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
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
Judge of and concerning all and all manner of Actions Suits Judgments Executions Accounts Reckonings Trespasses Strifes Variance Quarels Controversies and Demands whatsoever had made moved stirred or depending between the said H. D. of the one part and the said O. L. on the other part from the beginning of the world until the day of the date of these presents So alwayes as the said Award c. of me the said Umpire for and concerning the premises be made and put into writing indented under my Hand and Seal on or before the c. as by the said several Obligations and their several Conditions more plainly appeareth Now know ye That I the said T. M. Umpire as aforesaid taking upon me the charge of the said Award and Arbitrement and having heard and viewed the sayings and allegations of either of the said Parties concerning the premises and minding to set an unity and friendship concerning the same do thereupon make and put in writing this award arbitrement determination and judgment between the said Parties for and concerning the premises in manner and form following that is to say First I do award arbitrate determine and judge by these presents That the said H. D. his Executors Administrators and Assigns shall well and truly pay c. That he the said H. D. shall on the c. at the Shop of c. Seal and as his absolute Deed deliver to the said O. L. or to his use a Release Acquittance and Discharge of and for all and all manner of actions suits judgments c. from the beginning of the world c. In witness c. A Lease made in consideration of the Surrender of a former Lease for a longer time with good Covenants THis Indeture made the c. Between I.B. of c. C. D. of c. and J. D. of c. on the one part and T. W. of c. on the other part witnesseth That the said J. B. C. D. and J. D. as well for and in consideration of the Surrender of one former Lease dated the c. made from the said J. B. C. D. and J. D. to H. W. Brother to the said T. W. as also in consideration of the sum of c. to the said J. B. in hand paid before the ensealing and delivery of these presents by the said T. W. the receipt whereof the said J. B. doth hereby acknowledge and thereof and of every part thereof doth acquit and discharge the said T. W. his Executors Administrators and Assigns by these presents have demised granted and to Farm-letten and by these presents do demise grant and to farm-let unto the said T. W. all those two Messuages or Tenements with the appurtenances and three-yard Land to the same belonging scituate lying and being in the Parish of c. late in the several tenures of the said H. W. deceased and of A. P. Widow and now in the Occupation of the said T. W. and the aforesaid A. P. together with the lops tops and shreds of all the hedg-rows and hedges growing in and upon eleven Roods of Land in a Field called Arzons Field and a furlong called B. furlong and also the lop and top of one hedge growing in and upon a Close called K. Close from the Gate by the Lane side and together likewise with Common of Pasture for twelve Kine and one hundred and twenty Sheep in the Commons and Fields of D. aforesaid and all other Fields Pastures Lands Meadows Feedings and Grounds whatsoever with the appurtenances of them the said I. B. C. D. and I. D. which late were in the Occupation of them the said H. W. and A. P. or either of them in D. aforesaid and together also with all Houses Edifices Buildings Barns Stables Orchards Gardens Back-sides Courts Wayes Easements Profits Commodities and Advantages whatsoever to the said two Messuages and other the premises belonging or appertaining except and alwayes reserved out of this Demise and Grant the bodies of all Trees of Oak Ash and Elm now growing or being or which hereafter shall grow and be in and upon the premises or in and upon any part or parcel thereof and also except one Barn called the great Barn and the Yard wherein the same standeth which late were in the the Possession or Occupation of G. B. Habend To have and to hold the said two Messuages Tenements Three-yard Land Houses Buildings Barns Stables Orchards Gardens and all other the premises with their appurtenances before by these presents demised 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. before the date of c. unto the full end and term of c. from thence next ensuing and fully to be compleat and ended if T. W. A. W. party to these presents Reddend G. W. Son of T. W. or any of them shall so long live yielding paying therefore yearly during the said term unto the said I.B. his Heirs and Assigns the sum of c. at two usual Feasts or Terms in the year That is to say at the Feast of To re-enter for non-payment of the Rent c. and at the Feast of c. by even and equal portions and if it shall happen the said yearly Rent of c. to be behind and unpaid in part or in all after either of the said Feasts in any year during the said term in which the same ought to be paid by the space of 28 dayes being lawfully demanded and no sufficient distresse to be had or found in or upon the demised premises That then and at all times afterwards it shall and may be lawful to and for the said I. B. his Heirs and Assigns and every of them into all and singular the said demised premises and every part and parcel thereof wholly to re-enter and the same to have again and enjoy as in his or their former estate and the said T. VV. his Executors and Assigns from thence utterly to expel and put out this Indenture or any thing before specified to the contrary notwithstanding And the said T. VV. party to these presents his Executors Administrators and Assigns shall and will from time to time and at all times hereafter during the continuance of this present Lease at his and their proper Costs and Charges well and sufficiently repair uphold sustain maintain and keep the said Messuages or Tenements and all the demised premises in good and sufficient reparations and the same so being well and sufficiently repaired upholden and kept in the end of the said term or other sooner determination of this Lease shall leave and yield up unto the said I. B. his Heirs or Assigns the said T. VV. from time to time having and taken by the assignment and appointment of the said I. B. his Heirs or Assigns sufficient Timber upon the said demised premises for the reparations of the same if any such Timber be
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
survive and afterwards to inter-marry with any person or persons whatsoever that then from and immediately after the said Marriage as for and concerning one full fifth part in five parts to be divided of all and singular the said Messuages Lands Tenements and Hereditaments with the Appurtenances before hereby specified to be limited and appointed to and for the Joynture of the said F. aforesaid that the Use and Uses Estate and Estates thereof limited to the said F. shall cease determine and be utterly void and that from thenceforth they the said A. B. J. P. and J. G. and the Survivor and Survivors of them his and their Heirs and Assigns shall stand and be seized of the full fifth part of the said Messuages Lands and Premises from and immediately after the inter-marriage of the said F. to the use and behoof of the said Son of V. W. on the Body of the said F. begotten for and during the term of the natural life of the said F. for her maintenance any thing herein contained to the contrary in any wise notwithstanding Provided also and upon this condition and so it is covenanted granted declared and agreed by and between all and every of the said Parties to these presents and their Heirs and Assigns respectively and it is the true intent and meaning of these presents That it shall and may be lawful to and for the said V. W. at any time hereafter during his natural life from time to time by one or more Indenture or Indentures under his Hand and Seal to lease demise set and to farm-let all and every or any of the said Mannors Messuages Lands Tenements Hereditaments and Premises with the Appurtenances which have been usually set and to farm-letten unto any person or persons whatsoever for the term of three Lives or for any number of years determinable upon one two or three Lives or for the term of One and twenty years or over or under in Possession and not in Reversion so as upon every such Lease and Demise the ancient and accustomed Rent or more or the Rent or the Rents now payable or paid or more over and besides Duties Heriots and Services due and accustomed be thereupon reserved and so as such Rents Duties Heriots and Services upon such Lease and Leases severally reserved shall and may be and continue due and payable unto him her or them respectively and successively unto whom the Reversion and Reversions and Remainder thereof is hereby limited and appointed as aforesaid Provided also and upon this further â—ondition and so it is covenanted and agreed by and between all and every the Parties to these presents That if at any time from and after the death of the said V. W. the said G. W. Son and Heir of the said V. W. or such other person or persons as shall be Heirs at Law of the said V. W. shall and do well and truly satisfie and pay or cause to be satisfied and paid unto the said A. B. J. P. and J. G. and to the Survivor or Survivors of them his and their Heirs Executors Administrators and Assigns if H. A. Son of the said F. be then living the sum of four thousand and five hundred pounds of current c. And if the said H. A. be dead the sum of five thousand pounds of like current money at or in the c. To the end that thereby the said A. B. J. P. and J. G. their Heirs Executors Administrators and Assigns may be thereby enabled to purchase Lands and Tenements of the value of c. or may employ and dispose of the same for the use benefit and advantage of the Issue of the Body of the said F. lawfully begotten or to be begotten or if the said V. W. or the said Heir at Law as aforesaid or any of them shall at their own proper costs and charges settle convey and assure or cause and procure to be conveyed and assured other Lands Tenements and Hereditaments which shall be of the clear yearly value of Two hundred and fifty pounds per annum above all Charges and Reprizes unto the said A. B. J. P. and J. G. their Heirs and Assigns and to the Survivor and Survivors of them his and their Heirs Executors Administrators and Assigns to the like several uses intents and purposes and upon the like trusts and confidences and under the like Conditions Provisoes Powers and Limitations as are hereby formerly limited and appointed excepting onely the said Messuage Lands and Tenements herein and hereby limited to and for the Joynture of the said F. that then and immediately from and after such payment or settlement as aforesaid the several Uses and Estates herein and hereby limited other than the Estate for life limited to the said F. as aforesaid of for or concerning the said Land and Premises for the use and benefit of the Issue of the Body of the said V. W. on the Body of the said F. lawfully begotten or to be begotten and every of them shall cease determine and be utterly void And the said V. W. for himself his Executors Administrators and Assigns doth covenant grant and agree to and with the said A. B. J. P. and J. G. their Heirs and Assigns and to and with every of them by these presents That for or notwithstanding any act or thing whatsoever heretofore done or suffered by the said V. W. his Heirs or Assigns or hereafter by him them or any of therâ— to be done or suffered to the contrary the said V. W. now is and so at the time when the first Estate of the said Mannor Advowson Messuages Lands Tenements and Premises and every part and parcel thereof shall be conveyed and assured to the said A. B. J. P. and J. G. their Heirs and Assigns to the uses aforesaid shall stand and be seized thereof of a good perfect absolute and indefeazible Estate of Inheritance in Fee-simple or Fee-tail without any Reversion or Remainder in the Crown or without any Covenant or use to alter change or determine the same And also that he the said V. W. for and notwithstanding any act or thing whatsoever heretofore done or suffered to the contrary as aforesaid hath and so at the time of the Execution of the said first Estate of the said Mannor Advowson Messuages Lands Tenements and Premises and every part and parcel thereof with their and every of their appurtenances to the said A. B. J P. and J. G. their Heirs and Assigns shall have full power good right and lawful authority to grant convey and assure the said Mannors Messuages Lands Advowsons Tenements and Premises with their and every of their appurtenances to the said A. B. J. P. and J. G. their Heirs and Assigns to the uses intents and purposes aforesaid according to the true intent and meaning of these presents And the said V. W. for himself his Heirs Executors Administrators and Assigns and every of them doth covenant promise grant and agree to and with the
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-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
conveying of Hesters third part to J. F. and his Heirs suffer a recovery and by this Deed together with the Tenants of the Free-bold and the Recoverors direct the use of the same Recovery THis Indenture Tripartite c. Between Sam. N. c. and Hest his Wife one of the Daughters and Co-heirs of W. K. late of c. deceased of the first part J. F. the younger of c. of the second part and T. Y. of c. and N. L. and B. T. of the third part witnesseth That whereas the said S. N. and Hester his Wife in the right of the said Hester were at the beginning of the Term of St. Michael now last past and before seized in Fee-rail with divers remainders over of and in one full third part the whole into three equal parts to be divided of all that Tenement c. containing by estimation one Yard-land with the appurtenances set lying and being in Dundry aforesaid in the said County of Somerset and of and in all Houses Edifices Buildings Barns Stables Orchards Gardens Backsides Lands Tenements Meadows Leasows Pastures Commons Common of Pasture Woods Under-woods Profits Commodities Emoluments and Hereditaments whatsoever to the said Messuage and Premises or any of them or to any part and parcel of them belonging or in any wise appertaining and whereas the said S. N. and H. his Wife being so seized as aforesaid since the beginning of the said last Term of Saint Michael did for and in consideration of the sum of 100 l. of c. to them by the said J. F. before the ensealing and delivery hereof well and truly paid and satisfied whereof they do hereby acknowledge the receipt and thereof and of every part and parcel thereof do clearly acquit and discharge the said J. F. his Heirs Executors and Administrators by these presents conclude and agree to and with the said J. F. to convey and assure to the said J. F. his Heirs and Assigns for ever to the only and proper use and behoof of him the said J. F. his Heirs and Assigns for evermore the one full third part of all and singular the Tenement Cottages Lands and Premises before in these presents mentioned or expressed and of all and singular other the Messuages Lands Tenements and Hereditaments whatsoever within the Parish of Dundry and Chiew aforesaid or either of them whereof the said William King the younger Father of the said Hester in his life-time and at the time of his death was seized of an Estate of Inheritance by such wayes means and assurance in the Law as by the Council of the said J. H. should be advised and thought meet and whereas it was advised and thought meet by the Council of the said I. F. and concluded and agreed by and between the said Parties to these presents that a common recovery with double Voucher should be suffered and executed of the said third part by the said S. M. and H. his Wife of the Messuages Tenements Cottage Land and Premises before in these presents mentioned or expressed for the cutting off the said intail and barring all remainders and for the assuring and setling of the Inheritance of the same third part to and on the said I. F. his Heirs and Assigns for ever in pursuance of which said advice conclusion and agreement they the said S. N. and Hester his Wife by their Deed indented bearing date the first day of this instant Moneth of November and inrolled in the High Court of Chancery the nineteenth day of the same Moneth made between them the said S. N. and Hester of the one part and the said T. Y. of the other part have granted bargained and sold to the said T. Y. and his Heirs one full third part the whole in three equal parts to be divided of all and singular the Tenement Cottage Lands and Premises before in these presents mentioned or expressed and of all and singular other the Lands Tenements and Hereditaments whatsoever within the Parishes of Dundry and Chiew aforesaid or either of them whereof the said W. King the younger Father of the said Hester in his life-time and at the time of his death was seized of an Estate of Inheritance and the Rents Reversions and Services thereof to be had and holden to the said T. Y. perfect Tenant of the Free-hold of the premises that a good perfect and common recovery with double Voucher might thereof be had and executed in pursuance of and according to the said conclusion and agreement and whereas afterwards in the same Term of St. Michael according to the conclusion and agreement aforesaid the said N. L. and B. T. did pursue out of the said Court of Chancery one Writ of Entry sur disseisin en le post returnable before the Justices of the Court of Common-Pleas at Westminster whereby the said N. L. and Ben. T. demanded against the said T. Y. the said part of the Messuage Tenement Cottage Lands and things herein before mentioned or expressed and by the said conclusion and agreement meant or agreed to be assured or conveyed to the said J. F. and his Heirs as aforesaid by the names of the third part of two Messuages of thirty acres of Land of ten acres of Meadow of thirty acres of Pasture of three acres of Wood and Common of Pasture with the appurtenances in Dundry and Chiew in the County of Somerset to which Writ the said T. Y. appeared in person and after declarations against him by the said N. L. and B. T. he the said T. Y. appeared in person at the Bar of the said Court and vouched to warranty the said S. N. and H. his wife who likewise appeared in person and did enter in the warranty and afterwards vouched over the common Vouchee who did likewise appear in person and after declaration against him made defence and afterwards made default whereby several Judgments were had according to the course of common recoveries used in the said Court of Common-Pleas witnesseth now further this present Indenture and it is hereby explained declared and expressed that the true intent and meaning of all the said Parties to these presents before and at the time of the suffering the said recovery was and ever since hath been and yet is that the said recovery and the whole execution thereof should and for ever hereafter shall be and enure and the said recoveries and their Heirs shall for ever hereafter stand and be seized of and in the said third part of the said Tenement Cottage Lands and Premises before-mentioned with the appurtenances to and for the only proper use and behoof of him the said J.F. and of his heirs and assignes for ever and to or for none other use intent or purpose whatsoever for that end purpose according to the advice of the Council and the conclusion and agreement aforesaid the said S. N. and H. his wife for them and their Heirs and every of them do and either of them doth by these
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
or Indentures such or so much of the said Mannors Lands Tenements Hereditaments and Premises whereof he shall be then so seized in possession of such Estate as aforesaid or any part thereof chargeable and charged nevertheless with the liberties and powers herein contained and with the terms and estates hereof thereby or in pursuance thereof made or raised unto any person or persons whatsoever in possession for any number of years not exceeding the number of Twenty one years from the making thereof in possession or for the term of three lives or for any fewer number of years or lives or for any number of years determinable on three lives or any fewer number of lives in possession so as upon every such Demise Lease or Grant so to be made as aforesaid there be reserved respectively such Rents and Services as at any time within the space of Seven years last past before the date of these presents have been reserved for the same or more or greater Rent payable for the same during the continuance of every such several or respective Demise or Lease so to be made as aforesaid to such person or persons as by force of these presents shall or ought to have the immediate Reversion or Remainder thereof and that immediately from and after every or any such time as any such several and respective Demise Lease or Grant shall be made as aforesaid the recovery and recoveries and every of them shall be and enure and shall be taken to be and enure and the said Recoverer and Recoverers in the said Recovery named and every of them their and every of their Heirs and all and every other person or persons which at any time hereafter shall be seized of such parts and parcels of the premises as shall be demised or leased as aforesaid shall stand and be seized thereof and of every part thereof to the use and behoof of such several and respective person and persons to whom any such Demise or Lease shall be so made as aforesaid their several and respective Executors Administrators and Assigns to such several and respective estate and estates term and terms and such manner and form as in such several and respective Demises or Leases to be made as aforesaid shall be mentioned and expressed subject to the Rents Covenants Conditions Provisoes and Agreements as therein shall be severally and respectively contained and expressed and of the Reversion and Reversions Remainder and Remainders thereof to the use of such person or persons as by force of these presents shall or ought to have the immediate Reversion or Remainders thereof any thing c. Provided alwayes and it is c. and the true intent c. is that it shall and may be lawful to and for the said Richard Herbert party to these presents at any time or times after the decease of the said Edward Lord Herbert during his natural life by Indenture Deed or Writing to be by him the said Richard Herbert party to these presents sealed and subscribed in the presence of two or more credible Witnesses to make any Lease or Leases Demises or Grants of all or any part of the said Mannors Lands Tenements and Premises with their appurtenances as well those within this Realm of England and the Principality of Wales as those within the said Kingdom of Ireland except such of the Mannors Lands Tenements and Premises in the said County of Monmouth as shall be limited to or for the Joynture of such wife or wives as the said Edward Lord Herbert shall hereafter marry for and during the life or lives of such Wife or Wives only for the term of 21 years or under or for one two three or more lives or for any number or term of years determinable upon one two three or more lives in possession or reversion or otherwise with reservation of Rent or without reservation of Rent at his and their will and pleasure unto any person or persons subject nevertheless to the use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert his Heirs and Assigns in manner aforesaid upon trust for the raising of the several portions herein after mentioned for such Daughter and Daughters as the said Richard Herbert Son of the said Edward Lord Herbert shall happen to have and not otherwise Provided that is to say if one Daughter only then for the raising of 3000 l. for that Daughter if more than one Daughter then for the raising of 2000 l. apiece for each and every one of the said Daughters and that all or every such Lease or Leases Demises or Grants so to be made as aforesaid shall stand and be good and effectual in the Law to all intents and purposes and that the said Recovery and Recoveries so as aforesaid or in any other sort to be had and suffered and the Recoverer and Recoverers therein named his and their Heirs shall stand and be seized of and in such part and so much of the Mannors Messuages Lands and Premises with the appurtenances as shall be so demised or leased as aforesaid and every part thereof except as is before excepted to the use of such person and persons his and their Executors Administrators and Assigns to whom such Demises Leases or Grants shall be so made as aforesaid for and during such Leases Estates and Terms as shall be so demised and granted as aforesaid subject nevertheless to the said use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert his Heirs and Assigns in manner aforesaid Provided also and it is c. and the true intent c. that it shall and may be lawful to and for the said Richard Herbert party to these presents from time to time and at all times during his natural life by any his Deed or Deeds Writing or Writings indented or poll to be by him the said Richard Herbert party to these presents signed sealed and delivered in the presence of two or more credible Witnesses to revoke annihilate frustrate and make void all or any of the use or uses estate or estates or limitations herein before limited declared and appointed of for or concerning any three Plough-lands of the premises in the Kingdome of Ireland not exceeding in the whole the clear yearly value of 150 l. per annum over and above all Charges and Reprizes other than the use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert and his Heirs in the manner aforesaid and other than the use herein before limited to the said Edward Lord Herbert for his life and that then and from thenceforth the use and uses estate and estates and limitations herein before declared limited or appointed of for or concerning such of the last mentioned premises for or concerning which any such nomination shall so be had or made other than the uses herein before limited to the said Edward Lord Herbert and Edward Son of the said
Edward Lord Herbert and his Heirs in the manner aforesaid shall cease determine and be utterly revoked frustrate and made void and then also it shall and may be lawful to and for the said Richard Herbert party to these presents by the same Deed or Deeds or by any other Deed or Deeds to be signed sealed and delivered by him the said Richard Herbert as aforesaid to declare limit or appoint any other new use or uses estate or estates whatsoever of the said premises of for or concerning which any such revocation shall be so made or any part or parcel thereof unto any person or persons whatsoever subject nevertheless to the said use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert and his Heirs in the manner aforesaid any thing in these presents contained to the contrary thereof in any wise notwithstanding and that then also and from thenceforth the said recovery and recoveries as to such of the premises concerning which any such revocation and new declaration shall be so made to such uses intents and purposes as the said Richard Herbert party to these presents by any such Deed or Deeds as aforesaid shall declare limit or appoint Provided also and it is c. that if the said Edward Lord Herbert and Richard his Son shall both of them be minded to make sale of the Mannors Lands Tenements and Hereditaments within the County of Monmouth or any of them other than such as herein are before limited to the said use of the said Richard Herbert party to these presents and his Heirs in possession which Sales is not meant or intended by any of the parties to these presents to be made but for raising of money to be imployed and bestowed upon the purchase of some other Lands of as good value or in some other place or places to be setled and estated to the same uses and estates and with the same powers and provisoes and in the sort and manner as those Lands so to be sold are hereby limited and mentioned to be setled and estated and being both so minded shall at any time during their Joynt-lives by any Deed or Deeds Writing or Writings to be by him the said Edward Lord Herbert and Richard Herbert his Son party to these presents sealed and subscribed in the presence of two c. declare and publish their mind intent and meaning to be to revoke alter and frustrate the said uses and estate before in these presents mentioned declared limited or appointed or any of them or for or concerning the said last mentioned Mannors and Premises or any of them or any part or parcel thereof or any of them that then from and after such Declaration or Publication so to be made as aforesaid the same use and uses estate and estates in and by these presents limited expressed declared or appointed of for or concerning the which any such declaration or limitation shall be made as aforesaid shall cease and become utterly void frustrate and of none effect to all intents constructions and purposes whatsoever and that then and from thenceforth the said recovery and recoveries so as aforesaid or in any other sort to be had and suffered 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 Lands and Premises last mentioned or so much or such part thereof concerning which any such Declaration or Publication shall be made as aforesaid to such uses intents trusts and purposes as the said Edward Lord Herbert and Richard party to these presents by any Deed or Deeds c. sealed and subscribed in the presence of two c. shall declare limit or appoint And it is further c. for the considerations aforesaid that in case any of the said Mannors intended to be comprized in the said Fine or Fines Recovery and Recoveries shall be omitted or left out and not be comprized in the said Fine or Fines Recovery or Recoveries or in case there shall happen to be any defect in the assurance of the premises or any of them according to the true c. that they the said Edward Lord Herbert and Richard Herbert party to these presents their Heirs and Assigns and all and every other person and persons which now are or hereafter shall be seized of and in such of the said Mannors c. as shall be so omitted or left out and not to be comprized as aforesaid or whereof such Fine or Fines Recovery or Recoveries shall not be levied and had or whereof the assurance hereby intended to be made shall be any way defective shall stand and be seized thereof and every part and parcel thereof with their and every of their appurtenances and the reversions thereof to and for the several and respective estate and estates thereof herein before severally and respectively limited unto them or any of them as aforesaid under the several Provisoes herein before mentioned and to none other uses intents and purposes In witness c. J. W. being seized of a Mannor and other Lands conceiving he should die without Issue and intending to settle the same to good uses by Deed granteth and conveyeth the same to A. B. C. c. in trust to the use of himself for life and after of Rachel his wife for life the remainder to the Heirs of his Body and in default of such Heirs to grant the same as he should by Will or other writing limit or appoint c. with several Provisoes c. THis Indenture made c. between J. W. of c. of the one part and A. B. C. D. c. of the other part witnesseth That the said J. W. for and in consideration of the better confirmation and strengthening of a Joynture already made and granted to R. his now wife and for her better maintenance and livelihood in time to come and for the natural love and affection which he the said J. W. beareth to the Heirs of his body begotten and to be begotten and for setling and establishing of the Inheritance of the Lands and Tenements hereafter mentioned to and in the said A. B. C. D. c. and their Heirs to the uses intents and purposes hereafter specified Hath given granted enfeoffed and confirmed and by c. unto the said A. B. C. D. c. their Heirs and Assigns for ever all that the Mannors Capital Messuages and Farm of B. in c. with the rights members and appurtenances thereof and all that the Advowson Patronage and Gift of the Parish-Church of B. and all and all manner of Houses Edifices Dove-houses c. and all those Thirteen Messuages or Tenements c. and all Shops Cellars Sollers c. and all other the Messuages Lands Tenements Reversions Services and Hereditaments whatsoever which he the said J. W. standeth seized of any Estate of Inheritance within the Counties of c. aforesaid or else-where within the
Survivor of them shall take receive levy possesse use and enjoy the Rents Issues Profits Revenues Commodities and Emoluments of all and singular the said Lordships Mannors Lands Tenements and Hereditaments and other the Premisses with the Appurtenances and the same employ during such minority or minorities as is aforesaid for and towards the performance payment and satisfaction of all the Legacies and Bequests of money Annuities for years and Debts of the said V. to be mentioned in the Testament and last Will of the said V. according to the tenor purport and true meaning of the said V. in his said Testament and last Will to be declared and to the use and intent that the said Feoffees and the Survivor and Survivors of them and their Heirs shall with the Profits Revenues Commodities Issues and Emoluments coming growing and arising of and in all and singular the said Lordships Mannors Lands Tenements and Hereditaments bestow disburse and expend from time to time the competent and necessary Charges in the Law and otherwise for the defence and maintenance of the possession and title of all and singular the Premisses and every or any part thereof and for the Reparation and defence of the Buildings Edifices Houses and Sea-walls in and upon the Premisses or any part thereof from time to time necessary meet and convenient to be disbursed and expended untill such time as the said Legacies debts and bequests of the said V. to be mentioned in his Testament shall be performed and untill some heir of the said V. shall have accomplished the full age of 21 years and after satisfaction of the said Legacies debts and Annuities and for the surplusage that shall surmount the same Debts Legacies and Annuities and other the charges aforesaid satisfied to the use and intent that the said A. L G. c. shall imploy and suffer the Premisses and surplusage thereof to go remain and come to the use profit and benefit of the heirs of the said V. And after the heirs of the said V. shall accomplish the full age of c. that then the said A. L G. c. and their heirs shall stand and be seized of and in all and singular the said Mannors c. to the use of the said R. D. and the heirs males of his body lawfully begotten and for default of such heirs males of the said R.D. lawfully begotten to the use and behoof of the said W. D. second Son of the said V. and the heirs males of his body lawfully begotten and for default of such heirs males of the body of the said W. D. lawfully begotten and to be begotten to the use and behoof of the heirs males of the said V. lawfully begotten and for default of such heir to the use of the heirs of the body of the said V. and for default of such issue to the use of the right heir of the said R. for ever Provided alwayes and it is the true meaning use and intent of these presents That if the said V. at any time hereafter during his life-time shall demise grant or lease the said Mannors Lands Tenements and Hereditaments aforesaid and other the Premisses by these presents granted or assured or any part or parcel thereof by his deed indented under his seal and with subscription of his name with his own proper hand for term of any year or years life or lives that then and immediately from after every such lease demise or grant or such leases demises or grants so to be made by the said V. the said A. L. G. c. and their heirs shall stand and be seized of and in the said Mannor c. so to be leased or granted To the use and behoof of the same Lessees or Grantees and every of them and of their several executors administrators and Assigns during the terms and space mentioned in the said several leases grants and demises so to be made according to the tenour form and effect of the same lease grant or demise leases grants or demises so that the yearly Rent or Rents mentioned or reserved by the said V. in such Lease Demise or Grant Leases Demises or Grants be yearly paid to the said V. during his natural life and after his decease to such person or persons as by the proper and true meaning of these presents ought to have the Reversion or Remainder Reversions or Remainders of the Lands Tenements or Hereditaments so to be leased or granted within the space of Twenty dayes next after reasonable request to be made for the payment thereof And so that the same Lessees or Grantees their Executors Administrators and Assigns do well and truly perform the conditions to be comprized in the Indenture or Indentures of their said several Demises or Grants according to the effect and true meaning of the same Indenture or Indentures And that the said A. L. G. c. shall stand and be seized of the Reversion and Remainder the Reversions and Remainders of the Mannors Lands Tenements and Hereditaments so to be sealed or granted and after the determination thereof Then also of the same Mannors Lands Tenements or Hereditaments so to be leased or granted to such uses and intents as they the said L G. c. should have stood or been thereof seized by the purport and true meaning of these presents if any such Lease or Grant had been thereof made and that of and for such estate and estates in such order and degree with the same Remainders and in such manner and form to all intents and purposes as they should have stood or been thereof seized by the purport and true meaning of these presents if no such Lease or Grant had been thereof had or made here followeth a Letter of Atturney for Livery of Seizin to the Feoffees c. and then a Proviso That if the said V. by his writing signed and sealed in the presence of 3 witnesses shall repeal frustrate and determine or declare to be determined all or any the uses aforesaid of or from the premisses or any part thereof that then and from thenceforth the said uses so to be determined or declared to be repealed for all such Lands and the uses thereof so to de declared determined shall be void and of none effect and that then the Feoffees shall thereof stand seized to the use and behalf of the said V. and his Heirs Then followeth a Covenant on the said V. S. part That if the estate of the premisses be not effectually conveyed him by force of from this Grant to the said Feoffees to the uses before-specified on this side the last day of c. next coming that then and from thenceforth the said V. and his heirs and all others to be seized of the premisses so not sufficiently conveyed shall be thereof seized to the uses above-specified and to such uses and with such Remainder as the said Feoffees or the Survivor of them should have stood seized thereof by the purport of
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
without Impeachment of any manner of wast And from and after their decease and of the Survivor of them the Remainder thereof to the use of the said E. Lord H. Son and Heir apparent of the said E. for and during the term of his natural life And from and after his decease the Remainder thereof to the heirs males of the body of the said E. Lord H. to be begotten on the said E. D. his intended Wife and in default of such heirs males then to the use of the heirs of the body of the said E. Lord H. to be begotten on the body of the said E. D. the Remainder thereof to the right heirs of the said C. and to none other use intent or purpose Provided alwayes Provise to make Leases and the true intent and meaning of all the parties to these presents is and was at the time of levying the said Fine That it shall and may be lawful to and for the said E. and C. during their joynt lives and for the Survivor of them at all times and from time to time to make any lease or leases of all or any of the said Mannor and Premisses or any part or parcel thereof to any person or persons for 21 years in possession or under or for three lives in possession or under and not otherwise or in other manner so as upon every such Lease so to be made the usual and old accustomed Rent or more be reserved and appointed to be payable yearly during the said term or terms to such person or persons as by force of these presents or of the said Fine or recited Indencure or any of them shall or ought after the decease of the said E. and C. to have the immediate Reversion or Remainder thereof In witnesse whereof c. A Declaration of the use of a Fine and Recovery THis Indenture made c. between the Right Honourable T. L. W. on the one part and the Right Honourable W. L. P. Sir N. F. and T. A. on the other part VVhereas The recital of the Fine and Recovery c. reciting a Fine and Recovery suffered in the Term of c. of these Mannors c. by the name or names of c. Now this Indenture witnesseth That the true intent and meaning of the said L. Lord W. and of the said Recoveror and of all the parties to the said Recovery and every of them and to these presents before and at the several and respective times of the suffering of the said Recovery for touching and concerning the said Mannors Lands Tenements Hereditaments and premisses and every of them The intent of the Parties at the execution of such Fine and Recovery whereof the said Recovery was suffered and had alwayes was and now is That the said Recovery should and shall be and enure and be construed adjudged deemed and taken to be and enure and that the said Recoverors and every of them and all the parties to the same and the party-takers thereby and their heirs and all and every other person or persons and his and their heirs who then were or now are or hereafter shall be seized of the said Mannors Lands Tenements Hereditaments and premisses or of any part thereof or any of them should and shall stand and be seized of the same Mannors Lands Tenements Hereditaments and premisses and every parcel thereof with the appurtenances to the uses purposes and intents and under the Provisions Conditions and Limitations hereafter in these presents expressed specified limited and declared and to no other use intent or purpose And the said T. Lord W. doth hereby limit The Uses express declare and appoint that all the same Mannors Lands Tenements Hereditaments and premisses shall be and remain to the several uses purposes and intents hereafter in these presents expressed that is to say to the use and behoof of the said T. Lord W. and his Assigns for and during the term of his natural life without Impeachment of or for any manner of waste and from and afteâ— the decease of the said T. Lord W. then to the use of the said W. Lord P. Sir N. F. and T. V. their Heirs and Assigns for everâ— for and to this intent and purpose that they the said c. and the heirs and the Survivor and Survivors of them aâ— his and their heirs For payment of Debts shall and will bargain sell oâ— otherwise dispose of the same for and towards tâ— payment satisfaction and discharge of such Deâ—â— and Sums of money as the said T. Lord W. doth now owe 〈◊〉 which he shall owe at the time of his death to any person or persons and for the discharging of such person and persons as do noâ— stand or which at the time of the death of the said T. Lord W. shalâ— stand bound or engaged for or with the said T. Lord W. for the samâ— debts or sums of money or any of them and also for the satisfaction payment discharge of all such sum or sums which the said T. Lord W. hath or hereafter shall take up borrow or receive for 〈◊〉 consideration of which he hath heretofore granted or hereafter shall grant any Annuity or Annuities Rent or Rents-charge issuing or to be issuing or payable out of the same Mannors Lands Tenements Hereditaments and premisses or any of them or out of any of the Mannors Lands Tenements or Hereditaments of the said T. Lord W. in the Territories of England whereby the same Rent or Rents-charge shall and may be determined And also for and towards the payment and discharge of the Funeral charges and expences of the said T. Lord W. and of the Legacies and bequests which the said T. And Legacies Lord W. by his last Will and Testament in writing to be sealed subscribed and published by him before three sufficient witnesses shall give and bequeath to any person or persons or to any use or uses or so much of such sum and summes of money debts Funeral expences and Legacies as the value of the said Mannors Lands and Tenements to be sold as aforesaid shall amount unto The disposal of the over-plus And that if any over-plus shall be of the value of the same Mannors Lands Tenements Hereditaments and premisses more than shall be or will be sufficient to satisfie and discharge all the same debts sums of money funeral charges Legacies and bequests that then the said c. their Heirs Executors or Administrators shall and will pay and deliver the same over-plus which shall remain of the Sale or value of the said Mannors Lands Tenements Hereditaments and premisses unto such person or persons to whom the said Lord W. shall by his last Will in writing in presence of two witnesses at least appoint the said Lands and premisses to come after his death And further upon this trust and confidence reposed in the said c. and their heirs that if the said person to whom the premisses
and 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
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
limit ordain or appoint And from and after the end expiration surrender or other determination of the said term or terms of _____ years as they shall severally end and determine then to the use and behoof of such person and persons and for such estate and estates and for such part and parcel as the said T. Lord W. shall by his last Will in writing in presence of two credible witnesses or more appoint limit or declare Provided alwayes and the true intent and meaning of the said T. Lord W. and of all the parties to the said Recovery and Fine and of the parties to these presents and every of them before and at the several and respective times of the suffering of the said Recovery and the acknowledging and levying of the said Fine was and yet is and is hereby so expressed published and declared that notwithstanding any thing herein before contained it shall and may be lawful to and for the said T. Lord W. from time to time Power to make Leases and at all times for and during his natural life at his will and pleasure either by act or acts in writing under his hand and seal to be sealed and signed before two or more witnesses of credit and executed in his life-time or by his last Will and Testament in writing by him to be sealed subscribed and published before two or more such witnesses to give grant or make any lease or leases for life lives or years of all or any of the said Mannors Lands Tenements Hereditaments and Premisses or any of them other than during the life of the said Lady K. of the said chief Mansion-house called H. house and so much of the Demesnes Lands Tenements and premisses next adjoyning to the said Chief Mansion-house as shall amount to the clear yearly value of one hundred fifty pounds over and above all charges and Reprizes Or to charge the premisses to secure moneys to be hereafter borrowed Upon which lease or leases the accustomed or greatest yearly Rent or value heretofore paid for the said premisses or more shall be reserved or to charge the same premisses or any parcel thereof except before excepted and for the time aforesaid with any Rent or Rents Annuity or Annuities Recognizance or Recognizances in the nature of the Statute-Staple or Merchant or by or with any other Recognizance or Recognizances Judgment or Judgements of what nature soever for the assurance of payment of any Sum or Sums of money which he the said T. Lord W. either hath taken up or borrowed or shall hereafter receive take borrow or contract for of or with any person or persons for or to his use or otherwise or for the securing of any person or persons who now is or are or stand or that at any time hereafter shall stand or become bound for him the said T. Lord W. or otherwise at his free-will and pleasure and that the said Recovery Fine and Fines and other Acts and Assurances shall be and enure and the said Recoverors and parties to the foresaid Recovery and the Cognizees and parties to the said Fine and the parties takers thereby and their heirs and all and every other person or persons who now are or stand or hereafter shall be or stand seized of the said Mannors Lands Tenements Hereditaments and premisses by force or under the said Recovery and Fine or either of them and his anâ— hâ—r heirs shall stand and be seized of all or so much of the said Mannors Lands Tenements Hereditaments and premisses and every parcel thereof with the Appurtenances which is or shall be so given granted leased charged or disposed of from and after such gift grant lease charge disposition or other Act or Acts to such uses intents and purposes and to the use of such person and persons to whom such gift grant lease charge disposition or other Act or Acts hath been or shall be made as aforesaid and to the use intent and purpose that the party and parties to whom any Rent or Rents Annuity or Annuities Recognizance or Recognizances Statutes Judgements or other charges already granted or hereafter to be granted made or charged of upon or out of the said Mannors Lands Tenements Hereditaments and premisses or any parcel thereof by the said T. Lord W. shall and may duly have levy perceive take and enjoy the fruit benefit and effect of the same lease and leases Rent and Rents and other charge and charges according to the purport intent and true meaning of the said grant and grants lease and leases Recognizance and Recognizances Judgment and Judgments charge and charges and every or any of them any thing in these presents before contained to the contrary thereof notwithstanding Provided and it is further hereby Covenanted To make void the said uses granted condescended agreed published and declared by and between all and every of the foresaid parties That the true intent and meaning as well of the foresaid Recovery as of the said Fine and of all and every of the respective parties to the same and to these presents alwayes was and is that it should and might and shall and may be lawful to and for the said T. Lord W. from time to time at any time or times during his life by his writing or writings by him to be signed or sealed in the presence of three witnesses of Credit or more or to be inrolled in any of the Courts of Record of our Soveraign Lord the Kings Majesty his Heirs or Successors to signifie or declare that his Will and Pleasure is That all or any of the use or uses estate or estates in Possession Reversion or Remainder limited appointed raised created or implyed in or by these presents shall cease determine be void or revoked of for touching or concerning all or any of the said Mannors Messuages Lands Tenements Hereditaments and premisses or any of them or concerning any part or parcel of them or any of them And that then and from thenceforth all and every of the said use and uses estate and estates in possession Reversion or Remainder so signified and declared to cease determine be void or revoked shall then and from thenceforth cease determine and be utterly void and revoked according to the true intent and meaning of the said T. Lord W. so as aforesaid to be signified and declared other than such lease or leases estate or estates or charges which he the said Lord W. hath or shall make â—ay or charge of or upon any of the premisses for satisfying debts or for valuable Consideration in money or otherwise by force of the foresaid Proviso in these presents before expressed And also that then and from thenceforth at all time and times after such signification or significations declaration or declarations so to be made it shall and may be lawful to and for the said T. Lord W. at any time or times during his life To create nâ—w uses so oft as he shall think
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
said W. C. E. C. c. into the said Mannor Messuages Lands Tenements and Hereditaments with their appurtenances entred and were thereof seized in Coparcionari That is to say the said W. C. in his own right and the said E. C. and R. P. c. and their said wives in the right of their said wives and they being thereof so seized of their wills and mutual assent and agreement the seventh day of c. last past before the day of the date hereof did make partition thereof in manner and form following that is to say they did grant and indifferently divide and sever all the Mannors Messuages Lands Tenements and Hereditaments with their appurtenances to them descended and come as is aforesaid and which he hereafter expressed into six several parts or shares and agreed that every of the said six severall parts should be severally written and mentioned in a scroul of paper by it self and that afterwards every of the said six several scrouls of paper should be by an indifferent man thereunto appointed by their mutual assents severally inclosed and covered in and with wax made like little balls of like bigness and weight so as no man may see any of the scrouls and that then the said little balls of wax should be put in a bonner to be kept in the hands of an indifferent man thereunto appointed by their mutual assents and that the said W. C. being heir unto the eldest Daughter of the said Lady J. B. or his Deputy thereunto sufficiently authorized should first put in his hand into the said bonnet and should first take and choose out of the same bonnet one of the said balls and that he should have and hold to him and to his heirs for ever for his part portion and purport of the Premisses only those of the said Mannors Lands Tenements and Hereditaments that should be mentioned and written in the scroul inclosed and covered in and with the ball of wax that he or his said Deputy for him shall take and choose and that the said W. C. having married the said E. being the second Daughter of the said Lady J. C. or his Deputy thereto sufficiently authorized should for him the said W. and the said E. his wife being the second Daughter of the said Lady B. secondly put in his hand c. and should secondly take and choose c. one other of the said balls And that the said W. C. and E. his wife should have hold and enjoy to them and to the Heirs of the same E. for ever as in the right of the said E. of the premisses only those c. and that the said P. H. c. as Mr. C. mutat mutand and so the other all which was done accordingly And the said W. C. putting in his hand first into the said bonnet and taking and choosing out of the said bonnet one of the six balls wherein was one of the said six scroules in which was written and mentioned the Mannor of W. with the appurtenances late of the said Lady J. B. and all the Lands Tenements Meadows Feedings Pastures Rents Reversions Services and Hereditaments with their appurtenances which were of the said Lady B. in W. M. and W. H. in the County of c. the the Mannor of T. c. And the said W. C. putting in his hand second in the said c. the said P. H. c. the said R. P. c. the said E. C. by his Deputy c. the said T. L. c. Know ye That the said parties and every of them do and doth by these presents for him her and them and his and their heirs assent to the said partition of the Premisses so between them hereof made and had as aforesaid And that every of them doth and do for him her and them and his and their heirs accept and take the part portion and purpart to him her and them happened and allotted as is aforesaid in full recompence of his her and their part portion and purpart of all the Mannors Lands Tenements and Hereditaments to him her and them and any of them descended or come from the said Lady B. And that every of the said parties doth and do for him her and them and his and their heirs ratifie and confirm the said portion and also that every of the said parties doth and do for him her and them and for his her and their heirs ratifie and confirm to the other of them and their heits the Mannors Lands Tenements and Hereditaments to the other of them allotted and happened by vertue of the partition as is aforesaid as also all the estates and interests which the other of them hath therein and to the intent that no dissention or variance should hereafter happen or arise betwixt the said parties to these presents their heirs or assigns or any of them for touching or concerning the said Mannors Lands Tenements and Hereditaments with their appurtenances or any part or parcel thereof it is covenanted granted condescended concluded and fully agreed between the said parties to these presents their Heirs and Assigns in manner and form following That is to say first the said W. C. covenanteth and granteth for him his Heirs Executors and Administrators by these presents to and with the said C. D. and D. his wife and the heirs and assigns of the said D and to and with the said P. H. and F. his wife and to the heirs and assigns of the said F. and to and with the said R. P. c. and the heirs and assigns of the said c. and to and with the said W. C. and the said c. and to and with the said T. L. and the said c. severally for their parts portions and purparts of the Premisses that he the said W. C. his heirs and assigns and every of them at all times hereafter and from time to time whensoever he the said W. C. his heis or assigns or any of them shall be thereunto reasonably required by the said E. D. or D. his wife or either of them or the heirs or assigns of the said D. for the said part portion and purpart of the said D. of and in the premisses and by the said P. H. c. and by the said R. P. c. and by the said W.C. c. and by the said T. L. c. To make do acknowledge and suffer or cause to be made done acknowledged and suffered all and every act and acts thing and things for the further and more better assurance and sure making in the Law unto the said E. D. and D. his wife and to the heirs and assigns of the said D. the said part portion and purpart of the Premisses allotted and fallen unto the said E. D. and D. his wife as is aforesaid and unto the said P. H. c. and unto the said R. P. c. and unto the said W. C. c. and unto the said T. L. as by the said
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
digging receiving selling footing and carrying away the said Timber-Trees Woods or Under-woods or the Royalties Priviledges and Freedoms aforesaid To have and to hold the said Towns or town-Town-lands before mentioned and all other the premises before in or by these presents demised and granted bargained and sold and every part and parcel thereof with their and every of their Appurtenances and the Reversion and Reversions Rents and yearly Profits of the same and of every part and parcel thereof unto the said G. R. his Executors Administrators and Assigns from the Feast-day of All-Saints last past before the date of these presents unto the full end and term of Ninety and nine years from thenceforth next ensuing and fully to be compleat and ended Yielding and paying therefore yearly and for every year during the said term unto the said H. Oniel his Heirs and Assigns the yearly rent or sum of c. of current money of England at the Feasts of Philip and Jacob and All-Saints by even and equal portions as within one and twenty dayes next after any of the said Feasts And if it happen the said yearly Rent to be behind and unpaid in part or in all contrary to the reservation aforesaid and no sufficient distress can or may be found or taken in and upon the said demised premises A demand thereof being by the said Sir H. Oniel his Heirs or Assigns first made That then and from thenceforth it shall and may be lawful to and for the said Sir H. Oniel his Heirs or Assigns or any of them into the said four Towns or Town-lands and all and singular the aforesaid demised premises with the appurtenances or into any part or parcel thereof in the name of the whole to re-enter and the same to claim have again enjoy and re-possess as in his and their first and former estate any thing in these present Indentures contained to the contrary in any wise notwithstanding and the said G. R. A Covenant for new Building Messuages on the demised premises for himself his Heirs Executors Administrators and Assigns and for every of them doth covenant promise and grant to and with the said Sir H. Oniel his Executors Administrators and Assigns and to and with every of them by these presents in manner and form following that is to say That he the said G. R. his Executors c. shall and will within the space of ten years next ensuing the date of these presents at his and their own proper Costs and Charges erect new-build and set up in and upon some convenient part of the premises by these presents demised three Messuages Tenements or Houses fit and convenient for habitation to be so erected of Timber Stone or Brick according to the most usual manner of building now used within the Realm of England and the same being thus built shall from time to time and at all times during the aforesaid term of c. years keep and well maintain in good repair And shall and will likewise from time to time during the said term well and sufficiently repair amend maintain and keep all the Houses Edifices Hedges Ditches Fences and Enclosures in and about the said demised premises or any part thereof in good and sufficient reparations and the said demised premises and every part thereof being so well and sufficiently repaired maintained hedged fenced ditch'd and amended in the end of the said term shall and will quietly leave and yield up unto the said Sir H. O. his Executors Administrators and Assigns And that the said G. R. his Executors Administrators and Assigns and his and their Under-Tenants shall and will from time to time during the said term grind all their several kind of Grain whatsoever that they or any of them A Covenant to pay Heriots shall expend in and upon the said demised premises or any part thereof at the Mill or Mills of him the said H. Oniel And the said G. R. for himself his Executors Administrators and Assigns and for every of them doth further covenant promise and grant to and with the said Sir H. Oniel his Heirs and Assigns and to and with every of them by these presents That he the said G. R. his Executors Administrators or Assigns shall or will well and truly pay or cause to be paid unto the said Sir H. O. his Heirs or Assigns such several and respective Heriots for the said demised premises as are hereafter in these presents mentioned and expressed That is to say upon the death of the said G. R. his Executors or Administrators dying Tenant in possession of the said premises or any part thereof his or their best Beast in the name of one Heriot and upon the decease of every of his or their Lessees Farmor or Under-Tenant of the said premises or any part thereof one half of the value of the price of his or their best Beast in full lieu and satisfaction for the whole Heriot And the said Sir H. Oniel for himself his Heirs Executors and Administrators and for every of them doth covenant promise and grant to and with the said G. R. his Executors Administrators and Assigns and to and with every of them by these presents That it shall and may be lawful to and for the said G. R his Executors Administrators and Assigns and his or their Lessees Farmors and Under-Tenants from time to time and at all times hereafter during the said term to have and take in and upon the said demised premises competent and sufficient House-boot Plough-boot Cart-boot Hedge-boot and Fire-boot to be spent expended and imployed in about and upon the same premises and not else-where And the said Sir H. Oniel for himself his Heirs Executors and Administrators and for every of them doth further covenant promise to and with the said G. R. his Executors Administrators and Assigns and to and with every of them by these presents in manner and form following That is to say That the said Sir H. Oniel is and standeth lawfully seized of and in the said four Towns Town-lands or Townships before-mentioned in these presents and of and in all other the demised premises with their appurtenances of such good perfect and lawful estate of inheritance in Fee-simple as that he the said Sir H. Oniel hath in himself good Right full Power and lawful Authority hereby to demise grant bargain sell and to farm-let the said four Towns or Town-lands before mentioned and all other the promises aforesaid with their and every of their appurtenances into the said G. R. his Executors Administrators and Assigns fâ—r such term of years and in such manner and form as is herein before mentioned and expressed And for the further and better securing and confirming of the said four Towns or Town-lands and other the premises with the appurtenances unto the said G. R. his Executors Administrators or Assigns for and during the term aforesaid and in manner and form as is aforesaid according to the true intent and
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
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
his wife their Heirs and Assigns by these presents in manner and form following that is to say That he the said J. W. at the time of the ensealing and delivery of these presents is and standeth lawfully and sufficiently seised of such a good perfect lawful and absolute and indefeazible estate of Inheritance in Fee-simple or Fee-tail and no Reversion or Remainder thereof in the Kings Majesty and to his and their own use and uses without any manner of condition or limitation of any other use or uses to alter change or determine the same estate of and in the said Mannor Lands Tenements and Hereditaments and all other the aforesaid premises before in and by these presents mentioned or intended to be granted aliened bargained and sold as he the said J. W. can and may lawfully and sufficiently grant convey and assure all and singular the said Mannor of H. Lands Tenements and Hereditaments and all other the aforesaid premises with all and singular the appurtenances unto the said R. B. his Heirs and Assigns for ever according to the true intent and meaning of these presents That the premises are discharged of Incumbrances And also the said J W. for himself c. doth covenant to and with the said R. D. and B. his wife and either of them their and either of their Heirs and Assigns by these presents That all and singular the said Mannor of H. Lands Tenements and all other the foresaid premises with the appurtenances before in and by these presents granted aliened bargained and sold and every part and parcel thereof at the time of ensealing and delivery of these presents are and be and at all times hereafter shall be remain and continue clearly acquitted exonerated and discharged or otherwise upon request sufficiently saved and kept harmless of and from all and all manner of former Bargains Sales Gifts Grants Leases Rents Charges and Arrerages of Rents Duties Titles Troubles and Incumbrances whatsoever had made committed suffered or done or to be had made c. by the said J. W. his Heirs or Assigns or by any other person or persons whatsoever by his or their means acts titles consents and procurements except our Lease c. And also that they the said R. D. and B. his wife and either of them their and either of their Heirs and Assigns and every of them shall and may at all times hereafter and from time to time for ever according to the true intent and meaning of these presents peaceably lawfully and quietly have hold use occupy possess and enjoy all and singular the said Mannor of A. Lands Tenements and all other before bargained premises with all and singular their appurtenances before in and by these presents mentioned to be granted aliened bargained and sold and every part and parcel thereof without any manner of lawful let suit trouble eviction or disturbance of the said J. W. or his Assigns or of any other person or persons whatsoever claiming or lawfully having or which shall hereafter have any manner of Estate Right Title Charge or Interest of in or to the said Mannor and all other the premises or of in or to any part or parcel thereof by from or under the said J. W. his Heirs or Assigns all such persons as do claim by force of the Lease before excepted onely excepted And furthermore that the said Mannor of H. and all other the aforesaid premises or any part or parcel thereof are not holden of his Majesty in Capite whereby any Licence of Alienation shall be needful to be had or sued forth for the bargaining sale conveying and assuring of the said Mannor and other the premises unto the said R. D. and B. their Heirs and Assigns Nor that the said R. D. his Heirs or Assigns shall at any time or times hereafter be Ward or Wards unto our said Soveraign Lord the Kings Majesty his Heirs and Successors for or in respect of the said Mannor of c. and all other the premises or any part or parcel thereof And also the said J. W. for himself his Heirs Covenant for further assurance Executors and Administrators doth Covenant c. That the said J. W. and M. now his wife and the Heirs and Assigns of the said L. and all and every other person and persons whatsoever now having or lawfully claiming or which shall hereafter rightfully claim any manner of Estate Right Title or Interest of in and to the said Mannor and all other the said premises or any part or parcel thereof by from or under the said J. W. his Heirs and Assigns except such person or persons as shall claim by force of Lease before excepted shall and will at all times hereafter for and during the term of three years next ensuing the day of the date of these presents do make acknowledge execute and suffer or cause to be made done acknowledged executed and suffered all and every such further lawful act and acts thing and things device and devices conveyances and assurances in the Law whatsoever with warranty against him the said J. W. and his Heirs for the further and more assurance and sure-making of the said Mannors Lands Tenements and of all and singular other the premises with the appurtenances and every part and parcel hereof to be had and made sure unto the said R. D. and B. their Heirs and Assigns for ever absolutely without any manner of Condition or other Limitation be it Fine or Fines with Proclamation with Warranty against him the said J. W. his Heirs and Assigns recovery with double and single Voucher or Vouchee Deed or Deeds enrolled the Enrolment of this present Feoffment with warranty against him the said J. W. his Heirs or Assigns release with confirmation with the like warranty or without warranty or by any or as many of the devices wayes and means aforesaid as by the said R. D. and B. or either of them their Heirs or Assigns or by their or any of their Council learned in the Law shall be reasonably devised or advised and required at the onely Costs and Charges of the said R. D. and B. their Heirs and Assigns so that the said I. nor M. his wife be not compelled to travell from his or their Homes or usual places of abode further than the Cities of London and Westminster If the Buyer be lawfully evicted within 12 years the Seller's to pay 51. an Acre about the same assurances And moreover the said J. W. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said R. D. and B. and either of them and to and with the Heirs and Assigns of either and every of them by these presents in manner and form following that is to say That if it shall happen at any time within twelve years next after the date hereof the said R. D. and B. and either of them their or either of their Heirs or Assigns to be lawfully evicted of
also all and singular Out-houses Barns Stables Dove-houses Yards Orchards Gardens Lands Meadows Pastures Feedings Commons Common of Pasture Woods Under-woods Water Water-courses Fishings Wayes Easements Profits Commodities and Hereditaments whatsoever to the said Mannor of W. and other the premises aforesaid or to any part or parcel thereof belonging or in any wise appertaining or therewithall now used occupied or enjoyed as part parcel or member thereof and all the Lands Tenements and Hereditaments whatsoever to the said J. H. belonging lying and being in W. aforesaid and the said remainder expectant upon the death of the said T. H. and all and every other Reversion and Reversions Remainder and Remainders of the said bargained premises and of every part and parcel thereof and the Rent and Rents and yearly Profits whatsoever reserved upon whatsoever Demise Lease Estate or Grant Demises Leases Estates or Grants heretofore made of the before bargained premises or any part or parcel thereof Together with all Evidences Charters Escripts Monuments and Writings toâ—ching or concerning the premises which he the said J. H. hath or may come by without Suit in Law To have and to hold the said Mannor of W. Lands Tenements and all and singular other the premises above-mentioned to be hereby bargained and sold with the appurtenances and every part and parcel thereof and all the estate right title interest term and terms of years Reversion Remainder Claim and Demand whatsoever of the said J. H. and R. B. and of either of them or of any other person or persons whatsoever in and to the same unto the said W. P. his Heirs Executors Administrators and Assigns to the sole and proper use and behoof of the said W. P. his Heirs c. for ever And the said J. H. and R. B. for themselves severally and respectively and for their several and respective Heirs c. all and singular the before bargained premises with the appurtenances and every part and parcel thereof unto the said W. P. his Heirs Executors Administrators and Assigns to the use and behoof aforesaid shall and will warrant and for ever defend by these presents In witness c. An Indenture of Defeizance for the making void of all former Statutes payment of a sum of c. and performance of Covenants c. THis Indenture made the c. between A. B. of c. on the one part and E. A. of c. on the other part witnesseth That whereas the said E. A. in and by one Recognizance or writing Obligatory of the nature of a Statute-Staple lately made and provided for the recovery of Debts bearing date c. taken sealed acknowledged and entred into before Sir T. R. Lord Chief-Justice of England is and standeth bounden unto the said A. B. in the sum of c. payable as in and by the said Recognizance or Writing Obligatory of the force of a Statute-Staple more fully and at large it doth and may appear It is now nevertheless covenanted granted concluded and agreed by and between the said Parties to these presents and the true intent and meaning of these presents and of the Parties hereunto is and the said A. B. is contented and pleased That if the said E. A. his Heirs Executors and Assigns do or shall at or before the c. discharge and clearly make void upon Record as well all and every Statutes-Merchant and of the Staple as also all Recognizances heretofore acknowledged and entred into by the said E. A. either by himself alone or joyntly with any other person or persons the Statute above recited onely excepted And thereof bring deliver and leave Certificates under the hands of the Clerks of the several Offices or their Deputies in that behalf at or in the c. to and for the said A. B. his Executors or Assigns at or before the c. day of c. next ensuing And also if the said E. A. his Heirs Executors Administrators or Assigns or any of them do well and truly pay or cause to be paid unto the said A. B. his Heirs or Assigns or to some or one of them the full sum of at or in c. in manner and form following that is to say the sum of c. on the c. and the sum of c. on the c. in full satisfaction and payment of the sum of c. And also if the said E. A. his Heirs Executors and Assigns do and shall well and truly observe perform fulfil accomplish and keep all and singular the Covenants Grants Articles and Agreements which on his and their parts and behalfs are or ought to be observed performed fulfilled accomplished and kept comprized and specified in one pair of Indentures bearing date c. made between the said E. A. of the one part and the said A. B. on the other part according to the true intent and meaning of the said Indentures that then the said Recognizance or Writing Obligatory above recited or mentioned shall be utterly void and of none effect otherwise the same shall stand and abide in full force c. A Release of Lands upon performance of Articles TO all Christian people c. I E. J. of c. send greeting in our Lord God everlasting Know ye That I the said E. J. as well in consideration of the full performance of certain covenants and agreements mentioned and expressed in one pair of Indentures bearing date c. last past c. made between me the said E. J. on the one part and Sir H. W. c. as also for divers other good Causes and Considerations c. have remised released and for ever quit-claimed and by these presents do for me my Heirs and Assigns and every of us freely clearly and absolutely remise release and for ever quit-claim unto the said Sir H. W. his Heirs and Assigns for ever in his and their full and peaceable possession seizin and being all the Estate Right Title Interest Possession Reversion Claim and Demand whatsoever which I the E. I. now have may might or ought to have or which I or my Heirs at any time hereafter shall or may have might or ought to have or claim of in or to all those the Rectories of B. c. and also of in and to all and singular Messuages Mills Lands Tenements c. to the said c. belonging or appertaining To have and to hold the said Rectories c. unto the said Sir H. W. his Heirs and Assigns to his and their own proper use and behoof for ever so as neither I the said E. I. nor my heirs shall or may at any time hereafter ask claim challenge or demand any right title interest claim or demand whatsoever of in or to the premises before mentioned or of in or to any part or parcel thereof but thereof and therefrom shall be utterly ' debarred and for ever secluded by these presents And I the said E. I. and my heirs the said Rectories and all and singular
other use intent or purpose whatsoever any thing in these presents contained to the contrary thereof in any wise notwithstanding In witness c. An Indenture of Covenants for passing of a Recovery in the Common-Pleas to cut off an Intail THis Indenture made c. between E. C. of c. of the one part and W. O. and J. H. of c. of the other part Witnesseth That it is covenanted granted concluded and agreed by and between the said Parties to these presents and the said E. C. doth covenant and grant to and with the said W. O. and J. H. that he the said E. C. shall and will permit and suffer the said W. O. and J. H. to purchase and sue forth out of the High-Court of Chancery one or more Writ or Writs of Entry sur discesin en le post returnable before the Justices of the Common-Pleas at Westminster at some certain day of Return in Easter-Term next coming by which Writ or Writs the said W. O. and J. H. shall demand against the said E. C. all that Messuage Tenement or Farm with the appurtenances scituate c. which late were in the possession of c. and also all that Close of Pasture-ground commonly called c. containing c. and all that Close of Pasture c. and also all and singular Lands Tenements Rents Reversions Services Commons Profits Commodities Emoluments and Hereditaments whatsoever with all and singular the Appurtenances to the Premises or any part or parcel thereof belonging or in any wise appertaining by such name and names and in such manner and form and by such number and quantity of Acres as the said W. O and J. H. or the survivor of them or the Council learned of them shall be devised or advised to which Writ the said E. C. shall appear personally or by Attorney in the said Court of Common-Pleas enter into the said warranty and imparl and vouch the warranty the Common vouchee who shall after depart in contempt of the Court so as a good perfect recovery shall and may be had in due form and order of Law of the said Messuages Lands c. and all other the premises with the appurtenances according to the usual course of common Recoveries for assurance of Lands and Tenements in the said Court of Common-Pleas and that a Writ of Habere fac ' seisinam shall be thereupon awarded executed and returned accordingly And it is further condescended unto and agreed by and between all the said Parties to these presents That as well the said Recovery so to be had and executed as aforesaid as also all and every other Recovery or Recoveries Conveyances and Assurances whatsoever which before the Feast of c. shall be had and executed by and between the said Parties to these presents or any of them of the said Messuages Lands Tenements and Hereditaments and all and every other the premises with the appurtenances or of any part or parcel thereof by what name or names soever the same shall be so had and executed and the full force and execution of them and every of them shall be and enure and shall be construed adjudged and taken to be and enure to the onely use and behoof of the said W. O. his c. for ever And the said W. O. and J. H. and the survivor of them and the heirs of the survivor of them shall ever from thenceforth stand and be seized thereof and of every part thereof to the only use and behoof of the said W. O. his heirs and assigns for ever and to no other use intent or purpose whatsoever In witness c. An Assignment of a Lease THis Indenture made c. between P. S. of c. and M. his Wife and Executrix of the last Will and Testament of I. C. late of c. deceased on the one part and W. W. of c. Yeoman on the other part witnesseth That whereas T. M. of c. in and by one Indenture of Lease bearing date c. for the consideration therein mentioned did demise grant and to farm-let unto the said I. C. reciting the Grant as in and by the said recited Indenture of Lease amongst divers other Covenants Grants Articles and Agreements therein contained more fully and at large it doth and may appear Now this Indenture witnesseth That the said P. S. and M. his wife as well for and in consideration of the sum of c. to them in hand paid before the ensealing and delivery of these presents by the said W. W. whereof they do acknowledge the Receipt and thereof and of every part and parcel thereof do acquit exonerate and for ever discharge the said W. W. his c. by these presents hath given granted bargained sold assigned and set over and by these presents do give grant c. unto the said W. W. his c. all that parcel of Ground or Garden-Plat with the appurtenances before mentioned and all Houses Edifices Buildings c. and all the Estate Right Title Interest Possession Term of Years to come Claim and Demand whatsoever which they the said P. S. and M. his wife or either of them now have or hath may might should or in any wise ought to have or claim of in or to the said parcel of Ground and Garden-plat and other the premises with the appurtenances and every or any part or parcel thereof by force and vertue of the said Indenture of Lease To have and to hold Habend the said parcels of Ground or Garden-plat and all Houses Edifices and Buildings thereupon or upon any part or parcel thereof now standing or being And also all the said recited Indenture of Lease and all the Estate Right Title Interest Term of Years and all and singular other the premises with the appurtenances in and before by these presents bargained sold assigned and set over or mentioned or intended to be hereby given granted bargained sold assigned and set over and every part and parcel thereof unto the said W. W. his Executors Administrators and Assigns to his and their own proper use and behoof during the residue of the said term in and by the said Indenture of Lease granted and therein now to come and unexpired in as large ample and beneficial manner to all intents constructions and purposes as they the said P. S. and M. his wife or either of them now have or hath may might should or in any wise ought to have and enjoy the same by force and vertue of the said recited Indenture of Lease or otherwise howsoever and the said P. S. and M. his wife for themselves their Executors c. and for either of them and either of their c. doth convenant c. that the said recited Indenture of Lease c. at the time of the ensealing and delivery of these presents is a good sure perfect and indefeizable Lease in the Law of and for the said parcel of Ground or Garden-plat and premises hereby
T. W. his Executors or Assigns do and shall find Diet and Victuals for the said I. B. c. for so long time after the end of the said terms as they shall have been absent as aforesaid according to the true meaning of these presents That then c. A Condition to repay all such Charges as the Tenant shall be at by reason of the payment of his Rent there being controversie concerning the Title of the House THe Condition c. That whereas there is a Controversie or question between the above-bound E. H. and others touching their several right or interest in the now dwelling House of the above-named T. T. scituated c. And whereas upon an agreement between the said E. H. and T. T. the said T. T. is câ—ontented to pay the Rent of the said House it being 50 l. per annum unto the said B. H. as the same shall grow due according to his Lease If therefore the said E. H. his c. do and shall well and truly pay or cause to be paid unto the said E. T. his Executors or Assigns all such Rent sum or sums of Money Charges and Damages whatsoever as shall by due proceeding in Law be adjudged or decreed against him the said T. T. his Executors c. and all other Costs and Damages whatsoever which he the said T. T. shall sustain or be at by reason of any Actions Suits or Forfeitures whatsoever which shall or may happen or be unto the said T. T. his Executors Administrators or Assigns by reason or means of the payment of the said Rent or any part thereof unto the said E. H. his Executors Administrators or Assigns That then c. A Condition to discharge the Church-Wardens and Parishioners of a Child born in the Parish THe Condition c. That whereas one M. H. hath of late been delivered of a Man-child within the Parish of c. within written to the which Child the within-bound E. G. by his own voluntary confession doth acknowledge himself to be the Father If therefore the said E. G. his Heirs Executors or Assigns or every or any of them do from time to time and at all times hereafter full and clearly acquit discharge and save harmless as well the within-named J. B. and H. T. Church-wardens of the Parish-Church of c. aforesaid and their Successors for the time being and every of them as also all the Inhabitants and Parishioners of the said Parish which now are or hereafter shall be for the time being and every of them of and from all and all manner of Costs Charges and Expences whatsoever which shall or may in any manner of wise at any time hereafter arise happen come grow or be imposed upon them or any of them for or by reason or means of the Birth Education nourishing and bringing up of the said Child And of and from all other Actions Suits Charges Troubles Impeachments and Demands whatsoever touching and concerning the same That then c. A Condition for the surrender of Copy-hold Lands and to cause him to be admitted Tenant THe Condition c. That if the within-bounden J. K. and his Heirs do and shall at the next Court to be holden for or within the Mannor of H. in the County of E. sufficiently and in due form of Law surrender and yield up unto or for the use and behoof of the within-named L. M. his Heirs and Assigns or of such other person or persons and their Heirs and Assigns as the said L. M. shall nominate and appoint All that his Copy-hold Messuage or Tenement and Lands thereunto belonging containing by estimation sixteen Acres be it more or less now or late in the Tenure or Occupation of N. O. or of his Assigns parcel of the Mannor of H. aforesaid with all and singular Out-houses Easements Commodities and Appurtenances to the same appertaining clearly acquitted and discharged of all Dowers and titles of Dower whatsoever and do then and there also procure and cause the said L. M. or such other person or persons by him to be nominated as aforesaid to be only and lawfully admitted Tenant of the same premises so to be surrendred according to the custom of the said Mannor That then this c. A Condition for quiet enjoying a Mannor according to an Assignment thereof THe Condition c. That if the within-named R. J. his c. and every of them shall or may lawfully peaceably and quietly have hold occupy and enjoy the Mannor of S. with the appurtenances in the County of O. with all Lands Tenements Profits Priviledges Rents Court-leet and Advowson Woods Under-woods and all other Hereditaments thereunto belonging or appertaining without the let trouble suit eviction disturbance or contradiction of the within-bounden W. G. L. G. and M. G. or any of them their or any of their Heirs Executors Administrators or Assigns or any of them or any other person or persons whatsoever having claiming or pretending to have any manner of Right Title Interest Property Claim or Demand of in or to the said Mannor and Premises aforesaid or of in and to any part or parcel thereof by from or under the said W. G. M. G. and L. G. or either or any of them according to the tenour purport effect and true meaning of one Indenture of assignment bearing date the c. made and sealed by the said W. G. unto the said R. J. of the premises aforesaid as by the said Indenture may appear That then c. A Condition for assurance of Lands THe Condition c. That if the within-bounden W. B. shall upon reasonable request to him to be made by the within-named T. H. his Heirs or Assigns on this side and before the Feast-day of c. next ensuing the date within-written convey and assure unto the said T. H. his Executors and Assigns for ever one Close of Pasture containing by estimation one Acre abutting upon F. towards c. one other Close c. all which premises are scituate lying and being in the Parishes Towns and Fields of W. and G. or in some or one of them in the County of B. by such Conveyances and Assurances in the Law as by the said T. H. his Heirs and Assigns or by his or their Council learned in the Law shall be reasonably devised or advised and required discharged of all Incumbrances whatsoever the chief Rents and Services thereof due and payable to the chief Lord or Lords of the Fee or Fees of the premises only excepted And also if the said W. B. his c. and every of them do and shall until the said conveyance and assurance shall be made and passed as aforesaid quietly permit and suffer the said T. H. his Heirs and Assigns to have receive perceive and take to his and their own proper uses and behoofs the Rents Issues and Profits of all and singular the premises and of every part and parcel thereof without any manner of let suit trouble
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
consideration of a Marriage by Gods permission shortly to be had and solemnized between the said P.M. and one F. Daughter of E. T. of c. and for divers other good causes and considerations him the said J. M. especially moving it is concluded covenanted granted and agreed by and between the said Parties to these presents And the said J.M. on his part for himself his Heirs Executors and Administrators doth by these presents covenant and grant to and with the said E. F. and G. M. and either of them and the Executors and Administrators of them and either of them that for the considerations aforesaid he the said J. M. and his Heirs and all and every other person and persons now standing or being seized or that hereafter shall stand and be seized of and in all that the Mannor of S. in the County of B. with all and singular the rights members and appurtenances thereof and of and in all and singular Messuages Tenements Houses Buildings Orchards Lands Meadows Leasows Pastures Feedings Commons Mills Woods Under-woods Advowsons Reversions Rents Services Wastes Estrayes Royalties Liberties Priviledges Jurisdictions Hereditaments and all other the rights members and appurtenances whatsoever to the said Mannor and Lands incident belonging or in any wise appertaining or accepted reputed taken or known or occupied demised or letten as part parcel or member thereof shall from thenceforth stand and be seized of and in the same Mannor Lands Tenements Hereditaments and all other the premises and of and in every part and parcel there of with the appurtenances to the uses intents and purposes hereafter in these presents mentioned and expressed and to none other use intent or purpose whatsoever That is to say unto and for the use of the said J. M. until the said Marriage shall be had and solemnized between the said P. M. and F. and immediately from and after the said Marriage so had to the use of the said P. M. and F. and of the Heirs males of the said P. M. on the body of the said F. lawfully begotten and for default of such Heirs males to the use of the right Heirs of the said J. M. for ever And further the said J. M. doth by these presents covenant and grant for him his Heirs Executors Administrators and Assigns and every of them to and with the said E. F. and C. M. and either of them their Heirs Executors Administrators and Assigns in manner and form following That is to say That the said Mannor Lands Tenements and Hereditaments and all other the premises with their appurtenances now are and be and at all times hereafter and from time to time shall and may continue remain and be clearly acquirted exonerated and discharged or otherwise well and sufficiently saved and kept harmless by the said J. M. his Heirs Executors c. or by some or one of them at his and their own proper costs and charges of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Joyntures Dowers Titles of Dower Uses Wills Entails Rents Charge-Rents Seck arrerages of Rents Titles Recognizances Statutes-Merchant and of the Staple and of and from all other Charges Incumbrances and Demands whatsoever had made committed or done by the said J. M. or by his Heirs or Assigns or by any other person or persons or by his or their assent consent means privity or procurement The Rents and Services which from thenceforth shall grow due to the chief Lord or Lords of the Fee or Fees of the premises and all lawful Leases or Grants heretofore made or granted of the premises or of any part thereof which shall not continue above four years or thereabouts next after the date hereof whereupon several yearly Rents are reserved amounting in the whole to c. which shall be yearly payable to the said P. M. and F. and the Heirs males of the said P. M. for and during the continuance of the said Leases and Grants only excepted and foreprized And that the said Mannor and other the premises at the end and determination of the said Leases and Grants shall remain and from thenceforth shall and may continue and be unto the said P. M. and F. and the Heirs males of the said P. M. of the clear yearly value of c. or thereabouts And moveover that he the said J. M. his Heirs c. shall and will at this time and from time to time during the space of one whole year next after the said Marriage had and solemnized when as often as he or they or any of them shall be thereunto reasonably required by the said E. F. and G. H. or either of them their Heirs or Assigns or any of them do make knowledge levy and execute or cause and suffer to be made done knowledged levied and executed all and every such further act and acts thing and things device and devices assurance and assurances in the Law whatsoever be it by Deed or Deeds inrolled or not inrolled Fine with Proclamation Feoffment Recovery with Vouches and Vouchers release or confirmation with warranty against the said J. M. and his Heirs or otherwise or without warranty or by all or so many of the wayes means and devices aforesaid or by any other wayes or means whatsoever as by the said E. F. or G. H. or either of them their Heirs or Assigns or by their or any of their Council learned in the Law shall be reasonably devised or advised and required at the costs and charges only in the Law of the said P. M. for the further better and more perfect assurance surety sure-making and conveying of the said Mannors Lands Tenements and Hereditaments and all and singular other the premises with the appurtenances in and by these presents mentioned and intended to be conveyed and assured in manner and form above in these presents declared and every part and parcel hereof unto the said E. F. and G. H. to the uses intents and purposes above in these presents mentioned and to no other uses intents or purposes whatsoever In witness c. An assurance of a Joynture made before Marriage with special Covenants concerning Children by a former Husband THis Indenture made c. between R.L. of c. of the one part and A. B. and J.G. of c. of the other part Witnesseth That in consideration of a Marriage shortly to be had and solemnized between the said R. L. and A. H. late Wife of c. deceased for the future good and advancement of the said A. H. and in testimony of the singular good will and affection which he the said R. L. hath and beareth to the said A. H. and for divers other good and weighty considerations him the said R. L. thereunto especially moving it is covenanted granted concluded and fully agreed upon by and between the said Parties to these presents in manner and form following That is to say And the said R. L. for himself his Heirs Executors and Administrators
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
presents remise release and quit-claim all Errors Writ and Writs of Error cause and causes of Error Misprisions and Mis-entries and Demands which they the said S. H. or either of them their or either of their heirs have or hereafter may or ought to have for or by reason of any Errors Imprision Mis-entry Erroneous obtaining or prosecution of the said Writ of Entry and Judgments aforesaid or any of them or other matter or thing whatsoever in or about or any way touching or concerning the said recovery or any the proceeding or prosecution thereof And the said S. N. for himself his Heirs Executors and Administrators and for every of them doth covenant promise and grant to and with the said J. F. his Heirs and Assigns and to and with every of them by these presents that he the said S. N. and H. his Wife at the time of the ensealing and delivery of the said recited Deed made to the said T. Y. and before mentioned to be enrolled as aforesaid were lawfully and rightfully seized in the right of the said H. of and in one full third part the whole in three equal parts to be divided of all and singular the Tenement Lands and Premises before herein mentioned in Fee-simple or Fee-tail and at the time of the ensealing the said Deed as aforesaid had full power good right and lawful authority to grant convey settle and assure the said third part in manner and form aforesaid according to the true intent and meaning of these presents and also that the said third part of the said Tenement Land and Premises before herein mentioned or intended to be conveyed setled or assured to the said J. F. as aforesaid 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 said J. F. his Heirs and Assigns according to the limitation aforesaid and the true intent and meaning of these presents clearly acquitted exonerated and discharged or otherwise by them the said S. N. and Hester their Executors or Administrators well and sufficiently saved and kept harmless of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Mortgages Estates Joyntures Dowers Wills Covenants Entails Statutes-Merchant and of the Staple Recognizances Judgments Executions Extents Debts to the Common-wealth Sequestrations Debts of Record Fines Issues Amerciaments 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 or suffered to be done by the said S. N. and Hester William King the younger and William King the elder Father and Grand-father of the said H. K. or any of them or by any other person or persons whatsoever claiming or to claim from by or under them or any of them and the said S. N. for himself his Heirs Executors and Administrators and every of them doth further covenant promise and grant to and with the said I. F. his Heirs and Assigns and every of them by these presents that he said I. F. his Heirs and Assigns and his and their Farmers and Tenants shall or lawfully may from time to time and at all times hereafter for ever peaceably and quietly enter into have hold use occupy possess and enjoy one whole third part of all and singular the Tenements Lands and Premises before mentioned and take receive and enjoy the Rents Issues and Profits thereof to his and their own use without any let interruption challenge claim disturbance or incumbrance of or by them the said S. N. and Hester or either of them their or either of their Heirs c. or of or by any other person or persons whatsoever lawfully claiming or having or pretending to have any lawful estate right title interest or thing of in to or out of the said granted third part from by or under the said Hester and he the said Father and Grand-father or any of them And further that the said S. For better assurance N. and Hester his Wise and the Heirs of the said Hester 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. F. his Heirs and Assigns make do suffer execute and acknowledge or cause to be made done suffered executed and acknowledged all and every such reasonable and lawful acts thing and assurances in the Law whatsoever for the further and better setling assuring sure-making and conveying to the said J. F. his Heirs and Assigns for ever according to the true intent and meaning of these presents the said third part before hereby mentioned or intended to be conveyed and assured of and in the Tenements Lands and Premises aforesaid by such wayes and means in the Law as by him the said J. F. his Heirs or Assigns or by his or their Council learned in the Law shall be in that behalf reasonably devised or advised and required for the making whereof the said S. N. or Hester shall not be compelled to travel above twenty miles from the place of his her or their dwelling or abode at the time of such request to be made nor to enter into any further or more general warranty or acquital than is herein comprized and the said S. N. and H. his wife for the considerations aforesaid have granted bargained and sold and by c. to the said J. F. his Heirs and Assigns all Deeds Charters Writings and Evidences which do touch or concern the premises aforesaid or any part thereof and all the Right Title and Demand of them the said S. and H. of in and to all and every or any the same Deeds Evidences and Writings In witness whereof all the said Parties have to each part of this Indenture Tripartite c. W. B. being possessed of Lands c. for a term of years the Inheritance of which Lands in Fee-simple were conveyed to R. R. and W. B. in trust to be disposed of as W. B. and his wife shall appoint contracts with W. for sale the assurance advised thus That for keeping on foot the term and preventing Incumbrances the term should be granted to W. D. himself and the Inheritance to W. D. his Son the Inheritance is conveyed to the Son as followeth THis Indenture c. between W. B. of c. R. R. and W.K. of c. of the one part and W. D. and W. D. of c. witnesseth That for and in consideration of the sum of c. to the said W. B. by the said W. D. the elder before the ensealing hereof paid as well for certain terms and interests by the said W. B. to him the said W. D. already made and granted of the parcels of Land herein after granted as for the Inheritance thereof hereby intended to be granted and conveyed the said R. R. and W. K. at the
request of the said W. B. and by the appointment and with the atturnment of the said W. D. the elder have and either of them hath granted bargained sold aliened and confirmed and by c. to the said W. D. the Son and his Heirs all that Messuage Tenement c. and all Rents Reversions Remainders and Services of the said premises and all their and either of their Right Title Interest Challenge Claim and Demand whatsoever of in and to the same premises to have hold and enjoy the said c. unto the said W. D. the Son his Heirs and Assigns for ever to his and their own use for evermore to be holden of the chief Lord or Lords of the Fee or Fees of the premises by the Rent and Services therefore due and of right accustomed and it is concluded and agreed by and between the said Parties that neither these presents nor any thing therein contained shall extend to be construed to extend to bind or charge the said R. R. and W. K. or either of them their or either of their Heirs touching the premises otherwise than against his and their own acts respectively In witness whereof c. Note That in respect of the Atturnment of Tenant the Estate of Inheritance passeth legally without Livery B. M. being seized of Lands jure uxoris she being a Co-heir purchaseth of J. B. to whom the Estates of the other Co-heirs is come all the Lands the Conveyance is by recovery concluded to be suffered by J. B. THis Indenture c. Between J. B. of c. Son and Heir of William Beaumont late of c. deceased and M. his Wife one of the Daughters and Co-heirs of D. S. Gent. deceased of the one part and B. M. of c. William H. J. H. of c. and Rich. C. of c. of the other part witnesseth That the said John Beaumont for and in consideration of the sum of 200 l. of c. to him by the said B. M. before c. whereof c. hath agreed to grant convey and assure to the said B. M. his Heirs and Assigns for ever all that toft and eight acres of Land by estimation be they more or less called c. and also Common Pasture for six young Beasts and one House with the appurtenances in Wickware Heath all which premises are scituate c. and now are in the tenure holding or occupation of the said B. M. in the right of E. his Wife the Daughter of R. W. deceased for term of her life and which said premises late were the Inheritance of the said D. S. and by and after his death descended and came to his three Daughters viz. the said M. E. the Wife of R. C. and B. the Wife of J. M. the parts and portions of which E. C. and B. he the said W. B. purchased and dyed thereof seized And also the said J. B. for the Confiderations aforesaid hath agreed to grant convey and assure to the said B. M. his Heirs and Assigns for ever all other the Messuages Lands Tenements and Hereditaments of him the said J. B. within the Parish of W. aforesaid and all Rents Reversions and Services of the premises and every part thereof as by such wayes and means as by him the said B. M. or his Council learned in the Law shall be in that behalf reasonably devised and required and this present Indenture further witnesseth That the said I. B. doth for himself his Heirs Executors and Administrators covenant promise and grant to and with the said B. M. his Executors and Administrators and Assigns by these presents that he the said I. B. shall and will before the end of Easter Term now next ensuing by Deed indented and enrolled in the High Court of Chancery bargain and sell to the said W. H. and I. H. and their Heirs all the said toft and premises To have and to hold to the said W. H. and I. H. and their Heirs during the natural life of the said I. B. to the intent and purpose to make them Tenants of the Free-hold of the premises and that a Writ of Entry sur disseisin en le post shall be brought and prosecuted by the same R. C. against the said W. H. and I. H. whereby he shall demand the said premises by some fit or apt names against them the said W.H. and I.H. who shall appear in person and vouch to warranty the said J. B. who shall likewise appear in person and vouch over to warranty the common Vouchee who shall likewise appear in person and enter into the warranty and afterwards make default and depart in contempt of the Court whereby several Judgments shall be had viz. for the said R. C. to recover the premises against the said W. H. and I. H. and for them to recover in value against the said I. B. and for the said I. B. to recover over in value against the said common Vouchee which said recovery so or in any other manner to be had and executed and all Fines Feoffments and other Assurances at any time hereafter to be had or executed of the premises or any part thereof shall be and enure and shall be deemed adjudged construed and expounded to be and enure to and for the only use and behoof of the said B. M. and of his Heirs and Assigns for ever and the said I. P. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said B. M. his Heirs and Assigns by these presents that he the said I. B. at the time of the ensealing and delivery thereof is and until the said premises shall be fully and perfectly conveyed and assured to the said B. M. his Heirs and Assigns for ever according to the true intent and meaning of these presents shall be the true and lawful Owner of the said premises and every part thereof and of and in the same and every part thereof lawfully and rightfully seized of a good Estate of Inheritance in Fee-simple in his own right and to the only use of him and his Heirs by good sure sufficient and absolute conveyance assurance and title in the Law indeseazible and also that he the said I. B. at the time of the ensealing and delivery hereof hath and until the said premises shall be assured as aforesaid shall have full power good right and lawful authority to bargain sell convey and assure the said premises and every part thereof to the said B. M. his Heirs and Assigns for ever according to the true intent and meaning of these premises and also that the said premises and every part thereof now be and are and so from time to time and at all times hereafter for ever shall or may be remain and continue to the said B. M. his Heirs and Assigns clearly acquitted and discharged or otherwise by him the said I. B. his Heirs and Assigns well and sufficiently saved and kept harmless of and from all and all
c. to Eliz. her Sister in trust c. THis Indenture Tripartite c. between T. Geo. Esquire Son and Heir of Sir Tho. G. of c. Knight of the first part Ph. E. single woman and Daughter of c. of the second part and Eliz. B. Sister of the said Ph. B. of the third part witnesseth That whereas there is a Marriage agreed upon and shortly by Gods Grace to be had and solemnized between the said T. G. and the said Ph. B. and whereas the said P. B. is and standeth possessed and interessed in certain Leases Moneys Jewels Debts Goods and Chattels and whereas also the said T. G. by reason of the present distractions of the times is not able presently to assure unto the said P. B. such Joynture as is agreed on to be assured to her witnesseth now further this present Indenture that it is covenanted granted condescended unto and agreed upon by and between all the said Parties to these presents in manner and form following that is to say the said P. B. by and with the consent and good will of the said T. G. Party to these presents testified by being party and putting his Hand and Seal to one or more parts of this Indenture hath granted aliened assigned and set over and by c. unto the said Eliz. B. all such Mannors Messuages Lands Tenements Rents Services and Hereditaments whatsoever situate lying and being in c. or else-where in England whereof or wherein she the said Phil. is or standeth possessed or interessed and all her Estate Right Title Interest Claim and Demand whatsoever in and to the same Mannors Messuages Lands Tenements and Premises and every or any part thereof together with all Leases Deeds and Writings touching the same premises and every part thereof To have and to hold the said Mannors Messuages Lands Tenements and Premises and every part and parcel thereof with the appurtenances to the said Eliz. B. her Executors Administrators and Assigns from henceforth for and during all the respective time and times term and terms as she the said P. B. hath or ought to have thereunto to come and unexpired and also the said Ph. B. by and with the like consent and agreement of the said T. G. party to these presents testified as aforesaid hath granted and delivered and by c. to the said Eliz. B. all her Jewels Moneys Bonds Specialties Debts and other Goods and Chattels whatsoever before hereby mentioned meant or intended to be granted and delivered and every part and parcel thereof with the appurtenances to the said Eliz. B. her Executors Administrators and Assigns to the uses intents or purposes hereafter in these presents mentioned and declared and it is expressed and declared to be the true intent and meaning of all the said parties to these presents that the several Grants herein before made to the said Eliz. B. are so to her made upon trust and confidence in her reposed as well by the said T. G. Party to these presents as the said P. B. that in case the said Marriage take effect and that the said T. G. shall during the Coverture between him and the said Ph. cause to be assured by good and sufficient wayes and means in the Law to the said Ph. for her life and after her death to the Heirs of her body by the said T. party c. to be begotten the Mannors Messuages Lands Tenements and Hereditaments situate lying and being in the Counties of Wilts and Gloucester or either of them of the clear yearly value of 250 pounds of c. over and above all Rents Charges Deductions and Reprizes or that after such Marriage solemnized if the said Ph. shall happen to depart this transitory life before the said T. G. and before such assurance made as aforesaid which shall first happen she the said Eliz. B. her Executors Administrators and Assigns shall and will upon the reasonable request and at the costs and charges in all things of the said T. G. his Executors c. not only grant assign and set over to the said T. G. party c. his Executors c. all the said Mannors Messuages Lands Tenements Hereditaments and Premises before hereby granted or assigned by the said Ph. B. to the said Eliz. B. as aforesaid for all such time and times term and terms respectively as shall be then therein to come and unexpired discharged of all other Grants and Incumbrances made or done by the said Elizabeth except such as she shall make or do by consent of the said T. G. his Executors c. but also grant and re-deliver to the said T. G. his Executors or Assigns all such Moneys Jewels Bonds Specialties Debts and other Goods and Chartels whatsoever as in the mean time shall come to the hands of the said Eliz. her Executors c. by force of these presents and which shall remain or be in her or their hands custody or possession by the true meaning hereof and also that in such case she the said Elizabeth her Executors c. shall from time to time in the mean time after Solemnization of the said Marriage pay and deliver to the said T. G. all such Rents Issues and Profits of the said Mannors Lands Tenements Moneys and Debts as shall come to her or their Hands or Custody and also upon further trust and confidence in the said Elizabeth B. reposed that in case the said Marriage take effect and the said T. G. happen to depart this transitory life before the said P. B. and before he shall have assured or caused to be assured to the said P. B. any Mannors Messuages Lands Tenements or Hereditaments of the value aforesaid and in form aforesaid that then in such case she the said Elizab. B. her Executors c. shall and will not only re-grant re-assign and set over to the said Ph. B. all the said Mannors Messuages Lands Tenements and Premises before hereby granted or assigned by the said Ph. B. as aforesaid for all such time and times term and terms respectively as shall be then therein to come and unexpired discharged of all other Grants and Incumbrances made or done by the said Elizabeth B. her Executors c. except such as she shall make or do by the consent of the said P. H. but also re-grant and re-deliver to the said Phil. her Executors or Assigns all such Moneys Jewels Bonds Specialties Debts and other Goods and Chattels whatsoever as in the mean time shall come to the Hands or Custody of the said Eliz. her Executors or Assigns by force of these presents and which shall remain or be in her or their Hands Custody or Possession by the true meaning of these presents and the said T. G. for himself his Executors c. doth covenant promise grant and agree to and with the said Eliz. B. her Executors c. by these presents that neither he the said T. G. nor his Heirs c. nor any other person or persons claiming
or Writing shall be made by the said Edward Lord Herbert as aforesaid for the Joynture of any such Wife or Wives or number of years determinable upon her or their life or lives as aforesaid according to the true intent and meaning of the same Indenture Deeds and Writings and of these presents And it is hereby declared and agreed by and between the said Parties hereunto that the said sum of 1000 l. herein before mentioned or such less sum as aforesaid to be paid by the said Edward Lord Herbert to the said Richard Eaton as aforesaid shall go and be employed upon the trust herein after following viz. in case the Debts and Sums of Money mentioned in the Schedule hereunto annexed be not then paid then the same or so much thereof as shall be sufficient to pay and satisfie such of the said Debts or Sums of Money mentioned in the said Schedule hereunto annexed as the said Jo. Earl of Bridgewater and Edward Herbert party to these presents or the Survivor of them and his heirs shall think fit shall be disbursed and employed to that purpose and after the said Debts and Sums of Money or such of them as the said Jo. Earl of Bridgewater and Edward Herbert shall think fit shall be paid or satisfied then the surplusage if any be of the said One thousand pounds or such less sum as aforesaid shall be disposed and employed for the purchasing and buying of Lands Tenements and Hereditaments to be setled on the said Edward Herbert party to these presents for and during the term of his natural life and after his decease to the use and behoof of such person and persons and in such manner and form as the said Lands Tenements and Hereditaments in the County of Monmouth herein before limited to the said Richard Herbert party to these presents for his life with remainder over are limited estated and setled Provided alwayes and it is covenanted granted condescended concluded and agreed by and between all the said parties to these presents and the true intent and meaning of them and every of them and of these presents is that if the said Richard Herbert party to these presents or some other person or persons to whom any Estate is hereby limited or intended to be limited of and in the said Mannors Lands Tenements and Hereditaments within the Kingdome of Ireland or any of them their or some of their heirs or assigns or some of them shall not within two years next after the decease of the said Edward Lord Herbert well and truly pay or cause to be paid of the said Edward Herbert Son of the said Edward Lord Herbert if he the said Edward Herbert Son to the said Edward Lord Herbert shall so long live the sum of 2000 l. of c. that then and immediately after such default of payment all and every use and uses herein before limited and declared as for and concerning all and every the Mannors Lands Tenements and Hereditaments within the Kingdom of Ireland shall cease and be void and then also and from henceforth the said recovery and recoveries so as aforesaid or in any other sort to be had and suffered and the Recoverer and Recoverers therein named his and their heirs shall stand and be seized of and in all and singular the Mannors Lands Tenements and Hereditaments with their appurtenances within the said Kingdom of Ireland to the use and behoof of the said Edward Herbert Son of the said Edward Lord Herbert his heirs and assigns until he or they shall and may out of the Rents Issues and Profits thereof have fully levied and received the said sum of 2000 l. together with consideration after the rate of 8 l. per centum per annum for the forbearance thereof from the end of the said two years next ensuing the death of the said Edward Lord Herbert and all Damages Costs and Charges which he the said Edward Herbert Son of the said Edward Lord Herbert his Heirs Executors or Administrators shall sustain to be put unto in or about the recovery of the said premises or of the said sum of 2000 l. or any part thereof or in or about any Suit concerning the same Provided also and it is covenanted granted condescended concluded and agreed by and between the said parties to these presents and the true intent and meaning of them and every of them and of these presents is That it shall and may be lawful to and for the said Richard Herbert party to these presents by Indenture or by any Deed or Deeds Writing or Writings indented or poll to be by him the said Richard Herbert party to these presents sealed and subscribed in the presence of two or more credible Witnesses to declare limit or appoint all or any of the said Mannors Lordships Messuages Lands Tenements Hereditaments and Premises in the Kingdom of Ireland to and for the Joynture of any Wife or Wives which he the said Richard Herbert shall hereafter happen to marry or to take to Wife for and during the natural life or lives of such Wife or Wives or for any number or term of years determinable upon her or their life or lives the same to take effect upon the decease of the said Edward Lord Herbert and Richard Herbert and the Survivor of them to be subject to the use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert and his Heirs in the manner aforesaid and then and from thenceforth the said recovery and recoveries shall be and enure and the Recoverer and Recoverers therein named his and their Heirs shall stand and be seized of and in the said Mannors Lordships Messuages Lands Tenements Hereditaments and Premises in the Kingdom of Ireland with the rights members and appurtenances thereof or of or in or so much or such part thereof for or concerning which such Indenture Deed or Writing shall be made by the said Richard Herbert as aforesaid for the life of any such Wife or Wives or number of years determinable upon her or their life or lives as aforesaid according to the true intent and meaning of the said Indenture Deeds or Writings and of these presents subject nevertheless to the said use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert his Heirs and Assigns in manner aforesaid Provided also and it is nevertheless covenanted concluded condescended and agreed by and between the said Parties to these presents that it shall and may be lawful to and for the said Richard Herbert party to these presents at all or any time or times hereafter during his natural life being then actually seized of the immediate estate of Free-hold in possession of or in the said Mannors Lands Tenements Hereditaments and Premises or any of them by virtue or means of the said Recoveries or any of them and of these presents or of any the limitations of uses herein limited to demise or to Farm-let by Indenture
Kingdom of England and the Reversion and Reversions Remainder and Remainders of all and singular the said premises and all Rents and yearly Profits reserved due or payable by or upon any Demise Lease or Grants Demises Leases or Grants made of the said premises or any part thereof and all the estate right title interest claim and demand whatsoever of him the said J. W. of in and to the same premises and every or any part or parcel thereof and also such Deeds Charters c. To have and to hold the said Mannors Messuages Farms Tenements and Rectory and all and singular other the premises before by these presents granted or mentioned meant or intended to be granted with their and every of their appurtenances unto the said A. B. C. D. c. their Heirs and Assigns for ever to the uses intents and purposes hereafter in these presents limited expressed and declared and to none other use intent or purpose that is to say as for touching and concerning the said Mannor Capital Messuage and Farm of Burnet and all Lands Meadows Pastures c. And the said Rectory and Parsonage of Chewion alias Chewton and with the rights members and appurtenances thereof and all and all manner of Tythes of Corn Hay and Wooll and all Obligations Obventions Profits Commodities and Hereditaments whatsoever coming growing yearly renewing or happening in Chewton aforesaid or else-where to the said Rectory or Parsonage belonging or in any wise appertaining and the said Messuage or Tenement c. and the said three Messuages or Tenements c. and all Cellars Sollers Houses c. and the Reversion and Reversions thereof c. and all Rents and Services thereunto belonging or in any wise appertaining to the use and behoof of J. W. and his Assigns for and during the term of the natural life of the said J. W. without impeachment of or for any manner of waste and after the decease of the said J. W. then to the only use and behoof of the said Rachel for and during the term of her natural life for and in the name of her Joynture and in full recompence of her Dower and title of Dower which she the said Rachel shall or may have of or to the Lands Tenements and Hereditaments of the said J. W. and after the decease of the said J. W. and Rachel then to the use and behoof of the Heirs of the body of the said J. W. lawfully begotten or to be begotten and for default of such Issue to the use and behoof of the said A. B. C. D. c. their Heirs or Assigns for ever upon this hope trust and confidence nevertheless in them reposed by the said J. W. that they the said A. B. C. D. c. and the Survivors and Survivor of them and his and their Heirs and Assigns and at all times after the ending of the said Estates of the said J. W. and Rachel his wife of and in the said Mannors and Premises to them above-limited make such Grants and Conveyances of the same and dispose distribute and employ the Rents Issues and Profits thereof to such person and persons and in such manner and form as the said J. W. by his last Will and Testament in writing by him to be subscribed with his own hand and sealed with his Seal in the presence of three or more Witnesses or by any other writing to be by him subscribed and sealed in the presence of so many Witnesses as aforesaid shall nominate declare or appoint and for and in default of such nomination or appointment then that the persons trusted and the Survivors and Survivor of them his and their Heirs and Assigns shall convey and assure the said Mannor and Premises to and on the right Heirs of the said J. W. for ever and as for touching and concerning all other the said Messuages Lands Tenements and Premises residue with the appurtenances whereof no use is before by these presents limited or declared to the use and behoof of the said J. W. and of the Heirs of his body lawfully begotten and to be begotten and for default of such Issue to the use and behoof of the said A. B. C. D. c. their Heirs and Assigns for ever upon the like hope trust and confidence in them reposed that they the said persons trusted and the Survivors and Survivor of them and his and their Heirs and Assigns at all times from and after such time as the said J. W. shall be dead without Heir of his body shall make such Grants and Estates of the said Lands and Premises residue c. or any part or parts thereof and distribute dispose and employ the Rents Issues and Profits thereof to such person and persons and in such manner and form as the said J. W. by his last Will and Testament in writing to be by him subscribed with his own hand and sealed in the presence of three or more witnesses or by any other writing to be by him subscribed and sealed in the presence of so many Witnesses as aforesaid shall nominate declare limit and appoint and for and in default of such nomination or appointment then that the said person or persons trusted and the Survivors or Survivor of them his and their Heirs and Assigns shall convey and assure the same Lands and Premises residue with the appurtenances to and upon the right Heirs of the said J. W. for ever Provided always and it is fully and plainly convenanted concluded and agreed by and between the said Parties to these presents for them their Heirs and Assigns that it shall be lawful to and for the said John W. and that the said J. W. shall have full power and authority from time to time and at all times hereafter at will and pleasure by his Deed or Deeds in writing to demise grant and to farm-let all or any the said Mannor Messuages Lands Tenements and Hereditaments and every or any part or parts thereof as well in possession as in reversion or in possession or in reversion unto any person or persons for one two or three lives or for any number of years whatsoever by and under such Rents Reservations Covenants Conditions Limitations and Agreements as to him shall seem meet or without any Rent Reservation or Condition at his will and pleasure at that when and as often as any such Demise Grant or Lease shall be so made by the said J. W. of the premises or any part or parts thereof the said parties trusted and every of them and the Survivors and Survivor of them and every of them and his and their Heirs and Assigns shall stand and be seized of such part parts and parcels of the said Mannor Messuages Farms Tenements Rectory and Premises as shall be so demised leased or granted immediately from and after every such Demise Lease or Grant made to the use and behoof of every such person and persons to whom any such Lease Demise or Grant shall be so made and
of their Executors Administrators and Assigns repectively only for and during the continuance of the estate and estates term and terms interest and interests to be limited and expressed in such Lease Demise or Grant under such Rents Reservations Condition and Conditions Limitation and Limitations as in or by such Leases Demises or Grants shall be limited expressed or contained respectively according to the intent purport and true meaning of every such Demise Grant and Limitation and of the Reversion and Reversions Rents and Services reserved and depending upon the same Leases and Grants and also after the end and expiration of every such Demise Lease and limitation to be made and as the same shall respectively end and determine then from time to time of all and every such part and parts of the premises as shall be so demised leased or limited as aforesaid to the use of such person and persons and in such manner and form and of such Estate and Estates with such Remainder and Remainders over as are before herein and hereby limited appointed and declared and to none other use intent or purpose Provided likewise and it is further covenanted concluded condescended unto and agreed by and between the said Parties to those presents that if the said J. W. do and shall at any time or times hereafter in or by any Writing under his Seal and by him subscribed with his Hand in the presence of three or more Witnesses signifie and declare that he is minded to alter change revoke determine frustrate or make void all or any the uses or estates hereby made limited or appointed that then and from thenceforth all and every such use and uses estate and estates whereof or concerning which he shall so signifie or declare his said mind as aforesaid shall respectively be frustrated void revoked determined and of no force or effect only of for and concerning all such and so much of the said Mannor Rectory Farms Lands and Premises before herein mentioned whereof he the said J. W. shall so signifie and declare his mind as aforesaid and then and from thenceforth this present Feossment and Grant shall enure and be and the said A. B. C. D. c. and their Heirs shall stand and be seized of for and concerning all such and so much of the said Mannors Lands and Premises whereof or concerning which he the said J. W. shall so signifie and declare his mind as aforesaid to the only use of such person and persons and of and for such Estate and Estates and with such Remainder and Remainders thereof over and for upon and under such Conditions and Provisoes and in such manner and form as the said J. W. shall by any such writing or writings by him to be subscribed and sealed as aforesaid limit or appoint any thing in these presents contained or any other matter or cause to the contrary thereof in any wise notwithstanding In witness c. Note This precedent Deed was executed with Livery and Seifin and attornment the Livery being severally made in the several Counties aforesaid The Donor made his Will and thereby devised to the Mayor and Commonalty of B. several Annuities to be issuing out of the Lands granted by the precedent and appointed the same to be imployed to Charitable Uses and constituted Rachel his Wife Executrix and dyed without Issue The Executrix proved his Will THe Sisters and Sisters Children of the Donor as Heirs at Law question the validity of the Deed whereupon the Mayor Commonalty and Feoffees in trust exhibit their Bill in Chancery against the Co-heir and Executrix and afterwards the matter coming to the hearing by Decree the Deed and Uses are confirmed A Condition to pay money weekly THe Condition c. That if the within-bound A. B. C. D. E. F. and G. H. or any of them or the Executors Administrators or Assigns of them or any of them do truly pay or cause to be paid to the within-named M. P. and J. G. or either of them or to the Executors Administrators or Assigns of them or either of them at or in the c. the sum of 4 l. of c. in manner and form following that is to say every week weekly on the Saturday in every week one next and consequently ensuing another the sum of two shillings until the said sum of 4 l. shall be fully satisfied and paid the first payment thereof to begin and to be made on Saturday next being the twenty day of this instant Moneth of September within-written that then c. but if default shall be made of or in any of the payments that then c. A Condition to pay a sum of money and three years payment given THe Condition c. That if the within-bound J. W. his Executors Administrators or Assigns or any of them do truly pay or cause to be paid to the above-named J. P. his Executors Administrators or Assigns the sum of 7 l. and 10 sh of good and lawful money of England at or in the c. in manner and form following that is to say on the third day of Jan. which shall be in the year of our Lord 1632. 50 sh thereof on the third of Jan. which shall be in c. 1633. 50 sh more thereof and on the third day of Jan. which shall be in c. 1634. 50 sh residue of the said sum of 7 l. 10 sh without fraud or delay that then this c. but if default shall be made of or in any of the said payments in part or all then this c. A Condition to perform Covenants in a Lease and not to seek for a new Lease from the chief Landlord THe Condition c. That whereas the within-named M. H. by her Indenture of Lease bearing date the day of the date within-written hath leased unto the within-bound E. M. part of a Messuage or Tenement called the Peter and Paul scituate in Pater-noster-Row in the Parish of St. Michael at Quern in London from the Feast of the Nativity of St. John Baptist last past before the date within-written for the term of twenty one years as by the said Indenture of Lease may appear if therefore the said E. M. his Executors Administrators and Assigns and every of them do well and truly observe perform fulfil and keep all and singular the Covenants Grants Articles Conditions and Agreements specified and declared in the said Indenture of Lease which on his or their parts are or ought to be observed performed fulfilled and kept in and by all things according to the tenor purport effect and true meaning of the said Indenture And further if the said E. M. his Executors Administrators nor Assigns nor any other person or persons whatsoever for him or them or by his or their or any of their means occasion or procurement do directly or indirectly procure get or obtain or endeavour to go about to procure get or obtain any Lease or Grant from the Mayor Commonalty
That if the within-named J.M. his Heirs and Assigns and every of them shall and may for evermore from henceforth peaceably and quietly have hold occupy possess and enjoy all that Messuage Tenement and Lands scituate lying and being in c. and every part and parcel thereof mentioned to be bargained and sold by the within-bound R.W. to the said J.M. in and by a certain Indenture of bargain and sale bearing date the day of the date within-written made between the within-bound R.W. and A. his wife on the one part and the above-named J.M. on the other part clearly discharged or otherwise sufficiently saved harmless of and from all and all manner of estates titles charges and incumbrances whatsoever at any time heretofore had made committed permitted suffered or done by the said W. or by his means or procurement that then c. A Condition to pay a yearly sum of Money for a Wives Joynture during her life THe Condition c. That if the above-bound P. P. his Heirs Executors Administrators or Assigns or any of them do well and truly pay or cause to be paid unto K. the now wife of the said T. P. for and in the name of her Joynture yearly and every year for and during the term of the natural life of the said K. if she shall survive and over-live the said T.P. her Husband the yearly sum of c. at Four most usual Feasts in the year that is to say at c. by even and equal portions the first payment thereof to begin and to be made at the Feast of the said Feasts which shall first and next happen after the death of the said T.P. if she the said K. shall be then living and also if when any of them the Sureties of the said T.P. shall happen to die or depart this natural life the said K. living the survivor of them within one moneth next after his death shall procure one sufficient Surety to become bound with the then surviving Obligor in the like sum and under the same condition and so from time to time during the life of the said K. upon the sealing and delivery of every which new Bond the former Bond to be delivered to the survivor to be cancelled that then c. A Condition to endeavour to discharge an Obligation by a day THe Condition c. That if c. do and shall use his best endeavour for and in discharge of one obligation bearing date the c. wherein the within-named D.W. and B B of c. are and stand bound unto the said M. B. deceased in the sum of 100 l. for payment of 52 l. at a day already past and do thereof acquit and discharge the said D.W. and B. B. and either of them their and either of their executors administrators and assigns of and from all actions sutes troubles costs and charges whatsoever of for and concerning the said Obligation or sums of money therein contained that then this c. A Condition reciting an absolute bargain and sale is made to one for the Indempnity of a Bond if the money be paid upon the Bond the Grantee is bound to re-assure THe Condition c. That whereas the within-named J. T. by his deed indented bearing date the day of the date within written for the indempuity discharge and saving harmlesse of the within-bound Sir M. W. his Heirs Executors and Administrators of for from and conderning one Obligation bearing date the c. within-written wherein the said Sir M. W. for the only debt of the said J. T. together with the said J. T. is and standeth bound unto 〈◊〉 Esq in the sum of c. with condition for payment of c. on 〈◊〉 c. next coming hath granted bargained sold and confirmed unto the said Sir M.W. his Heirs and Assigns for ever all that Close c. with the appurtenances called or known by the name of c. scituate lying and being in c. as by the same deed inrolled in the High Court of Chancery amongst divers other things therein contained may more at large appear If therefore the said Sir M W. his Heirs or Assigns in whom the estate of the before-mentioned premisses is or shall be vested or setled do and shall upon reasonable request to him of them to be made in that behalf by the said J. T. his Heirs or Assigns after that the said J. T. his Heirs Executors Administrators or Assigns shall have paid the said 104 l. and acquitted and discharged the said Sir M.W. his Heirs Executors Administrators and Assigns of and from the said Obligation and the sum and sums of money therein contained at the costs and charges in the Law of the said J.T. his heirs or assigns re-convey and re-assure unto the said J.T. his Heirs and Assigns for ever the said Close called c. with the appurtenances with warranty therein to be contained against the said Sir M.W. his heirs and assigns only so as he or they be not compelled to travell for the making of the said assurance further than the place of his or their abode and residence at the time of such request made that then c. A Condition reciting a Surrender of Land upon condition that if the money be not paid according to the condition the Obligor may enjoy the Lands c. THe Condition c. That whereas the within-bound T. J. hath the day of the date within-written surrendred into the hands of the Lord of the Mannor of H. in the County of c. out of Court by the hands of A. B. and C. D. two of the customary Tenants of the said Mannor according to the custom of the said Mannor one Messuage or Tenement c. with all and singular their and every of their appurtenances now or late in the tenure or occupation of the said T.J. his assign or assigns to the onely use and behoof of the within-named F.A. and of his Heirs and Assigns for ever according to the custome of the said Mannor nevertheless upon condition of non-payment of c. at or in c. as by the same Surrender more at large appeareth If therefore the said F. A. his Heirs and Assigns and every of them shall or may from time to time and at all times for ever from and after default made in payment of the said sum of c. at the day and place appointed for payment thereof as aforesaid lawfully peaceably and quietly have hold occupy possess and enjoy the same Messuage or Tenement Lands and all and singular other the premisses in and by the said surrender mentioned and expressed clearly and absolutely acquitted and discharged or otherwise by the said T. J. and his Heirs sufficiently saved and kept harmless of and from the Joynture Dower and Thirds of K. now Wife of the said T. ◠to be claimed or challenged of or in the said premisses or any part thereof and of and from all and all manner of former and
hereafter and from time to time clearly acquit exonerate and discharge or otherwise well and sufficiently save and keep harmless and indempnified the above-named I. E. his Heirs Executors and Administrators and his and their goods chattels lands tenements and hereditaments and every of them of and from all debts duties bills bonds specialties and demands whatsoever which at any time and times hereafter shall and may be duly and lawfully demanded or recovered of or from the said I. B. his Heirs Executors and Administrators by any person or persons whatsoever for or by reason of any reckoning duty specialty debt or demand whatsoever due owing or payable by the above-named R. T. deceased to any person or persons whatsoever and also of and from all costs charges sutes arrests judgements executions and demands whatsoever which shall or may happen come grow to be unto or against the said I.B. his Executors Administrators or any of them for upon or by reason thereof and also if A. T. daughter of the said E. T. and such persons as she shall intermarry withall within one month next after she the said A. shall be lawfully married or shall accomplish her full Age of Twenty one years which shall first or next happen do and shall make seal and deliver as his her or their act and deed a good sufficient and lawful acquittance discharge and release under his her or their hands and seals unto the said I. B. his Executors and Administrators of for or concerning all sum and sums of money gifts legacies bequeaths and demands whatsoever given and bequeathed unto the said A. in and by the last Will and Testament of the said R. T the same release to be made in such manner and form as by the said I.B. his Executors or Administrators or his or their Councel shall be reasonably devised or required that then c. A Condition from a Goaler to an under-Sheriff for saving harmless THe Condition That if the above-bounden A. B. Deputy-Goaler to T.T. Servant to c. do from time to time receive and take into his ward and custody within the Goal at the Castle of Lancaster in the County of Lancaster aforesaid all such person and persons prisoner and prisoners which shall fortune to be committed or sent to the said Goal or committed to the ward and custody of the said Goaler by the said Sheriff or his Deputy or by any Justice or Justices of Peace or by any other having lawfull authority to commit persons or prisoners to the said Goal and the same person or prisoners so committed as aforesaid do well and truly duly and sufficiently by his own proper person or by his sufficient Deputy or Deputies so keep that the said Sheriff his Heirs and Executors all the Lands Tenements Goods and Chattels of the said Sheriff be saved harmless from all losses penalties amerciaments and damages whatsoever as well against the Commonwealth of England as also against all other person and persons of for and concerning the custody and keeping of the said Geal and prisoners within the said Castle of Lancaster or elsewhere in the said County of c. and likewise do discharge save and keep harmless the said Sheriff his Heirs and Executors and all those his Lands Tenements Goods and Chattels from time to time and at all times hereafter of and from all and every escape and escapes as well of convict persons Reprieves and Felons and of all other persons now committed for any contempts condemnations trespasses or misdemeanors which may happen or chance hereafter to be committed to the said Goal for any the causes aforesaid during the time the said A.B. shall be Deputy or Goaler to the said T. T. and the said T.T. continue Sheriff And likewise that if the said A.B. or any other by his consent privity or appointment in any wise let to bail or mainprize any prisoner or prisoners to him committed as aforesaid not bailable by the Lawes of the Realm without the special commandment or appointment of the aid Sheriff and if the said A. B. or his sufficient Deputy be ready to give his attendance upon the said Sheriff and his Deputy at all times necessary and convenient and all and every lawful thing and things that he shall be required to do by the said Sheriff or his Deputy touching or concerning the c affairs and businesse wherewith the said Sheriff is or shall be charged or imployed in or about the keeping of the said Goal or Prison that then c A Release of Recognizance assigned to one TO all Christian People c. P. V. of London Merchant stranger sendeth greeting in our Lord God everlasting That whereas the Right Honourable W. Earl of Derby Lord Stanley Lord of Man and the Isles T. Ireland of Grayes-Inn in the County of Middlesex Esq H. C. of Knowsley in the County of Lancaster Gent. and H. Adys of Button in the County of Dorset Gent. by other writing of Recognizance or Statute-Staple bearing date the sixth day of July c. taken and acknowledged before Sir J. P. Knight Lord Chief Justice of England stand bound to Peter H. Citizen and Alderman of London in 3200 l. of c. payable as in and by the same Writing of Recognizance or statute more at large doth appear And whereas the said Peter H. by his sufficient Deed or Assignment in writing bearing date the five and twentieth day of c. in the c. did for divers and certain considerations him thereunto especially moving grant assign and set over unto me the said P. Vanloor as well the said Recognizance or Statute and the said debt of 3200 l. and all his said right title and interest which he the said Peter Houghton then had or ought to have had in and to the same to have and to hold the said Recognizance or Statute and the said debt of 3200 l. aforesaid and all his said right title and interest in and to the same unto the said P. V. my executors and assigns as our own proper goods and chattels for ever as by the said Assignment amongst other Covenants and Clauses therein contained more fully at large it doth and may appear Now know ye That I the said P. V. for divers good Causes and Considerations me hereunto especially moving have remised released and quit-claimed and by these presents for me my executors administrators and assigns and every of us do remise release and for ever quit-claim unto the said Henry Adys his Heirs Executors Administrators and Assigns and every of them the Recognizance or Statute aforesaid and the penalty and forseiture thereof and also all and all manner of Actions Arrests Extents Judgements Executions Condemnations Liberates Seizures Debts and demands whatsoever which I the said P. V. or the said P. H. or either of us now have shall may might or ought to have against the said H. Adys his Heirs Executors Administrators and Assigns or any of them or his their or any
or through any act means consent privity of concurment And I the said O. Lady S. do covenant promise grant and agree to and with the said Sir T. L. and his assigns by these presents That it shall and may be lawful to and for the said Sir T. L. and his assigns from time to time and at all times hereafter during my natural life as occasion shall be offered to have and take as well all and every the Nets and other Engines and Instruments of what kind soever as also all the Dogs and Spaniels of whatsoever sort or kind of all or any persons whatsoever that shall at any time or times hereafter hawk hunt fish or fowl within or upon the said Lordship or Mannor of M. super S. or within or upon any part or parcel thereof without the license or consent of the said Sir T. L. or his assigns or some of them thereunto first had and obtained he the said Sir T. L or his assigns delivering or causing to be delivered unto the Bayliff or Steward for the time being of me the said O. Lady S. of the said Mannor or Lordship of M. super S. the aforesaid Nets Engines Instruments and Dogs so to be taken as aforesaid to be used bestowed and imployed to and for the use and behoof of me the said O. Lady S. in such manner and form as I the said Lady S. or my assignes shall think fit In witnesse c. A Lease of Cole-Mines THis Indenture made the c. between J.L. of c. and A. B. of c. witnesseth That the said I. L. for and in consideration of c. hath demised granted and to farm-letten and by these presents doth c. unto the said A.B. all and all manner of Mines Pits and Veins of Cole now open and known or that may be found out by digging finking or otherwise howsoever lying or being in certain Lands called or known by the name of c. within the Mannor of c. with free liberry to and for the said A.B. his executors and assigns from time to time and at all times during the term hereafter mentioned to dig search sink trench and mine in and upon the said Lands called W. and every part and parcel thereof at his and their wills and pleasure for the searching out having and taking up of Coles and the same so trenched digged and found to take and carry away from time to time and at all times during the term by these presents demised except and always reserved unto the said J.L. his Heirs and Assigns all and all manner of quarries heretofore demised by the said J. L. to C.D. of c. To have and to hold the said Mines and Pits of Coles with free liberty of digging trenching searching and carrying away the same with all and singular other the premisses except before excepted unto the said A. B. his Executors Administrators and Assigns from the Feast of c. unto c. yielding c. and if it happen the said yearly rent of c. to be behind c. and the said A.B. for himself c. covenanteth c. That he the said A. B. his Executors Administrators or Assigns at his and their own proper costs and charges shall and will from time to time and at all times hereafter during the said term of c. so long as any such Mine or Pitt shall be digged or trenched for searching out of Coles as aforesaid fill up the said Mine or Pitt with meaner Earth and then level the same in such sort again as the same may not be to the annoyance of the Occupiers of the said Lands called W. or any of them In witnesse c. A Letter of Licence TO all Christian People to whom these presents shall come We A. B. of London Alderman R. L. J. D. and J. P. Merchants c. send greeting in our Lord God everlasting Whereas J. C. Citizen and Vintner of London for and by reason of the Commerce divers Contracts Agreements and other causes between him and us the above-named persons passed and had standeth and is severally indebted unto the said A.B. R. L. I. D. and I. P. and others in divers and sundry great Sums of Money as by several Obligations and Writings under his Hand and Seal unto us severally made and otherwise it doth and may appear Now know ye That we the said A. B. R. L. I. D. and I. P. and the rest for divers and many good and charitable causes and considerations us especially moving have given and granted and by these presents do give and grant full licence and liberty unto the said I. C. quietly and freely to go about attend and negotiate as well his own private affairs businesse and causes as also all other matters and things whatsoever he hath or shall have or do for any other person or persons whatsoever as well within the City of London as within all other the c. at all and every time and times from thenceforth for and during the space of c. to begin at the Feast of c. next ensuing the date hereof without any manner of let disturbance molestation stay arrest attachment or sute of his person or of his Goods Chattels Money Merchandizes or of any other Commodities or appurtenances whatsoever by us the said c. or any of us or by the Executors or Administrators of any of us on this side or within the said space time or liberty of c. And we the said c. are not onely contented and agreed to give and grant this our present Licence and respite to the said J. C. for the payment of his said Debts but also every one of us for his part do by these presents freely and clearly release remit quit-claim and forgive unto the said J. C. all and every such Sum and Sums of Money as he the said J. C. at this present doth severally owe unto us in case any of us at any time or times during and within the said space of c. as aforesaid shall do move procure practise by or attempt or cause to be by any wayes or means any manner of act and acts thing or things to be done moved procured practised or attempted against the said J. C. or his Goods Chattels Money Merchandizes or any other of his things whatsoever contrary to the purport true meaning tenour and effect of this our present licence and grant And further our meaning and intent is That after the said c. shall be fully c. expired we do by these presents give and grant license to the said J.C. that if he his Executors Administrators or Assigns do from thenceforth yearly at the end of every year for and during the term of c. pay or cause to be paid unto us the said several Creditors or to the several Executors Admin strators or Assigns of us and every of us the full fourth part of the debt to us and
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
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
wives their Executors or Administrators to whom any such the goods chattels money plate or jewels shall fortune to grow or come shall divide the same into four equal and several parts and shall retain to his or their use one part thereof and the other three parts shall be severally delivered unto the other three parties to these Indentures to their several Executors or Administrators equally within two moneths after they shall fortune to have or come by the possession of any such goods chattels plate jewels money c. In witnesse c. A Defeazance upon a Statute excellently well penn'd it being for the payment of Two thousand pounds at the end of six moneths and of 200 l. per annum during life THis Indenture made the c. day of c. in the c. of our Lord God c. between B. P. of London Widow of the one part and W. P. of London aforesaid Esquire Son unto the said B. of the other part Whereas the said W. P. hath lately sold and conveyed the Mannor of L. in the County of W. and divers Lands thereunto belonging unto Sir W. P. Knight and the said B. P. hath joyned with him the said W. L. in the Fine thereof levied part of which said Mannor and Lands of the value of 200 l. per annum were heretofore setled and assured upon her the said B. for her life for her Joynture by W. P. Esquire deceased her late Husband and whereas the said W. P. is indebted to the said B. the Sum of Two thousand pounds of lawful money of England which hath remained in his hands for some years last past and by agreements between them the said W. P. hath hitherto paid the Sum of 200 l. per annum as interest or consideration for forbearance of the said Money and is still to pay the like Sum so long as the 2000 l. shall remain in his hand And whereas also the said W. P. by one Recognizance or Writing Obligatory of the nature of a Statute of the Staple bearing date the first day of this instant Moneth of April taken and acknowledged before Sir J. B. Knight Lord Chief Justice of the Court of Kings Bench at Westminster according to the form of the Statute in that case made and provided for the recovery of debts standeth bound unto the said B. P. in five thousand pounds of lawfull money of England payable as by the said recited recognizance or writing obligatory more plainly may appear Now this Indenture witnesseth that the said B. P. is contented and pleased and doth for her self her Executors and Administrators covenant promise grant and agree to with the said W. P. his heirs Executors Administrators and Assigns and to and with every of them by these presents That if the said W. P. his Heirs Executors Administrators or Assigns or any of them do pay or cause to be paid to the said B. P. or her Assigns the sum of 200 l. of lawfull money of England yearly for and during the natural life of her the said B. at two usual Feasts or terms in the year that is to say the Feasts of St. Michael the Arch-angel and the Annunciation of the blessed Virgin Mary by even and equal portions or within one and twenty dayes next after either of the said Feasts the first payment thereof to begin at the Feast of c. now next ensuing or within 21 dayes next after the said Feast And likewise if the said W. P. his Heirs Executors or Administrators or any of them do and shall well and truly pay or cause to be paid to the said B. P. her Executors or Administrators or Assigns the sum of two thousand pounds of lawfull money of England within six months next after notice or warning given to that purpose to the said W. P. his Heirs Executors or Administrators by any writing to be subscribed and sealed by the said B. P. her Executors or Administrators in the presence of two credible witnesses or more and shall in the mean time until the payment of the said 200 l. pay or cause to be paid unto the said B. her Executors Administrators or Assigns after the rate of One hundred pounds per annum according to the Agreement aforesaid the same to be paid by 50 l. every half-year and the first payment thereof to be made on the Feast-day of c. or within one and twenty dayes next after the said Feast now next ensuing the date thereof that then the said recited recognizance or writing obligatory shall be void and of none effect or else the said W. P. for him his Heirs Executors and Administrators covenanteth willeth and granteth by these presents that the said recognizance or writing obligatory shall stand and remain in full force and vertue An Assignment of a Statute by an executor to two of the Creditors of the Testator in lieu and satisfaction of their Debts of the same value singularly well draâ—n THis Indenture made c. between I C. of the Inner-Temple London Esquire Son and Administrator of the Goods and Chattels of W. C. late Citizen and Scrivener of London Deceased of the one part and M. W. of London Widow and H. I. of London Gentleman of the other part Whereas the said W. C. at the time of his death stood indebted unto the said M. W. in the Sum of 100 l. principal debt and to the said H. I. in the sum of 200 l. principal debt besides interest of the said debts And whereas Sir T. P. of N. in the C. of D. Knight in and by one recognizance or statute in the nature of a statute-staple bearing date the 20 day of July in the ninth year of the Reign of the late King Charles and made according to the Statute made and proceed for recovery of debts taken and knowledged before Sir R. H. Knight then Lord Chief Justice of his Majesties Court of Common-Pleas at Westminster is and standeth bound unto the said W. C in the sum of six hundred pounds of lawfull money of England payable at the Feast of Saint James the Apostle then next ensuing as by the said Statute more at large appeareth Now this Indenture witnesseth that the said J. C. for and towards the payment and satisfaction of the said debts due unto the said M. W. and H. I. hath given granted assigned and set over unto the said M. W. and H. I. their Executors Administrators and Assigns the said Recognizance or Statute and all his right and interest therein and all actions extents and executions to be had and prosecuted upon the same in as large and ample manner and form as he the said J. C. hath or at any time hereafter may or might have by force of the said Statute And further the said J. C. doth by these presents constiture authorize and make the said M. W. and H. I. his true and irrevocable lawful Atturney and Atturneys joyntly and severally to sâ—e prosecute all manner
of actions sutes demands executions in and upon the said Statute or Recognizance in the name of the said J C. his Executors or Administrators and to receive or recover the said sum of 600 l. in the said Statute mentioned and all other sum and sums of money benefit and advantage which shall or may lawfully be had or gotten upon the said Statute or Recognizance authorizing them and every of them by these presents to retain all such Counsellers and Atturneys for the executing of the said sutes extents and executions as shall be required for the following and furthering of the same and to do and execute all and every other lawfull Act and Acts whatsoever which shall be meet and expedient in and about the premisses and the said J. C. doth for himself his Executors and Administrators covenant promise and grant to and with the said M. W. and J. H. that he the said J. C. his Executors and Administrators shall and will permit suffer allow justifie and maintain all such lawfull actions sutes extents and executions as the said M. W. and H. I. or any of them their Executors or Assigns shall will sue or prosecute for the levying taking and receiving of the said sum of 600 l. contained in the said Statute in the name of the said J. C. his Executors or Administrators and that all sum and sums of money recoveries and executions to be had and obtained upon the same by any Sute Action or Execution or otherwise shall be to the only use of the said M. W. and H. I. to be divided betwixt them proportionably according to their several debts in as large and ample manner and form as the said J. C. might have had the same and that the said J. C. hath not nor he his Executors or Administrators shall not at any time hereafter release or discharge the said debt contained in the said Statute nor any action extent or execution to be had upon the same nor do any act or acts in prejudice of the same And further that he the said J. C. his Executors and Administrators shall at any time during the space of two years next after such time as the said Statute shall be executed by way of extent make or cause to be made to the said M. W. and H. I. their Executors Administrators and Assigns to the only use and behoof of them the said M. W. and H. I. as aforesaid upon reasonable request and at the costs and charges in the Law of them the said M. W. and H. I. their Executors Administrators or Assigns all such reasonable assurance and conveyance of the Land which shall be extended and put in execution upon the said Statute as shall be reasonably devised by the said M. W. and H. I. or either of them their Executors Administrators or Assigns or their or any of their Counsel learned in the Law discharged of all incumbrances done by the said J. C. his Executors or Administrators In witnesse c. PRESIDENTS FOR Bills Answers Replications Demurrers Rejoynders c. in Chancery A Bill to be relieved against Bonds being but a Surety and for obtaining an Injunction To the Right Honourable Sir Orlando Bridgeman Knight and Baronâ— Lord Keeper of the Great Seal of England IN all Humbleness Complaining sheweth unto your good Lordship your daily Orator J. S. c. That whereas about a year now last past your said Orator having but lately before attained to his full Age of 21 years and being in possibility of good means from his Father was inveigled and drawn in by one J. H. of I. Goldsmith and one G. B. whom the said H. used for his Instrument therein and did at their solicitations and perswasions and upon their promises to supply your Orator with Money for his then present occasions enter into and became bound together with the said B. and one I. I. then a stranger to your Orator unto the said I. H. in and by two several Bonds of Obligations the oneâ—â— them bearing date in or about c. being of the penalty of 20 〈◊〉 with condition for the payment of 100 l. or thereabouts at Sâ—â— Moneths then following or some other time in the said Conditioâ— mentioned now long since past and the other of the said Bonâ—â— bearing date c. at the time of entring into which said Bonds yoâ—â— Orator was confidently told and promised as well by the said G. B. as by the said J. H. that he your said Orator should have for 〈◊〉 own use all or the greatest part of the Money mentioned in thâ— several conditions thereof and that he should not be compelled 〈◊〉 repay unto the said J. H. any more Money but only so much as he should receive upon the Security of the said Bonds and the interest thereof after the rate allowable by the Statute and that he should not be troubled with any payment untill he well were enabled by his Fathers means to discharge it which moved your Orator the more willingly to enter into the said Bonds he presuming that he should have had his want of ready Money supplied thereby but after your Orator had entred into sealed and delivered the said Bonds he could not get nor did receive of or from the said J. H. the Obligee or any other any Money at all or other thing whatsoever nor was there any Money at all or other thing of any value disbursed paid or delivered by the said J. H. upon for or in respect of the said Bonds so entred into or either of them but if any Money or Commodities were disbursed or delivered for or upon the said Bonds then was it of small value and that received only by the said G. B. who either converted the same unto and for his own private use or else paid it back and restored it to the said J. H. or whatsoever it were howsoever disposed of yet had not your Orator ever any penny or part thereof and thereof your Orator presumed he should not have been any way troubled sued or molested upon or by reason of the said Bonds or either of them he having not received the Money or any part thereof for which the same were intended nor any consideration at all for or in respect of such intended nor any consideration at all for or in respect of such his entring into the said Bonds but was greatly disappointed for want thereof to his no small hindrance as was and is well known both to the said J. H. and G. B. whom after the entring into the said Bonds your Orator often solicited for the Money thereupon promised unto him and they as often delayed him with promises thereof but to this day your Orator never had nor could get from them or either of them any money commodities or other considerations whatsoever and so was meerly abused by them therein Yet now so it is may it please your good Lordship that the said J. H. and G. B. intending to make a prey of
your Orator and having to that end drawn him into the Bonds aforesaid and being combined and confederated to lay upon him the whole burthen and penalty thereof have the better to effect the same so plotted as that the said G. B. who was and is privy to the whole passage of the business before mentioned and whom the said H. used as his Instrument to draw your Orator into the said Bonds hath lately since the money mentioned in the Conditions thereof become thereby due absented himself with the privity and by the procurement of the said H. and liveth now in remote and obscure places unknown to your Orator but well known to the said J.H. who while the said B. was here present never demanded of your Orator any money at all nor any way questioned him upon the said Bonds or either of them but now the said G.B. who could detect his dealing in the premisses being absent and kept out of the way be the said J.H. upon advantage therein and in pursuance of their plot aforesaid doth now pretend and give out in speeches that the said Bonds were real Securities and entred into for just debts and that your Orator and the said B.B. and I.I. or some one of them had of the said H. Money or Commodities of the value of Money mentioned in the Conditions of the said Bonds which money he pretendeth to be still unsatisfied and the said Bonds thereby forfeited and thereupon he the said I.H. hath of late arrested your Orator and commenceth or threatneth to commence and prosecute several Sutes against him at the Common Law upon the said several Bonds and spareing the said G.B. whom he hath purposely absented bendeth all his force against your Orator and albeit he the said I.I. hath received satisfaction of and from the said B.B. and I. I and of and from some others in their use or in their behalf of and for all the money and Commodities if any other were lent and delivered by him upon the said Bond and knoweth well that your Orator had never any part of such money or Commodity or any consideration at all for or in respect of his entring into the said Bonds but was meerly drawn thereunto upon the promises aforesaid which were never performed unto him yet he the said I.H. continueth still his sute and threatnings of sute against your Orator at the Common Law upon the said Bonds with intent to recover of him the whole penalties thereof and the said B. B. giveth way and furtherance thereunto and will take no course to free and discharge your Orator thereof nor will the said I.H. seek for satisfaction as he ought if any be due unto him at the hand of the said B.B. nor discover where the said B.B. is but both of them by a joynt confederacy between them intend to lay upon your Orator the whole burden and penalties of both the said Bonds and then to share and divide the same between them contrary to all rites and rules of Equity and to your said Orators apparent wrong and supportable hindrance unless he may find redress for the same before your Lordships in the justice and equity of this honourable Court. In tender consideration whereof and of all the aforesaid premisses and for that your Orator is void of all remedy by the course of the Common Laws of this Land to relieve himself in the said premisses and cannot there plead the matter of Equity before alledged nor any other sufficient Plea in Bar or be discharged of the said Bonds and of the Suits there commenced and threatned against him thereupon nor can thereby compel the said B.B. to take any course for your Orators discharge of the said Bonds and there enforce him and the said I.H. to perform and make good unto your Orator their promisses aforesaid for that your Orator hath no such precise proof of the said premisses by witnesses now living extant as the Common Law in such cases requireth but your said Orator is for all those matters before your Lordships in course of Equity properly to be relieved where he hopeth the said I H. and B. B. will upon their Oaths if they may be thereunto called confess their said promisses and the premisses to be true in such sort as aforesaid or if they shall deny the same that yet your Orator shall be able to make such proof thereof by circumstances as may in Equity move your Lordships to relieve him therein Therefore and to the end the said I.H. and B B. may upon their Oaths declare and set down what and how much money or commodities and what sorts and value the said I.H. disbursed lent or delivered upon the security of the Bonds aforesaid and when and to whom and whether he had the same or any part and what part thereof back again and what other satisfaction he the said I.H. hath received for or towards the said Bonds or the money mentioned in the Conditions thereof and for whom and to the end that the said I. H. and G.B. may be ordered to discharge your Orator of and from the said Bonds and that all Sutes at the Common Law thereupon against your Orator may be stayed that the matters concerning the same may be here determined in and by this Honourable Court according to Equity May it please your good Lordship the premisses considered as well to grant unto your said Orator Process of Injunction to be directed to the said I.H. commanding and enjoyning him his Counsellers Attorney or Agents and Solicitors thereby to surcease and stay all Sutes and further proceedings at the Common Law against your Crator upon the Bonds aforesaid or either of them untill the matters of Equity concerning the same be heard and determined in and by this Honourable Court As also to grant unto your Orator his Majesties most gratious writ of Subpoena c. A Bill of Revivor HUmbly complaining c. R. W. of c. brother and heir of W.W. late of W. c. That whereas the said W. W. in his life-time viz. in Easter Term in the Fourth year c. exhibited his Bill of Complaint in this High and Honourable Court of Chancery before your Lordship the tenor whereof followeth in these words To the Right Honourable c. recite the whole Bill verbatim And the said W.C. being accordingly served with Process of Subpoena issuing out of this Court appeared in the said Term c. and upon his Corporal Oath then and there made his answer to the said Bill of Complaint which answer remaineth upon Record in the Honourable Court whereunto your Orator concerning the particular matters and circumstances therein contained prayeth that he may refer himself for more certainty and then in brief shew all the further proceedings in particular since which time may it please your good Lordship that the said W.W. dyed whereby the said Bill Process and whole proceedings thereupon are abated and yet nevertheless the whole right title and
which was to be paid every half year unto the said B. for and during her natural life in case the said F.L. lived who is Survivor and after her decease the said Fourscore pounds per annum to be paid to the said Defendant F.L. for and during his natural life and to such women as he should take to wife in case the said F. married and died before such a wife for and during her natural life for and in lieu of her Joynture with divers other covenants and conditions contained in an Indenture made the c. between the said B.L. F.L. on the one part and the said W.C. on the other part to which this Defendant in all things referreth himself as therein more at large the same doth and may appear And amongst the rest it is covenanted and agreed between the parties to the said Indenture that after the death of the said F. and of his said wife if he did marry then the said One thousand pounds to remain to the issue of their two bodies lawfully begotten and if they have no issue then living then the said One thousand pounds is to go according to the true intent and meaning of the said last recited Indenture and if the other Defendant R.L. this Defendants second Brother should happen to die surviving the said F. then the One thousand pounds is to remain in the hands of the said F for ever and for the better securing of the payment of the said Fourscore pounds per annum and of the said One thousand pounds the said W.C. in and by the said last recited Indenture did grant bargain sell enfeoff and confirm unto the said B. this Defendants mother and to the said F.L. his heirs and assigns for ever all that piece or parcel of pasture-ground lying in C. aforesaid commonly called or known by the name of c. then in the tenure or occupation of this Defendant to which said Indenture this Defendant referreth himself as will more at large appear And this Defendant saith that the said W.C. well knowing that he was thereunto bound by this agreement during his life-time did justly and truly pay the said Fourscore pounds per annum unto the said B. this Defendants mother by half-yearly payments during her life-time who dyed about c. since c. and by and after the decease of the said F. L. this Defendants brother by the advice and counsel of the Complainant himself by this Deed of Assignment with a Letter of Attorney bearing date the c. did for and in consideration of the sum of Eight hundred and threescore pounds part of the said purchase money which the said F.L. did agree to pay unto this Defendant in respect this Defendant joyned in the sale of the said Mannor Lands and Premisses and did enter into a Bond of Fourscore pounds for payment thereof and of other monies to this Defendants brother accordingly did grant and assign unto this Defendant and his heirs and assigns the said Fourscore pounds per annum during the life of this Defendants said brother F. as in and by the said Deed of Assignment relation being thereunto had at large the same doth and may appear And this Defendant saith that after the said Assignment so made unto this Defendant the said W.C. did by himself and his servant and other on this behalf durinig all his life-time pay the said Fourscore pounds per annum to this Defendant and this Defendant is perswaded had not the said W. C. well known that the said Fourscore pounds per annum was due to have been paid by him that he would not have paid the same to this Defendant And this Defendant saith that after the death of the said W. C. I.C. his son and heir or some other on this behalf did pay the same unto this Defendant and this Defendant believeth the Complainant hath some conveyance of the said premisses from the said I.C. but for what consideration this Defendant knoweth not and saith that the Complainant himself sithence the said purchase hath paid the same Defendant and therefore this Defendant conceiveth that he is unjustly troubled touching the premisses And this Defendant saith that therefore under favour this Defendant conceiveth that the said Fourscore pounds per annum and also the said one thousand pounds secured by part of the premisses bargained and sold as aforesaid it being so long before the Statute made for reducing interest money from Eight to six in the hundred and the same Fourscore pounds per annum being as this Defendant conceives due as parcel of the Contract for the said Lands assigned over to this Defendant for great and valuable considerations the same shall not now be insringed broken or repealed for the causes in the Bill mentioned or for any causes whatsoever the rather for that this Defendant and his brother upon the confiderations and conditions aforesaid did bargain and sell the said Mannors Lands and premises at an undervalue without that that any other matter or thing in the said Bill of Complaint contained material or effectual in the Law for this Defendant to make answer unto and not herein before sufficiently answered unto confessed and avoyded traversed or denied is true in such manner and form as in the said Bill is alledged and this Defendant praveth to be dismissed out of this Honourable Court with his reasonable costs and charge in this behalf most wrongfully sustained The beginning and conclusion of a Bill in Chancery To the Right Honourable Sir O.B. Knight and Baronet Lord Keeper of the great Seal of England SHeweth unto your Lordship your Orator E.L. of the City N. in the County of W. Gentleman and M. his Wife whereas c. The conclusion May it therefore please your Lordship to grant to your said Orator his Majesties most gracious Writ of Subpoena to be directed unto the said W.C. thereby commanding him or them and every of them at a certain day and under a certain pain therein to be limited personally to appear before your Lordship in this High and Honourable Court of Chancery to answer the premisses and further to stand unto and abide such order direction and award concerning the same as unto your Lordship shall seem meet and your Orator shall daily pray for the long continuance of your Lordships prosperous estate A Lease of a Mill. THis Indenture made c. between Sir T C. of c. Knight and L. his wife of the one part and T.A. of c. of the other part witnesseth That the said Sir T.C. and L. for and in consideration of the rent and covenants hereafter in these presents expressed and also for divers other reasonable considerations them thereunto moving have demised granted and to farm-letten and by these presents do for them their c. demise grant and to farm let unto the said T.A. all that their Grist Water-Mill and Mills being two Grist Mills under one Roof commonly called or known by the name of S.
the said Lands are or may be charged and for saving him harmless from all damages whatsoever which may or might at any time hereafter happen to fall upon the said T. G. his Heirs or Assigns or or upon any of the said lands and premisses of any other the Lands of the said T.G. for or by reason of any the debts of the said I.C. and W. C. his deceased father or either of them and whereas the said T.G. at the time of the ensealing of the presents at the request of the said R.I. hath paid the said sum of 628 l. to the said I.C. and R.I. or one of them or to such as were appointed by them or one of them to receive the same Now that the said R.L. and I.C. have received the said sum of 628 l. of and from the said T.G. the receipt whereof they do hereby acknowledge and that the same in the last payment and in full satisfaction of and for all the Lands Tenements and Hereditaments which the said I. C. had in the County of O. and which the said T. G. purchased and thereof and of every part and parcel thereof they do clearly and absolutely acquit and discharge the said T. G. his Heirs Executors and Administrators for ever by these presents And in consideration of the premisses the said R. I. and I. C. do for themselves joyntly and either of them for himself severally doth covenant promise and grant to and with the said T.G. his Heirs Executors and Assigns that they the said R.I. and I.C. shall and will from time to time and at all times hereafter save defend and keep harmless the said T.G. his Heirs Executors and Assigns and also all the said Lands and Premisses in C. aforesaid or elsewhere in the County of O. so purchased by him the said T.G. and all others his Lands Tenements Goods and Chattels of and from all loss and damage whatsoever which shall happen arise or befall for or in respect of any the debts of the said W.C. and I.C. or of either of them In witness c. A Proviso to be inserted in a Lease or a power of Revocation reserved PRovided always That if the said c. his Executors or Administrators or any of them shall at any time hereafter pay or tender unto the said W.W. his Executors c or to any other person or persons whatsoever to and for the use of the said W.W. his c. the sum of 12 l. of lawfull money of England to the intent to make void this present Lease and Demise and shall express and declare such his her or their intention either by word or writing that then and from thenceforth this present Lease and Demise shall cease and be void In witness c. A Presentation of a Minister to a Living decording to the Form now used TO all Christian People to whom this present Writing shall come we A.B. and C.D. the true and undoubted Patrons of the Vicaridge or Parish-Church of C. in the County of S. send greeting for as much as the said Vicaridge or Parish-Church is lately by the death of E.F. the late Incumbent there become void and in our full right of Presentation we do therefore hereby present you G. H. Clerk Mr. of Arts unto the Church of C. aforesaid and to the Vicaridge thereof to have hold and enjoy the same with all and every the rights members and appurtenances thereunto belonging according to several former and late Acts of Parliament in this case provided doing and performing the duties of a Pastor belonging to the said Church In witness whereof we have hereunto subscribed our names and set our seals this _____ day of _____ in the Year of our Lord God One thousand six hundred and fifty two A Lease of a Parsonage impropriate for three lives upon surrender of a former Lease with extraordinary Covenants with a Letter of Atturney to deliver possession together with the Execution thereof endorsed THis Indenture made the 5th day of March in the Year of our Lord God 1651. Between R.S. of the City of Oxford Gent. of the one part and W.P. of London Esq of the other part Witnesseth that the said S. W. for divers good causes and considerations him hereunto moving and especially in consideration of a Surrender made to the said W.C. of a Lease now in being for three lives bearing date the 28. of March in the Sixth year of the Reign of the late King Charles made by I.S. father of the said W.S. party to these presents deceased to Sir H.M. deceased of the parsonage of Bray and other things hereafter in these presents mentioned hath demised granted and to farmlet and set to the said W.P. the scite of the parsonage of Bray in the County of B. and all the houses upon the said scite builded arable Lands Meadows Leasows and Pastures Demesnes as well in several as in common to the said Parsonage belonging and all the Rents of all the Tenements of the said W. S. as well Freeholders as Customary Tenants and all the Tithings of Corn and Hay to the said Parsonage belonging with all other the profits and commodities to the said Parsonage belonging or appertaining except and to the said W.S. and his Heirs and Assins alwayes reserved all Wards Marriages Reliefs Escheats Fines Heriots Amerciaments Woods and Underwoods and the Advowson of the Parish-Church of Bray when and as oft as it shall be void To have and to hold the said scite of the Parsonage aforesaid and all the said Houses Lands Meadows Leasows Pastures Tithes and other the premisses with all and singular the commodities and profits thereunto belonging with their appurtenances except before excepted to the said W. P. his Executors Administrators and Assigns for and during the lives of the said W.P. and M.P. his wife and T.P. Son of the said W.P. and for and during the natural life of the longer liver of them or any of them yielding and paying therefore yearly during the said Term unto the said W.S. his Heirs and Assigns Four pounds of good lawfull money of England at four Feasts or Terms of the year That is to say at the Feast of Saint Thomas the Apostle the annuntiation of the blessed Lady Saint Mary the Virgin the Nativity of Saint John the Baptist and St. Michael the Arch-angel by even and equal portions and if it happen the said yearly rent of Four pounds or any part or parcel thereof to be behind and unpaid after any of the said Feasts above limited for payment thereof during the said Term by the space of one month that then it shall be lawfull to and for the said W.S. his Heirs and Assigns into the the said scite and all other the premisses to enter and distrain and the distresses there taken to lead drive and carry away and do detain in the same till the said Rent and the Arrerages thereof if any shall be they shall be fully satisfied and contented and if
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
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.
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-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
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
shall be limited or appointed to come after the said Lord W. his death as aforesaid then if such persons Parties trusted to give security to dispose of the Premisses accordingly his Heirs Executors Administrators or Assigns shall within two years next after the death of the said T. Lord W. well and truly satisfie pay and discharge all the aforesaid debts sums of money Funeral charges Legacies and Bequests which by the true intent and meaning of these presents are limited expressed or intended to be paid for out of or in respect of the said Mannors Lands Tenements Hereditaments and premisses or shall give or make to the said c. or the Survivors or Survivor of them or to the heirs executors or administrators of the Survivors or Survivor of them good and sufficient security for the payment of all the said debts Security to be allowed of by c. sum and sums of money funeral charges gifts Legacies and bequests which by the true intent and meaning of these presents are before expressed to be paid the same security to be approved and allowed of by one of the Lords c. for the time being and any two of the Justices for the time being of the Courts of Kings-Bench or Common-Pleas that then the said W. Lord P. c. and their heirs and the Survivor and Survivors of them and his and their heirs and assigns shall and will at the costs and charges in the Law of such person or persons to whom the said T. Lord W. shall as aforesaid appoint or limit the premisses to come after his death his heirs or assigns convey and assure the said Mannors Messuages Lands Tenements Hereditaments and premisses with the appurtenances to such person or persons his and their heirs and assigns by such good and sufficient Conveyance and Assurance in the Law with several and respective warranty only by every of them the said W. Lord P. c. severally or respectively against themselves and their several and respective heirs as by such person or persons his or their heirs or assigns or his or their Council learned in the Laws of this Land shall be reasonably devised and required Provided alwayes and the true intent and meaning of the said T. Lord W. and of all the parties to the said Recovery and other Assurance and of the parties to these presents and every of them before and at the time of the suffering of the said Recovery and other assurances was and yet is and is so hereby expressed published and declared notwithstanding any thing herein before contained That it shall and may be lawful to and for the said T. Lord W. from time to time and at all times c. A Mortgage THis Indenture made c. between I.F. and E.F. Widow on the one part and J R. of c. on the other part c. witnesseth That the said J. F. and E. F. for and in consideration of the Sum of c. to them in hand before the ensealing and delivery of these presents well and truly paid wherewith they and every of them do acknowledge themselves fully satisfied and paid and thereof and of every part thereof do clearly acquit and discharge the said J. R. his Heirs Executors and Administrators and every of them for ever by these presents Have bargained sold granted aliened and confirmed And by these presents do c. unto the said J. R. his Heirs and Assigns for ever All that Messuage or Inne called or known by the name of the New-Inne with the Back sides back-yard and Garden thereunto adjoyning and belonging situate lying and being in H. aforesaid in the said County of O. on the West-side of a certain Street there called the North-street with all and singular the Houses Edifices Buildings Cellers Sollers Gardens Orchards Profits Commodities and Hereditaments whatsoever to the said Messuage or Tenement called the New-Inne belonging or in any wise appertaining or now accepted reputed letten used or known as part parcel or member of the same Messuage or Inne and now being in the holding or occupation of the said E. F. and her assigns And all the estate right title interest use possession remainder inheritance claim and demand whatsoever of the said J. F. and E. F. of in and to the same Messuage or Inne called the New-Inne and every part and parcel thereof And also all and every the Deeds Evidences Charges Writings Escripts and Minuments whatsoever concerning onely the said bargained premisses or any part or parcel thereof and true Copies of all other Deeds Writings Evidences and Minuments that do concern the bargained premisses or any part or parcel thereof joyntly with any other Lands Tenements or Hereditaments which they the said J. F. and E. F. now have or knowing where they are may lawfully come by without Sute in Law and all and every the Copies aforesaid to be Copied and written forth at the costs and charges of the said J. R. his heirs or assigns They the said J. F. and E. F. for them their Heirs Executors and Administrators do covenant promise and grant by these presents to and with the said J R. his Heirs Executors and Administrators well and truly to deliver or cause to be delivered unto the said J. R. his Heirs or assigns at the now dwelling-house of the said J. R. situate c. within three years next ensuing the date of these presents whole safe uncancelled and undefaced To have and to hold the said Messuage or Inne called the New-Inne and all other the premisses with all and singular their appurtenances before by these presents bargained sold or mentioned or intended to be hereby bargained or sold and every part and parcel thereof unto the said I. R. his heirs and assigns for ever to the only proper use and behoof of the said J. R. his heirs and assigns for ever And the said J. F. and E. F. for them their Heirs Executors and Administrators and for every of them do covenant and grant by these presents to and with the said J. R. his Heirs Executors and Administrators and every of them in form ensuing That is to say That they the said J. F. and E. F. or one of them for and notwithstanding any act or thing by them or either of them done caused or procured or by them or either of them to be done caused or procured to the contrary thereof now are or is and at the execution of the first estate to be had and made of and in the premisses to the said J. R. and his heirs according to the true intent and meaning of these presents shall then be solely seized and very true and lawful owner or owners of the said Messuage or Inne called the New-Inne and all other the premisses before by these presents bargained and sold or mentioned or intended to be bargained and sold of a good lawfull and indiffeazible estate in Fee-simple without any manner of Condition or Limitation of any use or uses
whereas W. P. of c. R. W. F. K. and D.G. of c. being Customary Tenements of the said M. of B. did surrender into the hands of I. G. being Lord of the said M. All and singular the Customary Messuage Lands Tenements and Hereditaments before mentioned To the use and behoof of us the said W.N. and R.F. to the intent and purpose that the said I. G. or other the Lords of the said M. or their Stewards for the time being at the next Court-Baton to be holden for the said Mannor should admit or cause us the said W.N. and R. F. to be admitted Tenants unto all and singular the said c. As by the said Surrender bearing date c. relation being thereunto had may more fully and at large appear Now know ye That we the said W. N. and R. F. for the manifesting of the truth of the said Surrender and for the avoiding and clearing of all questions and doubts which hereafter may arise or grow touching or concerning the said Surrender taken in our names as aforesaid do hereby freely and voluntarily acknowledge express and declare that the said Surrender was made taken and done by the special direction and appointment of the said E.R. in trust to and for the onely use benefit and behoof of him the said E. R. his heirs and assigns for ever and to and for no other use intent or purpose whatsoever And therefore we the said W.N. and R.F. do by these presents freely and absolutely disclaim any other estate right title or interest claim or demand which we or either of us now have or hereafter may or can have claim or demand in or to the said Customary Messuages Lands and Premisses or any part thereof but such as we have only by the trust reposed in us by the Surrender before expressed In witnesse whereof we the said W. N. and R. F. have hereunto set our hands and seals c. A Lease in trust THis Indenture made c. between Sir R.D. of c. on the one part and W. D. of c. R. H. of c. and T. S. of c. on the other part witnesseth That the said Sir R. D. for divers good causes and considerations him moving hath demised granted set and to farm-letten and by these presents doth c. unto the said W.D. R. H. and T. S. their Executors and Assigns All that the Mannor of A. with the rights members and appurtenances thereof in the said County of B. and all Messuages Lands Tenements and Hereditaments whatsoever of him the said Sir R. D. situate lying and being in A. aforesaid in the said County of B. And also all that Close of Land in the Parish of N. in the said County of B. called the Warren-Hill with their and every of their appurtenances And all wayes easements passages profits Commons and Commodities whatsoever belonging to the said Mannor and Premisses and to every or any of them except all Timber-Trees growing on the premisses or any part thereof To have and to hold the said Mannor and all other the premisses with their and every of their appurtenances unto the said W.D. R.H. and T. S. their Executors and Assigns from the Feast of c. last before c. for and during and unto the full end of 24 years c. Yielding a Pepper-Corn c. Nevertheless upon this special trust and confidence and to the intent and purpose that they the said W.D. R.H. and T.S. their Executors and Assigns shall permit and suffer him the said Sir R. D. and his assigns during his life to hold and enjoy the said Mannor and Premisses and to receive and take the Rents Issues and Profits thereof to his and their own use without Impeachment of any manner of waste And also that they the said W.D. R.H. and T.S. their Executors and Assigns from and after the decease of the said Sir R. D. shall permit and suffer J. D. Esq Son and Heir apparent of the said Sir R.D. and his heirs to hold and enjoy and to receive and take the Rents Issues and Profits of the said Mannor and Premisses for so long time as he the said J.D. and his heirs shall permit and suffer M. D. and K. D. Sons of the said Sir R. D. his heirs and assigns severally and respectively to hold and enjoy according to their several and respective Estates and Limitations to them severally and respectively made appointed or to be made and appointed in Trust for them or either of them by the said Sir R. D. their Father of all that the Mannors of E. and T. in T. with their and either of their Rights Members and appurtenances thereof in the said County of B. and all that the Rectory and Parsonage impropriate of T. aforesaid and of all that third part of the Mannor of C. with the Rights Members and Appurtenances thereof in the said County of B. And also to the intent and purpose that if the said J. D. his heirs and assigns shall at any time during the term hereby demised disturb hinder or molest the said M. D. and R. D. the son or either of them their or either of their heirs or assigns in the quiet holding or enjoying of all or any the Mannors Lands Tenements or Hereditaments to them or in Trust for them severally and respectively limited and appointed by the said Sir R. D. their Father as aforesaid or shall crosse or hinder any the limitations or estates made or appointed by the said Sir R. D. to or for the said M. and R. D. as aforesaid whereby or by reason whereof they the said M. D. and R.D. the son or either of them their heirs or assigns shall not or may not quietly hold and enjoy and take the profits of the Mannors Lands Tenements and Hereditaments to or for them or either of them severally and respectively limited and appointed by their Father Sir R.D. as aforesaid That then and immediately from and after such disturbance and hindrance used and done by the said J. D. his heirs or assigns They the said W.D. R.H. and T. S. their c. shall permit and suffer them the said M. D. and R. D. their heirs and assigns severally and respectively to take and receive the Rents Issues and Profits of the Mannor of A. and all other the premisses hereby demised for all such time and terms of years as shall be to come and unexpired at the time of such Disturbance and hinderance made or done by the said J.D. his c. Provided alwayes That if the said Sir R. D. at any time during his life shall be minded to make void these presents and the Estate hereby granted and shall by any writing under his Hand and Seal subscribed in the presence of two credible persons or more declare such his mind and intention for the making void thereof That then from and after such Declaration in writing made and subscribed by the said Sir R.D. as aforesaid This
present Indenture and the Estate hereby granted shall cease determine and be utterly void to all intents and purposes any thing herein contained to the contrary thereof in any wise notwithstanding In witnesse whereof c. A Lease in trust THis Indenture made c. between Sir R. D. of c. on the one part W.D. of c. R. H. and T. S. c. on the other part Witnesseth That the said Sir R. D. for c. setting down the Demise ut supra though of other Lands with the Habendum and Reddendum ut supra Nevertheless upon this special trust and confidence that they the said W.D. R.H. and T.S. their c. shall permit and suffer him the said Sir R.D. and his assigns during his life to hold and enjoy the said Mannor and Premisses and to receive and take the rents issues and profits thereof to his and their own use And also upon this further special trust and confidence that they the said W. D. R. H. and T. S. their c. from and after the decease of the said Sir R. D. shall imploy yearly out of the profits of the said M. and premisses the sum of 50 l. of c. for the Education and bringing up of M. D. Gentleman second Son of the said Sir R.D. for and untill he the said M. shall attain unto the age of nineteen years And also that they the said W.D. R.H. and T. S. their c. from and after the said M. D. shall attain his said age of nineteen years during the residue of the said term shall raise out of the profits of the premisses the sum of 80 l. per annum for and towards the maintenance and for the portion of him the said M.D. And also at the end of the term hereby demised shall and will yield and deliver the rest and residue of all the profits of the premisses by them received or raised unto him the said M.D. or to his issue if any issue of his body be then living And if the said M.D. before his said age shall die without issue that then they the said W.D. R.H. T.S. their c. from and after the decease of the said M.D. without issue as aforesaid shall yield and deliver unto J.D. Esquire eldest son and heir apparent of the said Sir R. D. at his age of nineteen years or to such issue of his body as shall be living at such time as the said J.D. shall have accomplished his said age of nineteen years if he had lived all such rents sum and sums of money as they or any of them shall have received or taken out of or for the said Mannor or Premisses and every or any of them And if the said J.D. before the said age of nineteen years shall die without issue that then they the said W.D.R. H. and T.S. their c. from and after the decease of the said J. D. as aforesaid shall yield pay and deliver unto R. D. Gent. youngest son of the said Sir R. D. at his age of nineteen years or to such issue of his body as shall be then living all such rents sum and sums of money as they or any of them shall have received or taken out of or for the said M. and premisses and every or any of them Cum eadem potentia revocat pro ut ultim specificat In witness c. A Declaration of Trust with a Declaration of uses by the Truster THis Indenture made c. between A. Lady D. of c. Widow on the one part and Sir I. D Sir I.C. Sir R.L. I.C. I.C. T.L. T.I. W.M. and W.G. of c. seperatim on the other part Whereas the said Sir I.D. I.C. and I C. do stand joyntly seized in Fee with the said A. Lady D. of and in all that the Mannor of L. in the County of L. with the rights members and appurtenances thereof and of all that the Capital Messuage or Mansion-house of L. aforesaid and of all and singular Messuages Lands Tenements Tofts Cottages Mills Meadows Closes Pastures Leasows Commons Waste-grounds Furze Heaths Woods Under-woods Waters Moors Wayes Fishings Court-Leets Views of Frank-pledge Waifs Estrayes Royalties Franchises Rents Reversions Services Profits Commodities Liberties Priviledges and Hereditaments whatsoever to the said Mannor or any part thereof belonging or appertaining or reputed deemed occupied or taken as part parcel or member of the said Mannor of L. aforesaid and of all that Messuage with the appurtenances in L. aforesaid in the possession of W. C. or his assigns as by the conveyance thereof to them made by G. A. Esq it doth and may more fully appear And whereas the said T.L. T.I. and W.G. do also stand joyntly seized to them and their heirs of and in all and all manner of Tithes of what nature condition or quality whatsoever and of all Demises Pensions Portions Oblations Emoluments and Profits whatsoever coming growing renewing arising encreasing issuing or going out of any the Lands Meadows Pastures or Woods in L. in the said County of L. or being parcel of the Demeasnes of the Mannor of L. with their and every of their rights members and appurtenances and of all and singular Glebe-Lands Tenements Profits Commodities Emoluments and Hereditaments whatsoever to the Rectory and Parsonage of L. aforesaid belonging or appertaining lying or being amongst the demesne-Demesne-Lands of L. aforesaid and also of all and all manner of Tithes coming growing renewing or increasing in or upon the said glebe-Glebe-Lands Tenements and Hereditaments or any of them and of all other the Tithes coming renewing or increasing in L. aforesaid as by the conveyance thereof to them made by W. C. and G. A. it doth and may appear And whereas the said Sir I. C. Sir R. L. and W. M. do stand possessed and interessed for divers years yet enduring of and in all that Pasture-ground containing by estimation one hundred and twenty Acres be it more or less lying in L. in the Parish of S. in the said County of B. called or known by the name of the Nether ground with the Tenement and all other the Edifices and Buildings thereupon standing as by the Lease thereof to them the said Sir I. C. Sir R.L. and W.M. by I.I. and A. his wife dated the nineteenth day of c. it doth and may appear Now these presents witness and it is hereby declared testified and expressed by all the said parties to these presents that all and every the several parties to these presents do stand so seized and interessed of all and every the premisses respectively only in trust for the said A. Lady D. and to her use and that they the said Sir J. D. Sir I. C. Sir R.L. I.B. I.L. T.L. T.I. W.M. and W.G. and every of them and the Heirs and Executors of the Survivor and Survivors of them shall at the requests and costs of the said A. Lady D convey and dispose the premisses and every of them respectively to such person and persons as
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-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
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
Water-Courses Easements Commodities Advantages and appurtenances thereunto belonging or appertaining and all Writings Deeds and Evidences concerning the said premisses or any of them To have and to hold the said several pieces and parcels of Land Arable Pasture and Wood-ground and all other the premisses with their and every of their appurtenances unto the said G. E. and his assigns from the day of the date of the said recited Indenture of Lease unto the full end and term of two hundred years from thence next ensuing and fully to be compleat and ended without Impeachment of any manner of waste by and under the yearly Rent of one Pepper-Corn if it were demanded with Conditions therein contained that if the said I. S. his Heirs Executors Administrators and Assigns should pay unto him the said G. E. his Executors or Assigns the Sum of 100 pound of currant money of England on c. according to the Condition of a Surrender of certain Copy-hold-Lands dated the day of c. that then from thenceforth thesaid recited Lease to be â—oid as by the said recited Indenture of Lease it doth and may appear That the premisses were forfeited And whereas the said I. S. did not nor hath paid the said moneys according to the said Proviso and Condition by reason whereof the said Lands and Premisses are absolutely come unto and vested in him the said G. E. for all the rest and residue of the said term of 200 years by the foresaid Lease Demised and granted as aforesaid Now this Indenture witnesseth That the said G. E. at the request and by the appointment of the said I. S. and for and in consideration of the Sum of 100 pound of currant money of England to him in hand paid by the said T. L. and the said I. S. for and in consideration of the Summe of 100. pound of currant money to him by the said T. L. in hand paid by the said T. L. the receipts of which several Sums of money they the said G. E. and I. S. do hereby severally acknowledge and thereof do severally acquit and discharge the said T. L. his Heirs Executors Administrators and Assigns and every of them for ever by these presents The Assignment Have Demised granted bargained sold assigned and confirmed and by these presents do joyntly and severally Demise grant bargain sell assign and confirm unto the said T. L. his Executors and Assigns all those the foresaid several parcels of Land Pasture and Wood-ground lately stocked up and premisses with their appurtenances in the said recited Indenture of Lease mentioned and expressed and all their and either of their estate right title interest term for years claim and demand whatsoever of them the said G. E. and I. S. therein and thereunto together with the said recited Indenture of Lease The Habendum To have and to hold all and every the said several pieces and parcels of Land Pasture and Wood-ground with their appurtenances unto the said T. L. his Executors Administrators and Assigns for and during all the rest and residue of the said term and now to come and unexpired in as full and ample manner to all intents and purposes as they the said G. E. and J. S. or either of them may or might hold or enjoy the same by vertue of the said recited Indenture of Lease or otherwise howsoever A Covenant to enjoy the remainder of the term And the said G. E. for himself his c. doth Covenant and grant c. that he the said T. L. his Executors and Assigns shall and may at all times during the said term or residue of the said term and number of years now to come and unexpired quietly and peaceably have hold occupy and enjoy all and every the said parcels of Land Pasture and Wood-ground with their appurtenances without the let suit trouble Expulsion or Eviction of him the said G. E. his Executors and Assigns and of all and every other person and persons whatsoever lawfully claiming by from or under him the said G. E. his estate or title and absolutely freed and discharged from all charges and incumbrances whatsoever done or suffered by him the said G. E. or by his means act or procurement And the said J. S. for himself his c. A Covenant if the number of Acres be wanting so much money to be repaid ut supra That in case the said Lands wood-grounds and premisses hereby mentioned to be assigned together with other parcels of Copy-hold Lands of the said J. S. lying in E. aforesaid and by him the said J. S. sold to him the said T. L. and his heirs shall fall out and appear to be under the quantity of 24 Acres at which quantity the same is now sold and estimated unto him the said T. L. That then he the said J. S. his Executors and Assigns shall pay and allow unto him the said T. L. so much moneys and after the rate of 12 pound for every acre and after that rate for a greater or lesser quantity than one acre that shall want of the said quantity and number of 24. acres And also that he the said T. L. his c. To enjoy against the Mortgagor shall and may quietly and peaceably have hold possess and enjoy all and every the said Lands and premisses with their appurtenances without the let sute trouble disturbance molestation interruption or eviction of him the said J. S. his Heirs Executors and Assigns and of all and every other person and persons whatsoever lawfully claiming by from or under him the said J. S. his estate or title and absolutely freed and discharged from all fines issues amerciaments forfeitures and all and all manner of charges and Incumbrances whatsoever made done or suffered by him the said I. S. or by his act means neglect or procurement the foresaid recited Indenture of Lease made to the said G. E. only excepted c. A Lease for three Lives of a Messuage and Lands unto those that sold the same it being so agreed upon sale thereof Well peâ—â—d THis Indenture made c. between J. B. of c. on the one part and J L. of c. and E. his wife and J. L. his Sonne on the other part Whereas the said J. L. and E. his wife Recital of the Lessies sale with agreement that the Lessâ— should make a lease by their Indenture of bargain and sale dated the second day of October last past for the Consideration therein expressed and by other assurance in Law have sold and conveyed unto the said J. B. his heirs and assigns for ever all that Messuage or Tenement with the appurtenances wherein the said J. L. then did and now doth inhabit scituate and being in L. M. aforesaid and all those the Lands hereafter particularly mentioned and expressed as by the said recited Indenture of bargain and sale amongst other things therein contained it doth and may appear And whereas it was agreed between
the said J. B. and the said J. L. at the time of executing the said Conveyance as in part of the bargain for the said Messuage and Lands that the said I. B. shall make a Lease of the said Messuages and Lands unto the said I. L. E. his wife and the said I. his son for their lives successively at the yearly Rent of 4. pounds per annum The Consideration Now this Indenture witnesseth That the said I. B. being about the age of 28. years as well in performance of the said agreement on his part made aforesaid and of the yearly Rent hereby reserved and for other good causes and considerations him moving Hath demised The Demise set and to farm-letten and by these presents doth Demise set and to farm-let unto the said J. L. E. his wise and the said I. all that the foresaid Messuage or Tenement with the appurtenances wherein the said I. L. doth now inhabit and dwell scituate and being in L. M. aforesaid and all those the Lands hereafter particularly mentioned viz. one half acre of Land c. mentioning the particulars c. Together with all Houses Edifices Buildings Barnes Stables Yards Back-sideâ— Orchards Gardens Commons Commodities Wayes Easements Emoluments Hereditaments and Appurtenances whatsoever to the said Messuage or Tenement and Premisses or any of them belonging or in any wise appertaining and now used therewith except all Woods Timber and Trees growing or to be growing on the premisses And also except all those four Cottages or Tenements heretofore built on part of the Orchard belonging to the said Messuage or Tenement hereby demised now being in the several tenures or occupations of R. E. T F. W. R. and L. D. their Assignee or Assignees To have and to hold the said Messuage or Tenement The Habendum and all other the premisses with their appurtenances except before excepted unto the said I. L. E. his wife and I. L. for and during the term of their natural lives and the life of the longer liver of them The Reddendum successively one after another as they are herein named Yielding and paying therefore yearly and every year during the said term hereby demised unto the said I. B. his heirs and assigns the yearly Rent or Sum of 4. pounds of currant money of England at two Feasts or Terms in the year most usual viz. the Feast of c. to be paid at c. the first payment thereof at the Feast of the Annuntiation of c. next ensuing The Distresse And if it happen the said yearly Rent or any part thereof to be behind and unpaid by the space of eight dayes next after any or either of the said Feasts or dayes of payment whereon the same ought to be paid as aforesaid That then it shall and may be lawful to and for the said I. B. his heirs and assigns and every of them to enter into and upon the said Messuage and Premisses and every or any of them and to distrain for the same and the distress and distresses there had and taken to lead drive take and carry away and the same with him and them to detain and keep untill the said yearly Rent and the arrerages thereof if any happen to be unto the said I. B. his heirs and assigns shall be contented and paid And the said I. L. E. his wife Covenant to repair and the said I. L. for themselves joyntly and severally and for every and either of them their every and either of their several and respective Executors Administrators and Assigns and every of them do and doth covenant and grant to c. That they the said I. L. E. his wife and I. L. their several Executors Administrators and Assigns and every of them at their own proper costs and charges in and by all things shall and will well and sufficiently repair maintain uphold keep cleanse and scour all and every the Houses Buildings and Edifices hereby demised and now built upon the premisses and belonging to the same and which at any time hereafter during the term hereby demised shall be erected and built upon the demised premisses or any part thereof and the hedges ditches fences pales and mounds upon and about the demised premisses and every of them well and sufficiently shall make keep cleanse and scoure and the said Messuage or Tenement Houses and Buildings which are or at any time hereafter during the term hereby demised shall be erected or built in or upon the same or any part thereof being so well and sufficiently repaired maintained upholden kept cleansed and scoured in the end or other determination of the said term hereby demised shall and will leave and yield up unto the said I. B. To view the defaults of reparations his heirs and assigns And also that they the said I. L. and E. his wife and the said I. L. and every of them and their and every of their assigns shall and will permit and suffer him the said I.B. his heirs and assigns together with three or four or fewer Workmen or other persons at their or any of their wills and pleasures being at convenient times twice every year quietly to enter in or upon the said Messuage or Tenement and all other the Demised premisses to view and search whether the same be well and sufficiently repaired or not And of all and every the Default and Defaults for want of Reparations then and there found To repair upon notice to give or leave notice in Writing at the said Messuage or Tenement unto or for the said I. L. and E. his wife and the said I. L. to repair and amend the same from time to time during the terms hereby demised alwayes within the space of six months next after every such notice in Writing so given or left as aforesaid Not to demise without license And also that neither they the said I. L. E. his wise nor the said I. L. nor any nor either of them shall not at any time or times hereafter grant bargain sell assign or set over demise let or depart with the said Messuage and Premisses or any part or parcell thereof or his her or their or any of their right title interest or estate in or to the Premisses or any of them without the speciall license and consent of the said I.B. his heirs and assigns under his or their hand in Writing therefore first had and obtained Proviso upon non-payment or nonreparation to re-enter Provided alwayes and it is Conditioned by and between the Parties to these presents That if it shall happen the said yearly Rent or any part thereof to be behind and unpaid by the space of twenty eight dayes next after any or either of the Feasts or dayes of payment before mentioned or set down for payment thereof contrary to the form aforesaid the same being lawfully demanded or if all and every the said Default and Defaults for want of Reparations
of or in the premisses or any of them at the time of such view or search as is aforesaid shall be found and whereof Notice in Writing shall be given or left to repair and amend the same in manner and form aforesaid shall not from time to time be well and sufficiently repaired and amended alwayes within the space of six months after every such Notice given or left in Writing as aforesaid That then and at all times after in every the Cases as aforesaid it shall and may be lawful to and for the said I.B. his heirs and assigns and every of them into and upon the said Messuage or Tenement Lands and Premisses and every of them to re-enter and the same to have again retain repossess and enjoy as in his and their first and former estate This Indenture or any thing herein contained to the contrary thereof in any wise notwithstanding And the said I. B. for him his heirs and assigns and for every of them doth Covenant c. by these presents The Lessee to enjoy performing Covenants That they the said I. L. E. his wife and the said I.L. by and under the yearly Rent Covenants and Conditions in and by these presents reserved and on their parts severally to be paid done performed according to the intent of these presents shall or may peacably and quietly have hold possess and enjoy the said Messuage or Tenement Lands and all other the premisses with their appurtenances without the let sute trouble disturbance denial molestation interruption or eviction of him the said I. B. his heirs and assigns and of all and every other person and persons whatsoever lawfully claiming by from or under him the said I. B. his heirs or assigns or his their or any of their estate right or title In witnesse whereof c. An Indenture reciting a Bargain and Sale of the Moiety of a Mannor c. in trust for the use of another the same is hereby re-conveyed to the person trusting THis Indenture made c. Between Sir W. B. of c. on the one part brother and heir to H.B. Esq deceased and W. E. of H. c. on the other part Whereas Sir I. W. of c. and I. F. of c. by their Indenture bearing date the second day of c. in the Twelfth year of c. did alien bargain and sell unto the said H.B. and E. P. of c. all that Messuage or Tenement with the appurtenances scituate and being in L. aforesaid in the County of c. all those c. And also Common of Pasture and Feeding for such and so many horses beasts sheep and other Cattel to be had and taken in and upon the Common Fields Meadows Pastures and Common places in L. aforesaid at such times and seasons of the year and in such manner and form as the Tenants and Occupiers of the said premisses have before this time used to have and take the same and also all and singular Houses Edifices c. and also the Reversion and Reversions of all and singular the said premisses and the yearly Rents thereupon reserved To have and to hold the one Moiety and half-part of all the said Messuage or Tenement and of the said four Yard-lands of Arable Land Meadow and Pasture and of all and singular other the said premisses whatsoever with the appurtenances in and by the said recited Indenture bargained and sold and of every part and parcel thereof to the said H. B. his heirs and assigns to the only use and behoof of him the said H.B. his heirs and assigns for ever Which said Grant Bargain and Sale for and concerning the said Moiety of all and singular the premisses before mentioned to be by the said recited Indenture granted bargained and sold unto the said H. B. as aforesaid was had and made to and in the name of the said H. B. by the nomination and appointment of the said W. E. and in trust to the use of the said W.E. his heirs and assigns Now this Indenture further witnesseth That the said Sir W. B. according to the said trust and at the request and desire of the said W.E. and for divers other good causes and considerations him thereunto moving Hath aliened bargained sold enfeoffed and confirmed and by these presents doth alien bargain sell enfeoffe and confirm unto the said W. E. his Heirs and Assigns All that the said moiety and half part of all the said Messuages and of the said Four Yard-lands of Arable Land Meadow and Pasture with the Appurtenances and every part and parcel thereof and all other the premisses whatsoever in and by the said recited Indenture bargained and sold unto the said H. B. or to his use as aforesaid and also the Reversion and Reversions of all and singular the Moiety and half part oâ— all and singular the said premisses and every part thereof and the yearly Rents thereupon reserved due and payable To have and to hold the said Moiety and half part of all the said Messuage or Tenement and of the said Four yard-Lands of arable Land Meadow and Pasture with their Appurtenances and the Reversion and Reversions before specified in and by the said recited Indenture bargained and sold to or for the use of the said H. B. as aforesaid unto the said W. E. his heirs and assigns to the only use and behalf of the said W. E. his heirs and assigns for ever And the said Sir H B. for himself his Heirs Executors and Administrators and for every of them doth Covenant and grant to and with the said W. E. his c. That he the said Sir H. B. for and notwithstanding any act or thing whatsoever by him done or suffered to the contrary now is and at the time of the ensealing hereof of the first executing an estate by force of these presents shall be lawfully seized in his Demeasâ— as of Fee-sim le to him and his heirs of and in the Moiety and one half of the said Messuage or Tenement and premisses whatsoever with the Appurtenances in and by the said recited Indenture bargained and sold unto the said H. B. to his use as aforesaid and that he the said Sir H.B. for and notwithstanding any act or thing by him done or suffered to the contrary as aforesaid now hath and then shall have good right full power and lawful authority to bargain sell and convey the said Moiety of the said Messuage or Tenement and Premisses with the Appurtenances in the said recited Indenture bargained and sold unto him the said H. B. as aforesaid unto the said W. E. his heirs and assigns according to the intent of these presents And that he the said W.E. his heirs and assigns shall or may for ever hereafter peaceably and quietly have hold occupy possess and enjoy the said moiety of the said Messuage or Tenement and Premisses with the Appurtenances in the said recited Indenture mentioned to be conveyed to the said
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
good by any other his writing by him to be sealed acknowledged and inrolled or sealed and subscribed as is aforesaid to limit create appoint and declare of for and concerning the said Mannors Lands Tenements Hereditaments and premisses or any of them any new or any other use or uses to the same or any other person or persons whatsoever And that then and after such new limitation the said Recovery and Fine respectively shall be and enure and the said Recoverors and parties takers by the said Recovery and the said Cognizees of the said Fine and the parties takers thereby and their heirs and all and every person and persons who then shall be and stand seized of and in the premisses or any part thereof whereof such new use shall be declared created raised limited or appointed and his and their heirs shall respectively stand and be seized of the same premisses or such part thereof whereof such new use or uses shall be declared limited or appointed to such use and uses of such person and persons to whom such other or new estate or estates use or uses shall be so newly declared created raised limited or appointed and of and for such estate and estates and in such manner and form and by or under such Limitations Conditions and Provisoes as shall be so newly appointed expressed or declared and for want of such declaration or new limitation so to be made after any such Revocation Then the said Recovery and Fine touching such of the premisses whereof no such Declaration limitation or appointment of use shall be made shall be and enure to the only use and behoof of the said T. Lord W. his Heirs and Assigns for ever any matter or thing whatsoever herein before contained to the contrary thereof notwithstanding But it is and alwayes was the intent of all the parties to these presents That no Revocation or new Limitation should or shall any way frustrate or make void any Lease No new Declaration to hinder an Estate granted before Revocation Estate Rent or Charge made granted or charged or to be made granted or charged of or upon the premisses or any parcel thereof for valuable Considerations of money borrowed or received of the said T. Lord W. by vertue or force of any former Proviso in these presents expressed but that the same and every of them shall stand good according to the purport and meaning of them and every of them notwithstanding any such Revocation or new Limitation futurely to be made In witness c. A Covenant to settle Lands for natural affection THis Indenture made c. Between R.D. of c. on the one part and T. D. and E. S. of c. on the other part witnesseth That the said R. D. as well for the natural love and affection which he beareth towards W. D. Gentleman Son and heir apparent of the said R. D. and to the intent that the Marshes Lands Tenements and Hereditaments hereafter mentioned might be and remain to the uses intents and purposes hereafter in these presents expressed and declared and for divers other c. for himself his heirs and assigns doth Covenant and grant to and with the said T. D. and E. S. their heirs and assigns by these presents That he the said R. D. and his Heirs and all and every other person and persons that now is or are or that at any time hereafter shall be seized or estated of or in all and every part of that the Mannor of A. with the Rights Members and Appurtenances thereof in the said County of O. and of or in all or any Lands Tenements Meadows Pastures Feedings Commons Wayes Wastes Wast-grounds Hereditaments and Appurtenances whatsoever belonging to the said Mannor or reputed as part parcel or member thereof in A. aforesaid and whereof or wherein the said R. D. â—ow hath an Estate of Inheritance in Fee-simple shall thereof and of every part and parcel thereof immediately from and after the ensealing hereof stand and be seized thereof and of every part and parcel thereof to the several uses intents and purposes hereafter in these presents expressed limited and declared that is to say To the use and behoof of the said R. D. for the term of his natural life without impeachment of any manner of wast and after his death to the use of the said I. D. for the term of his natural life without impeachment of any manner of wast and after his decease to the use of the first Son of the body of the said I. D. lawfully to be begotten and of the heirs males of the body of the said first Son lawfully to be begotten And for default of such Issue to the use and behoof of the Second Third Fourth Ffth Sixth Seventh Eighth Ninth and Tenth Sons of the body of the said I. D. lawfully to be begotten respectively as they shall be in Seniority and age and of the heirs males of such Second Third Fourth Fifth Sixth Seventh Eighth Ninth and Tenth Sons lawfully to be begotten of his body the eldest son and his heirs being alway preferâ—ed before the younger Son and his heirs of his body And for default of such Issue to the use of every other the Sons of the said I. D. as they shall be in Seniority and age and of the heirs males of the Bodies of every such Sons lawfully to be begotten And for default of such Issue then to the use of M.D. Gentleman second Son of the said Sir R. D. for the term of his natural life without impeachment of any manner of wast and after his death to the use of the first Son proâ—â—e supra in the first Son then to the third Son in manner prout al. primam And for the default of such Issue then to the use of the right Heirs of the said R. D. for ever And to none other use intent or purpose whatsoever with the same clause of Revocation as is mentioned in the last president In witness c. A Condition of a Counter-Bond THe Condition c. That whereas the above-named N.B. at the special instance and request of the above-bounden C. D. for the proper debt of the said C. D. and as his surety by obligation bearing date with these presents standeth joyntly and severally bound together with the said C.D. unto E.F. of c. in the sum of c. with Condition thereupon endorsed for the payment of 100 pound of c. to the said E.F. or to his certain Attorney his Executors or Assigns at c. upon c. as in and by the said Obligation and Condition more at large appeareth If therefore the said C. D. his Heirs Executors Administrators or Assigns or any of them do pay or cause to be paid unto the said E. F. or his Assigns the said Sum of c. at the day and place aforesaid and also from henceforth save and keep harmless the above named A. B. his heirs c. of and from the
and upon the said several Writs of Entry Sur disseisin en le post in all things according to the usual and common order and form of Common Recoveries for the assurance of Lands and Tenements in such cases used of all and singular the said several Mannors Lordships and Premisses before mentioned and of every part and parcel thereof with the Appurtenances And that full Execution and Seizin shall be had and taken thereof accordingly And it is hereby covenanted granted concluded and fully and absolutely agreed on by and between all and every the aforesaid parties to these presents for themselves their heirs and assigns and it is the true intent and meaning of these presents and of all and every the aforesaid parties to the same that the said several Recoveries and the execution thereupon to be had shall be and so shall be adjudged deemed esteemed and taken to be and the Recoverors their heirs and assigns and every of them shall and will immediately from and after the execution of the said Recoveries stand and be seized and be adjudged deemed and esteemed and taken to be seized of all and singular the said Mannors Lordships Lands Hereditaments and premisses before mentioned and every part and parcel thereof with their and every of their Appurtenances to and for all and every the several and respective uses behoofs intents and purposes hereafter in these presents mentioned expressed limited and declared And to or for none other use behoof intent or purpose whatsoever that is to say to the use and behoof of the said C. Lord S. and his Assigns for and during the term of his natural life without impeachment of or for any manner of wast and from and after his decease then to the use and behoof of the said D. L. and her assigns for and during the term of her natural life for and in the name of a Joynture of and for her the said D. And from and after her decease then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten and for default of such Issue then to the use and behoof of the right heirs of the said C. Lord S. for ever And the said Right Honourable C. Lord S. for himself his Heirs Executors Administrators and Assigns and for every of them doth further Covenant promise and grant to and with the Right Honourable E. Lord G. and I.S. their Heirs and Assigns and to and with every of them by these presents in manner and Form following that is to say That he the said C. Lord. S. at the time of the ensealing and delivery of these presents is lawfully and rightfully seized of and in all and singular the said Mannors Lands Tenements Rectory and Premisses and of every part and parcel thereof with the Appurtenances of a good sure perfect lawful and indefeasible Estate in Fee-simple or in Fee-tail to himself and the heirs of his body without any Reversion or Remainder of the Kings Majesty and without any manner of Condition or Conditions Mortgage Limitation of use or uses or other thing or things whatsoever whereby to alter change charge defeat determine or make void the same And that he the said Lord S. hath full power good right and lawful and absolute authority in his own proper right by these presents to raise limit and appoint all and every the foresaid several Uses and Estates before mentioned and that all and singular the Premisses and every part and parcel thereof with their and every of their Rights Members and Appurtenances now are and be and so from time to time and at all times for ever hereafter shall and may continue stand remain and be to all and every the several uses intents and purposes before in and by these presents limited expressed appointed and declared free and clear and freely and clearly acquitted exonerated and discharged or otherwise well and sufficiently saved defended and kept harmlesse of and from all and all manner of former and other Gifts Grants Bargains Sales Leases Estates Joyntures Dowers and Titles of Dowers and of and from all Rents and Arrerages of Rent-Annuities and Arrerages of Annuities Statutes-Merchant and of the Staple Recognizances Judgments Executions Extents Fines Forfeitures Issues Amerciaments Intentions Principal Seizins Liveries Wills Entails Limitations of use or uses and of and from all other Titles Troubles Arrerages Charges Claims Demands and Incumbrances And the said C. Lord S. for himself his Heirs Executors Administrators and Assigns and for every of them doth likewise further Covenant promise and grant to and with the said E. Lord G. c. their Heirs and Assigns and to and with every of them by these presents That he the said Lord S. and his Heirs shall and will from time to time and at all times hereafter within the space of seven years next ensuing the date of these presents at and upon every reasonable request and at the only proper costs and charges in the Law of the said Lord S. and his heirs further do make acknowledge execute and suffer or cause or procure to be done made acknowledged executed and suffered all and every such further and reasonable act and acts thing and things device and devices assurance and assurances in the Law whatsoever for the further better and more perfect assuring surety and sure-making setling and conveying of the said Mannors c. premisses and of every part and parcel thereof with the appurtenances to continue stand remain and be to all and every such several uses behoofs intents limitations and purposes as are thereof in and by these presents limited expressed appointed and declared be it by Fine or Fines Recovery or Recoveries with single double or more Voucher or Vouchers Feoffment or Feoffments Deed or Deeds enrolled or not enrolled the enrollment of these presents or by any other wayes or means whatsoever as by the said E. Lord G. and I. S. their Heirs and Assigns or by any of them or by their or either or any of their Council learned in the Law shall be reasonably advised devised or required And finally The said C. Lord S. for and in Consideration of the said Marriage shortly hereafter by the grace of God to be had and solemnized between him the said C. Lord S. and the said D.L. and for the great love and affection which he the said Q. S. hath and doth bear unto the said D. L. doth for himself his heirs and assigns and for every of them Covenant promise grant and agree to and with the said E. Lord G. and I. S. their Heirs and Assigns and to and with every of them by these presents That he the said C. Lord S. and his Heirs and all and every other person or persons that now be or which hereafter shall stand or be seized of any Estate of Inheritance of the said Mannors Lands Tenements and Premisses or any part thereof shall and will stand and be
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
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
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
sutes debates variances controversies and demands either of the said parties by their mutual assent and consent have submitted themselves and stand bounden each to other by their several Obligations bearing date c. in the Sum of c. a piece with several conditions endorsed upon either of the same several Obligations to stand to obey observe perform fulfill and keep the Award Arbitrament Ordinance and Judgment of me the said J. S. Arbitrator indifferently elected named and chosen between the said parties as well of for and upon all and all manner of actions as well real as personal sutes quarrels debts debates trespasses and demands whatsoever had moved stirred or depending in controversie between the said parties in any wise before the date of the said Obligations So that the same award arbitrament ordinance and judgment of the said Arbitrator of and upon the premisses were made declared and yielded up in writing on this side the tenth day of c. as by the same several obligations and endorsements thereupon made more at large appeareth Whereupon I the said J.S. Arbitrator aforesaid taking upon me the charge of the said award and willing to set the said parties at a final end peace unity and concord of for and concerning the premisses have called both the said parties before me and by good advice and deliberation have seen heard examined and perfectly understood and perceived their both rights titles estates interests demands evidences and proofs in and to the premisses and weighing and pondering the effects and grounds of all the said matters and controversie do now make publish give up and declare this my present Award indented between the said parties by and with their both mutual consents and agreement of for and concerning the premisses in manner and form following that is to say First I the said Arbitrator do by these presents award order judge and deem and the said A. B. for his part doth covenant and grant for him his Executors and Administrators to and with the said C. D. his Executors and Administrators by these presents That c. as in other Awards reciting the matter in variance A Lease of a Ferry THis Indenture made c. between c. witnesseth That the said T. L. for and in consideration of c. hath demised granted and to farm-letten and by these presents doth c. unto the said J. H. his Executors and Assigns the moiety of the Passage Ferry Standage and Battalage of P. in the C. of c. together with all Easements and Commodities thereunto belonging in as large and ample manner and form as T. H. or his Assigns hath heretofore had or enjoyed the same or might or ought to have had and enjoyed the same To have and to hold the said moiety of the said Passage and Ferry and all other the Premisses by these presents mentioned to be demised and every parcel thereof with the appurtenances unto him the said J. H. his Executors Administrators and Assigns from the Feast of c. unto the end and term of c. Yielding and paying c. with a Clause to make the Lease void for non-payment of the Rent And the said J. H. doth covenant c. That he the said J. H. his Executors Administrators and Assigns at his and their own proper costs and charges shall from time to time during the said term maintain and keep such Boat or Boats and all other things meet and convenient for the moiety of the aforesaid Passage and other the premisses as hath been heretofore commonly accustomed and thereof shall from time to time during the said term acquit discharge or sufficiently save harmless the said J. L. his Heirs Executors Administrators and Assigns And that he the said J. H. his Executors or Assigns shall from time to time during the said term carry over or cause to be carried over the Ferry-place aforesaid from P. to F. the said J. L. and his wife and their heirs servants children horses and stuffe when and so often as the said J. L. his wife and their heirs children or any other of his family shall require to have themselves their servants horses or stuffe to be carried over the said Ferry from P. to E. aforesaid without demanding taking or asking any thing therefore of the said J. L. his heirs children or family And the said J. L. doth covenant c. That he the said J. L. his Heirs Executors Administrators or Assigns shall at all times hereafter and from time to time during the said term acquit and discharge Discharged of quit-Rent or sufficiently save and keep harmlesse as well the said moiety of the said Passage or Ferry and all and singular the afore letten premisses and every part thereof as also the said J. H. his Executors Administrators and Assigns of for and from all and all manner of quit-Rents whatsoever which in respect of the said demised premisses during the said term shall grow due and payable to the Kings Majesty his Heirs Successors or Assigns or to any other person or persons whatsoever excepting the said yearly Rent of 3 l. before by these presents assigned and that he the said I. L. and his heirs the said moiety of the said Passage and Ferry and all other the afore letten premisses with the appurtenances unto the said I. H. his Executors Administrators and Assigns for the Rent above recited to be paid in manner and form abovesaid shall warrant and defend during all the said term of Twenty one years In witnesse c. A Release of Land in Exchange THis Indenture made c. between T. C. of c. and W. L of c. and A. now wife of the said W. L. and late wife of R. B. late of c. of the other party That whereas on or about the Seventeenth day of c. now last past there was certain Agreements had and made between the parties to this present Indenture for and concerning the exchange of divers parts and parcels of their Lands Layes Meadows Pastures and Hereditaments with their appurtenances lying and being in S. and W. and in either or one of them in the said County of Y. as hereafter is expressed That is to say First that whereas the said W. L. had and was seized in the right of the said A. his wife for and during the term of the natural life of the same A. of divers Arable Lands Layes Meadows Pastures Haddes Flats and Hereditaments lying and being dispersed in the Town and Fields of S. and W. aforesaid or in one of them commonly accompted to be and contain two hundred acres be they more or lesse now or late in the tenure or occupation of the said W. L. or of his assigns it was agreed between the said parties by the agreements aforesaid That the said T. C. his Executors Administrators and Assigns shall have and enjoy for and during the term of Sixty years if the said W. L. and A. now wife of the
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 appertain being now in his minority should have made and granted a Lease in exchange unto the said T. C. of all the said Lands and Premisses to him the said T. Demised as aforesaid by the said W. L. and A. his Wife for the term of eighty nine years and for the yearly Rent of c. And that likewise in recompence satisfaction and exchange thereof the said T. C. should have granted in exchange unto the said I. B. a like Lease of the like term for eighty nine years and for the yearly Rent of 1 d. of the said lands and premisses Demised and granted to the said W. L. and A. his wife in exchange as aforesaid And for that neither of the same Leases can be now perfectly made and finished Therefore it is now further covenanted concluded and fully agreed upon by and between all the said parties to these presents in form following viz. And the said W. L. doth by these presents covenant c. That he the said W.L. shall do his best endeavour that he may or can to procure and get the said J. B. by his Deed indented to make That an Infant shall seal a Lease at his full age of 21 years seal and deliver as his Deed to the said T. C. his Heirs or Assigns within three moneths next after that he the said I. B. shall accomplish his full age of Twenty one years a sufficient Demise Lease and Grant in exchange of all and every the said Lands Layes Meadows Pastures Hereditaments and Premisses with their Appurtenances to him the said T. C. as aforesaid Demised for the term of Eighty nine years and for the yearly Rent of 1 d. and with and under such like and the same Covenants Clauses and Agreements as before in these presents are limited expressed and set down on the part and behalf of the said W.L. to be performed and done And in consideration thereof the said T. C. doth covenant c. That if the said I. B. or his heirs do or shall make seal and deliver as his Deed unto the said T. C. his heirs or assigns the said Demise Lease and grant in manner and form as is aforesaid by the said I. B. to be signed sealed and delivered to the use of the said T.C. his heirs or assigns in the presence of Three credible persons whose names shall be subscribed or endorsed upon the same that then he the said T. C. or his heirs at and upon the receiving of the said Lease and Grant shall and will being thereunto required make seal and deliver in exchange unto the said I.B. or his assigns alike Lease of all and every the premisses to the said W. L. and A. his wife granted as aforesaid for such like term number of years and with and under such Rent and Covenants as shall be contained and specified in the said Lease so to be made by the said I.B. to the said T. C. as aforesaid In witnesse c. A Bargain and Sale of Lands mortgaged made from the mortgagee and mortgagor before the day for redemption to another THis Indenture made c. between H.B. R. H. of c. and M. C. of c. of the one party and R. S. of c. of the other party witnesseth That whereas Francis Beamont of the Parish of St. Martins in the Fields in the County of c. by his Deed indented bearing date c. for the considerations therein mentioned and expressed hath betaken granted and to farm-letten unto the said M. C. all that the Scite and Capital Messuage or Mannor house of Hardwitch with the rights members and appurtenances whatsoever scituate lying and being within the Lordship of Chertsey in the County of Berks c. and all c. the words verbatim in the Original with the Habendum and Reddendum recited as by the same Indenture amongst divers Covenants Clauses and Agreements therein contained more at large it doth and may appear And whereas also the said M. C. by her Indenture of Assignment bearing date c. For the Consideration therein mentioned and expressed Hath granted bargained sold aliened and set over unto the said H. B. and R. H. as well the said recited or mentioned Indenture to her the said M. C. granted as aforesaid and the said scite and capital messuage of the said Mannor of H. Lands Meadows Feeding Pastures Demeasn lands stock and all and singular other the premisses thereby mentioned to be demised and granted and every part and parcel thereof with the appurtenances as also all the estate right title interest term of years then to come and unexpired reversion possession property claim and demand whatsoever which she the said M. C. hath or had or may might should or ought to have or can or may claim challenge or demand of in or to the said scite and capital Messuages Meadows Feedings Pastures Demeasn lands stock and all and singular other the premisses with the appurtenances and of in and to every part and parcel thereof by force and vertue of the same Indenture to her the said M. C. made and granted as aforesaid or any thing therein contained or otherwise howsoever To have and to hold the said Scite and capital Messuage c. ut in Indent de Mortgage unto the said H. B. and R. H. their Executors Administrators and Assigns to the only proper use and behoof of them the said H. B. and R. H. their Executors Administrators and Assigns from the ensealing and delivery of the same Indenture of Assignment for during and until the end and accomplishment of all the rest and residue then to come and unexpired of the said term of Twenty one years by the said first recited Indenture to her the said M. C. granted as aforesaid together with the same Indenture In which said Indenture of Assignment there is a certain Proviso or Condition contained in these words or to this effect following That is to say Provided alwayes That if the said M. C. her Heirs Executors Administrators or Assigns or any of them do well and truly content and pay or cause c. verbatim as in the Assignment as by the same Indenture of Assignment amongst divers other covenants grants articles clauses and agreements therein contained more at large also it doth and may appear Now this Indenture further witnesseth That for and in consideration of the Sum of 650 l. of good c. to her the said M. C. in hand at and before the ensealing and delivery of these presents by the said R. S. well and truly paid whereof and wherewith she the said M. C. and the said H. B. and R. H. acknowledge themselves fully satisfied and paid and thereof c. they the said H. B. and R. H. have bargained sold assigned and set over and by these presents do c. unto the said R. S. the said first recited Indenture and all the said Scite and capital Messuage of the said Mannor of H. Lands Meadows
Feedings Pastures Demeasn Lands Stock and all and singular other the premisses with the appurtenances thereby mentioned to be Demised and granted to the said M. C. and every part and parcel thereof as also all the estate right title interest term of years yet to come and unexpired reversion possession property claim and demand whatsoever which they the said H.B. and R. H. or either of them have or hath or may might should or ought to have of in or to the said Scite or capital Messuages and other the premisses with the appurtenances and of in and to every part and parcel thereof by force and vertue of the said Indenture of Assignment before mentioned or any thing therein contained together with the same Indenture of Assignment To have and to hold the said first recited and the said Scite and capital Messuage of the said Mannor of H. Lands Meadows Feedings Pastures Demeasn Lands Stock and all and singular other the premisses by the said Indenture Demised and every part and parcel thereof with the appurtenances except before excepted and all the said estate right title interest term of years yet to come and unexpited reversion possession property claim and demand whatsoever of them the said H. B. and R.H. and of either of them of in and to the same premisses and of in and to every part and parcel thereof with the appurtenances unto the said R. S. his Executors Administrators and Assigns in such like and in as large and ample manner and form to all intents and purposes as they the said H.B. and R.H. or either of them have or hath or may or ought to have and enjoy the same premisses by force and vertue of the same Indenture of assignment to them the said H.B. and R.H. made and granted as aforesaid or any thing therein contained together with the same Indenture of Assignment And also the said M.C. for the consideration aforesaid hath granted bargained sold aliened assigned and set over and by these presents doth fully clearly and absolutely grant c. unto the said R. S. the said first recited Indenture to her the said M. C. made and granted as aforesaid and the said Scite and capital Messuage of the said Mannor of H. Lands Meadows Feedings Pastures Demeasn Lands Stock and all and singular other the premisses by the same Indenture mentioned to be Demised and granted and every part and parcel thereof with the appurtenances And further the said M. C. for the Consideration aforesaid Confirmation doth by these presents for her her Heirs Executors and Administrators ratifie and confirm the said bargain sale and assignment hereby made of the Premisses by the said H.B. and R.H. to the said R. S. as aforesaid and the estate and interest of the said R. S. in Release and to the same and every parcel thereof And also remise release and quit claim unto the said R. S. his Executors and Assigns the said Proviso or Condition before mentioned in the said Indenture of Assignment contained concerning the Redemption of the Premisses from the said H. B. and R.H. as aforesaid and all and every Covenant Clause Article and Agreement touching the same And also all the estate right title interest term of years yet to come and unexpired reversion possession property claim condition entry benefit and demand whatsoever which she the said M. C. hath or had or may might should or of right ought to have or can or may claim of in or to the said scite and capital Messuage of the Mannor of H. Lands Meadows Feedings Pastures Demeasn Lands Stock and all and singular other the premisses by the said Indenture mentioned to be Demised and granted and in and to every or any part or parcel thereof with their appurtenances whatsoever by force and vertue of the same Indenture or of the said Indenture of Assignment or the said Proviso or condition therein contained or either or any them or by any other wayes or means whatsoever or otherwise howsoever To have and to hold the said Scite and capital Messuage of the said Mannor of H. Lands c. and all and singular other the premisses in and by the said Indenture to her the said M. C. mentioned to be Demised and granted and every part and parcel thereof with the appurtenances except before excepted and all the said estate right title interest term of years yet to come and unexpired reversion possession property claim and demand whatsoever of her the said M. C. of in and to the same premisses and every part and parcel thereof with the appurtenances unto the said R. S. his Executors Administrators and Assigns to the only use and behoof of him the said R. S. his Executors Administrators and Assigns from the ensealing and delivery of these presents for during and untill the full end or accomplishment of all the rest and residue yet to come and unexpired of the said term of Twenty one years by the said recited Indenture granted absolutely without any manner of condition proviso or redemption or other claim or demand whatsoever And the said H. B. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said R. S c. and to and with every of them by these presents in manner and form following For quiet enjoying discharged of Incumbrances that is to say That he the said R. S. his Executors Administrators and Assigns and every of them for and under the Rents Covenants Clauses and Agreements in and by the said first recited Lease of the premisses reserved and mentioned on the part and behalf of the said M.C. her Executors and Assigns to be paid done and performed shall or may at all times hereafter and from time to time for and during all the rest and residue yet to come and unexpired of the said term of Twenty one years by the said Letters Patents granted peaceably and quietly have hold use occupy possesse and enjoy the said Scite and capital Messuages c. and all and singular other the premisses herein before mentioned to be granted bargained sold assigned and set over and every part and parcel thereof with the appurtenances without the let interruption or disturbance of him the said H. B. or of any other person or persons by his means or procurement and that the same premisses and every part and parcel thereof with the appurtenances now are and be and so at all times hereafter and from time to time shall be remain and continue unto the said R. S. his Executors and Assigns free and clearly acquitted exonerated and discharged or otherwise upon lawful and reasonable request sufficiently saved and kept harmless of and from all and all manner of former bargains c. had made committed or done by him the said H. B. or by any other person or persons by his assent means or procurement the rent covenant clauses and agreements in and by the said before recited Indenture reserved
Recoveries Deed or Deeds enrolled or not enrolled the enrollment of these presents Release Confirmation or by all or any of them or otherwise by any other lawfull and reasonable act or devise as shall be reasonably devised or advised by the Councel learned of the said Sir H.H. his heirs or assigns And also that he the said Sir H.H. his Executors Administrators and Assigns and every of them not doing That the Mortgager shall enjoy the issues and profits of the Lands until the day of payment nor committing any voluntary waste above the value of 10 l. of c. shall or may at all times from henceforth untill the third day of J. c. without the let trouble interruption or disturbance of or by them the said R.L. and G. L. or either of them their or either of their heirs or assigns or of either of them or of any other rightfully claiming from by or under them or any of them peaceably and quietly have take receive perceive and enjoy the Rents Issues and Profits of all and singular the said Mannor or Lordships Lands and Tenements and other the premisses before herein mentioned to be hereby granted and conveyed and every part and parcel thereof without any account to be made or yielded unto the said R. L. and G. L. or either of them their or either of their Heirs Executors or Assigns of or for the same this Indenture or any thing therein contained to the contrary thereof in any wise notwithstanding and that neither the said R. L. and G. L. their heirs or assigns nor any of them shall nor will take any of the Rents Issues Revenues or Profits of any the Premisses or of any part thereof which shall grow arise or come in or out of the Premisses or any part or parcel thereof before the said third day of J. c. And it is further covenanted concluded and agreed by and between the said parties to these presents and the true intent and meaning of the same parties to these presents is That the Mortgagee shall pay more for the clear purchase of the Land so mortgaged and being forfeited and the said R. L. and G. L. do by these presents further covenant c. to and with c. That if neither the said Sir H. H. his heirs nor assigns nor any of them do pay or cause to be paid unto the said R. L. and G. L. their Heirs Executors Administrators or Assigns nor to any of them the said Sum of 4800 l. of c. in manner and form as is before limited and appointed for the payment of the same whereby the said estate of the said R. L. and G. L. shall become absolute that then they the said R. L. and G. L. their Heirs Executors Administrators or Assigns or some of them shall and will well and truly content and pay or cause to be paid unto the said Sir H. H. his Executors Administrators or Assigns or some of them at or in c. the Sum of 1000 l. of c. at or upon the third day of M. 1642. as the residue and in full satisfaction of the clear and absolute purchase of the said Mannor or Lordship Lands Tenements and other the Premisses without fraud covin or further delay unto them the said R.L. and G. L. their heirs and assigns to the only proper use and behoof of them the said R. and G. their heirs and assigns for ever And the said Sir H. H. doth covenant c. to and with the said E. L. and G. L. c. That if the said Sir H. H. To relinquish possession after default of payment of the Sum contained in the Proviso his Heirs Executors Administrators nor Assigns nor any of them do well and truly pay nor cause to be paid unto the said R.L. and G. L. nor to the heirs executors administrators or assigns of them nor any of them the said Summe of 4800 l. of c. before mentioned in manner and form as aforesaid according to the intent and true meaning of the said Proviso or Condition before herein expressed That then he the said Sir H. H. his Tenants Farmours and assigns and every of them other than such as be hereafter excepted shall and will deliver yield up and relinquish unto the said R.L. and G.L. their heirs or assigns or the Survivor or Survivors of them the peaceable and quiet possession of the said Mannor or Lordship and of all other the Premisses with the appurtenances without any let trouble contradiction or interruption And that then also he the said Sir H. H. his heirs and assigns and Dame R. his wife and all and every other person or persons now having or rightfully claiming Further assurance or which at any time or times hereafter shall or may lawfully have claim or pretend to have any manner of estate right title use interest condition or possession of in or to the said Mannor or Lordship and other the premisses or any part thereof other than such person and persons whose estates interests and terms are excepted in one former Indenture bearing date c. made between the said Sir H. of the one party and the said R. L. and G. L. of the other party for and in respect onely of their Leases and terms by and in the said last mentioned Indenture excepted shall and will at all and every time and times from and after such default of payment had or made of the said Sum of 4800 l. for and during the space of Seven years then next ensuing at and upon reasonable request to him her or them to be made and at the onely costs and charges in the Law of the said R. L. and G. L. or any of them or the heirs or assigns of them or of one of them make do c. As in other like Covenants c. And that the said R. L. and G. L. their and either of their heirs and assigns For quiet enjoying and every of them and all and every person and persons which at any time and times after the said default of payment of the said Summe of 4800 l. of c. had and made as aforesaid shall have any estate right title or interest of in or to the said Mannor or Lordship Mannors Lands Tenements and other the Premisses or any part thereof by from or under the said R. L. and G. L. their heirs or assigns or any of them shall or may at all times from and after the said default of payment of the said Summe of c. had or made for ever peaceably and quietly have hold occupy and enjoy all the said Mannor and Lordship Mannors Lands Tenements and other the Premisses without any let trouble vexation or interruption of or by the said Sir H. H. his heirs or assigns or any of them or of or by any other person or persons whatsoever except as in and by the said Indenture of Bargain and Sale bearing date the said
c. made between the said Sir H.H. of the one party and the said R.L. and G.L. of the other party for and in respect only of the estates and interests in and by the same Indenture excepted And lastly The said R.L. and G. L. do by these presents further covenant c. to and with the said Sir H. H. c. To deliver up a Statute upon payment of the Money mentioned in the Proviso That in case the said Sir H. his Heirs Executors Administrators or Assigns or any of them do well and truly pay or cause to be paid unto the said R. L. and G. L. or one of them or to the Heirs Executors Administrators or Assigns of them or of one of them the said Sum of 4800 l. of c. on the second day of J. c. at or c. according to the purport intent and true meaning of the said Proviso or Condition without fraud or coven that then they the said R.L. and G. L. or one of them their or either of their Heirs Executors Administrators or Assigns or some or one of them shall and will within convenient time after the said payment so had and made deliver or cause to be delivered to the said Sir H.H. his Executors Administrators or Assigns at or c. one writing obligatory or Recognizance in the nature of a Statute-Staple bearing date c. taken sealed and acknowledged before c. wherein the said Sir H. H. is and standeth bound unto the said R. L. in the Summe of c. to be cancelled and made void And further The said H. H. R. L. and G. L. have made ordained constituted and in their stead and place by these-presents have put and authorized A. B. c. A Letter of Atturney to deliver possession their true and lawful Atturnies joyntly and severally for them and in their names to enter into the said Mannor or Lordship and other the premisses and into every or any part thereof in the name of the whole and possession and seisin thereof or of any part or parcel thereof in the name of the whole in their names and to their use to take and after such possession and seisin thereof and of every part and parcel thereof so had and taken to deliver full and peaceable possession and seisin thereof to the said R. T. and G. B. or to their Atturney in that behalf appointed To have and to hold to the said R. T. and G. B. according to the limitations uses provisoes and conditions before herein expressed and according to the tenour purport effect and true meaning of this present Indenture Tripartite holding firm and stable all and what soever their said Atturneys or either of them shall do or cause to be done in or about the Premisses by these presents Forster In witnesse c. Memorandum That the fourth day of M. in the c. peaceable and quiet possession and seisin of the Mannors Messuages Lands Delivery of possession Tenements and Hereditaments in E. and F. within specified was taken had and delivered by the Atturnies within named to the within E.T. and G.B. according to the tenour and true meaning of this present Indenture to the uses provisoes conditions and limitations mentioned in the same Indenture in the presence of those whose names be subscribed Memorandum likewise That the day and year abovesaid A. B. C. D. E. F. c. did agree to this present grant within written Attornment and did severally Atturn Tenants to the said E.T. and G. B. according to this present grant in the presence of those whose names are subscribed Forster and in witnesse thereof the said A. B. C.D. E.F. c. have hereunto set their hands An Indenture of Bargain and Sale absolute THis Indenture made c. between Sir R. M. of c. of the one party and R.H. and G. H. c. of the other party Witnesseth That the said Sir R. M. for and in consideration of the Sum of 600 l. c. to him in hand at and before the ensealing and delivery of these presents by the said R. L. and G. L. well and truly paid whereof and wherewith he acknowledgeth himself fully satisfied and paid and thereof and of every part and parcel thereof doth clearly acquit exonerate and discharge the said R. L. and G. L. their and either of their Heirs Executors and Administrators Forster concilium and every of them for ever by these presents hath given granted bargained sold and confirmed and by these presents doth fully clearly and absolutely 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. in the County of c. with all and singular the Rights Members Liberties Priviledges Royalties and Appurtenances thereof whatsoever and all that the Rectory and Parsonage of C. aforesaid with all gleab-Gleab-lands Tithes of Corn Grain and Hay Oblations Obvention Fruits Profits and Commodities whatsoever of what nature kind or quality soever they be or by whatsoever name or names they are called or known to the said Rectory and Parsonage incident belonging or appertaining or reputed or known to be part parcel or member thereof or to or with the same now or at any time hereofore usually occupied or enjoyed coming growing renewing and encreasing within C. and S. in the County of c. and the advowson gift free disposition right of Patronage of the Vicaridge and Church of C. aforesaid with the appurtenances in the said County of c. And also all and singular messuages mills houses edifices buildings barns stables dove-houses yards orchards gardens lands tenements meadows feedings pastures leasows commons wast-grounds heaths furzes mores marshes woods under-woods wayes waters fishings fishing-places streams rivers banks ponds rents reversions services courts leets view of frank-pledge perquisits and profits of courts and leets and all that to courts leets and view of frank-pledge doth belong or appertain goods and chartels wayved and estrayed goods and chattels of Felons and Fugitives Felons of themselves and of persons out-lawed sees wards marriages escheats reliefs heriots fines amerciaments liberties priviledges and all other profits commodities advantages emoluments and hereditaments whatsoever to the said Mannor and Lordship Rectory and other the premisses herein before mentioned meant or intended to be hereby given granted bargained and sold and to every or any of them by any means belonging or appertaining or with the same or any of them as part parcel or member thereof now or at any time heretofore demised let used occupied reputed or enjoyed with all and singular their appurtenances and also all and singular Messuages Lands Tenements Rents Reversions Services and Hereditaments whatsoever of him the said R. M. in C. and S. aforesaid and in H. and S. in the said County of c. and in every or any of them and also all and singular Rents and yearly profits whatsoever
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
Copy-hold Lands at the time of the making and perfecting of the said Surrender Discharged of Incumbrances shall be and so at all times for ever hereafter shall continue unto the said J. P. his Heirs and Assigns clearly discharged or otherwise sufficiently saved and kept harmless of and from all former charges estates titles troubles surrenders forfeitures and incumbrances whatsoever made committed suffered or done by the said T. C. deceased his heirs or assigns or by the said E. S. his heirs or assigns or by the said Dame S. S. or by any other person or persons by or with their every or any of their means assent title interest act sufferance or procurements And the said Dame S. doth covenant c. That the said Copy-hold Lands and Premisses before mentioned to be granted and assigned as aforesaid That the Lands are of a certain value per annum now are of the clear yearly worth and value of 20 l. by the year above all rents charges and reprises and so are and be now well worth to be let or set and that the same Close shall from time to time hereafter so remain be and continue of the yearly value aforesaid unto the said J. P. his c. during the term and continuance of the said everal mentioned or recited Leases and either of them A Bargain and Sale of Swans and Swan-mark TO all Christian People to whom this present writing shall come A. B. of c. sendeth greeting c. Know ye That I the said A. B. for divers good causes and considerations me in this behalf specially moving have given and granted and by this my present writing do give grant and confirm unto C. D. of c. all those my Swans and Signets and game of Swans and Signets white and grey marked with the ragged-staffe swimming remaining and being in upon or about the River of W. in the County of c. or in upon or about any other Rivers Brooks waters or places within the same County of c. or elsewhere wheresoever And all rights royalties priviledges preheminences profits and commodities whatsoever to the same Swanners and Signets and game of Swanners and Signets or any of them in any wise belonging incident or appertaining together with the Swan-mark aforesaid To have and to hold the said Swans and Signets and game of Swans and Signets and Swan mark aforesaid with their rights and appurtenances whatsoever unto the said C. D. his heirs and assigns for ever in as large ample and beneficial manner and form as I the said A. B. or any my Ancestors ever have held held or enjoyed or might or ought to have had held or enjoyed the same In witness c. A Bargain and Sale of under-wood THis Indenture made c. between c. Witnesseth That the said A. B. for and in consideration of the Sum of c. whereof c. hath bargained and sold and by these presents doth bargain and sell unto the said C. D. and all and singular Woods and Under-woods growing and being within the Grove called W. grove and the hedge of the same containing by estimation sixteen acres be it more or less lying and being in the Parish of D. in the County of H. and also all the lops and shreds of all such Trees being within the said grove called W. as have been usually lopped at the selling of the Under-wood growing within the said grove except and alwayes out of this present Sale reserved unto the said A. B. his heirs and assigns all manner of Trees whatsoever other than under-wood now growing or being in or upon the same grove or any parcel thereof To have and to hold the said underwoods lops and shreds before by these presents bargained and sold except before excepted unto the said C. D. his Executors and Assigns to his and their only proper use and behoof And the said A. B. doth covenant c. That he the said C. D. his Executors and Assigns at his and their liberty and pleasure shall or may peaceably and quietly have hold take and enjoy the said Underwoods and enter into the said grove and every part and parcell thereof there to fell hew and cut down all and singular the said woods and under-woods and hedge-rowes at all seasonable times in the year from the day of the date hereof untill the c. and the same so felled hewed and cut down with his and their or any of their horses carts and carriages to bear load carry and convey from thence to any other place or places at his and their liberty and pleasure at all time and times during the space of three years by all convenient ways thereunto now used and accustomed without any lawful let contradiction c. And the said C. D. doth covenant c. That he the said C. D. his Executors and Assigns shall and will at every felling which he or they shall make of the said woods under-woods and trees leave standing and growing in and upon the premisses so many competent and sufficient standards staddels and stories as by the laws and statutes in that case provided is or ought to be left and also shall and will at his and their own proper costs and charges make good all hedges and fences about the young Springs of the said Wood for the safe keeping thereof from hurt and spoil of Beasts and Cattel according to the Custome of the County there In witness c. A sale of Billets and Wood or Timber THis Indenture made c. between T. C. R. W. and G. M. of the one part c. and J. B. and R. W. c. on the otherparty witnesseth That the said c. for the considerations here under mentioned have bargained and sold and by these presents do fully and clearly bargain and sell unto the said c. Ten thousand loads of good merchantable and lawful Western Billets at and after the rate and price of three shillings and six pence the load and also five hundred loads of good merchantable sound and well squared Oken Timber accompting fifty foot to every load at and after the rate and price of ten shillings the load with such deductions and defalcations out of the same several prises as is here under expressed and the same Billets and Timber to be delivered at such places and times and in such manner and form as here-under is mentioned and the said c. to and with c. That they the said T. W. and G. or some of them their c. shall and will and truly deliver or cause to be delivered to the said c. all and every the said Ten thousand loads of Billets and five hundred loads of Timber of the kinde and goodness aforesaid to the proper use of them the said c. free and discharged of all manner of charges and incumbrances whatsoever and allowances water carriage onely excepted at and upon some Wharfe or Wharfes in Henly upon Thames and
E. C. and D. his wife and the heirs and assigns of the said D. or by their or any of their Councel learned in the Law and at their or any of their costs and charges in the Law for their said part portion and purpart of the Premisses and by the said P. H. c. and by the said R.P. c. and by the said W. C. c. and by the said T. L. c. shall be reasonably advised devised and required be it by Fine Feoffment Recovery with Voucher or Vouchers Deed or Deeds inrolled the inrollment of these presents release confirmation and by all these wayes and means or by any of them or otherwise with warranty or warranties against the said W. C. his Heirs and Assigns onely or without warranty at the election and pleasure of such as shall require the same as is aforesaid And that the said W. C. his heirs and assigns shall at all times hereafter from time to time exonerate acquit discharge or otherwise save harmless as well the said E. C. and D. his wife and the heirs and assigns of the said D. The said P.H. c. the said R.P. c. the said W.C. c. and the said J.L. c. as also their said parts portions and purparts of the premisses of and from all and all manner of former bargains sales joyntures dowers uses wills statutes Merchant and of the staple recognizances judgements executions issues fines amerciaments intrusions alienations without license rents charges rents seck arrerages of rents and of and from all other charges incumbrances and demands whatsoever they be had made or done by the said W. C. the like several Covenants for all the rest one after another Mutat mutand And the said W. C. and E. his wife P. H. and D. his wife T. L. and F. his wife covenant and grant for them their Heirs Executors Administrators and Assigns by these presents to and with the said W. L. C. his heirs and assigns That if the said Mannor of W. M. shall happen at any time hereafter to be charged chargeable or extendable by reason of any Statute Recognizance or otherwise for any summe or summes of money before the said seventh day of c. last past due or payable by any act done or acknowledged by any other than the said W. L. C. That then the said E. L. C. and D. his wife c. P. H. c. R. P. and c. W. C. and c. T. L. and c. their Heirs Executors and Administrators shall equally at their indifferent charges bear and pay five parts in six parts to be divided of such summe and summes of money for which the said Mannor of W. M. shall be so charged chargeable or extendable In witness c. An Indenture to avoid the title of Survivorship where Lands are granted to two by Lease THis Indenture made c. between c. Whereas the said A. B. and C. D. in and by one Indenture of Lease made c. do stand and are joyntly interessed and possessed of and in all that the Mannor Lands c. for and during c. as by the said Indenture at large appeareth And for as much as both the said parties are willing and desirous that the Survivor or 〈◊〉 of them shall not at any time hereafter take any commodity or advantage of the Premisses or any parcel of them by way of survivor or overliver according to the course and order of the Common Laws of this Kingdom by reason of the joynt title estate and interest which they have in and to the Premisses by vertue of the Indenture of Lease aforesaid Therefore it is fully covenanted concluded condescended and agreed upon between the said parties in manner and form following viz. first the said A. B. doth c. to and with c. that if it do fortune or happen the said A. B. to survive and overlive the said C. D. for avoiding the said title of survivor in and to the Premisses That he the said A. his Executors Administrators and Assigns shall and will peaceably and quietly permit and suffer the Executors Administrators and Assigns of the said C. D. being then deceased to have occupy and enjoy to their own proper use and uses and to the proper use of any of them in common or in severalty immediately after the death of the said C. at his or their will and pleasure all that the moiety part and purpart of the said C. in and to the premisses and every of them into two equal parts to be divided during the residue and remainder of years of the term of years above mentioned which then at the death of the said C. shall be to come and unexpired without the let or disturbance of the said A. his Executors or Assigns the title of Survivor of and in the Premisses in any wise notwithstanding And also the said C. D. doth covenant c. to and with A. B. c. for avoiding of the said title of Survivor in the Premisses That if it do fortune or happen the said C. to survive and over-live the said A. B. that he the said C. D. ut supra mutat mutand And the said A. B. doth covenant c. to and with c. in manner and form following viz. That he the said A. his Executors Administrators or Assigns or one of them shall pay the moiety and one half of the said yearly Rent of c. unto the said T. B. his Heirs and Assigns in the Indenture of Lease fore-mentioned and also shall bear and discharge half of all the covenants reparations and charges therein contained which on the part of the said A.B. and C. D. are to be observed and done in the said Indenture of Lease comprised And further That the said A. B. his Executors or Assigns shall well truly and safely keep the said Indenture of Lease unsurrendred uncancelled undefaced and whole to the defence saving and preservation as well of the interest title and term of the said C. B. as also of the title interest and term of the said C. D. in and to the Premisses during the term aforesaid the like Covenant for C. D. mutat mutand An Indenture where two have a joynt Estate upon Covenant That either of them may have an equal part in the Land or money lent taking no benefit by Survivorship THis Indenture made c. between A. B. on the one part and C. D. on the other part witnesseth That whereas E. F. by a certain Indenture dated c. for the consideration therein expressed did fully and clearly bargain fell give and grant unto the said A.B. and C. D. their heirs and assigns for ever All that Mannor c. as it is recited in the Sale unto the Habendum then say with divers other covenants grants and articles therein contained amongst which there is a certain Proviso contained and by the same proviso it is provided and agreed That if the said E F.
the husband in tail Remainder to another in Fee and the husband doth suffer a Common Recovery In this case it was held That this was no barre to the Issue in tail for any part for there are no moieties between them And there where the husband alone suffers the Recovery there is no lawful Tenant to the Praecipe and so the Recovery is no barr Co. 3.5 Marquess of Winchester's Case 8. In 25 H. 8. it was held That if my Tenant for life vouch a stranger who doth enter into the Warranty and cannot barre the Demandant and the Demandant doth recover and the Tenant over in value That the Land recovered in Value shall not go to me in Reversion after the death of Tenant for life nor shall the Reversion of the Land recovered in Value be in me in the life of the Tenant for life Broo. Cases Sect. 70. 9. In 30 H. 8. it was held That where there was Tenant for life a remainder in taile or for life and the Tenant for life is impleaded and doth vouch him in remainder who doth vouch one that hath a title of Formedon so the Recovery pass by Voucher then the issue of him that hath a title of Formedon may bring his Formedon and recover against the Tenant for life for the recompence shall not go to the Tenant for life and therefore he may recover for his Ancestor war ranted the remainder only and not the Estate of the Tenant for life and therefore the Tenant for life may not bind him by the Recovery for he did not warrant to him and therefore in this case the sure way is to make the Tenant for life to pray in ayd of him in remainder and they to joyn and vouch him that hath the title of Formedon and so to pass the Recovery for the recompence shall go to them both Broo. Case 143. In the last place we come to the Statutes concerning this Point an abstract whereof followes Stat. 7 H. 8. chap. 4. That Recoverors of Lands Tenements and Advowsons their Heirs and Assigns may distrain for Rents Services and Customs due and unpaid and make avowry and justifie the same and have like remedy for recovering them as the Recoverors might have done or had albeit the Recoverors were never seised thereof and shall have also a Quare Impedit for an Advowson if upon avoidance any disturbance be made by a stranger as the Recoverors might have had albeit the Recoverors were never seised thereof by Presentation And here Avery Avowant or Bayliff in any Replegiari or Second Deliverance if their Avowry Conusance or Justification be found for them or the Plaintiff be otherwise barred shall recover his damages and costs Stat. 21 H. 8. chap. 15. That a Termor for years may falsifie a feigned Recovery had against him in the Reversion and shall retain and enjoy his term against the Recoveror his heirs and assigns according to his Lease Also that the Recoveror shall have like remedy against the Termor his Executors or Assigns by Avowry or Action of Debt for the Rents and Services reserved upon such Lease and due after such Recovery and also like Action for wast done after such Recovery as the Lessor might have had if such Recovery had never been and no Stature-Merchant Staple or Execution by Elegit shall be avoided by such feigned Recovery but such Tenant shall also have like remedy to falsifie such Recoveries as is here Provided for the Lessee for years Stat. 34 35 H. 8. chap. 20. That no feigned Recovery hereafter to be had by assent of parties against any Tenant or Tenants in tayl of any Lands Tenements or Hereditaments whereof the reversion or remainder at the time of such Recovery had shall be in the King shall bind or conclude the Heires in tayle whether any condition or Voucher be had in any such fained recovery or not but that after the death of every such Tenant in tayle against whom such recovery shall be bad the Heirs in tayle may enter hold and enjoy the Lands Tenements and Hereditaments so recovered according to the forme of the gift in tayle the said recovery notwithstanding And here the Heirs of every such Tenant in tayle against whom any such recovery shall be had shall take no advantage for any recompence in value against the Voucher or his Heirs But this Act shall not extend to prejudice the Lessee or Lessces of any such Tenant in tayle made in writing indented of any Mannors Lands c. for 21 years or 3 lives or under whereupon the accustomed Rent or Rents is or shall be yearly reserved during the same Term or Terms but the same Lessee or Lessees shall enjoy his or their Terme or Termes according to the Stat. of 32 H. 8. chap. 28. This Act nowtithstanding Stat. 14 Eliz. chap. 4. That all Recoveries had or prosecuted by agreement of the Parties or by Covin against Tenants by the courtesy Tenants in tayle after possibility of issue extinct Tenant for Life or Lives or of estates determinable upon Life or Lives or of any Lands Tenements or Hereditaments whereof such particular Tenant is so seised or against any other with Voucher over of any such particular Tenant or of any having right or title to any such particular Estate shall from henceforth as against the revertioners of them in Remainder and against their Heirs and Successors be clearly voide But this Act is not to prejudice any persons that shall by good title recover any Lands c. without fraud by reason of any former right or title Also every such Recovery had by the assent and agreement of the person in revertion or remainder appearing of record in any of the Queens Courts shall be good against the party so assenting But this assent must appear upon the same record either upon a Voucher ayd prier receit or the like and not by any extrajudicial entry or memorandum Co. upon Lit. 362. Stat. 14 Eliz. chap. 8. Every fraudulent Recovery against any Tenant for Life or whereupon any Tenant for life or be that hath right to Estate for life is vouched shall be void against him in the revertion or in the remainder unless it be by his own assent appearing by record Recoveries in a writ of right bind all strangers not clayming within the years as being suffered by a Disseisor it bindeth the Disseisor by his own Non-claym 5 E. 3.50 Tenant for Life suffering a wrongful Recovery it shall prejudice his right that hath the inheritance though he prayed in ayde and make default 34 H. 6.2 For no ayde prayer is there necessary in as much as the other being Tenant of the Freehold a Recovery is good against him 4 H. 7.3 But that after the death of Tenant for Life he may falsifie it by action of ad terminum qui praeteriit or writ of Right which we call falsifying of Recoveries 24 H. 8. Br. fan rec 41. But he cannot enter neither can Lessee for years
Prisoner be removed out of the Fleet that was there in Execution out of the Common-Pleas and he be removed by a Habeas Corpus cum causa and then sent to the Marshalsey for another debt and escape from thence In this case the Keeper of the Marshalsey and not the Warden of the Fleet shall be chargeable for both the first and the second debt Co. 4.98 Dyer 278. 10. If a Woman be Warden of the Fleet and she hath Prisoner one in Execution at my Suit and they marry together this shall be adjudged an escape in Law in the Woman for the prisoner is now by Law discharged So if a man have a Prison in Fee and his son and heir be his prisoner and he dye and the prison descend to his son this will be an escape in Law in the Guardian for which I may have an Action of Escape Plowd 37. The Statutes concerning this Point are Westm 2. cap. 18. He that recovereth debt or damages in the Kings Court may at his choyce have a Scire 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 Stat. 32 H. 8. cap. 5. Lands lawfully delivered in Execution upon a Judgment or Recognisance being evicted without any fraud or default in the Tenant before he have levied the whole debt and damages the Recoverer and the Recognisee shall have a Scire facias out of the same Court where Execution was awarded returnable there full Forty dayes after the date And thereupon a new Writ of Execution of the nature of the former to levy the rest of his debt and damages if the Defendant make default or shew no good matter in barre 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 After the year a Scire facias Of a Statute A Statute as it is taken for a legal assurance is an Obligation of Record and it is so called because it is made in pursuance of and according to the Form particularly provided for the same and is of three sorts viz. 1. A Statute Merchant 2. A Statute-Staple 3. A Recognisance 1. The Statute-Merchant is a Bond acknowledged before one of the Clerks of the Statutes Merchant and Mayor c. of the City of London or two Merchants of the said City for that purpose assigned or before the Mayor of York c. chief Warden Master or Mayor of other Cities or Towns or before the Bayliffs of any Burrough or other sufficient men for that purpose appointed sealed with the Seal of the Debtor or Recognisor and of the King which is of two pieces the greater is kept by the Mayor c. and the lesser by the said Clerks This is upon 13 E. 1. Stat. 4. Acton Burnell 11 E. 1. Co. upon Lit. 289. And is after this Form NOverint universi per praesentes me A. B. de c. Teneri C. D. de c. in mille libris legalis monetae Angliae solvendis eidem C.D. ad Festum Sancti Michaelis Archangeli anno Regni Regis c. Et nisi fecero concedo quod currat super me et haeredes meos districtio et Poena provis in Statut. Domini Regis edit apud Westm Dat. apud Lond. die c. anno c. Or otherwise thus NOverint Universi per praesentes me R. D. de M. in Parochia de B. in Com. W. Gen. Teneri et per hoc praesens scriptum de Statut. Mercator firmiter Obligari H. M. de C. in Comitatu Civitatis L. Generos in quingentis libris bonae et legalis monetae Angliae solvend eid H. M. aut suo certo Attornato Executoribus et Assignatis suis in festo c. Et si non fecero volo et concedo quod currant super me haeredes Executores et Administratores meoâ— Districtiones et poenae praemissae in statut â—dit in Parliament Domini Edwardi primi quondam Regis Angliae apud Acton Burnell pro debitis mercatorum Recuperand ' Dat. In English thus MEmorandum That R. T. of H. in the County of K. Esq such a day and year came before our Lord the King in his Chancery at Westminster personally constituted and then and there acknowledged That he did owe c. to E. F. of C. in the County of L. Gent. and S. H. of D. in the said County of L. Gent. c. five hundred pounds of lawful money of England to be paid to the said E F. and S. H. or to their certain Attorney Executors or Assigns on the Feast of St. c. next coming after the date of these presents And if he shall fail in the payment of the aforesaid summe of Money at the Feast aforesaid that then the said R.T. for himself his Executors and Assigns willeth and granteth That the said summe of money shall be levied of his Lands and Tenements Goods and Chattels to the use of the said E.F. and S. H. their Executors and Assigns Witness our said Lord the King at Westminster the day and year above mentioned And these kinds of Statutes although at first ordained and used for Merchants onely yet at this day it is and may be used by any others and it is become one of the most frequent and usual assurances in the Kingdom 2. The Staple doth signifie this or that Town whither the Merchants by common order and command do carry their Commodities as Wooll and the like to vent and utter by the great or whole-sale The Statute-Staple is either properly or improperly so called That which is properly so called is a Bond of Record acknowledged before the Mayor of the Staple in the presence of one of the two Constables of the same Staple and sealed with the Seal of the Staple and sometimes also with the Seal of the party which it seems is not absolutely necessary This was devised and used only for Merchants and Merchandizes of the same Staple and is founded upon 27 E. 3. Stat. 2. Co. super Litt. 289. But this now may be used by Merchants or any other for the payment of debts or assurance of Lands or other things and is of the same nature with the Statute-Merchant A Statute-Staple improperly so called is an Obligation of Record founded upon the Statute of 23 H. 8.6 and is in the nature of a Statute-staple and of the same force This is and may be acknowledged before one of the Chief Justices and in their absence before the Mayor of the Staple at Westminster and the Recorder
Execution upon a Statute or Recognisance and when and how Wherein take notice 1. That when a man doth enter into a Statute or Recognisance the Land of the Conusor is not the debtor but the Body And the Land is lyable onely in respect that it is in the hands of the Conuâ—or at the time of the acknowledging of the Statute or afterwards and the Land is not charged with the debt but chargeable onely at the election of the Conusee but the person is chargeable and the Land in respect of the person And therefore although the Conusor alien his Land to another yet he remains debtor still and his body and goods shall be taken in Execution Plow 72. 2. That the body of the Conusor himself but not the body of his Heir Executor or Administrator is lyable to Execution and may be taken although there be Lands Goods and Chattels to satisfie the debt 3. That all the Demesne Lands Tenements and Hereditaments corporeal and incorporeal of the Conusor that are grantable over as his Mannors Messuages Lands meadows Pastures Woods Rents Commons Tythes Advowsons and the like also his Goods and Chattels as Leases for years and all his Emblements Cattel Housholdstuff and the like and Wardships when they were in being are lyable to Execution upon a Statute But Annuities Offices in Trust Seigniories in Frank-almoigne Homage Fealty Right to Land things in action and such like are not liable to such Execution Co. 3.12 Plow 72. Co. 2.59 Litt. Sect. 318. Dyer 7.205 Co. on Litt. 174. Doct. Stud. 53. Co. 2. Part. Inst 397. 4. All the Lands Tenements and Hereditaments which the Conusor had at the time of the Recognisance entred into or at any time after in whose hands soever or by what means soever the same are come at the time of the Execution shall be subject and lyable to the Execution But the Lands which the Conusor had and did put away before the time of the Statute or Recognisance entred into are not lyable And all the Goods and Chattels the Conusor hath or are found in his hands at the time when the Execution is to be made by Extendi facias are lyable But the Goods and Chattels he had and did bona fide do away before the time of Execution done are not lyable to the Execution Co. 3.12 5. The Conusee upon other Recognizances shall have the same things in execution as a man shall have after a Judgment in a Suit in the Kings-Bench or Common Pleas by Fieri facias or Levari facias all his Goods and Chattels and by Elegit the moiety of his Lands and all his Chattels besides the Cattel of his Plow and Implements of Husbandry But in these cases he cannot take the body of the Conusor in Execution unless it be upon a new Suit or in case of Bayl in the Kings Bench. Plow 72. Co. 3.12 Dyer 306. In the next place I will shew you the Method how a Statute or Recognizance is to be executed and all the proceedings thereupon Wherein observe That Recognisances are of two sorts 1. Such as are usually taken in the Kings Courts of Record at Westminster 2. Such as are in the nature of a Statute staple by the Statute of 23 H. 8. The proceedings upon the Statute Staple and the Recognisance founded on the 23 H. 8. aforesaid in the execution thereof are in the same manner as the proceedings in the Statute Merchant which I mention hereafter but with these differences 1. Upon the execution of the Statute-Merchant there issues forth a Capias against the Body before any execution be made of the Lands or Goods and Chattels and the Lands and goods cannot be extended till a quarter of a year be past after the Body is taken or the Sheriff have teturned a Non est Inventus But upon the execution of the Statute-Staple and the Recognisance the Body goods and Lands may be taken altogether at once Then secondly Upon a Statute-Merchant one may have an Action of debt but otherwise it is of a Statute-staple And thirdly The Capias upon the Statute-Merchant may be returnable in the Kings-Bench or Common-Pleas but the Writ of Execution upon the other is to be returnable in Chancery F.N.B. 130 131. Co. on Litt 290. Fourthly That in a Statute-Staple presently after the Certificate into the Chancery the Conusee shall have a Writ to take his body and extend his Lands and Goods returnable in Chancery which is a Commission directed to the Sheriff of the County where the Goods and Lands lye for the valuing thereof whereby they shall be apprised at a reasonable rate by a Jury of sworn men impanelled by the Sheriff for that purpose which Inquisition returned by the Sheriff he may take and deliver the Lands and Goods to the Conusee To hold the same till he be satisfied of his debt and damages or if he refuse the Conusee may force him to it by a Liberate Dyer 180. Co. 4.67 The proceedings upon a Statute Merchant are That the Conusee may if he please bring his Statute to the Mayor Clerk or other Officer before whom it was acknowledged and there if they find the record of it and the day to be past for the payment of the money they are to apprehend and imprison the body of the Conusor if he be a Lay-person and can be found within their Jurisdiction And if he cannot be found then they are to certifie the Record into Chancery And this they may be compelled to by Certiorari if otherwise they refuse to do it And upon a Nihil returned upon a Testatum est he may have process into another County but otherwise it is of goods And if that Certificate be faulty or Execution be not done upon it by reason of the Conusees death or otherwise the Conusee or his Executor or Administrator may have another Certificate and thereupon he shall have a Writ of Capias out of the Chancery directed to the Sheriff of the County where the Conusor lives to apprehend and imprison him if he be not a Clergy-man and this to be returned into the Kings Bench or Common-Pleas And when the Conusor is taken he shall have time for a quarter of a year to make his agreement with the Conusee and to sell his Lands or Goods to satisfie him And to that purpose he himself may sell his Lands and Goods although he be in prison and the sale thereof will be good and lawful But if in that time he do not satisfie the Conusor or if upon the Capias the Sheriff return a Non est inventus then by another or divers Writs if the Lands and Goods lye in divers Counties called Extendi facias to all the Sheriffs of the Counties where he hath Lands whereby they shall be commanded to extend his Lands and goods and to deliver the goods to him and the Lands To hold to him and his heirs till the debt be levied or paid And this Act of the Sheriff
and Jury upon this Writ is called an Extent And if the Sheriff or Apprisors upon the Extendi facias over-value the Lands or Goods in favour to the debtor the Conusee hath no remedy but by motion in that Court where the Writ is returnable at the Return day or at least the same Term to desire that the Apprisors may take the Lands or Goods at the rate they have valued them in the same manner as the Corusee is to have them And a Sale made of Goods in this case by the Sheriff is as strong as if it were in Market-overt And when the Conusee is in possession of Lands by such an Extent as before then is he Tenant by Statute And after the Conusee is once setled in peace in the Lands extended he shall hold them till he be satisfied his debt and his reasonable costs and damages for travel suit delay and expence See for this Dyer 299. Co. 5.87 F.N.B. 130. Co. on Litt. 290. Co. 2. Part Inst 395 396. The proceedings upon the other kinds of Recognisances are after another manner For upon Recognizances at the Common Law if the money be not paid at the day the Conusee his Executor or Administrator is to bring a Scire facias against the Conusor or if he be dead against his heir when he is of full age or if the Lands the Conusor had at the time of entring into the Recognisance be sold against the Purchasors of them which the Conusor had at any time after the Recognisance entred into to warn them to come into the Court whence the Scire facias issued to shew cause why Execution should not be made upon the said Recognisance and if the party or parties cannot be sound to be warned or being warned do not appear at the time or appearing do not shew cause why the debt should not be levied In this case the Conusee shall have Execution of his moiety by Elegit or if the Conusor be living of all his Goods by Levari or Fieri facias at his Election but he may not have Execution of his Body unless he bring an Action of Debt upon the Recognisance as in this case he may do or it be by the course of the Court as it is in the Kings Bench on a Bayl wherein a Capias doth lye Dyer 315 360 366. The proceedings against the Sureties upon Statutes are to be in the same manner as the proceeding against the Principal And yet where the Principal hath moveables to satisfie the debt the Surety as it seems is not to be charged I will Illustrate this matter in the next place with some few Cases And first 1. Tenant by Elegit upon Judgments and Recognisances is to hold the Land until he be answered his debt without his costs and Mises c. But Tenant by Statute Merchant Statute-Staple or by Recognisance in nature of a Statute-Staple is to hold the Land c. untill he be paid his debt together with his Mises and Costs Co. 2. part Inst 678. 2. In case where Extenders upon Elegit or other Writ of Execution or upon a Recognisance in Court do extend the Land too high they shall not be forced to take it at the rate as the Extenders of Land for Execution upon a Statute-Merchant Staple or Recognisance in nature of a Statute-Staple shall be Bendloes Rep. 15. Co. on Litt. 290. Yelverton 55. 3. If one seised of White-acre Black-acre and Green-acre enter into a Statute or Judgment against him and then he enfeoffeth A. of White-acre and B. of Black-acre and keep Green-acre to himself in this case the Conusee or Plaintiff may have his Execution upon the moiety of Green-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
Defendant avowing for damage Feasant the Plaintiff justifieth by reason of Common of Pasture Stat. Marlb cap. 21. The Sheriff may replevin Beasts not onely without but within a Liberty also if the Bayliff of the Liberty will not Stat. Westm 2. cap. 2. The Sheriff or Bayliff shall take Pledges of the Plaintiff not onely de prosequendo before they make deliverance of the Beasts but of returning the Beasts if a return be adjudged he that taketh pledge otherwise shall answer the price of the Beasts Upon a Return awarded to the Defendant the Writ de Returno habendo shall have this Clause That the Sheriff shall not deliver them without Writ wherein mention shall be made of the Judgement And thereupon the Plaintiff if he will may have a judicial Writ to the Sheriff to deliver him the Beasts Upon a Return awarded after which if a Return another time be awarded there shall be no more Replevins And if upon his default a second time or otherwise the Defendant be adjudged to have a New Return the Distress shall remain irreplegiable Stat. 1 2 Phil. Ma. cap. 12. Every Sheriff of a Shire being no City shall at his first County day or within two moneths after the receit of his Patent proclaim in the Shire Town four Deputies at the least dwelling not past Twelve miles one from another which in his name shall make Replevins as the Sheriff might do himself This is all thought fit at the present to be Added to make this Book Compleat wherein you not onely find the Choycest Presidents in their kinds but the Nature and Use of them according to the Common Law or as bounded by Statutes And withall given a short Touch upon Distresses and Replevins with the Statutes relating thereto FINIS The Table A INdenture of Annuity 1 118 159 450 571 Assignment of a Lease in trust 10 138 176 Atturney Letter of Atturney 33 144 147.199 200 Another 34 146 148 149 201 203 204 319 341 Award the form thereof 34 172 584 587 Assignment of two several Obligations 52 Assignment of two Apprentices c. 53 Assignment of a Lease of Partition c. 57 Assignment of a wharf-stocke c. with a general Release c. 61 Assignment of a Lease c. with an Execution 62 67 134 491 Assignment with a Proviso 96 Assignment of Lands taken upon extent 98 Apprentiship Indenture thereof 119 Assignment of a moyety of a house goods c. 136 Assignment of an Annuity 140 175 Apprentice discharge of him 144 Arbitrement condition of a bond thereof 153 160 Apprentice covenant for his truth 153 Annuity released 330. Atturney Letters of Atturney several kindes thereof 342 343 344 345 346 347 369 386 Assignment letter of Atturney of several bonds 381 Answer in Chancery beginning end thereof 425 Title of a Second answer c. 427 Affidavit that a Defendant cannot answer without sight of writings 429 Administrators account the form thereof 430 Answer in Chancery to a bill there-exhibit 431 Articles of agreement form thereof 439 454 561 Acquittance for purchase money 501 Attornment of tenants indorsing thereof ibid. Assignments of several Leases with good Covenants 536 Articles for buildings 557 Articles to Surrender Copyhold lands c. 565 Assignment of a bond for collaterall Security 570 Articles to hold Coyhold lands from year to years c. 574 Allotment of several parcels of Land an Indenture to that purpose 632 Atturney Letter of atturney Irrevocable with covenant c. 650 Another of another kind 651 Of a mans Estate in generall 652 Of severall Sums of money 653 Assignment of certain debts 654 B BIll of Sale 17 170 Bond assignment thereof 41 Bargayne and Sale of a Mannor with necessary Covenants 102 120 Bargayn and Sale of a house in London 130 Bill of Debt 163 489 654 Bill obligatory 164 Bargaine and Sale of houshold-stuffe and others 170 171 Bargaine and Sale of trees 208 Bargaine and Sale absolute of a house Land 214 607 609 Brewers Clarke a condition for him 225 Bargaine and Sale of woods 320 618 619 Burgess to serve in Parl. Indenture 357 Bills in Chancery Several formes thereof 420 433 Bill of Revivor 424 Bargaine and Sale deed to revoke it 442 Bargaine and Sale for collaterall Security 483 Bargaine and Sale upon Surrender of a Lease 511 Bargaine and Sale in trust 523 A plain Bargaine and Sale to be enrolled 556 Bargaine and Sale from the mortgages and mortgager to another before time of redemption 593 Bargaine and Sale conditionall to Feoffees in trust 599 Bargaine Sale of Swan and Swan-mark 617 C Condition to pay a Summe of Money at two payments c. 32 179 Condition to make Free an Apprentice 33 Condition to pay Money in 14 dayes c. 56 160 Condition to yay Money to Children at their several Ages according to a Will c. 59 60 Condition to pay Rent quarterly c. 87 158 188 192 332 549 Covenant to deliver possession or a deed 95 185 300 Contract of matrimony revoked 97 Charter-party for a ships voyage 100 395 Conveyance in Fee of a house and land c. 125 Copyhold Covenant to Surrender it 151 156 199 332 Covenant for further assurance 151 154 158 Covenant that he is lawfully seized c. 152 Covenant not to cut down or Sell trees c. 152 Condition of a Bond of Arbitrement 153 160 Condition to find one dyet by the year 155 Condition to save a tenant harmless for payment of rent the title being in controversy 155 547 Condition to discharge Churchwardens of a child c. 156 Condition for quiet enjoyment c. 157 187 188 327 Condition to Save harmless c. 161 183 190 193 196 197 198 Condition to pay money upon a nonsuit 162 Condition to perform Covenants 162 180 298 Condition to deliver Hay or Oats at a day 179 Condition to stand to an Award c. 180 Condition not to demise or alien without consent 181 Condition to justifie actions c. 182 Condition to pay money yearly c. 183 185 Condition to seal an Indenture by a day 184 Condition to assign a Lease c. by a day 186 302 Condition not to do any act to prejudice the estate of the Obligee in a Lease c. 187 Condition from a husband to secure childrens estates 189 Condition for an hired Servants truth 191 Condition to pay money at the end of an Apprentiship 194 Condition to repay money upon dislike c. 195 Condition to build a house or Farm ibid. 299 Conveyance of Land upon marriage 218 Condition that Land is free from incumbrances 224 Condition for a Brewers Clerk 225 Covenant to seal a new Lease and the Lessee in the interim to enjoy 236 Covenant to pay the Sheriff for an Arrest 238 Covenants between Partners at the dissolution of their Partnership 238 Conveyance from tenant in tayle to Baron and Feme and the heirs of the Baron for ever
245 Condition to pay money weekly 297 Condition to pay money in 3 years 298 Condition collaterall 299 Condition to pay money at ones returne from Sea 301 Condition to deliver wooll 302 Condition to renew a Lease when the Lessor comes to full age 303 Condition to gather Rents and give account thereof 304 305 Condition to bring an Inventory into the Prerogative Court by a day 307 Condition to assure mortgaged lands upon defect of redemption 308 Condition to acknowledg a Statute by a day 309 Condition not to meddle with an Executorship c. 310 Condition to procure a release and save harmless 311 312 337 Condition to release Dower 313 Condition that a man will suffer his wife to make a Will 313 385 Condition to marry one by a day c. 314 Condition to be a true Prisoner ibid. Condition to save harmless c. 315 333 338 502 Condition of a Factor to serve his Merchant c. ibid. Condition to pay use for Orphanage or Legacy-money 316 Condition for executing a Gaolership 317 339 Condition to reassure lands 318 Condition to find an Apprentice clothes 323 Condition not to be bound for any one 324 Condition to surrender land or pay money 325 Condition to keep the Peace ibid. Condition to pay money c. 326 327 Condition to recover a debt c. ibid. Condition to enjoy lands for non-payment of money 329 Condition upon an Attachment 331 Condition about payment of purchase-money 334 Copyhold lands demise thereof 358 Conditions of several kinds 383 384 647 648 649 Constables Articles to be observed by them 391 Condition to Replevy goods 438 Conveyance of land by 3. Co-heirs and their husbands 507 Covenant to deliver Evidences by such a time 525 Covenant to settle lands for natural affection 534 Condition of a Counter-bond 535 Condition to save harmless 581 582 D. DEed to justifie Actions upon setting over a Statute 30 Dower release thereof 45 Demise of divers lands c. paying a pepper corn yearly 108 Defeasance upon a Bond sued to Judgment 115 167 Defeasance to make void Statutes c. 123 Debt bill thereof 163 Defeasance upon a Statute 167 416 550 Defeasance upon a Mortgage 168 Deed of Settlement to several uses and in default c. as by Will or other writing shall be appointed 293 Debts assignment thereof c. 370 Declaration by a wife of the disposal of a sum of money according to a power reserved c. 375 Discharge to the Sheriff 388 Debts Conveyance for payment of debts 410 Demurrer and Plea form thereof 425 Deputation to a Bayliff or Receiver 644 Disease condition to cure it or repay the money 646 E. EXtent a grant thereof 40 Executor discharged from an Orphans portion in London c. 190 Executors covenant to discharge them from payment of Legacies to Nonage 192 Executors bound to diligence in executing a Will and to account 194 Extent assignment thereof 322 Executors Covenants between them 503 Executor condition to save him harmless 548 F. FIne Covenant to levy it 150 162 185 276 Fine uses thereof declared by Deed 269 Forma Pauperis certificate affidavit and Petition or the same 426 427 Feoffment with a Letter of Atturney 462 Fine uses thereof well declared 526 G. GRant of the reversion of certain Lands 22 Gift Deed of Gift 44 234 235 Goods in a Ship transport thereof 232 Observations upon a Deed of Gift 236 Grant of Lands in Fee in consideration of money and other Lands in exchange 551 Grant of the next Donation of a Benefice 655 H. DEed to save Harmless 6 I. JUdgment assignment thereof with a Letter of Atturney therein 12 139 173 Joynture an assurance thereof to a wife with remainder in tail 47 A Joynture with divers limitations and a Proviso for Revocation 76 Indenture to lead the use of a Fine 107 Indenture of redemise c. with Proviso c. 110 Joynture to the wife before marriage 128 220 Judgment condition to acknowledg satisfaction thereon 154 Joynture a deed thereof with uses 227 Inheritance conveyed by Deed c. 265 Indenture for equal division of goods c. 414 640 Indenture in lieu of Joynture 505 Indenture of Settlement well penn'd 541 L. LEase with extraordinary Covenants 4 Lease of a house and lands made in consideration of a sum the Fee-simple being in the Lessor 8 Letter of Atturney to receive one single debt 33 144 Lease in consideration of the surrender of a former with good Covenants 35 Lease of Tythes 43 Lease of a Fee-Farm c. with necessary Covenants 49 Letter of Atturney to enter upon lands and deliver a lease 55 56 145 202 Lease of divers lands c. with covenant to pay Heriots c. 71 Lease of lands by way of mortgage 92 Lease of a house in London 112 Lease to try a Title 129 387 Lease of a house and lands in the Country 209 Lease of a Warren of Conies 354 Licence to Hawk Hunt and Fish ibid. Lease of Cole-Mines 355 Letters of Licence 356 371 373 458 Lease of goods levied by the Sheriff 360 Lease of lands in Barbadoes 361 Lease from a Company 363 Lease from a Parson and Church-wardens with a Covenant for building c. 364 Lease from a Town or Corporation 365 Lease for 3. lives with Letter of Atturney c. 367 519 Livery of Seisin Memorandum thereof 413 490 Lease of a Mill 434 Lease for a year 452 Lease of a side of a Shop c. 459 Lease in trust 493 495 Lease of Lands with Exception of Woods 514 Lease forfeited upon a Mortgage assignment thereof 517 Lease to be void on payment of c. 583 Lease of a Ferry 588 Lease to three whereby every one is to pay bear and receive equally 641 M. MOrtgage assignment thereof 14 Mortgage for indempnity of Sureties 15 Maâ—â—mony pretended contract thereof revoked 97 Mortgage of Lands upon money c. 101 Marriage condition concerning it 163 Mortgage confirmation thereof 469 Marriage Lands setled to uses thereon and a fine levied to those uses 471 473 Mortgage deed thereof 476 Mannor Conveyance thereof 479 Marriage Indenture to stand seised to uses in consideration thereof 567 N NOnsuit condition to pay money thereon 162 O OBligations Assignment of two Severall ones 52 Obligation covenant to deliver it 185 Covenant to discharge it by a day 328 Obligation single from one to one 437 From two to one ibid. From three to one 438 Obligation and Condition from a bayliff and his Suretyes to a High-Sheriff 578 P PRoviso to make a demise void and a Covenant to grant a a new Lease 54 Partition Indentures thereof 116 389 639 Protection in Parliament time 172 Protection revoked 208 Partition of debts between partners 24â— Partnership deed thereof between four Merchants 398 Plea and Demurrer 425 Forma pauperis Certificate and affidavit thereof 426 Presentation of a Minister to a Living 446 Parsonage a Lease thereof 447 461 462 Park Keepership thereof granted 643 R
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
Barns Stables Yards Backsides Orchards Gardens Wayes Easements Passages Profits Commons Commodities Lands Tenements Hereditaments and Appurtenances whatsoever thereunto belonging or appertaining and now used therewith and also all the estate right title interest claim and demand whatsoever of them the said R.D. and I. P. and either of them of in and to the said Cottage or Tenement lands and premisses hereby bargained and sold or mentioned or intended to be bargained and sold and every of them All which premisses are in the Occupation of the said K. C. or her Assigns To have and to hold the said Cottage or Tenement and all other the premisses with their appurtenances hereby bargained and sold or mentioned to be bargained and sold unto the said K. C. her heirs and assigns To the only proper use and behoof of the said K. C. her heirs and assigns for ever And the said R. D. for himself his Heirs Executors and Administrators and for every of them by these presents doth covenant and grant to and with the said K. C. her c. That they the said R.D. and I. P. for and notwithstanding any act or thing by them or either of them done or suffered to the contrary now are seized in Fee-simple to them and their heirs of and in the said Cottage or Tenement and premisses And that notwithstanding any such act or thing by them or either of them done or suffered to the contrary as aforesaid they now have and at the time of executing an estate of the premisses by force of these presents shall have good right and lawful authority to bargain sell and convey the said Cottage and premisses with the appurtenances unto the said K.C. her heirs and assigns according to the intent of these presents And that the said Cottage or Tenement and premisses and every of them now are and so shall for ever hereafter remain continue and be unto the said K. C. her heirs and assigns freed and discharged from all charges and Incumbrances whatsoever had made committed or done by them the said R. D. and I. P. or either of them or by their or either of their act means content or procurement And that she the said K. C. her Heirs and Assigns and every of them shall or may for ever hereafter quietly and peaceably have hold occupy possess and enjoy the said Cottage or Tenement and all other the premisses with the Appurtenances without the let suit trouble disturbance denial molestation interruption or eviction of them the said R. D. and I. P. and either of them their and either of their Heirs and Assigns and of all and every other person and persons whatsoever lawfully claiming by from or under them or either of them their or either of their estate right or title And also that they the said R. D. and I. P. their Heirs and Assigns and every of them shall and will from time to time and at all times during the space of three years next ensuing the date hereof at the request and costs of the said K. C. her Heirs and Assigns further do make suffer acknowledge and execute all and every such further and other lawful and reasonable act and thing for the further better and more perfect assuring and conveying of the said Cottage or Tenement Premisses with the Appurtenances unto her the said K. C. her heirs and assigns Be it by Fine Feoffment Release or otherwise with warranty of them the said R. D. and I. P. and their Heirs against them their Heirs and Assigns or without warranty as by her the said K. C. her Heirs or Assigns or her their or any of their Councel learned in the Laws shall be reasonably devised or advised and required All which further or other assurances by fine or otherwise shall be and enure and shall be adjudged deemed and taken to be and enure to the only proper use and behoof of her the said K. C. her heirs or assigns subject to the Proviso hereafter expressed Viz. Provided alwayes and upon Condition That if the said Messuage or Tenement Lands and Premisses or any of them herein before mentioned to be Demised to them the said R. D. and I. D. their heirs and assigns shall at any time hereafter be evicted from them the said R D. and I. P. their heirs or assigns or any of them for or by reason of the said Lease made as aforesaid by the said A. or by any other claiming under his estate for or by reason of the said Lease or other that then immediately upon and after such eviction this Indenture of Bargain and Sale and all and every matter and thing herein contained shall cease and be utterly void to all intents and purposes This Indenture or any thing herein contained to the contrary thereof in any wise not withstanding In witness whereof c. A Lease of Lands with exceptions of Woods well penn'd THis Indenture made c. between T. L. of c. of the one part and R. L. of c. on the other part witnesseth That the said T. L. for and in consideration of the yearly Rent and Covenants hereby reserved and for other good causes and considerations him moving The Demise Hath demised set and to farm-letten and by these presents doth demise set and to farm-let unto the said R. L. his Executors and Assigns All those Closes and Grounds called or known by the name or names of M. and B. late in the tenure of I. B. his Assignee or Assignees lying and being in P. aforesaid except all Woods Under-woods Timber and Trees growing or to be growing on the premisses or any of them with free liberty of ingress egress and regress to and for the said T. L. his Heirs Executors and Assigns and every of them at all times to fell sell cut down and carry away all or any the said woods Timber and Trees at his and their free-wills and pleasures and also except all that Coppice or wood-ground lying and being in P. aforesaid now in the occupation of the said T. L. and all Woods and Under-woods growing or to be growing on the said Copice of wood-ground with free liberty and power to and for him the said R. L. his Executors and Assigns from time to time during the term hereby demised to fell sell or otherwise dispose of the same at his and their free-wills and pleasures without impeachment of wast except and alwayes reserved unto the said T. L. his Heirs Executors and Assigns all hedges and all such trees as grow in any the hedges about the said Copice or within one foot of any the hedges about the same and all Wayes Easements Passages Profits Commons and Commodities to the said Closes and Premisses or any of them belonging or appertaining except before excepted To have and to hold the said Closes Habendum Copice or grove and all other the premisses with their and every of their appurtenances except before excepted unto the said R. L. his
seized of so much and such part and parcel of the said Lordships Mannors and Premisses as either in respect of not making and naming the right Tenant of the Free-hold in the severall Writs of Entry aforesaid or in respect of any other legal defect shall not be by the severall and Recoveries aforesaid well and sufficiently assure and settle to the several uses before in and by these presents expressed to the severall and respective uses intents and purposes hereafter in and by these presents expressed appointed and declared and to none other use intent or purpose whatsoever that is to say to the use and behoof of the said C. Lord S. and his assigns for and during the Term of his naturall life without impeachment of or for any manner of wast and from and after the decease of the said C. Lord S. then to the use and behoof of the said D. L. and her Assigns for and during the term of his natural life and from and after her decease then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten and for default of such issue then to the use and behoof of the right heirs of the said C. Lord S. for ever In witnesse whereof to one part of these present Indentures remaining with the said E. Lord G. Dame I. his wife D. L. and I. S. The said C. Lord S. W. N. and A. T. have interchangeably subscribed and set their severall hands and seals and to one other part of these present Indenture remaining with the said W.N. and A. T. the said C. Lord S. E. L. G. Dame I. his wife D. L. and I. S. have interchangeably subscribed and set their several hands and seals and to one other part of these Indentures remaining with the said C. Lord S. the said W.N. A.T. E.L. G. Dame I. his wife D. L. and I.S. have interchangeably subscribed and set their several hands and seals the Day and Year first above-written Anno Dom. A Condition to save harmless where one Attorns Tenant with a Covenant to grant a Lease when the premisses are setled in the Obligee THe Condition of this Obligation is such That whereas the within named I. S. hath attorned Tenant and doth and is contented to pay his Rent being Eleven pounds ten shillings per annum unto the within bound T. S. his heirs or assigns for the Messuage or Tenement with the Appurtenances wherein the said J.S. now dwelleth scituate near W. London If therefore the said T.S. his Heirs Executors Administrators or Assigns do from time to time and at all times hereafter clearly acquit discharge or sufficiently save harmless and indemnified the said J. S. his Executors Administrators and Assigns goods and chattels as well against one R. N. of the Parish of Saint G. in the Fields in the County of M. gent. and K. his wife and against the Heirs and Assigns of the same K. also against all and every other person and persons whatsoever of for from touching and concerning all such and so much Rent as he the said J. S. his Executors or Assigns hath already paid or shall hereafter pay to the said T. S. his heirs or assigns for the Tenement aforesaid with the Appurtenances and also of and from all Actions Suits Charges Distresses Forfeitures Judgments Executions and all other Damages Troubles and Incumbrances whatsoever that shall or may arise or grow or be had commenced or prosecuted against the said J. S. his Executors Administrators or Assigns by reason of paying the said Rent or any part thereof unto the said T. S. his Heirs or Assigns or by reason of occupying of the said Tenement And further If in case the said T. S. his heirs or assigns do or shall quietly hold and enjoy the possession of the Tenement aforesaid with the appurtenances amongst other things as he the same T. now doth for and during the space of two years next coming after the date within written without any further new Suit Then if the said T. S. his heirs or assigns do within one month next after the end and expiration of the said term of two years or after such time as the estate of the premisses shall be perfectly setled in the said T. or his heirs at the reasonable request and at the costs and charges in the Law of the said J. S. his Executors or Administrators by good lawfull and sufficient Indenture of Lease in due form of Law to be had made and executed Demise grant and to Farm-let unto the said J. his Executors Administrators and Assigns all the said Messuage or Tenement with the appurtenances wherein the said J. now dwelleth as aforesaid for so many years as will make up the remainder of the term of years in his former Lease granted full Twenty and one years and under the yearly Rent of Eleven pounds ten shillings quarterly to be paid to the said T. his heirs or assigns or within one and twenty dayes next after every Quarter-day by even portions and with such other reasonable Covenants therein to be contained as are commonly used in such like Leases That then this present Obligation shall be void and of none effect or else it shall stand and remain in full force strength and vertue A Condition to save harmless an Executor for payment of several Legacies to Orphans with a Covenant to see the same Legacies disposed to the best advantage for the Legatees THe Condition of this Obligation is such That whereas M.D. late of St. J. street in the County of M. Widow deceased by her last Will and Testament in Writing bearing date the Tenth day of M. in the Year of our Lord God One thousand six hundred and fourteen did amongst other Legacies and Bequests give and bequâ—ath unto M. T. and A. T. Daughters of the within-bound T. T. Five shillings a piece of lawfull money of E. as by the sâ—me Will more at large appeareth Which said Sums of five shillings a piece the within named I. S. Executor of the last Will and Testament of the said M. D. hath at the Request of the said T. T. at and before the ensealing and delivery hereof paid and disbursed to the said T.T. for the use and behoof of his said Daughters M. and A. If therefore the said T. T. his Executors and Administrators and every of them do from time to time and at all times hereafter freely and clearly acquit exonerate and discharge or otherwise well and sufficiently save defend and keep harmlesse the said I. S. his Executors and administrators and every of them and all and every of his and their Lands Tenements Goods and Chattels as well of from and against the said M. and A. their Executors Administrators and Assigns as also of from and against all other persons whatsoever of for and concerning the payment of the said Sums of five shillings a piece to the said T. T. their Father