THE MODERN ASSURANCER OR THE CLARKS DIRECTORY Containing the PRACTICK PART of the LAW in the exact Formes and Draughts of all manner of Presidents for Bargaines and Sales Grants Feoffments Bonds Bills Conditions Covenants Joyntures Indentures to lead the Uses of Fines and Recoveries with good Provisoes Covenants to stand seised Charter-Parties for Ships Leases Releases Surrenders c. And all other Instruments and Assurances now in use Intended for all young Studients and Practizers of the LAVV. By J.H. With an exact Table wherein may be found the principall Matters therein contained LONDON Printed for Henry Twyford and are to be sold at his Shop in Vine-Court Middle-Temple and Nath. Brook at the Angel in Cornhill 1658. THE MODERN ASSURANCER OR THE CLARKS DIRECTORY Containing the Practick Part of the LAW in the exact Formes and Draughts of all manner of Presidents Printed for H Twyford N Brooks 1658. TO THE READER THere are many Books of Presidents of Conveyances Assurances and Instruments now extant which indeed are very good and usefull in their severall natures and kinds But there being no Peice so contrived as to contain in it self all manner of Instruments I was desired by severall persons to make an exact Collection of some Presidents of every sort so that with this Book and my former Collections Intituled the Conveyancers Light you might be sufficiently furnished with perfect Presidents fitted for every purpose without the trouble of turning over other Books And the same are so Methodically disposed under particular Heads that you may out of the same extract any Grant Covenant Proviso Article Condition Agreement or any other thing as your Case shall require And by the means aforesaid you may find both Matter and Forme to compose perfect and compleat any Instrument whatsoever And the Formes that are here put for Conditions of Bonds may w th much ease be turned into Provisoes Conditions or Covenants as occasion shall require I shall add no more but hoping that these my Endeavours will answer thy Expectation I leave them to thy Candid Censure John Herne THE MODERNE ASSURANCERS STUDY opened Being a Collection of all manner of ASSURANCES now in use both absolute and Conditionall Articles of Agreement Articles of Agreement upon a marriage ARTICLES Indented of Agreement concluded upon between I. Q. of Graies-Inne in the County of M. Esquire W. R. of C. in the County of M. Esquire W. Q. Citizâ—n and Mereer of L. and R. B. Citizen and Draper of L. aforesaid on the one party And W. B. Citizen and Haberdasher of L. on the other party of for and concerning a marriage to be had and solemnized by Gods grace between the said W. B. and I. Q one of the Daughters and Orphants of I. Q late Citizen c. The which said Articles being agreed and fully concluded upon between the said parties first above mentioned the eight and twentieth of January in the year c. do hereafter insue in manner and form following That is to say First the said W. B. doth faithfully agree promise and conclude to and with the said I. Q. W. R. W. Q. and R. B. That he the said W. B. shall by Gods grace before the 25. of June next coming take to wife the said I. Q. if she will thereunto consent and agree Item the same W. B. doth promise conclude and agree in manner and forme aforesaid That he shall before the end of Easter term next ensuing together with his brethren H. B. and B. B. levy a Fine unto such persons as shall be named by the said I. Q. W. R. W. Q. and R B. The which Fine shall be Sur Conusans de droit come ceo c. of Lands Tenements and Hereditaments in the County of the clear yearly value of fifty pounds of c. over and above all charges and reprises The which Cognizees in the same Fines and their Heires shall be seised of the said Lands Tenements and Hereditaments comprized in the said Fine from the time of the celebration of Matrimony between the said W. and I. to the use and behoof of the said W. B. and I. and of the heires males of the body of the said W. B. to be begotten of the body of the said I. and for lack of such issue then to the use of the said W. B. and of the heires males of his body lawfully begotten And for lack of such issue to the uses intents and true meaning of an entail thereof made by one H.B. deceased Father of the same W. B. Item the same W. B. doth promise conclude and agree in manner and form abovesaid That he shall and will within the time and space of foure yeares next ensuing the date hereof purchase obtaine and procure Lands Tenements and Hereditaments of the clear and yearly value of fifty pounds by the year above all charges and reprises to be lawfully assured and conveyed unto him the said W. and to the said I. and to the heires males c. upon the body of the said I. to be begotten with the remainder of the same Lands Tenements and Hereditaments to the said W. B. and his heires for ever And if it fortune that the said W. B. doe decease within the said foure yeares now next ensuing as aforesaid and before that he have purchased obtained and procured Lands Tenements and Hereditaments to the clear yearly value of fifty pounds by the year in manner and forme above rehearsed Then shall the said W. B. leave give and bequeath unto the said I. by his last Will and Testament or otherwise the full and entire sum of six hundred pounds of c. over and besides such part and portion as she the same I. may justly and lawfully claim and challenge by the most laudable and ancient custome of the City of London Item the same W. B. is pleased and contented That if the same I. shall fortune to decease before him the said W. B. That then it shall and may be lawfull for the said I. by her last Will and Testament to give and bequeath the full summe of two hundred pounds of c. to what person or persons it shall best stand with the likeing good will and pleasure of her the said I. And the same W. B. doth most faithfully promise and agree to content and pay the same summe of two hundred pounds to such person and persons as to whom she the said I. shall in manner and forme aforesaid will bequeath name or appoint the same to be paid within three moneths next after her decease any Law or usage to the contrary notwithstanding Item the said W.B. doth by these presents for him and his Executors promise and agree in manner and form aforesaid That if after such time as the full portion legacy or childs part being due unto her the said I. be contented and paid unto the said W. B. There fortune any debt or bond to appeare to be lawfully due to any person or persons by the
decease THe Condition of this Obligation is such That whereas there is a Marriage agreed upon and contracted between A. A. the younger Son and Heir apparant of the said A.A. the elder now Lord Mayor of the said City of L on the one party and M C the onely Daughter of I. C late cited and c. deceased on the other party If the said A A the elder or his Heires at their own proper costs and charges on this side the 20 day of c. next c. upon reasonable request and two dayes respite for the overlooking thereof do make and convey or cause to be made and conveyed a good and perfect assurance in the Law of all those Lands Tenements and Hereditaments of Freehold and Copyhold whereof the said A the elder hath delivered particulars to the said H S expressing and rating the same at the cleer yearely value of a hundred pounds of c. over and above all charges and reprises to and for the onely use and behoof of the said A.A. the elder for the tearm of his naturall life onely without impeachment of wast and after his decease to and for the use and onely behoof of the said A.A. the younger and M.C. and of the Heirs of their two bodies betwixt them two lawfully to be begotten And for lack of such Issue then to the use of the Heires of the body of the said A.A. the younger lawfully to be begotten And for lack of such Issue then to the use of the said A.A. the elder and of his next Heires for ever in such manner and form and to such persons and by such manner of lawfull and reasonable conveyance and assurance in the Law as by the said H.S. and E B. or the Survivor of them or by their or any of their Councell learned in the Law shall be lawfully and reasonably devised or advised and required as aforesaid The same Lands Tenements and Hereditaments by good and lawfull title and conveyance in the Law then at the time of the said Assurance making being in the lawfull Seisin of the said A.A. the elder and A.A. the younger or of one of them to the only use of themselves and their Heires or the Heires of one of them without any Condition to the elâ—er and full yearely value of a hundred pounds of c. above and beyond all charges and reprises And the same also then being free and cleer discharged or acquitted or from thenceforth saved and kept harmlesse of and from all and singular former Grants Estates Titles and Incumbrances whatsoever had made or knowledged by the said A. A. the elder or A.A. the younger or by or under their Title or Estate or the Title or Estate of either of them the Rents and Services from and after the decease of the said A.A. the elder to be due to the chief Lords of the Fee and Leases for tearm of yeares not to be prejudiciall to the yearly value aforesaid onely except And if also the said A.A. the elder his Executors or Administrators within six months next and immediatly ensuing from and after the day of the solemnization of marriage between the said A. A. the younger and the said M. C. do well and truly content and pay or cause c. to the said A. the younger and M.C. towards the preferment of the same A. in the same marriage the summe of a thousand pounds of c. without any manner of fraud or covin And moreover if the said A.A. the elder at the time of his decease do by his last Will and Testament give and bequeath or otherwise leave by sufficient conveyance or assurance to the said A.A. the younger and to the said M.C. the summe of a thousand pounds of c. So as the said A. the younger and the said M. if they two be then living may have and enjoy by and after the decease of the said A. the elder the said summe of a thousand pounds either by the gift bequest or leaving of the said A.A. the elder without fraud or covin That then c. A Condition by one having the Office of the Keeper of the Worsted Hall and Hall for English Bayes in London granted unto him to collect the Duties and be accountant to the Hospitall upon request THe Condition c. That whereas the within named Governours that is to say the Mayor and Comminalty and Citizens of the City of London Governours of the Possessions Revenues and Goods of the Hospitalls of Edward King of England the sixth called Christs Bridewell and St. Thomas the Apostle have admitted the within bound R.W. to the Office of the Keeper of the Market places commonly called the Worsted Hall and the Hall for English Bayes within the City of London therein truly and faithfully from time to time to collect gather and receive for the use of the said Governours towards the relief of the poore children harboured in Christs Hospitall in Newgate-market of London aforesaid all and singular such Profits Rites and Duties as shall there be due or payable to the use aforesaid for Worsted Bayes or any other Wares or Merchandizes to be brought to the said Halls or either of them or for any Hallage or Stoage of the same in the said Halls or either of them If therefore the said R. and W. by and during all the tearm that he the said R. shall continue in the said Offices or either of them do well and faithfully collect and gather all and singular the said Profits Rites and Duties as a diligent true and faithfull Officer ought to do And if also the said R. his Executors and Administrators from time to time when as he or they shall be thereunto reasonably required by the said Governours or their certain Attorneys or the Treasurer of the said Hospitall for the time being do yeild make and give up to the said Governours their Deputies or Attorneys or to the said Treasurer as well a perfect just and true account of all the Premisses As also full and true payment of and for all the said Profits Rites and Duties which shall be had or received by the said R. his Servants Deputies or Ministers whosoever from time to time during his continuance in the said Office or either of them That then c. A Condition to put in Surety by a day to save one harmless having given his word for a Debt THe Condition c. That where the within named E. B. at the request and for the debt of the within bounden T. B. hath agreed and undertaken for the payment of thirty pounds of c. by the said E. his Executors or Administrators to be paid to F. D. Citizen and S. of L. his Executors or Administrators according to the tenor and effect of one paire of Indentures dated c. made between the said F. on the one part and the said E. on the other part If the said T. together with one A.B. of c. or together with W.B.
his executors administrators and assignes at all times upon lawfull request untill the end of the said term of fifty years clearly discharged acquitted or saved harmlesse of and from all and singular former bargains c. before that time had made or done by the said G. C. or by any other person or persons by his meanes commandment or procurement the Rents and Covenants reserved in the said Indenture of Lease onely excepted Or else if it shall fortune the said G. C. to decease and depart out of this present life before the said last of October next c. and the said writing of Assignment to be made by the said G. as is abovesaid then being not before made and delivered to the said I. L. his executors administrators or assignes as is aforesaid Then if the said P. P. his Executors c. do well and truly pay or cause c. to the said I. L. c. at c. the summe of eighty foure pounds of c. which the said W. C. oweth to the said I. on the sixth of November then next c. at one entire payment That then c. A Condition to make Grant of an Annuity for two lives by a day THe Condition c. That if E. G. of D. in the County of N. E. Esquire at or on this side the last of June next c. by writing Indented under his hand and seale to be knowledged and enrolled in the high Court of Chancery give grant and confirme to the within named R. M. his executors administrators and assignes one annuity or yearly rent of twenty pounds of c. being yearly issuing and going out of the Mannors Lands Tenements and Hereditaments whereof the said E shall then be seised in Fee-simple to the clear yearly value of thirty pounds of c. and which shall be and remaine clear of all charges and encumbrances prejudiciall to the same yearly value the same annuity to be had levied taken paid and enjoyed to the same R. M. his executors administrators and assignes by and during all the term of the naturall lives of D. M. now wife of the said R. M. and of R. M. Goldsmith Son of the said R. M. Alderman and by and during all the term of the naturall life of the longest liver of them the said D and R. yearly in the Feast dayes of c. or on the twentieth day next ensuing every of the said Feast dayes by even portions at the Shop c. The first payment thereof to begin c. That then c. A Condition that if the Obligor sell his house then the Obligee to have the preferment thereof before another THe Condition c. That if the case the within bound T. G. his executors administrators or assignes or any of them shall at any time or times hereafter be minded or disposed to bargaine sell give grant alien demise let set or otherwise do or put away that Capitall Messuage c. and three Messuages c. in the occupation c. scituate c. or any of them or any part or parcell of them or of any of them or the interest or terme of yeares yet to come or any part thereof which the said T. G. hath or had should ought might or may have of in or to the said Messuages with the Appurtenances by vertue force or meanes of one Indenture of Lease dated c. made and granted by A. B. to C. D. for the term of c. beginning c. or by vertue of any other writings or conveyances whatsoever That then if the said I. H. his Executors or Administrators shall have the preferment of buying and first offer thereof and shall have the bargaine and sale of the same before any other person or persons so that the said I. H. his Executors Administrators or Assignes within twenty dayes next after offer thereof to him or them made will and do give and pay for the same as much ready money as any other person or persons without Fraud or Covin will give and pay for the same That then c. or else c. A Condition that where the Obliger hath taken up money by exchange at Antwerp for the Obligee to be returned by Re-change to London the Obligor is bound to pay it at re-change with the interest THe Condition c. That where the within named I. A. at the speciall request of the within bound I. L. hath appointed G. L. servant to the said I. A. now resident in Antwerp there to provide and take up as much Flemish money as shall satisfie eight hundred fifty eight pounds seventeen shillings six pence of lawfull money of England which the said I. L. hath taken up in the City of London by way of Exchange unto Antwerp aforesaid and from thence to be returned againe by re-change to be paid and clearly satisfied in the City of London aforesaid by the said I. L. his Executors or Administrators according to the order in such case used amongst Merchants If when the said G. L. or any whom he shall appoint shall fortune to returne the Bills of the said re-change upon the said I.L. his Executors or Administrators unto the City of London The said I. L. his Executors or Administrators do indelayedly accept the said Bills according to the effect thereof and the customes of Merchants without fraud covin or delay And doe well and truly make payment or other contentation and satisfaction of and for the said eight hundred fifty eight pounds seventeen shillings six pence of lawfull money of England so to be re-changed as aforesaid and of and for the exchange and re-change thereof and all charge arising of or about the same so and in such sort as no charge losse or hindrance thereby or thereof do come grow or happen to the said I. A. and G. L. or either of them or to the Executors or Administrators of either of them for or touching the Premisses in or by the default of the said I. L. his Executors or Administrators That then c. Or else c. A Condition upon a Letter of Attorney for receiving of sundry debts THe Condition c. That where the within bound E. L by his writing or Letter of Attorney bearing date c. hath authorized and made the within named I I. his lawfull Attorney irrevokeable to aske levy recover and receive for him and in his name of C. H. of c. And R. B. of W. c. and of Sir T. K. of O. in the County of K. Knight and of every of them and of the Heires Executors and Administrators of them and every of them all such debts dueties summe and summes of money and other things that they or any of them were indebted or did owe unto him the said E. or which they or any of them stood bound to pay unto him by Bond Bill Obligation Specialty Recognizance or otherwise as by the said writing or Letter of Attorney more plainly
whatsoever of his said Father whereof he shall fortune to dye possessed or then to be entituled unto If therefore the said W K. the younger his Executors or Administrators or any other for or in the name or names of him or them or any of them at any time or times hereafter before or after the death of the said W. the elder do not nor shall not claim demand challenge or desire to have any further or more allowance for or of his said Childs part or portion then he hath already had and received Neither do nor shall at any time or times after the death of the said W. the Father in quiet vex molest or trouble the Executors or Administrators of the same W. or any of them for in respect of the Childes part or portion of the said W. the younger aforesaid or for or by reason of any the Goods Chattells or Debts of the said W. K the elder whereof he shall fortune to dye possessed or then be entituled unto as aforesaid other then for such as the same W. the elder shall by his last Will and Testament give and bequeath to the said W. the younger That then c. A Condition not to make any challenge against one for any contract of Matrimony nor to trouble or vex any person whom the Obligee shall marry THe Condition c. That if the within bound E. M. or any other person or persons for her or in her name do not at any time or times hereafter make any challenge claim or demand in Law to or against R. N. of L. Merchant for or by reason of any contract promise or matter of Matrimony whatsoever heretofore passed concluded upon or had in talk between the said E. and R. neither do at any time or times sue vex trouble or molest the said R. or any other person or persons whom he shall hereafter fortune to marry for or concerning the premisses or any of them in Law or otherwise that Then c. A Condition to confesse an Action in one of the Counters by a day THe Condition c. That whereas the within named A. B. at the time of his decease did owe unto N. W. and others the summe of two hundred pounds of c. for the which actions are now depending against the said R. R. in the Counter in Woodstreet of L. And whereas the within named R. M. at the request of the within bound R.R. and T.T. hath at his own charges on the behalf of the said R. compounded and taken order for the said debt with the said N W. and the said other persons If therefore the said R. R. and T.T. when as the said R.M. at any time between the five and twentieth day of March and the 6th of June next coming shall enter an action of debt in any of the two Counters in London against the said R. and T. upon the demand of two hundred pounds as due and owing to them by the said R. do then within two daies next after the entring of the same action personally appear in the same Counter where the said action shall be entred and do there in open Court in due forme of Law according to the use and custome there used plainly and apertly confesse and acknowledge upon Record themselves to owe to the said R. M. the said summe of two hundred pounds to be levied of the said R. and T. and either of them and of all their Goods and Chattells and the Goods and Chattells of every of them to the use of the said R.M. and his Executors That then c. A Condition by a Bayliff of a Mannor for the due execution of his Office and for making true account of the Rents and Revenues of the Mannor THe Conditioner c. That where the within named R. T. hath appointed the within bound R. K. Bayliff of the Mannor of E. in the Counry of E. If the said R. K. shall well and truly execute the said Office and to the best he can or may gather and receive the Rents Issues and Profits of and within the said Mannor from time to time to be due to the said R. And thereof and therefore shall at two times in the yeare yearely make true account and due payment to the said R. or his assignes from time to time so long as the said R. shall continue or deale in the said Office That then c. A Condition to make a Woman a Joynture by a day and to make safe delivery of the Writing thereof to the Womans Friends THe Condition c. That if the within bound T. W. in his life time and before the end of one yeare next ensuing the date within written do as well plainly and lawfully assure or cause c. by good and lawfull conveyance and assurance in the Law to E. now wife of the said T. and naturall Daughter of the within named T.S. or to some other person or persons to the use of the same E. for and in the name of her Joynture Lands Tenements and Hereditaments of freehold or of Copyhold of the cleer yearely value of forty pounds or above of such good and cleer title in the Law so as the said E. if she fortune to survive the said T. shall or lawfully may from the decease of the said T. have take perceive receive and enjoy yearely Rents and Profits thereof to her own onely use to the cleer yearly value of forty pounds or above beyond all charges and reprises for and during the term of the naturall life of the said E. without any let molestation recovery or eviction As also within twenty daies next after the making of such conveyance and assurance as aforesaid do well and safely deliver or cause c. all the Writings and Instruments thereof and therefore to be made into the hands of the said T.S. if he be then living or else into the hands of the said E. or of such other person or persons as she shall appoint safely to her use to be kept That then c. A Condition where such as have Childrens Portions out of the Chamber of London and being by reason thereof charged with their Education are bound to pay their Mother yearely who hath undertaken their Education after the rate of seven pounds per cent THe Condition c. That where the above bound T. S. W. G. and I. S have had and received into their hands of the above named A.H. the summe of seven hundred forty three pounds of the portion of T. M. W. and I. Children and Orphaus of the above named W. H. and thereupon by severall Recognizances taken and knowledged according to the custome of the said City of London with others are become bound to G. H. Chamberlain of the said City and to his Successors for the payment thereof to the use of the said Orphans As by the said Recognizances and their Conditions doth appear And whereas the said T. S. W. G. and I.S. by the
As by the said Indenture made betweeen the said W.M. and I I. doth and may appear If the said W.M. his Executors Administrators or assignes or some of them do not well and truly pay or cause c. to the said I. I. his certaine Attorney Executor or administrator the said summe of a hundred pounds at the day and place limited for the payment thereof by the said first recited Indenture If then the said R M his Executors or administrators upon reasonable request to them or any of them to be made by the said J.J. his Executors or administrators and for and in consideration of a lawfull and sufficient assignment and conveyance to be made from the said J.J. his Executors or administrators to the said R. his Executors and administrators of the said Lease and of all the right interest and terme of yeares which the said I. his Executors or administrators shall then have to come in the Tenement with the appurtenances demised by the said Original Lease cleerly acquitted and exonerated of and from all former Bargains Sales Leases arrearages of rents forfeitures re-entries and cause and causes of forfeiture and re-entry and of and from all other Titles troubles and incumbrances whatsoever then to be had made or consented unto by the said J. J. his Executors or Administrators do well and truly pay or cause c. to the said J.J. his certain Attorney Executor or Administrator at the said dwelling c. the summe of a hundred pounds of lawfull c. without fraud or covin That then c. A Condition that an Heire shall make a Lease of land for three lives when he cometh to age THe Condition c. That if the above bound G. H. when he shall accomplish and come unto the full age of one and twenty yeares or within three months then next following do seale and deliver unto the above named J.H. and to such other two persons as the said J. shall thereunto nominate and appoint a good sure sufficient and lawfull Lease in writing of and in one Messuage or Tenement and all houses and buildings thereunto belonging and all Orchards Gardens Lands Meadowes Leasures Pastures Feedings Commons Commodities and Profits whatsoever with all and singular their appurtenances to the said Messuage or Tenements belonging or in any wise appertaining set lying and being in M. in the said County of S. and late in the Tenure and Occupation of one W.W. To have and to hold the said Messuage or Tenement and all other the premisses with their appurtenances before mentioned to the said J.H. and to those other two persons whom the said I. shall nominate and appoint and to his and their assigns for and during the term of the naturall life of the said I.H. and for and during the naturall lives of those other two persons whom the said I. in the said Lease shall nominate and appoint reserving alway to the said G. H. his Heires or assignes the yearly rent of 20. s. of lawfull English-monie to be paid yearly by equall portions at the two usuall Feasts by the said I. H. and by those other two persons to be named by the said I.H. in the said Lease or by his or by any their assignes during all the said term of three lives And also if the said G.H. when he shall accomplish the full age of one and twenty yeares before specified or within three months then next after as aforesaid do deliver or cause to be delivered to the said I H. and to those other two persons to be named in the said Lease full and peaceable possession livery and seisin of and in all the said Messuage or Tenement and of and in all and singular the premisses with their appurtenances whatsoever in as ample and large manner as the said W.W. or his assigns have had occupyed and manured the same That then c. A Condition to leave a Wife 100 l. Joynture during her life if she survive the Husband THe Condition c. That if after marriage had and solemnized between the within bound N.W. and M.C. Sister of the within named I.C. the said N. do depart this present life and the said M. do survive and overlive the said N. Then if the said N. at the time of his decease do leave Lands Tenements and Hereditaments of a good and cleer Title in the Law of the cleer yearly value of a hundred pounds of c. over and beyond all charges and reprises whatsoever lawfully and sufficiently assured unto the said M. or to her use for and during all the tearm of her naturall life for and in the name of her Joynture in such sort that she the said M. and her assignes from the time of such decease of the said N. may lawfull have and enjoy the same Lands Tenements or Hereditaments and perceive and receive the yearely Rents and Profits of the same to the cloer yearly value abovesaid by and during all the tearm of the naturall life of the said M. to and for the onely use of her and her assignes without any lawfull ler molestation recovery encumbrance or interruption of or by any person or persons whatsoever That then c. A Condition depending upon a Release of a Contract of Marriage THe Condition c. That where there is a Suit in a Cause of Matrimony depending in the Court of the Arches between B. B. of London Plaintiff on the one part and E. F. of London Clothworker on the other part Wherein as it is hoped and thought the said E. shall be delivered and discharged by Sentence absolutory of the Judge of the said Court from the claim and demand of the said B. there made and propounded against him If the said E. shall at his own costs and charges from time to time and at all times so long as the said Suit shall depend in the said Court offer perform and do his best good will diligence and endeavour for the speedy obtaining of Sentence absolutory in the said Cause wherein neither the said E. nor the said B. shall be condemned in any expences or charges for in or concerning the said Suit That then c. A Condition for payment of monie upon request THe Condition c. That if the within bound A. B. his c. do pay c. to the within named C.D. his c. the sum c. of lawfull c. at one entire paynent at the Mansion-house of the said C. D. scituate c. at or before the end and expiration of six weeks next after request shall have been made by the said C.D. his Executors Administrators or Assigns or any of them at the Shop now in the occupation of the said A. B. in W. of L. for or touching the payment of the said summe of c. That then c. A Condition by a Raker to a Scavinger for ridding of Streets in London THe Condition c. That whereas the within named R. M. the day of the date
every such further act and acts thing and things assurance and assurances in the Law with warranty onely of the said A. the elder against him and his heires or otherwise without warranty As by the said H. and E. their Heires or Assignes or their learned Councell shall be reasonably devised or advised for the further better and more perfect assurance surety and sure making of all and singular the Premisses with their Appurtenances to be had and made sure onely to the severall uses and behoofs above mentioned In witnesse c. An Indenture of Covenants between the Fathers of a man and woman to be marryed where each covenanteth to assure them Land and money of equall quantity by a day and where each is to allow them more Land a peece at their decease THis Indenture c. Between T. W. of B. in the County of S. Clothier on the one part And M. W. of K. in the County of W. Clothier on the one part witnesseth Thet for and in consideration of marriage to be had solemnised and consumnate between R.W. Son and Heire of the said M and E. W. eldest Daughter of the said R. W. It is covenanted granted concluded and agreed between the said parties to these Presents in manner and forme following That is to say Consideration of marriage The said M. for him his heires Executors and Administrators doth covenant and grant to and with the said T. W. his Executors and Administrators by these Presents That the said R W. by Gods favour shall marry and take to his wife the said E. W. and her espouse wed according to the law of God and use of the Church of England Each of the fathers covenant that the children shall marry by a day on this side the first day of May which shall be in the year of our Lord God c. If the same E. will thereunto agree And in like manner the said T. W. for him c. doth covenant with the said M c. that the said E. W. by Gods favour shall marry and take to her Husband the said R. W. and him espouse and wed according to the Law and use aforesaid on this side and before the first day of May which shall be c. if the said R. will thereunto agree And in further Consideration of the said marriage so betwixt the said R. and E. to be had and consumate as aforesaid The said M. for himselfe his Heires Executors and Administrators doth further covenant grant and promise to with the said T. his Ex. and Adm. by these Presents in manner and forme following that is to say The husbands Father covenanteth to assure Land by a day That he the said M. on this side the first day of May above named shall and will at his own charges and expences make and execute or cause to be made and executed to the said R. and E. and to the Heires of the said R. or to some other person or persons and their heires such estate and conveyance or estates and conveyances of Lands Tenements and Hereditaments in the County of G. to the clear yearly value of twenty pounds above all reprises and whereof the said M. at the time of the making and executing of the said estates and conveyances shall be lawfully seised in his demesne as of fee simple so as by force of the same estates and conveyances of the said R. and E. immediatly from and after the time of their said enter marriage shall and may lawfully have and hold all the said Lands Tenements and Hereditaments and take the yearly profits thereof of the clear yearly value aforesaid To uses to the onely use of the same R. and E. for and during tht terme of their naturall lives and the terme of the naturall life of the longer liver of them And so as after the decease of the said R. and E. the said Lands Tenements or Hereditaments by force of the said Estates or Conveyances shall or may lawfully descend and come to the heirs of the body of the same R. lawfully to be begotten And for lack of such issue the same Lands Tenements and Hereditaments to revert to the said M. W. and to the right heires of the same M. for ever without any condition in or upon any of the said estates or conveyances to be made to the contrary in any wise And that at the time of the making and executing of the estates and conveyances aforesaid Discharge of Incumbrances the said Lands Tenements and Hereditaments shall be and from thenceforth shall contiue from time to time at all times to the said R. and E. and to the heires of the body of the same R. cleare and free discharged and acquitted or saved harmlesse from all former estates titles conveyances grants charges and encumbrances whatsoever had made or agreed unto or to be had made or agreed unto by the said M.W. which shall or in any wise may be prejudiciall to the said estates and conveyances to be made to the uses above specified or to the clear yearly value abovesaid And further that the said M.W. at the time of his decease if the said R. W. his Son or any issue of his body of the body of the said E. lawfully to be begotten shall then be living The Father to convey other Lands at his decease shall and will over and above the Premisses leave other Lands Tenements and Hereditaments whereof the said M in his life time by good conveyance in the Law shall be seised in his demesne as of fee simple which also shall be and may reasonably continue of the clear yearly value of other twenty pounds above all yearly rents and reprises and whereof the said M. in his life time shall have made and conveyed such estates and conveyances as that by due course and force of the Lawes of this Realme the said Lands Tenements and Hereditaments of the said clear yearly value of twenty pounds and clear and free from all former grants estates charges and encumbrances made done or knowledged or to be made done or knowledged by the said M. W. and M his wife or by either of them shall immediatly by and after the decease of the said M. and M. his wife lawfully and rightfully descend come and fall to the said R. and E. and to the Survivor of them and to the Heires of the body of the same R. to the onely use and behoof of the said R. and E. and of the Survivor of them for the terme of their naturall lives and the terme of the naturall life of the longer liver of them and after their deceases to the use of the heires of the body of the said R. lawfully to be begotten The Reversion of the Premisses to be to the right heires of the said M. for ever And moreover that he the said M. his Exec. or Adm. at the day of the solemnization of the said marriage between the said R.
and E. shall and will freely give and pay to the said R. one hundred pounds in ready currant money of England The Husbands Father at the marriage to give 100 l. in money and in like manner for the consideration aforesaid the said T. W. for him his Executors and Administrators doth covenant grant and promise to and with the said M. W. his Exec. and Adm. by these presents in manner and forme following That is to say That he the said T. W. on this side the said first day above named shall and will at his own charges and expences make and execute or cause c. to the said R. and E. or to some other person persons The wives father to assure Lands such estate conveyance or estates and conveyances of Lands Tenements and Hereditaments in the County of c. to the clear yearly value of 20 l. above all reprises And whereof the said T. at the time of the making and executing of the said estates and conveyances shall be lawfully seised in his demesne as of Fee-simple So as by force of the same Estates and Conveyances of the said R. E. immediatly from and after the time Vses c. word for word as on the part of M. W. onely changeable in this that this Land is to come to the womans heirs and the reversion to the said T. And further that the said T. W. at the time of his decease shall and will over and above the Premisses leave other Lands Tenements And to give money at the marriage and Hereditaments c. as the said M. hath before covenanted c. And a clause for payment of a hundred pounds at marriage as the said M. also hath covenanted In witnesse c. An Indenture of Covenants amongst divers interessed for safe custody of a Grand Lease An Indenture Quinque party THe Indenture quinque partite made c. between I.S. of D in the County of W. Gent. on the first part W.N. of London Esquire on the second part F.M. Gent. on the third part I G of D. aforesaid Gent. on the fourth part and the Wardens and Commonalty of the Mystery of M. of the City of L. on the fifth part Recitall of the date and Lease of the Bishop of W. made to her Majesty witnesseth That whereas the Reverend Father in God I Bishop of W. by his Indenture of Lease bearing Date the fourth day of December now last past before the date of these presents hath demised granted and to farm letten unto our said Soveraign Lady the Queen diverse Messuages Lands Tenements Parkes Scites and parts of Mannors and other hereditaments with their appurtenances in the County of S. the particulars whereof and all writings made for or about the said Lease to her Majesty or any other from the said Bishop Schedules of the particulars c. in the said Lease of the Bishops to be annexed to these Quinque partite Indentures The necessity for the parties interessed to have the said Lease alway ready c. and from her Majesty for the assignment of the said Lease and premisses to the said I. S. are mentioned in severall Schedales to every part of these presents annexed and in the same Schedules is also expressed to how much of the premisses every of the said severall parties now are severally interessed and in what manner And forasmuch as it is necessary that the said originall Lease and writings aforesaid be alwaies ready to be shewed forth in defence and maintenance of the said severall interests of the said severall parties and their Assignes in and to the premisses as they are severally interessed to any part thereof And that the said J.S. from the beginning had those parts of the premisses mentioned in the said Schedules to be to the severall interests of the said W. N. F. M. and J G onely in trust for the severall behoofs of the said W.F. and J. and their severall Assignes and not otherwise I.S. but a man of trust in her Majesties assignment to him for the parties interessed in the Bissiops Lease The accord between the parties interessed to have the said Lease c. safely kept In a little Iron Chest with one Lock and every of the interessed to have a severall Key to it Therefore they the said J W F. and J. every of them for himself his Executors Administrators and Assignes have granted covenanted and agreed together and by these presents do c. in manner and forme following That is to say that as well the said originall Lease as all other the writings aforesaid in presence and sight of all the said parties shall be put up together into one little Iron Chest or Box to be closed with a good Lock unto which Lock shall be four several Keys whereof the said J.S. to have one the said W. N. to have another the said F. M. to have one other and the said I. G. the fourth And then the said Lease and Writings being so put up into such a Chest or Box the same presently to be locked and delivered to the said Wardens for the time with them and their Successors in their common Hall safely to be kept The said Chest to be in the custody of the Warden for the time being In what manner the said Wardens shall as occasion requireth suffer the said Lease of the Bishop to be shewed for the behoof of the parties interessed therein to and for the safegard and preservation of the severall interests of the said J. W. F. and I. and their severall Assignes in and to such severerall parts as they severally have or shall have of the premisses Neverthelesse the said parties interessed for them severally and their severall Assignes do grant appoint covenant and agree together and also give their full authority and Commission to the said Wardens and Comminalty and their Successors That as often as any of the said parties interessed or their Assigns shall have need in any Court of Record of her Majesty her Heires or Successors before her or their privy Councel or other authorised Commissioners to be assigned by her Majesty her Heires or Successors to shew forth the said Originall Indenture of Lease and Writings aforesaid or any of them that then and so often the said Wardens and their Successors by any of themselves or their Officer or Officers at the reasonable requests of any of the said parties interessed or their Assignes shall and may send the said Chest or Box into any such Court as aforesaid or before the said privy Councell or Commissioners as aforesaid there to be opened by the said interessed partie or his assignes And the said originall Lease and Writings or any of them then there to be read and seen as the case for defence or maintenance of the right of the said interessed or his assignes shall require And then presently there and in the same Court The said Lease to be
Deputies or assignes shall and will make all such further Deputations assignments Conveyances and assurance of and for the buying For further assurance bringing into this Realme and there uttering by vertue and authority of the said Letters Patents the said three thousand lasts of barrelled Fish and for such arresting seising and attaching as aforesaid of barrelled Fish to be brought into this Realme contrary to the said Statute and the tenor of the said Letters Patents as by the Councell learned in the Lawes of this Realme of the said T. his Factors or assignes or any of them shall be lawfully and reasonably devised or advised according to the plaine and true meaning of these presents and not otherwise In witnesse c. Joyntures A Womans Joynture in Land THis Indenture c. Between R.P. Cit. and Leather seller of L. on the one part and R. R. and W. R. of L. Goldsmiths on the other part Witnesseth that the said R. P for and in consideration of a marriage to be had and solemnized between the said R.P. and M. P. Widow naturall daughter of the said R R and Sister of the said W R late the wife of I P late of L Carrier deceased and for a Joynture to be made and assured to the said M doth by these presents covenant and grant for him his heires and assignes to and with the said R R W R their heires executors and assignes That he the said R. his heirs and assigns and all and every other person persons and their heires assignes that now be or hereafter shall be seised of or in all those three Messuages or Tenements with all their appurtenances to the same Tenements or any of them belonging or therewith now had or occupied by the said R. or his assigns scituate lying and being in B in the Parish of Saint M in the county of S and of or in one feild with the appurt called T field lying on the south side of the feild called H scituate in the parish of St. O in the said borough of S shall from henceforth stand and be seised of the said Messuages Ten and the said close called T feild of all other the Premisses with their Appurtenances to the use of the said M. P. for the terme of her life and after her decease to the use of the said R. P. Vse his Heires and Assignes for ever And the said R. P. covenanteth c. That he the said R. P. is at the ensealing and delivery hereof sole seised of all and singular the Premisses of a good perfect and sure estate in the Law in Fee-simple to the onely use and behoof of him the same R. and his heires and assignes without any Condition And that the said M. shall or may lawfully have hold occupy and enjoy the same Premisses during her naturall life if she fortune to survive the said R. without any molestation interruption or eviction of the Heires or Assignes of the said R. P. or of any person or persons having or which shall have any lawfull estate title or interest in or to the said Premisses or any part thereof by from or under the said R. or under his estate in any wise In witnesse c. An Indenture for a womans Joynture THis Indenture c. Between A. C. the elder of L. Salter on the one part That T.E. of S. in the County of C. Gent. on the other part witnesseth and for and in consideration of a marriage now immediatly hereafter to be had and solemnized between A. C. the younger of Graies-Inn in the County of M. Gent. son and heire apparent of the said A. C. the elder and D. R. Daughter in law of the said T. E. and naturall Daughter of W. R. late of S aforesaid Gent. deceased the said A. C. the elder for him his heirs Executors and Administrators doth covenant grant and agree to and with the said T. E. his Executors and Administrators by these presents in manner and form following That is to say That he the said A. C. and his Heires and all and every other person or persons now being or which hereafter shall be or stand seised of or in all that the scire of the Mannor of I. with the appurtenances in the County of C. aforesaid and of or in all the demesne Lands thereunto belonging now in Lease to F. R. and his Assignes for certaine years yet induring for the yearly rent of fifty pounds of c. or above and of and in the Mannor of B. with the Appurtenances in L. aforesaid of the clear yearly value of forty pounds or thereabouts and of or in one Messuage with the Appurtenances in P. in the County of S. now in the tenure of I. P. of the yearly rent of eleven pounds or thereabouts shall thereof and of every part thereof from and after the time of espousalls lawfully had between the said A. the younger and the said D. and from and after such time as the said A. and D. from the said espousalls shall have lived together unto the time wherein the same D. shall fulfill and accomplish her age of nineteen years stand and be seised to the use of the said D. for and in the name of her Joynture for and during all the terme of her naturall life And further that the said A. C. Vse the elder now is and standeth lawfully and solely seised in his demesne as of Fee of and in all the said scite Mannor Messuage and other the Premisses with the Appurtenances to and for the onely use of the same A the elder and of his heires without any condition or limitation of use And that the same scite Mannor Messuage and other the Premisses shall be and stand to the said D. and her assigns for and in the name of her Joynture according to the purport and true meaning of these presents for and during the terme of her naturall life clear and free discharged and acquitted or otherwise by the said A. the elder and his heires sufficiently saved harmlesse of and from all former grants bargaines sales estates and encumbrances whatsoever had or made by the said A. C. the elder leases for terme of years whereupon the old yearly rents or more are reserved to be yearly payable to the said A. the elder his heires and assignes and the cheif rents and services to the cheif Lords of the Fee or Fees of the Premisses to be due in respect of their Seignories only except and fore prised And that from and after the decease of the said A. C. the younger if the said A. C. the younger and D. shall be marrryed together as aforesaid and after the espousalls betwixt them two had do live together until such time as the same D. shall have accomplished her age of nineteen years the said scite Mannor Messuage and other the Premisses shall be or lawfully may be and continue to the said D. and her assignes for and during all the terme
of the naturall life of the same D. for and in the name of her Joynture as aforesaid of the clear yearly value of sixty pounds of c. beyond all charges and reâ—prises and moreover the said A. C. the elder covenanteth c. That he the said A. C. the elder on this side the Feast of All-Saints now next coming if the said marriage betwixt the said A. the younger and D. shall in the mean time be had and they both do so long live shall and will convey and assure all the said scite c. and all other the Premisses and the reversion thereof and therewith so much other Lands and Tenements then to be by good and lawfull Title in the sole seisin of the said A. the elder as of his demesne in fee as together shall amount to the cleer yearely value of a hundred pounds of lawfull c. unto the said A.C. the younger and the heires males of his body on the body of the said D. lawfully to be begotten And that as well the Scite Mannor Messuage and other the Premisses as also the said other lands and tenements so therewith to be conveyed and assurred as aforesaid from the time of the making of the said conveyance therof assurance shall be and stand to the said A. the younger and the heirs male of his body on the body of the said D. lawfully to be begotten cleer and free discharged and acquitted or otherwise by the said A. the elder and his heires sufficiently saved harmlesse of and from all former Grants Bargains Sales Estates and Incumbrances whatsoever had or made or to be had or made by the said A. the elder or his heires Leases for term of yeares made of the Premisses or any part thereof whereupon the old accustomed rents are reserved to be yearly payable to the said A. the elder and his heires onely except and foreprised In witnesse c. An Indenture for a Womans Joynture in Land without clause Nota if the Joynture had been made before marriage the Wife then could not claim Dower that if after the Husbands death she forsake her Joynture and seek her Dower at the Common Law this Joynture to be void THis Indenture c. between Sir G. S of W in the County of S. Knight on the one part and E.G. c. J.F. c. H. B. and H. G. the younger c. on the other part witnesseth That the said Sir G. S. for and in consideration of the hearty love and affection which he beareth to Dame D. Consideration of money in marriage and performance of former covenants now wife of the said Sir G. and one of the daughters of the said E.G. and also in consideration of the summe of one thousand pounds of c. paid and delivered to the said Sir G. by the said E.G. before the making and sealing of these presents for the preferment in marriage of the said Dame D. And for and in consideration of the performance and fulfilling of certain Grants Promises and Agreements heretofore had made and done between the said Sir G. on the one part and the said E. G. and H. G. on the other part doth covenant grant and agree for him Covenant by a day to grant by deed certaine Mannors c. his Heires and Executors to and with the said E.G. J. F. H. B. and H. G. their Heires Executors and administrators and every of them that he the said Sir G. before the tenth day of Aprill next coming after the date hereof shall by his sufficient Deed in writing under his hand and seale give grant and confirm to the said E. J H and H. their heires and assignes all that the Mannor of W. in the County of S. with all the rights members and appurtenances thereunto belonging and the Park adjoyning to the said house commonly called W. Park and also the Mannor of A. alias A. in the said County with all the rights members and appurtenances to the same belonging And all and singular Messuage Lands Tenements Meadowes Pastures Leasures Feedings Waters Fishing Deer Game of Conies Rents Reversions Services Escheats Waifs Straies Fines Amerciaments Heriots Wards Marriages Reliefs Leets and Profits of Courts and all other Profits Advantages Emoluments Liberties Franchises Priviledges and Jurisdictions and all other Hereditaments whatsoever within the Townes Parishes and Fields of W. A alias A. aforesaid or in either of them or elsewhere in any other place or places to the said Mannors of W. A. alias A. and to the said Park or to any of them belonging or in any wise appertaining or being accepted known reputed or taken as part parcell or member of the said Mannors Park or any of them or so being usually occupied demised or letten and all that his Capitall Messuage or Mansion house scituate and being neer C. Lane neer to the City of L. with all Rooms Buildings Gardens Easements and Commodities to the same belonging or appertaining And also all that his Messuage or Tenement called the D. and all the Houses Builddings Gardens Grounds Tenements void Rooms and Cellars with the appurtenances which the said Sir G. hath scituate lying and being at the S. in the Parish of Saint C. without the Bars of the Inner Temple of L. aforesaid and all and singular the reversion and reversions of all the said Mannors of W. and A. and of either of them with their appurt and of the said Park Messuage Lands and Tenements aforesaid with their appurtenances and of all and every the Premisses with the appurtenances To have hold and enjoy the said Mannors of W. Habendum and A. with the appurtenances and all and every the Premisses before mentioned and the reversion and reversions of the same unto the said E. J. H. and H. their Heires and Assignes for ever to the uses hereafter expressed and to no other use intent or purpose To the use c. first of the Husband then of the Wife and after of the husbands heires that is to say To the use of the said Sir G. for and during the term of his naturall life without impeachment of Wast and after his decease to the use of the said Dame D. during her naturall life and for and in the name of part of the Joynture of the said Dame D. and after her decease to the use of the right heires of the said Sir E.G. for ever Covenants for discharge of incumbrances And the said Sir G. covenanteth c. to and with the said E. and H.G. c. That all and every the said Mannors Lands Tenements Messuages and Hereditaments with their appurtenances and all and every other the Premisses covenanted and expressed to be granted and the reversion and reversions of the same and every part and parcell of the same at the time of the said Gift grant and assurance so to be made shall be and from henceforth shall continue cleerly and freely acquitted exonerated and discharged or at all
other Lands and Tenements to the said E.I.H. and J. and to their Heires or to the survivor of them and his Heires according to the estates and to the uses above mentioned and for the doing of the same do obtain the consent and agreement of the said E. and H. G. or of the survivor of them in writing under their hands and seales or under the hands and seales of the survivor of them that then the said E. J. H. and H. and the survivor of them and their Heires immediatly from and after the time of such consent and agreement of the said E. and H. G. or of the survivor of them and from and after a sufficient conveyance and assurance made by the said Sir G.S. of other Manners Lands or Tenements to the yearly value of the said Mannor of B. in forme aforesaid to the said E.G. and H G or to the Survivor of them or to such as the said E. and H C. the younger or the survivor of them shall nominate and appoint the said E. and H. and the survivor of them and their heires shall stand and be seised of and in the said Mannor of B. with the appurtenances to the onely use and behoof of such person or persons and their heires for ever to whom the said Sir G.S. shall so bargain and sell the same as aforesaid and to none other use or uses whatsoever any thing in these presents contained to the contrary in any wise notwithstanding Discharge of incumbrances And the said Sir G. S. for him his Heires Executors and Administrators and evry of them doth covenant and grant to and with the said E. and H. G. their heirs executors and administra and every of them by these presents in manner and form following that is to say That all and singular the said Mannors Messuages Lands Tenem and Hereditam and all and every other the Premisses and the reversion and reversions thereof from henceforth shall continue cleerly and freely acquitted and exonerated or at all times hereafter shall be saved harmlesse of and from all former Bargains Sales Joyntures Dowers Statutes Bonds Recognizances Entailes arrearages of Rents Annuities Fees Intrusions Judgments Forfeitures and Executions and of and from all other charges grants titles and incumbrances whatsoever had made or done by the said Sir G. at any time before the making and sealing of these presents the rents and Services from henceforth to be due to the chief Lords of the Fee or Fees of the Premisses and the Estate of M. B. of in and to the said Mannor of B. with the appurtenances for the term of her life only And all Leases for termes of years and grants by Indentures or Copy of Court Roll heretofore made whereupon the old and accustomed rent or more is reserved and payable during the said term onely except And further that he the said Sir G S. from time to time within five years next ensuing the date of these presents shall and will do make knowledge and suffer and cause c. all and every such further devise and devises thing and things at the costs and charges of c. as by the said E. and H. their heirs or assigns shall be lawfully and reasonably devised or advised for the further surety of all and singular the Premisses and of the reversion and reversions of the same with their appurtenances to the said E. and H. and the survivor of them and to their heirs and assigns to the uses and behoofs before specified and to none other use or intent In witnesse c. A Covenant in a purchase of Land that if the Vendee be evicted then the Vendor to pay the Vendee back again a certain summe of monie for the quantity evicted ANd the said A. covenanteth c. that if any of the said Premisses shall at any time hereafter be lawfully evicted or recovered against the said R. P his heirs or assigns or he the said R P. his Heires or Assigns be lawfully put from the same not being through the negligence consent faint pleading or default of the said R.P. his heirs or assigns That then the said W. his heirs or assigns shall within six months next after notice thereof reasonably given pay to the said R. P. his heirs or assigns for every acre and half acre or greater or lesser quantity so evicted or so put from after the rate of six pounds for the acre at the now Mansion-house of c. without fraud covin or further delay In witnesse c. An Indenture where two Owners of a Ship Covenant with their Ship to fetch a certaine quantity of Salt from beyond the Seas and to deliver it to a Merchant at Dublin and the Merchant covenanteth upon the receit to pay a summe of momonie for the same THis Writing indented or Charter partie made between W. G. of L. Habd and J.T. of L. Grocer Owners of the good Ship of London called the Dragon of the burthen of five and fifty Tonnes and upward whereof is Master under God for the present Voyage one J.N. on the one part and J.C. the elder of Dublin in the parts of Ireland Merchant on the other part Witnesseth that it is covenanted bargained and agreed between the said parties in manner and form following that is to say The said W. G. and J. T. for them their Executors Administrators Factors and Assignes and every of them do covenant and grant to and with the said J.C. his Executors Administrators Factors and Assignes and every of them by these presents That the said good Ship within the space of eight daies now next ensuing or so soon after as wind and weather will suffer shall at the charges and adventure of the said Owners depart from and out of the Port of London aforesaid where she now rideth at an Ancker and from thence shall keep direct course as wind and weather will permit towards some of the Bayes for Salt within the Kingdomes or Territories of France Spaine or Portugall And that the said W. and J. their Agents or Factors at their own costs and charges with all convenient expedition shall fully freight and lade or cause to be laden the said Ship with good and Merchantable Salt and then immediatly as wind and weather will serve shall at their like adventure as aforesaid depart from the same place of lading with the said Ship and her lading towards the Port of Dublin in Ireland And that for the attaining to the same Port of Dublin the said Master and his Marriners with all good end endevour according to their knowledge and understanding shall set and apply their course without any fraud or covin and that so soon as the said good Ship shall have finished her said appointed Voyage and shall arrive in safety with her Lading in the Port of Dublin aforesaid that then in the same Port she shall ride at Anker in the common place of ankorage there called the Poole of Clumme Tarfe And that then
uses and intents and under the Provisoes and Conditions hereafter mentioned That is to say of the Mannor of B. and of all and singular the appurtenan to the same belonging to the use of said Sir G S for the term of his life To the uses following Of the Mannor of B. to the uses of Sir G and his wife for life after to H S after to a second third fourth and fifth Son without impeachment of Wast and of the said Mannor of B. with all singular the app to the use of the said Sir G and Dame D for the terme of their lives and of the longer liver of them without impeachment of Waste during the life of the said Sir G and after the decease of the said Sir G. then of the said Mannor of B with all and singular the appurtenances to the use of the said H. S. and of the Heires of his body lawfully begotten and for default of such Issue then to the use of the second Issue Male of the body of the said Sir G and Dame D. between them lawfully to be begotten and for default of such Issue to the third Issue Male of the body of the said Sir G. and Dame D. lawfully begotten and to the Heires of his body lawfully begotten and for default of such Issue then to the use of the fourth Issue Male of the body of the said Sir G and Dame D and to the heires of his body lawfully begotten and for default of such then to the use of the fifth issue male of the body of the said Sir G. and Dame D. lawfully begotten and for default of such Issue then to the use of the right heires of the said Sir G. for ever And of the said Mannor of C. Of the Mannor of C. to the uses of c. with all and singular the appurtenances to the use of the said Sir G. and Dame D. his wife without impeachment of Waste during the life of the said Sir G. and after their deceases then to the use of the said H S and of the heires of the body of the said H. lawfully to be begotten and for default of such issue to the use of the second Issue male of the body of the said Sir G and Dame D between them to be begotten and to the Heires of the body of the same second Son lawfully to be begotten and so to three more Issue males one after another And for lack of such Issue then to the use of the right heires of the said Sir G.S. for ever Proviso to determine their estates who go about to discontinue the Estate taile other then Ioyntures to wives or Leases c. Provided alwaies and it is covenanted concluded and agreed by and between the said parties to these presents for them and their heires by these present Indentures That if the said H S or any Issue of his body lawfully to be begotten or any other such Issue male as aforesaid to be begotten of the bodies of the said Sir G and Dame D or any Issue of the body of any such Issue male shall at any time after he or they or any of them shall be in possession of the said premisses or of any part thereof or receive or take any Issues or profits of the said Premisses or any part thereof intend agree or go about to do and execute or willingly or wittingly to suffer to be done or executed any act or thing whereby the Estates before limitted or appointed of and in the said Mannors Lands or Tenements or any part thereof shall be discontinued recovered barred cut off or avoided or altogether altered or changed unlesse it be for the making or granting of any of these estates hereafter mentioned and then also for the termes and times hereafter mentioned and for no longer That is to say for a Joynture or Joyntures to be made to such as the said H. or any of the said issues before mentioned shall take to his lawfull wife for the terme of life or lives of such wife or wives onely or for the preferment of the younger Sons or of the Daughters of some of the said issues So that the estates so to be made for the preferment of the said Sons and Daughters be not to continue above ten yeares at the most or for the help or relief of any of the said Issues when they or any of them shall be compelled to go serve the Kings Majesty or any his Heires or Successors in the Wars or for Grants by Copies of Court-rolls according to the customes of the severall Mannors Leases or Demises for and during one and twenty yeares or for two or three lives at the most from the time of the making of any such Lease or Demise of Lands unusually letten upon which Grants Leases and Estates so to be made and granted other then of the estates made for the Joyntures aforesaid or for the preferment of the said younger Children or Daughters the old accustomed Rents or more shall be reserved to be paid yearely during the continuance of the said Leases and Estates to those in reversion of the said premisses according to the Estates and limitations before in these presents mentioned and appointed that then and after plain and due proof of the said intendment agreement and going about had and made the estate right title and interest of the said person so intending agreeing and going about shall from the time of the said intending and agreement cease and determine And that then and from thenceforth the said E. I. H. and H. The use of the Premisses to descend to the next issue limited by these presents and the Survivors of them and their heires and every other person having claiming or pretending to have any estate right title or interest of in and to the premisses or any part thereof shall stand and be seised of all and singular the said premisses with the appurtenances to the use of the next issue to whom the said Mannors Lands and Tenements are limited and appointed by these presents to descend remain or come as if the said person that so intendeth or goeth about to do or suffer to be done as is aforesaid at the time of the said intendment agreement or going about had been dead and departed this present life and to the use of the Heires of the body of the said Issue lawfully begotten under like condition as aforesaid Provided moreover Proviso that if the Assurer be minded to sell the Mannor of B. then to assure other Lands in lieu thereof and to the uses aforesaid and the Trustees to stand seised to the use of the Purchasor and it is further agreed between the said parties to these presents That if the said Sir G.S. at any time during his naturall life shall be minded or disposed to bargain sell or convey away the said Mannor of B. with the appurtenances and in lieu and place thereof to convey and assure so much
suffer a recovery with simple Voucher within the space of one yeare next comming after the date of these presents shall permit and suffer the said A B and C D and the Survivor of them by Writs of Entry sur disseisin in le port returnable before the Justices of the Common Bench according to the course and order of common Recoveries with simple Voucher to recover against him the said E. all those his Lordships and Mannors of E C W and W in the said County of N with their appurtenances and all other the Lands Meadowes Pastures Woods Rents Reversions and Hereditaments of the said E scituate lying and being in E. C. W. and W. in the said County of N. And also the Lordships of c. in the County of L. and all others the Lands c. by such convenient names and additions as shall be reasonably devised And that executions shall be had and made of and upon the said recoveries User of the Recovery And further it is by these presents granted and agreed between the said parties to these presents That the said recoveries to be had and executed as aforesaid and every common recovery with Voucher within the space of one yeare next ensuing to be suâ—tered by the said E. of the Premisses and every or any part thereof by what names or additions soever the same shall fortune to be had or suffered immediatly from the execution thereof shall be And that the persons who shall recover the Premisses and every or any part thereof and their heires after every such execution shall stand and be seised of the Premisses with the appurtenances to the onely uses limitations and intents hereafter in these presents expressed and mentioned that is to say To the use and behoof of the said L. To the woman for her life for her Joynture and in recompence of her Dower now wife of the said E. for terme of her life for her Joynture and in full recompence of such Dower as the said L. now is or hereafter shall be entituled unto or may hereafter claim or demand of any the Mannors Lands Tenements or Hereditaments of the said E. her Husband and after her decease to the use and behoof of the said E. B. and of the Heires of his body lawfully coming After to the husband and his heirs and to divers remainders according to an ancient entaile made by the husbands Father and for default of such Issue to the use and behoof of the said R. G. Brother of the said E. and of the heires males of his body lawfully coming and for default of such Issue respectively and ratably to the use of such person and persons and their heires or the heires of their bodies begotten or for other whatsoever estates in such manner and form and under such uses estates conditions and limitations as particularly and proportionably therof is limited appointed or declared by any lawfull devise or conveyance made by E.G. Esquire deceased late Father of the said E. party to this Indenture for ever For the strengthening of Leases to be made by the husband the wife or the husband after the wives decease Provided nevertheless it is agreed between the said parties to these presents That if the said E.G. the Son at any time or times hereafter during the lives of the said E. and L. jontly by any Indenture to be made in the name of the same E. and L. on the one part and any other person or persons on the other part or after the death of the said L. by any Indenture to be made in the name of the said E. of the one part and any other person or persons on the other part shall make any Lease or Leases of the said Mannors c. or of any part or parcell thereof other then of the Capitall Messuage of the said Mannor of great A. and the demesne lands of the said Mannor of great A. or of any part thereof for any terme or termes of yeares and do reserve thereupon payable yearly during such Lease or Leases unto the said E. and L. and unto the heires of the same E. at the two usuall Feasts or daies of payment by even portions the yearely rents now usuall to be paid or payable for the Premisses so to be demised or other yearely rents of better yearely value That then and from thence forth the Recoveries and Executions afore mentioned as concerning the Lands or Tenements in forme aforesaid to be letten shall be and the Recoverers afore mentioned and their heirs shall of and in the Premisses so to be letten as aforesaid stand and be seised from the severall beginnings of every such Lease severally to the use of those person or persons to whom such Lease or Leases thereof shall be made and severally of their Executors and Assignes during his or their said Lease or Leases so as the person or persons to whom such said Lease or Leases shall hereafter fortune to be made their Executors or Assignes shall pay to such person or persons who for the time shall have the next and immediate estate of the Freehold of the Premisses so hereafter to be demised according to the limitation of the uses aforesaid all such rents in such forme as upon their severall Lease or Leases shall be limited or appointed to be paid and so as the said severall Lessees their severall Executors Administrators and Assignes do observe and keep all such Conditions in Law as Tenants for term of yeares by the Lawes or Statutes of this Realme of right'ought to observe and keep And of and concerning the reversion and reversions and Freehold of the Premisses in forme aforesaid hereafter demised to the use and uses of such person or persons and in such manner and forme quantity and condition to every intent construction and purpose after and according to the declarations and limitations of the uses in these presents limitted as if such Lease or Leases had never been had nor made Any thing to the contrary c. In witnesse c. Consultors Manwood Wilbraham Fr. Sanders For the assurance of a Womans Joynture THis Indenture c. between T.B. of W. in the County of K. Esquire on the one part and M.L. Mercer R.M. Goldsmith and T.A.S. Citizens of L. on the other part witnesseth That the said T.B. for and in consideration of a marriage to be had and solemnized between E. D. Gent. Cosin of the said T. B. and A. L. Widow and for a Joynture to be made and assured to the said A. and for her preferment and advancement doth by these presents covenant and grant for him his Heires and Assignes to and with the said M. L. R.M. and T. A. their Heires Executors and assignes that the said T.B. his heires and assignes and all and every other person and persons their heires and assignes that now be or hereafter shall be seised of one Messuage or Tenement with the appurtenances in P
other time and place That then and so soon as any such default shall be made in payment of any of the said five payments or any part of any of them these presents and the Lease and interest thereby made and granted of the said Messuage and other the Premisses to the said R S his Executors administrators and assignes shall cease determine and be utterly void and frustrate of all intents and purposes as though the same had never been had or made And that then and at all times from and after every such default made it shall and may be lawfull to and for the said R T his heires and assignes into the said Messuage and Tenement and into all and every other the Premisses with their appurtenances wholly to re-enter and the same to have againe as in the former estate of the said R. and of his Heires and all Occupyers thereof from thence cleerly to expell and amove these presents c. In witness c. Passe Consultor A Lease depending upon a Bargain and Sale with Condition not to let or set THis Indenture This Lease dependeth upon a bargain sale entituled a bargain and sale of land where notwithstanding it is provided that if the Vendor pay to the Vendee a certain sum of money within ten years and a rent for the premisses yearly for that he shall occupy the same the sale shall be void c. Between A R c. on the one part and J K c. and A his wife on the other part witnesseth That the said A R hath demised c. to the said J K and A his wife all that Messuage with the appurtenances in N aforesaid called the Whitehart and all and singular other Messuages Lands Tenements Rents Reversions and Hereditaments whatsoever with their appurtenances scituate lying and being in N aforesaid and C in the County of N which the said J. by a former paire of Indentures bearing date c. now last past made and interchangably sealed and delivered between the said I.K. on the one part and the said A R on the other part hath bargained and sold to the said A and his Heires forever in manner and form as by the same former Indentures will appear To have and to hold all the said Messuage and all other the premisses with the appurtenances to the said J and A. and to their Executors Administrators and Assignes from henceforth untill the feast of Christmas next coming c. and from thence by and during the terme of one and twenty yeares from thence c. and fully c. yeilding and paying therefore yearely during the said term unto the said A R. his Heires or Assignes at the said Messuage called the Whitehart forty pounds of c. at the Feasts of the Annunciation c and Saint Michael c. Christmas c. or within one and twenty daies c. by even portions And the said J.K. for himself and the said A his wife and for their Executors Administrators and Assignes and every of them covenanteth c. that he the said J K and A his wife and their Executors Administrators and Assignes shall at their own costs and charges from time to time and at all times during the said term of c. maintain sustain uphold and defend all and singular the said Messuage and other the premisses in and with all and all manner of reparations which thereunto at any time during the said terme shall be needfull and the fame so sufficiently repaired in all things at the end of the same terme or any other ceasing or determination thereof shall so leave and yeild up Provided alwaies Proviso that if the said I. K. and A his wife or their Executors administrators or assignes at any time during the said terme do alien let set demise or grant to Farme or otherwise do put away or suffer to be recovered against them or any of them the said Messuage with the appurtenances called c. or any part thereof or do demise grant alien or let to Farme any other the said Messuage with their appurtenances and other the premisses or any part or parcell thereof or their interest or terme of yeares aforesaid or any part thereof to any person or persons without the specciall consent and agreement of the said A or of his Heires or assignes first thereunto had in writing under his Seale That then and from thenceforth it shall and may be lawfull to A R to re-enter c. In witness c. A Lease by a Bishop for three lives with Letter of Attorney to deliver possession THis Indenture between the right Reverend Father in God E by the providence of God Bishop of L on the one part and R W Citizen and R of L and K his wife and R W the younger sonne of the said R W. S on the other part witnesseth That the said Reverend Father in God for and in consideration of a surrender to him made by the said R W S of a former Lease which the same R W. had and enjoyed for certain yeares yet not expired of the Tenement hereafter in these presents granted and for divers other considerations him the said Reverend Father thereunto especially moving hath demised c. and by these presents for him and his Successors doth demise grant and to Farme let unto the said R VV S K. his wife and R. VV. the younger all that his Tenement with Shops Cellars Sollers and all other the appurtenances whatsoever to the said Tenement belonging or in any wise appertaining set lying and being within P Churchyard in the Parish of St. F. beside the Cathedrall Church of St. P. in L. within the Franchises and Liberties of the said Reverend Father now Bishop of L. abutting upon c. To have and to hold the said Tenement with Shops Cellars Sollars and all other the Premisses with all and singular their appurtenances to the said R W S. K. his wife and R VV. the younger successively and to their assignes for and during the naturall lives of the same R. W. S. K. his wife and R W the younger and the life of the longest liver of them yeilding and paying therefore yearely during this present Lease and grant unto the said Reverend Father and his successors or to his or their assignes the See of the Cathedrall Church of St. P. in L aforesaid being full and to the Dean and Chapter of the same Church their Officers or Ministers the said See being void three and fifty shillings and foure pence of lawfull c. at foure usuall termes or feasts of the yeare that is to say at the feasts c. by even portions And if it happen the said yearely rent of three and fifty shillings foure pence to be behind unpaid in part or in all by the space of forty daies next after any Feast or day of payment thereof aforesaid in which it ought to be paid if it be lawfully asked that then or at
performance of such Covenants as the said I C. shall for the performance of the Covenants comprised in these presents be bound in which Lease and Bond shall be made at the costs and charges of him her or them that shall and will take the benefit of the same Lease and if she or they which shall come to the lawfull possession hereof by reason of any of the waies or meanes afore recited do not surrender in his or their interest in the old and take a new as aforesaid Or else do refuse to enter into Bond as aforesaid for the performance of such Covenants as the said I. C. shall for the performance of the Covenants comprised in these Indentures be bound in that then the Lease to be void and re-entry c. VVills A Clause in a Testament to enable an Executor to sell his Testators Lands ITem I will and ordaine that the Executor of this my Testament or his Executor or Executors Administrator or Administrators for and towards the performance of my said Testament within the space of foure yeares next after my decease shall bargaine grant alien and sell away in Fee-simple all those my Lands c. for the doing executing and perfect finishing whereof I do give grant will and transfer by these presents to my said Executor and to his Executors and Administrators full and lawfull power authority right and title and interest to grant alien bargaine and sell and also to convey and assure all my said Lands c. to any person or persons and to their Heires for ever in Feesimple by all and every such lawfull way and means in the Law and otherwise as to my said Executor c. or to his or their Learned Councell shall seem meet and reasonable Releases An Indenture testifying the payment of a summe of money according to a Condition contained in a Deed of Feoffment for making void of the same Feoffment THis Indenture witnesseth That whereas heretofore J. W. B. then of H. in the County c. Gent. by my Deed indented bearing date the twelfth day of September in the yeare c. did enfeoffe my Brother F. B. J. B. and R G. Husbandman and one N. L. Gent. deceased of and in all that my moyety of the manner of H. with the appurtenan in the County of H. with all those my Lands Tenm Rents Reversions and Services being parcell of the said Mannor of H. or thereunto belonging and all other my Messuages Lands Tenements Rents Reversions Services and Hereditaments in H. aforesaid to such use and uses as in the said Feoffment are specified with this Proviso notwithstanding that if I the said W. B. or mine Heires at any time hereafter should pay or tender to pay to the said F. B. N. C. I. B. and R. G. or to any of them or to the Heires of the Survivor of them ten shillings of c. then declaring or to them signifying mine intent then to be to have againe that my moyety of the Mannor aforesaid and all and singular the premisses in mine â—old state that then immediatly and from thenceforth my said former Writing Deed and Feoffment should be void and of no force any thing in the same to the contrary notwithstanding as by the same former Deed indented more plainly may appeare Now be it known that I the said W. B. minding to make the said former Deed indented and Feoffment aforesaid cleerly void have for that purpose according to the tenor of the said Proviso paid to the said I. B. on the day of the date of these presents ten shillings of c then declaring and signifying and by these presents now declaring and signifying to my said Feoffees now living and to every of them that mine intent then at the payment of the said ten shillings was and now is to have againe that my moyety of the Mannor aforesaid and all and singular the premisses in mine old estate that is to say in such estate as I had thereof before I made the said former Deed And that now from henceforth the said former Writing Deed and Feoffment shall be void And I the said I. B. do knowledge that I had received the said ten shillings at the hands of the said W. B. as aforesaid and heard him declare his intention to be by the payment thereof as is aforesaid and also we the said F. B. and R. G. do take notice thereof and knowledge our consent thereunto by these presents to both parts whereof as well I the said W. B. as the said F. B. I. B. and R. G. have set our Seales given c. Surrenders A Surrender Conditionall by Tenant for terme of life to him in Reversion for a Recovery to passe THis Indenture c. between c. witnesseth That whereas the said A B. now hath and holdeth divers Lands Meadowes Pastures and Commons scituate c. of an Estate for terme of his naturall life under a certaine yearly rent by vertue of a Lease thereof unto him made by Indenture the reversion thereof to the said H. S. and his Heires appertaining Now this Indenture witnesseth that the said A. B. for divers good causes c. doth by these presents surrender and yeild up unto the said H. S. all the Estate and Interest of the said A. in and to the said Lands c. upon condition neverthelesse that if the said H. S. his Executors administrators or assignes do not or shall not well and truly pay or cause c. to the said A. the summe of five hundred pounds of c. on the c. at the c. that then and from thenceforth this present Deed of Surrender shall be utterly void and of none effect and then the said A. B. to have againe the said Lands c. as in his first and former Estate any thing to the contrary c. And the said H. S. for him c. doth covenant c. for the Tenants enjoying till the day in the Condition mentioned A Surrender by two Tenants for life to him that hath the Reversion THis Indenture c. Between Sir E. L. of c. and R. F. of c. and T. F. of c. of the one part and S. H. and M. his wife of the other part witnesseth That whereas the said Sir E. L. and R. F. by force and meanes of good and sufficient conveyance and assurance in the Law are and do stand lawfully seised in their Demesne as of Freehold for and during the terme of the naturall life of the said T. F. of and in all that the Farme c. the immediate remainder or reversion of the said Farme to the said S. H. and M. his wife and the Heires of the said M. belonging and appertaining Now the said Sir E. L. and R. F. at the request of the said T. F. to them in this behalf made and for divers and sundry good and reasonable causes c. them in this behalf moving have granted and
have any estate or interest of inheritance in or to the Premisses with their appurtenances or in or to any part or parcell thereof shall from thenceforth for ever for the considerations aforesaid stand and be seised of and in the said Messuage lands tenements and hereditaments and of and in all and singular other the Premisses with their appurtenances to their severall uses intens behoofs purposes and limitations before in and by these presents expressed under such provisoes determinations and conditions and in such manner and form as are before in these presents mentioned and declared and to none other use intent or purpose Expressing of conveyances to be the uses aforesaid And it is further covenanted and agreed between the said parties to these presents That all and every estates assurances and conveyances whatsoever at any time hereafter to be made by the said Dame A. to the said I. and I. and their heirs or to the survivor of them and his heirs of the said lands tenements hereditaments and other the Premisses with their appurtenances or of any parcell thereof shall be to the severall uses interrests purposes and limitations before in these presents expressed under such provisoes determinations limitations and conditions as are before in these presents mentioned and declared and to none other use intent or purpose In witnesse c. A signification to defeit uses created in land according to a Proviso c. TO all to whom this present Writing indented shall come X. H. Esq sendeth greeting in our Lord God everlasting Whereas Sir J. S. of O. in the County of N. Knight by the assents consents and agreements of Sir R. C. Knight I. S. Esquire son and heir apparent of the said Sir I. S. and T. S. another of the sons of the said Sir I. S. as well at the contemplation of our soveraign Lady the Queens Majesty and by the mediation of the Right honourable W. Lord B. Knight of the most noble Order of the Garter T. Earl of S. and Knight of the said most noble Order of the Garter And R. Earl of L. of the same most noble Order of the Garter Knight by Indenture quadripertite bearing date c. for and in consideration of the summe of two hundred marks of lawfull c. ordered and appointed by the said Earl of S. and Earl of L. to be paid by the said X. H. to the said Sir I. S. and for and in consideration of certain Messuages lands tenements and hereditaments scituate lying and being in M. B. and N. in the said County then being of the cleer usuall yearly rent of seven pounds 16 shillings and one penic And by the said Indenture quadripertite conveyed and assured by the said X H unto the said Sir I S. and to his heirs and assigns to his and their own uses and for divers other good considerations in the same Indenture specified hath bargained and sold given and granted unto the said X. H. and to his Heires and Assignes for ever to the use of the said X. and of his Heires and Assignes for ever certain Lands and Tenements supposed to be one Yard-land and a half with the appurtenances in H. aforesaid then or late before being in the tenure or occupation of the said X. H. or of his assigns and also all other those Lands Tenements and Hereditaments with the appurtenances in H. and C. in the said County and in either of them then or late before being in the tenure or occupation of the said X. or of his assignes which the same Sir J. S. at any time theretofore had or was seised of and also one Messuage and certain Lands supposed to be one half Yard-land be it more or lesse with the appurtenances in C. aforesaid then or late before being in the tenure or occupation of R. T. or of his Assignes and also three parts of one Messuage or Farme-place of one Dove house one Garden one Close and of two yard lands with the appurtenances in H. aforesaid then or late before being in the tenure or occupation of one H. P. or of his assignes And also three parts of one Messuage c. and one other Messuage c. And all other those Lands Tenements and Hereditaments with the appurtenances in H. aforesaid which the said Sir J. S. at any time then to fore had or was seised of scituate lying or being in H. aforesaid And also all those Messuages Lands Tenements and Hereditaments with all and singular their appurtenances scituate lying or being in C aforesaid and then or late before being in the tenure or occupation of the said X. H. and of R T or of either of them or of the assigne or assignes of them or either of them which the said Sir I. S at any time then to fore had or was seised of scituate lying and being in G. aforesaid All which said Premisses in H and C aforesaid then were of the usuall cleer yearely rent of fifty seven pounds thirteen shillings And whereas the said Sir I S by the said Indenture quadripartite hath covenanted granted and agreed for himself his Heires Executors and administrators to and with the said X H his Heires and assignes that if he the said X. H. his Heires or assignes or any of them at any time then after should attempt or go about to procure get or obtaine any further assurance of the foresaid Lands Tenements and other the Premisses in H. and C. aforesaid Act of Parliament or any parcell thereof to be assured or conveyed by any Act of Parliament in any Session or Sessions of the two next Sessions of Parliament then next to be holden to be had or made to the said X. H his Heires and assignes against the said Sir J. his Heires and assigns and every of them and against all such other person or persons and their Heires as should or might have claime or demand any Estate or Estates right title use or interest of in to or out of the premisses in H or C aforesaid or of in to or out of any part or parcell of the same by from or under â—he said Sir J. or by reason or means of any act or acts thing or things assurance or assurances then to fore had made or done by the said Sir I. or by any other person or persons by his assent means or procurement That then he the said Sir I. S. I. S. the Son and T S. the Son and every of them shall all as much as they or any of them conveniently could or might consent unto and give their furtherance for the further and better assurance and sure making of the Premisses in H and C aforesaid and every part and parcell of the same unto the said X. his Heires and assignes to the use of the same X and of his Heires and assignes to be had and made by Act of Parliament as is aforesaid as in and by the said Indenture amongst divers other things therein contained more plainely