of Joane a new right or title in the tayl descendeth to the said Richard and after his death to the said Thomas his Brother the Demandant Benloes Rep. 30 31. 2. In 29 H. 8. A Recovery was had against Tenant in taile and he dyed before execution And by the better Opinion the Issue is not remitted neither shall he falsifie because of the Recovery in value upon the Voucher Dyer 35. 3. In the Case of Hunt and Gateley Pasch 23 Eliz. in C.B. the case was That he in Remainder granted a Rent out of the Land after the Tenant in tail suffered a Common Recovery and dyed without Issue And it was Resolved by all the Judges of England That Leases for years Conusance of a Statute Grant of a Rent and all other Incumbrances by him in remainder are avoided by the common Recovery that the Tenant in tail shall suffer of the Land Moores Rep. Case 298. Capell's Case 23 Eliz. Co. 1. fo 62. 4. In Trin. 12 Eliz. 290. A Recovery was suffered by Husband and Wife of Tenements in London which by the Custome of London binds as a Fine at Common Law which was to the use of the Recoverors c. untill they made a Lease for 40 years and then to the use of the husband and wife and the heirs of the wife The Lease was made and then the husband dyed In this case the Court held that the wife should be concluded and should not avoid this Lease but shall hold under the Recovery so as the Lease precedes her Estate But Quaere what remady she shall have for the Rent which was reserved before her Estate by the use was created Dyer 290. See Co. 2. Part 57. Beckwiths Case 5. Replevin for the taking of three Cowes apud Rowdham the Defendant justifies for damage Feasant as in Freehold the Pâ—aintiff traverses the Freehold and thereupon being at Issue a specia Verdict was found Where the Case appeared to be One William Brown Father to the Defendant being seised of this Land in Fee having Issue the Defendant his Son and Heir Thomas Brown his second son and Richard a third by his Will in writing devised this Land to Thomas his son and his Heirs for ever paying to his brother Richard 20 l. at his age of 21 years And if Thomas dyed without Issue living William his Brother That then William his Brother should have those Lands to him and his heirs and assigns for ever paying the said Summe as Thomas should have paid Thomas enters and suffers a common Recovery with a single voucher to the use of himself and his heirs and afterwards deviseth it to the wise of Edward Pells the Plaintiff and her heirs and dyes with out Issue living the said William Brown who entred upon Edw. Pells and took the Distress Et si c. This Case was twice argued at the Barre and afterwards at the Bench and the matter was divided into three Points 1. Whether Thomas had an Estate in Fee or in Fee tayl only 2. Admitting he had a Fee Whether this limitation of the Fee to William be good to limit a Fee upon a Fee 3. If Thomas hath a Fee and William only a possibility to have a Fee Whether this Recovery shall barr William or that it be such an Estate as cannot be extirpated by Recovery or otherwise To the third Point Dodderidge held That this Recovery should barr William for he had but a possibility to have a Fee and as it were a contingent Estate which is destroyed by this Recovery before it came in esse for otherwise it would be a mischievous kind of Perpetuity which could not by any means be destroyed And although it was Objected That a Recovery shall not barre but where a Recovery in value extends thereto as appears Co. lib. 1. Capell's Case That a Rent-charge granted by him in remainder was bound Yet he held That this Recovery destroying the immediate estate all Contingencies and dependencies thereupon are bound and a Recovery shall bind every one who cannot falsifie it And he who hath this possibility cannot falsifie it therefore he shall be bound thereby But all the other Justices were herein against him That this Recovery shall not bind for he who suffered the Recovery had a Fee and William Brown had but a Possibility if he survived Thomas and Thomas dying without issue in his life no Recovery in value shall extend in value thereto unless he had been party by way of Vouchee And then it should for by entring into the Warranty he gave all his possibility Therefore they agreed to the case which Davenport at the Barre cited to be adjudged 34 Eliz. where a Mortgagee suffers a Recovery that shall no bind the Mortgagor but if he had been party by way of Voucher it had been otherwise and here is not any Estate depending upon the Estate of Thomas Bray but a Collaterall and meer Possibility which shall not be toucht by a Recovery And if such a Recovery should be allow'd then if a man should devise that his Heir should make such a payment to his younger sons or to his Executors otherwise the Land should be unto them if the Heir by Recovery might avoid it it would be very mischievous and might frustrate all devices and there is no such mischief that it should maintain Perpetuities for it is but in a Particular case and upon a mere contingency which perchance never may happen and be avoided by joyning him in the Recovery who hath such a contingency And on the other part it would be far more and a greater mischief that all Executors devises should by such means be destroy'd And Hutton in his Argument put this Case If a man gives or devises Land to one and his heirs as long as J. S. hath Issue of his body he by Recovery shall not bind him who made this Gift without making him a party by way of Vouchee for a Recovery against Tenant in Fee-simple never shall bind a collateral interest title or possibility as a Condition or Covenant or the like Wherefore they all besides Dodderidge held that this Recovery was no barr But it was adjudged for the Defendant Pells and Brown Hill 17 Jac. B.R. Cro. 2 Part 590. 6. In Pasch 24 Eliz. C. B. A Feme Sole was seised of a Mannor to which were three Copyholds one of the Copyholders did intermarry with the woman and afterwards he and his wife did suffer a Common Recovery of the Mannor to the use of themselves for their lives and afterwards to the use of the Heirs of the wife In this case it was agreed by the whole Court That the Copyhold was extinct And said by the Court That if a Copyholder will joyn with the Lord in a Feoffment of the Mannor thereby the Copyhold is extinct and so if he accept a Lease of his Copyhold Godb 11. Mich. 29 Eliz. C.B. Godb. 101. accord 7. Husband and wife are Joynt-Tenants for life the remainder to
same Recognizance c. And whereas also the said I. D. hath extended and to him is delivered in the Execution the Mannor of N. with the appurtenances in the County of c. at the yearly Rent of c. for non-payment of the said sum of c. Now the said I. D. for divers good causes and considerations him hereunto specially moving hath granted assigned and set over and by these presents doth grant assign and set over unto the said VV. D. T. B. G. B. and T. O. all the estate right title interest and demand whatsoever which he the said I. hath by reason of the said extent of in and to the said Mannor of N. with the appurtenances and of in and to every part and parcel thereof and of in and to all singular Messuages Lands Tenements Meadows Leases Pastures Feedings Rents Reversions Services and Hereditaments with the Appurtenances so extended and delivered in execution as aforesaid And the said I. D. for himself c. that he the said I. D. his Executors or Assigns at any time or times hereafter shall not do any act or acts thing or things whereby the said extent and extents or the estate title or interest of the said VV. D. c. or any of them or of the Executors Administrators or Assigns of them or any of them by reason of the said extent may be in any wise hurt hindred impeached discharged undone or made void And further that he the said I. D. his Heirs Executors and Administrators shall and will at the reasonable request costs and charges in the Law of the said VV. D. or any of them do and suffer to be done made and acknowledged all and every such lawful and reasonable act and acts thing and things device and devices in the Law whatsoever for the further assurance surety sure-making and conveying of the premises for and during all the time and term of the said extent and execution unto the said T. B. G. B. and T. O. as by the learned Counsel of them or any of them shall be reasonably devised or advised and required In witness c. An Assignment of a Bond for performance of Covenants TO all Christian People c. I. I. c. sendeth greeting c. VVhereas R. D. of c. by his Obligation bearing date c. became bound unto the said I. I. in the sum of c. conditioned for performance of the Covenants contained in one pair of Indentures of Bargain and Sale of the Inn called K. in C. c. in the c. with certain Lands thereunto belonging which Inn and premises are now by the said I. I. bargained and sold unto M. W. of c. his Heirs and Assigns Now the said I. I. for the better enjoying of the said Inn and other the Lands and Tenements thereunto belonging hath as much as in him is assigned and set over and by these presents doth fully clearly and absolutely assign and set over unto the aforesaid M. VV. his Heirs Executors and Assigns the said recited Obligation and all sum and sums of money therein mentioned and the benefit and advantage thereof to be had or made And the said I. I. for himself c. doth covenant and grant to and with the said M. VV. c. That he said M. VV. his Heirs Executors Administrators and Assigns shall and may in lawful manner at his and their cost and charges in all things from time to time and at all times hereafter sue for levy recover and enjoy all sum and sums of money benefit and advantage whatsoever which shall or may be gotten by vertue force or means of the said recited Obligation in the name of the said I. I. his Executors or Administrators without any manner of non-suit release trouble denial or interruption of the I. I. his Executors or Administrators unless it be by consent of the said M. VV. his Heirs or Assigns in writing first had and obtained And he the said M. VV. for himself c. doth Covenant c. That he the said M. VV. his Executors or Administrators shall and will from time to time and at all times hereafter save and keep harmless the said I. I. his Executors or Administrators and every of them of and from all and all manner of costs and charges to arise by means of any suit upon or by reason of the said Obligation In witness c. A Release of Annuity TO all Christian People c. We N. B. and A. B. of c. send greeting c. Whereas Sir J. B. of c. by his Deed indented bearing date c. for the considerations therein mentioned Recital did give and grant unto W. L. and R. P. of c. one Annuity or yearly Rent of c. to be issuing and going out of all and singular the Mannors Messuages Lands and Tenements called H. and L. within the Parish of c. and out of all the Lands Tenements and Hereditaments with the appurtenances in H. and L. within the said Parish of c. in the said County of c. to have hold receive and enjoy all the said Annuity or yearly Rent of c. to the said W. L. and R. P. their Executors or Assigns for and during the natural life of the said Sir I. B. the said Annuity or yearly Rent of c. to be payable and paid to the said W. and R. their Executors and Assigns during the life of the said Sir I. B. at two Feasts in the year viz. at the Feast of c. at or in the c. as by the same Deed indented thereof made more at large it doth and may appear Sithence which time the said W. L. is dead and the said R. P. him survived And whereas also the said R. P. by his Deed indented bearing date c. for the considerations therein mentioned did demise grant bargain and sell unto the said N. B. his Executors and Assigns the said annuity or yearly rent of c. and every part thereof to have and to hold unto the said N. B. his executors and assigns for and during the term of c. from thenceforth next and immediately ensuing and fully to be compleat and ended if the aforesaid Sir I. B. should so long live as in and by the said Indenture last mentioned more c. Now know ye That we the said N. B. and A. B. for and in consideration of a certain competent sum of lawful money of England to us in hand paid at and before the c. by G. S. and R. G. of c. Esq whereof and wherewith c. have remised released and quit-claimed and by these presents for us and either of us our and either of our executors and assigns and every of us do fully clearly and absolutely remise release and for ever quit-claim unto the said G. S. and R. G. their heirs and assigns and every of them in their or some or one of their full and
parcel thereof Together also with the Counterpart of the said Lease made by the said Sir W.S. to the said C. Cundall as aforesaid To have and to hold the said parcel of Ground Houses Edifices Buildings Reversion Rents and all other the premises before in and by these presents granted bargained sold assigned or set over and every part and parcel thereof with their and every of their appurtenances unto the said R. H. his Executors Administrators and Assigns from henceforth for and during all the rest and residue of the foresaid Thirty years yet to come and unexpired And the said M. F. for himself his Executors and Administrators and for every of them doth covenant promise and grant to and with the said R. H. his Executors Administrators and Assigns and to and with every of them by these presents in manner and form following That is to say that it shall and may be lawful to and for the said R. H. his Executors Administrators and Assigns and every of them from time to time and at all times hereafter for and during the rest and residue of the said term of Thirty years yet to come and unexpired peaceably and quietly to have hold use occupy possess and enjoy the said parcel of Ground Houses Edifices and Buildings and the Rents Issues and Profits thereof shall or may have receive take and convert to his and their own proper use and behoof without the lawful let suit trouble eviction disturbance or interruption of them the said M. F. or H. R. or any of them their or any of their Executors Administrators or Assigns or any of them or of any other person or persons whatsoever lawfully having or claiming or which shall lawfully have or claim any lawful Estate Right Title or Interest of in to or out of the said premises or any part thereof by from or under them or either of them or by reason of their act or acts right title means or procurement other than such as shall claim by force of the said Lease made to the said C. Cundall and also free and clear and freely and clearly acquitted exonerated and discharged by the said M. F. his Executors or Administrators or some or one of them from time to time and at all times during the residue of the said term of Thirty years yet to come and unexpired and well and sufficiently saved and kept harmless of for from touching and concerning the said yearly Rent of Ten pounds reserved upon the said original Lease and by and from the said Wardens Commonalty of the Mystery of Mercers to the said Earl of Exceter as aforesaid as also free of all Incumbrances had made committed suffered or done by them the said M. F. and H. E. and either of them their Executors Administrators or any of them by their or any of their act or acts defâ—ults means or procurement And the said H. E. for himself hiâ— Executors Administrators and Assigns doth covenant and granâ— to and with the said c. his Executors c. and to and with eâ—â—ry of them by these presents That it shall and may be lawful to and for the said R. H. his Executors Administrators and Assigns and every of them from time to time and at all times hereafter for and during the rest and residue of the said term of Thirty years yet to come and unexpired peaceably and quietly to have hold use occupy possess and enjoy the said parcel of Ground Houses Edifices Buildings Rents Reversions and all other the premises before in and by these presents granted bargained sold assigned and set over and every part and parcel thereof with their and every of their appurtenances without the let suit trouble eviction disturbance or interruption of him the said H. E. his Executors Administrators or Assigns or any of them or any other person or persons whatsoever lawfully claiming or which shall or may lawfully claim by from or under him them or any of them or by from or under or by reason of his their or any of their act or acts right title interest means or procurement In witness c. A Lease of divers Lands c. with a Covenant to pay Heriots vpon Death c. with many other substantial Covenants THis Indenture made the c. between Sir H. Oniel of c. Knight of the one part and G. R. of c. Gentleman of the other part Witnesseth That the said Sir H. Oniel as well for and in consideration of a certain sum of Money to him in hand paid as also for divers other good Causes and Considerations him thereunto moving hath demised granted bargained sold and to farm-letten and by these presents doth demise grant bargain sell and to farm-let unto the said G R. all those four Towns or Town-lands commonly called or known or reputed to be known by the several names of Cashall K. E. F c. scituate and being within the Mannor of c. in the County of c. according as the same are bounden meeted or butted by and with the ancient Meets and Bounds thereof and as the said Towns or Townships and every or any of them have been enjoyed by the said Sir H. Oniel or any other his Farmors Lessees or Under-Tenants and now or late in the respective Tenures Possessions or Occupations of the said Sir H. Oniel or his Under-Tenants Farmors Lessees or Assigns of him the said H. O. Together with all and all manner of Houses Edifices Buildings Orchards Garden Yards Lands Meadows Pastures Wayes Waters Water-courâ—â—s Commons Profits Easements Commodities Emoluments and Hereditaments whatsoever to the said four Towns or town-Town-lands them or any of belonging or in any wise appertaining or with them or any of them used occupied or enjoyed And all Rents and yearly Profits and other Duties and Services reserved or payable upon or by reason of any Lease or Leases Demises or Grants heretofore to any person or persons convenanted or made of the premises or any part or parcel thereof and the Reversion and Reversions of the said four Towns or Town-lands and every of them and of all and every the before demised premises depending or expectant or remaining upon any Demises Leases or Grants now in being or at any time pretended to be of the said premises or any part thereof for term of Life or Lives or for term of Years or otherwise howsoever Except and alwayes reserved out of this present Demise and Grant of the said demised premises unto the said Sir H. Oniel his Heirs and Assigns all Timber-Trees Woods and Under-woods now growing standing or being or hereafter to grow stand or to be in or upon the said Towns or Town-lands or in or upon any part or parcel thereof together with all Felons Goods Waifs Estrayes Mines Minerals Priviledges Royalties and Franchises whatsoever to the said Towns or Town-lands or any of them belonging or in any wise appertaining and together also with free ingress egress and regress for taking having
Mariners for the safe conducting of the said Ship and keeping of the Merchants Goods during the said Voyage In witness c. A Mortgage of Lands upon Money c. THis Indenture made the c. between T. A. of c. of the one part and T. M. Vintner and Citizen of London of the other part Witnesseth That the said T. A. for and in consideration of the sum of c. of lawful money of England in hand paid unto him the said T. A. by the said T. M. at and before the ensealing and delivery of these presents the receipt whereof the said T. A. doth hereby acknowledge and thereof and of every part thereof doth hereby also clearly acquit and discharge the said T. M. his Heirs and Assigns and for divers other good Causes and Considerations him the said T. A. thereunto moving Hath demised granted bargained and to farm-letten and by these presents doth c. unto the said T. M. his Executors Administrators and Assigns all those three several Pastures of Grounds lying in S. within the parts of Holland in the County of L. containing by estimation c. be they more or less now or late in the Tenure or Occupation of one I. B. his Assignee or Assignees To have and to hold the said three Pastures and every part and parcel thereof with their and every of their appurtenances unto him the said T. M. his Executors and Assigns from the Feast of c. now next ensuing the date of these presents for during and until the full end and term of 99 years from thence next ensuing and fully to be computed compleat and ended Yielding and paying therefore yearly during the said term unto the said T. A. his Heirs Executors Administrators or Assigns one Pepper-corn if it be lawfully demanded at or on the Feast-day of St. Michael the Archangel And it is hereby concluded and agreed by and between the said Parties to these presents and the said T. A. doth for himself and A. his wife their Heirs Executors c. covenant promise and agree to and with the said T. M. his Executors Administrators and Assigns that it shall and may be lawful to and for the said T. M. his Executors Administrators and Assigns quietly and peaceably to have hold occupy possess and enjoy all and singular the said three Pastures or Grounds and Premises with their and every of their appurtenances from time to time and at all times hereafter during the said term without the lawful let and interruption of him the said T. A. and A. his wife their and either of their Heirs Executors or Assigns or of any other person or persons whatsoever lawfully claiming from by or under them or either of them And also freed and discharged of and from all and all manner of former Bargains Sales Gifts Grants Judgments Executions and other Charges of Incumbrances whatsoever had made done or suffered by them or either of them Provided alwayes and it is nevertheless agreed and concluded by and between the said Parties to these presents and it is the true intent and meaning thereof That if the said T. A. his Executors Administrators c. or either of them shall well truly pay or cause to be paid unto the said T. M. his Executors Administrators and Assigns the full and entire sum of c. of lawful money of England on the day of c. next ensuing the date of these presents at or in c. That then this present Indenture Demise and Grant and every Clause and Article therein contained shall cease determine be void and of none effect any thing in these presents contained to the contrary thereof in any wife notwithstanding In witness c. An Indenture of Bargain and Sale of a Mannor with necessary Covenants THis Indenture made the c. between J. W. of c. on the one part and R. D. of c. and B. his wife on the other part Witnesseth c. Hath granted aliened bargained and sold and by these presents doth grant allen bargain and sell unto the said R. D. and B. his wife their Heirs and Assigns all that the Mannor of c. with the appurtenances in the County of Essex And all the Lands Tenements and Hereditaments with the Appurtenances whatsoever by what name or names soever the same or any of them be known or called now in the Tenure or Occupation of W. E. or his Assigns Together with all and singular the Lands Tenements Profits Commodities and Hereditaments to the said Mannor of H. belonging or in any wise appertaining or with the same at any time heretofore demised used or occupied or reputed taken occupied or known as any part parcel or member thereof And all other his Messuages Lands Tenements and Hereditaments whatsoever lying and being in the Parish of c. or in any of them in the said County in E. And all and singular the Reversion and Reversions Remainder and Remainders of them and every of them and all Rents reserved upon any Demise or Lease of them or any part of them And also all the Estate Right Title or Interest Use Possession Claim and Demand whatsoever which he the said J. W. now hath may might should or in any wise ought to have of in and to all and singular the said bargained premises or any part thereof Together with all and singular Evidences Deeds Escripts Charters Writings Court-Rolls Books of Survey and Monuments whatsoever concerning the same as be now in the Hands Custody and Possession of the said I. W. or in the Hands Custody and Possession of any other person or persons whatsoever to his use by his delivery or which he may lawfully get or come by without suit in Law And the said J. W. doth covenant promise and grant for himself his Heirs Executors and Administrators and for every of them to and with the said R. D. and B. his wife their Heirs and Assigns upon reasonable request to deliver or cause to be delivered unto the said R. D. and B. or either of them their or either of their Heirs or Assigns at or before the Feast-day of St. Michael the Archangel next ensuing the date of these presents true Copies of all such Evidences and Writings as concern the said Lands together with any other Lands of the said J. W. to be written at the Costs and Charges of the said R. and B. or either of them their Heirs or Assigns Habend To have and to hold all and singular their said Mannor of H. Lands Tenements and all other the aforesaid premises and all and singular their appurtenances before in and by these presents bargained and sold and every part and parcel thereof unto the said R. D. and B. his wife their Heirs and Assigns for ever And the said J W. for himself his Heirs That he is seised in Fee and hath power to grant Executors and Administrators doth covenant and grant to and with the said R. D. and B.
to the said J. G. all such Bonds and Obligations wherein any person or persons are or stand bound unto the said A. for touching and concerning the portions of the said Children or otherwise as shall come to the hands and possession of the said R. L. and make seal and deliver to the said J. G. such Letter or Letters of Attorney for the recovery of the sums of money contained in the same Bonds and Obligations or any of them as by the Council learned of the said J. G. shall be thought meet and convenient and by the said J. G. required for and to the use of the said Children And that he the said R. L. shall not release or discharge the said Bonds or Obligations or any of them without the consent and agreement of the said J. C. nor revoke or countermand the said Letter of Attorney And that the said R. L. shall permit and suffer the said A. and give his assent that she shall make a Will and by the same to give and bequeath at her liberty and pleasure the sum of 500 l. and shall not countermand or revoke the same And that if it shall happen the said A. to die leaving the said R. L. that he the said R. L. his Executors Administrators or Assigns shall well and truly content c. or cause c. the said Legacies or so much of them as shall not exceed the said sum of 500 l. within one year next after the decease of the said A. at the Mansion-house of the said R. L. in T. asoresaid And further it is covenanted granted c. between the c. and the said J. G. for himself his Heirs Executors Administrators and Assigns doth covenant and grant to and with the said R. L. his Executors and Administrators in manner and form following that is to say That he the said J. G. or his Assigns shall yearly from and after the said Marriage so had and solemnized as aforesaid and during so long time as the said Children or any of them shall be at the finding and providing for of the said R. L. well and truly content c. or cause c. to the said R.L. or his Assigns for every of the said Children so being c. the yearly sum of c. at the Feasts of c. by even and equal portions out of the increase and profits of their respective portions as aforesaid and that he the said J. G. shall imploy and bestow the residue of the increase and profits which shall come or grow of the said portions or stocks from time to time in such sort and manner as the said A. shall appoint for the further benefit and condition of the said Children and then he the said J. G. shall from time to time when he shall be thereunto required by the said A. yield and make unto the said A. a just true and perfect account of the said increase or profits coming or arising of the portions aforesaid In witness c. A Condition where one buyeth Lands the Seller is bound that the Land is free from Incumbrances THe Condition c. That whereas the within-bonnden A. B. hath bargained and sold unto the within-named C. D. and his Heirs for ever all that his Messuage or Dwelling-house Lands Feedings Meadows Pastures Rents Profits and other Hereditaments whatsoever thereunto belonging with their appurtenances et lying and being in the Town and Field of c. in the County of c. If therefore the said Messuage or Dwelling-house Lands and all other the premises and every part and parcel thereof at the day of the date within written be clearly discharged of and from all and all manner of former and other Gifts Grants Leases Bargains Sales Joyntures Dowers Rights and Titles of Dower Rents arrerages of Rent Statutes-Merchant and of the Staple Feoffments Annuities c. and of and from all other Titles Charges and Incumbrances whatsoever had made done committed or suffered or to be had made done committed or suffered by the said A. B. his Heirs or Assigns or by any other person or persons by his their or any of their means act title consent assent or procurement the Rents and Services which from the day of the date within-written shall grow due to be paid and performed to the chief Lord or Lords of the Fee or Fees of the premises only excepted That then c. or else c. A Condition for a Brewers Clerk THe Condition of c. That whereas the within-named J. D. hath before the day of the date within-written entertained into his Service the within-bound J. H. to serve in the room place or office of a Dray-Clerk or Beer-Clerk If therefore the said J. H. doth and shall during the time of his service in the said Office or Place carefully and diligently use and imploy himself and his best endeavours in the said Room or Office and do once in every week weekly during the continuance of his service in the said Office make and give to the said J. D. his Executors or Assigns a true just and perfect accompt in writing at the Messuage or Beerhouse of him the said J. D. situate c. of all such Beer Goods and Money of the said J. D. as by any wayes or means shall come to the Hands Charge Custody or Possession of the said J. H. And likewise do from week to week upon every Monday weekly during the said term at the place aforesaid content and pay unto the said J. D. his Executors or Assigns all such sum and sums of Money as the said J. H. shall have received of any person or persons whatsoever due or any wise belonging unto the said J. D. his Executors or Assigns And further if the said J. H. do not deliver on trust to any Customer or Customers or any other person or persons now not served by the said J. D. above four Barrels of Beer at the most before such time as he shall have made the said J D. acquainted therewith and of what estate and condition all and every such new Customers are of and also shall have the consent of him the said J. D. thereunto And further if the said J. H. do not depart from the service of him the said J. D. his Executors Administrators or Assigns before such payment and satisfaction shall be made by him the said J. H. unto the said J. D. his Executors Administrators or Assigns of all such Goods Arrerages Debts Summe and Summes of Money as he the said J. H. shall be found to be indebted unto the said J. D. his Executors or Assigns or any of them and if in case it shall happen the said J. H. to die or depart this life during the continuance of the said Office or Place of Beer-Clerk to the said J. D. his Executors or Assigns Then if the Executors Administrators or Assigns of the said J. H. do or shall within one moneth next ensuing after the decease of the
wife of the other part witnesseth That they the said J. T. and El. his wife as well for and in consideration of the sum of 210 l. of c. by the said R. H. unto them the said J. T. and El. his wife at the ensealing and delivery of these presents well and truly in hand paid the receipt whereof they the said J. T. and El. his wife do hereby acknowledge and thereof and of every part and parcel thereof do fully clearly and absolutely acquit exonerate and discharge the said R. H. his Heirs Executors and Administrators and every of them by these presents have granted aliened bargained sold and confirmed and by these presents c. unto the said R. H. and El. his wife all that one Messuage or Tenement c. together also with all and singular the Rooms Cellars Sollers Halls Parlours Chambers Houses Housings Vaults Pavements Courts Yards Easements and other Hereditaments Emoluments and Appurtenances whatsoever unto the said Messuage or Tenement and Premises or any of them appurtenant belonging or appertaining orâ—had used demised occupied or enjoyed as part parcel or member thereof or as thereunto or to any part thereof belonging or appertaining and the reversion and reversions remainder and remainders of them and every of them and also they the said J. T. and El. his wife for the consideration aforesaid have granted bargained and sold and by c. unto the said R. H. his Heirs and Assigns all and singular Letters-Patents Exemplifications of Fines and Recoveries Chirographies of Fines Charters Deeds Indentures Counterpanes Writings Evidences Escripts and Minuments whatsoever concerning only the premises hereby mentioned to be bargained and sold or only any part thereof and which now are in the Hands Custody or Possession of the said J. T. or any other person or persons by his delivery or appointment or to his use or to the use of the said El. his wife and which he may have obtain or come by without suit in the Law and also true Copies of all such other Letters-Patents exemplifications of Fines and Recoveries Chirographies of Fine Charters Deeds Indentures Counterpanes Writings Evidences Escripts and Minuments whatsoever amongst other things concerning the premises or any part thereof and which now are in the Hands Custody or Possession of the said J. T. or any other person or persons by his delivery or appointment or to his use or which he may have obtain or come by without suit in the Law all and singular which said Letters-Patents Exemplifications Chirographies Charters Deeds Indentures Counterpanes Writings Evidences Escripts and Minuments so hereby bargained and sold by the said J. T. he the said J. T. doth hereby grant and agree to deliver or cause to be delivered to the said R. H. his Heirs or Assigns on this side the Feast of the Annunciation of the blessed Virgin Mary now next coming safe uncancelled and undefaced as now the same are together with the said Copies the writings of the said Copies to be paid for by the said R. H. to the receipt of the said Copies To have and to hold the said Messnage or Tenement and Backside and all and singular other the premises hereby mentioned to be bargained and sold and every of them with their and every of their appurtenances and the Reversions and Remainders of them and every of them unto the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. to the only proper use and behoof of the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. for ever without any Mortgage Condition redemption use or limitation to recal alter charge or determine the same to be holden of the chief Lord or Lords of the Fee or Fees whereof the premises have been holden by the Rents and Services therefore due and of right accustomed And the said J. T. for himself his Heirs Executors and Administâ—ators doth covenant and grant to and with the said R. H. his Heirs and Assigns and to and with every of them by these presents that she the said El. his wife is seized of the reversion of the said bargained premises of an Estate to her and the Heirs of her Body lawfully begotten immediately expectant upon an estate for the life of Hellen Cl. now wife of Leo Cl. of c. Gent. with further remainder or reversion immediately expectant upon the said Estate-tail to the right Heirs of the said El. for ever without any reversion or remainder of the same or of any part thereof in our Soveraign Lord the King or otherwise of the full absolute reversion in Fee-simple expectant upon the said Estate for life of the said Hellen And the said J. T. for himself his Heirs Executors and Administrators doth covenant and grant to and with the said R. H. his Heirs and Assigns and to and with every of them by these presents that they the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. and every of them shall and may from time to time and at all times hereafter for ever after the decease of the said Hellen peaceably and quietly have hold occupy possess and enjoy the said Messuage or Tenement Backside and Premises without the let interruption trouble expulsion or eviction of the said J. T. and El. his wife or either of them or of their or either of their Heirs of their or either of their Bodies begotten or to be begotten or any other Heir or Heirs of them or either of them or of any heir or heirs of T. L. Gent. deceased and without any lawful let trouble interruption expulsion or eviction of any other person or persons whatsoever now having or lawfully claiming to have or which hereafter may have or lawfully claim to have any manner of estate right title interest thing or demand of in to or out of the said bargained premises or any of them by for from or under them or any of them or by from or under the said Hellen or by their or any of their means consent or procurement except such person and persons which may lawfully claim under the Leases and Estates herein after excepted and freed and discharged or otherwise within convenient time after reasonable request well and sufficiently saved and kept harmless and indempnified by the said J. T. his Heirs Executors and Administrators or some or one of them of and from a land all manner of former and other Bargains Sales Gifts Grants Alienations Estates Leases Joyntures Dowers Uses Wills Entails Rents Charges Rents-seck and arrerages of all manner of Rents Statutes-Merchant and of the Staple recognizances Judgments Executions Fines Post-sines and of and from all other Titles Troubles Charges and Incumbâ—aâ—ces whatsoever heretofore had made done committed omited or wittingly or willingly suffered or procured or hereafter to be had made done committed wittingly or willingly suffered or procured by the said I. T. and El. T. L. and H. or either
c. to Eliz. her Sister in trust c. THis Indenture Tripartite c. between T. Geo. Esquire Son and Heir of Sir Tho. G. of c. Knight of the first part Ph. E. single woman and Daughter of c. of the second part and Eliz. B. Sister of the said Ph. B. of the third part witnesseth That whereas there is a Marriage agreed upon and shortly by Gods Grace to be had and solemnized between the said T. G. and the said Ph. B. and whereas the said P. B. is and standeth possessed and interessed in certain Leases Moneys Jewels Debts Goods and Chattels and whereas also the said T. G. by reason of the present distractions of the times is not able presently to assure unto the said P. B. such Joynture as is agreed on to be assured to her witnesseth now further this present Indenture that it is covenanted granted condescended unto and agreed upon by and between all the said Parties to these presents in manner and form following that is to say the said P. B. by and with the consent and good will of the said T. G. Party to these presents testified by being party and putting his Hand and Seal to one or more parts of this Indenture hath granted aliened assigned and set over and by c. unto the said Eliz. B. all such Mannors Messuages Lands Tenements Rents Services and Hereditaments whatsoever situate lying and being in c. or else-where in England whereof or wherein she the said Phil. is or standeth possessed or interessed and all her Estate Right Title Interest Claim and Demand whatsoever in and to the same Mannors Messuages Lands Tenements and Premises and every or any part thereof together with all Leases Deeds and Writings touching the same premises and every part thereof To have and to hold the said Mannors Messuages Lands Tenements and Premises and every part and parcel thereof with the appurtenances to the said Eliz. B. her Executors Administrators and Assigns from henceforth for and during all the respective time and times term and terms as she the said P. B. hath or ought to have thereunto to come and unexpired and also the said Ph. B. by and with the like consent and agreement of the said T. G. party to these presents testified as aforesaid hath granted and delivered and by c. to the said Eliz. B. all her Jewels Moneys Bonds Specialties Debts and other Goods and Chattels whatsoever before hereby mentioned meant or intended to be granted and delivered and every part and parcel thereof with the appurtenances to the said Eliz. B. her Executors Administrators and Assigns to the uses intents or purposes hereafter in these presents mentioned and declared and it is expressed and declared to be the true intent and meaning of all the said parties to these presents that the several Grants herein before made to the said Eliz. B. are so to her made upon trust and confidence in her reposed as well by the said T. G. Party to these presents as the said P. B. that in case the said Marriage take effect and that the said T. G. shall during the Coverture between him and the said Ph. cause to be assured by good and sufficient wayes and means in the Law to the said Ph. for her life and after her death to the Heirs of her body by the said T. party c. to be begotten the Mannors Messuages Lands Tenements and Hereditaments situate lying and being in the Counties of Wilts and Gloucester or either of them of the clear yearly value of 250 pounds of c. over and above all Rents Charges Deductions and Reprizes or that after such Marriage solemnized if the said Ph. shall happen to depart this transitory life before the said T. G. and before such assurance made as aforesaid which shall first happen she the said Eliz. B. her Executors Administrators and Assigns shall and will upon the reasonable request and at the costs and charges in all things of the said T. G. his Executors c. not only grant assign and set over to the said T. G. party c. his Executors c. all the said Mannors Messuages Lands Tenements Hereditaments and Premises before hereby granted or assigned by the said Ph. B. to the said Eliz. B. as aforesaid for all such time and times term and terms respectively as shall be then therein to come and unexpired discharged of all other Grants and Incumbrances made or done by the said Elizabeth except such as she shall make or do by consent of the said T. G. his Executors c. but also grant and re-deliver to the said T. G. his Executors or Assigns all such Moneys Jewels Bonds Specialties Debts and other Goods and Chartels whatsoever as in the mean time shall come to the hands of the said Eliz. her Executors c. by force of these presents and which shall remain or be in her or their hands custody or possession by the true meaning hereof and also that in such case she the said Elizabeth her Executors c. shall from time to time in the mean time after Solemnization of the said Marriage pay and deliver to the said T. G. all such Rents Issues and Profits of the said Mannors Lands Tenements Moneys and Debts as shall come to her or their Hands or Custody and also upon further trust and confidence in the said Elizabeth B. reposed that in case the said Marriage take effect and the said T. G. happen to depart this transitory life before the said P. B. and before he shall have assured or caused to be assured to the said P. B. any Mannors Messuages Lands Tenements or Hereditaments of the value aforesaid and in form aforesaid that then in such case she the said Elizab. B. her Executors c. shall and will not only re-grant re-assign and set over to the said Ph. B. all the said Mannors Messuages Lands Tenements and Premises before hereby granted or assigned by the said Ph. B. as aforesaid for all such time and times term and terms respectively as shall be then therein to come and unexpired discharged of all other Grants and Incumbrances made or done by the said Elizabeth B. her Executors c. except such as she shall make or do by the consent of the said P. H. but also re-grant and re-deliver to the said Phil. her Executors or Assigns all such Moneys Jewels Bonds Specialties Debts and other Goods and Chattels whatsoever as in the mean time shall come to the Hands or Custody of the said Eliz. her Executors or Assigns by force of these presents and which shall remain or be in her or their Hands Custody or Possession by the true meaning of these presents and the said T. G. for himself his Executors c. doth covenant promise grant and agree to and with the said Eliz. B. her Executors c. by these presents that neither he the said T. G. nor his Heirs c. nor any other person or persons claiming
or to claim by or under him or deriving any authority by or under him them or any of them shall at any time hereafter enter into receive take or intermeddle with the said Mannors Messuages Lands Tenements Hereditaments Jewels Moneys Bonds Specialties Debts or other things before hereby mentioned meant or intended to be granted assigned or delivered by the said Phil. B. to the said Eliz. B. as aforesaid or any part or parcel thereof or any Rents Issues or Profits thereof or of any part thereof other than according to the true intent and meaning of these presents provided alwayes and it is declared to be the true intent and meaning of these presents and all the parties to the same that in case the said Marriage shall not be solemnized on or before the c. next ensuing the date hereof that then and from thenceforth these presents and every grant matter and thing herein contained shall cease determine and be utterly frustrate and void to all intents and purposes and that the said P. B. her Executors c. shall from thenceforth have and enjoy again to her and their own use and right all c. any thing c. In witness whereof to one part of this Tripartite Indenture remaining with the said Eliz. B. the said T. G. and P. B. have put their Hands and Seals to one other part remaining with the said P.B. the said T. G. and Eliz. B. have c. to the other part remaining with the said T. G. the said P. B. and E. B. have c. A. and B. his Wife being possessed of a certain Mannor and Lands Covenants with C. D. to levy a Fine thereof to certain uses with a Covenant that himself and his Wife together shall have power to let Leases for Lives or Years THis Indenture c. Between A. and B. his Wife of the one part and C. c. and D. of c. of the other part witnesseth That for the setling of the Inheritance of the Mannors Lands Tenements and Hereditaments hereafter in these presents mentioned to such use and uses and in such manner and form as is hereafter in these presents limited expressed and declared and for the enabling of the said A. and B. his Wife to make and grant Leases and Estates of and in the said Mannor Lands and Premises in such manner and form and according to the power and authority to them hereafter in these presents mentioned reserved and raised and for other good Causes and Considerations them the said A. and B. his Wife thereunto especially moving it is agreed between the said Parties and they the said A. and B. his Wife do covenant grant and agree to and with the said C. and D. and either of them their Executors and Administrators by these presents that they the said A. and B. his Wife shall and will before the end of Michaelmas term next ensuing the date hereof acknowledge and levy to the said C. and D. and to the Heirs of the said C. one Fine sur conuzance de droit c. to be sued out with Proclamations according to the form of the Statute in that case made and provided of all that the Mannor Capital Messuage Farm Baron and Demeasn Lands of c. with all and singular the Rights Members and Appurtenances thereof thereunto or to any of them belonging or reputed or used as thereunto or to any of them belonging and of all other the Messuage Lands Tenements Rents Services and Hereditaments whatsoever wherein T. J. Gent. deceased had any Estate of Inheritance in possession reversion or remainder situare lying and being or to be had or taken in or near the Towns Parishes Fields and Hamlets c. with the appurtenances and of twelve Messuages two Cottages one Water-Mill twelve Gardens three hundred Acres of Land two hundred Acres of Pasture forty Acres of Wood with the appurtenances in c. or by such other fit name or names quantities and qualities of Acres as shall be thought fit which said Fine so or in any other manner to be had and levied shall be deemed adjudged construed and expounded to be to and for the only uses intents and purposes hereafter in these presents limited expressed and declared and to and for none other use intent or purpose whatsoever that is to say to the use and behoof of the said A. for and during the term of his natural life and from and after his death to the use and behoof of the said B. for and during the term of her natural life and from after the decease of the said A and B. his Wife to the use and behoof of the Heirs of the body of the said A. on the body of the said B. begotten and to be begotten and for default of such Heirs to the use and behoof of the right Heirs of the said A. for ever and it is promised covenanted concluded agreed and declared by and between all and every the said parties to these presents that it shall and may be lawful to and for the said A. from time to time and at all or any time or times during his natural life by an Indenture or Indentures to make any Demise or Demises Grant or Grants of the said premises or of any part or parts thereof alone or amongst other things as well in possession for the term of twenty one years or under or for one two or three life or lives or for any term or number of years determinable on one two or three Lives at for and under such Rents Covenants and Conditions as to him the said A. shall seem meet so as she the said B. shall be made a Party to every such Indenture whereby any such Demise or Grant shall be made during the life of the said B. and that the said B. shall seal and deliver every such Indenture and that at all times from and after the making of any such Demise or Demises Grant or Grants the said Fine to be levied as aforesaid and the Conuzes of the same Fine and their Heirs and the Heirs of the Survivor of them shall stand and be seized of and in such part and parts as shall be so demised or granted to the use and behoof of every such Lessee or Lessees Grantee or Grantees to whom any such Demise or Demises Grant or Grants shall be so made and according to the true intent and meaning of every the same several and respective Demise or Demises Grant or Grants so as the same Lessee or Lessees Grantee or Grantees their Executors and Assigns shall pay the Rents and perform their Covenants and Conditions in such Indentures of Demises or Grants to be specified and contained according to the true intent and meaning of the same Indenture In witness c. R. C. being possessed of a Messuage c. in Fee-simple granteth the same to J. P. C. P. and G. C. Habend to them and their Heirs to certain uses viz. the use of himself for life yet
Lord Herbert and Richard Herbert or either of them whereof they the said E. Lord R. and H. or either of them are or do stand seized of any Estate or Inheritance within the Kingdome of Ireland by such name or names quantities qualities contents and numbers of acres of things in such manner and form as by the said E. L. H. and R. H. or either of them shall be reasonably devised or advised and required in and by which Fine or Fines so as aforesaid or in any other sort to be levied and acknowledged the said E. L. H. and R. H. shall acknowledge the said Mannors Lordships Messuages Lands Tenements Hereditaments and all and singular other the premises with their and every of their appurtenances to be comprised in every such Fine to be the right of the said M. L. as those which the said M. L. and G. H. have of the gift of the said E. L. H. and R. H. the which said Fine or Fines so as aforesaid or in any other sort to be levied and acknowledged shall be and enure and shall be deemed adjudged esteemed reputed and taken to be and enure to the use and behoof of the said M. L. L. and G. H. and their Heirs to the intent and purpose that they the said M. L. L. and H. G. may become perfect Tenants of the Free-hold of the said Mannors Messuages Lands Tenements Hereditaments and Premises with their appurtenances whereby one or more perfect common Recovery or Recoveries shall or may thereof be had and suffered in manner and form hereafter following for which intent and purpose it is hereby further covenanted and agreed by and between the said parties to these presents that it shall and may be lawful to and for the said J. E. of B. and E. H. to bring pursue and prosecute against them the said M. L. L. and H. G. one or more Writs of every sur disseism en le post of and for the said Mannors Lordships Messuages Lands Tenements Rents Hereditaments and all and singular other the premises with their and every of their appurtenances by such name or names quantities qualities contents and numbers of acres and things in such sort manner and form as by the said E. L. H. and R. H. or their or either of their Council learned in the Law shall be reasonably devised advised and required the which said writ or writs of Entry sur disseisin en le post so as aforesaid or in any other sort to be had or brought shall be returnable in such Courts and before such Judges or Justices as the said E. L. H. and R. H. or the Survivor of them his or their Council learned in the Law shall advise or think fit before the end of Michaelmas Term next ensuing after the date of these presents and the said M. K. K. and H. G. shall thereunto appear gratis and vouch over to warranty the common Vouchee who shall also appear and after imparlance had shall make default and depart in contempt of the said Court whereby one or more perfect common recovery or recoveries shall or may he had or suffered against them the said M. L. L. and H. G. of and for the said Mannors Lordships Messuages Lands Tenements Hereditaments and Premises with their appurtenances according to the usual course of common recoveries in such cases used and accustomed for assuring of Lands and Tenements the which said common recovery or recoveries so as aforesaid or in any other manner to be had and suffered and all other common Recoveries Fines Feoffments Conveyances and Assurances in the Law whatsoever since the death of the said Lady Mary Herbert wife to the said Edward Lord Herbert had made levyed suffered acknowledged or executed or at any time hereafter to be made levied suffered acknowledged or executed by or between the said Parties to these presents or any of them or whereunto they or any of them shall be parties of or concerning the said Mannors Messuages Lands Tenements Hereditaments or Premises or any of them or any part or parcel of them or any of them shall be and enure and shall be adjudged deemed esteemed reputed and taken to be and enure to the uses behoofs intents and purposes and with upon and under such Provisoes Conditions Powers and Limitations as are hereafter in and by these presents mentioned declared limited and appointed that is to say as for and concerning all and singular the said Messuages Farms Lands Tenements and Hereditaments in Tanterne in the said County of Monmouth c. to the use and behoof of the said Richard Herbert his Heirs and Assigns for ever and as for and concerning all and every other the Mannors Messuages Lands Tenements Meadows Leasowes Pastures Feedings Commons Woods Under-woods Rents Services and Hereditaments whatsoever to them the said Ed. L. H. and R. H. or either of them with their and every of their appurtenances in the said County of Monmouth to the use and behoof of the said Richard Herbert for and during the term of his natural life without impeachment of or for any manner of waste and with full power to do or commit waste and after the decease of him the said R.H. to the use and behoof of the said E.L. H. for and during the term of his natural life and after the decease of the said E. L. H. to the use and behoof of Edward Herbert eldest Son of the said Richard Herbert and of the Heits males of his body lawfully to be begotten and for default of such Issue to the use and behoof of John Herbert second Son of the said Richard and of the Heirs males of his body lawfully to be begotten and for default of such Issue to the use and behoof of Richard Herbert third Son of the said R. H. party to these presents and of the Heirs males of the body of Richard Herbert Son of the said R.H. party to these presents lawfully to be begotten and for default of such Issue to the use and behoof of the fourth Son of the body of the said Richard Herbert party to these presents on the body of the Lady Mary Herbert his wife Daughter of the said Jo. E. of B. begotten or to be begotten and of the Heirs males of the body of such fourth Son lawfully to be begotten and for default of such Issue to the use and behoof of the fifth Son of the body of the said Richard Herbert party to these presents on the body of the said Lady Mary Herbert his wife begotten or to be begotten and of the Heirs males of the body of such fifth Son lawfully to be begotten and so the sixth seventh eighth ninth and tenth and for default of such Issue to the use and behoof of all and every other Son and Sons of the body of the said Richard Herbert party to these presents to be begotten successively one after another as they and every of them shall be in seniority of age and priority of Birth the eldest
by force thereof stand and be seized of the Messuage or Tenement Close Lands Meadows and Premisses To suffer a Recovery untill a good and perfect common recovery with a double Voucher over may be duly had and executed of and for the said Messuage or Tenement Lands Meadowes and Premisses according to the course of common Recoveries for assurance of Lands and Tenements in such cases used And it is hereby fully declared and agreed by and between all the parties to these presents That after the said Fine or Fines so to be levied of the said Messuage Lands and Premisses as aforesaid he the said T. M. shall and will permit and suffer him the said H. H. to bring and pursue against him the said T.M. one or more Writ or Writs of Entry sur Disseisin in le post returnable before his Majesties Justices of his Majesties Court of Common-Pleas at Westminster by which he the said H.H. shall demand against him the said T.M. all and every the said Messuage Lands Meadows and Premisses by the name or names of one Messuage one Garden one Orchard Forty Acres of Land six acres of Meadow six acres of Pasture and Common of Pasture for all Cattel with the appurtenances in W. and R. or one of them in the said County of B. or by whatsoever other name or names quantity or number of Acres as to the said H. H. shall seem meet To which Writ or Writs the said T. T. shall appear gratis and shall enter into the Warranty and shall vouch to warranty the said T.B. party to these presents who also shall appear and enter into the warranty and shall vouch over the Common Vouchee who also shall appear and enter into the warranty for the said Premisses and after make default so that a good and perfect Common Recovery with a double Voucher over may be duly had and executed of and for the said Messuage or Tenement Close Lands Meadows and Premisses according to the course of Common Recoveries in such cases used And it is hereby further declared concluded The declaration of the use expressed and agreed by and between all the Parties to these presents And the true intent and meaning of all the parties to these presents and of these presents is That after the said Recovery suffered and executed of and for the said Premisses or any of them as well the said Recovery as also the said Fine and all Fines and Recoveries suffered and levied or to be suffered levied or acknowledged by or between the said parties to these presents or any of them of and for the premisses or any of them shall be and enure and hereby and by all the parties to these presents are and shall be adjudged deemed and taken to be and enure To the only proper use and behoof of the said T. B. party to these presents and of his heirs and assigns for ever And to none other use intent or purpose whatsoever In witness whereof the parties abovesaid c. A Re-demise of Lands Mortgaged THis Indenture made c. between T. L. of c. on the one part and J. M. of c. and G. M. of c. on the other part Whereas the said J.M. and G. M. by their Indenture of Lease Recital of the Mortgage bearing date c. for the considerations therein expressed did demise grant bargain set and to farm-let unto the said T. L. his Executors and assigns all that the Mannor of L.G. and P. with the appurtenances in the said County of M. and also all Messuages Houses Edifices Buildings Barns Stables Out-houses Yards Backsides Orchards Gardens Lands Tenements Meadows Leasows Pastures Feedings Wayes Wasts Wast-grounds Commons Commodities Moors Marshes Woods Wood-grounds Underwoods Waters Water-courses Ponds Pooles Liberties Fishings Advowson and Patronage of the Church of L.G. and P. aforesaid Rents Reversions Services Escheats Fines Amerciaments Court-Leets Views of Frankpledge and Profits of Courts and all that to Courts and Leets belongeth Chattels Wafes Estrayes Goods and Chattels of Felons and Fugitives Customes Rights Jurisdictions Priviledges Profits Commodities Advantages Emoluments and Hereditaments whatsoever with their appurtenances of whatsoever kind nature or quality soever or by whatsoever name or names they are called or known by scituate lying and being coming renewing arising or growing in L. G. and P. aforesaid H. Y. and Z. or within any of them or elsewhere in the said County of M. to the said M. Messuages Lands Tenements Meadows Feedings Pastures and other the Premisses or to every or any of them in any wise belonging or appertaining or incident or dependant thereunto or as part parcel or member thereof or at any time thentofore known accepted taken used demised or reputed as part parcel or member thereof or of any part thereof with their and every of their Rights Members and Appurtenances To haâ—â— and to hold the said Mannors Messuages Lands Tenements Meadows Pastures Advowsons and all other the Premisses with their and every of their Rights and Appurtenances unto the said T. L. his Executors and Assigns for the term of 99 years next ensuing the date of the said recited Indenture of Lease fully to be compleat and ended by and under the yearly rent of a Pepper-corn at the Annunciation of our Lady St. Mary the Virgin if it were lawfully demanded as by the said Indenture of Lease amongst other things therein contained it doth and may appear Now this Indenture witnesseth The re-demise That the said T. L. for divers good causes and considerations him moving hath demised set and to Farm-letten and by these presents doth demise set and to Farm-let unto the said J.M. and G. M their Executors and Assigns the said Manors Messuages Lands Tenements Meadows Pastures Advowsons and all other the Premisses with their and every of their Appurtenances in the said recited Indenture of Lease mentioned To have and to hold the said Mannor The Habendum and all other the Premisses with their and every of their appurtenances unto the said J. M. and G. M. their Executors and Assigns for the Term of 98 years and 10 moneths next ensuing the date thereof Yielding and paying therefore yearly during the said term unto the said T. L. his Executors and Assigns one Pepper-corn at the Feast of Proviso to pay money c. if it be demanded Provided alwayes and upon Condition That if the said J. M. and G. M. their Heirs Executors Administrators and Assigns or some of them shall not well and truly pay or cause to be paid unto the said T. L. his Executors or Assigns the summe of xx pounds of currant money of England on and upon the Twenty fifth day of M. next ensuing the date hereof and also the sum of 500 pounds of currant money of England on and upon the twenty fifth day of M. which shall be in the year of our Lord God 1632. that then from and after default of payment of the said several Sums or either of
the said J. B. and the said J. L. at the time of executing the said Conveyance as in part of the bargain for the said Messuage and Lands that the said I. B. shall make a Lease of the said Messuages and Lands unto the said I. L. E. his wife and the said I. his son for their lives successively at the yearly Rent of 4. pounds per annum The Consideration Now this Indenture witnesseth That the said I. B. being about the age of 28. years as well in performance of the said agreement on his part made aforesaid and of the yearly Rent hereby reserved and for other good causes and considerations him moving Hath demised The Demise set and to farm-letten and by these presents doth Demise set and to farm-let unto the said J. L. E. his wise and the said I. all that the foresaid Messuage or Tenement with the appurtenances wherein the said I. L. doth now inhabit and dwell scituate and being in L. M. aforesaid and all those the Lands hereafter particularly mentioned viz. one half acre of Land c. mentioning the particulars c. Together with all Houses Edifices Buildings Barnes Stables Yards Back-sideâ— Orchards Gardens Commons Commodities Wayes Easements Emoluments Hereditaments and Appurtenances whatsoever to the said Messuage or Tenement and Premisses or any of them belonging or in any wise appertaining and now used therewith except all Woods Timber and Trees growing or to be growing on the premisses And also except all those four Cottages or Tenements heretofore built on part of the Orchard belonging to the said Messuage or Tenement hereby demised now being in the several tenures or occupations of R. E. T F. W. R. and L. D. their Assignee or Assignees To have and to hold the said Messuage or Tenement The Habendum and all other the premisses with their appurtenances except before excepted unto the said I. L. E. his wife and I. L. for and during the term of their natural lives and the life of the longer liver of them The Reddendum successively one after another as they are herein named Yielding and paying therefore yearly and every year during the said term hereby demised unto the said I. B. his heirs and assigns the yearly Rent or Sum of 4. pounds of currant money of England at two Feasts or Terms in the year most usual viz. the Feast of c. to be paid at c. the first payment thereof at the Feast of the Annuntiation of c. next ensuing The Distresse And if it happen the said yearly Rent or any part thereof to be behind and unpaid by the space of eight dayes next after any or either of the said Feasts or dayes of payment whereon the same ought to be paid as aforesaid That then it shall and may be lawful to and for the said I. B. his heirs and assigns and every of them to enter into and upon the said Messuage and Premisses and every or any of them and to distrain for the same and the distress and distresses there had and taken to lead drive take and carry away and the same with him and them to detain and keep untill the said yearly Rent and the arrerages thereof if any happen to be unto the said I. B. his heirs and assigns shall be contented and paid And the said I. L. E. his wife Covenant to repair and the said I. L. for themselves joyntly and severally and for every and either of them their every and either of their several and respective Executors Administrators and Assigns and every of them do and doth covenant and grant to c. That they the said I. L. E. his wife and I. L. their several Executors Administrators and Assigns and every of them at their own proper costs and charges in and by all things shall and will well and sufficiently repair maintain uphold keep cleanse and scour all and every the Houses Buildings and Edifices hereby demised and now built upon the premisses and belonging to the same and which at any time hereafter during the term hereby demised shall be erected and built upon the demised premisses or any part thereof and the hedges ditches fences pales and mounds upon and about the demised premisses and every of them well and sufficiently shall make keep cleanse and scoure and the said Messuage or Tenement Houses and Buildings which are or at any time hereafter during the term hereby demised shall be erected or built in or upon the same or any part thereof being so well and sufficiently repaired maintained upholden kept cleansed and scoured in the end or other determination of the said term hereby demised shall and will leave and yield up unto the said I. B. To view the defaults of reparations his heirs and assigns And also that they the said I. L. and E. his wife and the said I. L. and every of them and their and every of their assigns shall and will permit and suffer him the said I.B. his heirs and assigns together with three or four or fewer Workmen or other persons at their or any of their wills and pleasures being at convenient times twice every year quietly to enter in or upon the said Messuage or Tenement and all other the Demised premisses to view and search whether the same be well and sufficiently repaired or not And of all and every the Default and Defaults for want of Reparations then and there found To repair upon notice to give or leave notice in Writing at the said Messuage or Tenement unto or for the said I. L. and E. his wife and the said I. L. to repair and amend the same from time to time during the terms hereby demised alwayes within the space of six months next after every such notice in Writing so given or left as aforesaid Not to demise without license And also that neither they the said I. L. E. his wise nor the said I. L. nor any nor either of them shall not at any time or times hereafter grant bargain sell assign or set over demise let or depart with the said Messuage and Premisses or any part or parcell thereof or his her or their or any of their right title interest or estate in or to the Premisses or any of them without the speciall license and consent of the said I.B. his heirs and assigns under his or their hand in Writing therefore first had and obtained Proviso upon non-payment or nonreparation to re-enter Provided alwayes and it is Conditioned by and between the Parties to these presents That if it shall happen the said yearly Rent or any part thereof to be behind and unpaid by the space of twenty eight dayes next after any or either of the Feasts or dayes of payment before mentioned or set down for payment thereof contrary to the form aforesaid the same being lawfully demanded or if all and every the said Default and Defaults for want of Reparations
limit ordain or appoint And from and after the end expiration surrender or other determination of the said term or terms of _____ years as they shall severally end and determine then to the use and behoof of such person and persons and for such estate and estates and for such part and parcel as the said T. Lord W. shall by his last Will in writing in presence of two credible witnesses or more appoint limit or declare Provided alwayes and the true intent and meaning of the said T. Lord W. and of all the parties to the said Recovery and Fine and of the parties to these presents and every of them before and at the several and respective times of the suffering of the said Recovery and the acknowledging and levying of the said Fine was and yet is and is hereby so expressed published and declared that notwithstanding any thing herein before contained it shall and may be lawful to and for the said T. Lord W. from time to time Power to make Leases and at all times for and during his natural life at his will and pleasure either by act or acts in writing under his hand and seal to be sealed and signed before two or more witnesses of credit and executed in his life-time or by his last Will and Testament in writing by him to be sealed subscribed and published before two or more such witnesses to give grant or make any lease or leases for life lives or years of all or any of the said Mannors Lands Tenements Hereditaments and Premisses or any of them other than during the life of the said Lady K. of the said chief Mansion-house called H. house and so much of the Demesnes Lands Tenements and premisses next adjoyning to the said Chief Mansion-house as shall amount to the clear yearly value of one hundred fifty pounds over and above all charges and Reprizes Or to charge the premisses to secure moneys to be hereafter borrowed Upon which lease or leases the accustomed or greatest yearly Rent or value heretofore paid for the said premisses or more shall be reserved or to charge the same premisses or any parcel thereof except before excepted and for the time aforesaid with any Rent or Rents Annuity or Annuities Recognizance or Recognizances in the nature of the Statute-Staple or Merchant or by or with any other Recognizance or Recognizances Judgment or Judgements of what nature soever for the assurance of payment of any Sum or Sums of money which he the said T. Lord W. either hath taken up or borrowed or shall hereafter receive take borrow or contract for of or with any person or persons for or to his use or otherwise or for the securing of any person or persons who now is or are or stand or that at any time hereafter shall stand or become bound for him the said T. Lord W. or otherwise at his free-will and pleasure and that the said Recovery Fine and Fines and other Acts and Assurances shall be and enure and the said Recoverors and parties to the foresaid Recovery and the Cognizees and parties to the said Fine and the parties takers thereby and their heirs and all and every other person or persons who now are or stand or hereafter shall be or stand seized of the said Mannors Lands Tenements Hereditaments and premisses by force or under the said Recovery and Fine or either of them and his anâ— hâ—r heirs shall stand and be seized of all or so much of the said Mannors Lands Tenements Hereditaments and premisses and every parcel thereof with the Appurtenances which is or shall be so given granted leased charged or disposed of from and after such gift grant lease charge disposition or other Act or Acts to such uses intents and purposes and to the use of such person and persons to whom such gift grant lease charge disposition or other Act or Acts hath been or shall be made as aforesaid and to the use intent and purpose that the party and parties to whom any Rent or Rents Annuity or Annuities Recognizance or Recognizances Statutes Judgements or other charges already granted or hereafter to be granted made or charged of upon or out of the said Mannors Lands Tenements Hereditaments and premisses or any parcel thereof by the said T. Lord W. shall and may duly have levy perceive take and enjoy the fruit benefit and effect of the same lease and leases Rent and Rents and other charge and charges according to the purport intent and true meaning of the said grant and grants lease and leases Recognizance and Recognizances Judgment and Judgments charge and charges and every or any of them any thing in these presents before contained to the contrary thereof notwithstanding Provided and it is further hereby Covenanted To make void the said uses granted condescended agreed published and declared by and between all and every of the foresaid parties That the true intent and meaning as well of the foresaid Recovery as of the said Fine and of all and every of the respective parties to the same and to these presents alwayes was and is that it should and might and shall and may be lawful to and for the said T. Lord W. from time to time at any time or times during his life by his writing or writings by him to be signed or sealed in the presence of three witnesses of Credit or more or to be inrolled in any of the Courts of Record of our Soveraign Lord the Kings Majesty his Heirs or Successors to signifie or declare that his Will and Pleasure is That all or any of the use or uses estate or estates in Possession Reversion or Remainder limited appointed raised created or implyed in or by these presents shall cease determine be void or revoked of for touching or concerning all or any of the said Mannors Messuages Lands Tenements Hereditaments and premisses or any of them or concerning any part or parcel of them or any of them And that then and from thenceforth all and every of the said use and uses estate and estates in possession Reversion or Remainder so signified and declared to cease determine be void or revoked shall then and from thenceforth cease determine and be utterly void and revoked according to the true intent and meaning of the said T. Lord W. so as aforesaid to be signified and declared other than such lease or leases estate or estates or charges which he the said Lord W. hath or shall make â—ay or charge of or upon any of the premisses for satisfying debts or for valuable Consideration in money or otherwise by force of the foresaid Proviso in these presents before expressed And also that then and from thenceforth at all time and times after such signification or significations declaration or declarations so to be made it shall and may be lawful to and for the said T. Lord W. at any time or times during his life To create nâ—w uses so oft as he shall think
C. L. S. and the said D. L. witnesseth now this present Indenture The Consideration That the said C. Lord S. as well for and in consideration of the said Marriage and of the full Summe of 8000 pound that is to say the Summe of 7000 pound of good and lawfull money of England in hand paid and the Summe of 1000. pound more in Jewels in hand delivered unto him the said L. S. by the said E. Lord G. and Dame I. his wife at and before the ensealing and delivery of these presents whereof the Sum of 2000. Marks in moneys and the said 1000. pounds in Jewels were and was a portion given and left unto her the said D. by the last Will and Testament of Sir I. L. her Father deceased and the residue of the said 8000 pound was and hath been encreased for her by the providence care and great love of the said Dame I. G. her Mother since her said Fathers decease of and with which said Sums of 7000 pound in Money and 1000 pound in Jewels he the said C. Lord S. doth hereby acknowledge the Receipt and himself to be fully satisfied And thereof and of every part and parcel thereof doth for himself his Heirs Executors and Administrators and for every of them fully absolutely and clearly acquit exonerate and discharge the said E. Lord G. and Dame I. his Wife their Heirs Executors and Administrators and every of them for ever by these presents And for and in consideration of a competent Joynture to be had and made unto the said D. in case the said Marriage shall take effect and that she the said D. shall survive and over-live him the said Lord S. and for the better preservation and continuance of all and every the Mannors Lordships Messuages Lands Tenements and Hereditaments hereafter mentioned in the name and blood of the said Lord S. so long as shall please Almighty God also for divers and sundry other good and valuable Considerations him the said Lord S. hereunto especially moving Hath Covenanted promised granted and agreed and by these presents doth for himself his Heirs Executors Administrators and Assigns and for every of them covenant promise grant and agree to and with the said E. Lord G. and I. S. their heirs and assigns A Covenant to levy a Fine and to and with every of them That he the said C. Lord S. shall and will before the end of Michaelmas Term next ensuing the date of these presents before the Justices of our Soveraign L. the King of his Majesties Court of Common-Pleas at Westminster or before some other competent and fit person and persons thereunto lawfully and sufficiently authorized acknowledge and levy one or more Fine or Fines Sur Conusance de droit come ceo c. in due form of Law with Proclamations thereupon to be made according to the Common course of Fines in that case used and the Statute in that behalf made and provided unto them the said W.N. and A.T. and their heirs or the heirs of one of them The Mannors of all those his Mannors Lordships Lands Tenements and Hereditaments called or known by the several names of S. c. scituate lying and being in the County of Es with their and every of their Rights Revenues Members and Appurtenances whatsoever and of all that the Rectory and Church of H. with the Appurtenances thereof whatsoever General Words and of all and singular Messuages Houses Edifices Barns Stables Dove-houses Back-sides Orchards Gardens Lands Tenements Meadows Feedings Pastures Commons Wayes Passages Wast-grounds Heaths Furze Moors Marshes Woods Under-woods Rents Reversions Services Tithes as well great as small and of all other Hereditaments whatsoever scituate lying and being growing arising renewing and increasing within any the Towns Parishes Hamlers Tithings or Fields of S. c. in the said County of E. and in every or any of them or elsewhere to the said Mannors Rectory or other the Premisses or any of them belonging or in any wise appertaining or therewith used and enjoyed by such name and names and under such number of Mannors Messuages Cottages and Acres and in such sort manner and form as by the said E. Lord G. and J. S. their heirs or assigns or by their or any of their Councel learned in the Law shall be reasonably advised devised or required The true intent and meaning of which said Fine and Fines so to be acknowledged and levied of the said premisses between the said parties as aforesaid shall be and so shall be construed meant intended and adjudged to be to and for the use and behoof of the said W. N. and A. T. their heirs and assigns for ever To the only intent and purpose that they the said W. N. and A. T. shall and may stand and be full and perfect Tenements of the Freehold of the said Mannors Lordships and all and singular the premisses and of every part and parcel thereof with the appurtenances untill one or more perfect Common Recovery or Common Recoveries To suffer a Recovery may be had and executed of all and singular the same premisses against them the said W.N. and A.T. and their heirs according to the true intent and meaning of the said Parties to these presents And that they the said W. N. and A. T. from and after the acknowledging and levying of the said Fine or Fines by the said C. Lord S. to them the said W. N. and A. T. in manner and Form as aforesaid shall and will before the end of the said Michaelmas Term next ensuing the date of these presents permit and suffer the said E. Lord G. and I. S. to sue and presecute several Writs of Entry Sur disseisin en le post against them the said W. N. and A. T. of the said Mannors Lordships Lands Tenements Hereditaments and Premisses and of every part and parcel thereof with the Appurtenances by such name and names and under such number of Mannors Messuages Cottages and Acres and in such sort manner and form as by the said E. Lord G. and I.S. and their heirs or by their or any of their Councel learned in the Law shall be advised devised or required into and upon every of which said several Writs of Entry Sur disseisin en le post so to be brought the said W. N. and A.T. shall personally appearâ—â— And then immediately after their appearance defence made shall and will in the said actions vouch to Warranty the said C. Lord S. and he the said Lord S. upon such Vouchee of him to be made shall and will in the said actions so to be brought forthwith Gratis and without Process appear thereunto and enter into Warranty and vouch over to Warranty the Common Vouchee to the end that the Common Vouchee may also appear and enter into Warranty and afterwards make default or depart in despite of the Court so that several perfect Common Recoveries with double vouchers may be had prosecuted and executed in
this That a Deed to lead the use of a fine may be either by an Instrument Poll or Indented and the Indented may be either single of two parts of three parts called Tripartite or four parts called Quadripartite or of more parts as the case is thus This Indenture c. between A. of the one part and B. of the second part Or Tripartite as This Indenture c. between A. of the first part B. of the second and D. of the third part Or Quadripartite between A. of the first part C. of the second part E. of the third part and G. of the fourth part and so to name all the persons except the common Vouchee that bear any part in the Deed Fine or Recovery And so in all other matters as the case is the Indentures are to be drawn up In the last place I will cite Six or Seven Cases in this Point and so go on to the next head 1. In 31 H. 8. Nota That a Fine being enrolled in London doth bind as a Fine at Common Law but not as a fine with Proclamations and there needs no Livery of Seisin upon the Deed and this is a Discontinuance without Livery for that by the custome there this bindeth as a fine and the Customes are confirmed by divers Acts of Parliament Litt. Broo. Case 155. 2. In Pasche 2 Jac. B. R. in the Case of the Countess of Rutland against the Earl of Rutland It was held upon Evidence to a Jury and to them delivered by the Court for Law That if there be an Indenture for levying of a Fine to such persons before such a time to such uses and the fine be levied to the same persons within the same time it shall be to the same uses And no Averment can be to the contrary unless it be by other matter in writing But if a fine be levied to other persons or at another time it may be well averred by Paroll to be to other uses For in the first case the Indenture is directory to the fine and in the other case it is but Evidence Cro. 2.29 3. If a Woman who is an inheritrix covenants by Indenture without the knowledg or consent of the husband to levy a Fine to certain Conusees and Uses in the Indenture mentioned and afterwards the Husband covenants by another Indenture without the knowledg and consent of his wife to levy a fine to other Conusees and Uses in that Indenture mentioned and afterwards the husband and wife joyn in a fine to the Conusees in the Indenture of the wife mentioned In this case the Limitations and Declarations of both the Uses in both the Indentures are void and the Fine shall be by construction of Law to the use of the woman and her heirs as if no use had been declared for the wife alone though she be Owner of the Land yet being sub Potestate Viri cannot limit the use on the one side And the husband who hath not any thing in his own right cannot without the good liking of the wise limit the use of the Wives Land So the one is not sui Juris and hath an Estate The other is sui Juris and hath not the Estate and therefore when they differ in the limitation of the Uses all which they do must be void 4. Tenant for life by Fine granted totum statum to A. and his heirs the Grantee dyes the heir being impleaded in a Praecipe prayed ayd and could not have it because it is but an Occupance Co. 10.95 Dyer 321. 5. In the Case of Iseham and Morris Pasch 4 Car. 1. It was Resolved among other things That where one is Lessee for years and assigns over his Lease in trust for himself and afterwards purchases the Inheritance and occupies the Land and then levies a a Fine with Proclamations and the Lessee doth not claim the Lease within the five years this Fine and Non-claim shall barre the interest of the Lessee though he who levied the Fine hath the possession by reason of the Trust But this Trust is included in the fine and the Trustee not making claim his Interest is barred thereby Cro. 1.78 6. Nota. It was agreed by all the Justices and by the Prothonotaries That if the Disseisor levy a Fine and the Disseisee in the preservation of his right against the said fine enter his Claim in the Record of the foot of the fine that the same is not any such claim as shall avoid the Stat. of 4 H. 7. See for this the Lord Zouches Case in Plowd Com. Mich. 29 Eliz. in C. B. 7. In Hill 45 Eliz. B. R. Fitz-Williams Case in Ejectione Firmâ— it was found That Fitzwilliams did suffer a Recovery to the use of himself and his wife with a Remainder to John Fitz-Williams and with a Proviso in these words Provided That it shall be lawful for him and his wife by their Joynt Deed sealed before three Credible witnesses to alter change revoke determine and make void any use or uses Estate or Estates limited in the said Deed and to limit new uses and that from thenceforth the Recovery shall be to the new uses And it was found moreover that Fitz Williams made a Deed and by it declared That it was their intent to alter change determine revoke or avoid all the former uses to J. F. and thereupon without more words limit new Uses In this Case it was doubted If the old Uses were well revoked and the new uses in being And after many Arguments it was adjudged a good Revocation of the old Uses and a good limitation of new uses Moors Rep. 683. And it seems the like Law is of the Uses of a Fine 8. A Fine was levied to A. to the use of A. for life the Remainder to E. in tail the Remainder in fee to B Provided That if B. pay 100 l. that he shall have Tail in fee expectant In this case upon the payment the use shall arise accordingly Dyer 314. 9. If there be Tenant for life the Remainder in see to an Infant and they both levy a Fine and after the fine is reversed as to the Infant yet the Conusee shall have the Land for the life of the Tenant for life because that each of them gave that which he might lawfully give Englishes Case Co. 1. Part 76. in Bredons Case I will in the last place give you the Statutes concerning Fines The first of which is 27 H. 1. Stat. 1. cap. 1. De finibus levatis Exception against a Fine that the Plaintiffs or Defendants or their Ancestors were alwayes seised of the Lands contained in the fine shall not from henceforth be admitted in the Parties to the fine or their heirs The Fines shall two dayes in the Week be publikely and solemnly read and all Pleas cease in the mean time 34 Ed. 3. cap. 18. The Plea of Non-claym of Fines from henceforth to be levied shall not be any barre Marlb 1. cap. 7. All Fines
the husband in tail Remainder to another in Fee and the husband doth suffer a Common Recovery In this case it was held That this was no barre to the Issue in tail for any part for there are no moieties between them And there where the husband alone suffers the Recovery there is no lawful Tenant to the Praecipe and so the Recovery is no barr Co. 3.5 Marquess of Winchester's Case 8. In 25 H. 8. it was held That if my Tenant for life vouch a stranger who doth enter into the Warranty and cannot barre the Demandant and the Demandant doth recover and the Tenant over in value That the Land recovered in Value shall not go to me in Reversion after the death of Tenant for life nor shall the Reversion of the Land recovered in Value be in me in the life of the Tenant for life Broo. Cases Sect. 70. 9. In 30 H. 8. it was held That where there was Tenant for life a remainder in taile or for life and the Tenant for life is impleaded and doth vouch him in remainder who doth vouch one that hath a title of Formedon so the Recovery pass by Voucher then the issue of him that hath a title of Formedon may bring his Formedon and recover against the Tenant for life for the recompence shall not go to the Tenant for life and therefore he may recover for his Ancestor war ranted the remainder only and not the Estate of the Tenant for life and therefore the Tenant for life may not bind him by the Recovery for he did not warrant to him and therefore in this case the sure way is to make the Tenant for life to pray in ayd of him in remainder and they to joyn and vouch him that hath the title of Formedon and so to pass the Recovery for the recompence shall go to them both Broo. Case 143. In the last place we come to the Statutes concerning this Point an abstract whereof followes Stat. 7 H. 8. chap. 4. That Recoverors of Lands Tenements and Advowsons their Heirs and Assigns may distrain for Rents Services and Customs due and unpaid and make avowry and justifie the same and have like remedy for recovering them as the Recoverors might have done or had albeit the Recoverors were never seised thereof and shall have also a Quare Impedit for an Advowson if upon avoidance any disturbance be made by a stranger as the Recoverors might have had albeit the Recoverors were never seised thereof by Presentation And here Avery Avowant or Bayliff in any Replegiari or Second Deliverance if their Avowry Conusance or Justification be found for them or the Plaintiff be otherwise barred shall recover his damages and costs Stat. 21 H. 8. chap. 15. That a Termor for years may falsifie a feigned Recovery had against him in the Reversion and shall retain and enjoy his term against the Recoveror his heirs and assigns according to his Lease Also that the Recoveror shall have like remedy against the Termor his Executors or Assigns by Avowry or Action of Debt for the Rents and Services reserved upon such Lease and due after such Recovery and also like Action for wast done after such Recovery as the Lessor might have had if such Recovery had never been and no Stature-Merchant Staple or Execution by Elegit shall be avoided by such feigned Recovery but such Tenant shall also have like remedy to falsifie such Recoveries as is here Provided for the Lessee for years Stat. 34 35 H. 8. chap. 20. That no feigned Recovery hereafter to be had by assent of parties against any Tenant or Tenants in tayl of any Lands Tenements or Hereditaments whereof the reversion or remainder at the time of such Recovery had shall be in the King shall bind or conclude the Heires in tayle whether any condition or Voucher be had in any such fained recovery or not but that after the death of every such Tenant in tayle against whom such recovery shall be bad the Heirs in tayle may enter hold and enjoy the Lands Tenements and Hereditaments so recovered according to the forme of the gift in tayle the said recovery notwithstanding And here the Heirs of every such Tenant in tayle against whom any such recovery shall be had shall take no advantage for any recompence in value against the Voucher or his Heirs But this Act shall not extend to prejudice the Lessee or Lessces of any such Tenant in tayle made in writing indented of any Mannors Lands c. for 21 years or 3 lives or under whereupon the accustomed Rent or Rents is or shall be yearly reserved during the same Term or Terms but the same Lessee or Lessees shall enjoy his or their Terme or Termes according to the Stat. of 32 H. 8. chap. 28. This Act nowtithstanding Stat. 14 Eliz. chap. 4. That all Recoveries had or prosecuted by agreement of the Parties or by Covin against Tenants by the courtesy Tenants in tayle after possibility of issue extinct Tenant for Life or Lives or of estates determinable upon Life or Lives or of any Lands Tenements or Hereditaments whereof such particular Tenant is so seised or against any other with Voucher over of any such particular Tenant or of any having right or title to any such particular Estate shall from henceforth as against the revertioners of them in Remainder and against their Heirs and Successors be clearly voide But this Act is not to prejudice any persons that shall by good title recover any Lands c. without fraud by reason of any former right or title Also every such Recovery had by the assent and agreement of the person in revertion or remainder appearing of record in any of the Queens Courts shall be good against the party so assenting But this assent must appear upon the same record either upon a Voucher ayd prier receit or the like and not by any extrajudicial entry or memorandum Co. upon Lit. 362. Stat. 14 Eliz. chap. 8. Every fraudulent Recovery against any Tenant for Life or whereupon any Tenant for life or be that hath right to Estate for life is vouched shall be void against him in the revertion or in the remainder unless it be by his own assent appearing by record Recoveries in a writ of right bind all strangers not clayming within the years as being suffered by a Disseisor it bindeth the Disseisor by his own Non-claym 5 E. 3.50 Tenant for Life suffering a wrongful Recovery it shall prejudice his right that hath the inheritance though he prayed in ayde and make default 34 H. 6.2 For no ayde prayer is there necessary in as much as the other being Tenant of the Freehold a Recovery is good against him 4 H. 7.3 But that after the death of Tenant for Life he may falsifie it by action of ad terminum qui praeteriit or writ of Right which we call falsifying of Recoveries 24 H. 8. Br. fan rec 41. But he cannot enter neither can Lessee for years
at the common Law falfifie 26 H. 8.2 for having but a Chattel derived out of a freehold there is no reason he should falfifie a Recovery which draweth the Fees simple out of the Lessor Also the present Estate upon which the Lease depends being destroyed the Lease must needs be extinct Of Bargaine and Sale by Deed. A Bargain and Sale is a real contract upon valuable considerations for the passing of Lands Tenements or Hereditaments by Deed indented and inrolled within six moneths after the date of it without Livery of seisin or Atturnment of Tenants so as be by Deed indented sealed and inrolled either in the County where the Land lyes or within one of the Kings Courts of Record at Westm within six moneths after the date as we said before Plowd 307. Co. 2 part Inst 672. Concerning which I will give only a few Generals 1. That if one for money grant a Rent without any word of Bargaine and Sale and the Deed be inrolled the Rent will pass without atturnment Cro. 3. part 166. 2. That Lands in London bargained and sold by Tenant in tayle and the Deed delivered after the same year he made Livery to him the Lands pass by the bargain and Sale Yelverton 123 124. 3. That as the very words Bargaine and Sale are not needful to make some Land pass by way of Bargain and Sale where there is an inrolment So inrolment is not necessary in all cases As where a reversion is granted for years only there neither inrolment not atturnment are necessary Cook 8.93 Foxes Case 4. That the makers of the Act 27 H. 8. chap. 10. did not expect that any Land after that Act should pass by way of Limitation of use save only uses upon Bargain and Sale which they did in the same Parliament allow after inrolment And they did presume that little Land would pass that way for that the Bargaine being in the Post might not vouch by force of any warranty annexed to the Estate of the Land Co. 1.120 in Chudleighs Case 5. That to make a good Estate for years by way of Bargain and Sale for Land to pass this may be without inrolment of the Deed But to make a good Estate of the Freehold or Inheritance of Land by way of Bargain and Sale it must have the Requisites of a Deed. viz. 6. It must be by Writing and not by Print or Stamp in Parchment not in Paper nor upon Lead Wood or the like Co. 5.20 2 part Inst 672. 7. That by the Common Law Land might have passed by word for the use only past but now it must be by Deed save only in some Cities Villages and ancient Burroughs where it passeth by Custome Dyer 229. 8. That if a Father in consideration of 10 l. paid to him by his Son doth covenant to stand seised to his use no use will arise without Inrollment Coo. 7.40 9. That the Inrollment upon such a Deed so as to make the Estate to pass must be in Parchment Co. 2. Part Inst 673. 10. The inrolled Deed must be indented for if it be by Deed-Poll the Estate will not pass Dyer 229. The Six moneths given for Inrollment are to be accounted 1. From the date and not from the time of the delivery of the Deed and from the date and from the day of the date is all one 2. After the account of 28 dayes to the moneth and no more 3. The day of the date to be taken exclusive Moors Rep. 40. Case 128. and yet if it be inrolled the same day it bears date it is good If it chance which is very seldome that it have no date then the day of the delivery shall be taken for the date and the six moneths to be cast from thence Mich. 37 38 Eliz. Franklin and Garter's Gase Co. 2. part Inst 674. And if the Deed be not thus inrolled it is of no force at all Co. 5.1 Dyer 218. Co. 11.48 Moors Rep. 41. Case 148. This kind of assurance by Bargain and Sale thus perfected by Inrollment will as effectually transfer the Land as any other Conveyance and therefore the Bargainee of a Reversion albeit he may not have benefit of a Condition upon demands of Rent without giving notice of the bargain and sale to the Lessee and albeit that A. the Conusee by a Fine of a Reversion before Attornment of the Tenant bargain and sell the Reversion to B and that in this case B. cannot distrain for his Rent until he can get Attornment of the Tenant yet the Bargainee shall have benefit of a Condition of an Assignee within 32. H. 8. And it seems he may vouch by force of a warranty annexed to the estate of the Land for he is in partly in the Per and partly in the Post Co. 8.94 3.62 5.113 I will Illustrate this Point only with three or four Cases and then give you Presidents Case 1. Winchcombe having Issue two Sons conveyed a Mannor unto his eldest son and to the daughter of Dunce for life for the Joynture of the wife the Remainder to the son in Fee the son having no Issue his Father in Law Dunce procured him by Deed indented to Bargain and sell to him the Mannor the Bargainor being sick who dyed before Inrollment of the Deed within the six moneths the Deed not being acknowledged and afterwards the Deed coming to be inrolled the Clerk who inrolled it procured a Warrant from the Master of the Rolls who writ upon the Deed Let the Deed be inrolled upon Affidavit made of the delivery of the Deed by one of the witnesses to the same and afterwards 〈…〉 was inrolled within the six moneths And the Opinion of the Court was That the Conveyance was a good Conveyance in Law And therefore the younger Brother exhibited his Bill in Chancery pretending the Conveyance to be made by practice without any consideration Winchcombe and Dunce Hill 13 Jac. in Canc ' Godb. Case 376. 2. Popham's Case 5 Eliz. If a man bargain and sell to one and after to another the first Deed is inrolled and after the second and that the last day of the six moneths accounting the day of the date for none yet it was held by the Court That the first Bargainee should have it sic vide from the Date which are the words of the Statute are of the same sense as from the day of the date and that twenty eight dayes make a moneth Dyer 218. Moores Rep. 40. Case 128. 3. Chibbornes Case Lands in London may be bargained and sold by words without Indenture or Inrollment Dyer 228. 4. In Trin. 41 Eliz. Fisher against Smith it was held by the Court. That a bargain and sale of Lands by Deed indented and inrolled for divers good considerations is not good to pass the Land without proof of money paid which must be averred But if the Deed say for a competent sum of money neither party may urge there was none paid albeit it be uncertain Moor. Rep.
not extend to Lands sold bona fide after the Judgment given when the money raised thereupon is paid or secured to be paid to Creditors in discharge of due debts But to return to Execution wherein we are to consider That the Writs whereby this Execution is made are some of them against the person some of them against the goods some of them against the Lands and some of them against the Body Lands and Goods together Co. 6.87 8.141 For the doing of Execution in a Suit for debt or damages the Writs are the Levari facias the Fieri facias and the Capias ad Satisfaciendum and sometimes the Exigent the Capias Utlagatum and the Capias pro fine The Levari facias is a Judicial Writ directed to the Sheriff for the levying of a summe of money upon the Lands and Tenements of him against whom the Judgment is Reg. Orig. fol. 298. The Fieri facias is a Judicial Writ lying for him that hath recovered in an Action on Debt or Damage directed to the Sheriff commanding him to levy the same of the Defendants goods Old Nat. Bre. 152. The Capias ad Satisfaciendum is a Judicial Writ grounded upon a Statute lying where a man hath recovered in an Action personal any debt or damages in the Kings Court directed to the Sheriff to command him to take the body of him against whom the debt is recovered and to put him in prison till Satisfaction be made to him that recovered And all these three last named Writs are to be sued out within a year and day after the Judgment obtained and not after without Scire facias And if they be sued out within the year they may be continued after the year till Execution Co. on Litt. 290. The Exigent is a Writ that lyeth where the Defendant in an Action personal cannot be found nor any thing within the County to be attached or distrained and is directed to the Sheriff to proclaim and call him five County days one after another charging him to appear under pain of Outlawry And if he be Outlawed then all his Goods and Chattels are forfeited And this mostly goeth forth before Judgment and in some cases after Judgment If it be before Judgment there must go before it three Writs of Capias ad Respondendum with a Non est inventus upon each of them returned But if it be after Judgment as it may on a Capias ad Computandum or Capias ad Satisfaciendum there it may issue out after the first Capias Termes del Ley. The Capias Utlagatum is a Writ of Execution or after Judgment which lyeth against him that is Outlawed upon any Suit directed to the Sheriff commanding him upon receit thereof to apprehend the party Outlawed for his contempt in not appearing upon the Exigent and to keep him in safe custody until c. and to bring him into the Court at the day of the return of the Writ where he is to remain without bail or mainprise Co. 12.103 There is also a special Writ in this case called a Capias Utlagatum inquiras de bonis et Catallis which is a Writ in a manner the same with the former but that it gives a farther power to the Sheriff over and besides the apprehension of his body to inquire of and seize upon his Goods and Chattels to the Kings use Old N. B. 154. The Capias pro fine is where a Judgment is given in a Case for a Plaintiff and it is in such a case where the Defendant is also to pay a Fine to the King the which being not paid to command the Sheriff to take and imprison him till he pay his Fine to the King Co. 3.1 2 3. The Extendi facias is that which is called the Writ of Extent whereby the value of Lands c. is commanded to be made and levied For to extend doth signifie in Law to value the Lands or Tenements of one bound by Statute c. who hath forfeited his Bond to such an indifferent rate as by the yearly Rent the Obligor may in time be paid his debt F.N.B. 131. And Extent doth sometimes signifie a Writ to the Sheriff for the valuing of Lands or Tenements and sometimes the Act of the Sheriff upon this Writ And if the Sheriff delay to execute the Writ of Extendi facias in the delivery of Lands Goods and Chattels of the Conusor to the Conusee that are apprised and taken into his hands upon the Extent he may be be forced to it by a Writ called a Liberate The Elegit is a Judicial Writ grounded upon the Statute and lyeth for him that hath recovered debt or damages in the Kings Court against one not able in his Goods to satisfie directed to the Sheriff to command him to make delivery of half the parties Lands and Tenements and all his Goods Oxen and Beasts for the Plough excepted Old Nat. Bre. 152. Reg. Orig. 129 299. The Scire Facias is a Judicial Writ most commonly to call a man to shew cause to the Court whence it is sent why Execution of a Judgment passed should not be made And this commonly is not granted before a year and a day be passed after the Judgment given In which cases for the most part Execution is not grantable until this Writ and the return thereof be had and past Vet. N. B. 151. And where a man shall be put to this To have Execution or not see 21 E. 3.22 Execution 53 55 69 89 97 143. Scire Facias 126. Execution 102 164 243. And here observe That Executions may be arrested and stayed by the Court wherein the Judgment is given By the Common Law for a debt for which a man had Judgement he could have had neither Body nor Lands in Execution in case of a common person but the Goods and Chattels and Profits of the Lands except in case of an heir chargeable by the deed of his Ancestor but the Law is now otherwise for at this day upon a Judgment given for debt or damages in the Courts of Record at Westminster generally the moyety of all the Land that the Defendant hath tempore redditionis judicii or at any time after and all the Goods and Chattels he hath tempore Executionis or the day of the Writ awarded shall be subject and lyable to the Executionâ— and all these may be taken in Execution by the Sheriff into whose hands soever they be come Dyer 306.34 Co. 3.12 34 H. 6.45 The Ca. sa did not lye at the Common Law against any man for debt but in case of the King until 25 E. 3.17 Vide Co. 3. in Sir William Herberts Case How the Sheriff and his Officers are to perform their Office in doing execution the following Observations will shew 1. If the Sheriff have a Writ of Execution delivered to him and a Writ of discharge or Supersedeas come to the Sheriff but he hath not notice of it In this case he may serve
Execution upon a Statute or Recognisance and when and how Wherein take notice 1. That when a man doth enter into a Statute or Recognisance the Land of the Conusor is not the debtor but the Body And the Land is lyable onely in respect that it is in the hands of the Conuâ—or at the time of the acknowledging of the Statute or afterwards and the Land is not charged with the debt but chargeable onely at the election of the Conusee but the person is chargeable and the Land in respect of the person And therefore although the Conusor alien his Land to another yet he remains debtor still and his body and goods shall be taken in Execution Plow 72. 2. That the body of the Conusor himself but not the body of his Heir Executor or Administrator is lyable to Execution and may be taken although there be Lands Goods and Chattels to satisfie the debt 3. That all the Demesne Lands Tenements and Hereditaments corporeal and incorporeal of the Conusor that are grantable over as his Mannors Messuages Lands meadows Pastures Woods Rents Commons Tythes Advowsons and the like also his Goods and Chattels as Leases for years and all his Emblements Cattel Housholdstuff and the like and Wardships when they were in being are lyable to Execution upon a Statute But Annuities Offices in Trust Seigniories in Frank-almoigne Homage Fealty Right to Land things in action and such like are not liable to such Execution Co. 3.12 Plow 72. Co. 2.59 Litt. Sect. 318. Dyer 7.205 Co. on Litt. 174. Doct. Stud. 53. Co. 2. Part. Inst 397. 4. All the Lands Tenements and Hereditaments which the Conusor had at the time of the Recognisance entred into or at any time after in whose hands soever or by what means soever the same are come at the time of the Execution shall be subject and lyable to the Execution But the Lands which the Conusor had and did put away before the time of the Statute or Recognisance entred into are not lyable And all the Goods and Chattels the Conusor hath or are found in his hands at the time when the Execution is to be made by Extendi facias are lyable But the Goods and Chattels he had and did bona fide do away before the time of Execution done are not lyable to the Execution Co. 3.12 5. The Conusee upon other Recognizances shall have the same things in execution as a man shall have after a Judgment in a Suit in the Kings-Bench or Common Pleas by Fieri facias or Levari facias all his Goods and Chattels and by Elegit the moiety of his Lands and all his Chattels besides the Cattel of his Plow and Implements of Husbandry But in these cases he cannot take the body of the Conusor in Execution unless it be upon a new Suit or in case of Bayl in the Kings Bench. Plow 72. Co. 3.12 Dyer 306. In the next place I will shew you the Method how a Statute or Recognizance is to be executed and all the proceedings thereupon Wherein observe That Recognisances are of two sorts 1. Such as are usually taken in the Kings Courts of Record at Westminster 2. Such as are in the nature of a Statute staple by the Statute of 23 H. 8. The proceedings upon the Statute Staple and the Recognisance founded on the 23 H. 8. aforesaid in the execution thereof are in the same manner as the proceedings in the Statute Merchant which I mention hereafter but with these differences 1. Upon the execution of the Statute-Merchant there issues forth a Capias against the Body before any execution be made of the Lands or Goods and Chattels and the Lands and goods cannot be extended till a quarter of a year be past after the Body is taken or the Sheriff have teturned a Non est Inventus But upon the execution of the Statute-Staple and the Recognisance the Body goods and Lands may be taken altogether at once Then secondly Upon a Statute-Merchant one may have an Action of debt but otherwise it is of a Statute-staple And thirdly The Capias upon the Statute-Merchant may be returnable in the Kings-Bench or Common-Pleas but the Writ of Execution upon the other is to be returnable in Chancery F.N.B. 130 131. Co. on Litt 290. Fourthly That in a Statute-Staple presently after the Certificate into the Chancery the Conusee shall have a Writ to take his body and extend his Lands and Goods returnable in Chancery which is a Commission directed to the Sheriff of the County where the Goods and Lands lye for the valuing thereof whereby they shall be apprised at a reasonable rate by a Jury of sworn men impanelled by the Sheriff for that purpose which Inquisition returned by the Sheriff he may take and deliver the Lands and Goods to the Conusee To hold the same till he be satisfied of his debt and damages or if he refuse the Conusee may force him to it by a Liberate Dyer 180. Co. 4.67 The proceedings upon a Statute Merchant are That the Conusee may if he please bring his Statute to the Mayor Clerk or other Officer before whom it was acknowledged and there if they find the record of it and the day to be past for the payment of the money they are to apprehend and imprison the body of the Conusor if he be a Lay-person and can be found within their Jurisdiction And if he cannot be found then they are to certifie the Record into Chancery And this they may be compelled to by Certiorari if otherwise they refuse to do it And upon a Nihil returned upon a Testatum est he may have process into another County but otherwise it is of goods And if that Certificate be faulty or Execution be not done upon it by reason of the Conusees death or otherwise the Conusee or his Executor or Administrator may have another Certificate and thereupon he shall have a Writ of Capias out of the Chancery directed to the Sheriff of the County where the Conusor lives to apprehend and imprison him if he be not a Clergy-man and this to be returned into the Kings Bench or Common-Pleas And when the Conusor is taken he shall have time for a quarter of a year to make his agreement with the Conusee and to sell his Lands or Goods to satisfie him And to that purpose he himself may sell his Lands and Goods although he be in prison and the sale thereof will be good and lawful But if in that time he do not satisfie the Conusor or if upon the Capias the Sheriff return a Non est inventus then by another or divers Writs if the Lands and Goods lye in divers Counties called Extendi facias to all the Sheriffs of the Counties where he hath Lands whereby they shall be commanded to extend his Lands and goods and to deliver the goods to him and the Lands To hold to him and his heirs till the debt be levied or paid And this Act of the Sheriff
forthwith be answerable to the Creditor for his debt And albeit the moveable Goods are sold for less than they are worth yet is the Debtor without Remedy and it shall be imputed to his own folly that he would not sell them himself while he might And if the Debtor have no moveables whereon the debt may be levied he shall be imprisoned and there remain till he agree with his Creditor and if he be in want the Creditor shall find him bread and water which the prisoner shall also satisfie before he be inlarged And if it be a Merchant Stranger that is Creditor he shall be satisfied for his stay about the business And if the Debtor have Sureties they shall be proceeded against in like form as is before declared against the Debtor howbeit so long as the Debt may be levied of the goods moveable of the Debtor his Pledges or Mainpernors shall be without damage Stat. de Mercatoribus 13 E. 1. A Debt acknowledged to a Merchant before the Mayor of London or Chief Warden of a Town which the King shall appoint or other sufficient Men when they cannot attend and before a Clerk which the King shall assign shall be enrolled and if it be not paid at the day the Debtor â—f he be a Lay-man shall be imprisoned by the Mayor till c. if he be within their power else by Writ out of the Chancery upon Certificate of a Recognisance thither And if he agree with the Creditor within a quarter of a year after then all the Lands which were the Debtors the day of the Recognisance made and also his Goods shall be delivered to the Creditors upon a reasonable extent And of these Lands so delivered the Conusee being ousted shall have an Assise or Redisseisin The Writs out of the Chancery shall be returnable before the Justices of either Bench and upon a Non est inventus returned or that he is a Clerk Writs to all the Sheriffs where he hath Lands or Goods shall go forth to deliver the same upon reasonable extent and to what Sheriff he will to take his Body The like process shall be against the pledges if the money be not paid at the day If the debtor or pledges dye the creditor shall have Execution upon the Lands of the heir at his full age Magna Charta cap. 8. The King shall not take the Lands or Rents of the debtors if he have sufficient Chattels Magna Charta cap. 18. The goods of the Debtor may be attached after his death by the view of lawful men that nothing shall be medled with till the Kings debt be paid Stat. 27 E. 3. cap. 9. The Mayor of the Staple shall take Recognisance of debt before himself and the Constables of the Staple whereupon default of payment being made the debtors Body shall be imprisoned and his goods sold in satisfaction if they be within the Staple else upon a Certificate into the Chancery a Writ shall go out from thence to imprison their Bodies and seize their Lands and goods which shall be returned into the Chancery and Execution thereupon in all respects as in the Statute-Merchant 〈◊〉 save that the debtor shall have no advantage of the quarter of a year Stat. 5 H. 4. cap. 12. A Statute being once shewed in the Common-Pleas and the process afterwards discontinued yet Execution may be afterwards awarded without shewing it again 11 H. 6. cap. 10. He that is in prison upon a Recognisance shall not be delivered out of prison upon a Scire facias against the party and surety thereupon found to the King alone but shall find Sureties severally as well to the King as to the other party Stat. 23 H. 8. cap. 6. Either of the Chief Justices or in their absence out of the same Term the Mayor of the Staple of Westminster with the Recorder of London may take Recognisances And they shall be executed in all respects as a Statute-Staple Stat. 27 Eliz. cap. 4. Every Statute-staple or Merchant not brought to the Clerk of the Recognisances within four moneths next after the acknowledging to enter a true copy thereof shall be against all persons their heirs successors executors administrators and assigns onely which for good consideration shall after the acknowledging of the same statute purchase the Land or any part lyable thereunto or any Rent Lease or profit of it Stat. 33. H. 8. cap. 39. All Obligations to the King shall be of the force of a Statute-staple If the Owner of goods sell his goods after the Teste of the Extent and before the Inquisition taken yet the Sheriff may seise and extend them Mores Rep. Case 72. Of a Dephesance A Defeasance which doth infectum reddere quod factum est signifies in our Law nothing but a Condition annexed to an Act as to an Obligation Recognisance Statute or Judgment which being performed by him that is bound and chargeable by the Act the Act it self is disabled and made void as if it had never been made or done And this is more peculiarly and properly applied to such conditional Instruments as are made in avoidance of Statutes and Recognisances at or after the time of entring into the same It differs from a Condition in this That a Condition is alwayes made at the same time with the Deed and commonly either annexed to it or inserted in it But a Defeasance is alwayes made in a Deed by it self and for the most part after the Original Deed is made or Act done to which it hath relation Wherein observe That all such things as are executory being created may by consent of all the parties to the creation of it be defeated so amongst others Bargain and Sales Statutes Recognisances and Judgements For it is a rule That in all Executory things that are made or created by Deed or Record the same thing by the consent of all the parties may in the like way be defeated and avoided Nihil est tam conveniens naturali aequitati quam quod unumquodque dissolvatur eo ligamine quo ligatur Co. upon Lit. 236. Plow 193.237 Co. 1.112 113. To make a good Defeasance these things are necessarily required 1. That if it be eodem mode it must be avoided by some act or instrument in Writing as it was created and therefore a Parol agreement to avoid a Statute will not be good It must therefore be by Deed but whether it be indented or Poll is not material Co. 1.14 Broo. Defeasance 13. Plowd 393. 2. That if it recite the Judgment or Statute which is very fit though not absolutely necessary care must be taken to reciâ—â—â— very exactly for if a Defeasance be made of a Statute or Recognisance made 1. Maii and it be recited to be made 10. of Maii it will be void so if it recite a Judgment as of Hillary Term and in truth it was in Easter Term. Plowd 393. Co. 1.113 3. It must be made between the same persons that were partieâ— to the
Original Deed. 14 H. 8.10 Broo. Estrange al fait 10. And yeâ— if a Statute be made to the Husband and Wife and the Husband alone joyn in making the Defeasance This shall be a good Defeasance Broo. Defeasance 3. 4. That it be made of a thing defeasible and so is a Judgment Statute or Recognisance and so it may be agreed to be upon payment of a less summe than that mentioned in the Statute or â—udgement or by the not disturbance of the execution of the Will of S or by the making of a good Estate in Land or the quiet enjoyment of Land bought or the like Fitz. bar 71.20 H. 7.24 21 H. 7.32 5. And it is best done before the execution of the Statute c. yet if the Defeasance of a Statute come after the Execution and be thus That if the Conusor pay so much money then the Statute shall be void It is best to adde these words in the Defeasance That then tho said Statute and the execution thereof shall be void Broo. Defeasance 7. And thus it seems a Defeasance may be after a Defeasance or one Defeasance after another and regularly in that case the last will stand Pasch 8 Jac. C. B. agreed Of an Audita Querela Audita Querela is a Writ lying where one is bound in a Statute Merchant Staple or Recognisance or where a Judgement is given only for debt or damages and the party in Execution for any debt or duty in any such case and he hath a release or some other sufficient discharge of all or part of the duty or some other matter to say in avoidance of the Statute or Judgment but hath no day in Court to plead it nor means to make use of it In this case he may have this Writ which is in the nature of a Commission to examine the equity of the case and give relief to the party in danger by the extremity like to befall him from the rigour of the Law in it Co. upon Lit. 290. Cro. 2.646 The proceedings herein are most properly in Chancery And there first by Venire facias with an Alias and as some say by Pluries upon a Nihil returned And if the Defendant do not then appear by a Distringas ad audiendum Judioium and upon default herein a Judgment is given And upon Bayl given to prosecute and stand to the Judgment he may have a Supersedeas to stay Execution But after Execution there goes a Scire facias and no Supersedeas may be had And this is not returned into the Chancery but where it is grounded upon a Record in Chancery as a Statute and the like And no man by this may get himself to be Bayled in case of a Habeas Corpus upon a bare surmise only but by proof of witnesses in writing Dyer 339. F. N. B. 104. Cro. 3. part 308. Broo. Aud. Quer. 41. Upon the Statute Staple the course is to have the Audita Querela to the Chancellor But upon the Statute Merchant it is to be directed to the Justices de Banco Dyer 332. In this Suit the Nonsuit or Default of any one of the Plaintiffs shall not hurt another Co. 6.25 This Writ will not lye upon a bare surmise onely Dyer 232. Cro. 2. 579 694. But it lyeth for the party himself against whom the Judgment is given and against whom the Statute is made or for his Heir Executor or Admioistrator or either of them upon whom the charge is come or coming If my Ancestor to whom I am heir hath entred into a Recognisance and the Sheriff after his death extend my Land or a Rent out of it I being within age by this Writ I may avoid the Extent so that by this the Infant may avoid not onely his own statute but also the extent of the Statute of his Ancestor Mores Rep. Case 121. If a Statute be taken by one that hath no power to take it and after the Conusor doth enfeoff a stranger of the Land and the Conusee sueth Execution on the Statute the Feoffee may have this Writ to avoid Execution Dyer 35. If an Obligee have a Judgment against the heir of the Obligor and his Land in extent and the Obligee assign away his Estate in it to a stranger and after the heir get a Release of this Judgment from the Obligee he may have this Writ against the Assignee Adjudged Pasch 7 Jac. B. R. Flowers Case Note An Audita Querela is not returnable in Chancery but in 〈…〉 it is grounded upon a Record in Chancery as a Statute c. And it seems none are to be baffled upon a Habeas corpus by Audita Querela upon a Surmise but it must be proved by writing In Trinity Term 14 Jac. B. R. One Pierce was brought in upon a Habeas Corpus and Surmise That Mosten had recovered in B. R. against Morris in debt upon a Bond had Judgment against Morris the principal and a Capias ad Satisfaciendum against him and after that another Capias against Peirce the Surety which came in upon Habeas corpus and brought an Audita Querela and surmised payment by the principal And Bayl was denyed him by the Chief Justice nullo contradicente This Remedy is given most properly where the Statute is not good as where it wants a Seal or the like for in cases where the Statute is good and the proceed in the execution of it is erronious onely there the relief is properly by Writ of Error Cro. 3.319 494. In all cases therefore where this remedy is given it is requisite that these three things be in the case 1. There must a charge or burthen come or coming upon him that is to have it 2. It must be such a charge or burthen as that whereof by Law he ought to be discharged and disburthened in all or in part 3. It must be in such a case as wherein he hath no other way to relieve himself And therefore it is used and had sometimes to avoid a Judgment and the execution thereof or to avoid a Statute or Recognisance As if a Judgment or Judgment and Execution be had against me and the Plaintiff in facto release me of the debt or I be released of it or of part of it by Law and yet he sueth Execution out against me for the whole I may have may relief by this way So if a Judgment be had against me and another for one debt and one of us is taken in Execution and after either of us get a discharge in fact or in Law of the debt both or either of us must have relief by this way Pasch 40 Eliz. C. B. Monke and Brown Co. 8.152 Plow 72. Dyer 50. If the Conusee of a later Statute extend Lands of the Conusor in one County having Lands in two Counties and after this the Conusee of a former Statute doth extend the moyety of the Lands in the other County onely the Conusee of the later Statute may have this action
against him for he ought to have sued out his Execution upon the Lands in both Counties Cro. 3 part 797. If a Statute be delivered to a stranger to keep till certain conditions be performed and he deliver it to the Conusee or he get it by fraud from him before the conditions be performed In this case he may be relieved by this Writ Fitz. 15.16 If one be Bayl for another for a debt in the Kings-Bench according to the course there and the principal dyes not paying the debt nor rendring his Body and upon a Scire facias and two Nihils against the Bail he is taken in Execution he may be relieved by this Writ for the Bayl is not to be charged till some default be in the Principal to yield himself c. but now he being dead the Bayl is discharged Goldsb 174. Cro. 2.645 In case where one man is chargeable alone towards a Judgment or Statute and others are to be contributory as where the Conusor hath sold his Land to divers Purchasors or a Judgment is had against one who doth leave his Land to divers heirs if one of the Purchasors or one of the Heirs alone be or be like to be charged he may by this force the rest to be contributory to the charge and if any one of them have a Release or other good discharge this as it seems will discharge all the rest But if one after he hath entred into a Statute or Recognizance do convey part of the Lands away and keep the rest and Execution is sued of the Lands in his hand onely against him or his heir they shall have no contribution from the purchasors And yet if any of the purchasors be sued he shall have contribution against the Conusor his heir and the rest of the purchasors Co. 2.92 Dyer 322. Moores Rep Case 607 700. A being in Execution was suffered to go at large and afterwards 〈◊〉 was taken again in Execution whereupon he brought his Audita Querela and while he was at large he paid the money as he proved by witnesses sworn whereupon it was adjudged That the Audita Querela did well lye Mich. 27 Eliz. C. B. Cro. 3. part Reynells Case We might here say something in like manner of Mortgages Leases and the like but the proceedings therein have so near a resemblance when they are to be extended that I will pass them over in this place and the rather because the former parts contain many Presidents of them I will therefore only give one short Discourse of Distresses and so finally conclude this Work Of Distresses and Replevins DIstress is the taking away of one mans Chattels for a Trespass done Rent accrued or in arrear and the like Of which some things are levyable Others cannot be distrained For which observe That a Cart full of Corn 2 H. 4.15 a Fold of Sheep c. 20 E. 4.3 a Mill-stone 14 H. 8.25 c. if it be not part of the Mill though it be fixed to a piece of Timber with nayles Windowes and Doors when they are removed off of the books But a Mill-stone though it be lifted up to be picked and beaten yet so long as it lyeth upon the other stone remaineth parcell of the Mill and cannot be distrained No more can Windowes and Doors hanging upon the hooks though they be removeable but this must be found upon the same Land a man holds but in other Lands not holden of him he cannot distrain except it be by the Tenants grant If Dismes be let reserving a Rent they cannot be distrained for the Rent no not when they are severed from the nine parts in as much as there is no distress but upon Land in demesne The King may distrain in another Land of the same mans for his Seigniory or Rent-charge but so shall not the Grantee 9 H 6.9 is That a common person cannot distrain for his Seigniory but in the Land holden of him except it be by his Tenants grant But the King may in any place 13 E. 4.6 That the King for his Services or for a Rent-charge may distrain in all his Tenants Lands but so shall not the Kings grantee Stat. Marlb cap. 15. Distresses shall not be taken in the Kings High-way or common-street but by the King or his Officers having special authority Stat. Artic. Cler. cap. 9. Nor in the ancient Fees of Churches The Distress being put in pound overt or open pound that is some place where the owner may lawfully come at them as if they be things that have life to give them meat c. he that distraineth shall not be charged what hurt soever they receive for quick Cattel must be put in pound overt that the Owner may give them sustenance but dead need not But if they be marred in his default that distraineth he shall answer for them Stat. Marlb cap. 4. None shall lead distress out of the County where they were taken The Neighbour that doth it to his Neighbour shall be fined The Lord that doth it to his Tenant shall be amerced 1 2 P. M. cap. 12. No distress of Cattel shall be driven out of that Hundred Rape Wapentake or Lath where it was taken except to a pound overt within the Shire not above three miles from the place where it was taken No Distress taken at one time shall be impounded at several places whereby the Owners shall be constrained to sue several Replevins the penalty of both these five pounds and treble damages No person shall take above four pence for the poundage of any whole distress impounded and where less hath been used there to take less upon pain of 5. pounds and loss of the money he hath taken above four pence any Prescription notwithstanding to the contrary Bare Hereditaments that may be distrained for are a Seigniory and Rent-charge Seigniories are Services whereby Lands are holden and Services are common to all certain Estates or proper to Inheritances Replevins are of two sorts 1. Homine Replegiando for one imprisoned or in Prison detained where he should not as being Baylable or claimed as a Villain F.N.B. 66. or inward F.N.B. 67. where indeed he is Franke out of Ward 2. A Replevin for Goods or Chattels distrained which according to the nature of the Plea ministred by the parties groweth to be either a real or personal Plea as upon property claimed then it is personal if the Defendant avow the taking for Services or Rent behind c. then it becometh real c. and as strong as a Praecipe quod reddat in as much he is to have a return And therefore he shall in that case have aid before any Plea pleaded as in a Praecipe quod reddat and this may be both by Writ and Plaint in any Court Baron F. N. B. 70. as well as in the County Court And being by Plaint though in the County Court it shall not proceed if any touching the Freehold come in question as if the
HONI SOIT QUI MAL Y PENSE DIEV ETMON DROIT THE Clerks Guide Leading into THREE PARTS VIZ. I. Of Indentures Leases c. II. Letters of Attorney Warrants of Attorney Mortgages Licences Charter-Parties c. III. Bills Answers Replications Rejoynders in Chancery c. Under which are comprehended The most Usual Forms of Clerkship To which is added A FOURTH PART OF Fines Recoveries Statutes Recognisances Judgements c. Distresses and Replevins Illustrated with CASES and the STATUTES Relating to the same By Tho. Manley of the Middle Temple London Esq London Printed by John Streater Henry Twyford and E. Flesher Assigns of Richard Atkins and Edward Atkins Esquires M.DC.LXXII Cum Gratia Privilegio Regiae Majestatis THE PREFACE TO THE READER HOW various the Pretenders to Clerkship have been in their Resolves we have too many Experiences in Print especially when in the late Times of Vsurpation a general Liberty was admitted which indeed we may call Cacoethes scribendi an inveterated humor of writing rather tending to involve the Clerk in a maze than to lead his Client in a safe and well-beaten Path. It is not the design of this Premonition to beg the Question Others have offered what fitted their capacities This Tract shall shew nothing more than is fit and reduced into such a method as an Easie English Clerk shall be capable of 'T is true some may say Facile est inventis addere but that is not the sole design of this For here is much obliterated that is useless something polished that was unnecessary and much added that is profitable yet it dares not assume the title of Infallible The former Three Parts which are herein offered with many Advantages shall speak for themselves whereto there is now added a Fourth which in this kind you have not met with If the design meet the humor of those it is intended for is fulfilling the purpose However whether it do or no for there is no doubt but the best intent may be quarrelled yet the Vsefulness of the Work upon Perusall will satisfie all men concerned whether they be well dealt with in the Settlements they propose to themselves from Persons they shall entrust or employ when at a cursory view they may find not onely what they would but what they ought to have done Sept. 3. 1672. T. M. Part 1. An Indenture of an Annuity THis Indenture made the twentieth day of c. in the c. between I. S. of Skipton in the County of York Esq of the one part and C. P. of London Esq of the other part witnesseth that the said I. S. for and in consideration of the sum of c. to him before the ensealing and delivery of these presents well and truly contented and paid whereof and wherewith he the said I. S. doth acknowledge and confess himself to be fully satisfied and thereof and of every part and parcel thereof doth clearly acquit and discharge the said C. P. his Heirs Executors and Administrators and every of them for ever by these presents Hath given granted and confirmed and by these presents doth give Grant grant and confirm for him and his Heirs unto the said C. P his Executors and Assigns One Annuity of yearly Rent-charge of Two hundred pounds of lawful Money of England to be issuing and going out of all those the Mannors and Lordships of Stanton c. with all and singular their rights members and appurtenances in the said County of York and out of all and singular the Messuages Cottages Houses Edifices Buildings Barns Stables Orchards Gardens Lands Tenements Meadows Feedings Pastures Commons Moors Marishes Rents Reversions Services Profits Commodities Emoluments and Hereditaments whatsoever with the Appurtenances to the several Mannors or any of them belonging or heretofore had used reputed occupied or enjoyed as part or parcel of them or any of them And also out of all other the Lands Tenements and Hereditaments of the said I. S. within the said County of York To have and to hold perceive receive and take the said Annuity or yearly Rent-charge of c. unto the said C. P. his Executor and Assigns from the day of the date of these presents for and during the full term and time of forty years now next ensuing and fully to be compleat and ended if the said C. P. and R. P. Esq Nephew to the said C. P or either of them shall so long live To be paid at four most usual Feasts or Terms in the year that is to say the Feast of c. by even and equal portions at or in the Church-porch of the Parish-Church of c. And the said I. S. for himself A Covenant to pay 〈◊〉 l. for every day after default in payment of the Rents and to Re-enter his Heirs Executors Administrators and Assigns and for every of them doth Covenant Promise and Grant to and with the said C. P his Heirs and Assigns that if it shall happen the said yearly Rent of c. to be behind and unpaid in part or in all over or after any of the said Feast-days in which the said ought to be paid being lawfully demanded according to the true intent and meaning of these presents That then he the said I. S. his Heirs and Assigns shall and will not onely forfeit and lose unto the said C. P. his Executors or Assigns nomine poenae the sum of forty shillings of lawful money of England for every day the said yearly Rent shall happen to be behind and unpaid in part or in all over or after any of the said Feast-days wherein the same ought to be paid as before is mentioned But also that it shall and may be lawful to and for the said C. P. his Executors and Assigns and to and for every of them from time to time from and after every of the said Feast-days wherein the said yearly Rent or any part thereof should or ought to be paid as before is mentioned into all and singular the said Mannors and into every of them and into all other the Lands Tenements and Hereditaments to the said Mannors or any of them belonging and into all other the premises with all and singular their appurtenances and into every or any part or parcel thereof at his or their or any of their free wills or pleasures to enter and distrain as well for the said yearly Rents as for the said sum or sums of Money which shall or may happen to become forfeited or lost for or in the name of a pain as is aforesaid and for the aâ—â—erages of them and either of them if any shall happen to be and the Distress and Distresses then and there found to lead drive take and carry away and the same to detain and keep until the said C. P his Executors or Assigns shall be fully satisfied contented and paid Covenant that he is seized in Fee and hath power to charge the Premises with this Annuity And the said I.S. for
digging receiving selling footing and carrying away the said Timber-Trees Woods or Under-woods or the Royalties Priviledges and Freedoms aforesaid To have and to hold the said Towns or town-Town-lands before mentioned and all other the premises before in or by these presents demised and granted bargained and sold and every part and parcel thereof with their and every of their Appurtenances and the Reversion and Reversions Rents and yearly Profits of the same and of every part and parcel thereof unto the said G. R. his Executors Administrators and Assigns from the Feast-day of All-Saints last past before the date of these presents unto the full end and term of Ninety and nine years from thenceforth next ensuing and fully to be compleat and ended Yielding and paying therefore yearly and for every year during the said term unto the said H. Oniel his Heirs and Assigns the yearly rent or sum of c. of current money of England at the Feasts of Philip and Jacob and All-Saints by even and equal portions as within one and twenty dayes next after any of the said Feasts And if it happen the said yearly Rent to be behind and unpaid in part or in all contrary to the reservation aforesaid and no sufficient distress can or may be found or taken in and upon the said demised premises A demand thereof being by the said Sir H. Oniel his Heirs or Assigns first made That then and from thenceforth it shall and may be lawful to and for the said Sir H. Oniel his Heirs or Assigns or any of them into the said four Towns or Town-lands and all and singular the aforesaid demised premises with the appurtenances or into any part or parcel thereof in the name of the whole to re-enter and the same to claim have again enjoy and re-possess as in his and their first and former estate any thing in these present Indentures contained to the contrary in any wise notwithstanding and the said G. R. A Covenant for new Building Messuages on the demised premises for himself his Heirs Executors Administrators and Assigns and for every of them doth covenant promise and grant to and with the said Sir H. Oniel his Executors Administrators and Assigns and to and with every of them by these presents in manner and form following that is to say That he the said G. R. his Executors c. shall and will within the space of ten years next ensuing the date of these presents at his and their own proper Costs and Charges erect new-build and set up in and upon some convenient part of the premises by these presents demised three Messuages Tenements or Houses fit and convenient for habitation to be so erected of Timber Stone or Brick according to the most usual manner of building now used within the Realm of England and the same being thus built shall from time to time and at all times during the aforesaid term of c. years keep and well maintain in good repair And shall and will likewise from time to time during the said term well and sufficiently repair amend maintain and keep all the Houses Edifices Hedges Ditches Fences and Enclosures in and about the said demised premises or any part thereof in good and sufficient reparations and the said demised premises and every part thereof being so well and sufficiently repaired maintained hedged fenced ditch'd and amended in the end of the said term shall and will quietly leave and yield up unto the said Sir H. O. his Executors Administrators and Assigns And that the said G. R. his Executors Administrators and Assigns and his and their Under-Tenants shall and will from time to time during the said term grind all their several kind of Grain whatsoever that they or any of them A Covenant to pay Heriots shall expend in and upon the said demised premises or any part thereof at the Mill or Mills of him the said H. Oniel And the said G. R. for himself his Executors Administrators and Assigns and for every of them doth further covenant promise and grant to and with the said Sir H. Oniel his Heirs and Assigns and to and with every of them by these presents That he the said G. R. his Executors Administrators or Assigns shall or will well and truly pay or cause to be paid unto the said Sir H. O. his Heirs or Assigns such several and respective Heriots for the said demised premises as are hereafter in these presents mentioned and expressed That is to say upon the death of the said G. R. his Executors or Administrators dying Tenant in possession of the said premises or any part thereof his or their best Beast in the name of one Heriot and upon the decease of every of his or their Lessees Farmor or Under-Tenant of the said premises or any part thereof one half of the value of the price of his or their best Beast in full lieu and satisfaction for the whole Heriot And the said Sir H. Oniel for himself his Heirs Executors and Administrators and for every of them doth covenant promise and grant to and with the said G. R. his Executors Administrators and Assigns and to and with every of them by these presents That it shall and may be lawful to and for the said G. R his Executors Administrators and Assigns and his or their Lessees Farmors and Under-Tenants from time to time and at all times hereafter during the said term to have and take in and upon the said demised premises competent and sufficient House-boot Plough-boot Cart-boot Hedge-boot and Fire-boot to be spent expended and imployed in about and upon the same premises and not else-where And the said Sir H. Oniel for himself his Heirs Executors and Administrators and for every of them doth further covenant promise to and with the said G. R. his Executors Administrators and Assigns and to and with every of them by these presents in manner and form following That is to say That the said Sir H. Oniel is and standeth lawfully seized of and in the said four Towns Town-lands or Townships before-mentioned in these presents and of and in all other the demised premises with their appurtenances of such good perfect and lawful estate of inheritance in Fee-simple as that he the said Sir H. Oniel hath in himself good Right full Power and lawful Authority hereby to demise grant bargain sell and to farm-let the said four Towns or Town-lands before mentioned and all other the promises aforesaid with their and every of their appurtenances into the said G. R. his Executors Administrators and Assigns fâ—r such term of years and in such manner and form as is herein before mentioned and expressed And for the further and better securing and confirming of the said four Towns or Town-lands and other the premises with the appurtenances unto the said G. R. his Executors Administrators or Assigns for and during the term aforesaid and in manner and form as is aforesaid according to the true intent and
meaning of these presents The said Sir H. Oniel for himself his Executors Administrators and Assigns and every of them doth covenant and grant to and with the said G. R. his Executors Administrators and Assigns and every of them by these presents That the said G. R. his Executors Administrators and Assigns and every of them shall and lawfully may from time to time and all times hereafter during the said term by these presents granted peaceably and quietly have hold occupy possess and enjoy well and truly the said four Towns or town-Town-lands without any molestation or hinderance wrought by the said Sir H. Oniel or any claiming by from or under him and also shall and may take receive and perceive all Rents and all other profits of the said four Towns or town-Town-lands and all other the premises before in and by these presents granted bargained sold or to farm-letten or mentioned agreed or intended to be hereby granted bargained sold and to farm-letten and every part and parcel thereof with their and every of their appurtenances under the Rents Covenants and Agreements in these presents reserved mentioned or contained without the lawful let suit trouble eviction molestation or interruption of the said Sir H. Oniel and the Lady M. his Wife and of the Heirs or Assigns of the said Sir H. Oniel or any of them or of any other person or persons whatsoever lawfully claiming or which shall claim by from or under him her them or any of them free and clear and freely and clearly acquitted exonerated and discharged or well and sufficiently saved and kept harmless of for from touching and concerning all and all manner of former and other Gifts Grants Bargains Sales Leases Estates for years Statutes-Merchant and of the Staple Recognizances Judgments Executions Annuities Rents Charges Rents-seck and all other Charges Titles Troubles and Incumbrances whatsoever heretofore had made committed suffered done or assented unto by the said Sir H. Oniel except the yearly Rent herein before reserved In witness c. A Joynture with divers Limitations c. with a Proviso for Revocation THis Indenture made the c. between V. W. of c. Esq and F. his Wife formerly the Wife of G. A. Esq deceased of the one part And A. B. of c. Esq I. P. of c. Gent. and I. G. of c. Merchant on the other part witnesseth That the said V. W. as well for and in consideration of a Marriage heretofore had and solemnized by and between the said V. W. and the said F. his now Wife and for setling of a competent Joynture for the said F. if it shall happen to survive the said V. W. and for the setling assuring and conveying of all and singular the Mannors Lands Tenements and Hereditaments hereafter in these presents mentioned with their and every of their appurtenances in the Name and Blood of the said V. W. for so long time as it shall please Almighty God and to the several uses intents and purposes and in such manner and form as hereafter in and by these presents is expressed mentioned and declared according to and in pursuit of a certain Agreement made between the said V. W. and F. before their said inter-marriage And also for divers other good and valuable considerations him thereunto especially moving hath granted aliened infeoffed released and confirmed and by these presents doth grant alien infeoffe release and confirm unto the said A. P. J. P. and J. G. their Heirs and Assigns all that the Mannor of S. M. with all and singular the Rights Members and Appurtenances whatsoever thereunto belonging or in any wise appertaining scituate and being in the said County of H. And also all and singular the Messuages Lands Tenements Tofts Crofts Houses Edifices Buildings Barns Stables Dove-houses Mills Orchards Gardens Meadows Leasoes Pastures Closes Feedings Parks Warrens Commons Waters Fishings Ponds Pools Moors Marshes Woods Under-woods Furzes Heaths Wastes Rents Reversions Services Views of Frank-Pledge Courts Barons Perquisites and Profits of Leets and Courts Waifes Estrayes Felons Goods Goods of Fugitives and Out-laws Tythes Oblations Obventions Royalties Priviledges Jurisdictions Preheminencies and Hereditaments whatsoever of him the said V. W. scituate lying and being renewing growing or coming in V. M. aforesaid or else-where in the said County of H. And also al that the Advowson Donation Nomination Presentation freâ— Disposition and right of Patronage of the Parish-Church of S. M. aforesaid And all and every the Profits Commodities Emoluments and other Hereditaments whatsoever with all and singular the Appurtenances of him the said V. W. scituate lying and being coming growing arising and renewing within the Towns Fields Parish Hamlets and Territories of S. M. aforesaid or elsewhere within the said County of H. and all the Estate Right Title Interest Property Claim and Demand whatsoever of him the said V. W. of in and to the same Mannor Messuages Tenements Hereditaments and other the premises and every part and parcel thereof and the Reversion and Reversions Remainder and Remainders thereof and of every part and parcel thereof and all and every the Rent and Rents thereupon reserved due and payable or any part thereof All which premises were by the said V. W. bargained and leased to the said A. B. J. P. and J. G. their Executors or Assigns by Indenture bearing date c. for the term of three Moneths next ensuing the making of the said Indenture as in and by the same Indenture reference being thereunto had may more fully and at large appear To have and to hold the said Mannor of S. M. with the appurtenances and all and singular the said Messuages Tofts Crofts Lands Tenements and the said advowson and right of Patronage of the Parish-Church of S. M. aforesaid and every the Profits and Emoluments hereby arising and renewing and all and singular other the premises hereby conveyed and assured or meant or mentioned or intended to be by these presents conveyed and assured with their and every of their Rights Members and Appurtenances and the Reversion and Reversions Remainder and Remainders thereof and of every part thereof unto the said A. B. J. P. and J. G. and their Heirs and Assigns to the several uses intents and purposes and upon the trust and confidence and under the several Provisions Conditions and Limitations hereafter in and by these presents expressed limited and declared and to and for none other use intent or purpose whatsoever That is to say as for and concerning all the Farm Messuage or Tenement commonly called or known by the Name of Causin-Farm and all and every the Houses Buildings Barns Stables Yards Gardens Orchards and Lands Arable Meadow and Pasture containing by estimation one hundred Acres be the same more or less to the said Messuage Farm or Tenement belonging or in any wise appertaining with the appurtenances scituate lying and being in S.M. the appurtenances now or late in the tenure or occupation of the said A. B. or his Assigns And all the
said A. B. J. P. and J. G. and their Heirs and Assigns and to and with every of them by these presents That the said V. W. and his Heirs shall and will from time to time and at all times hereafter during and within the c. years next ensuing the date of these presents upon the reasonable request and at the costs and charges in the Law of the said V. W. his Heirs or Assigns or any of them do make acknowledge levy execute and suffer or cause to be made done levied acknowledged executed and suffered all and every such further and other lawful and reasonable act and acts thing and things device and devices conveyance and conveyances assurance and assurances in the Law whatsoever for the further more perfect and better assurance surety sure-making conveying and assuring of the said Mannor Advowson Messuages Lands Tenements and Hereditaments and all and singular the premises with their and every of their appurtenances unto the said A. B. J. P. and J. G. their Heirs and Assigns to the uses intents and purposes and under the conditions provisoes and limitations before mentioned expressed and declared and to and for none other use intent purpose whatsoever Be the same by one or more fine or fines with proclamations to be levied and executed in due form of Law Feoffment or Feoffments Recovery or Recoveries with single double or treble Voucher or Vouchers Deed or Deeds Enrolled or not Enrolled the enrolment of these presents Release Confirmation with warranty as aforesaid or otherwise without warranty or by all every or any of the aforesaid wayes or means or by any other lawful and reasonable wayes or means whatsoever as by the said A. B. J. P. and J. G. the Survivor or Survivors of them his or their Heirs or Assigns or as by his their or any of their Council learned in the Law shall be reasonably devised or required which said Fine or Fines Feoffment or Feoffments Recovery or Recoveries and assurances whatsoever had made and executed or hereafter to be had made and executed by the said V. W. his Heirs and Assigns or by any other person or persons whatsoever touching and concerning all and every or any of the premises with their and every of their appurtenances and every part and parcel thereof shall be and enure and shall be adjudged demised construed and taken to be and enure to the uses intents and purposes before in and by these presents limited expressed and declared and to and for none other use intent or purpose whatsoever any former or other Declaration of use or uses to the contrary thereof in any wise notwithstanding Provided nevertheless and upon the condition and it is covenanted declared and agreed by and between all and every the Parties to these presents their Heirs and Assigns and every of them respectively by these presents That it shall and may be lawful to and for the said V. W. at any time or times hereafter during his natural life by his Deed or Deeds indented to be by him sealed and delivered in the presence of three or more credible Witnesses by and with the consent and approbation of the said A. B. J. P. and J. G. or of the Survivor or Survivors of them his or their Heirs or Assigns testified in Writing under their Hands and Seals to alter change revoke determine or make void all or any the Estate or Estates Use or Uses before by these presents limited and appointed except onely the Uses before hereby limited and appointed to or for the Joynture of the said F. as aforesaid and that from and after such alteration change revocation determination or making void thereof or of any part thereof these presents and all other assurances in the Law whatsoever shall be and enure and shall be adjudged deemed construed and taken to be and to enure And they the said A. B. J. P. and J. G. and their Heirs and Assigns and their Heirs and Assigns of the Survivor and Survivors of them shall stand and be seized of all and singular the premises except before excepted or so much thereof whereof such alteration change revocation determination or making void shall be had and made as aforesaid to such other use and uses and to the use of such person and persons and for such Estate and Estates and in such sort manner and form as the said V. W. by any Deed or Deeds indented setled delivered and executed in the presence of three or more credible Witnesses by and with such consent and approbation shall declare limit or appoint and from and after such Revocation in default of such Declaration Limitation and Appointment then to the uses intents and purposes before by these presents limited expressed and declared and to and for none other use intent and purpose whatsoever any thing in these presents or in any former or other Declaration of use or uses contained to the contrary thereof in any wise notwithstanding In witness c. A Condition for the payment of Rent Quarterly for Lands held from year to year at the pleasure of the Lessor THe Condition of this Obligation is such That whereas the above-bounden T. H. hath and holdeth from year to year at the will and pleasure of the above named J. M. certain Closes and parcels of Ground lying and being in the Parish of S. above-written in the County of Berks parcel of the Lands belonging to the Tenement there called B. for and under the yearly Rent of c. to be paid quarterly If therefore the said T. H. his Heirs Executors and Administrators or any of them do well and truly pay or cause to be paid unto the said J. M. or to his certain Attorney Executors or Assigns the said yearly Rent of c. at the now dwelling-house of the said J. M. in T. above-written in manner and form as followeth that is to say upon the Four and twentieth day of June next ensuing the date hereof c. upon the Eight and twentieth day of September next also ensuing other c. upon the Four and twentieth day of December next also ensuing other c. other upon the Four and twentieth day of March which shall be in the year of our Lord God c. and c. and so forth quarterly and every quarter the one next and immediately ensuing the other upon the like dayes the sum of c. during all the time and term that the said T. H. and his Assigns shall so hold and enjoy the said Closes and Grounds at the Will of the said J. M. And moreover do from time to time during all the said term at his own Costs and Charges maintain and keep the same premises in good and sufficient Fences and Bounds and in the end of the same time do leave and yield up the same well and sufficiently fenced and bounded without any cavillation That then c. A Sale of the Moyety of Rent reserved by Lease THis Indenture made the
Escripts and Monuments before by these presents bargained and sold as also all the true Copies of all such other Deeds and Writings as do touch and concern the before bargained premises or any part thereof Together with any other Lands Tenements or Hereditaments not before mentioned The said Copies to be written at the Cost of the said D. his Heirs and Assigns An Assignment with a Proviso to have the Lease again upon payment of a sum of money THis Indenture made c. between G. B of c. of the one part and W. H. of c. of the other part Whereas one R. G. and his Wife by their Deed indented bearing date c. for the consideration in the said Deed indented expressed did demise grant and to farm-let unto the said G. B. all that the moyety and half-deal of the Mannor of D. with the appurtenances set lying and being in c. and the moyety and half-deal of all their Messuages Dove-houses Edifices Buildings Lands Tenements Rents Reversions Services Mills Meadows Leasows Pastures Woods Under-woods Commons Heaths Profits Commodities and Hereditaments to the said Mannor of c. belonging set lying and being within the Town Fields Parishes and Hamlets of C. N. D. within the said County of G. or accepted reputed or taken c. To have and to hold c. with divers Covenants Articles Agreements and Reservations in the said Indenture contained as by the said Indenture c. Now this Indenture witnesseth That the said G. B. for divers and sundry c. hath given granted alienated assigned and set over and by these presents doth c. as well the said moyety c. as also all the Estate Right Title Use Interest Possession Claim and Demand whatsoever of the said G. B. had and made as is aforesaid To have and to hold the said moyety and half-deal of the said Mannor of D. with the appurtenances and all the Estate Right Title Use Interest Clatm Possession and Demand whatsoever of the said G. B. c. Provided nevertheless and it is agreed between the said Parties to these presents That if the said G. B. his Heirs Executors or Assigns or any of them do at any time hereafter pay and deliver or cause to be paid and delivered unto the said W. H. his Executors or Assigns or any of them the sum of c. of lawful money of England at one entire payment at or in the Church-Porch of the Parish-Church of C. aforesaid within the said County of G. at or in the place where the said Parish-Church now standeth that then and from thenceforth as well this present Grant and Assignment and every Clause Article and Sentence herein contained to be utterly void frustrate and of one effect as also that then and from thenceforth the said moyety of the said Mannor of D. and al other the premises whatsoever with their appurtenances and every part and parcel thereof by these presents assigned and set over unto the said W. H. shall come and be to the said G. B. his Executors and Assigns for and during all the number of years that shall at the time of the payment to be had and made in manner and form aforesaid be then to come and unexpired of the said term of c. years granted unto the said G. B. Executors and Assigns as is aforesaid as though this present Indenture of assignment of the premises had not been had or made In witness c. A revoking of a pretended Contract of Matrimony LEt all Men know and take notice by these presents That we F. D. of S. and J. H. of c. being desirous to have matters cleared between us concerning such proceedings as have been about treaty of Marriage between us and that we both notwithstanding any pretence of Contract between us may hereby declare and manifest to all people that there was no absolute Contract or Engagement between us at any time for Marriage of each other but that we are free one from the other in that kind and may each of us freely marry with others We do therefore freely and without any compulsion declare manifest and make known unto all people that we the said F. D. and J. H. were never absolutely contracted together in any Contract of Matrimony neither did we nor any of us profess or declare that we would marry each other unless c. our Friends c. we do therefore hold our selves no wayes to be tyed or obliged each to other in any manner of Contract of Matrimony or for Marriage each of other and therefore we do hereby freely and absolutely release and discharge each other of and from all manner of Contracts of or for marriage heretofore had or pretended to be had or made between us and we do hereby freely and fully release acquit and discharge each other of us and of and from all manner of Actions Suits or Claims prosecuted or which may be begun or prosecuted in any Court Ecclesiastical or Civil concerning the premises And in testimony of our free and full consent herein we the said F. D. and J. H. have hereunto subscribed our Names the day of c. An Assignment of Lands taken upon an Extent THis Indenture made the c. between T. H. of c. and W. W. of c. of the one Party and J. B. of c. of the other Party Whereas the said T. H. lately recovered by Judgment in His Majesties Court of Kings Bench the sum of c. against T. C. of B. c. and thereupon the said T. H. in Michaelmas Term last did take and sue forth Execution by Writ of Elegit directed to the then Sheriff of the said County of W. Whereupon by Inquisition and by the Jurors then and there sworn taken by the said Sheriff at the City of c. The day of c. Amongst other things it was found That the said T. C. at the time of the said Inquisition was possessed for and during the term of c. years then to come of and in one Messuage or Tenement and divers parcels of Land Meadow and Pasture to the said Messuage or Tenement belonging or appertaining in C. in the said Parish of c. as his proper Goods Which said term and interest of the said T. C. of or in the said Messuage or Tenement the Jury at the time of the said Inquisition did apprize and value at c. pounds which said term of years the said Sheriff the day of the same Inquisition did deliver to the said T. H. at the price and apprizance aforesaid To hold unto the said T. H. and his Assigns as his proper Goods and Chattels according to the form of the Statute in that behalf made and as parcel of the same debt and damages of the said T. H. recorded as aforesaid And the said Jurors also found That the said T. C was at the time of the said Inquisition seized in his Demeasn as of Fee of and in
or from the said Mannor or any of the Lands Tenements and other the aforesaid premises without any fraud or covin of the said R. D. and B. or either of them their Heirs or Assigns by reason of any Right Title Estate of Interest to be had or made by R. W. the Grand-father or I. W. the Father of the said I. or the said I. or by any other person or persons claiming in by or under their or any of their Estates Titles or Interests That then he the said I. his Heirs Executors or Administrators or some of them shall and will within six moneths next after such eviction so to be had of the said Mannor or of any other the premiles or any part or parcel thereof upon reasonable request to be made at or in the c. well and truly pay or cause to be paid unto the said R. D. and B. their Heirs and Assigns for every Acre five pound and so after that rate and rate-like and that without fraud covin or further delay In witness c. An Indenture to lead the use of a Fine THis Indenture made the c. between F. G. of c. of the one part and R. VV. of c. of the other part VVhereas it is condescended unto and agreed between the said F. G. his Heirs c. and the said R. VV. his Heirs c. that the said F. G. his Heirs shall from time to time during two years next ensuing the date of these Indentures do cause suffer and make such assurance of his Mannors of M. and S. in the County of D. and the Advowson of the Church of A. and of all his Lands Tenements Rents Reversions Services and Hereditaments whatsoever in M. and D. in the County of D. in such manner and form as by the said R. VV. his Heirs and Assigns or his or their Council learned in the Law shall be reasonably devised advised or required at the Costs and Charges of the said R. VV. Now witnesseth this Indenture That the said R. VV. hath devised that the said F. G. at the term of Saint Hillary next ensuing the date above-written shall levy and acknowledge one Fine c. of the said Mannors Lands Tenements Advowsons and all other the premises to the said R. VV. and his Heirs in due form of Law which Fine so to be had levied and executed touching and concerning the said Mannor of M. c. and all the Lands Tenements Meadows Leasows Pastures and Hereditaments with the appurtenances to the said Mannor of M. c. belonging to the said F. G. for himself and his Heirs doth covenant and grant to and with the said R. VV. by these presents shall stand and be to the use of the said F. G. during his life without impeachment of waste and after his Decease to the use of the said R. VV. and D. his wife and of the Heirs of the said R. on the body of the said D. lawfully begotten and for default of such Issue to the right Heirs of the said R. VV. for ever And which Fine to be levied and executed touching and concerning all the residue of the premises the said F. G. for him and his Heirs doth covenant and grant to and with R. VV. by these presents that the said Fine shall stand and be to the use of the said F. G. and I. now his wife and the Heirs of the said F. upon the Body of the said I. begotten And for default of such Issue then to the use of the said R. VV. and D. and of the Heirs of the Body of the said R. and D. between them lawfully begotten and for default of such Issue then to the right Heirs of the said R. VV. for ever In witness c. An Indenture of Demise of divers Lands c. in consideration of a sum of Money paying a Pepper-corn yearly THis Indenture made the third day of May 1649. c. between Sir T. B. of D. in the County of c. Knight and Baronet and M. H. of D. aforesaid Gentleman Servant to the faid Sir T. B. of the one part and Sir W. T. of C. in the County of N. Knight of the other part Witnesseth That the said Sir T. B. and M. H. as well for and in consideration of the sum of c. of lawful money of England to them in hand paid before the ensealing and delivery hereof by the said Sir W. T. whereof and wherewith the said Sir T. B. doth acknowledge himself satisfied contented and paid and thereof and of every part and parcel thereof doth acquir and discharge the said Sir W. T. his Heirs Executors and Administrators and every of them by these presents as also for divers other good Causes and Considerations them hereunto moving Have demised granted and to farm-letten and by these presents do demise grant and to farm-let unto the said Sir W. T. his Executors Administrators and Assigns all those several Closes or parcels of Land Meadow Pasture and Arable called or known by their several Names following That is to say one Close or parcel of Ground called D. containing by estimation c. Acres be the same more or less and one other Close or parcel of Land called E. containing by estimation c. Acres be the same more or less And one Close or parcel of L. and called C. containing by estimation c. Acres be the same more or less c. All and singular which said Closes and parcels of Lands are scituate lying and being within the Fields Parishes Precincts and Territories of H. alias H. in the County of L. and are part and parcel or reputed and taken to be part or parcel of the Mannor of H. alias H. aforesaid And also all singular Messuages Tenements Buildings Orchards Gardens Commons Common of Pasture Waters Fishings Woods Underwoods Trees Bushes Fences Free-boards Wayes Easements and all other Rights Jurisdictions Priviledges Franchises Liberties Profits Conditions Emoluments and Hereditaments whatsoever growing arising being coming or issuing in upon or out of the premises and every part and parcel thereof or to the same or any part thereof belonging or appertaining To have and to hold all and singular the said Closes and parcels of Land and all and singular the premises and every part and parcel thereof with their and every of their Rights Members and Appurtenances unto the said Sir W. T. his Executors Administrators and Assigns from the first day of May last past before the date hereof unto the full end and term of One thousand years from thence next immediately ensuing and fully to be compleat and ended Yielding and paying therefore yearly during the said term unto the said Sir T. B. his Heirs or Assigns one Pepper-corn at the Feast of Saint Michael the Arch-angel only if the same be lawfully demanded And the said Sir T. B. and M. H. for them their Heirs and Assigns do joyntly and severally covenant grant and agree to and with the said Sir W.
other use intent or purpose whatsoever any thing in these presents contained to the contrary thereof in any wise notwithstanding In witness c. An Indenture of Covenants for passing of a Recovery in the Common-Pleas to cut off an Intail THis Indenture made c. between E. C. of c. of the one part and W. O. and J. H. of c. of the other part Witnesseth That it is covenanted granted concluded and agreed by and between the said Parties to these presents and the said E. C. doth covenant and grant to and with the said W. O. and J. H. that he the said E. C. shall and will permit and suffer the said W. O. and J. H. to purchase and sue forth out of the High-Court of Chancery one or more Writ or Writs of Entry sur discesin en le post returnable before the Justices of the Common-Pleas at Westminster at some certain day of Return in Easter-Term next coming by which Writ or Writs the said W. O. and J. H. shall demand against the said E. C. all that Messuage Tenement or Farm with the appurtenances scituate c. which late were in the possession of c. and also all that Close of Pasture-ground commonly called c. containing c. and all that Close of Pasture c. and also all and singular Lands Tenements Rents Reversions Services Commons Profits Commodities Emoluments and Hereditaments whatsoever with all and singular the Appurtenances to the Premises or any part or parcel thereof belonging or in any wise appertaining by such name and names and in such manner and form and by such number and quantity of Acres as the said W. O and J. H. or the survivor of them or the Council learned of them shall be devised or advised to which Writ the said E. C. shall appear personally or by Attorney in the said Court of Common-Pleas enter into the said warranty and imparl and vouch the warranty the Common vouchee who shall after depart in contempt of the Court so as a good perfect recovery shall and may be had in due form and order of Law of the said Messuages Lands c. and all other the premises with the appurtenances according to the usual course of common Recoveries for assurance of Lands and Tenements in the said Court of Common-Pleas and that a Writ of Habere fac ' seisinam shall be thereupon awarded executed and returned accordingly And it is further condescended unto and agreed by and between all the said Parties to these presents That as well the said Recovery so to be had and executed as aforesaid as also all and every other Recovery or Recoveries Conveyances and Assurances whatsoever which before the Feast of c. shall be had and executed by and between the said Parties to these presents or any of them of the said Messuages Lands Tenements and Hereditaments and all and every other the premises with the appurtenances or of any part or parcel thereof by what name or names soever the same shall be so had and executed and the full force and execution of them and every of them shall be and enure and shall be construed adjudged and taken to be and enure to the onely use and behoof of the said W. O. his c. for ever And the said W. O. and J. H. and the survivor of them and the heirs of the survivor of them shall ever from thenceforth stand and be seized thereof and of every part thereof to the only use and behoof of the said W. O. his heirs and assigns for ever and to no other use intent or purpose whatsoever In witness c. An Assignment of a Lease THis Indenture made c. between P. S. of c. and M. his Wife and Executrix of the last Will and Testament of I. C. late of c. deceased on the one part and W. W. of c. Yeoman on the other part witnesseth That whereas T. M. of c. in and by one Indenture of Lease bearing date c. for the consideration therein mentioned did demise grant and to farm-let unto the said I. C. reciting the Grant as in and by the said recited Indenture of Lease amongst divers other Covenants Grants Articles and Agreements therein contained more fully and at large it doth and may appear Now this Indenture witnesseth That the said P. S. and M. his wife as well for and in consideration of the sum of c. to them in hand paid before the ensealing and delivery of these presents by the said W. W. whereof they do acknowledge the Receipt and thereof and of every part and parcel thereof do acquit exonerate and for ever discharge the said W. W. his c. by these presents hath given granted bargained sold assigned and set over and by these presents do give grant c. unto the said W. W. his c. all that parcel of Ground or Garden-Plat with the appurtenances before mentioned and all Houses Edifices Buildings c. and all the Estate Right Title Interest Possession Term of Years to come Claim and Demand whatsoever which they the said P. S. and M. his wife or either of them now have or hath may might should or in any wise ought to have or claim of in or to the said parcel of Ground and Garden-plat and other the premises with the appurtenances and every or any part or parcel thereof by force and vertue of the said Indenture of Lease To have and to hold Habend the said parcels of Ground or Garden-plat and all Houses Edifices and Buildings thereupon or upon any part or parcel thereof now standing or being And also all the said recited Indenture of Lease and all the Estate Right Title Interest Term of Years and all and singular other the premises with the appurtenances in and before by these presents bargained sold assigned and set over or mentioned or intended to be hereby given granted bargained sold assigned and set over and every part and parcel thereof unto the said W. W. his Executors Administrators and Assigns to his and their own proper use and behoof during the residue of the said term in and by the said Indenture of Lease granted and therein now to come and unexpired in as large ample and beneficial manner to all intents constructions and purposes as they the said P. S. and M. his wife or either of them now have or hath may might should or in any wise ought to have and enjoy the same by force and vertue of the said recited Indenture of Lease or otherwise howsoever and the said P. S. and M. his wife for themselves their Executors c. and for either of them and either of their c. doth convenant c. that the said recited Indenture of Lease c. at the time of the ensealing and delivery of these presents is a good sure perfect and indefeizable Lease in the Law of and for the said parcel of Ground or Garden-plat and premises hereby
T. W. his Executors or Assigns do and shall find Diet and Victuals for the said I. B. c. for so long time after the end of the said terms as they shall have been absent as aforesaid according to the true meaning of these presents That then c. A Condition to repay all such Charges as the Tenant shall be at by reason of the payment of his Rent there being controversie concerning the Title of the House THe Condition c. That whereas there is a Controversie or question between the above-bound E. H. and others touching their several right or interest in the now dwelling House of the above-named T. T. scituated c. And whereas upon an agreement between the said E. H. and T. T. the said T. T. is câ—ontented to pay the Rent of the said House it being 50 l. per annum unto the said B. H. as the same shall grow due according to his Lease If therefore the said E. H. his c. do and shall well and truly pay or cause to be paid unto the said E. T. his Executors or Assigns all such Rent sum or sums of Money Charges and Damages whatsoever as shall by due proceeding in Law be adjudged or decreed against him the said T. T. his Executors c. and all other Costs and Damages whatsoever which he the said T. T. shall sustain or be at by reason of any Actions Suits or Forfeitures whatsoever which shall or may happen or be unto the said T. T. his Executors Administrators or Assigns by reason or means of the payment of the said Rent or any part thereof unto the said E. H. his Executors Administrators or Assigns That then c. A Condition to discharge the Church-Wardens and Parishioners of a Child born in the Parish THe Condition c. That whereas one M. H. hath of late been delivered of a Man-child within the Parish of c. within written to the which Child the within-bound E. G. by his own voluntary confession doth acknowledge himself to be the Father If therefore the said E. G. his Heirs Executors or Assigns or every or any of them do from time to time and at all times hereafter full and clearly acquit discharge and save harmless as well the within-named J. B. and H. T. Church-wardens of the Parish-Church of c. aforesaid and their Successors for the time being and every of them as also all the Inhabitants and Parishioners of the said Parish which now are or hereafter shall be for the time being and every of them of and from all and all manner of Costs Charges and Expences whatsoever which shall or may in any manner of wise at any time hereafter arise happen come grow or be imposed upon them or any of them for or by reason or means of the Birth Education nourishing and bringing up of the said Child And of and from all other Actions Suits Charges Troubles Impeachments and Demands whatsoever touching and concerning the same That then c. A Condition for the surrender of Copy-hold Lands and to cause him to be admitted Tenant THe Condition c. That if the within-bounden J. K. and his Heirs do and shall at the next Court to be holden for or within the Mannor of H. in the County of E. sufficiently and in due form of Law surrender and yield up unto or for the use and behoof of the within-named L. M. his Heirs and Assigns or of such other person or persons and their Heirs and Assigns as the said L. M. shall nominate and appoint All that his Copy-hold Messuage or Tenement and Lands thereunto belonging containing by estimation sixteen Acres be it more or less now or late in the Tenure or Occupation of N. O. or of his Assigns parcel of the Mannor of H. aforesaid with all and singular Out-houses Easements Commodities and Appurtenances to the same appertaining clearly acquitted and discharged of all Dowers and titles of Dower whatsoever and do then and there also procure and cause the said L. M. or such other person or persons by him to be nominated as aforesaid to be only and lawfully admitted Tenant of the same premises so to be surrendred according to the custom of the said Mannor That then this c. A Condition for quiet enjoying a Mannor according to an Assignment thereof THe Condition c. That if the within-named R. J. his c. and every of them shall or may lawfully peaceably and quietly have hold occupy and enjoy the Mannor of S. with the appurtenances in the County of O. with all Lands Tenements Profits Priviledges Rents Court-leet and Advowson Woods Under-woods and all other Hereditaments thereunto belonging or appertaining without the let trouble suit eviction disturbance or contradiction of the within-bounden W. G. L. G. and M. G. or any of them their or any of their Heirs Executors Administrators or Assigns or any of them or any other person or persons whatsoever having claiming or pretending to have any manner of Right Title Interest Property Claim or Demand of in or to the said Mannor and Premises aforesaid or of in and to any part or parcel thereof by from or under the said W. G. M. G. and L. G. or either or any of them according to the tenour purport effect and true meaning of one Indenture of assignment bearing date the c. made and sealed by the said W. G. unto the said R. J. of the premises aforesaid as by the said Indenture may appear That then c. A Condition for assurance of Lands THe Condition c. That if the within-bounden W. B. shall upon reasonable request to him to be made by the within-named T. H. his Heirs or Assigns on this side and before the Feast-day of c. next ensuing the date within-written convey and assure unto the said T. H. his Executors and Assigns for ever one Close of Pasture containing by estimation one Acre abutting upon F. towards c. one other Close c. all which premises are scituate lying and being in the Parishes Towns and Fields of W. and G. or in some or one of them in the County of B. by such Conveyances and Assurances in the Law as by the said T. H. his Heirs and Assigns or by his or their Council learned in the Law shall be reasonably devised or advised and required discharged of all Incumbrances whatsoever the chief Rents and Services thereof due and payable to the chief Lord or Lords of the Fee or Fees of the premises only excepted And also if the said W. B. his c. and every of them do and shall until the said conveyance and assurance shall be made and passed as aforesaid quietly permit and suffer the said T. H. his Heirs and Assigns to have receive perceive and take to his and their own proper uses and behoofs the Rents Issues and Profits of all and singular the premises and of every part and parcel thereof without any manner of let suit trouble
Court of Common-Pleas at Westminster acknowledge and levy one Fine Sur conusans de droit comme ceo ont de ils done c. unto the said R. P. his Heirs c. with Proclamation according to the Laws and Statutes of this Realm in that behalf provided of all those Messuages Lands Tenements and Hereditaments with the appurtenances lying and being in P. in the County of E. which by one Deed indented bearing date with these presents are mentioned to be bargained and sold by the said G. S. to the said R. P. his Heirs c. and every part and parcel thereof to the only use and behoof of the said R.P. and of his Heirs and Assigns for ever according to the true intent and meaning of the same Deed as by the said R. P. his Heirs or Assigns or by his or their Council learned in the Law shall be reasonably devised and required That then c. A Condition to deliver an Obligation by a day THe Condition c. That whereas the within-named T. M. by his Obligation bearing date c. and standeth bound unto the within-bounden P. F. in the sum of 100 l. with Condition c. as by the same Obligation may appear if therefore the said P. F. his Executors Administrators or Assigns do or shall on or before the c. next ensuing the date within-written deliver or cause to be delivered unto the said T. M. his Executors Administrators or Assigns the said recited Obligation cancelled or to be cancelled That then c. A Condition to pay Money during life THe Condition c. that if c. W. W. his Executors Administrators or Assigns or any of them do or shall yearly for during the natural life of A. W. of c. well and truly pay of cause to be paid unto the within-named W. M. his Executors Administrators or Assigns for and towards the maintenance of the said A. the sum of c. at or in c. on four dayes in every year That is to say on the c. by even and equal portions the first payment thereof to be made and begin on the c. next ensuing the date within-written he the said W. W. his Executors Administrators or Assigns every such payment sealing and delivering to the said W.W. his Executors Administrators or Assigns to his and their use a sufficient acquittance and discharge in writing under his Hand and Seal of the money so paid and so from time to time received That then this c. A Condition to assign over a Lease by a day THe Condition c. that if c. J. W. in consideration of 300 l. to him in hand paid by the within-named P. C. do and shall on this side and before c. next ensuing the date within-written at the Costs and Charges in the Law of the said P. C. his Executors Administrators or Assigns by good conveyance and assurance in the Law grant convey and assure unto such person and persons as the said P. C. shall nominate and appoint as well one Indenture of Lease made by and from A. B. to the said J. W. bearing date c. and all Lands Tenements and Hereditaments therein and thereby demised and granted as also all the Estate Right Title Interest Rent Reversion Property Claim and Demand whatsoever of him the said J. W. of in or to the premises clearly discharged of all Incumbrances whatsoever done or to be done by the said J. W. or any by his means consent or procurement except one Lease heretofore made by the said J. W. to one T. T. of the premises whereupon the yearly Rent of 100 l. is reserved which said yearly Rent shall or may from henceforth be paid to the said P. C. or such person or persons as he shall name or appoint during the continuance of the said Lease and if the said J. W. do and shall permit and suffer the said P. C. and his assigns from time to time and at all times hereafter to have receive and take the Rents Issues and Profits of the premises without the let or denial of the said J. W. or his Executors That then c. A Condition for quiet enjoying of a Messuage THe Condition c. that if the within-named J. M. his Heirs and Assigns and every of them shall and may for ever from henceforth peaceably and quietly have hold use occupy possess and enjoy all that Messuage or Tenements and Lands scituate lying and being in c. and every part and parcel thereof mentioned to be bargained and sold by the within bound R. W. to the said J. M. in and by a certain Indenture of Bargain and Sale bearing date the day of the date within-written made between the within bound R. W. and A. his wife on the one part and the above-named J. M. on the other part clearly discharged or otherwise sufficiently saved and kept harmless of and from all and all manner of Estates Titles Troubles Charges and Incumbrances whatsoever or any time heretofore had made committed permitted suffered or done by the said R. W. and A. his wife or either of them or by his or their means or procurement That then c. A Condition not to do any act to prejudice the Estate of the Obligee in a Lease c. THe Condition c. That if the within-bound R. R hath not done nor that he his Executors or Administrators at any time hereafter shall wittingly or willingly do or assent unto any manner of act or acts device or devices whereby or by reason whereof the interest estate and term of years which the within-named H. B. hath of in or to any the Messuages Lands Grounds Tenements or Hereditaments called c. or any part or parcel thereof is or shall be alienated bargained sold assigned determined avoided or incumbred or whereby one Obligation or Deed obligatory bearing date the c. last past before the date within-written is or shall be discharged released and made void or lose any manner of force or strength except it be by and with the assent consent and agreement of the within-named H. B. his Executors or Administrators wherein one R. A. Citizen c. standeth bound to the said R. R. in the sum of c. with a certain condition thereupon endorsed touching the Messuages Lands and Tenements called c. as by the same may appear That then c. A Condition to pay Rent during a Lease parol and at the end to depart leaving the Goods and Houshold-stuff mentioned c. THe Condition c. That whereas the above-named T. L. hath by Lease parol set and to farm-let to the above-bound T. D. all that Capital Messuage c. for the term of c. to be reckoned and accounted from the c. at and for the yearly Rent of c. of lawful c. payable in form following that is to say on the c. If therefore the said T. D. his Executors Administrators Under-Tenants
be so made or to any other to their use and uses and the counterparts of the same for us and in our names to accept and receive And also all such Fines and other sum and sums of Money as shall grow due for the same for us and in our names and to the use of us the said G. S. and E. M. to collect gather receive and take and all such Rents Duties Heriots arrerages of Rents and profits of Courts as are already or hereafter shall be due or payable for out of or concerning the premises or any of them to receive Giving and by these presents granting to our said Attorneys and either of them our full power and lawful authority touching and concerning the premises to do execute proceed and finish in all things in as ample manner and form to all intents and purposes as we the said G. S. and E. M. or either of us might or ought to do if we or either of us were then and there personally present And ratifying and allowing all and whatsoever our said Attorneys or either of them shall do in or about the premises or any of them according to the true intent and meaning of these presents In witness c. A Letter of Attorney to deliver a Lease upon the Land TO all c. I J. M. of c. Whereas I the said J. M. have subscribed and sealed one writing bearing date with these presents and hereunto annexed purporting a Demise unto W. W. of c. of all that the Mannor of G with the appurtenances in the County of Y. and of one Messuage 300 acres of Land 100 acres of Meadow 200 acres of Pasture and 100 acres of Wood with the appurtenances in C. aforesaid now or late in the Tenure or Occupation of W. C. his Assignee or Assignees To have and to hold the said Mannor and all other the premises unto the said W. W. his Executors or Assigns for the term of five years under the yearly Rent of c. as by the said Deed indented may appear Now know ye That I the said J. M. for divers good Causes and Considerations me hereunto especially moving have made ordained constituted and authorized and in my place and stead by these presents have nominated and put W. G. of c. my true sufficient and lawful Attorney for me and in my name into all that the said Mannor of C. and into the said Messuage 300 acres of Land 130 acres of Meadow 200 acres of Pasture and 100 acres of Wood with the appurtenances and into every or any part or parcel thereof in the name of the whole to enter and peaceable and quiet possession and seisin thereof for me and in my name to take and for every such possession and seisin thereof or any part thereof had and taken as aforesaid for me and in my name as my act and deed to deliver unto the said W. W. or his certain Attorney upon some part of the aforesaid premises the said Writing or Deed indented subscribed and sealed as aforesaid And all and every other act and thing requisite and necessary to be done in about or concerning the premises for me and in my name to do or cause to be done In witness c. A Letter of Attorney to keep Court KNow all men by these presents That we P. L. and H. S. of c. do hereby authorize constitute and appoint G. C. of c. Gent. our lawful Deputy and Attorney for us and in our names to appoint a Steward and Bayliff of and for our Mannor of B. and H. and by himself or his sufficient Deputy to and for our use to keep Courts within the said Mannors or either of them and to give admittance upon alienation or death to take and receive Attornments of all and every the Tenants thereof and to and for our use to assess Fines upon such admittances and for us and in our names and to our use to receive the said Fines and also such Heriots as shall be due upon such death or alienation and likewise to receive all Rents and arrerages of Rents and also all Amerciaments Perquisites and Profits that shall arise or grow due to us or any of the said Courts We do also further authorize and appoint the said G. C. to gather take up and seize to our use all Wayfes Estrayes Deodands Out-laws and Felons Goods which shall happen to arise be due or fall within the said Mannors or either of them Given under our Hands and Seals the c. In the c. A Letter of Attorney to take possession of Lands newly purchased BE it known unto all men by these presents That I J. H. Citizen c. have made ordained constituted authorized and appointed and by these presents do make ordain constitute authorize and appoint and in my stead and place by these presents put T. C. of c. my true sufficient and lawful Attorney for me and to my use to take and receive peaceable and quiet possession and seizin of and in all that Messuage or Tenement and all and singular the Lands and Premises thereunto belonging with the rights members and appurtenances situate lying and being in c. lately bargained and sold by B. P. unto me the said J. H. and the same possession so had and taken to detain and keep to the only use and behoof of me the said J. H. my Heirs and Assigns according to the tenour and true meaning of the Indenture whereby the said premises are conveyed unto me ratifying allowing and confirming all and whatsoever my said Attorney shall lawfully do or cause to be done in or about the premises by these presents In witness c. A Letter of Attorney for a Steward of a Mannor to receive Rents with authority to impound and distrain TO all c. I G. K. of c. send greeting in our Lord God everlasting Know ye That I the said G. K. for and in consideration of the special trust and confidence which I have and do repose in my well-beloved Friend C. P. of c. Gent. have made ordained constituted authorized and appointed the said C. P. my true sufficient and lawful Attorney for me and in my name stead and place to the only proper use and behoof of me the said G. K. my Executors and Administrators to collect gather demand and receive of all every or any my Tenants or Farmers of all every or any my Lordships Mannors Lands Tenements and Hereditaments whatsoever in the County of G. all and every such sum and sums of Money Rents arrerages of Rents Amerciaments Heriots Fines Issues and Profits whatsoever as shall any wise grow due accrue be issuing or payable unto me the said G. K. out of all or any my said Lordships Mannors Lands Tenements and Heredital â—ents And upon the receipt of all every or any such sum or sums of Money Rents and Profits for me and in my name to make and give acquittances or
consideration of a Marriage by Gods permission shortly to be had and solemnized between the said P.M. and one F. Daughter of E. T. of c. and for divers other good causes and considerations him the said J. M. especially moving it is concluded covenanted granted and agreed by and between the said Parties to these presents And the said J.M. on his part for himself his Heirs Executors and Administrators doth by these presents covenant and grant to and with the said E. F. and G. M. and either of them and the Executors and Administrators of them and either of them that for the considerations aforesaid he the said J. M. and his Heirs and all and every other person and persons now standing or being seized or that hereafter shall stand and be seized of and in all that the Mannor of S. in the County of B. with all and singular the rights members and appurtenances thereof and of and in all and singular Messuages Tenements Houses Buildings Orchards Lands Meadows Leasows Pastures Feedings Commons Mills Woods Under-woods Advowsons Reversions Rents Services Wastes Estrayes Royalties Liberties Priviledges Jurisdictions Hereditaments and all other the rights members and appurtenances whatsoever to the said Mannor and Lands incident belonging or in any wise appertaining or accepted reputed taken or known or occupied demised or letten as part parcel or member thereof shall from thenceforth stand and be seized of and in the same Mannor Lands Tenements Hereditaments and all other the premises and of and in every part and parcel there of with the appurtenances to the uses intents and purposes hereafter in these presents mentioned and expressed and to none other use intent or purpose whatsoever That is to say unto and for the use of the said J. M. until the said Marriage shall be had and solemnized between the said P. M. and F. and immediately from and after the said Marriage so had to the use of the said P. M. and F. and of the Heirs males of the said P. M. on the body of the said F. lawfully begotten and for default of such Heirs males to the use of the right Heirs of the said J. M. for ever And further the said J. M. doth by these presents covenant and grant for him his Heirs Executors Administrators and Assigns and every of them to and with the said E. F. and C. M. and either of them their Heirs Executors Administrators and Assigns in manner and form following That is to say That the said Mannor Lands Tenements and Hereditaments and all other the premises with their appurtenances now are and be and at all times hereafter and from time to time shall and may continue remain and be clearly acquirted exonerated and discharged or otherwise well and sufficiently saved and kept harmless by the said J. M. his Heirs Executors c. or by some or one of them at his and their own proper costs and charges of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Joyntures Dowers Titles of Dower Uses Wills Entails Rents Charge-Rents Seck arrerages of Rents Titles Recognizances Statutes-Merchant and of the Staple and of and from all other Charges Incumbrances and Demands whatsoever had made committed or done by the said J. M. or by his Heirs or Assigns or by any other person or persons or by his or their assent consent means privity or procurement The Rents and Services which from thenceforth shall grow due to the chief Lord or Lords of the Fee or Fees of the premises and all lawful Leases or Grants heretofore made or granted of the premises or of any part thereof which shall not continue above four years or thereabouts next after the date hereof whereupon several yearly Rents are reserved amounting in the whole to c. which shall be yearly payable to the said P. M. and F. and the Heirs males of the said P. M. for and during the continuance of the said Leases and Grants only excepted and foreprized And that the said Mannor and other the premises at the end and determination of the said Leases and Grants shall remain and from thenceforth shall and may continue and be unto the said P. M. and F. and the Heirs males of the said P. M. of the clear yearly value of c. or thereabouts And moveover that he the said J. M. his Heirs c. shall and will at this time and from time to time during the space of one whole year next after the said Marriage had and solemnized when as often as he or they or any of them shall be thereunto reasonably required by the said E. F. and G. H. or either of them their Heirs or Assigns or any of them do make knowledge levy and execute or cause and suffer to be made done knowledged levied and executed all and every such further act and acts thing and things device and devices assurance and assurances in the Law whatsoever be it by Deed or Deeds inrolled or not inrolled Fine with Proclamation Feoffment Recovery with Vouches and Vouchers release or confirmation with warranty against the said J. M. and his Heirs or otherwise or without warranty or by all or so many of the wayes means and devices aforesaid or by any other wayes or means whatsoever as by the said E. F. or G. H. or either of them their Heirs or Assigns or by their or any of their Council learned in the Law shall be reasonably devised or advised and required at the costs and charges only in the Law of the said P. M. for the further better and more perfect assurance surety sure-making and conveying of the said Mannors Lands Tenements and Hereditaments and all and singular other the premises with the appurtenances in and by these presents mentioned and intended to be conveyed and assured in manner and form above in these presents declared and every part and parcel hereof unto the said E. F. and G. H. to the uses intents and purposes above in these presents mentioned and to no other uses intents or purposes whatsoever In witness c. An assurance of a Joynture made before Marriage with special Covenants concerning Children by a former Husband THis Indenture made c. between R.L. of c. of the one part and A. B. and J.G. of c. of the other part Witnesseth That in consideration of a Marriage shortly to be had and solemnized between the said R. L. and A. H. late Wife of c. deceased for the future good and advancement of the said A. H. and in testimony of the singular good will and affection which he the said R. L. hath and beareth to the said A. H. and for divers other good and weighty considerations him the said R. L. thereunto especially moving it is covenanted granted concluded and fully agreed upon by and between the said Parties to these presents in manner and form following That is to say And the said R. L. for himself his Heirs Executors and Administrators
and every of them doth covenant promise and grant to and with the said A. B. and J. G. and either of them and the Executors c. of them and either of them by these presents that he the said R. L. his Heirs and Assigns shall and will from and after the Feast of Saint Bartholomew the Apostle and from and after the said Marriage so had and solemnized stand and be seized of and in all that the Site or Seat of the Rectory or Parsonage of East-Church and of and in all Houses and Buildings thereupon built standing or being And of and in one Field or Close of Pasture with the appurtenances thereunto adjoyning containing together with the said Scite of the said Rectory by estimation forty acres be it more or less And of and in a parcel of Ground called Harleys Spring containing by estimation one acre c. And of and in one Meadow containing by estimation forty acres be it more or less And of and in one piece of Ground called Reeds Meadow containing by estimation nine and twenty acres be it more or less And of and in one Field called Frogs-Field containing by estimation two and fifty acres be it more or less And of and in one parcel of Land called Parsonage Hill-field containing by estimation 37 acres be it more or less And of and in all those Lands Closes Meadows Feedings and Pastures called or known by the name or names of Stone-pit and Stone-pike containing in the whole by estimation four hundred acres be they more or less And of and in one other piece of Land called Bercon-field containing by estimation twenty nine acres be it more or less And of and in one Cottage with one Rood of Land thereunto belonging or occupied with the same in which Cottage or House one R. D. did lately dwell All which premises are scituate lying and being in E. aforesaid and now are in the occupation of c. and of and in all other the Lands Tenements Rents Reversions Services and Hereditaments of the said R. L. in the said Parish of E. in the said County of K. to the onely use and behoof of the said R. L. and the said A. and of the Heirs and Assigns of the said R. L. for ever for the Joynture of the said A. if the said A. shall happen to survive and over-live the said R. L. And the said R. L. doth covenant and grant for himself his Heirs Executors Administrators and Assigns by these presents to and with the said A. B. and J. G. and either of them and the Heirs Executors and Administrators of them and either of them in manner and form following That is to say That he the said R. L. his Heirs Executors Administrators or Assigns shall and will at all time and times hereafter and from time to time sufficiently save and keep harmless and indempnified the said Site Lands Tenements and Hereditaments and all other the premises and every part and parcel thereof of and from all former and other Bargains Sales Gifts Grants Leases Statutes-Merchant and of the Staple Recognizances c. and of and from all other Charges Troubles and Incumbrances whatsoever had made committed or done by the said R. L. or by any other person or persons whatsoever by his means title consent or procurement the Rents and Services from thenceforth to grow due to the chief Lord or Lords of the Fee or Fees of the premises only excepted and fore-prized and that the said Site Lands Tenements and other the premises now be of the clear yearly value of 200 l. over and above all charges and reprizes And further that the said R. L. and all and every other person and persons and his and their Heirs lawfully having claiming or rightfully pretending to have any Estate Right Title or Interest of in or to the said Scite Lands Tenements and all other the premises or any part or parcel thereof by or from the said R. L. shall and will from time to time and at all times hereafter during the space of two years next ensuing the date hereof further do make acknowledge and execute all and every such other reasonable act and acts thing and things device and devices assurance and assurances in the Law whatsoever as by the said A. B. and J. G. or either of them or the Executors or Assigns of either of them or their or any of their Council learned in the Law shall be reasonably devised or advised and at the costs and charges of the said R. L. his Heirs Executors or Administrators for the better and more perfect assuring and making sure of all and singular the premises to the said A. for term of her life only in form aforesaid so that there be not any other or further warranty therein comprised than only against the said R. L. and his Heirs And further it is covenanted granted and agreed by and between the said Parties to these presents and the said R. L. doth covenant c. to and with c. that all Feoffments Fines Conveyances and Assurances to be had made knowledged done suffered or executed by the said R. L. during the life of the said A. H. shall be to the uses intents and purposes aforesaid and to none other c. And further that she the said A. from and after the decease of the said R. L. during her natural life shall or may have hold and quietly enjoy the said Lands Tenements Rents Reversions Services and all other the premises without any lawful let suit trouble eviction interruption or disturbance of the Heirs and Assigns of the said R. L. or of any other person or persons whatsoever lawfully claiming by from or under the said R. L. his c. And further it is covenanted c. by and between the c. and the said R. L. doth covenant c. in manner c. that he the said R. L. his Heirs Executors or Administrators shall not at any time or times hereafter inter-meddle with have receive or take the portion or portions legacy or legacies sum or sums of money pertaining or belonging given and bequeathed due or to be due to W. H. T. H. and J. H. the Children of the said c or any of them or with the increase and profits thereof or by reason of the same arising coming or growing or that shall hereafter arise come or grow of the same or any part or parcel of the same increase other than such parcel thereof as by covenant hereafter in these presents expressed is yearly to be paid unto the said R. L. or his Assigns for and towards the charges of bringing up the said Children but shall permit and suffer the said J. G. to have the ordering and disposing of the said increase and profits coming of the portions aforesaid for the benefit of the said Children by the appointment of the said A. and that he the said R. L. shall upon reasonable request deliver or cause to be delivered
said J. H. well and truly satisfie and pay or cause to be satisfied and paid unto the said J. D. his Executors Administrators or Assigns at the said Brew-house all such Arrerages Debts Sum and Sums of Money as the said J. H. shall be found to be indebted and to â—â—e unto the said J. D. his Executors or Assigns or any of them at the time of such decease of him the said J. H. without fraud or coven That then this c. or else to c. The End of the First Part. Part 2. A Deed of Joynture whereby Tho. N. in consideration of a Marriage intended between Tho. his Son and Sarah Mer. granteth and infeoffeth Lands to Friends in trust under a Proviso to be void upon Assurance of other Lands by John N. Heir of Thomas the Father of as good value and to the like uses THis Indenture made the first day of June in the year of our Lord God according to the computation used in England 1651. between T. N. of c. of the one part and I. I. H. E. and S. R. of the other part witnesseth That the said T. N. for and in consideration of Marriage already agreed upon and shortly by Gods Grace to be had and solemnized between T. N. second Son of the said T. N. and Sarah M. single-woman Daughter of M. N. late of c. deceased and for the love and affection which he beareth to his said Son and for a competent Joynture to be had and provided to and for the said Sarah and for provision of maintenance for her and for setling the Inheritance of the Lands and Tenements herein after-mentioned to such use and uses and upon such trusts and confidence as are herein declared limited or expressed and for divers other good considerations him moving hath granted enfeoffed released and confirmed and by c. unto the said I. I. H. and R. and to their Heirs and Assigns for ever all that Messuage or Tenement with the appurtenances situate c. and one Yard-land Meadow or Pasture to the said Messuage or Tenement belonging that is to say one Close c. and also all Houses Edifices Buildings Barns Stables Orchards Gardens Back-sides Courts void Grounds Lands Meadows Leasows Feedings Pastures Commons Woods Under-woods Trees Hedges Rowes Wayes Waters Ponds Pools Fishings Fishing-places Profits Commodities Hereditaments and Appurtenances whatsoever to the said Messuage Tenement yard-Yard-land and Premises or any part or parcel thereof now or at any time heretofore belonging or appertaining and all Rents Reversions Remainders and Services of the said premises and every part thereof To have and to hold the said Messuage or Tenement and all and singular other the premises before mentioned meant or intended to be granted infeoffed and confirmed and every part and parcel thereof with the appurtenances to the said I. I. H. E. and S. R. to their Heirs and Assigns for ever to the only use intents and purposes hereafter in these presents limited expressed and declared and to none other use intent or purpose that is to say to the use and behoof of the said I. I. H. E. and R. S. and of their Heirs until the solemnization of the said Marriage between the said T. N. and Son and Sarah the M. and from and after the solemnization of the said Marriage to the use and behoof of the said I. I. H. E. and S. R. and of their Heirs for and during the natural life of the said Sarah and from and after the decease to the use and behoof of the said T. N. her Son for and during the term of his natural life and from and after the death of the said Sarah M. and T. N. to the use and behoof of the Heirs of the Body of the said Sarah M. by the said T. N. the Son begotten and to be begotten and for default of such Heirs to the use and behoof of the said T. N. the Son and of the Heirs of his Body and for default of such Heirs to the use of the said T. N. the Father and of his Heirs and Assigns for ever and the said T. N. the Father for himself his Heirs Executors and Administrators and every of them doth covenant promise and grant to and with the said I. I. H. E. and S. R. and every of them their and every of their Heirs and Assigns by these presents that he the said T. N. the Father at the time of the ensealing and delivery thereof is the true and lawful Owner of the Messuages Tenement and Premises and every part thereof and of and in the same and every part and parcel lawfully and rightfully seized of a good Estate of Inheritance in Fee-simple and also that he the said T. N. the Father at the time of the ensealing and delivery hereof hath full Power good Right and lawful Authority to grant convey and assure the said premises and every part thereof to the said I. I. H. E. and S. R. their Heirs and Assigns in manner and form aforesaid according to the true intent and meaning thereof and that the said Messuage Tenement and Premises and every part and parcel thereof with the appurtenances now be and are and so from time to time and at all times hereafter for ever shall or may be remain and continue unto the uses intents and purposes aforesaid and according to the true intent and meaning hereof clearly acquitted and discharged of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Mortgages Joyntures Statutes Recognizances Judgments Extents and of and from all other Titles Charges Troubles and Incumbrances whatsoever had made done committed or suffered to be done by him the said T. N. the Father or by any other person or persons whatsoever except one Indenture of Lease bearing-date c. made and granted of the premises by T. H. to the said N. H. and M. his Wise and to M. their Daughter for term of their Lives successively one after another at and under the yearly Rent of Forty shillings of lawful money of England quarterly to be paid by even portions and also except one other Lease or Indenture bearing date c. made and granted of the said premises by the said T. N. the Father of G. M. c. for One thousand years with a Proviso to be void upon payment made of certain sums of money at certain times therein mentioned whereof only one day is past and the money then due is paid and without any let interruption challenge claim disturbance or incumbrance of or by him the said T. N. the Father or his Heirs and without any lawful let or interruption challenge claim disturbance or incumbrance of or by him the said T. N. or any other person or persons claiming or to claim by or under him or his Estate Right Title or Interest except such as shall or may claim by or under the Leases before excepted or either of them and for the term thereby granted only and
conveying of Hesters third part to J. F. and his Heirs suffer a recovery and by this Deed together with the Tenants of the Free-bold and the Recoverors direct the use of the same Recovery THis Indenture Tripartite c. Between Sam. N. c. and Hest his Wife one of the Daughters and Co-heirs of W. K. late of c. deceased of the first part J. F. the younger of c. of the second part and T. Y. of c. and N. L. and B. T. of the third part witnesseth That whereas the said S. N. and Hester his Wife in the right of the said Hester were at the beginning of the Term of St. Michael now last past and before seized in Fee-rail with divers remainders over of and in one full third part the whole into three equal parts to be divided of all that Tenement c. containing by estimation one Yard-land with the appurtenances set lying and being in Dundry aforesaid in the said County of Somerset and of and in all Houses Edifices Buildings Barns Stables Orchards Gardens Backsides Lands Tenements Meadows Leasows Pastures Commons Common of Pasture Woods Under-woods Profits Commodities Emoluments and Hereditaments whatsoever to the said Messuage and Premises or any of them or to any part and parcel of them belonging or in any wise appertaining and whereas the said S. N. and H. his Wife being so seized as aforesaid since the beginning of the said last Term of Saint Michael did for and in consideration of the sum of 100 l. of c. to them by the said J. F. before the ensealing and delivery hereof well and truly paid and satisfied whereof they do hereby acknowledge the receipt and thereof and of every part and parcel thereof do clearly acquit and discharge the said J. F. his Heirs Executors and Administrators by these presents conclude and agree to and with the said J. F. to convey and assure to the said J. F. his Heirs and Assigns for ever to the only and proper use and behoof of him the said J. F. his Heirs and Assigns for evermore the one full third part of all and singular the Tenement Cottages Lands and Premises before in these presents mentioned or expressed and of all and singular other the Messuages Lands Tenements and Hereditaments whatsoever within the Parish of Dundry and Chiew aforesaid or either of them whereof the said William King the younger Father of the said Hester in his life-time and at the time of his death was seized of an Estate of Inheritance by such wayes means and assurance in the Law as by the Council of the said J. H. should be advised and thought meet and whereas it was advised and thought meet by the Council of the said I. F. and concluded and agreed by and between the said Parties to these presents that a common recovery with double Voucher should be suffered and executed of the said third part by the said S. M. and H. his Wife of the Messuages Tenements Cottage Land and Premises before in these presents mentioned or expressed for the cutting off the said intail and barring all remainders and for the assuring and setling of the Inheritance of the same third part to and on the said I. F. his Heirs and Assigns for ever in pursuance of which said advice conclusion and agreement they the said S. N. and Hester his Wife by their Deed indented bearing date the first day of this instant Moneth of November and inrolled in the High Court of Chancery the nineteenth day of the same Moneth made between them the said S. N. and Hester of the one part and the said T. Y. of the other part have granted bargained and sold to the said T. Y. and his Heirs one full third part the whole in three equal parts to be divided of all and singular the Tenement Cottage Lands and Premises before in these presents mentioned or expressed and of all and singular other the Lands Tenements and Hereditaments whatsoever within the Parishes of Dundry and Chiew aforesaid or either of them whereof the said W. King the younger Father of the said Hester in his life-time and at the time of his death was seized of an Estate of Inheritance and the Rents Reversions and Services thereof to be had and holden to the said T. Y. perfect Tenant of the Free-hold of the premises that a good perfect and common recovery with double Voucher might thereof be had and executed in pursuance of and according to the said conclusion and agreement and whereas afterwards in the same Term of St. Michael according to the conclusion and agreement aforesaid the said N. L. and B. T. did pursue out of the said Court of Chancery one Writ of Entry sur disseisin en le post returnable before the Justices of the Court of Common-Pleas at Westminster whereby the said N. L. and Ben. T. demanded against the said T. Y. the said part of the Messuage Tenement Cottage Lands and things herein before mentioned or expressed and by the said conclusion and agreement meant or agreed to be assured or conveyed to the said J. F. and his Heirs as aforesaid by the names of the third part of two Messuages of thirty acres of Land of ten acres of Meadow of thirty acres of Pasture of three acres of Wood and Common of Pasture with the appurtenances in Dundry and Chiew in the County of Somerset to which Writ the said T. Y. appeared in person and after declarations against him by the said N. L. and B. T. he the said T. Y. appeared in person at the Bar of the said Court and vouched to warranty the said S. N. and H. his wife who likewise appeared in person and did enter in the warranty and afterwards vouched over the common Vouchee who did likewise appear in person and after declaration against him made defence and afterwards made default whereby several Judgments were had according to the course of common recoveries used in the said Court of Common-Pleas witnesseth now further this present Indenture and it is hereby explained declared and expressed that the true intent and meaning of all the said Parties to these presents before and at the time of the suffering the said recovery was and ever since hath been and yet is that the said recovery and the whole execution thereof should and for ever hereafter shall be and enure and the said recoveries and their Heirs shall for ever hereafter stand and be seized of and in the said third part of the said Tenement Cottage Lands and Premises before-mentioned with the appurtenances to and for the only proper use and behoof of him the said J.F. and of his heirs and assignes for ever and to or for none other use intent or purpose whatsoever for that end purpose according to the advice of the Council and the conclusion and agreement aforesaid the said S. N. and H. his wife for them and their Heirs and every of them do and either of them doth by these
presents remise release and quit-claim all Errors Writ and Writs of Error cause and causes of Error Misprisions and Mis-entries and Demands which they the said S. H. or either of them their or either of their heirs have or hereafter may or ought to have for or by reason of any Errors Imprision Mis-entry Erroneous obtaining or prosecution of the said Writ of Entry and Judgments aforesaid or any of them or other matter or thing whatsoever in or about or any way touching or concerning the said recovery or any the proceeding or prosecution thereof And the said S. N. for himself his Heirs Executors and Administrators and for every of them doth covenant promise and grant to and with the said J. F. his Heirs and Assigns and to and with every of them by these presents that he the said S. N. and H. his Wife at the time of the ensealing and delivery of the said recited Deed made to the said T. Y. and before mentioned to be enrolled as aforesaid were lawfully and rightfully seized in the right of the said H. of and in one full third part the whole in three equal parts to be divided of all and singular the Tenement Lands and Premises before herein mentioned in Fee-simple or Fee-tail and at the time of the ensealing the said Deed as aforesaid had full power good right and lawful authority to grant convey settle and assure the said third part in manner and form aforesaid according to the true intent and meaning of these presents and also that the said third part of the said Tenement Land and Premises before herein mentioned or intended to be conveyed setled or assured to the said J. F. as aforesaid now be and are and so from time to time and at all times hereafter for ever shall or may be remain and continue unto the said J. F. his Heirs and Assigns according to the limitation aforesaid and the true intent and meaning of these presents clearly acquitted exonerated and discharged or otherwise by them the said S. N. and Hester their Executors or Administrators well and sufficiently saved and kept harmless of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Mortgages Estates Joyntures Dowers Wills Covenants Entails Statutes-Merchant and of the Staple Recognizances Judgments Executions Extents Debts to the Common-wealth Sequestrations Debts of Record Fines Issues Amerciaments and of and from all other Titles Charges Troubles and Incumbrances whatsoever at any time heretofore had made done committed or suffered to be done or at any time hereafter to be had made done committed or suffered to be done by the said S. N. and Hester William King the younger and William King the elder Father and Grand-father of the said H. K. or any of them or by any other person or persons whatsoever claiming or to claim from by or under them or any of them and the said S. N. for himself his Heirs Executors and Administrators and every of them doth further covenant promise and grant to and with the said I. F. his Heirs and Assigns and every of them by these presents that he said I. F. his Heirs and Assigns and his and their Farmers and Tenants shall or lawfully may from time to time and at all times hereafter for ever peaceably and quietly enter into have hold use occupy possess and enjoy one whole third part of all and singular the Tenements Lands and Premises before mentioned and take receive and enjoy the Rents Issues and Profits thereof to his and their own use without any let interruption challenge claim disturbance or incumbrance of or by them the said S. N. and Hester or either of them their or either of their Heirs c. or of or by any other person or persons whatsoever lawfully claiming or having or pretending to have any lawful estate right title interest or thing of in to or out of the said granted third part from by or under the said Hester and he the said Father and Grand-father or any of them And further that the said S. For better assurance N. and Hester his Wise and the Heirs of the said Hester shall and will from time to time and at all times hereafter upon the reasonable request and at the costs and charges in the Law of the said I. F. his Heirs and Assigns make do suffer execute and acknowledge or cause to be made done suffered executed and acknowledged all and every such reasonable and lawful acts thing and assurances in the Law whatsoever for the further and better setling assuring sure-making and conveying to the said J. F. his Heirs and Assigns for ever according to the true intent and meaning of these presents the said third part before hereby mentioned or intended to be conveyed and assured of and in the Tenements Lands and Premises aforesaid by such wayes and means in the Law as by him the said J. F. his Heirs or Assigns or by his or their Council learned in the Law shall be in that behalf reasonably devised or advised and required for the making whereof the said S. N. or Hester shall not be compelled to travel above twenty miles from the place of his her or their dwelling or abode at the time of such request to be made nor to enter into any further or more general warranty or acquital than is herein comprized and the said S. N. and H. his wife for the considerations aforesaid have granted bargained and sold and by c. to the said J. F. his Heirs and Assigns all Deeds Charters Writings and Evidences which do touch or concern the premises aforesaid or any part thereof and all the Right Title and Demand of them the said S. and H. of in and to all and every or any the same Deeds Evidences and Writings In witness whereof all the said Parties have to each part of this Indenture Tripartite c. W. B. being possessed of Lands c. for a term of years the Inheritance of which Lands in Fee-simple were conveyed to R. R. and W. B. in trust to be disposed of as W. B. and his wife shall appoint contracts with W. for sale the assurance advised thus That for keeping on foot the term and preventing Incumbrances the term should be granted to W. D. himself and the Inheritance to W. D. his Son the Inheritance is conveyed to the Son as followeth THis Indenture c. between W. B. of c. R. R. and W.K. of c. of the one part and W. D. and W. D. of c. witnesseth That for and in consideration of the sum of c. to the said W. B. by the said W. D. the elder before the ensealing hereof paid as well for certain terms and interests by the said W. B. to him the said W. D. already made and granted of the parcels of Land herein after granted as for the Inheritance thereof hereby intended to be granted and conveyed the said R. R. and W. K. at the
request of the said W. B. and by the appointment and with the atturnment of the said W. D. the elder have and either of them hath granted bargained sold aliened and confirmed and by c. to the said W. D. the Son and his Heirs all that Messuage Tenement c. and all Rents Reversions Remainders and Services of the said premises and all their and either of their Right Title Interest Challenge Claim and Demand whatsoever of in and to the same premises to have hold and enjoy the said c. unto the said W. D. the Son his Heirs and Assigns for ever to his and their own use for evermore to be holden of the chief Lord or Lords of the Fee or Fees of the premises by the Rent and Services therefore due and of right accustomed and it is concluded and agreed by and between the said Parties that neither these presents nor any thing therein contained shall extend to be construed to extend to bind or charge the said R. R. and W. K. or either of them their or either of their Heirs touching the premises otherwise than against his and their own acts respectively In witness whereof c. Note That in respect of the Atturnment of Tenant the Estate of Inheritance passeth legally without Livery B. M. being seized of Lands jure uxoris she being a Co-heir purchaseth of J. B. to whom the Estates of the other Co-heirs is come all the Lands the Conveyance is by recovery concluded to be suffered by J. B. THis Indenture c. Between J. B. of c. Son and Heir of William Beaumont late of c. deceased and M. his Wife one of the Daughters and Co-heirs of D. S. Gent. deceased of the one part and B. M. of c. William H. J. H. of c. and Rich. C. of c. of the other part witnesseth That the said John Beaumont for and in consideration of the sum of 200 l. of c. to him by the said B. M. before c. whereof c. hath agreed to grant convey and assure to the said B. M. his Heirs and Assigns for ever all that toft and eight acres of Land by estimation be they more or less called c. and also Common Pasture for six young Beasts and one House with the appurtenances in Wickware Heath all which premises are scituate c. and now are in the tenure holding or occupation of the said B. M. in the right of E. his Wife the Daughter of R. W. deceased for term of her life and which said premises late were the Inheritance of the said D. S. and by and after his death descended and came to his three Daughters viz. the said M. E. the Wife of R. C. and B. the Wife of J. M. the parts and portions of which E. C. and B. he the said W. B. purchased and dyed thereof seized And also the said J. B. for the Confiderations aforesaid hath agreed to grant convey and assure to the said B. M. his Heirs and Assigns for ever all other the Messuages Lands Tenements and Hereditaments of him the said J. B. within the Parish of W. aforesaid and all Rents Reversions and Services of the premises and every part thereof as by such wayes and means as by him the said B. M. or his Council learned in the Law shall be in that behalf reasonably devised and required and this present Indenture further witnesseth That the said I. B. doth for himself his Heirs Executors and Administrators covenant promise and grant to and with the said B. M. his Executors and Administrators and Assigns by these presents that he the said I. B. shall and will before the end of Easter Term now next ensuing by Deed indented and enrolled in the High Court of Chancery bargain and sell to the said W. H. and I. H. and their Heirs all the said toft and premises To have and to hold to the said W. H. and I. H. and their Heirs during the natural life of the said I. B. to the intent and purpose to make them Tenants of the Free-hold of the premises and that a Writ of Entry sur disseisin en le post shall be brought and prosecuted by the same R. C. against the said W. H. and I. H. whereby he shall demand the said premises by some fit or apt names against them the said W.H. and I.H. who shall appear in person and vouch to warranty the said J. B. who shall likewise appear in person and vouch over to warranty the common Vouchee who shall likewise appear in person and enter into the warranty and afterwards make default and depart in contempt of the Court whereby several Judgments shall be had viz. for the said R. C. to recover the premises against the said W. H. and I. H. and for them to recover in value against the said I. B. and for the said I. B. to recover over in value against the said common Vouchee which said recovery so or in any other manner to be had and executed and all Fines Feoffments and other Assurances at any time hereafter to be had or executed of the premises or any part thereof shall be and enure and shall be deemed adjudged construed and expounded to be and enure to and for the only use and behoof of the said B. M. and of his Heirs and Assigns for ever and the said I. P. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said B. M. his Heirs and Assigns by these presents that he the said I. B. at the time of the ensealing and delivery thereof is and until the said premises shall be fully and perfectly conveyed and assured to the said B. M. his Heirs and Assigns for ever according to the true intent and meaning of these presents shall be the true and lawful Owner of the said premises and every part thereof and of and in the same and every part thereof lawfully and rightfully seized of a good Estate of Inheritance in Fee-simple in his own right and to the only use of him and his Heirs by good sure sufficient and absolute conveyance assurance and title in the Law indeseazible and also that he the said I. B. at the time of the ensealing and delivery hereof hath and until the said premises shall be assured as aforesaid shall have full power good right and lawful authority to bargain sell convey and assure the said premises and every part thereof to the said B. M. his Heirs and Assigns for ever according to the true intent and meaning of these premises and also that the said premises and every part thereof now be and are and so from time to time and at all times hereafter for ever shall or may be remain and continue to the said B. M. his Heirs and Assigns clearly acquitted and discharged or otherwise by him the said I. B. his Heirs and Assigns well and sufficiently saved and kept harmless of and from all and all
manner of former and other Bargains Sales Gifts Grants Leases Mortgages Joyntures Dowers Wills Covenants Statutes Recognizances Judgments Executions Extents Rents Charge-rents Seck arrerages of Rents and of and from all other Titles Charges Troubles and Incumbrances whatsoever at any time heretofore had made done committed or suffered to be done or at any time hereafter to be had made done committed omitted or suffered to be done by him the said J. B. or by the said W. B. or by any other person or persons whatsoever except the Estate of the said E. M. for her life and except the Rents and Services from henceforth to be due payable to the Chief Lord or Lords of the Fee or Fees of the premises and also the said I. B. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said B. M. his Heirs and Assigns by these presents that he the said B. M. his Heirs or Assigns shall or lawfully may from time to time and at all times hereafter for ever peaceably and quietly have hold and enjoy the said premises and every part thereof without any let interruption challenge claim disturbance or incumbrance of or by him the said I. B. or his Heirs and without any lawful let interruption challenge claim disturbance or incumbrance of or by any other person or persons except such as shall or may claim by or under the right or title of the said E. M. or for the Rents and Services aforesaid And further that he the said I. B. and his Heirs and every other person or persons lawfully claiming or to claim any manner of lawful estate right title or interest in or to the premises except before excepted shall and will from time to time and at all times hereafter upon the reasonable request and at the costs and charges in the Law of the said B. M. his Heirs or Assigns make do and execute all and every such further acts and things for the further and better assuring of the said premises and every part thereof to the said B. M. his Heirs and Assigns for ever as by him the said B. M. his Heirs or Assigns or by his or their Council c. so as for the doing thereof c. a Bargain and Sale of Deeds c. In witness c. Note B. M. demised the Lands to A. and B. Habend forty years if the Coverture between him and E. his wife so long continue on trust to suffer him to enjoy and make such Grants as he shall appoint Nota. B. M. surrendereth to I. B. the premises Habend to him and his Heirs provided if I. B. or his Assigns pay not 200 l. before Midsummer next c. to be void B. M. to enjoy the premises in the mean time P. H. purchaseth Lands of W. H. Uxor other Lands he holds in Right of I. his wife to whom the same were devised by R. I. her Brother in Fee-simple the Brother and Heir of the Devisor intendeth to settle other Lands which came to him by Descent on the said P. and I. in tail Now for the setling as well the Lands purchased of H. as all the rest a Fine is levied by W. H. Uxor I. I. Heir to the Devisor Uxor and the said P. Uxor and T. P. and I. C. The uses whereof are declared by the Deed following THis Indenture Tripartite c. between W. H. of c. and M. his Wife T. I. of c. Brother and Heir of R. I. late of c. deceased who was Son and Heir of I. I. late of c. deceased begotten on the Body of I. his Wife Daughter of T. P. of c. deceased and A. the Wife of the said T. I. of the first part P. H. and I. his Wife of the second part and T. P. and I. C. of c. of the third part witnesseth That whereas the said W. H. by his Deed indented bearing date April 18. in the sixteenth year of c. for the consideration therein expressed did grant bargain sell and convey to the said P. H. his Heirs and Assigns for ever two several Messuages or Tenements with the Garden and appurtenances thereunto belonging scituate and being c. and then and yet in the several holding of c. and also three several holdings of c. and also three several Messuages or Tenements with a Garden or Out-ground on the back part thereof and to the same three Tenements or some of them belonging or appertaining scituate and being c. and then and yet in the several Tenures or Occupation of c. as in and by the same Deed indented more at large appeareth and whereas also the said R. I. being in his life-time lawfully seized in Fee-tail of and in all the Messuages Lands Tenements and Hereditaments hereafter mentioned that is to say all that great Messuage or Tenement wherein c. scituate and being c. and also two other Messuages or Tenements c. and also three Gardens c. and in his life-time viz. in the Term of Easter in the sixteenth year of c. acknowledge and levy to the said P. H. and T. P. one Fine sur conuzance de droit come ceo c. which was sued out with Proclamation according to the form of the Statute in that case made and provided before the then Justices of the Court of Common-Pleas at Westminster of all the said Messuage Lands Tenements and Premises by the names of nine Messuages and four Gardens with the appurtenances in c. as by the said Fine remaining of Record in the said Court more at large may appear Which said Fine was levyed to the intent and purpose to make the said R. I. Tenant of all the said premises in Fee-simple as by Indentures to that purpose made bearing date April 20. in the said sixteenth year of c. made between the said R. I. of the one part and the said T. P. and P. H. of the other part more at large it doth and may appear and whereas the said R. I. after the levying of the said Fine that is to say April 25. in the seventeenth year c. by the last Will and Testament in writing bearing date the day and year last mentioned did give and devise in these words viz. I give and bequeath all that Tenement c. unto Joan H. my Sister Wife of Peter H. and to her Heirs and Assigns for ever and also in another place of the said Will gave and devised in these words viz. Item I give to my Sister J. H. and to her Heirs and Assigns for ever my House Lodge and Orchard with the appurtenances lying and being c. as by the said Will and Testament may appear and whereas the said Richard Joanes afterwards died leaving all the residue of the said Messuages Lands Tenements and Premises to descend and come to the said T. I. as Brother and Heir of the said R. I. witnesseth now
further this present Indenture that for the consideration aforesaid and for and in consideration of the sum of 40 l. to him the said T. I. by the said P. H. before the ensealing and delivery hereof well and truly satisfied and paid whereof he acknowledgeth the receipt and thereof and of every part and parcel thereof doth clearly acquit and discharge the said P. H. his Heirs c. and every of them for ever by these presents and for setling the Inheritance of all the said Messuages Lands Tenements Hereditaments and Premises in such manner and form as hereafter in these presents is mentioned limited and declared and for divers other good Causes and Considerations all the said Parties moving it is covenanted granted concluded and agreed by and between all the said Parties to these presents that they the said W. B. and M. his Wife T. I. and A. his wife P. H. and J. his wife shall and will before the end of Easter Term next acknowledge and levy to the said T. P. and J. C. and to the Heirs of one of them one Fine sur conuzance c. to be sued out with Proclamations according to the form of the Stature in that case made and provided before the Justices of the Court of Common-Pleas at Westminster of all the Messuages Lands Tenements and Premises before mentioned by the names of thirteen Messuages and seven Gardens with the appurtenances in c. which Fine so or in any other manner to be acknowledged and levied and all other Fine or Fines to be had levied or acknowledged by or between the said Parties or any of them or any other person or persons of the said premises or any part thereof shall be and enure and shall be deemed adjudged construed and expounded to be and enure to and for the only uses intents and purposes hereafter in these presents limited expressed and declared that is to say as touching and concerning all the said Messuages Tenements Gardens and Premises before mentioned to be granted bargained sold or conveyed by the said W. Ho. in and by the said recited Deed indented to the use and behoof of the said P. Hobbs and of his Heirs and Assigns for ever and as touching all other the Messuages Lands Tenements Hereditaments and Premises before mentioned meant or intended to be comprized in the said Fine thereby agreed to be levied whereof no use is herein therefore expressed and of every part and parcel thereof with the appurtenances to the use and behoof of the said Peter H. for term of his natural life and from and after his decease to the use and behoof of the said Joan H. for the term of her natural life and from and after her decease to the use and behoof of the first Son of the said P. Hobbs on the body of the said Joan his wife begotten and to be begotten and of the Heirs males of the body of such first Son lawfully to be begotten and for default of such Issue to the use and behoof of the second Son of the said Peter Hobbs on the Body of the said Joan his wife begotten and to be begotten and of the Heirs males of the body of such second Son lawfully to be begotten and for default of such Issue to the use and behoof of all and every other Son and Sons of the said P. H. on the body of the said Joan his wife to be begotten one after another as they shall be in seniority of age and priority of birth and of the Heirs of the body of every of the same Sons respectively to be begotten the elder of the said Sons and the Heirs of his body being alwayes preferred before the younger and the Heirs of their bodies and for default of such Heirs to the use and behoof of all the Daughters of the body of the said P. H. on the body of the said J. his wife begotten and to be begotten and of the Heirs of the body of the same Daughters respectively lawfully to be begotten and for default of such Heirs to the use and behoof of the said P. H. and J. his wife and of their Heirs and Assigns for ever provided alwayes and it is explained and declared to be the true intent and meaning of these presents and of all the Parties to the same that it shall be lawful to and for the said P. H. and J. his wife at any time during the Coverrure between them by any writing or writings indented to be by them signed and sealed in the presence of three or more credible witnesses who shall thereunto subscribe or indorse their names or marks testifying the same to alter change revoke determine diminish or inlarge all or any of the use or uses herein before limited touching or concerning the said Messuages Tenements and Premises herein before limited to the said P. H. and I. his wife or either of them for their lives or any part or parcel thereof and by the same writing or writings or by any other writing or writings indented so signed sealed and testified as aforesaid to limit and appoint any other use or uses of the same Messuage or Messuages Tenements and Premises last mentioned or any part or parcel thereof to the said person or persons or to any other person or persons and of such Estate and Estates as to them shall seem best and in case any such new limitation or appointment of uses shall be made that then the said Fine so to be levied shall be and enure and shall be deemed adjudged construed and expounded to be and enure as touching the said Messuages Tenements Lands and Premises last mentioned and every part thereof to and for such new use and uses as in and by such writing or writings so to be signified sealed and testified as aforesaid shall be expressed limited and declared any thing c. And the said Thomas Joanes for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said P. Hobbs and Joan his wife and either of them their and either of their Heirs c. by these presents that all the said Messuages Tenements and Premises and every part and parcel thereof with the appurtenances now are and be and so from time to time and at all times hereafter for ever shall or may be remain and continue to the several and respective uses before herein mentioned limited and declared according to the true intent and meaning hereof clearly freed and discharged of and from all former and other Bargains Sales Gifts Grants Leases Mortgages Charges Troubles and Incumbrances whatsoever had made committed or done by him the said Tho Joanes or any other person or persons lawfully claiming or to claim by from or under him In witness c. A Marriage is intended between Tho. Geo. Esquire and Ph. B. single Woman Ph. in regard the Joynture agreed on cannot presently be assured with consent of Tho. makes over all her Land c. Jewels Moneys
so as to pay 20 l. per annum and Meat Drink c. to his eldest Son his Wife c. and after his decease to several other uses and profits THis Indenture c. Between R. C. of c. of the one part and J.P. C. P. and G. C. of the other part witnesseth That the said R. C. for divers considerations him thereunto moving and especially for the preferment of A. his eldest Son and next Heir and for the Joynture of Alice the now Wife of the said A. and for the preferment of the Issue between the said A. and Alice lawfully begotten and to be begotten hath given granted enfeoffed and confirmed and by c. unto the said J.P. C.P. and G. C. and their Heirs all that Mansion-house or Messuage with the appurtenances wherein the said R. C. now dwelleth set lying and being c. and all the Orchards Gardens Lands Tenements Pastures Meadows Woods Commons Profits Commodities and Advantages whatsoever to the said Messuage and Premisses belonging or in any wise appertaining or being accepted reputed or used as part parcel or member thereof and the Reversion and Reversions Remainder and Remainders Rents and Services of all and singular the aforesaid premises and every part and parcel thereof To have and to hold the said Messuage or Tenement Lands Meadows Leasoes Feedings Pastures Rents Reversions Services and Hereditaments and all and singular other the premises with their and every of their appurtenances unto the said J. P. C. P. and G.C. their Heirs and Assigns for ever to this end meaning intent construction and purposes that they c. and their Heirs and the Heirs of the Survivor or Survivors of them shall from henceforth stand and be seized of the said Messuage and all and singular other the above mentioned premises and of every part and parcel thereof to the uses intents and purposes hereafter in these premises limited and declared and to none other use intent or purpose whatsoever that is to say to the use and behoof of the said R. C. for and during his natural life so as and upon condition that he the said R. C. shall from time to time during his natural life pay or cause to be paid unto the said A. and Alice his Wife and the longest liver of them the sum of 20 l. by the year at the two most usual Feasts in the year that is to say the Feast of c. by even portions to be paid during the said term or within fourteen dayes next after every of the said Feast-dayes and the first payment to be had and made upon the Feast-day of c. and the same payments to be yearly had and made in manner and form aforesaid at or within the now dwelling-house of the said A. situate c. and also upon condition that he the said R. C. shall from time to time during his natural life find give and provide unto the said A. and the said Alice his Wife and to all such Children as shall between them begotten competent sufficient and convenient Meat Drink House-room and Lodging within his said Mansion-house and after the decease of the said R. C. the said Parties above-mentioned and the Heirs of the longest liver of them shall stand and be seized of all and singular the said premises with their and every of their appurtenances to the use and behoof of the said A. and of the said Alice his Wife and of the Heirs of their two Bodies between them lawfully begotten and to be begotten and for default of such Issue to the use and behoof of R. C. one other of the Sons of the said R. C. and of the Heirs males of his Body lawfully to be begotten and for default of such Issue to the use and behoof of W. C. one other of the Sons of the said R. C. and the Heirs males of his Body lawfully to be begotten and for default of such Issue to the use of the said R. C. of his Heirs and Assigns for ever R. C. covenanteth that he is lawfully seized hath power to grant that the premises shall remain free from Incumbrances proue usual A settlement by Fine and Recovery of several Mannors Lordships c. for the raising of Moneys for payment of Debts and Childrens portions as also for entailing thereof under several Provisoes and Legacies THis Indenture Tripartite c. between the Right Honourable Edward Lord Herbert and Richard Herbert Esq Son and heir apparent of Dame Mary late wife of the said Edward Lord Herbert and sole Daughter of Sir William Herbert of St. Julians in the County of Monmouth Knight deceased of the first part the Right Honourable John Earl of Bridgewater and Edward Herbert of the Inner-Temple London Esq of the second part and Moses Loyd of c. and Henry Githins of c. of the third part witnesseth That whereas the said Edward Lord Herbert or some in trust for him is or are seized in his or their Demeasn as of Fee of some part of the Lands Tenements and Hereditaments hereafter mentioned and is also seized for term of his life as Tenant by the courtesie of England of the Mannors Messuages Lands Tenements and Hereditaments hereafter specified the Reversion thereof in Fee-simple being descended by and after the decease of the said Mary unto the said Richard Herbert now to the end that the Mannors Lordships Messuages Lands Tenements and other Hereditaments hereafter mentioned and expressed may be established vested and setled unto the said Edward Lord Herbert during his natural life and after his decease upon the said Richard Herbert and upon his name stock and posterity and to such other uses intents and purposes as are hereby appointed it is covenanted promised granted condescended concluded and agreed by and between the said parties to these presents and the said Edward Lord Herbere and Richard Herbert do for themselves their Heirs Executors Administrators and Assigns covenant promise and grant condescend and agree to and with the said John Earl of Bridgewater and Edward Herbert their Heirs Executors Administrators and Assigns and to and with every of them by these presents that they the said Edward Lord Herbert and Richard Herbert shall and will on this side and before the end of Michaelmas Term next ensuing and coming after the date of these presents in due form of Law and at the equal costs and charges in the Law of the said Edward Lord Herbert and Richard Herbert levy and acknowledge to the said Moses Loyd and Humphry Githins and the Heirs of the said Moses one or more Fine or Fines sur conuzance de droit come ceo c. with Proclamations thereupon to be had and made according to the form of the Statutes in that behalf made and provided of all that Capital Messuage or Mannor-house of St. Julians with the Rights Members and Appurtenances thereof and of all and singular the Mannors Lordships Messuages Lands Tenements and Hereditaments whatsoever of them the said Edward
of the said Sons and the Heirs males of his body being ever preferred before the younger of the said Sons and the Heirs males of his body and for default of such Issue to the use and behoof of Edward Herbert second Son of the said E. Lord H. and of the Heirs males of his body lawfully begotten or to be begotten and for default of such Issue to the use and behoof of the Heirs males of the body of Richard Herbert Esquire deceased Father of the said Edward Lord Herbert lawfully begotten and for default of such Issue to the use and behoof of the Heirs males of the body of Edward Herbert Grand-father to the said Edward Lord Herbert and for default of such Issue to the use and behoof of the right heirs of him the said Richard Herbert Son of the said Edward Lord Herbere for ever And as for and concerning the Mannors Lordships Messuages Mills Lands Tenements Orchards Gardens Tosts Crofts Meadows Leasows Pastures Feedings Woods Under-Woods Rents and Hereditaments whatsoever of the said Edward Lord Herbert and Richard Herbert his Son or either of them with their and every of their appurtenances in the said County of Anglesey to the use and behoof of the said Jo. Earl of Bridgewater and Edward Herbert party to these presents and of their Heirs and Assigns for ever upon trust and confidence nevertheless and to the end intent and purpose that they the said John Earl of Bridgewater and Edward Herbert party to these presents and the Survivor of them and his Heirs shall and will at his and their free will and pleasure sell convey and assure the said Mannors Lands and Premises in the said County of Anglesey and every part thereof for the best benefit profit and advantage which shall or may be bona fide had or gotten for the same and that the money to be raised by every or any such sale and as every such sale shall be made shall be forthwith paid and disposed of as followeth that is to say out of the money that shall be raised by sale of such of the premises in the said County of Anglesey as were the Lands of Dame Herbert late of c. there shall be forthwith and in the first place so much money paid to the said Edward Lord Herbert his Executors or Administrators as according to the true yearly value of those Lands shall come to five years and an half purchase and the residue of the monies that shall be raised by the sale of the same Lands which were the Lands of Dame Herbert late of c. shall be disposed of for and towards the payment and of the Debts of the said Richard Herbert party to these presents and sums of money mentioned in the Schedule hereto annexed as the said Jo. Earl of B. and Richard H. party to these presents or the Survivors of them shall think fit and of the money that shall be raised by the sale of the residue of the said Mannors Lands and Premises in the said County of Anglesey there shall be forthwith and in the first place so much paid to the said Ed. Lord Her his Executors or Administrators as according to the yearly value of the same Mannors c. shall come to sixteen years purchase and if those Mannors and Lands shall be sold for more than sixteen years purchase then the one moyety of such surplusage if any shall be shall be forthwith and in the first place paid to the said Ed. L. H. his Executors or Administrators and the other moyety thereof shall be disposed of for and towards the payment of such of the Debts of the said Richard Herbert party to these presents and sums of money mentioned in the said Schedule as the said John Earl of B. and Edward Herbert party to these presents or the Survivor of them shall think fit and the over-plus thereof if any shall be shall be paid to the said Richard Herbert or to such other person or persons as he the said Richard Herbert party to these presents by any writing under his Hand and Seal shall direct nominate appoint to be disposed of in the buying of Land to be estated in the same manner as the Lands in the said C. of Carnarvan are by these presents limited and for want of such direction nomination or appointment to the Executors or Administrators of the said Richard Herbert party to these presents the further trust intent and meaning of these presents and the parties hereunto-being that the said Edward Lord Herbert his Executors Administrators or Assigns shall or may have receive and take to his and their own proper use all and singular the Rents Issues Revenues and Profits of the said Mannors Lands and Premises hereby limited and intended to be sold until sale be thereof made as followeth Provided alwayes and it is hereby declared and agreed by and between all and every the said parties to these presents and the true intent and meaning of these presents is That it shall and may be lawful to and for the said Ed. L. Her paying to Sir Richard Eaton of Newport in the County of Salop Knight his Executors and Administrators to be disposed according to the trust hereafter mentioned the sum of 1000 l. of good and lawful money or such less sum of money as the said Jo. Earl of Bridgewater and Edward Herbert party to these presents or the Survivor of them shall think fit appoint at any time or times during the term of his natural life by Indenture or by any Deed or Deeds Writing or Writings to be by him the said Ed. Lord Herbert sealed and subscribed in the presence of two or more credible Witnesses to declare limit and appoint all or any the said Mannors Messuages Lands Tenements Rents Hereditaments and Premises with their appurtenances in the said County of Monmouth the said Capital Messuage called by the name of St. Julians and the Lands late in the tenure or occupation of John Morgan Esquire and the Lands and Tenements whereof the use is herein before limited to the said Richard Herbert party to these presents or the Survivor of them in possession alwayes excepted and reserved to and for the Joynture of any wife or wives which he the said Edward Lord Herbert shall hereafter happen to marry for and during the natural life and lives of such wife and wives or for any number or term of years determinable upon her or their life or lives the same to take effect after the death of the said Edward Lord Herbert and that then and so often and from thenceforth the said Recovery or Recoveries shall be and enure and the Recoverer and Recoverers therein named his and their heirs shall stand and be seized of and in the said Mannors Messuages Lands Tenements and Hereditaments in the said County of Monmouth with their rights members and appurtenances or of or in so much or such part thereof of for and concerning the which such Indenture Deed
or Writing shall be made by the said Edward Lord Herbert as aforesaid for the Joynture of any such Wife or Wives or number of years determinable upon her or their life or lives as aforesaid according to the true intent and meaning of the same Indenture Deeds and Writings and of these presents And it is hereby declared and agreed by and between the said Parties hereunto that the said sum of 1000 l. herein before mentioned or such less sum as aforesaid to be paid by the said Edward Lord Herbert to the said Richard Eaton as aforesaid shall go and be employed upon the trust herein after following viz. in case the Debts and Sums of Money mentioned in the Schedule hereunto annexed be not then paid then the same or so much thereof as shall be sufficient to pay and satisfie such of the said Debts or Sums of Money mentioned in the said Schedule hereunto annexed as the said Jo. Earl of Bridgewater and Edward Herbert party to these presents or the Survivor of them and his heirs shall think fit shall be disbursed and employed to that purpose and after the said Debts and Sums of Money or such of them as the said Jo. Earl of Bridgewater and Edward Herbert shall think fit shall be paid or satisfied then the surplusage if any be of the said One thousand pounds or such less sum as aforesaid shall be disposed and employed for the purchasing and buying of Lands Tenements and Hereditaments to be setled on the said Edward Herbert party to these presents for and during the term of his natural life and after his decease to the use and behoof of such person and persons and in such manner and form as the said Lands Tenements and Hereditaments in the County of Monmouth herein before limited to the said Richard Herbert party to these presents for his life with remainder over are limited estated and setled Provided alwayes and it is covenanted granted condescended concluded and agreed by and between all the said parties to these presents and the true intent and meaning of them and every of them and of these presents is that if the said Richard Herbert party to these presents or some other person or persons to whom any Estate is hereby limited or intended to be limited of and in the said Mannors Lands Tenements and Hereditaments within the Kingdome of Ireland or any of them their or some of their heirs or assigns or some of them shall not within two years next after the decease of the said Edward Lord Herbert well and truly pay or cause to be paid of the said Edward Herbert Son of the said Edward Lord Herbert if he the said Edward Herbert Son to the said Edward Lord Herbert shall so long live the sum of 2000 l. of c. that then and immediately after such default of payment all and every use and uses herein before limited and declared as for and concerning all and every the Mannors Lands Tenements and Hereditaments within the Kingdom of Ireland shall cease and be void and then also and from henceforth the said recovery and recoveries so as aforesaid or in any other sort to be had and suffered and the Recoverer and Recoverers therein named his and their heirs shall stand and be seized of and in all and singular the Mannors Lands Tenements and Hereditaments with their appurtenances within the said Kingdom of Ireland to the use and behoof of the said Edward Herbert Son of the said Edward Lord Herbert his heirs and assigns until he or they shall and may out of the Rents Issues and Profits thereof have fully levied and received the said sum of 2000 l. together with consideration after the rate of 8 l. per centum per annum for the forbearance thereof from the end of the said two years next ensuing the death of the said Edward Lord Herbert and all Damages Costs and Charges which he the said Edward Herbert Son of the said Edward Lord Herbert his Heirs Executors or Administrators shall sustain to be put unto in or about the recovery of the said premises or of the said sum of 2000 l. or any part thereof or in or about any Suit concerning the same Provided also and it is covenanted granted condescended concluded and agreed by and between the said parties to these presents and the true intent and meaning of them and every of them and of these presents is That it shall and may be lawful to and for the said Richard Herbert party to these presents by Indenture or by any Deed or Deeds Writing or Writings indented or poll to be by him the said Richard Herbert party to these presents sealed and subscribed in the presence of two or more credible Witnesses to declare limit or appoint all or any of the said Mannors Lordships Messuages Lands Tenements Hereditaments and Premises in the Kingdom of Ireland to and for the Joynture of any Wife or Wives which he the said Richard Herbert shall hereafter happen to marry or to take to Wife for and during the natural life or lives of such Wife or Wives or for any number or term of years determinable upon her or their life or lives the same to take effect upon the decease of the said Edward Lord Herbert and Richard Herbert and the Survivor of them to be subject to the use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert and his Heirs in the manner aforesaid and then and from thenceforth the said recovery and recoveries shall be and enure and the Recoverer and Recoverers therein named his and their Heirs shall stand and be seized of and in the said Mannors Lordships Messuages Lands Tenements Hereditaments and Premises in the Kingdom of Ireland with the rights members and appurtenances thereof or of or in or so much or such part thereof for or concerning which such Indenture Deed or Writing shall be made by the said Richard Herbert as aforesaid for the life of any such Wife or Wives or number of years determinable upon her or their life or lives as aforesaid according to the true intent and meaning of the said Indenture Deeds or Writings and of these presents subject nevertheless to the said use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert his Heirs and Assigns in manner aforesaid Provided also and it is nevertheless covenanted concluded condescended and agreed by and between the said Parties to these presents that it shall and may be lawful to and for the said Richard Herbert party to these presents at all or any time or times hereafter during his natural life being then actually seized of the immediate estate of Free-hold in possession of or in the said Mannors Lands Tenements Hereditaments and Premises or any of them by virtue or means of the said Recoveries or any of them and of these presents or of any the limitations of uses herein limited to demise or to Farm-let by Indenture
Kingdom of England and the Reversion and Reversions Remainder and Remainders of all and singular the said premises and all Rents and yearly Profits reserved due or payable by or upon any Demise Lease or Grants Demises Leases or Grants made of the said premises or any part thereof and all the estate right title interest claim and demand whatsoever of him the said J. W. of in and to the same premises and every or any part or parcel thereof and also such Deeds Charters c. To have and to hold the said Mannors Messuages Farms Tenements and Rectory and all and singular other the premises before by these presents granted or mentioned meant or intended to be granted with their and every of their appurtenances unto the said A. B. C. D. c. their Heirs and Assigns for ever to the uses intents and purposes hereafter in these presents limited expressed and declared and to none other use intent or purpose that is to say as for touching and concerning the said Mannor Capital Messuage and Farm of Burnet and all Lands Meadows Pastures c. And the said Rectory and Parsonage of Chewion alias Chewton and with the rights members and appurtenances thereof and all and all manner of Tythes of Corn Hay and Wooll and all Obligations Obventions Profits Commodities and Hereditaments whatsoever coming growing yearly renewing or happening in Chewton aforesaid or else-where to the said Rectory or Parsonage belonging or in any wise appertaining and the said Messuage or Tenement c. and the said three Messuages or Tenements c. and all Cellars Sollers Houses c. and the Reversion and Reversions thereof c. and all Rents and Services thereunto belonging or in any wise appertaining to the use and behoof of J. W. and his Assigns for and during the term of the natural life of the said J. W. without impeachment of or for any manner of waste and after the decease of the said J. W. then to the only use and behoof of the said Rachel for and during the term of her natural life for and in the name of her Joynture and in full recompence of her Dower and title of Dower which she the said Rachel shall or may have of or to the Lands Tenements and Hereditaments of the said J. W. and after the decease of the said J. W. and Rachel then to the use and behoof of the Heirs of the body of the said J. W. lawfully begotten or to be begotten and for default of such Issue to the use and behoof of the said A. B. C. D. c. their Heirs or Assigns for ever upon this hope trust and confidence nevertheless in them reposed by the said J. W. that they the said A. B. C. D. c. and the Survivors and Survivor of them and his and their Heirs and Assigns and at all times after the ending of the said Estates of the said J. W. and Rachel his wife of and in the said Mannors and Premises to them above-limited make such Grants and Conveyances of the same and dispose distribute and employ the Rents Issues and Profits thereof to such person and persons and in such manner and form as the said J. W. by his last Will and Testament in writing by him to be subscribed with his own hand and sealed with his Seal in the presence of three or more Witnesses or by any other writing to be by him subscribed and sealed in the presence of so many Witnesses as aforesaid shall nominate declare or appoint and for and in default of such nomination or appointment then that the persons trusted and the Survivors and Survivor of them his and their Heirs and Assigns shall convey and assure the said Mannor and Premises to and on the right Heirs of the said J. W. for ever and as for touching and concerning all other the said Messuages Lands Tenements and Premises residue with the appurtenances whereof no use is before by these presents limited or declared to the use and behoof of the said J. W. and of the Heirs of his body lawfully begotten and to be begotten and for default of such Issue to the use and behoof of the said A. B. C. D. c. their Heirs and Assigns for ever upon the like hope trust and confidence in them reposed that they the said persons trusted and the Survivors and Survivor of them and his and their Heirs and Assigns at all times from and after such time as the said J. W. shall be dead without Heir of his body shall make such Grants and Estates of the said Lands and Premises residue c. or any part or parts thereof and distribute dispose and employ the Rents Issues and Profits thereof to such person and persons and in such manner and form as the said J. W. by his last Will and Testament in writing to be by him subscribed with his own hand and sealed in the presence of three or more witnesses or by any other writing to be by him subscribed and sealed in the presence of so many Witnesses as aforesaid shall nominate declare limit and appoint and for and in default of such nomination or appointment then that the said person or persons trusted and the Survivors or Survivor of them his and their Heirs and Assigns shall convey and assure the same Lands and Premises residue with the appurtenances to and upon the right Heirs of the said J. W. for ever Provided always and it is fully and plainly convenanted concluded and agreed by and between the said Parties to these presents for them their Heirs and Assigns that it shall be lawful to and for the said John W. and that the said J. W. shall have full power and authority from time to time and at all times hereafter at will and pleasure by his Deed or Deeds in writing to demise grant and to farm-let all or any the said Mannor Messuages Lands Tenements and Hereditaments and every or any part or parts thereof as well in possession as in reversion or in possession or in reversion unto any person or persons for one two or three lives or for any number of years whatsoever by and under such Rents Reservations Covenants Conditions Limitations and Agreements as to him shall seem meet or without any Rent Reservation or Condition at his will and pleasure at that when and as often as any such Demise Grant or Lease shall be so made by the said J. W. of the premises or any part or parts thereof the said parties trusted and every of them and the Survivors and Survivor of them and every of them and his and their Heirs and Assigns shall stand and be seized of such part parts and parcels of the said Mannor Messuages Farms Tenements Rectory and Premises as shall be so demised leased or granted immediately from and after every such Demise Lease or Grant made to the use and behoof of every such person and persons to whom any such Lease Demise or Grant shall be so made and
the arrerages thereof if any be do at the end of every such Account made make just and true payment to the said C. D. his Heirs or Assigns and further do well and truly administer serve and execute all Process to him to be directed from the Stewards and Officers of the said C. D. his Heirs or Assigns concerning the premises or any part thereof and moreover do during all the said term demean and behave himself as an honest and true Bayliff ought to do that then c. or else c. A Condition of a Deputy Rent-Gatherer to give Accompt for the Receipt of Rents THe Condition c. That whereas the within-bound A. B. hath retained to and with the within-named R. C. Renter of the Mannor of Finsbury for the collecting of all the Rents coming or growing out of the Mannor of Finsbury in the County of Middlesex and of Lands Rents and Tenements belonging to the Major Aldermen Commonalty and Citizens of the City of London Farmers of the said Mannors Lands Rents and Tenements for term of years yet to come if therefore the said A. B. do well and truly behave himself in the said room or office of Rentership for the Collection of the said Rents and Profits of the said Mannors Rents Lands c. and well and truly from time to time collect the said Rents and every part thereof to the hands of the Chamberlain of the City of London for the time being to the use and behoof of the said Major Aldermen Commonalty and Citizens of the City of London and make yearly the Accompt of the said Rents and of every part thereof in the name of the said R. C. if he then be living of Record in the Chamber of the said City to the Office of the same to whom it doth or may appertain to take and engross the same Accompt and also if the said A. B. during the life of the said R. D. do no act or acts thing or things directly or indirectly to the prejudice and hindrance of the right of the said R. O. in and to that Office called the Rentership of Finsbury and further do from time to time clearly acquit discharge or save and keep harmless the said R. C. his Executors Administrators and Assigns and every of them against the Major Aldermen Commonalty and Citizens of the City of London and against all and every person and persons to whom it may or shall of right in that behalf belong that then c. or else c. A Condition to make true Accompt of one Bayliffship THe Condition c. That whereas Sir H. H. Knight and Baronet chief Justice of the Common-Pleas Sir J. D. Knight Chancellour of the Dutchy of Lancaster T. N. Esquire Surveyor-General do stand and are possessed amongst other things of the Mannor of c. for divers yet to come upon trust and confidence and to and for the only use of C. P. have by the commandment and warrant of the said C. P. by Deed under his Hand and Seal constituted and appointed the within-bound H. L. to be Bayliff of the Mannor of Westham aforesaid and Collector of the Rents and Revenues perquisits and Profits there during the pleasure of the said C. P. If therefore the said H. L. by himself for his sufficient Deputy or Deputies his or their Executors or Assigns do and shall from time to time for and during their continuance and exercise of and in the said place or office demean himself and themselves therein without voluntary concealment deceit or fraud towards the said C. P. and do and shall yearly during such his and their continuance and exercise as aforesaid at the Audit and Audits to be held and kept for the said C. P. yield and make just and true Accompt to and before the said Auditors for the time being of the said Mannor and Premises and thereupon make payment and satisfaction to the said C. P. his Officer or Officers in that behalf to be authorized and appointed to and for the said C. P. his use at or before every such Audit or Audits of and for all and every such Rents Sum and Sums of Money and other Issues Revenues Goods Chattels Perquisits and Profits as then shall come to the hands of the said H. L. or his Deputy or Deputies or as he or they then ought rightly to be charged withall to the said C. P. his use for or by means or in respect of the said Office or Place that then c. or else c. A Condition for payment of a sum of Money within three dayes after request if the Obligee may not enjoy a Messuage THe Condition c. That whereas the within-bound C. D. by a Deed bearing date within-written for the consideration therein hath assigned and set over unto the within-named A. B. one Indenture of Lease bearing date c. made and granted to him the said A. B. by one c. of a Messuage or Tenement with the appurtenances lying and being c. now in the tenure of c. for the term of c. and all his Estate Right Title Interest and Term of years to come in and to the same Messuage or Tenement and other the premises by the said Lease demised as by the said Poll. Deed or Writing more at large appeareth if therefore the said A. B. his c. paying the said Rent and performing the said Covenant and Duties in the said Lease contained on the Tenants part from and after the c. to be paid and performed shall not or may not peaceably and quietly have hold and enjoy the said Messuage or Tenement with the appurtenances for and during all the residue of the said term without any let trouble interruption of or by the said c. then if the said C. D. his Executors c. do within one Moneth next after notice thereof to him or them to be given by him the said A. B. his c. well and truly repay or cause c. to the said c. his Executors or Assigns the sum of c. of c. the said A. B. them also re-delivering and re-assuring unto the said C. D. his Executors c. the said Indenture of Lease safe and uncancelled and all his Estate Interest and Term of years in and to the same and the premises thereby demised clearly discharged of all Forfeitures Re-entries and Incumbrances whatsoever then to be had made committed or permitted by the said A. B. his c. together with the Poll-deed aforesaid that then c. or else c. A Condition to bring an Inventory into the Prerogative Court by a day THe Condition c. That if M. H. Wife of J. H. while he lived of the Parish of c. do make or cause to be made a true and perfect Inventory of all and singular the Goods Chattels and Debts of the said J. H. and the same so made to exhibit or cause to be exhibited into the Prerogative
other bargains contracts surrenders and other charges titles troubles and incumbrances whatsoever by the said T. J. his Heirs and Assigns in any wise heretofore had made committed suffered or done or to be had made committed suffered or done the rents and services to the chief Lord or Lords of the Fee thereof and from thenceforth growing due therefore only excepted and fore-prized that then c. A Condition that whereas one hath an Annuity issuing out of the Mannor of c. which said Annuity he hath released c. for payment of c. THe Condition c. That whereas the within-bound J.B. hath and holdeth for the term of his natural life of the grant of the within-named R.L. one annuity or yearly rent of c. by the year issuing and going out of the Mannor of c. and out of certain other Lands Tenements and Hereditaments in the County of c. as by the same grant thereof made more at large it doth and may appear which said annuity or yearly rent of c. the said J.B. by his Deed indented bearing date the day of the date of these presents hath bargained sold and released unto the said R. L. upon and under a certain condition in the same Deed indented expressed as by the same also it doth and may appear If therefore the said J.B. hath not at any time before the ensealing and delivery of the said Deed indented bargained sold given granted assigned or set over or by any other means incumbred the said annuity or yearly rent of 100 l. or any parcel thereof that then c. A Condition whereas the Obliges hath owing by one a sum of money which is to be paid to a Creditor of the Obligor who is bound to repay within ten dayes after notice of the receipt THe Condition c. That whereas the within-named J.F. hath remaining in the hands and custody of G. c. the sum of c. which sum of c. the said J.F. is contented at the request and desire of the within-bound J. c. shall be paid and delivered by the said G. c. unto one L. c. If therefore the said c. his Executors Administrators or Assigns do well and truly pay or cause to be paid unto the said J. F. c. his Executors Administrators or Assigns at or in c. the said sum of c. within ten dayes next after the said J.F. his Executors Administrators or Assigns shall give sufficient notice or testimony unto the said c. his Executors Administrators or Assigns from the said Jâ—â—testifying that he the said L. hath received the said sum of c. of the said c. as aforesaid without fraud or coven that then c. A Condition where a Bond is assigned and that if the Obligees in the assigned Bond do not pay then the Obligee in this is bound to pay c. THe Condition c. That whereas the within-bound A.B. hath by his Deed in writing bearing date c. assigned over unto the within-named C. D. one Obligation bearing date the c. wherein E.F. and G.H. stand bound unto the said A. B. in the sum of c. with condition of payment of c. on the c. at c. as by the same Deed of assignment and obligation may appear if in case the said E. F and G.H. their Executors Administrators or Assigns do not pay unto the said C. D. his Executors or Assigns the said sum of c. on or before the c. with such considerations as shall be therefore due If then the said A.B. his Executors Administrators or Assigns do well and truly pay or cause to be paid unto the said C. D. his Executors Administrators or Assigns on the c. at or in c. the said sum of c. with consideration for the same after the rate of 8 l. per cent to be accompted from the day of the date with-in-written untill such time as the same shall be fully paid that then c. A Condition upon an Attachment THe Condition c. That whereas the above-named Sir R. L. Knight is to pay unto Sir M.R. of c. the sum of 150 l. of c. upon Bond bearing date on or about the c. last past before the day of the date above-written and whereas the day of the date above-written the above-bound W. S. hath attached the said sum of c. in the hands of the said Sir R. L. If therefore the said W. L. his Executors Administrators and Assigns and every of them do and shall at all times hereafter and from time to time well and sufficiently save defend keep harmless and indempnified the said Sir R. L. his Heirs Executors Administrators and Assigns and every of them as well against the said Sir M. R. his executors administrators and assigns as against all and every other person and persons for or concerning the said Obligation or any sum or sums of money therein contained and of and from all and all manner of actions arrests sutes costs losses chattels forfeitures payments and detriments whatsoever which shall or may be commenced or happen against the said Sir R. L. his Goods or Chattels for or by reason of the non-payment of 〈◊〉 said Sum of c. unto the said Sir M. R. his executors administrators or assigns on the said c. in regard the same is attached by the said W. S. as aforesaid that then c. A Condition to pay Rent quarterly for certain Rooms c THe Condition c. That if J.A. of c. the within-bound I.P. and T. A. or any of them their or any of their executors administrators or assigns do well and truly pay or cause to be paid unto the within-named G. P. his executors administrators or assigns the yearly sum of c. for those Rooms parcel of the Capital Messuage scituate c. wherein the said I. A. now inhabiteth for and during the full term of c. to be accompted from the c. last past before the date within-written at the Four most usual Feasts or Terms in the year that is to say at the Feast of c. or within ten dayes next ensuing every of the said Feasts by even and equal portions at or in c. the first payment to begin and to be made at the Feast day of c. next ensuing the date within-written or within ten dayes next ensuing the same Feast that then c. A Condition to surrender Land to certain uses THe Condition c. That if the above-bound M. W. S. W. and J. W. and every of them and their Heirs do and shall at the next Court to be holden for the Mannor of W. in the County of c. which shall be after request made by the above-named A. L. her Heirs or Assigns the said request being made eight dayes before any such Court be holden surrender into the hands of the Lord of
their use testifying the receipt thereof and the said sum of c. had and received as aforesaid thereout to satisfie and pay unto the said T.C. his Executors Administrators and Assigns the said sum of c. on the said c. in discharge of the recited Obligation and the remainder of the same to detain and keep to the onely use and behoof of me the said R.B. my Executors Administrators and Assigns and thereof be accomptable giving and by these presents granting unto the said R.M. his Executors Administrators and Assigns full power and lawful authority for me and in my name stead and place to do or cause to be done all and every such act and acts thing and things as he or they shall think meet or requisite to be done concerning the premisses by these presents as if I my self were then and there personally present And I shall and will ratifie allow and maintain all and whatsoever the said R. M. his Executors or Assigns shall lawfully do or cause to be done in or about the premisses by these presents In witness c. A Letter of Attorney to make Leases of Lands and to make sale of Woods and Goods and to make a Grant of a Stewardship during pleasure TO all c. E.M. of c. and wife of me the said E. Daughter and heir of c. and sole Executrix of the last Will and Testament of T. S. Esquire deceased send greeting in our Lord God everlasting Know ye That we the said E. and M. for divers good and reasonable causes and considerations us especially moving have given and granted and by these presents do give and grant unto our very trusty and well-beloved Friend J.T. of c. the Office of the Stewardship of all those our Mannors Lordships Lands Tenements and Hereditaments within the Counties of c. late the Lands and Tenements of the said T. S. and him the said J. T. Steward of the said Mannors Lands and Tenements do by these presents nominate appoint make create and constitute to have exercise use and hold the said Office with the appurtenances unto the said J.T. for and during our will and pleasure and we do by these presents further give and grant unto the said J.T. full power liberty license and authority for us and in our names not only to demise grant let and to set out by Copy or Court-Roll according to the customes of the said Mannors respectively to such person or persons in Fee-simple Fee-tail or term of life lives or years and for such fines rents and services as to the said J. T. shall be thought meet and convenient all such Copy-hold and customary Lands of the said Mannors or any part or parcel thereof which now are demisable or grantable or lawfully may be demised granted or set out within the said Mannors or any of them but also to do perform execute use and accomplish all and every other acts things demise or matter which any Steward or Stewards of the premisses or any of them at any time heretofore might or could do or which we may or can in any wise licence or authorize the said J.D. or give commission or power unto him to do execute perform or undergo And furthermore we the said E. and M. for divers good considerations and upon mature advice and deliberation have given and granted and by these presents do give and grant unto the said J.T. and our trusty servants J.E. and C.B. or to two of them whereof the said J.T. to be one full power liberty licence and authority for us and in our names by writing indented or otherwise to demise grant let and to set out for life lives or years all and singular the said lands tenements and hereditaments or any part or parcel thereof to such person or persons and for such sum and sums of money and for such rents and services and with and under such covenants conditions limitations articles and agreements in such manner order form and sort as to the discretion of them the said J. T. J. E. and C.B. or two of them whereof the said J.T. to be one shall seem meet and convenient and also to grant bargain and sell the Woods Trees and Under-woods of the premisses and every or any part and parcel thereof and to grant bargain and sell all such goods chattels and substance which we or either of us have or ought by any means or title to have within the said Counties to such person or persons and for such sum and sums of money and in such manner and form as to the said J.T. J. E. and C. B. or two of them whereof the said J.T. to be one shall be thought good and reasonable And moreover we the said F. and M. have named appointed ordained and constituted the said J. T. or two of them whereof the said J. T. to be one our true and lawful Atturneys to ask demand recover levy receive and gather in our names and to our use not onely all such rents and arrearages of rents debts duties and services that by any means degree or sort are due and payable unto us or either of us or that we ought or should have of any person or persons within the said Counties and in our names or in the name of either of us as the case shall require to sue arrest and implead such of the said persons as will not make payment of the said rents services debts and duties and of every of them and to sue execution upon any condemnation in that behalf and also in our and either of our names to make seal and deliver releases acquittances or other discharges of or for the said rents debts duties and services in every or any of them to any person or persons in such manner sort and form as to the said I.T. c. or to two of them whereof c. shall be thought meet and convenient and whatsoever the said I. T. shall do in c. for or touching the demising granting or setting out of the said Copyhold or customary Lands as a Steward of the premisses aforesaid and whatsoever the said I. T. c. or any two of them whereof c. to be one shall do use or cause to be done in for or touching any other thing or matter before mentioned we do by these presents grant and promise for us our heirs executors and administrators to establish ratifie confirm stand to allow avow as fully and as perfectly to all intents constructions and purposes as though the same were done by us our selves actually in our proper persons In witnesse c. A Warrant for an Attorney to confess a Judgement in case satisfaction be not made by a certain day MAster Barnet Whereas I E. F. Esquire together with C. D. c am and stand bound by Obligation in the Sum and Penalty of c. conditioned for payment of c. at a certain day long since past if in case I the said E
mentioned in the said Schedule cannot be presently sold for the best benefit and advantage of the said M. F. that the same goods and chattels shall remain and continue in the custody and possession of the said I. F. for the use and behoof of the said M.F. his c. for and during the space and time of six moneths next after the date hereof and if any of the said goods and chattels mentioned in the said Schedule hereunto annexed have been already or hereafter during the said space of six months shall be sold or disposed of by the said I.F. his Executors Administrators and Assigns then he the said I. F. for himself his Executors and Administrators and for every of them doth by these presents covenant promise grant and agree to and with the said M. F. his Executors Administrators and Assigns to give a true and just accompt or accompts together with the proceed or encrease thereof in writing unto request made and to pay or cause to be paid unto him the said M. F. his Executors Administrators or Assigns all such sum or sums of Money as shall be found due upon the said accompt or accompts so to be made or given and at the end and expiration of the said term shall and will well and truly deliver or cause to be deliver'd unto the said M.F. if the said I.F. his executors c. shall be thereunto required the residue and remainder in specie with the proceed and encrease thereof of all such goods and chattels mentioned in the said Schedule or Inventory as shall be so sold or undisposed of the said M.F. his Executors Administrators or Assigns allowing in the mean time unto the said I. F. his Executors or Administrators all the benefit and advantage of the Wooll Milk and work of the Cattel comprized in the said Schedule hereunto annexed and the use of the other goods comprized in the said Schedule or Inventory for the pains and care of the said I. F. to be taken in and about the selling disposing and keeping of the said goods and chattels or any of them In witnesse c. A Lease of Lands in Barbadoes THis Indenture made c. between R. C. of c. and M. S. of c. witnesseth That the said R. C. for divers good causes and considerations him hereunto especially moving hath demised granted and to farm letten and by these presents doth demise grant and to farm let unto the said M. S. all that his own shâ—â—eâ— part and portion of Land containing in all by estimation forty acres of Land be it more or less scituate and being in c. as the same was lately and now is separated and divided from other Lands now inhabited by the English Merchants and Planters or their assigns and allotted unto the said R.C. for one of his shares of his Adventure with the said Company of the said Islands and now are or late were in the Tenure or Occupation of R. P. or his Assigns and also one Acre of Land being part or parcel of c. lying within c. likewise allotted unto the said R. C. for another share of his Adventure to the said Island the same Acre of Land to be measured and set out in some convenient place of the said share of Land adjoyning upon or near unto the fresh water together with free ingress egress regress way and passage to and for the said M. S. his Executors Servants and Assigns by and through c. at all convenient times and by all fitting and convenient wayes and passages to fetch water from the Springs and Rivulers thereunto adjoyning as need shall require To have and to hold the said share of Land and acres of Land and all other the above demised or meant mentioned or intended to be demised premisses with their and every of their rights members and appurtenances unto the said M.S. his c. from c. for and during the term of c. M.S. his c. yielding and paying therefore yearly and every year during the said term of c. unto the said R.C. his c. the moiety or one half part of all the profits and gains whatsoever which shall yearly be made or raised by or by means of the digging setting planting sowing manuring and imploying the said Lands and premisses above by these presents demised or meant or mentioned to be demised and every or any part thereof or by any other ways or means whatsoever the same to be yearly and every year once or oftner as Shipping may conveniently be had sent into England to and for the use of the said R. C. his Heirs and Assigns for and in full satisfaction and payment of all manner of Rents whatsoever and the said M S. for him his c. doth covenant and grant to and with the said R.C. his c. by these presents in manner and form following that he the said M. S. shall and will once in every year yearly or oftner during the said term hereby granted and as shipping may be conveniently had as aforesaid make and send unto the said R. C. his Heirs or Assigns a just and true account how the same Lands and premisses hereby demised have untill that time been imployed and used and likewise with the same accompt shall and will send and deliver or cause to be delivered unto and for the use and behoof of the said R C. his Heirs and Assigns unto the City of London the said moiety or one half-part of all the encrease profit and gains above by these presents reserved which shall happen to be accrued or risen by the means of the husbanding and employing of the said Lands and premisses by these presents demised and also shall and will from time to time send and deliver together with the said Rent above reserved unto the said R.C. his Executors or Assigns all the other moiety or half-part of all the profits and gains which shall happen to be accruing and arising by means of the said husbanding and imploying of the said Lands and premisses in sort as is aforesaid or so much thereof over and above the said Rent as shall be due and payable by vertue of these presents until the Sum of c. shall be fully satisfied and paid unto the said R. C. his c. which Sum he the said R. C. at and before the ensealing of these presents did disburse and lay out for the furnishing of the said M. S. with implements utensils and other necessaries to be used and imployed in and about the manuring managing and dressing of the said Lands above-mentioned to be demised And further That he the said M. S. his Executors Administrators or Assigns or some of them shall and will from time to time and at all times hereafter during the continuance of this demise in good order of husbandry set sow plant and imploy the Lands and Premisses hereby demised to the best advantage according to the Custom of the Countrey
shall from time to time for and during his continuance and exercise of and in the said place and office demean himself therein without voluntary concealment fraud or deceit towards his said Lordship and do and shall yearly during such his continuance and exercise at the audits to be kept for his said Lordship yield and make true and just accompts to the auditor for the time being of the said Mannor and Premisses and also make current payment and satisfaction to his Receiver of the Premisses for the time being or other Officer or Officers in that behalf to be authorized and appointed at or before every such audit and audits of and for all and every such Sum and Sums of Money Rents Revenues Fines Issues Goods Chattels Profits and Perquisits as then shall have come to the hands of the said J. S. his Deputy or Deputies or as he or they ought justly to be charged withal to his said Lordship for or in respect of the said office or place that then A Condition to pay Childrens Portions and shares of their deceased Fathers estates THe Condition That if the above-bound R. Y. his c. pay and deliver or cause to be paid and delivered unto the above-named W. E. and M. natural Children of the above-named N. late of R. aforesaid their late Father deceased their several filial portions or childs parts of the goods and chattels of their said late Father deceased according to the Inventory thereof and also accompt and render unto them their just shares of all other their rights due unto them by vertue of the last Will Testament of their said father when they come to the full age of twenty one years or happen to be married and also honestly according to their degrees educate and bring up the said children during the time of their nonage with meat drink apparel and learning and if it happen any of the said children to dye before they come to full age or to be married then if the said R. Y. do content and pay the portion and other rights of him her or them so dying to whom the Law shall appoint the same to be paid or who by proximity of blood ought to have it and also save and keep harmless the above named c. Comissary and all other the officers that then c. A Condition that the Heir shall make no claim THe Condition c. That whereas R. G. of c. father of the above-bound R. is possest of one messuage or tenement and certain customary Lands thereunto belonging holden of the Right Honourable c as of the Mannor of c. called or known by the name of c. now in the occupation of c. out of which messuage or tenements is issuing the yearly rent of c. and whereas the said R. the son for and in consideration of a certaine competent sum of c. to him the said R. by the said J. well and truly contented and paid whereof and wherewith the said R. acknowledgeth himself fully satisfied hath granted and agreed that the said J. by and with the consent of the said R. the father shall have enjoy to his own use for ever the said messuage or tenement lands and premises and all the estate right title and interest which the said R. the son now hath or at any time hereafter may might should or ought to have of in and to the same from by or under the right title or interest of the said R. the Father or as heir unto him if therefore the said R. the Son his c. nor any of them do not at any time hereafter make or cause to be made any claim or demand of in or to the said Messuage or Tenement and premisses or any part thereof from and after the decease of his said Father but to permit and suffer the said J. G. his c. and every of them to have possess and enjoy to his and their own use for ever the said c. and every part thereof without any let or disturbance of or by him the said R. the Son his c. or of or by any other person or persons or by his their or any of their acts means consents or procurements clearly released acquitted and discharged of and from all incumbrances whatsoever by him them or any of them had made committed or done or to be had made committed or done in any wise that then c. A Condition to appear before the Justices of Peace c. COndition c. That if the above-bound S. T. do personally appear in the custody of the Bayliff within-written or his Deputy before the Justices c. the Monday next after the Nativity of St. John Baptist at the Town of c. to find there before the said Justices good and sufficient Sureties for the Peace and to behave and bear himself well and peaceably against c. and in the mean time keep the peace of the Common-wealth and from thenceforth save and keep harmless the within-named c. for and concerning the premisses that then c. A Condition to suffer ones Wife to make a Will and to surrender a Copy-hold to his and her use THe Condition c. That whereas there is a Marriage c. Now if the said J. F. do and shall after the celebration of the said Marriage and during the coverture permit and suffer the said F. S. to make her last Will and Testament in writing or otherwise and by the same to give and dispose of the Goods and Chattels or ready money of him the said J. F. to the value of c. or under at her will and pleasure to such person and persons and for such intents and purposes as she the said S. shall by the same Will nominate and appoint And also if the said J. F. his c. after the said Will shall be so made and published under testimony of sufficient witnesses do and shall well and faithfully execute and perform the same Will or suffer the same to be duly executed and performed according to the intent and true meaning of the said S. F. and also if the said I. F. do and shall at the next Court to be holden for the Mannor of c. surrender into the hands of the Lord of the said Mannor according to the custome of the same all that his Mansion-house c. to the use and behoof of the said I. F. and S. F for and during their natural lives and the life of the longest liver of them and after the decease of the Survivor of them then to the use and behoof of c. that then c. A Letter of Attorney to receive money due upon several Bonds allowing the Attorney his reasonable charges and out of that money which he shall receive to satisfie himself of such moneys as are due to him for him which makes this Letter TO all men to whom these presents shall come W. R. of
Sir I. S. his c. at the day and place aforesaid upon request to them or any of them made shall and will re-deliver the said I. C. his Executors Administrators or Assigns the said Indenture of of bargain and sale and the counterpart of this Indenture and one Recognizance in the nature of a Satute-staple of the sum 4000 l. wherein the said I C. standeth bounden unto the said Sir I. S. and all uch deeds evidences and writing concerning the said mannors and premisses which the said Sir I. S. or any other to his use or by his apointment shall have then had and received of and from the said I. C. or of any other whatsoever safe undefaced and uncancelled and in as good plight as he or any other to his use or by his appointment shall have received the same and that then also the said Sir I. S. his Heirs c. or some or one of them shall and will upon reasonable request made and at the proper costs and charges in the Law of the said I. C. his Heirs and Assigns grant release and assign over the said Deed or Indenture of bargain and sale and all his and their and every of their rights estates and interests therein unto the said I C. his Heirs Executors and Assigns freed and discharged of and from all and all manner of charges incumbrances and demands whatsoever had made committed done or willingly suffered by the said Sir I. S. his Heirs Executors c. or any of them in such manner and sort as by the said I. C. his Heirs or Assigns or his or their Councel learned in the Law shall be reasonably devised or advised and required so as he nor they be not compelled to travel further than the places of their abode for the effecting thereof And further it is the true intent and meaning of these presents and the parties hereunto and the true intent meaning and agreement of the said former Indenture of bargain and sale that it shall and may be lawfull to and for the said I. C. his Heirs Executors Administrators and Assigns to have hold and enjoy the said mannors and premisses with their appurtenances and to perceive receive and take the rents issues revenues and profits thereof to his and their own use and uses from time to time and at all times hereafter until default be made of payment of the said sum of 1392 l. before mentioned or of any part thereof at the day and place before mentioned limited and appointed for the payment thereof and during such time and until 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 premsses or any part thereof otherwise than for the necessary repair building or re-edifiing 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 dayes next after desault of payment of the said sum of two thousand three hundred ninty two pounds before mentioned to be paid delivered or cause to be delivered up unto the said Sir I. S. his Heirs and Assignes the full quiet and and peaceable possessions of the said Mannor or Lordship of S. and premisses with the appurtenances to the use and behoof of the said Sir I.S. and of his Heirs and Assigns for ever A Deed of Covenâ—nts 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. whereas the said I. C. by this Indenture bearing date with these presents made between him the said I. 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 Sale more at large appeareth Now this Indenture witnesseth it is hereby agreed and declared by and between all the patties 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 premisses 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 therein 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 over-plus 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 payed and discharged That then such over-plus shall be imployed and disposed of for and towards the satisfaction of such other debts as the said I.C. shall by any writing to be by him signed and sealed in in the presence of two or more Witnesses declare and appoint no otherwise A Release for money that was left in the han is of a purchaser on payment 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 Whereas 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 E.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 I.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 or upon any of the said lands and premisses of any other the Lands of the said T.G. for or by reason of any the debts of the said I.C. and W. C. his deceased father or either of them and whereas the said T.G. at the time of the ensealing of the presents at the request of the said R.I. hath paid the said sum of 628 l. to the said I.C. and R.I. or one of them or to such as were appointed by them or one of them to receive the same Now that the said R.L. and I.C. have received the said sum of 628 l. of and from the said T.G. the receipt whereof they do hereby acknowledge and that the same in the last payment and in full satisfaction of and for all the Lands Tenements and Hereditaments which the said I. C. had in the County of O. and which the said T. G. purchased and thereof and of every part and parcel thereof they do clearly and absolutely acquit and discharge the said T. G. his Heirs Executors and Administrators for ever by these presents And in consideration of the premisses the said R. I. and I. C. do for themselves joyntly and either of them for himself severally doth covenant promise and grant to and with the said T.G. his Heirs Executors and Assigns that they the said R.I. and I.C. shall and will from time to time and at all times hereafter save defend and keep harmless the said T.G. his Heirs Executors and Assigns and also all the said Lands and Premisses in C. aforesaid or elsewhere in the County of O. so purchased by him the said T.G. and all others his Lands Tenements Goods and Chattels of and from all loss and damage whatsoever which shall happen arise or befall for or in respect of any the debts of the said W.C. and I.C. or of either of them In witness c. A Proviso to be inserted in a Lease or a power of Revocation reserved PRovided always That if the said c. his Executors or Administrators or any of them shall at any time hereafter pay or tender unto the said W.W. his Executors c or to any other person or persons whatsoever to and for the use of the said W.W. his c. the sum of 12 l. of lawfull money of England to the intent to make void this present Lease and Demise and shall express and declare such his her or their intention either by word or writing that then and from thenceforth this present Lease and Demise shall cease and be void In witness c. A Presentation of a Minister to a Living decording to the Form now used TO all Christian People to whom this present Writing shall come we A.B. and C.D. the true and undoubted Patrons of the Vicaridge or Parish-Church of C. in the County of S. send greeting for as much as the said Vicaridge or Parish-Church is lately by the death of E.F. the late Incumbent there become void and in our full right of Presentation we do therefore hereby present you G. H. Clerk Mr. of Arts unto the Church of C. aforesaid and to the Vicaridge thereof to have hold and enjoy the same with all and every the rights members and appurtenances thereunto belonging according to several former and late Acts of Parliament in this case provided doing and performing the duties of a Pastor belonging to the said Church In witness whereof we have hereunto subscribed our names and set our seals this _____ day of _____ in the Year of our Lord God One thousand six hundred and fifty two A Lease of a Parsonage impropriate for three lives upon surrender of a former Lease with extraordinary Covenants with a Letter of Atturney to deliver possession together with the Execution thereof endorsed THis Indenture made the 5th day of March in the Year of our Lord God 1651. Between R.S. of the City of Oxford Gent. of the one part and W.P. of London Esq of the other part Witnesseth that the said S. W. for divers good causes and considerations him hereunto moving and especially in consideration of a Surrender made to the said W.C. of a Lease now in being for three lives bearing date the 28. of March in the Sixth year of the Reign of the late King Charles made by I.S. father of the said W.S. party to these presents deceased to Sir H.M. deceased of the parsonage of Bray and other things hereafter in these presents mentioned hath demised granted and to farmlet and set to the said W.P. the scite of the parsonage of Bray in the County of B. and all the houses upon the said scite builded arable Lands Meadows Leasows and Pastures Demesnes as well in several as in common to the said Parsonage belonging and all the Rents of all the Tenements of the said W. S. as well Freeholders as Customary Tenants and all the Tithings of Corn and Hay to the said Parsonage belonging with all other the profits and commodities to the said Parsonage belonging or appertaining except and to the said W.S. and his Heirs and Assins alwayes reserved all Wards Marriages Reliefs Escheats Fines Heriots Amerciaments Woods and Underwoods and the Advowson of the Parish-Church of Bray when and as oft as it shall be void To have and to hold the said scite of the Parsonage aforesaid and all the said Houses Lands Meadows Leasows Pastures Tithes and other the premisses with all and singular the commodities and profits thereunto belonging with their appurtenances except before excepted to the said W. P. his Executors Administrators and Assigns for and during the lives of the said W.P. and M.P. his wife and T.P. Son of the said W.P. and for and during the natural life of the longer liver of them or any of them yielding and paying therefore yearly during the said Term unto the said W.S. his Heirs and Assigns Four pounds of good lawfull money of England at four Feasts or Terms of the year That is to say at the Feast of Saint Thomas the Apostle the annuntiation of the blessed Lady Saint Mary the Virgin the Nativity of Saint John the Baptist and St. Michael the Arch-angel by even and equal portions and if it happen the said yearly rent of Four pounds or any part or parcel thereof to be behind and unpaid after any of the said Feasts above limited for payment thereof during the said Term by the space of one month that then it shall be lawfull to and for the said W.S. his Heirs and Assigns into the the said scite and all other the premisses to enter and distrain and the distresses there taken to lead drive and carry away and do detain in the same till the said Rent and the Arrerages thereof if any shall be they shall be fully satisfied and contented and if
the same Rent or any part or parcel thereof be behind and unpaid after any of the Feasts above limited for payment thereof by the space of one quarter of a year or if it happen the said W.P. or any of his Assigns to make any waste in the said scite or other of the premisses or any part thereof except the same be re-edified and builded within one whole year next after notice and warning thereof to them given that then it shall be lawfull to and for the said W.S. his Heirs and Assigns into the said Scite Lands Meadows Leasows Pastures Rents Tythings and all and singular other the premisses to re-enter and the same to have again possess and enjoy as in his or their former estate and the said W. P. his Executors and Assigns thereof and from thence utterly to expell and amove this Indenture or any thing herein contained to the contrary notwithstanding And the said W.P. for himself his Executors Administrators and Assigns doth Covenant and grant to and with the said W.S. his Heirs and Assigns that he the said W.P. his Executors Administrators and Assigns shall find to the said W.S. and his Heirs and his and their Deputies and Officers coming to the said Scite or Parsonage as well for the Courts and Law dayes there to be kept as for the survey of the Premisses Meat Drink House-room and beds convenient and necessary for their Degrees and for their horses hay litter and provinder sufficient at the costs of the said W.P. his Executors and Assigns from time to time during the said term And that the said W.P. and his Assigns during the said term shall yearly finde to the Suitors of the Court of Bray such Dinners or Repasts as I.P. and other Farmours there have used to do taking of the said W.S. 10 s. yearly during the said term and that the said W.P. and his Assigns all the Dung upon the said Scite and other the Premisses gathered and hereafter during the said term to be gathered upon the Lands and Demeasnes of the said Parsonage and in none other place shall lay or spread during the said term and also shall leave all the Meadows of the said Parsonage unmowed with their grass and vesture full growing as in the beginning of the said term they shall be left to him and that the said W.P. and his Assigns the great Barn of the said Parsonage and all the Houses upon the said Scite builded and all the Hedges Walls Ditches Inclosures and other the Premisses during the said term shall sufficiently repair maintain scour and keep at their onely costs and expences and so in the end of the said term shall leave them the said W.P. and his Assigns taking sufficient great Timber for the same in Grounds of the said W.S. at Bray aforesaid and the said W.P. Covenanteth and Granteth by these presents for him his Executors and Assigns that he or one of his Assigns shall be continually dwelling upon the said Scite with all their houshold or else shall appoint a convenient Tenant or Under-tenant to dwell and abide thereupon by themselves and all their houshold during the said term And the said W.S. hath constituted ordained and appointed and by these presents doth constitute ordain and appoint H. W. to be his true and lawful Attorney for him and in his name and stead to enter into the said Scite Parsonage and other the premisses or into some part thereof in the name of the whole and possession of the same to take and after to deliver seisin of all the said premisses or of some part thereof in the name of the whole unto the said W.P. or to his Attorney lawfully authorized to receive the same To have and to hold to him the said W.P. his Executors Administrators and Assigns for and during the lives of the above named W.P. M.P. and T.P. and the life of the longer liver of them according to the purport effect and true meaning of this Indenture In witness whereof the said parties to these presents their hands and Seals enterchangeably have set the day and year first above written The Execution of the Letter of Attorney for possession endorsed on the back of the Lease aforesaid MEmorandum That the _____ the day of _____ in the Year of our Lord God c. the within named H.W. according to the power and authority to him given by the within named W.S. did enter into the Parsonage House of Bray in the County of B. in the Name of the whole Rectory and premisses withinmentioned to be demised and did deliver possession and seisin thereof unto the within named W.P. To have and to hold according to the purport and effect of the Deed within written in the presence of c. A Grant of an Annuity for three Lives with the Inheritance of the Land assured for the same by Recovery and Fine Well penned THis Indenture made c. Between the Right Honourable H. Earl of H. and the Right Honourable K. Countess of H. now his Wife on the one part and I.S. and A. his Wife on the other part Witnesseth That the said E. for and in consideration of the sum of 3000 l. of good c. hath given and granted and by these presents doth give and grant for him his Heirs Executors and Administrators one Annuity of 500 l. of lawfull c. by the said Earle his Heirs Executors Administrators or Assigns from henceforth yearly to be paid to the said I.S. and A. and their Assigns and to the survivor of them and the Assigns of the survivor of them by and during all the term of the natural lives of the said I. and A. and the natural life of the longer liver of them at the Northgate of the new-building scituate within the City of L. commonly called the Royal Exchange c. at two equal payments in every year in manner and form following that is to say on the twentyeth day of November between the hours of c. in the afternoon of the same day 250 l. and on the twentyeth of May between like hours in the afternoon of the same day 250 l. the first payment thereof to begin and to be made on the said twentieth day of November next coming and so from thenceforth to have continuance and yearly to be paid to the said I. and A. and to the longer liver of them and their Assigns and to the Assigns of the longer liver of them every year upon the said dayes and within the said times and at the said place during the nature lives of the said I. and A. and the natural life of the longest liver of them And for the said consideration and for a good and certain surety and assurance to be had and made to the said I.S. and A. his Wife of and for the said annuity and yearly payment of 500 l. to them Covenant for perfect assurance to be made for the â—nuity and the survivor of them and
to their Assigns and the Assigns of the Survivor of them well and truly to be made every year during their natural lives and during the natural life of the longer liver of them according to the tenor effect and true meaning of these presents The said Earl for himself his Heirs Executors and Administrators every of them and for the said Countesse his Wife doth covenant grant and agree to and with the said I. and A. their Executors Administrators and Assigns and every of them by these presents The said Earle and Countess will permit c. to recover c. by Writ of c. That he the said Earl and the said Countesse his Wife before the last day of Nov. now next coming shall and will permit and suffer the said I. and A. at the cost charges in the Law of the said I. lawfully to recover against the said Earl Countess by Writ of Entry Sur Disseisin with Voucher or Vouchers after the order and course of Common Recoveries of all that the Mannor of A. with the appurtenances in the County of S. c. and all and singular Messuages Lands Tenements Rents Reversions Rights Patronages of Churches Franchises Liberties Jurisdictions Priviledges and Hereditaments whatsoever esteemed reputed used demised or taken as part parcel or member of the said Mannor of A. and all and Singular Mannors Messuages Lands Tenements Reversions Services and Hereditaments whatsoever which the said Earl and Countesse have or either of them hath or at any time had in or within the said c. And also the said Earl and Countesse shall likewise permit and suffer the said I. and A. lawfully to recover against the said E. and C. by another Writ of Entry sur disseisin with Voucher or Vouchers after the order c. of all that the Mannor c. and likewise to recover c. by another Writ of Entry And that all the said Recoveries shall be in due Form of Law lawfully Executed And moreover that as well the said E. and C. now his Wife at the costs and charges of the said I.W. in the Law on or before the last day of November now next coming as aforesaid shall and will by fine in due form of Law to be levied with proclamations according to the statute in that behalf provided convey and assure unto the said I. and A. and to their Heirs or to the Heirs of one of them all the said Mannors and all the premisses with all and singular their appurtenances with warranty of the said E. and the said C. his Wife and of the Heirs of the said E. of all the premisses to the said I. S. and A. his Wife and to the Heirs of the said I. against all men as also that after the said Fine had recovered and executed Sir G.H. Kt. brother of the said E. on this side such a day at the costs and charges in the Law only of the said I. and A. or of their Assigns shall and will by Fine with Proclamations according to Statute in due form of Law by him the said Sir G. to be levied grant and release unto the said E. and his Heits all and singular the premisses with warranty of the same to the said E. and his Heirs against him the said Sir G. and his Heirs according to the usual manner of Fines And it is condescended concluded and agreed between the said parties that as well the said Fine of the said E. That the fine and recoveries shall be to the use of c. and C. and the said Recovery and Recoveries so to be had and executed as is aforesaid as also the said Fine of the said G. H. and all other Fine and Fines Recovery and Recoveries Assurance and Assurances whatsoever specified or mentioned in these presents shall be to the uses intents and purposes hereafter expressed in these Indentures and to none other use or uses intent or purpose that is to say to the use and behoof of the said E. and his Heirs untill default of payment shalt be made of the said Annuity granted by these presents or of some part thereof contrary to the form tenor and effect of these presents and after default of payment of the said Annuity or any part thereof contrary to the form tenor and effect of these presents then to the onely use and behoof of the said I. and A. and for and during the term of their natural lives and the life of the longer liver of them their Assignee and Assignees And the Assignee of the survivour of them In witness whereof the said parties to these presents their hands and seals interchangeably have set the day and year first above-written A Lease for a year THis Indenture made the c. day of c. in the Year of our Lord God according to the accompt used in England 1658. between W. S. the elder of c. in the County of c. Esq and Doctor in Divinity of the one part and S.M. and C.D. of c. in the County of c. Gent. of the other part Witnesseth that the said S.W. for and in confideration of the Sum of five shillings of lawful money of England to him in hand paid by the said S.M. and C.D. whereof he doth hereby acknowledge the receipt hath bargained and sold and doth by these presents bargain and sell unto the said S.M. and C.D. their Executors Administrators and Assigns all the Lands Tenements and Hereditaments with their and every of their appurtenances commonly called or known by the Names of c. containing by estimation six hundred and thity acres be the same more or lesse scituate lying and being in the Towns Parishes Villages and Hamlets of G. and S. in the said County of c. or one of them together with all other lands tenements and hereditaments heretofore of Sir S.W. deceased and now or late of the said S.W. that are scituate lying and being in the Towns Villages and Hamlets of M. and T. aforesaid or either of them and also the reversion and reversions remainder and remainders thereof to have and to hold the said lands tenements hereditaments and premisses with the appurtenances unto the said S M. and C.D. their Executors Administrators and Assigns from the day next before the date hereof unto the end and term and for and during the term of one year from thence next ensuing to the intent that by virtue thereof and of the Statute for transferring uses into possession the said S.M. and C.D. may be in the actual possession of the said lands tenements and premisses and be enabled to take and accept of a grant and release of the same premisses to them their Heirs and Assigns for ever In witnesse c. A Release and confirmation of the precedent lands THis Indenture made the c. day of c. in the year of our Lord God according the accompt used iâ— England 1658. Between W.S. of c. in the County
them or of any part of them or either of them this Indenture of Lease and all and every matter and thing herein contained shall cease determine and be utterly void to all intents purposes this Indenture or any thing therein contained to the contrary thereof in any wise notwithstanding the same several payments to be made and paid at or in the now c. and that without any demand to be made for the same Covenant to re-deliver possession upon failing of payment And the said J.M. and G.M. for themselves and either of them joyntly and severally and for their and either of their several Heirs Executors and Administrators and for every of them do and doth Covenant Promise and grant to and with the said T. I. his Executors and Assigns and to and with every of them c. that in case the said J. M. and G.M. their Executors Administrators and Assigns shall fail to pay the said several sums of money or any of them or any part of them or either of them at the dayes and times herein before mentioned and appointed for payment thereof that then they the said I. M. and G. M. their Heirs and Assigns and every and either of them shall and will within c. next after default of payment of the said sums of money or any or either of them or any part of them or either of them leave yield up and deliver unto the said T. L. his Executors and Assigns the peaceable and quiet possession of the said Mannor Messuages Lands and all other the premisses with their and every of their rights members appurtenances And to make further assurance And also that the said I. M. and G. M. their heirs and assigns shall and will from time to time and at all times during the space of seven years c. as in Covenants for further assurance And the said T. L. for himself That if the said I. M. and G. M. their heirs and assigns or any or either of them do and shall well and truly pay or cause to be paid unto the said T. L. his Executors or Assigns the said several Sums of money herein before mentioned and expressed at the dayes and times in the Proviso herein before expressed and appointed for payment thereof according to the true intent and meaning of the said Proviso Covenant upon payment to assign over all the Lessors interest That then the said T.L. his Executors and Assigns from and after full payment of the several Sums of money in form aforesaid shall and will at the request of the said I. M. and G.M. their Heirs and Assigns deliver up the said recited Indenture and also that part of these presents which is under the hand and seal of the said I.M. and G.M. And also that he the said T.L. his Executors and Assigns shall and will permit and suffer them the said I.M. and G.M. their Heirs and Assigns to hold and enjoy the said Mannor and premisses for and untill default of payment of the said several sums of money or either or any part of them shall happen to be made by the said I.M. and G.M. their heirs or Assigns at either of the dayes or times herein before mentioned and appointed for payment thereof In witnesse c. A Confirmation of a Mortgage TO all Christian people to whom this present writing shall come R. F. of London Son and Heir of W. F. late of L. in the Parish of P.R. in the County of B. Yeoman deceased sendeth greeting in our Lord God everlasting Whereas the said W.F. by his Indenture of Lease bearing date c. made between the said W. F. by the name of W. F. of L. in the parish of P. R. in the County of B. Yeoman on the one part and T.F. then of W. A. in the parish of H. in the said County of B. Husbandman on the other part for and in consideration of the Sum of 50 l. of currant money of England to him the said W. F. by the said T. F. in hand paid and for other considerations him moving did demise grant and to farm-let unto the said T. F. his Executors and Assigns all that Messuage or Tenement wherein he the said W. F. did then dwell with the appurtenances scituate lying and being in L. aforesaid within the parish of P.R. in the C. of B. and also all and singular the Cottages Houses Barns Stables Buildings Edifices Yards Back-sides Orchards Gardens and Easements to the said Messuage or Tenement belonging or in any wise appertaining And also all those two Closes c. and also all Woods Underwoods Timber and Trees Quick-mounds Hedges Ditches Fences Hades and Blanks whatsoever standing growing or being in or upon the premisses or any part or parcel thereof or to the same premisses or to any part or parcel thereof belonging or in any wise appertaining together with all Commons Common of pasture Commodities Profits and Appurtenances whatsoever and all other Lands Tenements and Hereditaments whatsoever to the said Messuage or Tenement and other the Premisses or to any of them belonging or in any wise appertaining and the Reversion and Reversions Rent and Rents of all and singular the premisses and of every part and parcel thereof To have and to hold the said Messuage or Tenements Houses Closes arable Lands Woods Under-woods Commons Commodities and all other the premisses and every part and parcel thereof with their appurtenances unto the said T.F. his Executors Administrators and Assigns from the Feast of c. next coming after the date of the said recited Indenture unto the end and term and for and during the term of 500 years from thence next ensuing fully to be compleat and ended and without impeachment of or for any manner of wast by and under the yearly Rent of 1 l. at the Feast of c. onely if it were lawfully demanded Nevertheless with Proviso in the said recited Indenture contained and hereafter belonging viz. Provided alwayes and it is covenanted granted concluded and fully agreed by and between the parties to the said Indenture That if the said W. F. his Heirs Executors Administrators or Assigns or any of them do and shall well and truly content satisfie and pay or cause to be paid unto the said T. F. his Executors Administrators or Assigns the full sum of 50 l. of lawful money of E. on and upon the twenty sixth day of M. next coming after the date of the said recited Indenture at the then dwelling house of the said T. F. at c. without fraud or deceit That then at all times thenceforth from and after full payment made of the said sum of 50 l. as aforesaid the said Indenture Lease Demise and Grant and all and every other Covenant Grant and Articles therein contained should cease determine and be utterly void and of none effect to all intents and purposes and that then and at all times from thenceforth it should be lawful for the
said W. F. his heirs and assigns into the said premisses to re-enter and the same to have again as in and by the said recited Indenture c. appeareth And whereas the said W. F did not pay nor cause the said Sum of 50 l. to be paid neither is the same yet paid unto the said T. F. according to the Proviso or Condition in the said recited Indenture of Lease mentioned by reason whereof all the said Messuage and Premisses became absolutely forfeited unto the said T. F. for all the said term of 500 years in the said recited Indenture mentioned Now these presents witness That the said R. F. being Son and Heir of the said W.F. deceased for and in consideration of the Sum of 28 l. more of currant money of E. to him in hand paid c. and for other good causes and considerations him moving hath and hereby doth absolutely grant ratifie and confirm the aforesaid Lease and all the Estate and term for years therein and thereby demised and granted or mentioned to be demised and granted And also doth hereby fully and absolutely release the said Condition and assure all and every Condition and Conditions whatsoever in the said recited Indenture of Lease contained And also the said R.F. for the consideration aforesaid doth hereby grant demise confirm and unto the said T.F. his Executors Administrators and Assigns the aforesaid Messuages or Tenement Cottage Closes Lands and all other the premisses for all the foresaid term and number of 500 years by the said recited Indenture of Lease demised or thereby mentioned to be demised and doth also hereby grant and release unto the said T. F. his Executors and Assigns the aforesaid yearly Rent of 1 l. by the said recited Indenture reserved and all the arrerages thereof To have and to hold all the said Messuage or Tenement Cottages Closes Lands and all other the premisses with their and every of their appurtenances in the said recited Indenture mentioned and the said yearly rent unto the said T.F. his Executors Administrators and Assigns for and during all the rest and residue of the said term and number of 500 years in the said recited Indenture of Lease mentioned and now to come and unexpired freely and absolutely without any Proviso or Condition whatsoever Cum Covenantis proprecata fruitione ab Incumbram ulterior Assurand In witnesse whereof c. An Indenture upon Marriage and for setling Lands to uses and a Declaration of a Fine lovied to those uses THis Indenture made c. between J. S. Esq second Son of the Right Honourable H E. of W. on the one part and A. Lady D. of c. and Sir T. W. of c. on the other part Whereas the said E. and A. his wife Recital of being seized in the County of W. are now seized for the term of their lives and for the life of the longer liver of them of and in all that the Mannor of G. and the Lands Tenements and Hereditaments called C. P. and of the Burrough of C. and of the Advowson and free gift of the Parsonage of the Church of C. with all and singular the rights members and appurtenances thereof in the C. of D. and of divers Messuages Lands Tenements Rents Woods Wood grounds and hereditaments to the said Mannor and premisses belonging or appertaining without Impeachment of wast the Reversion or Remainder thereof to the said J. S. and the heirs of the body of the said J. S. lawfully to be begotten And for want of such Issue the Remainder to the right heirs of the body of the said E. and C. And for want of Heirs issuing of the body of the said E. and C. the Remainder then to the right and next heirs of the said C. for ever Recital of the Marriage And whereas there is a Mareiage by Gods Grace intended shortly to be had and solemnized between E. Lord H. Son and heir apparent of the said E. and C. and E.D. sole Daughter of the said A. Lady D. they the said E. and C. and the said J. S. for settling of the Inheritance of the said M. and premisses to the uses hereafter expressed and declared have this present time of the holy Trinity in the year above-said acknowledged and levied one Fine in due form of Law before his Majesties Justices of his Court of Common-Pleas at Westminster Recital of the Fine unto the said A. Lady D. and Sir T.W. and to the heirs of the said A. Lady D. amongst other Mannors Lands Tenements and Hereditaments in the said Fine contained of and for all that the said Mannor of C with the appurtenances And of all Lands Tenements Meadows Pastures Feedings Commons Woods Wood-grounds Wasts Moors Heaths Liberties Franchises Jurisdictions Advowsons Presentations Emoluments and Hereditaments whatsoever to the said Mannor and premisses or any part or parcel thereof belonging or appertaining or accepted reputed taken known or demised letten used occupied or enjoyed as part parcel or member thereof or any part thereof And whereas the said E. and C. by Indenture tripartite under their Hands and Seals dared with these presents have expressed and declared that the said Fine so levied of and for the said Mannor of C. and premisses herein contained should be and enure to the use and behoof of them the said E and C. for and during the term of their two lives and the life of the longer liver of them without Impeachment of or for any manner of wast and from and after their decease and of the Survivor of them the remainder thereof to the use of the said E. Lord H. during the term of his natural life and from and after hiâ— decease the Remainder thereof to the Heirs males of the body of the said E. Lord H. to be begotten on the body of the said E. the remainder thereof to the right heirs of the said C. as by the said Fine and recited Indenture purporting and declaring the use aforesaid it doth and may appear Now this Indenture witnesseth Intention of Parties and it is hereby covenanted concluded declared and agreed by and between all the parties to these presents and the true intent and meaning of the said J S. and of all the parties to these presents and to the said Fine at the time of levying thereof for and concerning the said Mannor of C. with the rights members and appurtenances thereof was and now is that the said Fine should be and enure and hereby and by all the parties to these presents is declared and expressed to be and enure and the Cognizees of the said Fine and their heirs shall stand and be seized of the said Mannor of C. with the rights members and appurtenances thereof To the uses intents and purposes hereafter expressed limited and declared that is to say The Uses To the use and behoof of them the said E. and C. for and during their two lives and the life of the longer liver of them
without Impeachment of any manner of wast And from and after their decease and of the Survivor of them the Remainder thereof to the use of the said E. Lord H. Son and Heir apparent of the said E. for and during the term of his natural life And from and after his decease the Remainder thereof to the heirs males of the body of the said E. Lord H. to be begotten on the said E. D. his intended Wife and in default of such heirs males then to the use of the heirs of the body of the said E. Lord H. to be begotten on the body of the said E. D. the Remainder thereof to the right heirs of the said C. and to none other use intent or purpose Provided alwayes Provise to make Leases and the true intent and meaning of all the parties to these presents is and was at the time of levying the said Fine That it shall and may be lawful to and for the said E. and C. during their joynt lives and for the Survivor of them at all times and from time to time to make any lease or leases of all or any of the said Mannor and Premisses or any part or parcel thereof to any person or persons for 21 years in possession or under or for three lives in possession or under and not otherwise or in other manner so as upon every such Lease so to be made the usual and old accustomed Rent or more be reserved and appointed to be payable yearly during the said term or terms to such person or persons as by force of these presents or of the said Fine or recited Indencure or any of them shall or ought after the decease of the said E. and C. to have the immediate Reversion or Remainder thereof In witnesse whereof c. A Declaration of the use of a Fine and Recovery THis Indenture made c. between the Right Honourable T. L. W. on the one part and the Right Honourable W. L. P. Sir N. F. and T. A. on the other part VVhereas The recital of the Fine and Recovery c. reciting a Fine and Recovery suffered in the Term of c. of these Mannors c. by the name or names of c. Now this Indenture witnesseth That the true intent and meaning of the said L. Lord W. and of the said Recoveror and of all the parties to the said Recovery and every of them and to these presents before and at the several and respective times of the suffering of the said Recovery for touching and concerning the said Mannors Lands Tenements Hereditaments and premisses and every of them The intent of the Parties at the execution of such Fine and Recovery whereof the said Recovery was suffered and had alwayes was and now is That the said Recovery should and shall be and enure and be construed adjudged deemed and taken to be and enure and that the said Recoverors and every of them and all the parties to the same and the party-takers thereby and their heirs and all and every other person or persons and his and their heirs who then were or now are or hereafter shall be seized of the said Mannors Lands Tenements Hereditaments and premisses or of any part thereof or any of them should and shall stand and be seized of the same Mannors Lands Tenements Hereditaments and premisses and every parcel thereof with the appurtenances to the uses purposes and intents and under the Provisions Conditions and Limitations hereafter in these presents expressed specified limited and declared and to no other use intent or purpose And the said T. Lord W. doth hereby limit The Uses express declare and appoint that all the same Mannors Lands Tenements Hereditaments and premisses shall be and remain to the several uses purposes and intents hereafter in these presents expressed that is to say to the use and behoof of the said T. Lord W. and his Assigns for and during the term of his natural life without Impeachment of or for any manner of waste and from and afteâ— the decease of the said T. Lord W. then to the use of the said W. Lord P. Sir N. F. and T. V. their Heirs and Assigns for everâ— for and to this intent and purpose that they the said c. and the heirs and the Survivor and Survivors of them aâ— his and their heirs For payment of Debts shall and will bargain sell oâ— otherwise dispose of the same for and towards tâ— payment satisfaction and discharge of such Deâ—â— and Sums of money as the said T. Lord W. doth now owe 〈◊〉 which he shall owe at the time of his death to any person or persons and for the discharging of such person and persons as do noâ— stand or which at the time of the death of the said T. Lord W. shalâ— stand bound or engaged for or with the said T. Lord W. for the samâ— debts or sums of money or any of them and also for the satisfaction payment discharge of all such sum or sums which the said T. Lord W. hath or hereafter shall take up borrow or receive for 〈◊〉 consideration of which he hath heretofore granted or hereafter shall grant any Annuity or Annuities Rent or Rents-charge issuing or to be issuing or payable out of the same Mannors Lands Tenements Hereditaments and premisses or any of them or out of any of the Mannors Lands Tenements or Hereditaments of the said T. Lord W. in the Territories of England whereby the same Rent or Rents-charge shall and may be determined And also for and towards the payment and discharge of the Funeral charges and expences of the said T. Lord W. and of the Legacies and bequests which the said T. And Legacies Lord W. by his last Will and Testament in writing to be sealed subscribed and published by him before three sufficient witnesses shall give and bequeath to any person or persons or to any use or uses or so much of such sum and summes of money debts Funeral expences and Legacies as the value of the said Mannors Lands and Tenements to be sold as aforesaid shall amount unto The disposal of the over-plus And that if any over-plus shall be of the value of the same Mannors Lands Tenements Hereditaments and premisses more than shall be or will be sufficient to satisfie and discharge all the same debts sums of money funeral charges Legacies and bequests that then the said c. their Heirs Executors or Administrators shall and will pay and deliver the same over-plus which shall remain of the Sale or value of the said Mannors Lands Tenements Hereditaments and premisses unto such person or persons to whom the said Lord W. shall by his last Will in writing in presence of two witnesses at least appoint the said Lands and premisses to come after his death And further upon this trust and confidence reposed in the said c. and their heirs that if the said person to whom the premisses
and have now and at the execution of the said estate shall then have good right full power and lawfull and absolute authority to grant bargain sell c. Cum. Covenant pro exonerat ab Incumbr fruitionâ— And that he the said J. F. and his heirs and all and every other person or persons lawfully having or claiming to have any manner of estate right title or interest of in or to the premisses before by these presents bargained and sold or mentioned or intended to be bargained and sold with the appurtenances or of in or to any part or parcel thereof by from or under the said J. F. and E. F. or either of them shall from time to time and at all times for and during the space of five years next ensuing the date hereof when and as often as they or any of them shall be thereunto reasonably required by the said J. R. his heirs or assigns or any of them make do suffer knowledge and execute or cause to be made done suffered knowledged and executed at the costs and charges in the Law of the said J. R. his heirs or assigns or some or one of them all and every such further lawful and reasonable act and acts thing and things device and devices assurance and assurances in the Law whatsoever for the further better and more perfect assurance surety sure-making and conveying of all and singular the premisses and every part and parcel thereof with the appurtenances to the said J. R. his hein and assigns according to the true intent and meaning of these presents Be it by Fine Feoffment Recovery Release Confirmation with Warranty only against the said I. F. and his heirs or without Warranty or by all or any of the aforesaid wayes or means or by any other lawful or reasonable wayes or means in the Law whatsoever without Warranty or with the like Warranty as aforesaid as by the said I. R. his heirs or assigns or any of them or by his their or any of their Council learned in the Laws shall be lawfully and reasonably devised advised or required Provided alwayes and it is Covenanted Concluded Conditioned and agreed by and between the said parties to these presents That if they the said I. F. and E. F. or either of them their Heirs Executors Administrators and Assigns or any of them do well and truly content and pay or cause to be contented and paid to the said I. R. his Executors Administrators or Assigns at the now dwelling house of c. the Sum of c. of c. in form ensuing c. without fraud or guile That then this present bargain and safe and all and every Covenant Grant Article and thing herein contained shall to all effects purposes and constructions be utterly void frustrate and of none effect But if default of payment in any of the dayes of payment aforesaid in part or in all contrary to the form above declared that then this present bargain and sale and all and every Covenant Grant Article and thing herein contained shall to all effects and purposes stand remain and abide in its full force and strength any thing herein before expressed to the contrary thereof in any wise notwithstanding In witnesse whereof c. A Conveyance of a Mannor THis Indenture made c. between R. H. M. his wife and I. H. on the one part and Sir R. D. on the other part witnesseth That the said R. H. M. his wife and I. H. for and in consideration of the sum of Grant of the Mannor c. Have granted aliened bargained sold enfeoffed and confirmed and by these presents do joyntly and severally grant alien bargain sell infeoff and confirm unto the said Sir R. D. his heirs and assigns for ever All that the Mannor or Lordship of R. in the County of O. with the Rights Members and Appurtenances thereof And also all and singular Messuages Houses Edifices Buildings Barns Stables Dove-houses Yards Back-sides Orchards Gardens Lands Tenements Meadowes Pastures Feedings Woods Under-woods Wood-grounds with the soil and ground of the same Timber and Trees Waters Water-courses Ponds Pools Liberties Fishings Courts Leets Views of Frank-pledge Perquisites and Profits of Courts and Leets Wayfes Estrayes Heriots Felons Goods and Goods of Fugitives Rents Services Rents-seck and all other Rents and Services whatsoever reserved upon any Demise or Lease heretofore made of the premisses or of any part thereof Wastes Waste-grounds Easements Passages Profits Commons Commodities Jurisdictions Emoluments Mills Hereditaments and Appurtenances whatsoever to the said Mannor and Premisses or any of them belonging or in any wise appertaining or reputed to be belonging thereto or used therewith And also all that the Advowson Of an Advowson Presentation and right of Parsonage of the Rectory Church and Chantrey of R. aforesaid And all Tithes oblations and obventions whatsoever belonging to the said Rectory Church or Chantreys of P. aforesaid And all that Messuage Tenement or Farm Of a Farm situate and being in R. aforesaid now or late in the tenure or occupation of W. C. or his Assigns called or known by the name of S. or by whatsoever other name or names the same is called or known and all Houses Edifices Buildings Barns Stables Yards Back-sides Orchards Gardens Lands Tenements Meadows Pastures Wayes Easements Passages Profits Commons Commodities Woods Wood-grounds Timber and Trees Waters Water-courses Emoluments Hereditaments and Appurtenances whatsoever to the said Message Tenement or Farm and premisses or any of them belonging or in any wise appertaining or reputed to be belonging thereto or used therewith And also all those Messuages Lands Tenements and Hereditaments with their appurtenances called the Chantrey Lands in R. aforesaid And also all and singular other the Messuages Cottages Lands Tenements Meadowes Pastures Feedings Woods Wood-grounds Rents Reversions Services and Hereditaments whatsoever of them the said R. H. M. and J. H. or any or either of them in or within the Towns Fields Parishes Hamlets Territories or Precincts of R. and B. and L. or any or either of them in the said County of O. And also all the estate right title interest use possession and the Reversion and reversions remainder and remainders rent and rents claim and demand whatsoever of them the said R. H M. and I. H. and every and either of them of in and to the said Mannor and Premisses and of in and to every part and parcel thereof belonging Of Writings with a Covenant to deliver them by such a time or in any wise appertaining And all Writings Evidences Deeds Charters Fines Escripts Court-rolls Exemplifications and Minuments whatsoever concerning the said M. and premisses or any part thereof which the said R. H. now hath in his possession or can conveniently come by without Sute in Law And true Copies of all such Writings and Evidences as do concern the same or any part thereof with any other Lands Tenements or Hereditaments the same Copies and every of them to be copied
present Indenture and the Estate hereby granted shall cease determine and be utterly void to all intents and purposes any thing herein contained to the contrary thereof in any wise notwithstanding In witnesse whereof c. A Lease in trust THis Indenture made c. between Sir R. D. of c. on the one part W.D. of c. R. H. and T. S. c. on the other part Witnesseth That the said Sir R. D. for c. setting down the Demise ut supra though of other Lands with the Habendum and Reddendum ut supra Nevertheless upon this special trust and confidence that they the said W.D. R.H. and T.S. their c. shall permit and suffer him the said Sir R.D. and his assigns during his life to hold and enjoy the said Mannor and Premisses and to receive and take the rents issues and profits thereof to his and their own use And also upon this further special trust and confidence that they the said W. D. R. H. and T. S. their c. from and after the decease of the said Sir R. D. shall imploy yearly out of the profits of the said M. and premisses the sum of 50 l. of c. for the Education and bringing up of M. D. Gentleman second Son of the said Sir R.D. for and untill he the said M. shall attain unto the age of nineteen years And also that they the said W.D. R.H. and T. S. their c. from and after the said M. D. shall attain his said age of nineteen years during the residue of the said term shall raise out of the profits of the premisses the sum of 80 l. per annum for and towards the maintenance and for the portion of him the said M.D. And also at the end of the term hereby demised shall and will yield and deliver the rest and residue of all the profits of the premisses by them received or raised unto him the said M.D. or to his issue if any issue of his body be then living And if the said M.D. before his said age shall die without issue that then they the said W.D. R.H. T.S. their c. from and after the decease of the said M.D. without issue as aforesaid shall yield and deliver unto J.D. Esquire eldest son and heir apparent of the said Sir R. D. at his age of nineteen years or to such issue of his body as shall be living at such time as the said J.D. shall have accomplished his said age of nineteen years if he had lived all such rents sum and sums of money as they or any of them shall have received or taken out of or for the said Mannor or Premisses and every or any of them And if the said J.D. before the said age of nineteen years shall die without issue that then they the said W.D.R. H. and T.S. their c. from and after the decease of the said J. D. as aforesaid shall yield pay and deliver unto R. D. Gent. youngest son of the said Sir R. D. at his age of nineteen years or to such issue of his body as shall be then living all such rents sum and sums of money as they or any of them shall have received or taken out of or for the said M. and premisses and every or any of them Cum eadem potentia revocat pro ut ultim specificat In witness c. A Declaration of Trust with a Declaration of uses by the Truster THis Indenture made c. between A. Lady D. of c. Widow on the one part and Sir I. D Sir I.C. Sir R.L. I.C. I.C. T.L. T.I. W.M. and W.G. of c. seperatim on the other part Whereas the said Sir I.D. I.C. and I C. do stand joyntly seized in Fee with the said A. Lady D. of and in all that the Mannor of L. in the County of L. with the rights members and appurtenances thereof and of all that the Capital Messuage or Mansion-house of L. aforesaid and of all and singular Messuages Lands Tenements Tofts Cottages Mills Meadows Closes Pastures Leasows Commons Waste-grounds Furze Heaths Woods Under-woods Waters Moors Wayes Fishings Court-Leets Views of Frank-pledge Waifs Estrayes Royalties Franchises Rents Reversions Services Profits Commodities Liberties Priviledges and Hereditaments whatsoever to the said Mannor or any part thereof belonging or appertaining or reputed deemed occupied or taken as part parcel or member of the said Mannor of L. aforesaid and of all that Messuage with the appurtenances in L. aforesaid in the possession of W. C. or his assigns as by the conveyance thereof to them made by G. A. Esq it doth and may more fully appear And whereas the said T.L. T.I. and W.G. do also stand joyntly seized to them and their heirs of and in all and all manner of Tithes of what nature condition or quality whatsoever and of all Demises Pensions Portions Oblations Emoluments and Profits whatsoever coming growing renewing arising encreasing issuing or going out of any the Lands Meadows Pastures or Woods in L. in the said County of L. or being parcel of the Demeasnes of the Mannor of L. with their and every of their rights members and appurtenances and of all and singular Glebe-Lands Tenements Profits Commodities Emoluments and Hereditaments whatsoever to the Rectory and Parsonage of L. aforesaid belonging or appertaining lying or being amongst the Demesne-Lands of L. aforesaid and also of all and all manner of Tithes coming growing renewing or increasing in or upon the said Glebe-Lands Tenements and Hereditaments or any of them and of all other the Tithes coming renewing or increasing in L. aforesaid as by the conveyance thereof to them made by W. C. and G. A. it doth and may appear And whereas the said Sir I. C. Sir R. L. and W. M. do stand possessed and interessed for divers years yet enduring of and in all that Pasture-ground containing by estimation one hundred and twenty Acres be it more or less lying in L. in the Parish of S. in the said County of B. called or known by the name of the Nether ground with the Tenement and all other the Edifices and Buildings thereupon standing as by the Lease thereof to them the said Sir I. C. Sir R.L. and W.M. by I.I. and A. his wife dated the nineteenth day of c. it doth and may appear Now these presents witness and it is hereby declared testified and expressed by all the said parties to these presents that all and every the several parties to these presents do stand so seized and interessed of all and every the premisses respectively only in trust for the said A. Lady D. and to her use and that they the said Sir J. D. Sir I. C. Sir R.L. I.B. I.L. T.L. T.I. W.M. and W.G. and every of them and the Heirs and Executors of the Survivor and Survivors of them shall at the requests and costs of the said A. Lady D convey and dispose the premisses and every of them respectively to such person and persons as
of the said Court unto all and every the Suters and Tenants of the said Mannor and that you warn them and every of them to be then and there present by eight of the clock in the fore-noon to give their attendance And that also at the time and place aforesaid you return before me a Jury of the Suters and Tenants of the said M. to enquire of such matters as shall be by me given to them in charge and hereof c. Given under my hand and seal c. An Indenture of Covenants between Executors THis Indenture made c. between E. C. of c. on the one part and W. A. of c. on the other part Whereas A.W. Widow late deceased Recital of the Bond. by her last Will and Testament in writing named ordained and constituted the said E.C. and W.A. to be Executors of the same her last Will and Testament as by the same Will and Testament amongst other things appeareth Now this Indenture witnesseth That it is mutually covenanted and agreed by and between the said patties to these presents in manner and form following And first the said E. C. doth covenant c. That he the said E. To renounce Executorship C. shall and will before the end of Michaelmas Term next ensuing the date hereof if he shall be thereunto required by the said W. A. his Executors or Assigns in due form of Law and at the costs and charges in the Law of the said W. A. his c. refuse and renounce his said Executorship And the said E. C. doth further covenant c. That neither he the said E. nor his Executors Not to meddle with the goods nor Administrators shall or will intermeddle with the Administration of any part of the Money Plate Debts Credits and other the Goods and Chattels of the said Testator without the consent of the said W. A. his c. but shall and will from time to time and at all times hereafter permit and suffer the said W. A. his c. to administer all such moneys debts credits and other the Goods and Chattels of the said Testator without the let trouble interruption or disturbance of the said E. C. his c. or of any other person or persons whatsoever lawfully claiming by from or under the said E. C. or by his means privity or procurement And also that neither he the said E. C. nor his Not to release a Creditor c. shall at any time hereafter make or cause to be made any release acquittance or other discharge to any person for or concerning any of the debts credits goods or chattels of the said Testator nor shall do or suffer or cause to be done or suffered any Act or Acts Thing or Things in or about the Execution of the said last Will and Testament without the assent consent and agreement of the said W. A. his c. And the said W. A. in consideration of all and singular the premisses doth covenant c. That he the said W. To save harmlesse A. his c. shall and will from time to time and at all times hereafter defend discharge and save harmless the said E. C. his c. against all and every person and persons whatsoever of for and concerning all and all manner of actions sutes and demands hereafter to be had made or brought against the said E. C. his c. for or by reason of the said Executorship or the said last Will and Testament And that the said W. A. his c. shall and will from time to time and at all times hereafter pay and satisfie unto the said E. C. his c. all such costs charges and expences as the said E. C. his c. To pay all charges shall at time hereafter be put unto for or by reason of any cause matter or thing touching or concerning the said Executorship or the said last Will and Testament of the said A.W. And the said W.A. doth covenant c. That he the said W. A. his c. To perform the Will shall and will well and truly fulfill accomplish and perform the said last Will and Testament of the said A. W. and well and truly content and pay all and every the Legacies gifts and bequests contained and specified in the same last Will and Testament according to the Tenor Purport and true meaning of the same In witness c. An Indenture in Consideration of a Marriage in lieu of Joynture THis Indenture made c. between M. F. of the one part and I. I. and I. F. of the other part Witnesseth That the said M. F. for and in consideration of a Marriage heretofore had and solemnized between the said M. F. and C. his now wife and for and in full satisfaction and recompence of such Joynture or Dower as she the said C. shall have or challenge out of or in or to all or any of the Messuages Lands Tenements or Hereditaments of the said M. F. in case the said C. shall survive and over-live the said M. F. And for the continuance setling and establishing of the said Messuages Lands Tenements and Hereditaments hereafter mentioned in the name blood and kindred of the said M. F. so long as it shall please Almighty God and for divers other good causes and considerations him the said M. F. hereunto moving doth covenant c. That he the said M.F. and his heirs and all and every person and persons and their heirs now standing or being seized or which at any time hereafter shall stand or be seized of or in all that Capital Messuage with the Appurtenances commonly called or known by the name of H. in B. aforesaid in the said County of S. in the tenure or occupation of the said M. F. or his Assigns and of and in all and singular the Lands Tenements Meadows Pastures Feedings Commons Woods Under-woods and Hereditaments whatsoever with their and every of their Appurtenances to the said Capital Messuage or Tenement belonging or appertaining or to or with the same at any time heretofore used occupied or enjoyed as part parcel or member thereof To stand seized shall and will from henceforth stand and be seized thereof and of every part and parcel thereof to the uses intents and purposes hereafter mentioned That is to say to the use and behoof of the said M. F. and C. his wife and their Assigns for and during their naturall lives The Uses and the life of the longer liver of them without impeachment of or for any manner of wast and from and after the decease of the Survivor of them the said M. and C. then to the use and behoof of the Heirs of the body of the said M. F. and C. lawfully begotten and for default of such issue then to the use and behoof of the right heirs of the said M. for ever And the said M.F. doth further covenant c. That he the said M.F. To
Water-Courses Easements Commodities Advantages and appurtenances thereunto belonging or appertaining and all Writings Deeds and Evidences concerning the said premisses or any of them To have and to hold the said several pieces and parcels of Land Arable Pasture and Wood-ground and all other the premisses with their and every of their appurtenances unto the said G. E. and his assigns from the day of the date of the said recited Indenture of Lease unto the full end and term of two hundred years from thence next ensuing and fully to be compleat and ended without Impeachment of any manner of waste by and under the yearly Rent of one Pepper-Corn if it were demanded with Conditions therein contained that if the said I. S. his Heirs Executors Administrators and Assigns should pay unto him the said G. E. his Executors or Assigns the Sum of 100 pound of currant money of England on c. according to the Condition of a Surrender of certain Copy-hold-Lands dated the day of c. that then from thenceforth thesaid recited Lease to be â—oid as by the said recited Indenture of Lease it doth and may appear That the premisses were forfeited And whereas the said I. S. did not nor hath paid the said moneys according to the said Proviso and Condition by reason whereof the said Lands and Premisses are absolutely come unto and vested in him the said G. E. for all the rest and residue of the said term of 200 years by the foresaid Lease Demised and granted as aforesaid Now this Indenture witnesseth That the said G. E. at the request and by the appointment of the said I. S. and for and in consideration of the Sum of 100 pound of currant money of England to him in hand paid by the said T. L. and the said I. S. for and in consideration of the Summe of 100. pound of currant money to him by the said T. L. in hand paid by the said T. L. the receipts of which several Sums of money they the said G. E. and I. S. do hereby severally acknowledge and thereof do severally acquit and discharge the said T. L. his Heirs Executors Administrators and Assigns and every of them for ever by these presents The Assignment Have Demised granted bargained sold assigned and confirmed and by these presents do joyntly and severally Demise grant bargain sell assign and confirm unto the said T. L. his Executors and Assigns all those the foresaid several parcels of Land Pasture and Wood-ground lately stocked up and premisses with their appurtenances in the said recited Indenture of Lease mentioned and expressed and all their and either of their estate right title interest term for years claim and demand whatsoever of them the said G. E. and I. S. therein and thereunto together with the said recited Indenture of Lease The Habendum To have and to hold all and every the said several pieces and parcels of Land Pasture and Wood-ground with their appurtenances unto the said T. L. his Executors Administrators and Assigns for and during all the rest and residue of the said term and now to come and unexpired in as full and ample manner to all intents and purposes as they the said G. E. and J. S. or either of them may or might hold or enjoy the same by vertue of the said recited Indenture of Lease or otherwise howsoever A Covenant to enjoy the remainder of the term And the said G. E. for himself his c. doth Covenant and grant c. that he the said T. L. his Executors and Assigns shall and may at all times during the said term or residue of the said term and number of years now to come and unexpired quietly and peaceably have hold occupy and enjoy all and every the said parcels of Land Pasture and Wood-ground with their appurtenances without the let suit trouble Expulsion or Eviction of him the said G. E. his Executors and Assigns and of all and every other person and persons whatsoever lawfully claiming by from or under him the said G. E. his estate or title and absolutely freed and discharged from all charges and incumbrances whatsoever done or suffered by him the said G. E. or by his means act or procurement And the said J. S. for himself his c. A Covenant if the number of Acres be wanting so much money to be repaid ut supra That in case the said Lands wood-grounds and premisses hereby mentioned to be assigned together with other parcels of Copy-hold Lands of the said J. S. lying in E. aforesaid and by him the said J. S. sold to him the said T. L. and his heirs shall fall out and appear to be under the quantity of 24 Acres at which quantity the same is now sold and estimated unto him the said T. L. That then he the said J. S. his Executors and Assigns shall pay and allow unto him the said T. L. so much moneys and after the rate of 12 pound for every acre and after that rate for a greater or lesser quantity than one acre that shall want of the said quantity and number of 24. acres And also that he the said T. L. his c. To enjoy against the Mortgagor shall and may quietly and peaceably have hold possess and enjoy all and every the said Lands and premisses with their appurtenances without the let sute trouble disturbance molestation interruption or eviction of him the said J. S. his Heirs Executors and Assigns and of all and every other person and persons whatsoever lawfully claiming by from or under him the said J. S. his estate or title and absolutely freed and discharged from all fines issues amerciaments forfeitures and all and all manner of charges and Incumbrances whatsoever made done or suffered by him the said I. S. or by his act means neglect or procurement the foresaid recited Indenture of Lease made to the said G. E. only excepted c. A Lease for three Lives of a Messuage and Lands unto those that sold the same it being so agreed upon sale thereof Well peâ—â—d THis Indenture made c. between J. B. of c. on the one part and J L. of c. and E. his wife and J. L. his Sonne on the other part Whereas the said J. L. and E. his wife Recital of the Lessies sale with agreement that the Lessâ— should make a lease by their Indenture of bargain and sale dated the second day of October last past for the Consideration therein expressed and by other assurance in Law have sold and conveyed unto the said J. B. his heirs and assigns for ever all that Messuage or Tenement with the appurtenances wherein the said J. L. then did and now doth inhabit scituate and being in L. M. aforesaid and all those the Lands hereafter particularly mentioned and expressed as by the said recited Indenture of bargain and sale amongst other things therein contained it doth and may appear And whereas it was agreed between
of or in the premisses or any of them at the time of such view or search as is aforesaid shall be found and whereof Notice in Writing shall be given or left to repair and amend the same in manner and form aforesaid shall not from time to time be well and sufficiently repaired and amended alwayes within the space of six months after every such Notice given or left in Writing as aforesaid That then and at all times after in every the Cases as aforesaid it shall and may be lawful to and for the said I.B. his heirs and assigns and every of them into and upon the said Messuage or Tenement Lands and Premisses and every of them to re-enter and the same to have again retain repossess and enjoy as in his and their first and former estate This Indenture or any thing herein contained to the contrary thereof in any wise notwithstanding And the said I. B. for him his heirs and assigns and for every of them doth Covenant c. by these presents The Lessee to enjoy performing Covenants That they the said I. L. E. his wife and the said I.L. by and under the yearly Rent Covenants and Conditions in and by these presents reserved and on their parts severally to be paid done performed according to the intent of these presents shall or may peacably and quietly have hold possess and enjoy the said Messuage or Tenement Lands and all other the premisses with their appurtenances without the let sute trouble disturbance denial molestation interruption or eviction of him the said I. B. his heirs and assigns and of all and every other person and persons whatsoever lawfully claiming by from or under him the said I. B. his heirs or assigns or his their or any of their estate right or title In witnesse whereof c. An Indenture reciting a Bargain and Sale of the Moiety of a Mannor c. in trust for the use of another the same is hereby re-conveyed to the person trusting THis Indenture made c. Between Sir W. B. of c. on the one part brother and heir to H.B. Esq deceased and W. E. of H. c. on the other part Whereas Sir I. W. of c. and I. F. of c. by their Indenture bearing date the second day of c. in the Twelfth year of c. did alien bargain and sell unto the said H.B. and E. P. of c. all that Messuage or Tenement with the appurtenances scituate and being in L. aforesaid in the County of c. all those c. And also Common of Pasture and Feeding for such and so many horses beasts sheep and other Cattel to be had and taken in and upon the Common Fields Meadows Pastures and Common places in L. aforesaid at such times and seasons of the year and in such manner and form as the Tenants and Occupiers of the said premisses have before this time used to have and take the same and also all and singular Houses Edifices c. and also the Reversion and Reversions of all and singular the said premisses and the yearly Rents thereupon reserved To have and to hold the one Moiety and half-part of all the said Messuage or Tenement and of the said four Yard-lands of Arable Land Meadow and Pasture and of all and singular other the said premisses whatsoever with the appurtenances in and by the said recited Indenture bargained and sold and of every part and parcel thereof to the said H. B. his heirs and assigns to the only use and behoof of him the said H.B. his heirs and assigns for ever Which said Grant Bargain and Sale for and concerning the said Moiety of all and singular the premisses before mentioned to be by the said recited Indenture granted bargained and sold unto the said H. B. as aforesaid was had and made to and in the name of the said H. B. by the nomination and appointment of the said W. E. and in trust to the use of the said W.E. his heirs and assigns Now this Indenture further witnesseth That the said Sir W. B. according to the said trust and at the request and desire of the said W.E. and for divers other good causes and considerations him thereunto moving Hath aliened bargained sold enfeoffed and confirmed and by these presents doth alien bargain sell enfeoffe and confirm unto the said W. E. his Heirs and Assigns All that the said moiety and half part of all the said Messuages and of the said Four Yard-lands of Arable Land Meadow and Pasture with the Appurtenances and every part and parcel thereof and all other the premisses whatsoever in and by the said recited Indenture bargained and sold unto the said H. B. or to his use as aforesaid and also the Reversion and Reversions of all and singular the Moiety and half part oâ— all and singular the said premisses and every part thereof and the yearly Rents thereupon reserved due and payable To have and to hold the said Moiety and half part of all the said Messuage or Tenement and of the said Four yard-Lands of arable Land Meadow and Pasture with their Appurtenances and the Reversion and Reversions before specified in and by the said recited Indenture bargained and sold to or for the use of the said H. B. as aforesaid unto the said W. E. his heirs and assigns to the only use and behalf of the said W. E. his heirs and assigns for ever And the said Sir H B. for himself his Heirs Executors and Administrators and for every of them doth Covenant and grant to and with the said W. E. his c. That he the said Sir H. B. for and notwithstanding any act or thing whatsoever by him done or suffered to the contrary now is and at the time of the ensealing hereof of the first executing an estate by force of these presents shall be lawfully seized in his Demeasâ— as of Fee-sim le to him and his heirs of and in the Moiety and one half of the said Messuage or Tenement and premisses whatsoever with the Appurtenances in and by the said recited Indenture bargained and sold unto the said H. B. to his use as aforesaid and that he the said Sir H.B. for and notwithstanding any act or thing by him done or suffered to the contrary as aforesaid now hath and then shall have good right full power and lawful authority to bargain sell and convey the said Moiety of the said Messuage or Tenement and Premisses with the Appurtenances in the said recited Indenture bargained and sold unto him the said H. B. as aforesaid unto the said W. E. his heirs and assigns according to the intent of these presents And that he the said W.E. his heirs and assigns shall or may for ever hereafter peaceably and quietly have hold occupy possess and enjoy the said moiety of the said Messuage or Tenement and Premisses with the Appurtenances in the said recited Indenture mentioned to be conveyed to the said
H. B. or to his use as aforesaid without the let sute trouble molestation interruption or eviction of him the said Sir H. B. his heirs or assigns or of any other person or persons whatsoever lawfully claiming by from or under him his estate or title L. Cum Coven pro utter Assur Litterdel Attorney c. In witness whereof c. A Covenant to deliver Evidences by such a time ANd the said G. A. for him c. That he the said G. A. his Heirs Executors or Administrators or some of them shall and will before the first day of March next ensuing the date hereof deliver or cause to be delivered unto the said A. Lady D. and Sir J. D. or to one of them all such Deeds Charters Evidences Court-Rolls Exemplifications of Records Transcripts of Fines Terriers Escripts Writings and Minuments concerning only the premisses or only any part or parcel thereof as now be in the possession custody or keeping of the said G. A. or of any other person or persons by his delivery or to his use or which he may obtain get or come by without suit in Law whole uncancelled safe and undefaced or in as good plight as the same now are and be and also true Copies of all such other Deeds Charters Evidences and Writings as the said G.A. hath touching and concerning the said Lands and Premisses or any part thereof joyntly or together with any other Lands c. of the said G. A. the said A. Lady D. and Sir J.D. and their heirs or some or one of them paying or bearing the charge of making and writing the same Copies c. A Declaration of a Fine and Recovery to variety of uses well penn'd THis Indenture made c. Between the Right Honourable T. Lord W. of the one part and the Right Honourable W. Lord P. Sir M. F. of c. on the other part Whereas the said M. B. and W. D. in the term of E. in the eleventh year of the Reign of our said Soveraign Lord King James Recital of the Recovery of England c. by Writ of Entry Sur Disseisin in le post did recover against the said T. Lord W. all those the Mannors of M. alias M. A. L. A. R. and N. with the appurtenances and of 30. Messuages 30. Tofts 6. Water-mills 6. Dove-houses 30. Gardens 1000 acres of Land 200 acres of Meadow 300 acres of Pasture 2000 acres of wood 300 acres of Furze and Heath 10 pounds Rent free warren and view of Frank-pledge with the appurtenances in M. alias M. A. N. and S. and also the Advowson of the Churches of M. alias M and A. as in and by the said Recovery remaining of Record in his Majesties said Court of Common-Pleas at Westminster to which Relation being had more at large appeareth And whereas in the Term of the Holy Trnity last past before the date hereof that is to say a Die sce Of the Time Trinitatis in tres septimanas in the said term in the Court of our Soveraign Lord the Kings Majesty before his Justices at Westminster a Fine Sur Cognizance de droit come ceo c. with Proclamations according to the form of the Statute in such case made and Provided was levied between the said W. R. and W. D. Plaintiffs and the said T. Lord W. Deforceant of the Mannors of T. alias T. and B. alias B. with the appurtenances in the County of W. and W. and of all that Grange or Capital Messuage called H. house and of all the Messuages Lands Tenements Rents Reversions Services and Hereditaments whatsoever to the said Mannors and Grange or any of them belonging or appertaining or reputed to belong or appertain or as part or parcel or member of them or any of them or accepted reputed taken demised used occupied or enjoyed as part thereof in the said Counties of W. and W. and of all other the Messuages Lands Tenements Rectories Tithes and Hereditaments with the appurtenances of the said T. Lord W. in the said Counties of W. and W. by the names of the Mannors of T. alias T. and B. alias B. with the appurtenances and of 40. Messuages 20 Tofts 4. Water-Mills 4. Dove-houses 40. Gardens 1000 acres of Land 600. acres of Meadow 1000. acres of Pasture 400. acres of Wood 400 acres of Furze and Heath 20 acres of Marsh and twenty shillings Rent with the appurtenances in T. alias T. Alne-Church B alias B. F. and Beoleyl and also of the Rectories of T. alias T. and B. alias B. with the appurtenances and all and all manner of tithes of Corn and Hay growing coming or renewing in T. alias T. and B. alias B. and of the Advowson of the Vicaridge of the Church of T. alias T. in the County of W. and of the Mannors of T. alias T. and B. alias B. with the appurtenances and 4 Messuages and one Dove-house 4 Gardens 300 acres of Land 600 acres of Meadow 300 acres of Pasture 200 acres of wood and 30 acres of Marsh with the appurtenances in T. alias T. Aln-Church and B. alias B. and also of the Rectory of T. alias T. and B. alias B. with the appurtenances and of all and all manner of tythes of common Hay growing coming and renewing in T. alias T. and B. alias B. and of the Advowson of the Vicaridge of the Church of T. alias T. in the County of W. as by the said Fine remaining of Record in his Majesties said Court of Common Pleas at W. to which Relation being had more fully and at large appeareth Now this Indenture witnesses The intent of the parties That the true intent and meaning of the said T. Lord W. and of the said Recoverers and parties to the said Recovery and also of the said Cognizees of the said Fine and parties to the same Fine and of all and every of the parties to these presents before and at the several and respective time and times of the suffering of the said Recovery and Acknowledgments and levying of the said Fine for touching or concerning the said Mannors Lordships Lands Tenements Hereditaments and premisses whereof the said Recovery and Fine were severally and respectively suffered levied and had as aforesaid alwayes was and yet is that as well the said Recovery as the said Fine and all and every Fine and Fines Recovery and Recoveries and other Acts and Assurances of the said Mannors Messuages Lands Tenements Rents Rectories Tythes Advowsons Hereditaments and Premisses or of any of them with the appurtenances at any time heretofore suffered levied executed or had wherein or whereunto the said T. Lord W. was or is any wayes a party and all and every the executions of the same and every of them should and shall be and enure and be construed adjudged deemed and taken to be and enure And were and hereby are Covenanted granted concluded agreed and declared to be and enure to the uses purposes and intents and under the Provisions Conditions
foresaid Obligation and of and from all and all manner of Costs Charges Suits and Damages whatsoever of for and concerning the said Obligation That then c. An Assignment of several Leases of divers Messuages and Lands with several recitals and good Covenants Well penn'd THis Indenture made c. Between J.S. of c. and J. G. of c. on the one part and R. G. of c. on the other part Whereas J. S. of c. G. P. of c. Executors of the last Will and Testament of M. S. Gent. deceased and the said J. G. by Indenture bearing date the 26. day of S. in the c. of his said Majesties Reign that now is over England c. made between the said J. S. and G. P. and J. G. on the one part and E. S. on the other part by the name of E. S. of c. Did grant assign and set over to the said E. S. and her Assigns as well an Indenture of Demise therein recited dated the day of c. made from R. E. late of c. unto J. G. late of B. in c. and I. his wise Father and Mother of the said I. G. party to these presents of all that Messuage or Tenement and half yard-Land with the Appurtenances then or late in the Tenure or Occupation of one E. A. or his Assigns in S. sometimes W. W. scituate and being of H. W. and P. and every or either of them in the said County of S. and of all Houses Buildings Barns Stables Orchards Gardens Back-sides and grounds with the Appurtenances whatsoever to or with the said Messuage or Tenement and premisses belonging with all and every other the Lands Tentments Feedings Hereditaments and Profits whatsoever to the said Messuage or Tenement belonging or reputed as parcel or member of the same or any of them except therein excepted for the Term of 3000. years from the Feast of the c. then last past at the yearly Rent of 7. shillings of c. as also all the estate title interest term of years thereby granted then to come and unexpired possession claim and demand whatsoever of the said I.S. G.P. and I. G. of and to the same and every part thereof on Condition therein contained to this effect That if the said I. G. his Executors Administrators or Assigns did well and truly pay to the said E.S. her Executors or Assigns the Summe of c. of lawful English money upon the last day of M. then next ensuing That then from thenceforth the said Grant and Assignment and every thing therein contained to be utterly void and of none effect as by the said Indenture more fully appeareth Which said Sum of c. was not satisfied or paid to the said E. S. neither on the day in the Condition of the said Assignment mentioned nor since by reason whereof the premisses became absolutely forfeited to the said E.S. And whereas also the said I.G. by his Indenture of Assignment dated the c. of his Majesties Reign that now is did bargain assign and set over to the said E.S. and her Assigns as well one other Indenture of Lease dated the 21 day of M. in the one and fortieth year of the said late Queen Elizabeth her Reign also made from the said R. E. to the said I. G. Father of the said I. G. party to these presents and his Assigns of all that his c. setting the particulars down here at large as they were mentioned before within the Parishes of H. P. or W. within the said Counties of S. or some or one of them with all Woods Under-woods Profits Commodities and Advantages to the said Messuage or Tenement and half yard-yard-land belonging for the term of 3000. years from the Feast of c. then next ensuing at the yearly Rent of c. as also all the estate right title interest possession Reversion Term of years claim and demand whatsoever of the said I. G. to the said c. and other the premisses with the appurtenances by the same Indenture of Lease Demised by vertue of the same Indenture or otherwise as by the same Indenture c. appeareth And whereas the said E. S. by her Indenture dated c. did Covenant with the said I. G. and his Assigns That if the said I. G. or his assigns did well and truly pay to the said E.S. or her assigns the Summe of 325. pound at the dwelling house of A. C. Scrivener scituate in B. London at one entire payment on the fifteenth day of October which then shall be in the year of our Lord God 1630. That then she the said E.S. and her Assigns should upon request of the said I. G. re-assign and convey unto him the said two several recited Indentures of Leases and all her estate and interest claim and demand in and to the said several Messuages Lands and Premisses demised by the said several Indenture of Leases as by the said last recited Indenture more at large appeareth And whereas the said I. G. by his Release dated c. did in Consideration of a Competent Summe of Money Release all his Right Title and Interest of and in the said Messuage Lands and Premisses to the said E. S. and her Assigns as by the said Release appeareth And whereas the said E. S. by her Indenture of Assignment dated c. did for the Consideration therein mentioned assign and set over all her estate right title and interest of in and to both the said recited Indentures of Lease as also in and to the said Messuages Lands and Premisses to the said I. S. her Father party to these presents To hold to him and his assigns during all the residue of the said Term of years in the said several recited Indentures of Lease then to come and unexpired as by the said last recited Indentute of Assignment more fully appeareth Now this Indenture witnesseth That the said I. S. and I. G. for and in Consideration of the Summe of c. in hand paid or secured by the said R. G. unto the said I. S. as also for and in Consideration of the Summe of c. at the ensealing and delivery of these presents in hand paid or secured by the said R. G. unto the said I.G. the said several receipts of which said several Sums of money they the said J. S. and J G. do hereby severally and respectively acknowledge and thereof and of every part thereof do severally and respectively acquit and discharge the said R. G. his c. and for other good c. Have demised granted set and to Farm-let released and confirmed and by these presents do c. unto the said R. G. his c. all and every the said Messuages Lands Tenements Hereditaments and Premisses with their and every of their Rights Members and Appurtenances in the said former recited Indenture of Lease or Assignments mentioned To have and to hold all and every the said Messuages or Tenements Lands and all
done any act or thing whatsoever whereby the said recited Obligation is any manner of wayes released or discharged and that neither my self my Executors or Administrators shall or will at any time hereafter release or discharge the same or cause or suffer the same to be released or discharged without the privity and consent of him the said D. M. his Executors or Administrators in that behalf first had and obtained Provided nevertheless That if T. W. of c. in the C. of c. Yeoman his Executors Administrators or Assigns shall and do well and truly satisfie pay and discharge one Obligation of one hundred pounds bearing date the c. of c. last past wherein and whereby the said T. W. standeth bounden unto A. W. of c. aforesaid Spinster with condition for payment of Fifty one pounds and ten shillings of lawful money of England on the first day of c. next ensuing that then these presents to be revocable and shall be utterly void and of none effect any thing herein contained to the contrary in any wise notwithstanding In witness whereof I the above named H. T. have hereunto set my hand and seal the c. in the c. A grant of the moiety of an Annuity during life THis Indenture made the c. in the year of our Lord God 1652. between A. B. of the Parish of c. in the County of K. Esq the eldest Son of K. B Widow the late wife of Sir R. B. Knight deceased and S. the wife or the said A. of the one part and Sir G. H. of C. in the said C. Knight of the other part witnesseth That the said A. B. and S. his wife for and in consideration of the Sum of 300 l. of lawful English money to them in hand paid by the said Sir G H. at and before the ensealing and delivery of these presents the receipt whereof and themselves therewith fully satisfied and paid they the said A. B. and S. his wife do hereby acknowledge and thereof do release acquit and for ever discharge the said Sir G. H his Heirs Executors and Administrators by these presents have granted bargained sold aliened released and confirmed and by these presents doth fully and absolutely grant bargain sell alien release and confirm unto the said Sir G. H. one annuity and annual Rent of 50 l. by the year being the moiety or half part of one entire annuity or annual Rent of 100 l. by the year arising due or payable to the said A. B. out of the Rectory or Parsonage impropriate of E. in the said C. of K. with the appurtenances or out of any part or parcel thereof or out of all or any of the Messuages Houses Barns Stables Buildings Yards Courts and gleab-Gleab-lands Tithes Oblations Obventions Emoluments Rents Corn-rents reserved or other Rents Fruits Commodities Profits or Advantages whatsoever to the said Parsonage and Rectory belonging To have and to hold the said Annuity or annual Rent of 50 l. herein before mentioned to be bargained and sold unto the said Sir G.H. and his assigns from the c. of c. last past before the date of these presents for and during the natural life of the said Sir G.H. or for the term of Fourscore years if he the said Sir G.H. shall happen so long to live in as large ample and beneficial manner to all intents and purposes as he the said A. B. and S. his wife or either of them now hath ever had or could or might or can or may in any wise grant bargain sell or release the same and to the only use and behoof of the said Sir G.H. and his assigns and to no other use or purpose And the said A. B. and S. his wife the said annual Rent of 50 l. herein before mentioned to be bargained and sold by the year against themselves and all other persons lawfully claiming or to claim the same or any part thereof by from or under them or either of them unto the said Sir G.H. and his assigns shall and will warrant and defend by these presents And the said A. B. and S. his wife do for their said lives and either of them their and either of their Heirs Executors and Administrators and every of them covenant promise and grant to and with the said Sir G. H. his Heirs Executors and Assigns and every of them by these presents in manner following that is to say that they the said A. and S. or one of them for and notwithstanding any act or thing by them or either of them heretofore done or suffered to the contrary have or hath in themselves or any of them at the time of the ensealing of these presents good right and lawful authority to grant bargain sell and release unto the said Sir G. H. and his assigns the said annual Rent of 50 l. by the year in such manner and form as is herein before mentioned and expressed And further That the said Sir G.H. and his assigns shall or lawfully may during the natural life of the said Sir G. H. or the term of c. if the said Sir G. H. shall so long live peaceably and quietly have hold enjoy and receive attain and keep the said annual Rent or Sum of 50 l. by the year before granted without the lawful let sute trouble denial or disturbance of or by the said A. B. and S. his wife or either of them or any other person or persons lawfully claiming by from or under them or either of them their or either of their estate right or title And further That the said bargained premisses were are and be and so shall remain and continue to the said Sir G. H. and his assigns during the natural life of the said Sir G. H. or the term of Fourscore years if the said Sir G.H. shall so long live free and clear and freely and clearly acquitted and discharged or else by the said A.B. and S. his wife or one of them their or one of their Heirs Executors or Administrators sufficiently saved harmlesse and indemnified of and from all manner and other gifts grants bargains sales estates leases joyntures dowers statutes judgments recognizances titles troubles and incumbrances whatsoever at any time heretofore had made committed or suffered or hereafter to be had made committed or suffered by them the said A. B. and S. his wife or either of them And the said A.B. and S. his wife do for themselves their Heirs Executors and Administrators and every of them covenant and promise to and with the said Sir G. H. his Executors Administrators and Assigns and every of them by these presents That they the said A. B. and S. his wife and all and every other person and persons now having or lawfully claiming or which shall or may hereafter have or claim any lawful estate right or title in or unto the said bargained premisses or any part thereof by from or under them the said A. and S.
or either of them shall and will at all times during the space of five years next after the date of these presents if the said Sir G. H. shall so long live at and upon the reasonable request and at the proper costs and charges in the Law of the said Sir G. H. and his assigns make acknowledge and execute to the said Sir G. H. and his assigns all and every such further and other lawful and reasonable act and acts device conveyance and assurance in the Law whatsoever for the better holding and enjoying of the said 50 l. per annum herein before granted according to the true meaning of these presents as by the said Sir G. H. and his assigns or any of them his or their Council learned in the Laws of this Nation shall be in that behalf advised or devised and required so that such person and persons who are to make such further assurance as aforesaid be not therein compelled to travel further than to the City of London and Westminster Which said other assurance so to be had and made as aforesaid shall be and enure and shall be adjudged and taken to be and enure and by the said parties is hereby so declared to the only use and behoof of the said Sir G. H and of his assigns and to none other use or purpose whatsoever In witnesse whereof c. Articles of Agreement for the holding Copy-hold Lands from year to year from the term of c. at a certain Rent c. Articles of Covenants and Agreement bad made and agreed upon the c. day of c. in the c. between R. C. of c. in the County of c. husbandman E. his wife P.C. their son and I. B. of c. in the said C. husbandman of the one part and T.P. of c. in the said C. Yeoman of the other part viz. WHereas the said R.C. by certain Articles of Agreement indented bearing date the c. in the c. year of c. made between the said R.C. and P.C. of the one part and the said I. B. of the other part did for the Considerations therein mentioned covenant promise and grant to and with the said I. B. his Executors and Assigns That he the said I. B. his Executors and Assigns and every of them should have and enjoy from the date of the said Articles from year to year every year for and during the term of Twenty five years then next and immediately following according to the custome of the Mannor of c. all and singular the Lands Meadows Pastures Feedings Commons and Appurtenances belonging to a customary or Copy-hold Tenement with the Back-side Barns Stables and Stalls thereunto belonging and the West-end of the dwelling-house and the Room over-head then in the possession of one S.S. except and alwayes reserved unto the said R. C. and P. C. and every of them their assignee or assigns all the other part of the dwelling-house then in the possession of the said R. C. and P.C. with the Garden and one Cow-Pasture and five acres of Arable Land whereof one acre and hallyeth at a place called the Quarre one acre by the piece in the East-field half an acre in Rudlands in the same Field one acre in the West-Rowden and one acre called Cecelies with free ingress egress and regress thereunto at all times and seasons convenient without the lawful let disturbance or interruption of him the saiâ— J. B. his assign or assigns if they the said R.C. and P.C. or either of them shall happen so long to live and likewise should have and enjoy during the said term limited as aforesaid the uâ— of the Eastern part of the Back-side as it was then divided and appointed all which recited premisses belongeth unto one customary or Copy-hold Tenement with the appurtenances in â— aforesaid parcel of the Mannor of c. abovesaid which the said R. C. then had and enjoyed during his natural life according to the custom of the said Mannor the Remainder whereof after the decease of the said R. being expectant unto the said P. his Son by way of succession according to the said Custom as in and by the said Articles of Agreement amongst other Covenants and agreements therein also contained at large it doth and may appear It is now concluded and agreed by and between the said parties to these presents touching and concerning the premisses in manner and form following that is to say First the said J. B. for himself his Heirs Executors and Administrators and every of them doth covenant promise and grant to and with the said T.P. his Executors and Assigns by these presents That he the said T.P. his Executors and Assigns and every of them for and in consideration of the Sum of 20 l. of lawful money of England to be paid to the said I. B. by the said I. P. in manner and form hereafter expressed shall and lawfully may for and notwithstanding any act or deed that the said I. B. hath done to the contrary have and enjoy from and after the day of the date hereof from year to year every year for and during the term of ten years then next and immediately following according to the custom of the said Mannor of c. all and singular the recited premisses mentioned in the said recited Articles of agreement except as is therein excepted if they the said R. C. and P.C. or either of them so long shall happen to live without the lawful let disturbance or interruption of him the said I.B. his assign or assigns And the said T. P. for himself his Executors Administrators and assigns doth covenant promise and grant to and with the said I. B. his Executors Administrators and Assigns by these presents That he the said T. P. his Executors Administrators and Assigns shall and will well and truly pay or cause to be paid unto the said I. B. his Executors Administrators and Assigns for the Rent of the said premisses for the said Ten years the Sum of 20 l. of lawfull money of England that is to say 10 l. thereof at the Feast day of the Birth of our Lord Christ now next ensuing the date hereof and the other 10 l. residue of the said Sum of 20 l. on the Feast day of the Nativity of St. John the Baptist now next also ensuing the date hereof and that he the said T. P. his Executors or Assigns nor any of them shall sell cut down top lop or shrowd any the Trees or quit-sets growing upon the recited premisses Item The said R. C. and P. C. for themselves and either of them for himself their Executors and Administrators and every of them doth covenant promise and grant to and with the said T.P. his Executors and Assigns by these presents That he the said T.P. his Executors and Assigns and every of them for and in consideration that they the said R. C. and P.C. are indebted unto the said T. P.
and appertain being now in his minority should have made and granted a Lease in exchange unto the said T. C. of all the said Lands and Premisses to him the said T. Demised as aforesaid by the said W. L. and A. his Wife for the term of eighty nine years and for the yearly Rent of c. And that likewise in recompence satisfaction and exchange thereof the said T. C. should have granted in exchange unto the said I. B. a like Lease of the like term for eighty nine years and for the yearly Rent of 1 d. of the said lands and premisses Demised and granted to the said W. L. and A. his wife in exchange as aforesaid And for that neither of the same Leases can be now perfectly made and finished Therefore it is now further covenanted concluded and fully agreed upon by and between all the said parties to these presents in form following viz. And the said W. L. doth by these presents covenant c. That he the said W.L. shall do his best endeavour that he may or can to procure and get the said J. B. by his Deed indented to make That an Infant shall seal a Lease at his full age of 21 years seal and deliver as his Deed to the said T. C. his Heirs or Assigns within three moneths next after that he the said I. B. shall accomplish his full age of Twenty one years a sufficient Demise Lease and Grant in exchange of all and every the said Lands Layes Meadows Pastures Hereditaments and Premisses with their Appurtenances to him the said T. C. as aforesaid Demised for the term of Eighty nine years and for the yearly Rent of 1 d. and with and under such like and the same Covenants Clauses and Agreements as before in these presents are limited expressed and set down on the part and behalf of the said W.L. to be performed and done And in consideration thereof the said T. C. doth covenant c. That if the said I. B. or his heirs do or shall make seal and deliver as his Deed unto the said T. C. his heirs or assigns the said Demise Lease and grant in manner and form as is aforesaid by the said I. B. to be signed sealed and delivered to the use of the said T.C. his heirs or assigns in the presence of Three credible persons whose names shall be subscribed or endorsed upon the same that then he the said T. C. or his heirs at and upon the receiving of the said Lease and Grant shall and will being thereunto required make seal and deliver in exchange unto the said I.B. or his assigns alike Lease of all and every the premisses to the said W. L. and A. his wife granted as aforesaid for such like term number of years and with and under such Rent and Covenants as shall be contained and specified in the said Lease so to be made by the said I.B. to the said T. C. as aforesaid In witnesse c. A Bargain and Sale of Lands mortgaged made from the mortgagee and mortgagor before the day for redemption to another THis Indenture made c. between H.B. R. H. of c. and M. C. of c. of the one party and R. S. of c. of the other party witnesseth That whereas Francis Beamont of the Parish of St. Martins in the Fields in the County of c. by his Deed indented bearing date c. for the considerations therein mentioned and expressed hath betaken granted and to farm-letten unto the said M. C. all that the Scite and Capital Messuage or Mannor house of Hardwitch with the rights members and appurtenances whatsoever scituate lying and being within the Lordship of Chertsey in the County of Berks c. and all c. the words verbatim in the Original with the Habendum and Reddendum recited as by the same Indenture amongst divers Covenants Clauses and Agreements therein contained more at large it doth and may appear And whereas also the said M. C. by her Indenture of Assignment bearing date c. For the Consideration therein mentioned and expressed Hath granted bargained sold aliened and set over unto the said H. B. and R. H. as well the said recited or mentioned Indenture to her the said M. C. granted as aforesaid and the said scite and capital messuage of the said Mannor of H. Lands Meadows Feeding Pastures Demeasn lands stock and all and singular other the premisses thereby mentioned to be demised and granted and every part and parcel thereof with the appurtenances as also all the estate right title interest term of years then to come and unexpired reversion possession property claim and demand whatsoever which she the said M. C. hath or had or may might should or ought to have or can or may claim challenge or demand of in or to the said scite and capital Messuages Meadows Feedings Pastures Demeasn lands stock and all and singular other the premisses with the appurtenances and of in and to every part and parcel thereof by force and vertue of the same Indenture to her the said M. C. made and granted as aforesaid or any thing therein contained or otherwise howsoever To have and to hold the said Scite and capital Messuage c. ut in Indent de Mortgage unto the said H. B. and R. H. their Executors Administrators and Assigns to the only proper use and behoof of them the said H. B. and R. H. their Executors Administrators and Assigns from the ensealing and delivery of the same Indenture of Assignment for during and until the end and accomplishment of all the rest and residue then to come and unexpired of the said term of Twenty one years by the said first recited Indenture to her the said M. C. granted as aforesaid together with the same Indenture In which said Indenture of Assignment there is a certain Proviso or Condition contained in these words or to this effect following That is to say Provided alwayes That if the said M. C. her Heirs Executors Administrators or Assigns or any of them do well and truly content and pay or cause c. verbatim as in the Assignment as by the same Indenture of Assignment amongst divers other covenants grants articles clauses and agreements therein contained more at large also it doth and may appear Now this Indenture further witnesseth That for and in consideration of the Sum of 650 l. of good c. to her the said M. C. in hand at and before the ensealing and delivery of these presents by the said R. S. well and truly paid whereof and wherewith she the said M. C. and the said H. B. and R. H. acknowledge themselves fully satisfied and paid and thereof c. they the said H. B. and R. H. have bargained sold assigned and set over and by these presents do c. unto the said R. S. the said first recited Indenture and all the said Scite and capital Messuage of the said Mannor of H. Lands Meadows
or mentioned which on the part and behalf of the said M. C. her Executors and Assigns from henceforth for or in respect of the premisses are or ought to be paid done and performed and the covenants clauses and agreements in the said recited Indenture of Assignment expressed and contained which on the part and behalf of the said H.B. and R.H. their Executors Administrators and Assigns or either or any of them are or ought to be observed performed fulfilled and kept onely except and foreprized The like for R.H. And the said R.S. doth covenant c. to and with the said H.B. R. their executors administrators and assigns and every of them For discharging the rent to the King of England at all times hereafter and from time to time clearly to acquit exonerate and discharge or otherwise sufficiently to save and keep harmless the said H. B. and R. H. their executors administrators and assigns and every of them as well against the King his heirs and successors as against all and every other person and persons whatsoever of for and concerning the said rent covenants causes and agreements before mentioned and excepted and of and from all manner of sutes charges troubles incumbrances and demands whatsoever which for or by reason thereof at any time or times hereafter can oâ— may come grow or be to or against the said H. B. and R H. their Executors Administrators or Assignes or any of them A Covenant for quiet enjoying discharged of incumbrances from M. C. as from H. B. Another Covenant from R. S. to M. C. for discharging the Rent to the King as is last before to H. B. and R. H. And lastly the said M. C. doth covenant c. For further assurance c. to and with the said R. S. c. that she the said M. C. her Executors and administrators shall and will at all time and times hereafter for and during the space of two years next ensuing the date hereof at the reasonable request and at the costs and charges in the law of the said R. S. his Executors or Assigns do make and execute or cause to be done made and executed all and every such further lawful and reasonable acts things and devices in the law whatsoever for the discharge of any covenant clause or agreement in the said recited Indenture of assignment mentioned and contained wherewith the said R. S. his Executors or Administrators as assignee or assigns of or to the said H. B. and R. H. or either of them can or may be charged or chargeable and for the extinguishing of the said proviso or condition in the said Indenture of Assignment contained and of all such estate and interest as she the said M.C. her Executors or Administrators now hath or shall can or may by any means have claim or pretend to have in or to the premisses or any parcel thereof And for the further better and more perfect assurance surety sure making and conveying of the said Scite and capital Messuage and other the premisses and of every part and parcel thereof unto the said R. S. his Executors and Assigns for and during all the rest and residue of the said term of twenty one years which at the time of the making of any such further assurance or doing any such act shall be to come and unexpired as by the said R.S. his Executors or Assigns or his or their councel learned shall be reasonably devised advised or required A Bargain and Sale upon Condition made to Feoffees in trust THis Indenture tripartite made c. between Sir H. H. c. of the first part R.L. and G.L. of the second party and E.T. and G.B. of the third party witnesseth That the said Sir H.H. R. L. and G. L. for the considerations herein after mentioned have granted enfeoffed and confirmed and by these presents do fully clearly and absolutely grant enfeoffe confirm and deliver unto the said E.T. and G.B. all that the Mannor or Lordship of E. in the County of L. with all and singular the rights members and appurtenances of the same And also all and singular the Messuages Coâ—tages Lands Tenements Meadows Pastures Feedings Rents Reversions Services Heaths Moors Commons Closes Woods Under-woods Wasts Waifes Straies Escheats Wards Courts Leets Perquisites of Courts Royalties Profits and Hereditaments with the appurtenances to the same Mannor or Lordship belonging or in any wise appertaining or which now be or at any time heretofore within the space of Thirty years now last past have been used reputed accepted known occupied let or set as part parcel right or member of the said Mannor or Lordship and also all and singular other the Mannors Messuages Lands Tenements Rents Reversions Services and Hereditaments scituate lying and being in E. and E. in the County of L. or in either of them which at any time heretofore were the possession or inheritance of Sir J. H. deceased Father of the said Sir H. And also all that the Advowson and Patronage of the Parish Church of E. aforesaid and all and singular the Rents and yearly Profits whatsoever reserved upon any Demise or Grant heretofore made or granted of the premisses or of any part or parcel thereof and the Reversion and Reversions whatsoever of all and singular the same premisses and of every parcel thereof And also the said H.H. R.L. and G. L. for the considerations herein after mentioned have granted assigned and confirmed and by these presents do c. unto the said E.T. and G.B. all the estate right title interest use and possession whatsoever which they the said Sir H.R. and G. and every or any of them have or hath or may might should or of right ought to have or claim of in or to the said Mannor or Lordship and all other the premisses herein before mentioned to be granted enfeoffed assigned or confirmed and of in and to every part and parcel thereof with the appurtenances together with all and all manner of Deeds Evidences Charters Writings Escripts and minuments which they and every or any of them have or hath touching or concerning only the premisses or onely any part or parcel thereof To have and to hold the said Mannor or Lordship of E. Mannors Messuages Lands Tenements Rents Reversions Services Hereditaments and all singular other the premisses herein before mentioned to be hereby granted or conveyed and every parcel thereof with the appurtenances unto the said E.T. and G. B. and their heirs to the only uses intents provisoes conditions and limitations hereafter specified and declared and to none other use intent or purpose that is to say to the only use and behoof of the said R L. and G.L. and of their Heirs and Assigns for ever with and upon the condition hereafter specified and declared that is to say Provided alwayes That if the said Sir H. H. c. do well and truly satisfie content and pay or cause to be contented satisfied or paid unto the said R. L.
c. made between the said Sir H.H. of the one party and the said R.L. and G.L. of the other party for and in respect only of the estates and interests in and by the same Indenture excepted And lastly The said R.L. and G. L. do by these presents further covenant c. to and with the said Sir H. H. c. To deliver up a Statute upon payment of the Money mentioned in the Proviso That in case the said Sir H. his Heirs Executors Administrators or Assigns or any of them do well and truly pay or cause to be paid unto the said R. L. and G. L. or one of them or to the Heirs Executors Administrators or Assigns of them or of one of them the said Sum of 4800 l. of c. on the second day of J. c. at or c. according to the purport intent and true meaning of the said Proviso or Condition without fraud or coven that then they the said R.L. and G. L. or one of them their or either of their Heirs Executors Administrators or Assigns or some or one of them shall and will within convenient time after the said payment so had and made deliver or cause to be delivered to the said Sir H.H. his Executors Administrators or Assigns at or c. one writing obligatory or Recognizance in the nature of a Statute-Staple bearing date c. taken sealed and acknowledged before c. wherein the said Sir H. H. is and standeth bound unto the said R. L. in the Summe of c. to be cancelled and made void And further The said H. H. R. L. and G. L. have made ordained constituted and in their stead and place by these-presents have put and authorized A. B. c. A Letter of Atturney to deliver possession their true and lawful Atturnies joyntly and severally for them and in their names to enter into the said Mannor or Lordship and other the premisses and into every or any part thereof in the name of the whole and possession and seisin thereof or of any part or parcel thereof in the name of the whole in their names and to their use to take and after such possession and seisin thereof and of every part and parcel thereof so had and taken to deliver full and peaceable possession and seisin thereof to the said R. T. and G. B. or to their Atturney in that behalf appointed To have and to hold to the said R. T. and G. B. according to the limitations uses provisoes and conditions before herein expressed and according to the tenour purport effect and true meaning of this present Indenture Tripartite holding firm and stable all and what soever their said Atturneys or either of them shall do or cause to be done in or about the Premisses by these presents Forster In witnesse c. Memorandum That the fourth day of M. in the c. peaceable and quiet possession and seisin of the Mannors Messuages Lands Delivery of possession Tenements and Hereditaments in E. and F. within specified was taken had and delivered by the Atturnies within named to the within E.T. and G.B. according to the tenour and true meaning of this present Indenture to the uses provisoes conditions and limitations mentioned in the same Indenture in the presence of those whose names be subscribed Memorandum likewise That the day and year abovesaid A. B. C. D. E. F. c. did agree to this present grant within written Attornment and did severally Atturn Tenants to the said E.T. and G. B. according to this present grant in the presence of those whose names are subscribed Forster and in witnesse thereof the said A. B. C.D. E.F. c. have hereunto set their hands An Indenture of Bargain and Sale absolute THis Indenture made c. between Sir R. M. of c. of the one party and R.H. and G. H. c. of the other party Witnesseth That the said Sir R. M. for and in consideration of the Sum of 600 l. c. to him in hand at and before the ensealing and delivery of these presents by the said R. L. and G. L. well and truly paid whereof and wherewith he acknowledgeth himself fully satisfied and paid and thereof and of every part and parcel thereof doth clearly acquit exonerate and discharge the said R. L. and G. L. their and either of their Heirs Executors and Administrators Forster concilium and every of them for ever by these presents hath given granted bargained sold and confirmed and by these presents doth fully clearly and absolutely give grant bargain sell and confirm unto the said R. L. and G.L. their heirs and assigns for ever all that the Mannor and Lordship of C. in the County of c. with all and singular the Rights Members Liberties Priviledges Royalties and Appurtenances thereof whatsoever and all that the Rectory and Parsonage of C. aforesaid with all Gleab-lands Tithes of Corn Grain and Hay Oblations Obvention Fruits Profits and Commodities whatsoever of what nature kind or quality soever they be or by whatsoever name or names they are called or known to the said Rectory and Parsonage incident belonging or appertaining or reputed or known to be part parcel or member thereof or to or with the same now or at any time hereofore usually occupied or enjoyed coming growing renewing and encreasing within C. and S. in the County of c. and the advowson gift free disposition right of Patronage of the Vicaridge and Church of C. aforesaid with the appurtenances in the said County of c. And also all and singular messuages mills houses edifices buildings barns stables dove-houses yards orchards gardens lands tenements meadows feedings pastures leasows commons wast-grounds heaths furzes mores marshes woods under-woods wayes waters fishings fishing-places streams rivers banks ponds rents reversions services courts leets view of frank-pledge perquisits and profits of courts and leets and all that to courts leets and view of frank-pledge doth belong or appertain goods and chartels wayved and estrayed goods and chattels of Felons and Fugitives Felons of themselves and of persons out-lawed sees wards marriages escheats reliefs heriots fines amerciaments liberties priviledges and all other profits commodities advantages emoluments and hereditaments whatsoever to the said Mannor and Lordship Rectory and other the premisses herein before mentioned meant or intended to be hereby given granted bargained and sold and to every or any of them by any means belonging or appertaining or with the same or any of them as part parcel or member thereof now or at any time heretofore demised let used occupied reputed or enjoyed with all and singular their appurtenances and also all and singular Messuages Lands Tenements Rents Reversions Services and Hereditaments whatsoever of him the said R. M. in C. and S. aforesaid and in H. and S. in the said County of c. and in every or any of them and also all and singular Rents and yearly profits whatsoever
reserved upon any demise lease or grant demises leases or grants heretofore made or granted of the premisses or of any part or parcel thereof and the Reversion and Reversions Remainder and Remainders of all and singular the premisses and of every part parcel thereof and also the said R.M. for the consideration aforesaid hath granted bargained and sold and by these presents doth fully and clearly grant bargain and sell unto the said R. L. and G. L. their heirs and assigns for ever all the estate right title interest use possession reversion property condition claim and demand whatsoever which he the said R. M. hath or had or shall should may might or of right ought to have or claim of in or to the said Mannor and Lordship of C. Rectory Advowson Messuages Lands Tenements Hereditaments and all and singular other the premisses with the appurtenances before in and by these presents granted bargained and sold or of in or to any part or parcel thereof Habendum To have and to hold all the said Mannor and Lordship Rectory Advowson Messuage Lands Tenements Meadows Feedings Pastures Commons Rents Reversions Services Hereditaments and all and singular other the premisses herein before mentioned meant or intended to be hereby given granted bargained and sold and every part and parcel thereof with all and singular the Rights Members and Appurtenances unto the said R. L. and G.L. their heirs and assigns to the onely proper use and behoof of them the said R. L. and G. L. and of their heirs and assigns for ever And the said R.M. and his heirs the said Mannor c. ut in al. Warranty Warran c. In cujus rei c. An Indenture of Covenants to the former Indenture Whereupon a Recovery is passed THis Indenture made the c. between Sir R. M. of c. of the one party and R. L. c. and G. L. of the other party Whereas the said R. M. by an Indenture of Bargain and Sale bearing the date hereof and sealed and delivered with these presents for the Causes in the same Indenture mentioned and expressed doth give grant bargain sell and confirm unto the said R. L. and G. L. their heirs and assigns for ever all that the Mannor and Lordship of C. c. and divers other Lands and Tenements as by the same Indenture of Bargain and Sale amongst other Covenants grants and agreements therein mentioned more at laâ—ge it doth and may appear Now this Indenture witneâ—◠〈◊〉 That the said R.M. for the consideration in the said Indenâ—â—â—◠〈◊〉 Bargain and Sale mentioned hath bargained and sold and by these presents doth bargain and sell unto the said R. L. and G. L. their heirs and assigns for ever All and all manner of Deeds Evidences Charters Writings Escripts For delivery of Evidences Court-Rolls Books of Survey Books of Accompt Rentals Counterparts of Leases Terrors Boundaries and Minuments whatsoever any way touching or concerning the said Mannor and Lordship rectory advowson messuages lands tenements and other the Premisses with the appurtenances or any part or parcel thereof All which said deeds evidences writings escripts Court-Rolls books of Survey books of accompt Rentals Counterparts of Leases Terrors Boundaries and Minuments before mentioned Forster or so many of them as now be in the hands custody or possession of the said R.M. or of any other person or persons to his use or by his delivery or which he knowing where they are may lawfully get or come by without sute in the law together with true Copies of all Deeds Evidences Writings and Minuments as do touch or concern the premisses or any part or parcel thereof joyntly with any other lands or tenements the same Copies to be written and copied out at the costs and charges of the said R. L. and G L. their heirs and assigns And the said R.M. for himself his Heirs Executors and Administrators doth covenant c. to and with the said R. L. and G. L. their and either of their heirs and assigns and every of them by these presents to deliver or cause to be delivered unto the said R. L. and G. L. their heirs and assigns or to some of them For being seized on this side and before the Feast of c. whole safe uncancelled and undefaced And the said R. M. doth covenant c. in manner and form following viz. That he the said R. M. at the time of the ensealing and delivery of these presents is and standeth and so until a good and lawful estate shall be vested and executed in the said R. L. and G.L. and their heirs according to the intents and true meaning of these presents shall be and stand and be the very true sole lawfull and perfect owner and rightfully and absolutely seized of the said Mannor and Lordship and of all and singular other the Premisses with the appurtenances in the said Indenture mentioned meant or intended to be thereby given granted bargained and sold in his Demeasn as of Fee-simple or Fee-tail general to his own proper use and behoof without any manner of condition or limitation of any use or uses to alter change or determine the same And that there is not nor before the execution or vesting of the said estate No Reversion in the King there shall be any Reversion or Remainder thereof or of any part or parcel thereof c. or in any other person or persons And also that he the said R. M. now hath and untill he executing and vesting of the said estate shall have full power lawful and rightful authority to convey and assure the saiâ— Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and all and singular other the above mentioned bargained Premisses with the appurtenances unto the said R.L. and G. L. their heirs and assigns for ever in form aforesaid And the said R. M. doth covenant c That the said Mannor and Lordship Rectory Advowson Messuages Lands Discharge of incumbrances Tenements and all and singular other the Premisses before by the said Indenture given granted bargained and sold or meant mentioned or intended to be thereby given granted bargained and sold and every part and parcel thereof with the appurtenances at the ensealing and delivery of these presents are and be and so at all times hereafter for ever shall be remain and continue unto the said R.L. and G. L. their heirs and assigns free and clearly acquitted exonerated and discharged or otherwise well and sufficiently saved and kept harmlesse of and from all and all manner of bargains sales gifts grants leases joyntures dowers annuities statutes-merchant and of the staple recognizances uses wills intails fines for alienation without licence post fines rents charge-rents seck arrerages of rents amerciaments intrusions primer-seisins condemnations judgements extents executions claims duties debts of Record debts to the c. and of and from all other charges estates titles troubles incumbrances and demands whatsoever had made
Copy-hold Lands at the time of the making and perfecting of the said Surrender Discharged of Incumbrances shall be and so at all times for ever hereafter shall continue unto the said J. P. his Heirs and Assigns clearly discharged or otherwise sufficiently saved and kept harmless of and from all former charges estates titles troubles surrenders forfeitures and incumbrances whatsoever made committed suffered or done by the said T. C. deceased his heirs or assigns or by the said E. S. his heirs or assigns or by the said Dame S. S. or by any other person or persons by or with their every or any of their means assent title interest act sufferance or procurements And the said Dame S. doth covenant c. That the said Copy-hold Lands and Premisses before mentioned to be granted and assigned as aforesaid That the Lands are of a certain value per annum now are of the clear yearly worth and value of 20 l. by the year above all rents charges and reprises and so are and be now well worth to be let or set and that the same Close shall from time to time hereafter so remain be and continue of the yearly value aforesaid unto the said J. P. his c. during the term and continuance of the said everal mentioned or recited Leases and either of them A Bargain and Sale of Swans and Swan-mark TO all Christian People to whom this present writing shall come A. B. of c. sendeth greeting c. Know ye That I the said A. B. for divers good causes and considerations me in this behalf specially moving have given and granted and by this my present writing do give grant and confirm unto C. D. of c. all those my Swans and Signets and game of Swans and Signets white and grey marked with the ragged-staffe swimming remaining and being in upon or about the River of W. in the County of c. or in upon or about any other Rivers Brooks waters or places within the same County of c. or elsewhere wheresoever And all rights royalties priviledges preheminences profits and commodities whatsoever to the same Swanners and Signets and game of Swanners and Signets or any of them in any wise belonging incident or appertaining together with the Swan-mark aforesaid To have and to hold the said Swans and Signets and game of Swans and Signets and Swan mark aforesaid with their rights and appurtenances whatsoever unto the said C. D. his heirs and assigns for ever in as large ample and beneficial manner and form as I the said A. B. or any my Ancestors ever have held held or enjoyed or might or ought to have had held or enjoyed the same In witness c. A Bargain and Sale of under-wood THis Indenture made c. between c. Witnesseth That the said A. B. for and in consideration of the Sum of c. whereof c. hath bargained and sold and by these presents doth bargain and sell unto the said C. D. and all and singular Woods and Under-woods growing and being within the Grove called W. grove and the hedge of the same containing by estimation sixteen acres be it more or less lying and being in the Parish of D. in the County of H. and also all the lops and shreds of all such Trees being within the said grove called W. as have been usually lopped at the selling of the Under-wood growing within the said grove except and alwayes out of this present Sale reserved unto the said A. B. his heirs and assigns all manner of Trees whatsoever other than under-wood now growing or being in or upon the same grove or any parcel thereof To have and to hold the said underwoods lops and shreds before by these presents bargained and sold except before excepted unto the said C. D. his Executors and Assigns to his and their only proper use and behoof And the said A. B. doth covenant c. That he the said C. D. his Executors and Assigns at his and their liberty and pleasure shall or may peaceably and quietly have hold take and enjoy the said Underwoods and enter into the said grove and every part and parcell thereof there to fell hew and cut down all and singular the said woods and under-woods and hedge-rowes at all seasonable times in the year from the day of the date hereof untill the c. and the same so felled hewed and cut down with his and their or any of their horses carts and carriages to bear load carry and convey from thence to any other place or places at his and their liberty and pleasure at all time and times during the space of three years by all convenient ways thereunto now used and accustomed without any lawful let contradiction c. And the said C. D. doth covenant c. That he the said C. D. his Executors and Assigns shall and will at every felling which he or they shall make of the said woods under-woods and trees leave standing and growing in and upon the premisses so many competent and sufficient standards staddels and stories as by the laws and statutes in that case provided is or ought to be left and also shall and will at his and their own proper costs and charges make good all hedges and fences about the young Springs of the said Wood for the safe keeping thereof from hurt and spoil of Beasts and Cattel according to the Custome of the County there In witness c. A sale of Billets and Wood or Timber THis Indenture made c. between T. C. R. W. and G. M. of the one part c. and J. B. and R. W. c. on the otherparty witnesseth That the said c. for the considerations here under mentioned have bargained and sold and by these presents do fully and clearly bargain and sell unto the said c. Ten thousand loads of good merchantable and lawful Western Billets at and after the rate and price of three shillings and six pence the load and also five hundred loads of good merchantable sound and well squared Oken Timber accompting fifty foot to every load at and after the rate and price of ten shillings the load with such deductions and defalcations out of the same several prises as is here under expressed and the same Billets and Timber to be delivered at such places and times and in such manner and form as here-under is mentioned and the said c. to and with c. That they the said T. W. and G. or some of them their c. shall and will and truly deliver or cause to be delivered to the said c. all and every the said Ten thousand loads of Billets and five hundred loads of Timber of the kinde and goodness aforesaid to the proper use of them the said c. free and discharged of all manner of charges and incumbrances whatsoever and allowances water carriage onely excepted at and upon some Wharfe or Wharfes in Henly upon Thames and
this effect following viz. In consideration whereof the said R. L. and G. L. for themselves their Heirs Executors and Assigns and every of them do covenant and grant to and with c. by the se presents That if neither the said H.H. his heirs or assigns nor any of them do pay the said Sum of 4000 l. c. to the said R. L. and G. L. their Heirs Executors Administrators and Assigns nor to any of them according to the intent and true meaning of the said proviso or condition before herein mentioned that then they the said R. L. and G. L. their Executors Administrators or Assigns or some of them shall and will well and truly pay or cause to be paid unto the said H. H. his Executors Administrators or Assigns or some of them at the said c. the Summe of 1000 l. c. at or upon the second day of c. as the residue and in full satisfaction of the clear and absolute purchase of the said Mannor or Lordship Lands Tenements and other the premisses without fraud coven or further delay as in and by the said recited Indenture dated the said first day of c. amongst divers other Covenants Grants Articles and Agreements therein contained more plainly at large it doth and may appear Now this Indenture witnesseth That the said H. H. for divers good and sufficient causes and considerations him the said H. H. especially moving hath remised released and quit-claimed and by these presents doth for him and his heirs remise release and for ever quit-claim unto the said R.L. and G. I. in their full and peaceable possession and seisin being of the Premisses and to their heirs and assigns to the only proper use and behoof of them the said R.L. and G. L. their heirs and assigns for ever the said proviso and condition and all and every article matter and clause concerning the same and all and every the said covenants before herein recited and every article sentence and clause concerning the same and every or any of them all the estate right title interest claim condition entry benefit and demand whatsoever which he the said H.H. hath or may might should or ought to have claim of in or to the said Mannor or Lordship of E. Mannors Messuages Lands Tenements Rents Reversions Services c. and all other profits liberties commodities hereditaments and other the Premisses with their and every of their rights members and appurtenances whatsoever mentioned or expressed or intended to be given granted bargained and sold in or by the said recited Indenture dated the said first day of c. and of in and to every part and parcel thereof with the appurtenances and all manner of conditions covenants articles for conditions broken and demands whatsoever of touching or in any wise concerning the said Mannor or Lordship Lands Tenements and other the Premisses or any part or parcel thereof so that neither he the said H. H. nor his heirs or any of them nor any other person or persons for him them or any of them or in his or any of their name or names or in the name or names of them or any of them shall or will at any time or times hereafter ask claim challenge or demand to have any manner of estate right title interest or demand of in or to the said Mannor or Lordship and other the premisses or any part or parcel thereof other than such estates terms and interests as are in the former recited Indenture excepted But that he they and every of them except before excepted shall be thereof and of and from every part and parcel thereof from henceforth utterly barted and excluded for ever by these presents And further the said H. H. doth for him and his heirs confirm the estate of the said R. L. and G. L. of and in the said Mannor or Lordship Messuages Lands Tenements and other the Premisses To have and to hold all the said Mannor or Lordship Lands Tenements and other the Premisses to the said R. L. and G. L. their heirs and assigns for ever absolutely without any manner of condition whatsoever to the only proper use and behoof of them the said R. L. and G. L. their heirs and assigns for ever And the said H.H. and his heirs the said Mannor or Lordship Lands Tenements Hereditaments and all and singular the Premisses with their and every of their appurtenances unto the said R.L. and G. L. their heirs and assigns to the only proper use and behoof of them the said R. and L. their heirs and assigns for ever against all men shall and will warrant and for ever defend by these presents And the said H.H. doth also by these presents remise release and quit-claim unto the said R.L. and G.L. their heirs and assigns all manner of Errors Foster Writs of Error and personal demands whatsoever In witnesse whereof c. An Indenture of allotment of several parts of Lands THis Indenture sextipartite made c. between W. C. on the one part E. D. and D. his wife on the second part P. H. and F. his wife on the third part R.P. and M. his wife on the fourth part W.C. and E. his wife on the fifth part and T. L. and F. his wife on the sixth part Witnesseth That whereas divers and sundry Mannors Lands Tenements Rents Reversions Services and Hereditaments with the appurtenances late the inheritance of the late Lady J. B. deceased sometimes wife of the Right Honourable Sir E. B. Knight likewise deceased set lying and being in divers and sundry Countries Shires and places within the Territories of England by and after the death of the said Lady J. B. did lawfully descend and come and of right ought to descend and come unto the said W.C. E.D. and D. his wife P. H. and F. his wife R.P. and M. his wife W.C. and E. his wife T.L. and F. his wife that is to say to the said W.C. as Cosin and one of the coheirs of the said Lady J. B. that is to say Son of the Lady A. C. deceased daughter of the said Lady J. B. by G. C. Knight Lord C. late husband of the said Lady A. now likewise deceased lawfully begotten to the said D. C. and D. his wife in the right of the said D. one other of the Daughters and Co-heirs of the said Lady J. B. To the said P.H. and F. his wife in the right of the said F. one other of the Daughters and Co-heirs of the said Lady J.C. To the said R.P. and M. his wife c. one other of the Daughters and Co-heirs of the said Lady J. B. to the said W. C. and E. his wife as in the right of the said E. one other of the daughters and co-heirs of the said Lady J. B. and to the said T. L. and F. his wife as in the right of the said F. one other of the Daughters and co-heirs of the said Lady J. B. by reason whereof the
said W. C. E. C. c. into the said Mannor Messuages Lands Tenements and Hereditaments with their appurtenances entred and were thereof seized in Coparcionari That is to say the said W. C. in his own right and the said E. C. and R. P. c. and their said wives in the right of their said wives and they being thereof so seized of their wills and mutual assent and agreement the seventh day of c. last past before the day of the date hereof did make partition thereof in manner and form following that is to say they did grant and indifferently divide and sever all the Mannors Messuages Lands Tenements and Hereditaments with their appurtenances to them descended and come as is aforesaid and which he hereafter expressed into six several parts or shares and agreed that every of the said six severall parts should be severally written and mentioned in a scroul of paper by it self and that afterwards every of the said six several scrouls of paper should be by an indifferent man thereunto appointed by their mutual assents severally inclosed and covered in and with wax made like little balls of like bigness and weight so as no man may see any of the scrouls and that then the said little balls of wax should be put in a bonner to be kept in the hands of an indifferent man thereunto appointed by their mutual assents and that the said W. C. being heir unto the eldest Daughter of the said Lady J. B. or his Deputy thereunto sufficiently authorized should first put in his hand into the said bonnet and should first take and choose out of the same bonnet one of the said balls and that he should have and hold to him and to his heirs for ever for his part portion and purport of the Premisses only those of the said Mannors Lands Tenements and Hereditaments that should be mentioned and written in the scroul inclosed and covered in and with the ball of wax that he or his said Deputy for him shall take and choose and that the said W. C. having married the said E. being the second Daughter of the said Lady J. C. or his Deputy thereto sufficiently authorized should for him the said W. and the said E. his wife being the second Daughter of the said Lady B. secondly put in his hand c. and should secondly take and choose c. one other of the said balls And that the said W. C. and E. his wife should have hold and enjoy to them and to the Heirs of the same E. for ever as in the right of the said E. of the premisses only those c. and that the said P. H. c. as Mr. C. mutat mutand and so the other all which was done accordingly And the said W. C. putting in his hand first into the said bonnet and taking and choosing out of the said bonnet one of the six balls wherein was one of the said six scroules in which was written and mentioned the Mannor of W. with the appurtenances late of the said Lady J. B. and all the Lands Tenements Meadows Feedings Pastures Rents Reversions Services and Hereditaments with their appurtenances which were of the said Lady B. in W. M. and W. H. in the County of c. the the Mannor of T. c. And the said W. C. putting in his hand second in the said c. the said P. H. c. the said R. P. c. the said E. C. by his Deputy c. the said T. L. c. Know ye That the said parties and every of them do and doth by these presents for him her and them and his and their heirs assent to the said partition of the Premisses so between them hereof made and had as aforesaid And that every of them doth and do for him her and them and his and their heirs accept and take the part portion and purpart to him her and them happened and allotted as is aforesaid in full recompence of his her and their part portion and purpart of all the Mannors Lands Tenements and Hereditaments to him her and them and any of them descended or come from the said Lady B. And that every of the said parties doth and do for him her and them and his and their heirs ratifie and confirm the said portion and also that every of the said parties doth and do for him her and them and for his her and their heirs ratifie and confirm to the other of them and their heits the Mannors Lands Tenements and Hereditaments to the other of them allotted and happened by vertue of the partition as is aforesaid as also all the estates and interests which the other of them hath therein and to the intent that no dissention or variance should hereafter happen or arise betwixt the said parties to these presents their heirs or assigns or any of them for touching or concerning the said Mannors Lands Tenements and Hereditaments with their appurtenances or any part or parcel thereof it is covenanted granted condescended concluded and fully agreed between the said parties to these presents their Heirs and Assigns in manner and form following That is to say first the said W. C. covenanteth and granteth for him his Heirs Executors and Administrators by these presents to and with the said C. D. and D. his wife and the heirs and assigns of the said D and to and with the said P. H. and F. his wife and to the heirs and assigns of the said F. and to and with the said R. P. c. and the heirs and assigns of the said c. and to and with the said W. C. and the said c. and to and with the said T. L. and the said c. severally for their parts portions and purparts of the Premisses that he the said W. C. his heirs and assigns and every of them at all times hereafter and from time to time whensoever he the said W. C. his heis or assigns or any of them shall be thereunto reasonably required by the said E. D. or D. his wife or either of them or the heirs or assigns of the said D. for the said part portion and purpart of the said D. of and in the premisses and by the said P. H. c. and by the said R. P. c. and by the said W.C. c. and by the said T. L. c. To make do acknowledge and suffer or cause to be made done acknowledged and suffered all and every act and acts thing and things for the further and more better assurance and sure making in the Law unto the said E. D. and D. his wife and to the heirs and assigns of the said D. the said part portion and purpart of the Premisses allotted and fallen unto the said E. D. and D. his wife as is aforesaid and unto the said P. H. c. and unto the said R. P. c. and unto the said W. C. c. and unto the said T. L. as by the said
A.B. of C. in the County of D. Gent. send Greeting Know ye That I the said A.B. the undoubted Patron of the Parish Church of E. in the County of F. for good considerations me thereunto moving have given and granted and by these presents do give and grant unto C. F. of J. in the County of K. Gent. the first and next Advowsonâ— Nomination Donation Collation Presentation and free Disposition of the aforesaid Rectory of E. in the said County of F. with 〈◊〉 â—is rights members and appurtenances whatsoever when it 〈…〉 void either by death resignation or otherwise In witness whereof c. THE Fourth Part OF THE CLERKS GUIDE BEING An Addition of FINES and RECOVERIES with the manner how to levy or suffer them to limit the Uses thereof And how they shall operate AS ALSO Of Mortgages Judgments and the like how to extend them With Forms of every matter therein of Use By Tho. Manley of the Middle Temple London Esq LONDON Printed by John Streater H. Twyford and E. Flesher Assigns of Richard Atkyns and Edward Atkyns Esquires M.DC.LXXII Cum Gratia Privilegio Regiae Majestatis The Premonition THe former Three Parts have it's true been heretofore Printed but not in the Method they are now presented being purged from many Errors and needless Repetitions however we will not take from the Authors their deserved praise but upon this Review finding somewhat wanting this Fourth Part intends to supply that defect for there is scarce any thing therein set forth which is not the ordinary practice of a well skilled Plebeian but in this we shall give you the particulars of Deeds and Assurances of Record not only the Forms and Presidents but the nature and manner how to proceed therein which is not common but to well practised Clerks And although it may not be absolutely perfect upon the first Essay yet it may answer beyond expectation there never having been any promise of Additions PART IV. Of a Fine A Fine being of all kinds of Settlements of the greatest Force and Antiquity is sometimes called Compositio amicabilis but more usually finalis Concordia and is so termed as the Lord Coke holds Quia finem litibus imponit And so indeed it did antiently for after some contention had been about a thing by Suit the Parties agreeing who should have it a Fine was levied and so there was an end of the matter but is now of more common use because a man thereby may convey his Lands to another in Fee-simple Fee-tail for life or years and that with a Reservation of Rent also Co. Inst 2. Part 511 514. And any person that hath a Capacity to take by the Grant of a Deed and may be a good Grantee in a Deed such person may be a good Conusee in a Fine and may thereby have and take the thing granted And may be levied of all things whereof either a Praecipe quod Reddat a Praecipe quod faciat a Praecipe quod Permittat or a Praecipe quod Teneat lyeth And the order of proceeding in suing it out is thus First an Original is sued forth which may be either a Quid juris clamat Per quae Servitia De Rationabilibus divisis Writ of Right Patent or Close Warrantia Chartae De Consuetudinibus or any Writ of Right But the usual Writ at this day is a Writ of Covenant And although by the common course they use to take out a Dedimus Potestatem and to have the Conusance of a Fine before any Original sued forth yet the Original is alwayes supposed iâ— Law to precede the Dedimus and therefore doth and must bear Teste before it or it will be erronious Then there is a Praecipe drawn and the Concord and Agreement of the Parties both which are to be fairly written in Parchment After this the Conusor or Conusors of the Fine are to come in person before the Judge or Judges authorized to take the Conusance of Fines who are to take notice of the persons that there be no Infants Ideots or Madmen among them nor any Feme Covert for if there be such a Woman the Judges or Commissioners are to examine her privately and apart Whether she be free and willing to do it without any constraint of her Husband Then she with the rest of the Conusors declare publikely their consent and to subscribe their Names or Marks to the Concord And if it be by Dedimus Potestatem it must be returned and certified under the hands and seals of the Commissioners into the Common Pleas that it may there be recorded and finished Which done the Conusee must compound with the King for his License and the money paid thereupon is called the Kings Silver and of this an Entry must be made on the back of the Writ of Covenant Then it must be enrolled by the Custos Brevium and upon that Roll the Proclamations are to be indorsed And thence carried to the Chirographers who make a Note thereof commonly called The Note of the Fine And then enter it upon Record ingross it and make and deliver the Indentures thereof to the Conusee And if it be a Fine with Proclamations it must be proclaimed openly in the Common-Pleas once every fourth Term then next following And the next Term after the engrossing the contents thereof are to be recorded in a Table made for that purpose to be set up in the Court of Common-Pleas at Westminster in an open place all the Term time and so at every Assises The Fine also if the Parties please may be enrolled and exemplified Presidents of Concords And first of the Praecipe Surr. ss Praec A. B. Mil. Quod juste c. ten C. D. Conven c. de Manerio de S. cum pertin in H. J. K. et nisi c. ac de viginti Messitagits duabus Salinis sex cottagiis here mention the true particular of the Parcells according to their severall Natures and Qualities with the numbers of Acres c. And thus you must vary them according to your best Judgments The Concords themselves are either Single or Double some Presidents of single Concords follow ETâ—est Concordia talis sc quod praedict A. recognovit tenementa praedicta cum pertin esse jus ipsius B. ut illa quae idem B. habet de dono praedict A. et illa remisit et quiet clam de se et haeredibus suis praedicâ— B. et haeredibus suis in perpetuum Et praeterea idem A. concessit pro se et haeredibus suis quod ipse warrant praedict B. et haeredibus suis praedicta tenementa cum pertin contra praedict A. et haeredes suos in perpetuum Et pro hac c. Of a Reversion after the death of Tenant for life ET est Concordia talis sc quod praed R. recognovit tenementa praedict cum pertin esse jus ipsius F. et concessit pro se et haeredibus suis quod praedicta tenementa quae F. M. et
whereupon Proclamations be not or shall not be duly made by reason of the adjournment of any term by Writ shall be as good as if any Term had been holden from the beginning to the end and Proclamations therein made according to the Statute 5 H. 4. cap. 14. All Writs of Covenant and other whereupon Fines be levied the Dedimus Potestatem and all Conusances and Notes of the same before that they be drawn out of the Common Bench by the Chirographer shall be enrolled in a Roll to be of Record for ever out of the which execution shall be had if the notes or fines shall be imbezelled 34 H. 7. cap. 24. Every Fine after the engrossing shall be proclaimed in the Court the same Term and the three next four several dayes in every Term all Pleas ceasing the whilest which Proclamations so made the fine shall conclude all Privies and Strangers except women covert persons within 21 years of age in prison out of the Realm or of nonsane memory being no parties to the fine so they or their heirs take their action or lawful entry within five years after those imperfections removed Saving to all persons and their heirs other than parties the right claim and interest which they have at the time of the fine so that they pursue it by Action or lawful Entry within five years next after the Proclamations And saving to all other persons such right title claym and interest as first shall grow remain or come to them after the Proclamations by force of any matter before the fine so they take their right according to the Law within five years after it growes c. And those that be Covert Baron c. at the time when it groweth c. that they or their heirs take their actions or lawfull entry within five years after those imperfections removed Saving also to all not parties nor privies the exception that none of the parties nor any to their use had any thing in the Lands at the time of the fine 31 H. 8. cap. 36. All Fines levied by any person of 21 years of age of Lands entailed before the same fine to himself or his Ancestors in Possession Reversion Remainder or Use shall immediately after Proclamation made be a sufficient Barre against him and his heirs clayming only by such entayle and against all other clayming onely to his use or the use of any Heir of his Body 23 Eliz. cap. 3. Every Writ of Covenant or other Writ whereupon any Fine is levied the Return thereof the Dedimus Potestatem and return thereof the Concord Note and Foot of the Fine the Proclamations and Queens silver Also every Writ of Entry in the Post or other Writ whereupon any Common Recovery is suffered the Writs or Summons ad Warrantizandum and the returns of all these Writs and every Warrant of Atturney may at any mans request be enrolled which enrollment shall be of as great force to all purposes in Law as the things themselves if they were extant No Fine Proclamation or Common Recovery shall be reversed by Writ of Error by reason of false Latine rasure interlining mis-entring the Warrant of Atturney or of any Proclamation mis-entring or non-return of the Sheriff or by reason of any other defect of Form in words and not in matter of substance 31 Eliz. cap. 2. Proclamations of Fines shall be onely four times viz. once in the Term wherein the fine is engrossed and once every of the three Terms next after Of a Recovery A Common Recovery is onely Fiâ—lio Juris being a certain form used for the better assuring of Lands or Tenements upon any man And this Recovery by assent is now by common usage a kind of conveyance upon which a use may be limited and averred And there is a great difference between a Recovery by assent and a Recovery without assent though without title Co. 1. Sir William Pelhams Case 14. In the formalities whereof three things or parties are required viz. a Demandant a Tenant and a Vouchee as efficient causes thereof and the Land demanded as the matter thereof 1. The Demandant is he that brings the Writ of Entry and may be termed properly enough the Recoveror 2. The Tenant is he against whom the Writ is brought and may be stiled the Recoverce 3. The Vouchee is he whom the Tenant voucheth or calleth to warranty for the Land in demand And it is either with a single Voucher which is where the Writ is brought against him that is to pass the Land immediately and he doth vouch over the common Vouchee And sometimes with a double Voucher which is when the writ is brought against another to whom he that is to pass the Land hath aliened it and he doth vouch him that is to make the assurance and he doth vouch over the common Vouchee and this is the surest and safest kind of Recovery And this may be also with a treble Vouchee And here observe That a Common Recovery is much of the nature of a Fine and hath much favour from the Law at this day and is in some respects better than a Fine for a fine will barre the Heir in tail but not him in Remainder or Reversion but a Recovery bars them all Co. 1.22.62 The method of suffering a Recovery and the manner and order of proceeding therein is as followeth First There must be a Writ of Entry and therein a Demandant a Tenant and a Vouchee for if either of these be wanting it is not a compleat Recovery and such persons and by such names may be Demandants Tenants and Vouchees in Recoveries as may be Cognisors and Cognisees in Fines Co. upon Litt. 372. But the persons and parties must be competent and capable and there must be a lawful Tenant to the Praecipe 2. In the Writ of Entry there must be Land contained or some other thing demanded and that such as is demandable and therefore we are to take notice That of such things and by such names as a Writ of Covenant for the levying of a fine may be had a Writ of Entry for suffering a Recovery may be had See Doctor and Student 52. Mores Rep. 953. 3. It must not contain the same thing twice as to name a Messuage and a House parcel of the same Messuage nor a Town and a Hamlet within the same Town 4. If the Writ of Entry be returnable Crastino Martini the Writ of Summons ad Warrant thereupon must bear Teste from the return of Crast Mart. and be returnable nine returns after the return of the Writ of Entry inclusivè that is accounting Crast Mart. for one of the nine returns and Tres Paschae which is the ninth return after Crast Mart. for another And the Teste of the Writ of Seisin must be the day of that ninth return and be returnable fifteen days after If a single Recovery and a Fine be against the Tenant the Writ of Entry must bear date and Teste before the Writ of
is covenanted and agreed should and would convey and assure or cause to be conveyed and assured unto the Right Honourable H. Earl of D. since deceased and to the said R. H. T. T. J. B. and H. H. and their heirs and to the Survivor of them and his heirs all and singular the Mannors of S. B. and S. in the said County of L. and also all and singular Suits Seigniories Services Franchises Priviledges Court-Leets Perquisites of Courts and Leets View of Frank-pledge and all appurtenances Emoluments and Hereditaments whatsoever unto the said Mannors and Lordships or unto any of them belonging and appertaining and also all and singular his Mannors Messuages Lands Tenements and Hereditaments whatsoever within the several Towns Townships Fields Hamlets Precincts and Territories of S. H. A. and O. and elsewhere in the County of L. to the several uses intents and purposes in the said recited Indenture mentioned expressed and declared and to no other use intent or purpose in any wise The particulars of which said Uses do more plainly appear in and by the said recited Indenture relation being thereunto had In which said recited Indenture of the 35 year of her Highness Reign there is nevertheless contained one Proviso or Clause to the tenor or effect hereafter following that is to say Provided nevertheless c. here recite the Proviso of Revocation verbatim Now therefore it is agreed by and between the parties to these presents and the said E. S. according to the tenor power or liberty of the said Proviso being fully minded and determined to alter the Estate and Estates limited in use in or by the said mentioned Indenture of the 35 year of her Highness Reign unto T. S. of B. and the Heirs males of his body and also the Estate and Estates limited in use in or by the said recired Indentures unto J.S. for term of his life without impeachment of wast and after his decease then to E. S. son of the said J. and the heirs males of his body lawfully begotten doth by these presents and by force and according to the said Proviso or the power or liberty thereof revoke repeal and derermine all and every the said estate and estates in any wise limited in use in or by the said recited Indentures unto the said T. S. of B. and the Heirs males of his body lwfully begotten and also all and every the estate and estates in or by the said Indentures limited in use unto the said J.S. for term of his life and all and every the estate or estates in or by the said Indentures limited in use unto the said E. S. son of the said J. and the heirs males of his body lawfully begotten of in for or concerning all and every the Mannors Lands Tenements and Hereditaments with their and every of their appurtenances in any wise comprised or specified in or by the said Indentures And likewise the said E.S. doth hereby limit publish and declare according to the tenor of the said recited Proviso that all and every the Estates in any wise manner or form limited in use in or by the said recited Indenture unto the said T. S. and the Heirs males of his body lawfully begotten as also all and every the estate and estates in any manner or form limited in use in or by the said Indenture unto the said J. S. for term of his life without impeachment of wast and all and every the estate and estates in any wise manner or form limited in use in or by the said Indenture unto the said E. S. son of the said J. and the Heirs males of his body lawfully begotten shall from thenceforth of in for and concerning all and every the Mannor Lands Tenements and Hereditaments with their appurtenances in any wise comprised in the said recited Indenture shall cease determine be frustrate void and of no farther effect or continuance in Law any the limitations of use or uses in the said mentioned Indenture or any other matter or thing whatsoever to the contrary hereof in any wise notwithstanding And that all and singular the said Mannors Lands Tenements and Hereditaments aforesaid with their and every of their appurtenances and the only use thereof shall from henceforth remain continue and be unto the said E.S. party to these presents and his Heirs for ever and not in any sort manner or form unto the said T. S. and the heirs males of his body nor to the said J.S. for term of his life nor to the said E.S. Son of the said J. and the Heirs males of his body lawfully begotten nor to their or any of their Assign or Assigns In witness whereof c. A Declaration of Uses upon the Revocation above-written TO all to whom these presents shall come E.S. of S. in the County of L. Esq sendeth greeting Know ye That I the said E. S. having before the making hereof revoked reduced and revested the Estate of Inheritance of all and singular my Mannors Messuages Lands Tenements and Hereditaments whatsoever with the appurtenances scituate c. in and to me the said E.S. and my heirs for divers causes and considerations me thereunto moving Have Given Granted and Confirmed and by these presents do Give Grant and Confirm unto A. B. of c. and R.L. of c. all and singular my Mannors Messuages Lands Tenements and Hereditaments whatsoever with their appurtenances To have and to hold the said Mannors c. unto the said A. B. and R. L. their heirs and assigns to the several uses behoofs intents and purposes hereafter in these presents specified and to no other use intent or purpose whatsoever that is to say to the onely sole and proper use of me the said E.S. and my heirs and assigns for ever In witnesse c. We will now Illustrate the matter with some few Cases And first 1. In Trin. 25 H. 8. Barloe and those who were seised in Fee of the Land gave it to Jo Aprice and Joan his wife and the heirs of their two bodies engendered and after Jo. Aprice did discontinue the tayl to the use of Richard his Son and Anne his Wife and to the heirs of the body of the said Richard and after the said John dyed and Joan survived him And after Richard enfeoffed one Thomas a Bastard son in Fee After Anne dyes and one Robert Pattershall and others recover the same Lands against the said Thomas in a Writ of Entry in le Post wherein Thomas vouched the said Richard which voucheth over the common Vouchee and thereupon Judgment and Execution was had After this Joan dyed after whose death Richard dyed without lawfull Issue of his Body and after one Thomas Aprice younger Brother to the said Richard and Son of the said John and Joan brought a Formedon in Descender against Thomas the Bastard son and recovered the Land for that Joane was living at the time of the Recovery had and therefore the first entail was not bound and by the death
it stands in force or be reversed by attaint or Writ of Error is final and makes an end of the Suit And here observe 1. That all Judgments are either by Award by Confession by Default or by Tryal Cro. 2.468 2. That a Judgment cannot be depheasanced before it be obtained Cro 1.837 3. That Judgments are much favoured in Law for Judicia in Curia Regis reddita pro veritate accipiuntur et Judicia sunt cantum Juris dicta Judicia in Curia Regis reddita non adnihilentur sed stent in suo robore quousque per errorem aut attinctam adnullentur for Interest reipublicae res judicatas non rescindi et nihil est tam conveniens naturali aequitati quam unum quodque dissolvi eo ligamine quo ligatum est Co. Inst 2. part 360. 4. That if the Plaintiff upon a Judgment dye his Executors or Administrators may not proceed to take advantage thereof or have Execution thereupon till they have first sued out a Scire facias Co. Inst 2. part 288 394. The Method of proceeding in a Judgment is as followeth viz. The Judgment being past the Plaintiff may choose his Execution and to pursue it But he is first to take care that this Judgment be entred in due and legal form which you may see in the Book of Entries Then he must be careful in the choyce of his Execution As for Example If he make choyce of an Elegit it is to be directed to the Sheriff in the form by Law prescribed for which see F.N.B. and the Old N. B. Then the Sheriff having received the Writ must summon a Jury and this Jury is to inquire and return what Fee-simple Fee-tail or for life Lands Goods or Chattels the Defendant had at the time of the Judgment or at any time after And this must be very carefully done the finding must have certainty in it by the quality of the Land as the Mannor of H. a Messuage and 20 Acres of Land Meadow and Pasture in D. in the occupation of J. S. of the value of c. 5. pound Rent c. Then the Sheriff is either at the same time or some time afterward to deliver the one moyety thereof and this last he alone doth without the Jury And herein care must be had that they do it by meets and bounds and that he do certainly describe that which he doth so deliver and that he deliver what is divideable and therefore that he do not divide a Mannor and deliver the moyety thereof for by this means he may destroy the Mannor And if the Sheriff shall deliver too much the Court at the return of the Writ may quash it and order a new Inquiry When the Plaintiff is satisfied by incursion of time the Defendant may re-enter upon his Land without more ado but if he hath received satisfaction by some accidental improvement of the Land there he is to call the party into Court out of which the Writ issued and there to do it by Scire facias Co. 5.38 39. But all Executions are to be taken out within a year after the Judgment else no Execution can be made out without first suing forth a Scire facias Westm 2.45 13 Edw. 1. The Execution upon a Judgment shall relate to the day of the Writs date and the award of the Writ of Execution shall bind all the Goods of him against whom Judgment is which he had at the day of the Execution awarded The Entry of a Judgement may be stayed and arrested if the Court shall see cause That a Judgment may be for a part of the thing only in demand or for the whole That a Judgment may be erroneous and avoidable by a Writ of Error for many causes Cro. 2.303 That after Judgment no Issue shall be taken Cro. 2.126 That when a Judgment is reversed for Error the Party is restored to his first remedy Co. 8.141 The Forms and Presidents of these things vary according as the case requires and being only practicable by Attorneys who are or ought to be well versed therein we will trouble the Reader with them but in the next place shew the several Statutes that speak of the same Stat. Westm 2.18 13 E. 1 That he that recovereth debt or damage in the Kings Court may at his choyce have a Fieri facias of the Lands and Chattels of the Debtor or a Writ for the Sheriff to deliver him all the Chattels of the debtor except Oxen and Plough-Beasts and the moyety of his Land by a reasonable extent till the debt be levied And if he be Ejected out of the Land he shall have an Assise and afterwards a Writ of Redisseisin if need be And this last Writ is called an Elegit which is given upon a Statute also Stat. 32 H. 8. cap. 5. That for all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things inrolled the Execution shall be within the year but after the year a Scire facias whereupon if satisfaction be not made or good cause shewed the Sheriff shall be commanded to Execution That if Lands delivered in Execution upon just cause be recovered without Fraud from the Tenant in Execution before he shall have levied and received his whole debt and damages he may have a Scire facias out of the Court from whence he had the Execution returnable in the same Court at a day Forty dayes at the least after the date of such Scire facias at which day if the Defendant being lawfully warned make default or do appear and do not plead a sufficient cause other than the former acceptance of the Lands to avoid the said Suit for the residue of the said debt and damages the said Court shall issue forth a new Writ of Execution for the levying thereof Stat. 1 Jac. cap. 13. If any taken in Execution be delivered by Priviledg of Parliament as soon as the Priviledg ceases the Plaintiff his Executors or Administrators may sue out a new Execution against him and the Sheriff or other Officer shall not be chargeable for the first Arrest Stat. 3 Jac. cap. 8. That no Execution is to be stayed upon any Writ of Error or Supersedeas upon it for reversing of a Judgment for debt or upon a Contract till the Plaintiff be bound in Recognizance with two Sureties in that Court in double the Summe of the Judgment to prosecute it with effect and pay the debt costs and damages if the Judgment be affirmed Stat. 21 Jac. cap. 24. That the party at whose Suit any one is in Execution for debt or damages recovered their Executors or Administrators may after the death of the person so charged and dying in Execution lawfully sue forth new Execution against the Lands and Tenements Goods and Chattels of the person so deceased in like manner as if the person so deceased had never been taken in Execution Howbeit this Act shall
the Execution and justifie it Cro. 1.440 2. After half the Land of a man is taken in Execution upon one Judgment then if there come another Judgment against the same person a moyety of the moyety only left and not of the whole is to be extended Cro. 1.482 483. 3. The Sheriff upon a Fieri facias may not deliver the Defendants Goods to the Plaintiff in satisfaction of his debt Cro. 1. part 504. 4. If the Sheriff open or break any House to do Execution at the Suit of a common person the Execution is good but the party whose House is broken may have an Action of Trespass against him for the breaking of the House Co. 5.93 Co. 4.91 Semaines Case Co. 11.82 5. If the Sheriff have a Fieri facias or a Ca. sa against a man and before Execution executed he pay him the money in this case the Sheriff cannot do execution after if he do an Action of Trespass or False Imprisonment lyeth against per Justice Jones and Justice Berkley B.R. Pasch 12 Car. 6. If Execution be by Fi. Fa. and the Sheriff seise Goods and before the sale the Record is removed by Error and a Supersedeas awarded and a seizure returned in this case a Venditioni Exponas may be awarded upon the return of the Fieri facias which is filed Cro. 1.597 598. 7. If Execution be for the Plaintiff if the Defendant be taken by Capias Utlagatum and if Judgment be affirmed in Error a Capias or other Execution lyes without Scire facias although in another Court Cro. 1.706 851. 8. The ancient Sheriff being out of his Office cannot sell the Goods he took upon a Fieri facias Yelverton 44. How Execution is to be done in the Cinque-Ports see Bendloes 15. Observe here further That if the Defendant dye his body being in Execution the Plaintiff may have a new Execution against the Lands or Goods of the Defendant as he pleaseth but the Plaintiff while he hath the body of the Defendant in Execution can have no other Execution against his Lands or Goods Co. 5.65 66.86 87. A new Execution may be sued against any man who by Priviledg of Parliament shall be set at liberty Stat. 5 Jac. cap. 13. If the Sheriff hath a man in his custody by process of Law and after this a Writ of Capias ad Satisfaciendum is delivered to him in this case in Judgment of Law he shall be in Execution presently upon that Writ though he never make any actual arrest thereupon Co. 5.89 I will now cite some few Cases to illustrate this Point 1. If two be in Execution for one debt and one of them dye under Execution this will not discharge the other But death under Execution in case where there is but one Defendant is in satisfaction Cro. 1.851 F.N.B. 146. Cro. 2.136 143. But this by the Common Law For now by the Stat. of 21 Jac. cap. 24. If a man be in Execution for a debt and dye in Execution for it the debt unpaid the Plaintiff shall now have as much remedy against his Lands and Goods as if he had never been or dyed in Execution Co. 5.86 Cro. 2.136 142. 33 H. 6.47 3 H. 6.7 N.B. 246. 2. If the Defendant pay the money by this he shall be discharged of the Execution So a Release of all Executions will barr in this case although it be in the Kings case But a Release of all Suits will not discharge from Execution in the case of the King or Subject Co. 8.153 But a Release of the Judgment and of all debts and duties will discharge the Body out of Execution Co. 1. part Inst 291. But if he make any Depheasance Release or other such like act to the Defendant being in Execution amounting to a discharge of the Execution this will not be in it self ipso facto a discharge of the Execution but this will make way for his discharge by Audita Querela or some other means And therefore in case where the Plaintiff consented that the Defendant his Prisoner in the Kings Bench should come to him out of Prison to the Horse-shooe Tavern which was out of the Rules without a Keeper or any Order of the Court thinking to have some agreement with him and he doth come to him and was taken again upon the same Execution and put into the Kings-Bench he was relieved and discharged by Audita Querela And a discharge by word in this case is good enough For if I say to the Sheriff and bid him discharge such a one he hath in Execution at my Suit or suffer him to go at large this is a good discharge both to the Sheriff and to the party Popham 206 207. Trin. 24 Car. B.R. Walker and Alder. 3. If A. and B. Joynt-Tenants for life the Remainder in Fee and Judgment is given against A. in debt and afterwards before Execution he release to his Companion this shall not avoid the Execution upon the Land But if A. had dyed before Execution the Survivor would have held the Land discharged Co. 6.79 Abergavenyes Case 4. If a Judgment be against one Obligor in the Common-Pleas and another Judgment in the Kings-Bench against the other Obligor and a Capias ad Satisfaciendum in the Kings-Bench against that Defendant and then the Body and Lands of the other is taken in the Common-Pleas and he is delivered by Audita Querela as he may be although the Land taken in Execution be evicted yet his body shall never be re-taken in Execution Hob. Rep. 2. 5. If a Sheriff Gaoler or other Officer that hath a man in Execution at my Suit for debt or damages do after suffer him wilfully or negligently to escape and do not re-take him before I commence my Action against him In this case I may in an Action of Debt or Action of the Case which I will recover against him by whose means this is done but not against his Executors or Administrators so much as I am damnified thereby Plowd 45. Co. 3.52 Dyer 278. Cro. 3.767 F.N.B. 93. 6. If the Sheriff take one in Execution at my Suit be the process by which he is taken erronious or not if the Sheriff suffer him to escape he shall be charged with this escape Cro. 3.188 576. Cro. 2.1 7. If the Chief Justice of the Court by which the Prisoner is committed the Sheriff and the Plaintiff in the Suit all of them agree together to let a prisoner in Execution out for a time this will be no escape especially there where the Prisoner doth return at his time Dyer 275. 8. If the King or any great Man out of the ordinary way of Law shall command or require the Sheriff or other Officer that hath the keeping of such a prisoner to set him at liberty altogether or foâ— time and he doth so although he return to prison again yet this will be an escape in the Sheriff to make him liable to action Dyer 278 279. 9. If a
and Jury upon this Writ is called an Extent And if the Sheriff or Apprisors upon the Extendi facias over-value the Lands or Goods in favour to the debtor the Conusee hath no remedy but by motion in that Court where the Writ is returnable at the Return day or at least the same Term to desire that the Apprisors may take the Lands or Goods at the rate they have valued them in the same manner as the Corusee is to have them And a Sale made of Goods in this case by the Sheriff is as strong as if it were in Market-overt And when the Conusee is in possession of Lands by such an Extent as before then is he Tenant by Statute And after the Conusee is once setled in peace in the Lands extended he shall hold them till he be satisfied his debt and his reasonable costs and damages for travel suit delay and expence See for this Dyer 299. Co. 5.87 F.N.B. 130. Co. on Litt. 290. Co. 2. Part Inst 395 396. The proceedings upon the other kinds of Recognisances are after another manner For upon Recognizances at the Common Law if the money be not paid at the day the Conusee his Executor or Administrator is to bring a Scire facias against the Conusor or if he be dead against his heir when he is of full age or if the Lands the Conusor had at the time of entring into the Recognisance be sold against the Purchasors of them which the Conusor had at any time after the Recognisance entred into to warn them to come into the Court whence the Scire facias issued to shew cause why Execution should not be made upon the said Recognisance and if the party or parties cannot be sound to be warned or being warned do not appear at the time or appearing do not shew cause why the debt should not be levied In this case the Conusee shall have Execution of his moiety by Elegit or if the Conusor be living of all his Goods by Levari or Fieri facias at his Election but he may not have Execution of his Body unless he bring an Action of Debt upon the Recognisance as in this case he may do or it be by the course of the Court as it is in the Kings Bench on a Bayl wherein a Capias doth lye Dyer 315 360 366. The proceedings against the Sureties upon Statutes are to be in the same manner as the proceeding against the Principal And yet where the Principal hath moveables to satisfie the debt the Surety as it seems is not to be charged I will Illustrate this matter in the next place with some few Cases And first 1. Tenant by Elegit upon Judgments and Recognisances is to hold the Land until he be answered his debt without his costs and Mises c. But Tenant by Statute Merchant Statute-Staple or by Recognisance in nature of a Statute-Staple is to hold the Land c. untill he be paid his debt together with his Mises and Costs Co. 2. part Inst 678. 2. In case where Extenders upon Elegit or other Writ of Execution or upon a Recognisance in Court do extend the Land too high they shall not be forced to take it at the rate as the Extenders of Land for Execution upon a Statute-Merchant Staple or Recognisance in nature of a Statute-Staple shall be Bendloes Rep. 15. Co. on Litt. 290. Yelverton 55. 3. If one seised of White-acre Black-acre and Green-acre enter into a Statute or Judgment against him and then he enfeoffeth A. of White-acre and B. of Black-acre and keep Green-acre to himself in this case the Conusee or Plaintiff may have his Execution upon the moiety of Green-acre and not meddle with the other two Acres if he please but he may not in such case extend a moiety only in the hands of both the purchasors but he must extend a moiety in the hands of both the purchasors and of all the rest of the Land subject to the Execution for if he leave out any 〈◊〉 it the party grieved thereby will have his remedy and avoid the Execution by Audita Querela for where the Books say each purchaser shall have contribution in that case it is intended that such extent shall be avoided of that part and all the Land shall be extended and equally charged And so it is in this case where Green-acre shall descend to an heir there the Conusee may extend onely the moiety of this Acre in the hand of the heir and not meddle with the two Acres in the hands of the purchasors if he please But where there be two or more Conusors in a Statute c. there the Lands of them all and not of one of them are to be extended Co. 2. part Inst 396. 4. If two persons recover against one in debt severally and he that hath the first Judgment sues an Elegit and hath the moyety of the Land in Execution and then the other sues an Elegit In this case he that last sueth shall have but a moyety of the moyety that is left Cro. 3.482 5. If the Conusee on a Statute or Recognisance in nature of a Statute receive his whole debt by the Land yet may not the Counsor enter but where upon an Elegit he is satisfied there the Conusor may enter on his Land Co. 2. Part. Inst 600. In the last place I will give you the Statutes concerning this matter Westm 2. cap. 46. For all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things enrolled a Writ of Execution shall be within the year so as the parties shall not need to plead c. Stat. de Acton Burnell 11 E. 1. A Debt acknowledged to a Merchant before the Mayor of London York or Bristol or before a Mayor or Clerk appointed by the King thereunto shall be enrolled And if the Debtor fail of his payment at the day the Debtee or his Executors may call for Execution and upon notice thereof to the Mayor and Clerk they shall cause his Chattels and Moveables to be sold as far as the debt doth amount by Apprisement of honest men and the money without delay shall be paid to the Creditor and in case they cannot sell them they shall cause so much of the moveables to be delivered to him as amounts to the debt and the Kings Seale shall be put to the sale and deliverance and if the Debtor have no moveables within the Mayors Jurisdiction then shall the Mayor send the Recognisance unto the Chancellor under the Kings Seal and the Chancellor shall thereupon direct a Writ to the Sheriff in whose Bayliffwick the Moveables of the Debtor be who shall proceed therein as the Mayor might have done if the Moveables had been in his power If the Apprizors set too high a value on the things that are to be sold they shall be compellable to take them at the same prices and shall
RElease of Lands mortgaged 18 Revocation Deed to revoke uses 30. 166 Recognizance assignment thereof 24 Release general 27 143 164 457 489 Release from one that hath lost a deed 27 46 Release of fines and Forfeitures to the King 28 Release or resignation of a trust 29 Release of an annuity 42 628 Release of Dower 45 Revocation of a pretended contract of matrimony 97 Rent reserved grant thereof 117 Release of Lands upon performance of Articles 124 165 502 Recovery Covenants to pass a Recovery c. 133 207 266 Release by one used in trust 141 Revocation of a Suit 142 Release of Errors 144 Release upon receit of a legacy 164 351 Recovery deeds of Settlement thereupon 250 254 260 Release of a Proviso 319 320 321 Release of a Recognisance 340 Release of an extent Bond c. 350 Release between Purchasors 359 Rejoynder the form thereof 428 Replication the form thereof 429 Release to a purchaser 445 Release confirmation 453 Release from an Executor 456 Redemise of Lands mortgaged 466 Release of Land in exchange 589 Release where 3 have Estate of inheritance 622 Release of a conditionall assignment 623 Release of a Mannor 624 Release of rent reserved 626 Release of a condition c. 627 629 S SAle A bill of Sale 17 Scavenger and Raker Indenture between them for cleansing the streets 31 Sale of the moiety of a Rent reserved by Lease 88 Surrender of a Lease for lives c. 142 Suit revocation thereof 142 503 Surrender of Copyhold lands by way of Mortgage 173 Settlement by fine and Recovery of lands to raise money to pay debts and childrens portions 280 Sale of goods by the Sheriff bayliff 359 Sheriff discharge to him 388 Statute assignment thereof 418 Sub-poena affidavit of Serving thereof 428 Stewardship of a Mannor grant thereof 458 644 Surrender acknowledgment of what estate was granted and how 492 Settlement Indenture thereof well penned 541 Swans and Swan-marke Bargain and Sâ—le of it 617 Survivorship Indenture to avoid it 636 637 T TYthes a Lease thereof 43 Transport of Goods in a ship 232 Tripartite deed of Lands c. in trust till a joynture made 273 Testimonial of a house and good burnt 358 Trust declaration thereof 375 444 461 496 500 Tenant poynts of law between Lord and tenant c. 393 Trust acknowledgment thereof 408 409 Tayle estate tayl barred by Indenture 463 V USe deed to lead the use of a fine 107 Uses declared by deed with good covenants 278 378 487 Uses revoked by deeds c. 397 W WIll the form thereof 46 The preamble of the same 179 Warrant of Atturney to confess a judgement 206 349 Warrants to acknowledg Satisfaction 206 352 Warrants of Atturney in general 349 352 Warrant of a Master in Chancery upon a Reference 428 Warrant to keep a Court 503 Warrant for a Buck and Doe 646 The Table to the Fourth Part. A. Audita Querela the Nature of it where it lyes and for what 723 724 725 Where returnable 725 B. BArgain and Sale definition thereof 694 Rules concerning the same 695 Time for Inrollment 696 Presidents thereof 698 C. COncords of Fines Presidents thereof 662 663 Cases concerning Fines 670 Cases concerning Recoveries 688 Cases concerning Bargain and Sale 696 Cases concerning Execution in its several kinds c. 705 Cases concerning Statutes and Recognisances 718 D. DEpheasance the Nature of it 722 Rules concerning the same ibid. Distresses and Replevin what they are where they lye for whom and what 726 727 E. EXemplification of a Fine 664 665 Executions the several sorts thereof 703 What is lyable thereto et è contra 714 Escape what shall be so judged 726 F. FIne definition thereof 661 Proceedings therein 661 662 Foot of a Fine 667 I. INdenture of Covenant for a Recovery to be suffered 682 Another declaring the Uses of a Recovery already suffered 683 Judgment and the Execution thereof 700 How a Judgment shall be executed 701 P. PResident of a Lease to make a Tenant to the Praecipe 677 Proviso for Revocation of Uses 684 Presidents of Bargain and Sale 698 R. REcovery definition thereof with the Formalities and Efficient causes 675 Proceedings therein ibid. President thereof in the Hustings London with double Voucher 678 Revocations of Uses according to former Indentures c. 686 Replevin the nature of it and for what it lyes 728 Statutes concerning it 728 729 S. STatutes relating to Fines c. 673 Statutes relating to Recoveries c. 692 Statutes concerning Judgments and their execution 702 Sheriff his Duty in doing Execution 705 Statutes concerning the same 709 Statute or Recognisance the nature thereof 710 711 Forms thereof ibid. et 712 Where a person shall be contributory thereto 726 Rules concerning the same 713 Proceedings thereon 715 Sureties how to be proceeded against 718 Statutes relating to Recognisances c. 719 720 Statutes concerning Distresses and Replevins 727 V. USe of a Fine Indenture to â—ead it in several Forms and Cases 668 684 Uses how they may be declared and when and by whom 669 670 Uses declared upon Revocation 688 W. WArrant of Atturney and Ded. Pot. the form thereof 677 678 What requisite thereto 678 FINIS