Heirs and Assigns And that the said I. L. shall or lawfully may from time to time and at all times hereafter for ever lawfully and quietly have hold occupy and enjoy the said Messuages c. without any lawfull let eviction expulsion or disturbance of the said W. B. his Heirs or Assign or of any other person or persons whatsoever other than of and from such evictions and disturbances as by the Heirs or Assigns of R. B. late of B. in the said County deceased shall hereafter happen to be made by re-entry upon the said premises according unto a Condition in a certain Deed Indented bearing date c. contained by reason only for and in default of payment hereafter by the said I. L. his Heirs or Assigns to be made unto the said Heirs or Assigns of the said R. B. deceased contrary to the form of the said Condition of one Annuity or yearly Rent of payment of c. hereafter in or by the said Indenture reserved granted or payable unto the said R. B. his Heirs or Assigns of some part thereof And that the said Messuage c. and all and singular other the premises before by these presents mentioned to be bargained and sold with th' appurtenances at the time of the ensealing and delivery of these presents be and so from time to time and at all times hereafter shall continne remain and be unto the said I. L. his Heirs and Assigns clearly acquitted and discharged or else sufficiently saved harmlesse and indempnified of and from all and all manner of Morgages Feoffments grants alienations Entails Joyntures Dowers Leases Conditions of Statutes Merchant and of the Staple Recogn Rent-charges Rent-secks Arrerages of Rents Judgements Condemnations Executions and of and from all other interests titles charges and incumbrances whatsoever had made done executed committed or suffered by the said W. B. his Heirs or Assigns or by any other person or persons whatsoever The Rents and Services from henceforth to be due and payable to the Lord or Lords of the Fee or Fees thereof And one yearly Rent or payment of c. a year due or payable unto one I. B. of S. aforesaid and his Heirs And all re-entries by the Heirs and Assigns of the said R. B. hereafter to be made by vertue of the said recited Condition only for and in default of payment after the ensealing and delivery of these presents by the said I. L. his Heirs and Assigns to be made by the Annuity or yearly rent or payment of c. in or by the faid recited Indenture reserved or payable only excepted and forepâ—sed And also that the said W. B. and M. his Wife and the Heirs and Assigns of the said W. and all and every person or persons anything in the said Messuages and premises or in any part thereof having or lawfully claiming to have by from or under the said W. B. his Heirs and Assigns shall and will from time to time and at all times hereafter during the space of c. next ensuing the date of these presents upon reasonable request and at the cost and charges in the Law of the said I. L. his Heirs and Assigns knowledge make do execute and suffer or cause to be made done knowledged and executed unto the said I. L. his Heirs or Assigns or to such other person or persons as he or they shall nominate appoint All and every such further act and acts thing or things devise and devises whatsoever be it by Fine Feoffment Recovery with Voucher or Vouchers Release Confirmations with Warranty against all persons or without Warranty or by any or as many of these wayes and means or by any other lawfull assurance or assurances as by the said I. L. his Heirs or Assigns or by his or their learned Counsel in the Law shall be reasonably devised or advised And finally the said W.B. doth by these presents for him his Heirs c. further covenant and grant to and with the said I. L. his Heirs c. that the said recited Condition in the said recited Indenture contained made or reserved for the payment of the said Annuity or yearly rent or payment of c. is not nor at any time heretofore hath been by him the said W. his Heirs or Assigns broken nor that the Heirs or Assigns of the said W. B. nor any person or persons may or ought for or by reason of any default in payment of the said yearly rent or payment of the said c. nor for any other condition cause or matter whatsoever heretofore made done committed executed or suffered enter or re-enter into the said Messuage or other the premises or any part thereof or lawfully defeat the estate interest or possession of the said W. B. his Heirs or Assigns or of the said I. L. his Heirs or Assigns or any part thereof in and to the said Messuage and premises or of in or to any part or parcel thereof In witnesse whereof c. ¶ A Covenant that the Bargainer is solely seised of a rightfull estate in Fee or Fee-tayl the Reversion or Reversions not to the King ANd the said I. R. doth by these presents for him his Heirs c. covenant and grant to and with the said I. G. his Heirs c. in manner and form following viz. That he the said I. R. at the time of the ensealing and delivery of these presents is solely lawfully and rightfully seised of and in the said Manor Lands Tenements Rents Services and other the premises with the appurtenances in his own right in his demean as of Fee-simple or in Fee tail general or as heir of the tail special of an absolute estate without condition or determination otherwise than for default of issue of his body lawfully begotten with the reversion or reversions thereof in Fee-simple to him and his Heirs or to some other common person and not to the Commonwealth c. immediatly appertaining c. Covenants that the Bargainer shall made satisfaction for so much of the premises as shall be recovered from the Bargainee ANd further the said I. T. doth by these presents for him his Heirs Executors and Assigns covenant and grant to and with the said A. L. That he the said I. T. his Heirs c. shall and will likewise from time to time and at all times for ever from and after the ensealing and delivery of these presents either well and sufficiently save and keep harmlesse as well the said A. L. his Heirs and Assigns as also the said capital Messuage Lands Tenements and Hereditaments before mentioned to be bargained and sold with all and singular their appurtenances of and from all and all manner of Rent-secks Arrerages of Rents Statutes Merchant of the Staple Recog Iudgments Executions Forfeitures Amerciaments Intrusions and of and from all other interests titles charges and incumbrances whatsoever before the ensealing and delivery of these presents had made done committed or executed which at any time or
said M. will thereunto agree And the said R. T. doth covenant and grant to and with the said H. F. that the said M. shall likewise before then said c. next c. marry and take to Husband the said H. F. if the laws of holy Church will that permit and the said H. will thereunto agree Covenant that he is seised of a sure indefeasible estate in Fee-simple in his own right that he had full power to convey the Lands according to the intent of these presents And further the said H. F. doth for him his Heirs c. covenant and grant to and with the said R. T. his Heirs c. that he the said H. F. is at the time of th' ensealing and delivery of these presents seised in his demean as of Fee in his own right of a good sure lawfull rightful absolute and indefeasible Estate in Fee simple without condition morgage limitation or alteration of use or uses of and in all and singular the Messuages c. hereafter mentioned with th' appurtenances that is to say of and in all those parcels of c. with all and singular their appurtenances now in the tenure of c. containing in all by estimation c. and do lie and be in the Parish of c. And that the said H. F at the time of the ensealing and delivery of these presents hath full power and lawfull authority in his own right to convey and assign all and singular the lands c. and other the premises aforesaid in manner form in these presents expressed according to the intent of these presents And moreover that the said H. F. doth by these presents for him his Heirs c. in consideration of the said marriage so to be had and solemnized and for the full and entire joynture of the said M. and in recompence and satisfactioÌ„ of all the Dower and title of Dower which she the said M. may at any time hereafter claim challenge or demand of in or out of any Lands c. of the endowment of the said H. and for the advancement of the said M. and of the Heirs males of the body of the said H. upon the body of the said M. to be begotten And for divers other good causes considerations him thereunto moving doth covenant and grant to and with the said R. T. his Heirs Executors Administrators and Assigns in manner and form following that is to say that the said H. F. his Heirs and Assigns and all and every other person and persons whatsoever which at the time of th' ensealing and delivery of these presents stand or be or at any time hereafter shall stand or be seised of and in all or any part of the said Lands Tenements and Hereditaments and other the premises shall immediately from and after the said marriage solemnized And that the lands are and so shall continue discharged or saved harmlesse froÌ„ all former bargains c. and incumbrances the Rents due to the Lords of the Fee one Lease of the premises excepted stand and be of all and singular the said Lands tenements Hereditaments all other the premises with th' appurtenances seised to the only uses and intents hereafter in these presents expressed or limited and not to any other use or intent that is to say to the use of the said H. F. and M. for and during the term of the natural lives of the said H. M. and of the longer liver of them And of the heirs males of the body of the said H. upon the body of the said M. lawfully to be begotten and for default of such issue to the right heirs of the said H. F. for ever And that the said Lands Tenements Hereditaments and all singular other the premises with th' appurtenances at the time of th' ensealing and delivery of these presents be and from time to time and at all times hereafter shall continue remain and be clearly acquitted and discharged or by the said H. F. his Heirs c. sufficiently saved and kept harmlesse and indempnified of and from all and all manner of bargains c. and incumbrances whatsoever before the ensealing and delivery of these presents had made don knowledged committed executed or willingly or wittingly suffered by the said H. F. his Heirs or Assigns or by any other person or persons whatsoever the rents and services from henceforth to grow due payable for the premises or any part therof to the Lord or Lords of the Fee or Fees therof And one Lease of c. wherupon the yearly rent of c. is reserved and shall during all the said term be payable only excepted and fore-prized And moreover that the said H. F. his Heirs and Assigns And that he will upon reasonable request make farther assurance and all and every other person and persons any estate interest or thing having or lawfully claiming to have by from or under the said H. of in or to the said premises or any part thereof other than the said lease for or concerning any the said interest or term of years before excepted and not otherwise shall and will from time to time and at all times hereafter during the space of c. next c. upon reasonable request and at the costs and charges in the law of the said R. T. his Heirs of Assigns knowledge c. ut antea or of any part thereof to the said R. T. his Heirs or Assigns as shall be nominated or appointed to the uses and intents before in these presents expressed be it by Fine Feoffment Recovery with Voucher or Vouchers c. ut antea as by the said R. T. his Heirs or Assigns or by his or their learned Counsel in the Law shall be reasonably devised or advised and required And further that the said H. F. shall not at any time or times hereafter make or convey or procure to be made or conveyed And that he will not do or cause to be done any act or thing whereby to defeat this conveyance so that the lands may not deseend remain come c. according to the limitation in this conveyance any estate or estates of the premises or of any part thereof to any person or persons in Fee-simple fee-Fee-tail or for term of life or lives or make any diâ—continuance of nor otherwise defeat avoid or annihilate the estates before in these presents limited nor any of them nor shall make do commit execute or wittingly or willingly suffer to be done made committed or executed any act or acts thing or things devise or devises whatsoever whereby all or any part of the said lands tenements hereditaments and other the premises shall not or may not be enjoyed and continued remain descend come and be according to the limitation aforesaid and according to the true intent and meaning of these presents In witnesse whereof c. A Bond to the Sheriff for appearance in Banco
give up their accompts well and sufficiently save harmlesse the Assignors from all charges c. wherewith and whereby they shall be chargeable for or by reason of the last will of the said I. G. unto any person or persons whatsoever or by reason of any accompt by the Assignors as executors to be made or given up And that the Assignee shall save harmlesse the Assignors from all legacies debts c. whereby the Assignors may be at any time arrested c. A clause that the Assignee shall not only make in writing a true accompt of his rereceipts and disbursements Covenant that the Assignee shall give up a true accompt in writing shall satisfie the arrerages unto the Daughters and Children at their several ages but also shall pay unto the Daughters Children the arrerages which shall be upon his accompt found to be behind remaining in his hands at such days and in such manner and form to all intents constructions purposes as the Assignors by the last Will and Testament of the said I. are limited and appointed Covenant that the assignors shall enjoy all such messuages c during â—he time that the daughters shal remain in ward without disturbance c. to do and perform the same A clause that the Assignors shall enjoy all such Messu c. during the time that the Daughters shall remain Wards without any disturbance of the c. or his Successors or of any other person or persons whatsoever claiming by from or under the c. by committment grant or otherwise howsoever c. by their procurements And also that he the said T.R. his heirs c. shall and will from time to time and at all times hereafter well and sufficiently save and keep harmlesse and indempnified the said E. G. S. H. and either of them their heirs executors and assigns and every of them and their goods chattels Covenant to save harmless the Assignors their goods estates froÌ„ all actions incumbrances by reason of any accompt to be made for the rents and profits of the messuages c. devis'd to one the heirs males of his body lands and tenements of and from all manner of sutes actions incumbrances demands whatsoever wherewith or whereby they the said E. and S. or either of them their heirs executors or administrators or either of theÌ„ shall or may at any time or times herafter jointly or severally be charged damnified or incumbred for concerning or by reason of any accompt or accompts to be made unto the Children of the said I. or any of them or of any other person or persons whatsoever of any the rents issues revenues or profits at any time heretofore had levied or received or at any time hereafter for and during the wardship of the Daughters of the said I.G. or any of them to be had received levied or taken of the said Messuages c. by the last Will and Testament of the said I. G. specified to be limited devised and bequeathed unto the said E. G. and the heirs males of his body And that he the said E. his heirs c. shall and may for Covenant that the devisee may take the profits of the land during the wardship of the heirs without accompt rendring to any person whatsoever and during the wardship of the said Daughters and heirs of the said I.G. or any of them have take levy and perceive all and singular the rents issues revenues and profits of all and singular the said premises by the last Will and Testament of the said I. G. devised bequeathed unto the said E.G. and the heirs males of his body unto the only and proper use of him the said E. his heirs c. without any accompt or other answering of the said rents revenues and profits by him the said E. his heirs c. during the time aforesaid so to be had levied and received unto the Children of the said I. or any of them or unto any other person or persons whatsoever by vertue or reason of the said last Will and Testament of the said I G. to be thereof or therefore made and given In witness c. A Deed Pool conteining a Feoffment of certain parcels of land which the Feoffor had in t alia assured unto him upon a Common Recovery with special warranty TO all persons to whom this present Deed Poll shall come B. B. of c. sendeth greeting Whereas P. A. of c. and M. his Wife by their Indenture bearing date c. made between them the said P. M. on the one party and the said B.B. on the on the other party did vovenant grant conclude condescend fully agree to and with the said B. B. that he said B. should and might before the Feast of c. then next ensuing the date of the said Indent purchase and sue forth out of the Court of Chancery one Orig. c. reciting the name with the several parcels as in and by the said Indent more plainly and at large it doth and may appear And whereas in the term of Easter the said B.B. did recover the said premises amongst other things by a writ of entry sur dissâ—isin in l' post against the said P. A. and M. his wife by the name of the moity of one Messuage c. with the appurtenances in B. according to the course of common recoveries to the intent purpose and true meaning of the said recited Indenture as in and by the said record in the Court of Common pleas of Easter term rotul c. more plainly and at large doth and may appear Now know ye that the said B. for and in consideration of c. unto him the said B. by T. I. of c. well and truly in hand paid whereof wherewith he acknowledgeth himself to be fully satified and Paid hath granted enfeoffed delivered and confirmed and by these presents c. doth grant enfeoff deliver and confirm unto the said T.I. his heirs c. the moity or one half of c. with their appurtenances situate c. also all and singular the said premises in the said recovery mentioned by the name of the moity of one Messuag c. with the appur which said moity of the said Messuage and other the said premises the said B.B. hath and holdeth in common together with the said T.I. which said T.I. is lawfully seized in his demean as of Fee of and in the other moity of the said Messuage and other the premises To have and to hold the said moity of the said Messuage c. and all and singular other the premises whatsoever with all and every their appurtenances unto the said T.I. his heirs and assigns to the only and proper use and behoof of the said T.I. his heirs and assigns for ever And the said B. B. and his heirs the said moity of the said messuage c. with the appurtenances against him his
shall be lawfull to and for the said R S. the Father at all and every time and times hereafter and from time to time during his naturall life by writing indented under seal to demise grant let and â—eâ— in possession and not in reversion so much of the premises cum pâ—rtinâ—â—tâ—is c. as are in the tenure c. and all the rest and residue of the said Messuages c. other then the premises before appointed for the Jointure of the said c. So that the same Lease or grant to be made of the premises in the tenure of c. shall not surmount nor exceed the number of c. or thâ—ee Lives from the making there of And so that also the said Leases or â—â—rants to be made of the rest and residue of the premises in the c. from the making of them and so as upon every of the same Lease there shall be reserved so much annuall rent or more as is now unpaid or unanswered for the same and that then the said Estate for and touching the premises so to be devised shall be and the said T J. c. shall stand and be thereof seized to the use and behoofe of all and every such person or persons or his or their Assignes to whom any such Lease or demise shall be so made for and during the term and terms for which the same shall be so demised according to the effect and true meaning of such demises or Leases and from and after the expiration and end of such Leases as the same shall severally end and determine Then to such further use and uses and in such sort manner and form as are before in these presents limited mentioned and declared for and touching the same That it R S. doe declare that the uses aforesaid shall be void then they shall stand seized to his use any thing c. not withstanding Provided also that if the said R S. the Father doth or shall at any time hereafter by writing under his hand and seale revoke determiâ—â—e disanull annihilate or make frustrate or void the uses before declared for and touching the said closes c. and for and touching of the said Lands and Tenements in the tenure c. to be appointed and set out by the said R S. the Father as shall not surmount not exceed the clear yearly value of c. over and above all charge and reprizes and do or shall by the same wiring signifie declare notifie and publish that his Will and determination then shall be that the uses so by him revoked repealed or made frustrate shall have no longer continuance And that then and from then eforth the said estate for and touching onely the said Lands and Tenements for and touching which the said uses shall be revoked repealed determined and made frustrate or so signified declared notified or published to haver olonger continuance and the said T J. c. shall stand and be thereof seiâ—ed to the use and behoof of the said R S. the Father and his heirs and assigns for ever That it R S. be minded to purchase Lands then it shall be lawfull for him to revoke the uses any things c. notwithstanding Provided also that if the said R S. the Father be disposed at any time hereafter to buy purchase get or obtaine in Fee-simple taile for life lives or years any Lands Tenements Hereditaments cum pertinentiâ—s within the Lordship of c. and shall or do hereupon by writing under his hand and seale revoke determine disanull annihilate or make frustrate or void the use of so much of the same Lands and Tenements in the tenure c. as the said R S. the Father shall set out or appoint to be sufficient or convenient to be bargained or sold away for the provision of mony for buying purchasing getting or obtaining of the said Lands and Tenements in the tenure c. in Fee-simple fee-Fee-taile for life lives or years aforesaid aâ—â—d do or shall also by the same writing signifie declare notifie and pâ—â—blish that his Will pleasure and determination then shall be that thâ—euses so by him revoked repealed or made frustrate shall have no lonâ—â—er continuance That then and from thence forth the uses so revoked râ—epealed or made frustrate or so notified declared published or signâ—â—â—ed have no longer continuance shall for and tou hing onely suâ—h of the same Lands and Tenements for or conâ—erning wich the same use and uses shall be so repealed revoked or made frustrate or so nâ—â—tiâ—ied declared signified or published to have no longer continuance utterly cease determine and be void and that then and from thenâ—â—eforth the said estate for and touching only the said Lands and Tenements c. ut sâ—pra That R S. shall assure the lands so bought to T J. And the said R S. the Father doth grant Covenant and promise for him his heires c. that he at all times from and after such times as hee shall buy purchase obtaine or get in Feâ—e-simple fee-Fee-taile for life lives or yeares any Lands Tenements or Hereditaments cum pertinentiis within the said Lordship of c. as aforesaid shall and will at the reasonable request of the said W F. his heirs c. convey passe grant and assure all the estate right title interest and demand of him the said R S. the Father in and to the same Lands and Tenements unto the said T J. c. to such uses intents behoofes and purposes and with and under such titles conditions and provisoes as are before in and by these presents limited and appointed for and touching the said Lands and Tenements now in the tenure c. as by the said W F. his heires c. or his or their Councell learned shall be reasonably deviâ—ed advised or required Proviso notwithstanding any repeal the Leases made by R S. shall be in force Provided neverthelesse and it is the â—ull meaning purpose intention conclusion and agreement of the said parties for themselves and their heires that notwithstanding any frustrating repeale revocation alteration or determination That at any time or times hereafter shall be made of any of the uses before mentioned or of any new limitation or appointment that shall be made of any new use or Estate of or in the premises or any part or parcell thereof and notwithstanding any proviso clause or matter mentioned or contained in these presents all and every the Leases and devises to be made by the said R S. the Father according to the true meaning of these presents shall still stand and remaine in full power force and effect to all intents and purposes any proviso or other thing c. notwithstanding And it is further c. that if there shall be more land in quantity contained or comprized in any of the said Fines then the said Messuages c. before mentioned whereof it is agreed that a Fine shall be levied at the said next
his c. before the Feast c. knowledg and leavy a Fine with proclamation unto I.L. and R.S. and to the Heires of the said I.H. before the Justices for the time being of Common pleas to be holden at Westm ' of the said premises demised by the name of c name the things particularly with the appurtenances and for the declaration uses and intents of the same time It is Covenanted and agreed between the said Parties of these presents and the said I.H. c Covenanteth c. that the said Fine so to be levied of the premises demised by the number of acres and names before mentioned shall extend only to the said Lands Tenements and Hereditaments with the appurtenances of the said I.T. as aforesaid and to none other Lands Tenements or Hereditaments in S. aforesaid And the said Fine so to be levied to the said dimised premises immediately after the entring and engrossing thereof That the Fine shall be to the use of I.F. And the said I.H. and R.V. and the Heires of the said I.H. and all other Persons that from thenceforth shall be seized to the said premises demised shall stand and be thereof seized to the use and behoof of the said I.T. party to these presents his Heires and Assignes for ever In Witnesse c. An Indenture of Revocation of Uses with divers other Covenants to that purpose TO all Christian people to whom this present writing Indented shall come I Sir R.B. of c. Knight The recital send greeting in our Lord God everlasting Where by one Indenture bearing Date c. made between me the said Sir R.B. by the name of Sir R.B. of c. on the one party and c. on the other party I the sayd Sir R.B. as well for the better advancement and preferment of the Heires males of my body lawfully to be begotten and for the better advancement and preferment of W.B.R.B. and T.B. Gentlemen Brothers of me the said R.B. and of divers other the Kinsmen Friends and Allies of the name of me the said Sir R.B. and of every the Person and Persons afterwards in the said recited Indenture particularly named and of the several Heires males of their bodies lawfully begotten and to be begotten and for the natural and especiall love favour and affection which I the said Sir R.B. did beare unto the said W.B.R.B. and T. B and to the intent that all and singular the Manours Mesnages Lands Tenements and Hereditaments in the same recited Judenture particularly mentioned or expressed might remain continue and be in the name of the said B. and in the name blood stock family and kindred of me the said Sir R.B. so long as it shall please Almighty God to permit and suffer the same as also for divers other good causes and considerations me the said R.B. thereunto especially moving Did covenant promise and grant c. in and by which recited Indenture it is provided Covenanted granted condescended and agreed by and between all and every the said Parties to the same recited Indenture for themselves their Heires and Assignes In W th Indenture there is a Covenant that it should be lawful for Sir R.B. to revoake the Uses and to the true intent and meaning of them and every of them and their Heires as in the same Indenture is that it should and might be lawful to and for me the said Sir R.B. and that I the said sir R.B. should have full power and authority at all times hereafter and from time to time at my will and pleasure by any my Deed or Deeds writing or writings or by my last Will and Testament by me sealed and subscribed in the presence of two or more credible Witnesses to alter change diminsh enlarge revoke frustrate cease determine extinguish and make void all and every or any of the Use and Uses Estate and Estates before in the said recited Indenture expressed limited mentioned declared or appointed to any person or persons of and in the said Barony Manours Mesuages Lands Tenements Hereditaments and premises or in any of them or any part or parcell of them or any of them and thereof or of any part thereof to create declare limit or appoint any other use or uses Estate or Estates to any the Person or Persons afore in the same recited Indenture named or to any other Person or persons whatsoever in such sort manner and forme and for such Estate Estates terme and termes as I the said Sir R.B. should think meet and convenient and that at all times and from time to time immediately from and after any such alteration change diminution enlargement revocation determination or making void of all or any the use or uses Estate or Estates before in the said recited Indenture expressed limited mentioned declared or appointed and any creaction declaration limitation or appointment of any other use or uses Estate or Estates and that so often as I the said Sir R.B. should make any such alteration change diminution enlargement revocation or determination of any use or uses Estate or Estates and reaction declaration limitation or appointment of any other use or uses Estate or Estates all every such those use uses Estate Estates of and in the said Bar Man ' prem ' or of in any part or parcel thereof which I the said Sir R.B. at any time or times hereafter in or by any such Deed or Deeds writing or writing or by my last Wil testament in writing by me sealed and subscribed in such presence as is aforesaid should alter change diminish enlarge revoke determine extinguish and cease or make void And that then immediately from thenceforth the said before mentioned Fine or Fines Recovery or Recoveries and all and every other conveyance conveyances assurance assurances in the law whatsoever at any time hereafter to be had or made between the said Parties to the said recited Indenture or any of them of the said Barony Manours and premises or of such part thereof according to the true intent and meaning of the same Indenture should be and enure and should be adjudged deemed construed and taken to be and enure And the said Cognizee and Cognizees of the said Fine or Fines Recovery or Recoveries and the Survivors and Survivor of them their and every of their Heires and the heires of the survivor of them should immediately from thenceforth stand and be seized of and in the same premises whereof any such reaction declaration limitation or appointment of other use or uses Estate or Estates terme or termes should be so made as is aforesaid to and for such use and uses Estate and Estates intents and purposes and of such Person and Persons and in such sort manner and forme as 1 the said Sir R.B. in or such Deed or Deeds writting or writings or by my last Will and Testament in writing by me sealed and subscribed in such presence as is aforesaid
said R.L. his Heires and Assignes for ever and to none other use purpose and intent And also that he the said R.L. shall and will permit and suffer all and singular those his Messuages Lands Tenements and Hereditaments in the County of c. which R.L. his Uncle deceased did in his life time given grant convey and assure to him the said R.L. Partie to these presents lawfully to descend come and remaine immediately after his decease to the Heires of his body by and upon the body of the said T.Y. lawfully to be begotten And that the said R.L. Partie to these presents shall not at any time hereafter make doe attempt practice knowledge suffer procure or execute any act or acts thing or things conveyance or assurance whatsoever whereby the said Lands Tenements and Hereditaments of the gift and grant of the said R.L. his late Uncle deceased or any part or parcel of the same shall or may in any wise be dis-continued bargained sold aliened transferred given granted devised or otherwise passed or conveyed away unto any other person or persons whatsoever unlesse it be to the use and behoof of the said R.L. parties to these presents and the Heir of the body of the said R. by and upon the body of the said T.Y. lawfully to be begotten or to those of him the said R.L. and the said T.Y. and of the Heir of the said R. for ever And finally the said R.L. doth covenant c. that if it shall happen the said T.Y. after the solemnization of the said marriage to have issue of her body by the said R.L. lawfully begotten and afterward to decease in the life time of the said R.L. that then he the said R. shall and will by his last Will and Testament in writing give bequeath and devise to the issue of the said R. and T. lawfully begotten as aforesaid the moity of all such goods and chattels as he the said R.L. at the time of his death shall have and be possessed of and also the moity of all such debts and duties as shall be payable and due to the said R.L. at the time of his death over and above assessements and sufficient to answer satisfie and discharge all such debts and duties as the said R.L. by any meanes shall then bona fide without fraud or collusion be indebted and bound for unto any person or persons whatsoever And if the said R.L. shall happen to die living the said T.Y. That then he the said R. shall leave and bequeath unto the said T.Y. such and so much of his goods debts and chattels his whole debts chattels and goods severed and divided into four parts and the charge of his funerall and all his debts and duties due to any others fully paid and discharged out of the same as shall amount in value to the three ful parts of the same so that the said T.Y. shall not nor may not ask claim or demand any moity of the said goods debts and chattels of the said R. then only the said three parts thereof as aforesaid In witness c. An Indenture of Covenants upon Marriage with special Covenants THis INDENTVRE made c. between T. G. of the one part and Sir W. M. of the other part Witnesseth That in consideration of a Marriage In consideration of a Marriage to be had by the permission of God to be had and solemnized between the said T.G. of the one part and the said Lady W. of the other part and for the great good will and affection the said T. G hath and beareth to the same Dame and also to the intent all and singular the Messuages Lands Tenements and Hereditaments with the appurtenances of the said T.G. hereafter in these presents specified shall and may come descend remaine and continue to and in the issue of the said T. G. in such sort manner and form as by these presents is hereafter expressed mentioned limited and declared It is now therefore covenanted granted condescended concluded fully by and between the said parties to these presents in manner and forme following That is to say The said T.G. for the considerations aforesaid doth Covenant promise and grant for him his Heires c. to and with the said Sir W. M. and Sir T. N. their c. by these presents That he the said T.G. before the Feast of That T.G. shall passe an estate in fee simple c. next ensuing the date hereof shall make cause or suffer to be made one good sufficient lawful and indefezible estate in fee simple to the said Sir W. M. and Sir T. N. and their Heires of and in the Mannors Messuages Habend to certain uses c. Recite les tenures par lour several nosmes To have and to hold the said Mannors Messuages Lands Tenements and Hereditaments and other the premisses with the appurtenances except before excepted to the said Sir W. M. and Sir T. N. and their Heires to the use of the said T.G. untill such time as the said marriage be had and solemnised then to the use of the said T.G. and of the said Dame S. for terme of her naturall life and after her decease to the use of the said T.G. and of the Heires males of his body upon the body of the said Dame S. lawfully begotten or to be begotten And for default or such issue to the use of the Heires of the body of the said T.G. lawfully begotten and to be begotten And for default of such issue to the use of the right Heire of the said T.G. for ever And so put downe so that the Lands be of certain value and discharged of incumbrances except Leases and for other assurance And then thus viz. And for the more security surety sure making and conveyance of all and singular the said Mannors and all other the premises with the appurtenances except before excepted to the said Dame S. for term of her life in manner and form aforesaid The said T.G. for him his c. Covenanteth c. That he the said T.G. and his Heires and the said Sir W.M. and Sir T.N. and their Heires and all and every other person and persons that now are or at any time hereafter shall stand and be seized of and in the said Mannors c. except before excepted shall stand and be thereof seized to the use of the said T.G. and D.S. after the same marriage had for term of their two naturall lives without impeachment of wast voluntary wast only excepted and to such further uses and intents as before in these presents are limited and expressed and to none other uses intents or purposes whatsoever And that all and every estate and estates assurance and assurances conveyance and conveyances in the Law whatsoever of the premisses or of any part or parcel thereof hereafter to be had and made shall be only to be said uses and intents in and by these presents before mentioned limited and declared A proviso that the
estates for touching and concerning the rest and residue of the said Messuages Lands Tenements and Hereditaments cum pertinentiis whereof no use is before by these presents limited appointed or declared shall be and the person or persons c. and his or their Heires or Assignes shall stand and be thereof seized to the use and behoof of the said T.P. for and during the term of his natural life without impeachment of wast and after his decease to the use and behoof of the said T.P. for and during the terme of his natural life without impeachment of wast and after his decease to the use and behoof of the first son and the Heir of his body lawfully issuing and for default of such issue c. If it happen any of the lands aforesaid to belawfully evicted out of her possession then she is to be assured of other lands to their full value Provided alwayes and it is further Covenanted c. that if at any time after the death of the said E P T P the premisses so as aforesaid limited or appointed to or for the Joynture of the said M. or any part or parcel thereof happen by any way or means to be lawfully evicted or divested by recovery or entry or by any other lawful means out of or from the possession or seizin of the said E now Wife of the said E P her Leasee or Assignee by reason other Dower or of any Joynture or estate of the said ε at any time heretofore made or hereafter to be made That then and at all time after the said estates c. and all other assurance whatsoever at any time or times hereafter to be had made or passed in performance of any Covenants grants or articles comprized in these present Indentures shall be and shall endure and shall be construed deemed and adjudged to be and endure And the parties and persons to whom the Covenants and assurances or other assurance of the premises or any part thereof shall be made and their Heires and Assignes shall stand and be seized thereof and in so much of the premises to be chosen out and laid forth by the said M and her Assignes at her and their free liberty and pleasure as shall and may in every respect fully countervail and be equivalent to the said Lands Tenements and Hereditaments so to be evicted or devested out of her possession or seizin by the said E or her Leassee or Assignee unto the use and behoof of the said M and her Assigns for and during the natural life ony of the said E and to no other uses before in these presents specified any thing aforesaid or any thing to be contained in the said assurances estates and conveyances or any any of them to the contrary c. Provided also and it is moreover Covenanted c. That after the decease of the said E if sall and may be lawful to and for the said T at all and every time times and from time to time during his naturall life by Deed indented under his seal to demise grant set and let the said Messuages Lands and Tenements or any part or parcel theof unto any person or persons in possession and not in reversion other then and except the premise before by these presents limited and appointed for the Joynture of the said M and other then c. so as the same grants That it shall be lawful for T. after E's decease to make Leases leases or estates shall not surmount nor exceed the term number of 21 years or three lives from after the making of such Lease or Lease and so as also there shall be reserved upon every such Lease to be yearly paid during the continuance thereof such and so much yearly rents duties and services as are now paid or answered for or out of the same or more And that then the said estates c. and other assurances to be had levied suffered and made by the said E or T or either of them of the said premises to be demsed as aforesaid shall be and shall enure and the said person and persons to be to be named as aforesaid and his or their Heirs or Assigness shall stand and be seized of the premises to be demised from and after the demising or granting thereof to the use and behoof of all and every such person and persons and their Assignes to whom any such demise or demises shall be so made for and during the terme or termers for which the same shall be so demised according to the intent effect and true meaning of such demises and every of them so as the fame person or persons and his and their Executors c. severally and respectively doe and shall well and truly pay or cause c. to such person and persons for the time being as shall be in the next and immediate reversion or remainder of the same Lands and Tenements so to be demised the rents duties and services in the said several Leases to be reserved upon every fuch several daies and times in their said Leases next after the same shall be due and payable and reasonably demanded by him or them in the next and immediate reversion or remainder thereof and doe performe in convenient time after request in that behalfe to be made all Covenants and grants in the same Lease Leases or grants to be contained and to be performed on his or their parts and behalfs shall not wittingly or willingly commit or suffer any wast above the value of c. in any one Tenement so to be demised or letten And from and after such Demises or Leases to be had and made and as they severally end and determine to such further use and uses and in such sort manner and form as are before in these presents limited mentioned and declared for and touching the same any matter or thing ut supra Provided also and it is likewise Covenanted c. that after the decease of the said E P it shall be lawfull to and for the said T P at all times and from time to time during his life by writing indented under seal to grant That it shall be lawfull for T. after E's decease to make his other wives Joyntures convey appoint or assure the said Messuage and Tenement cum pertinenti is commonly called c. and the Lards Demeasnes thereunto belonging or therewith used or occupied for or unto the use of such woman or women as the said T P sahll hereafter marry or espouse for and during her or their life or lives and no longer for and in the name of a Joynture and not dis-punishable of waft reserving therefore yearly the annual rent of c. to be yearly paid during the continuance of the same estate or otherwise by writing indented under seal from time to time at his liberty and pleasure to demise grant and set the same capital Messuage or Tenement and the Lands and
all and singular the afore-recited premises and every part thereof without any the molestation vexation disturbance hindrance or trouble of him the said G. P. his c. or of any of them or of any other Person or Persons whatsoever by or through his or their means assent consent or procurement ¶ In witnesse c. ¶ A Mortgage of a House in Fee-simple for indempuification in a â—ury good Form Penn'd by Robert Mason Esquire TO all People to whom this present Writing shall come to be seen heard or read I N.K. of c. and A. my Wife send greeting in our Lord God everlasting In consideration of indempuity and discharge Know ye us the said N.K. and A. my Wife as welf for the more indempuity and discharge of N.V. of c. and I.I. of c. and either of them and the Executors c. of them and either of them against all manner of Person and Persons of and for all and every sum and sums of money as they or either of them stand bound in or is charged or chargeable for with us the said N. K. and A. my Wife or with or for either of us to any Person or Persons Whatsoever by Bill promise specialty obligation or otherwise howsoever As also for divers other special good causes and considerations us hereunto moving Grant have granted bargained sold enfeoffed and confirmed and by these presents do fully and plainly give grant c. unto the said N.V. and I.I. and to either of them and to the Heires of either of them for ever Recital of the premises to be Mortgaged All those two Messuages or Tenements in c. in or near the Street there called c. and all the houses edifices and buildings yards orchard gardens and hereditaments to the said Messuages or Tenements or any of them belonging or appertaining or at any time heretofore therewith used or occupied with all and singular their appurtenances whatsoever And one parcel of Land or Garden-plot thereto adjoyning with a Well in the same as they now be scituatinâ— and lying in c. between the Messuages or Tenements n … or late of T.P. and so expresse the bounds Except and a waies reserved And for the consideration aforesaid the said N.K. and A. his Wife have granted N.V. and I.I. all their estate in the premises with all writings and evidences whatsoever c. And further I the said N.K. and A. mâ— Wife for the consideration abovesaid have also by these presents given granted bargained and sold unto the said N.V. and I.I. and to either of them and to either of their Heires for ever all the estate right title interest reversion and reversions remainder and remainders of and in the said Messuages or Tenements and other the premises and of in and to every part and parcel of the same except before excepted together with all and sigular deeds evidences charters writings escripts Minuments transcripts of fines and exemplification touching or concerning the said premises any part or parcel of the same To have and to hold the said Messuages or Tenements Habendum to them and their Heirs for ever except before excepted houses edifices buildings and all other the premises before by there presents bargained and sold or mentioned to be bargained and sold with all and singular their appurtenances except before excepted unto the said N.V. and I. I. and either of them and to either of their Heires to the onely and proper uses and behoofs of them the said N. V. and I. I. and either of them and to either of their Heires and Assignes joyntly and severally for evermore Proviso That if the said N.K. and A. his Wife shall pay and discharge all such Debts as N. and I. stands bound and is chaâ—ged for them to any Person or Persons and do alwaiâ—s after save and keep hamlesse the said N. and I. and their Goods from all manner of trouble then this bargain and sale to be void Provided alwaies and neverthelesse upon condition That if I the said N.K. and A. my Wise or either of us or the Heirs c. of us or either of us do satisfie content and pay or cause c. unto all and every such Person or Persons whatsoever as the said N. and I. or either of them stand bound unto for us or either of us such summe or summes or other thing or things whatsoever as the said N. and I. or any of them standeth bound in or is charged or chargeable with or for us the said N.K. and A. or either of us to any such said Person or Persons what soever by Bill promise specialty obligation or otherwise howsoever according to the intent true meaning and limitation of such matters and things as they stand so charged for is or ought to be observed performed fulfilled and kept And do also at all times hereafter discharge and save and keep harmlesse the said N.V. and I.I. and either of them and the Heires Executors c. of them and either of them and their and either of their bodies goods chattels lands and tenements and every of them of and from all and every such said Person and Persons as aforesaid and every of them and of and from all and all manner of suits troubles damages costs and charges as shall be commenced had gotten or received against them or any of them by any such said Person or Persons as they or either of them stand bound unto or is charged or chargeable by any wayes or means whatsoever with or for us the said N. K. and A. my Wife or either of us as aforesaid That then and from thenceforth this present Deed of bargain and sale and the possession livery and seizin of the said bargained permises made taken and delivered shall be utterly void frustrate and of none effect to all intents and purposes And that upon the request made to N. and I. or either of them they or either of them shall re-deliver all Deeds and evidences concerning the premises to the said N. K. and A. his Wife whole and uncancelled And that then upon request made to them the said N.V. and I.I. or either of them they or either of them shall and will re-deliver or cause to be re-delivered back again to the said N. K. and A. his Wife or either of them their Heirs or Assigns all and singular the said Deeds evidences charters escripts mynuments transcripts of fines and exemplifications of records touching or concerning onely the above-bargained premises or any part or parcel of the same and now remaining in the hands custody or possession of the said N.V. whole uncancelled and undefaced But upon non performance of the said proviso and upon default made then this Deed to stand in full force and effect But if default in any thing of or in performing of the aforesaid proviso contrary to the tenour and true meaning thereof That then after such default made
Lands Tenements Rents Reyersions Services and Hereditaments with their and every of their appurtenances of or in R. or elsewhere in the County of S. now or late being or reputed the freehold and inheritance of the said Sir W. B. And of or in all and singular Messuages Houses Edifices Buildings Barnes Stables Orchards Gardens Farms Lands Tenements Meadowes Pastures Feedings Woods Underwoods Rents Reversions Services Royalties and Hereditaments whatsoever with all and singular their and every of their appurtenances in R. aforesaid or elsewhere in the said County of S. of or in which the said VV. B. now hath any estate of inheritance And of or in all and singular Rents and yearly profits reserved due or payable out of or for the premises and every oâ— any part or parcel thereof And of or in the reversion and reversions remainder and remainders of the premises and of every part and parcel thereof shall and will stand and be seized thereof and of and in every part and parcel thereof to the uses intents and purposes hereafter mentioned ⋆ That is to say to the use and behoof of the said Sir W. B. and his Heires untill the said Marriage had and solemnized between the said H.B. and A. then to the use of H.B. for and during his natural life without impeachment of wast and after his decease theu to the use of A. for term of her natural life And from and after the decease of the Survivor of them the said H. and A. then to the use of the Heires males of the body of H. S. on the body of A. lawfully begotten and for default of such issue then to the use and behoof of the Heires males of the said ‑ H. B. lawfully begotten and for default of such issue to the use and behoof of the said Sir W. B. for and during his natural life and after his decease to the use and bâ—hoof of R. B. second Son of Sir W. B. and of the Heires of the said R. lawfully begotten and for default of such issue then to the use and behoof of the right Heires of the said W. B. for ever That is to say to the use and behood of the said Sir W. B. and of his Heires untill the said Marriage shall be had and solemnized between the said H. B. and the said A.S. and from and after the said Marriage had and solemnized between the said H.B. and the said A. then to the use and behoof of the said H.B. and of his Assigns for and during the term of his natural life without impeachment of or for any manner of wast and from and after his decease then to the use and behood of the said Annâ— and of her Assigns for and during the term of her natural life and from and after the decease of the Survivor of them the said H. and A. then to the use and behoof of the Heires males of the body of the said H.B. on the body of the said A. lawfully to be begotten and for default of such issue then to the use and behood of the Heires males of the body of the said H.B. lawfully to be begotten and for default of such issue then to the use and behoof of the said Sir W.B. and of his Assigns for and during the term of his natural life and after his decease then to the use and behoof of R. B. second Son of the said Sir VV B. and of the Heires males of the body of the said R. lawfully to be begotten and for default of such isse then to the use and behoof of the right Heires of the said Sir VV. B. for ever Covenant that the Lands are discharged c. or shall be saved â—â—armel â—â—â—e from all incaâ—â—brances And the said Sir VV. B. for himself his Heires Executors and Administrators and for every of them doth by these presents Covenant promise and grant to and with the said N. S. his Heires Executors and Administrators and every oâ— thâ—m That the said Manour c. and all and singular other the premises with their apputenances before mentioned now are and be and so at all times hereafter and from timo to time shall be remain and continue unto the uses intents or purposes before in or by these presents limited expressed or declared free and clear and freely and clearly acquitted exonerated and discharged or othetwise well and sufficiently saved and kept harmelesle of and from all and all manner of Bargaines Sales Gifts Grants Leases Joyntures Dowers Ules Wills Intailes Fines Feoffements Recoveries Statutes Merchant and of the Staple Recognizances Judgements Executions and of and from all other charges titles troubles and encumbrances whatsoever be or shall be had made committed or done by the said Sir VV. B. or by any other Person or Persons by his means Excepeing certain Leases c. made by c. the true Copies of Counterparts wherof are now delivered by Sir W. B. to N. S. consent or procurement All such Leases estates and interests as the said Sir VV. B. hath heretofore made or caused or suffered to be made to any Person or Persons of or concerning all and singular the said Manours Capital Messuages or Farmes Lands Tenements Hereditaments and other the premises or any part or parcel of them by any Deeds Indentures or Writings the true Copies or Coanterparts wherof be now delivered by the said Sir VV. B. unto the said N. S. onely exceptd and foreprized * The usuall Covenant for further assurance with every such further lawful reasonable act and acts thing and things device and devices in the Law whatsoever for the more perfect and better assurance of the said Manours c. to remain to such uses intents and purposes as are before in the presents limited And also that he the said Sir VV. B. and his Heires shall and will at all times hereafter and from time to time at and upon the reasonable requests and costs and charges of the said N. S. his Heires or Assigus doe make knowledge execute and suffer to be made and done all and every such further lawful and reasonable act and acts thing and things device and devices in the Law whatsoever for the further more better and perfect assurance sure making and conveying of the said Manours c. and of every part and Parcel therof to be and remain to such uses limitations intents and purposes as are therof before in or by these presents limited declared or appointed Be it be Recovery or Recoveries with one or more Voucher or Vouchers over Fine or Fines with or without Proclamations Feoffment or Feoffements or by any other waies or means whatsoever as by the said N. S. his Heires or Assigns or by his or their Councel learned in the Law shall be reasonably devised advised required ¶ In witnesse whereof to one part of these present Indentures remaining with the said N. S. the said Sir W. B. H. B. and A. S. have set their hands
extend to any further warranty then onely against the said Sir Io. C. the elder and A. his Wife Sir D.D. and Dame M.D. his Wife Sir Tho. C. and Dame D. his Wife and their or some of their Heires and all persons lawfully claiming in by from or under them or any of them or in by from or under their or any of their Titles And the said Andrew H. for himself his Heirs Executors and Administrators and every of them doth Covenant and Grant to and with the said Sir Io. C. the elder and Sir Jo. C. the younger and either of them their and either of their Heirs Executors and Administrators by these presents Covenant that if there shall be default in payment to re-deliver the Evidences That if any default shall happen to be made by the said Andr. H. his Heires Executors or Administrators of or in the payment of the said sum of 3870 l. or any part thereof at any the dayes and times in that behalf limited mentioned or appointed in or by the Proviso or Condition before in these presents contained contrary to the Tenour and true intent and meaning thereof and of these presents That then and at all times thenceforth he the said A.H. his Heires Executors Administrators and Assigns or some of them shall and will at and upon the reasonable request or requests of the said Sir Jo. C. the younger his Heires or Assignes or any of them re-deliver or cause to be re-delivered unto the said Sir J. C. the younger his Heires Executors Administrators or Assignes or to some of them All and every such the Deeds Evidences Minuments and Writings whatsoever touching or concerning the said Manours Messuages Lands Tenements Hereditaments and Premisses or any of them as shall be by the said Sir J.C. the elder and Sir Jo. C. The younger or either of them delivered to the said A.H. his Heirs or Assigns or any of them as aforesaid whole safe uncancelled and not defaced and in such manner case and plight as the same shall be delivered by or from the said Sir J.C. the elder and Sir Jo. C. the younger or either of them their or either of their Heirs Executors Administrators or Assigns unto the said A. H. his Heires Executors or Administrators or any of them As also to reassure the Land as shall be advised And that the said A.H. his Heirs and Assignes shall and will after such default at and upon the Request Costs and Charges in the Law of the said Sir Jo. C. the younger his Heirs or Assigns do make and execute such act acts assurance and assurances for the re-assuring and conveying surety and sure making of all and singular the premises to the said Sir Jo. C. the younger his Heirs and Assigns to the sole and onely use and behoof of the said Sir Jo. C. the younger his Heirs and Assignes as by the said Sir Io. C. his Heires or Assignes shall be reasonably devised or advised So as the said A. H. his Heirs nor Assignes be not compelled to travel from the place of their abode at the time of such request made for the doing and executing of the same And so as the same include no other or further warranty then against the said A. his Heires and Assignes Covenant by the Vendee to pay a Fee-Farm Rent of c. payable to c. And A.H. for himself his Heires Executors and Administrators doth Covenant and Grant to and with the said Sir Io. Cutts his Heires Executors Administrators and Assignes and every of them That he the said A.H. his Heires or Assignes or some of them shall and will at all times and from time to time for ever hereafter pay and satisfie to c. the said Fee-Farm Rent of 57 l. 10 s. before mentioned hereafter to grow due and payable at the times therefore usual And all Quit-rents and Out-rents issuing out of all or any the premisses or due or payable for or in regard or by reason of the premises to c. as the same shall hereafter grow And in default of payment then the Vendee within 3. Moneths after notice shall pay the Arrearages and in default thereof upon like notice and request shall satisfie the Damages sustained by the Vendee for non-payment or become due and payable And in case of non payment of all or any the same arrearages on any of the said usual daies of payment then and from thenceforth respectively upon reasonable notice and request of such arrearages to be made or given to the said A. H. his Heires or Assignes by or from the said Sir Io. Cutts the younger his Heires or Assignes The said A.H. his Heirs or Assignes or some of them respectively within three Months next ensuing such notice and request shall well and truly from time to time pay all and every the same arrearages And in default thereof then and from thenceforth respectively well and truly upon like request shall and will well and truly from time to time recompence and satisfie to the said Sir Io. C. his Heires and Assignes all such damages and losses as they or any of them shall in any wise sustain by or by reason or occasion of the non-payment of the said Fee-Farm Rent or any of them as aforesaid ¶ In witnesse c. ¶ Covenants for a Fine and recovery to cut-off an Intaile THis INDENTVRE made c. Between E. B. of S. in the County of B. Esquire E. his Wife and I.C. of A. in the said County of B. Yeoman on the first part I.T. of M. in the County of N. Yeoman on the second part and E.W. of A. aforesaid Yeoman on the third part ⋆ E.B. standeth seized at the ensealing of these prefents of an estate-taile to him and his Heires males of his body with diverse remainders over c. Whereas the said E. B. at the ensealing and delivery of these presents is and standeth seized of an Estate-taile to him and the Heires males of his body with diverse remainders over of and in the said Manour Lands Tenements and Hereditaments hereafter in these presents mentioned †For and in consideration of the said estate-taile and for the setling of an absolute estate of Inheritance in Fee-simple in the said E.B. to the intent he may be inabled to make a perfect assurance to any person that shall purchase the said Manour Lands and Hereditaments c. Now witnesseth this Indenture that for and in Consideration of the barring of the Estate-taile and all the remainders thereupon depending And for the setling of an absolute estate of Inheritance in Fee-simple in the said E. B. whereby he may be enabled to make and good and perfect assurance of such person and persons and their Heires as have agreed or hereafter shall agree with him the said E.B. to purchase the said Manour Lands Tenements and Hereditaments or any part or parcell of them It is mutually and respectively concluded and fully
The Perfect Conveyancer OR SEVERALL SELECT CHOICE PRESIDENTS Such as have not formerly been printed Collected by Four several Sages of the Law EDWARD HENDEN Knight late one of the Barons of the Exchequer VVILLIAM NOY Attourney Generall to His late Majestie ROBERT MASON sometime Recorder of London And HENRY FLEETWOOD formerly Reader of Grayes-Inne Wherein are contained many excellent Examples and Instructions touching the manner and method of Conveyances usefull for all Persons that are Professors in the Law and desire to be rightly and judiciously informed With an exact Table for the Readers more ready recourse to any the particulars contained therein The second Edition much Corrected and Amended A Commum observantia non est recedendum Magister rerum usus 1. Instit Sect. 371 Brevis via per Exempla long a per Praecepta 1. Instit Sect. 372. 445. Touching the great use and benefit of Presidents LONDON Printed by F. L. for George Thompson at the White Horse in Chancery-lane near Lincolns Inne 1655. The Epistle to the Reader Courteous Reader T Is a memorable saying and no lesse antient than experimentally true That there would not be wanting Homers if there were not wanting Alexanders non deessent Homeri si non deessent Alexandri 'T is honour that nourishes Arts honos alit artes and surely I may without the least guile of flattery confidently affirm That it was a noble and lawfull emulation to purchase unto themselves deserved honour that made these venerable Sages of the Law by their indefatigable labours to become so transcendent in knowledge of which what the learned Heathen once said of Mans Soul I may now more justly affirm that it is divina particula e divina mente delapsa And sure if there be any study one more mysterious than other the Law will in no kind challenge the second place How much then they deserve that have enucleated so grand a mystery nay more well remembring that they were not borne for themselves alone but for their Countries good have with no small pains nay I may rather justly affirm with an Herculean labour brought to light so many rich and unparalell'd gemmes of knowledge as are here commended to thy publique view A worke absit jactantia verborum no lesse usefull than commendable it were to light a candle at noone day to speak in the praise of that which abundantly speaks its own worth and not to commend the Authors were to discommend my own judgement who am a true Lover and willing Student of so noble so necessary so deservedly commendable a Science Jus suum cuique tribuere is the end of the Law and I wish every one might attain that end what a happy Commonwealth should we then have learning nor learned Men would not then find so many Enemies it being an undoubted Maxime Scientiam non habere majorem inimicum praeter ignorantem To them I will not commend this work and to others I need not it doeth sufficiently commend its self As it was written for the Weale-Publiques good so I wish it may publickly be entertained And thus I silence to speake more because it doeth highly speak its own worth all I shall crave from the knowing Reader is first to read then censure Farewell Thine if thou art a candid Lover of the Law R. M. Barrister of that Honourable studie The Stationer to the courteous Reader THough many Books of this nature have been by many deserving Men maturely verss'd in the knowledge of the Law formerly commended to the Pressë for the benefit of the Republique yet withoâ—â— the least ostentation of this so industrious so laborious so usefull a work or derogation from others who have imployed their Talent to the same end none if the opinion of knowing Men who had the perusal of this before it took life from the Presse doth seem more necessary or usefull for these present times Here are happy Presidents selected out of the choicest of former Ages and although the Law be a Labyrinth yet here is an Ariadne's Thred to lead thee out of it Buy it freely 't is for thy own profit as well as mine it being a Golden Library taken out of the principles of Law which thou mayest purchase for a reasonable summe of Silver not to presse thee or to oppresse my self 't will counsell thee without a Counsellours Fee 't is then if I mistake not good policy to lay out some money upon such tearms as will bring in such gallant usury Farewell T. G. A Table for the following Book A AN assignment of a statute staple whereupon execution hath been had and of all such lands as are thereby extended with special Covenant Pag. 57 An assignment of the Moity of the lands which the Lessee hath with diverse special Covenants Pag. 77 An assignment of a Lease Pag. 99 An assignment of two Leases by an Assignee made of several lands by several persons Pag. 128 An arbitrement Pag. 166 An assignment of a Bond by Deed Poll together with a Letter of Attorney irrevocable and usual Covenants for the same Pag. 171 An assignment of an Executorship with Covenants from the Assignee to save harmlesse c the Assignor also a grant of an annuity Pag. 175 An assignment from the Committee of the body and lands of a ward Pag. 180 An acknowledgement of the receipt of certain monies due upon the sale of certain lands and a release of the same and of all security taken therefore and a release of all Covenants in certain Indentures with a general release Pag. 188 An assignment of Dower by the heir uâ—… to the feme Pag. 190 An assignment of a debt unto c. Pag. 203 An attornment of the Lessee of the lands conveyed by the Feoffment upon livery and seisin Pag. 219 The award of Serjeant Henden made the 28 day of January 1631. between R.A. and I. C. of the Parish of B. in Com. Kanc ' Pag. 227 An assignment of tithes in a very good form Pag. 407 An assignment of a lease of lands made by the c. which were seised for a debt to c. by obligation penned by William Noy Esq Pag. 415 An assignment of Letters Patents for a Water Mill from c. and made over for the assurance of a Marriage portion with other Covenants penned by Councel Pag. 422 An assignment of divers estates in a very good form penned by R. Mason Esq Pag. 460 An annuity made to the use of the poor people in certain Parishes penned by Councel Pag. 477 B A Bargain and sale upon Condition for the payment of a certain sum of money upon a day by the Render to the Rendee with warranty against all men in manner c. of an usual Indenture of Mortgage Pag. 32 The Bargainer doth covenant with the Bargainee that he is seised of an estate in fee in his own right and that he will free him from all evictions c. except from R. c and that he will
whole by estimation sixscore and eight acres of Land Meadow Pasture and Wood-ground whether more or lesse thereof there to be had situate lying and being in Bollings alias Bollinge Horton and Brandesend in the said Parish of Brandeford in the County of York aforesaid being in the several tenures and occupations of the said I. H. M. H. or their Assignee or Assignees And the reversion or reversions of the same and of every part and parcel thereof together with all and singular lands tenements rents commons and all other hereditaments whatsoever with their appurtenances And also all ways easments and all and every other profits commodities with th' appurtenances to the said Mansion or Messuage other the said premises and unto every or unto any part or parcel thereof belonging appertaining or together with the same at any time before the ensealing of the said Indenture or at the time of the ensealing thereof had used occupied or enjoyed or reputed accepted or taken as part parcel or member for the same or any part thereof And furthermore whereas the said I. H. for the consideration aforesaid did give grant bargain and sell unto the said E. H. his Heirs and Assigns all those his three several Messuages of Tenements with the appurtenances and all and singular edifices and buildings to them or any of them belonging or in any wise appertaining in the several tenures and occupations of W. C. M P. R. G. or of their Assignee or Assignees together with all and singular lands tenements commons and all other Hereditaments whatsoever to them and every of them or any of them belonging appertaining or had used occupied or enjoyed with them or any of them situate lying being in B. aforesaid in the parish of B. in the said County of York and containing in the whole by estimation 30 acres more or less of land meadow and pasture And the reversion or reversions of the said three several Messuages or Tenements of all and singular other the premises and of every of them together with all and singular Easments and all other profits and commodities whatsoever to them or any of them belonging in any wise appertaining or being reputed or at any time before the ensealing of the said Indenture accounted or taken as part parcel or member of them or any of them And also all that the Close of him the said I. H. commonly called and known by the name of H. with the appurtenances situate lying and being in the said parish of B. in the said County of York And the reversion or reversions remainder or remainders and of every aprt parcel thereof And also all and singular other the lands tenements rents services commons all other hereditaments whatsoever with all and singular the appurtenances and the reversion or reversions remainder or remainders of them or every of them together with all liberties easments profits and commodities whatsoever to them or any of them belonging or in any wise appertaining situate lying and being in the Town or Hamlet of B. in the parish of B. or in any other village hamlet town or place whatsoever in the said County of York And furthermore whereas the said I. H. for and upon the consideration aforesaid did give grant bargain and sell unto the said E. H. his Heirs and Assigns all singular Deeds Charters Escripts Fines Exemplifications of Fine or Fines Exemplifications of Recovery or Recoveries all other writings ingagements whatsoever belonging or in any sort concerning the said premises above by these presents given granted bargained or sold or meant or intended to be by the same given granted bargained or sold or any part or parcel thereof the which the said I. H. or any other person or persons by his or their assent consent or procurement hath or have in his or their hands custody and possession or may any way come unto him or them To have and to hold the said former several Messuages or Tenements the said 20 acres of Land 50 acres of Meadow 50 acres of Pasture 8 acres of Wood-ground And also the said 30 acres of Land and Meadow and Pasture to three of the said Messuages or Tenements belonging and the said Close called H. and all and singular other the premises whatsoever with all and every their appurtenances unto the said E. H. his Heirs Assigns for ever * Covenants that the Bargainor was seized in Fee-simple or Fee-tayl of part of the premises and that they are in such places and known by such names may be sold as in the said recited Indenture is specified that there is such a quantity of acres every acre according to the measure allowed by Statute Now it is fully absolutely condescended concluded and agreed upon by and between the said parties to these presents in manner and form following And first the said I. H. for him his Heirs Executors Administrators and Assigns doth covenant promise and grant to and with the said E. H. his Heirs Executors Administrators and Assigns That the said I. H. was at the time of the ensealing of the said Indenture lawfully seised in fee-simple of and in four Mansions Messuages and Tenements in the tenure or occupations of them the said I. H. M. H. W. C. M. P. R. S. and of and in such Lands Meadows Pastures Wood-grounds and other Hereditaments And in such Parishes Towns and Hamlets called and known by such name or names as in the said recited Indenture they are specified set forth and conveyed And that the said former Messuages and the lands tenements meadows pastures Wood-lands and all other the premises with th' appurtenances in the said recited Indenture specified and contained and the use and uses thereof are and may be conveyed given granted bargained and sold by such name and names in such manner form as they are in and by the said recited Indenture set forth and expressed limited appointed And that the said Lands And that the bargainer was seized in his demean as of fee or as of fee-fee-tail of so much of the premises as amount to 25 l. per annum And that the bargainer was seised in reversion the estate in possession being but one life no more of the residue of the premises amounting unto 25 l. per an And that all the premises bargained sold amount unto the clear yearly value of 50 l. Meadows Tenements Pastures Wood-ground other the premises in the said recited Indenture contained are of such quantity and contain such number of acres every acre being accounted according to the measure allowed by Statute for the measuring of land enacted as in the said recited Indenture is particularly expressed and set forth And that the said I. H. at the insealing of the said recited Indenture was seized in possession in his demean as of Fee of so much of the said premises in the said recited Indenture given granted bargained conveyed and sold as amounts unto the clear
heirs and assigns and against the said P. A. and M. his Wife their heirs and assigns and against all person and persons claiming in by from or under them or any of them will warrant and defend for ever by these presents A clause that the premises are acquitted from all incumbrances And further that the said P. A. his Heirs and assigns and M. now his Wife and every other person and persons whatsoever any estate right title interest or thing lawfully claiming having or lawfully claiming to have in the said premises or any part and parcel thereof by from or under the said B. his heirs or assigns shall and will from time to time and at all times hereafter The usual Covenant to make further assurance during the space of c. next ensuing the date of these presents upon reasonable request and at the costs and charges in the law c. make better and further assurance c. Be it by Fine Feoffment c. So as the said assurance or assurances contain no further warranty or Covenant of Warranty than against the said P. and M. his Wife and so that he be not compelled further to travel than the said Cities of London or Westminster for the doing thereof In witnesse whereof c. An Assignment from the Committee of c. of the body and lands of a Ward THIS Indenture c. Between I.T. of c. of the one part and I. A. of c. of the other part Witnesseth That whereas c. by the advice of the Master and Councel of the Court of Wards and Liveries by his Indenture under the seal of the said Court of Wards and Liveries bearing date c. was contented and pleased to grant and by the same Indenture did demise grant and to farm let unto the said I. T. parcel of the lands and possessions late of W. N. Yeoman deceased lying and being c thereafter in the said Indenture particularly set forth and declared with their particular Rents by the year that is to say one messuage or tenement c. and certain lands tenements hereditaments thereunto belonging with the appurtenances lying in A. in the said County then in the tenure of G. or of his Assigns by the year c. reciting the particulars c. All which premises amount in the whole to the yearly value of c. and which were in the hands possession of c. by the Minority of M.N. his c. Ward Daughter and next heir of W. N. deceased Except and always reserved out of the said grant reciting the exception rising and growing in and upon the said messuages lands and other the premises with the appurtenances or any part thereof To have c. the said messuages c. with the appurtenances except before excepted to the said I. T. his executors and assigns from the c. which was in the year of our Lord c. in which the said W. N. died during the minority of the said heir yeelding and paying therefore yearly during the said time to the Feodary of the said County of K. or to his lawfull Deputy for the time being to his c. use the sum of c. At the Feasts c. by even and equal portions over and above c. yearly allowed to the Auditors Clerk for ingrossing the Accompts for the premises with divers other Covenants grants and agreements in the said Indenture contained as in and by the same more plainly and at large doth and may appear And whereas also the said c. with the advice of the Master and Councel of the Court of Wards and Liveries by his Indenture under the Seal of the Court of Wards and Liveries bearing date c. was contented and pleased to grant by the said Indenture did commit and grant unto the said I. T. the custody wardship and marriage of the said M.N. his c. said Ward as Daughter and next heir of the said W. N. deceased without disparagement with divers Covenants clauses grants and agreements in the said Indenture specified and conteined as in and by the same more plainly and at large doth and may appear Now this Indenture Witnesseth that he the said I. T. for and in consideration of a competent sum of money unto him the said I. T. by the said I. K. in hand paid Covenant by the Assignee to pay al rents due to the King for the premises to save the Assignor harmlesse from forfeitures of oblig made to the King for payment of mony or performance of Covenants hath bargained sold given granted assigned and set over and doth by these presents c. unto the said I. A. his executors administrators and assigns as well all and singular the estate right title interest possession and term which the said I. T. hath or of right ought to have of in or to all or any the said messuages c. and other the said premises and of in or to all profits commodities and emoluments to the same belonging or appertaining As also all his estate right title and interest of in and to the custody wardship and marriage of the said M.N. together with all and singular the right title interest benefit profit and commodity which the said I.T. his exec or assigns hath by virtue of the said recited Indenture of the agreement from c. and all other escripts and writings whatsoever concerning the said premises Covenant by the Assignor that the premises during the minority of the Ward are cleer from all former bargains c. or any part or parcel thereof now in his custody or of any other person or persons by his delivery To have and to hold unto him said I.A. his executors administrators and assigns and during the minority of the said M. N. and for and during all such time and term and in so large and ample manner and form to all intents constructions and purposes as he the said I.T. hath may should or of right ought to have hold or enjoy the same by force and means of the said recited Indenture writing Covenant of quiet enjoyment without expulsion c. and conveyance or by either of them or by any other way or means whatsoever and he the said I.A. his heirs c. do Covenant to pay all rents by the said recited Indenture payable unto c. for the said recited premises and every part and parcel thereof Covenant that the Assignee shall receive the profits and enjoy the wardship c. as the Assignor might And that the Assignor hath not nor will not do any act whereby the Assignee shall be baâ—red to receive any benefit c. and to save harmless the assignor from all forfeitures of any obligation unto c. for the payment of any sum of mony for the custody of the said M. or for the performance of any covenants c. mentioned in the said recited Indenture c. And the Assignor doth covenant
of the other part Witnesseth that for Consideration of a Marriage and in consideration of a Marriage of late had and solemnized between the said E M. and E his now Wife Daughter of the provisoes Articles and Agreements that passed and were made upon the conclusion of the same Marriage and for reducing of the same into Covenants and also for the more security for conveying and assuring of a competent Jointure to and for the said E. of the inheritance of the said W. and E M. to be and remaine to the severall uses intents and purposes hereafter and herein declared and for diâ—ers other good just lawfull and reasonable causes respect purposes and considerations the said parties hereunto especialy moving It is covenanted granted concluded confirmed condescended determined and agreed by and between the said Parties to these presents for themselves their heirs c. and to the effect and form following viz. First the said W. and E M. for themselves their heires A Covenant to make Estates c. do covenant grant and promise to and with the said E M. his heires c. by these presents That the said W. and E M. or either of them and their heirs and the heirs of either of them shall and will at all times hereafter and from time to time at and upon the reasonable request costs and charge in the Law of the said E M. his heires c. make seale deliver knowledge perform perfect and execute and cause and procure and suffer to be made c. unto such person and persons as by the said E M. his c. thereunto nominated and appointed all and every such Estate Fines Feoffments conveyances acts things devises and assurance in the Law as by the said E M. his heires c. or his or their learned Councell shall be devised orrequired for the assuring conveying passing and sure making of all and singular those messuages Lands Tenements and Hereditaments Habend for uses cumpertinentiis in c. To have and to hold the said Messuages c. unto the said Person or Persons to be named and appointed as aforesaid and his or their heires or assignes to the severall uses intents and purposes and upon with and under the provisoes and limitations hereafter in these presents expressed and declared and to none other use intent purpose Covonant to whose use it shall be limitation or meaning that is to say It is covenanted granted condescended concluded and agreed by between the said parties to these presents for themselves their heirs c. and it is their full meaning agreement purpose and intent That the said Estate Fines Feoffments conveyance and assurances for and touching c. shall be and the said person or persons to be named and appointed as afore aid and his or their heirs or assignes shall stand and be thereof seised to the use and behoof of c. That they are true owners and are seised in Fee c. And the said W M. and E M. for them their c. doe Covenant c. and either of them for and by himselfe his heires c. That they the said W M. and E M. and either them or one of them at the making and executing of the said conveyances and assurances are true lawfull and perfect Owner of the said messuages lands tenements and hereditaments cum pertinent is and are thereof lawfully seized in possession of an absolute Estate in Feesimple fee-Fee-taile or the one of them and are thereof seised in possession for term of his life with the immediate reversion or remainder thereof over to the other of an estate of Inheritance shall then have ful power right title authority to pass convey assure the premises cum pertinentiis to the uses according to the effect aforesaid And free from incumbrances And that they the said W M. E M. and either of them their heires c. shal and wil at al times hereafter acquit and discharge or otherwise from time to time upon reasonable notice and request fully and sufficiently save harmless aswell the said messuages c. as also such person or persons to whom any use or estate is before by these presents limited or appointed of for from touching and concerning all and all manner of bargains sâ—les guifts grants fines feoffements estates entailes recoveries executions limitations presente contingente and future uses statutes recognizances judgements rents charges troubles leases extents entrusions issues liveries forfeitures exceptions And that he the said E M. and E. his wife That they shal enjoy and the said E M. and his heirs and the said severall sons the heires of their severall bodies lawfully to be begotten and all and every other their heire and heires to whom any use or estate is by these presents before mentioned intended limited appointed or declared shall and may quietly and peaceably have hold occupy and enjoy the faid premises cum pertinentiis according to the uses and true meaning before declared and the assurances hereafter to be made and passed in that behalfe without any let sute vexation hinderance expulsion eviction interruption or trouble of the said W.M. or his heires or assignes or of any other person or persons lawfully claiming from by or under him or them or by his or their means assent commandements or procurement Exceptions And that the said W. and E M. nor either of them That he shall not doe any act to make void the Estates nor to disable him to sell shall not at any time or times hereafter make do attempt assent unto knowledge execute or willingly suffer any manner of estate conveyance assurance act thing matter or device whatsoever whereby or by reason whereof the uses and estates before declared or any of them for and touching the said Lands and Tenements or any part or parcell thereof shall and may be discontinued cut off debarred overthrown or made void or whereby the said E. or any of the said sons or any heire of any of their bodies lawfully begotten or the heire of the body of the said E M. upon the body of the said E. lawfully to be begotten or the said E M. or his heires shall or may by any means be defeated defrauded excluded or disinherited of the premises or any part or parcell thereof or of any use or estate hereby to him or any of them appointed limited or intended to be contained or mentioned in any of the said conveyances or assurances contrary to the true meaning of these presents or whereby or by reason whereof the said W M. and E M. or any of them shall or may in any sort or degree be disabled perfectly sufficiently and surely to make passe convey and assure the said Messuages Lands and Tenements or any part or parcell thereof according to the uses limitations and true meaning of and in these presents expressed and declared And the said W M. and E M. for them If
should from time to time create declare limit expresse or appoint and to no other use purpose or intent The said recited Indenture or any thing c. notwithstanding And afterwards in performance of the Covenants grants and agreements in the said recited Indenture mentioned several Fines and Recoveries were had levied knowledged and executed of in and upon and for and concerning the said Barony Monours Lands Tenements and premises in the Court of Common pleas at Westminster as also before the then Justices in the County of Chester and also before the Justices in the said County of F. all and every which Fine and Fines Common Recovery and Recoveries were had levied knowledged and suffered to the uses intents and purposes and with and under the several provisoes conditions and limitations in the said recited Indenture mentioned After which the said R.B. of W. died without issue male of his body lawfully begotten In consideration of the Proviso in the recited Indenture Now know all men by these presents that I the said Sir R.B. for divers causes and considerations me moving and by vertue of the said recited Proviso and the liberty power and authority by the said recited Indenture to me reserved and according to the true intent and meaning of me the said Sir R.B. and of all other the Parties to the said recited Indenture Have altered changed revoaked determined and made void and by this my present writing Indented The Revocation of the Uses being by me signed and fealed in the presence of the Persons undernamed do alter change revoake frustrate cease determine and make void all and every the said use and uses Estate and Estates created raised expressed declared limited and appointed by the said recited Indenture Fine or Fines Recovery and Recoveries and every or any of them to the faid W.B.R.B. and T.B. Brothers of me the said Sir R.B.W.B. of c. R.B.T.G. alias B.I.R. of c. W.B. Brothers of the said J.B. of c and to all and every the severall Sonnes and Heires males begotten on the several bodies of them the said W.B. and T.B. my Brother W.B. of c. R.B.T.G. alias B.I.B. of c. and W.B. his Brother and every of them of and in the said Barony of M. Manours Lands Tenements and Hereditaments in the said recited Indenture mentioned or any part or parcel thereof And further know all men by these presents That I the said Sir R.B. for the fatherly love and affection that I the said Sir R.B. do heare to Dame M. E. my only Daughter and Heire apparent now Wife to Sir R.E. Knight and to the Heires of her body lawfully begotten doe by these presents by vertue of the said recited Proviso in the said recited Indenture contained and the liberty power and authority therein and thereby to me reserved as a foresaid create declare limit and appoint that the said Fine and Fines Recovery and Recoveâ—ies so had levied knowledged and suffered of the said Barony and premises before in these presents mentioned as aforesaid and all and every the Parties thereunto and all and every Person and Persons and their Heires which now be or hereafter shall stand and be seized of and in the said Barony and premises or of or in any part or parcel thereof shall by vertue thereof from and after that every of the said several Uses and Estates limited and appointed as aforesaid of and in the said Baromy and premises to me the said Sir R.B. and to the said several Sonnes of the body of me the said Sir R B. shall be ended That the said Barony shall be to the use of R.B. and his Heires c. expired and determined stand and be seized of and in the said Barony and premises and of and in every part and parcel thereof to the use and behoofe of the said R.B. my Brother and his Assignes for and during the terme of the natural life of the said R.B. my Brother without impeachment of any manner of waste And immediately from and after the death of the said R.B. last named then to the use of the first Sonne of the body of the said R.B. last named lawfully begotten and of the Heires males of the body of such first Sonne of the said R.B. last named lawfully begotten And for default of such inssue to the use of him that shall be the second Son of the body of the said R.B. last named lawfully begotten and of the Heires males of the body of such second Sonne of the said R.B. last named lawfully begotten And for default of such issue c. ut supra And for default of such issue to the use of every other Sonne or issue male of the body of the said R.B. last named lawfully begotten which the said R.B. last nemed shall happen to have above the number of six Sonnes and of the Heires males of the body of every such other Sonne of the said R.B. last named successively one after the other as they shall be in seniority one before the other so long as there shall be any Sonne or issue male of the body of any Sonne of the said R.B. last named lawfully bebotten extant And for default of such issue to the use of the said T.B. Brother to me the said Sir R.B. and his Assignes for and during the terme of the natural life of the said T.B. without impeachment of any manner of waste and immediately from and after the death of the said T.B. then to the use of him that shall be the first Sonne of the body of the said T.B. lawfully begotten and of the Heires males c. ut supra And for default of such issue to the use of the said Dame M E. Daughter and Heire apparent of me the said Sir R.B. and Wise to the said Sir R E. Knight for and during all the natural life of the said Dame M. and from and after her decease to the use of R.E. Esquire Sonne and Heire apparent of the said Sir R. E. and Dame M. his Wife and of the Heires males of the body of the sad R. E. lawfully to be begotten And for default of such issue to the use of S. E. second Sonne of the body of the said Dame M. E. lawfully begotten and of the Heires males of the body of the said S. E. lawfully begotten and fon default of such issue c. ut supra And for default of such issue to the use of the right Heires of the said Dame M. E. for ever That if R.B. c. doe any act to hinder the Estates then their Estate shall be void Provided always that if the said R.B. Brother of mee the said Sir R.B. or any of the said severall Sonnes of this body begotten or any Heire male of the severall bodies of the same Sonnes lawfully begotten or to be begotten or if the said T. B. my Brother or any of the said severall Sonnes of the body of the said T. B. or
with divers special Covenants concerning the same and other uses to that intent THis INDENTVRE made c. Witnessesh that for and in consideration of a Marriage already agreed upon by the grace of God shortly to be had and solemnized between the said T P and M G Sister unto the said I G and in consideration of the sum of c. to be paid unto the said T P in preferment with the said M to the said marriage by the said I G well and truly contented and paid as hereafter by these presents is declared and appointed And for divers other good and reasonable causes respects and considerations the said parties serverally moving It is now Covenanted granted concluded condescended and agreed by and between the said parties and either of the said parties doth by these presents Covenant grant and agree for himself his Heirs c. to and with the other of the same parties his Heirs Executors and Administrators and every of them in manner and form and to the effect following viz. Firsth the said E P and T P do by these presents for them their Heirs c. grant covenant and promise and either of them for and by himself his Heirs c. doth grant c. to and with the said I G his Heirs Executors and Administrators That they the said E P and T P and either of them at all times hereafter and from time to time at and upon the reasonable request consts and charges in the Law of the said I G his Heirs c. shall and will make seal deliver acknowledge suffer perform perfect and execute unto such person or persons or his or their Heir as the said I G his Heirs c. shall nominate and appoint all and every such conveyances estates foeffements fines recoveries acts things writings demises and assurances in the Law in and upon all the capitall Messuages and Tenements with the appurtenances called c. situate c. and all the Lands Tenements Meadows Leasowes Pastures Woods Under-Woods Commons Rents Reversions Conditions and Hereditaments whatsoever to the same capitall Messuages in any wise belonging or now or at any time herefore let used occupied or enjoyed to or with the same or known reputed accepted or taken for or as part thereof And of in and upon all that capitall Messuage c. called c. and of and in and upon all that water corn milne cum pertinentiis commonly called or known by the name of c. and all Lands pools waters water-courses stagns ponds floud-gates streams profits maltures suit-commodities customes easments and emoluments to the same milne belonging or appertaining or to or with the said milne occupied or enjoyed and of in and upon all and singular those two several Messuages and Tenements with the appurtenances in c. commonly called by the several names of c. and all the Lands Tenements Cottages Meadowes Leasowes Woods Pastures and Hereditaments whatsoever cum pertinentiis to the said several Messuages or either of them severally belonging or in any wise appertaining or to and with the same Messuages or either of them now or at any time heretofore occupied used or enjoyed And of in and upon all those Messuages Lands Tenements and Hereditaments cum pertinentiis which the said E and T or either of them hath or at any time had in c. and which now be or late were in the several tenures possessions or occupations of c. or any of them or their Under-tenants or Assignes or the Under-tenant or Assignee of either of them And of in and upon all the tythes of corn grain and hay and all other tythes coming growing recruing and arising of and within c. and the same fields and grounds compassed c. And of in and upon all courts profits and perquisits of courts waifs strayes heriots reliefs roylties and all other profits and commodities of the same And of in and upon all other the Messuages Lands Tenemants and Hereditaments cum pertimentiis which the said E and T have or at any time had Habend ' to uses of or in any state of inheritance within or any of them To have and to hold the said Messuages Lands Tenements and Hereditaments and all other the premisses with the appurtenances unto the said person or persons to be named and appointed as aforesaid and his or their Heirs or Assignes to the uses behoofs purposes and intents and with upon and under the conditions provisoes liberties and limitations hereafter in these presents limited expressed set down appointed and declared by the said I G his c. or his or their Councel learned shall be reasonably devised advised framed or required so as the said E and T nor either of them shall not be compelled or driven to go or travel for the making acknowledging suffering or excuting of the said estates feoffements c. or any of them out of the County of c. And it is granted condescended concluded accorded determined and agreed by and between the said parties to these presents for them their Heirs c. That the said estates conveyances c. shall be and the said person or persons and his or their Heirs or Assignes shall stand and be seized of all and singular the said Messuages Lands Tenements and Hereditaments and all other the premises with the appurtenances to the several uses intents behoofs and purposes and with under and upon the conditions provisoes and limitations hereafter in these presents limited appointed specified expressed and declared and to none other use intent purpose or meaning That is to say that the said estates c. for touching and concerning theh said Messuages and Tenements cum pertinentiis called c. and the Demeasne Lands belonging thereunto and all Lands Meadowes c. ut supra occupied and used for as Demeasne Lands thereunto belonging and all Lands Meadowes and Pastures or to or with the same or either of them and for and touching the said several Messuages That it shall be to the use of T. P. and M. for a Joynture and to other uses Lands and Tenements with the appurtenances now or late in the several tenures possessions or occupations of c. shall be and the said person and person c. or his or their Heirs or Assigns shall stand and be thereof seized to the use and behoof of the said T P and of the said M for and during the term of their natural lives and the longer liver of them for and in the name of a Joynture to the same M. without impeachment of wast during the life of the said T P and after their decease to the use and behoof of the first son which the said T shall hereafter have of his body upon the body of the said M lawfully begotten and to the use and behoof of the Heirs of the body of the said first son lawfully issuing And for default of such issue to the use and behooof of c. And the said
Demeasnes thereunto belonging or otherwise used or occupied unto any person or persons in possession and not of nor in reversion for the term of c. or under from the day of the date of such writing indented Yeilding and reserving therefore yearly the annual rent of c. to be yearly paid during the continuance of such Lease And that from and after such grants conveyance assurance demise or setting so as aforesaid made or passed the said estates c. before in these presents mentioned to be made and passed shall be for and touching the said capital Messuage and Tenement called c. and the Lands and Demeasnes thereunto belonging or otherwise used or occupied And the said person and persons c. and his or their Heirs and Assigns shall stand and be thereof seized to the use and behoof of the same woman or women or Leasse or Leasees for and during the said term of c. or under so as the woman or women Leassee or Leassees do and will yearly during the continuance of their estates or term content satisfie and pay the annual rents reserved by or upon the said writings indented according to the effect and true meaning thereof unto him or them to whom the immediate reversion or remainder of the said capital Messuage or Tenement and the Lands and Demeasnes thereunto belonging or therewith occupied or used shall by and according to the true meaning of these presents for the time being belong and appertain and that for and touching the reversion or remainder of the same capitall Messuage or Tenement and the Lands and Demeasnes thereunto belonging or therewith occupied or used expectant upon such estate for life or years the said estates c. shall be And the said person and persons c. and his or their Heirs and Assigns shall stand and be thereof seized to such other uses behoofs and purposes and in such fort manner and form and of and in such form and of in such estate and use of inheritance and of such person and persons as are before in these presents appointed named and declared for or touching the same any thing in these presents contained c. ut supra Provided alwaies and it is granted That it shall be lawfull for him to make annuities c. That is shall and may be lawfull to and for the said E P at any time during his life by writing under seal and by matter of record to grant convey appoint or assure unto the said E P his Son for and during the term of his naturall life and no longer one annuity or rent-charge not exceeding 22l at the most to commence from and after the decease of the said E P and to be issuing and going forth and distrainable in from and out of the said Messuages Lands and Tenements or any part or parcell thereof other then the said Lands and Tenements before appointed for the Joynture of the said M and that but during life onely and no longer as to the said E during his life shall be thought meet and convenient And that from and after such grant appointment conveyance and assurance of such annuity or yearly rent of the said estates c. covenanted by these presents to be made shall be for and touching such of the said Lands and Tenements as shall be so charged And the said person or persons c. and his or their Heirs and Assigns shall stand and be seized of and in the said Lands and Tenements so charged to the intent trust and use that the said E D shall have take perceive receive distrain for and enjoy the said annuity or yearly rent-charge according to the true meaning of the said grant appointment or assurance to be thereof as aforesaid made without fraud or covin And yet neverthelesse the same Lands and Tenements being made subject and chargeable to or for such annuity or yearly rent as are before by these presents appointed declared or expressed for and touching the same any thing in these presents c. Provided also c. for liberty to T P to grant annuity for every his younger sons by marriage for life not exceeding 6l a piece And whereas the said I L hath conveyed and assured unto the said E P and his Heirs expresse the Lands and whereas the said E P hath entred into Bond unto the said I L with condition that in case the said I his Executors Administrators and Assigns should pay unto the said E P his Heirs c. the sum of c. in the porch of c. at the Feast of c. in the same Bond contained That then he the said E P or his Heirs shall convey and re-sure the same Lands and Tenements back again unto the said I L and his Heirs for ever as by the same Bond and condition thereof made more at large appeareth It is now provided granted c. that if the said I L his Heirs c at any of the said Feasts in the condition of the said Bond mentioned or the said E P his Heirs c. within c. next after any of the said Feasts do or shall content or pay unto the said T P or the heir of his body upon the body of the said M lawfully to be begotten or in default of such issue to the Executors or Assigns of the same T P the sum of c. That then and from thenceforth all and singular the uses before specified in these presents be they present contingent or future for and touching the same Lands and Tenements which were conveyed and assured unto the said E P by the said I L as aforesaid shall utterly cease determine and be utterly void to all intents and purposes And that then and at all times after the sad estates c. for and touching the said Lands and Tenements shall be And the said person or persons c. or his or their Heirs and Assignes shall stand and be thereof seized to the use and behoof of the said I. and his heirs for ever And that then and from thenceforth the same Lands and Tenements nor any part nor parcel thereof shall not be subject nor lyable nor the estate thereof alter or change to or for any other use intent purpose or behoof these presents or any thing c. And the said E P and T P do by these presents covenant c. That the said E P and T P. their Heirs That E. P. and T. P. shal acquit and discharge as well M. as also the Lands c. or some of them shall and will at all times from and after the marriage had and solemnized between the said T P and M G well and sufficiently acquit exonerate and discharge or otherwise from time to time upon reasonable notice and request full and sufficiently save and keep harmlesse as well the said M G and her Assignes and their said Sons and Heirs of their two bodies lawfully issuing As also all and
singular the said Messuages Lands Tenements and Hereditaments with the appurtenances of for from touching and concerning all and all manner of bargains sales gifts grants Joyntures fines dowers recoveries feoffments estates tails limitations uses leases morgage rents-charge stature merchants and of the staple judgments recognizances intrusions conditions entries troubles titles and incumbrances whatsoever at any time heretofore had made done committed acknowledged grown executed occasioned caused or willingly or wittingly suffered or hereafter to be made c. by the said E P and T P or either of them or any other person or persons by their or any of their assent means authority title or procurement the rent and services hereafter to grow due to the chief Lord or Lords of the fee of the premeises and the Title of Dower or estate in Joynture of the said E now wife of the said E D in and to the premises and all Leases heretofore made by the said E for 21 years or under now in being whereupon the now rents and services paid or answered for the same or more are reserved and shall be yearly due and payable during the same term and terms of the said Lease and Leases and all estates conveyances grants leases and assurances to be made by and according to the true meaning of these presents and such condition and title as the I. L. and his heirs have to redeem the premisses by him as aforesaid conveyed and assured unto the said E.P. and such Lease as the said E P hath heretofore made and passed unto IC an expresse Tenant of and upon the Tenement c. for and during the term of c. whereupon there is reserved and shall be payable during the continuance of the same Lease then also only excepted And whereas the said E P is possessed for divers years yet enduring of and in the tythes and portion of c. in c. of and in c. Now the said E P and T P do grant c. that the same E P and T P. and either of them and the Executors and Administrators of either of them shall and will at all times hereafter and from time to time at and upon the reasonable request costs and charges in the Law of the said E G his c. make c. unto such person or persons c of in and upon the said tythes leases for years and interest and the Indentures and writings thereof To have and to hold the same Tythes leases terms interest and the Indentures and writings unto the said person or persons c their c. to the intent use trust and confidence that the said person or persons c. and his or their c. shall suffer and permit the said E P during his life to have hold occupy and enjoy the said tythes and leases and receive the rents issues and profits thereof and to the intent use trust and confidence that the said person or persons to be named and appointed as aforesaid and his or their heirs c. shall and will permit and suffer the said M from and after the decease of E P for and during her life to have hold occupy possesse and enjoy the tythes and portion of tythes of c. and to the intent use trust and confidence that the said person or persons c. shall from and after the decease of the said E P permit and suffer the said T P and the heirs of his body upon the body of the said M lawfully to be begotten And for default of such issue c. to have hold occupy and enjoy the said rest and residue of the tythes farms and leases together also with the said tythes and protion of her from and after the decease of the said E P and M G to take and receive the rents issues and profits thereof during the rest and residue of the termes and pears of the said several leases without fraud and covin And the said E P and T P for them c. That they the said E P and T P their c. or one of them shal wil at all times hereafter acquit discharge or otherwise upon reasonable notice and request fully and sufficiently release the said tythes farms leases interests of for touching and concerning all and all manner bargains c. whatsoever had made done acknowledged caused procured occasioned willingly or wittingly suffered or hereafter to be had c. by the said E P and T P or either of them or any other by their or any of their means assent commandment authority or procurement The rents duties grants and covennants contained in the said several leases only excepted and foreprized And that the said M and the heirs of the body of the said T P upon her body lawfully to be begotten shall or may have c. the said tythes c. according to the intent and true meaning of these presents without any let suit c. of nay person or persons that lawfully claim the premises or any part or parcel thereof from by or under the said E P and T P or either of them or after or by reason of any forfeiture committed or willingly suffered by them or either of them except such interruption suit or troubles as shall be made done or committed by the said person or persons to be named and appointed as aforefaid or his or their c. or any of them In witness c. An Indenture of Use for the cutting off Lands entailed in the right of the Wife making the same to the use of her Husband for ever THis INDENTVRE made c. between c. Witnesseth A Covenant to suffer a Recovery That it is covenanted granted condescended and a greed between the said parties by these presents That they the said R F and M on this side and before the Feast of c. shall suffer the said I S and C R in due form of Law to recover against the said K and M and their heirs and the heirs of them and either of them in the Court of Hastings of L. holden in the Guild hall of the same City according to the custom of the same City the Mayor and Sheriffs of the same City aforesaid two Messuages c. with all and singular shops c. by the name of c. set lying and being c. and to have and take execution thereof accordingly And it is further covenanted That the Recovery shall be to the use of R. F. c. and the said R C. and I S for them c. That immediately from and after the Judgment and execution had of the same recovery as wel the said R C and F S and their heirs shal stand and be seized of the premises as also of the same Recovery in form aforesaid to be had and sued for the two Messuages shall be to the use and behoof only of aforesaid R F and of his Heirs and Assigns for ever and to no