbitrement and Judgment of me the said G. M. touching the premises Now know ye That I the said G. M. taking upon me the charge of the said Award and minding that a final end and agreement shall be had and continued from henceforth between the said Parties touching the premises do make and declare this my Award in manner and form following That is to say First I award c. A Protection in time of Parliament FOrasmuch as I have special Occasions to imploy the Bearer hereof A. B. my Servant in and about my Service and Occasions during this present Session of Parliament These are therefore to will and require you to forbear to arrest attach or imprison him the said A. B. but to permit and suffer him peaceably and quietly to go about his business at his will and pleasure during all this present time of Parliament without any your suit arrest or disturbance as you will answer the contrary at your peril Given under my Hand and Seal the c. A Surrender of Copy-hold Land by way of Mortgage MEmorandum That the day and year above-written E. L. of c. did out of Court by the hand of R. G. and J. F. two of the customary Tenants of the said Mannor Surrender by the Rod into the Hands of the Lord of the said Mannor two parcels of Land with the appurtenances containing by estimation seven acres or thereabouts one parcel whereof lieth in Hammersmith within the aforesaid Parishes of c. Between the Lands of G. L. and R. M. Esq on the East and the Lands of G. M. Gentleman on the Weft the Common Sewer on the North and the Lands of W. H. on the South and the other parcel of Land containing by estimation four acres being in c. between the Land of the Bishop of c. on the West the Glebe-lands belonging to the Parsonage of c. on the East the Lands of c. on the North and the Lands of the said E. P. on the South To the only use and behoof of J. P. his Heirs and Assigns for ever To have and to hold the said parcels of Land and every of them with their and every of their appurtenances unto the said J. P. his Heirs and Assigns for ever according to the custom of the said Mannor Provided alwayes nevertheless and upon this condition That if the said E. L. his Heirs or Assigns do well and truly content and pay or cause to be paid unto the said J. P. his Executors Administrators or Assigns the full sum of one hundred thirty and four pounds of lawful money
be so made or to any other to their use and uses and the counterparts of the same for us and in our names to accept and receive And also all such Fines and other sum and sums of Money as shall grow due for the same for us and in our names and to the use of us the said G. S. and E. M. to collect gather receive and take and all such Rents Duties Heriots arrerages of Rents and profits of Courts as are already or hereafter shall be due or payable for out of or concerning the premises or any of them to receive Giving and by these presents granting to our said Attorneys and either of them our full power and lawful authority touching and concerning the premises to do execute proceed and finish in all things in as ample manner and form to all intents and purposes as we the said G. S. and E. M. or either of us might or ought to do if we or either of us were then and there personally present And ratifying and allowing all and whatsoever our said Attorneys or either of them shall do in or about the premises or any of them according to the true intent and meaning of these presents In witness c. A Letter of Attorney to deliver a Lease upon the Land TO all c. I J. M. of c. Whereas I the said J. M. have subscribed and sealed one writing bearing date with these presents and hereunto annexed purporting a Demise unto W. W. of c. of all that the Mannor of G with the appurtenances in the County of Y. and of one Messuage 300 acres of Land 100 acres of Meadow 200 acres of Pasture and 100 acres of Wood with the appurtenances in C. aforesaid now or late in the Tenure or Occupation of W. C. his Assignee or Assignees To have and to hold the said Mannor and all other the premises unto the said W. W. his Executors or Assigns for the term of five years under the yearly Rent of c. as by the said Deed indented may appear Now know ye That I the said J. M. for divers good Causes and Considerations me hereunto especially moving have made ordained constituted and authorized and in my place and stead by these presents have nominated and put W. G. of c. my true sufficient and lawful Attorney for me and in my name into all that the said Mannor of C. and into the said Messuage 300 acres of Land 130 acres of Meadow 200 acres of Pasture and 100 acres of Wood with the appurtenances and into every or any part or parcel thereof in the name of the whole to enter and peaceable and quiet possession and seisin thereof for me and in my name to take and for every such possession and seisin thereof or any part thereof had and taken as aforesaid for me and in my name as my act and deed to deliver unto the said W. W. or his certain Attorney upon some part of the aforesaid premises the said Writing or Deed indented subscribed and sealed as aforesaid And all and every other act and thing requisite and necessary to be done in about or concerning the premises for me and in my name to do or cause to be done In witness c. A Letter of Attorney to keep Court KNow all men by these presents That we P. L. and H. S. of c. do hereby authorize constitute and appoint G. C. of c. Gent. our lawful Deputy and Attorney for us and in our names to appoint a Steward and Bayliff of and for our Mannor of B. and H. and by himself or his sufficient Deputy to and for our use to keep Courts within the said Mannors or either of them and to give admittance upon alienation or death to take and receive Attornments of all and every the Tenants thereof and to and for our use to assess Fines upon such admittances and for us and in our names and to our use to receive the said Fines and also such Heriots as shall be due upon such death or alienation and likewise to receive all Rents and arrerages of Rents and also all Amerciaments Perquisites and Profits that shall arise or grow due to us or any of the said Courts We do also further authorize and appoint the said G. C. to gather take up and seize to our use all Wayfes Estrayes Deodands Out-laws and Felons Goods which shall happen to arise be due or fall within the said Mannors or either of them Given under our Hands and Seals the c. In the c. A Letter of Attorney to take possession of Lands newly purchased BE it known unto all men by these presents That I J. H. Citizen c. have made ordained constituted authorized and appointed and by these presents do make ordain constitute authorize and appoint and in my stead and place by these presents put T. C. of c. my true sufficient and lawful Attorney for me and to my use to take and receive peaceable and quiet possession and seizin of and in all that Messuage or Tenement and all and singular the Lands and Premises thereunto belonging with the rights members and appurtenances situate lying and being in c. lately bargained and sold by B. P. unto me the said J. H. and the same possession so had and taken to detain and keep to the only use and behoof of me the said J. H. my Heirs and Assigns according to the tenour and true meaning of the Indenture whereby the said premises are conveyed unto me ratifying allowing and confirming all and whatsoever my said Attorney shall lawfully do or cause to be done in or about the premises by these presents In witness c. A Letter of Attorney for a Steward of a Mannor to receive Rents with authority to impound and distrain TO all c. I G. K. of c. send greeting in our Lord God everlasting Know ye That I the said G. K. for and in consideration of the special trust and confidence which I have and do repose in my well-beloved Friend C. P. of c. Gent. have made ordained constituted authorized and appointed the said C. P. my true sufficient and lawful Attorney for me and in my name stead and place to the only proper use and behoof of me the said G. K. my Executors and Administrators to collect gather demand and receive of all every or any my Tenants or Farmers of all every or any my Lordships Mannors Lands Tenements and Hereditaments whatsoever in the County of G. all and every such sum and sums of Money Rents arrerages of Rents Amerciaments Heriots Fines Issues and Profits whatsoever as shall any wise grow due accrue be issuing or payable unto me the said G. K. out of all or any my said Lordships Mannors Lands Tenements and Heredital â—ents And upon the receipt of all every or any such sum or sums of Money Rents and Profits for me and in my name to make and give acquittances or
dayes next ensuing either of the said Feasts by even and equal portions in manner and form aforesaid And that he the said C. D. his c. or some of them at his and their own proper costs and charges shall and will from time to time and at all times hereafter when and as often as need shall require during the continuance of this present demise well and sufficiently repair support maintain uphold hedge ditch scowre fence amend and keep the said Capital Messuage or Tenement and all and singular the before mentioned to be demised premises and every part and parcel thereof in by and with all and all manner of needful and necessary reparations pailing hedging ditching sencing and amending whatsoever principal Timber only excepted and the said Messuage or Tenement and all and singular other the before mentioned to be demised premises with the appurtenances being so well and sufficiently repaired supported maintained upholder ditched hedged fenced amended and kept together with such Houshold-stuff and appurtenances of Houshold as are mentioned in a Schedule hereunto annexed in as good case and plight as the same now are reasonably wearing only excepted in the end of the said term of one and twenty years or other sooner determination of this present Lease shall and will peaceably and quietly leave surrender and yield up the same unto the said A. B. c. And also that it shall and may be lawful to and for the said A. B. his c. with Workmen and others in his or their company or without twice in every year yearly during the said term or oftner to come into and upon the before demised premises and every or any part thereof there to view seatch and see the estate and condition of the reparations of the same And upon every such view or search to give or leave notice in writing at the said demised Messuage to or for the said C. D. his c. of all defaults and lacks of reparations then and there found to repair and amend the same within six moneths after such view made and notice given as aforesaid within which time and space of six moneths he the said C. D. c. doth covenant promise and grant to and with the said A. B. his Heirs and Assigns by these presents well and sufficiently to repair and amend the same And further the said C. D. for himself his c. that he the said C. D. his c. shall and will from time to time and at all times during the continuance of this present Demise bear pay discharge and disburse all such Tythes Church-duties Taxes Subsidies and other payments whatsoever wherewith the same premises and every or any part thereof shall or may be charged or liable to pay during the said term except the quit-rent due for the said Messuage to the Lord of the Mannor of Harrow and thereof shall and will acquit and discharge the said A. B. his c. and also the said demised Messuage and Premises and every part and parcel thereof And also that he said C. D. his c. shall and will well and truly pay or cause to be paid unto the said A. B. his c. the full sum of 10 l. of c. over and above the said yearly Rent of c. for every or any acre or acres of Land that shall be at any time or times hereafter during the continuance of this present Demise ploughed digged broken up or carried in the said Closes called c. or any of them or in any other of the said Closes not heretofore digged ploughed or broken up and so proportionably according to the rate of Ten pounds every acre of Land and according to the rate for every acre or part or parcel of an acre of Land for every time every or any acre or acres part or parcel of acre or acres shall be so ploughed digged or broken up and carried in any of the said Closes the same to be paid unto the said C. D. his c. at such dayes and times as the yearly Rent hereby is reserved and appointed to be paid according to the true intent and meaning of these presents And further that neither the said C. D. his Executors Administrators or Assigns shall or will at any time or times during the continuance of this present Demise fell cut down lop or top any of the Timber-trees or any other Trees now standing growing or being or which hereafter shall stand grow or be in or upon the said demised premises or any part thereof without the good-will and licence of the said A. B. his c. in that behalf first had and obtained in writing under his or their Hands and Seals nor shall demise grant let sell assign and set over the said demised Messuages and other the premises or any part thereof or his or their estate or term of years or any part thereof of in or to the same pemises during the term by these presents granted to any person or persons whatsoever except it be by and with the consent and agreement of the said A. B. his c. in that behalf first had and obtained in writing under his or their Hands and Seals Provided alwayes and it is covenanted granted concluded and fully agreed upon by and between the said Parties to these presents That if the said A. B. his c. or any of them shall at any time or times hereafter during the said term of one and twenty years be minded and desirous to have again resume and take the said Messuage or Tenement and all and singular other the before demised premises with the appurtenances into his or their Hands and Possession before the expiration of this present Lease And of such his or their desire to give notice in writing unto the said C. D. his c. at any of the dayes or times of payment wherein or whereat the said yearly Rent hereby reserved is appointed to be paid That then the said yearly Rent shall determine at the end of one whole year next after such notice given to have again the said Messuage and all other the before demised premises And that then also at the next Feast or time of payment which shall be one whole year next ensuing such notice or warning given as aforesaid And from thenceforth this present Indenture of Lease and every Covenant Article and Agreement herein contained shall cease determine and be utterly void and of none effect as if these presents had never been had or made And that then and from thenceforth and at any time or times then afterwards it shall and may be lawful to and for the said A. B. his c. into all and singular the before demised premises and every part thereof wholly to re-enter and the same to have again re-possess and enjoy as in his or their first and former estate any thing in these presents contained to the contrary thereof in any wise notwithstanding And the said A. B.
the said T. N. the Father doth further for himself his Heirs Executors and Administrators covenant promise and grant to and with the said I. I. H. E. and S. R. and every of them their Heirs and Assigns by these presents that he the said T. N. the Father and his Heirs and all and every other person and persons lawfully claiming or to claim by or under him except such as shall or may claim by or under the Leases before excepted shall and will from time to time and at all times hereafter upon the reasonable request and at the costs and charges in the Law of the said I. I. H. E. and S. R. or any of them their Heirs or Assigns make do and execute all such further acts things and assurances for the further and better assuring the said premises and every part thereof to the uses intents and purposes aforesaid as by them the said I. I. H. E. S. R. or any of them their Heirs or Assigns shall be in that behalf reasonably devised or advised and required and that all Fines and other assurances at any time hereafter to be had levied or executed of the premises or any part thereof shall be and shall be deemed adjudged and taken to be to and for the uses intents and purposes in these presents mentioned limited and declared and it is expressed and declared by all the said Parties that the said Estate for the life of the said Sarah limited to the said I. I. H. E. S. R. as aforesaid is so limited upon special trust and considence in them reposed that they and every of them their Heirs and Assigns respectively to whose Hands or Custody any of the Rents Issues or Profits of the said premises shall come during the life of the said Sarah shall from time to time pay deliver dispose and employ the same Rents Issues and Profits and every part thereof either to the said Sarah her self or to such other person and persons use or uses as she the said Sarah shall by any writing under her Hand from time to time limit or appoint provided always and it is nevertheless covenanted and granted by and between the said Parties that in case John N. Son and Heir apparent of the said T. N. the Father shall within seven years next ensuing the date hereof at his own proper Costs and Charges well and sufficiently convey or assure or cause to be conveyed and assured by good and sufficient wayes and means in the Law to the said I. I. H. E. S. R. and to their Heirs or to the Survivor or Survivors of them and to his or their Heirs to and for and upon the like uses intents trusts confidences and purposes as are before herein limited expressed and declared Messuages Lands and Tenements situate lying or being in c. and which shall be of as much more clear yearly value as the said Messuage Tenement and Premises hereby mentioned meant or intended to be granted and of every part thereof shall be then worth that then from and after such conveyance and assurance passed and perfected the use and uses trusts and confidences herein before limited and expressed shall cease determine and end and then and from thenceforth they the said I. I. H. E. and S. R. and their Heirs shall stand and be seized of and in the said Messuage Tenement and Premises hereby mentioned meant or intended to be granted of every part thereof to the use and behoof of him the said I. N. his Heirs and Assigns for ever and to no other use intent or purpose whatsoever any thing herein contained to the contrary thereof in any wise notwithstanding In witness c. A Charterparty of a Freightment THis Charterparty of Freightment indented made the c. by R. H. and A. N. Owners of the good Ship called the H. of London of the burthen of c. now riding in the River of Thames whereof is Master under God I. P. of the one part and H. S. of th' other part witnesseth That the said Owners have granted and letten to Freight to the said H. S. the aforesaid Ship and that the said H. S. hath hired her for a Voyage to be made with her by Gods Grace in manner and form following viz. the said Owners covenant and grant by these presents to and with the said H. S. his c. that the said Ship with the first and next good Wind and Weather that God shall send after the first day of c. shall depart from the said River of Thames and directly sail to B. in the Realm of France with such Goods Wares and Merchandizes as the said H. his Factor or Assigns before the said Feast-day of c. next coming shall think good to charge and lay in her viz. so much as she may reasonably carry and being arrived and come to the said Port of B. or so nigh to the same as she safely and conveniently may come shall there tarry by the space of thirty dayes next after her arrival as well there to discharge and unlade such Goods and Merchandizes as shall be so freighted and laden in her as aforesaid as also to receive her full lading of such Goods Wares and Merchandize as the said H. S. his Factor or Assigns shall think good viz. as much as she may reasonably carry within which time and days above limited and appointed the said H. S. covenanteth and granteth by these presents to discharge and relade or cause to be discharged and relade the aforesaid Ship in manner and form aforesaid Which Ship so being able the said Owners convenant and grant by these presents that she shall with the first and next good Wind and Weather next after that she shall be reladen as aforesaid depart and return from B. aforesaid and by Gods Grace directly sail and come to the Port of the City of London or as nigh the same as she can safely come where she shall tarry by the space of c. after her arrival there to make her right discharge And the said H. S. covenanteth c. within the space oâ— c. next after the arrival of the said Ship at the Port of the City o London as well to receive or cause to be received the Ships lading as also to content and pay or cause to be paid unto the said Owners their Executors or Assigns the sum of c. for the freight and lading of the said Ship both outwards and homewards at the place of the right discharge of the said Ship together with average poynage and petty lodenage and all other Duties due and accustomed according to the use of Eastern Ships And the said Owners covenant and grant by these presents to warrant and prepare the said Ship strong and stanch both above and beneath and well sufficiently tackled and apparelled with Masts Sails and Sail-yards Anchors Cable-Ropes Cords Guns Powder Shot and all other Instruments Munitions Artillery Furniture Tackling and Apparel necessary and
request of the said W. B. and by the appointment and with the atturnment of the said W. D. the elder have and either of them hath granted bargained sold aliened and confirmed and by c. to the said W. D. the Son and his Heirs all that Messuage Tenement c. and all Rents Reversions Remainders and Services of the said premises and all their and either of their Right Title Interest Challenge Claim and Demand whatsoever of in and to the same premises to have hold and enjoy the said c. unto the said W. D. the Son his Heirs and Assigns for ever to his and their own use for evermore to be holden of the chief Lord or Lords of the Fee or Fees of the premises by the Rent and Services therefore due and of right accustomed and it is concluded and agreed by and between the said Parties that neither these presents nor any thing therein contained shall extend to be construed to extend to bind or charge the said R. R. and W. K. or either of them their or either of their Heirs touching the premises otherwise than against his and their own acts respectively In witness whereof c. Note That in respect of the Atturnment of Tenant the Estate of Inheritance passeth legally without Livery B. M. being seized of Lands jure uxoris she being a Co-heir purchaseth of J. B. to whom the Estates of the other Co-heirs is come all the Lands the Conveyance is by recovery concluded to be suffered by J. B. THis Indenture c. Between J. B. of c. Son and Heir of William Beaumont late of c. deceased and M. his Wife one of the Daughters and Co-heirs of D. S. Gent. deceased of the one part and B. M. of c. William H. J. H. of c. and Rich. C. of c. of the other part witnesseth That the said John Beaumont for and in consideration of the sum of 200 l. of c. to him by the said B. M. before c. whereof c. hath agreed to grant convey and assure to the said B. M. his Heirs and Assigns for ever all that toft and eight acres of Land by estimation be they more or less called c. and also Common Pasture for six young Beasts and one House with the appurtenances in Wickware Heath all which premises are scituate c. and now are in the tenure holding or occupation of the said B. M. in the right of E. his Wife the Daughter of R. W. deceased for term of her life and which said premises late were the Inheritance of the said D. S. and by and after his death descended and came to his three Daughters viz. the said M. E. the Wife of R. C. and B. the Wife of J. M. the parts and portions of which E. C. and B. he the said W. B. purchased and dyed thereof seized And also the said J. B. for the Confiderations aforesaid hath agreed to grant convey and assure to the said B. M. his Heirs and Assigns for ever all other the Messuages Lands Tenements and Hereditaments of him the said J. B. within the Parish of W. aforesaid and all Rents Reversions and Services of the premises and every part thereof as by such wayes and means as by him the said B. M. or his Council learned in the Law shall be in that behalf reasonably devised and required and this present Indenture further witnesseth That the said I. B. doth for himself his Heirs Executors and Administrators covenant promise and grant to and with the said B. M. his Executors and Administrators and Assigns by these presents that he the said I. B. shall and will before the end of Easter Term now next ensuing by Deed indented and enrolled in the High Court of Chancery bargain and sell to the said W. H. and I. H. and their Heirs all the said toft and premises To have and to hold to the said W. H. and I. H. and their Heirs during the natural life of the said I. B. to the intent and purpose to make them Tenants of the Free-hold of the premises and that a Writ of Entry sur disseisin en le post shall be brought and prosecuted by the same R. C. against the said W. H. and I. H. whereby he shall demand the said premises by some fit or apt names against them the said W.H. and I.H. who shall appear in person and vouch to warranty the said J. B. who shall likewise appear in person and vouch over to warranty the common Vouchee who shall likewise appear in person and enter into the warranty and afterwards make default and depart in contempt of the Court whereby several Judgments shall be had viz. for the said R. C. to recover the premises against the said W. H. and I. H. and for them to recover in value against the said I. B. and for the said I. B. to recover over in value against the said common Vouchee which said recovery so or in any other manner to be had and executed and all Fines Feoffments and other Assurances at any time hereafter to be had or executed of the premises or any part thereof shall be and enure and shall be deemed adjudged construed and expounded to be and enure to and for the only use and behoof of the said B. M. and of his Heirs and Assigns for ever and the said I. P. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said B. M. his Heirs and Assigns by these presents that he the said I. B. at the time of the ensealing and delivery thereof is and until the said premises shall be fully and perfectly conveyed and assured to the said B. M. his Heirs and Assigns for ever according to the true intent and meaning of these presents shall be the true and lawful Owner of the said premises and every part thereof and of and in the same and every part thereof lawfully and rightfully seized of a good Estate of Inheritance in Fee-simple in his own right and to the only use of him and his Heirs by good sure sufficient and absolute conveyance assurance and title in the Law indeseazible and also that he the said I. B. at the time of the ensealing and delivery hereof hath and until the said premises shall be assured as aforesaid shall have full power good right and lawful authority to bargain sell convey and assure the said premises and every part thereof to the said B. M. his Heirs and Assigns for ever according to the true intent and meaning of these premises and also that the said premises and every part thereof now be and are and so from time to time and at all times hereafter for ever shall or may be remain and continue to the said B. M. his Heirs and Assigns clearly acquitted and discharged or otherwise by him the said I. B. his Heirs and Assigns well and sufficiently saved and kept harmless of and from all and all
manner of former and other Bargains Sales Gifts Grants Leases Mortgages Joyntures Dowers Wills Covenants Statutes Recognizances Judgments Executions Extents Rents Charge-rents Seck arrerages of Rents and of and from all other Titles Charges Troubles and Incumbrances whatsoever at any time heretofore had made done committed or suffered to be done or at any time hereafter to be had made done committed omitted or suffered to be done by him the said J. B. or by the said W. B. or by any other person or persons whatsoever except the Estate of the said E. M. for her life and except the Rents and Services from henceforth to be due payable to the Chief Lord or Lords of the Fee or Fees of the premises and also the said I. B. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said B. M. his Heirs and Assigns by these presents that he the said B. M. his Heirs or Assigns shall or lawfully may from time to time and at all times hereafter for ever peaceably and quietly have hold and enjoy the said premises and every part thereof without any let interruption challenge claim disturbance or incumbrance of or by him the said I. B. or his Heirs and without any lawful let interruption challenge claim disturbance or incumbrance of or by any other person or persons except such as shall or may claim by or under the right or title of the said E. M. or for the Rents and Services aforesaid And further that he the said I. B. and his Heirs and every other person or persons lawfully claiming or to claim any manner of lawful estate right title or interest in or to the premises except before excepted shall and will from time to time and at all times hereafter upon the reasonable request and at the costs and charges in the Law of the said B. M. his Heirs or Assigns make do and execute all and every such further acts and things for the further and better assuring of the said premises and every part thereof to the said B. M. his Heirs and Assigns for ever as by him the said B. M. his Heirs or Assigns or by his or their Council c. so as for the doing thereof c. a Bargain and Sale of Deeds c. In witness c. Note B. M. demised the Lands to A. and B. Habend forty years if the Coverture between him and E. his wife so long continue on trust to suffer him to enjoy and make such Grants as he shall appoint Nota. B. M. surrendereth to I. B. the premises Habend to him and his Heirs provided if I. B. or his Assigns pay not 200 l. before Midsummer next c. to be void B. M. to enjoy the premises in the mean time P. H. purchaseth Lands of W. H. Uxor other Lands he holds in Right of I. his wife to whom the same were devised by R. I. her Brother in Fee-simple the Brother and Heir of the Devisor intendeth to settle other Lands which came to him by Descent on the said P. and I. in tail Now for the setling as well the Lands purchased of H. as all the rest a Fine is levied by W. H. Uxor I. I. Heir to the Devisor Uxor and the said P. Uxor and T. P. and I. C. The uses whereof are declared by the Deed following THis Indenture Tripartite c. between W. H. of c. and M. his Wife T. I. of c. Brother and Heir of R. I. late of c. deceased who was Son and Heir of I. I. late of c. deceased begotten on the Body of I. his Wife Daughter of T. P. of c. deceased and A. the Wife of the said T. I. of the first part P. H. and I. his Wife of the second part and T. P. and I. C. of c. of the third part witnesseth That whereas the said W. H. by his Deed indented bearing date April 18. in the sixteenth year of c. for the consideration therein expressed did grant bargain sell and convey to the said P. H. his Heirs and Assigns for ever two several Messuages or Tenements with the Garden and appurtenances thereunto belonging scituate and being c. and then and yet in the several holding of c. and also three several holdings of c. and also three several Messuages or Tenements with a Garden or Out-ground on the back part thereof and to the same three Tenements or some of them belonging or appertaining scituate and being c. and then and yet in the several Tenures or Occupation of c. as in and by the same Deed indented more at large appeareth and whereas also the said R. I. being in his life-time lawfully seized in Fee-tail of and in all the Messuages Lands Tenements and Hereditaments hereafter mentioned that is to say all that great Messuage or Tenement wherein c. scituate and being c. and also two other Messuages or Tenements c. and also three Gardens c. and in his life-time viz. in the Term of Easter in the sixteenth year of c. acknowledge and levy to the said P. H. and T. P. one Fine sur conuzance de droit come ceo c. which was sued out with Proclamation according to the form of the Statute in that case made and provided before the then Justices of the Court of Common-Pleas at Westminster of all the said Messuage Lands Tenements and Premises by the names of nine Messuages and four Gardens with the appurtenances in c. as by the said Fine remaining of Record in the said Court more at large may appear Which said Fine was levyed to the intent and purpose to make the said R. I. Tenant of all the said premises in Fee-simple as by Indentures to that purpose made bearing date April 20. in the said sixteenth year of c. made between the said R. I. of the one part and the said T. P. and P. H. of the other part more at large it doth and may appear and whereas the said R. I. after the levying of the said Fine that is to say April 25. in the seventeenth year c. by the last Will and Testament in writing bearing date the day and year last mentioned did give and devise in these words viz. I give and bequeath all that Tenement c. unto Joan H. my Sister Wife of Peter H. and to her Heirs and Assigns for ever and also in another place of the said Will gave and devised in these words viz. Item I give to my Sister J. H. and to her Heirs and Assigns for ever my House Lodge and Orchard with the appurtenances lying and being c. as by the said Will and Testament may appear and whereas the said Richard Joanes afterwards died leaving all the residue of the said Messuages Lands Tenements and Premises to descend and come to the said T. I. as Brother and Heir of the said R. I. witnesseth now
further this present Indenture that for the consideration aforesaid and for and in consideration of the sum of 40 l. to him the said T. I. by the said P. H. before the ensealing and delivery hereof well and truly satisfied and paid whereof he acknowledgeth the receipt and thereof and of every part and parcel thereof doth clearly acquit and discharge the said P. H. his Heirs c. and every of them for ever by these presents and for setling the Inheritance of all the said Messuages Lands Tenements Hereditaments and Premises in such manner and form as hereafter in these presents is mentioned limited and declared and for divers other good Causes and Considerations all the said Parties moving it is covenanted granted concluded and agreed by and between all the said Parties to these presents that they the said W. B. and M. his Wife T. I. and A. his wife P. H. and J. his wife shall and will before the end of Easter Term next acknowledge and levy to the said T. P. and J. C. and to the Heirs of one of them one Fine sur conuzance c. to be sued out with Proclamations according to the form of the Stature in that case made and provided before the Justices of the Court of Common-Pleas at Westminster of all the Messuages Lands Tenements and Premises before mentioned by the names of thirteen Messuages and seven Gardens with the appurtenances in c. which Fine so or in any other manner to be acknowledged and levied and all other Fine or Fines to be had levied or acknowledged by or between the said Parties or any of them or any other person or persons of the said premises or any part thereof shall be and enure and shall be deemed adjudged construed and expounded to be and enure to and for the only uses intents and purposes hereafter in these presents limited expressed and declared that is to say as touching and concerning all the said Messuages Tenements Gardens and Premises before mentioned to be granted bargained sold or conveyed by the said W. Ho. in and by the said recited Deed indented to the use and behoof of the said P. Hobbs and of his Heirs and Assigns for ever and as touching all other the Messuages Lands Tenements Hereditaments and Premises before mentioned meant or intended to be comprized in the said Fine thereby agreed to be levied whereof no use is herein therefore expressed and of every part and parcel thereof with the appurtenances to the use and behoof of the said Peter H. for term of his natural life and from and after his decease to the use and behoof of the said Joan H. for the term of her natural life and from and after her decease to the use and behoof of the first Son of the said P. Hobbs on the body of the said Joan his wife begotten and to be begotten and of the Heirs males of the body of such first Son lawfully to be begotten and for default of such Issue to the use and behoof of the second Son of the said Peter Hobbs on the Body of the said Joan his wife begotten and to be begotten and of the Heirs males of the body of such second Son lawfully to be begotten and for default of such Issue to the use and behoof of all and every other Son and Sons of the said P. H. on the body of the said Joan his wife to be begotten one after another as they shall be in seniority of age and priority of birth and of the Heirs of the body of every of the same Sons respectively to be begotten the elder of the said Sons and the Heirs of his body being alwayes preferred before the younger and the Heirs of their bodies and for default of such Heirs to the use and behoof of all the Daughters of the body of the said P. H. on the body of the said J. his wife begotten and to be begotten and of the Heirs of the body of the same Daughters respectively lawfully to be begotten and for default of such Heirs to the use and behoof of the said P. H. and J. his wife and of their Heirs and Assigns for ever provided alwayes and it is explained and declared to be the true intent and meaning of these presents and of all the Parties to the same that it shall be lawful to and for the said P. H. and J. his wife at any time during the Coverrure between them by any writing or writings indented to be by them signed and sealed in the presence of three or more credible witnesses who shall thereunto subscribe or indorse their names or marks testifying the same to alter change revoke determine diminish or inlarge all or any of the use or uses herein before limited touching or concerning the said Messuages Tenements and Premises herein before limited to the said P. H. and I. his wife or either of them for their lives or any part or parcel thereof and by the same writing or writings or by any other writing or writings indented so signed sealed and testified as aforesaid to limit and appoint any other use or uses of the same Messuage or Messuages Tenements and Premises last mentioned or any part or parcel thereof to the said person or persons or to any other person or persons and of such Estate and Estates as to them shall seem best and in case any such new limitation or appointment of uses shall be made that then the said Fine so to be levied shall be and enure and shall be deemed adjudged construed and expounded to be and enure as touching the said Messuages Tenements Lands and Premises last mentioned and every part thereof to and for such new use and uses as in and by such writing or writings so to be signified sealed and testified as aforesaid shall be expressed limited and declared any thing c. And the said Thomas Joanes for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said P. Hobbs and Joan his wife and either of them their and either of their Heirs c. by these presents that all the said Messuages Tenements and Premises and every part and parcel thereof with the appurtenances now are and be and so from time to time and at all times hereafter for ever shall or may be remain and continue to the several and respective uses before herein mentioned limited and declared according to the true intent and meaning hereof clearly freed and discharged of and from all former and other Bargains Sales Gifts Grants Leases Mortgages Charges Troubles and Incumbrances whatsoever had made committed or done by him the said Tho Joanes or any other person or persons lawfully claiming or to claim by from or under him In witness c. A Marriage is intended between Tho. Geo. Esquire and Ph. B. single Woman Ph. in regard the Joynture agreed on cannot presently be assured with consent of Tho. makes over all her Land c. Jewels Moneys
c. to Eliz. her Sister in trust c. THis Indenture Tripartite c. between T. Geo. Esquire Son and Heir of Sir Tho. G. of c. Knight of the first part Ph. E. single woman and Daughter of c. of the second part and Eliz. B. Sister of the said Ph. B. of the third part witnesseth That whereas there is a Marriage agreed upon and shortly by Gods Grace to be had and solemnized between the said T. G. and the said Ph. B. and whereas the said P. B. is and standeth possessed and interessed in certain Leases Moneys Jewels Debts Goods and Chattels and whereas also the said T. G. by reason of the present distractions of the times is not able presently to assure unto the said P. B. such Joynture as is agreed on to be assured to her witnesseth now further this present Indenture that it is covenanted granted condescended unto and agreed upon by and between all the said Parties to these presents in manner and form following that is to say the said P. B. by and with the consent and good will of the said T. G. Party to these presents testified by being party and putting his Hand and Seal to one or more parts of this Indenture hath granted aliened assigned and set over and by c. unto the said Eliz. B. all such Mannors Messuages Lands Tenements Rents Services and Hereditaments whatsoever situate lying and being in c. or else-where in England whereof or wherein she the said Phil. is or standeth possessed or interessed and all her Estate Right Title Interest Claim and Demand whatsoever in and to the same Mannors Messuages Lands Tenements and Premises and every or any part thereof together with all Leases Deeds and Writings touching the same premises and every part thereof To have and to hold the said Mannors Messuages Lands Tenements and Premises and every part and parcel thereof with the appurtenances to the said Eliz. B. her Executors Administrators and Assigns from henceforth for and during all the respective time and times term and terms as she the said P. B. hath or ought to have thereunto to come and unexpired and also the said Ph. B. by and with the like consent and agreement of the said T. G. party to these presents testified as aforesaid hath granted and delivered and by c. to the said Eliz. B. all her Jewels Moneys Bonds Specialties Debts and other Goods and Chattels whatsoever before hereby mentioned meant or intended to be granted and delivered and every part and parcel thereof with the appurtenances to the said Eliz. B. her Executors Administrators and Assigns to the uses intents or purposes hereafter in these presents mentioned and declared and it is expressed and declared to be the true intent and meaning of all the said parties to these presents that the several Grants herein before made to the said Eliz. B. are so to her made upon trust and confidence in her reposed as well by the said T. G. Party to these presents as the said P. B. that in case the said Marriage take effect and that the said T. G. shall during the Coverture between him and the said Ph. cause to be assured by good and sufficient wayes and means in the Law to the said Ph. for her life and after her death to the Heirs of her body by the said T. party c. to be begotten the Mannors Messuages Lands Tenements and Hereditaments situate lying and being in the Counties of Wilts and Gloucester or either of them of the clear yearly value of 250 pounds of c. over and above all Rents Charges Deductions and Reprizes or that after such Marriage solemnized if the said Ph. shall happen to depart this transitory life before the said T. G. and before such assurance made as aforesaid which shall first happen she the said Eliz. B. her Executors Administrators and Assigns shall and will upon the reasonable request and at the costs and charges in all things of the said T. G. his Executors c. not only grant assign and set over to the said T. G. party c. his Executors c. all the said Mannors Messuages Lands Tenements Hereditaments and Premises before hereby granted or assigned by the said Ph. B. to the said Eliz. B. as aforesaid for all such time and times term and terms respectively as shall be then therein to come and unexpired discharged of all other Grants and Incumbrances made or done by the said Elizabeth except such as she shall make or do by consent of the said T. G. his Executors c. but also grant and re-deliver to the said T. G. his Executors or Assigns all such Moneys Jewels Bonds Specialties Debts and other Goods and Chartels whatsoever as in the mean time shall come to the hands of the said Eliz. her Executors c. by force of these presents and which shall remain or be in her or their hands custody or possession by the true meaning hereof and also that in such case she the said Elizabeth her Executors c. shall from time to time in the mean time after Solemnization of the said Marriage pay and deliver to the said T. G. all such Rents Issues and Profits of the said Mannors Lands Tenements Moneys and Debts as shall come to her or their Hands or Custody and also upon further trust and confidence in the said Elizabeth B. reposed that in case the said Marriage take effect and the said T. G. happen to depart this transitory life before the said P. B. and before he shall have assured or caused to be assured to the said P. B. any Mannors Messuages Lands Tenements or Hereditaments of the value aforesaid and in form aforesaid that then in such case she the said Elizab. B. her Executors c. shall and will not only re-grant re-assign and set over to the said Ph. B. all the said Mannors Messuages Lands Tenements and Premises before hereby granted or assigned by the said Ph. B. as aforesaid for all such time and times term and terms respectively as shall be then therein to come and unexpired discharged of all other Grants and Incumbrances made or done by the said Elizabeth B. her Executors c. except such as she shall make or do by the consent of the said P. H. but also re-grant and re-deliver to the said Phil. her Executors or Assigns all such Moneys Jewels Bonds Specialties Debts and other Goods and Chattels whatsoever as in the mean time shall come to the Hands or Custody of the said Eliz. her Executors or Assigns by force of these presents and which shall remain or be in her or their Hands Custody or Possession by the true meaning of these presents and the said T. G. for himself his Executors c. doth covenant promise grant and agree to and with the said Eliz. B. her Executors c. by these presents that neither he the said T. G. nor his Heirs c. nor any other person or persons claiming
of the said Sons and the Heirs males of his body being ever preferred before the younger of the said Sons and the Heirs males of his body and for default of such Issue to the use and behoof of Edward Herbert second Son of the said E. Lord H. and of the Heirs males of his body lawfully begotten or to be begotten and for default of such Issue to the use and behoof of the Heirs males of the body of Richard Herbert Esquire deceased Father of the said Edward Lord Herbert lawfully begotten and for default of such Issue to the use and behoof of the Heirs males of the body of Edward Herbert Grand-father to the said Edward Lord Herbert and for default of such Issue to the use and behoof of the right heirs of him the said Richard Herbert Son of the said Edward Lord Herbere for ever And as for and concerning the Mannors Lordships Messuages Mills Lands Tenements Orchards Gardens Tosts Crofts Meadows Leasows Pastures Feedings Woods Under-Woods Rents and Hereditaments whatsoever of the said Edward Lord Herbert and Richard Herbert his Son or either of them with their and every of their appurtenances in the said County of Anglesey to the use and behoof of the said Jo. Earl of Bridgewater and Edward Herbert party to these presents and of their Heirs and Assigns for ever upon trust and confidence nevertheless and to the end intent and purpose that they the said John Earl of Bridgewater and Edward Herbert party to these presents and the Survivor of them and his Heirs shall and will at his and their free will and pleasure sell convey and assure the said Mannors Lands and Premises in the said County of Anglesey and every part thereof for the best benefit profit and advantage which shall or may be bona fide had or gotten for the same and that the money to be raised by every or any such sale and as every such sale shall be made shall be forthwith paid and disposed of as followeth that is to say out of the money that shall be raised by sale of such of the premises in the said County of Anglesey as were the Lands of Dame Herbert late of c. there shall be forthwith and in the first place so much money paid to the said Edward Lord Herbert his Executors or Administrators as according to the true yearly value of those Lands shall come to five years and an half purchase and the residue of the monies that shall be raised by the sale of the same Lands which were the Lands of Dame Herbert late of c. shall be disposed of for and towards the payment and of the Debts of the said Richard Herbert party to these presents and sums of money mentioned in the Schedule hereto annexed as the said Jo. Earl of B. and Richard H. party to these presents or the Survivors of them shall think fit and of the money that shall be raised by the sale of the residue of the said Mannors Lands and Premises in the said County of Anglesey there shall be forthwith and in the first place so much paid to the said Ed. Lord Her his Executors or Administrators as according to the yearly value of the same Mannors c. shall come to sixteen years purchase and if those Mannors and Lands shall be sold for more than sixteen years purchase then the one moyety of such surplusage if any shall be shall be forthwith and in the first place paid to the said Ed. L. H. his Executors or Administrators and the other moyety thereof shall be disposed of for and towards the payment of such of the Debts of the said Richard Herbert party to these presents and sums of money mentioned in the said Schedule as the said John Earl of B. and Edward Herbert party to these presents or the Survivor of them shall think fit and the over-plus thereof if any shall be shall be paid to the said Richard Herbert or to such other person or persons as he the said Richard Herbert party to these presents by any writing under his Hand and Seal shall direct nominate appoint to be disposed of in the buying of Land to be estated in the same manner as the Lands in the said C. of Carnarvan are by these presents limited and for want of such direction nomination or appointment to the Executors or Administrators of the said Richard Herbert party to these presents the further trust intent and meaning of these presents and the parties hereunto-being that the said Edward Lord Herbert his Executors Administrators or Assigns shall or may have receive and take to his and their own proper use all and singular the Rents Issues Revenues and Profits of the said Mannors Lands and Premises hereby limited and intended to be sold until sale be thereof made as followeth Provided alwayes and it is hereby declared and agreed by and between all and every the said parties to these presents and the true intent and meaning of these presents is That it shall and may be lawful to and for the said Ed. L. Her paying to Sir Richard Eaton of Newport in the County of Salop Knight his Executors and Administrators to be disposed according to the trust hereafter mentioned the sum of 1000 l. of good and lawful money or such less sum of money as the said Jo. Earl of Bridgewater and Edward Herbert party to these presents or the Survivor of them shall think fit appoint at any time or times during the term of his natural life by Indenture or by any Deed or Deeds Writing or Writings to be by him the said Ed. Lord Herbert sealed and subscribed in the presence of two or more credible Witnesses to declare limit and appoint all or any the said Mannors Messuages Lands Tenements Rents Hereditaments and Premises with their appurtenances in the said County of Monmouth the said Capital Messuage called by the name of St. Julians and the Lands late in the tenure or occupation of John Morgan Esquire and the Lands and Tenements whereof the use is herein before limited to the said Richard Herbert party to these presents or the Survivor of them in possession alwayes excepted and reserved to and for the Joynture of any wife or wives which he the said Edward Lord Herbert shall hereafter happen to marry for and during the natural life and lives of such wife and wives or for any number or term of years determinable upon her or their life or lives the same to take effect after the death of the said Edward Lord Herbert and that then and so often and from thenceforth the said Recovery or Recoveries shall be and enure and the Recoverer and Recoverers therein named his and their heirs shall stand and be seized of and in the said Mannors Messuages Lands Tenements and Hereditaments in the said County of Monmouth with their rights members and appurtenances or of or in so much or such part thereof of for and concerning the which such Indenture Deed
according to the meaning of the said Will If therefore the said W. his L. Executors Administrators or Assigns or any of them do well and truly content and pay or cause to be paid unto the within-named H.I. T. I and R.I. or any of them their or any of their executors administrators or assigns the said sum of c. on the c. which shall be in the year of our Lord God 1631. at or in c. that then this c. A Condition that one shall not become bound for any person by Writing or Promise without consent THe Condition c. That if c. A.B. shall not at any time or times hereafter by his writing Obligatory signed or sealed with his hand make or feal or by any other writing or bale promise or contract whatsoever or otherwise solely by himself or joyntly or severally with any person or persons become or stand bound as Surety with to or for any person or persons in or for payment of any sum or sums of money to any manner of person for the debt duty or any cause whatsoever of any person or persons whatsoever above the sum of 40 l. of c. other than for his own only debt duty or â—ause without the special consent assent and licence of the within-â—â—â—â—ed C. D. first had and obtained in writing under his hand and seal that then c. A Condition to surrender Land or pay money in lieu thereof THe Condition c. That if c. A.I. and his heirs or some of them within the space of c. next ensuing the date hereof upon reasonable request to him or them made by the within-named R. H. his heirs or assigns or any of them and at his or their costs and charges in the Law do make and procure or cause to be made and procured to the use of the said R. H. and his Heirs for ever according to the custom of the Mannor of c. sufficient and lawfull surrender and assurance of and in one Messuage or Tenement customary sometimes called the c. with all barns stables or chards gardens and other the appurtenances to the same adjoyning and belonging situate c. discharged or saved harmless from all former surrenders charges and incumbrances made done or committed by him the said A.I. or his Heirs or by any other person or persons by whom such Surrender shall be so made the fine or fines for or by reason of such surrender or admission upon the same and the rents and services from henceforth to be due to the Lord or Lords of the said Mannor of whom the premisses are holden or by parcel only excepted and foreprized and if in case the said R H. or his Heirs within the space of c now next ensuing shall dislike to accept of such Surrender and shall not make any such request for the same as is aforesaid then if in lieu and recompence thereof the said A. I. his Heirs Executors Administrators or Assigns or any of them do at the end of the same year now next ensuing at the furthest within three months then next following well and truly pay or cause to be paid unto the said R H. his executors or assigns at or in c. the sum of c. of lawful c. without fraud or coven that then c. A Condition c. to keep Peace THe Condition c. That if c. B. W. at all times hereafter do well and honestly bear and behave himself as well in word as in deed towards the within-named J. R. and all his as any honest man ought to do and also if the same B. W. at all times hereafter do keep the c. in his own proper person towards the 〈◊〉 J.R. and all his And further If the said B. W. at no time hereafter do vex sue molest or trouble or cause to be sued vexed molested or troubled the said J. in his body goods or otherwise by any manner of means for any matter cause or thing whatsoever it be that then c. A Condition to pay Money according to a â—â—oviso in a Bill of Sale THe Condition c. That whereas the within-bound R.H. by his Bill of Sale bearing date the day of the date within written hath bargained sold and delivered in plain and open market according to the custom of the City of London unto the within-named T.C. three gilt bowls weighing 60 ounces c. To have and to hold with a Proviso contained in the said Bill of Sale That if the said R. H. his c. do pay c. unto the said c. that then this c. as by c. And whereas the said T.C. doth esteem and value that the said 3 gilt bowls c. nor to be worth the said Sum of c. contained in the said Bill of Sale if therefore the said R. H. his c. do pay c. unto the said T.C. his c. the said sum of c. on the day and at the place mentioned in the said Proviso and thereby redeem the premisses out of the hands and possession of the said T.C. his c. that then c. A Condition to do ones endeavour for the recovery of the Debt against the Surety THe Condition c. That whereas the above-bound J.H. hath obtained several Judgements against M. W. Esq and T. B. Gent. upon one Obligation wherein the said T. B. and M. W. stand bound unto the said J.H. in the sum of 215 l. with condition for payment of 107 l. 10 sh as by the Records remaining in the Court of Common-Pleas at Westminster may appear If therefore the said J. H. his Executors Administrators and Assigns do and shall from time to time and at every time and times hereafter do and use his and their best means and endeavours with effect by Writ or Writs of Execution or by other writs or means lawfully to recover and receive of the said M. W. his Heirs Executors oâ— Administrators or of his or their lands tenements goods chattels or hereditaments the said Sum of 215 l. and costs of sute heretofore obtained by Judgement as aforesaid without releasing the said Sum of money as aforesaid or any part thereof except it be by agreement and consent of the said H. B. his Executors Administrators and Assigns or also do and shall well and truly pay or cause to be paid unto the said H. B. his Executors Administrators oâ— Assigns the said Sum of c. and costs of sute or so much thereof as shall be received by the said J. H. his Executors Administrators or Assigns of the said M. W. his Heirs Executors or Administrators or his or their goods chattels lands or tenements upon or by reason of the said Judgement and that within two moneths next after he or they shall have received the same without fraud or coven that then c. A Condition for quiet enjoyment of a Messuage sold THe Condition c.
mentioned in the said Schedule cannot be presently sold for the best benefit and advantage of the said M. F. that the same goods and chattels shall remain and continue in the custody and possession of the said I. F. for the use and behoof of the said M.F. his c. for and during the space and time of six moneths next after the date hereof and if any of the said goods and chattels mentioned in the said Schedule hereunto annexed have been already or hereafter during the said space of six months shall be sold or disposed of by the said I.F. his Executors Administrators and Assigns then he the said I. F. for himself his Executors and Administrators and for every of them doth by these presents covenant promise grant and agree to and with the said M. F. his Executors Administrators and Assigns to give a true and just accompt or accompts together with the proceed or encrease thereof in writing unto request made and to pay or cause to be paid unto him the said M. F. his Executors Administrators or Assigns all such sum or sums of Money as shall be found due upon the said accompt or accompts so to be made or given and at the end and expiration of the said term shall and will well and truly deliver or cause to be deliver'd unto the said M.F. if the said I.F. his executors c. shall be thereunto required the residue and remainder in specie with the proceed and encrease thereof of all such goods and chattels mentioned in the said Schedule or Inventory as shall be so sold or undisposed of the said M.F. his Executors Administrators or Assigns allowing in the mean time unto the said I. F. his Executors or Administrators all the benefit and advantage of the Wooll Milk and work of the Cattel comprized in the said Schedule hereunto annexed and the use of the other goods comprized in the said Schedule or Inventory for the pains and care of the said I. F. to be taken in and about the selling disposing and keeping of the said goods and chattels or any of them In witnesse c. A Lease of Lands in Barbadoes THis Indenture made c. between R. C. of c. and M. S. of c. witnesseth That the said R. C. for divers good causes and considerations him hereunto especially moving hath demised granted and to farm letten and by these presents doth demise grant and to farm let unto the said M. S. all that his own shâ—â—eâ— part and portion of Land containing in all by estimation forty acres of Land be it more or less scituate and being in c. as the same was lately and now is separated and divided from other Lands now inhabited by the English Merchants and Planters or their assigns and allotted unto the said R.C. for one of his shares of his Adventure with the said Company of the said Islands and now are or late were in the Tenure or Occupation of R. P. or his Assigns and also one Acre of Land being part or parcel of c. lying within c. likewise allotted unto the said R. C. for another share of his Adventure to the said Island the same Acre of Land to be measured and set out in some convenient place of the said share of Land adjoyning upon or near unto the fresh water together with free ingress egress regress way and passage to and for the said M. S. his Executors Servants and Assigns by and through c. at all convenient times and by all fitting and convenient wayes and passages to fetch water from the Springs and Rivulers thereunto adjoyning as need shall require To have and to hold the said share of Land and acres of Land and all other the above demised or meant mentioned or intended to be demised premisses with their and every of their rights members and appurtenances unto the said M.S. his c. from c. for and during the term of c. M.S. his c. yielding and paying therefore yearly and every year during the said term of c. unto the said R.C. his c. the moiety or one half part of all the profits and gains whatsoever which shall yearly be made or raised by or by means of the digging setting planting sowing manuring and imploying the said Lands and premisses above by these presents demised or meant or mentioned to be demised and every or any part thereof or by any other ways or means whatsoever the same to be yearly and every year once or oftner as Shipping may conveniently be had sent into England to and for the use of the said R. C. his Heirs and Assigns for and in full satisfaction and payment of all manner of Rents whatsoever and the said M S. for him his c. doth covenant and grant to and with the said R.C. his c. by these presents in manner and form following that he the said M. S. shall and will once in every year yearly or oftner during the said term hereby granted and as shipping may be conveniently had as aforesaid make and send unto the said R. C. his Heirs or Assigns a just and true account how the same Lands and premisses hereby demised have untill that time been imployed and used and likewise with the same accompt shall and will send and deliver or cause to be delivered unto and for the use and behoof of the said R C. his Heirs and Assigns unto the City of London the said moiety or one half-part of all the encrease profit and gains above by these presents reserved which shall happen to be accrued or risen by the means of the husbanding and employing of the said Lands and premisses by these presents demised and also shall and will from time to time send and deliver together with the said Rent above reserved unto the said R.C. his Executors or Assigns all the other moiety or half-part of all the profits and gains which shall happen to be accruing and arising by means of the said husbanding and imploying of the said Lands and premisses in sort as is aforesaid or so much thereof over and above the said Rent as shall be due and payable by vertue of these presents until the Sum of c. shall be fully satisfied and paid unto the said R. C. his c. which Sum he the said R. C. at and before the ensealing of these presents did disburse and lay out for the furnishing of the said M. S. with implements utensils and other necessaries to be used and imployed in and about the manuring managing and dressing of the said Lands above-mentioned to be demised And further That he the said M. S. his Executors Administrators or Assigns or some of them shall and will from time to time and at all times hereafter during the continuance of this demise in good order of husbandry set sow plant and imploy the Lands and Premisses hereby demised to the best advantage according to the Custom of the Countrey
the one part and E.F. and G.H. of the other part witnesseth That whereas the said A.B. and C.D. by their Indenture bearing date c. made between the said A. B. and C. D. of the one part and the said E.F. and G.H. of the other part did bargain and sell unto the said E.F. and G.H. their Executors Administrators and Assigns all that c. To have and to hold all and singular the said Mannor Messuages Lands c. unto the said E. F and G H. their Executors Administrators and Assigns from the Feast of St. Michael the Arch-Angel last past before the date of the said recited Indenture unto the full end and term of one whole year from thence next ensuing and fully to be compleat and ended yielding and paying therefore unto the said A.B. and C.D. their Heirs and Assigns the Rent or Sum of 5 s. of lawful money of England on the Feast day of the Nativity of St. John Baptist now next ensuing as by the said Indenture may more better appear by vertue whereof and of the Statute for transferring of uses into possession the said E.F. and G.H. were and yet are possessed of the said Mannors Lands Tenements and Hereditaments with all and singular the Premisses with their Appurtenances Now this Indenture further witnesseth That the said A.B. for divers good causes and considerations him thereunto moving and that the said C.D. by expresse direction and appointment of the said A. B. hereby testified have granted released and confirmed and by these presents do grant release and confirm unto the said E.F. and C.H. their Heirs and Assigns all and singular the said Mannors Messuages Lands Tenements Mills Herediments and Premisses before in these presents particularly mentioned or which in and by the said recited Indenture were bargained and sold or meant mentioned or intended to be hereby bargained and sold to them the said E.F. and G.H. as aforesaid with all and every of the Appurtenances together with the said Rent of 5 s. hereby reserved and the reversion and reversions remainder and remainders of all and singular the said Mannors Messuages Lands and Premisses and every of them and every part and parcel thereof and all their and either of their estates right title interest use possession reversions remainders claim and demand whatsoever of in and to the said Mannor Messuages Mills and Premisses and every of them and every part and parcel of them To have and to hold all and singular the said Mannor c. and every of them with all their and every of their appurtenances unto the said E. F. and G. H. their Heirs or Assigns to the several uses intents and purposes hereafter in these presents mentioned that is to say to the use and behoof of the said A.B. during his natural life without impeachment of any waste and with liberty and power to commit any waste and after his decease to the use and behoof of J. B. now Wife of the said A. B. And the said E. F. G. H. and C. D. their Heirs and Assigns for ever upon special trust and confidence that they the said J.B. E.F. and G.H. or the Survivor or Survivors of them and their Heirs shall and will make sale of all the said Lands and Premisses to the best advantage and to dispose of all such Sum and Summes of Money which shall be raised hereby in such manner and to such purposes as the said A.B. shall in his life-time by any writing to be by him subscribed and sealed in the presence of two credible witnesses or more by his last Will and Testament in writing declare or appoint Provided alwayes and it is hereby agreed by and between all the parties to these presents and by them declared to be their true intent and meaning that it shall and may be lawful to and for the said A B. at any time or times during his natural life to make any demise lease or grant demises leases or grants by Indenture or Indentures of all or any part of the said Mannor Messuages c. either in possession or reversion or otherwise to any persons whatsoever or for any term or terms of years or for the life or lives of any one or more person and persons or for any term or terms of years determinable upon the death of any one or more person or persons or for any other term or terms whatsoever with or without any Rent or otherwise howsoever as by the said A.B. shall be thought fit and convenient and that from and immediately after the making of such demise lease or grant demises leases or grants the said E.F. and G H. and their Heirs during the life of the said A.B. and after his death they the said J.A. E.F. G.H. and C.D. and the Survivor or Survivors of them and their heirs shall stand and be seized of such part or so much of the said Mannor Messuages Lands Tenements and Premisses as shall be at any time or times hereafter leased or demised as aforesaid to the use of such person or persons respectively to whom the same or any such demise lease or grant shall be so made of such estate term and interest and in such manner and form as the same shall so happen to be leased or demised according to the true meaning of these presents and of every such demise and lease so that such lessees or grantees during his or their several lease or leases grant or grants or interests do pay or cause to be paid the Rents or Sums of money reserved or appointed to be paid and expressed in and by the Indenture of his or their said lease or grant to such person or persons to whom the same from time to time shall by the purport and true meaning of these presents belong or appertain according to the purport and true meaning of the same leases any thing before in these presents contained to the contrary thereof in any wise notwithstanding Provided also and it is further agreed by and between all the parties to these presents and by them declared to be their true intent and meaning That if the said T.G. shall at any time during his natural life be minded to alter change or make void all or any the use or uses trust or trusts hereby declared or any of them and shall to that purpose by any writing to be by him sealed in the presence of two or more credible witnesses declare and signifie such his mind and intention that then and from thenceforth from and after such signification and declaration so to be made as aforesaid such of the uses and trusts hereby limited of for and concerning the said Lands and Premisses and the profits of them or of or concerning such part and so much thereof concerning which such declaration shall be made shall cease determine and become utterly void frustrate and of none effect and that then and from thenceforth the said E.F. G.H. and their Heirs shall stand and be
shall from time to time for and during his continuance and exercise of and in the said place and office demean himself therein without voluntary concealment fraud or deceit towards his said Lordship and do and shall yearly during such his continuance and exercise at the audits to be kept for his said Lordship yield and make true and just accompts to the auditor for the time being of the said Mannor and Premisses and also make current payment and satisfaction to his Receiver of the Premisses for the time being or other Officer or Officers in that behalf to be authorized and appointed at or before every such audit and audits of and for all and every such Sum and Sums of Money Rents Revenues Fines Issues Goods Chattels Profits and Perquisits as then shall have come to the hands of the said J. S. his Deputy or Deputies or as he or they ought justly to be charged withal to his said Lordship for or in respect of the said office or place that then A Condition to pay Childrens Portions and shares of their deceased Fathers estates THe Condition That if the above-bound R. Y. his c. pay and deliver or cause to be paid and delivered unto the above-named W. E. and M. natural Children of the above-named N. late of R. aforesaid their late Father deceased their several filial portions or childs parts of the goods and chattels of their said late Father deceased according to the Inventory thereof and also accompt and render unto them their just shares of all other their rights due unto them by vertue of the last Will Testament of their said father when they come to the full age of twenty one years or happen to be married and also honestly according to their degrees educate and bring up the said children during the time of their nonage with meat drink apparel and learning and if it happen any of the said children to dye before they come to full age or to be married then if the said R. Y. do content and pay the portion and other rights of him her or them so dying to whom the Law shall appoint the same to be paid or who by proximity of blood ought to have it and also save and keep harmless the above named c. Comissary and all other the officers that then c. A Condition that the Heir shall make no claim THe Condition c. That whereas R. G. of c. father of the above-bound R. is possest of one messuage or tenement and certain customary Lands thereunto belonging holden of the Right Honourable c as of the Mannor of c. called or known by the name of c. now in the occupation of c. out of which messuage or tenements is issuing the yearly rent of c. and whereas the said R. the son for and in consideration of a certaine competent sum of c. to him the said R. by the said J. well and truly contented and paid whereof and wherewith the said R. acknowledgeth himself fully satisfied hath granted and agreed that the said J. by and with the consent of the said R. the father shall have enjoy to his own use for ever the said messuage or tenement lands and premises and all the estate right title and interest which the said R. the son now hath or at any time hereafter may might should or ought to have of in and to the same from by or under the right title or interest of the said R. the Father or as heir unto him if therefore the said R. the Son his c. nor any of them do not at any time hereafter make or cause to be made any claim or demand of in or to the said Messuage or Tenement and premisses or any part thereof from and after the decease of his said Father but to permit and suffer the said J. G. his c. and every of them to have possess and enjoy to his and their own use for ever the said c. and every part thereof without any let or disturbance of or by him the said R. the Son his c. or of or by any other person or persons or by his their or any of their acts means consents or procurements clearly released acquitted and discharged of and from all incumbrances whatsoever by him them or any of them had made committed or done or to be had made committed or done in any wise that then c. A Condition to appear before the Justices of Peace c. COndition c. That if the above-bound S. T. do personally appear in the custody of the Bayliff within-written or his Deputy before the Justices c. the Monday next after the Nativity of St. John Baptist at the Town of c. to find there before the said Justices good and sufficient Sureties for the Peace and to behave and bear himself well and peaceably against c. and in the mean time keep the peace of the Common-wealth and from thenceforth save and keep harmless the within-named c. for and concerning the premisses that then c. A Condition to suffer ones Wife to make a Will and to surrender a Copy-hold to his and her use THe Condition c. That whereas there is a Marriage c. Now if the said J. F. do and shall after the celebration of the said Marriage and during the coverture permit and suffer the said F. S. to make her last Will and Testament in writing or otherwise and by the same to give and dispose of the Goods and Chattels or ready money of him the said J. F. to the value of c. or under at her will and pleasure to such person and persons and for such intents and purposes as she the said S. shall by the same Will nominate and appoint And also if the said J. F. his c. after the said Will shall be so made and published under testimony of sufficient witnesses do and shall well and faithfully execute and perform the same Will or suffer the same to be duly executed and performed according to the intent and true meaning of the said S. F. and also if the said I. F. do and shall at the next Court to be holden for the Mannor of c. surrender into the hands of the Lord of the said Mannor according to the custome of the same all that his Mansion-house c. to the use and behoof of the said I. F. and S. F for and during their natural lives and the life of the longest liver of them and after the decease of the Survivor of them then to the use and behoof of c. that then c. A Letter of Attorney to receive money due upon several Bonds allowing the Attorney his reasonable charges and out of that money which he shall receive to satisfie himself of such moneys as are due to him for him which makes this Letter TO all men to whom these presents shall come W. R. of
Corn not being of their own tilth or rent-corn not being licensed thereunto according to the Statute lately made 10. Item To observe and answer how Vagabonds are taken up and punished and to see how the impotent poor are provided for without being suffered to wander abroad for relief out of the Parish 11. Item You shall enquire of what value and sufficiency of estate and discretion the Petty Constable is within every several Town within his County that hereafter no man be admitted to be a Petty-Constable except he be a Subsidy-man and of good understanding 12. Item You shall inquire and present all Masters that shall retain their Servants out of their general Petty-Sessions or give greater Wages than shall be set down by the Justice and whether the Petty Sessions be duly kept at the times accustomed so as none may be retained but in Petty Sessions except it be in cases of necessity and then the said retainer to be known unto the Chief-Constable of the Hundred and to be entred into their Book 13. Item You shall give warning to every Petty Constable that every one in his or their several Parish or limit do take heed that no Cottage be newly builded that every Constable when he shall see any stuffe or stone clay or timber provided by any Inhabitants within his Parish and minded to build a Cottage shall speedily give notice thereof to the Justices of Peace for that limit that the said Justices of the Peace may take present order for the suppressing thereof 14. Item If any Lord or Free-holder out of his private Devotion or otherwise shall build or erect any Cottage not laying thereunto four Acres of Lands according to the Statute then the Justices of the Peace shall take order that the said Lord or Freeholder shall maintain the Poor that shall inhabit in the said Cottage and if the said Lord or Free-holder shall refuse so to be ordered then the said Justices of the Peace shall take Recognizance of such Lord or Free-holder for their appearance at the next Assizes and general Goal-Delivery to answer for his refusal and contempt as for the building of the said Cottage 15. Item You shall make diligent inquiry what unlawful games drunkenness whoredom incontinency evil vile and other disorders be committed by Masters of Housholds in their several Families or by their Children or Servants for want of good government of the Housholders and to present the same for that upon the good ordering of private Families the Commonwealth doth depend 16. Item You shall make diligent inquiry what Servants before the time they were retained to serve were turned out of service and for what cause the Servant is so turned away for that thereby many become Rogues and idle persons and to present the same to the end Masters may be punished for such offence according to their demerit in that behalf 17. Item To inquire of all Purveyors and Poulterers which but any Victuals and sell the same again at unreasonable Rates 18. Item To inquire of all Dove-houses erected or maintained by any not being Lord of the Mannor or Parson of the Town Points of Law by R.O. concerning Lord and Tenant c. 1. IF the Lord take away any part of the Demised Premisses and exclude the Tenants by walls c. it is an extinguishment of his Rent 2. If a Landlord covenant with his Tenant to rebuild any Room and do not whereby the Tenant receiveth loss the Tenant may have an Action upon the Case upon his Parol-covenant wherein he may recover what he can prove himself damnified 3. If the Landlord hath manure lying in the ground of the Tenant and except it not at the Demise the Tenant may dispose the same as he sees cause for his own conveniency for being a place for a manure-hill the Tenants necessity will require use of it and that the Tenants may better and safer dispose it let him mix some of his own manure with it and then he may either sell it or lay it upon what ground he will 4. The Landlord digs a Saw-Pit c. After the ground let it is the Tenants and he may have an Action against any that during that time without his consent meddles with it 5. The Landlord after the Demise lops tops cuts and fells Timber Willows Sallows Thorns and other Wood during the Lease the Landlord cannot without consent of the Tenant meddle with the Woods not being excepted in the Lease 6. The Tenant may cut any Water-boughs Thorns Willows Alders c. for necessary Hedge-boot Fire-boot but not to sell and if he left Ashes 't is an Action of Waste in the Tenant 7. If the Landlord lay Hay in any Room of the Tenant c. and the Tenants Man or Maid or himself fodder his Cattle with it what remedy hath the Landlord against the Tenant and the Tenant against the Landlord An Action lieth against the Lord for laying his Hay there but the property of the Hay there is still notwithstanding in the Landlord and if the Tenant fodder his Cattle with it the Lord hath his Action 8. If a man let a Cow to her and after take her to the Market to sell and do not an Action of Trespasse lieth against the Owner for driving of her to the Market 9. If he 〈…〉 the Cow is letten sell the Cow and render the monâ—◠〈…〉 Owner what danger to him that sold her The Cow is to be returned and not her price and 〈…〉 refuse the price he may bring his Action but shall recover but her worth 10. If the Lord promise to put in repair any houses c. and do not if any of them fall down for want of mending what remedy hath the Landlord against his Tenant for not repairing the same An. If any of these things that the Lord was first to put in repair and did not decay the Tenant is not bound to repair them and if by permission they come to ruine it is the Landlords fault and the Tenant is free 11. If the Landlord promise to fence in a piece of ground where the Tenant is to sow Hemp and Corn and do not but so as the Tenants goods cannot be kept out but destroy his Corn. An Action upon the Case lying against the Lord upon the Promise 12. Cutting up Timber-Trees Fruit-Trees Hedgerow-Trees that shelter the houses are waste the Tenant hath interest in the rest if not excepted 13. A.B. hath his Horse strayed from him and finds him in the custody of C.D. and demands him of C.D. finding him in C.D. his draught and C.D. will not deliver him without 8 d. per week allowance and by delayes detains the Horse till the year be expired A.B. may recover his Horse by Detinue or Action upon the Action of Trover and Conversion wherein he must prove the Property of the Horse to be his and the other will be allowed fitting recompence for his Food but no longer than until he was owned and
become utterly void frustrate and of none effect to all intents constructions and purposes whatsoever and that then and at all times from thenceforth the said J. S. and his Heirs and all and every other person and persons standing and being or which at any time hereafter shall stand and be feized of the said Castle Mannors Lands and Premisses shall stand and be seized of the same or of such part or so much thereof concerning the which any such declaration or publication shall be made as aforesaid to such uses intents trusts and purposes as the said Sir R.C. in or by any such deed or writing as is aforesaid or by any other Deed or writing to be by him the said R.C. sealed and subscribed in the presence of three or more credible witnesses shall declare limit or appoint and for default of such declaration limitation or appointment to the use and behoof of the said Sir R. C. his Heirs and Assigns for ever and to or for none other use intent meaning or purpose whatsoever as in and by the said Indenture amongst divers other Provisoes and things therein contained more plainly and at large it doth and may appear Now know ye That I the said Sir R.C. do by this my present Deed or Writing sealed and subscribed by me the said R. C. in the presence of three credible witnesses declare and publish my mind intent and meaning to be to revoke alter and make void and frustrate and I do by these presents revoke alter and make void and frustrate all and every the use and uses estate and estates trust and trusts in and by the said Indenture declared limited or appointed of for and concerning all and every the Castle Mannors Messuages Lands Tenements Advowsons and all other Hereditaments mentioned contained and specified in the said Indenture with their and every of their appurtenances and of for and concerning every part thereof And I do hereby further declare limit and appoint That the said Castle Mannors Messuages Lands Tenements Advowsons and all other Hereditaments with their appurtenances shall remain and be and that the said J. S. and his Heirs and all and every other Person and Persons standing and being or which at any time hereafter shall stand and be seized of and in the same shall stand and be seized thereof to the use and behoof of me the said Sir R. C. my Heirs and Assigns for ever and to and for none other use intent meaning or purpose whatsoever In witnesse whereof I the said R. C. have hereunto set my Hand and Seal the 28. day of February in the year of our Lord God according to the computation used in England 1651. An Indenture of Co-partnership between four Merchants THis Indenture Quadriparâ—ite made the c. between R. B. Citizen and Goldsmith of London of the first part W. C. Citizen and Goldsmith of London of the second part T. B. Citizen and Goldsmith of London of the third part and T. L. of London Merchant-Adventurer late Servant of the said R.B. on the fourth part witnesseth That the said R.B. W.C. T.B. and T.L. in consideration of the fidelity trust confidence and good opinion which every one of them alwayes hath had and yet hath and reposeth in every other of them have joyned themselves to be Co-partners together in the Trade of Merchandizing that is to say in buying selling uttering vending or retailing of all sort and kinds of wares and all other kinds of businesses to the Trade of a Merchant incident belonging or appertaining and the said Co-partnership to continue between them from the first day of this instant Month of March for and during the term and space of three whole years from thence next ensuing and fully to be compleat and ended And to that end and purpose they the said R.B. W.C. T.L. and T.B. have before the day of the date of these presents delivered into stock to be used and imployed in the said Trade of Merchandizing as well within the Territories of England as elsewhere in several places in the Parts beyond the Seas in Money Cloth Wares Debts Merchandizes Adventures abroad and here in England Adventures now already upon the Seas and beyond the Seas such several stock and stocks and Sum and Sums of Money as are specified and expressed in a Schedule indented to these presents annexed of the particular and proper Stock severally put in and severally belonging to each one of the said several parties for their several quantity and proportion being in the said Schedule severally set down mentioned and declared as by the same more fully and plainly it doth and may appear It is now covenanted granted concluded condescended and fully agreed by and between all the said Parties to these presents and each one of the said several Parties for himself respectively and for his own particular part and for his own several and particular Executors and Administrators do and doth severally and not joyntly covenant grant promise and agree to and with every and each other of the said Parties his and their several Executors and Administrators by these presents in manner and form following that is to say That every and each of the said Parties for himself during and by all the said space of three years if all the said Parties shall so long live shall continue and abide together as joynt-Occupiers and Partners and that every and each of the said Parties shall from time to time during and by all the said term if they shall so long live do their and every of their reasonable endeavours and diligence by all the ways labours and means that each of them can or possibly may to the uttermost of their power wit cunning and knowledge and for the most benefit profit and advantage of every and each other faithfully and truly imploy buy sell and merchandize with all such and so much of the said whole stock as shall in all manner of wise come to be committed to each one of their several charge dispositions and government and the gains and encrease of every such part And it is the true intent and meaning of all the said Parties to these presents That the said W. C. shall manage the businesse and affairs for c. in the Parts of Spain during the good liking of the said R.B. and there for the most part reside and have his continuance and being the said T. L. to manage the businesse and affairs for Stoade Germany and those Parts during the good liking of the said R.B. and there be for the most part to reside and have his continuance and being and the said R.B. and B.T. to manage the businesse and affairs for England And it is covenanted granted and agreed by and between all and every the said Parties to these presents That all such gain profit and encrease as God shall send and as shall come grow or arise by reason of their said Trade and joynt-occupying as is aforesaid shall be from time
of c. Esquire and Dector in Divinity of the one part and S.M. and C.D. of c. in the County of c. Gentleman of the other part Whereas the said W.S. by Indenture bearing date the c. day of this instant moneth of c. for the consideration therein expressed did bargain and sell unto the said S M. and C.D. all those lands tenements and hereditaments with their and every of their appurtenances commonly called or known by the Name of c. containing by estimation six hundred and thirty acres be the same more or lesse scituate lying and being in the Towns Villages and Hamlets of T. and M. in the said County of c. or one of them together with all other lands tenements and hereditaments hereofore of Sir S.W. deceased and now or late of the said S.W. that are scituate lying and being in the Towns Villages and Hamlets of G. and S. aforesaid or either of them and also the reversion reversions remainder remainders of the said lands tenements and premisses and every part thereof To have and to hold the said lands tenements and premisses with the appurtenances unto the said S.M. and C.D. their Executors Administrators and Assigns from the day next before the date of the said recited Indenture unto the end and term of one year from thence next following To the intent that by vertue thereof and of the statute for transferring uses into possession the said S.M. and C. D. might be in the actual possession of the said lands tenements and premisses and be enabled to accept of and take a grant and release of the reversion and inheritance thereof to them and their Heirs to the use of them their Heirs and Assigns for ever as by the said recited Indenture more at large appeareth Now this Indenture witnesseth that the said S.W. as well for and in consideration of the sum of c. of lawfull money of England paid and secured to be paid by the said S. M. and C. D. to several persons by the direction and appointment of the said S. W. and for some of his debts wherewith the said lands and premisses stood charged and lyable That is to say three thousand pounds part thereof to F.R. Esquire and C. I. Citizen and Mercer of London in satisfaction and discharge of the money due to them by and upon a grant and conveyance thereof heretofore made of the said lands and premisses by the said W.S. and R.I. Esquire to the said F. R. and C.I. and their Heirs and c. residue of the said sum of c to Sir C.C. and Sir P.E. in satisfaction and discharge of their right and estate which they had of and in the premisses by a grant and conveyance of the said S.W. before this time made to them and their Heirs As also in consideration of a competent sum of money by the said S. M. and C. D. to the said S. W. in hand paid whereof he doth hereby acknowledge the receipt hath granted remised released and confirmed and doth by these presents grant remise release and confirm unto the said S. M. and C. D. in their actual possession now being by vertue of the said recited Indenture of bargain and sale made to them of a year and of the said statute and to their Heirs and Assigns the aforesaid lands tenements hereditaments and premisses with the appurtenances and all the estate right title interest claim and demand whatsoever of the said S.W. of in and to the same and every part thereof and the reversion and reversions remaiâ—dâ—r and remainders thereof and of every part thereof To have and to hold the said lands tenements hereditaments and premisses with the appurtenances unto the said S.M. and C.D. their Heirs and Assigns for ever to the onely use and behoof of the said S.M. and C.D. their Heirs and Assigns for ever And the said S.W. for himself his Heirs Executors Administrators and Assigns doth covenant and grant to and with the said S. M. and C. D. their Heirs and Assigns by these presents in manner and form following that is to say that the said S.M. and C.D. their Heirs Assigns shall and may from time to time and at all times for ever hereafter peaceably and quietly have hold and enjoy the aforesaid lands tenements and premisses with the appurtenances before herein mentioned to be granted without any let trouble molestation or interruption of the said S.W. or of his Heirs or of any other person or persons whatsoever having or lawfully claiming to have any estate right title interest term claim or demand of in and to the same and every or any part thereof and that freed acquitted and discharged or well and sufficiently saved and kept harmless by the said S.W. his Heirs Exeâ—utors Administrators and Assigns of and from all former and other grants bargains sales feoffements mortgages joyntures dowers leases estates Statutes-Merchant and of the staple recognizances judgements executions post-fines issues amerciaments rent-charge and seck all arrerages of rents and of and from all other titles troubles charges and incumbrances whatsoever had made committed suffered or done by the said S.W. or by any other person or persons whatsoever except one conditional grant of the premisses heretofore made by the said W.S. and B.I. Esquire to F.R. Esquire and C.I. Citizen and Grocer of London their Heirs and Assigns by way of Mort-gage for security of payment of a sum of money therein mentioned And also that the said S.W. Sir C.C. and Dame E. his wife and S.W. Esquire and C. his wife the said C. and E. being sisters and coheirs of S.C. Esquire deceased their Heirs and Assigns and all and every other person and persons having or lawfully claiming to have any estate right title interest clame or demand of in or to the said Lands Tenements and Premisses hereby granted or any part thereof shall and will from time to time and at all times hereafter at the reasonable request and at the Costs and Charges in the Law of the said S.M. and C.D. their Heirs and Assigns make do acknowledge levy suffer and execute and cause and suffer to be made done acknowledged levyed suffered and executed all and every such other and further acts things devices and assurances in the Law whatsoever of the said Lands Tenements and Premisses before herein mentioned to be granted with the appurtenances unto the said S.M. and C.D. their Heirs and Assigns be it by fine feoffment deed or deeds enrolled or not enrolled recovery with voucher or vouchers over release and confirmation or by all or any of them or by any other reasonable assurance in the Law as by the Council learned in the Law of the said SM and C. D their Heirs or Assigns shall be reasonably deyâ—sed or advised and required the which said further assurance and assurances so to be had and made shall be and shall endure to the only use and behoof of the said S.M. and C.D.
them or of any part of them or either of them this Indenture of Lease and all and every matter and thing herein contained shall cease determine and be utterly void to all intents purposes this Indenture or any thing therein contained to the contrary thereof in any wise notwithstanding the same several payments to be made and paid at or in the now c. and that without any demand to be made for the same Covenant to re-deliver possession upon failing of payment And the said J.M. and G.M. for themselves and either of them joyntly and severally and for their and either of their several Heirs Executors and Administrators and for every of them do and doth Covenant Promise and grant to and with the said T. I. his Executors and Assigns and to and with every of them c. that in case the said J. M. and G.M. their Executors Administrators and Assigns shall fail to pay the said several sums of money or any of them or any part of them or either of them at the dayes and times herein before mentioned and appointed for payment thereof that then they the said I. M. and G. M. their Heirs and Assigns and every and either of them shall and will within c. next after default of payment of the said sums of money or any or either of them or any part of them or either of them leave yield up and deliver unto the said T. L. his Executors and Assigns the peaceable and quiet possession of the said Mannor Messuages Lands and all other the premisses with their and every of their rights members appurtenances And to make further assurance And also that the said I. M. and G. M. their heirs and assigns shall and will from time to time and at all times during the space of seven years c. as in Covenants for further assurance And the said T. L. for himself That if the said I. M. and G. M. their heirs and assigns or any or either of them do and shall well and truly pay or cause to be paid unto the said T. L. his Executors or Assigns the said several Sums of money herein before mentioned and expressed at the dayes and times in the Proviso herein before expressed and appointed for payment thereof according to the true intent and meaning of the said Proviso Covenant upon payment to assign over all the Lessors interest That then the said T.L. his Executors and Assigns from and after full payment of the several Sums of money in form aforesaid shall and will at the request of the said I. M. and G.M. their Heirs and Assigns deliver up the said recited Indenture and also that part of these presents which is under the hand and seal of the said I.M. and G.M. And also that he the said T.L. his Executors and Assigns shall and will permit and suffer them the said I.M. and G.M. their Heirs and Assigns to hold and enjoy the said Mannor and premisses for and untill default of payment of the said several sums of money or either or any part of them shall happen to be made by the said I.M. and G.M. their heirs or Assigns at either of the dayes or times herein before mentioned and appointed for payment thereof In witnesse c. A Confirmation of a Mortgage TO all Christian people to whom this present writing shall come R. F. of London Son and Heir of W. F. late of L. in the Parish of P.R. in the County of B. Yeoman deceased sendeth greeting in our Lord God everlasting Whereas the said W.F. by his Indenture of Lease bearing date c. made between the said W. F. by the name of W. F. of L. in the parish of P. R. in the County of B. Yeoman on the one part and T.F. then of W. A. in the parish of H. in the said County of B. Husbandman on the other part for and in consideration of the Sum of 50 l. of currant money of England to him the said W. F. by the said T. F. in hand paid and for other considerations him moving did demise grant and to farm-let unto the said T. F. his Executors and Assigns all that Messuage or Tenement wherein he the said W. F. did then dwell with the appurtenances scituate lying and being in L. aforesaid within the parish of P.R. in the C. of B. and also all and singular the Cottages Houses Barns Stables Buildings Edifices Yards Back-sides Orchards Gardens and Easements to the said Messuage or Tenement belonging or in any wise appertaining And also all those two Closes c. and also all Woods Underwoods Timber and Trees Quick-mounds Hedges Ditches Fences Hades and Blanks whatsoever standing growing or being in or upon the premisses or any part or parcel thereof or to the same premisses or to any part or parcel thereof belonging or in any wise appertaining together with all Commons Common of pasture Commodities Profits and Appurtenances whatsoever and all other Lands Tenements and Hereditaments whatsoever to the said Messuage or Tenement and other the Premisses or to any of them belonging or in any wise appertaining and the Reversion and Reversions Rent and Rents of all and singular the premisses and of every part and parcel thereof To have and to hold the said Messuage or Tenements Houses Closes arable Lands Woods Under-woods Commons Commodities and all other the premisses and every part and parcel thereof with their appurtenances unto the said T.F. his Executors Administrators and Assigns from the Feast of c. next coming after the date of the said recited Indenture unto the end and term and for and during the term of 500 years from thence next ensuing fully to be compleat and ended and without impeachment of or for any manner of wast by and under the yearly Rent of 1 l. at the Feast of c. onely if it were lawfully demanded Nevertheless with Proviso in the said recited Indenture contained and hereafter belonging viz. Provided alwayes and it is covenanted granted concluded and fully agreed by and between the parties to the said Indenture That if the said W. F. his Heirs Executors Administrators or Assigns or any of them do and shall well and truly content satisfie and pay or cause to be paid unto the said T. F. his Executors Administrators or Assigns the full sum of 50 l. of lawful money of E. on and upon the twenty sixth day of M. next coming after the date of the said recited Indenture at the then dwelling house of the said T. F. at c. without fraud or deceit That then at all times thenceforth from and after full payment made of the said sum of 50 l. as aforesaid the said Indenture Lease Demise and Grant and all and every other Covenant Grant and Articles therein contained should cease determine and be utterly void and of none effect to all intents and purposes and that then and at all times from thenceforth it should be lawful for the
said W. F. his heirs and assigns into the said premisses to re-enter and the same to have again as in and by the said recited Indenture c. appeareth And whereas the said W. F did not pay nor cause the said Sum of 50 l. to be paid neither is the same yet paid unto the said T. F. according to the Proviso or Condition in the said recited Indenture of Lease mentioned by reason whereof all the said Messuage and Premisses became absolutely forfeited unto the said T. F. for all the said term of 500 years in the said recited Indenture mentioned Now these presents witness That the said R. F. being Son and Heir of the said W.F. deceased for and in consideration of the Sum of 28 l. more of currant money of E. to him in hand paid c. and for other good causes and considerations him moving hath and hereby doth absolutely grant ratifie and confirm the aforesaid Lease and all the Estate and term for years therein and thereby demised and granted or mentioned to be demised and granted And also doth hereby fully and absolutely release the said Condition and assure all and every Condition and Conditions whatsoever in the said recited Indenture of Lease contained And also the said R.F. for the consideration aforesaid doth hereby grant demise confirm and unto the said T.F. his Executors Administrators and Assigns the aforesaid Messuages or Tenement Cottage Closes Lands and all other the premisses for all the foresaid term and number of 500 years by the said recited Indenture of Lease demised or thereby mentioned to be demised and doth also hereby grant and release unto the said T. F. his Executors and Assigns the aforesaid yearly Rent of 1 l. by the said recited Indenture reserved and all the arrerages thereof To have and to hold all the said Messuage or Tenement Cottages Closes Lands and all other the premisses with their and every of their appurtenances in the said recited Indenture mentioned and the said yearly rent unto the said T.F. his Executors Administrators and Assigns for and during all the rest and residue of the said term and number of 500 years in the said recited Indenture of Lease mentioned and now to come and unexpired freely and absolutely without any Proviso or Condition whatsoever Cum Covenantis proprecata fruitione ab Incumbram ulterior Assurand In witnesse whereof c. An Indenture upon Marriage and for setling Lands to uses and a Declaration of a Fine lovied to those uses THis Indenture made c. between J. S. Esq second Son of the Right Honourable H E. of W. on the one part and A. Lady D. of c. and Sir T. W. of c. on the other part Whereas the said E. and A. his wife Recital of being seized in the County of W. are now seized for the term of their lives and for the life of the longer liver of them of and in all that the Mannor of G. and the Lands Tenements and Hereditaments called C. P. and of the Burrough of C. and of the Advowson and free gift of the Parsonage of the Church of C. with all and singular the rights members and appurtenances thereof in the C. of D. and of divers Messuages Lands Tenements Rents Woods Wood grounds and hereditaments to the said Mannor and premisses belonging or appertaining without Impeachment of wast the Reversion or Remainder thereof to the said J. S. and the heirs of the body of the said J. S. lawfully to be begotten And for want of such Issue the Remainder to the right heirs of the body of the said E. and C. And for want of Heirs issuing of the body of the said E. and C. the Remainder then to the right and next heirs of the said C. for ever Recital of the Marriage And whereas there is a Mareiage by Gods Grace intended shortly to be had and solemnized between E. Lord H. Son and heir apparent of the said E. and C. and E.D. sole Daughter of the said A. Lady D. they the said E. and C. and the said J. S. for settling of the Inheritance of the said M. and premisses to the uses hereafter expressed and declared have this present time of the holy Trinity in the year above-said acknowledged and levied one Fine in due form of Law before his Majesties Justices of his Court of Common-Pleas at Westminster Recital of the Fine unto the said A. Lady D. and Sir T.W. and to the heirs of the said A. Lady D. amongst other Mannors Lands Tenements and Hereditaments in the said Fine contained of and for all that the said Mannor of C with the appurtenances And of all Lands Tenements Meadows Pastures Feedings Commons Woods Wood-grounds Wasts Moors Heaths Liberties Franchises Jurisdictions Advowsons Presentations Emoluments and Hereditaments whatsoever to the said Mannor and premisses or any part or parcel thereof belonging or appertaining or accepted reputed taken known or demised letten used occupied or enjoyed as part parcel or member thereof or any part thereof And whereas the said E. and C. by Indenture tripartite under their Hands and Seals dared with these presents have expressed and declared that the said Fine so levied of and for the said Mannor of C. and premisses herein contained should be and enure to the use and behoof of them the said E and C. for and during the term of their two lives and the life of the longer liver of them without Impeachment of or for any manner of wast and from and after their decease and of the Survivor of them the remainder thereof to the use of the said E. Lord H. during the term of his natural life and from and after hiâ— decease the Remainder thereof to the Heirs males of the body of the said E. Lord H. to be begotten on the body of the said E. the remainder thereof to the right heirs of the said C. as by the said Fine and recited Indenture purporting and declaring the use aforesaid it doth and may appear Now this Indenture witnesseth Intention of Parties and it is hereby covenanted concluded declared and agreed by and between all the parties to these presents and the true intent and meaning of the said J S. and of all the parties to these presents and to the said Fine at the time of levying thereof for and concerning the said Mannor of C. with the rights members and appurtenances thereof was and now is that the said Fine should be and enure and hereby and by all the parties to these presents is declared and expressed to be and enure and the Cognizees of the said Fine and their heirs shall stand and be seized of the said Mannor of C. with the rights members and appurtenances thereof To the uses intents and purposes hereafter expressed limited and declared that is to say The Uses To the use and behoof of them the said E. and C. for and during their two lives and the life of the longer liver of them
and E. his wise or either of them have had or may have claim or pretend to have of in or to all such Lands Tenements c. That then c. A Bill to pay Money MEmorandum That I R. S. do owe unto I. M the full sum of 10 l. of c. to be paid unto the said J. M. his c. on the c. next coming for payment whereof I the said R. S. do bind me my c. in the sum of c. firmly by these presents Sealed and dated the day and year abovesaid Let it be dated as a general acquittance A Release BE it known c. That I W.B. of c. have remised released and for me my heirs c. do by these presents remise c. unto I.R. of c. all and all manner of Actions Sutes Quarrels Debts Trespasses Accounts Covenants and demands whatsoever which I the said W. B. now have against the said J. R. or my Executors Administrators or assigns at any time might ought or could have against the said J R. his c. as Executor of J. R. his Father deceased or otherwise howsoever from the beginning of the world until the day of the date hereof In witness c. A License to let Lands although prohibited by Lease WHereas my Tenant W.H. holdeth of me one Tenement in P. in c. with the appurtenances for certain years yet to come by an Indenture of Lease dated c. wherein he hath expresly Covenanted with me not to set or let out any part or parcel of the said Tenement without my special licence and consent in writing in that behalf to be had as by the said Indenture amongst c. appeareth These presents witness That I the said H.K. have licensed allowed and do by these presents license and allow the said W.H. to let set or demise the said Tenement to one R.P. his c. for three years next ensuing Provided That he the said W. H. shall at his peril see the Rent in the said Indenture and other Covenants and payments therein mentioned to be paid on the part and behalf of the said W.H. be duly kept and performed Dated c. A Letter of Attorney to two to receive possession TO all Christian people to whom these presents shall come Sir R. D. of c. sendeth greeting Whereas G.S. of c. did seal unto the said Sir R. D. and deliver an Indenture bearing date the last day of May now last past purporting a Conveyance unto him the said Sir R. D. and his heirs of all that Messuage or Tenement with the appurtenances scituate and being in B. aforesaid sometimes thentofore c. setting down the particulars To have and to hold the said c. to the said Sir R.D. his Heirs and Assigns for ever as by the said Indenture it doth and may more fully appear Now know ye That the said Sir R. D. hath and hereby doth authorize constitute depute and in his stead and place put his well-beloved Friends C. G. of c. and T. A. of c. and either of them his true and lawful Attorneys joyntly and severally to receive and take for him and in his name and to his use full and peaceable possession and seisin of and in all or any part of the premisses in the name of the whole of and from the said G. S. to hold to the said Sir R. D. and his Heirs according to the tenor purport form and effect of the said Indenture In witness c. A Note of Indorsement of Livery of Seisin on the Indenture by vertue of the Letter of Attorney MEmorandum That full and peaceable possession and seisin was given and delivered by the within-named G. S. of the Messuage or Tenement Closes and Land within-mentioned unto C. G. of c. by vertue of the Letter of Attorney to this present Indenture annexed for and in the name and to the use of the within-named Sir R. D. and his Heirs according to the true intent and meaning of the said Indenture and Letter of Attorney the day of c. in the presence of us whose names are subscribed Note That the Letter of Attorney must be pinned or filed to the Indenture An Assignment of a Lease in trust THis Indenture made c. Between W. P. of c. on the one part and R. P. of c. on the other part Witnesseth That the said W. P. for divers good causes and considerations him hereunto moving hath demised granted assigned and set over And by these c. unto the said R.P. his Executors and Assigns All that c. setting down the particulasr with their and every of their rights members and appurtenances thereunto belonging Together with all and every the estate right title interest use possession term for years claim and demand whatsoever of him the said W. P. of in and to the said c. by vertue of a former Lease or Assignment thereof made to him by one W. R. of c. and I. his wife or either of them for the residue of a term of 1000 years then unexpired or otherwise howsoever To have and to hold the said c. with the appurtenances during all the rest and residue of the said term of 1000 years which are yet to come and unexpired unto the said R. P. his Executors and Assigns Upon the trusts and to the intents and purposes hereafter mentioned and expressed That is to say That the said R.P. and his assigns shall permit and suffer the said W. P. to have and take to his own proper use and benefit all and every the Rents Issues and Profits of the premisses for and during his natural life without Impeachment of or for any manner of waste And from and after his decease the said R. P. or his assigns shall stand and be possessed or dispose of the premisses during the residue of the said term which shall be then to come to such uses intents and purposes as the said W. P. shall by his last Will and Testament in Writing under his Hand and Seal and subscribed in the presence of two or more credible Witnesses nominate and appoint the same and for want of such Declaration or Limitation to be made That then the said R. P. shall stand possessed of the premisses in trust for the Executors or Administrators of the said W.P. and to none other use intent or purpose whatsoever In witness c. E. R. having bought the Mannor of B. and Copy-hold Lands belonging to it takes a surrender of the Copy-hold Lands in others names who by Deed after recital of what Estate they had make this acknowledgement WHereas E. R. of c. hath with his own money purchased of I. G. of c. amongst other Lands Tenements and Hereditaments the Customary Messuage Lands Tenements and Hereditaments hereafter mentioned viz. Then setting all the particulars with the quantity and number of acres and closes names and in whose occupation And also
Executors Administrators and Assigns from the Feast of St. Michael the Arch-Angel next ensuing the date hereof for the term of fifteen years from thence next ensuing fully to be compleat and ended Reddendum Yielding and paying therefore to the said T. L. his heirs executors and assigns at the Feast of c. the Rent and sum of 13 pound of currant money of England and one couple of good fat Capons And also yielding and paying at the Feast of St. c. the â—ent or sum of 15 pounds and 9 shillings of currant money of England and also from and after the Feast of St. c. Yielding and paying yearly and every year during the said term the sum of 30 pounds and 18 shillings of currant money of England at the Feasts of c. by even and equal portions and one couple of good fat Capons yearly and every year or five shillings in lieu thereof at the Election of the said T. L. his Heirs Executors and Assigns at the Font-stone in the Inner Temple Church London And if it shall happen the said yearly Rent or sums of money or any of them The Distress to be behind and unpaid next after any or either of the said Feasts or dayes of payment whereon the same ought to be paid as aforesaid that then at all times it shall and may be lawful to and for the â—aid T. L. his heirs executors and assigns and every of them to enter into and upon all and every or any the demised premisses and to distrain for the same and the arrerages thereof if any happen to be and the distress and distresses there had and taken to lead drive take and carry away and the same with him and them to detain and keep untill the said yearly Rents and every of them and the arrerages thereof if any happen to be unto the said T. L. his Heirs Executors and Assigns shall be contented and paid Provided alwayes and upon condition Proviso to re-enter for non-payment of rent That if the said yearly Rents hereby reserved or any of them shall be behind and unpaid by the space of thirty dayes next after any or either of the said Feasts or dayes of payment whereon the same ought to be paid as aforesaid That then and at all times from thenceforth it shall and may be lawful to and for the said T. L. his Heirs Executors and Assigns and every of them into and upon all and every the Demised premisses to re-enter and the same to have again retain re-possess and enjoy as in his and their first and former estate and right this Indenture or any thing therein contained to the contrary thereof in any wise notwithstanding And the said R. L for himself his heirs executors and administrators and for every of them doth Covenant and Grant to and with the said T. L. his Heirs Executors and Assigns and every of them by these presents that he said R. L. his Executors and Assigns at any time or in any year during the said term shall not Not to cross-crop not will Cross-crop the demised premisses or any part thereof And also that he the said R. L. shall and will yearly during the said term in Husband-like manner lay on and bestow upon the premisses or some part thereof as much Compost and Dung as the Stover and Fodder growing on the premisses will or may make To pay Duties and also shall and will during the said term bear pay and discharge all manner of payments and Duties whatsoever that shall or may any ways grow due or payable for or by reason of the Demised Premisses or any of them to the Kingdom or otherwise and thereof and therefrom shall and will acquit and discharge the said T. L. his Heirs Executors and Assigns And also that he the said R. L. his Executors and Assigns from time to time and at all times during the said term The Repair shall and will well and sufficiently make amend keep cleanse and scour all and every the hedges ditches pales gates stiles fences and mounds upon and about the Demised premisses and every of them and the same being well and sufficiently made amended kept cleansed and scoured in the end or other sooner determination of the term hereby Demised shall and will leave and yield up unto the said T. L. his Executors and Assigns Not to assign without License And also shall not nor will Demise grant assign or let the premisses or any part or parcel thereof or depart with his estate therein to any person or persons whatsoever without the License and consent of the said T. L. his Heirs Executors and Assigns under his or their hands in writing therefore had and obtained And also shall and will pay all and every the yearly Rents and Sums of money hereby reserved according to the Reservations aforesaid And the said T. L. for him The Lessee to enjoy performing Covenants his Heirs Executors and Assigns and every of them doth Covenant and grant to and with the said R. L. his Executors and Assigns by these presents That he the said R. L. by and under the Rents Covenants and Agreements herein contained and on his and their parts to be paid done and performed shall and may during the said term quietly and peaceably have hold occupy and enjoy all and every the Demised premisses except before excepted without the let sute trouble molestation interruption or Eviction of him the said T. L. his Heirs Executors and Assigns and of all and every other person and persons whatsoever lawfully claiming by from or under him the said T. L. his Estate or Title In witness whereof c. An Assignment of a Lease forfeited upon a Mortgage THis Indenture made c. between I. S. of P. and G. E. c. on the one part and T. L. of c. on the other part Whereas the said I. S. by his Indenture of Lease Reciting of the Lease bearing date the 24th of May in the Twelfth year of the Reign of our said Soveraign Lord that now is for the Consideration therein expressed did Demise and grant unto the said G. E. all those parcels of Land arable Pasture and wood-ground lying and being in E. in the County of M. hereafter particularly mentioned That is to say one parcel of Arable containing by estimation 4. Acres c. together with free liberty of ingress egress and regress way and passage into and from the same several Lands and Premisses and every of them And also all other the lands tenements hereditamants whatsoever of him the said I. S. in E. aforesaid and to him the said I. S. and his heirs bargained sold by M. F. widow by Indenture dated the c. and inrolled in his Majesties Court of Chancery and the Reversion and Reversions Remainder Remainders of all and every the Demised premisses and every of them and all Pastures Feedings Commons Woods Under-woods Wayes
Water-Courses Easements Commodities Advantages and appurtenances thereunto belonging or appertaining and all Writings Deeds and Evidences concerning the said premisses or any of them To have and to hold the said several pieces and parcels of Land Arable Pasture and Wood-ground and all other the premisses with their and every of their appurtenances unto the said G. E. and his assigns from the day of the date of the said recited Indenture of Lease unto the full end and term of two hundred years from thence next ensuing and fully to be compleat and ended without Impeachment of any manner of waste by and under the yearly Rent of one Pepper-Corn if it were demanded with Conditions therein contained that if the said I. S. his Heirs Executors Administrators and Assigns should pay unto him the said G. E. his Executors or Assigns the Sum of 100 pound of currant money of England on c. according to the Condition of a Surrender of certain Copy-hold-Lands dated the day of c. that then from thenceforth thesaid recited Lease to be â—oid as by the said recited Indenture of Lease it doth and may appear That the premisses were forfeited And whereas the said I. S. did not nor hath paid the said moneys according to the said Proviso and Condition by reason whereof the said Lands and Premisses are absolutely come unto and vested in him the said G. E. for all the rest and residue of the said term of 200 years by the foresaid Lease Demised and granted as aforesaid Now this Indenture witnesseth That the said G. E. at the request and by the appointment of the said I. S. and for and in consideration of the Sum of 100 pound of currant money of England to him in hand paid by the said T. L. and the said I. S. for and in consideration of the Summe of 100. pound of currant money to him by the said T. L. in hand paid by the said T. L. the receipts of which several Sums of money they the said G. E. and I. S. do hereby severally acknowledge and thereof do severally acquit and discharge the said T. L. his Heirs Executors Administrators and Assigns and every of them for ever by these presents The Assignment Have Demised granted bargained sold assigned and confirmed and by these presents do joyntly and severally Demise grant bargain sell assign and confirm unto the said T. L. his Executors and Assigns all those the foresaid several parcels of Land Pasture and Wood-ground lately stocked up and premisses with their appurtenances in the said recited Indenture of Lease mentioned and expressed and all their and either of their estate right title interest term for years claim and demand whatsoever of them the said G. E. and I. S. therein and thereunto together with the said recited Indenture of Lease The Habendum To have and to hold all and every the said several pieces and parcels of Land Pasture and Wood-ground with their appurtenances unto the said T. L. his Executors Administrators and Assigns for and during all the rest and residue of the said term and now to come and unexpired in as full and ample manner to all intents and purposes as they the said G. E. and J. S. or either of them may or might hold or enjoy the same by vertue of the said recited Indenture of Lease or otherwise howsoever A Covenant to enjoy the remainder of the term And the said G. E. for himself his c. doth Covenant and grant c. that he the said T. L. his Executors and Assigns shall and may at all times during the said term or residue of the said term and number of years now to come and unexpired quietly and peaceably have hold occupy and enjoy all and every the said parcels of Land Pasture and Wood-ground with their appurtenances without the let suit trouble Expulsion or Eviction of him the said G. E. his Executors and Assigns and of all and every other person and persons whatsoever lawfully claiming by from or under him the said G. E. his estate or title and absolutely freed and discharged from all charges and incumbrances whatsoever done or suffered by him the said G. E. or by his means act or procurement And the said J. S. for himself his c. A Covenant if the number of Acres be wanting so much money to be repaid ut supra That in case the said Lands wood-grounds and premisses hereby mentioned to be assigned together with other parcels of Copy-hold Lands of the said J. S. lying in E. aforesaid and by him the said J. S. sold to him the said T. L. and his heirs shall fall out and appear to be under the quantity of 24 Acres at which quantity the same is now sold and estimated unto him the said T. L. That then he the said J. S. his Executors and Assigns shall pay and allow unto him the said T. L. so much moneys and after the rate of 12 pound for every acre and after that rate for a greater or lesser quantity than one acre that shall want of the said quantity and number of 24. acres And also that he the said T. L. his c. To enjoy against the Mortgagor shall and may quietly and peaceably have hold possess and enjoy all and every the said Lands and premisses with their appurtenances without the let sute trouble disturbance molestation interruption or eviction of him the said J. S. his Heirs Executors and Assigns and of all and every other person and persons whatsoever lawfully claiming by from or under him the said J. S. his estate or title and absolutely freed and discharged from all fines issues amerciaments forfeitures and all and all manner of charges and Incumbrances whatsoever made done or suffered by him the said I. S. or by his act means neglect or procurement the foresaid recited Indenture of Lease made to the said G. E. only excepted c. A Lease for three Lives of a Messuage and Lands unto those that sold the same it being so agreed upon sale thereof Well peâ—â—d THis Indenture made c. between J. B. of c. on the one part and J L. of c. and E. his wife and J. L. his Sonne on the other part Whereas the said J. L. and E. his wife Recital of the Lessies sale with agreement that the Lessâ— should make a lease by their Indenture of bargain and sale dated the second day of October last past for the Consideration therein expressed and by other assurance in Law have sold and conveyed unto the said J. B. his heirs and assigns for ever all that Messuage or Tenement with the appurtenances wherein the said J. L. then did and now doth inhabit scituate and being in L. M. aforesaid and all those the Lands hereafter particularly mentioned and expressed as by the said recited Indenture of bargain and sale amongst other things therein contained it doth and may appear And whereas it was agreed between
foresaid Obligation and of and from all and all manner of Costs Charges Suits and Damages whatsoever of for and concerning the said Obligation That then c. An Assignment of several Leases of divers Messuages and Lands with several recitals and good Covenants Well penn'd THis Indenture made c. Between J.S. of c. and J. G. of c. on the one part and R. G. of c. on the other part Whereas J. S. of c. G. P. of c. Executors of the last Will and Testament of M. S. Gent. deceased and the said J. G. by Indenture bearing date the 26. day of S. in the c. of his said Majesties Reign that now is over England c. made between the said J. S. and G. P. and J. G. on the one part and E. S. on the other part by the name of E. S. of c. Did grant assign and set over to the said E. S. and her Assigns as well an Indenture of Demise therein recited dated the day of c. made from R. E. late of c. unto J. G. late of B. in c. and I. his wise Father and Mother of the said I. G. party to these presents of all that Messuage or Tenement and half yard-Land with the Appurtenances then or late in the Tenure or Occupation of one E. A. or his Assigns in S. sometimes W. W. scituate and being of H. W. and P. and every or either of them in the said County of S. and of all Houses Buildings Barns Stables Orchards Gardens Back-sides and grounds with the Appurtenances whatsoever to or with the said Messuage or Tenement and premisses belonging with all and every other the Lands Tentments Feedings Hereditaments and Profits whatsoever to the said Messuage or Tenement belonging or reputed as parcel or member of the same or any of them except therein excepted for the Term of 3000. years from the Feast of the c. then last past at the yearly Rent of 7. shillings of c. as also all the estate title interest term of years thereby granted then to come and unexpired possession claim and demand whatsoever of the said I.S. G.P. and I. G. of and to the same and every part thereof on Condition therein contained to this effect That if the said I. G. his Executors Administrators or Assigns did well and truly pay to the said E.S. her Executors or Assigns the Summe of c. of lawful English money upon the last day of M. then next ensuing That then from thenceforth the said Grant and Assignment and every thing therein contained to be utterly void and of none effect as by the said Indenture more fully appeareth Which said Sum of c. was not satisfied or paid to the said E. S. neither on the day in the Condition of the said Assignment mentioned nor since by reason whereof the premisses became absolutely forfeited to the said E.S. And whereas also the said I.G. by his Indenture of Assignment dated the c. of his Majesties Reign that now is did bargain assign and set over to the said E.S. and her Assigns as well one other Indenture of Lease dated the 21 day of M. in the one and fortieth year of the said late Queen Elizabeth her Reign also made from the said R. E. to the said I. G. Father of the said I. G. party to these presents and his Assigns of all that his c. setting the particulars down here at large as they were mentioned before within the Parishes of H. P. or W. within the said Counties of S. or some or one of them with all Woods Under-woods Profits Commodities and Advantages to the said Messuage or Tenement and half yard-land belonging for the term of 3000. years from the Feast of c. then next ensuing at the yearly Rent of c. as also all the estate right title interest possession Reversion Term of years claim and demand whatsoever of the said I. G. to the said c. and other the premisses with the appurtenances by the same Indenture of Lease Demised by vertue of the same Indenture or otherwise as by the same Indenture c. appeareth And whereas the said E. S. by her Indenture dated c. did Covenant with the said I. G. and his Assigns That if the said I. G. or his assigns did well and truly pay to the said E.S. or her assigns the Summe of 325. pound at the dwelling house of A. C. Scrivener scituate in B. London at one entire payment on the fifteenth day of October which then shall be in the year of our Lord God 1630. That then she the said E.S. and her Assigns should upon request of the said I. G. re-assign and convey unto him the said two several recited Indentures of Leases and all her estate and interest claim and demand in and to the said several Messuages Lands and Premisses demised by the said several Indenture of Leases as by the said last recited Indenture more at large appeareth And whereas the said I. G. by his Release dated c. did in Consideration of a Competent Summe of Money Release all his Right Title and Interest of and in the said Messuage Lands and Premisses to the said E. S. and her Assigns as by the said Release appeareth And whereas the said E. S. by her Indenture of Assignment dated c. did for the Consideration therein mentioned assign and set over all her estate right title and interest of in and to both the said recited Indentures of Lease as also in and to the said Messuages Lands and Premisses to the said I. S. her Father party to these presents To hold to him and his assigns during all the residue of the said Term of years in the said several recited Indentures of Lease then to come and unexpired as by the said last recited Indentute of Assignment more fully appeareth Now this Indenture witnesseth That the said I. S. and I. G. for and in Consideration of the Summe of c. in hand paid or secured by the said R. G. unto the said I. S. as also for and in Consideration of the Summe of c. at the ensealing and delivery of these presents in hand paid or secured by the said R. G. unto the said I.G. the said several receipts of which said several Sums of money they the said J. S. and J G. do hereby severally and respectively acknowledge and thereof and of every part thereof do severally and respectively acquit and discharge the said R. G. his c. and for other good c. Have demised granted set and to Farm-let released and confirmed and by these presents do c. unto the said R. G. his c. all and every the said Messuages Lands Tenements Hereditaments and Premisses with their and every of their Rights Members and Appurtenances in the said former recited Indenture of Lease or Assignments mentioned To have and to hold all and every the said Messuages or Tenements Lands and all
other the Premisses with their and every of their appurtenances unto the said R.G. his Executors and Assigns and every of them by these presents for and during and unto the full end and Term of 99. years from hence next ensuing fully to be compleat and ended Yielding and paying therefore yearly during the said term to the said I. S. his c. a Pepper-Corn at the Feast of St. Michael the Arch-Angel if it be lawfully demanded And the said I. S. for himself his c. doth Covenant and grant to and with the said R. G. his c. That he the said I. S. now hath good right full power and lawful and absolute authority to demise grant and let the said Messuage or Tenement lands and premisses with their appurtenances unto the said R.G. his c. for and during the said Term and Number of years aforesaid according to the true intent and meaning of these presents And also that the said Messuage c. and every of them shall and may during the Term hereby demised remain and be unto the said R. G. his c. sufficiently saved and kept harmless of and from all and all manner of former and other Gifts Grants Leases Forfeitures Surrenders Extents Rents and Arrerages of Rents and of and from all and all manner of Charges Titles Troubles and Incumbrances whatsoever had made committed done or suffered by him the said J. S. or by the said E. S. his said Daughter oâ— either of them their or either of their Executors or Assigns And also that he the said R. G. his c. shall and may peaceably and quietly have hold occupy possess and enjoy the said c. for and during the Term hereby demised without the Let Sute Molestation Interruption or Eviction of him the said J. S. or the said E. S. and without the lawful let of all and every other person and persons whatsoever lawfully claiming in by from or under him her or either of them their or either of their estate right or title And the said I. G. for himself his c. doth Covenant and Grant to and with the said R. G. his c. That he the said I. G. at no time before the date hereof hath done or suffered to be done any Act or Thing whatsoever which shall or may be hurtful prejudicial or a hinderance to the said R. G. his c. or any of them in his and their having and quiet enjoying of the said c. But that he the said R.G. his c. may have and enjoy the said Lands and Premisses and every of them for and during the Term hereby demised without the let or hinderance of him the said I. G. his c. or of any other person or persons whatsoever claiming by from or under him them or any of them And the said I. S. and I. G. and either of them do for themselves joyntly and severally and not one for the other and for their severall and respective Executors c. and for every of them Covenant and Grant to and with the said R. G. his c. That they the said I. S. and I. G. and either of them their Heirs and Assigns and every of them shall and will from time to time and at all times for and during the space of five years next c. at the request and costs of the said R. G. his c. further do make suffer acknowledge and execute all and every such further and other lawful and reasonables Act or Thing whatsoever for the further better and more perfect assuring surety and sure making of the said c. unto the said R. G. his c. or to such other person and persons as he the said R.G. shall nominate and appoint and every or any of them for and during the said Term hereby Demised as also all other the Interest and Term for years which he the said I. S. now hath in the said c. yet to come and unexpired at by him the said R. G. his c. or his their or any of their Councel learned in the Laws shall be reaso â—ably devised or advised and required And the said I.S. for himself c. doth Covenant and grant to and with the said R. G. c. That he the said I. S. his c. or some of them shall and will within six months now next ensuing the date hereof deliver or cause to be delivered unto the said R. G. or his Assigns or some of them all the Original Leases of the Premisses herein before recited or mentioned as also all and singular the severall mean Assignments made of the premisses from time to time and also all such Deeds Evidences Court-Rolls Writings Escripts and Minuments whatsoever concerning the premisses or any part or parcel thereof which now be in the possession custody or keeping of the said I. S. or of E. S. or of any other person or persons whatsoever by their or either of their delivery privity or appointment or which he the said I. S. may obtain or come by whole uncancelled safe undefaced and in as good plight as the same or any of them now are and also true Copies of all such other Deeds Evidences and Writings as the said I. S. or E S. or either of them have or can come by touching the said c. or any part thereof joyntly or together with any other Lands the said I. S. his c. or some of them paying and bearing the charge of making and writing and coming by the Deeds Evidences or Copies or any of them And the said R. G. for him his c. doth Covenant promise and grant to and with the said J. S. and J. G. and either of them their and c. That he the said R. G. his c. shall and will during the term hereby Demised bear pay and discharge all and all manner of Quit-Rents or other Rents and Services whatsoever which shall be due or any wayes payable for or in respect of the said c. or any of them from the day of the date hereof and thereof and of every part thereof shall and will sufficiently during the term hereby Demised acquit and discharge the said I. S. and I. G. their Executors and Assigns and every of them by these presents In witness c. An Indenture of Settlement Well penn'd THis Indenture made c. Between the Right Honourable C. Lord S. Baron of H. of the first part W. N. of the Inner Temple London Esq The Parties and A. T. of the said Inner Temple London Esq of the second part And the Right Honourable E. Lord G. Baron of D. in the County of A. within the Realm of Ireland and Dame J. his wife D. L. Daughter of her the said Dame I. G. and I. S. of M. in the C. of Y. Esq of the third part Whereas a Marriage shortly hereafter by the grace of God is intended to be had and solemnized between the said
C. L. S. and the said D. L. witnesseth now this present Indenture The Consideration That the said C. Lord S. as well for and in consideration of the said Marriage and of the full Summe of 8000 pound that is to say the Summe of 7000 pound of good and lawfull money of England in hand paid and the Summe of 1000. pound more in Jewels in hand delivered unto him the said L. S. by the said E. Lord G. and Dame I. his wife at and before the ensealing and delivery of these presents whereof the Sum of 2000. Marks in moneys and the said 1000. pounds in Jewels were and was a portion given and left unto her the said D. by the last Will and Testament of Sir I. L. her Father deceased and the residue of the said 8000 pound was and hath been encreased for her by the providence care and great love of the said Dame I. G. her Mother since her said Fathers decease of and with which said Sums of 7000 pound in Money and 1000 pound in Jewels he the said C. Lord S. doth hereby acknowledge the Receipt and himself to be fully satisfied And thereof and of every part and parcel thereof doth for himself his Heirs Executors and Administrators and for every of them fully absolutely and clearly acquit exonerate and discharge the said E. Lord G. and Dame I. his Wife their Heirs Executors and Administrators and every of them for ever by these presents And for and in consideration of a competent Joynture to be had and made unto the said D. in case the said Marriage shall take effect and that she the said D. shall survive and over-live him the said Lord S. and for the better preservation and continuance of all and every the Mannors Lordships Messuages Lands Tenements and Hereditaments hereafter mentioned in the name and blood of the said Lord S. so long as shall please Almighty God also for divers and sundry other good and valuable Considerations him the said Lord S. hereunto especially moving Hath Covenanted promised granted and agreed and by these presents doth for himself his Heirs Executors Administrators and Assigns and for every of them covenant promise grant and agree to and with the said E. Lord G. and I. S. their heirs and assigns A Covenant to levy a Fine and to and with every of them That he the said C. Lord S. shall and will before the end of Michaelmas Term next ensuing the date of these presents before the Justices of our Soveraign L. the King of his Majesties Court of Common-Pleas at Westminster or before some other competent and fit person and persons thereunto lawfully and sufficiently authorized acknowledge and levy one or more Fine or Fines Sur Conusance de droit come ceo c. in due form of Law with Proclamations thereupon to be made according to the Common course of Fines in that case used and the Statute in that behalf made and provided unto them the said W.N. and A.T. and their heirs or the heirs of one of them The Mannors of all those his Mannors Lordships Lands Tenements and Hereditaments called or known by the several names of S. c. scituate lying and being in the County of Es with their and every of their Rights Revenues Members and Appurtenances whatsoever and of all that the Rectory and Church of H. with the Appurtenances thereof whatsoever General Words and of all and singular Messuages Houses Edifices Barns Stables Dove-houses Back-sides Orchards Gardens Lands Tenements Meadows Feedings Pastures Commons Wayes Passages Wast-grounds Heaths Furze Moors Marshes Woods Under-woods Rents Reversions Services Tithes as well great as small and of all other Hereditaments whatsoever scituate lying and being growing arising renewing and increasing within any the Towns Parishes Hamlers Tithings or Fields of S. c. in the said County of E. and in every or any of them or elsewhere to the said Mannors Rectory or other the Premisses or any of them belonging or in any wise appertaining or therewith used and enjoyed by such name and names and under such number of Mannors Messuages Cottages and Acres and in such sort manner and form as by the said E. Lord G. and J. S. their heirs or assigns or by their or any of their Councel learned in the Law shall be reasonably advised devised or required The true intent and meaning of which said Fine and Fines so to be acknowledged and levied of the said premisses between the said parties as aforesaid shall be and so shall be construed meant intended and adjudged to be to and for the use and behoof of the said W. N. and A. T. their heirs and assigns for ever To the only intent and purpose that they the said W. N. and A. T. shall and may stand and be full and perfect Tenements of the Freehold of the said Mannors Lordships and all and singular the premisses and of every part and parcel thereof with the appurtenances untill one or more perfect Common Recovery or Common Recoveries To suffer a Recovery may be had and executed of all and singular the same premisses against them the said W.N. and A.T. and their heirs according to the true intent and meaning of the said Parties to these presents And that they the said W. N. and A. T. from and after the acknowledging and levying of the said Fine or Fines by the said C. Lord S. to them the said W. N. and A. T. in manner and Form as aforesaid shall and will before the end of the said Michaelmas Term next ensuing the date of these presents permit and suffer the said E. Lord G. and I. S. to sue and presecute several Writs of Entry Sur disseisin en le post against them the said W. N. and A. T. of the said Mannors Lordships Lands Tenements Hereditaments and Premisses and of every part and parcel thereof with the Appurtenances by such name and names and under such number of Mannors Messuages Cottages and Acres and in such sort manner and form as by the said E. Lord G. and I.S. and their heirs or by their or any of their Councel learned in the Law shall be advised devised or required into and upon every of which said several Writs of Entry Sur disseisin en le post so to be brought the said W. N. and A.T. shall personally appearâ—â— And then immediately after their appearance defence made shall and will in the said actions vouch to Warranty the said C. Lord S. and he the said Lord S. upon such Vouchee of him to be made shall and will in the said actions so to be brought forthwith Gratis and without Process appear thereunto and enter into Warranty and vouch over to Warranty the Common Vouchee to the end that the Common Vouchee may also appear and enter into Warranty and afterwards make default or depart in despite of the Court so that several perfect Common Recoveries with double vouchers may be had prosecuted and executed in
the tenure of _____ A. under the yearly Rent of Four shillings and of all that other Messuage or Cottage now in the occupation of R. W. under the yearly Rent of Four shillings and of and in all and singular the Reversions and Reversion Remainders and Remainder Rent and Rents of in to or out of all the Lands Tenements Messuages and Hereditaments aforesaid or any of them and of and in any other his profits commodities and advantages whatsoever to the said Lands Tenements and Hereditaments or any of them belonging or in any wise appertaining or had used or occupied in or upon the same to the only proper use and behoof of the said J. F. for and during his natural life without Impeachment of any manner of wast and from and after his decease to the only use and behoof of the said A. during her natural life and from and after her decease to the only proper use and behoof of the said J. Son of the said J. F. the Father for and during his natural life and after his decease to the use and behoof of the said J. F. and the heirs of the body of the said A. by the said J. F. lawfully begotten or to be begotten and for default of such Issue to the use of the right heirs of the said J. F. the Father for ever and it is covenanted granted and fully agreed by these presents by and between the said parties to these presents and every of them their and every of their heirs and assigns That all and every grant Feoffment Fine Recovery and other conveyance assurance assurances and conveyances whatsoever to be had made or executed by the said J. F. his heirs and assigns or any of them within the space of five years next ensuing of or concerning the said Lands Tenements and other the premisses aforesaid or of or concerning any part or parcel thereof at all times hereafter shall be adjudged deemed and taken to be onely to the intents uses and purposes in these presents mentioned and expressed and to no other uses intents or purposes Provided alwayes and it is agreed between the said parties to these presents That it shall and may be lawful to and for the said N. G. J. S. and W. B. or the Survivors of them whereof the said J. F. to be one at all and every time and times and from time to time during the life of the said J. F. at the will and pleasure of such of them four three or two of them which then shall be living whereof the said J. F. to be one by their Deed or Writing indented of all them which then shall be living be it four three or two of them so that the said J. F. be one of them or such of them as shall be parties to the same sealed and subscribed to alter determine diminish change or enlarge any or all the aforesaid use and uses before declared of the premisses or any part thereof the use and estate before limited declared or appointed to the said A. wife of the said J. F. for the term of her life only excepted and by the same or any other such writing indented sealed and subscribed as is aforesaid to limit and appoint give or grant the use or uses of the premisses or any part thereof to the said persons or any of them or to any other person or persons in Fee-simple fee-tail for life lives or years or otherwise and that after such alteration determination enlarging limitation or appointing of any the use or uses aforesaid or of any parcel thereof the use only of such and so much of the premisses whereof any such alteration determination or enlarging of any use or uses aforesaid shall be as is aforesaid had or made shall be and shall be deemed and adjudged to be to such and those person and persons and to such and those use and uses and in such and the same manner and form as by such Writing subscribed and sealed as is aforesaid shall be declared only and to any other or others person and persons use or uses or in any other manner or form any thing in these presents contained to the contrary notwithstanding alwayes saving and preserving the said use and estate before limited and declared to the said A. for the term of her natural life as is aforesaid c. An Assignment of a Bond by way of a Collateral Security KNow all men by these presents That whereas T. M. of the Parish of clendon in the County of Wilts Gent. and W.M. of the Parish of Cheredon in the said C. of Wilts gent. by their Obligation dated the c. stand joyntly and severally bounden unto me H. T. Citizen and Salter of London in the penal Sum of one hundred pounds of good and lawful money of England with condition thereupon endorsed for payment of Fifty and two pounds of like good and lawful money on the c. next ensuing the date of the said Obligation as by the same it doth and may appear Now I the said H. T. for the better security of the like debt for which I have given bond and for other good causes and considerations me hereunto moving do by these presents make constitute ordain and in my stead and place put and authorize D. M. of the Inner-Temple London Gent. my true and lawful Deputy and Attorney irrevocable for me and in my name but to the sole use and behoof of my said Attorney his Executors Administrators and Assigns to ask demand receive and take of them the said T. M. and W. M. or either of them their or either of their Executors Administrators or Assigns the said Sum of Fifty and two pounds and for non-payment thereof giving and by these presents granting unto the said D. M. by the tenor hereof my full whole and absolute power and authority in the execution of the premisses the said T. M. and W. M. or either of them their or either of their Heirs Executors or Administrators in my name or the name of my Executors or Administrators to arrest sue implead imprison and condemn and prosecute in any Court or Courts whatsoever and them or any or either of them out of Prison to release as precisely as the Law will it permit for recovery of the said debt and penalty And upon recovery and receipt thereof to deliver up the said Obligation to be cancelled and finally to do all and every other lawful act whatsoever for recovery o◠the said debt and penalty or any part thereof without yielding any accompt thereof or therefore as to my said Attorney shall seem meet and expedient as fully and effectually as I my self might or could do or cause to be done in or about the premisses And moreover I the said H. T. do by these presents covenant and promise to and with the said D. M. his Executors and Administrators that at the day of the date of these presents I have not done or 〈◊〉 or suffered to be
or either of them shall and will at all times during the space of five years next after the date of these presents if the said Sir G. H. shall so long live at and upon the reasonable request and at the proper costs and charges in the Law of the said Sir G. H. and his assigns make acknowledge and execute to the said Sir G. H. and his assigns all and every such further and other lawful and reasonable act and acts device conveyance and assurance in the Law whatsoever for the better holding and enjoying of the said 50 l. per annum herein before granted according to the true meaning of these presents as by the said Sir G. H. and his assigns or any of them his or their Council learned in the Laws of this Nation shall be in that behalf advised or devised and required so that such person and persons who are to make such further assurance as aforesaid be not therein compelled to travel further than to the City of London and Westminster Which said other assurance so to be had and made as aforesaid shall be and enure and shall be adjudged and taken to be and enure and by the said parties is hereby so declared to the only use and behoof of the said Sir G. H and of his assigns and to none other use or purpose whatsoever In witnesse whereof c. Articles of Agreement for the holding Copy-hold Lands from year to year from the term of c. at a certain Rent c. Articles of Covenants and Agreement bad made and agreed upon the c. day of c. in the c. between R. C. of c. in the County of c. husbandman E. his wife P.C. their son and I. B. of c. in the said C. husbandman of the one part and T.P. of c. in the said C. Yeoman of the other part viz. WHereas the said R.C. by certain Articles of Agreement indented bearing date the c. in the c. year of c. made between the said R.C. and P.C. of the one part and the said I. B. of the other part did for the Considerations therein mentioned covenant promise and grant to and with the said I. B. his Executors and Assigns That he the said I. B. his Executors and Assigns and every of them should have and enjoy from the date of the said Articles from year to year every year for and during the term of Twenty five years then next and immediately following according to the custome of the Mannor of c. all and singular the Lands Meadows Pastures Feedings Commons and Appurtenances belonging to a customary or Copy-hold Tenement with the Back-side Barns Stables and Stalls thereunto belonging and the West-end of the dwelling-house and the Room over-head then in the possession of one S.S. except and alwayes reserved unto the said R. C. and P. C. and every of them their assignee or assigns all the other part of the dwelling-house then in the possession of the said R. C. and P.C. with the Garden and one Cow-Pasture and five acres of Arable Land whereof one acre and hallyeth at a place called the Quarre one acre by the piece in the East-field half an acre in Rudlands in the same Field one acre in the West-Rowden and one acre called Cecelies with free ingress egress and regress thereunto at all times and seasons convenient without the lawful let disturbance or interruption of him the saiâ— J. B. his assign or assigns if they the said R.C. and P.C. or either of them shall happen so long to live and likewise should have and enjoy during the said term limited as aforesaid the uâ— of the Eastern part of the Back-side as it was then divided and appointed all which recited premisses belongeth unto one customary or Copy-hold Tenement with the appurtenances in â— aforesaid parcel of the Mannor of c. abovesaid which the said R. C. then had and enjoyed during his natural life according to the custom of the said Mannor the Remainder whereof after the decease of the said R. being expectant unto the said P. his Son by way of succession according to the said Custom as in and by the said Articles of Agreement amongst other Covenants and agreements therein also contained at large it doth and may appear It is now concluded and agreed by and between the said parties to these presents touching and concerning the premisses in manner and form following that is to say First the said J. B. for himself his Heirs Executors and Administrators and every of them doth covenant promise and grant to and with the said T.P. his Executors and Assigns by these presents That he the said T.P. his Executors and Assigns and every of them for and in consideration of the Sum of 20 l. of lawful money of England to be paid to the said I. B. by the said I. P. in manner and form hereafter expressed shall and lawfully may for and notwithstanding any act or deed that the said I. B. hath done to the contrary have and enjoy from and after the day of the date hereof from year to year every year for and during the term of ten years then next and immediately following according to the custom of the said Mannor of c. all and singular the recited premisses mentioned in the said recited Articles of agreement except as is therein excepted if they the said R. C. and P.C. or either of them so long shall happen to live without the lawful let disturbance or interruption of him the said I.B. his assign or assigns And the said T. P. for himself his Executors Administrators and assigns doth covenant promise and grant to and with the said I. B. his Executors Administrators and Assigns by these presents That he the said T. P. his Executors Administrators and Assigns shall and will well and truly pay or cause to be paid unto the said I. B. his Executors Administrators and Assigns for the Rent of the said premisses for the said Ten years the Sum of 20 l. of lawfull money of England that is to say 10 l. thereof at the Feast day of the Birth of our Lord Christ now next ensuing the date hereof and the other 10 l. residue of the said Sum of 20 l. on the Feast day of the Nativity of St. John the Baptist now next also ensuing the date hereof and that he the said T. P. his Executors or Assigns nor any of them shall sell cut down top lop or shrowd any the Trees or quit-sets growing upon the recited premisses Item The said R. C. and P. C. for themselves and either of them for himself their Executors and Administrators and every of them doth covenant promise and grant to and with the said T.P. his Executors and Assigns by these presents That he the said T.P. his Executors and Assigns and every of them for and in consideration that they the said R. C. and P.C. are indebted unto the said T. P.
by Obligation in the Sum of 10 l. with condition thereunto for payment of 20 l. which Obligation is become forfeited and which is now delivered up to the said R. C. and P.C. at the ensealing and delivery hereof to be cancelled shall and may likewise have and enjoy from and after the date hereof from year to year every year for and during the said term of Ten years then next and immediately following according to the custome of the said Mannor of c. the Milk-house parcel of the said customary or Copy-hold Tenement the Chamber over the Kitchin and also the Barn Stable and all other the Out-houses whatsoever to the said customary or Copyhold Tenement belonging together with the use of the Kitchin and Back-side in common with the said R. C. and P.C. And further That the said T.P. his Executors and Assigns for the consideration aforesaid shall and may likewise have and enjoy during the said term the said recited five acres of Arable Land so excepted and reserved unto the said R. C. and P.C. their assign and assigns amongst other things out of the said recited Articles of agreement as aforesaid so as the said R. C. and P. C. and their assigns shall and may have two acres thereof yearly the one to be sowen to Wheat and the other to Barley The said R. C. and P. C. finding the Seed yearly but to be dunged with the Fold eared and sowen by the said T.P. his Executors and Assigns in as good sort manner and form as the said T. P. drudge ear and sow his own Land and together also with free ingress egress and regress thereunto at all times and seasons convenient without the lawful let disturbance or interruption of the said R. C. and E. his wife and P. C. or any or either of them if they the said R. C. and P. C. or either of them shall happen so long to live And further also That it shall and may be lawfull to and for the said T. P. his Executors and Assigns to have and enjoy all other the premisses herein mentioned according to the Covenant herein made by the said J. B. without any let contradiction or denial of them the said R. C. and E. his wife P. C. or any or either of them Item It is further concluded and agreed That if the said R. C. shall happen to decease before the end of the said Ten years and that the said E. his wife shall be then living whereby the said premisses shall come unto her during her Widowhood according to the custome of the said Mannor of c. that then she the said E. shall and will permit and suffer the said T. P. to hold and enjoy all the said premisses during the remainder of the said ten years that shall be then to come next after the decease of the said R. if she shall so long live and continue a Widow Item It is also concluded and agreed That the said R. C. and P. C. or one of them or their Assigns shall and will satisfie and pay or cause to be paid all Rents Duties and other payments whatsoever hereafter to be due payable or issuing out of the premisses and thereof discharge and acquit the said T. P. his Executors and Assigns during the said term and shall and will also during the said term repair and amend as well all the houses and Buildings in and upon the premisses as also every the Hedges and Fences of the premisses during the said term And the said T.P. for himself his Executors Administrators and Assigns and every of them doth covenant promise and grant to and with the said R.C. and P. C. and either of them their Executors Administrators and Assigns by these presents That it shall and may be lawful notwithstanding these presents to and for the said R. C. and P.C. and their assigns to have and enjoy the Corn and Grain now growing and being in and upon the premisses for this Summer season at times convenient with free ingresse egresse and regresse to cut mow carry away and house the same in the Barn of the customary Tenement and to use the said Barn for the thrashing out of the said Corn and Grain untill the Feast of c. next ensuing Item It is also agreed by and between the said parties to these presents That it shall be lawful to and for the said T.P. his Executors and Assigns in the end of the said term or determination of these presents to have and enjoy the corn and grain that shall be then growing and being in and upon the premisses or any part thereof with free ingresse egresse and regresse to cut mowe carry away and to house the same in the Barn of the said customary Tenement and to use the said Barn for the thrashing out of the said corn and Grain until the Feast of c. then after ensuing Item It is also agreed That the said T. P. his Executors and Assigns shall and will in the end of the said term lay in haine the Meadows and grounds of the premisses the first day of May and so leave the same unto the said J. B. without suffering the same to be eaten with Cattel or spoiled and shall and will spend all the Straw and Fodder in and upon the premisses that shall be yearly made in and upon the premisses and not elsewhere and shall and will also allow unto the said R. C. and P. C. an hundred and half of Reed yearly to be laid upon the houses of the said premisses And for performance of all and singular the Covenants and Agreements aforesaid on the part and behalf of the said R. C. and P. C. or either of them to be performed they the said R. P. and P. C. do bind themselves their Heirs Executors and Administrators unto the said T. P. his Executors and Administrators in the Sum of 80 l. of lawful money of England firmly by these presents In witnesse c. An Obligation and a Condition from a Bayliff and his Sureties to a High-Sheriff Know all men by these presents That we A. B. C. D. E. F. of c. in the County of c. G. H. of _____ in the County of c. and J. K. of c. in the County aforesaid _____ do hold our selves to be firmly bound unto L. M. High-Sheriff of the County of c. aforesaid in c. pounds of good and lawfull money of England To be paid to the said High-Sheriff or to his certain Attorney Executors Administrators or Assigns To which payment well and truly to be made we bind our selves and every one of us by our selves for the whole and in the whole our Heirs and Administrators firmly by these presents sealed with our seales Dated the c. in the year of our Lord c. THe Condition of this Obligation is such That whereas the above-named c. Esq High Sheriff of the County of c. aforesaid hath made assigned constituted
said W. L. should so long live together all those and every the said Lands Meadows Pastures Layes and Hereditaments before mentioned of them the said W. L. and A. his wife lying in S. fields and W. aforesaid or in either or any of them in the said County of Y. except as hereafter is excepted and that in consideration thereof the said W. L. and A. his wife and their Heirs Assigns should have and enjoy for and during the term of sixty years if the said W. L. and A. his wife should so long live together all the arable Lands Layes Meadows Pastures and Hereditaments with the appurtenances containing by estimation two hundred acres be they more or lesse lying and being in the Northfield of S. aforesaid in the said County of Y. as the same was then measured dowled and staked out by M. F. Gent. and I. B. then appointed by the said T. C. only Surveyors of the said Mannor And also all those nine acres of Meadow c. by estimation lying and being in S. aforesaid c. It is now therefore fully concluded and agreed by and between all the said parties to this present Indenture that the same premisses shall be demised and letten in exchange in manner and form hereafter following That is to say The said W. L. and A. now his wife have demised granted and to farm-let in exchange and by these presents do demise grant and to Farm-let in exchange unto the said T. C. all those Exchange their and either of their arable Lands Layes Meadowes Pastures Hadds Flats and Hereditaments with the appurtenances set lying and being within the three several Fields of S. aforesaid called c. or in any of them in the said County of Y. containing by estimation Two hundred acres be there more or lesse now or late in the tenure or occupation of the said W. L. or of his assigns which late were the inheritance of R. B. now deceased and the inheritance whereof after his death descended and came unto I. B. as Son and Heir of the said R. B. Except and out of this present Demise and grant alwayes reserved unto the said W. L. and A. his wife c. as heretofore he or they have usually had and enjoyed for and in respect of all the premisses or as appurtenant to the same To have and to hold the said Arable Lands Layes Meadows Pastures Hadds Flats and Hereditaments and all other the premisses before mentioned to be Demised and granted by the said W. L. and A. now his wife as aforesaid with their and every of their appurtenance except before excepted unto the said T. C. his Executors Administrators and Assigns from the Feast of M. next coming after the date hereof for during and until the full end and term of sixty years thence next c. if the said W. L. and A. now wife of the said W. L. do or shall so long live together yielding and paying therefore yearly during the said term by these presents granted unto the said W. L. and A. his wife and their assigns 1 d. of good c. at the Feast of M. only if it be lawfully demanded In consideration whereof the said T. C. hath Demised granted and to farm-letten in exchange and by these presents doth Demise grant and to farm-let in exchange unto the said W. L. and A. his wife all and every the said Arable Lands Lays Meadows Pastures and Hereditaments with their appurtenances of him the said T. C. containing by estimation Two hundred acres be they more or lesse lying and being in N. field of S. aforesaid as the same is now measured dowled and staked out by the said F. M. and I. B. and also all those nine acres c. in a place there allotted and set out amongst other for the Cottages there as aforesaid To have and to hold all the said Arable Lands Lays Meadows Pastures and Hereditaments and all and singular other the premisses before mentioned to be Demised and granted in exchange by the said T. C. aforesaid with their and every of their appurtenances unto the said W. L. and A. his wife and their assigns c. for during and until the full end and term of sixty years from thence c. if the said W. L. and the said A. now wife of the said W. L. do or shall so long live together yielding and paying c. ut antea And the said W. L. doth by these presents covenant c. in manner and form following that is to say That they the said W. L. and A. now his wife Discharged of former Estates and Incumbrances their Executors Administrators and Assigns or some of them shall or will from time to time and at all times from henceforth for and during the said term of sixty years if the said W. and A. now wife of the said W. L. do or shall so long live together clearly acquit exonerate and discharge or otherwise save and keep harmlesse and indemnified as well the said T. C. his Heirs Executors Administrators and Assigns and every of them as also the said premisses before mentioned to be demised and leased in exchange by the said W. L. and A. his wife to the said T. C. and every part and parcel thereof of and from all and all manner of former and other estates charges incumbrances chief Rents troubles and demands whatsoever had made committed or done by him the said W.L. and A. his wife or either of them or by any other person or persons lawfully claiming by from or under them or either of them whereby or wherewith the same premisses or any part thereof shall or may be charged or incumbred or whereby the said T. C. his Executors Administrators or Assigns shall or may be charged incumbred or damnified of or by reason of the same premisses or any part thereof except before excepted And likewise that he the said T. C. his Heirs Executors Administrators and Assigns shall and may at all times hereafter and from time to time during the said term of sixty years For quiet enjoying if the said W. and A. now wife of the said W. L. do or shall so long live together peaceably and quietly have hold occupy and enjoy all and every the premisses to him the said T. C. Demised and granted in exchange as aforesaid and every part and parcel thereof with the appurtenances except before excepted without any manner of lawful let trouble interruption or disturbance of them the said W. L. and A. his wife or either of them or of any other person or persons lawfully claiming by from or under them or any of them And the said T. C. doth covenant for himself ut W. L. antea mutat mutand And whereas it was intended and meant by and between all the parties to these presents That the said I. B. to whom the right of Inheritance of the premisses mentioned to be Demised to the said T. C. as aforesaid doth belong
and prosecuted against the said T. M. before Sir John Vaughan Knight c. the Kings Majesties Justices of the Court of Common Pleas at Westminstor according to the usual order and form of Recoveries heretofore used the Mannor of L. with the appurtenances and divers other Lands c. lying in the Parishes c. in the County c. at the time of the said Recovery had being the inheritance of the said T. M. other than such Messuages and Lands as the said T. lately purchased of one P.S. by the names of c. Now this Indenture witnesseth That it is covenanred condescended to concluded and agreed between the said parties to these presents in manner and form following That the intent and true meaning of all the said parties now is and at the time of the said Recovery so had and suffered was that the said Recovery should and shall be and enure and construed to be and enure And that the said A. T. and his heirs immediately from and after the said Recovery so had and executed should and shall stand and be seised of the said Mannor and all other the Lands Tenements and Hereditaments with the appurtenances in the said Recovery meant and intended to be comprised to the only uses and intents hereafter by these presents set forth and declared and to none other uses intents or purposes whatsoever That is to say to the use of the said T.M. for the term of his natural life and after his decease then to the use and behoof of the eldest Son of the said T.M. begotten or to be begotten on the Body of M. the intended Wife of the said T. M. and the heirs males of the Body of the said eldest Son and for default of such Issue to the right Heirs of the said T.M. for ever A Proviso for Revocation of uses PRovided alwayes That if the said T. M. party to these presents shall at any time during his natural life intend or be willing to alter change revoke or make void the said Estates Remainders Uses and Limitations before in these presents mentioned or any of them c. and shall by any writing or writings under his hand and seal in the presence of two credible witnesses at the least signifie and declare That his mind and intent is to alter change revoke or make void the Uses c. That then and at all times after such writing and writings shall be so signed and sealed all the said Estates Uses c. before in these presents specified and declared and in the said writing or writings mentioned shall from thenceforth cease determine be revoked and utterly for ever void And that then and at all times after he the said A. T. his Heirs and Assigns and all and every other person and persons whatsoever which shall be then seifed of the said Premisses with their Appurtenances or any part or parcell thereof shall stand and be seised thereof or of so much thereof as shall be mentioned and contained in the said Writing or Writings of Revocation to the onely use and behoof of the said T. M. his Heirs and Assigns for ever or to such other uses intents or purposes as in the said Writing or Writings of Revocation shall be limited appointed and declared and to none other use intent or purpose whatsoever any thing before specified to the contrary in any wise notwithstanding In witness whereof c. An Indenture to lead the uses of a Fine and Recovery had and suffered THis Indenture made c. Between A. M. of c. and J. B G. B. of c. of the one part and R. C. of c. on the other part Whereas the said A. M. being seifed in his Demesne as of Fee of and in certain Messuages Lands Tenements and Hereditaments with the appurtenances scituate lying and being in W. in the County of C. and it having been agreed between the said A. M. and the said R. C. that for a valuable Consideration of money to the said A. to be paid by the said R. the said A. should convey the same to the said R. and his Heirs in such manner as the Councel Learned of the said R. should advise or reqâ—â—â— And whereas by advice of the said Councel Learned of the said â— he in Easter-Term last past before the date hereof in the Court of Common Pleas at Westminster did commence prosecute and bring one Writ of Entry Sur Disseisin in le Post against the said R. C. demanding thereby one Messuage two Gardens c. with the appurtenances in W. aforesaid unto which the said R. did appear and did vouch to Warranty the said A. M. who being then present in Court the said Vouchee in proper person vouched over one L. M. whereby a good and perfect Common Recovery of the said Premisses with double Voucher according to the form of Common Recoveries in such cases used was due in form of Law suffered and executed And whereas the said R. in Easter-Term aforesaid by advice of the Councel of the said R C. did levy and knowledg in due form of Law before his Majesties Justices of his Highnesse said Court of Common Pleas unto the said R. C. and his Heirs one Fine Sur Conusance de droit come ceo c. with Proclamation thereupon had according to the Form of the Statute in that behalf made and Provided as in and by the said Fine and Recovery relation being thereunto had more sully and at large may appear Now This Indenture Witnesseth That the said J. B. G. B. and A. M. and every of them for themselves their Heirs Executors Administrators and Assigns and for every of them do covenant grant declare and agree to and with the said R. C. his Heirs and Assigns and to and with every of them by these presents That the said recited Fine and Recovery and the Recoveror and Recoverors therein named and their Heirs and Assigns and the Heirs of the Survivor of them and all other person and persons which now are or shall be seised of the said recited Premisses and every part and parcell thereof shall thereof stand and be seised to and for the onely use and behoof of the said R. C. his Heirs and Assigns for ever and to and for no other use intent or purpose whatsoever In witness whereof c. Revocations of Uses in former Indentures mentioned according to the power thereby given THis Indenture made c. Between E.S. of S. in the County of M. Esq of the one part and R.H. T.T. J.B. and H.H. of the other part Witnesseth That whereas the said E.S. did heretofore by his Indenture bearing date c. made between him the said E.S. of the one part and J.O. of P. in the said County of L. Esq on the other part Covenant grant and agree to and with the said J.O. his Executors and Administrators That he the said E. and his Heirs in such manner and form as by the said recited Indenture
and Jury upon this Writ is called an Extent And if the Sheriff or Apprisors upon the Extendi facias over-value the Lands or Goods in favour to the debtor the Conusee hath no remedy but by motion in that Court where the Writ is returnable at the Return day or at least the same Term to desire that the Apprisors may take the Lands or Goods at the rate they have valued them in the same manner as the Corusee is to have them And a Sale made of Goods in this case by the Sheriff is as strong as if it were in Market-overt And when the Conusee is in possession of Lands by such an Extent as before then is he Tenant by Statute And after the Conusee is once setled in peace in the Lands extended he shall hold them till he be satisfied his debt and his reasonable costs and damages for travel suit delay and expence See for this Dyer 299. Co. 5.87 F.N.B. 130. Co. on Litt. 290. Co. 2. Part Inst 395 396. The proceedings upon the other kinds of Recognisances are after another manner For upon Recognizances at the Common Law if the money be not paid at the day the Conusee his Executor or Administrator is to bring a Scire facias against the Conusor or if he be dead against his heir when he is of full age or if the Lands the Conusor had at the time of entring into the Recognisance be sold against the Purchasors of them which the Conusor had at any time after the Recognisance entred into to warn them to come into the Court whence the Scire facias issued to shew cause why Execution should not be made upon the said Recognisance and if the party or parties cannot be sound to be warned or being warned do not appear at the time or appearing do not shew cause why the debt should not be levied In this case the Conusee shall have Execution of his moiety by Elegit or if the Conusor be living of all his Goods by Levari or Fieri facias at his Election but he may not have Execution of his Body unless he bring an Action of Debt upon the Recognisance as in this case he may do or it be by the course of the Court as it is in the Kings Bench on a Bayl wherein a Capias doth lye Dyer 315 360 366. The proceedings against the Sureties upon Statutes are to be in the same manner as the proceeding against the Principal And yet where the Principal hath moveables to satisfie the debt the Surety as it seems is not to be charged I will Illustrate this matter in the next place with some few Cases And first 1. Tenant by Elegit upon Judgments and Recognisances is to hold the Land until he be answered his debt without his costs and Mises c. But Tenant by Statute Merchant Statute-Staple or by Recognisance in nature of a Statute-Staple is to hold the Land c. untill he be paid his debt together with his Mises and Costs Co. 2. part Inst 678. 2. In case where Extenders upon Elegit or other Writ of Execution or upon a Recognisance in Court do extend the Land too high they shall not be forced to take it at the rate as the Extenders of Land for Execution upon a Statute-Merchant Staple or Recognisance in nature of a Statute-Staple shall be Bendloes Rep. 15. Co. on Litt. 290. Yelverton 55. 3. If one seised of White-acre Black-acre and Green-acre enter into a Statute or Judgment against him and then he enfeoffeth A. of White-acre and B. of Black-acre and keep Green-acre to himself in this case the Conusee or Plaintiff may have his Execution upon the moiety of green-Green-acre and not meddle with the other two Acres if he please but he may not in such case extend a moiety only in the hands of both the purchasors but he must extend a moiety in the hands of both the purchasors and of all the rest of the Land subject to the Execution for if he leave out any 〈◊〉 it the party grieved thereby will have his remedy and avoid the Execution by Audita Querela for where the Books say each purchaser shall have contribution in that case it is intended that such extent shall be avoided of that part and all the Land shall be extended and equally charged And so it is in this case where Green-acre shall descend to an heir there the Conusee may extend onely the moiety of this Acre in the hand of the heir and not meddle with the two Acres in the hands of the purchasors if he please But where there be two or more Conusors in a Statute c. there the Lands of them all and not of one of them are to be extended Co. 2. part Inst 396. 4. If two persons recover against one in debt severally and he that hath the first Judgment sues an Elegit and hath the moyety of the Land in Execution and then the other sues an Elegit In this case he that last sueth shall have but a moyety of the moyety that is left Cro. 3.482 5. If the Conusee on a Statute or Recognisance in nature of a Statute receive his whole debt by the Land yet may not the Counsor enter but where upon an Elegit he is satisfied there the Conusor may enter on his Land Co. 2. Part. Inst 600. In the last place I will give you the Statutes concerning this matter Westm 2. cap. 46. For all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things enrolled a Writ of Execution shall be within the year so as the parties shall not need to plead c. Stat. de Acton Burnell 11 E. 1. A Debt acknowledged to a Merchant before the Mayor of London York or Bristol or before a Mayor or Clerk appointed by the King thereunto shall be enrolled And if the Debtor fail of his payment at the day the Debtee or his Executors may call for Execution and upon notice thereof to the Mayor and Clerk they shall cause his Chattels and Moveables to be sold as far as the debt doth amount by Apprisement of honest men and the money without delay shall be paid to the Creditor and in case they cannot sell them they shall cause so much of the moveables to be delivered to him as amounts to the debt and the Kings Seale shall be put to the sale and deliverance and if the Debtor have no moveables within the Mayors Jurisdiction then shall the Mayor send the Recognisance unto the Chancellor under the Kings Seal and the Chancellor shall thereupon direct a Writ to the Sheriff in whose Bayliffwick the Moveables of the Debtor be who shall proceed therein as the Mayor might have done if the Moveables had been in his power If the Apprizors set too high a value on the things that are to be sold they shall be compellable to take them at the same prices and shall