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A86941 The third part of the young clerks guide: or, a further collection of choice English presidents for indentures of settlement, of exchange, of bargains and sales, letters of attorney, declarations of trust, assignments, conditions, presentations, and sundry others of the newest forme. / Compiled by Sir R.H. and perused by a judicious practitioner, very useful and necessary for all.; Young clerks guide. Part 3 Hutton, Richard, Sir, 1561?-1639. 1659 (1659) Wing H3847; Thomason E1908_2; ESTC R209948 197,786 328

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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 Indenture 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. V. on the other part The recital of the Fine and Recovery whereas 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 T. Lord W. and of the said Recoverer 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 whereof the said Recovery was suffered and had alwayes was and now is The intent of the parties at the execution of such Fine and Recovery 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 Recoverers 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 and 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 Premises 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 The uses And the said T. Lord W. doth hereby limit expresse 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 Assignes for and during the term of his natural life without Impeachment of or for any manner of waste and from and after 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 ever for and to this intent and purpose that they the said c. and their heirs and the Survivor and Survivors of them and his and their heirs shall and will bargain For payment of Debts sell or otherwise dispose of the same for and towards the payment satisfaction and discharge of such debts and summes of money as the said T. Lord W. doth now owe or 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 now stand or which at the time of the death of the said T. Lord W. shall stand bound or engaged for or with the said T. Lord W. for the same debts or summes of money or any of them and also for the satisfaction payment and discharge of all such sum or sums which the said T. Lord W. hath or hereafter shall take up borrow or receive for or in 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 And Legacies 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. 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 sums 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 And that if any over-plus shall be of the value of the same Mannors The Disposal of the Overplus 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 overplus 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 shal be limited or appointed to come after the said Lord W. his death as aforesaid Parties trusted to give security to dispose of the premisses accordingly then if such preson his heirs Executors Administrators or Assigns shall within two years next after the death of the said T. Lord W. well and truly satisfie pay and discharge all the foresaid debts summes of money funeral charges Legacies bequests which by the true intent meaning of these presents are limited expressed or intended to be paid for out of or in respect of the said Mannors Lands tenements hereditaments premisses or shall give or make to the said c. or the Survivors or Survivor of them or to the heirs executors or administrators of the Survivors or Survivor of them good sufficient security for the payment of all the said debts sum sums of money Security to be allowed of by
Remainder of the term for himself his c. doth Covenant and grant c. that he the said T. L. his Executors and Assigns shall and may at all times during the said term or residue of the said term and number of years now to come and unexpired quietly and peaceably have hold occupy and enjoy all and every the said parcels of land pasture and wood-ground with their appurtenances without the let suit trouble Expulsion or Eviction of him the said G. E. his Executors and Assignes and of all and every other person and persons whatsoever lawfully claiming by from or under him the said G. E. his estate or title and absolutely freed and discharged from all charges and incumbrances whatsoever done or suffered by him the said G. E. or by his means Act or procurement A Covenant if the number of Acres be wanting so much money to be re-paid And the said I. S. for himself his c. ut supra That in case the said lands wood-grounds and premisses hereby mentioned to be assigned together with other parcels of Copy-hold Lands of the said I. S. lying in E. aforesaid and by him the said I. S. sold to him the said T. L. and his heirs shall fall out and appear to be under the quantity of 24. Acres at which quantity the same is now sold and estimated unto him the said T. L. That then he the said I. S. his Executors and Assignes shall pay and allow unto him the said T. L. so much moneys and after the rate of 12. pound for every acre and after that rate for a greater or lesser quantity then one acre that shall want of the said quantity and number of 24. acres To enjoy against the Montgaiger And also that he the said T. L. his c. shall and may quietly and peaceably have hold possesse and enjoy all and every the said lands and premisses with their appurtenances without the let suit trouble disturbance molestation interruption or eviction of him the said I. S. his Heirs Executors and Assigns and of all and every other person and persons whatsoever lawfully claiming by from or under him the said I. S. his estate or title and absolutely freed and discharged from all fines issues amerciaments forfeitures and all and all manner of charges and incumbrances whatsoever made done or suffered by him the said I. S. or by his act means neglect or procurement the foresaid recited Indenture of lease made to the said G. E. only excepted c. A Lease for three lives of a Messuage and Lands unto those that sold the same it being so agreed upon sale thereof Well pend THis Indenture made c. between I. B. of c. on the one part and I. L. of c. and E. his wife and I. L. his Sonne on the other part Whereas the said I. L. and E. his wife by their Indenture of bargain and sale dated the second day of October last past Recital of the Lessees sale with agreement that the Lessor should make a Lease for the Consideration therein expressed and by other assurance in Law have fold and conveyed unto the said I. B. his heirs and assignes for ever all that Messuage or Tenement with the appurtenances wherein the said I. L. then did and now doth inhabit scituate and being in L. M. aforesaid and all those the Lands hereafter particularly mentioned and expressed as by the said recited Indenture of bargain and sale amongst other things therein contained it doth and may appear And whereas it was agreed between the said I. B. and the said I. L. at the time of the executing the said Conveyance as in part of the bargain for the said Messuage and Lands that the said I. B. should make a Lease of the said Messuages and Lands unto the said I. L. E. his wife and the said I. his Sonne for their lives successively at the yearly Rent of 4. pound per annum The Consideration Now this Indenture witnesseth That the said I. B. being about the age of 28. years as well in performance of the said Agreement on his part made aforesaid and of the yearly rent hereby reserved and for other good causes and Considerations him moving Hath demised set and to farm-letten and by these presents doth demise The Demise set and to farm-let unto the said I. L. E. his wife and the said I. all that the foresaid Messuage or Tenement with the appurtenances wherein the said I. L. doth now inhabit and dwell scituate and being in L. M. aforesaid and all those the Lands hereafter particularly mentioned viz. one half acre of Land c. mentioning the particulars c. Together with all Houses Edifices Buildings Barns Stables Yards Back-sides Orchards Gardens Commons Commodities Wayes Easments Emoluments Hereditaments and Appurtenances whatsoever to the said Messuage or Tenement and Premisses or any of them belonging or in any wise appertaining and now used therewith except all woods timber and trees growing or to be growing on the premisses or any of them And also except all those four Cottages or Tenements heretofore built on part of the Orchard belonging to the said Messuage or Tenement hereby demised now being in the several tenures or occupations of R. E. T. F. W. R. and L. D. their Assignee or Assignees To have and to hold the said Messuage or Tenement and all other the premisses with their aptenances The Habendum except before excepted unto the said I. L. E. his wife and I. L. for and during the term of their natural lives and the life of the longer liver of them successively one after another as they are herein named Yielding and paying therefore yearly and every year during the said term hereby demised unto the said I. B. his heirs and assignes the yearly Rent or summe of 4. pound of currant money of England The Reddendum at two Feasts or terms in the year most usual viz. the Feast of c. to be paid at c. the first payment thereof at the Feast of the Annunciation of c. next ensuing And if it happen the said yearly Rent The Distresse or any part thereof to be behind and unpaid by the space of eight days next after any or either of the said Feasts or days of payment whereon the same ought to be paid as aforesaid That then it shall and may be lawful to and for the said I. B. his heirs and assigns and every of them to enter into and upon the said Messuage and Premisses and every or any of them and to distrain for the same and the distresse and distresses there had and taken to lead drive take and carry away and the same with him and them to detain and keep untill the said yearly Rent and the arrerages thereof if any happen to be unto the said I. B. his heirs assigns shall be contented and paid Covenant to repair And the said I. L. E. his wife and
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 Tythes 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 Beoley and also of the Rectories of T. alias T. and B. alias B. with the appurtenances and all and all manner of tythes 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 1. 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 corn and 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 Highnesse said Court of Common Pleas at W. to which Relation being had more fully and at large appeareth Now this Indenture witnesseth The intent of the parties That the true intent and meaning of the said T. Lord W. and of the said Recoverors 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 Acknowledgement and levying of the said Fine for touching and concerning the said Mannors Lordships Lands Tenements Hereditaments and premisses whereof the said Recovery and Fine were severally and respectively suffered levyed 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 levyed 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 and Limitations hereafter in these presents expressed limited and declared and that the said Recoverors and either of them and all the parties to the same Recovery and the parties takers thereby and their heirs and all other person and persons and his and their heirs who then were and now are or hereafter shall be seized of the said Mannors Lands Tenements Hereditaments and premisses with their Appurtenances comprized in the said Recovery should and shall stand and be seized of the same Mannors Lands Tenements Hereditaments and premisses comprized in the said Recovery and every parcel thereof with the appurtenances to the same uses purposes and intents hereafter expressed And that the said Cognizees of the said Fine and either of them and all the parties to the same Fine and the takers thereby and the heirs of them and every of them and all and every other person and persons and his and their heirs who at the time of the levying of the said Fine then were or now are or hereafter shall be seized of the foresaid Mannors Lands Tenements and Hereditaments and premisses with the Appurtenances Comprized in the said Fine and every of them should and shall stand and be seized of the same Mannors Lands Tenements Hereditaments and premisses Comprized in the said Fine and every parcel thereof with the appurtenances to the uses purposes and intents hereafter in these presents expressed and declared that is to say for touching and concerning all that the foresaid Capital Messuage or House called H. house scituate and being within the said Mannor of T. in the said Counties of W. and W. with the Orchards Gardens Barns Stables Hop-yards thereunto belonging And also as for touching and concerning the said several lands tenements and hereditaments next hereafter mentioned and in the said several Recoveries comprized that is to say two Meadows called H. Meadows containing by estimation 60. acres more or lesse one pasture called C. containing by estimation 40. acres one wood called B. containing 16. acres c. parcel of the said Mannors Lands Tenements Hereditaments and premisses in the said Counties of W. and W. To the only use and behoof of the said T. Lord W. and his Assigns The Uses for and during the term of his natural life without Impeachment of or for any wast and with full power to commit waste and from and after the Decease of the said T. Lord W. then to the use and behoof of the Lady K. now Wife of the said T. Lord W. for and during the Term of her natural life for her Joynture and in liew and full recompence of her Dower out of all the Mannors Lands Tenements and Hereditaments whereof the said T. Lord W. now is or hereafter shall be seized And for and touching all the residue of all the said Mannors Lands Tenements Hereditaments and premisses with their appurtenances in the said Counties of W. and W. And for touching and concerning all the said Mannors Lands Tenements Hereditaments and Premisses in the said County of G. To the only use and behoof of the said T. Lord W. and his Assignes for and during the term of his natural life without Impeachment of or for any manner of wast And for touching and concerning the immediate Remainder of the said Capital Messuage called H. house and of all the said lands
Tenements Hereditaments and premisses by force or under the said Recovery and Fine or either of them and his and their 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 Judgement and Judgements 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 Granted Condescended agreed To make void the said uses 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 or 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 then such lease or leases estate or estates or charges which he the said Lord W. hath or shall make lay 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 new Uses so oft as he shall think good by any other his Writing by him to be sealed acknowledged and inrolled or sealed and subscribed as is aforesaid to limit create appoint and declare of for and concerning the said Mannors Lands Tenements Hereditaments and premisses or any of them any new or any other use or uses to the same or any other person or persons whatsoever And that then and after such new limitation the said Recovery and Fine respectively shall be and enure and the said Recoverors and parties takers by the said Recovery and the said Cognizees of the said Fine and the parties takers thereby and their heirs and all and every person and persons who then shall be and stand seized of and in the premisses or any part thereof whereof such new use shall be declared created raised limited or appointed and his and their heirs shall respectively stand and be seized of the same premisses or such part thereof whereof such new use or uses shall be declared limited or appointed to such use and uses of such person and persons to whom such other or new estate or estates use or uses shall be so newly declared created raised limited or appointed and of and for such estate and estates and in such manner and form and by and under such Limitations Conditions and Provisoes as shall be so newly appointed expressed or declared and for want of such declaration or new limitation so to be made after any such Revocation Then the said Recovery and Fine touching such of the premisses whereof no such Declaration Limitation or Appointment of use shall be made shall be and enure to the only use and behoof of the said T. Lord W. his Heirs and Assigns for ever any matter or thing whatsoever herein before contained to the contrary thereof notwithstanding But it is No new Declaration to hinder any estate granted before Revocation and alwayes was the intent of all the parties to these presents that no Revocation or new Limitation should or shall any way frustrate or make void any lease estate rent or charge made granted or charged or to be made granted or charged of or upon the premisses or any parcel thereof for valuable Considerations of money borrowed or received by the said Lord W. by vertue or force of any former Proviso in these presents expressed but that the same and every of them shall stand good according to the purport and meaning of them and every of them notwithstanding any such Revocation or new Limitation futurely to be made In witnesse c. A Covenant to settle Lands for natural affection THis Indenture made c. between R. D. of c. on the one part and T. D. and E. S. of c. on the other part Witnesseth that the said R. D. as well for the natural love and affection which he beareth towards W. D. Gentleman Sonne and Heir apparent of the said R. D. and to the intent that the Marshes Lands Tenements and Hereditaments hereafter mentioned might be and remain to the uses intents and purposes hereafter in these presents expressed and declared and for divers other c. for himself his heirs and assignes doth Covenant and grant to and with the said T. D. and E. S. their heirs and Assigns by these presents That he the said R. D. and his
will from time to time and at all times for and during the space of five years next c. at the request and costs of the said R. G. his c. further do make suffer acknowledge and execute all and every such further and other lawful and reasonable Act or thing whatsoever for the further better and more perfect assuring surety and sure making of the said c. unto the said R. G. his c. or to such other person or persons as he the said R. G. shall nominate and appoint and every or any of them for and during the said term hereby demised as also all other the Interest and Term for years which he the said I. S. now hath in the said c. yet to come and unexpired as by him the said R. G. his c. or his their or any of their Councel learned in the Lawes shall be reasonably devised or advised and required And the said I. S. for himself c. doth covenant and grant to and with the said R. G. c. That he the said I. S. his c. or some of them shall and will within six months now next ensuing the date hereof deliver or cause to be delivered unto the said R. G. or his Assigns or some of them all the Original Leases of the Premisses herein before recited or mentioned as also all and singular the several mean Assignments made of the premisses from time to time and also all such Deeds Evidences Court-rolls Writings Escripts and Miniments whatsoever concerning the premisses or any part or parcel thereof which now be in the possession custody or keeping of the said I. S. or of E. S. or of any other person or persons whatsoever by their or either of their delivery privity or appointment or which he the said I. S. may obtain or come by whole uncancelled safe undefaced and in as good plight as the same or any of them now are and also true Copies of all such other Deeds Evidences and Writings as the said I. S. or E. S. or either of them have or can come by touching the said c. or any part thereof joyntly or together with any other lands the said I. S. his c. or some of them paying and bearing the charge of making and writing and coming by the said Deeds Evidences or Copies or any of them And the said R. G. for him his c. doth covenant promise and grant to and with the said I. S. and I. G. and either of them their and c. That he the said R. G. his c. shall and will during the Term hereby demised bear pay and discharge all and all manner of quit-rents or other Rents and Services whatsoever which shall be due or any wayes payable for or in respect of the said c. or any of them from the day of the date hereof and thereof and of evary part thereof shall and will sufficiently during the term hereby demised acquit and discharge the said I. S. and I. G. their Executors and Assignes and every of them by these presents In witnesse c. An Indenture of settlement Well pend THis Indenture made c. Between the Right Honourable C. Lord S. Barron of H. of the first part W. N. of the Inner Temple London Esq and A. T. of the said Inner Temple London The Parties Esq of the second part And the Right Honourable E. Lord G. Baron of D. in the County of A. within the Realm of Ireland and Dame I. his wife D. L. Daughter of her the said Dame I. G. and I. S. of M. in the C. of Y. Esq of the third part Whereas a Marriage shortly hereafter by the grace of God is intended to be had and solemnized between the said C. L. S. and the said D. L. Witnesseth now this present Indenture that the said C. Lord S. as well for and in Consideration of the said marriage The Consideration and of the full summe of 8000. pound that is to say the summe of 7000. pound of good and lawful money of England in hand paid and the sum of 1000. pound more in Jewels in hand delivered unto him the said L. S. by the said E. Lord G. and Dame I. his Wife at and before the ensealing and delivery of these presents whereof the summe of 2000. Marks in moneys and the said 1000. pound in Jewels were and was a portion given and left unto her the said D. by the last Will and Testament of Sir I. L. her Father deceased and the residue of the said 8000. pound was and hath been encreased for her by the providence care and great love of the said Dame I. G. her Mother since her said Fathers decease of and with which said summes of 7000. pound in money and 1000. pound in Jewels he the said C. Lord S. doth hereby acknowledge the receipt and himself to be fully satisfied And thereof and of every part and parcel thereof doth for himself his Heirs Executors and Administrators and for every of them fully absolutely and clearly acquit exonerate and discharge the said E. Lord G. and dame I. his Wife their heirs Executors and Administrators and every of them for ever by these presents And for and in consideration of a competent Joynture to be had and made unto the said D. in case the said Marriage shall take effect and that she the said D. shall survive and overlive him the said Lord S. and for the better preservation and continuance of all and every the Mannors Lordships Messuages Lands Tenements and Hereditaments hereafter mentioned in the name and blood of the said Lord S. so long as shall please Almighty God also for divers and sundry other good and valuable Considerations him the said Lord S. hereunto especially moving Hath covenanted promised granted and agreed and by these presents doth for himself his heirs executors administrators and assignes and for every of them covenant promise grant and agree to and with the said E. Lord G. and I. S. their heirs and assignes A Covenant to levy a Fine and to and with every of them that he the said C. Lord S. shall and will before the end of Michaelmas Term next ensuing the date of these presents before the Justices of our Soveraign L. the King of his Majesties Court of Common-pleas at Westminster or before some other competent and fit person or persons thereunto lawfully and sufficiently authorized acknowledge and levy one or more Fine or Fines Sur conusance de droit come ceo c. in due form of Law with proclamations thereupon to be made according to the Common course of Fines in that case used and the statute in that behalf made and provided unto them the said W. N. and A. T. and their heirs or the heirs of one of them of all those his Mannors The Mannors Lordships Lands Tenements and Hereditaments called or known by the several names of S c. scituate lying and being in
THE Third Part Of the YOUNG CLERKS GUIDE Or a further COLLECTION Of Choice English Presidents For Indentures of Settlement of exchange of bargains and sales Letters of Attorney Declarations of Trust Assignments Conditions Presentations and sundry others of the newest forme Compiled by Sir R. H. And perused by a judicious Practitioner very useful and necessary for all LONDON Printed for Humphrey Tuckey at the black spread-Eagle in Fleet-street over against St. Dunstans Church 1659. THE TABLE Indentures AN Indenture for revoking a bargain and sale if so much money be paid c. fol. 1 An Indenture of covenants to declare the trusts in a former bargain and sale the lands being to be sold for payment of debts 4 A Lease of a Parsonage impropriate for three lives upon surrender of a former Lease with extraordinary covenants and a Letter of attorney to deliver possession together with the execution indorsed 8 An Indenture to barre an estate taile 33 An Indenture upon marriage for setling lands to uses and a declaration of a fine levied to those uses 44 An Indenture of declaration of the uses of a fine and recovery they being various with extraordinary Covenants 48 A Lease of Ejectment to be void on payment of 1 s with a note thereon 50 An Indenture of Mortgage 54 A Conveyance of a Mannor by a feoffment 58 D. being seized of the Mannor of B. for life with remainder to his first son so to the tenth sells the Mannor-house and halfe the land which to secure settles other lands by the deed following 63 An Indenture or declaration of the use of a fine wherein several parties joyne 68 A Lease taken in trust 76 Another Lease taken in trust 78 An Indenture of covenants declaring a mans name used in trust in an assurance 86 An Indenture of Covenants between Executors 91 A Conveyance of land by three Co-heires and their husbands well pend 96 An Indenture of bargain and sale of lands in consideration of the surrender of other lands 102 A Lease of lands with exception of woods 106 A Lease of a Messuage and lands for three lives to those that sold the same it being agreed on before sale well pend 115 An Indenture reciting a bargain and sale of the moity of a Mannor in trust for another the same is hereby reconveyed to the person trusting 121 A declaration of a fine and recovery to variety of uses well pend 125 An Indenture to settle land for natural affection 137 An Indenture of settlement well pend 147 A Grant of lands in fee in consideration of money and further consideration of exchange of other lands 165 A short bargain and sale to be inrolled 173 An Indenture to stand seized to uses in consideration of marriage 189 A grant of the moity of an annuity during life 195 A short Lease of a Messuage and land to be void on tender of a shilling 213 A Lease of a Ferry 220 An Indenture of lands in exchange 222 A bargain and sale of lands mortgaged made from the mortgagor and mortgagee before forfeiture to a third person 228 A Defeazance on a Recognizance 163 A Lease of a side of a Shop and other conveniencies with a grant of goods and wares according to a Schedule annexed 22 Covenants A Covenant to give security to performe Covenants 36 A Confirmation of a former mortgage by the son of him that made it 41 A Covenant to deliver evidences by such a time 124 Conditions A Condition for sealing an acquittance or release of lands by a day 70 A Condition for curing a disease or to pay money back 307 A Condition not to sell lands had in marriage 307 A Condition to assure a sum of money in liew of a joynture 308 A Condition to make a good assurance of lands 309 A Condition that a Lessee shall not carry away the wainscot or cubbards c. 310 A Condition that one shall pay for such wares as were delivered to another 310 A Condition to deliver writngs by a day 311 A Condition to save one harmlesse for delivery of writings 311 A Condition to save a surety harmlesse from a recognizance 90 A Condition of a Counterbond 139 A Condition to save harmlesse where one atturns tenant with covenant to grant a lease when the premisses are setled in the obligee 157 A Counter-condition to save harmlesse from a bond entred into for payment of money 158 A Condition to save harmlesse an executor for payment of several legacies to Orphans with a covenant to see the same disposed to the best advantage 160 A Condition to pay rent reserved in a lease according to the Covenants 161 A Condition from a Bayliff and his sureties to a High Sheriff 206 A Condition to save harmlesse for payment of several legacies 209 A Counter condition to save harmlesse from a bond well pend 211 Indorsments An Indorsment of livery and seisin on the Indenture by vertue of a letter of atturney with a note thereon 72 An Indorsment of atturnment of tenant 86 Another Indorsment of atturnment of tenant 89 Words to be used upon delivery of possession 96 Letters of Atturney A Letter of atturney to seal a lease on the ground 53 A Letter of atturney to two to receive possession 72 A Letter of atturney irrevocable of a debt on a bond with covenant not to release 312 A Letter of atturney from two Executors of a bond sued to a judgement to a creditor of the Testators 314 A Letter of atturney of a mans estate in general in consideration of several debts and engagements 315 A Letter of atturney of several sums of money due from one 316 A Letter of atturney to demand a rent according to a Lease 83 A Letter of atturney to re-enter on not payment of the rent 85 A Letter of atturney to take possession according to the contents of a lease 212 Licences A Licence to let lands though prohibited by lease 71 A Licence for a Buck and Doe yearly 306 A bargain and sale upon condition made to feoffees in trust with indorsment of atturnment and also that possession was given 237 An Indenture of bargain and sale absolute 249 An Indenture of Covenants to the former Indenture whereupon a recovery passed 252 A bargain and sale of underwood 265 A sale of Billets wood and timber 266 An Indenture of allotment of several mannors and parcels of land between six co-heires 286 An Indenture to avoid the title of survivorship 292 Another deed of covenants to avoid survivorship 294 An Indenture of partition 296 An Indenture where a Lease is granted to three Lessees that every one is to pay his part of the rent and equal part of charge for repairing c. 299 Provisoes A Proviso to be inserted in a deed or power of revocation by way of Proviso 7 Presentations A Presentation of a Minister to a living 7 A grant of the next presentation to a benefice 320 A Presentation by one who had a grant thereof 26
A Presentation of a Minister to a living of the newest forme 26 Releases A Release of money that was left in the hands of a purchaser on payment thereof by Indenture 5 A Release made to an Executor 71 An acquittance for money paid in part of purchase money 88 A Release of interest in land 89 A Release of a Proviso or Condition for payment of money reserved on an Indenture of bargain and sale 270 A Release where three have a joynt estate of inheritance 272 A Release of an assignment made upon condition 273 A Release of a Mannor 275 A Release of rent reserved in a paire of articles 277 A release of a condition in an Indenture with the condition recited 279 A Release of an annuity 281 A Release of a condition and other covenants in a deed of mortgage with a confirmation from the Mortgager to the mortgagee 281 A Lease for a year 13 A Release and confirmation of the precedent lands 14 A Release from an executor to two creditors of the testator of all debts 19 A Release with an exception of some bonds c. 19 A Release from two partners to two debtors 20 Obligations AN Obligation and condition from a Bayliff and his sureties to a High Sheriff 204 Deeds and Declarations of trust ER. having bought the Mannor of D. and copy-hold-lands belonging to it takes a surrender of the copy-hold-lands in others names who by deed after recital of what estate they had make this acknowledgement 74 A Declaration of trust with a declaration of uses by the Truster 81 A disavowment of a suit 90 A warrant for keeping of Courts 91 A Declaration that a mans name is used in trust in a conveyance of land 164 An award made between foure Executors 214 oAnther forme of an award 218 A bargain and sale of swans and swan marks 264 A Deputation of a Bayliff or receiver 303 The Grant of a Stewardship for keeping of Courts 304 A Grant of the Stewardship of a Mannor during pleasure 21 A Deed of feoffment with a letter of atturney to give livery and seisin 27 An agreement of creditors to take their debts by foure several payments and abate all interest 21 A declaration of one whose name is used in trust in an obligation 25 Assignments An assignment of a Lease in trust 73 An assignment of several debts with a Letter of atturney to receive them 318 An assignment of a lease forfeited on a mortgage 111 An assignment of several leases of divers messuages and lands with several recitals and good covenants well pend 140 An assignment of a bond by way of colateral security 193 Bills A Bill to pay money within some short time 70 A short Bill of debt 318 Articles Articles for holding copy-hold-copy-hold-lands from year to year 199 Articles of agreement for surrendring copy-hold-copy-hold-lands till the surrender can be had 189 Articles of agreement concerning lands purchased untill the assurances can be made 170 Articles of agreement for building 174 Articles of agreement betwixt two purchasers for dividing the rent and avoiding survivorship 179 A deed for the revoking of a bargain and sale if so much money be paid THis Indenture made c. between Sir I. S. of c. of the one part and I. C. c. of the other part whereas the said I. C. by his deed indented under his hand and seal bearing date c. for the consideration therein mentioned did alien bargain sell enfeoffe and confirm unto the said Sr. I. S. and his heirs All that the Mannor and Lordship of G. in the County of c. with all the rights members and appurtenances thereunto belonging together with all such other things as in the said deed are expressed and contained as thereby doth and may more fully appear Now witnesseth this present Indenture and the said Sir I. S. for himself his Executors Administrators and Assigns and for every of them doth Covenant promise and grant to and with the sald I. C. his Heirs Executors Administrators and Assigns and every of them by these presents that if the said I. C. his Heirs Executors c. shall pay c. unto the said Sir I. S. c. the summe of c. that then the said deed of bargain and sale shall be void frustrate and of none effect or force in the law to all intents and purposes And that then also the said Sir I. S. his Executors c. immediately after the payment of the said sum of 2392 l to the said 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 bargain and sale and the counterpart of this Indenture and one Recognizance in the nature of a statute staple of the sum of 4000 l wherein the said I. C standeth bounden unto the said Sir I. S. and all such deeds evidences and writings concerning the said mannours and premisses which the said Sir I. S. or any other to his use or by his appointment 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 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 then 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 In●●●●ure 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 mannours 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 untill default be made of payment of the said sum of 2392 l before mentioned or of any part thereof at the day and place
before mentioned limitted and appointed for the payment thereof and during such time and untill such default be made he the said I. C. for him his Heirs Executors Administrators and Assigns doth covenant grant and agree to and with the said Sir I. S. his Heirs Executors Administrators and Assigns that he the said I. C. his Heirs Executors Administrators or Assigns will not do commit or willingly suffer any manner of wast spoil or destruction of and in the premisses or any part thereof otherwise then for the necessary repair building or re-edifying of any messuage house or building upon any the messuages houses or edifices before specified And the said I. C. c. covenanteth c. that if he the said I. C. his Heirs c. do not well and truly pay unto the said Sir I. S. his Heirs c. the said sum of 2392 l before mentioned to be paid at the day and place of payment aforesaid according to the true intent and meaning of these presents that then he the said I. C. his Heirs and Assigns shall and will within twenty daies next after default of payment of the said sum of two thousand three hundred ninety two pound before mentioned to be paid deliver or cause to be delivered up unto the said Sir J. S. his heirs and assigns the full quiet and peaceable possession of the said Mannor or Lordship of S. and premisses with the appurtenances to the use and behoof of the said Sir J. S. and of his heires and assignes for ever A Deed of Covenants to declare the trusts in a former Bargain and Sale the Lands being to be sold for payment of Debts THis Indenture made c. Between c. wheras the said J. C. by his Indenture bearing date with these presents made between him the said J. C. of the one part and the said A. B. C. D E. F. and G. H. of the other part for the consideration therein mentioned hath granted bargained and sold unto the said A. B. C. D. E. F. and G. H. their heirs and assigns for ever All that Capital Messuage or Tenement c. as in the other book to the end of the Habend As in and by the said Indenture of bargain and sale more at large appeareth Now this Indenture witnesseth and it is hereby agreed and declared by and between all the parties to these presents that the said grant bargain and sale was and is made and the said A. B. C. D. E. F. and G. H. and their heirs are and shall stand trusted with the premisses to the intent and purpose and upon trust and confidence that the said land and premises may be sold to the best value that may be and the money which shall be raised thereby to be disposed of for and towards the payment and satisfaction of such debts of the said I. C. as are mentioned in the schedules hereunto annexed in such order as they are therin set down And lastly It is agreed by and between all the parties to these presents and by them declared to be their true intent and meaning That if in case there be any overplus remaining of the money which shall be raised by sale of the said lands and premisses after such time as the debts mentioned in the said schedule be paid and discharged That then such overplus shall be imployed and disposed of for and towards the satisfaction of such other debts as the said J. C. shall by any writing to be by him signed and sealed in the presence of two or more witnesses declare and appoint and no otherwise A Release for money that was left in the hands of a purchaser on paymint thereof THis Indenture made c. Between R. L. of S. in the County of C. Gent. and J. C. of the Inner Temple L. Esq of the one part and T. G. Esq of the City of L. of the other part Wheras Upon a purchase lately made by the said T. G. of and from the said R. L. J. C. and S. his wife daughter of the said R. L. of certain lands in C. in the County of O. the sum of 628. l part of the purchase money payable by the said T. G. to the said R. L. was by agreement between them to remain in the hands of the said T. G. for such time and upon such conditions and to such intents and purposes as F. H. of and in the County of D. should set down and appoint which sum of 628 l was intended to remain as a security for the said T. G. against all incumbrances whereby the said lands are or may be charged and for saving him harmless from all damages whatsoever which may or might at any time hereafter happen to fall upon the said T. G. his Heirs or Assigns or upon any of the said lands and premisses or any other the lands of the said T. G. for or by reason of any the debts of the said I. C. and W. C. his deceased father or either of them and whereas the said T. G. at the time of the ensealing of these presents at the request of the said R. L. hath paid the said sum of 628 l to the said I. C. and R. L. or one of them or to such as were appointed by them or one of them to receive the same Now that the said R. L. and I. C. have received the said sum of 628 l of and from the said T.G. the receipt whereof they do hereby acknowledge and that the same is the last payment and in full satisfaction of and for all the Lands Tenements and Hereditaments which the said I. C. had in the County of O. and which the said T. G. purchased and thereof and of every part and parcel thereof they do clearly and absolutely acquit and discharge the said T. G. his Heirs Executors and Administrators for ever by these presents And in consideration of the premisses the said R. L. and I. C. do for themselves jointly and either of them for himself severally doth covenant promise and grant to and with the said T. G. his Heirs Executors and Assigns that they the said R. L. and I. C. shall and will from time to time and at all times hereafter save defend and keep harmless the said T. G. his Heirs Executors and Assigns and also all the said lands and premisses in C. aforesaid or elsewhere in the said County of O. so purchased by him the said T. G. and all other his Lands Tenements Goods and Chattels of and from al loss and damage whatsoever which shall happen arise or befall for or in respect of any the debts of the said W. C. and I. C. or of either of them In witness c. A proviso to be inserted in a lease or a power of Revocation reserved PRovided always that if the said c. his Executor Administrators or any of them shall at any time hereafter pay or tender unto the said W. W. his Executors c. or to any other
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 according 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 forasmuch as the said vicaridge or parish Church is lately by the death of E. F. the late imcumbent 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 severall 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 seal 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 and 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 W. S. for divers good causes and considerations him hereunto moving especially in consideration of a surrender made to the said W. G. of a lease now in being for three lives bearing date the 28. of March in the 6th 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 other things hereafter in these presents mentioned hath demised granted and to farm-let 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 arrable Lands Meadows Leasows and Pastures Demesnes as well in severall as in Common to the said Parsonage belonging and all the Rents of all the Tenants of the said W. S. as well freeholders as Customary Tenants and all the Tithings of Corn and ●ay 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 Assigns 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 Leasow ' Pastures Tiths and other the premisses with all 's and singular the commodities and profits thereo 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 laid W. P. and for and during the natural life of the longer liver of them or any of them yielding and paying therfore yearly during the said Term unto the said W. S. his Heirs and Assigns four pounds of good and 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 annunciation of the blessed Lady Saint Mary the Virgin the Nativity of Saint John the Baptist and St. Michael the Archangel 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 limitted for payment thereof during the said Term by the space of one moneth that then it shall be lawful to for the said W. S. his Heirs and Assigns into the said scite and all other the premisses to enter and distrein and the distresses there taken to lead drive and carry away and to detain 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 limitted 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 wast 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 lawful to and for the said W. S. his Heirs and Assigns into the said Scite Lands Meadows Leasows Pastures Rents Tithings 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 expel 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-daies 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 find to the Suitors of the Court of Bray such dinners or repasts as I. P. and other Farmors 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
part thereof and also all the estate right title interest claime and demand whatsoever of the said S W of in and to the same and every part thereof to have and to hold the said lands tenements hereditaments and premisses with the appurtenances unto the said S M and C D their heirs and assigns for ever to the only use and behoof of them the said S M and C D their heirs and assigns for ever and the said S W doth by these presents make constitute ordain authorize and appoint F L of c. in the said County of c. and G M of c. in the said County of c. their true and lawful atturneys for them in their names and stead joyntly or severally to enter into the said lands tenements premisses or into some part thereof in the name of the whole and possession thereof for them and their names and stead to take and after such possession so thereof had and taken for them and in their names and stead to deliver full and peaceable possession and seisin of the said lands tenements and premisses with the appurtenances or of some part thereof in the name of the whole to the said S M and C D or one of them or to their lawful atturney according to the forme of these presents ratifying and confirming and allowing all and whatsoever their said atturneys or either of them shall do in the premises by vertue of these presents In witnesse whereof the said S W to these presents his hand and seal hath set the c. day of c. in the year c. An Indenture to bar an estate-Tail THis Indenture made the seventh day of October in the eleventh year of the Reign of our Sovereign Lord Charles by the grace of God of England Scotland France and Ireland King defendor of the Faith c. Between T. B. of W. in the County of B. Yeoman on the one part and T. M. of H. in the said County Yeoman and H. H. of H. aforesaid in the said County Yeoman on the other part Whereas T. B. deceased Recital of a Will Grand-father of the said T. B. party to these presents by his last Will and Testament in writing amongst other things therein contained did give and devise unto J. B. also deceased Father of the said T. B. party to these presents and to the Heirs male of his body with remainders over all that his Messuage or Tenement with the appurtenances situate and being in W. in the said County of B. and all that his Close adjoyning to the said Messuage or Tenement and all that acre of Meadow-ground called the long Hale lying in W. Meade and three yards of Meadow called the Elboes in the said Parish of W. and half his arrable Land Leyes and Meadow-ground lying and being in the Parish and Fields of W. aforesaid and R. or one of them with their and every of their appurtenances in the said County of B. as by the said last will it doth and may appear and which premisses do contain a Messuage with the appurtenances and one Yard-land by estimation be it more or lesse And whereas the said T. B. the Grandfather shortly after making the said Will dyed the said J. B. his son him surviving after which time the said J. B. having issue the said T. B. party to these presents his eldest Son and Heire male and the said J. B. being since also dead by and after whose decease the said T. B. party to these presents now is in actual possession of the said Messuage or Tenement Closes Lands Meadows and Premisses with the Remainders over as aforesaid Now this Indenture witnesseth That the said T. B. party to these presents To cut off the estate-tail intending as well to cut off the said estate-tail and to barre the Remainders thereon depending and to settle the said Messuage or Tenement Close Lands Meadows and Premisses to him the said T. B. party to these presents and his heirs as also to barre all pretences of right that futurely may or can be made unto all and every or any the said Messuage Lands Meadows and premisses so given to the said J. B. his Father and since come unto him the said T. B. party to these presents for that purpose Doth hereby Covenant and Grant for himself Covenant to levy a Fine his Heirs Executors and Administrators and for every of them to and with the said T. M. his Heirs and Assigns by these presents That he the said T. B. shall and will on and before the Feast of St. Andrew the Apostle now next ensuing the date hereof in due form of Law acknowledge and levy one or more Fine or Fines Sur cognizance de droit come ceo c. before his Highnesse Justices of his Highnesse Court of Common-pleas at Westminster unto the said T. M. of and for the said Messuage or Tenement Close and all and every the said Meadows Lands and premisses by the name or names of one Messuage one Garden one Orchard forty acres of Land six acres of Meadow six acres of pasture and Common of pasture for all Cattel with the appurtenances in W. and R. or one of them in the said County of B. or by such other name or names quantity or number of acres as to the said T. M. or his Councel learned shall seem meet and expedient To the intent that he the said T. M. shall by force thereof stand and be seized of the Messuage or Tenement Close Lands Meadows and premisses untill a good and perfect common recovery with a double Voucher over may be duly had and executed of and for the said Messuage or Tenement Lands To suffer a Recovery Meadows and premisses according to the course of common recoveries for assurance of Lands and Tenements in such cases used And it is hereby fully declared and agreed by and between all the parties to these presents That after the said Fine or Fines so to be levyed of the said Messuage Lands and premisses as aforesaid he the said T. M. shall and will permit and suffer him the said H. H. to bring and pursue against him the said T. M. one or more Writ or Writs of Entry sur Disseisin in le post returnable before his Highnesse Justices of his Highnesse said Court of Common-pleas at Westminster by which he the said H. H. shall demand against him the said T. M. all and every the said Messuage Lands Meadows and premisses by the name or names of one Messuage one Garden one Orchard forty acres of Land six acres of Meadow six acres of pasture and common of pasture for all Cattel with the appurtenances in W. and R. or one of them in the said County of B. or by whatsoever other name or names quantity or number of acres as to the said H. H. shall seem meet To which Writ or Writs the said T. M. shall appear Gratis and shall enter into the Warranty and
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 expressed and agreed by and between all the parties to these presents The declaration of the use 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 levyed or to be suffered levyed 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 heires and assignes for ever And to none other use intent or purpose whatsoever In witnesse whereof the parties abovesaid c. A Covenant to give security to perform Covenants ANd lastly that the said I. S. his Executors and Assignes shall within one year next following after the beginning of the Term hereby granted put in good Security to the said T. S. his Heirs or Assigns by Obligation or otherwise for the payment of the rent and performance of the Covenants hereby to be by him the said I. S. his Executors or Assigns paid or performed In witnesse whereof c. A re-demise of Lands Mortgaged THis Indenture made c. Between T. L. of c. on the one part and I. M. of c. and G. M. of c. on the other part Whereas the said I. M. and G. M. by their Indenture of Lease bearing date Recital of the Mortgage 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 Back-sides Orchards Gardens Lands Tenements Meadows Leasows Pastures Feedings Wayes Wasts Wast-grounds Commons Commodities Moores Marshes Woods Wood-grounds Under-woods 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 frank-pledge and profits of Courts and all that to Courts and Leets belongeth Chattels wayfes estrayes goods and chattels of Fellons 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 and 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 then to fore 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 have 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 terme of 99. yeares 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 recited 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 I. M. and G. M. their Executors and Assigns the said Mannor 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 I. M. and G. M. their Executors and Assigns for the Term of 98. and 10. months next ensuing the date hereof 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 c. if it be demanded Proviso to pay money Provided alwaies and upon Condition that if the said I. 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 summe 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 summes or either of 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 and purposes this Indenture or any thing herein 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 And the said I. M. and G. M. for themselves Covenant to re-deliver possession upon failing of payment 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. L. his Executors and Assigns and to and with every of them c. that in case the said I. M. and G. M. their Executors Administrators and Assigns shall fail to pay the said several summes 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 Heires and Assigns and every and either of them shall and will within c. next after default of payment of the said summes 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 and Appurtenances And to make further assurance And also that they 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 7. 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 or 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 summes 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 That then he the said T. L. his Executors and Assigns Covenant upon payment to assign over all the Lessors interest from and after full payment of the several summes of money in form aforesaid shall and will at the request of the said I. M. and G. M. their Heirs or 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 summes 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 summe of 50. l of currant money of E. 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 Executor 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 Easments to the same 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 balks 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 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 Tenement Houses Closes arrable 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 waste by and under the yearly Rent of 1. l at the Feast of c. only if it were lawfully demanded Neverthelesse with Proviso in the said recited Indenture contained and hereafter following 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 summe 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 deceipt That then at all times thenceforth from and after full payment made of the said summe 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 summe 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 witnesse that the said R. F. being Son and Heir of the said W. F. deceased for and in consideration of the summe 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 foresaid 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 all and every the 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 assure unto the said T. F. his Executors Administrators and Assigns the foresaid 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 foresaid 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 et ab Incumbram et ulterior Assurand In witnesse whereof c. An Indenture upon Marriage and for settling Lands to uses and a Declaration of a Fine levyed to those uses THis Indenture made c. Between I. S. Esq second sonne 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 in the County of W. are now seized for term of their lives Recital of being seized and of the life of the longer liver of them of and in all that the Mannor of C. 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 diverse Messuages Lands Tenements Rents Woods Wood-grounds and Hereditaments to the said Mannor and premises belonging or appertaining without Impeachment of waste the Reversion or Remainder thereof to the said I. S. and the Heirs of the body of the said I. 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 heires of the said C. for ever Recital of the Marriage And whereas there is a Marriage by Gods grace intended shortly to be had and solemnized between E. Lord H. sonne 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 I. S. for settling of the inheritance of the said M. and premises to the uses hereafter expressed and declared have this present time of the holy Trinity in the year abovesaid acknowledged and levied one Fine in due forme of Law before his Highnesse 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 dated 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 his 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 Heires 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 and it is hereby covenanted Intention of Parties concluded declared and agreed by and between all the parties to these presents and the true intent and meaning of the said I. 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 same 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 heires shall stand and be seized of the said Mannor of C. with the rights members and appurtenances thereof The uses To the uses intents and purposes hereafter expressed limited and declared that is to say 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 waste 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 Heire 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 heires 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 male then to the use of the heires 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 heires of the said C. and to none other use intent or purpose Provided alwayes Proviso 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
the costs and charges of the said I. R. his heirs or assignes They the said I. F. and E. F. for them their heirs Executors and Administrators do covenant promise and grant by these presents to and with the said I. R. his Heirs Executors and Administrators well and truly to deliver or cause to be delivered unto the said I. R. his heirs or assigns at the now dwelling house of the said I. R. scituate c. with in three years next ensuing the date of these presents whole safe uncancelled and undefaced To have and to hold the said Messuage or Inn called the New-Inn and all other the premisses with all and singular their appurtenances before by these presents bargained and sold or mentioned or intended to be hereby bargained and sold and every part and parcel thereof unto the said I. R. his heirs and assignes for ever to the only proper use and behoof of the said I. R. his heirs and assignes for ever And the said I. F. and E. F. for them their heirs Executors and Administrators and for every of them do covenant and grant by these presents to and with the said I. R. his heirs executors and administrators and every of them in form ensuing That is to say That they the said I. F. and E. F. or one of them for and notwithstanding any act or thing by them or either of them done caused or procured or by them or either of them to be done caused or procured to the contrary thereof now are or is and at the execution of the first estate to be had and made of and in the premisses to the said I. R. and his heirs according to the true intent and meaning of these presents shall then be solely seized and very true and lawful owner or owners of the said Messuage or Inn called the New-Inn and all other the premisses before by these presents bargained and sold or mentioned or intended to be bargained and sold of a good lawful and indiffeazible estate in Fee-simple without any manner of Condition or Limitation of any use or uses and have now and at the execution of the said estate shall then have good right full power and lawful and absolute authority to grant bargain sell c. Cum Covenant pro exonerat ab Incumbr et fruitione And that he the said I. F and his heirs and all and every other person and 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 I. 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 I. R. his heirs or assignes 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 I. 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 〈…〉 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 I. R. his heirs 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 assignes or any of them or by his their or any of their Councel 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 or 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 summe of c. of c. in form ensuing c. without fraud or guile That then this present bargain and sale 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 it's 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 summe of Grant of the Mannor c. Have granted aliened bargained sold infeoffed and confirmed and by these presents do joyntly and severally Grant Alien Bargain sell infeoffe 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 Backsides Orchards Gardens Lands Tenements Meadows Pastures Feedings Woods Under-woods Wood-grounds with the soil and ground of the same Timber and Trees Waters Water-courses Ponds Pooles Liberties Fishings Courts Leets Views of Frank-pledge Perquisites and Profits of Courts and Leets Wayfes Estrayes Harriots Fellons 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 Wasts Wast-grounds Wayes Easments Passages Profits Commons Commodities Jurisdictions Emoluments Milles 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 Presentation and right of Patronage of the Rectory Church and Chantrey of R. aforesaid And all Tythes Of an Advowson Oblations and Obventions whatsoever belonging to the said Rectory
Church or Chantreys of R. aforesaid And all that Messuage Tenement or Farm Of a Farm scituate and being in R. aforesaid now or late in the Tenure or Occupation of W. C. or his Assignes 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 Backsides Orchards Gardens Lands Tenements Meadows Pastures Wayes Easments Passages Profits Commons Commodities Woods Wood-grounds Timber and Trees Waters Water-courses Emoluments Herditaments and Appurtenances whatsoever to the said Messuage 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 Meadows Pastures Feedings Woods Wood-grounds Rents Reversions Services and Hereditaments whatsoever of them the said R. H. M. and I. 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 or in any wise appertaining Of Writings with a Covenant to deliver them by such a time 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 suit 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 copyed and written out at the costs and charges of the said Sir R. D. his heirs and assigns All which said Writings and Evidences the said R. H. doth hereby covenant for him his heirs and assigns to and with the said Sir R. D. his heirs and assignes to deliver unto him the said Sir R. D. his heirs or assignes at or before the Feast of St. J. the Apostle next ensuing the date hereof safe whole uncancelled and undefaced To have and to hold the said Mannor or Lordship Advowson Rectory Chantrey Messuages Tenements Farm Lands Meadows Pasture hereditaments and all other the premisses with their and every of their appurtenances unto the said Sir R. D. his heirs and assigns to the only c. And the said R. H. for himself c. doth Covenant c. That he the said R. H. now is and at the time of the first executing of an estate of the said Mannor and premisses Seized in Fee-simple by force of these presents unto the said Sir R. D. shall be lawfully and absolutely seized in his Demeasn as of Fee-simple to him and his heirs of and in the said Mannor Messuages Lands Tenements Advowson Hereditaments and Premisses with their Appurtenances without any manner of Condition or Limitation of any Use or Uses to alter change determine or make void the same and without any Reversion or Remainder thereof or of any part thereof in his Highnesse the Lord Protecter his Heirs or Successors being made or limited by the said R. H. or I. H. his Uncle deceased whose heir the said R. H. now is And that he now hath and then shall have good right full power Power to Alien and lawful and absolute authority to grant bargain sell and convey the said Mannor lands and all other the premisses with the appurtenances unto the said Sir R. D. his heirs and assignes according to the true intent and meaning of these presents notwithstanding any Act had made done or suffered by the said R. H. or the said I. H. his said Uncle or either of them And that the said Mannor Messuages Lands Advowson and all other the premisses with their and every of their appurtenances now are Freed from Incumbrances and so shall and may for ever hereafter remain continue and be unto the said Sir R. D. his heirs and assignes free and freely and clear and clearly acquitted exonerated and discharged of and from all and all manner of former and other Gifts Grants Leases Joyntures Dowers Uses Wills Intails Annuities Statutes-Merchant and of the Staple Recognizances Bonds Judgments Executions Extents Seizures Condemnations Rents Arrerages of Rents Intrusions Forfeitures Mortgages Fines for Alienation without licence Debts of Record Debts to his Highnesse Estates Titles Troubles Charges and Incumbrances whatsoever had made committed done or suffered by him the said R. H. or by his Assent Consent Act means or procurement or by I. H. his said Uncle or either of them One Lease for the term of 20 years to be accounted from the Feast of the Annunciation of our Lady St. Mary the Virgin in the year of our Lord God An Exception of Leases c. of parcel of the premisses made by the said R. H. to one I. D. wherein the yearly Rent of nine pounds is reserved One other Lease for the term of 22. years to be accounted from the Feast of St. M. in the Eighteenth year of the Reign of our late Sovereign Lord King James over England c. of other parcel of the premisses made by the said R. H. to one C. O. and whereupon the yearly Rent of 20. l is reserved One other Lease c. All which said several Rents shall from henceforth be due and payable to the said Sir R. D. his heirs and assigns during the several and respective termes aforesaid And further the said R. H. and I. H. for themselves c. Do Covenant Covenant for quiet enjoying c. with the said Sir R. D c. That he the said Sir R. D. his heirs and assigns and every of them shall and may for ever hereafter quietly and peaceably have hold occupy possesse and enjoy the said M. Farm Advowson lands and premisses with their and every of their appurtenances without the let suit trouble disturbance denial molestation interruption or eviction of them the said R. H. and I. H. or either of them their or either of their heirs or assigns or any of them And without the lawful Let Suit Trouble Denial Molestation Interruption or Eviction of all and every other person and persons whatsoever lawfully claiming by from or under them the said R. H. and I. H. or either of them their or either of their estate right or title or by from or under I. H. deceased Uncle of the said R. H. except before excepted And also that they the said R. H. and I. H. parties
by the said Sir R. D. their father of all that the Mannors of E. and T. in T. with their and either of their Rights Members and appurtenances thereof in the said County of B. and all that the Rectory and Parsonage impropriate of T. aforesaid and of all that third part of the Mannor of C. with the Rights Members and appurtenances thereof in the said County of B. And also to the intent and purpose that if the said I. D. his heirs and assigns shall at any time during the terme hereby demised disturb hinder or molest the said M. D. and R. D. the son or either of them their or either of their heirs or assigns in the quiet holding or enjoying of all or any the Mannors Lands Tenements or Hereditaments to them or in Trust for them severally and respectively limited and appointed by the said Sir R. D. their father as aforesaid or shall crosse or hinder any the limitations or estates made or appointed by the said Sir R. D. to or for the said M. and R. D. as aforesaid whereby or by reason whereof they the said M. D. and R. D. the son or either of them their heirs or assigns shall not or may not quietly hold and enjoy and take the profits of the Mannors Lands Tenements and Hereditaments to or for them or either of them severally and respectively limitted and appointed by their father Sir R. D. as aforesaid That then and immediately from and after such disturbance and hindrance used and done by the said I. D. his heirs or assigns They the said W. D. R. H. and T. S. their c. shall permit and suffer them the said M. D. and R. D. their heirs and assigns severally and respectively to take and receive the Rents Issues and profits of the Mannor of A. and all other the premisses hereby demised for all such time and Termes for years as shall be to come and unexpired at the time of such Disturbance and Hinderance made or done by the said I. D. his c. Provided alwayes that if the said Sir R. D. at any time during his life shall be minded to make void these presents and the estate hereby granted and shall by any writing under his hand and Seal Subscribed in the presence of two Credible persons or more declare such his mind and intention for the making void thereof That then from and after such Declaration in writing made and subscribed by the said Sir R. D. as aforesaid This present Indenture and the estate hereby granted shall cease determine and be utterly void to all intents and purposes any thing herein contained to the contrary thereof in any wise notwithstanding In witnesse whereof c. A Lease in trust THis Indenture made c. Between Sir R. D. of c. on the one part and 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 Neverthelesse upon this speciall 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 Assignes during his life to hold and enjoy the said Mannor and premises 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 summe of 50. l of c. for the education and bringing up of M. D. gentleman second sonne of the said Sir R. D. for and until he the said M. shall attaine unto the age of nineteene years And also that they the said W. D. R. H. and T. S. their c. from and after the said M. D. shall attaine his said age of nineteene yeares during the residue of the said terme shall raise out of the profits of the premisses the summe 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 terme hereby demised shall and will yeeld 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 yeeld and deliver unto I. D. Esquire eldest son and heir apparant of the said Sir R. D. at his age of nineteene years or to such issue of his body as shall be living at such time as the said I. D. shall have accomplished his said age of nineteene years if he had lived all such rents summe and summes of money as they or any of them shall have received or taken out of or for the said Mannor and premisses and every or any of them And if the said J. D. before his said age of nineteen years shall die without issue that then they the said W. D. R. H. and I. S. their c. from and after the decease of the said I. D. as aforesaid shall yeeld pay and deliver unto R. D. gent. youngest sonne of the said Sir R. D. at his age of nineteene years or to such issue of his body as shall be then living all such rents summe and summes 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 witnesse c. A Declaration of Trust with a declaration of uses by the Trustor THis Indenture made c. Between A. Lady D. of c. Widdow 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 Leasowes Commons Wastgrounds Furze Heath Woods Underwoods 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 occupyed or taken as
c. all such costs charges and expences as the said E. C. his c. shall at any time hereafter be put unto for or by reason of any cause matter or thing touching or concerning the said Executorship or the said last Will and Testament of the said A. W. And the said W. A. doth further covenant To performe the Will c. That he the said W. A. his c. shall and will well and truly fulfil accomplish and perform the said last Will and Testament of the said A. W. and well and truly content and pay all and every the Legacies guifts and bequests contained and specified in the same last Will and Testament according to the Tenor Purport and true meaning of the same In witnesse c. An Indenture in Consideration of Marriage in lieu of Joynture THis Indenture made c. between M. F. of the one part and I. I. and I. F. of the other part Witnesseth that the said M. F. for and in consideration of a Marriage heretofore had and solemnized between the said M. F. and C. his now wife and for and in full satisfaction and recompence of such Joynture or Dower as she the said C. shall have or challenge out of or in or to all or any of the Messuages Lands Tenements or Hereditaments of the said M. F. in case the said C. shall survive and overlive the said M. F. And for the continuance settling and establishing of the said Messuages Lands Tenements and Hereditaments hereafter mentioned in the name blood and kindred of the said M. F. so long as it shall please Almighty God and for divers other good causes and considerations him the said M. F. hereunto moving Doth covenant c. That he the said M. F. and his heirs and all and every person and persons and their Heirs now standing or being seized or which at any time hereafter shall stand or be seized of or in all that Capital Messuage with the Appurtenances commonly called or known by the name of H. in B. aforesaid in the said County of S. in the tenure or occupation of the said M. F. or his Assinges and of and in all and singular the Lands Tenements Meadowes Pastures Feedings Commons Woods Underwoods and Hereditaments whatsoever with their and every of their Appurtenances to the said capital Messuage or Tenement belonging or appertaining or to or with the same at any time heretofore used occupied or enjoyed as part parcel or member thereof shall and will from henceforth stand and be seized thereof To stand seized and of every part and parcel thereof to the uses intents and purposes hereafter mentioned That is to say To the use and behoof of the said M. F. and C. his wife and their Assignes for and during their natural lives and the life of the longer liver of them without impeachment of or for any manner of waste The Uses and from and after the decease of the Survivor of them the said M. and C. then to the use and behoof of the Heirs of the body of the said M. F. and C. lawfully begotten and for default of such Issue then to the use and behoof of the right heires of the said M. F. for ever And the said M. F. doth further covenant c. That he the said M. F. at the time of the sealing and delivery of these presents To have power to raise uses is and standeth seized of a good perfect and indiffeazible estate in Fee-simple of and in the said Messuages Lands Tenements and Hereditaments and of and in every part and parcel thereof and that he hath lawful power and authority by these presents to raise limit and appoint the aforesaid several uses and estates and that all and singular the premisses with their and every of their Appurtenances now are and so at all times and from time to time hereafter shall be remain and continue unto the uses intents and purposes before Discharged of Incumbrances in and by these presents limitted expressed and declared free and clear and freely and clearly acquitted and discharged of and from all and all manner of former and other Bargaines Sales Gifts Grants Leases Joyntures Dowers Wills Intails c. and of and from all other Titles Troubles Charges and Intumbrances whatsoever In witnesse c. Words to be used upon the Delivery of Possession I do deliver you Possession and seizin of this house or of this parcel of Land in the name of all the rest contained in this Deed or Indenture To hold to you and your Heirs and Assignes for ever according to the Tenor form and effect of this present writing or Indenture A Conveyance of Land by three Co-heires and their Husbands well pend THis Indenture made the Twentieth day of March in the Tenth yeare of the Raign of our Soveraign Lord Charles by the grace of God of England Scotland France and Ireland King Defender of the faith c. Between W. S. of B. in the County of B. Husbandman and I. his wife W. M. of L. R. in the parish of Princes Risborough in the said County husbandman and A. his wife and F. W. of P. R. aforesaid in the said County Husbandman and A. his wife and E. A. of the parish of P. R. aforesaid The Consideration and S. his wife on the one part and I. M. of H. aforesaid in the said County husbandman on the other part Witnesseth That the said W. S. and I. his wife W. M. and A. his wife and F. W. and A. his wife for and in Consideration of the summe of one hundred and Ninty pounds of currant money of England to them the said W. S. I. his wife W. M. and A. his wife F. W. and A. his wife E. A. and S. his wife by the said I. M. in hand paid before the insealing hereof the receipt whereof the said W. S c. do hereby acknowledge and thereof do joyntly and severally exonerate and discharge the said I. M. his Heirs Executors and Administrators and every of them for ever by these presents The Grant And for other good causes and considerations them moving have granted aliened bargained fold infeoffed and confirmed and by these presents for them and their heirs do joyntly and severally Grant Alien Bargain Sell Infeoffe and Confirm unto the said I. M. his heirs and assignes for ever All that Messuage Tenement or dwelling house with the appurtenances scituate lying and being at or near a place called W. A. in the parish of B. alias B. in the said County of B. wherein the said W. S. now dwelleth and wherein one W. W. deceased Father of them the said I. A. and A. did lately dwell and inhabit and all those five several Closes of Arable Land Meadow pasture and wood-ground belonging to or used with the said Messuage Tenement and dwelling house lying and being in the Parishes of B. aforesaid W. and H. or in some or one of them in the said
the said I. L. for themselves joyntly and severally and for every and either of them their every and either of their several and respective Executors Administrators and Assignes and every of them do and doth Covenant and grant to c. That they the said I. L. E. his wife and I. L. their several Executors Administrators and Assigns and every of them at their own proper costs and charges in and by all things shall and will well and sufficiently repair maintain uphold keep clense and scoure all and every the houses buildings and edifices hereby demised and now built on the premisses and belonging to the same and which at any time hereafter during the term hereby demised shall be erected and built upon the demised premisses or any part thereof and the hedges ditches fences pales and mounds upon and about the demised premisses and every of them well and sufficiently shall make keep clense and scour and the said Messuage or Tenement houses and buildings which are or at any time hereafter during the term hereby demised shall be erected or built in or upon the same or any part thereof being so well and sufficiently repaired maintained upholden kept clensed and scoured in the end or other determination of the said term hereby demised shall and will leave and yield up unto the said I. B. his heirs and assignes And also that they the said I. L. E. his wife To view the defaults of reparations and the said I. L. and every of them and their and every of their assigns shall and will permit and suffer him the said I. B. his heirs and assignes together with three or four or fewer workmen or other persons at their or any of their wills and pleasures being at convenient times twice every year quietly to enter into or upon the said Messuage or Tenement and all other the demised premisses to view and search whether the same be well and sufficiently repaired or not To repair upon notice And of all and every the default and defaults for want of Reparations then and there found to give or leave notice in writing at the said Messuage or Tenement unto or for the said I. L. and E. his wife and the said I. L. to repair and amend the same from time to time during the termes hereby demised alwayes within the space of six months next after every such notice in writing so given or left as aforesaid And also that neither they the said I. L. E. his wife Not to Demise without licence nor the said I. L. nor any nor either of them shall not at any time or times hereafter grant bargain sell assign or set over demise let or depart with the said Messuage and premisses or any part or parcel thereof or his her or their or any of their right title interest or estate in or to the premisses or any of them without the special licence and consent of the said I. B. his heirs or assigns under his or their hand in writing therefore first had and obtained Provided alwayes Proviso upon non payment or non reparation to re-enter and it is Conditioned by and between the parties to these presents That if it shall happen the said yearly Rent or any part thereof to be behind and unpaid by the space of twenty eight dayes next after any or either of the said Feasts or dayes of payment before mentioned or set down for payment thereof contrary to the form aforesaid the same being lawfully demanded or if all and every the said default and defaults for want of Reparations of or in the premisses or any of them at the time of such view or search as is aforesaid shall be found and whereof notice in writing shall be given or left to repair and amend the same in manner and form aforesaid shall not from time to time be well and sufficiently repaired and amended all wayes within the space of six months after every such notice given or left in writing as aforesaid That then and at all times after in every the cases as aforesaid it shall and may be lawful to and for the said I. B. his heirs and assigns and every of them into and upon the said Messuage or Tenement Lands and premisses and every of them to re-enter and the same to have again retain re-possesse and enjoy as in this and their first and former estate This Indenture or any thing herein contained to the contrary thereof in any wise notwithstanding And the said I. B. for him his heirs and assigns and for every of them The Lessee to enjoy performing Covenants doth Covenant c. by these presents that they the said I. L. E. his wife and the said I. L. by and under the yearly Rent Covenants and Conditions in and by these presents reserved and on their parts severally to be paid done and performed according to the intent of these presents shall or may peaceably and quietly have hold possesse and enjoy the said Messuage or tenement lands and all other the premisses with their appurtenances without the let suit trouble disturbance denial molestation interruption or eviction of him the said I. B. his heirs and Assignes and of all and every other person and persons whatsoever lawfully claiming by from or under him the said I. B. his heirs or Assigns or his their or any of their estate right or title In witnesse whereof c. An Indenture reciting a Bargain and Sale of the Moity of a Mannor c. in trust for the use of another the same is hereby reconveyed to the person trusting THis Indenture made c. between Sir W. B. of c. on the one part brother and heir to H. B. Esq deceased and W. E. of H c. on the other part Whereas Sir I. W. of c. and I. F. of c. by their Indenture bearing date the second day of c. in the twelfth year of c. did alien bargain and sell unto the said H. B. and E. P. of c. all that Messuage or Tenement with the appurtenances scituate and being in L. aforesaid in the said County of c. all those c. And also Common of pasture and feeding for such and so many horses beasts sheep and other Cattel to be had and taken in and upon the Common Fields Meadows Pastures and Commonable places in L. aforesaid at such times and seasons of the year and in such manner and form as the Tenants and occupiers of the said premisses have before this time used to have and take the same and also all and singular houses edifices c. and also the Reversion and Reversions of all and singular the said premisses and the yearly Rents thereupon reserved To have and to hold the one Moity and half part of all the said Messuage or Tenement and of the said four yard-lands of arable Land Meadow and Pasture and of all and singular other the said premisses whatsoever with
Heirs and all and every other person and persons that now is or are or that at any time hereafter shall be seized or estated of or in all and every part of that the Mannor of A. with the Rights Members and Appurtenances thereof in the said County of O. and of or in all or any Lands Tenements Meadows Pastures Feedings Commons Wayes Wasts Wast-grounds Hereditaments and Appurtenances whatsoever belonging to the said Mannor or reputed as part parcel or member thereof in A. aforesaid and whereof or wherein the said R. D. now hath any estate of Inheritance in Fee-simple shall thereof and of every part and parcel thereof immediately from and after the ensealing hereof stand and be seized thereof and of every part and parcel thereof to the several uses intents and purposes hereafter in these presents expressed limited and declared that is to say To the use and behoof of the said R. D. for the Term of his natural life without Impeachment of any manner of wast and after his death to the use of the said I. D. for the Term of his natural life without Impeachment of any manner of wast and after his decease to the use of the first Sonne of the body of the said I. D. lawfully to be begotten and of the heirs males of the body of the said first Sonne lawfully to be begotten And for default of such Issue to the use and behoof of the Second Third Fourth Fifth Sixth Seventh Eighth Ninth and Tenth Sonnes of the Body of the said I. D. lawfully to be begotten respectively as they shall be in Seniority and Age and of the Heirs Males of such Second Third Fourth Fifth Sixth Seventh Eighth Ninth and Tenth Sonnes lawfully to be begotten of his body the eldest son and his heirs being alway preferred before the younger son his heirs of his body And for default of such Issue to the use of every other the Sonnes of the said I. D. as they shall be in Seniority and Age and of the Heires Males of the Bodies of every such Sonnes lawfully to be begotten And for default of such Issue then to the use of M. D. Gentleman second Son of the said R. D. for the term of his natural life without Impeachment of any manner of wast and after his death to the use of the first Sonne pro ut Supra in the first Sonne then to the third Son in manner pro ut al. primum And for the default of such Issue then to the use of the right Heires of the said R. D. for ever and to none other use intent or purpose whatsoever with the same clause of Revocation as is mentioned in the last president In witnesse c. A Condition of a Counter Lond. THe Condition c. That whereas the above-named N. B. at the special instance and request of the above-bounden C. D. for the proper debt of the said C. D. and as his surety by obligation bearing dare with these presents standeth joyntly and severally bound together with the said C. D. unto E. F. of c. in the sum of c. with Condition thereupon endorsed for the payment of 100 pound of c. to the said E. F. or to his certain Atturney his Executors or Assigns at c. upon c. as in and by the said Obligation and Condition more at large appeareth If therefore the said C. D. his Heirs Executors Administrators or Assigns or any of them do pay or cause to be paid unto the said E. F. or his assigns the said sum of c. at the day and place aforesaid and also from henceforth save and keep harmlesse the above-named A. B. his heirs c. of and from the 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 pend THis Indenture made c. Between I. S. of c. and I. G. of c. on the one part and R. G. of c. on the other part Whereas I. S. of c. and G. P. of c. Executors of the last Will and Testament of M. S. gent. deceased and the said I. G. by Indenture bearing date the 26. day of S. in the c. of his said Majesties Raign that now is over England c. made between the said I. S. and G. P. and I. 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 Assignes as well an Indenture of Demise therein recited dated the day of c. made from R. E. late of c. unto I. G. late of B. in c. and I. his wife Father and Mother of the said I. G. partie 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 Assignes 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 Tenements 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 Assignes 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 summe 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 Raign that now is did bargain assign and set over to the said E. S. and her Assignes 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 Raign 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 County 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-half-yard-land belonging for the Term of 3000. years from the Feast of c. then next ensuing at the yearly Rent of c. as also all the estate right title interest possession Reversion Term of years claim and demand whatsoever of the said I. G. to the said c. and other the premisses with the appurtenances by the same Indenture of Lease Demised by vertue of the same Indenture or otherwise as by the same Indenture c. appeareth And whereas the said E. S. by her Indenture dated c. did Covenant with the said I. G. and his assignes That if the said I. G. or his Assignes 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 should be in the year of our Lord God 1630. That then she the said E. S. and her Assigns would upon request of the said I. G. re-assign and convey to 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 Indentures of Lease 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 Considerations 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 Assignes 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 Indenture 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 several receipts of which said several summes of money they the said I. S. and I. G. do hereby severally and respectively acknowledge and thereof and of every part theroof 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 Indentures of Lease or Assignments mentioned To have and to hold all and every the said Messuages or Tenements Lands and all other the premisses with their and every of their Appurtenances unto the said R. G. his Executors and Assigns and every of them by these presents for and during and unto the full end and Term of 99. yeares from hence next ensuing fully to be compleat and ended Yielding and paying therefore yearly during the said term to the said I. S. his c. a peper corn at the Feast of St. Michael the Arch-angel if it be lawfully demanded And the said I. S. for himself his c. doth covenant and grant to and with the said R. G. his c. That he the said I. S. now hath good right full power and lawful and absolute authority to demise grant and let the said Messuage or Tenement lands and premisses with their appurtenances unto the said R. G. his c. for and during the said Term and Number of years aforesaid according to the true intent and meaning of these presents And also that the said Messuage c. and every of them shall and may during the Term hereby demised remain and be unto the said R. G. his c. sufficiently saved and kept harmlesse of and from all and all manner of former and other Gifts Grants Leases Forfeitures Surrenders Extents Rents and Arrerages of Rents and of and from all and all manner of Charges Titles Troubles and Incumbrances whatsoever had made committed done or suffered by him the said I. S. or by the said E. S. his said Daughter or either of them their or either of their Executors or Assigns And also that he the said R. G. his c. shall and may peaceably and quietly have hold occupy possesse and enjoy the said c. for and during the Term hereby demised without the Let Suit Molestation Interruption or Eviction of him the said I. S. or the said E. S. and without the lawful Let of all and every other person and persons whatsoever lawfully claiming in by from or under him her or either of them their or either of their estate right or title And the said I. G. for himself his c. doth Covenant and Grant to and with the said R. G. his c. That he the said I. G. at no time before the date hereof hath done or suffered to be done any Act or Thing whatsoever which shall or may be hurtful prejudicial or a hindrance to the said R. G. his c. or any of them in his and their having and quiet enjoying of the said c. But that he the said R. G. his c. may have and enjoy the said Lands and premisses and every of them for and during the Term hereby demised without the let or hindrance of him the said I. G. his c. or of any other person or persons whatsoever claiming by from or under him them or any of them And the said I. S. and I. G. and either of them do for themselves joyntly and severally and not one for the other and for their several and respective Executors c. and for every of them Covenant and grant to and with the said R.G. his c. That they the said I. S. and I. G. and either of them their Heirs and Assigns and every of them shall and
the County of Es with their and every of their rights revenews members and appurtenances whatsoever and of all that the Rectory and Church of H. with the appurtenances thereof whatsoever General words and of all and singular Messuages Houses Edifices Barns Stables Dove-houses Back-sides Orchards Gardens Lands Tenements Meadows Feedings Pastures Commons Wayes Passages Wast-grounds Heaths Furze Moors Marshes Woods Under-woods Rents Reversions Services Tithes as well great as small and of all other Hereditaments whatsoever scituate lying and being growing arrising renewing and encreasing within any the Towns Parishes Hamlets Tithings or Fields of S c. in the said County of E. and in every or any of them or elsewhere to the said Mannors Rectory or other the premisses or any of them belonging or in any wise appertaining or therewith used and enjoyed by such name and names and under such number of Mannors Messuages Cottages and acres and in such sort manner and form as by the said E. Lord G. and I. S. their heirs or assigns or by their or any of their Council learned in the Law shall be reasonably advised devised or required The true intent and meaning of which said Fine and Fines so to be acknowledged and levyed of the said premisses between the said parties as aforesaid shall be and so shall be construed meant intended and adjudged to be to and for the use and behoof of the said W. N. and A. T. their heirs and assigns for ever To the only intent and purpose that they the said W. N. and A. T. shall and may stand and be full and perfect tenements of the Free-hold of the said Mannors Lordships and all and singular the premisses and of every part and parcel thereof with the appurtenances untill one or more perfect common Recovery or common Recoveries may be had and executed of all and singular the same premisses To suffer a Recovery against them the said W. N. and A. T. and their heirs according to the true intent and meaning of the said parties to these presents And that they the said W. N. and A. T. from and after the acknowledging and levying of the said Fine or Fines by the said C. Lord S. to them the said W. N. and A. T. in manner and form as aforesaid shall and will before the end of the said Michaelmas term next ensuing the date of these presents permit and suffer the said E. Lord G. and I. S. to sue and prosecute several Writs of Entry Sur disseisin in le post against them the said W. N. and A. T. of the said Mannors Lordships Lands Tenements Hereditaments and premisses and of every part and parcel thereof with the appurtenances by such name and names and under such number of Mannors Messuages Cottages and acres and in such sort manner and form as by the said E. Lord G. and I. S. and their heirs or by their or any of their Councel learned in the Law shall be advised devised or required into and upon every of which said several Writs of Entry Sur disseisin in le post so to be brought the said W. N. and A. T. shall personally appear And then immediately after their appearance and defence made shall and will in the said actions vouch to Warranty the said C. Lord S. and he the said Lord S. upon such vouchee of him to be made shall and will in the said actions so to be brought forth with Gratis and without Processe appear thereunto and enter into Warranty and vouch over to warranty the Common Vouchee to the end that the Common Vouchee may also appear and enter into Warranty and afterwards make default or depart in despite of the Court so that several perfect common Recoveries with double vouchers may be had prosecuted and executed in and upon the said several Writs of Entry Sur disseisin in le post in all things according to the usual and common order and form of Common Recoveries for the assurance of Lands and Tenements in such cases used of all and singular the said several Mannors Lordships and premisses before mentioned and of every part and parcel thereof with the appurtenances And that full execution and seizin shall be had and taken thereof accordingly And it is hereby covenanted granted concluded and fully and absolutely agreed on by and between all and every the aforesaid parties to these presents for themselves their heirs and assigns and it is the true intent and meaning of these presents and of all and every the aforesaid parties to the same that the said several Recoveries and the execution thereupon to be had shall be and so shall be adjudged deemed esteemed and taken to be and the Recoverors their heirs and assigns and every of them shall and will immediately from and after the Execution of the said Recoveries stand and be seized and be adjudged deemed esteemed and taken to be seized of all and singular the said Mannors Lordships Lands Hereditaments and premisses before mentioned and every part and parcel thereof with their and every of their appurtenances to and for all and every the several and respective uses behoofs intents and purposes hereafter in these presents mentioned expressed limited and declared And to or for none other use behoof intent or purpose whatsoever that is to say to the use and behoof of the said C. Lord S. and his Assigns for and during the term of his natural life without impeachment of or for any manner of wast and from and after his decease then to the use and behoof of the said D. L. and her assigns for and during the term of her natural life for and in the name of a Joynture of and for her the said D. And from and after her decease then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten and for default of such issue then to the use and behoof of the right heirs of the said C. Lord S. for ever And the said Right Honourable C. Lord S. for himself his heirs executors administrators and assignes and for every of them doth further covenant promise and grant to and with the Right Honourable E. Lord G. and I. S. their heirs and assigns and to and with every of them by these presents in manner and form following that is to say that he the said C. Lord S. at the time of the ensealing and delivery of these presents is lawfully and rightfully seized of and in all and singular the said Mannors Lands Tenements Rectory and premisses and of every part and parcel thereof with the appurtenances of a good sure perfect lawful and indefeasible estate in Fee-simple or in Fee-tail to himself and the heirs of his body without any Reversion or Remainder in the Kings Majesty and without any manner of Condition or Conditions Mortgage Limitation of use or uses or other thing or things whatsoever whereby to alter change charge defeat
and proscure in any Court or Courts whatsoever and them or any or either of them out of prison to release as precisely as the Law will it permit for recovery of the said debt and penalty And upon recovery and receipt thereof to deliver up the said obligation to be cancelled and finally to do all and every other lawful act whatsoever for recovery of the said debt and penalty or any part thereof without yielding any accompt thereof or therefore as to my said atturney shall seem meet and expedient as fully and effectually as I my selfe might or could do or cause to be done in or about the premisses And moreover I the said H. T. do by these presents covenant and promise to and with the said D. M. his executors and administrators that at the day of the date of these presents I have not done or caused or suffered to be done any act or thing whatsoever whereby the said recited obligation is any manner of wayes released or discharged and that neither my selfe 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 neverthelesse that if T. W. of c. in the C. of c. Yeoman his executors administrators or assignes 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 revokable and shall be utterly void and of none effect any thing herein contained to the contrary in any wise notwithstanding In witnesse whereof I the above named H. T. have hereunto set my hand and seal the c. in the c. A grant of the moity 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. widdow the late wife of Sir R. B. Knight deceased and S. the wife of 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 payed 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 heires executors and administrators by these presents have granted bargained sold aliened released and confirmed and by these presents do fully and absolutely grant bargain sell alien release and confirme unto the said Sir G. H. one annuity or annual rent of 50 l by the year being the moity 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 impropriat 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 barnes stables buildings yards courts and globe lands tithes oblations obventions emoluments rents corne 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 assignes 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 tenth 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 assignes 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 assignes 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 heires executors and administrators and every of them covenant promise and grant to and with the said Sir G. H. his heires executors and assignes 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 one 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 assignes the said annual rent of 50 l by the year in such manner and forme 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 retaine and keep the said annual rent or summe 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 S. G. H. or the term of fourscore years if the said Sir G. 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 indempnified of and from all former and other gifts grants bargains sales estates leases joyntures dowers statutes judgements 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 every of them covenant and promise to 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 premises or any part thereof by from or under them the said A. 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 upon the reasonable request and at the proper costs charges in the Law of the said Sir G. H. and his assignes make acknowledge and execute to the said Sir G. H. and his assignes all and every such further and other lawful and reasonable act and acts devise 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 councel learned in the Laws of this Nation shall be in that behalf advised or devise● 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 Cities of London and Westminster Which said other assurance so to be had and made as aforesaid shall be and inure and shall be adjudged and taken to be and inure 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 copyhold lands from year to year for the term of c. at a certain rent c. Articles of covenants and agreements had made and agreed upon the c. day of c. in the c. between R. C. of c. in the C. of c. husbandman E. his wife P. C. their sonne and I. B of c. in the said C. husbandman of the one part and T. F. 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 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 copyhold tenement with the backside barnes stables and stals 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 and assignes 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 Cows pasture and five acres of arable land whereof one acre and half lyeth 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 ingresse egresse and regresse thereunto at all times and seasons convenient without the lawful let disturbance or interruption of him the said I. B. his assigne or assignes if they the said R. C. and P. C. or either of them should happen so long to live and likewise should have and enjoy during the said term limited as aforesaid the use of the Eastern part of the backside as it was then divided and appointed all which recited premisses belongeth unto one customary or copyhold tenement with the appurtenances in c. aforesaid parcel of the mannor of c. above said which the said R. C. then had and enjoyed during his natural life according to the custome 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 custome 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 forme following that is to say first the said I. B. for himself his heires executors and administrators and every of them doth covenant promise and grant to and with the said T. P. his executors and assignes by these presents that he the said T P. his executors and assignes and every of them for and in consideration of the summe of 20 l of lawful money of England to be paid to the said I. B. by the said T. P. in manner form hereafter expressed shal and lawfully may for 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 during the term of ten years then next and immediately following according to the custome of the said Ma●●●● 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 assigne or assignes And the said T. P. for himselfe his executors administrators and assignes doth covenant promise and grant to and with the said I. B. his executors administrators and assignes by these presents that he the said T. P. his executors administrators and assignes shall and will well and truly pay or cause to be paid unto the said I. B. his executors administrators and assignes for the rent of the said premisses for
premisses or any part thereof shal or may be charged or incumbred or whereby the said T. C. his executors administrators or assignes shall or may be charged incumbred or damnified of or by reason of the same premisses or any part thereof except before excepted And likewise that he the said T. C. his heires executors administrators and assignes shall and may at all times hereafter For quiet enjoying and from time to time during the said term of sixty years if the said W. and A. now wife of the said W. L. do or shall so long live together peaceably and quietly have hold occupy and enjoy all and every the premisses to him the said T. C. demised and granted in exchange as aforesaid and every part and parcel thereof with the appurtenances except before excepted without any manner of lawful let trouble interruption or disturbance of them the said W. L. and A. his wife or either of them or of any other person or persons lawfully claiming by from or under them or any of them And the said C. T. doth covenant for himselfe ut W. L. antea mutat mutand And whereas it was intended and meant by and between all the parties to these presents That the said I. B. to whom the right of inheritance of the premisses mentioned to be demised to the said T. C. as aforesaid doth belong and appertaine 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 for the like term of 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 an Infant shal seal a lease at his full age of 21 years that he may or can to procure and get the said I. B. by his deed indented to make seal and deliver as his deed to the said T. C. his heires or assignes within three months 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 premises 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 heires do and shall make seal and deliver as his deed unto the said T. C. his heires or assignes 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 assignes 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 assignes a like lease of all and every the premisses to the said W. L. and A. his wife granted as aforesaid for such like term and 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 Mortgager before the day for redemption to an other 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 Saint 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 Hardwich 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 considerations therein mentioned and expressed Hath granted bargained sold aliened assigned 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 Feedings 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 Assignes to the only proper use and behoof of them the said H. B. and R. H. their Executors Administrators and Assignes from the ensealing and delivery of the same Indenture of Assignment for during and untill the full end
the said first recited lease of the premisses reserved and mentioned on the part and behalf of the said M. C. her executors and assignes to be paid done and performed shall or may at all times hereafter and from time to time for and during all the rest and residue yet to come and unexpired of the said term of twenty one years by the said letters pattents granted peaceably and quietly have hold use occupy possesse and enjoy the said scite and capital messuages c. and all and singular other the premisses herein before mentioned to be granted bargained sold assigned and set over and every part and parcel thereof with the appurtenances without the let interruption or disturbance of him the said H. B. or of any other person or persons by his means or procurement and that the same premisses and every part and parcel thereof with the appurtenances now are and be and so at all times hereafter and from time to time shall be remaine and continue unto the said R. S. his executors and assignes free and clearly acquitted exonerated and discharged or otherwise upon lawful and reasonable request sufficiently saved and kept harmlesse of and from all and all manner of former bargains c. had made committed or done by him the said H. B. or by any other person or persons by his assent means or procurement the rent covenants clauses and agreements in and by the said before recited Indenture reserved or mentioned which on the part and behalf of the said M. C. her executors and assignes 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 executor● administrators and assignes or either or any of them are or ought to be d●served performed fulfilled and kept only except and fore prised The like for R. H. And the said R. S. doth covenant c. to and with the said H. B. and R. H. their executors For discharging the rent to the Protector administrators and assigns and every of them at all times hereafter and from time to time clearly to acquit exonerate and discharge or otherwise sufficiently to save and keep harmlesse the said H. B. and R. H. their executors administrators and assignes and every of them as well against his Highnesse the Lord Protector his heires and successors as against all and every other person and persons whatsoever of for and concerning the said rent covenants clauses 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 or 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 f●om M. C. as from H. B. Another covenant from R. S. to M. C for discharging the rent to the Protector as is last before to H. B. and R. H. And lastly For further assurance c. the said M. C. doth covenant 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 assignes do make and execute or cause to be done made and executed all and every such further lawful and reasonable acts things and devises 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 assignes 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 claime 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 assignes 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 partie 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 confirme 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 cottages lands tenements meadows pastures feedings rents reversions services heathes mores commons closes woods underwoods wasts waifes straies escheats wards courts leets perquisits 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 I. 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 claime 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 only 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 and 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. and G. L. c. the full summe of 4800 l of good c. at or within c. at or upon the second day of M. 1641. without fraud or covin That then from and after the said payment so had and made the use and uses in or by these present Indentures had made or limited to the said R. L. and G. L. their and either of their heires and assignes and also all every estate which hereupon or by reason hereof or any thing herein mentioned is or shall be limitted vested or executed in or to the said R. L. and G. L. their heirs or assignes or any of them shall cease determin and be utterly void and of none effect any thing in these presents contained to the contrary thereof in any wise notwithstanding and that then and immediately from and after the said payment had or made to the said R. L. and G. L. their or either of their heires executors administrators or assignes or any of them of the said summe of 4800 l of c. in manner and form as is afore expressed declared and appointed the said grant feoffment conveyance and assurance and all and every other act or thing which after the date of these presents and before the said second day of J. 1641 shall be had or made by or between any of the said parties or by their or any of their means or privity or whereunto they or any of them shall be party or parties shall be and shall be deemed and taken to be and the said E. T. and G. B. and their heirs and all and every other person and persons and their heirs that then shall stand and be seized of the said mannor and other the premisses or any of them shall stand and be seized thereof and of every part and parcel thereof to the only proper use and behoof of the said Sir H. H. and of his heirs and assignes for ever and to none other use behoof intent or purpose whatsoever And it is further agreed by and between the said parties to these presents and the said Sir H. H. doth covenant The Indenture and use therein limited to be void for not payment of the money mentioned in the proviso c. to and with c. that if the said Sir H. H. his heires executors administrators nor assignes nor any of them do pay nor cause to be paid to the said R. L. and G. L. their nor either of their executors administrators or assignes nor to any of them the said summe of 4800 l and every part thereof in manner and form abovesaid but shall make default in payment of the same or of any part thereof that then and from thenceforth this present grant feoffment and conveyance of the premisses and the said use before herein and hereby limited to the said R. L. and G. L. and their heires shall stand remain and be and that then also and at all times from thenceforth all the said mannors lands tenements hereditaments and all other the premises with all and singular their appurtenances shall be and remain for ever to them the said R. L. and G. L. their heirs and assigns absolutely without any condition or other limitation And the said R. L. and G. L. for themselves their either of their heires executors and administrators Not to do any act to hinder the rising of the use limited in the Covenants for quiet enjoying and making further assurance upon payment of the money mentioned in the proviso and for every of them do covenant promise and grant by these presents to and with c. in manner and form following that is to say that neither they the said R. L. and G. L. nor any of them nor their nor any of their heires or any of them nor any other person or persons by their or any of their procurement means or assent shall or will do commit or wittingly or wilfully suffer any act or thing whereby or by means whereof there shall or may ensue or happen any let or hinderance to the rising or vesting of the said use herein limitted to the said Sir H. H. and his heires by the payment of the said 4800 l according to the intent purport and true meaning of the said condition or proviso and that in case the said Sir H. H. his Heires Executors Administrators or Assignes or any of them do well and truly satisfie content pay or cause to be satisfied contented paid unto the said R. L. and G. L. or either of them or the Heires Executors Administrators or Assignes of them or either of them the said sum of 4800 l of c. at or upon the second day of J. c. according to the true intent and meaning of the said proviso or condition that then the said Sir H. H. his Heires and Assignes and every of them shall or may from thenceforth for ever have hold and enjoy all the said Mannor or Lordship Lands and Tenements with all and singular their appurtenances to his and their own proper use and behoof without any let trouble incumbrance or interruption of or by the said R. L. and G. L. or either of them their or either of their heires or assignes or any of them or of any other person or persons by or with their or any of their means act assent or procurement And that then also they the said R. L.
or to or with the same now or at any time heretofore usually occupied or enjoyed coming growing renewing and increasing within C. and S. in the County of c and the advowson gift free disposition and 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 barnes stables dove-houses yards orchards gardens lands tenements meadows feeddings pastures leasows commons wast-grounds heaths furzes mores marishes woods underwoods 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 chattels wayved and estrayed goods and chattels of fellons and fugitives fellons of themselves and of persons our-lawed fees wards marriages escheats reliefs herriots 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 and 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 heires and assignes for ever all the estate right title interest use possession reversion remainder propertie condition claime 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 to have and to hold all the said Mannor and Lordship Habendum rectory advowson messuages 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 their rights members and appurtenances unto the said R. L. and G. L. their heires and assignes to the only proper use and behoof of them the said R. L. and G. L. and of their heires and assignes for ever And the said R. M. and his heires the said Mannor c. Warranty Vt in al. 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 confirme unto the said R. L. and G. L. their heires and assignes 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 large it doth and may appear Now this Indenture witnesseth that the said R. M. for the consideration in the said Indenture of 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 heires and assignes for ever All and all manner of deeds evidences charters For delivery of evidences writings escripts Court rolls books of survey books of accompt rentals counterparts of leases terrors boundaries and miniments 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 charters writings escripts Court rolls books of survey books of accompt rentals counterparts of leases terrors Forster boundaries and miniments before mentioned 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 miniments as do touch or concerne 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 heires and assigns and the said R.M. for for himself his heires executors and administrators doth covenant c to and with the said R. L. and and G. L. their and either of their heires and assignes and every of them by these presents to deliver or cause to be delivered unto the said R. L. and G. L. their heires and assigns or to some of them on this side and before the feast of c. whole For being seized safe uncancelled and undefaced And the said R M. doth covenant c. in manner and forme following viz. That he the said R. M. at the time of the ensealing and delivery of these presents is and standeth and so untill a good and lawful estate shall be vested and executed in the said R. L. and G. L. and their heires according to the intent and true meaning of these presents shall be and stand and be the very true sole lawful 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 see 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 atler change or determine the
say on the c. day of c. the summe of 120 l and within one whole year next ensuing the day of the death of the said R. M. the Father the sum of 100 l at the end of one other whole year then next following one other 100 l and at the end of one other whole year also then next ensuing one other 100 l in full satisfaction of and for the clear and absolute purchase of the said Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and of all and singular other the Premisses in the said Indenture mentioned to be thereby given granted bargained and sold and of every part and parcel thereof with the appurtenances In c. Covenants for surrendring of Copyhold lands And the said D. S. for the consideration before in these presents expressed doth further covenant For making a Surrender promise and grant for her selfe her Heires Executors and Administrators and for every of them to and with the said I. P. his Heires and Assignes by these presents that she the said Dame S. S. or her Heires shall and will on this side and before the Feast of c. at the charges in the law of the said I. P. his Heires or Assignes make and suffer or cause to be made and suffered a good and sufficient surrender in law to the use of the said I. P. his Heires and Assignes for ever according to the custome of the Mannor of C. of one field or close of pasture c. and so recite the land verbatim and of every part and parcel thereof with the appurtenances being parcels of the said Mannor of C. and which late were the Copyhold inheritance of T. C. deceased according to the custome of the said Mannor And the said Dame S. doth covenant c. that the said Copyhold lands Discharged of incumbrances at the time of the making and perfecting of the said surrender shall be and so at all times for ever hereafter shall continue unto the said I. P. his Heires and Assignes clearly discharged or otherwise sufficiently saved and kept harmlesse 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 Heires or Assignes or by the said E. S. his Heires or Assignes 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 copyhold-Copyhold-lands and Premisses before mentioned That the lands are of a certain value p. an to be granted and assigned as aforesaid now are of the cleare 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 remaine be and continue of the yearly value aforesaid unto the said I. P. his c. during the terms and continuance of the said several mentioned or recited leases and either of them A bargaine 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 confirme unto C. D. of c. all those my Swannes and Signets and game of Swannes and Signets white and gray marked with the ragged-staffe swiming 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 Swannes and Signets and game of Swannes and Signets or any of them in any wise belonging incident or appertaining together with the Swanne mark aforesaid to have and to hold the said Swannes and Signets and game of Swannes and Signets and Swanne mark aforesaid with their rights and appurtenances whatsoever unto the said C. D. his Heires and Assignes for ever in as large ample and beneficial manner and form as I the said A. B. or any my ancestors ever have had held or enjoyed or might or ought to have had held or enjoyed the same In witnesse c. A bargain and sale of underwood THis Indenture made c. between c. Witnesseth that the said A. B. for and in consideration of the summe of c. whereof c. hath bargained and sold and by these presents doth bargain and sell unto the said C. D. all and singular woods and underwoods growing and being within the grove called W. gro●●● and the hedge of the same containing by estimation sixteen acres be it more or lesse 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 felling of the underwood growing within the said grove except and alwayes out of this present sale reserved unto the said A. B. his Heires and Assignes all manner of trees whatsoever other than underwood 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 Assignes 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 Assignes 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 every part and parcel thereof there to fell hew cut down all and singular the said woods and underwoods and hedgerows 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 beare lead 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 wayes 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 or Assignes shall and will at every felling which he or they shall make of the said woods ●nderwoods and trees leave standing and growing in and upon the premisses so many competent and sufficient standards staddels and storiers as by the laws and statutes in that case provided is or ought to be left and
Mannor or Lordship Messuages Lands Tenements and of other the premisses or of the greatest part thereof unto the said R. L. and G. L. and to the heires of one of them and sithence a recovery in and by a writ of entry sur disseisin en le post hath been had of the premisses or of the most part thereof against the said R. L. and G. L. who vouched therein to warranty the said H. H. who thereupon entred into the warranty and vouched over to warranty the common vouchee in and by all things according to the usual order and forme of common recoveries with double voucher for assurance of lands and tenements which recovery hath been executed by writ of habere facias seisin accordingly which said fine and recovery and all other fines and recoveries whatsoever sithence the date of the said Indenture had levied or suffered by or between any of the said parties to the same Indenture or any of them of the premisses or of any part or parcel thereof were had levied and suffered to the only use of the said R. L. and G. L. and their heires upon the condition contained in the same Indenture and according to the intent and true meaning of the same Indenture dated the said first day of c. and to no other use intent or purpose In which said Indenture dated the said first of c. there is a proviso or condition contained in these words or to this effect following that is to say Provided alwayes c. reciting the proviso And in which said recited Indenture dated the said first day of c. there is a covenant contained in these words or to this effect following that is to say and the said R. L. and G. L. do covenant and grant c. reciting the covenant that the morgager may have and receive the issues of the lands morgaged till the day of payment c. And in which said recited Indenture dated the said first day of c. there is also contained a covenant in these words or to this effect following viz. in consideration whereof the said R. L. and G. L. for themselves their heires executors and assignes and every of them do covenant and grant to and with c. by these presents That if neither the said H. H. his heires or assignes nor any of them do pay the said summe of 4000 l c. to the said R. L. and G. L. their heires executors administrators and assignes 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 assignes 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 assignes 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 cleare and absolute purchase of the said Mannor or Lordship Lands Tenements and other the Premisses without fraud covin or further delay as in and by the said recited ●ndenture dated the said first day of c. amongst divers other covenants grants articles and agreements therein contained more plainly at large 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 heires remise release and for ever quit claime unto the said R. L. and G. L. in their full and peaceable possession and seisin being of the premisses and to their heires and assignes to the only proper use and behoof of them the said R. L. and G. L. their heires and assignes 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 and 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 or claime 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 heires 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 of any of them shall or will at any time or times hereafter ask claime 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 barred and excluded for ever by these presents And further the said H. H. doth for him and his heires confirme 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 heires and assignes 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 heires and assignes for ever And the said H. H. and his heires the said Mannor or Lordship Lands Tenements Hereditaments and all and singular other the premisses with their and every of their appurtenances unto the said R. L. and G. L. their heires and assignes to the only pro●er use and behoof of them the said R. and L. their heires and assignes 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 claime unto the said R. L. and G. L. their heires and assignes 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 P. his wife on the fifth part and T. L. and E. his wife on the sixth part Witnesseth That whereas divers and sundry Mannors Lands Tenements Rents Reversions Services and Hereditaments with their appurtenances late the inheritance of the late Lady I. B. deceased sometimes wife of the Right Honourable Sir E. B. Knight likewise decased 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 I. 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 Cosen and one of the co-heires of the said Lady I. B. that is to say sonne of the Lady A. C. deceased daughter of the said Lady I. 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-heires of the said Lady I. B. To the said P. H. and F. his wife in the right of the said F. one other of the daughters and co-heires of the said Lady I. B. To the said R. P. and M. his wife c. one other of the daughters and co-heires of the said Lady I. 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-heires of the said Lady I. 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-heires of the said Lady I. B. by reason whereof the said W. C. E. C. c. into the said mannors 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. 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 assents and agreements the seventh day of c. last past before the date hereof did make partition thereof in manner and forme 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 be hereafter expressed into six several parts or shares and agreed that every of the said six several parts should be severally written and mentioned in a scroule of paper by it selfe and that afterwards every of the said six several scroules 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 bignesse 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 bonnet to be kept in the hands of an indifferent man thereunto appointed by their mutual assents and that the said W. C. being heire unto the eldest daughter of the said Lady I. B. or his deputy thereunto sufficiently authorized should first put in his hand into the said bonnet and should first take and chuse out of the same bonnet one of the said balls and that he should have and hold to him and to his heires for ever for his part portion and purpart of the premisses only those of the said mannors lands tenements and hereditaments that should be mentioned and written in the scruole inclosed and covered in and with the ball of wax that he or his said deputy for him shall take and chuse and that the said W. C. having married the said E. being the second daughter of the said Lady I. B. 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 chuse 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 heires 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 chusing out of the said bonnet one of the said six balls wherein was one of the said six scroules in which was written and mentioned the mannor of W. with the appurtenances late the said Lady I. 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 mannor of T. c. And the said W. C. putting in his hand second into 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 heires 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 heires 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 heires ratifie and confirme the said partition and also that every of the said parties doth and do for him her and them and for his her and their heires ratifie and confirme to the other of them and their heires 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 heires or assignes or any