that may or shall arise be prosecuted or brought against the said party by any other person or persons whatsoever concerning the premises In witness c. A Resignation or Release from one used in trust of all the benefit he might Claim by vertue of any Covenant in the Indenture TO all Christian people to whom this present writing shall come I J.B. of c. send greeting Whereas by one Indenture bearing date the c. made between R. O. of c. on the one party and the said J. B. and J. H. of c. on the other party he the said R. O. for himself his Heirs Executors and Administrators and every of them did covenant and grant to and with me the said I. B. and the said I. H. our Executors and Assigns That he the said R. O. should and would within the space of c. next ensuing the date of the same Indenture convey and assure or cause to be conveyed or assured to the said R. O. and E.H. Daughter to R.H. of c. with whom the said R. O. was then to be espoused and to the heirs of their bodies lawfully begotten Lands Tenements and Hereditaments of the full and clear yearly value of 1000 l. at the least as by the said Indenture and Covenants therein contained amongst divers other things more at large appeareth And for performance thereof according to the said Covenants the said R. O. by his Obligation dated c. became bound with Sureties to us the said I. B. and I. H. in the sum of c. as by the same Bond may also appear in which said Indenture and Bond the name of me the said I. B. was onely used in trust for the Benefit and Behoof of the said E. H. Now therefore know ye That I the said I. B. in discharge of the trust in me reposed and at the request of the said E. H. have remised released surrendred resigned and set over and by these presents for me my Executors and Administrators do freely and absolutely remise release surrender resign and set over unto the said E. H. her Executors and Assigns all the Estate Right Title Interest Use Trust Benefit Priviledge and Demand whatsoever which I the said I. B. have or may have or claim of in or to any sum of Money or other matter or thing whatsoever in the said Indenture Covenant and Bond contained mentioned and expressed or in any of them So as neither I the said I. B. my executors or administrators or any of us at any time hereafter shall or will ask claim challenge or demand any interest use benefit trust priviledge or other thing in any manneâ— whatsoever by reason or means of the said Indenture or any Covenant therein specified or in or to the said Bond or any sum of Money therein mentioned but thereof and therefrom and from all actions suits and demands which I my executors or assigns may have concerning the same shall be utterly secluded and for ever debarred by these presents In witness c. An Indenture for justifying of Actions upon setting over of a Statute THis Indenture made the c. Between R. W. of c. on the one part and T. C. of c. on the other part witnesseth That whereas I. H. of c. in and by one Statute of 800 l. now appertaining to the said R. W. as Executor of the last Will and Testament of the said c. Now the said R. W. for divers good Considerations him especially moving hath given granted assigned and set over and by these presents doth fully clearly and absolutely give grant assign and set over unto the said T. C. his executors administrators and assigns as well the said Statute-Staple aforesaid as also all the Debts of c. in the same Statute mentioned or contained to the only proper use and behoof of the said T. C. his executors administrators and assigns for ever And further the said R. W. covenanteth c. That he the said R. W. his Heirs and Executors and the administrators that hereafter shall happen to be of the Goods Chattels and Credits of him the said R. W. and every of them at all times and from time to time hereafter upon request shall maintain justifie and allow all and every such action and actions Writs Suits Bills Plaints Executions and Demands whatsoever as the said T. C. his executors or administrators shall commence pursue or make in the name or names of the said R. W. his executors or administrators that hereafter shall be of the Goods Chattels Credits and Debts of the said R. W. or in the name or names of any of them and that it shall be lawful to and for the said T. C. his executors administrators and assigns and every of them to take receive have hold and enjoy for ever to the only use of the said T. C. his Heirs Executors Administrators and Assigns all and every such sum and sums of Money costs and damages satisfactions commodities profits and advantages whatsoever which shall be gotten recovered obtained or had by reason of any the actions writs bills plaints executions and demands aforesaid or by reason or means of any of them without any impediment denial or contradiction of the said R. W. his heirs executors administrators of assigns that hereafter shall be of the Goods Chattels or Credits of the said R. W. or any of them In witness c. An Indenture between the Scavenger and the Raker for cleansing the Streets THis Indenture made the c. between R C. S. P. and T. R. Citizens of London Scavengers of and for the Parish of c. on the one part and E. D. c. on the other party Witnesseth That the said E. D. in consideration of the sum of c. to him to be paid in such form as hereafter in these presents is expressed covenanted promised and granted for himself c. in manner and form following that is to say That he the said E. D. his executors administrators or assigns shall and will at his and their own proper costs and charges cleanse and make clean or cause to be cleansed and made clean in the said Parish of c. all the Streets Lanes Alleys and other places whatsoever within the said Parish of c. as the same have been heretofore used and accustomed to be cleansed and made clean by any Carter or Raker in that behalf appointed from the Monday next after the Feast of the Epiphany of our Lord God commonly called Twelfth-day next ensuing the date hereof until the Monday next after the Epiphany of our Lord God which shall be in the year of c. three times in every week weekly during the said term to wit on every Tuesday Thursday and Saturday And also at all other such times and dayes as the Lord Mayor of the said City of London for the time being the Aldermen of the Wards His Majesties Privy Council or the Common Council of the said
survive and afterwards to inter-marry with any person or persons whatsoever that then from and immediately after the said Marriage as for and concerning one full fifth part in five parts to be divided of all and singular the said Messuages Lands Tenements and Hereditaments with the Appurtenances before hereby specified to be limited and appointed to and for the Joynture of the said F. aforesaid that the Use and Uses Estate and Estates thereof limited to the said F. shall cease determine and be utterly void and that from thenceforth they the said A. B. J. P. and J. G. and the Survivor and Survivors of them his and their Heirs and Assigns shall stand and be seized of the full fifth part of the said Messuages Lands and Premises from and immediately after the inter-marriage of the said F. to the use and behoof of the said Son of V. W. on the Body of the said F. begotten for and during the term of the natural life of the said F. for her maintenance any thing herein contained to the contrary in any wise notwithstanding Provided also and upon this condition and so it is covenanted granted declared and agreed by and between all and every of the said Parties to these presents and their Heirs and Assigns respectively and it is the true intent and meaning of these presents That it shall and may be lawful to and for the said V. W. at any time hereafter during his natural life from time to time by one or more Indenture or Indentures under his Hand and Seal to lease demise set and to farm-let all and every or any of the said Mannors Messuages Lands Tenements Hereditaments and Premises with the Appurtenances which have been usually set and to farm-letten unto any person or persons whatsoever for the term of three Lives or for any number of years determinable upon one two or three Lives or for the term of One and twenty years or over or under in Possession and not in Reversion so as upon every such Lease and Demise the ancient and accustomed Rent or more or the Rent or the Rents now payable or paid or more over and besides Duties Heriots and Services due and accustomed be thereupon reserved and so as such Rents Duties Heriots and Services upon such Lease and Leases severally reserved shall and may be and continue due and payable unto him her or them respectively and successively unto whom the Reversion and Reversions and Remainder thereof is hereby limited and appointed as aforesaid Provided also and upon this further â—ondition and so it is covenanted and agreed by and between all and every the Parties to these presents That if at any time from and after the death of the said V. W. the said G. W. Son and Heir of the said V. W. or such other person or persons as shall be Heirs at Law of the said V. W. shall and do well and truly satisfie and pay or cause to be satisfied and paid unto the said A. B. J. P. and J. G. and to the Survivor or Survivors of them his and their Heirs Executors Administrators and Assigns if H. A. Son of the said F. be then living the sum of four thousand and five hundred pounds of current c. And if the said H. A. be dead the sum of five thousand pounds of like current money at or in the c. To the end that thereby the said A. B. J. P. and J. G. their Heirs Executors Administrators and Assigns may be thereby enabled to purchase Lands and Tenements of the value of c. or may employ and dispose of the same for the use benefit and advantage of the Issue of the Body of the said F. lawfully begotten or to be begotten or if the said V. W. or the said Heir at Law as aforesaid or any of them shall at their own proper costs and charges settle convey and assure or cause and procure to be conveyed and assured other Lands Tenements and Hereditaments which shall be of the clear yearly value of Two hundred and fifty pounds per annum above all Charges and Reprizes unto the said A. B. J. P. and J. G. their Heirs and Assigns and to the Survivor and Survivors of them his and their Heirs Executors Administrators and Assigns to the like several uses intents and purposes and upon the like trusts and confidences and under the like Conditions Provisoes Powers and Limitations as are hereby formerly limited and appointed excepting onely the said Messuage Lands and Tenements herein and hereby limited to and for the Joynture of the said F. that then and immediately from and after such payment or settlement as aforesaid the several Uses and Estates herein and hereby limited other than the Estate for life limited to the said F. as aforesaid of for or concerning the said Land and Premises for the use and benefit of the Issue of the Body of the said V. W. on the Body of the said F. lawfully begotten or to be begotten and every of them shall cease determine and be utterly void And the said V. W. for himself his Executors Administrators and Assigns doth covenant grant and agree to and with the said A. B. J. P. and J. G. their Heirs and Assigns and to and with every of them by these presents That for or notwithstanding any act or thing whatsoever heretofore done or suffered by the said V. W. his Heirs or Assigns or hereafter by him them or any of therâ— to be done or suffered to the contrary the said V. W. now is and so at the time when the first Estate of the said Mannor Advowson Messuages Lands Tenements and Premises and every part and parcel thereof shall be conveyed and assured to the said A. B. J. P. and J. G. their Heirs and Assigns to the uses aforesaid shall stand and be seized thereof of a good perfect absolute and indefeazible Estate of Inheritance in Fee-simple or Fee-tail without any Reversion or Remainder in the Crown or without any Covenant or use to alter change or determine the same And also that he the said V. W. for and notwithstanding any act or thing whatsoever heretofore done or suffered to the contrary as aforesaid hath and so at the time of the Execution of the said first Estate of the said Mannor Advowson Messuages Lands Tenements and Premises and every part and parcel thereof with their and every of their appurtenances to the said A. B. J P. and J. G. their Heirs and Assigns shall have full power good right and lawful authority to grant convey and assure the said Mannors Messuages Lands Advowsons Tenements and Premises with their and every of their appurtenances to the said A. B. J. P. and J. G. their Heirs and Assigns to the uses intents and purposes aforesaid according to the true intent and meaning of these presents And the said V. W. for himself his Heirs Executors Administrators and Assigns and every of them doth covenant promise grant and agree to and with the
and every of them doth covenant promise and grant to and with the said A. B. and J. G. and either of them and the Executors c. of them and either of them by these presents that he the said R. L. his Heirs and Assigns shall and will from and after the Feast of Saint Bartholomew the Apostle and from and after the said Marriage so had and solemnized stand and be seized of and in all that the Site or Seat of the Rectory or Parsonage of East-Church and of and in all Houses and Buildings thereupon built standing or being And of and in one Field or Close of Pasture with the appurtenances thereunto adjoyning containing together with the said Scite of the said Rectory by estimation forty acres be it more or less And of and in a parcel of Ground called Harleys Spring containing by estimation one acre c. And of and in one Meadow containing by estimation forty acres be it more or less And of and in one piece of Ground called Reeds Meadow containing by estimation nine and twenty acres be it more or less And of and in one Field called Frogs-Field containing by estimation two and fifty acres be it more or less And of and in one parcel of Land called Parsonage Hill-field containing by estimation 37 acres be it more or less And of and in all those Lands Closes Meadows Feedings and Pastures called or known by the name or names of Stone-pit and Stone-pike containing in the whole by estimation four hundred acres be they more or less And of and in one other piece of Land called Bercon-field containing by estimation twenty nine acres be it more or less And of and in one Cottage with one Rood of Land thereunto belonging or occupied with the same in which Cottage or House one R. D. did lately dwell All which premises are scituate lying and being in E. aforesaid and now are in the occupation of c. and of and in all other the Lands Tenements Rents Reversions Services and Hereditaments of the said R. L. in the said Parish of E. in the said County of K. to the onely use and behoof of the said R. L. and the said A. and of the Heirs and Assigns of the said R. L. for ever for the Joynture of the said A. if the said A. shall happen to survive and over-live the said R. L. And the said R. L. doth covenant and grant for himself his Heirs Executors Administrators and Assigns by these presents to and with the said A. B. and J. G. and either of them and the Heirs Executors and Administrators of them and either of them in manner and form following That is to say That he the said R. L. his Heirs Executors Administrators or Assigns shall and will at all time and times hereafter and from time to time sufficiently save and keep harmless and indempnified the said Site Lands Tenements and Hereditaments and all other the premises and every part and parcel thereof of and from all former and other Bargains Sales Gifts Grants Leases Statutes-Merchant and of the Staple Recognizances c. and of and from all other Charges Troubles and Incumbrances whatsoever had made committed or done by the said R. L. or by any other person or persons whatsoever by his means title consent or procurement the Rents and Services from thenceforth to grow due to the chief Lord or Lords of the Fee or Fees of the premises only excepted and fore-prized and that the said Site Lands Tenements and other the premises now be of the clear yearly value of 200 l. over and above all charges and reprizes And further that the said R. L. and all and every other person and persons and his and their Heirs lawfully having claiming or rightfully pretending to have any Estate Right Title or Interest of in or to the said Scite Lands Tenements and all other the premises or any part or parcel thereof by or from the said R. L. shall and will from time to time and at all times hereafter during the space of two years next ensuing the date hereof further do make acknowledge and execute all and every such other reasonable act and acts thing and things device and devices assurance and assurances in the Law whatsoever as by the said A. B. and J. G. or either of them or the Executors or Assigns of either of them or their or any of their Council learned in the Law shall be reasonably devised or advised and at the costs and charges of the said R. L. his Heirs Executors or Administrators for the better and more perfect assuring and making sure of all and singular the premises to the said A. for term of her life only in form aforesaid so that there be not any other or further warranty therein comprised than only against the said R. L. and his Heirs And further it is covenanted granted and agreed by and between the said Parties to these presents and the said R. L. doth covenant c. to and with c. that all Feoffments Fines Conveyances and Assurances to be had made knowledged done suffered or executed by the said R. L. during the life of the said A. H. shall be to the uses intents and purposes aforesaid and to none other c. And further that she the said A. from and after the decease of the said R. L. during her natural life shall or may have hold and quietly enjoy the said Lands Tenements Rents Reversions Services and all other the premises without any lawful let suit trouble eviction interruption or disturbance of the Heirs and Assigns of the said R. L. or of any other person or persons whatsoever lawfully claiming by from or under the said R. L. his c. And further it is covenanted c. by and between the c. and the said R. L. doth covenant c. in manner c. that he the said R. L. his Heirs Executors or Administrators shall not at any time or times hereafter inter-meddle with have receive or take the portion or portions legacy or legacies sum or sums of money pertaining or belonging given and bequeathed due or to be due to W. H. T. H. and J. H. the Children of the said c or any of them or with the increase and profits thereof or by reason of the same arising coming or growing or that shall hereafter arise come or grow of the same or any part or parcel of the same increase other than such parcel thereof as by covenant hereafter in these presents expressed is yearly to be paid unto the said R. L. or his Assigns for and towards the charges of bringing up the said Children but shall permit and suffer the said J. G. to have the ordering and disposing of the said increase and profits coming of the portions aforesaid for the benefit of the said Children by the appointment of the said A. and that he the said R. L. shall upon reasonable request deliver or cause to be delivered
the said T. N. the Father doth further for himself his Heirs Executors and Administrators covenant promise and grant to and with the said I. I. H. E. and S. R. and every of them their Heirs and Assigns by these presents that he the said T. N. the Father and his Heirs and all and every other person and persons lawfully claiming or to claim by or under him except such as shall or may claim by or under the Leases before excepted shall and will from time to time and at all times hereafter upon the reasonable request and at the costs and charges in the Law of the said I. I. H. E. and S. R. or any of them their Heirs or Assigns make do and execute all such further acts things and assurances for the further and better assuring the said premises and every part thereof to the uses intents and purposes aforesaid as by them the said I. I. H. E. S. R. or any of them their Heirs or Assigns shall be in that behalf reasonably devised or advised and required and that all Fines and other assurances at any time hereafter to be had levied or executed of the premises or any part thereof shall be and shall be deemed adjudged and taken to be to and for the uses intents and purposes in these presents mentioned limited and declared and it is expressed and declared by all the said Parties that the said Estate for the life of the said Sarah limited to the said I. I. H. E. S. R. as aforesaid is so limited upon special trust and considence in them reposed that they and every of them their Heirs and Assigns respectively to whose Hands or Custody any of the Rents Issues or Profits of the said premises shall come during the life of the said Sarah shall from time to time pay deliver dispose and employ the same Rents Issues and Profits and every part thereof either to the said Sarah her self or to such other person and persons use or uses as she the said Sarah shall by any writing under her Hand from time to time limit or appoint provided always and it is nevertheless covenanted and granted by and between the said Parties that in case John N. Son and Heir apparent of the said T. N. the Father shall within seven years next ensuing the date hereof at his own proper Costs and Charges well and sufficiently convey or assure or cause to be conveyed and assured by good and sufficient wayes and means in the Law to the said I. I. H. E. S. R. and to their Heirs or to the Survivor or Survivors of them and to his or their Heirs to and for and upon the like uses intents trusts confidences and purposes as are before herein limited expressed and declared Messuages Lands and Tenements situate lying or being in c. and which shall be of as much more clear yearly value as the said Messuage Tenement and Premises hereby mentioned meant or intended to be granted and of every part thereof shall be then worth that then from and after such conveyance and assurance passed and perfected the use and uses trusts and confidences herein before limited and expressed shall cease determine and end and then and from thenceforth they the said I. I. H. E. and S. R. and their Heirs shall stand and be seized of and in the said Messuage Tenement and Premises hereby mentioned meant or intended to be granted of every part thereof to the use and behoof of him the said I. N. his Heirs and Assigns for ever and to no other use intent or purpose whatsoever any thing herein contained to the contrary thereof in any wise notwithstanding In witness c. A Charterparty of a Freightment THis Charterparty of Freightment indented made the c. by R. H. and A. N. Owners of the good Ship called the H. of London of the burthen of c. now riding in the River of Thames whereof is Master under God I. P. of the one part and H. S. of th' other part witnesseth That the said Owners have granted and letten to Freight to the said H. S. the aforesaid Ship and that the said H. S. hath hired her for a Voyage to be made with her by Gods Grace in manner and form following viz. the said Owners covenant and grant by these presents to and with the said H. S. his c. that the said Ship with the first and next good Wind and Weather that God shall send after the first day of c. shall depart from the said River of Thames and directly sail to B. in the Realm of France with such Goods Wares and Merchandizes as the said H. his Factor or Assigns before the said Feast-day of c. next coming shall think good to charge and lay in her viz. so much as she may reasonably carry and being arrived and come to the said Port of B. or so nigh to the same as she safely and conveniently may come shall there tarry by the space of thirty dayes next after her arrival as well there to discharge and unlade such Goods and Merchandizes as shall be so freighted and laden in her as aforesaid as also to receive her full lading of such Goods Wares and Merchandize as the said H. S. his Factor or Assigns shall think good viz. as much as she may reasonably carry within which time and days above limited and appointed the said H. S. covenanteth and granteth by these presents to discharge and relade or cause to be discharged and relade the aforesaid Ship in manner and form aforesaid Which Ship so being able the said Owners convenant and grant by these presents that she shall with the first and next good Wind and Weather next after that she shall be reladen as aforesaid depart and return from B. aforesaid and by Gods Grace directly sail and come to the Port of the City of London or as nigh the same as she can safely come where she shall tarry by the space of c. after her arrival there to make her right discharge And the said H. S. covenanteth c. within the space oâ— c. next after the arrival of the said Ship at the Port of the City o London as well to receive or cause to be received the Ships lading as also to content and pay or cause to be paid unto the said Owners their Executors or Assigns the sum of c. for the freight and lading of the said Ship both outwards and homewards at the place of the right discharge of the said Ship together with average poynage and petty lodenage and all other Duties due and accustomed according to the use of Eastern Ships And the said Owners covenant and grant by these presents to warrant and prepare the said Ship strong and stanch both above and beneath and well sufficiently tackled and apparelled with Masts Sails and Sail-yards Anchors Cable-Ropes Cords Guns Powder Shot and all other Instruments Munitions Artillery Furniture Tackling and Apparel necessary and
c. to Eliz. her Sister in trust c. THis Indenture Tripartite c. between T. Geo. Esquire Son and Heir of Sir Tho. G. of c. Knight of the first part Ph. E. single woman and Daughter of c. of the second part and Eliz. B. Sister of the said Ph. B. of the third part witnesseth That whereas there is a Marriage agreed upon and shortly by Gods Grace to be had and solemnized between the said T. G. and the said Ph. B. and whereas the said P. B. is and standeth possessed and interessed in certain Leases Moneys Jewels Debts Goods and Chattels and whereas also the said T. G. by reason of the present distractions of the times is not able presently to assure unto the said P. B. such Joynture as is agreed on to be assured to her witnesseth now further this present Indenture that it is covenanted granted condescended unto and agreed upon by and between all the said Parties to these presents in manner and form following that is to say the said P. B. by and with the consent and good will of the said T. G. Party to these presents testified by being party and putting his Hand and Seal to one or more parts of this Indenture hath granted aliened assigned and set over and by c. unto the said Eliz. B. all such Mannors Messuages Lands Tenements Rents Services and Hereditaments whatsoever situate lying and being in c. or else-where in England whereof or wherein she the said Phil. is or standeth possessed or interessed and all her Estate Right Title Interest Claim and Demand whatsoever in and to the same Mannors Messuages Lands Tenements and Premises and every or any part thereof together with all Leases Deeds and Writings touching the same premises and every part thereof To have and to hold the said Mannors Messuages Lands Tenements and Premises and every part and parcel thereof with the appurtenances to the said Eliz. B. her Executors Administrators and Assigns from henceforth for and during all the respective time and times term and terms as she the said P. B. hath or ought to have thereunto to come and unexpired and also the said Ph. B. by and with the like consent and agreement of the said T. G. party to these presents testified as aforesaid hath granted and delivered and by c. to the said Eliz. B. all her Jewels Moneys Bonds Specialties Debts and other Goods and Chattels whatsoever before hereby mentioned meant or intended to be granted and delivered and every part and parcel thereof with the appurtenances to the said Eliz. B. her Executors Administrators and Assigns to the uses intents or purposes hereafter in these presents mentioned and declared and it is expressed and declared to be the true intent and meaning of all the said parties to these presents that the several Grants herein before made to the said Eliz. B. are so to her made upon trust and confidence in her reposed as well by the said T. G. Party to these presents as the said P. B. that in case the said Marriage take effect and that the said T. G. shall during the Coverture between him and the said Ph. cause to be assured by good and sufficient wayes and means in the Law to the said Ph. for her life and after her death to the Heirs of her body by the said T. party c. to be begotten the Mannors Messuages Lands Tenements and Hereditaments situate lying and being in the Counties of Wilts and Gloucester or either of them of the clear yearly value of 250 pounds of c. over and above all Rents Charges Deductions and Reprizes or that after such Marriage solemnized if the said Ph. shall happen to depart this transitory life before the said T. G. and before such assurance made as aforesaid which shall first happen she the said Eliz. B. her Executors Administrators and Assigns shall and will upon the reasonable request and at the costs and charges in all things of the said T. G. his Executors c. not only grant assign and set over to the said T. G. party c. his Executors c. all the said Mannors Messuages Lands Tenements Hereditaments and Premises before hereby granted or assigned by the said Ph. B. to the said Eliz. B. as aforesaid for all such time and times term and terms respectively as shall be then therein to come and unexpired discharged of all other Grants and Incumbrances made or done by the said Elizabeth except such as she shall make or do by consent of the said T. G. his Executors c. but also grant and re-deliver to the said T. G. his Executors or Assigns all such Moneys Jewels Bonds Specialties Debts and other Goods and Chartels whatsoever as in the mean time shall come to the hands of the said Eliz. her Executors c. by force of these presents and which shall remain or be in her or their hands custody or possession by the true meaning hereof and also that in such case she the said Elizabeth her Executors c. shall from time to time in the mean time after Solemnization of the said Marriage pay and deliver to the said T. G. all such Rents Issues and Profits of the said Mannors Lands Tenements Moneys and Debts as shall come to her or their Hands or Custody and also upon further trust and confidence in the said Elizabeth B. reposed that in case the said Marriage take effect and the said T. G. happen to depart this transitory life before the said P. B. and before he shall have assured or caused to be assured to the said P. B. any Mannors Messuages Lands Tenements or Hereditaments of the value aforesaid and in form aforesaid that then in such case she the said Elizab. B. her Executors c. shall and will not only re-grant re-assign and set over to the said Ph. B. all the said Mannors Messuages Lands Tenements and Premises before hereby granted or assigned by the said Ph. B. as aforesaid for all such time and times term and terms respectively as shall be then therein to come and unexpired discharged of all other Grants and Incumbrances made or done by the said Elizabeth B. her Executors c. except such as she shall make or do by the consent of the said P. H. but also re-grant and re-deliver to the said Phil. her Executors or Assigns all such Moneys Jewels Bonds Specialties Debts and other Goods and Chattels whatsoever as in the mean time shall come to the Hands or Custody of the said Eliz. her Executors or Assigns by force of these presents and which shall remain or be in her or their Hands Custody or Possession by the true meaning of these presents and the said T. G. for himself his Executors c. doth covenant promise grant and agree to and with the said Eliz. B. her Executors c. by these presents that neither he the said T. G. nor his Heirs c. nor any other person or persons claiming
or Indentures such or so much of the said Mannors Lands Tenements Hereditaments and Premises whereof he shall be then so seized in possession of such Estate as aforesaid or any part thereof chargeable and charged nevertheless with the liberties and powers herein contained and with the terms and estates hereof thereby or in pursuance thereof made or raised unto any person or persons whatsoever in possession for any number of years not exceeding the number of Twenty one years from the making thereof in possession or for the term of three lives or for any fewer number of years or lives or for any number of years determinable on three lives or any fewer number of lives in possession so as upon every such Demise Lease or Grant so to be made as aforesaid there be reserved respectively such Rents and Services as at any time within the space of Seven years last past before the date of these presents have been reserved for the same or more or greater Rent payable for the same during the continuance of every such several or respective Demise or Lease so to be made as aforesaid to such person or persons as by force of these presents shall or ought to have the immediate Reversion or Remainder thereof and that immediately from and after every or any such time as any such several and respective Demise Lease or Grant shall be made as aforesaid the recovery and recoveries and every of them shall be and enure and shall be taken to be and enure and the said Recoverer and Recoverers in the said Recovery named and every of them their and every of their Heirs and all and every other person or persons which at any time hereafter shall be seized of such parts and parcels of the premises as shall be demised or leased as aforesaid shall stand and be seized thereof and of every part thereof to the use and behoof of such several and respective person and persons to whom any such Demise or Lease shall be so made as aforesaid their several and respective Executors Administrators and Assigns to such several and respective estate and estates term and terms and such manner and form as in such several and respective Demises or Leases to be made as aforesaid shall be mentioned and expressed subject to the Rents Covenants Conditions Provisoes and Agreements as therein shall be severally and respectively contained and expressed and of the Reversion and Reversions Remainder and Remainders thereof to the use of such person or persons as by force of these presents shall or ought to have the immediate Reversion or Remainders thereof any thing c. Provided alwayes and it is c. and the true intent c. is that it shall and may be lawful to and for the said Richard Herbert party to these presents at any time or times after the decease of the said Edward Lord Herbert during his natural life by Indenture Deed or Writing to be by him the said Richard Herbert party to these presents sealed and subscribed in the presence of two or more credible Witnesses to make any Lease or Leases Demises or Grants of all or any part of the said Mannors Lands Tenements and Premises with their appurtenances as well those within this Realm of England and the Principality of Wales as those within the said Kingdom of Ireland except such of the Mannors Lands Tenements and Premises in the said County of Monmouth as shall be limited to or for the Joynture of such wife or wives as the said Edward Lord Herbert shall hereafter marry for and during the life or lives of such Wife or Wives only for the term of 21 years or under or for one two three or more lives or for any number or term of years determinable upon one two three or more lives in possession or reversion or otherwise with reservation of Rent or without reservation of Rent at his and their will and pleasure unto any person or persons subject nevertheless to the use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert his Heirs and Assigns in manner aforesaid upon trust for the raising of the several portions herein after mentioned for such Daughter and Daughters as the said Richard Herbert Son of the said Edward Lord Herbert shall happen to have and not otherwise Provided that is to say if one Daughter only then for the raising of 3000 l. for that Daughter if more than one Daughter then for the raising of 2000 l. apiece for each and every one of the said Daughters and that all or every such Lease or Leases Demises or Grants so to be made as aforesaid shall stand and be good and effectual in the Law to all intents and purposes and that the said Recovery and Recoveries so as aforesaid or in any other sort to be had and suffered and the Recoverer and Recoverers therein named his and their Heirs shall stand and be seized of and in such part and so much of the Mannors Messuages Lands and Premises with the appurtenances as shall be so demised or leased as aforesaid and every part thereof except as is before excepted to the use of such person and persons his and their Executors Administrators and Assigns to whom such Demises Leases or Grants shall be so made as aforesaid for and during such Leases Estates and Terms as shall be so demised and granted as aforesaid subject nevertheless to the said use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert his Heirs and Assigns in manner aforesaid Provided also and it is c. and the true intent c. that it shall and may be lawful to and for the said Richard Herbert party to these presents from time to time and at all times during his natural life by any his Deed or Deeds Writing or Writings indented or poll to be by him the said Richard Herbert party to these presents signed sealed and delivered in the presence of two or more credible Witnesses to revoke annihilate frustrate and make void all or any of the use or uses estate or estates or limitations herein before limited declared and appointed of for or concerning any three plough-Plough-lands of the premises in the Kingdome of Ireland not exceeding in the whole the clear yearly value of 150 l. per annum over and above all Charges and Reprizes other than the use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert and his Heirs in the manner aforesaid and other than the use herein before limited to the said Edward Lord Herbert for his life and that then and from thenceforth the use and uses estate and estates and limitations herein before declared limited or appointed of for or concerning such of the last mentioned premises for or concerning which any such nomination shall so be had or made other than the uses herein before limited to the said Edward Lord Herbert and Edward Son of the said
limit ordain or appoint And from and after the end expiration surrender or other determination of the said term or terms of _____ years as they shall severally end and determine then to the use and behoof of such person and persons and for such estate and estates and for such part and parcel as the said T. Lord W. shall by his last Will in writing in presence of two credible witnesses or more appoint limit or declare Provided alwayes and the true intent and meaning of the said T. Lord W. and of all the parties to the said Recovery and Fine and of the parties to these presents and every of them before and at the several and respective times of the suffering of the said Recovery and the acknowledging and levying of the said Fine was and yet is and is hereby so expressed published and declared that notwithstanding any thing herein before contained it shall and may be lawful to and for the said T. Lord W. from time to time Power to make Leases and at all times for and during his natural life at his will and pleasure either by act or acts in writing under his hand and seal to be sealed and signed before two or more witnesses of credit and executed in his life-time or by his last Will and Testament in writing by him to be sealed subscribed and published before two or more such witnesses to give grant or make any lease or leases for life lives or years of all or any of the said Mannors Lands Tenements Hereditaments and Premisses or any of them other than during the life of the said Lady K. of the said chief Mansion-house called H. house and so much of the Demesnes Lands Tenements and premisses next adjoyning to the said Chief Mansion-house as shall amount to the clear yearly value of one hundred fifty pounds over and above all charges and Reprizes Or to charge the premisses to secure moneys to be hereafter borrowed Upon which lease or leases the accustomed or greatest yearly Rent or value heretofore paid for the said premisses or more shall be reserved or to charge the same premisses or any parcel thereof except before excepted and for the time aforesaid with any Rent or Rents Annuity or Annuities Recognizance or Recognizances in the nature of the Statute-Staple or Merchant or by or with any other Recognizance or Recognizances Judgment or Judgements of what nature soever for the assurance of payment of any Sum or Sums of money which he the said T. Lord W. either hath taken up or borrowed or shall hereafter receive take borrow or contract for of or with any person or persons for or to his use or otherwise or for the securing of any person or persons who now is or are or stand or that at any time hereafter shall stand or become bound for him the said T. Lord W. or otherwise at his free-will and pleasure and that the said Recovery Fine and Fines and other Acts and Assurances shall be and enure and the said Recoverors and parties to the foresaid Recovery and the Cognizees and parties to the said Fine and the parties takers thereby and their heirs and all and every other person or persons who now are or stand or hereafter shall be or stand seized of the said Mannors Lands Tenements Hereditaments and premisses by force or under the said Recovery and Fine or either of them and his anâ— hâ—r heirs shall stand and be seized of all or so much of the said Mannors Lands Tenements Hereditaments and premisses and every parcel thereof with the Appurtenances which is or shall be so given granted leased charged or disposed of from and after such gift grant lease charge disposition or other Act or Acts to such uses intents and purposes and to the use of such person and persons to whom such gift grant lease charge disposition or other Act or Acts hath been or shall be made as aforesaid and to the use intent and purpose that the party and parties to whom any Rent or Rents Annuity or Annuities Recognizance or Recognizances Statutes Judgements or other charges already granted or hereafter to be granted made or charged of upon or out of the said Mannors Lands Tenements Hereditaments and premisses or any parcel thereof by the said T. Lord W. shall and may duly have levy perceive take and enjoy the fruit benefit and effect of the same lease and leases Rent and Rents and other charge and charges according to the purport intent and true meaning of the said grant and grants lease and leases Recognizance and Recognizances Judgment and Judgments charge and charges and every or any of them any thing in these presents before contained to the contrary thereof notwithstanding Provided and it is further hereby Covenanted To make void the said uses granted condescended agreed published and declared by and between all and every of the foresaid parties That the true intent and meaning as well of the foresaid Recovery as of the said Fine and of all and every of the respective parties to the same and to these presents alwayes was and is that it should and might and shall and may be lawful to and for the said T. Lord W. from time to time at any time or times during his life by his writing or writings by him to be signed or sealed in the presence of three witnesses of Credit or more or to be inrolled in any of the Courts of Record of our Soveraign Lord the Kings Majesty his Heirs or Successors to signifie or declare that his Will and Pleasure is That all or any of the use or uses estate or estates in Possession Reversion or Remainder limited appointed raised created or implyed in or by these presents shall cease determine be void or revoked of for touching or concerning all or any of the said Mannors Messuages Lands Tenements Hereditaments and premisses or any of them or concerning any part or parcel of them or any of them And that then and from thenceforth all and every of the said use and uses estate and estates in possession Reversion or Remainder so signified and declared to cease determine be void or revoked shall then and from thenceforth cease determine and be utterly void and revoked according to the true intent and meaning of the said T. Lord W. so as aforesaid to be signified and declared other than such lease or leases estate or estates or charges which he the said Lord W. hath or shall make â—ay or charge of or upon any of the premisses for satisfying debts or for valuable Consideration in money or otherwise by force of the foresaid Proviso in these presents before expressed And also that then and from thenceforth at all time and times after such signification or significations declaration or declarations so to be made it shall and may be lawful to and for the said T. Lord W. at any time or times during his life To create nâ—w uses so oft as he shall think
Copy-hold Lands at the time of the making and perfecting of the said Surrender Discharged of Incumbrances shall be and so at all times for ever hereafter shall continue unto the said J. P. his Heirs and Assigns clearly discharged or otherwise sufficiently saved and kept harmless of and from all former charges estates titles troubles surrenders forfeitures and incumbrances whatsoever made committed suffered or done by the said T. C. deceased his heirs or assigns or by the said E. S. his heirs or assigns or by the said Dame S. S. or by any other person or persons by or with their every or any of their means assent title interest act sufferance or procurements And the said Dame S. doth covenant c. That the said Copy-hold Lands and Premisses before mentioned to be granted and assigned as aforesaid That the Lands are of a certain value per annum now are of the clear yearly worth and value of 20 l. by the year above all rents charges and reprises and so are and be now well worth to be let or set and that the same Close shall from time to time hereafter so remain be and continue of the yearly value aforesaid unto the said J. P. his c. during the term and continuance of the said everal mentioned or recited Leases and either of them A Bargain and Sale of Swans and Swan-mark TO all Christian People to whom this present writing shall come A. B. of c. sendeth greeting c. Know ye That I the said A. B. for divers good causes and considerations me in this behalf specially moving have given and granted and by this my present writing do give grant and confirm unto C. D. of c. all those my Swans and Signets and game of Swans and Signets white and grey marked with the ragged-staffe swimming remaining and being in upon or about the River of W. in the County of c. or in upon or about any other Rivers Brooks waters or places within the same County of c. or elsewhere wheresoever And all rights royalties priviledges preheminences profits and commodities whatsoever to the same Swanners and Signets and game of Swanners and Signets or any of them in any wise belonging incident or appertaining together with the Swan-mark aforesaid To have and to hold the said Swans and Signets and game of Swans and Signets and Swan mark aforesaid with their rights and appurtenances whatsoever unto the said C. D. his heirs and assigns for ever in as large ample and beneficial manner and form as I the said A. B. or any my Ancestors ever have held held or enjoyed or might or ought to have had held or enjoyed the same In witness c. A Bargain and Sale of under-wood THis Indenture made c. between c. Witnesseth That the said A. B. for and in consideration of the Sum of c. whereof c. hath bargained and sold and by these presents doth bargain and sell unto the said C. D. and all and singular Woods and Under-woods growing and being within the Grove called W. grove and the hedge of the same containing by estimation sixteen acres be it more or less lying and being in the Parish of D. in the County of H. and also all the lops and shreds of all such Trees being within the said grove called W. as have been usually lopped at the selling of the Under-wood growing within the said grove except and alwayes out of this present Sale reserved unto the said A. B. his heirs and assigns all manner of Trees whatsoever other than under-wood now growing or being in or upon the same grove or any parcel thereof To have and to hold the said underwoods lops and shreds before by these presents bargained and sold except before excepted unto the said C. D. his Executors and Assigns to his and their only proper use and behoof And the said A. B. doth covenant c. That he the said C. D. his Executors and Assigns at his and their liberty and pleasure shall or may peaceably and quietly have hold take and enjoy the said Underwoods and enter into the said grove and every part and parcell thereof there to fell hew and cut down all and singular the said woods and under-woods and hedge-rowes at all seasonable times in the year from the day of the date hereof untill the c. and the same so felled hewed and cut down with his and their or any of their horses carts and carriages to bear load carry and convey from thence to any other place or places at his and their liberty and pleasure at all time and times during the space of three years by all convenient ways thereunto now used and accustomed without any lawful let contradiction c. And the said C. D. doth covenant c. That he the said C. D. his Executors and Assigns shall and will at every felling which he or they shall make of the said woods under-woods and trees leave standing and growing in and upon the premisses so many competent and sufficient standards staddels and stories as by the laws and statutes in that case provided is or ought to be left and also shall and will at his and their own proper costs and charges make good all hedges and fences about the young Springs of the said Wood for the safe keeping thereof from hurt and spoil of Beasts and Cattel according to the Custome of the County there In witness c. A sale of Billets and Wood or Timber THis Indenture made c. between T. C. R. W. and G. M. of the one part c. and J. B. and R. W. c. on the otherparty witnesseth That the said c. for the considerations here under mentioned have bargained and sold and by these presents do fully and clearly bargain and sell unto the said c. Ten thousand loads of good merchantable and lawful Western Billets at and after the rate and price of three shillings and six pence the load and also five hundred loads of good merchantable sound and well squared Oken Timber accompting fifty foot to every load at and after the rate and price of ten shillings the load with such deductions and defalcations out of the same several prises as is here under expressed and the same Billets and Timber to be delivered at such places and times and in such manner and form as here-under is mentioned and the said c. to and with c. That they the said T. W. and G. or some of them their c. shall and will and truly deliver or cause to be delivered to the said c. all and every the said Ten thousand loads of Billets and five hundred loads of Timber of the kinde and goodness aforesaid to the proper use of them the said c. free and discharged of all manner of charges and incumbrances whatsoever and allowances water carriage onely excepted at and upon some Wharfe or Wharfes in Henly upon Thames and
of the said Sons and the Heirs males of his body being ever preferred before the younger of the said Sons and the Heirs males of his body and for default of such Issue to the use and behoof of Edward Herbert second Son of the said E. Lord H. and of the Heirs males of his body lawfully begotten or to be begotten and for default of such Issue to the use and behoof of the Heirs males of the body of Richard Herbert Esquire deceased Father of the said Edward Lord Herbert lawfully begotten and for default of such Issue to the use and behoof of the Heirs males of the body of Edward Herbert Grand-father to the said Edward Lord Herbert and for default of such Issue to the use and behoof of the right heirs of him the said Richard Herbert Son of the said Edward Lord Herbere for ever And as for and concerning the Mannors Lordships Messuages Mills Lands Tenements Orchards Gardens Tosts Crofts Meadows Leasows Pastures Feedings Woods Under-Woods Rents and Hereditaments whatsoever of the said Edward Lord Herbert and Richard Herbert his Son or either of them with their and every of their appurtenances in the said County of Anglesey to the use and behoof of the said Jo. Earl of Bridgewater and Edward Herbert party to these presents and of their Heirs and Assigns for ever upon trust and confidence nevertheless and to the end intent and purpose that they the said John Earl of Bridgewater and Edward Herbert party to these presents and the Survivor of them and his Heirs shall and will at his and their free will and pleasure sell convey and assure the said Mannors Lands and Premises in the said County of Anglesey and every part thereof for the best benefit profit and advantage which shall or may be bona fide had or gotten for the same and that the money to be raised by every or any such sale and as every such sale shall be made shall be forthwith paid and disposed of as followeth that is to say out of the money that shall be raised by sale of such of the premises in the said County of Anglesey as were the Lands of Dame Herbert late of c. there shall be forthwith and in the first place so much money paid to the said Edward Lord Herbert his Executors or Administrators as according to the true yearly value of those Lands shall come to five years and an half purchase and the residue of the monies that shall be raised by the sale of the same Lands which were the Lands of Dame Herbert late of c. shall be disposed of for and towards the payment and of the Debts of the said Richard Herbert party to these presents and sums of money mentioned in the Schedule hereto annexed as the said Jo. Earl of B. and Richard H. party to these presents or the Survivors of them shall think fit and of the money that shall be raised by the sale of the residue of the said Mannors Lands and Premises in the said County of Anglesey there shall be forthwith and in the first place so much paid to the said Ed. Lord Her his Executors or Administrators as according to the yearly value of the same Mannors c. shall come to sixteen years purchase and if those Mannors and Lands shall be sold for more than sixteen years purchase then the one moyety of such surplusage if any shall be shall be forthwith and in the first place paid to the said Ed. L. H. his Executors or Administrators and the other moyety thereof shall be disposed of for and towards the payment of such of the Debts of the said Richard Herbert party to these presents and sums of money mentioned in the said Schedule as the said John Earl of B. and Edward Herbert party to these presents or the Survivor of them shall think fit and the over-plus thereof if any shall be shall be paid to the said Richard Herbert or to such other person or persons as he the said Richard Herbert party to these presents by any writing under his Hand and Seal shall direct nominate appoint to be disposed of in the buying of Land to be estated in the same manner as the Lands in the said C. of Carnarvan are by these presents limited and for want of such direction nomination or appointment to the Executors or Administrators of the said Richard Herbert party to these presents the further trust intent and meaning of these presents and the parties hereunto-being that the said Edward Lord Herbert his Executors Administrators or Assigns shall or may have receive and take to his and their own proper use all and singular the Rents Issues Revenues and Profits of the said Mannors Lands and Premises hereby limited and intended to be sold until sale be thereof made as followeth Provided alwayes and it is hereby declared and agreed by and between all and every the said parties to these presents and the true intent and meaning of these presents is That it shall and may be lawful to and for the said Ed. L. Her paying to Sir Richard Eaton of Newport in the County of Salop Knight his Executors and Administrators to be disposed according to the trust hereafter mentioned the sum of 1000 l. of good and lawful money or such less sum of money as the said Jo. Earl of Bridgewater and Edward Herbert party to these presents or the Survivor of them shall think fit appoint at any time or times during the term of his natural life by Indenture or by any Deed or Deeds Writing or Writings to be by him the said Ed. Lord Herbert sealed and subscribed in the presence of two or more credible Witnesses to declare limit and appoint all or any the said Mannors Messuages Lands Tenements Rents Hereditaments and Premises with their appurtenances in the said County of Monmouth the said Capital Messuage called by the name of St. Julians and the Lands late in the tenure or occupation of John Morgan Esquire and the Lands and Tenements whereof the use is herein before limited to the said Richard Herbert party to these presents or the Survivor of them in possession alwayes excepted and reserved to and for the Joynture of any wife or wives which he the said Edward Lord Herbert shall hereafter happen to marry for and during the natural life and lives of such wife and wives or for any number or term of years determinable upon her or their life or lives the same to take effect after the death of the said Edward Lord Herbert and that then and so often and from thenceforth the said Recovery or Recoveries shall be and enure and the Recoverer and Recoverers therein named his and their heirs shall stand and be seized of and in the said Mannors Messuages Lands Tenements and Hereditaments in the said County of Monmouth with their rights members and appurtenances or of or in so much or such part thereof of for and concerning the which such Indenture Deed
of c. Knight by his Obligation bearing date the day of the date above-written is and standeth bound unto the above-named R. N. in the sum of c. for the true payment of c. on the c. next ensuing the date above written at or in c. as by the same Obligation may appear And forasmuch as the said R. N. hath credited the said F. C. for the said sum of c. at the request of the above-bound A. M. and upon his the said A. M's promise and undertaking to pay unto the said R. N. his Executors Administrators or Assigns the said sum of c. within three moneths next after the day of c. with consideration for the forbearance thereof after the rate of 8 l. per cent in case the said Sir F.C. his Executors Administrators or Affigns do not pay the said c. on the said c. next coming if therefore the said F. C. his Executors Administrators or Assigns do not well and truly pay or cause to be paid unto the said R. N. his Executors Administrators or Assigns the said sum of c. on the said c. next following and at the place of payment aforesaid then if the said A. M. his executors administrators or assigns do not well and truly pay or cause to be paid unto the said R. N. his Executors Administrators or Assigns the said Summe of c. on the said c. then next ensuing and at the place and payment aforesaid he the said R. N. his executors administrators or assigns upon the payment or receipt thereof delivering up unto the said A. M. his Executors Administrators or Assigns the said Obligation wherein the said F. B. standeth bound unto him as aforesaid that then c. A Condition that if the Obligee do not receive the sum of c. of the c. according to a Letter of Attorney then the Obligator to pay the said sum in the c. next after THe Condition c. That whereas the above-bound T. P. hath by Deed or Letter of Attorney bearing date the day of the date above-written authorized and appointed the above-named G.M. to ask and receive of and from the Commissioners appointed for the payment of Moneys to Souldiers the full sum of 17 l. of c. as by the same Letter of Attorney may at large appear If therefore the said G. M. his executors administrators or assigns shall not receive the said sum of 17 l. from the said Commissioners on or before the c. next ensuing the date within-written then if the said T. P. his Executors Administrators or Assigns do well and truly pay or cause to be paid unto the said G. M. his Executors Administrators or Assigns the said sum of 17 l. c. on the c. next ensuing the date above-written at c. without fraud or coven that then c. A Condition for payment of Money within ten dayes next after delivery of assurance of Land THe Condition c. That if the within-bound K.T. his Heirs Executors Administrators or Assigns or any of them do pay or cause to be paid unto the within-named H. E. the full summe of 100 l. within ten dayes next after that he the said H E. or his Heirs shall make and deliver or cause to be made and delivered unto the said I.T. or his Heirs a good perfect and lawful assurance in the Law in Fee-simple of and in certain Lands Tenements and Hereditaments lying and being in D. or elsewhere in the County of S. amounting in the whole to the yearly value of 40 l. according to the tenor and plain meaning of certain Articles indented bearing date the day of the date of these presents made between the said H. E of the one party and the said I. T. of the other party that then c. A Condition to procure one to seal the Counter-part of an Indenture THe Condition c. That if I. J. Son of the above-bound R.I. do and shall when he shall accomplish the full Age of Twenty one years upon request to him made sign and deliver as his act and deed unto the use of the within-named G. C. and H. C. the Counterpart of one Indenture bearing date c. made between c. and the said Counterpart being so sealed and signed as aforesaid shall deliver or cause to be delivered unto the said G. C. his c. safe whole uncancelled and undefaced that then c. A Condition to permit the Obligee to receive Rents and Tythes to his own house THe Condition c. That if the within-named N.B. his Executors dministrators or Assigns shall and may at all times hereafter and from time to time ask collect gather perceive receive take keep and enjoy to his and their own onely use and behoof all and all manner of rents issues tythes fruits obligations obventions offerings profits commodities and advantages whatfoever they be and of what quality nature kind or condition the same be now belonging or appertaining and now being due or which hereafter shall belong appertain grow or become due to W.A. Clerk as Parson of the Parish-Church of c. out of or belonging to the Parsonage of c. or any parcel thereof of all and every person or persons whatsoever for and during so long time as the said W.A. shall be or of right ought to be Parson of the Parsonage aforesaid and also all and singular arrerages of the premisses without let interruption or disturbance of the within holden R. his Executors Administrators or Assigns or of any other person or persons claiming by of or from the said R. or by his assent means or procurement and also if neither the said R. at any time heretofore hath released nor that he his executors nor administrators at any time hereafter shall release acquit or discharge the said W. A. his executors or administrators of or concerning any Bond Covenans Authority Contract or Agreement heretofore had or made by the said W. A. to the said N. and R. touching or concerning the premisses or any of them nor do any act or acts whereby or by reason whereof the same obligations bonds writings covenants authority contract or agreement or any of them shall in any wise be made frustrate or void And also if the said R. do permit and suffer the said N. to have take and enjoy to his and their own use the whole profit benefit advantage and commodity which shall or may arise or grow for upon or by reason of the said obligations bonds writings covenants authority contract or agreement or any of them that then c. A Condition to save one harmless from all debts that may be duly demanded as Executor of c. and also that one shall seal a Release when she comes to the Age of c. THe Condition c. That if the above-bound E.T. and W.T. their Executors Administrators or Assigns or any of them do and shall at any time
HONI SOIT QUI MAL Y PENSE DIEV ETMON DROIT THE Clerks Guide Leading into THREE PARTS VIZ. I. Of Indentures Leases c. II. Letters of Attorney Warrants of Attorney Mortgages Licences Charter-Parties c. III. Bills Answers Replications Rejoynders in Chancery c. Under which are comprehended The most Usual Forms of Clerkship To which is added A FOURTH PART OF Fines Recoveries Statutes Recognisances Judgements c. Distresses and Replevins Illustrated with CASES and the STATUTES Relating to the same By Tho. Manley of the Middle Temple London Esq London Printed by John Streater Henry Twyford and E. Flesher Assigns of Richard Atkins and Edward Atkins Esquires M.DC.LXXII Cum Gratia Privilegio Regiae Majestatis THE PREFACE TO THE READER HOW various the Pretenders to Clerkship have been in their Resolves we have too many Experiences in Print especially when in the late Times of Vsurpation a general Liberty was admitted which indeed we may call Cacoethes scribendi an inveterated humor of writing rather tending to involve the Clerk in a maze than to lead his Client in a safe and well-beaten Path. It is not the design of this Premonition to beg the Question Others have offered what fitted their capacities This Tract shall shew nothing more than is fit and reduced into such a method as an Easie English Clerk shall be capable of 'T is true some may say Facile est inventis addere but that is not the sole design of this For here is much obliterated that is useless something polished that was unnecessary and much added that is profitable yet it dares not assume the title of Infallible The former Three Parts which are herein offered with many Advantages shall speak for themselves whereto there is now added a Fourth which in this kind you have not met with If the design meet the humor of those it is intended for is fulfilling the purpose However whether it do or no for there is no doubt but the best intent may be quarrelled yet the Vsefulness of the Work upon Perusall will satisfie all men concerned whether they be well dealt with in the Settlements they propose to themselves from Persons they shall entrust or employ when at a cursory view they may find not onely what they would but what they ought to have done Sept. 3. 1672. T. M. Part 1. An Indenture of an Annuity THis Indenture made the twentieth day of c. in the c. between I. S. of Skipton in the County of York Esq of the one part and C. P. of London Esq of the other part witnesseth that the said I. S. for and in consideration of the sum of c. to him before the ensealing and delivery of these presents well and truly contented and paid whereof and wherewith he the said I. S. doth acknowledge and confess himself to be fully satisfied and thereof and of every part and parcel thereof doth clearly acquit and discharge the said C. P. his Heirs Executors and Administrators and every of them for ever by these presents Hath given granted and confirmed and by these presents doth give Grant grant and confirm for him and his Heirs unto the said C. P his Executors and Assigns One Annuity of yearly Rent-charge of Two hundred pounds of lawful Money of England to be issuing and going out of all those the Mannors and Lordships of Stanton c. with all and singular their rights members and appurtenances in the said County of York and out of all and singular the Messuages Cottages Houses Edifices Buildings Barns Stables Orchards Gardens Lands Tenements Meadows Feedings Pastures Commons Moors Marishes Rents Reversions Services Profits Commodities Emoluments and Hereditaments whatsoever with the Appurtenances to the several Mannors or any of them belonging or heretofore had used reputed occupied or enjoyed as part or parcel of them or any of them And also out of all other the Lands Tenements and Hereditaments of the said I. S. within the said County of York To have and to hold perceive receive and take the said Annuity or yearly Rent-charge of c. unto the said C. P. his Executor and Assigns from the day of the date of these presents for and during the full term and time of forty years now next ensuing and fully to be compleat and ended if the said C. P. and R. P. Esq Nephew to the said C. P or either of them shall so long live To be paid at four most usual Feasts or Terms in the year that is to say the Feast of c. by even and equal portions at or in the Church-porch of the Parish-Church of c. And the said I. S. for himself A Covenant to pay 〈◊〉 l. for every day after default in payment of the Rents and to Re-enter his Heirs Executors Administrators and Assigns and for every of them doth Covenant Promise and Grant to and with the said C. P his Heirs and Assigns that if it shall happen the said yearly Rent of c. to be behind and unpaid in part or in all over or after any of the said Feast-days in which the said ought to be paid being lawfully demanded according to the true intent and meaning of these presents That then he the said I. S. his Heirs and Assigns shall and will not onely forfeit and lose unto the said C. P. his Executors or Assigns nomine poenae the sum of forty shillings of lawful money of England for every day the said yearly Rent shall happen to be behind and unpaid in part or in all over or after any of the said Feast-days wherein the same ought to be paid as before is mentioned But also that it shall and may be lawful to and for the said C. P. his Executors and Assigns and to and for every of them from time to time from and after every of the said Feast-days wherein the said yearly Rent or any part thereof should or ought to be paid as before is mentioned into all and singular the said Mannors and into every of them and into all other the Lands Tenements and Hereditaments to the said Mannors or any of them belonging and into all other the premises with all and singular their appurtenances and into every or any part or parcel thereof at his or their or any of their free wills or pleasures to enter and distrain as well for the said yearly Rents as for the said sum or sums of Money which shall or may happen to become forfeited or lost for or in the name of a pain as is aforesaid and for the aâ—â—erages of them and either of them if any shall happen to be and the Distress and Distresses then and there found to lead drive take and carry away and the same to detain and keep until the said C. P his Executors or Assigns shall be fully satisfied contented and paid Covenant that he is seized in Fee and hath power to charge the Premises with this Annuity And the said I.S. for
himself his Executors c. doth covenant and grant to and with the said C. P his Executors c. that he the said I. S. at the time of the ensealing and delivery of these present Indentures is solely rightfully and absolutely seized in his Demeasn as of Fee-simple to his own proper use and behoof without any manner of condition or limitation of any Use or Uses to alter change or determine the same of and in the said Mannors Messuages Lands Tenements Hereditaments and all other the Premises above named with their Appurtenances and of every part and parcel thereof And that he now hath full Power and lawful Authority to charge all and singular the same Premises with the Appurtenances and every part thereof to and with the said Annuity or yearly Rent c. in manner and form above declared And also that the said Mannors Messuages Lands Tenements and all other the Premises now are and so from time to time and at all times for and during the said term of forty years if the said R. and C or either of them shall so long live shall and may remain and continue liable sufficient and avert to and for Distresse and Distresses of the said A and of his Executors or Assigns as the case in that behalf shall require for and concerning the said yearly Rent and other the Premises and every part thereof And the said I. S. for himself c. that he the said I. S his Executors and Assigns shall and will from time to time and at all times hereafter for and during the space of five years next ensuing the date hereof at the reasonable request of the said C. P his Executors and Assigns or any of them at his or their or any of their proper costs and charges in Law do make knowledge and suffer or cause and procure to be done made knowledged and suffered all and every such further reasonable and lawful act and acts thing and things device and devices in the Law whatsoever for the further more better and perfect assurance surety and sure-making of the said Annuity or yearly Rent-charge of c. to the said C. P his Executors and Assigns for and during the said term of forty years if the said C. and R. do so long live according to the true intent and meaning of these presents as by the said C. P his Executors Administrators or Assigns or by any of them or by any of their Council learned in the Law shall be reasonably devised advised or required In witness whereof the Parties aforesaid to these present Indentures have not onely interchangeably set their c. but also the said I. S. hath given and delivered unto the said C. P. ten shillings current English money in the name of seisin of the aforesaid Annuity or yearly Rent-charge of c. before mentioned Dated the day and year above written An Indenture of Lease with extraordinary Covenant THis Indenture made c. between C. B. of c. of the one part and I. S. of Stretton in the County of c. witnesseth That the said C. B. for and in consideration of c. hath demised granted set and to farm-let and by these presents doth c. unto the said I. S. all that his Messuage or Tenement set lying and being in c. aforesaid together with all Houses Edifices Buildings Barns Yards Orchards Crofts Lands Meadows Pastures Feedings Commons Profits and Commodities whatsoever to the said Messuage or Tenement of right in any wise belonging lying within the Town or Fields of Stretton aforesaid All which Messuage or Tenement with all other the Premises are now in the Occupation of the said I. S. except and alwayes reserved out of this present Lease all manner of Trees growing or being in or upon the said Premises or any part thereof to have and to hold the said Messuage or Tenement with all Houses Edifices Buildings Barns Yards Orchards Crofts Lands Meadows Pastures Commons Profits and Commodities with their Appurtenances as is aforesaid except before excepted unto the said I. S his Executors c. from the day of the date of these presents unto the full end and term of 21 years from thence next ensuing and fully to be compleat and ended yielding and paying therefore yearly during the said term unto the said C. B. and the Heirs of his body lawfully begotten and for default of such Issue to the right Heirs inheritable to the Premises the yearly Rent of c. at two of the usual Feasts in the year that is to say at the Annunciation of our Lady and St. Michael the Archangel by even and equal portions and doing service to the Court of the said C. B. his Heirs and others aforesaid at his or their Mannor of S. aforesaid as often as it shall be kept there at or upon reasonable summons or warning as other Tenants of the said Mannor do or should do And at the decease of the said I. S. and such his Assigns as hereafter by him shall be nominated or appointed dying Tenants of the Premises to pay his or their best Beast unto the said C. B and to such as the remainder or reversion of the said Mannor should come unto in the name of a Heriot And if it shall happen the said yearly Rent of c. to be behind or unpaid in part or in all by the space of c. next after any of the said Feasts at which it ought to be paid if it be lawfully demanded that then and from thenceforth it shall and may be lawful unto and for the said C. B. his Heirs c. and all and every other the person or persons above named to whom the Right thereof shall appertain as aforesaid into the said Messuage or Tenement and all other the Premises with the Appurtenances wholly to re-enter and the same to have again retain and re-possess as in his or their former estate this Indenture or any thing therein contained to the contrary in any wise notwithstanding And also it is covenanted and agreed that it shall and may be lawful unto the said I. S. and his Assigns to lop the Trees growing upon any parcel of the Premises heretofore lopped at all times convenient For Reparation for the necessary fencing of the Hedges And the said I. S. doth Covenant and Grant for him his Executors Administrators and Assigns by these presents to and with the said C. B. his Heirs Executors Administrators and Assigns and every of them That he the said I. S. and his Assigns shall and will make and do or cause to be made or done at his or their own proper costs and charges all and all manner of reparations in and upon the Premises before by these presents granted and letten from time to time when and as often as need shall require during the said term of c. and so well and sufficiently repaired shall in the end of the said term or other sooner determination of
same Recognizance c. And whereas also the said I. D. hath extended and to him is delivered in the Execution the Mannor of N. with the appurtenances in the County of c. at the yearly Rent of c. for non-payment of the said sum of c. Now the said I. D. for divers good causes and considerations him hereunto specially moving hath granted assigned and set over and by these presents doth grant assign and set over unto the said VV. D. T. B. G. B. and T. O. all the estate right title interest and demand whatsoever which he the said I. hath by reason of the said extent of in and to the said Mannor of N. with the appurtenances and of in and to every part and parcel thereof and of in and to all singular Messuages Lands Tenements Meadows Leases Pastures Feedings Rents Reversions Services and Hereditaments with the Appurtenances so extended and delivered in execution as aforesaid And the said I. D. for himself c. that he the said I. D. his Executors or Assigns at any time or times hereafter shall not do any act or acts thing or things whereby the said extent and extents or the estate title or interest of the said VV. D. c. or any of them or of the Executors Administrators or Assigns of them or any of them by reason of the said extent may be in any wise hurt hindred impeached discharged undone or made void And further that he the said I. D. his Heirs Executors and Administrators shall and will at the reasonable request costs and charges in the Law of the said VV. D. or any of them do and suffer to be done made and acknowledged all and every such lawful and reasonable act and acts thing and things device and devices in the Law whatsoever for the further assurance surety sure-making and conveying of the premises for and during all the time and term of the said extent and execution unto the said T. B. G. B. and T. O. as by the learned Counsel of them or any of them shall be reasonably devised or advised and required In witness c. An Assignment of a Bond for performance of Covenants TO all Christian People c. I. I. c. sendeth greeting c. VVhereas R. D. of c. by his Obligation bearing date c. became bound unto the said I. I. in the sum of c. conditioned for performance of the Covenants contained in one pair of Indentures of Bargain and Sale of the Inn called K. in C. c. in the c. with certain Lands thereunto belonging which Inn and premises are now by the said I. I. bargained and sold unto M. W. of c. his Heirs and Assigns Now the said I. I. for the better enjoying of the said Inn and other the Lands and Tenements thereunto belonging hath as much as in him is assigned and set over and by these presents doth fully clearly and absolutely assign and set over unto the aforesaid M. VV. his Heirs Executors and Assigns the said recited Obligation and all sum and sums of money therein mentioned and the benefit and advantage thereof to be had or made And the said I. I. for himself c. doth covenant and grant to and with the said M. VV. c. That he said M. VV. his Heirs Executors Administrators and Assigns shall and may in lawful manner at his and their cost and charges in all things from time to time and at all times hereafter sue for levy recover and enjoy all sum and sums of money benefit and advantage whatsoever which shall or may be gotten by vertue force or means of the said recited Obligation in the name of the said I. I. his Executors or Administrators without any manner of non-suit release trouble denial or interruption of the I. I. his Executors or Administrators unless it be by consent of the said M. VV. his Heirs or Assigns in writing first had and obtained And he the said M. VV. for himself c. doth Covenant c. That he the said M. VV. his Executors or Administrators shall and will from time to time and at all times hereafter save and keep harmless the said I. I. his Executors or Administrators and every of them of and from all and all manner of costs and charges to arise by means of any suit upon or by reason of the said Obligation In witness c. A Release of Annuity TO all Christian People c. We N. B. and A. B. of c. send greeting c. Whereas Sir J. B. of c. by his Deed indented bearing date c. for the considerations therein mentioned Recital did give and grant unto W. L. and R. P. of c. one Annuity or yearly Rent of c. to be issuing and going out of all and singular the Mannors Messuages Lands and Tenements called H. and L. within the Parish of c. and out of all the Lands Tenements and Hereditaments with the appurtenances in H. and L. within the said Parish of c. in the said County of c. to have hold receive and enjoy all the said Annuity or yearly Rent of c. to the said W. L. and R. P. their Executors or Assigns for and during the natural life of the said Sir I. B. the said Annuity or yearly Rent of c. to be payable and paid to the said W. and R. their Executors and Assigns during the life of the said Sir I. B. at two Feasts in the year viz. at the Feast of c. at or in the c. as by the same Deed indented thereof made more at large it doth and may appear Sithence which time the said W. L. is dead and the said R. P. him survived And whereas also the said R. P. by his Deed indented bearing date c. for the considerations therein mentioned did demise grant bargain and sell unto the said N. B. his Executors and Assigns the said annuity or yearly rent of c. and every part thereof to have and to hold unto the said N. B. his executors and assigns for and during the term of c. from thenceforth next and immediately ensuing and fully to be compleat and ended if the aforesaid Sir I. B. should so long live as in and by the said Indenture last mentioned more c. Now know ye That we the said N. B. and A. B. for and in consideration of a certain competent sum of lawful money of England to us in hand paid at and before the c. by G. S. and R. G. of c. Esq whereof and wherewith c. have remised released and quit-claimed and by these presents for us and either of us our and either of our executors and assigns and every of us do fully clearly and absolutely remise release and for ever quit-claim unto the said G. S. and R. G. their heirs and assigns and every of them in their or some or one of their full and
parcel thereof Together also with the Counterpart of the said Lease made by the said Sir W.S. to the said C. Cundall as aforesaid To have and to hold the said parcel of Ground Houses Edifices Buildings Reversion Rents and all other the premises before in and by these presents granted bargained sold assigned or set over and every part and parcel thereof with their and every of their appurtenances unto the said R. H. his Executors Administrators and Assigns from henceforth for and during all the rest and residue of the foresaid Thirty years yet to come and unexpired And the said M. F. for himself his Executors and Administrators and for every of them doth covenant promise and grant to and with the said R. H. his Executors Administrators and Assigns and to and with every of them by these presents in manner and form following That is to say that it shall and may be lawful to and for the said R. H. his Executors Administrators and Assigns and every of them from time to time and at all times hereafter for and during the rest and residue of the said term of Thirty years yet to come and unexpired peaceably and quietly to have hold use occupy possess and enjoy the said parcel of Ground Houses Edifices and Buildings and the Rents Issues and Profits thereof shall or may have receive take and convert to his and their own proper use and behoof without the lawful let suit trouble eviction disturbance or interruption of them the said M. F. or H. R. or any of them their or any of their Executors Administrators or Assigns or any of them or of any other person or persons whatsoever lawfully having or claiming or which shall lawfully have or claim any lawful Estate Right Title or Interest of in to or out of the said premises or any part thereof by from or under them or either of them or by reason of their act or acts right title means or procurement other than such as shall claim by force of the said Lease made to the said C. Cundall and also free and clear and freely and clearly acquitted exonerated and discharged by the said M. F. his Executors or Administrators or some or one of them from time to time and at all times during the residue of the said term of Thirty years yet to come and unexpired and well and sufficiently saved and kept harmless of for from touching and concerning the said yearly Rent of Ten pounds reserved upon the said original Lease and by and from the said Wardens Commonalty of the Mystery of Mercers to the said Earl of Exceter as aforesaid as also free of all Incumbrances had made committed suffered or done by them the said M. F. and H. E. and either of them their Executors Administrators or any of them by their or any of their act or acts defâ—ults means or procurement And the said H. E. for himself hiâ— Executors Administrators and Assigns doth covenant and granâ— to and with the said c. his Executors c. and to and with eâ—â—ry of them by these presents That it shall and may be lawful to and for the said R. H. his Executors Administrators and Assigns and every of them from time to time and at all times hereafter for and during the rest and residue of the said term of Thirty years yet to come and unexpired peaceably and quietly to have hold use occupy possess and enjoy the said parcel of Ground Houses Edifices Buildings Rents Reversions and all other the premises before in and by these presents granted bargained sold assigned and set over and every part and parcel thereof with their and every of their appurtenances without the let suit trouble eviction disturbance or interruption of him the said H. E. his Executors Administrators or Assigns or any of them or any other person or persons whatsoever lawfully claiming or which shall or may lawfully claim by from or under him them or any of them or by from or under or by reason of his their or any of their act or acts right title interest means or procurement In witness c. A Lease of divers Lands c. with a Covenant to pay Heriots vpon Death c. with many other substantial Covenants THis Indenture made the c. between Sir H. Oniel of c. Knight of the one part and G. R. of c. Gentleman of the other part Witnesseth That the said Sir H. Oniel as well for and in consideration of a certain sum of Money to him in hand paid as also for divers other good Causes and Considerations him thereunto moving hath demised granted bargained sold and to farm-letten and by these presents doth demise grant bargain sell and to farm-let unto the said G R. all those four Towns or Town-lands commonly called or known or reputed to be known by the several names of Cashall K. E. F c. scituate and being within the Mannor of c. in the County of c. according as the same are bounden meeted or butted by and with the ancient Meets and Bounds thereof and as the said Towns or Townships and every or any of them have been enjoyed by the said Sir H. Oniel or any other his Farmors Lessees or Under-Tenants and now or late in the respective Tenures Possessions or Occupations of the said Sir H. Oniel or his Under-Tenants Farmors Lessees or Assigns of him the said H. O. Together with all and all manner of Houses Edifices Buildings Orchards Garden Yards Lands Meadows Pastures Wayes Waters Water-courâ—â—s Commons Profits Easements Commodities Emoluments and Hereditaments whatsoever to the said four Towns or town-Town-lands them or any of belonging or in any wise appertaining or with them or any of them used occupied or enjoyed And all Rents and yearly Profits and other Duties and Services reserved or payable upon or by reason of any Lease or Leases Demises or Grants heretofore to any person or persons convenanted or made of the premises or any part or parcel thereof and the Reversion and Reversions of the said four Towns or Town-lands and every of them and of all and every the before demised premises depending or expectant or remaining upon any Demises Leases or Grants now in being or at any time pretended to be of the said premises or any part thereof for term of Life or Lives or for term of Years or otherwise howsoever Except and alwayes reserved out of this present Demise and Grant of the said demised premises unto the said Sir H. Oniel his Heirs and Assigns all Timber-Trees Woods and Under-woods now growing standing or being or hereafter to grow stand or to be in or upon the said Towns or Town-lands or in or upon any part or parcel thereof together with all Felons Goods Waifs Estrayes Mines Minerals Priviledges Royalties and Franchises whatsoever to the said Towns or Town-lands or any of them belonging or in any wise appertaining and together also with free ingress egress and regress for taking having
digging receiving selling footing and carrying away the said Timber-Trees Woods or Under-woods or the Royalties Priviledges and Freedoms aforesaid To have and to hold the said Towns or town-Town-lands before mentioned and all other the premises before in or by these presents demised and granted bargained and sold and every part and parcel thereof with their and every of their Appurtenances and the Reversion and Reversions Rents and yearly Profits of the same and of every part and parcel thereof unto the said G. R. his Executors Administrators and Assigns from the Feast-day of All-Saints last past before the date of these presents unto the full end and term of Ninety and nine years from thenceforth next ensuing and fully to be compleat and ended Yielding and paying therefore yearly and for every year during the said term unto the said H. Oniel his Heirs and Assigns the yearly rent or sum of c. of current money of England at the Feasts of Philip and Jacob and All-Saints by even and equal portions as within one and twenty dayes next after any of the said Feasts And if it happen the said yearly Rent to be behind and unpaid in part or in all contrary to the reservation aforesaid and no sufficient distress can or may be found or taken in and upon the said demised premises A demand thereof being by the said Sir H. Oniel his Heirs or Assigns first made That then and from thenceforth it shall and may be lawful to and for the said Sir H. Oniel his Heirs or Assigns or any of them into the said four Towns or Town-lands and all and singular the aforesaid demised premises with the appurtenances or into any part or parcel thereof in the name of the whole to re-enter and the same to claim have again enjoy and re-possess as in his and their first and former estate any thing in these present Indentures contained to the contrary in any wise notwithstanding and the said G. R. A Covenant for new Building Messuages on the demised premises for himself his Heirs Executors Administrators and Assigns and for every of them doth covenant promise and grant to and with the said Sir H. Oniel his Executors Administrators and Assigns and to and with every of them by these presents in manner and form following that is to say That he the said G. R. his Executors c. shall and will within the space of ten years next ensuing the date of these presents at his and their own proper Costs and Charges erect new-build and set up in and upon some convenient part of the premises by these presents demised three Messuages Tenements or Houses fit and convenient for habitation to be so erected of Timber Stone or Brick according to the most usual manner of building now used within the Realm of England and the same being thus built shall from time to time and at all times during the aforesaid term of c. years keep and well maintain in good repair And shall and will likewise from time to time during the said term well and sufficiently repair amend maintain and keep all the Houses Edifices Hedges Ditches Fences and Enclosures in and about the said demised premises or any part thereof in good and sufficient reparations and the said demised premises and every part thereof being so well and sufficiently repaired maintained hedged fenced ditch'd and amended in the end of the said term shall and will quietly leave and yield up unto the said Sir H. O. his Executors Administrators and Assigns And that the said G. R. his Executors Administrators and Assigns and his and their Under-Tenants shall and will from time to time during the said term grind all their several kind of Grain whatsoever that they or any of them A Covenant to pay Heriots shall expend in and upon the said demised premises or any part thereof at the Mill or Mills of him the said H. Oniel And the said G. R. for himself his Executors Administrators and Assigns and for every of them doth further covenant promise and grant to and with the said Sir H. Oniel his Heirs and Assigns and to and with every of them by these presents That he the said G. R. his Executors Administrators or Assigns shall or will well and truly pay or cause to be paid unto the said Sir H. O. his Heirs or Assigns such several and respective Heriots for the said demised premises as are hereafter in these presents mentioned and expressed That is to say upon the death of the said G. R. his Executors or Administrators dying Tenant in possession of the said premises or any part thereof his or their best Beast in the name of one Heriot and upon the decease of every of his or their Lessees Farmor or Under-Tenant of the said premises or any part thereof one half of the value of the price of his or their best Beast in full lieu and satisfaction for the whole Heriot And the said Sir H. Oniel for himself his Heirs Executors and Administrators and for every of them doth covenant promise and grant to and with the said G. R. his Executors Administrators and Assigns and to and with every of them by these presents That it shall and may be lawful to and for the said G. R his Executors Administrators and Assigns and his or their Lessees Farmors and Under-Tenants from time to time and at all times hereafter during the said term to have and take in and upon the said demised premises competent and sufficient House-boot Plough-boot Cart-boot Hedge-boot and Fire-boot to be spent expended and imployed in about and upon the same premises and not else-where And the said Sir H. Oniel for himself his Heirs Executors and Administrators and for every of them doth further covenant promise to and with the said G. R. his Executors Administrators and Assigns and to and with every of them by these presents in manner and form following That is to say That the said Sir H. Oniel is and standeth lawfully seized of and in the said four Towns Town-lands or Townships before-mentioned in these presents and of and in all other the demised premises with their appurtenances of such good perfect and lawful estate of inheritance in Fee-simple as that he the said Sir H. Oniel hath in himself good Right full Power and lawful Authority hereby to demise grant bargain sell and to farm-let the said four Towns or Town-lands before mentioned and all other the promises aforesaid with their and every of their appurtenances into the said G. R. his Executors Administrators and Assigns fâ—r such term of years and in such manner and form as is herein before mentioned and expressed And for the further and better securing and confirming of the said four Towns or Town-lands and other the premises with the appurtenances unto the said G. R. his Executors Administrators or Assigns for and during the term aforesaid and in manner and form as is aforesaid according to the true intent and
said A. B. J. P. and J. G. and their Heirs and Assigns and to and with every of them by these presents That the said V. W. and his Heirs shall and will from time to time and at all times hereafter during and within the c. years next ensuing the date of these presents upon the reasonable request and at the costs and charges in the Law of the said V. W. his Heirs or Assigns or any of them do make acknowledge levy execute and suffer or cause to be made done levied acknowledged executed and suffered all and every such further and other lawful and reasonable act and acts thing and things device and devices conveyance and conveyances assurance and assurances in the Law whatsoever for the further more perfect and better assurance surety sure-making conveying and assuring of the said Mannor Advowson Messuages Lands Tenements and Hereditaments and all and singular the premises with their and every of their appurtenances unto the said A. B. J. P. and J. G. their Heirs and Assigns to the uses intents and purposes and under the conditions provisoes and limitations before mentioned expressed and declared and to and for none other use intent purpose whatsoever Be the same by one or more fine or fines with proclamations to be levied and executed in due form of Law Feoffment or Feoffments Recovery or Recoveries with single double or treble Voucher or Vouchers Deed or Deeds Enrolled or not Enrolled the enrolment of these presents Release Confirmation with warranty as aforesaid or otherwise without warranty or by all every or any of the aforesaid wayes or means or by any other lawful and reasonable wayes or means whatsoever as by the said A. B. J. P. and J. G. the Survivor or Survivors of them his or their Heirs or Assigns or as by his their or any of their Council learned in the Law shall be reasonably devised or required which said Fine or Fines Feoffment or Feoffments Recovery or Recoveries and assurances whatsoever had made and executed or hereafter to be had made and executed by the said V. W. his Heirs and Assigns or by any other person or persons whatsoever touching and concerning all and every or any of the premises with their and every of their appurtenances and every part and parcel thereof shall be and enure and shall be adjudged demised construed and taken to be and enure to the uses intents and purposes before in and by these presents limited expressed and declared and to and for none other use intent or purpose whatsoever any former or other Declaration of use or uses to the contrary thereof in any wise notwithstanding Provided nevertheless and upon the condition and it is covenanted declared and agreed by and between all and every the Parties to these presents their Heirs and Assigns and every of them respectively by these presents That it shall and may be lawful to and for the said V. W. at any time or times hereafter during his natural life by his Deed or Deeds indented to be by him sealed and delivered in the presence of three or more credible Witnesses by and with the consent and approbation of the said A. B. J. P. and J. G. or of the Survivor or Survivors of them his or their Heirs or Assigns testified in Writing under their Hands and Seals to alter change revoke determine or make void all or any the Estate or Estates Use or Uses before by these presents limited and appointed except onely the Uses before hereby limited and appointed to or for the Joynture of the said F. as aforesaid and that from and after such alteration change revocation determination or making void thereof or of any part thereof these presents and all other assurances in the Law whatsoever shall be and enure and shall be adjudged deemed construed and taken to be and to enure And they the said A. B. J. P. and J. G. and their Heirs and Assigns and their Heirs and Assigns of the Survivor and Survivors of them shall stand and be seized of all and singular the premises except before excepted or so much thereof whereof such alteration change revocation determination or making void shall be had and made as aforesaid to such other use and uses and to the use of such person and persons and for such Estate and Estates and in such sort manner and form as the said V. W. by any Deed or Deeds indented setled delivered and executed in the presence of three or more credible Witnesses by and with such consent and approbation shall declare limit or appoint and from and after such Revocation in default of such Declaration Limitation and Appointment then to the uses intents and purposes before by these presents limited expressed and declared and to and for none other use intent and purpose whatsoever any thing in these presents or in any former or other Declaration of use or uses contained to the contrary thereof in any wise notwithstanding In witness c. A Condition for the payment of Rent Quarterly for Lands held from year to year at the pleasure of the Lessor THe Condition of this Obligation is such That whereas the above-bounden T. H. hath and holdeth from year to year at the will and pleasure of the above named J. M. certain Closes and parcels of Ground lying and being in the Parish of S. above-written in the County of Berks parcel of the Lands belonging to the Tenement there called B. for and under the yearly Rent of c. to be paid quarterly If therefore the said T. H. his Heirs Executors and Administrators or any of them do well and truly pay or cause to be paid unto the said J. M. or to his certain Attorney Executors or Assigns the said yearly Rent of c. at the now dwelling-house of the said J. M. in T. above-written in manner and form as followeth that is to say upon the Four and twentieth day of June next ensuing the date hereof c. upon the Eight and twentieth day of September next also ensuing other c. upon the Four and twentieth day of December next also ensuing other c. other upon the Four and twentieth day of March which shall be in the year of our Lord God c. and c. and so forth quarterly and every quarter the one next and immediately ensuing the other upon the like dayes the sum of c. during all the time and term that the said T. H. and his Assigns shall so hold and enjoy the said Closes and Grounds at the Will of the said J. M. And moreover do from time to time during all the said term at his own Costs and Charges maintain and keep the same premises in good and sufficient Fences and Bounds and in the end of the same time do leave and yield up the same well and sufficiently fenced and bounded without any cavillation That then c. A Sale of the Moyety of Rent reserved by Lease THis Indenture made the
one Messuage and divers parcels of Land Meadow and Pasture to the said Tenement belonging or appertaining lying and being in B. c. found by particular names and quantities and then valued by the said Jurors to be worth c. yearly the moyety of which said Messuages and Premises in B. by particular names and quantities the said Sheriff did then also deliver unto the said T. H. at the rate and apprizement aforesaid To hold to the said T.H. and his Assigns as his Free-hold according to the form of the Statute made on that behalf until the residue of the said Debt of c. should be thereby fully levied as by the said Inquisition more particularly and at large it doth and may appear Which said debt so recovered by the said T.H. and the said Execution thereupon was nevertheless in trust 〈◊〉 the said W. W. party to these presents and was the proper money of the said W. W. assigned to him the said T. H. as part of the Marriage-portion of c. Now witnesseth these presents That the said W. W. and T. H. as well for and in consideration of the sum of c. paid unto the said W. W. as also for divers good Causes and Considerations them thereunto moving have granted assigned and set over and by these presents do grant assign and set over unto the said J. B. all that the said Messuage or Tenement Lands and Premises in C. aforesaid and all the Estate Interest Title and Term of Years yet to come which the said VV. and T. H. hath or either of them hath or have or might have of in or unto the said Messuage Tenement Lands and Premises and every or any part thereof by the said Extent or Inquisition aforesaid or otherwise And also all that the moyety or half-deal or part of the said Messuage or Tenement Lands and Premises in B. aforesaid and all the Estate and Interest which he the said W. W. and T. or either of them have hath or might claim of in or unto the said Messuage Lands and Premises in B. or any part or parcel thereof in as large ample and beneficial manner to all intents and purposes as the said W. W. or T. H. or either of them have hath or might hold claim or enjoy the same c. And the said W. W. and T. H. do severally and not joyntly each one for himself his Executors and Administrators covenant promise and agree to and with the said I. B. his Executors c. that he the said I. B. his c. shall and may from henceforth quietly hold occupy and enjoy all and singular the premises and every part thereof free from any former Grants Charges Assignment and Incumbrances of the premises or any part thereof made by the said W. c. or any claiming from c. And the said I. B. doth likewise by these presents for himself his Executors c. covenant promise and agree to and with the said VV. c. That he the said I. B. his Executors c. shall and will save defend and keep harmless the said VV. VV. and T. H. their Executors c. of and from all manner of Suits Troubles Charges Expences and Sums of Money which the said VV. c. shall be from henceforth at put unto sustain disburse or undergo for or by reason of the said extent or any matter or thing therein contained or that might come to happen to the said VV. c. for or by reason of the Estate which they or either of them had by extent aforesaid or any the premises hereby assigned or by any occasion or reason rising or growing therefrom or by occasion thereof In witness c. A Charter party for a Ships Voyage THis Charter party indented made the c. in the c. between L. K. Master of a Ship or Bark called The Flower-de-luce of P. in the County of D. of the Burthen of one hundred Tuns or thereabouts of the one part and C. W. and B. S. Merchants of c. Witnesseth That the said Master hath demised granted and to fraight-letten and by these presents doth demise grant and to fraight-let unto the said Merchants their Factors and Assigns all that the said Ship or Bark with her Tackling appurtenances and her apparel thereunto belonging or appertaining for and during one whole Voyage with the same Ship to be done and made in manner and form following that is to say the said Master covenanteth granteth and agreeth to and with the said Merchants and every of them That the said Ship or Bark named The Flower-de luce now being pressed and ready within the Port of the said Town of S. shall with the first good Wind and apt Weather as God shall send next after the date hereof make Sail and Sails from thence directly towards and unto the Key of the City of Roan under the Dominion of the French King and there to tarry and abide by the space of c. dayes current during the which space the said Master covenanteth there to receive into the said Ship Ware and other Merchandize such as it shall then best please the said Merchants their Factors or Assigns there to load to a compleat and full loading of the said Ship And the said Merchants and every of them covenant to and with the said Master to load or cause to be loaden there within the said space Wares and such other Merchandizes as it shall then best please the said Merchants or their Factors for their most profit to the compleat and full loading of the Ship as is aforesaid And moreover the said Master covenanteth concordeth bargaineth and agreeth to and with the said Merchants and every of them that the said Ship with her said loading laden in her within the said place shall with the first good Wind and Weather as God shall send next after the said c. dayes be come and past make Sail and Sails from thence directly towards and unto the said Port of the said Town of S. where the said Ship shall with convenient speed after her there arrival be discharged of her said lading of Wares and other Merchandize laden in her as aforesaid and the same out of the said Ship there so discharged shall be delivered unto the said Merchants or the Owners thereof as safely and well-conditioned God sending the said Ship in safety And the said Merchants and every of them covenant to and with the said Master then and there to receive the said loading laden in her as aforesaid and at the right discharge thereof to pay or cause to be paid to the said Master or his Assigns the sum of c. and also to pay during the said Voyage Windage Groundage Pilotage and Loadmanage and all other Arrerages as in English Ships are accustomed And the said Master covenanteth that the said Ship is and during the said Voyage shall be stiffe strong and stanch well and sufficiently victualled rigged and apparelled with sufficient
or from the said Mannor or any of the Lands Tenements and other the aforesaid premises without any fraud or covin of the said R. D. and B. or either of them their Heirs or Assigns by reason of any Right Title Estate of Interest to be had or made by R. W. the Grand-father or I. W. the Father of the said I. or the said I. or by any other person or persons claiming in by or under their or any of their Estates Titles or Interests That then he the said I. his Heirs Executors or Administrators or some of them shall and will within six moneths next after such eviction so to be had of the said Mannor or of any other the premiles or any part or parcel thereof upon reasonable request to be made at or in the c. well and truly pay or cause to be paid unto the said R. D. and B. their Heirs and Assigns for every Acre five pound and so after that rate and rate-like and that without fraud covin or further delay In witness c. An Indenture to lead the use of a Fine THis Indenture made the c. between F. G. of c. of the one part and R. VV. of c. of the other part VVhereas it is condescended unto and agreed between the said F. G. his Heirs c. and the said R. VV. his Heirs c. that the said F. G. his Heirs shall from time to time during two years next ensuing the date of these Indentures do cause suffer and make such assurance of his Mannors of M. and S. in the County of D. and the Advowson of the Church of A. and of all his Lands Tenements Rents Reversions Services and Hereditaments whatsoever in M. and D. in the County of D. in such manner and form as by the said R. VV. his Heirs and Assigns or his or their Council learned in the Law shall be reasonably devised advised or required at the Costs and Charges of the said R. VV. Now witnesseth this Indenture That the said R. VV. hath devised that the said F. G. at the term of Saint Hillary next ensuing the date above-written shall levy and acknowledge one Fine c. of the said Mannors Lands Tenements Advowsons and all other the premises to the said R. VV. and his Heirs in due form of Law which Fine so to be had levied and executed touching and concerning the said Mannor of M. c. and all the Lands Tenements Meadows Leasows Pastures and Hereditaments with the appurtenances to the said Mannor of M. c. belonging to the said F. G. for himself and his Heirs doth covenant and grant to and with the said R. VV. by these presents shall stand and be to the use of the said F. G. during his life without impeachment of waste and after his Decease to the use of the said R. VV. and D. his wife and of the Heirs of the said R. on the body of the said D. lawfully begotten and for default of such Issue to the right Heirs of the said R. VV. for ever And which Fine to be levied and executed touching and concerning all the residue of the premises the said F. G. for him and his Heirs doth covenant and grant to and with R. VV. by these presents that the said Fine shall stand and be to the use of the said F. G. and I. now his wife and the Heirs of the said F. upon the Body of the said I. begotten And for default of such Issue then to the use of the said R. VV. and D. and of the Heirs of the Body of the said R. and D. between them lawfully begotten and for default of such Issue then to the right Heirs of the said R. VV. for ever In witness c. An Indenture of Demise of divers Lands c. in consideration of a sum of Money paying a Pepper-corn yearly THis Indenture made the third day of May 1649. c. between Sir T. B. of D. in the County of c. Knight and Baronet and M. H. of D. aforesaid Gentleman Servant to the faid Sir T. B. of the one part and Sir W. T. of C. in the County of N. Knight of the other part Witnesseth That the said Sir T. B. and M. H. as well for and in consideration of the sum of c. of lawful money of England to them in hand paid before the ensealing and delivery hereof by the said Sir W. T. whereof and wherewith the said Sir T. B. doth acknowledge himself satisfied contented and paid and thereof and of every part and parcel thereof doth acquir and discharge the said Sir W. T. his Heirs Executors and Administrators and every of them by these presents as also for divers other good Causes and Considerations them hereunto moving Have demised granted and to farm-letten and by these presents do demise grant and to farm-let unto the said Sir W. T. his Executors Administrators and Assigns all those several Closes or parcels of Land Meadow Pasture and Arable called or known by their several Names following That is to say one Close or parcel of Ground called D. containing by estimation c. Acres be the same more or less and one other Close or parcel of Land called E. containing by estimation c. Acres be the same more or less And one Close or parcel of L. and called C. containing by estimation c. Acres be the same more or less c. All and singular which said Closes and parcels of Lands are scituate lying and being within the Fields Parishes Precincts and Territories of H. alias H. in the County of L. and are part and parcel or reputed and taken to be part or parcel of the Mannor of H. alias H. aforesaid And also all singular Messuages Tenements Buildings Orchards Gardens Commons Common of Pasture Waters Fishings Woods Underwoods Trees Bushes Fences Free-boards Wayes Easements and all other Rights Jurisdictions Priviledges Franchises Liberties Profits Conditions Emoluments and Hereditaments whatsoever growing arising being coming or issuing in upon or out of the premises and every part and parcel thereof or to the same or any part thereof belonging or appertaining To have and to hold all and singular the said Closes and parcels of Land and all and singular the premises and every part and parcel thereof with their and every of their Rights Members and Appurtenances unto the said Sir W. T. his Executors Administrators and Assigns from the first day of May last past before the date hereof unto the full end and term of One thousand years from thence next immediately ensuing and fully to be compleat and ended Yielding and paying therefore yearly during the said term unto the said Sir T. B. his Heirs or Assigns one Pepper-corn at the Feast of Saint Michael the Arch-angel only if the same be lawfully demanded And the said Sir T. B. and M. H. for them their Heirs and Assigns do joyntly and severally covenant grant and agree to and with the said Sir W.
other bargains contracts surrenders and other charges titles troubles and incumbrances whatsoever by the said T. J. his Heirs and Assigns in any wise heretofore had made committed suffered or done or to be had made committed suffered or done the rents and services to the chief Lord or Lords of the Fee thereof and from thenceforth growing due therefore only excepted and fore-prized that then c. A Condition that whereas one hath an Annuity issuing out of the Mannor of c. which said Annuity he hath released c. for payment of c. THe Condition c. That whereas the within-bound J.B. hath and holdeth for the term of his natural life of the grant of the within-named R.L. one annuity or yearly rent of c. by the year issuing and going out of the Mannor of c. and out of certain other Lands Tenements and Hereditaments in the County of c. as by the same grant thereof made more at large it doth and may appear which said annuity or yearly rent of c. the said J.B. by his Deed indented bearing date the day of the date of these presents hath bargained sold and released unto the said R. L. upon and under a certain condition in the same Deed indented expressed as by the same also it doth and may appear If therefore the said J.B. hath not at any time before the ensealing and delivery of the said Deed indented bargained sold given granted assigned or set over or by any other means incumbred the said annuity or yearly rent of 100 l. or any parcel thereof that then c. A Condition whereas the Obliges hath owing by one a sum of money which is to be paid to a Creditor of the Obligor who is bound to repay within ten dayes after notice of the receipt THe Condition c. That whereas the within-named J.F. hath remaining in the hands and custody of G. c. the sum of c. which sum of c. the said J.F. is contented at the request and desire of the within-bound J. c. shall be paid and delivered by the said G. c. unto one L. c. If therefore the said c. his Executors Administrators or Assigns do well and truly pay or cause to be paid unto the said J. F. c. his Executors Administrators or Assigns at or in c. the said sum of c. within ten dayes next after the said J.F. his Executors Administrators or Assigns shall give sufficient notice or testimony unto the said c. his Executors Administrators or Assigns from the said Jâ—â—testifying that he the said L. hath received the said sum of c. of the said c. as aforesaid without fraud or coven that then c. A Condition where a Bond is assigned and that if the Obligees in the assigned Bond do not pay then the Obligee in this is bound to pay c. THe Condition c. That whereas the within-bound A.B. hath by his Deed in writing bearing date c. assigned over unto the within-named C. D. one Obligation bearing date the c. wherein E.F. and G.H. stand bound unto the said A. B. in the sum of c. with condition of payment of c. on the c. at c. as by the same Deed of assignment and obligation may appear if in case the said E. F and G.H. their Executors Administrators or Assigns do not pay unto the said C. D. his Executors or Assigns the said sum of c. on or before the c. with such considerations as shall be therefore due If then the said A.B. his Executors Administrators or Assigns do well and truly pay or cause to be paid unto the said C. D. his Executors Administrators or Assigns on the c. at or in c. the said sum of c. with consideration for the same after the rate of 8 l. per cent to be accompted from the day of the date with-in-written untill such time as the same shall be fully paid that then c. A Condition upon an Attachment THe Condition c. That whereas the above-named Sir R. L. Knight is to pay unto Sir M.R. of c. the sum of 150 l. of c. upon Bond bearing date on or about the c. last past before the day of the date above-written and whereas the day of the date above-written the above-bound W. S. hath attached the said sum of c. in the hands of the said Sir R. L. If therefore the said W. L. his Executors Administrators and Assigns and every of them do and shall at all times hereafter and from time to time well and sufficiently save defend keep harmless and indempnified the said Sir R. L. his Heirs Executors Administrators and Assigns and every of them as well against the said Sir M. R. his executors administrators and assigns as against all and every other person and persons for or concerning the said Obligation or any sum or sums of money therein contained and of and from all and all manner of actions arrests sutes costs losses chattels forfeitures payments and detriments whatsoever which shall or may be commenced or happen against the said Sir R. L. his Goods or Chattels for or by reason of the non-payment of 〈◊〉 said Sum of c. unto the said Sir M. R. his executors administrators or assigns on the said c. in regard the same is attached by the said W. S. as aforesaid that then c. A Condition to pay Rent quarterly for certain Rooms c THe Condition c. That if J.A. of c. the within-bound I.P. and T. A. or any of them their or any of their executors administrators or assigns do well and truly pay or cause to be paid unto the within-named G. P. his executors administrators or assigns the yearly sum of c. for those Rooms parcel of the Capital Messuage scituate c. wherein the said I. A. now inhabiteth for and during the full term of c. to be accompted from the c. last past before the date within-written at the Four most usual Feasts or Terms in the year that is to say at the Feast of c. or within ten dayes next ensuing every of the said Feasts by even and equal portions at or in c. the first payment to begin and to be made at the Feast day of c. next ensuing the date within-written or within ten dayes next ensuing the same Feast that then c. A Condition to surrender Land to certain uses THe Condition c. That if the above-bound M. W. S. W. and J. W. and every of them and their Heirs do and shall at the next Court to be holden for the Mannor of W. in the County of c. which shall be after request made by the above-named A. L. her Heirs or Assigns the said request being made eight dayes before any such Court be holden surrender into the hands of the Lord of
mentioned in the said Schedule cannot be presently sold for the best benefit and advantage of the said M. F. that the same goods and chattels shall remain and continue in the custody and possession of the said I. F. for the use and behoof of the said M.F. his c. for and during the space and time of six moneths next after the date hereof and if any of the said goods and chattels mentioned in the said Schedule hereunto annexed have been already or hereafter during the said space of six months shall be sold or disposed of by the said I.F. his Executors Administrators and Assigns then he the said I. F. for himself his Executors and Administrators and for every of them doth by these presents covenant promise grant and agree to and with the said M. F. his Executors Administrators and Assigns to give a true and just accompt or accompts together with the proceed or encrease thereof in writing unto request made and to pay or cause to be paid unto him the said M. F. his Executors Administrators or Assigns all such sum or sums of Money as shall be found due upon the said accompt or accompts so to be made or given and at the end and expiration of the said term shall and will well and truly deliver or cause to be deliver'd unto the said M.F. if the said I.F. his executors c. shall be thereunto required the residue and remainder in specie with the proceed and encrease thereof of all such goods and chattels mentioned in the said Schedule or Inventory as shall be so sold or undisposed of the said M.F. his Executors Administrators or Assigns allowing in the mean time unto the said I. F. his Executors or Administrators all the benefit and advantage of the Wooll Milk and work of the Cattel comprized in the said Schedule hereunto annexed and the use of the other goods comprized in the said Schedule or Inventory for the pains and care of the said I. F. to be taken in and about the selling disposing and keeping of the said goods and chattels or any of them In witnesse c. A Lease of Lands in Barbadoes THis Indenture made c. between R. C. of c. and M. S. of c. witnesseth That the said R. C. for divers good causes and considerations him hereunto especially moving hath demised granted and to farm letten and by these presents doth demise grant and to farm let unto the said M. S. all that his own shâ—â—eâ— part and portion of Land containing in all by estimation forty acres of Land be it more or less scituate and being in c. as the same was lately and now is separated and divided from other Lands now inhabited by the English Merchants and Planters or their assigns and allotted unto the said R.C. for one of his shares of his Adventure with the said Company of the said Islands and now are or late were in the Tenure or Occupation of R. P. or his Assigns and also one Acre of Land being part or parcel of c. lying within c. likewise allotted unto the said R. C. for another share of his Adventure to the said Island the same Acre of Land to be measured and set out in some convenient place of the said share of Land adjoyning upon or near unto the fresh water together with free ingress egress regress way and passage to and for the said M. S. his Executors Servants and Assigns by and through c. at all convenient times and by all fitting and convenient wayes and passages to fetch water from the Springs and Rivulers thereunto adjoyning as need shall require To have and to hold the said share of Land and acres of Land and all other the above demised or meant mentioned or intended to be demised premisses with their and every of their rights members and appurtenances unto the said M.S. his c. from c. for and during the term of c. M.S. his c. yielding and paying therefore yearly and every year during the said term of c. unto the said R.C. his c. the moiety or one half part of all the profits and gains whatsoever which shall yearly be made or raised by or by means of the digging setting planting sowing manuring and imploying the said Lands and premisses above by these presents demised or meant or mentioned to be demised and every or any part thereof or by any other ways or means whatsoever the same to be yearly and every year once or oftner as Shipping may conveniently be had sent into England to and for the use of the said R. C. his Heirs and Assigns for and in full satisfaction and payment of all manner of Rents whatsoever and the said M S. for him his c. doth covenant and grant to and with the said R.C. his c. by these presents in manner and form following that he the said M. S. shall and will once in every year yearly or oftner during the said term hereby granted and as shipping may be conveniently had as aforesaid make and send unto the said R. C. his Heirs or Assigns a just and true account how the same Lands and premisses hereby demised have untill that time been imployed and used and likewise with the same accompt shall and will send and deliver or cause to be delivered unto and for the use and behoof of the said R C. his Heirs and Assigns unto the City of London the said moiety or one half-part of all the encrease profit and gains above by these presents reserved which shall happen to be accrued or risen by the means of the husbanding and employing of the said Lands and premisses by these presents demised and also shall and will from time to time send and deliver together with the said Rent above reserved unto the said R.C. his Executors or Assigns all the other moiety or half-part of all the profits and gains which shall happen to be accruing and arising by means of the said husbanding and imploying of the said Lands and premisses in sort as is aforesaid or so much thereof over and above the said Rent as shall be due and payable by vertue of these presents until the Sum of c. shall be fully satisfied and paid unto the said R. C. his c. which Sum he the said R. C. at and before the ensealing of these presents did disburse and lay out for the furnishing of the said M. S. with implements utensils and other necessaries to be used and imployed in and about the manuring managing and dressing of the said Lands above-mentioned to be demised And further That he the said M. S. his Executors Administrators or Assigns or some of them shall and will from time to time and at all times hereafter during the continuance of this demise in good order of husbandry set sow plant and imploy the Lands and Premisses hereby demised to the best advantage according to the Custom of the Countrey
shall from time to time for and during his continuance and exercise of and in the said place and office demean himself therein without voluntary concealment fraud or deceit towards his said Lordship and do and shall yearly during such his continuance and exercise at the audits to be kept for his said Lordship yield and make true and just accompts to the auditor for the time being of the said Mannor and Premisses and also make current payment and satisfaction to his Receiver of the Premisses for the time being or other Officer or Officers in that behalf to be authorized and appointed at or before every such audit and audits of and for all and every such Sum and Sums of Money Rents Revenues Fines Issues Goods Chattels Profits and Perquisits as then shall have come to the hands of the said J. S. his Deputy or Deputies or as he or they ought justly to be charged withal to his said Lordship for or in respect of the said office or place that then A Condition to pay Childrens Portions and shares of their deceased Fathers estates THe Condition That if the above-bound R. Y. his c. pay and deliver or cause to be paid and delivered unto the above-named W. E. and M. natural Children of the above-named N. late of R. aforesaid their late Father deceased their several filial portions or childs parts of the goods and chattels of their said late Father deceased according to the Inventory thereof and also accompt and render unto them their just shares of all other their rights due unto them by vertue of the last Will Testament of their said father when they come to the full age of twenty one years or happen to be married and also honestly according to their degrees educate and bring up the said children during the time of their nonage with meat drink apparel and learning and if it happen any of the said children to dye before they come to full age or to be married then if the said R. Y. do content and pay the portion and other rights of him her or them so dying to whom the Law shall appoint the same to be paid or who by proximity of blood ought to have it and also save and keep harmless the above named c. Comissary and all other the officers that then c. A Condition that the Heir shall make no claim THe Condition c. That whereas R. G. of c. father of the above-bound R. is possest of one messuage or tenement and certain customary Lands thereunto belonging holden of the Right Honourable c as of the Mannor of c. called or known by the name of c. now in the occupation of c. out of which messuage or tenements is issuing the yearly rent of c. and whereas the said R. the son for and in consideration of a certaine competent sum of c. to him the said R. by the said J. well and truly contented and paid whereof and wherewith the said R. acknowledgeth himself fully satisfied hath granted and agreed that the said J. by and with the consent of the said R. the father shall have enjoy to his own use for ever the said messuage or tenement lands and premises and all the estate right title and interest which the said R. the son now hath or at any time hereafter may might should or ought to have of in and to the same from by or under the right title or interest of the said R. the Father or as heir unto him if therefore the said R. the Son his c. nor any of them do not at any time hereafter make or cause to be made any claim or demand of in or to the said Messuage or Tenement and premisses or any part thereof from and after the decease of his said Father but to permit and suffer the said J. G. his c. and every of them to have possess and enjoy to his and their own use for ever the said c. and every part thereof without any let or disturbance of or by him the said R. the Son his c. or of or by any other person or persons or by his their or any of their acts means consents or procurements clearly released acquitted and discharged of and from all incumbrances whatsoever by him them or any of them had made committed or done or to be had made committed or done in any wise that then c. A Condition to appear before the Justices of Peace c. COndition c. That if the above-bound S. T. do personally appear in the custody of the Bayliff within-written or his Deputy before the Justices c. the Monday next after the Nativity of St. John Baptist at the Town of c. to find there before the said Justices good and sufficient Sureties for the Peace and to behave and bear himself well and peaceably against c. and in the mean time keep the peace of the Common-wealth and from thenceforth save and keep harmless the within-named c. for and concerning the premisses that then c. A Condition to suffer ones Wife to make a Will and to surrender a Copy-hold to his and her use THe Condition c. That whereas there is a Marriage c. Now if the said J. F. do and shall after the celebration of the said Marriage and during the coverture permit and suffer the said F. S. to make her last Will and Testament in writing or otherwise and by the same to give and dispose of the Goods and Chattels or ready money of him the said J. F. to the value of c. or under at her will and pleasure to such person and persons and for such intents and purposes as she the said S. shall by the same Will nominate and appoint And also if the said J. F. his c. after the said Will shall be so made and published under testimony of sufficient witnesses do and shall well and faithfully execute and perform the same Will or suffer the same to be duly executed and performed according to the intent and true meaning of the said S. F. and also if the said I. F. do and shall at the next Court to be holden for the Mannor of c. surrender into the hands of the Lord of the said Mannor according to the custome of the same all that his Mansion-house c. to the use and behoof of the said I. F. and S. F for and during their natural lives and the life of the longest liver of them and after the decease of the Survivor of them then to the use and behoof of c. that then c. A Letter of Attorney to receive money due upon several Bonds allowing the Attorney his reasonable charges and out of that money which he shall receive to satisfie himself of such moneys as are due to him for him which makes this Letter TO all men to whom these presents shall come W. R. of
aforesaid to be chosen shall from time to time be had made and given up in writing for and the behalf of the said parties as touching any the variances or differences aâ—orsaid without any further coven or deceit In witness c. An acknowledgment of a trust in an Indenture of bargain and sale THis Indenture made c. whereas T. W. of c. by this Indenture of bargaine and sale bearing date c. for the consideration therein mentioned did grant bargain and sell unto he said I.H.S.T.A.P. and R.L. their heirs and assigns for ever all that Mannor c. recite the bargain and sale to the end of the Habend as in and by the said Indenture of bargain and sale amongst divers other Covenants grants and agreements therein contained more at large it doth and may appear Which said recited Indenture of bargaine and sale was so made unto the said I.H.S.T. and A.P. of meet and special trust and confidence to and for the only use benefit and behoof of the said S.S. his Heirs and assigns Now this Indenture witnesseth that the said I.H. c. do hereby confess and acknowledge that the said recited Indenture of bargain sale was and is made to and in the names of them the said I. H. c. of meer and special trust and confidence to and for the use and behâ—of of the said S.S. his Heirs and Assigns for ever And further the said I H. c. in accomplishment and performance of the trust and confidence aforesaid do for them and every of them covenant and grant joyntly and severally to and with the said S.S. their Heirs Executors Administrators and assigns by these presents that they the said I. H. c. their Heirs and assigns shall and will from time to time hereafter upon reasonable request therefore to be made and at the costs and charges in the Law of the said S.S. his Heirs and Assigns bargain sell convey and assure the said Mannors and all and singular other the premises by the said recited Indenture of bargain and sale granted sold or meant mentioned or intended to be thereby bargained and sold and every part and parcel thereof with their and every of their appurtinances unto the said S.S. his Heirs Assigns for ever in such sort manâ—r and form as by the said S.S. his Heirs Assigns or his or their Council learned in the Law shall be reasonably devised or advised vised and required so alwayes that the same Conveyances or Assurances or any of them contain no further or other warranties than only against the said J. H. c. and their Heirs And further That at any time of the making and passing of such Conveyance or Assurance as aforesaid the said Mannor and all and singular other the Premisses shall be free clear and discharged of and from all and all manner of former bargains sales gifts grants and incumbrances whatsoever then before had made committed or dâ—ne by them the said J H. c. or any of them or of or by any other person or persons whatsoever lawfully claiming by from or under them or any of them In witnesse c. An acknowledgment of a Trust by a Deed-Poll of a Lease TO all c. I T.M. of c. send greeting c. Whereas C. D. of c. by one Indenture of Lease made between c. and c. hath demised c. as in and by c. Now know ye That I the said T. M. do hereby confess and acknowledge that the Lease or demise of the Premisses aforesaid was and is made to and in the name of me the said T.M. in trust and confidence and to the intent that I the said T.M. should upon the request of the said E. G. her Executors Administrators or Assigns assign and convey the said Lease and Premisses to her the said E.G. her Executors Administrators or Assigns or to such other person or persons as she or they in that behalf shall name or appoint and therefore in accomplishment and performance of the trust and confidence aforesaid I the said T.M. for me mine Executors and Administrators do covenant and grant to and with the said E.G. her Executors Administrators or Assigns by these presents That I the said T.M. my Executors Administrators and Assigns shall and will from time to time upon the reasonable request and at the costs and charges of the said E.G. her Executors Administrators or Assigns assign and set over the above-mentioned premisses and every of them and all the estate and interest of me the said T.M. my Executors and Administrators in and to the same clear and discharged of all incumbrances by us or any of us to be done or committed unto the said E.G. her Executors or Administrators or to such person or persons as she or they shall name or appoint In witnesse c. A Conveyance of Lands to the use of a mans Heirs with the profit during the Heirs minority limited to the payment of the Donors debts and porformance of the Testament THis Indenture made c. between the Right Honourable W. Viscount Hereford c. of the one part and the Right Honourable A. Lord Grey alii c. on the other part witnesseth That the said Viscount for and in consideration of the Fatherly good-will favour and affection which the said Viscount beareth towards R. and W. the two Sons of the said Viscount and for the advancement and preferment of the Heirs males of the body of the said Viscount lawfully to be begotten and for other the considerations hereafter in these Presents mentioned and expressed hath given granted enfeoffed and confirmed and by these presents doth give grant enfeoff and confirm unto the said A. Lord Grey c. all those his Mannors c. with all and singular Liberties Courts Views of Frank-pledge Fairs Commodities Franchises Priviledges Jurisdictions Preheminences Emoluments and Appurtenances whatsoever to or with the said Mannors Lands Tenements or Hereditaments used or enjoyed in or out of the same or any of them or any part or parcel thereof issuing renewing happening used or exercised and all c. To have and to hold c. to the said A. L. G. c. and their Heirs for ever to the use and behoof of the said V. for term of his life without impeachment of waste and after the decease of the said V. and during the time that the said R. D. Son and now Heir apparent of the said V. or any other being the heir of the said V. shall be under the age of 21 years and untill some Heir of the said V. shall have accomplished the full age of 21 years to the use of the said A. L. G. and the Survivors and Survivor of them and the Executors Administrators of the Surveyor of them upon trust and to the intent and purpose that the said A. L. G. c. and the Survivors and Survivor of them and the Executors and Administrators of the
said W. F. his heirs and assigns into the said premisses to re-enter and the same to have again as in and by the said recited Indenture c. appeareth And whereas the said W. F did not pay nor cause the said Sum of 50 l. to be paid neither is the same yet paid unto the said T. F. according to the Proviso or Condition in the said recited Indenture of Lease mentioned by reason whereof all the said Messuage and Premisses became absolutely forfeited unto the said T. F. for all the said term of 500 years in the said recited Indenture mentioned Now these presents witness That the said R. F. being Son and Heir of the said W.F. deceased for and in consideration of the Sum of 28 l. more of currant money of E. to him in hand paid c. and for other good causes and considerations him moving hath and hereby doth absolutely grant ratifie and confirm the aforesaid Lease and all the Estate and term for years therein and thereby demised and granted or mentioned to be demised and granted And also doth hereby fully and absolutely release the said Condition and assure all and every Condition and Conditions whatsoever in the said recited Indenture of Lease contained And also the said R.F. for the consideration aforesaid doth hereby grant demise confirm and unto the said T.F. his Executors Administrators and Assigns the aforesaid Messuages or Tenement Cottage Closes Lands and all other the premisses for all the foresaid term and number of 500 years by the said recited Indenture of Lease demised or thereby mentioned to be demised and doth also hereby grant and release unto the said T. F. his Executors and Assigns the aforesaid yearly Rent of 1 l. by the said recited Indenture reserved and all the arrerages thereof To have and to hold all the said Messuage or Tenement Cottages Closes Lands and all other the premisses with their and every of their appurtenances in the said recited Indenture mentioned and the said yearly rent unto the said T.F. his Executors Administrators and Assigns for and during all the rest and residue of the said term and number of 500 years in the said recited Indenture of Lease mentioned and now to come and unexpired freely and absolutely without any Proviso or Condition whatsoever Cum Covenantis proprecata fruitione ab Incumbram ulterior Assurand In witnesse whereof c. An Indenture upon Marriage and for setling Lands to uses and a Declaration of a Fine lovied to those uses THis Indenture made c. between J. S. Esq second Son of the Right Honourable H E. of W. on the one part and A. Lady D. of c. and Sir T. W. of c. on the other part Whereas the said E. and A. his wife Recital of being seized in the County of W. are now seized for the term of their lives and for the life of the longer liver of them of and in all that the Mannor of G. and the Lands Tenements and Hereditaments called C. P. and of the Burrough of C. and of the Advowson and free gift of the Parsonage of the Church of C. with all and singular the rights members and appurtenances thereof in the C. of D. and of divers Messuages Lands Tenements Rents Woods Wood grounds and hereditaments to the said Mannor and premisses belonging or appertaining without Impeachment of wast the Reversion or Remainder thereof to the said J. S. and the heirs of the body of the said J. S. lawfully to be begotten And for want of such Issue the Remainder to the right heirs of the body of the said E. and C. And for want of Heirs issuing of the body of the said E. and C. the Remainder then to the right and next heirs of the said C. for ever Recital of the Marriage And whereas there is a Mareiage by Gods Grace intended shortly to be had and solemnized between E. Lord H. Son and heir apparent of the said E. and C. and E.D. sole Daughter of the said A. Lady D. they the said E. and C. and the said J. S. for settling of the Inheritance of the said M. and premisses to the uses hereafter expressed and declared have this present time of the holy Trinity in the year above-said acknowledged and levied one Fine in due form of Law before his Majesties Justices of his Court of Common-Pleas at Westminster Recital of the Fine unto the said A. Lady D. and Sir T.W. and to the heirs of the said A. Lady D. amongst other Mannors Lands Tenements and Hereditaments in the said Fine contained of and for all that the said Mannor of C with the appurtenances And of all Lands Tenements Meadows Pastures Feedings Commons Woods Wood-grounds Wasts Moors Heaths Liberties Franchises Jurisdictions Advowsons Presentations Emoluments and Hereditaments whatsoever to the said Mannor and premisses or any part or parcel thereof belonging or appertaining or accepted reputed taken known or demised letten used occupied or enjoyed as part parcel or member thereof or any part thereof And whereas the said E. and C. by Indenture tripartite under their Hands and Seals dared with these presents have expressed and declared that the said Fine so levied of and for the said Mannor of C. and premisses herein contained should be and enure to the use and behoof of them the said E and C. for and during the term of their two lives and the life of the longer liver of them without Impeachment of or for any manner of wast and from and after their decease and of the Survivor of them the remainder thereof to the use of the said E. Lord H. during the term of his natural life and from and after hiâ— decease the Remainder thereof to the Heirs males of the body of the said E. Lord H. to be begotten on the body of the said E. the remainder thereof to the right heirs of the said C. as by the said Fine and recited Indenture purporting and declaring the use aforesaid it doth and may appear Now this Indenture witnesseth Intention of Parties and it is hereby covenanted concluded declared and agreed by and between all the parties to these presents and the true intent and meaning of the said J S. and of all the parties to these presents and to the said Fine at the time of levying thereof for and concerning the said Mannor of C. with the rights members and appurtenances thereof was and now is that the said Fine should be and enure and hereby and by all the parties to these presents is declared and expressed to be and enure and the Cognizees of the said Fine and their heirs shall stand and be seized of the said Mannor of C. with the rights members and appurtenances thereof To the uses intents and purposes hereafter expressed limited and declared that is to say The Uses To the use and behoof of them the said E. and C. for and during their two lives and the life of the longer liver of them
the said J. B. and the said J. L. at the time of executing the said Conveyance as in part of the bargain for the said Messuage and Lands that the said I. B. shall make a Lease of the said Messuages and Lands unto the said I. L. E. his wife and the said I. his son for their lives successively at the yearly Rent of 4. pounds per annum The Consideration Now this Indenture witnesseth That the said I. B. being about the age of 28. years as well in performance of the said agreement on his part made aforesaid and of the yearly Rent hereby reserved and for other good causes and considerations him moving Hath demised The Demise set and to farm-letten and by these presents doth Demise set and to farm-let unto the said J. L. E. his wise and the said I. all that the foresaid Messuage or Tenement with the appurtenances wherein the said I. L. doth now inhabit and dwell scituate and being in L. M. aforesaid and all those the Lands hereafter particularly mentioned viz. one half acre of Land c. mentioning the particulars c. Together with all Houses Edifices Buildings Barnes Stables Yards Back-sideâ— Orchards Gardens Commons Commodities Wayes Easements Emoluments Hereditaments and Appurtenances whatsoever to the said Messuage or Tenement and Premisses or any of them belonging or in any wise appertaining and now used therewith except all Woods Timber and Trees growing or to be growing on the premisses And also except all those four Cottages or Tenements heretofore built on part of the Orchard belonging to the said Messuage or Tenement hereby demised now being in the several tenures or occupations of R. E. T F. W. R. and L. D. their Assignee or Assignees To have and to hold the said Messuage or Tenement The Habendum and all other the premisses with their appurtenances except before excepted unto the said I. L. E. his wife and I. L. for and during the term of their natural lives and the life of the longer liver of them The Reddendum successively one after another as they are herein named Yielding and paying therefore yearly and every year during the said term hereby demised unto the said I. B. his heirs and assigns the yearly Rent or Sum of 4. pounds of currant money of England at two Feasts or Terms in the year most usual viz. the Feast of c. to be paid at c. the first payment thereof at the Feast of the Annuntiation of c. next ensuing The Distresse And if it happen the said yearly Rent or any part thereof to be behind and unpaid by the space of eight dayes next after any or either of the said Feasts or dayes of payment whereon the same ought to be paid as aforesaid That then it shall and may be lawful to and for the said I. B. his heirs and assigns and every of them to enter into and upon the said Messuage and Premisses and every or any of them and to distrain for the same and the distress and distresses there had and taken to lead drive take and carry away and the same with him and them to detain and keep untill the said yearly Rent and the arrerages thereof if any happen to be unto the said I. B. his heirs and assigns shall be contented and paid And the said I. L. E. his wife Covenant to repair and the said I. L. for themselves joyntly and severally and for every and either of them their every and either of their several and respective Executors Administrators and Assigns and every of them do and doth covenant and grant to c. That they the said I. L. E. his wife and I. L. their several Executors Administrators and Assigns and every of them at their own proper costs and charges in and by all things shall and will well and sufficiently repair maintain uphold keep cleanse and scour all and every the Houses Buildings and Edifices hereby demised and now built upon the premisses and belonging to the same and which at any time hereafter during the term hereby demised shall be erected and built upon the demised premisses or any part thereof and the hedges ditches fences pales and mounds upon and about the demised premisses and every of them well and sufficiently shall make keep cleanse and scoure and the said Messuage or Tenement Houses and Buildings which are or at any time hereafter during the term hereby demised shall be erected or built in or upon the same or any part thereof being so well and sufficiently repaired maintained upholden kept cleansed and scoured in the end or other determination of the said term hereby demised shall and will leave and yield up unto the said I. B. To view the defaults of reparations his heirs and assigns And also that they the said I. L. and E. his wife and the said I. L. and every of them and their and every of their assigns shall and will permit and suffer him the said I.B. his heirs and assigns together with three or four or fewer Workmen or other persons at their or any of their wills and pleasures being at convenient times twice every year quietly to enter in or upon the said Messuage or Tenement and all other the Demised premisses to view and search whether the same be well and sufficiently repaired or not And of all and every the Default and Defaults for want of Reparations then and there found To repair upon notice to give or leave notice in Writing at the said Messuage or Tenement unto or for the said I. L. and E. his wife and the said I. L. to repair and amend the same from time to time during the terms hereby demised alwayes within the space of six months next after every such notice in Writing so given or left as aforesaid Not to demise without license And also that neither they the said I. L. E. his wise nor the said I. L. nor any nor either of them shall not at any time or times hereafter grant bargain sell assign or set over demise let or depart with the said Messuage and Premisses or any part or parcell thereof or his her or their or any of their right title interest or estate in or to the Premisses or any of them without the speciall license and consent of the said I.B. his heirs and assigns under his or their hand in Writing therefore first had and obtained Proviso upon non-payment or nonreparation to re-enter Provided alwayes and it is Conditioned by and between the Parties to these presents That if it shall happen the said yearly Rent or any part thereof to be behind and unpaid by the space of twenty eight dayes next after any or either of the Feasts or dayes of payment before mentioned or set down for payment thereof contrary to the form aforesaid the same being lawfully demanded or if all and every the said Default and Defaults for want of Reparations
foresaid Obligation and of and from all and all manner of Costs Charges Suits and Damages whatsoever of for and concerning the said Obligation That then c. An Assignment of several Leases of divers Messuages and Lands with several recitals and good Covenants Well penn'd THis Indenture made c. Between J.S. of c. and J. G. of c. on the one part and R. G. of c. on the other part Whereas J. S. of c. G. P. of c. Executors of the last Will and Testament of M. S. Gent. deceased and the said J. G. by Indenture bearing date the 26. day of S. in the c. of his said Majesties Reign that now is over England c. made between the said J. S. and G. P. and J. G. on the one part and E. S. on the other part by the name of E. S. of c. Did grant assign and set over to the said E. S. and her Assigns as well an Indenture of Demise therein recited dated the day of c. made from R. E. late of c. unto J. G. late of B. in c. and I. his wise Father and Mother of the said I. G. party to these presents of all that Messuage or Tenement and half yard-Land with the Appurtenances then or late in the Tenure or Occupation of one E. A. or his Assigns in S. sometimes W. W. scituate and being of H. W. and P. and every or either of them in the said County of S. and of all Houses Buildings Barns Stables Orchards Gardens Back-sides and grounds with the Appurtenances whatsoever to or with the said Messuage or Tenement and premisses belonging with all and every other the Lands Tentments Feedings Hereditaments and Profits whatsoever to the said Messuage or Tenement belonging or reputed as parcel or member of the same or any of them except therein excepted for the Term of 3000. years from the Feast of the c. then last past at the yearly Rent of 7. shillings of c. as also all the estate title interest term of years thereby granted then to come and unexpired possession claim and demand whatsoever of the said I.S. G.P. and I. G. of and to the same and every part thereof on Condition therein contained to this effect That if the said I. G. his Executors Administrators or Assigns did well and truly pay to the said E.S. her Executors or Assigns the Summe of c. of lawful English money upon the last day of M. then next ensuing That then from thenceforth the said Grant and Assignment and every thing therein contained to be utterly void and of none effect as by the said Indenture more fully appeareth Which said Sum of c. was not satisfied or paid to the said E. S. neither on the day in the Condition of the said Assignment mentioned nor since by reason whereof the premisses became absolutely forfeited to the said E.S. And whereas also the said I.G. by his Indenture of Assignment dated the c. of his Majesties Reign that now is did bargain assign and set over to the said E.S. and her Assigns as well one other Indenture of Lease dated the 21 day of M. in the one and fortieth year of the said late Queen Elizabeth her Reign also made from the said R. E. to the said I. G. Father of the said I. G. party to these presents and his Assigns of all that his c. setting the particulars down here at large as they were mentioned before within the Parishes of H. P. or W. within the said Counties of S. or some or one of them with all Woods Under-woods Profits Commodities and Advantages to the said Messuage or Tenement and half yard-yard-land belonging for the term of 3000. years from the Feast of c. then next ensuing at the yearly Rent of c. as also all the estate right title interest possession Reversion Term of years claim and demand whatsoever of the said I. G. to the said c. and other the premisses with the appurtenances by the same Indenture of Lease Demised by vertue of the same Indenture or otherwise as by the same Indenture c. appeareth And whereas the said E. S. by her Indenture dated c. did Covenant with the said I. G. and his Assigns That if the said I. G. or his assigns did well and truly pay to the said E.S. or her assigns the Summe of 325. pound at the dwelling house of A. C. Scrivener scituate in B. London at one entire payment on the fifteenth day of October which then shall be in the year of our Lord God 1630. That then she the said E.S. and her Assigns should upon request of the said I. G. re-assign and convey unto him the said two several recited Indentures of Leases and all her estate and interest claim and demand in and to the said several Messuages Lands and Premisses demised by the said several Indenture of Leases as by the said last recited Indenture more at large appeareth And whereas the said I. G. by his Release dated c. did in Consideration of a Competent Summe of Money Release all his Right Title and Interest of and in the said Messuage Lands and Premisses to the said E. S. and her Assigns as by the said Release appeareth And whereas the said E. S. by her Indenture of Assignment dated c. did for the Consideration therein mentioned assign and set over all her estate right title and interest of in and to both the said recited Indentures of Lease as also in and to the said Messuages Lands and Premisses to the said I. S. her Father party to these presents To hold to him and his assigns during all the residue of the said Term of years in the said several recited Indentures of Lease then to come and unexpired as by the said last recited Indentute of Assignment more fully appeareth Now this Indenture witnesseth That the said I. S. and I. G. for and in Consideration of the Summe of c. in hand paid or secured by the said R. G. unto the said I. S. as also for and in Consideration of the Summe of c. at the ensealing and delivery of these presents in hand paid or secured by the said R. G. unto the said I.G. the said several receipts of which said several Sums of money they the said J. S. and J G. do hereby severally and respectively acknowledge and thereof and of every part thereof do severally and respectively acquit and discharge the said R. G. his c. and for other good c. Have demised granted set and to Farm-let released and confirmed and by these presents do c. unto the said R. G. his c. all and every the said Messuages Lands Tenements Hereditaments and Premisses with their and every of their Rights Members and Appurtenances in the said former recited Indenture of Lease or Assignments mentioned To have and to hold all and every the said Messuages or Tenements Lands and all
and appertain being now in his minority should have made and granted a Lease in exchange unto the said T. C. of all the said Lands and Premisses to him the said T. Demised as aforesaid by the said W. L. and A. his Wife for the term of eighty nine years and for the yearly Rent of c. And that likewise in recompence satisfaction and exchange thereof the said T. C. should have granted in exchange unto the said I. B. a like Lease of the like term for eighty nine years and for the yearly Rent of 1 d. of the said lands and premisses Demised and granted to the said W. L. and A. his wife in exchange as aforesaid And for that neither of the same Leases can be now perfectly made and finished Therefore it is now further covenanted concluded and fully agreed upon by and between all the said parties to these presents in form following viz. And the said W. L. doth by these presents covenant c. That he the said W.L. shall do his best endeavour that he may or can to procure and get the said J. B. by his Deed indented to make That an Infant shall seal a Lease at his full age of 21 years seal and deliver as his Deed to the said T. C. his Heirs or Assigns within three moneths next after that he the said I. B. shall accomplish his full age of Twenty one years a sufficient Demise Lease and Grant in exchange of all and every the said Lands Layes Meadows Pastures Hereditaments and Premisses with their Appurtenances to him the said T. C. as aforesaid Demised for the term of Eighty nine years and for the yearly Rent of 1 d. and with and under such like and the same Covenants Clauses and Agreements as before in these presents are limited expressed and set down on the part and behalf of the said W.L. to be performed and done And in consideration thereof the said T. C. doth covenant c. That if the said I. B. or his heirs do or shall make seal and deliver as his Deed unto the said T. C. his heirs or assigns the said Demise Lease and grant in manner and form as is aforesaid by the said I. B. to be signed sealed and delivered to the use of the said T.C. his heirs or assigns in the presence of Three credible persons whose names shall be subscribed or endorsed upon the same that then he the said T. C. or his heirs at and upon the receiving of the said Lease and Grant shall and will being thereunto required make seal and deliver in exchange unto the said I.B. or his assigns alike Lease of all and every the premisses to the said W. L. and A. his wife granted as aforesaid for such like term number of years and with and under such Rent and Covenants as shall be contained and specified in the said Lease so to be made by the said I.B. to the said T. C. as aforesaid In witnesse c. A Bargain and Sale of Lands mortgaged made from the mortgagee and mortgagor before the day for redemption to another THis Indenture made c. between H.B. R. H. of c. and M. C. of c. of the one party and R. S. of c. of the other party witnesseth That whereas Francis Beamont of the Parish of St. Martins in the Fields in the County of c. by his Deed indented bearing date c. for the considerations therein mentioned and expressed hath betaken granted and to farm-letten unto the said M. C. all that the Scite and Capital Messuage or Mannor house of Hardwitch with the rights members and appurtenances whatsoever scituate lying and being within the Lordship of Chertsey in the County of Berks c. and all c. the words verbatim in the Original with the Habendum and Reddendum recited as by the same Indenture amongst divers Covenants Clauses and Agreements therein contained more at large it doth and may appear And whereas also the said M. C. by her Indenture of Assignment bearing date c. For the Consideration therein mentioned and expressed Hath granted bargained sold aliened and set over unto the said H. B. and R. H. as well the said recited or mentioned Indenture to her the said M. C. granted as aforesaid and the said scite and capital messuage of the said Mannor of H. Lands Meadows Feeding Pastures Demeasn lands stock and all and singular other the premisses thereby mentioned to be demised and granted and every part and parcel thereof with the appurtenances as also all the estate right title interest term of years then to come and unexpired reversion possession property claim and demand whatsoever which she the said M. C. hath or had or may might should or ought to have or can or may claim challenge or demand of in or to the said scite and capital Messuages Meadows Feedings Pastures Demeasn lands stock and all and singular other the premisses with the appurtenances and of in and to every part and parcel thereof by force and vertue of the same Indenture to her the said M. C. made and granted as aforesaid or any thing therein contained or otherwise howsoever To have and to hold the said Scite and capital Messuage c. ut in Indent de Mortgage unto the said H. B. and R. H. their Executors Administrators and Assigns to the only proper use and behoof of them the said H. B. and R. H. their Executors Administrators and Assigns from the ensealing and delivery of the same Indenture of Assignment for during and until the end and accomplishment of all the rest and residue then to come and unexpired of the said term of Twenty one years by the said first recited Indenture to her the said M. C. granted as aforesaid together with the same Indenture In which said Indenture of Assignment there is a certain Proviso or Condition contained in these words or to this effect following That is to say Provided alwayes That if the said M. C. her Heirs Executors Administrators or Assigns or any of them do well and truly content and pay or cause c. verbatim as in the Assignment as by the same Indenture of Assignment amongst divers other covenants grants articles clauses and agreements therein contained more at large also it doth and may appear Now this Indenture further witnesseth That for and in consideration of the Sum of 650 l. of good c. to her the said M. C. in hand at and before the ensealing and delivery of these presents by the said R. S. well and truly paid whereof and wherewith she the said M. C. and the said H. B. and R. H. acknowledge themselves fully satisfied and paid and thereof c. they the said H. B. and R. H. have bargained sold assigned and set over and by these presents do c. unto the said R. S. the said first recited Indenture and all the said Scite and capital Messuage of the said Mannor of H. Lands Meadows
Recoveries Deed or Deeds enrolled or not enrolled the enrollment of these presents Release Confirmation or by all or any of them or otherwise by any other lawfull and reasonable act or devise as shall be reasonably devised or advised by the Councel learned of the said Sir H.H. his heirs or assigns And also that he the said Sir H.H. his Executors Administrators and Assigns and every of them not doing That the Mortgager shall enjoy the issues and profits of the Lands until the day of payment nor committing any voluntary waste above the value of 10 l. of c. shall or may at all times from henceforth untill the third day of J. c. without the let trouble interruption or disturbance of or by them the said R.L. and G. L. or either of them their or either of their heirs or assigns or of either of them or of any other rightfully claiming from by or under them or any of them peaceably and quietly have take receive perceive and enjoy the Rents Issues and Profits of all and singular the said Mannor or Lordships Lands and Tenements and other the premisses before herein mentioned to be hereby granted and conveyed and every part and parcel thereof without any account to be made or yielded unto the said R. L. and G. L. or either of them their or either of their Heirs Executors or Assigns of or for the same this Indenture or any thing therein contained to the contrary thereof in any wise notwithstanding and that neither the said R. L. and G. L. their heirs or assigns nor any of them shall nor will take any of the Rents Issues Revenues or Profits of any the Premisses or of any part thereof which shall grow arise or come in or out of the Premisses or any part or parcel thereof before the said third day of J. c. And it is further covenanted concluded and agreed by and between the said parties to these presents and the true intent and meaning of the same parties to these presents is That the Mortgagee shall pay more for the clear purchase of the Land so mortgaged and being forfeited and the said R. L. and G. L. do by these presents further covenant c. to and with c. That if neither the said Sir H. H. his heirs nor assigns nor any of them do pay or cause to be paid unto the said R. L. and G. L. their Heirs Executors Administrators or Assigns nor to any of them the said Sum of 4800 l. of c. in manner and form as is before limited and appointed for the payment of the same whereby the said estate of the said R. L. and G. L. shall become absolute that then they the said R. L. and G. L. their Heirs Executors Administrators or Assigns or some of them shall and will well and truly content and pay or cause to be paid unto the said Sir H. H. his Executors Administrators or Assigns or some of them at or in c. the Sum of 1000 l. of c. at or upon the third day of M. 1642. as the residue and in full satisfaction of the clear and absolute purchase of the said Mannor or Lordship Lands Tenements and other the Premisses without fraud covin or further delay unto them the said R.L. and G. L. their heirs and assigns to the only proper use and behoof of them the said R. and G. their heirs and assigns for ever And the said Sir H. H. doth covenant c. to and with the said E. L. and G. L. c. That if the said Sir H. H. To relinquish possession after default of payment of the Sum contained in the Proviso his Heirs Executors Administrators nor Assigns nor any of them do well and truly pay nor cause to be paid unto the said R.L. and G. L. nor to the heirs executors administrators or assigns of them nor any of them the said Summe of 4800 l. of c. before mentioned in manner and form as aforesaid according to the intent and true meaning of the said Proviso or Condition before herein expressed That then he the said Sir H. H. his Tenants Farmours and assigns and every of them other than such as be hereafter excepted shall and will deliver yield up and relinquish unto the said R.L. and G.L. their heirs or assigns or the Survivor or Survivors of them the peaceable and quiet possession of the said Mannor or Lordship and of all other the Premisses with the appurtenances without any let trouble contradiction or interruption And that then also he the said Sir H. H. his heirs and assigns and Dame R. his wife and all and every other person or persons now having or rightfully claiming Further assurance or which at any time or times hereafter shall or may lawfully have claim or pretend to have any manner of estate right title use interest condition or possession of in or to the said Mannor or Lordship and other the premisses or any part thereof other than such person and persons whose estates interests and terms are excepted in one former Indenture bearing date c. made between the said Sir H. of the one party and the said R. L. and G. L. of the other party for and in respect onely of their Leases and terms by and in the said last mentioned Indenture excepted shall and will at all and every time and times from and after such default of payment had or made of the said Sum of 4800 l. for and during the space of Seven years then next ensuing at and upon reasonable request to him her or them to be made and at the onely costs and charges in the Law of the said R. L. and G. L. or any of them or the heirs or assigns of them or of one of them make do c. As in other like Covenants c. And that the said R. L. and G. L. their and either of their heirs and assigns For quiet enjoying and every of them and all and every person and persons which at any time and times after the said default of payment of the said Summe of 4800 l. of c. had and made as aforesaid shall have any estate right title or interest of in or to the said Mannor or Lordship Mannors Lands Tenements and other the Premisses or any part thereof by from or under the said R. L. and G. L. their heirs or assigns or any of them shall or may at all times from and after the said default of payment of the said Summe of c. had or made for ever peaceably and quietly have hold occupy and enjoy all the said Mannor and Lordship Mannors Lands Tenements and other the Premisses without any let trouble vexation or interruption of or by the said Sir H. H. his heirs or assigns or any of them or of or by any other person or persons whatsoever except as in and by the said Indenture of Bargain and Sale bearing date the said
And further and all and every such other act and acts thing and things assurance and assurances conveyance and conveyances in the Law whatsoever for the better more perfect sure and absolute conveying and assuring of all and singular the said Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and all other the premisses with the appurtenances by the said recited Indenture mentioned or intended to be granted bargained and sold unto the said R. L. and G. L. their heirs and assigns for ever absolutely without any manner of Condition Mortgage or Redemption be it by fine or fines feoffment Recovery or Recoveries with single or double voucher or vouchers deed or deeds enrolled or not enrolled the enrollment of these presents release confirmation or by all or any of them or otherwise by any other lawful and reasonable act and devise with wartanty of him the said R. M. and his Heirs against all men or otherwise without warranty if it be so required as shall be reasonably devised or advised by the learned Council of the said R. L. and G. L. their heirs or assigns or some or one of them And it is covenanted granted concluded and agreed by and between all the said Parties to these presents That T. and W. P. by Writ of Entry For passing of a Recovery Sur disseism en le post to be by them sued forth at the costs and charges of the said R. L. and G. L. out of the High-Court of Chancery and to be returned into the Court of Common-Pleas at Westminster before the Justices there against them the said R. L. and G. L. then in possession of the said Premisses shall recover the said Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and other the Premisses mentioned meant or intended in or by the said recited Indenture to be bargained and sold with their rights members and appurtenances in due form of Law against the said R. L. and G. L. then being Tenants of the said Premisses with the appurtenances by some name and names in the said Writ and Recovery to be contained and upon the said Writ and proceeding thereupon the said R L. and G. L. after appearance shall vouch over to warrant the said R. M. and that the said R. M. shall thereunto appear and vouch over to warrant the Common vouchee and that each of them the said R. L. and G. L. and the said R. M. shall do and suffer all and whatsoever to them and either of them in that behalf shall belong and appertain for the suffering a good and perfect Recovery of all the said Mannors Lordships Lands Tenements and other the Premisses mentioned in the said Indenture to be thereby given granted bargained and sold unto the said R. L. and G. L. according to the course of Common Recoveries and Assurances of Lands in such Cases used and that the said Recovery shall in due form of law be executed by the Writ of Habere facias seisin accordingly And it is by these presents likewise fully concluded agreed and declared by and between all the Parties unto these presents To lead the use of the Recovery That the said Recovery and all other Recoveries whatsoever had made knowledged levied executed or suffered or to be had made knowledged executed or suffered of the Premisses or of any parcel thereof by or betwixt the said Parties or any of them and the full force and execution of the same and every of them shall be and enure and shall be had taken confirued esteemed and adjudged to be and to enure to the only uses provisoes conditions and limitations before herein mentioned according to the true intent and meaning of the said Indenture and of these presents and to no other use behoof intent or purpose whatsoever And it is further covenanted conditioned concluded and fully agreed by and between the said Parties to these presents For payment of a further sum of money for the absolute purchase of the land mortgaged and the true intent and meaning of the said Parties to these presents is and the said R. L. and G. L. do covenant c. That if the said R. M his Heirs Executors Administrators or Assigns or any of them do not pay or cause to be paid unto the said R. L. and G. L. their Executors Administrators or Assigns nor to any of them the said Sum of 800 l. c. at the day and places of payment thereof above mentioned but shall make default of payment thereof or of any part or parcel thereof according to the true meaning of the said Proviso or condition whereby or by reason whereof the premisses and every parcel thereof shall become absolute to the said R. L. and G. L. their heirs and assigns according to the true intent and plain meaning of these presents that then they the said R. L. and G. L. their Heirs Executors Administrators or Assigns or some of them shall and will pay or cause to be paid unto the said R. M. his Heirs Executors Administrators or Assigns at or c. the full sum of c. in manner and form following that is to say on the c. day of c. the sum 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 witness c. Covenants for surrendring of Copy-hold Lands And the said D. S. for the consideration before in these presents expressed doth further covenant promise and grant for her self For making a Surrender her Heirs Executors and Administrators and for every of them to and with the said J. P. his Heirs and Assigns by these presents That she the said Dame S. S. or her Heirs shall and will on this side and before the Feast of c. at the charges in the Law of the said J. P. his Heirs or Assigns make and suffer or cause to be made and suffered a good and sufficient Surrender in Law to the use of the said J. P. his heirs and assigns 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 for every part and parcel thereof with the appurtenances being parcels of the said Mannor of C. and which late were the Copy-hold inheritance of T. C. deceased according to the custome of the said Mannor And the said Dame S. doth covenant c. That the said
this effect following viz. In consideration whereof the said R. L. and G. L. for themselves their Heirs Executors and Assigns and every of them do covenant and grant to and with c. by the se presents That if neither the said H.H. his heirs or assigns nor any of them do pay the said Sum of 4000 l. c. to the said R. L. and G. L. their Heirs Executors Administrators and Assigns nor to any of them according to the intent and true meaning of the said proviso or condition before herein mentioned that then they the said R. L. and G. L. their Executors Administrators or Assigns or some of them shall and will well and truly pay or cause to be paid unto the said H. H. his Executors Administrators or Assigns or some of them at the said c. the Summe of 1000 l. c. at or upon the second day of c. as the residue and in full satisfaction of the clear and absolute purchase of the said Mannor or Lordship Lands Tenements and other the premisses without fraud coven or further delay as in and by the said recited Indenture dated the said first day of c. amongst divers other Covenants Grants Articles and Agreements therein contained more plainly at large it doth and may appear Now this Indenture witnesseth That the said H. H. for divers good and sufficient causes and considerations him the said H. H. especially moving hath remised released and quit-claimed and by these presents doth for him and his heirs remise release and for ever quit-claim unto the said R.L. and G. I. in their full and peaceable possession and seisin being of the Premisses and to their heirs and assigns to the only proper use and behoof of them the said R.L. and G. L. their heirs and assigns for ever the said proviso and condition and all and every article matter and clause concerning the same and all and every the said covenants before herein recited and every article sentence and clause concerning the same and every or any of them all the estate right title interest claim condition entry benefit and demand whatsoever which he the said H.H. hath or may might should or ought to have claim of in or to the said Mannor or Lordship of E. Mannors Messuages Lands Tenements Rents Reversions Services c. and all other profits liberties commodities hereditaments and other the Premisses with their and every of their rights members and appurtenances whatsoever mentioned or expressed or intended to be given granted bargained and sold in or by the said recited Indenture dated the said first day of c. and of in and to every part and parcel thereof with the appurtenances and all manner of conditions covenants articles for conditions broken and demands whatsoever of touching or in any wise concerning the said Mannor or Lordship Lands Tenements and other the Premisses or any part or parcel thereof so that neither he the said H. H. nor his heirs or any of them nor any other person or persons for him them or any of them or in his or any of their name or names or in the name or names of them or any of them shall or will at any time or times hereafter ask claim challenge or demand to have any manner of estate right title interest or demand of in or to the said Mannor or Lordship and other the premisses or any part or parcel thereof other than such estates terms and interests as are in the former recited Indenture excepted But that he they and every of them except before excepted shall be thereof and of and from every part and parcel thereof from henceforth utterly barted and excluded for ever by these presents And further the said H. H. doth for him and his heirs confirm the estate of the said R. L. and G. L. of and in the said Mannor or Lordship Messuages Lands Tenements and other the Premisses To have and to hold all the said Mannor or Lordship Lands Tenements and other the Premisses to the said R. L. and G. L. their heirs and assigns for ever absolutely without any manner of condition whatsoever to the only proper use and behoof of them the said R. L. and G. L. their heirs and assigns for ever And the said H.H. and his heirs the said Mannor or Lordship Lands Tenements Hereditaments and all and singular the Premisses with their and every of their appurtenances unto the said R.L. and G. L. their heirs and assigns to the only proper use and behoof of them the said R. and L. their heirs and assigns for ever against all men shall and will warrant and for ever defend by these presents And the said H.H. doth also by these presents remise release and quit-claim unto the said R.L. and G.L. their heirs and assigns all manner of Errors Foster Writs of Error and personal demands whatsoever In witnesse whereof c. An Indenture of allotment of several parts of Lands THis Indenture sextipartite made c. between W. C. on the one part E. D. and D. his wife on the second part P. H. and F. his wife on the third part R.P. and M. his wife on the fourth part W.C. and E. his wife on the fifth part and T. L. and F. his wife on the sixth part Witnesseth That whereas divers and sundry Mannors Lands Tenements Rents Reversions Services and Hereditaments with the appurtenances late the inheritance of the late Lady J. B. deceased sometimes wife of the Right Honourable Sir E. B. Knight likewise deceased set lying and being in divers and sundry Countries Shires and places within the Territories of England by and after the death of the said Lady J. B. did lawfully descend and come and of right ought to descend and come unto the said W.C. E.D. and D. his wife P. H. and F. his wife R.P. and M. his wife W.C. and E. his wife T.L. and F. his wife that is to say to the said W.C. as Cosin and one of the coheirs of the said Lady J. B. that is to say Son of the Lady A. C. deceased daughter of the said Lady J. B. by G. C. Knight Lord C. late husband of the said Lady A. now likewise deceased lawfully begotten to the said D. C. and D. his wife in the right of the said D. one other of the Daughters and Co-heirs of the said Lady J. B. To the said P.H. and F. his wife in the right of the said F. one other of the Daughters and Co-heirs of the said Lady J.C. To the said R.P. and M. his wife c. one other of the Daughters and Co-heirs of the said Lady J. B. to the said W. C. and E. his wife as in the right of the said E. one other of the daughters and co-heirs of the said Lady J. B. and to the said T. L. and F. his wife as in the right of the said F. one other of the Daughters and co-heirs of the said Lady J. B. by reason whereof the
recite the Proviso as by the same Indenture it doth and may appear And for as much as by the order of the Common Laws of this Nation if either of the said A.B. or C.D. should fortune to decease before payment of the said Summe or if default be made in payment of the said Summe of c. Then as well the said summe of c. should wholly remain to the Survivor c. and for default of payment thereof the Survivor and his Heirs should wholly possesse the said Mannor c. according to the tenure of the faid Indenture to the onely use of the said Survivor and his Heirs contrary to the true meaning of the said parties for avoiding of which inconveniences and to the intent that either of the said parties his Heirs Executors and Administrators shall be duly answered of the premisses accordingly it is therefore covenanted and agreed between the said parties to these presents and the said A.B. doth covenant and grant for him his Heirs Executors and Administrators by these presents to and with the said C. D. his Heirs Executors and Administrators in form following that is to say That if the said E. F. his Executors Administrators or Assigns do pay or cause to be paid to the said A.B. or his heirs the said Sum of 200 l. at the day and place limited for payment thereof in the said Indenture That then the said A.B. his Executors or Assigns shall not only pay or cause to be paid to the said C. D. his Heirs Executors or Assigns within one month next after the day of payment of the said Summe the summe of one hundred pound being the moiety of the said two hundred pound but also shall deliver or cause to be delivered unto the said E. F. his heirs or assigns all such evidences as he or his assigns shall have received by force of the said former Indenture and thereof shall acquit and discharge the said C. D. his Heirs Executors or Assigns And further That the same A. B. his Executors or Assigns shall not at any time hereafter do knowledge cause procure or suffer to be done any act or acts deed or thing whatsoever which shall or may in any wise debarre avoid delay or hinder the tenour strength form or effect of the same Indenture or any covenant grant or article contained in the said Indenture or of any assurance estate or conveyance to be made of the Premisses or any parcel thereof to the said A.B. and C.D. or either of them their heirs or assigns or of any Bond made or to be made for the performance of any of them without the consent and agreement of the faid C. his heirs or assigns first obtained in writing for the same And further the said A. B. covenanteth and granteth c. That if the default be made in payment of the said Sum of two hundred pound by the same E. F. his Executors and Assigns in part or in all contrary to the form aforesaid That then the said A. B. and C. D. and their heirs shall stand and be seized of and in the moiety and one half of the Premisses to the use of the said C. D. and of his Heirs and Assigns for ever and that he the same A. B. and his heirs and all other claiming by him at all times after shall do and suffer to be done all such act and acts thing and things in the Law as shall be advised devised and required by the said C. D. his heirs or assigns or the learned Council c. for the better assurance of the same c. to the said C. D. c. with warranty against A. B. and his heirs discharged of incumbrances done by him or any claiming by him c. And the said C. D. doth covenant and grant ut supra mutat mutand tunc In witness c. An Indenture of Partition THis Indenture made c. between c. Witnesseth That whereas the said R. B. and T. B. hold joyntly for term of certain years yet during the Parsonage of F. in the County of Y. and all houses stables c. Take the words of the Lease thereto in any wise belonging or appertaining of the Demise and grant of one W. C. c. yielding therefore yearly unto R. W. c. or his assigns fifty five pound of c. at two Terms of the year equally during the said Tenure as by the Indenture thereof beareth date c. more plainly may appear Now the said parties by the advice of honest Friends and with their full and whole consent and agreement have made devision and partition between them of the said Parsonage Tithes and other the Premisses in manner and form following viz. That the said R.P. shall have the one equal moiety or half part of all the said Parsonage house Glebe-lands Tithes and other the Premisses in full recompence of his due part and portion of and in the same And that the said T. B. shall likewise have the other moiety or half part of the said Parsonage and of all and singular the premisses in full recompence of his due part and portion of and in the same To have and to hold to either of the said parties their Executors and Assigns severally as is above said from the day of the date hereof unto the end of the said term of years yet to come And also it is agreed covenanted and granted between the said parties That the said yearly Rent of fifty five pound to be due to the said R. W. or his assigns and other charges shall be equally paid and born between the said R.P. and T.B. their Executors or Assigns Tenants of the said Parsonage and other the Premisses from time to time during the said term viz. either of them their part and portion allotted as is aforesaid And for the true meaning performance and keeping of all and singular the said portions covenants conditions payments agreements and articles either party bindeth himself his Heirs Executors and Administrators to the other in these presents in the Sum of 20 l. of c. In witnesse c. An Indenture where three have purchased Land joyntly that upon sale thereof all summes of money shall be equally divided between them THis Indenture made c. between T. B. of the first part and A.K. of London on the second part and E.D. of London Gent. on the third part Whereas the said parties before the date hereof joyntly together at their equal costs and charges have paid disbursed and laid out divers Sums of money for the full clear and absolute purchase of c. Recite the Land the estate whereof remaineth in the said E. and one M. D. Gent. at the day of the date hereof to be assured to such person or persons as the said c. shall name or appoint Now this Indenture witnesseth That it is fully covenanted granted condescended and agreed between the said c. and every of them covenanteth and granteth for
not extend to Lands sold bona fide after the Judgment given when the money raised thereupon is paid or secured to be paid to Creditors in discharge of due debts But to return to Execution wherein we are to consider That the Writs whereby this Execution is made are some of them against the person some of them against the goods some of them against the Lands and some of them against the Body Lands and Goods together Co. 6.87 8.141 For the doing of Execution in a Suit for debt or damages the Writs are the Levari facias the Fieri facias and the Capias ad Satisfaciendum and sometimes the Exigent the Capias Utlagatum and the Capias pro fine The Levari facias is a Judicial Writ directed to the Sheriff for the levying of a summe of money upon the Lands and Tenements of him against whom the Judgment is Reg. Orig. fol. 298. The Fieri facias is a Judicial Writ lying for him that hath recovered in an Action on Debt or Damage directed to the Sheriff commanding him to levy the same of the Defendants goods Old Nat. Bre. 152. The Capias ad Satisfaciendum is a Judicial Writ grounded upon a Statute lying where a man hath recovered in an Action personal any debt or damages in the Kings Court directed to the Sheriff to command him to take the body of him against whom the debt is recovered and to put him in prison till Satisfaction be made to him that recovered And all these three last named Writs are to be sued out within a year and day after the Judgment obtained and not after without Scire facias And if they be sued out within the year they may be continued after the year till Execution Co. on Litt. 290. The Exigent is a Writ that lyeth where the Defendant in an Action personal cannot be found nor any thing within the County to be attached or distrained and is directed to the Sheriff to proclaim and call him five County days one after another charging him to appear under pain of Outlawry And if he be Outlawed then all his Goods and Chattels are forfeited And this mostly goeth forth before Judgment and in some cases after Judgment If it be before Judgment there must go before it three Writs of Capias ad Respondendum with a Non est inventus upon each of them returned But if it be after Judgment as it may on a Capias ad Computandum or Capias ad Satisfaciendum there it may issue out after the first Capias Termes del Ley. The Capias Utlagatum is a Writ of Execution or after Judgment which lyeth against him that is Outlawed upon any Suit directed to the Sheriff commanding him upon receit thereof to apprehend the party Outlawed for his contempt in not appearing upon the Exigent and to keep him in safe custody until c. and to bring him into the Court at the day of the return of the Writ where he is to remain without bail or mainprise Co. 12.103 There is also a special Writ in this case called a Capias Utlagatum inquiras de bonis et Catallis which is a Writ in a manner the same with the former but that it gives a farther power to the Sheriff over and besides the apprehension of his body to inquire of and seize upon his Goods and Chattels to the Kings use Old N. B. 154. The Capias pro fine is where a Judgment is given in a Case for a Plaintiff and it is in such a case where the Defendant is also to pay a Fine to the King the which being not paid to command the Sheriff to take and imprison him till he pay his Fine to the King Co. 3.1 2 3. The Extendi facias is that which is called the Writ of Extent whereby the value of Lands c. is commanded to be made and levied For to extend doth signifie in Law to value the Lands or Tenements of one bound by Statute c. who hath forfeited his Bond to such an indifferent rate as by the yearly Rent the Obligor may in time be paid his debt F.N.B. 131. And Extent doth sometimes signifie a Writ to the Sheriff for the valuing of Lands or Tenements and sometimes the Act of the Sheriff upon this Writ And if the Sheriff delay to execute the Writ of Extendi facias in the delivery of Lands Goods and Chattels of the Conusor to the Conusee that are apprised and taken into his hands upon the Extent he may be be forced to it by a Writ called a Liberate The Elegit is a Judicial Writ grounded upon the Statute and lyeth for him that hath recovered debt or damages in the Kings Court against one not able in his Goods to satisfie directed to the Sheriff to command him to make delivery of half the parties Lands and Tenements and all his Goods Oxen and Beasts for the Plough excepted Old Nat. Bre. 152. Reg. Orig. 129 299. The Scire Facias is a Judicial Writ most commonly to call a man to shew cause to the Court whence it is sent why Execution of a Judgment passed should not be made And this commonly is not granted before a year and a day be passed after the Judgment given In which cases for the most part Execution is not grantable until this Writ and the return thereof be had and past Vet. N. B. 151. And where a man shall be put to this To have Execution or not see 21 E. 3.22 Execution 53 55 69 89 97 143. Scire Facias 126. Execution 102 164 243. And here observe That Executions may be arrested and stayed by the Court wherein the Judgment is given By the Common Law for a debt for which a man had Judgement he could have had neither Body nor Lands in Execution in case of a common person but the Goods and Chattels and Profits of the Lands except in case of an heir chargeable by the deed of his Ancestor but the Law is now otherwise for at this day upon a Judgment given for debt or damages in the Courts of Record at Westminster generally the moyety of all the Land that the Defendant hath tempore redditionis judicii or at any time after and all the Goods and Chattels he hath tempore Executionis or the day of the Writ awarded shall be subject and lyable to the Executionâ— and all these may be taken in Execution by the Sheriff into whose hands soever they be come Dyer 306.34 Co. 3.12 34 H. 6.45 The Ca. sa did not lye at the Common Law against any man for debt but in case of the King until 25 E. 3.17 Vide Co. 3. in Sir William Herberts Case How the Sheriff and his Officers are to perform their Office in doing execution the following Observations will shew 1. If the Sheriff have a Writ of Execution delivered to him and a Writ of discharge or Supersedeas come to the Sheriff but he hath not notice of it In this case he may serve
245 Condition to pay money weekly 297 Condition to pay money in 3 years 298 Condition collaterall 299 Condition to pay money at ones returne from Sea 301 Condition to deliver wooll 302 Condition to renew a Lease when the Lessor comes to full age 303 Condition to gather Rents and give account thereof 304 305 Condition to bring an Inventory into the Prerogative Court by a day 307 Condition to assure mortgaged lands upon defect of redemption 308 Condition to acknowledg a Statute by a day 309 Condition not to meddle with an Executorship c. 310 Condition to procure a release and save harmless 311 312 337 Condition to release Dower 313 Condition that a man will suffer his wife to make a Will 313 385 Condition to marry one by a day c. 314 Condition to be a true Prisoner ibid. Condition to save harmless c. 315 333 338 502 Condition of a Factor to serve his Merchant c. ibid. Condition to pay use for Orphanage or Legacy-money 316 Condition for executing a Gaolership 317 339 Condition to reassure lands 318 Condition to find an Apprentice clothes 323 Condition not to be bound for any one 324 Condition to surrender land or pay money 325 Condition to keep the Peace ibid. Condition to pay money c. 326 327 Condition to recover a debt c. ibid. Condition to enjoy lands for non-payment of money 329 Condition upon an Attachment 331 Condition about payment of purchase-money 334 Copyhold lands demise thereof 358 Conditions of several kinds 383 384 647 648 649 Constables Articles to be observed by them 391 Condition to Replevy goods 438 Conveyance of land by 3. Co-heirs and their husbands 507 Covenant to deliver Evidences by such a time 525 Covenant to settle lands for natural affection 534 Condition of a Counter-bond 535 Condition to save harmless 581 582 D. DEed to justifie Actions upon setting over a Statute 30 Dower release thereof 45 Demise of divers lands c. paying a pepper corn yearly 108 Defeasance upon a Bond sued to Judgment 115 167 Defeasance to make void Statutes c. 123 Debt bill thereof 163 Defeasance upon a Statute 167 416 550 Defeasance upon a Mortgage 168 Deed of Settlement to several uses and in default c. as by Will or other writing shall be appointed 293 Debts assignment thereof c. 370 Declaration by a wife of the disposal of a sum of money according to a power reserved c. 375 Discharge to the Sheriff 388 Debts Conveyance for payment of debts 410 Demurrer and Plea form thereof 425 Deputation to a Bayliff or Receiver 644 Disease condition to cure it or repay the money 646 E. EXtent a grant thereof 40 Executor discharged from an Orphans portion in London c. 190 Executors covenant to discharge them from payment of Legacies to Nonage 192 Executors bound to diligence in executing a Will and to account 194 Extent assignment thereof 322 Executors Covenants between them 503 Executor condition to save him harmless 548 F. FIne Covenant to levy it 150 162 185 276 Fine uses thereof declared by Deed 269 Forma Pauperis certificate affidavit and Petition or the same 426 427 Feoffment with a Letter of Atturney 462 Fine uses thereof well declared 526 G. GRant of the reversion of certain Lands 22 Gift Deed of Gift 44 234 235 Goods in a Ship transport thereof 232 Observations upon a Deed of Gift 236 Grant of Lands in Fee in consideration of money and other Lands in exchange 551 Grant of the next Donation of a Benefice 655 H. DEed to save Harmless 6 I. JUdgment assignment thereof with a Letter of Atturney therein 12 139 173 Joynture an assurance thereof to a wife with remainder in tail 47 A Joynture with divers limitations and a Proviso for Revocation 76 Indenture to lead the use of a Fine 107 Indenture of redemise c. with Proviso c. 110 Joynture to the wife before marriage 128 220 Judgment condition to acknowledg satisfaction thereon 154 Joynture a deed thereof with uses 227 Inheritance conveyed by Deed c. 265 Indenture for equal division of goods c. 414 640 Indenture in lieu of Joynture 505 Indenture of Settlement well penn'd 541 L. LEase with extraordinary Covenants 4 Lease of a house and lands made in consideration of a sum the Fee-simple being in the Lessor 8 Letter of Atturney to receive one single debt 33 144 Lease in consideration of the surrender of a former with good Covenants 35 Lease of Tythes 43 Lease of a Fee-Farm c. with necessary Covenants 49 Letter of Atturney to enter upon lands and deliver a lease 55 56 145 202 Lease of divers lands c. with covenant to pay Heriots c. 71 Lease of lands by way of mortgage 92 Lease of a house in London 112 Lease to try a Title 129 387 Lease of a house and lands in the Country 209 Lease of a Warren of Conies 354 Licence to Hawk Hunt and Fish ibid. Lease of Cole-Mines 355 Letters of Licence 356 371 373 458 Lease of goods levied by the Sheriff 360 Lease of lands in Barbadoes 361 Lease from a Company 363 Lease from a Parson and Church-wardens with a Covenant for building c. 364 Lease from a Town or Corporation 365 Lease for 3. lives with Letter of Atturney c. 367 519 Livery of Seisin Memorandum thereof 413 490 Lease of a Mill 434 Lease for a year 452 Lease of a side of a Shop c. 459 Lease in trust 493 495 Lease of Lands with Exception of Woods 514 Lease forfeited upon a Mortgage assignment thereof 517 Lease to be void on payment of c. 583 Lease of a Ferry 588 Lease to three whereby every one is to pay bear and receive equally 641 M. MOrtgage assignment thereof 14 Mortgage for indempnity of Sureties 15 Maâ—â—mony pretended contract thereof revoked 97 Mortgage of Lands upon money c. 101 Marriage condition concerning it 163 Mortgage confirmation thereof 469 Marriage Lands setled to uses thereon and a fine levied to those uses 471 473 Mortgage deed thereof 476 Mannor Conveyance thereof 479 Marriage Indenture to stand seised to uses in consideration thereof 567 N NOnsuit condition to pay money thereon 162 O OBligations Assignment of two Severall ones 52 Obligation covenant to deliver it 185 Covenant to discharge it by a day 328 Obligation single from one to one 437 From two to one ibid. From three to one 438 Obligation and Condition from a bayliff and his Suretyes to a High-Sheriff 578 P PRoviso to make a demise void and a Covenant to grant a a new Lease 54 Partition Indentures thereof 116 389 639 Protection in Parliament time 172 Protection revoked 208 Partition of debts between partners 24â— Partnership deed thereof between four Merchants 398 Plea and Demurrer 425 Forma pauperis Certificate and affidavit thereof 426 Presentation of a Minister to a Living 446 Parsonage a Lease thereof 447 461 462 Park Keepership thereof granted 643 R