part thereof and also all the estate right title interest claime and demand whatsoever of the said S W of in and to the same and every part thereof to have and to hold the said lands tenements hereditaments and premisses with the appurtenances unto the said S M and C D their heirs and assigns for ever to the only use and behoof of them the said S M and C D their heirs and assigns for ever and the said S W doth by these presents make constitute ordain authorize and appoint F L of c. in the said County of c. and G M of c. in the said County of c. their true and lawful atturneys for them in their names and stead joyntly or severally to enter into the said lands tenements premisses or into some part thereof in the name of the whole and possession thereof for them and their names and stead to take and after such possession so thereof had and taken for them and in their names and stead to deliver full and peaceable possession and seisin of the said lands tenements and premisses with the appurtenances or of some part thereof in the name of the whole to the said S M and C D or one of them or to their lawful atturney according to the forme of these presents ratifying and confirming and allowing all and whatsoever their said atturneys or either of them shall do in the premises by vertue of these presents In witnesse whereof the said S W to these presents his hand and seal hath set the c. day of c. in the year c. An Indenture to bar an estate-Tail THis Indenture made the seventh day of October in the eleventh year of the Reign of our Sovereign Lord Charles by the grace of God of England Scotland France and Ireland King defendor of the Faith c. Between T. B. of W. in the County of B. Yeoman on the one part and T. M. of H. in the said County Yeoman and H. H. of H. aforesaid in the said County Yeoman on the other part Whereas T. B. deceased Recital of a Will Grand-father of the said T. B. party to these presents by his last Will and Testament in writing amongst other things therein contained did give and devise unto J. B. also deceased Father of the said T. B. party to these presents and to the Heirs male of his body with remainders over all that his Messuage or Tenement with the appurtenances situate and being in W. in the said County of B. and all that his Close adjoyning to the said Messuage or Tenement and all that acre of Meadow-ground called the long Hale lying in W. Meade and three yards of Meadow called the Elboes in the said Parish of W. and half his arrable Land Leyes and Meadow-ground lying and being in the Parish and Fields of W. aforesaid and R. or one of them with their and every of their appurtenances in the said County of B. as by the said last will it doth and may appear and which premisses do contain a Messuage with the appurtenances and one Yard-land by estimation be it more or lesse And whereas the said T. B. the Grandfather shortly after making the said Will dyed the said J. B. his son him surviving after which time the said J. B. having issue the said T. B. party to these presents his eldest Son and Heire male and the said J. B. being since also dead by and after whose decease the said T. B. party to these presents now is in actual possession of the said Messuage or Tenement Closes Lands Meadows and Premisses with the Remainders over as aforesaid Now this Indenture witnesseth That the said T. B. party to these presents estate- To cut off the estate-tail intending as well to cut off the said estate-tail and to barre the Remainders thereon depending and to settle the said Messuage or Tenement Close Lands Meadows and Premisses to him the said T. B. party to these presents and his heirs as also to barre all pretences of right that futurely may or can be made unto all and every or any the said Messuage Lands Meadows and premisses so given to the said J. B. his Father and since come unto him the said T. B. party to these presents for that purpose Doth hereby Covenant and Grant for himself Covenant to levy a Fine his Heirs Executors and Administrators and for every of them to and with the said T. M. his Heirs and Assigns by these presents That he the said T. B. shall and will on and before the Feast of St. Andrew the Apostle now next ensuing the date hereof in due form of Law acknowledge and levy one or more Fine or Fines Sur cognizance de droit come ceo c. before his Highnesse Justices of his Highnesse Court of Common-pleas at Westminster unto the said T. M. of and for the said Messuage or Tenement Close and all and every the said Meadows Lands and premisses by the name or names of one Messuage one Garden one Orchard forty acres of Land six acres of Meadow six acres of pasture and Common of pasture for all Cattel with the appurtenances in W. and R. or one of them in the said County of B. or by such other name or names quantity or number of acres as to the said T. M. or his Councel learned shall seem meet and expedient To the intent that he the said T. M. shall by force thereof stand and be seized of the Messuage or Tenement Close Lands Meadows and premisses untill a good and perfect common recovery with a double Voucher over may be duly had and executed of and for the said Messuage or Tenement Lands To suffer a Recovery Meadows and premisses according to the course of common recoveries for assurance of Lands and Tenements in such cases used And it is hereby fully declared and agreed by and between all the parties to these presents That after the said Fine or Fines so to be levyed of the said Messuage Lands and premisses as aforesaid he the said T. M. shall and will permit and suffer him the said H. H. to bring and pursue against him the said T. M. one or more Writ or Writs of Entry sur Disseisin in le post returnable before his Highnesse Justices of his Highnesse said Court of Common-pleas at Westminster by which he the said H. H. shall demand against him the said T. M. all and every the said Messuage Lands Meadows and premisses by the name or names of one Messuage one Garden one Orchard forty acres of Land six acres of Meadow six acres of pasture and common of pasture for all Cattel with the appurtenances in W. and R. or one of them in the said County of B. or by whatsoever other name or names quantity or number of acres as to the said H. H. shall seem meet To which Writ or Writs the said T. M. shall appear Gratis and shall enter into the Warranty and
the said I. L. for themselves joyntly and severally and for every and either of them their every and either of their several and respective Executors Administrators and Assignes and every of them do and doth Covenant and grant to c. That they the said I. L. E. his wife and I. L. their several Executors Administrators and Assigns and every of them at their own proper costs and charges in and by all things shall and will well and sufficiently repair maintain uphold keep clense and scoure all and every the houses buildings and edifices hereby demised and now built on the premisses and belonging to the same and which at any time hereafter during the term hereby demised shall be erected and built upon the demised premisses or any part thereof and the hedges ditches fences pales and mounds upon and about the demised premisses and every of them well and sufficiently shall make keep clense and scour and the said Messuage or Tenement houses and buildings which are or at any time hereafter during the term hereby demised shall be erected or built in or upon the same or any part thereof being so well and sufficiently repaired maintained upholden kept clensed and scoured in the end or other determination of the said term hereby demised shall and will leave and yield up unto the said I. B. his heirs and assignes And also that they the said I. L. E. his wife To view the defaults of reparations and the said I. L. and every of them and their and every of their assigns shall and will permit and suffer him the said I. B. his heirs and assignes together with three or four or fewer workmen or other persons at their or any of their wills and pleasures being at convenient times twice every year quietly to enter into or upon the said Messuage or Tenement and all other the demised premisses to view and search whether the same be well and sufficiently repaired or not To repair upon notice And of all and every the default and defaults for want of Reparations then and there found to give or leave notice in writing at the said Messuage or Tenement unto or for the said I. L. and E. his wife and the said I. L. to repair and amend the same from time to time during the termes hereby demised alwayes within the space of six months next after every such notice in writing so given or left as aforesaid And also that neither they the said I. L. E. his wife Not to Demise without licence nor the said I. L. nor any nor either of them shall not at any time or times hereafter grant bargain sell assign or set over demise let or depart with the said Messuage and premisses or any part or parcel thereof or his her or their or any of their right title interest or estate in or to the premisses or any of them without the special licence and consent of the said I. B. his heirs or assigns under his or their hand in writing therefore first had and obtained Provided alwayes Proviso upon non payment or non reparation to re-enter and it is Conditioned by and between the parties to these presents That if it shall happen the said yearly Rent or any part thereof to be behind and unpaid by the space of twenty eight dayes next after any or either of the said Feasts or dayes of payment before mentioned or set down for payment thereof contrary to the form aforesaid the same being lawfully demanded or if all and every the said default and defaults for want of Reparations of or in the premisses or any of them at the time of such view or search as is aforesaid shall be found and whereof notice in writing shall be given or left to repair and amend the same in manner and form aforesaid shall not from time to time be well and sufficiently repaired and amended all wayes within the space of six months after every such notice given or left in writing as aforesaid That then and at all times after in every the cases as aforesaid it shall and may be lawful to and for the said I. B. his heirs and assigns and every of them into and upon the said Messuage or Tenement Lands and premisses and every of them to re-enter and the same to have again retain re-possesse and enjoy as in this and their first and former estate This Indenture or any thing herein contained to the contrary thereof in any wise notwithstanding And the said I. B. for him his heirs and assigns and for every of them The Lessee to enjoy performing Covenants doth Covenant c. by these presents that they the said I. L. E. his wife and the said I. L. by and under the yearly Rent Covenants and Conditions in and by these presents reserved and on their parts severally to be paid done and performed according to the intent of these presents shall or may peaceably and quietly have hold possesse and enjoy the said Messuage or tenement lands and all other the premisses with their appurtenances without the let suit trouble disturbance denial molestation interruption or eviction of him the said I. B. his heirs and Assignes and of all and every other person and persons whatsoever lawfully claiming by from or under him the said I. B. his heirs or Assigns or his their or any of their estate right or title In witnesse whereof c. An Indenture reciting a Bargain and Sale of the Moity of a Mannor c. in trust for the use of another the same is hereby reconveyed to the person trusting THis Indenture made c. between Sir W. B. of c. on the one part brother and heir to H. B. Esq deceased and W. E. of H c. on the other part Whereas Sir I. W. of c. and I. F. of c. by their Indenture bearing date the second day of c. in the twelfth year of c. did alien bargain and sell unto the said H. B. and E. P. of c. all that Messuage or Tenement with the appurtenances scituate and being in L. aforesaid in the said County of c. all those c. And also Common of pasture and feeding for such and so many horses beasts sheep and other Cattel to be had and taken in and upon the Common Fields Meadows Pastures and Commonable places in L. aforesaid at such times and seasons of the year and in such manner and form as the Tenants and occupiers of the said premisses have before this time used to have and take the same and also all and singular houses edifices c. and also the Reversion and Reversions of all and singular the said premisses and the yearly Rents thereupon reserved To have and to hold the one Moity and half part of all the said Messuage or Tenement and of the said four yard-lands of arable Land Meadow and Pasture and of all and singular other the said premisses whatsoever with
will from time to time and at all times for and during the space of five years next c. at the request and costs of the said R. G. his c. further do make suffer acknowledge and execute all and every such further and other lawful and reasonable Act or thing whatsoever for the further better and more perfect assuring surety and sure making of the said c. unto the said R. G. his c. or to such other person or persons as he the said R. G. shall nominate and appoint and every or any of them for and during the said term hereby demised as also all other the Interest and Term for years which he the said I. S. now hath in the said c. yet to come and unexpired as by him the said R. G. his c. or his their or any of their Councel learned in the Lawes shall be reasonably devised or advised and required And the said I. S. for himself c. doth covenant and grant to and with the said R. G. c. That he the said I. S. his c. or some of them shall and will within six months now next ensuing the date hereof deliver or cause to be delivered unto the said R. G. or his Assigns or some of them all the Original Leases of the Premisses herein before recited or mentioned as also all and singular the several mean Assignments made of the premisses from time to time and also all such Deeds Evidences Court-rolls Writings Escripts and Miniments whatsoever concerning the premisses or any part or parcel thereof which now be in the possession custody or keeping of the said I. S. or of E. S. or of any other person or persons whatsoever by their or either of their delivery privity or appointment or which he the said I. S. may obtain or come by whole uncancelled safe undefaced and in as good plight as the same or any of them now are and also true Copies of all such other Deeds Evidences and Writings as the said I. S. or E. S. or either of them have or can come by touching the said c. or any part thereof joyntly or together with any other lands the said I. S. his c. or some of them paying and bearing the charge of making and writing and coming by the said Deeds Evidences or Copies or any of them And the said R. G. for him his c. doth covenant promise and grant to and with the said I. S. and I. G. and either of them their and c. That he the said R. G. his c. shall and will during the Term hereby demised bear pay and discharge all and all manner of quit-rents or other Rents and Services whatsoever which shall be due or any wayes payable for or in respect of the said c. or any of them from the day of the date hereof and thereof and of evary part thereof shall and will sufficiently during the term hereby demised acquit and discharge the said I. S. and I. G. their Executors and Assignes and every of them by these presents In witnesse c. An Indenture of settlement Well pend THis Indenture made c. Between the Right Honourable C. Lord S. Barron of H. of the first part W. N. of the Inner Temple London Esq and A. T. of the said Inner Temple London The Parties Esq of the second part And the Right Honourable E. Lord G. Baron of D. in the County of A. within the Realm of Ireland and Dame I. his wife D. L. Daughter of her the said Dame I. G. and I. S. of M. in the C. of Y. Esq of the third part Whereas a Marriage shortly hereafter by the grace of God is intended to be had and solemnized between the said C. L. S. and the said D. L. Witnesseth now this present Indenture that the said C. Lord S. as well for and in Consideration of the said marriage The Consideration and of the full summe of 8000. pound that is to say the summe of 7000. pound of good and lawful money of England in hand paid and the sum of 1000. pound more in Jewels in hand delivered unto him the said L. S. by the said E. Lord G. and Dame I. his Wife at and before the ensealing and delivery of these presents whereof the summe of 2000. Marks in moneys and the said 1000. pound in Jewels were and was a portion given and left unto her the said D. by the last Will and Testament of Sir I. L. her Father deceased and the residue of the said 8000. pound was and hath been encreased for her by the providence care and great love of the said Dame I. G. her Mother since her said Fathers decease of and with which said summes of 7000. pound in money and 1000. pound in Jewels he the said C. Lord S. doth hereby acknowledge the receipt and himself to be fully satisfied And thereof and of every part and parcel thereof doth for himself his Heirs Executors and Administrators and for every of them fully absolutely and clearly acquit exonerate and discharge the said E. Lord G. and dame I. his Wife their heirs Executors and Administrators and every of them for ever by these presents And for and in consideration of a competent Joynture to be had and made unto the said D. in case the said Marriage shall take effect and that she the said D. shall survive and overlive him the said Lord S. and for the better preservation and continuance of all and every the Mannors Lordships Messuages Lands Tenements and Hereditaments hereafter mentioned in the name and blood of the said Lord S. so long as shall please Almighty God also for divers and sundry other good and valuable Considerations him the said Lord S. hereunto especially moving Hath covenanted promised granted and agreed and by these presents doth for himself his heirs executors administrators and assignes and for every of them covenant promise grant and agree to and with the said E. Lord G. and I. S. their heirs and assignes A Covenant to levy a Fine and to and with every of them that he the said C. Lord S. shall and will before the end of Michaelmas Term next ensuing the date of these presents before the Justices of our Soveraign L. the King of his Majesties Court of Common-pleas at Westminster or before some other competent and fit person or persons thereunto lawfully and sufficiently authorized acknowledge and levy one or more Fine or Fines Sur conusance de droit come ceo c. in due form of Law with proclamations thereupon to be made according to the Common course of Fines in that case used and the statute in that behalf made and provided unto them the said W. N. and A. T. and their heirs or the heirs of one of them of all those his Mannors The Mannors Lordships Lands Tenements and Hereditaments called or known by the several names of S c. scituate lying and being in
the County of Es with their and every of their rights revenews members and appurtenances whatsoever and of all that the Rectory and Church of H. with the appurtenances thereof whatsoever General words and of all and singular Messuages Houses Edifices Barns Stables Dove-houses Back-sides Orchards Gardens Lands Tenements Meadows Feedings Pastures Commons Wayes Passages Wast-grounds Heaths Furze Moors Marshes Woods Under-woods Rents Reversions Services Tithes as well great as small and of all other Hereditaments whatsoever scituate lying and being growing arrising renewing and encreasing within any the Towns Parishes Hamlets Tithings or Fields of S c. in the said County of E. and in every or any of them or elsewhere to the said Mannors Rectory or other the premisses or any of them belonging or in any wise appertaining or therewith used and enjoyed by such name and names and under such number of Mannors Messuages Cottages and acres and in such sort manner and form as by the said E. Lord G. and I. S. their heirs or assigns or by their or any of their Council learned in the Law shall be reasonably advised devised or required The true intent and meaning of which said Fine and Fines so to be acknowledged and levyed of the said premisses between the said parties as aforesaid shall be and so shall be construed meant intended and adjudged to be to and for the use and behoof of the said W. N. and A. T. their heirs and assigns for ever To the only intent and purpose that they the said W. N. and A. T. shall and may stand and be full and perfect tenements of the Free-hold of the said Mannors Lordships and all and singular the premisses and of every part and parcel thereof with the appurtenances untill one or more perfect common Recovery or common Recoveries may be had and executed of all and singular the same premisses To suffer a Recovery against them the said W. N. and A. T. and their heirs according to the true intent and meaning of the said parties to these presents And that they the said W. N. and A. T. from and after the acknowledging and levying of the said Fine or Fines by the said C. Lord S. to them the said W. N. and A. T. in manner and form as aforesaid shall and will before the end of the said Michaelmas term next ensuing the date of these presents permit and suffer the said E. Lord G. and I. S. to sue and prosecute several Writs of Entry Sur disseisin in le post against them the said W. N. and A. T. of the said Mannors Lordships Lands Tenements Hereditaments and premisses and of every part and parcel thereof with the appurtenances by such name and names and under such number of Mannors Messuages Cottages and acres and in such sort manner and form as by the said E. Lord G. and I. S. and their heirs or by their or any of their Councel learned in the Law shall be advised devised or required into and upon every of which said several Writs of Entry Sur disseisin in le post so to be brought the said W. N. and A. T. shall personally appear And then immediately after their appearance and defence made shall and will in the said actions vouch to Warranty the said C. Lord S. and he the said Lord S. upon such vouchee of him to be made shall and will in the said actions so to be brought forth with Gratis and without Processe appear thereunto and enter into Warranty and vouch over to warranty the Common Vouchee to the end that the Common Vouchee may also appear and enter into Warranty and afterwards make default or depart in despite of the Court so that several perfect common Recoveries with double vouchers may be had prosecuted and executed in and upon the said several Writs of Entry Sur disseisin in le post in all things according to the usual and common order and form of Common Recoveries for the assurance of Lands and Tenements in such cases used of all and singular the said several Mannors Lordships and premisses before mentioned and of every part and parcel thereof with the appurtenances And that full execution and seizin shall be had and taken thereof accordingly And it is hereby covenanted granted concluded and fully and absolutely agreed on by and between all and every the aforesaid parties to these presents for themselves their heirs and assigns and it is the true intent and meaning of these presents and of all and every the aforesaid parties to the same that the said several Recoveries and the execution thereupon to be had shall be and so shall be adjudged deemed esteemed and taken to be and the Recoverors their heirs and assigns and every of them shall and will immediately from and after the Execution of the said Recoveries stand and be seized and be adjudged deemed esteemed and taken to be seized of all and singular the said Mannors Lordships Lands Hereditaments and premisses before mentioned and every part and parcel thereof with their and every of their appurtenances to and for all and every the several and respective uses behoofs intents and purposes hereafter in these presents mentioned expressed limited and declared And to or for none other use behoof intent or purpose whatsoever that is to say to the use and behoof of the said C. Lord S. and his Assigns for and during the term of his natural life without impeachment of or for any manner of wast and from and after his decease then to the use and behoof of the said D. L. and her assigns for and during the term of her natural life for and in the name of a Joynture of and for her the said D. And from and after her decease then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten and for default of such issue then to the use and behoof of the right heirs of the said C. Lord S. for ever And the said Right Honourable C. Lord S. for himself his heirs executors administrators and assignes and for every of them doth further covenant promise and grant to and with the Right Honourable E. Lord G. and I. S. their heirs and assigns and to and with every of them by these presents in manner and form following that is to say that he the said C. Lord S. at the time of the ensealing and delivery of these presents is lawfully and rightfully seized of and in all and singular the said Mannors Lands Tenements Rectory and premisses and of every part and parcel thereof with the appurtenances of a good sure perfect lawful and indefeasible estate in Fee-simple or in fee-Fee-tail to himself and the heirs of his body without any Reversion or Remainder in the Kings Majesty and without any manner of Condition or Conditions Mortgage Limitation of use or uses or other thing or things whatsoever whereby to alter change charge defeat
THE Third Part Of the YOUNG CLERKS GUIDE Or a further COLLECTION Of Choice English Presidents For Indentures of Settlement of exchange of bargains and sales Letters of Attorney Declarations of Trust Assignments Conditions Presentations and sundry others of the newest forme Compiled by Sir R. H. And perused by a judicious Practitioner very useful and necessary for all LONDON Printed for Humphrey Tuckey at the black spread-Eagle in Fleet-street over against St. Dunstans Church 1659. THE TABLE Indentures AN Indenture for revoking a bargain and sale if so much money be paid c. fol. 1 An Indenture of covenants to declare the trusts in a former bargain and sale the lands being to be sold for payment of debts 4 A Lease of a Parsonage impropriate for three lives upon surrender of a former Lease with extraordinary covenants and a Letter of attorney to deliver possession together with the execution indorsed 8 An Indenture to barre an estate taile 33 An Indenture upon marriage for setling lands to uses and a declaration of a fine levied to those uses 44 An Indenture of declaration of the uses of a fine and recovery they being various with extraordinary Covenants 48 A Lease of Ejectment to be void on payment of 1 s with a note thereon 50 An Indenture of Mortgage 54 A Conveyance of a Mannor by a feoffment 58 D. being seized of the Mannor of B. for life with remainder to his first son so to the tenth sells the Mannor-house and halfe the land which to secure settles other lands by the deed following 63 An Indenture or declaration of the use of a fine wherein several parties joyne 68 A Lease taken in trust 76 Another Lease taken in trust 78 An Indenture of covenants declaring a mans name used in trust in an assurance 86 An Indenture of Covenants between Executors 91 A Conveyance of land by three Co-heires and their husbands well pend 96 An Indenture of bargain and sale of lands in consideration of the surrender of other lands 102 A Lease of lands with exception of woods 106 A Lease of a Messuage and lands for three lives to those that sold the same it being agreed on before sale well pend 115 An Indenture reciting a bargain and sale of the moity of a Mannor in trust for another the same is hereby reconveyed to the person trusting 121 A declaration of a fine and recovery to variety of uses well pend 125 An Indenture to settle land for natural affection 137 An Indenture of settlement well pend 147 A Grant of lands in fee in consideration of money and further consideration of exchange of other lands 165 A short bargain and sale to be inrolled 173 An Indenture to stand seized to uses in consideration of marriage 189 A grant of the moity of an annuity during life 195 A short Lease of a Messuage and land to be void on tender of a shilling 213 A Lease of a Ferry 220 An Indenture of lands in exchange 222 A bargain and sale of lands mortgaged made from the mortgagor and mortgagee before forfeiture to a third person 228 A Defeazance on a Recognizance 163 A Lease of a side of a Shop and other conveniencies with a grant of goods and wares according to a Schedule annexed 22 Covenants A Covenant to give security to performe Covenants 36 A Confirmation of a former mortgage by the son of him that made it 41 A Covenant to deliver evidences by such a time 124 Conditions A Condition for sealing an acquittance or release of lands by a day 70 A Condition for curing a disease or to pay money back 307 A Condition not to sell lands had in marriage 307 A Condition to assure a sum of money in liew of a joynture 308 A Condition to make a good assurance of lands 309 A Condition that a Lessee shall not carry away the wainscot or cubbards c. 310 A Condition that one shall pay for such wares as were delivered to another 310 A Condition to deliver writngs by a day 311 A Condition to save one harmlesse for delivery of writings 311 A Condition to save a surety harmlesse from a recognizance 90 A Condition of a Counterbond 139 A Condition to save harmlesse where one atturns tenant with covenant to grant a lease when the premisses are setled in the obligee 157 A Counter-condition to save harmlesse from a bond entred into for payment of money 158 A Condition to save harmlesse an executor for payment of several legacies to Orphans with a covenant to see the same disposed to the best advantage 160 A Condition to pay rent reserved in a lease according to the Covenants 161 A Condition from a Bayliff and his sureties to a High Sheriff 206 A Condition to save harmlesse for payment of several legacies 209 A Counter condition to save harmlesse from a bond well pend 211 Indorsments An Indorsment of livery and seisin on the Indenture by vertue of a letter of atturney with a note thereon 72 An Indorsment of atturnment of tenant 86 Another Indorsment of atturnment of tenant 89 Words to be used upon delivery of possession 96 Letters of Atturney A Letter of atturney to seal a lease on the ground 53 A Letter of atturney to two to receive possession 72 A Letter of atturney irrevocable of a debt on a bond with covenant not to release 312 A Letter of atturney from two Executors of a bond sued to a judgement to a creditor of the Testators 314 A Letter of atturney of a mans estate in general in consideration of several debts and engagements 315 A Letter of atturney of several sums of money due from one 316 A Letter of atturney to demand a rent according to a Lease 83 A Letter of atturney to re-enter on not payment of the rent 85 A Letter of atturney to take possession according to the contents of a lease 212 Licences A Licence to let lands though prohibited by lease 71 A Licence for a Buck and Doe yearly 306 A bargain and sale upon condition made to feoffees in trust with indorsment of atturnment and also that possession was given 237 An Indenture of bargain and sale absolute 249 An Indenture of Covenants to the former Indenture whereupon a recovery passed 252 A bargain and sale of underwood 265 A sale of Billets wood and timber 266 An Indenture of allotment of several mannors and parcels of land between six co-heires 286 An Indenture to avoid the title of survivorship 292 Another deed of covenants to avoid survivorship 294 An Indenture of partition 296 An Indenture where a Lease is granted to three Lessees that every one is to pay his part of the rent and equal part of charge for repairing c. 299 Provisoes A Proviso to be inserted in a deed or power of revocation by way of Proviso 7 Presentations A Presentation of a Minister to a living 7 A grant of the next presentation to a benefice 320 A Presentation by one who had a grant thereof 26
before mentioned limitted and appointed for the payment thereof and during such time and untill such default be made he the said I. C. for him his Heirs Executors Administrators and Assigns doth covenant grant and agree to and with the said Sir I. S. his Heirs Executors Administrators and Assigns that he the said I. C. his Heirs Executors Administrators or Assigns will not do commit or willingly suffer any manner of wast spoil or destruction of and in the premisses or any part thereof otherwise then for the necessary repair building or re-edifying of any messuage house or building upon any the messuages houses or edifices before specified And the said I. C. c. covenanteth c. that if he the said I. C. his Heirs c. do not well and truly pay unto the said Sir I. S. his Heirs c. the said sum of 2392 l before mentioned to be paid at the day and place of payment aforesaid according to the true intent and meaning of these presents that then he the said I. C. his Heirs and Assigns shall and will within twenty daies next after default of payment of the said sum of two thousand three hundred ninety two pound before mentioned to be paid deliver or cause to be delivered up unto the said Sir J. S. his heirs and assigns the full quiet and peaceable possession of the said Mannor or Lordship of S. and premisses with the appurtenances to the use and behoof of the said Sir J. S. and of his heires and assignes for ever A Deed of Covenants to declare the trusts in a former Bargain and Sale the Lands being to be sold for payment of Debts THis Indenture made c. Between c. wheras the said J. C. by his Indenture bearing date with these presents made between him the said J. C. of the one part and the said A. B. C. D E. F. and G. H. of the other part for the consideration therein mentioned hath granted bargained and sold unto the said A. B. C. D. E. F. and G. H. their heirs and assigns for ever All that Capital Messuage or Tenement c. as in the other book to the end of the Habend As in and by the said Indenture of bargain and sale more at large appeareth Now this Indenture witnesseth and it is hereby agreed and declared by and between all the parties to these presents that the said grant bargain and sale was and is made and the said A. B. C. D. E. F. and G. H. and their heirs are and shall stand trusted with the premisses to the intent and purpose and upon trust and confidence that the said land and premises may be sold to the best value that may be and the money which shall be raised thereby to be disposed of for and towards the payment and satisfaction of such debts of the said I. C. as are mentioned in the schedules hereunto annexed in such order as they are therin set down And lastly It is agreed by and between all the parties to these presents and by them declared to be their true intent and meaning That if in case there be any overplus remaining of the money which shall be raised by sale of the said lands and premisses after such time as the debts mentioned in the said schedule be paid and discharged That then such overplus shall be imployed and disposed of for and towards the satisfaction of such other debts as the said J. C. shall by any writing to be by him signed and sealed in the presence of two or more witnesses declare and appoint and no otherwise A Release for money that was left in the hands of a purchaser on paymint thereof THis Indenture made c. Between R. L. of S. in the County of C. Gent. and J. C. of the Inner Temple L. Esq of the one part and T. G. Esq of the City of L. of the other part Wheras Upon a purchase lately made by the said T. G. of and from the said R. L. J. C. and S. his wife daughter of the said R. L. of certain lands in C. in the County of O. the sum of 628. l part of the purchase money payable by the said T. G. to the said R. L. was by agreement between them to remain in the hands of the said T. G. for such time and upon such conditions and to such intents and purposes as F. H. of and in the County of D. should set down and appoint which sum of 628 l was intended to remain as a security for the said T. G. against all incumbrances whereby the said lands are or may be charged and for saving him harmless from all damages whatsoever which may or might at any time hereafter happen to fall upon the said T. G. his Heirs or Assigns or upon any of the said lands and premisses or any other the lands of the said T. G. for or by reason of any the debts of the said I. C. and W. C. his deceased father or either of them and whereas the said T. G. at the time of the ensealing of these presents at the request of the said R. L. hath paid the said sum of 628 l to the said I. C. and R. L. or one of them or to such as were appointed by them or one of them to receive the same Now that the said R. L. and I. C. have received the said sum of 628 l of and from the said T.G. the receipt whereof they do hereby acknowledge and that the same is the last payment and in full satisfaction of and for all the Lands Tenements and Hereditaments which the said I. C. had in the County of O. and which the said T. G. purchased and thereof and of every part and parcel thereof they do clearly and absolutely acquit and discharge the said T. G. his Heirs Executors and Administrators for ever by these presents And in consideration of the premisses the said R. L. and I. C. do for themselves jointly and either of them for himself severally doth covenant promise and grant to and with the said T. G. his Heirs Executors and Assigns that they the said R. L. and I. C. shall and will from time to time and at all times hereafter save defend and keep harmless the said T. G. his Heirs Executors and Assigns and also all the said lands and premisses in C. aforesaid or elsewhere in the said County of O. so purchased by him the said T. G. and all other his Lands Tenements Goods and Chattels of and from al loss and damage whatsoever which shall happen arise or befall for or in respect of any the debts of the said W. C. and I. C. or of either of them In witness c. A proviso to be inserted in a lease or a power of Revocation reserved PRovided always that if the said c. his Executor Administrators or any of them shall at any time hereafter pay or tender unto the said W. W. his Executors c. or to any other
c. all such costs charges and expences as the said E. C. his c. shall at any time hereafter be put unto for or by reason of any cause matter or thing touching or concerning the said Executorship or the said last Will and Testament of the said A. W. And the said W. A. doth further covenant To performe the Will c. That he the said W. A. his c. shall and will well and truly fulfil accomplish and perform the said last Will and Testament of the said A. W. and well and truly content and pay all and every the Legacies guifts and bequests contained and specified in the same last Will and Testament according to the Tenor Purport and true meaning of the same In witnesse c. An Indenture in Consideration of Marriage in lieu of Joynture THis Indenture made c. between M. F. of the one part and I. I. and I. F. of the other part Witnesseth that the said M. F. for and in consideration of a Marriage heretofore had and solemnized between the said M. F. and C. his now wife and for and in full satisfaction and recompence of such Joynture or Dower as she the said C. shall have or challenge out of or in or to all or any of the Messuages Lands Tenements or Hereditaments of the said M. F. in case the said C. shall survive and overlive the said M. F. And for the continuance settling and establishing of the said Messuages Lands Tenements and Hereditaments hereafter mentioned in the name blood and kindred of the said M. F. so long as it shall please Almighty God and for divers other good causes and considerations him the said M. F. hereunto moving Doth covenant c. That he the said M. F. and his heirs and all and every person and persons and their Heirs now standing or being seized or which at any time hereafter shall stand or be seized of or in all that Capital Messuage with the Appurtenances commonly called or known by the name of H. in B. aforesaid in the said County of S. in the tenure or occupation of the said M. F. or his Assinges and of and in all and singular the Lands Tenements Meadowes Pastures Feedings Commons Woods Underwoods and Hereditaments whatsoever with their and every of their Appurtenances to the said capital Messuage or Tenement belonging or appertaining or to or with the same at any time heretofore used occupied or enjoyed as part parcel or member thereof shall and will from henceforth stand and be seized thereof To stand seized and of every part and parcel thereof to the uses intents and purposes hereafter mentioned That is to say To the use and behoof of the said M. F. and C. his wife and their Assignes for and during their natural lives and the life of the longer liver of them without impeachment of or for any manner of waste The Uses and from and after the decease of the Survivor of them the said M. and C. then to the use and behoof of the Heirs of the body of the said M. F. and C. lawfully begotten and for default of such Issue then to the use and behoof of the right heires of the said M. F. for ever And the said M. F. doth further covenant c. That he the said M. F. at the time of the sealing and delivery of these presents To have power to raise uses is and standeth seized of a good perfect and indiffeazible estate in Fee-simple of and in the said Messuages Lands Tenements and Hereditaments and of and in every part and parcel thereof and that he hath lawful power and authority by these presents to raise limit and appoint the aforesaid several uses and estates and that all and singular the premisses with their and every of their Appurtenances now are and so at all times and from time to time hereafter shall be remain and continue unto the uses intents and purposes before Discharged of Incumbrances in and by these presents limitted expressed and declared free and clear and freely and clearly acquitted and discharged of and from all and all manner of former and other Bargaines Sales Gifts Grants Leases Joyntures Dowers Wills Intails c. and of and from all other Titles Troubles Charges and Intumbrances whatsoever In witnesse c. Words to be used upon the Delivery of Possession I do deliver you Possession and seizin of this house or of this parcel of Land in the name of all the rest contained in this Deed or Indenture To hold to you and your Heirs and Assignes for ever according to the Tenor form and effect of this present writing or Indenture A Conveyance of Land by three Co-heires and their Husbands well pend THis Indenture made the Twentieth day of March in the Tenth yeare of the Raign of our Soveraign Lord Charles by the grace of God of England Scotland France and Ireland King Defender of the faith c. Between W. S. of B. in the County of B. Husbandman and I. his wife W. M. of L. R. in the parish of Princes Risborough in the said County husbandman and A. his wife and F. W. of P. R. aforesaid in the said County Husbandman and A. his wife and E. A. of the parish of P. R. aforesaid The Consideration and S. his wife on the one part and I. M. of H. aforesaid in the said County husbandman on the other part Witnesseth That the said W. S. and I. his wife W. M. and A. his wife and F. W. and A. his wife for and in Consideration of the summe of one hundred and Ninty pounds of currant money of England to them the said W. S. I. his wife W. M. and A. his wife F. W. and A. his wife E. A. and S. his wife by the said I. M. in hand paid before the insealing hereof the receipt whereof the said W. S c. do hereby acknowledge and thereof do joyntly and severally exonerate and discharge the said I. M. his Heirs Executors and Administrators and every of them for ever by these presents The Grant And for other good causes and considerations them moving have granted aliened bargained fold infeoffed and confirmed and by these presents for them and their heirs do joyntly and severally Grant Alien Bargain Sell Infeoffe and Confirm unto the said I. M. his heirs and assignes for ever All that Messuage Tenement or dwelling house with the appurtenances scituate lying and being at or near a place called W. A. in the parish of B. alias B. in the said County of B. wherein the said W. S. now dwelleth and wherein one W. W. deceased Father of them the said I. A. and A. did lately dwell and inhabit and all those five several Closes of Arable Land Meadow pasture and wood-ground belonging to or used with the said Messuage Tenement and dwelling house lying and being in the Parishes of B. aforesaid W. and H. or in some or one of them in the said
Remainder of the term for himself his c. doth Covenant and grant c. that he the said T. L. his Executors and Assigns shall and may at all times during the said term or residue of the said term and number of years now to come and unexpired quietly and peaceably have hold occupy and enjoy all and every the said parcels of land pasture and wood-ground with their appurtenances without the let suit trouble Expulsion or Eviction of him the said G. E. his Executors and Assignes and of all and every other person and persons whatsoever lawfully claiming by from or under him the said G. E. his estate or title and absolutely freed and discharged from all charges and incumbrances whatsoever done or suffered by him the said G. E. or by his means Act or procurement A Covenant if the number of Acres be wanting so much money to be re-paid And the said I. S. for himself his c. ut supra That in case the said lands wood-grounds and premisses hereby mentioned to be assigned together with other parcels of Copy-hold Lands of the said I. S. lying in E. aforesaid and by him the said I. S. sold to him the said T. L. and his heirs shall fall out and appear to be under the quantity of 24. Acres at which quantity the same is now sold and estimated unto him the said T. L. That then he the said I. S. his Executors and Assignes shall pay and allow unto him the said T. L. so much moneys and after the rate of 12. pound for every acre and after that rate for a greater or lesser quantity then one acre that shall want of the said quantity and number of 24. acres To enjoy against the Montgaiger And also that he the said T. L. his c. shall and may quietly and peaceably have hold possesse and enjoy all and every the said lands and premisses with their appurtenances without the let suit trouble disturbance molestation interruption or eviction of him the said I. S. his Heirs Executors and Assigns and of all and every other person and persons whatsoever lawfully claiming by from or under him the said I. S. his estate or title and absolutely freed and discharged from all fines issues amerciaments forfeitures and all and all manner of charges and incumbrances whatsoever made done or suffered by him the said I. S. or by his act means neglect or procurement the foresaid recited Indenture of lease made to the said G. E. only excepted c. A Lease for three lives of a Messuage and Lands unto those that sold the same it being so agreed upon sale thereof Well pend THis Indenture made c. between I. B. of c. on the one part and I. L. of c. and E. his wife and I. L. his Sonne on the other part Whereas the said I. L. and E. his wife by their Indenture of bargain and sale dated the second day of October last past Recital of the Lessees sale with agreement that the Lessor should make a Lease for the Consideration therein expressed and by other assurance in Law have fold and conveyed unto the said I. B. his heirs and assignes for ever all that Messuage or Tenement with the appurtenances wherein the said I. L. then did and now doth inhabit scituate and being in L. M. aforesaid and all those the Lands hereafter particularly mentioned and expressed as by the said recited Indenture of bargain and sale amongst other things therein contained it doth and may appear And whereas it was agreed between the said I. B. and the said I. L. at the time of the executing the said Conveyance as in part of the bargain for the said Messuage and Lands that the said I. B. should make a Lease of the said Messuages and Lands unto the said I. L. E. his wife and the said I. his Sonne for their lives successively at the yearly Rent of 4. pound per annum The Consideration Now this Indenture witnesseth That the said I. B. being about the age of 28. years as well in performance of the said Agreement on his part made aforesaid and of the yearly rent hereby reserved and for other good causes and Considerations him moving Hath demised set and to farm-letten and by these presents doth demise The Demise set and to farm-let unto the said I. L. E. his wife and the said I. all that the foresaid Messuage or Tenement with the appurtenances wherein the said I. L. doth now inhabit and dwell scituate and being in L. M. aforesaid and all those the Lands hereafter particularly mentioned viz. one half acre of Land c. mentioning the particulars c. Together with all Houses Edifices Buildings Barns Stables Yards Back-sides Orchards Gardens Commons Commodities Wayes Easments Emoluments Hereditaments and Appurtenances whatsoever to the said Messuage or Tenement and Premisses or any of them belonging or in any wise appertaining and now used therewith except all woods timber and trees growing or to be growing on the premisses or any of them And also except all those four Cottages or Tenements heretofore built on part of the Orchard belonging to the said Messuage or Tenement hereby demised now being in the several tenures or occupations of R. E. T. F. W. R. and L. D. their Assignee or Assignees To have and to hold the said Messuage or Tenement and all other the premisses with their aptenances The Habendum except before excepted unto the said I. L. E. his wife and I. L. for and during the term of their natural lives and the life of the longer liver of them successively one after another as they are herein named Yielding and paying therefore yearly and every year during the said term hereby demised unto the said I. B. his heirs and assignes the yearly Rent or summe of 4. pound of currant money of England The Reddendum at two Feasts or terms in the year most usual viz. the Feast of c. to be paid at c. the first payment thereof at the Feast of the Annunciation of c. next ensuing And if it happen the said yearly Rent The Distresse or any part thereof to be behind and unpaid by the space of eight days next after any or either of the said Feasts or days of payment whereon the same ought to be paid as aforesaid That then it shall and may be lawful to and for the said I. B. his heirs and assigns and every of them to enter into and upon the said Messuage and Premisses and every or any of them and to distrain for the same and the distresse and distresses there had and taken to lead drive take and carry away and the same with him and them to detain and keep untill the said yearly Rent and the arrerages thereof if any happen to be unto the said I. B. his heirs assigns shall be contented and paid Covenant to repair And the said I. L. E. his wife and