the husband in tail Remainder to another in Fee and the husband doth suffer a Common Recovery In this case it was held That this was no barre to the Issue in tail for any part for there are no moieties between them And there where the husband alone suffers the Recovery there is no lawful Tenant to the Praecipe and so the Recovery is no barr Co. 3.5 Marquess of Winchester's Case 8. In 25 H. 8. it was held That if my Tenant for life vouch a stranger who doth enter into the Warranty and cannot barre the Demandant and the Demandant doth recover and the Tenant over in value That the Land recovered in Value shall not go to me in Reversion after the death of Tenant for life nor shall the Reversion of the Land recovered in Value be in me in the life of the Tenant for life Broo. Cases Sect. 70. 9. In 30 H. 8. it was held That where there was Tenant for life a remainder in taile or for life and the Tenant for life is impleaded and doth vouch him in remainder who doth vouch one that hath a title of Formedon so the Recovery pass by Voucher then the issue of him that hath a title of Formedon may bring his Formedon and recover against the Tenant for life for the recompence shall not go to the Tenant for life and therefore he may recover for his Ancestor war ranted the remainder only and not the Estate of the Tenant for life and therefore the Tenant for life may not bind him by the Recovery for he did not warrant to him and therefore in this case the sure way is to make the Tenant for life to pray in ayd of him in remainder and they to joyn and vouch him that hath the title of Formedon and so to pass the Recovery for the recompence shall go to them both Broo. Case 143. In the last place we come to the Statutes concerning this Point an abstract whereof followes Stat. 7 H. 8. chap. 4. That Recoverors of Lands Tenements and Advowsons their Heirs and Assigns may distrain for Rents Services and Customs due and unpaid and make avowry and justifie the same and have like remedy for recovering them as the Recoverors might have done or had albeit the Recoverors were never seised thereof and shall have also a Quare Impedit for an Advowson if upon avoidance any disturbance be made by a stranger as the Recoverors might have had albeit the Recoverors were never seised thereof by Presentation And here Avery Avowant or Bayliff in any Replegiari or Second Deliverance if their Avowry Conusance or Justification be found for them or the Plaintiff be otherwise barred shall recover his damages and costs Stat. 21 H. 8. chap. 15. That a Termor for years may falsifie a feigned Recovery had against him in the Reversion and shall retain and enjoy his term against the Recoveror his heirs and assigns according to his Lease Also that the Recoveror shall have like remedy against the Termor his Executors or Assigns by Avowry or Action of Debt for the Rents and Services reserved upon such Lease and due after such Recovery and also like Action for wast done after such Recovery as the Lessor might have had if such Recovery had never been and no Stature-Merchant Staple or Execution by Elegit shall be avoided by such feigned Recovery but such Tenant shall also have like remedy to falsifie such Recoveries as is here Provided for the Lessee for years Stat. 34 35 H. 8. chap. 20. That no feigned Recovery hereafter to be had by assent of parties against any Tenant or Tenants in tayl of any Lands Tenements or Hereditaments whereof the reversion or remainder at the time of such Recovery had shall be in the King shall bind or conclude the Heires in tayle whether any condition or Voucher be had in any such fained recovery or not but that after the death of every such Tenant in tayle against whom such recovery shall be bad the Heirs in tayle may enter hold and enjoy the Lands Tenements and Hereditaments so recovered according to the forme of the gift in tayle the said recovery notwithstanding And here the Heirs of every such Tenant in tayle against whom any such recovery shall be had shall take no advantage for any recompence in value against the Voucher or his Heirs But this Act shall not extend to prejudice the Lessee or Lessces of any such Tenant in tayle made in writing indented of any Mannors Lands c. for 21 years or 3 lives or under whereupon the accustomed Rent or Rents is or shall be yearly reserved during the same Term or Terms but the same Lessee or Lessees shall enjoy his or their Terme or Termes according to the Stat. of 32 H. 8. chap. 28. This Act nowtithstanding Stat. 14 Eliz. chap. 4. That all Recoveries had or prosecuted by agreement of the Parties or by Covin against Tenants by the courtesy Tenants in tayle after possibility of issue extinct Tenant for Life or Lives or of estates determinable upon Life or Lives or of any Lands Tenements or Hereditaments whereof such particular Tenant is so seised or against any other with Voucher over of any such particular Tenant or of any having right or title to any such particular Estate shall from henceforth as against the revertioners of them in Remainder and against their Heirs and Successors be clearly voide But this Act is not to prejudice any persons that shall by good title recover any Lands c. without fraud by reason of any former right or title Also every such Recovery had by the assent and agreement of the person in revertion or remainder appearing of record in any of the Queens Courts shall be good against the party so assenting But this assent must appear upon the same record either upon a Voucher ayd prier receit or the like and not by any extrajudicial entry or memorandum Co. upon Lit. 362. Stat. 14 Eliz. chap. 8. Every fraudulent Recovery against any Tenant for Life or whereupon any Tenant for life or be that hath right to Estate for life is vouched shall be void against him in the revertion or in the remainder unless it be by his own assent appearing by record Recoveries in a writ of right bind all strangers not clayming within the years as being suffered by a Disseisor it bindeth the Disseisor by his own Non-claym 5 E. 3.50 Tenant for Life suffering a wrongful Recovery it shall prejudice his right that hath the inheritance though he prayed in ayde and make default 34 H. 6.2 For no ayde prayer is there necessary in as much as the other being Tenant of the Freehold a Recovery is good against him 4 H. 7.3 But that after the death of Tenant for Life he may falsifie it by action of ad terminum qui praeteriit or writ of Right which we call falsifying of Recoveries 24 H. 8. Br. fan rec 41. But he cannot enter neither can Lessee for years
his wife their Heirs and Assigns by these presents in manner and form following that is to say That he the said J. W. at the time of the ensealing and delivery of these presents is and standeth lawfully and sufficiently seised of such a good perfect lawful and absolute and indefeazible estate of Inheritance in Fee-simple or Fee-tail and no Reversion or Remainder thereof in the Kings Majesty and to his and their own use and uses without any manner of condition or limitation of any other use or uses to alter change or determine the same estate of and in the said Mannor Lands Tenements and Hereditaments and all other the aforesaid premises before in and by these presents mentioned or intended to be granted aliened bargained and sold as he the said J. W. can and may lawfully and sufficiently grant convey and assure all and singular the said Mannor of H. Lands Tenements and Hereditaments and all other the aforesaid premises with all and singular the appurtenances unto the said R. B. his Heirs and Assigns for ever according to the true intent and meaning of these presents That the premises are discharged of Incumbrances And also the said J W. for himself c. doth covenant to and with the said R. D. and B. his wife and either of them their and either of their Heirs and Assigns by these presents That all and singular the said Mannor of H. Lands Tenements and all other the foresaid premises with the appurtenances before in and by these presents granted aliened bargained and sold and every part and parcel thereof at the time of ensealing and delivery of these presents are and be and at all times hereafter shall be remain and continue clearly acquitted exonerated and discharged or otherwise upon request sufficiently saved and kept harmless of and from all and all manner of former Bargains Sales Gifts Grants Leases Rents Charges and Arrerages of Rents Duties Titles Troubles and Incumbrances whatsoever had made committed suffered or done or to be had made c. by the said J. W. his Heirs or Assigns or by any other person or persons whatsoever by his or their means acts titles consents and procurements except our Lease c. And also that they the said R. D. and B. his wife and either of them their and either of their Heirs and Assigns and every of them shall and may at all times hereafter and from time to time for ever according to the true intent and meaning of these presents peaceably lawfully and quietly have hold use occupy possess and enjoy all and singular the said Mannor of A. Lands Tenements and all other before bargained premises with all and singular their appurtenances before in and by these presents mentioned to be granted aliened bargained and sold and every part and parcel thereof without any manner of lawful let suit trouble eviction or disturbance of the said J. W. or his Assigns or of any other person or persons whatsoever claiming or lawfully having or which shall hereafter have any manner of Estate Right Title Charge or Interest of in or to the said Mannor and all other the premises or of in or to any part or parcel thereof by from or under the said J. W. his Heirs or Assigns all such persons as do claim by force of the Lease before excepted onely excepted And furthermore that the said Mannor of H. and all other the aforesaid premises or any part or parcel thereof are not holden of his Majesty in Capite whereby any Licence of Alienation shall be needful to be had or sued forth for the bargaining sale conveying and assuring of the said Mannor and other the premises unto the said R. D. and B. their Heirs and Assigns Nor that the said R. D. his Heirs or Assigns shall at any time or times hereafter be Ward or Wards unto our said Soveraign Lord the Kings Majesty his Heirs and Successors for or in respect of the said Mannor of c. and all other the premises or any part or parcel thereof And also the said J. W. for himself his Heirs Covenant for further assurance Executors and Administrators doth Covenant c. That the said J. W. and M. now his wife and the Heirs and Assigns of the said L. and all and every other person and persons whatsoever now having or lawfully claiming or which shall hereafter rightfully claim any manner of Estate Right Title or Interest of in and to the said Mannor and all other the said premises or any part or parcel thereof by from or under the said J. W. his Heirs and Assigns except such person or persons as shall claim by force of Lease before excepted shall and will at all times hereafter for and during the term of three years next ensuing the day of the date of these presents do make acknowledge execute and suffer or cause to be made done acknowledged executed and suffered all and every such further lawful act and acts thing and things device and devices conveyances and assurances in the Law whatsoever with warranty against him the said J. W. and his Heirs for the further and more assurance and sure-making of the said Mannors Lands Tenements and of all and singular other the premises with the appurtenances and every part and parcel hereof to be had and made sure unto the said R. D. and B. their Heirs and Assigns for ever absolutely without any manner of Condition or other Limitation be it Fine or Fines with Proclamation with Warranty against him the said J. W. his Heirs and Assigns recovery with double and single Voucher or Vouchee Deed or Deeds enrolled the Enrolment of this present Feoffment with warranty against him the said J. W. his Heirs or Assigns release with confirmation with the like warranty or without warranty or by any or as many of the devices wayes and means aforesaid as by the said R. D. and B. or either of them their Heirs or Assigns or by their or any of their Council learned in the Law shall be reasonably devised or advised and required at the onely Costs and Charges of the said R. D. and B. their Heirs and Assigns so that the said I. nor M. his wife be not compelled to travell from his or their Homes or usual places of abode further than the Cities of London and Westminster If the Buyer be lawfully evicted within 12 years the Seller's to pay 51. an Acre about the same assurances And moreover the said J. W. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said R. D. and B. and either of them and to and with the Heirs and Assigns of either and every of them by these presents in manner and form following that is to say That if it shall happen at any time within twelve years next after the date hereof the said R. D. and B. and either of them their or either of their Heirs or Assigns to be lawfully evicted of
or to claim by or under him or deriving any authority by or under him them or any of them shall at any time hereafter enter into receive take or intermeddle with the said Mannors Messuages Lands Tenements Hereditaments Jewels Moneys Bonds Specialties Debts or other things before hereby mentioned meant or intended to be granted assigned or delivered by the said Phil. B. to the said Eliz. B. as aforesaid or any part or parcel thereof or any Rents Issues or Profits thereof or of any part thereof other than according to the true intent and meaning of these presents provided alwayes and it is declared to be the true intent and meaning of these presents and all the parties to the same that in case the said Marriage shall not be solemnized on or before the c. next ensuing the date hereof that then and from thenceforth these presents and every grant matter and thing herein contained shall cease determine and be utterly frustrate and void to all intents and purposes and that the said P. B. her Executors c. shall from thenceforth have and enjoy again to her and their own use and right all c. any thing c. In witness whereof to one part of this Tripartite Indenture remaining with the said Eliz. B. the said T. G. and P. B. have put their Hands and Seals to one other part remaining with the said P.B. the said T. G. and Eliz. B. have c. to the other part remaining with the said T. G. the said P. B. and E. B. have c. A. and B. his Wife being possessed of a certain Mannor and Lands Covenants with C. D. to levy a Fine thereof to certain uses with a Covenant that himself and his Wife together shall have power to let Leases for Lives or Years THis Indenture c. Between A. and B. his Wife of the one part and C. c. and D. of c. of the other part witnesseth That for the setling of the Inheritance of the Mannors Lands Tenements and Hereditaments hereafter in these presents mentioned to such use and uses and in such manner and form as is hereafter in these presents limited expressed and declared and for the enabling of the said A. and B. his Wife to make and grant Leases and Estates of and in the said Mannor Lands and Premises in such manner and form and according to the power and authority to them hereafter in these presents mentioned reserved and raised and for other good Causes and Considerations them the said A. and B. his Wife thereunto especially moving it is agreed between the said Parties and they the said A. and B. his Wife do covenant grant and agree to and with the said C. and D. and either of them their Executors and Administrators by these presents that they the said A. and B. his Wife shall and will before the end of Michaelmas term next ensuing the date hereof acknowledge and levy to the said C. and D. and to the Heirs of the said C. one Fine sur conuzance de droit c. to be sued out with Proclamations according to the form of the Statute in that case made and provided of all that the Mannor Capital Messuage Farm Baron and Demeasn Lands of c. with all and singular the Rights Members and Appurtenances thereof thereunto or to any of them belonging or reputed or used as thereunto or to any of them belonging and of all other the Messuage Lands Tenements Rents Services and Hereditaments whatsoever wherein T. J. Gent. deceased had any Estate of Inheritance in possession reversion or remainder situare lying and being or to be had or taken in or near the Towns Parishes Fields and Hamlets c. with the appurtenances and of twelve Messuages two Cottages one Water-Mill twelve Gardens three hundred Acres of Land two hundred Acres of Pasture forty Acres of Wood with the appurtenances in c. or by such other fit name or names quantities and qualities of Acres as shall be thought fit which said Fine so or in any other manner to be had and levied shall be deemed adjudged construed and expounded to be to and for the only uses intents and purposes hereafter in these presents limited expressed and declared and to and for none other use intent or purpose whatsoever that is to say to the use and behoof of the said A. for and during the term of his natural life and from and after his death to the use and behoof of the said B. for and during the term of her natural life and from after the decease of the said A and B. his Wife to the use and behoof of the Heirs of the body of the said A. on the body of the said B. begotten and to be begotten and for default of such Heirs to the use and behoof of the right Heirs of the said A. for ever and it is promised covenanted concluded agreed and declared by and between all and every the said parties to these presents that it shall and may be lawful to and for the said A. from time to time and at all or any time or times during his natural life by an Indenture or Indentures to make any Demise or Demises Grant or Grants of the said premises or of any part or parts thereof alone or amongst other things as well in possession for the term of twenty one years or under or for one two or three life or lives or for any term or number of years determinable on one two or three Lives at for and under such Rents Covenants and Conditions as to him the said A. shall seem meet so as she the said B. shall be made a Party to every such Indenture whereby any such Demise or Grant shall be made during the life of the said B. and that the said B. shall seal and deliver every such Indenture and that at all times from and after the making of any such Demise or Demises Grant or Grants the said Fine to be levied as aforesaid and the Conuzes of the same Fine and their Heirs and the Heirs of the Survivor of them shall stand and be seized of and in such part and parts as shall be so demised or granted to the use and behoof of every such Lessee or Lessees Grantee or Grantees to whom any such Demise or Demises Grant or Grants shall be so made and according to the true intent and meaning of every the same several and respective Demise or Demises Grant or Grants so as the same Lessee or Lessees Grantee or Grantees their Executors and Assigns shall pay the Rents and perform their Covenants and Conditions in such Indentures of Demises or Grants to be specified and contained according to the true intent and meaning of the same Indenture In witness c. R. C. being possessed of a Messuage c. in Fee-simple granteth the same to J. P. C. P. and G. C. Habend to them and their Heirs to certain uses viz. the use of himself for life yet
so as to pay 20 l. per annum and Meat Drink c. to his eldest Son his Wife c. and after his decease to several other uses and profits THis Indenture c. Between R. C. of c. of the one part and J.P. C. P. and G. C. of the other part witnesseth That the said R. C. for divers considerations him thereunto moving and especially for the preferment of A. his eldest Son and next Heir and for the Joynture of Alice the now Wife of the said A. and for the preferment of the Issue between the said A. and Alice lawfully begotten and to be begotten hath given granted enfeoffed and confirmed and by c. unto the said J.P. C.P. and G. C. and their Heirs all that Mansion-house or Messuage with the appurtenances wherein the said R. C. now dwelleth set lying and being c. and all the Orchards Gardens Lands Tenements Pastures Meadows Woods Commons Profits Commodities and Advantages whatsoever to the said Messuage and Premisses belonging or in any wise appertaining or being accepted reputed or used as part parcel or member thereof and the Reversion and Reversions Remainder and Remainders Rents and Services of all and singular the aforesaid premises and every part and parcel thereof To have and to hold the said Messuage or Tenement Lands Meadows Leasoes Feedings Pastures Rents Reversions Services and Hereditaments and all and singular other the premises with their and every of their appurtenances unto the said J. P. C. P. and G.C. their Heirs and Assigns for ever to this end meaning intent construction and purposes that they c. and their Heirs and the Heirs of the Survivor or Survivors of them shall from henceforth stand and be seized of the said Messuage and all and singular other the above mentioned premises and of every part and parcel thereof to the uses intents and purposes hereafter in these premises limited and declared and to none other use intent or purpose whatsoever that is to say to the use and behoof of the said R. C. for and during his natural life so as and upon condition that he the said R. C. shall from time to time during his natural life pay or cause to be paid unto the said A. and Alice his Wife and the longest liver of them the sum of 20 l. by the year at the two most usual Feasts in the year that is to say the Feast of c. by even portions to be paid during the said term or within fourteen dayes next after every of the said Feast-dayes and the first payment to be had and made upon the Feast-day of c. and the same payments to be yearly had and made in manner and form aforesaid at or within the now dwelling-house of the said A. situate c. and also upon condition that he the said R. C. shall from time to time during his natural life find give and provide unto the said A. and the said Alice his Wife and to all such Children as shall between them begotten competent sufficient and convenient Meat Drink House-room and Lodging within his said Mansion-house and after the decease of the said R. C. the said Parties above-mentioned and the Heirs of the longest liver of them shall stand and be seized of all and singular the said premises with their and every of their appurtenances to the use and behoof of the said A. and of the said Alice his Wife and of the Heirs of their two Bodies between them lawfully begotten and to be begotten and for default of such Issue to the use and behoof of R. C. one other of the Sons of the said R. C. and of the Heirs males of his Body lawfully to be begotten and for default of such Issue to the use and behoof of W. C. one other of the Sons of the said R. C. and the Heirs males of his Body lawfully to be begotten and for default of such Issue to the use of the said R. C. of his Heirs and Assigns for ever R. C. covenanteth that he is lawfully seized hath power to grant that the premises shall remain free from Incumbrances proue usual A settlement by Fine and Recovery of several Mannors Lordships c. for the raising of Moneys for payment of Debts and Childrens portions as also for entailing thereof under several Provisoes and Legacies THis Indenture Tripartite c. between the Right Honourable Edward Lord Herbert and Richard Herbert Esq Son and heir apparent of Dame Mary late wife of the said Edward Lord Herbert and sole Daughter of Sir William Herbert of St. Julians in the County of Monmouth Knight deceased of the first part the Right Honourable John Earl of Bridgewater and Edward Herbert of the Inner-Temple London Esq of the second part and Moses Loyd of c. and Henry Githins of c. of the third part witnesseth That whereas the said Edward Lord Herbert or some in trust for him is or are seized in his or their Demeasn as of Fee of some part of the Lands Tenements and Hereditaments hereafter mentioned and is also seized for term of his life as Tenant by the courtesie of England of the Mannors Messuages Lands Tenements and Hereditaments hereafter specified the Reversion thereof in Fee-simple being descended by and after the decease of the said Mary unto the said Richard Herbert now to the end that the Mannors Lordships Messuages Lands Tenements and other Hereditaments hereafter mentioned and expressed may be established vested and setled unto the said Edward Lord Herbert during his natural life and after his decease upon the said Richard Herbert and upon his name stock and posterity and to such other uses intents and purposes as are hereby appointed it is covenanted promised granted condescended concluded and agreed by and between the said parties to these presents and the said Edward Lord Herbere and Richard Herbert do for themselves their Heirs Executors Administrators and Assigns covenant promise and grant condescend and agree to and with the said John Earl of Bridgewater and Edward Herbert their Heirs Executors Administrators and Assigns and to and with every of them by these presents that they the said Edward Lord Herbert and Richard Herbert shall and will on this side and before the end of Michaelmas Term next ensuing and coming after the date of these presents in due form of Law and at the equal costs and charges in the Law of the said Edward Lord Herbert and Richard Herbert levy and acknowledge to the said Moses Loyd and Humphry Githins and the Heirs of the said Moses one or more Fine or Fines sur conuzance de droit come ceo c. with Proclamations thereupon to be had and made according to the form of the Statutes in that behalf made and provided of all that Capital Messuage or Mannor-house of St. Julians with the Rights Members and Appurtenances thereof and of all and singular the Mannors Lordships Messuages Lands Tenements and Hereditaments whatsoever of them the said Edward
of c. Esquire and Dector in Divinity of the one part and S.M. and C.D. of c. in the County of c. Gentleman of the other part Whereas the said W.S. by Indenture bearing date the c. day of this instant moneth of c. for the consideration therein expressed did bargain and sell unto the said S M. and C.D. all those lands tenements and hereditaments with their and every of their appurtenances commonly called or known by the Name of c. containing by estimation six hundred and thirty acres be the same more or lesse scituate lying and being in the Towns Villages and Hamlets of T. and M. in the said County of c. or one of them together with all other lands tenements and hereditaments hereofore of Sir S.W. deceased and now or late of the said S.W. that are scituate lying and being in the Towns Villages and Hamlets of G. and S. aforesaid or either of them and also the reversion reversions remainder remainders of the said lands tenements and premisses and every part thereof To have and to hold the said lands tenements and premisses with the appurtenances unto the said S.M. and C.D. their Executors Administrators and Assigns from the day next before the date of the said recited Indenture unto the end and term of one year from thence next following To the intent that by vertue thereof and of the statute for transferring uses into possession the said S.M. and C. D. might be in the actual possession of the said lands tenements and premisses and be enabled to accept of and take a grant and release of the reversion and inheritance thereof to them and their Heirs to the use of them their Heirs and Assigns for ever as by the said recited Indenture more at large appeareth Now this Indenture witnesseth that the said S.W. as well for and in consideration of the sum of c. of lawfull money of England paid and secured to be paid by the said S. M. and C. D. to several persons by the direction and appointment of the said S. W. and for some of his debts wherewith the said lands and premisses stood charged and lyable That is to say three thousand pounds part thereof to F.R. Esquire and C. I. Citizen and Mercer of London in satisfaction and discharge of the money due to them by and upon a grant and conveyance thereof heretofore made of the said lands and premisses by the said W.S. and R.I. Esquire to the said F. R. and C.I. and their Heirs and c. residue of the said sum of c to Sir C.C. and Sir P.E. in satisfaction and discharge of their right and estate which they had of and in the premisses by a grant and conveyance of the said S.W. before this time made to them and their Heirs As also in consideration of a competent sum of money by the said S. M. and C. D. to the said S. W. in hand paid whereof he doth hereby acknowledge the receipt hath granted remised released and confirmed and doth by these presents grant remise release and confirm unto the said S. M. and C. D. in their actual possession now being by vertue of the said recited Indenture of bargain and sale made to them of a year and of the said statute and to their Heirs and Assigns the aforesaid lands tenements hereditaments and premisses with the appurtenances and all the estate right title interest claim and demand whatsoever of the said S.W. of in and to the same and every part thereof and the reversion and reversions remaiâ—dâ—r and remainders thereof and of every part thereof To have and to hold the said lands tenements hereditaments and premisses with the appurtenances unto the said S.M. and C.D. their Heirs and Assigns for ever to the onely use and behoof of the said S.M. and C.D. their Heirs and Assigns for ever And the said S.W. for himself his Heirs Executors Administrators and Assigns doth covenant and grant to and with the said S. M. and C. D. their Heirs and Assigns by these presents in manner and form following that is to say that the said S.M. and C.D. their Heirs Assigns shall and may from time to time and at all times for ever hereafter peaceably and quietly have hold and enjoy the aforesaid lands tenements and premisses with the appurtenances before herein mentioned to be granted without any let trouble molestation or interruption of the said S.W. or of his Heirs or of any other person or persons whatsoever having or lawfully claiming to have any estate right title interest term claim or demand of in and to the same and every or any part thereof and that freed acquitted and discharged or well and sufficiently saved and kept harmless by the said S.W. his Heirs Exeâ—utors Administrators and Assigns of and from all former and other grants bargains sales feoffements mortgages joyntures dowers leases estates Statutes-Merchant and of the staple recognizances judgements executions post-fines issues amerciaments rent-charge and seck all arrerages of rents and of and from all other titles troubles charges and incumbrances whatsoever had made committed suffered or done by the said S.W. or by any other person or persons whatsoever except one conditional grant of the premisses heretofore made by the said W.S. and B.I. Esquire to F.R. Esquire and C.I. Citizen and Grocer of London their Heirs and Assigns by way of Mort-gage for security of payment of a sum of money therein mentioned And also that the said S.W. Sir C.C. and Dame E. his wife and S.W. Esquire and C. his wife the said C. and E. being sisters and coheirs of S.C. Esquire deceased their Heirs and Assigns and all and every other person and persons having or lawfully claiming to have any estate right title interest clame or demand of in or to the said Lands Tenements and Premisses hereby granted or any part thereof shall and will from time to time and at all times hereafter at the reasonable request and at the Costs and Charges in the Law of the said S.M. and C.D. their Heirs and Assigns make do acknowledge levy suffer and execute and cause and suffer to be made done acknowledged levyed suffered and executed all and every such other and further acts things devices and assurances in the Law whatsoever of the said Lands Tenements and Premisses before herein mentioned to be granted with the appurtenances unto the said S.M. and C.D. their Heirs and Assigns be it by fine feoffment deed or deeds enrolled or not enrolled recovery with voucher or vouchers over release and confirmation or by all or any of them or by any other reasonable assurance in the Law as by the Council learned in the Law of the said SM and C. D their Heirs or Assigns shall be reasonably deyâ—sed or advised and required the which said further assurance and assurances so to be had and made shall be and shall endure to the only use and behoof of the said S.M. and C.D.
with all the rights members and appurtenances whatsoever thereunto belonging And that you fully accomplish and fulfill all other the several acts and things which your office obligeth you to perform herein Witness my hand and seal the c. A deed of feoffment with a Letter of Attorney to give livery and seisin TO all to whom these presents shall come S. W of c. sendeth greeting Know ye that the said S.W. for and in consideration of the sum of 5 s. of lawful money of England to them in hand paid by S.M. and C.D. of c. whereof the said S.W. doth hereby acknowledge the receipt and of the sum of 5000 l. of lawful money paid and secured to be paid unto and for the use of the said S.W. his Executors or Assigns have granted enfeoffed and confirmed and do by these presents grant enfeoff confirm unto the said S.M. C D. their Heirs and Assigns all those Lands Tenements and Hereditaments with their and every of their appurtenances commonly called or known by the names of R. and G. containing by estimation 600 acres be the same more or less scituate lying and being in the Towns Parishes Villages and Hamlets of T. and M. in the said County of K. or one of them together with all other lands tenements and hereditaments heretofore of S. W. deceased and late of S. W. Dr. in Divinity thaâ— are scituate lying and being in the Towns Villages and Hamlets of T. and M. aforesaid or either of them and also the reversion and reversions remainder and remainders of the said lands tenements and premisses and every part thereof and also all the estate right title interest clame and demand whatsoever of the said S. W. of in and to the same and every part thereof to have and to hold the said Lands tenements hereditaments and premisses with the appurtenances unto the said S.M. and C.D. their Heirs and Assigns for ever to the only use and behoof of them the said S.M. and C.D. their Heirs and Assigns for ever and the said S.W. doth by these presents make Constitute Ordain Authorize and Appoint F. L. of c. in the said County of c. and G.M. of c. in the said County of c. their true and lawful Atturneys for them and in their names and stead joyntly or severally to enter into the said lands tenements and premisses or into some part thereof in the name of the whole and possession thereof for them and in their names and stead to take and after such possession so thereof had and taken for them and in their names and stead to deliver full and peaceable possession and seisin of the said lands tenements and premisses with the appurtenances or of some part thereof in the name of the whole to the said S.M. and C.D. or one of them or to their lawful Attorney according to the form of these presents ratifying confirming and allowing all and whatsoever their said Attorneys or either of them shall do in the premisses by vertue of these presents In Witness whereof the said S.W. to these presents his hand and seal hath set the c. day of c. in the year c. An Indenture to bar an Estate-tail THis Indenture made the seventh day of October in the 11th year of the Reign of our Soveraign Lord CHARLES by the grace of God of England Scotland France and Ireland King Defender of the Faith c. Between T.B. of W. in the County of B. Yeoman on the one part and T.M. of H. in the said County Yeoman and H.H. of H. aforesaid in the said County Yeoman on the other part Whereas T.B. deceased Grandfather of the said T.B. party to these presents Recital of a Will by his last Will and Testament in writing amongst other things therein contained did give and devise unto J B. also deceased father of the said T.B. party to these presents and to the Heirs male of his body with remainders over all that his Messuage or Tenement with the appurtenances scituate and being in W. in the said County of B. and all that his Close adjoyning to the said messuage or tenement and all that acre of Meadow-ground called the long Hale lying in W. Meade and three yards of Meadow called the Elboes in the said Parish of W. and half his arable Lands Leyes and Meadow-ground lying and being in the Parish and Fields of W. aforesaid and R. or one of them with their and every of their appurtenances in the said County of B. as by the said last Will it doth and may appear and which premisses do contain a Messuage with the appurtenances and one Yard-land by estimation be it more or less And whereas the said T. B. the Grand-father shortly after making the said Will dyed the said J. B. his Son him surviving after which time the said J.B. having issue the said T.B. party to these presents his eldest Son and Heir male and the said J. B. being since also dead by and after whose decease the said T.B. party to these presents now is in actual possession of the said Messuage or Tenement Closes Lands Meadowes and Premisses with the Remainders over as aforesaid Now this Indenture witnesseth That the said T. B. party to these presents To cut off the estate taile intending as well to cut off the said estate tail and to barre the Remainders thereon depending and to settle the said Messuage or Tenement Close Lands Meadowes and Premisses to him the said T.P. party to these presents and his heirs as also to barre all pretences of right that futurely may or can be made unto all and every or any the said Messuages Lands Meadowes and Premisses so given to the said J.B. his Father and since come unto him the said T. B. party to these presents for that purpose Covenant to levy a Fine Doth hereby Covenant and Grant for himself his Heirs Executors and Administrators and for every of them to and with the said T.M. his Heirs and Assigns by these presents That he the said T. B. shall and will on and before the Feast of St. Andrew the Apostle now next ensuing the date hereof in due form of Law acknowledge and levy one or more Fine or Fines Sur cognizance de droit come ceo c. before his Majesties Justices of his Majesties Court of Common-Pleas at Westminster unto the said T.M. of and for the said Messuage or Tenement Close and all and every the said Meadows Lands and Premisses by the name or names of one Messuage one Garden one Orchard Forty Acres of Land six Acres of Meadow six Acres of Pasture and Common of Pasture for all Cattel with the Appurtenances in W. and R. or one of them in the said County of B. or by such other name or names quantity or number of Acres as to the said T. M. or his Council Learned shall seem meet and expedient To the intent that he the said T. M. shall
and E. his wise or either of them have had or may have claim or pretend to have of in or to all such Lands Tenements c. That then c. A Bill to pay Money MEmorandum That I R. S. do owe unto I. M the full sum of 10 l. of c. to be paid unto the said J. M. his c. on the c. next coming for payment whereof I the said R. S. do bind me my c. in the sum of c. firmly by these presents Sealed and dated the day and year abovesaid Let it be dated as a general acquittance A Release BE it known c. That I W.B. of c. have remised released and for me my heirs c. do by these presents remise c. unto I.R. of c. all and all manner of Actions Sutes Quarrels Debts Trespasses Accounts Covenants and demands whatsoever which I the said W. B. now have against the said J. R. or my Executors Administrators or assigns at any time might ought or could have against the said J R. his c. as Executor of J. R. his Father deceased or otherwise howsoever from the beginning of the world until the day of the date hereof In witness c. A License to let Lands although prohibited by Lease WHereas my Tenant W.H. holdeth of me one Tenement in P. in c. with the appurtenances for certain years yet to come by an Indenture of Lease dated c. wherein he hath expresly Covenanted with me not to set or let out any part or parcel of the said Tenement without my special licence and consent in writing in that behalf to be had as by the said Indenture amongst c. appeareth These presents witness That I the said H.K. have licensed allowed and do by these presents license and allow the said W.H. to let set or demise the said Tenement to one R.P. his c. for three years next ensuing Provided That he the said W. H. shall at his peril see the Rent in the said Indenture and other Covenants and payments therein mentioned to be paid on the part and behalf of the said W.H. be duly kept and performed Dated c. A Letter of Attorney to two to receive possession TO all Christian people to whom these presents shall come Sir R. D. of c. sendeth greeting Whereas G.S. of c. did seal unto the said Sir R. D. and deliver an Indenture bearing date the last day of May now last past purporting a Conveyance unto him the said Sir R. D. and his heirs of all that Messuage or Tenement with the appurtenances scituate and being in B. aforesaid sometimes thentofore c. setting down the particulars To have and to hold the said c. to the said Sir R.D. his Heirs and Assigns for ever as by the said Indenture it doth and may more fully appear Now know ye That the said Sir R. D. hath and hereby doth authorize constitute depute and in his stead and place put his well-beloved Friends C. G. of c. and T. A. of c. and either of them his true and lawful Attorneys joyntly and severally to receive and take for him and in his name and to his use full and peaceable possession and seisin of and in all or any part of the premisses in the name of the whole of and from the said G. S. to hold to the said Sir R. D. and his Heirs according to the tenor purport form and effect of the said Indenture In witness c. A Note of Indorsement of Livery of Seisin on the Indenture by vertue of the Letter of Attorney MEmorandum That full and peaceable possession and seisin was given and delivered by the within-named G. S. of the Messuage or Tenement Closes and Land within-mentioned unto C. G. of c. by vertue of the Letter of Attorney to this present Indenture annexed for and in the name and to the use of the within-named Sir R. D. and his Heirs according to the true intent and meaning of the said Indenture and Letter of Attorney the day of c. in the presence of us whose names are subscribed Note That the Letter of Attorney must be pinned or filed to the Indenture An Assignment of a Lease in trust THis Indenture made c. Between W. P. of c. on the one part and R. P. of c. on the other part Witnesseth That the said W. P. for divers good causes and considerations him hereunto moving hath demised granted assigned and set over And by these c. unto the said R.P. his Executors and Assigns All that c. setting down the particulasr with their and every of their rights members and appurtenances thereunto belonging Together with all and every the estate right title interest use possession term for years claim and demand whatsoever of him the said W. P. of in and to the said c. by vertue of a former Lease or Assignment thereof made to him by one W. R. of c. and I. his wife or either of them for the residue of a term of 1000 years then unexpired or otherwise howsoever To have and to hold the said c. with the appurtenances during all the rest and residue of the said term of 1000 years which are yet to come and unexpired unto the said R. P. his Executors and Assigns Upon the trusts and to the intents and purposes hereafter mentioned and expressed That is to say That the said R.P. and his assigns shall permit and suffer the said W. P. to have and take to his own proper use and benefit all and every the Rents Issues and Profits of the premisses for and during his natural life without Impeachment of or for any manner of waste And from and after his decease the said R. P. or his assigns shall stand and be possessed or dispose of the premisses during the residue of the said term which shall be then to come to such uses intents and purposes as the said W. P. shall by his last Will and Testament in Writing under his Hand and Seal and subscribed in the presence of two or more credible Witnesses nominate and appoint the same and for want of such Declaration or Limitation to be made That then the said R. P. shall stand possessed of the premisses in trust for the Executors or Administrators of the said W.P. and to none other use intent or purpose whatsoever In witness c. E. R. having bought the Mannor of B. and Copy-hold Lands belonging to it takes a surrender of the Copy-hold Lands in others names who by Deed after recital of what Estate they had make this acknowledgement WHereas E. R. of c. hath with his own money purchased of I. G. of c. amongst other Lands Tenements and Hereditaments the Customary Messuage Lands Tenements and Hereditaments hereafter mentioned viz. Then setting all the particulars with the quantity and number of acres and closes names and in whose occupation And also
sell unto the said T. B. and A. B. their heirs and assigns all that Messuage Farm or Tenement with the appurtenances and all those three Yard-lands of Meadow arable and pasture with all and singular their appurtenances in F. in the said County of L. now or late in the tenure of the said T. H. or his assigns to hold the said Messuage or Tenement and three Yard-lands with the appurtenances to the said T. B. and A. B. their heirs and assigns for ever and did covenant by the said Indenture to levy one fine Sur Connizance de droit come ceo c. of the premisses to them the said T. B. and A. B. and their heirs as by the said Indenture amongst c. appeareth Now this Indenture witnesseth That the said A. B. was only named in trust by the said T. B. to and for the use of the said T. B. his heirs and assigns and that the said Summe of five hundred pound mentioned in the said Indenture to be the consideration for the said purchase was the proper money of the said T. B. And the said A. B. doth covenant c. that he the said A. B his heirs and assigns from time to time and at all times hereafter To Convey Lands according to the Trust upon the request and at the costs and charges in the Law of the said T. B. his heirs or assigns shall and will convey and assure the premisses and all his estate title and interest therein unto the said T. B. and his heirs to the use of the said T. B. and his heirs or to any other person and persons and their heirs to the use of them and their heirs as the said T. B. or his heirs shall direct or appoint acquitted and discharged of and from all Charges and Incumbrances had made or done by the said A. B. or by from or under any other person or persons whatsoever claiming by from or under him And the said T. B. doth covenant c. That he the said T. B. his Heirs Executors or Administrators To save harmless from any damage hapning by reason of the joynt Estate or some or one of them shall and will from time to time and at all times hereafter save and keep harmless the said A. B. his Heirs Executors and Administrators his and their Lands and Goods of and from all manner of damage loss and hinderance which shall or may hereafter happen to arise or grow for or by reason of the said joynt estate settled and raised by the said A. B. and T. B. in Trust for the said A. B. as aforesaid An Acquittance for money paid in part of a Purchase Quinto die D. c. REceived by me T.H. the day and year above-written of T. B. the Summe of c. as part of the money agreed to be paid for the purchase of certain Lands in F. in Com. L. according to certain anicles of agreement indented bearing date c. made between c. In witness c. The manner of indorsing an Attornment of Tenants MEmorandum That R. C. of c. assignee of H. G. c. and the rest of the Tenants and Farmers of the premisses within mentioned by vertue of several Leases thereof made unto them by the within-named W. G. did severally Attorn and become Tenants of and of their several and respective interests in the premisses to the within-named C.G. this present tenth day of c. and the said several Tenants and every of them have given unto the said C. G. one penny in the name of Attornment in the presence of c. A Release of Interest in Lands TO all c. R. E. of c. sendeth greeting Know ye That the said R. E. for and in consideration of the sum of c. to him in hand paid by T.H. of c. hath given granted remised released and quit-claimed and by these presents doth c. unto the said T. H. all his estate right title interest term of years claim and demand whatsoever which he the said R. E. now hath or may claim to have of in or to one Messuage or Tenement with the appurtenances commonly called or known by the name of c. scituate lying and being in c. and of and in all the Lands Tenements and Hereditaments whatsoever to the said Messuage or Tenement belonging or appertaining or to or with the same now used occupied or enjoyed In witnesse c. A Condition to save a Surety harmless from a Recognizance THe Condition c. That whereas the said J. C. and A. G. together with the above-bounden R. P. and for him by Recognizance acknowledged before Mr. T. G. one of the Kings Majesties Justices of the Peace for the County of c. the said R. P. hath acknowledged to our Soveraign Lord the King twenty pound and the said A. G. twenty and the said I. C. twenty pound That he the said R. P. shall from henceforth for ever keep his Majesties Peace towards one W. B. c. as by the said Recognizance entred into as aforesaid at large appeareth If therefore the said R. P. his c. from time to time and at all times hereafter do clearly acquit discharge and save harmless the said I. C. his c. and all his and their Lands Tenements Goods and Chattels and every of them as well against our said Soveraign Lord the Kings Majesty his Heirs and Successors as against all and every other person and persons of for or concerning the said Sum or penalty of c. and also of all other costs charges and troubles that may futurely come or arise for or concerning the same That then c. A Disavowment of a Sute TO all c. I. L. of c. sendeth greeting c. Whereas a Sute hath been of late Commenced and Prosecuted for me and in my name in his Majesties Court of Kings Bench at Westminster against M. L. for c. setting down for what which said Sute as yet dependeth in the said Court. Now know ye That the said Sure was Commenced and is prosecuted without any warrant or allowance of me and I therefore do hereby renounce and disavow the said Sute and all and every other sute or sutes attempted or prosecuted against the said M. L. for me and in my name for or by reason of the said Bond or any other cause or matter whatsoever In witness c. Warrant for the keeping of a Court. WHereas I have received direction from the Right Honourable R. E. of D. to hold a Court-Baron for his Lordships Mannor of S. within c. These are to let you understand That I have appointed the 9th day of c. next being Tuesday for the holding of the said Court at or in the Hall of the said M. house and do therefore hereby request and require you to give notice of the said time and place appointed for the holding of the said time and place appointed for the holding
have power to raise uses at the time of the sealing and delivery of these presents is and standeth seized of a good perfect and indefeazible estate in Fee-simple of and in the said Messuages Lands Tenements and Hereditaments and of and in every part and parcel thereof and that he hath lawfull power and authority by these presents to raise limit and appoint the aforesaid several Uses and Estates and that all and singular the premisses with their and every of their Appurtenances now are and so at all times and from time to time hereafter shall be remain and continue unto the uses intents and purposes before in and by these presents limited expressed and declared free and clear and freely and clearly acquitted and discharged of Discharged of Incumbrances and from all and all manner of former and other Bargains Sales Gifts Grants Leases Joyntures Dowers Wills Entrails c. and of and from all other Titles Troubles Charges and Incubrances whatsoever In witness c. Words to be used upon the Delivery of Possession I Do deliver you possession and seizin of this house or of this parcel of Land in the name of all the rest contained in this Deed or Indenture To hold to you and your heirs and assigns for ever according to the tenor form and effect of this present Writing or Indenture A Conveyance of Land by three Co-heirs and their Husbands well penn'd THis Indenture made the Twentieth day of March in the Tenth year of the Reign of our Soveraign Lord Charles by the grace of God of England Scotland France and Ireland King Defender of the Faith c. Between W. S. of B. in the County of B. husbandman and I. his wife W. M. of L.R. in the Parish of Princes Risborough in the said County husbandman and A. his wife and F.W. of P.R. aforesaid in the said County husbandman and A. his wife and E.A. of the Parish of P. R. aforesaid and S. his wife on the one part and I. M. of H. aforesaid in the said County husbandman on the other part Witnesseth That the said W. S. and I. his wife W. M. and A. his wife and F. W. and A. his wife The Consideration For and in Consideration of the summe of One hundred and ninety pounds of currant money of England to them the said W. S. and I. his wife W. M. and A. his wife F. W. and A. his wife E. A. and S. his wife by the said I. M. in hand paid before the ensealing hereof the receipt whereof the said W.S. c. do hereby acknowledge and thereof do jovntly and severally exonerate and discharge the said I. M. his Heirs Executors and Administrators and every of them for ever by these presents And for other good causes and considerations them moving The Grant have granted aliened bargained sold enfeoffed and confirmed and by these presents for them and their heirs do joyntly and severally Grant Alien Bargain Sell enfeoffe and confirm unto the said I. M. his heirs and assigns for ever All that Messuage Tenement or dwelling house with the appurtenances scituate lying and being at or near a place called W. A. in the Parish of B alias B. in the said County of B. wherein the said W.S. now dwelleth and wherein one W. W. deceased Father of them the said I. A. and A. did lately dwell and inhabit and all those five several Closes of Arable Land Meadow Pasture and VVoodground belonging to or used with the said Messuage Tenement and dwelling house lying and being in the Parishes of B. aforesaid W. and H. or in some or one of them in the County of B. And also all and singular Houses Edifices Buildings Barnes Stables Yards Back-sides Orchards Gardens Lands Tenements Meadows Pastures Feedings Commons Common of Pasture Wayes Easements Passages Profits Commodities Advantages Emoluments Hereditaments and Appurtenances whatsoever to the said Messuage Tenement and dwelling house and premisses or to any of them belonging or in any wise appertaining or accepted reputed taken known or demised letten used occupied or enjoyed as part parcel or member thereof And all other the Lands Tenements and Hereditaments whatsoever of them the said W. S. and I. his wife W.M. F.W. E.A. and every or either of them scituate lying and being in the Parishes of B. W. and H. aforesaid or in any or either of them And also all the estate right title interest use possession reversion and reversions Remainder and Remainders Rent and Rents claim and demand whatsoever of them the said W.S. and I. his wife W.M. F.W. E.A. and every and either of them of in and to the said Messuage Tenement or dwelling-house Closes Lands and all other the premisses and of in and to every part and parcel thereof with their and every of their Appurtenances And all Writings Evidences Deeds Charters Fines Escripts and Minuments whatsoever concerning the premisses or any part thereof And true Copies of all such writings and Evidences as do concern the premisses or any part thereof with any other Lands Tenements or Hereditaments which now be in the hands custody or possession of them the said W.S. W.M. F.W. E.A. or any or either of them or which they or any of them may lawfully get or come by without sute in the Law the same Copies and every of them to be copied and written out at the costs of the said I. The Habendum M. his heirs or assigns To have and to hold the said Messuage Tenement or dwelling-house Closes Lands and all other the premisses with their appurtenances unto the said I. M. his heirs and Assigns To the only proper use and behoof of the said I. M. his heirs and assigns for ever And the said W.S. W.M. F.W. and E.A. for them and their heirs severally and not joyntly nor one for the other the said Messuage or Tenement Closes Lands and all other the premisses with the appurtenances unto the said I.M. his heirs against them the said W.S. W.M. F.W. E. Warranty A. and every of them their and every of their heirs and assigns Shall and will warrant and hereby do joyntly and severally grant to warrant and for ever defend by these presents And further the said W. S. c. for themselves severally and not joyntly nor one for the other and for their and every of their several and respective Heirs Executors and Administrators and for every of them do and doth covenant promise and grant to and with the said I. M. his heirs and assigns and to and with every of them by these presents That they the said W.S. c. for and notwithstanding any act or thing by them or any of them done or suffered to the contrary now are or some of them is and at the time of the first executing an estate of the premisses with the appurtenances unto the said I.M. shall be lawfully and absolutely seized in their Seized in Fee or some of their demeasne as of Fee-simple to
limit ordain or appoint And from and after the end expiration surrender or other determination of the said term or terms of _____ years as they shall severally end and determine then to the use and behoof of such person and persons and for such estate and estates and for such part and parcel as the said T. Lord W. shall by his last Will in writing in presence of two credible witnesses or more appoint limit or declare Provided alwayes and the true intent and meaning of the said T. Lord W. and of all the parties to the said Recovery and Fine and of the parties to these presents and every of them before and at the several and respective times of the suffering of the said Recovery and the acknowledging and levying of the said Fine was and yet is and is hereby so expressed published and declared that notwithstanding any thing herein before contained it shall and may be lawful to and for the said T. Lord W. from time to time Power to make Leases and at all times for and during his natural life at his will and pleasure either by act or acts in writing under his hand and seal to be sealed and signed before two or more witnesses of credit and executed in his life-time or by his last Will and Testament in writing by him to be sealed subscribed and published before two or more such witnesses to give grant or make any lease or leases for life lives or years of all or any of the said Mannors Lands Tenements Hereditaments and Premisses or any of them other than during the life of the said Lady K. of the said chief Mansion-house called H. house and so much of the Demesnes Lands Tenements and premisses next adjoyning to the said Chief Mansion-house as shall amount to the clear yearly value of one hundred fifty pounds over and above all charges and Reprizes Or to charge the premisses to secure moneys to be hereafter borrowed Upon which lease or leases the accustomed or greatest yearly Rent or value heretofore paid for the said premisses or more shall be reserved or to charge the same premisses or any parcel thereof except before excepted and for the time aforesaid with any Rent or Rents Annuity or Annuities Recognizance or Recognizances in the nature of the Statute-Staple or Merchant or by or with any other Recognizance or Recognizances Judgment or Judgements of what nature soever for the assurance of payment of any Sum or Sums of money which he the said T. Lord W. either hath taken up or borrowed or shall hereafter receive take borrow or contract for of or with any person or persons for or to his use or otherwise or for the securing of any person or persons who now is or are or stand or that at any time hereafter shall stand or become bound for him the said T. Lord W. or otherwise at his free-will and pleasure and that the said Recovery Fine and Fines and other Acts and Assurances shall be and enure and the said Recoverors and parties to the foresaid Recovery and the Cognizees and parties to the said Fine and the parties takers thereby and their heirs and all and every other person or persons who now are or stand or hereafter shall be or stand seized of the said Mannors Lands Tenements Hereditaments and premisses by force or under the said Recovery and Fine or either of them and his anâ— hâ—r heirs shall stand and be seized of all or so much of the said Mannors Lands Tenements Hereditaments and premisses and every parcel thereof with the Appurtenances which is or shall be so given granted leased charged or disposed of from and after such gift grant lease charge disposition or other Act or Acts to such uses intents and purposes and to the use of such person and persons to whom such gift grant lease charge disposition or other Act or Acts hath been or shall be made as aforesaid and to the use intent and purpose that the party and parties to whom any Rent or Rents Annuity or Annuities Recognizance or Recognizances Statutes Judgements or other charges already granted or hereafter to be granted made or charged of upon or out of the said Mannors Lands Tenements Hereditaments and premisses or any parcel thereof by the said T. Lord W. shall and may duly have levy perceive take and enjoy the fruit benefit and effect of the same lease and leases Rent and Rents and other charge and charges according to the purport intent and true meaning of the said grant and grants lease and leases Recognizance and Recognizances Judgment and Judgments charge and charges and every or any of them any thing in these presents before contained to the contrary thereof notwithstanding Provided and it is further hereby Covenanted To make void the said uses granted condescended agreed published and declared by and between all and every of the foresaid parties That the true intent and meaning as well of the foresaid Recovery as of the said Fine and of all and every of the respective parties to the same and to these presents alwayes was and is that it should and might and shall and may be lawful to and for the said T. Lord W. from time to time at any time or times during his life by his writing or writings by him to be signed or sealed in the presence of three witnesses of Credit or more or to be inrolled in any of the Courts of Record of our Soveraign Lord the Kings Majesty his Heirs or Successors to signifie or declare that his Will and Pleasure is That all or any of the use or uses estate or estates in Possession Reversion or Remainder limited appointed raised created or implyed in or by these presents shall cease determine be void or revoked of for touching or concerning all or any of the said Mannors Messuages Lands Tenements Hereditaments and premisses or any of them or concerning any part or parcel of them or any of them And that then and from thenceforth all and every of the said use and uses estate and estates in possession Reversion or Remainder so signified and declared to cease determine be void or revoked shall then and from thenceforth cease determine and be utterly void and revoked according to the true intent and meaning of the said T. Lord W. so as aforesaid to be signified and declared other than such lease or leases estate or estates or charges which he the said Lord W. hath or shall make â—ay or charge of or upon any of the premisses for satisfying debts or for valuable Consideration in money or otherwise by force of the foresaid Proviso in these presents before expressed And also that then and from thenceforth at all time and times after such signification or significations declaration or declarations so to be made it shall and may be lawful to and for the said T. Lord W. at any time or times during his life To create nâ—w uses so oft as he shall think
H. D. for the consideration hereafter is these presents mentioned and expressed for himself his Heirs Executors and Administrators and every of them doth covenant promise and grant to and with the said F. R. his Heirs Execotors Administrators and Assigns and every of them by these presents That he the said H. D. and _____ his Wife their Heirs Executors Administrators and Assigns shall and will at the proper costs and charges in the Law of the said F. R. his Heirs Executors Administrators or Assigns by or before the Tenth day of October now next coming after the day of the date of these presents make seal deliver do execute and acknowledge all and every such Act and Acts Deed and Deeds Fine and Fines Assurance or Assurances or other Conveyances in the Law whatsoever as he the said F. R. his Heirs Executors or Assigns or his or their Councel learned in the Law shall reasonably devise advise or require for the sure conveying setling assuring and sure-making unto the said F. R. his Heirs Executors Administrators and Assigns for ever All that Messuage or Tenement with all the appurtenances thereunto belonging or appertaining as the same now is in the occupation of P. A. Pewterer his Assignee or Assignees And of all that Messuage or Tenement with all the Appurtenances thereunto belonging or appertaining as the same now is in the tenure or occupation of _____ S. Chandler his Assignee or Assignees And of all that Room or Shop with the appurtenances now in the occupation of W. Cheese monger all which premisses are scituate lying and being on the South-side of the High-street commonly called Fleet-street London over against the Conduit at or next the Corner turning into Salisbury Court there In consideration whereof he the said F. R. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said H. D. his Heirs Executors Administrators and Assigns and every of them by these presents That he the said F. R. his Heirs Executors Administrators or Assigns or some of them shall and will well and truly satisfie content and pay or cause to be satisfied contented and paid unto the said H. D. his Heirs Executors Administrators or Assigns the full Sum of Five hundred and ten pounds of lawful money of England in manner and form following viz. Ten pounds thereof at the ensealing and delivery of these presents the Receipt of which said Ten pounds the said H. D. doth hereby acknowledge and confesse and thereof doth clearly and absolutely exonerate acquit and discharge the said F. R. his Heirs Executors and Administrators for ever by these presents And the other five hundred pounds refidue and in full payment thereof forthwith and immediately after that he the said H. D. and A. his Wife their heirs executors or assigns shall have levied and acknowledged to the sole and onely proper use and behoof of the said F. R. his heirs executors administrators and assigns in due form of Law such Conveyances and Fine or Fines of all the premisses with their appurtenances before mentioned or intended to be sold unto him the said F. R. his Heirs Executors or Assigns as the Council learned in the Law of the said F. R. his Heirs Executors Administrators or Assigns shall reasonably devise advise or require without covin or delay Item It is agreed between all parties to these presents That Assurances and Conveyances and all Fine or Fines hereafter to be had levied and acknowledged of all the premisses before mentioned shall be and enure and shall be deemed construed and taken to be and enure to the sole and only proper use benefit and behoof of him the said F. R. his Heirs Executors Administrators and Assigns for ever and to no other use intent or purpose whatsoever Lastly It is agreed That if the said _____ D. doth not travel up in person to the Cities of London or Westminster for to levy and acknowledge such a Fine or Fines or other Conveyances as shall be requisite for the sure setling of the premisses unto the said F. R. his Heirs Executors and Assigns in form afore-mentioned then he the said H. D. his Heirs Executors or Assigns shall pay and allow unto the said F. R. his Heirs Executors or Assigns at the acknowledging of such Fines the Sum of Ten shillings sterling for and towards his charges in procuring of a Writ called Dedimus potestatem to enable her the said D. to acknowledge the same Fine in the Countrey In witnesse c. Bonds to perform Covenants A plain Bargain and Sale to be enrolled THis Indenture made the _____ day of _____ in the seventh year of the Reign of our Soveraign Lord Charles by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. Between J. B. Citizen and Grâ—â—â—r of London of the one part and J. D. of H. in the County of E. Esq J. S. of Lincolns-Inne in the County of M. Esq J. C. of D. in the County of H. Clerk and R.D. Gent. second Son of the said J. D. of the other part witnesseth That the said J. B. for and in consideration of the Summe of five hundred and thirty pounds of good and lawful money of England to him in hand paid by the said J. D. the Receipt whereof he acknowledgeth by these presents hath granted bargained and sold and by these presents doth clearly and absolutely grant bargain and sell unto the said J. D. J.S. J.C. and R. D. their Heirs and Assigns for ever all that Field or parcel of Land lying and being in R. in the County of E. commonly called or known by the name of Hilly Field And all that little Marsh or parcel of Marsh-ground lying and being at or near the end of the said Field or parcel of Land And also all that great Marsh or parcel of Marsh-ground and the little Marsh or parcel of Marsh-ground adjoyning to the same great Marsh in R. aforesaid All which premisses do contain together by estimation 35 Acres be they more or less and are set lying and being in R. aforesaid and now or late in the tenure and occupation of T. L. of H. in the said County of E. Esq and the above-named I. D. or one of them or of the Assignee or Assignees of them or one of them and all buildings woods and under-woods standing and growing upon the premisses and all wayes easements profits commodities and appurtenances whatsoever thereunto belonging and all the reversion and reversions remainder and remainders estate and interest of him the said J.B. of and in all and singular the premisses with all and every their incidents and all evidences writings or minuments of or concerning the said Lands and premisses To have and to hold the said Field Marshes Marsh-grounds and premisses before mentioned with all and every the appurtenances unto the said J.D. J.S. J.C. and R.D. their heirs and assigns to the only use and behoof of them the said J.D.
reserved upon any demise lease or grant demises leases or grants heretofore made or granted of the premisses or of any part or parcel thereof and the Reversion and Reversions Remainder and Remainders of all and singular the premisses and of every part parcel thereof and also the said R.M. for the consideration aforesaid hath granted bargained and sold and by these presents doth fully and clearly grant bargain and sell unto the said R. L. and G. L. their heirs and assigns for ever all the estate right title interest use possession reversion property condition claim and demand whatsoever which he the said R. M. hath or had or shall should may might or of right ought to have or claim of in or to the said Mannor and Lordship of C. Rectory Advowson Messuages Lands Tenements Hereditaments and all and singular other the premisses with the appurtenances before in and by these presents granted bargained and sold or of in or to any part or parcel thereof Habendum To have and to hold all the said Mannor and Lordship Rectory Advowson Messuage Lands Tenements Meadows Feedings Pastures Commons Rents Reversions Services Hereditaments and all and singular other the premisses herein before mentioned meant or intended to be hereby given granted bargained and sold and every part and parcel thereof with all and singular the Rights Members and Appurtenances unto the said R. L. and G.L. their heirs and assigns to the onely proper use and behoof of them the said R. L. and G. L. and of their heirs and assigns for ever And the said R.M. and his heirs the said Mannor c. ut in al. Warranty Warran c. In cujus rei c. An Indenture of Covenants to the former Indenture Whereupon a Recovery is passed THis Indenture made the c. between Sir R. M. of c. of the one party and R. L. c. and G. L. of the other party Whereas the said R. M. by an Indenture of Bargain and Sale bearing the date hereof and sealed and delivered with these presents for the Causes in the same Indenture mentioned and expressed doth give grant bargain sell and confirm unto the said R. L. and G. L. their heirs and assigns for ever all that the Mannor and Lordship of C. c. and divers other Lands and Tenements as by the same Indenture of Bargain and Sale amongst other Covenants grants and agreements therein mentioned more at laâ—ge it doth and may appear Now this Indenture witneâ—◠〈◊〉 That the said R.M. for the consideration in the said Indenâ—â—â—◠〈◊〉 Bargain and Sale mentioned hath bargained and sold and by these presents doth bargain and sell unto the said R. L. and G. L. their heirs and assigns for ever All and all manner of Deeds Evidences Charters Writings Escripts For delivery of Evidences Court-Rolls Books of Survey Books of Accompt Rentals Counterparts of Leases Terrors Boundaries and Minuments whatsoever any way touching or concerning the said Mannor and Lordship rectory advowson messuages lands tenements and other the Premisses with the appurtenances or any part or parcel thereof All which said deeds evidences writings escripts Court-Rolls books of Survey books of accompt Rentals Counterparts of Leases Terrors Boundaries and Minuments before mentioned Forster or so many of them as now be in the hands custody or possession of the said R.M. or of any other person or persons to his use or by his delivery or which he knowing where they are may lawfully get or come by without sute in the law together with true Copies of all Deeds Evidences Writings and Minuments as do touch or concern the premisses or any part or parcel thereof joyntly with any other lands or tenements the same Copies to be written and copied out at the costs and charges of the said R. L. and G L. their heirs and assigns And the said R.M. for himself his Heirs Executors and Administrators doth covenant c. to and with the said R. L. and G. L. their and either of their heirs and assigns and every of them by these presents to deliver or cause to be delivered unto the said R. L. and G. L. their heirs and assigns or to some of them For being seized on this side and before the Feast of c. whole safe uncancelled and undefaced And the said R. M. doth covenant c. in manner and form following viz. That he the said R. M. at the time of the ensealing and delivery of these presents is and standeth and so until a good and lawful estate shall be vested and executed in the said R. L. and G.L. and their heirs according to the intents and true meaning of these presents shall be and stand and be the very true sole lawfull and perfect owner and rightfully and absolutely seized of the said Mannor and Lordship and of all and singular other the Premisses with the appurtenances in the said Indenture mentioned meant or intended to be thereby given granted bargained and sold in his Demeasn as of Fee-simple or Fee-tail general to his own proper use and behoof without any manner of condition or limitation of any use or uses to alter change or determine the same And that there is not nor before the execution or vesting of the said estate No Reversion in the King there shall be any Reversion or Remainder thereof or of any part or parcel thereof c. or in any other person or persons And also that he the said R. M. now hath and untill he executing and vesting of the said estate shall have full power lawful and rightful authority to convey and assure the saiâ— Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and all and singular other the above mentioned bargained Premisses with the appurtenances unto the said R.L. and G. L. their heirs and assigns for ever in form aforesaid And the said R. M. doth covenant c That the said Mannor and Lordship Rectory Advowson Messuages Lands Discharge of incumbrances Tenements and all and singular other the Premisses before by the said Indenture given granted bargained and sold or meant mentioned or intended to be thereby given granted bargained and sold and every part and parcel thereof with the appurtenances at the ensealing and delivery of these presents are and be and so at all times hereafter for ever shall be remain and continue unto the said R.L. and G. L. their heirs and assigns free and clearly acquitted exonerated and discharged or otherwise well and sufficiently saved and kept harmlesse of and from all and all manner of bargains sales gifts grants leases joyntures dowers annuities statutes-merchant and of the staple recognizances uses wills intails fines for alienation without licence post fines rents charge-rents seck arrerages of rents amerciaments intrusions primer-seisins condemnations judgements extents executions claims duties debts of Record debts to the c. and of and from all other charges estates titles troubles incumbrances and demands whatsoever had made
of the said T. G. to the only proper use and behoof of them the said T.G. and M. and of the heirs and assigns of the said T.G. for ever all the estate right title interest use possession reversion remainder property claim and demand whatsoever which I the said J. R. have or had or that I my heirs or assigns or any of us at any time or times hereafter shall have or may might should or ought to have or claim of in and to all that the scite of c. recite the Land as in the Indenture of bargain and sale and of in and to every part and parcel thereof and of in and to the Reversion and Reversions whatsoever of all and singular the premisses herein before mentioned to be remised and released and of every part and parcel thereof with the appurtenances and of in and to all and singular Woods Under-woods and Trees growing or being of in or upon the premisses or any part or parcel thereof and of in and to the ground and soile of the same Woods Under-woods and Trees and of in and to all and singular the Rents and profits whatsoever reserved upon any demise lease or grant heretofore made or granted of the premisses or of any part or parcel thereof To have and to hold the said scite c. and the said Messuage or Tenement called the B. the said Tenement called the C. and all and every other the said Messuages Lands Tenements Meadows Feedings Pastures Commons Hereditaments and all and singular other the premisses herein before mentioned to be remised and released and every part and parcel thereof with the appurtenances together with the said estate right title interest use possession reverâ—on remainder property claim and demand whatsoever of me the said J. R. and my heirs of in and to the same premisses and of in and to every part and parcel thereof with their appurtenances unto the said T. C. and M. his wife and to the Heirs and Assigns of the said T. C. to the onely proper use and behoof of them the said T. C. and M. and of the heirs and assigns of the said T. C. for ever So that neither I the said J. R. nor my heirs not any of us nor any other person or persons for us or any of us or in the name or names of us or any of us shall or will at any time or times hereafter ask claim challenge or demand to have any manner of estate right title interest or demand of in or to the scite c. lands tenements meadows feedings pastures hereditaments and other the premisses or any part or parcel thereof with the appurtenances but that we and every of us shall be thereof and of and from every part and parcel thereof from henceforth utterly barred and excluded for ever by these presents with warranty against J. R. and his heirs A Release of a Rent reserved in a pair of Articles of agreement TO all Christian People to whom c. W. F. greeting c. Whereas J. H. of c. being possessed and interessed for divers years yet to come of and in divers Messuages Lands Tenements and Hereditaments mentioned and contained in one pair of Indentures dated c. had and made between him the said J. H. of the one party and H. A. of the other party did by Indenture bearing date c. assign and set over unto the said H. A. the said original Lease and all and singular the Lands Tenements and Hereditaments therein contained all which the said H. A. hath sithence by his several grants or assignments granted assigned and set over unto G.R. of c. to have to him his Executors and Assigns for and during all his estate title term interest and number of years which he had of in or to the premisses as by his several Grants or Assignments more at large appeareth to this intent meaning and purpose Nevertheless and upon trust and confidence that the same shall be to the use benefit and behoof of D.N. W. F. and R. M. equally amongst them And whereas by a certain pair of Articles of Agreement indented bearing date the c. made between the aforesaid W. F. on the one party and the said D.N. of the other party it was agreed between them the said D.N. and W. F. and the said W. F. did for him his Executors Administrators and Assigns covenant grant and agree to and with the said D. N. his Executors and Assignes That he the said D. N. his Executors or Assigns should or might at all time and times from thenceforth during the said term have and enjoy to his only use and behoof all the estate title term interest number of years use and commodity whatsoever which he the said W. F. his Executors Administrators or Assigns had should or might have of in or to one full third part in three parts to be divided of all and singular the premisses and all the estate title term interest use benefits number of years and commodity which he the said W.F. hath of in or to the premisses or any part thereof In consideration whereof the said D.N. his Executors Administrators or Assigns should yearly pay or cause to be paid unto the said W.F. his Executors Administrators or Assigns 200 l. during the said term the same to be paid c. as in the Articles of Agreement as by the same Articles of agreement may appear Now know ye That the said W.F. for and in consideration of the Sum of 2000 l. c. to him in hand at and before the ensealing and delivery of these presents by the said D.N. well and truly paid doth by these presents for him his Heirs Executors and Administrators freely clearly and absolutely acquit discharge grant remise release and for ever quit-claim unto the said D. N. his Heirs Executors and Administrators the said yearly Rent or Sum of 200 l. of c. so as aforesaid mentioned reserved or covenanted to be paid in and by the said Articles of Agreement as aforesaid and all and every the covenants conditions and agreements touching the same Rent and also all and all manner of actions sutes cause and causes of actions and sutes trespasses reckonings rents arrerages of rents accompts executions sum and sums of money and demands whatsoever which at any time heretofore ever he the said W. P. hath or had or that he his Heirs Executors or Administrators or any of them at any time or times hereafter can or may have claim or challenge to have to for or against the said D. N. his Heirs Executors or Administrators or any of them for or by reason of the said yearly Rent of 200 l. or any of the Articles or Agreements concerning the same or any of them or any other the Covenants in the said several Writings contained or either of them And further know ye That the said W. F. doth by these presents remâ—â—e and release unto the said D. N. his Executors
of Joane a new right or title in the tayl descendeth to the said Richard and after his death to the said Thomas his Brother the Demandant Benloes Rep. 30 31. 2. In 29 H. 8. A Recovery was had against Tenant in taile and he dyed before execution And by the better Opinion the Issue is not remitted neither shall he falsifie because of the Recovery in value upon the Voucher Dyer 35. 3. In the Case of Hunt and Gateley Pasch 23 Eliz. in C.B. the case was That he in Remainder granted a Rent out of the Land after the Tenant in tail suffered a Common Recovery and dyed without Issue And it was Resolved by all the Judges of England That Leases for years Conusance of a Statute Grant of a Rent and all other Incumbrances by him in remainder are avoided by the common Recovery that the Tenant in tail shall suffer of the Land Moores Rep. Case 298. Capell's Case 23 Eliz. Co. 1. fo 62. 4. In Trin. 12 Eliz. 290. A Recovery was suffered by Husband and Wife of Tenements in London which by the Custome of London binds as a Fine at Common Law which was to the use of the Recoverors c. untill they made a Lease for 40 years and then to the use of the husband and wife and the heirs of the wife The Lease was made and then the husband dyed In this case the Court held that the wife should be concluded and should not avoid this Lease but shall hold under the Recovery so as the Lease precedes her Estate But Quaere what remady she shall have for the Rent which was reserved before her Estate by the use was created Dyer 290. See Co. 2. Part 57. Beckwiths Case 5. Replevin for the taking of three Cowes apud Rowdham the Defendant justifies for damage Feasant as in Freehold the Pâ—aintiff traverses the Freehold and thereupon being at Issue a specia Verdict was found Where the Case appeared to be One William Brown Father to the Defendant being seised of this Land in Fee having Issue the Defendant his Son and Heir Thomas Brown his second son and Richard a third by his Will in writing devised this Land to Thomas his son and his Heirs for ever paying to his brother Richard 20 l. at his age of 21 years And if Thomas dyed without Issue living William his Brother That then William his Brother should have those Lands to him and his heirs and assigns for ever paying the said Summe as Thomas should have paid Thomas enters and suffers a common Recovery with a single voucher to the use of himself and his heirs and afterwards deviseth it to the wise of Edward Pells the Plaintiff and her heirs and dyes with out Issue living the said William Brown who entred upon Edw. Pells and took the Distress Et si c. This Case was twice argued at the Barre and afterwards at the Bench and the matter was divided into three Points 1. Whether Thomas had an Estate in Fee or in Fee tayl only 2. Admitting he had a Fee Whether this limitation of the Fee to William be good to limit a Fee upon a Fee 3. If Thomas hath a Fee and William only a possibility to have a Fee Whether this Recovery shall barr William or that it be such an Estate as cannot be extirpated by Recovery or otherwise To the third Point Dodderidge held That this Recovery should barr William for he had but a possibility to have a Fee and as it were a contingent Estate which is destroyed by this Recovery before it came in esse for otherwise it would be a mischievous kind of Perpetuity which could not by any means be destroyed And although it was Objected That a Recovery shall not barre but where a Recovery in value extends thereto as appears Co. lib. 1. Capell's Case That a Rent-charge granted by him in remainder was bound Yet he held That this Recovery destroying the immediate estate all Contingencies and dependencies thereupon are bound and a Recovery shall bind every one who cannot falsifie it And he who hath this possibility cannot falsifie it therefore he shall be bound thereby But all the other Justices were herein against him That this Recovery shall not bind for he who suffered the Recovery had a Fee and William Brown had but a Possibility if he survived Thomas and Thomas dying without issue in his life no Recovery in value shall extend in value thereto unless he had been party by way of Vouchee And then it should for by entring into the Warranty he gave all his possibility Therefore they agreed to the case which Davenport at the Barre cited to be adjudged 34 Eliz. where a Mortgagee suffers a Recovery that shall no bind the Mortgagor but if he had been party by way of Voucher it had been otherwise and here is not any Estate depending upon the Estate of Thomas Bray but a Collaterall and meer Possibility which shall not be toucht by a Recovery And if such a Recovery should be allow'd then if a man should devise that his Heir should make such a payment to his younger sons or to his Executors otherwise the Land should be unto them if the Heir by Recovery might avoid it it would be very mischievous and might frustrate all devices and there is no such mischief that it should maintain Perpetuities for it is but in a Particular case and upon a mere contingency which perchance never may happen and be avoided by joyning him in the Recovery who hath such a contingency And on the other part it would be far more and a greater mischief that all Executors devises should by such means be destroy'd And Hutton in his Argument put this Case If a man gives or devises Land to one and his heirs as long as J. S. hath Issue of his body he by Recovery shall not bind him who made this Gift without making him a party by way of Vouchee for a Recovery against Tenant in Fee-simple never shall bind a collateral interest title or possibility as a Condition or Covenant or the like Wherefore they all besides Dodderidge held that this Recovery was no barr But it was adjudged for the Defendant Pells and Brown Hill 17 Jac. B.R. Cro. 2 Part 590. 6. In Pasch 24 Eliz. C. B. A Feme Sole was seised of a Mannor to which were three Copyholds one of the Copyholders did intermarry with the woman and afterwards he and his wife did suffer a Common Recovery of the Mannor to the use of themselves for their lives and afterwards to the use of the Heirs of the wife In this case it was agreed by the whole Court That the Copyhold was extinct And said by the Court That if a Copyholder will joyn with the Lord in a Feoffment of the Mannor thereby the Copyhold is extinct and so if he accept a Lease of his Copyhold Godb 11. Mich. 29 Eliz. C.B. Godb. 101. accord 7. Husband and wife are Joynt-Tenants for life the remainder to
at the common Law falfifie 26 H. 8.2 for having but a Chattel derived out of a freehold there is no reason he should falfifie a Recovery which draweth the Fees simple out of the Lessor Also the present Estate upon which the Lease depends being destroyed the Lease must needs be extinct Of Bargaine and Sale by Deed. A Bargain and Sale is a real contract upon valuable considerations for the passing of Lands Tenements or Hereditaments by Deed indented and inrolled within six moneths after the date of it without Livery of seisin or Atturnment of Tenants so as be by Deed indented sealed and inrolled either in the County where the Land lyes or within one of the Kings Courts of Record at Westm within six moneths after the date as we said before Plowd 307. Co. 2 part Inst 672. Concerning which I will give only a few Generals 1. That if one for money grant a Rent without any word of Bargaine and Sale and the Deed be inrolled the Rent will pass without atturnment Cro. 3. part 166. 2. That Lands in London bargained and sold by Tenant in tayle and the Deed delivered after the same year he made Livery to him the Lands pass by the bargain and Sale Yelverton 123 124. 3. That as the very words Bargaine and Sale are not needful to make some Land pass by way of Bargain and Sale where there is an inrolment So inrolment is not necessary in all cases As where a reversion is granted for years only there neither inrolment not atturnment are necessary Cook 8.93 Foxes Case 4. That the makers of the Act 27 H. 8. chap. 10. did not expect that any Land after that Act should pass by way of Limitation of use save only uses upon Bargain and Sale which they did in the same Parliament allow after inrolment And they did presume that little Land would pass that way for that the Bargaine being in the Post might not vouch by force of any warranty annexed to the Estate of the Land Co. 1.120 in Chudleighs Case 5. That to make a good Estate for years by way of Bargain and Sale for Land to pass this may be without inrolment of the Deed But to make a good Estate of the Freehold or Inheritance of Land by way of Bargain and Sale it must have the Requisites of a Deed. viz. 6. It must be by Writing and not by Print or Stamp in Parchment not in Paper nor upon Lead Wood or the like Co. 5.20 2 part Inst 672. 7. That by the Common Law Land might have passed by word for the use only past but now it must be by Deed save only in some Cities Villages and ancient Burroughs where it passeth by Custome Dyer 229. 8. That if a Father in consideration of 10 l. paid to him by his Son doth covenant to stand seised to his use no use will arise without Inrollment Coo. 7.40 9. That the Inrollment upon such a Deed so as to make the Estate to pass must be in Parchment Co. 2. Part Inst 673. 10. The inrolled Deed must be indented for if it be by Deed-Poll the Estate will not pass Dyer 229. The Six moneths given for Inrollment are to be accounted 1. From the date and not from the time of the delivery of the Deed and from the date and from the day of the date is all one 2. After the account of 28 dayes to the moneth and no more 3. The day of the date to be taken exclusive Moors Rep. 40. Case 128. and yet if it be inrolled the same day it bears date it is good If it chance which is very seldome that it have no date then the day of the delivery shall be taken for the date and the six moneths to be cast from thence Mich. 37 38 Eliz. Franklin and Garter's Gase Co. 2. part Inst 674. And if the Deed be not thus inrolled it is of no force at all Co. 5.1 Dyer 218. Co. 11.48 Moors Rep. 41. Case 148. This kind of assurance by Bargain and Sale thus perfected by Inrollment will as effectually transfer the Land as any other Conveyance and therefore the Bargainee of a Reversion albeit he may not have benefit of a Condition upon demands of Rent without giving notice of the bargain and sale to the Lessee and albeit that A. the Conusee by a Fine of a Reversion before Attornment of the Tenant bargain and sell the Reversion to B and that in this case B. cannot distrain for his Rent until he can get Attornment of the Tenant yet the Bargainee shall have benefit of a Condition of an Assignee within 32. H. 8. And it seems he may vouch by force of a warranty annexed to the estate of the Land for he is in partly in the Per and partly in the Post Co. 8.94 3.62 5.113 I will Illustrate this Point only with three or four Cases and then give you Presidents Case 1. Winchcombe having Issue two Sons conveyed a Mannor unto his eldest son and to the daughter of Dunce for life for the Joynture of the wife the Remainder to the son in Fee the son having no Issue his Father in Law Dunce procured him by Deed indented to Bargain and sell to him the Mannor the Bargainor being sick who dyed before Inrollment of the Deed within the six moneths the Deed not being acknowledged and afterwards the Deed coming to be inrolled the Clerk who inrolled it procured a Warrant from the Master of the Rolls who writ upon the Deed Let the Deed be inrolled upon Affidavit made of the delivery of the Deed by one of the witnesses to the same and afterwards 〈…〉 was inrolled within the six moneths And the Opinion of the Court was That the Conveyance was a good Conveyance in Law And therefore the younger Brother exhibited his Bill in Chancery pretending the Conveyance to be made by practice without any consideration Winchcombe and Dunce Hill 13 Jac. in Canc ' Godb. Case 376. 2. Popham's Case 5 Eliz. If a man bargain and sell to one and after to another the first Deed is inrolled and after the second and that the last day of the six moneths accounting the day of the date for none yet it was held by the Court That the first Bargainee should have it sic vide from the Date which are the words of the Statute are of the same sense as from the day of the date and that twenty eight dayes make a moneth Dyer 218. Moores Rep. 40. Case 128. 3. Chibbornes Case Lands in London may be bargained and sold by words without Indenture or Inrollment Dyer 228. 4. In Trin. 41 Eliz. Fisher against Smith it was held by the Court. That a bargain and sale of Lands by Deed indented and inrolled for divers good considerations is not good to pass the Land without proof of money paid which must be averred But if the Deed say for a competent sum of money neither party may urge there was none paid albeit it be uncertain Moor. Rep.
Defendant avowing for damage Feasant the Plaintiff justifieth by reason of Common of Pasture Stat. Marlb cap. 21. The Sheriff may replevin Beasts not onely without but within a Liberty also if the Bayliff of the Liberty will not Stat. Westm 2. cap. 2. The Sheriff or Bayliff shall take Pledges of the Plaintiff not onely de prosequendo before they make deliverance of the Beasts but of returning the Beasts if a return be adjudged he that taketh pledge otherwise shall answer the price of the Beasts Upon a Return awarded to the Defendant the Writ de Returno habendo shall have this Clause That the Sheriff shall not deliver them without Writ wherein mention shall be made of the Judgement And thereupon the Plaintiff if he will may have a judicial Writ to the Sheriff to deliver him the Beasts Upon a Return awarded after which if a Return another time be awarded there shall be no more Replevins And if upon his default a second time or otherwise the Defendant be adjudged to have a New Return the Distress shall remain irreplegiable Stat. 1 2 Phil. Ma. cap. 12. Every Sheriff of a Shire being no City shall at his first County day or within two moneths after the receit of his Patent proclaim in the Shire Town four Deputies at the least dwelling not past Twelve miles one from another which in his name shall make Replevins as the Sheriff might do himself This is all thought fit at the present to be Added to make this Book Compleat wherein you not onely find the Choycest Presidents in their kinds but the Nature and Use of them according to the Common Law or as bounded by Statutes And withall given a short Touch upon Distresses and Replevins with the Statutes relating thereto FINIS The Table A INdenture of Annuity 1 118 159 450 571 Assignment of a Lease in trust 10 138 176 Atturney Letter of Atturney 33 144 147.199 200 Another 34 146 148 149 201 203 204 319 341 Award the form thereof 34 172 584 587 Assignment of two several Obligations 52 Assignment of two Apprentices c. 53 Assignment of a Lease of Partition c. 57 Assignment of a wharf-stocke c. with a general Release c. 61 Assignment of a Lease c. with an Execution 62 67 134 491 Assignment with a Proviso 96 Assignment of Lands taken upon extent 98 Apprentiship Indenture thereof 119 Assignment of a moyety of a house goods c. 136 Assignment of an Annuity 140 175 Apprentice discharge of him 144 Arbitrement condition of a bond thereof 153 160 Apprentice covenant for his truth 153 Annuity released 330. Atturney Letters of Atturney several kindes thereof 342 343 344 345 346 347 369 386 Assignment letter of Atturney of several bonds 381 Answer in Chancery beginning end thereof 425 Title of a Second answer c. 427 Affidavit that a Defendant cannot answer without sight of writings 429 Administrators account the form thereof 430 Answer in Chancery to a bill there-exhibit 431 Articles of agreement form thereof 439 454 561 Acquittance for purchase money 501 Attornment of tenants indorsing thereof ibid. Assignments of several Leases with good Covenants 536 Articles for buildings 557 Articles to Surrender Copyhold lands c. 565 Assignment of a bond for collaterall Security 570 Articles to hold Coyhold lands from year to years c. 574 Allotment of several parcels of Land an Indenture to that purpose 632 Atturney Letter of atturney Irrevocable with covenant c. 650 Another of another kind 651 Of a mans Estate in generall 652 Of severall Sums of money 653 Assignment of certain debts 654 B BIll of Sale 17 170 Bond assignment thereof 41 Bargayne and Sale of a Mannor with necessary Covenants 102 120 Bargayn and Sale of a house in London 130 Bill of Debt 163 489 654 Bill obligatory 164 Bargaine and Sale of houshold-stuffe and others 170 171 Bargaine and Sale of trees 208 Bargaine and Sale absolute of a house Land 214 607 609 Brewers Clarke a condition for him 225 Bargaine and Sale of woods 320 618 619 Burgess to serve in Parl. Indenture 357 Bills in Chancery Several formes thereof 420 433 Bill of Revivor 424 Bargaine and Sale deed to revoke it 442 Bargaine and Sale for collaterall Security 483 Bargaine and Sale upon Surrender of a Lease 511 Bargaine and Sale in trust 523 A plain Bargaine and Sale to be enrolled 556 Bargaine and Sale from the mortgages and mortgager to another before time of redemption 593 Bargaine and Sale conditionall to Feoffees in trust 599 Bargaine Sale of Swan and Swan-mark 617 C Condition to pay a Summe of Money at two payments c. 32 179 Condition to make Free an Apprentice 33 Condition to pay Money in 14 dayes c. 56 160 Condition to yay Money to Children at their several Ages according to a Will c. 59 60 Condition to pay Rent quarterly c. 87 158 188 192 332 549 Covenant to deliver possession or a deed 95 185 300 Contract of matrimony revoked 97 Charter-party for a ships voyage 100 395 Conveyance in Fee of a house and land c. 125 Copyhold Covenant to Surrender it 151 156 199 332 Covenant for further assurance 151 154 158 Covenant that he is lawfully seized c. 152 Covenant not to cut down or Sell trees c. 152 Condition of a Bond of Arbitrement 153 160 Condition to find one dyet by the year 155 Condition to save a tenant harmless for payment of rent the title being in controversy 155 547 Condition to discharge Churchwardens of a child c. 156 Condition for quiet enjoyment c. 157 187 188 327 Condition to Save harmless c. 161 183 190 193 196 197 198 Condition to pay money upon a nonsuit 162 Condition to perform Covenants 162 180 298 Condition to deliver Hay or Oats at a day 179 Condition to stand to an Award c. 180 Condition not to demise or alien without consent 181 Condition to justifie actions c. 182 Condition to pay money yearly c. 183 185 Condition to seal an Indenture by a day 184 Condition to assign a Lease c. by a day 186 302 Condition not to do any act to prejudice the estate of the Obligee in a Lease c. 187 Condition from a husband to secure childrens estates 189 Condition for an hired Servants truth 191 Condition to pay money at the end of an Apprentiship 194 Condition to repay money upon dislike c. 195 Condition to build a house or Farm ibid. 299 Conveyance of Land upon marriage 218 Condition that Land is free from incumbrances 224 Condition for a Brewers Clerk 225 Covenant to seal a new Lease and the Lessee in the interim to enjoy 236 Covenant to pay the Sheriff for an Arrest 238 Covenants between Partners at the dissolution of their Partnership 238 Conveyance from tenant in tayle to Baron and Feme and the heirs of the Baron for ever
RElease of Lands mortgaged 18 Revocation Deed to revoke uses 30. 166 Recognizance assignment thereof 24 Release general 27 143 164 457 489 Release from one that hath lost a deed 27 46 Release of fines and Forfeitures to the King 28 Release or resignation of a trust 29 Release of an annuity 42 628 Release of Dower 45 Revocation of a pretended contract of matrimony 97 Rent reserved grant thereof 117 Release of Lands upon performance of Articles 124 165 502 Recovery Covenants to pass a Recovery c. 133 207 266 Release by one used in trust 141 Revocation of a Suit 142 Release of Errors 144 Release upon receit of a legacy 164 351 Recovery deeds of Settlement thereupon 250 254 260 Release of a Proviso 319 320 321 Release of a Recognisance 340 Release of an extent Bond c. 350 Release between Purchasors 359 Rejoynder the form thereof 428 Replication the form thereof 429 Release to a purchaser 445 Release confirmation 453 Release from an Executor 456 Redemise of Lands mortgaged 466 Release of Land in exchange 589 Release where 3 have Estate of inheritance 622 Release of a conditionall assignment 623 Release of a Mannor 624 Release of rent reserved 626 Release of a condition c. 627 629 S SAle A bill of Sale 17 Scavenger and Raker Indenture between them for cleansing the streets 31 Sale of the moiety of a Rent reserved by Lease 88 Surrender of a Lease for lives c. 142 Suit revocation thereof 142 503 Surrender of Copyhold lands by way of Mortgage 173 Settlement by fine and Recovery of lands to raise money to pay debts and childrens portions 280 Sale of goods by the Sheriff bayliff 359 Sheriff discharge to him 388 Statute assignment thereof 418 Sub-poena affidavit of Serving thereof 428 Stewardship of a Mannor grant thereof 458 644 Surrender acknowledgment of what estate was granted and how 492 Settlement Indenture thereof well penned 541 Swans and Swan-marke Bargain and Sâ—le of it 617 Survivorship Indenture to avoid it 636 637 T TYthes a Lease thereof 43 Transport of Goods in a ship 232 Tripartite deed of Lands c. in trust till a joynture made 273 Testimonial of a house and good burnt 358 Trust declaration thereof 375 444 461 496 500 Tenant poynts of law between Lord and tenant c. 393 Trust acknowledgment thereof 408 409 Tayle estate tayl barred by Indenture 463 V USe deed to lead the use of a fine 107 Uses declared by deed with good covenants 278 378 487 Uses revoked by deeds c. 397 W WIll the form thereof 46 The preamble of the same 179 Warrant of Atturney to confess a judgement 206 349 Warrants to acknowledg Satisfaction 206 352 Warrants of Atturney in general 349 352 Warrant of a Master in Chancery upon a Reference 428 Warrant to keep a Court 503 Warrant for a Buck and Doe 646 The Table to the Fourth Part. A. Audita Querela the Nature of it where it lyes and for what 723 724 725 Where returnable 725 B. BArgain and Sale definition thereof 694 Rules concerning the same 695 Time for Inrollment 696 Presidents thereof 698 C. COncords of Fines Presidents thereof 662 663 Cases concerning Fines 670 Cases concerning Recoveries 688 Cases concerning Bargain and Sale 696 Cases concerning Execution in its several kinds c. 705 Cases concerning Statutes and Recognisances 718 D. DEpheasance the Nature of it 722 Rules concerning the same ibid. Distresses and Replevin what they are where they lye for whom and what 726 727 E. EXemplification of a Fine 664 665 Executions the several sorts thereof 703 What is lyable thereto et è contra 714 Escape what shall be so judged 726 F. FIne definition thereof 661 Proceedings therein 661 662 Foot of a Fine 667 I. INdenture of Covenant for a Recovery to be suffered 682 Another declaring the Uses of a Recovery already suffered 683 Judgment and the Execution thereof 700 How a Judgment shall be executed 701 P. PResident of a Lease to make a Tenant to the Praecipe 677 Proviso for Revocation of Uses 684 Presidents of Bargain and Sale 698 R. REcovery definition thereof with the Formalities and Efficient causes 675 Proceedings therein ibid. President thereof in the Hustings London with double Voucher 678 Revocations of Uses according to former Indentures c. 686 Replevin the nature of it and for what it lyes 728 Statutes concerning it 728 729 S. STatutes relating to Fines c. 673 Statutes relating to Recoveries c. 692 Statutes concerning Judgments and their execution 702 Sheriff his Duty in doing Execution 705 Statutes concerning the same 709 Statute or Recognisance the nature thereof 710 711 Forms thereof ibid. et 712 Where a person shall be contributory thereto 726 Rules concerning the same 713 Proceedings thereon 715 Sureties how to be proceeded against 718 Statutes relating to Recognisances c. 719 720 Statutes concerning Distresses and Replevins 727 V. USe of a Fine Indenture to â—ead it in several Forms and Cases 668 684 Uses how they may be declared and when and by whom 669 670 Uses declared upon Revocation 688 W. WArrant of Atturney and Ded. Pot. the form thereof 677 678 What requisite thereto 678 FINIS
this present Lease yield up and leave the same And further shall from time to time To do suit belonging to the Mills of the said Mannor during the said term do his or their suit for or belonging to the Mill or Mills of the said C. B. within the said Mannor of S. aforesaid and all such Corn and other Grain whatsoever as the said I. S. aforesaid doth or may accustomarily use to grind or cause to be ground to be at the same Mill or Mills ground And it is further covenanted and agreed between the said Parties that it shall and may be lawful to and for the said C. B. and his Heirs or any to whom the Right thereof shall appertain as aforesaid if it be their pleasure at any time hereafter during the said term to make an exchange of parcel or parcels of the Lands or Meadows or any part or parcel of the premises belonging to the said Messuage or Tenement and to take and have the same at his or their will and pleasure giving and allowing unto the said I. S. and his Assigns as much Land in quantity and goodness for the same in such place within the Fields of S. aforesaid as by the judgment and discretion of sour of the Tenants of the said C. B. and his Heirs or any to whom the Right thereof shall appertain as aforesaid then dwelling in S. aforesaid shall be adjudged nominated and appointed And the said I. S. covenanteth and granteth c. that he the said I. S. or his Assigns shall and will yearly during the said term at seasonable times due and convenient in the year plant or set in or upon the premises six handsome young Trees or Saplings of Oak Elm or Ash and them so planted and set shall from time to time yearly cherish preserve sustain and suffer to grow and encrease to the most profit use and behoof of the said C. B. his Heirs and Assigns for ever Provided alwayes and it is fully conditioned and agreed between the said Parties that the said I. S. shall not at any time hereafter Demise Grant Let Set Assign or by any other way or means put away or depart with the said Leases Term of years Messuage or Tenement and other the premises with the appurtenances or any part or parcel thereof or do procure or suffer to be done any act deed or thing whatsoever whereby the same or any part or parcel thereof shall or may at any time hereafter Revert Descend or come unto any person or persons whatsoever other than unto his Wife and Child at any time during the said term without the consent of the said C. B. or his Heiâ—s and other the persons aforesaid first had and obtained in Writing under his or their Hands or Seals upon pain of forfeiting of this Indenture of Lease any thing herein contained to the contrary in any wise notwithstanding And the said C. B. convenanteth for himself his Heirs Executors and Administrators c. to warrant and defend the said Messuage or Tenement and all other the premises above letten unto the said I. S. and such his Assigns as are above expressed against all and every person or persons pretending any Title to the same from by or under him the said C. B. his Heirs or Assigns during the said Term according to the true intent and meaning of these presents In witness whereof the Parties first above named unto these present Indentures interchangeably have set their Hands and Seals the day and year first above written Annoque Dom. 1636. A Deed of Gift made to One to save him harmless from all Bonds TO all Christian people to whom this present Writing shall come II. P. of c. send greeting in our Lord God everlasting Know ye That I the said I. P. as well for the indemnity discharge and saving harmless of R. B. of c. his Heirs Executors and Administrators and every of them off and from all manner of Bonds and Writings Obligatory whatsoever wherein the said R. B. is and standeth bound for me the said I. P. in any sum or sums of money to any person or persons whatsoever as also for divers other good Causes and Considerations me hereunto especially moving have given granted Grant bargained sold and confirmed and by these presents do give grant bargain sell and confirm unto the said R. B. all and singular my Leases Goods and Chartels whatsoever as well real as personal of what kind nature quality or condition soever the same are or be and in what place or places soever the same shall or may be found as well in my own custody and possession as in the hands custody and possession of any other person or persons whatsoever To have and to hold all and singular the said Leases Goods and Chattels and all other the premises with the appurtenances to the said R. B. his Heirs Executors Administrators and Assigns to his and their own proper use and behoof for ever And I the said J. P. and my Heirs all and singular the said Goods and Chattels and other the premises unto the said R. B. his Executors Administrators and Assigns to his and their own proper use as aforesaid shall and will warrant and for ever defend by these presents Provided always That if the said I. P. my Executors Administrators or Assigns or any of us do or shall from time to time and at all times hereafter clearly acquit and discharge or otherwise sufficiently save and keep harmless the said R. B. his Executors Administrators and Assigns and all his and their Goods Chattels Lands Tenements and Hereditaments and every of them off and from all and singular Bonds and Writings Obligatory whatsoever wherein or whereby the said R. B. at the request and for the debt of me the said I. P. is and standeth bound to any person or persons whatsoever in any sum or sums of money and off and from all manner of Actions Suits Charges Troubles Expences and Demands whatsoever which shall or may in any wise hereafter happen come grow or be to or against the said R. B. his Executors or Administrators or any of them for or by reason or means of the same Obligations or Writings obligatory or any of them or any thing in them or any of them mentioned or contained that then this present Deed or Grant and every thing herein contained shall be utterly void and of none effect any thing herein before specified to the contrary thereof in any wise not withstanding In witness whereof c. A Lease of a House and certain Lands made in consideration of a certain sum of money the Fee-simple being in the Leasor THis Indenture made c. between M. C. of c. Gentleman and A. C. his wife on the one part and T. E. of c. Esq on the other part witnesseth That the said M. C. and A. his wife for and in consideration of the sum of c. of lawful money of England
and A. C. then Wife of the said M. by their Indenture of Lease being dated the c. for the considerations therein mentioned did demise grant and to Farm let unto the said T. E. his Executors Administrators and Assigns all that his Mansion-house with the Rights Members and Appurtenances thereof scituate lying and being in Arlescot in the Parish of N. in the County of N. and all that Close of Pasture commonly called or known by the name of the great Close containing by estimation forty Acres be it more or less and also all that Close of pasture commonly called or known by the name of the middle pasture containing by estimation forty Acres be it more or less and all that Close of Meadow c. all and singular which said Closes and other the premises then or late were in the Tenure or Occupation of the said M. his Assignee or Assignees and are scituate lying and being in Arlescot aforesaid in the said County of N. and also all other Messuages Houses Edifices Buildings Dove-houses Orchards Gardens Tenements Meadows Pastures Feedings Woods Under-woods Commons Waste-ground Moors Marshes Rents Reversions Services Profits Commodities and Hereditaments whatsoever of them the said M. C. and A. C. or either of them scituate lying and being in A. aforesaid and N. or either of them in the said County of N. to Have and to Hold the said Mansion-house Closes of Meadow Pasture and Arable and all and singular other premises with their and every of their appurtenances by the said Indenture of Lease demised or mentioned to be demised and every part and parcel thereof unto the said T. E. his Executors Administrators and Assigns from the Feast of c. then last past before the Date of the same Indenture of Lease unto the full end and term of c. from thence next ensuing and fully to be compleat and ended yielding and paying therefore yearly during the said term unto the said M. C. and A. his wife and to the Heirs and Assigns of the said M. one pepper-corn onely at the Feast of c. if the same shall be lawfully demanded as in and by the same Indenture of Lease amongst divers other Covenants Grants Articles and Agreements therein contained more fully and at large it doth and may appear Now this Indenture further witnesseth the said T. E. for and under the Proviso or Condition hereafter in these presents mentioned and expressed hath granted bargained sold assigned and set over and by these presents doth fully clearly and absolutely grant bargain sell assign and set over unto the said T. C. his Heirs and Assigns all the Estate Right Title Interest Property Possession Term of years Claim and Demand whatsoever which he the said T. E. now hath may might should or in any wise ought to have or claim of in or to the said Mansion-house Closes of Land and other the premises with the appurtenances by the said Indenture of Lease demised and in and to every or any part or parcel thereof by force and vertue of the said recited Indenture of Lease Provided alwayes That if the said T. C. his Heirs Executors Administrators or Assigns or some of them shall not well and truly pay or cause to be paid unto the said T. E. his Executors Administrators or Assigns the sum of c. at or on c. without fraud c. That then this present Indenture and all and every Covenant Grant Article and Agreement therein contained shall be utterly void frustrate and of none effect any thing herein before specified to the contrary thereof in any wise notwithstanding In witness c. An Assignment of a Judgment with a Letter of Atturney therein asserted TO all Christian People to whom this present Writing shall come we I. H. Clerk Parson of c. and O. B. of c. Son and Executor of I. B. late of Gentleman deceased send greeting Whereas there is a Judgment of 400 l. depending in the Court commonly called the Kings Bench at Westminster against E. S. of F. Esq and R. S. of F. aforesaid Gentleman at the suit of me the said I. H. and of the said I. B. deceased as by the Record thereof remaining in the said Court of Kings Bench more at large may appear upon which Judgment there hath been Execution lately prosecuted and taken forth Now know ye That we the said I. H. and O. B. for divers just Causes and valuable Considerations us hereunto especially moving Have granted transferred assigned and set over and by these presents do clearly and absolutely grant transfer assign and set over unto Anthony H. of Lincolns Inn in the County of Middlesex Gentleman his Executors Administrators and Assigns as well the said Judgment of 400 l. aforesaid as also all the Benefit Commodity Sum and Sums of Money profit and advantages whatsoever that now is or hereafter shall be obtained or gotten by reason or means of the same Judgment or of any Execution or Extent thereof or thereupon to be had sued executed or obtained and all the Estate Right Title Interest and Demand whatsoever which we the said I. H. and O. B. or either of us have or ought to have or claim of in and to the said Judgment of 400 l. or any sum of Money Lands Tenements or other things which by vertue thereof or of any Execution Process or proceedings thereupon used shall be recovered obtained or gotten and further we the said I. H. and O. B. do by these presents make ordain constitute authorize and appoint the said A. H. to be our true and lawful Attorney for us and in our names or the names of either of us to sue and prosecute the Execution upon the said Judgment and upon satisfaction given or any other end Composition or Agreement made concerning the premises to 〈◊〉 knowledge satisfaction or to make and do any other Release and Discharge for the same and all and every other act or acts thing or things whatsoever as shall be requisite and needful to be done in and about the premises we covenant promise and grant allow ratifie establish and confirm by these presents And we the said I. S. and O. B. for us and either of us our Executors and Administrators do covenant promise and grant to and with the said A. H. his Executors Administrators and Assigns by these presents in manner and form following That is to say that neither the said I. B. in his life-time nor we the said I. H. and O. B. nor any of us have heretofore made done or committed any Release or other Discharge of the said Judgment or of any Extent or Execution which hath been thereupon sued or executed nor we the said I. H. and O. B. or either of us our Executors or Administrators at any time hereafter shall or will make commit or do any Release or other act or thing whatsoever whereby the said Judgment or any Extent or Execution which hath been thereupon sued or executed or
the appurtenances in N. and A. aforesaid or either of them containing by estimation c. then lately purchased by the said R. R. as in and by the said several Indentures or Deeds indented amongst other things therein contained more at large it doth and may appear in which said several Indentures there is contained a Proviso in these words following that is to say Provided alwayes That if the said R. R. during his natural life shall by his Deed or Deeds of revocation under his hand and seal testified by two witnesses or more revoke annihilate and make void or declare that he doth revoke annihilate and make void all or any the Uses and Estates in and by these presents limited and raised of or upon all or any of the said Mannors Messuages Lands Tenements and Hereditaments whatsoever in the said Fine to be contained and in these presents mentioned that then from and after the ensealing of such Deed or Deeds of revocation such of the said Uses as shall be declared to be revoked shall cease and be utterly void frustrate and of none effect and that then the said Fine of such parcel or parcels to be revoked shall be to the onely use of the said R. R. and his Heirs for ever any thing before in these presents contained to the contrary thereof in any wise notwithstanding as in and by the said Proviso in the said several Indentures mentioned and contained more plainly may appear Now know ye that the said R.R. as well in consideration that the uses and estates of and in the said Mannor Lands Tenements and Hereditaments in the aforesaid Indentures of entail specified may touching the said uses and estates remain and be rovoked and continue to the said R. R. his heirs and assigns to be disposed of at his or their pleasures and also for divers other good and just Causes and Considerations him hereunto especially moving and by vertue of the Proviso contained in the said several Indentures above recited or mentioned or other wise hath revoked annihilated and made void and by this present deed of Revocation doth revoke annihilate and make void the several uses and estates in and by the said Indentures or either of them raised or limited of or upon all the said Mannor of Lingate with the Royalties Rights members and appurtenances thereof whatsoever in N. and A. aforesaid or either of them in the said County of c. and of all the said Lands Tenements and Hereditaments to the said Mannor of Lingate now or of late appertaining or belonging or as part parcel or member thereof heretofore had known or reputed with the appurtenances in N. and A. aforesaid or either of them containing by estimation c. late purchased by the said R. R. of c. And further the said R. R. for the consideration aforesaid and by vertue of the said Proviso contained in the said several Indentures and otherwise hath revoked annihilated and made void and by this present Deed of Revocation doth revoke annihilate and make void the several uses and estates in and by the said Indentures or either of them raised and limited of or upon one Close of Land and Pasture called K. Close containing by estimation c. and of or upon one other Close of Land and Pasture with the appurtenances containing by estimation c. in N. aforesaid and of or upon two acres of arable Land by estimation c. in N. aforesaid now in the occupation of c. or of his Assigns In witness c. A Grant of the Reversion of certain Lands THis Indenture made c. between R. W. of c. of the one part and C. D. of c. of the other part witnesseth That the said R. W. for and in consideration of the sum of c. hath granted bargained and sold and by these presents doth fully clearly and absoluted grant bargain and sell unto the said C. D. his Heirs and Assigns for ever all that his Right Title Use Interest Reversion and Remainder of and in all and singular c. now or late in the Tenure or Occupation of c. which said Messuage and other the premises with the appurtenances he the said R. W. hath should or ought to have by and after the deceasâ— of A. W. Mother of the said R. Which said Messuage or Tenement Barn Orchard c. with the appurtenances R. W. deceased late Father of the said R. W. party to these presents By his last Will and Testament devised willed and bequeathed unto the said A. W. for and during the natural life of the said A. W. and the immediate reversion or remainder thereof to the said R. W. and his Heirs for ever Together with all the Deeds Evidences Charters Escripts Writings and Minuments which he the said R. W. or any other to his use or by his consent or delivery have or hath touching or concerning the said Messuage or Tenement and other the premises or any part or parcel thereof All and singular which said Deeds Evidences Charters c. the said R. W. hath already delivered at and before the ensealing and delivery of these presents To have and to hold the said reversion and remainder and all the Estate Right Title Interest c. of the said R. of in and to the said Messuage or Tenement other the premises with the appurtenances before by these presents granted bargained and sold or meant mentioned or intended to be hereby granted bargained and sold and every part thereof immediately from and after the decease of the said A. W. the Mother unto the said C.D. his Heirs and Assigns for ever to the onely proper use of the said C. D. his Heirs and Assigns for ever And the said R. W. for himself his heirs c. That he the said R. W. at the day of the date of these presents is lawfully and solely seized of and in the reversion and remainder of the said Messuage or Tenement and of other the premises with the appurtenances immediately from and after the decease of the said A. W. of a true and perfect estate of inheritance in the Law in Fee to his own use without any manner of Condition Mortgage or Redemption And further that the said reversion or remainder of the said Messuage or Tenement and of other the premises with the appurtenances from by and after the decease of the said A. W. the Mother and at the day of the date hereof are and be and so at all times from henceforth shall be and continue free clear and clearly acquitted exonerated and discharge and freely save harmless by the said R.W. his Heirs Executors and Administrators of and from all and every former and other Bargains Sales Gifts Grants Leases Statutes-Merchant and of the Staple Recognizances Joyntures Dowers Wills Entails Intrusions Rents-charge Rents-seck Arrerages of Rents and of and from all other Charges Titles Troubles Incumbrances and Demands whatsoever had made committed suffered or done by c. In
same Recognizance c. And whereas also the said I. D. hath extended and to him is delivered in the Execution the Mannor of N. with the appurtenances in the County of c. at the yearly Rent of c. for non-payment of the said sum of c. Now the said I. D. for divers good causes and considerations him hereunto specially moving hath granted assigned and set over and by these presents doth grant assign and set over unto the said VV. D. T. B. G. B. and T. O. all the estate right title interest and demand whatsoever which he the said I. hath by reason of the said extent of in and to the said Mannor of N. with the appurtenances and of in and to every part and parcel thereof and of in and to all singular Messuages Lands Tenements Meadows Leases Pastures Feedings Rents Reversions Services and Hereditaments with the Appurtenances so extended and delivered in execution as aforesaid And the said I. D. for himself c. that he the said I. D. his Executors or Assigns at any time or times hereafter shall not do any act or acts thing or things whereby the said extent and extents or the estate title or interest of the said VV. D. c. or any of them or of the Executors Administrators or Assigns of them or any of them by reason of the said extent may be in any wise hurt hindred impeached discharged undone or made void And further that he the said I. D. his Heirs Executors and Administrators shall and will at the reasonable request costs and charges in the Law of the said VV. D. or any of them do and suffer to be done made and acknowledged all and every such lawful and reasonable act and acts thing and things device and devices in the Law whatsoever for the further assurance surety sure-making and conveying of the premises for and during all the time and term of the said extent and execution unto the said T. B. G. B. and T. O. as by the learned Counsel of them or any of them shall be reasonably devised or advised and required In witness c. An Assignment of a Bond for performance of Covenants TO all Christian People c. I. I. c. sendeth greeting c. VVhereas R. D. of c. by his Obligation bearing date c. became bound unto the said I. I. in the sum of c. conditioned for performance of the Covenants contained in one pair of Indentures of Bargain and Sale of the Inn called K. in C. c. in the c. with certain Lands thereunto belonging which Inn and premises are now by the said I. I. bargained and sold unto M. W. of c. his Heirs and Assigns Now the said I. I. for the better enjoying of the said Inn and other the Lands and Tenements thereunto belonging hath as much as in him is assigned and set over and by these presents doth fully clearly and absolutely assign and set over unto the aforesaid M. VV. his Heirs Executors and Assigns the said recited Obligation and all sum and sums of money therein mentioned and the benefit and advantage thereof to be had or made And the said I. I. for himself c. doth covenant and grant to and with the said M. VV. c. That he said M. VV. his Heirs Executors Administrators and Assigns shall and may in lawful manner at his and their cost and charges in all things from time to time and at all times hereafter sue for levy recover and enjoy all sum and sums of money benefit and advantage whatsoever which shall or may be gotten by vertue force or means of the said recited Obligation in the name of the said I. I. his Executors or Administrators without any manner of non-suit release trouble denial or interruption of the I. I. his Executors or Administrators unless it be by consent of the said M. VV. his Heirs or Assigns in writing first had and obtained And he the said M. VV. for himself c. doth Covenant c. That he the said M. VV. his Executors or Administrators shall and will from time to time and at all times hereafter save and keep harmless the said I. I. his Executors or Administrators and every of them of and from all and all manner of costs and charges to arise by means of any suit upon or by reason of the said Obligation In witness c. A Release of Annuity TO all Christian People c. We N. B. and A. B. of c. send greeting c. Whereas Sir J. B. of c. by his Deed indented bearing date c. for the considerations therein mentioned Recital did give and grant unto W. L. and R. P. of c. one Annuity or yearly Rent of c. to be issuing and going out of all and singular the Mannors Messuages Lands and Tenements called H. and L. within the Parish of c. and out of all the Lands Tenements and Hereditaments with the appurtenances in H. and L. within the said Parish of c. in the said County of c. to have hold receive and enjoy all the said Annuity or yearly Rent of c. to the said W. L. and R. P. their Executors or Assigns for and during the natural life of the said Sir I. B. the said Annuity or yearly Rent of c. to be payable and paid to the said W. and R. their Executors and Assigns during the life of the said Sir I. B. at two Feasts in the year viz. at the Feast of c. at or in the c. as by the same Deed indented thereof made more at large it doth and may appear Sithence which time the said W. L. is dead and the said R. P. him survived And whereas also the said R. P. by his Deed indented bearing date c. for the considerations therein mentioned did demise grant bargain and sell unto the said N. B. his Executors and Assigns the said annuity or yearly rent of c. and every part thereof to have and to hold unto the said N. B. his executors and assigns for and during the term of c. from thenceforth next and immediately ensuing and fully to be compleat and ended if the aforesaid Sir I. B. should so long live as in and by the said Indenture last mentioned more c. Now know ye That we the said N. B. and A. B. for and in consideration of a certain competent sum of lawful money of England to us in hand paid at and before the c. by G. S. and R. G. of c. Esq whereof and wherewith c. have remised released and quit-claimed and by these presents for us and either of us our and either of our executors and assigns and every of us do fully clearly and absolutely remise release and for ever quit-claim unto the said G. S. and R. G. their heirs and assigns and every of them in their or some or one of their full and
c. That he the said H. V. his heirs and assigns shall and will permit and suffer the said A. V. and all and every other person and persons to whom the said Messuages Lands Tenements and other the premises or any part or parcel thereof shall happen to come or of right ought to come by reason of these presents peaceably and quietly to have hold occupy and enjoy all and singular the said Messuages Lands Tenements and Hereditaments before by these presents expressed and mentioned without any manner of let trouble eviction disturbance suit vexation or expulsion of the said H. V. his heirs or assigns or any other person or persons whatsoever lawfully having claiming or pretending to have any Estate or Title from by or under the said H. V. his heirs or assigns according to the intent form and true meaning of these presents In witness whereof c. A Lease of a Fee-Farm and certain Lands with necessary Covenants THis Indenture made c. between C. B. of c on the one part and T. W. of c. on the other part witnesseth That the said C. B. for divers good Causes and Considerations him thereunto especially moving Hath demised granted and to farm-letten and by these presents doth demise c. unto the said T. W. his Executors Administrators and Assigns all that his Messuage Tenement or Farm-house called W. with the appurtenances and all Houses Edifices Buildings Barns Stables Orchards Gardens Lands Tenements Meadows Feedings Pastures Profits and Commodities whatsoever to the said Messuage Tenement or Farm-house now belonging or appertaining and being now in the Tenure or Occupation of the said T. W. or of his Assignee or Assignees situate lying and being in the Parish of c. Except and alwayes reserved unto the said C. B. Exception his Executors and Assigns all and all manner of Woods Under-woods Hedges Rows and Timber-trees now standing growing and being or which hereafter shall stand grow or be in and upon the demised premises or in and upon any part or parcel thereof and also except and alwayes reserved unto the said C. B. his Executors and Assigns by the space and for the term of one whole year next before the end and expiration of the term of seven years and one half-year here-under granted the said Messuage Tenement or Farm-house and one Close or parcel of Ground called W. containing c. be it more or lesse Together with free liberty of ingresse egresse abiding and dwelling into out of from and upon the said Messuage Tenement and Farm-house and one Close called W. by and during the said space and term of c. next before the end and expiration of the said Term of c. Habend To have and to hold the said Messuage Tenement or Farm-house Houses Edefices Buildings Barns Stables Orchards Lands Meadows Feedings Pastures and other the demised premises and every part and parcel thereof except before excepted unto the said T. W. his Executors Administrators and Assigns from the Feast day of c. for and during the term of c. and fully to be compleat and ended Yielding and paying therefore yearly during the said term unto the said C. B. his Executors and Assigns the Rent of c. at four Feasts or Terms in the year most usual that is to say at Re-enter for non-payment c. by even equal portions And if it shall happen the said yearly Rent of c. or any part or parcel thereof to be behind and unpaid by the space of c. next over or after any of the said Feast-days in which the same ought to be paid being lawfully demanded That then and from thenceforth and at all times after it shall and may be lawful to and for the said C. B. his Executors Administrators and Assigns into the said Messuage Tenements or Farm-house Houses Edifices Lands Meadows Pastures and all the demised premises with the appurtenances and into every part and parcel thereof wholly to re-enter and the same to have again re-possess and enjoy as in his or their former estate And the said T. W. his Executors Administrators and Assigns and all other the Tenants and Occupiers of the said demised premises or any part or parcel thereof thereout and from thence utterly to expel amove and put out this Indenture or any thing herein contained to the contrary thereof in any wise notwithstanding And the said T. W. for himself doth covenant For Reparation c. in manner and form following That is to say that he the said T. W. his Executors Administrators and Assigns at his and their own proper Costs and Charges shall and will from time to time and at all times hereafter during the said Term of c. by these presents granted when and as often as need shall require well and sufficiently repair support sustain maintain and amend the said Messuage Tenement or Farm-house and all the Houses Edifices Buildings Barns and Stables thereunto belonging or appertaining with the appurtenances and every part and parcel thereof in by and with all and all manner of needful and necessary reparations whatsoever And also shall and will at all times hereafter and from time to time during the said term at his and their like costs and charges well and sufficiently hedge fence ditch enclose and amend all and singular the Hedges Fences Ditches and Inclosures belonging to the said demised premises in by and with all and all manner of hedging fencing ditching and enclosing when and as often as need shall require during the said term And as well the said Messuage Tenement or Farm-house Houses Edifices Buildings Barns and Stables with the appurtenances and every part and parcel thereof so well and sufficiently repaired As also the Hedges Fences Ditches and Inclosures aforesaid well and sufficiently supported and amended in the end of the said Term or other determination of this present Lease shall leave and yield up into the hands and possession of the said C. B. his Executors Administrators and Assigns And the said T. W. for himself his Executors Administrators and Assigns A Covenant for planting an Orchard doth covenant c. That he the said T. W. his Executors Administrators and Assigns shall permit and suffer the said C.B. and his Assigns to plant and make in and upon some convenient place of the demised premises one Orchard not exceeding the number of two acres of Land with such store of Fruit-Trees and other Trees as the said C. B. or his Assigns shall think meet and the same Orchard and Fruit-Trees so made and planted shall fence preserve and keep so much as in him shall be from spoil and hurt of Cattel and from all other harm and destruction And further that the said T. W. his Executors Administrators and Assigns shall at all times hereafter and from time to time during the said Term of c. find and allow unto G. B. widow A Covenant for finding Meat Drink
digging receiving selling footing and carrying away the said Timber-Trees Woods or Under-woods or the Royalties Priviledges and Freedoms aforesaid To have and to hold the said Towns or Town-lands before mentioned and all other the premises before in or by these presents demised and granted bargained and sold and every part and parcel thereof with their and every of their Appurtenances and the Reversion and Reversions Rents and yearly Profits of the same and of every part and parcel thereof unto the said G. R. his Executors Administrators and Assigns from the Feast-day of All-Saints last past before the date of these presents unto the full end and term of Ninety and nine years from thenceforth next ensuing and fully to be compleat and ended Yielding and paying therefore yearly and for every year during the said term unto the said H. Oniel his Heirs and Assigns the yearly rent or sum of c. of current money of England at the Feasts of Philip and Jacob and All-Saints by even and equal portions as within one and twenty dayes next after any of the said Feasts And if it happen the said yearly Rent to be behind and unpaid in part or in all contrary to the reservation aforesaid and no sufficient distress can or may be found or taken in and upon the said demised premises A demand thereof being by the said Sir H. Oniel his Heirs or Assigns first made That then and from thenceforth it shall and may be lawful to and for the said Sir H. Oniel his Heirs or Assigns or any of them into the said four Towns or Town-lands and all and singular the aforesaid demised premises with the appurtenances or into any part or parcel thereof in the name of the whole to re-enter and the same to claim have again enjoy and re-possess as in his and their first and former estate any thing in these present Indentures contained to the contrary in any wise notwithstanding and the said G. R. A Covenant for new Building Messuages on the demised premises for himself his Heirs Executors Administrators and Assigns and for every of them doth covenant promise and grant to and with the said Sir H. Oniel his Executors Administrators and Assigns and to and with every of them by these presents in manner and form following that is to say That he the said G. R. his Executors c. shall and will within the space of ten years next ensuing the date of these presents at his and their own proper Costs and Charges erect new-build and set up in and upon some convenient part of the premises by these presents demised three Messuages Tenements or Houses fit and convenient for habitation to be so erected of Timber Stone or Brick according to the most usual manner of building now used within the Realm of England and the same being thus built shall from time to time and at all times during the aforesaid term of c. years keep and well maintain in good repair And shall and will likewise from time to time during the said term well and sufficiently repair amend maintain and keep all the Houses Edifices Hedges Ditches Fences and Enclosures in and about the said demised premises or any part thereof in good and sufficient reparations and the said demised premises and every part thereof being so well and sufficiently repaired maintained hedged fenced ditch'd and amended in the end of the said term shall and will quietly leave and yield up unto the said Sir H. O. his Executors Administrators and Assigns And that the said G. R. his Executors Administrators and Assigns and his and their Under-Tenants shall and will from time to time during the said term grind all their several kind of Grain whatsoever that they or any of them A Covenant to pay Heriots shall expend in and upon the said demised premises or any part thereof at the Mill or Mills of him the said H. Oniel And the said G. R. for himself his Executors Administrators and Assigns and for every of them doth further covenant promise and grant to and with the said Sir H. Oniel his Heirs and Assigns and to and with every of them by these presents That he the said G. R. his Executors Administrators or Assigns shall or will well and truly pay or cause to be paid unto the said Sir H. O. his Heirs or Assigns such several and respective Heriots for the said demised premises as are hereafter in these presents mentioned and expressed That is to say upon the death of the said G. R. his Executors or Administrators dying Tenant in possession of the said premises or any part thereof his or their best Beast in the name of one Heriot and upon the decease of every of his or their Lessees Farmor or Under-Tenant of the said premises or any part thereof one half of the value of the price of his or their best Beast in full lieu and satisfaction for the whole Heriot And the said Sir H. Oniel for himself his Heirs Executors and Administrators and for every of them doth covenant promise and grant to and with the said G. R. his Executors Administrators and Assigns and to and with every of them by these presents That it shall and may be lawful to and for the said G. R his Executors Administrators and Assigns and his or their Lessees Farmors and Under-Tenants from time to time and at all times hereafter during the said term to have and take in and upon the said demised premises competent and sufficient House-boot Plough-boot Cart-boot Hedge-boot and Fire-boot to be spent expended and imployed in about and upon the same premises and not else-where And the said Sir H. Oniel for himself his Heirs Executors and Administrators and for every of them doth further covenant promise to and with the said G. R. his Executors Administrators and Assigns and to and with every of them by these presents in manner and form following That is to say That the said Sir H. Oniel is and standeth lawfully seized of and in the said four Towns Town-lands or Townships before-mentioned in these presents and of and in all other the demised premises with their appurtenances of such good perfect and lawful estate of inheritance in Fee-simple as that he the said Sir H. Oniel hath in himself good Right full Power and lawful Authority hereby to demise grant bargain sell and to farm-let the said four Towns or town-Town-lands before mentioned and all other the promises aforesaid with their and every of their appurtenances into the said G. R. his Executors Administrators and Assigns fâ—r such term of years and in such manner and form as is herein before mentioned and expressed And for the further and better securing and confirming of the said four Towns or Town-lands and other the premises with the appurtenances unto the said G. R. his Executors Administrators or Assigns for and during the term aforesaid and in manner and form as is aforesaid according to the true intent and
Heirs of the said V. W. for ever And the true intent and meaning of these presents and of all the Parties hereunto upon the execution of these presents is and the special trust and confidence in them the said A. B. J. P. and J. G. their Executors Administrators and Assigns hereby reposed is hereby declared and agreed to be That if in case the said V. W. shall depart this life having no Issue male of his body upon the body of the said F. lawfully begotten or without leaving the said F. with Child of a Son who hereafter shall be born alive and having at the time of his decease one two or more Daughters of his body on the body of the said F. lawfully begotten then living or if there be one onely Daughter if she be not preferred in Marriage with Eight Thousand pounds portion or if there be two such Daughters and if they be not severally preferred in Marriage with One thousand pounds a piece or if there be three such Daughters if they be not preferred in Marriage with portions of One thousand Marks a piece as is hereafter mentioned Or if the said V. W. leaving the â—nd F. with Child of one or more Daughter or Daughters who sâ—all after be born alive that then the said A. B. J. P. and J. G. the Survivor and Survivors of them his and their Executors Administrators and Assigns out of the Rents Issueâ— and Profits of the said Messuages Cottages Closes Pastures Meadows Tenements Hereditaments and other the premises with the appurtenances so to them limited and appointed for Lives and Years as aforesaid shall raise and levy as soon as conveniently may be found for the portion of such Daughter if there be but one the sum of Two Thousand pounds of lawful c. to be paid to such onely Daughter her Executors and Assigns at her age of Eighteen years or day of Marriage which shall first happen or as soon as the said sum of Two Thousand pounds can be raised And if there shall be two such Daughters the sum of One Thousand pounds a piece Or if there be three Daughters then for the portions of the three Daughters the Sum of One thousand Marks a piece of current c. to be paid to them their Executors and Assigns severally and respectively at their several and respective ages of Eighteen years or dayes of Marriage which shall first happen or as soon as the same can be conveniently raised And upon this further trust and confidence and to the intent and purpose that if it shall happen the said V. W. die leaving one only Daughter or two or three Daughters of his Body on the Body of the said F. begotten then living or afterwards to be born as aforesaid And that the said onely Daughter shall happen to depart this Life before she accomplish her age of Eighteen years or day of Marriage or if there fortune to be two or more Daughters then if both or all the said Daughters die or depart this Life before either or any of them accomplish their several ages of Eighteen years or be married as aforesaid then the said several sums of money intended for the portions and advancements of such Daughter or Daughters as aforesaid or so much thereof as shall be raised or levyed out of the Rents Issues and Profits of all or any the Premises all Charges and Expences being defrayed wherein full and liberal allowance shall be made and given shall be satisfied or paid to such person or persons as the said V. W. his Heirs or Assigns by any writing under his or their Hand subscribed in the presence of two or more credible Witnesses shall limit and appoint And in default of such limitation and appointment to the Executors or Administrators of the said V. W. and his Heirs And upon this further trust and confidence and to the intent and purpose that the said A. B. J. P. and J. G. and the Survivor and Survivors of them his and their Executor and Assigns shall out of the Rents Issues and Profits of the aid Messuages Cottages Lands Tenements Hereditaments â—nd Tremises so to them limited for raising of portions as aforesaid with their and every of their appurtenances levy and pay or cause to be levied and paid to for the maintenance of such Daughter or Daughters as aforesaid if there be but one only Daughter the sum of 50 l. per annum and if there be two or three Daughters the sum of 30 l. per annum a piece until such Daughter or Daughters respectively shall attain to her or their age of Eighteen years or shall be married and her or their portions paid as aforesaid Provided alwayes that it is the true intent and meaning of all the said Parties to these presents That if the said V. W. shall happen to depart this Life without any Issue Female of his Body upon the Body of the said F. begotten or without leaving the said F. with Child of one or more Daughters that shall be after born alive That then the Estate and Estates so limited as aforesaid to the said A. B. J. P. and J. G. for their Lives and after their Deceases to their Executors and Administrators for Sixty years shall cease determine and be utterly void Provided also that from and immediately after such time as the aforesaid A. B. J. P. and J. G. their Executors or Assigns shall or might have limited and raised the said several sums for portions and present maintenance of such Daughter and Daughters as aforesaid that the said Estate for Lives and Years limited to them in trust as aforesaid shall cease determine and be utterly void and the said Messuages Cottages Lands and Tenements and all and singular other the premises so to them limited as aforesaid in trust shall immediately go and be to such person or persons to whom the Rerversions or Remainder of the said Messuages Lands and Premises shall belong and appertain And the said V. W. for himself his Heirs Executors Administrators and Assigns and every of them doth covenant grant and agree to and with the said A. B. J. P. and J. G. their Heirs Executors Administrators and Assigns and to and with every of them by these presents that the said Messuages Cottages Closes Meadows Pastures Tenements and Hereditaments and all and singular other the premises before by these presents 〈◊〉 â—ectively limited and appointed for the Joynture of the said 〈…〉 are and so from time to time and at all times hereafter 〈…〉 notwithstanding any act or default of the said V. W. 〈…〉 Assigns or any of them shall remain continue and be 〈…〉 F. and her Assigns of the clear yearly value of c. over 〈…〉 all Charges and reprizes Provided alwayes and upon 〈…〉 condition and to the further use intent and purpose 〈…〉 said V. W. happen to depart this Life leaving a Son of his Body on the Body of the said F. lawfully begotten and the said F. do him
survive and afterwards to inter-marry with any person or persons whatsoever that then from and immediately after the said Marriage as for and concerning one full fifth part in five parts to be divided of all and singular the said Messuages Lands Tenements and Hereditaments with the Appurtenances before hereby specified to be limited and appointed to and for the Joynture of the said F. aforesaid that the Use and Uses Estate and Estates thereof limited to the said F. shall cease determine and be utterly void and that from thenceforth they the said A. B. J. P. and J. G. and the Survivor and Survivors of them his and their Heirs and Assigns shall stand and be seized of the full fifth part of the said Messuages Lands and Premises from and immediately after the inter-marriage of the said F. to the use and behoof of the said Son of V. W. on the Body of the said F. begotten for and during the term of the natural life of the said F. for her maintenance any thing herein contained to the contrary in any wise notwithstanding Provided also and upon this condition and so it is covenanted granted declared and agreed by and between all and every of the said Parties to these presents and their Heirs and Assigns respectively and it is the true intent and meaning of these presents That it shall and may be lawful to and for the said V. W. at any time hereafter during his natural life from time to time by one or more Indenture or Indentures under his Hand and Seal to lease demise set and to farm-let all and every or any of the said Mannors Messuages Lands Tenements Hereditaments and Premises with the Appurtenances which have been usually set and to farm-letten unto any person or persons whatsoever for the term of three Lives or for any number of years determinable upon one two or three Lives or for the term of One and twenty years or over or under in Possession and not in Reversion so as upon every such Lease and Demise the ancient and accustomed Rent or more or the Rent or the Rents now payable or paid or more over and besides Duties Heriots and Services due and accustomed be thereupon reserved and so as such Rents Duties Heriots and Services upon such Lease and Leases severally reserved shall and may be and continue due and payable unto him her or them respectively and successively unto whom the Reversion and Reversions and Remainder thereof is hereby limited and appointed as aforesaid Provided also and upon this further â—ondition and so it is covenanted and agreed by and between all and every the Parties to these presents That if at any time from and after the death of the said V. W. the said G. W. Son and Heir of the said V. W. or such other person or persons as shall be Heirs at Law of the said V. W. shall and do well and truly satisfie and pay or cause to be satisfied and paid unto the said A. B. J. P. and J. G. and to the Survivor or Survivors of them his and their Heirs Executors Administrators and Assigns if H. A. Son of the said F. be then living the sum of four thousand and five hundred pounds of current c. And if the said H. A. be dead the sum of five thousand pounds of like current money at or in the c. To the end that thereby the said A. B. J. P. and J. G. their Heirs Executors Administrators and Assigns may be thereby enabled to purchase Lands and Tenements of the value of c. or may employ and dispose of the same for the use benefit and advantage of the Issue of the Body of the said F. lawfully begotten or to be begotten or if the said V. W. or the said Heir at Law as aforesaid or any of them shall at their own proper costs and charges settle convey and assure or cause and procure to be conveyed and assured other Lands Tenements and Hereditaments which shall be of the clear yearly value of Two hundred and fifty pounds per annum above all Charges and Reprizes unto the said A. B. J. P. and J. G. their Heirs and Assigns and to the Survivor and Survivors of them his and their Heirs Executors Administrators and Assigns to the like several uses intents and purposes and upon the like trusts and confidences and under the like Conditions Provisoes Powers and Limitations as are hereby formerly limited and appointed excepting onely the said Messuage Lands and Tenements herein and hereby limited to and for the Joynture of the said F. that then and immediately from and after such payment or settlement as aforesaid the several Uses and Estates herein and hereby limited other than the Estate for life limited to the said F. as aforesaid of for or concerning the said Land and Premises for the use and benefit of the Issue of the Body of the said V. W. on the Body of the said F. lawfully begotten or to be begotten and every of them shall cease determine and be utterly void And the said V. W. for himself his Executors Administrators and Assigns doth covenant grant and agree to and with the said A. B. J. P. and J. G. their Heirs and Assigns and to and with every of them by these presents That for or notwithstanding any act or thing whatsoever heretofore done or suffered by the said V. W. his Heirs or Assigns or hereafter by him them or any of therâ— to be done or suffered to the contrary the said V. W. now is and so at the time when the first Estate of the said Mannor Advowson Messuages Lands Tenements and Premises and every part and parcel thereof shall be conveyed and assured to the said A. B. J. P. and J. G. their Heirs and Assigns to the uses aforesaid shall stand and be seized thereof of a good perfect absolute and indefeazible Estate of Inheritance in Fee-simple or Fee-tail without any Reversion or Remainder in the Crown or without any Covenant or use to alter change or determine the same And also that he the said V. W. for and notwithstanding any act or thing whatsoever heretofore done or suffered to the contrary as aforesaid hath and so at the time of the Execution of the said first Estate of the said Mannor Advowson Messuages Lands Tenements and Premises and every part and parcel thereof with their and every of their appurtenances to the said A. B. J P. and J. G. their Heirs and Assigns shall have full power good right and lawful authority to grant convey and assure the said Mannors Messuages Lands Advowsons Tenements and Premises with their and every of their appurtenances to the said A. B. J. P. and J. G. their Heirs and Assigns to the uses intents and purposes aforesaid according to the true intent and meaning of these presents And the said V. W. for himself his Heirs Executors Administrators and Assigns and every of them doth covenant promise grant and agree to and with the
Countess of B. W. Lord M. Sir F. G. and E. W. or any of them their or any of their Heirs Executors Administrators and Assigns or any of them do and shall well and truly pay or cause to be paid unto the J. W. his Executors Administrators or Assigns the sum of c. in or upon the c. at or in the c. between the hours of c. That then this present demise grant bargain and sale shall be utterly void frustrate and of none effect any thing herein before contained to the contrary thereof in any wise notwithstanding For payment of the money And that the said E. Earl of B. the Lady L. Countess of B. W. Lord M. Sir F. G. and E. W. or some of them their or some of their Heirs Executors Administrators or Assigns shall and will well and truly pay or cause to be paid unto the said J. W. his Executors Administrators or Assigns the said sum of c. in or upon the c. at or in the place aforesaid and between the hours of c. according to the true intent and meaning of those presents And further That the said Close Grounds and other the premises before in and by these presents mentioned to be demised granted bargained and sold now are and be and so during the whole term of c. hereby grantted bargained and sold shall be remain and continue of the clear yearly value of c. over and above all Charges and Reprizes For the quiet enjoying of the premises upon default And moreover if default be made in payment of the said sum of c. herein before in the said Proviso mentioned or any part thereof at the day time and place before mentioned and limited for the payments thereof That then the said J. W. his Executors Administrators and Assigns and every of them shall and may from time to time and at all times during the said term of c. peaceably and quietly have hold use occupy possess and enjoy the said Grounds Lands Tenements Hereditaments and all other the premises herein before mentioned to be demised granted bargained or sold with all and singular their and every of their appurtenances and every part thereof without the let suit trouble denial disturbance expulsion or interruption of the said E. Earl of B. the Lady L. c. W. Lord M. Sir F. G. and E. W. and of all and every other person or persons whatsoever and discharged of and from all other Bargains Sales Gifts Grants Leases Statutes Recognizances Extents Judgments and all Charges Estates Titles Troubles and Incumbrances whatsoever had made committed suffered or done or to be had c. by the said E. Earl of B. the Lady L. Countess of c. W. Lord M. Sir F. G. and E. W. or any of them or by any other person or persons whatsoever For further assurance upon default And further that if default be made in payment of the said sum of c. or any part thereof at the day time and place aforesaid that then the said E. Earl of B. the Lady L. Countess of B. W. Lord M. Sir F. G. and E. W. their Heirs Executors Administrators and Assigns and all and every other person or persons lawfully having claiming or pretending to have or claim any manner of estate right title interest claim or demand whatsoever of in or to the said Closes Grounds Hereditaments and Premises or any part thereof shall and will make do suffer and execute or cause and procure to be done made suffered and executed all and every such further lawful and reasonable act and acts thing and things device and devices in the Law whatsoever for the further better and more perfect assurance surety sure-making and conveying of the said Closes Grounds and Premises with the Appurtenances and every part thereof unto the said I. W. his Executors Administrators and Assigns during the said term of Ninety and nine years according to the intent and meaning of these presents as by the said I. VV. his Executors or Assigns or by his or their Council learned in the Law shall be reasonably devised or advised and required And the said VV. Lord M. Sir F. G. and E. VV. for themselves severally and not joyntly nor one of them for each other their several Heirs Executors Administrators and Assigns and for every of them respectively do covenant promise and grant to and with the said I. W. his Executors Administrators and Assigns and every of them by these presents That if default of payment be made of the said sum of c. or any part thereof at the day time and place aforesaid That then the said I. W. his Executors Administrators and Assigns shall and may from time to time and at all times during the said term of c. peaceably and quietly have hold possess and enjoy the said Closes Grounds and other the premises before mentioned to be hereby demised granted bargained or sold without the lawful let suit trouble denial disturbance expulsion eviction or interruption of them the said W. Lord M. Sir F. G. and E. W. severally their and every of their several and respective Heirs and Assigns or any of them or of any other person or persons lawfully claiming in by from or under them or any of them respectively as aforesaid And discharged and clearly acquitted of and from all former Bargains Sales Gifts Grants Statutes Recognizances Extents Judgments and of and from all other Charges Estates Titles Troubles and Incumbrances whatsoever had made committed suffered or done by the said W. Lord M. Sir F. G. and E. W. or any of them respectively their or any of their several Heirs Executors Administrators or Assigns or any other person or persons claiming or to claim in by from or under them or any of them severally and respectively their or any of their several estates act title means consent or procurement In witness whereof the Parties first above-named to these present Indentures have interchangeably set their Hands and Seals Given the day and year first above written Annoque Dom. 1634. A Covenant that after the default of payment the possession of Lands in Mortgage shall be delivered to the Mortgagee and also all Deeds and Writings concerning the same ANd the said A. B. for himself c. That he the said A. B. his Heirs and Assigns shall and will upon reasonable request to him or them to be made after default shall happen to be made of or in any of the payments aforesaid if it shall happen so to fall out deliver or cause to be delivered unto the said C. B. his Heirs and Assigns the quiet and peaceable possession and seizin of all and singular the before bargained premises And shall then also after such default of payment within one moneth then next ensuing deliver and cause to be delivered unto the said C. D. his Heirs and Assigns as well all and singular the Letters-Patents Deeds Evidences Writings
one Messuage and divers parcels of Land Meadow and Pasture to the said Tenement belonging or appertaining lying and being in B. c. found by particular names and quantities and then valued by the said Jurors to be worth c. yearly the moyety of which said Messuages and Premises in B. by particular names and quantities the said Sheriff did then also deliver unto the said T. H. at the rate and apprizement aforesaid To hold to the said T.H. and his Assigns as his Free-hold according to the form of the Statute made on that behalf until the residue of the said Debt of c. should be thereby fully levied as by the said Inquisition more particularly and at large it doth and may appear Which said debt so recovered by the said T.H. and the said Execution thereupon was nevertheless in trust 〈◊〉 the said W. W. party to these presents and was the proper money of the said W. W. assigned to him the said T. H. as part of the Marriage-portion of c. Now witnesseth these presents That the said W. W. and T. H. as well for and in consideration of the sum of c. paid unto the said W. W. as also for divers good Causes and Considerations them thereunto moving have granted assigned and set over and by these presents do grant assign and set over unto the said J. B. all that the said Messuage or Tenement Lands and Premises in C. aforesaid and all the Estate Interest Title and Term of Years yet to come which the said VV. and T. H. hath or either of them hath or have or might have of in or unto the said Messuage Tenement Lands and Premises and every or any part thereof by the said Extent or Inquisition aforesaid or otherwise And also all that the moyety or half-deal or part of the said Messuage or Tenement Lands and Premises in B. aforesaid and all the Estate and Interest which he the said W. W. and T. or either of them have hath or might claim of in or unto the said Messuage Lands and Premises in B. or any part or parcel thereof in as large ample and beneficial manner to all intents and purposes as the said W. W. or T. H. or either of them have hath or might hold claim or enjoy the same c. And the said W. W. and T. H. do severally and not joyntly each one for himself his Executors and Administrators covenant promise and agree to and with the said I. B. his Executors c. that he the said I. B. his c. shall and may from henceforth quietly hold occupy and enjoy all and singular the premises and every part thereof free from any former Grants Charges Assignment and Incumbrances of the premises or any part thereof made by the said W. c. or any claiming from c. And the said I. B. doth likewise by these presents for himself his Executors c. covenant promise and agree to and with the said VV. c. That he the said I. B. his Executors c. shall and will save defend and keep harmless the said VV. VV. and T. H. their Executors c. of and from all manner of Suits Troubles Charges Expences and Sums of Money which the said VV. c. shall be from henceforth at put unto sustain disburse or undergo for or by reason of the said extent or any matter or thing therein contained or that might come to happen to the said VV. c. for or by reason of the Estate which they or either of them had by extent aforesaid or any the premises hereby assigned or by any occasion or reason rising or growing therefrom or by occasion thereof In witness c. A Charter party for a Ships Voyage THis Charter party indented made the c. in the c. between L. K. Master of a Ship or Bark called The Flower-de-luce of P. in the County of D. of the Burthen of one hundred Tuns or thereabouts of the one part and C. W. and B. S. Merchants of c. Witnesseth That the said Master hath demised granted and to fraight-letten and by these presents doth demise grant and to fraight-let unto the said Merchants their Factors and Assigns all that the said Ship or Bark with her Tackling appurtenances and her apparel thereunto belonging or appertaining for and during one whole Voyage with the same Ship to be done and made in manner and form following that is to say the said Master covenanteth granteth and agreeth to and with the said Merchants and every of them That the said Ship or Bark named The Flower-de luce now being pressed and ready within the Port of the said Town of S. shall with the first good Wind and apt Weather as God shall send next after the date hereof make Sail and Sails from thence directly towards and unto the Key of the City of Roan under the Dominion of the French King and there to tarry and abide by the space of c. dayes current during the which space the said Master covenanteth there to receive into the said Ship Ware and other Merchandize such as it shall then best please the said Merchants their Factors or Assigns there to load to a compleat and full loading of the said Ship And the said Merchants and every of them covenant to and with the said Master to load or cause to be loaden there within the said space Wares and such other Merchandizes as it shall then best please the said Merchants or their Factors for their most profit to the compleat and full loading of the Ship as is aforesaid And moreover the said Master covenanteth concordeth bargaineth and agreeth to and with the said Merchants and every of them that the said Ship with her said loading laden in her within the said place shall with the first good Wind and Weather as God shall send next after the said c. dayes be come and past make Sail and Sails from thence directly towards and unto the said Port of the said Town of S. where the said Ship shall with convenient speed after her there arrival be discharged of her said lading of Wares and other Merchandize laden in her as aforesaid and the same out of the said Ship there so discharged shall be delivered unto the said Merchants or the Owners thereof as safely and well-conditioned God sending the said Ship in safety And the said Merchants and every of them covenant to and with the said Master then and there to receive the said loading laden in her as aforesaid and at the right discharge thereof to pay or cause to be paid to the said Master or his Assigns the sum of c. and also to pay during the said Voyage Windage Groundage Pilotage and Loadmanage and all other Arrerages as in English Ships are accustomed And the said Master covenanteth that the said Ship is and during the said Voyage shall be stiffe strong and stanch well and sufficiently victualled rigged and apparelled with sufficient
play whereby his Master may incur any hurt Fornication in the house of his said Master or elsewhere he shall not commit Matrimony he shall not Contract Taverns he shall not frequent with his own proper Goods or any others during the said term without the special licence of his Master he shall not Merchandize from the Service of his said Master day nor night he shall not absent or prolong himself but in all things as a good and saithful Apprentice shall bear and behave himself towards his said Master and Mistress and all his during the term aforesaid And the said R. B. to his said Apprentice the Science or Art which he now useth shall teach and inform or cause to be taught and informed the best way that he may or can and also shall find to his said Apprentice Apparel Meat Drink and Bedding and all other Necessaries meet and convenient for an Apprentice for and during the term aforesaid In witness c. A Bargain and Sale of a Mannor THis Indenture made c. between J. H. of c. and R. B. of c. Esquires on the one part and W. of c. on the other part Witnesseth That whereas T. H. of c. Father of the said I H. by his Writing or Deed indented bearing date the c. in the Sixteenth year of c. for the considerations therein expressed did demise grant and to farm-let unto the said I. H. his said Son c. all those Three-yard-lands with the appurtenances in W. aforesaid being or being accounted to be the ancient Demeasn Lands of the Mannor of W. heretofore purchased by the said T. H. of R. S Esq and also all that his yard or half of Land being in W. aforesaid then lately purchased of one H. H. with all Hades Leyes-Banks Let-grass Commons Profits Wayes Easements Commodities and Appurtenances c. thereunto belonging and all that Dove-house Close and new Orchards in W. aforesaid to the said c. belonging or appertaining or therewith used occupied or enjoyed as in c. except c. To have and to hold the said Three-yard-lands Close Orchard and all other the premises except before excepted unto the said I. H. his Executors and Assigns for and during and unto the full end and term c. from thenceforth next and immediately ensuing if the said T. H. and his Assigns so long live for and under the c. payable as by the said Deed or Writing indented relation being thereunto had more at large it will and may appear And whereas further the said T. H. by one other Writing or Deed indented bearing date c. for and in consideration of the natural love and fatherly affection that he the said T. H. did bear to the said J. H. and to the Children of the said J. H. being his Grand-children and for the setling of the Mannors Lands Tenements and Hereditaments in the said Deed indented expressed in his Name and Blood did in and by the said last mentioned Deed indented covenant and grant for himself and his Heirs to and with the said J. H. and his Heirs that the said T. H. and his Heirs should and would immediately from thenceforth stand and be seized of and in all that the Mannor or reputed Mannor of W. in the County of O. and of and in all that the Capital Messuage of W. in the County of O. wherein the said T. H. then dwelt with all and singular their and every of their Rights Rents Quit-rents Members and Appurtenances whatsoever And of and in all those Three-yard-lands called or known by the name of the Ancient-Demeasn-Lands of the said Mannor and of and in all that yard and half of Land lying in W. aforesaid which the said T. A. had lately purchased as aforesaid is expressed And of and in all and singular Messuages Lands Tenements and Hereditaments of the said T.H. in W. aforesaid the advowson of the C. of W. aforesaid excepted to the use and behoof of the said T. H. for and during his natural life without impeachment of or for any manner of waste and after his decease to the use and behoof of the said J. H. and his heirs for ever as by the said last mentioned Indenture acknowledged and enrolled in his Majesties High and Honourable Court of Chancery more at large it will and may appear By force and vertue of which said recited Indenture of Lease he the said J. H. is in and upon the said premises entred and was and is by force of the said recited Indenture and by force of the Statute made the c. in the c. for the transferring of uses into possession as well of the said term of three-score years as of the said remainder expectant after the death of the said T. H. possessed and seized And he the said J. H. being so of the said premises possessed and seized did afterwards by his Indenture bearing date c. and enrolled in the high Court of Chancery for the consideration therein expressed give grant bargain sell assign set over and confirm unto the said R. B. his Executors c. all singular the before mentioned premises with the appurtenances and every part and parcel thereof as in and by the said last mentioned Indenture whereunto relation being had more fully and at largâ— it doth and may appear Which said Bargain and Sale was and is upon condition that if the said J H. c. should or did pay c. on the c. at or in the c. unto the said R. B. his c. That then the said Indenture of Bargain and Sale to be void as in and by one Indenture made between the said J. H. on the one part and the said R. B. on the other part bearing date c. to which reference being had more at large it doth and may appear Now this Indenture further witnesseth That the said J. H. and R. B. for and in consideration of the sum of c. to them by the said W. P. before the ensealing and delivery of these presents well and truly in hand paid whereof and wherewith the said J. H. and R. B. do acknowledge themselves to be fully satisfied contented and paid and thereof and of every part and parcel thereof c. have granted bargained sold assigned set over and confirmed and by these presents do fully clearly and absolutely grant bargain sell assign set over and confirm unto the said W. P. his c. not onely the said recited Indenture of Lease and all their estate right title interest and term of years therein yet to come and unexpired but also all the said Mannor of W. and Capital Messnage in the said County of O. with the appurtenances Together with the said Three-yard Land called by the name of the ancient Demeasn Lands of the said Mannor And also all that yard and half of Land in W. aforesaid which the said T. H. purchased of the said H.H. as aforesaid And
other the premises above mentioned and with their appurtenances unto the said Sir H. W. his Heirs and Assigns to the uses and behoofs aforesaid against me the said E. I. and my heirs and against my Father I. I. and W. E. my Uncle their and either of their Heirs and Assigns or any other person or persons whatsoever claiming by from or under me them or any of them shall and will warrant and for ever defend by these presents In witness c. A Conveyance in Fee-simple of a House and Land c. THis Indenture made the c. between G. C. of c. on the one part and H. H. of c. and S. his wife on the other part Witnesseth That the said G. C. for and in consideration of the sum of c. to him at and before the ensealing and delivery of these presents well and truly in hand paid by the said H. H. and S. his wife where of and wherewith he the said G. C. doth acknowledge himself c. hath granted aliened bargained sold and confirmed and by these presents doth fully clearly and absolutely grant alien bargain sell and confirm unto the said H. H. and S. his wife all that Messuage or Tenement scituate or being in T. in the County of S. now in the Tenure or Occupation of the said G. C. or of his Assignee or Assignees and three acres of Land or thereabouts lying on the Backside of the said house be it more or less and all Barns Stables Orchards Gardens Buildings and other hereditaments to the same belonging or appertaining or with the said House or Tenement commonly used occupied or enjoyed or which are accepted reputed or taken to be part parcel or member of the same and now in the Tenure or Occupation of him the aforesaid G. C. his Assignee or Assignees with all Commons and Common of Pasture whatsoever to the same belonging and also of those two Cottages or Tenements in T. aforesaid standing together adjoyning to the said Messuage or Tenement and one parcel of Ground adjoyning to the said Cottages which said Cottages and parcel of Ground last mentioned do contain by estimation on the side towards the Kings High-street Twenty yards of Ground or thereabours and on that side towards the Garden now or late of the said G. C. thirteen yards of Ground or thereabouts and now are in the several Tenures and Occupation of M. J. and F. L. and the Reversion and Reversions Remainder and Remainders Rents and yearly Profits whatsoever of all and singular the said premises to every part and parcel thereof together with all and singular Deeds Evidences and Writings touching or concerning onely the premises or any part thereof To have and to hold the said Messuage or Tenement and the said three Acres of Land and the said two Cottages or Tenements and the said parcel of Land adjoyning to the said Cottages and other the premises with their appurtenances before by these presents bargained and sold or mentioned or intended to be thereby granted aliened bargained sold and confirmed and every part and parcel thereof unto the said H. H. and S. his wife and to the Heirs and Assigns of the said H. H. to the onely proper use and behoof of the said H. H. and S. his wife and the Heirs and Assigns of the said H. H. for ever and the said G. C. for himself c. that he the said H. H. for and notwithstanding any act done by him the said G. C. to the contrary at the time of the ensealing and delivery of these presents is and standeth lawfully and rightfully seized in his Demeasn as of Fee-simple in his own Right and to his own right Use without any condition limitation or other use or or trust to alter change or determine the same Estate of and in the said Messuages Lands Tenements Cottages and Premises before mentioned to be hereby granted bargained and sold and of and in every part and parcel thereof and that the said G. C. for and notwithstanding any act done by him to the contrary now hath and at the time of the first Estate to be had and executed to the said H. H. and S. according to the intent and true meaning of these presents shall have full Power just Right and lawful Authority to grant bargain and sell the same and every part and parcel thereof with the appurtenances unto the said H. H. and S. and the Heirs and Assigns of the said H. H. in manner and form as is before in these presents expressed and that the same Messuages or Tenements Lands Cottages and Premises and every part and parcel thereof with the appurtenances shall from henceforth for ever remain and continue unto the said H. H. and S. his wife and to the Heirs and Assigns of the said H. H. freely and clearly acquitâ—ed exonerated and discharged of and from all and all manner of former Bargains Sales Gifâ—â— Grants Dowers Joyntures Leases Rents Charges Rent-seck Arterages of Rents Annuities Uses Entails Statutes-Merchant and of the Staple Judgments Forfeitures Executions Intrusions and Incumbrances whatsoever and of and from all other Charges Titles Troubles and Incumbrances whatsoever had made committed or wittingly or willingly suffered or done by the said G. C. or by any other person or persons whatsoever lawfully claiming by from or under him the said G. C. or by his means assent privity or procurement the Rent and Services from henceforth to grow due to the chief Lord or Lords of the Fee or Fees of the premises for and in respect of his or their Seigniory or Seigniories onely excepted and foreprized And further that he the said G. C. and his Heirs and Assigns shall and will at all time and times hereafter within the space of five years next ensuing the date of these presents upon the reasonable request and at the Costs and Charges in the Law of the said H. H. and S. his wife or of the Heirs and Assigns of the said H. H. make suffer do knowledge and execute or cause to be made done knowledged suffered and executed all and every such further lawful and reasonable act and acts thing and things device and devices conveyances and assurances in the Law whatsoever for the further more perfect and better assuring and sure-making of the premises before mentioned to be hereby bargain'd and sold and of every part and parcel thereof unto the said H. H. and S. his wife and to the Heirs and Assigns of the said H. H. for ever Be it by Fine or Fines Feoffment or Feoffments Recovery or Recoveries with single or double Voucher or Vouchers Deed or Deeds inrolled or not inrolled the entolment of these presents release confirmation with warranty of the said G. C. and his Heirs onely against him the said G. C. and his Heirs or otherwise without warranty or by all every or any of the said wayes or means or by any other wayes or means which by the said H. H. c. or his
to take receive retain and keep as to him the same shall be delivered by the Sheriff of the same County of c. according to the tenor purport and effect of His Majesties Writ of Extent unto the said Sheriff in that behalf directed Giving and granting by virtue of these present unto my said Attorney my full power and authority and all and every thing and things needful necessary or requisite to be had made or done for or concerning the said possession taking or the retaining of the same to my use as aforesaid the same for me in my stead and name to do use execute and exercise as fully and wholly and in as large and ample manner and form and to all intents and purposes as I my self might and could do if I weâ—â— personally present ratifying allowing and holding firm and stable all and whatsoever my said Attorney shall lawfully do or cause tâ— be done in or about the execution of the premises by vertue of these presents In witness c. A Covenant for the levying of a Fine ANd the said C. D. for himself his Executors c. and for every of them doth covenant and grant to and with the said W. G. and F. W. their Executors Administrators c. That the said C. D. or his Heirs shall and will at and before the c. at the proper Costs and Charges in the Law of the said C. D. his Heirs c. according to the usual course of Fines and Recoveries us'd and accustom'd levy one lawful and sufficient Fine and suâ—er a lawful and sufficient recovery to be had and made against him the said C. D. and his Heirs unto the said W. C. and F. W. and their Heirs or the Survivor of them or to such other person or persons as they the said W. and P. or the Survivor of them or their Heirs shall nominate and appoint of all that Messuage c. naming the Lands with all and singular their appurtenances scituate and being in C. aforesaid in the County of B. which said Fine or Fines Recovery or Recoveries and all other Assurances and Conveyances to be had made levied acknowledged and executed of the premises or any part thereof by the name or names aforesaid or by any other name or names or in any other manner or form shall be and the said W. C. and F. W. and their Heirs and all and every other person and persons and the Survivor of them and their Heirs to whom the said Fine shall be levied or acknowledged as aforesaid shall stand and be seized of all and singular the premises and every part thereof to the onely proper use and behoof of the said W. and F. and their Heirs for ever to the intent a lawful and sufficient recovery may be had of all and singular the premises and of every part and parcel thereof according to the true intent and meaning of these presents which said recoveries shall be and shall be alwayes deemed adjudged and taken to be to the onely use and behoof of the said W. C. and F. W. and of the Heirs males of their Bodies to be begotten and for default of such Issue then to the use and behoof of the said W. C. and of his Heirs and Assigns for ever In witness c. A Covenant to Surrender a Copy-hold at the next Court. ANd the said c. for himself his c. doth covenant and grant to and with the said c. his c. that at the next Court holden at the Mannor of E. in the County of W. the said R. I. and his wife shall come and personally appear in the Face of the said Court of the said Mannor and in the open Face of the said Court according to the usual Custom of the said Mannor shall into the Hands of the Stewards of the said Court or his Deputy surrender assign and yield up to the use of the said T. his Heirs Executors Administrators and Assigns all that the right estate title interest and demand which they now have or by any means may have of and in the said Copy-hold Land and Tenements with the appurtenances called known by the said name or names of c. or any other Lands Tenements or Hereditaments which are claimed to be holden by him the said R. I. by Copy of Court-roll of the said Mannor of W. or to the same or to any part or parcel of the same belonging or so reputed esteemed or taken c. A Covenant for a further Assurance ANd the said L. M. for himself his c. That he the said L M. and A. his now wife and the Heirs of the said L. and all and every other person and persons whatsoever having or claiming or which shall or may have or claim or pretend to have any manner of right title interest or other thing into or out of the before mentioned premises or any part or parcel thereof from or under the said L. M. shall and will from time to time and at all times hereafter upon every reasonable request and at the Costs and Charges in the Law of the said c. his Heirs and Assigns make do suffer acknowledge and execute or cause to be made done acknowledged suffered and executed all and every such further lawful act or acts thing and things device and devices conveyances and assurances in the Law whatsoever for the further better and more perfect assurance surety sure-making and conveying of all and singular the said Messuages Lands Tenements and Hereditaments and all other the premises aforesaid and every part and parcel thereof unto the said L. B. his Heirs and Assigns for ever be it by Fine or Fines with Proclamation Recovery or Recoveries with double or single Voucher or Vouchers Deed or Deeds enrolled or not enrolled the enrolment of these presents release confirmation with warranty against all and every person or persons or without warranty or by all any or as mady of the wayes means and devices aforesaid or by any other wayes or means whatsoever as by the Council learned in the Law of the said J. B. his c. shall or may be devised or required so as the said J. M. and A. his wife their Executors c. be not enforced or compelled to travell above twelve Miles from his or their dwelling place or the Cities of London and Westminster for the making doing and executing thereof c. A Covenant that he is lawfully seized in Fee-simple or Fee-tail and hath power to demise ANd the said G. H. for himself c. that he the said G. H. at the time of the ensealing and delivery of these presents is and standeth lawfully seized of an indefeizable estate of Inheritance in Fee-simple or Fee-tail of and in all and singular the before demised premises with the appurtenances and every part and parcel thereof without any manner of condition or limitation of use or uses to alter or change the same And also that he the
T. W. his Executors or Assigns do and shall find Diet and Victuals for the said I. B. c. for so long time after the end of the said terms as they shall have been absent as aforesaid according to the true meaning of these presents That then c. A Condition to repay all such Charges as the Tenant shall be at by reason of the payment of his Rent there being controversie concerning the Title of the House THe Condition c. That whereas there is a Controversie or question between the above-bound E. H. and others touching their several right or interest in the now dwelling House of the above-named T. T. scituated c. And whereas upon an agreement between the said E. H. and T. T. the said T. T. is câ—ontented to pay the Rent of the said House it being 50 l. per annum unto the said B. H. as the same shall grow due according to his Lease If therefore the said E. H. his c. do and shall well and truly pay or cause to be paid unto the said E. T. his Executors or Assigns all such Rent sum or sums of Money Charges and Damages whatsoever as shall by due proceeding in Law be adjudged or decreed against him the said T. T. his Executors c. and all other Costs and Damages whatsoever which he the said T. T. shall sustain or be at by reason of any Actions Suits or Forfeitures whatsoever which shall or may happen or be unto the said T. T. his Executors Administrators or Assigns by reason or means of the payment of the said Rent or any part thereof unto the said E. H. his Executors Administrators or Assigns That then c. A Condition to discharge the Church-Wardens and Parishioners of a Child born in the Parish THe Condition c. That whereas one M. H. hath of late been delivered of a Man-child within the Parish of c. within written to the which Child the within-bound E. G. by his own voluntary confession doth acknowledge himself to be the Father If therefore the said E. G. his Heirs Executors or Assigns or every or any of them do from time to time and at all times hereafter full and clearly acquit discharge and save harmless as well the within-named J. B. and H. T. Church-wardens of the Parish-Church of c. aforesaid and their Successors for the time being and every of them as also all the Inhabitants and Parishioners of the said Parish which now are or hereafter shall be for the time being and every of them of and from all and all manner of Costs Charges and Expences whatsoever which shall or may in any manner of wise at any time hereafter arise happen come grow or be imposed upon them or any of them for or by reason or means of the Birth Education nourishing and bringing up of the said Child And of and from all other Actions Suits Charges Troubles Impeachments and Demands whatsoever touching and concerning the same That then c. A Condition for the surrender of Copy-hold Lands and to cause him to be admitted Tenant THe Condition c. That if the within-bounden J. K. and his Heirs do and shall at the next Court to be holden for or within the Mannor of H. in the County of E. sufficiently and in due form of Law surrender and yield up unto or for the use and behoof of the within-named L. M. his Heirs and Assigns or of such other person or persons and their Heirs and Assigns as the said L. M. shall nominate and appoint All that his Copy-hold Messuage or Tenement and Lands thereunto belonging containing by estimation sixteen Acres be it more or less now or late in the Tenure or Occupation of N. O. or of his Assigns parcel of the Mannor of H. aforesaid with all and singular Out-houses Easements Commodities and Appurtenances to the same appertaining clearly acquitted and discharged of all Dowers and titles of Dower whatsoever and do then and there also procure and cause the said L. M. or such other person or persons by him to be nominated as aforesaid to be only and lawfully admitted Tenant of the same premises so to be surrendred according to the custom of the said Mannor That then this c. A Condition for quiet enjoying a Mannor according to an Assignment thereof THe Condition c. That if the within-named R. J. his c. and every of them shall or may lawfully peaceably and quietly have hold occupy and enjoy the Mannor of S. with the appurtenances in the County of O. with all Lands Tenements Profits Priviledges Rents Court-leet and Advowson Woods Under-woods and all other Hereditaments thereunto belonging or appertaining without the let trouble suit eviction disturbance or contradiction of the within-bounden W. G. L. G. and M. G. or any of them their or any of their Heirs Executors Administrators or Assigns or any of them or any other person or persons whatsoever having claiming or pretending to have any manner of Right Title Interest Property Claim or Demand of in or to the said Mannor and Premises aforesaid or of in and to any part or parcel thereof by from or under the said W. G. M. G. and L. G. or either or any of them according to the tenour purport effect and true meaning of one Indenture of assignment bearing date the c. made and sealed by the said W. G. unto the said R. J. of the premises aforesaid as by the said Indenture may appear That then c. A Condition for assurance of Lands THe Condition c. That if the within-bounden W. B. shall upon reasonable request to him to be made by the within-named T. H. his Heirs or Assigns on this side and before the Feast-day of c. next ensuing the date within-written convey and assure unto the said T. H. his Executors and Assigns for ever one Close of Pasture containing by estimation one Acre abutting upon F. towards c. one other Close c. all which premises are scituate lying and being in the Parishes Towns and Fields of W. and G. or in some or one of them in the County of B. by such Conveyances and Assurances in the Law as by the said T. H. his Heirs and Assigns or by his or their Council learned in the Law shall be reasonably devised or advised and required discharged of all Incumbrances whatsoever the chief Rents and Services thereof due and payable to the chief Lord or Lords of the Fee or Fees of the premises only excepted And also if the said W. B. his c. and every of them do and shall until the said conveyance and assurance shall be made and passed as aforesaid quietly permit and suffer the said T. H. his Heirs and Assigns to have receive perceive and take to his and their own proper uses and behoofs the Rents Issues and Profits of all and singular the premises and of every part and parcel thereof without any manner of let suit trouble
name of T. B. of c. given and bequeathed of which said sum of c. by me received as aforesaid I acknowledge my self fully satisfied and paid and thereof and of every part and parcel thereof do clearly acquit exonerate and discharge the said T. W. her Executors and Administrators and every of them by these presents In witness whereof I have hereunto set my Hand and Seal c. A Release of Lands TO all Christian people c. Know ye That A. B. of c. for divers good Causes and Considerations him moving hath remised released and for ever quit-claimed and by these presents for himself and his Heirs doth fully clearly and absolutely remise release and for ever quit-claim unto C. D. of c. in his full and peaceably possession and seizin and to his Heirs and Assigns for ever all such Right Estate Title Interest and Demand whatsoever as he the said A. B. had or ought to have of in or to all c. that the Mannor of c. and c. by any wayes or means whatsoever To have and to hold all the said Mannor c. unto the said C. D. his Heirs and Assigns to the onely use and behoof of the said C. D. his Heirs and Assigns for ever so that neither he the said A. B. nor his Heirs nor any other person or persons for him or them or in his or their names or in the name right or stead of any of them shall or will by any way or means hereafter have claim challenge or demand any Estate Right Title or Interest of in or to the premises or any part or parcel thereof But from all and every Action Right Estate Title Interest and Demand of in or to the premises or any part or parcel thereof they and every of them shall be utterly excluded and barred for ever by these presents And also the said A. and his Heirs the said Mannor Messuages Lands Tenements and other the premises with the appurtenances to the said C. D. his Heirs and Assigns to his and their own proper use and uses in manner and form afore-specified against their Heirs and Assigns and every of them shall warrant and for ever defend by these presents In witness c. A Release of Lands with a Covenant to lead to the use of a Fine TO all Christian people c. I E. F. of c. send greeting Know ye That I the said E. F. for good and valuable Considerations me moving have given granted remised released and quit-claimed and by these presents do for me and my Heirs grant remise release and for ever quit-claim unto T. M. of c. in his full peaceable and quiet possession and seisin being and to his Heirs and Assigns for ever all the Estate Right Title Interest Use Claim and Demand whatsoever which I the said E. F. now have or had or which my Heirs Executors or Administrators at any time hereafter shall or may have or claim of in or to all the Messuage Tenement or Farm called c. in the said County of c. or of and into all and every or any part or parcel thereof by force and vertue of any Fine or other assurance thereof or any part thereof acknowledged or made by the said T. M. and G. his wife to me the said E. F. And I the said E. F. do covenant and grant for me my Heirs Executors and Administrators to and with the said T. M. his Heirs Executors and Assigns that all Fines and other assurances whatsoever heretofore acknowledged or levied of the premises or any part thereof by the said T. M. and G. his wife to me the said E. F. shall be for ever hereafter and shall inure to the use of the said T. M. and of the Heirs and Assigns of the said T. M. for ever and I the said E. F. and my Heirs and all and singular the premises unto the said T. M. and his Heirs to the use aforesaid against me and my Heirs c. shall and will warrant and defend for ever by these presents In witness whereof c. A Revocation of uses BE it known c. That J. T. of c. do by this my present writing sealed with my Seal and subscribed with my name in the presence of H. S. T. O. C. B. three credible witnesses whose Names are subscribed revoke determine and make void and frustrate all and every the Uses and Estates mentioned raised created limited and made in and by one Indenture of Lease bearing date the c. in the year of the Reign of c. made between me the said T. C. of the one party and J. B. of c. of the other party of and for the house and site and all other the Lands Tenements and Hereditaments with their appurtenances in the said Indenture mentioned and of and for every part and parcel thereof And I do by these presents absolutely limit determine and appoint that all and singular the Feoffees Parties and Persons in the said Indenture mentioned and their Heirs and Assigns shall immediately and from henceforth stand and be seised of the Site House Messuages Lands Tenements and Hereditaments in the said Indenture mentioned and of and in every part and parcel thereof to the onely use and behoof of me the said T. C. my Heirs and Assigns for ever in a pure and absolute estate in Fee-simple and to none other use intent or purpose In witness whereof I the said T. C. have to this my present writing put my Hand and Seal and subscribed my Name in the presence of the said H. S. T. O. C. B. three credible witnesses whose names are likewise subscribed the c. in the year of the Reign c. A Defeazance upon a Statute THis Indenture made the c. between J. J. of c. of the one part and W. G. of c. of the other part Witnesseth That whereas the said W. G. by his Recognizance in the nature of a Statute-Staple bearing date with these presents taken and acknowledged before Sir J. L. Knight and Baronet Lord Chief Justice of His Majesties Court of Kings Bench Westminster is and standeth bound unto the said J. J. in the sum of c. payable as in the said recited Recognizance or Statute-Staple may appear Nevertheless the said J. L. is contented and pleased and doth for himself his Executors or Administrators covenant promise and agree to and with the said W. G. his Heirs Executors and Administrators by these presents that if the said W. G. his Heirs Executors Administrators or Assigns or any of them do well and truly content and pay or cause to be paid unto the said J J. his Executors Administrators or Assigns the full sum of c. on the c. next ensuing the date of these presents at or in the c. That then the said recited Recognizance or Statute-Staple of c. shall be utterly void and of none effect or else shall
c. And I the said A. B. for my self my Executors Administrators and Assigns do covenant and grant to and with the said C. D. his Executors Administrators and Assigns by these presents That if default be made of or in payment of the said sum or any part thereof contrary to the form aforesaid That then I the said A. B. my Executors and Administrators and every of us shall and will warrant and for ever defend the said several parcels and every of them unto the said C. D. his Executors and Assigns against all men by these presents In witness c. A Bargain and Sale of Houshold-stuff BE it known unto all men by these presents That I T. N. of c. for and in consideration of the sum of 25 l. of c. to me in hand paid at the ensealing and delivery of these presents by A. R. of c. whereof I acknowledge my self fully satisfied and paid and thereof and of every part and parcel thereof do clearly acquit exonerate and discharge the said A. his Executors Administrators and Assigns by these presents have granted bargained and sold and by these presents do fully clearly and absolutely grant bargain sell and deliver unto the said A. R. all such Goods and Houshold-stuff and Implements of Houshold and all other things mentioned and contained in a Schedule hereunto annexed now remaining and being in one Messuage House or Tenement and the Garden and Yard thereunto belonging called Dales situate lying and being in Hammersmith in the County of Middlesex and now in the Tenure or Occupation of the said T. N. or of his Assigns To have and to hold all and singular the said Goods Housholdstuff and Implements of Houshold and every of them before by these presents bargained and sold or mentioned to be bargained and sold unto the said A. R. his Executors Administrators and Assigns for ever to do and dispose of them and every of them at his and their will and pleasure And the said T. N. for himself his Executors Administrators and Administrators doth covenant promise and grant to and with the said A. R. his Executors Administrators and Assigns by these presents that he the said T. N. his Executors Administrators and Assigns and every of them all and singular the said Goods Utensils Implements of Houshold and Housholdstuff before bargained and sold and every of them unto the said A. R. his Executors Administrators and Assigns against all and every other person and persons whatsoever shall warrant and for ever defend by these presents In witness c. A Bargain and Sale of Leases and Goods on Condition to pay Debts and Legacies BE it known unto all men by these presents That I A. T. of c. Have given granted bargained sold and by this my present Deed do give grant bargain and sell unto R. T. my Son all my Leases or Lands held by Lease for years and all my Goods and Chattels both real and personal both moveable and unmoveable quick and dead of what kind soever they be of and in whose Hands Custody or Possession soever they be To have and to hold to the said R. and his Assigns for ever to his and their own proper use and behoof for evermore upon condition following that is to say that the said R. shall well and truly content and pay or cause to be contented and paid all my Debts whatsoever and also shall pay and perform or cause to be performed and paid all my Gifts and Legacies which I the said A. T. shall ordain and appoint by my last Will and Testament In witnesâ— c. The form of an Award TO all Christian people to whom this present Writing of Award indented shall come G. M. of c. sendeth greeting in our Lord God everlasting Whereas divers Questions Controversies and Suits have been had moved and depending between J. P. of c. of the one party and R. H. of c. of the other party as well for and concerning the interest and profits of the Rectory and Parsonage of c. as also for other causes and actions for the appeasing whereof either of the said Parties have elected and chosen me the said G. M. to be Arbitrator indifferently between them and to that end have bound themselves either to other by Obligation in the sum of 100 l. to stand to and abide the Award Arbitrement and Judgment of me the said G. M. touching the premises Now know ye That I the said G. M. taking upon me the charge of the said Award and minding that a final end and agreement shall be had and continued from henceforth between the said Parties touching the premises do make and declare this my Award in manner and form following That is to say First I award c. A Protection in time of Parliament FOrasmuch as I have special Occasions to imploy the Bearer hereof A. B. my Servant in and about my Service and Occasions during this present Session of Parliament These are therefore to will and require you to forbear to arrest attach or imprison him the said A. B. but to permit and suffer him peaceably and quietly to go about his business at his will and pleasure during all this present time of Parliament without any your suit arrest or disturbance as you will answer the contrary at your peril Given under my Hand and Seal the c. A Surrender of Copy-hold Land by way of Mortgage MEmorandum That the day and year above-written E. L. of c. did out of Court by the hand of R. G. and J. F. two of the customary Tenants of the said Mannor Surrender by the Rod into the Hands of the Lord of the said Mannor two parcels of Land with the appurtenances containing by estimation seven acres or thereabouts one parcel whereof lieth in Hammersmith within the aforesaid Parishes of c. Between the Lands of G. L. and R. M. Esq on the East and the Lands of G. M. Gentleman on the Weft the Common Sewer on the North and the Lands of W. H. on the South and the other parcel of Land containing by estimation four acres being in c. between the Land of the Bishop of c. on the West the Glebe-lands belonging to the Parsonage of c. on the East the Lands of c. on the North and the Lands of the said E. P. on the South To the only use and behoof of J. P. his Heirs and Assigns for ever To have and to hold the said parcels of Land and every of them with their and every of their appurtenances unto the said J. P. his Heirs and Assigns for ever according to the custom of the said Mannor Provided alwayes nevertheless and upon this condition That if the said E. L. his Heirs or Assigns do well and truly content and pay or cause to be paid unto the said J. P. his Executors Administrators or Assigns the full sum of one hundred thirty and four pounds of lawful money
Court of Common-Pleas at Westminster acknowledge and levy one Fine Sur conusans de droit comme ceo ont de ils done c. unto the said R. P. his Heirs c. with Proclamation according to the Laws and Statutes of this Realm in that behalf provided of all those Messuages Lands Tenements and Hereditaments with the appurtenances lying and being in P. in the County of E. which by one Deed indented bearing date with these presents are mentioned to be bargained and sold by the said G. S. to the said R. P. his Heirs c. and every part and parcel thereof to the only use and behoof of the said R.P. and of his Heirs and Assigns for ever according to the true intent and meaning of the same Deed as by the said R. P. his Heirs or Assigns or by his or their Council learned in the Law shall be reasonably devised and required That then c. A Condition to deliver an Obligation by a day THe Condition c. That whereas the within-named T. M. by his Obligation bearing date c. and standeth bound unto the within-bounden P. F. in the sum of 100 l. with Condition c. as by the same Obligation may appear if therefore the said P. F. his Executors Administrators or Assigns do or shall on or before the c. next ensuing the date within-written deliver or cause to be delivered unto the said T. M. his Executors Administrators or Assigns the said recited Obligation cancelled or to be cancelled That then c. A Condition to pay Money during life THe Condition c. that if c. W. W. his Executors Administrators or Assigns or any of them do or shall yearly for during the natural life of A. W. of c. well and truly pay of cause to be paid unto the within-named W. M. his Executors Administrators or Assigns for and towards the maintenance of the said A. the sum of c. at or in c. on four dayes in every year That is to say on the c. by even and equal portions the first payment thereof to be made and begin on the c. next ensuing the date within-written he the said W. W. his Executors Administrators or Assigns every such payment sealing and delivering to the said W.W. his Executors Administrators or Assigns to his and their use a sufficient acquittance and discharge in writing under his Hand and Seal of the money so paid and so from time to time received That then this c. A Condition to assign over a Lease by a day THe Condition c. that if c. J. W. in consideration of 300 l. to him in hand paid by the within-named P. C. do and shall on this side and before c. next ensuing the date within-written at the Costs and Charges in the Law of the said P. C. his Executors Administrators or Assigns by good conveyance and assurance in the Law grant convey and assure unto such person and persons as the said P. C. shall nominate and appoint as well one Indenture of Lease made by and from A. B. to the said J. W. bearing date c. and all Lands Tenements and Hereditaments therein and thereby demised and granted as also all the Estate Right Title Interest Rent Reversion Property Claim and Demand whatsoever of him the said J. W. of in or to the premises clearly discharged of all Incumbrances whatsoever done or to be done by the said J. W. or any by his means consent or procurement except one Lease heretofore made by the said J. W. to one T. T. of the premises whereupon the yearly Rent of 100 l. is reserved which said yearly Rent shall or may from henceforth be paid to the said P. C. or such person or persons as he shall name or appoint during the continuance of the said Lease and if the said J. W. do and shall permit and suffer the said P. C. and his assigns from time to time and at all times hereafter to have receive and take the Rents Issues and Profits of the premises without the let or denial of the said J. W. or his Executors That then c. A Condition for quiet enjoying of a Messuage THe Condition c. that if the within-named J. M. his Heirs and Assigns and every of them shall and may for ever from henceforth peaceably and quietly have hold use occupy possess and enjoy all that Messuage or Tenements and Lands scituate lying and being in c. and every part and parcel thereof mentioned to be bargained and sold by the within bound R. W. to the said J. M. in and by a certain Indenture of Bargain and Sale bearing date the day of the date within-written made between the within bound R. W. and A. his wife on the one part and the above-named J. M. on the other part clearly discharged or otherwise sufficiently saved and kept harmless of and from all and all manner of Estates Titles Troubles Charges and Incumbrances whatsoever or any time heretofore had made committed permitted suffered or done by the said R. W. and A. his wife or either of them or by his or their means or procurement That then c. A Condition not to do any act to prejudice the Estate of the Obligee in a Lease c. THe Condition c. That if the within-bound R. R hath not done nor that he his Executors or Administrators at any time hereafter shall wittingly or willingly do or assent unto any manner of act or acts device or devices whereby or by reason whereof the interest estate and term of years which the within-named H. B. hath of in or to any the Messuages Lands Grounds Tenements or Hereditaments called c. or any part or parcel thereof is or shall be alienated bargained sold assigned determined avoided or incumbred or whereby one Obligation or Deed obligatory bearing date the c. last past before the date within-written is or shall be discharged released and made void or lose any manner of force or strength except it be by and with the assent consent and agreement of the within-named H. B. his Executors or Administrators wherein one R. A. Citizen c. standeth bound to the said R. R. in the sum of c. with a certain condition thereupon endorsed touching the Messuages Lands and Tenements called c. as by the same may appear That then c. A Condition to pay Rent during a Lease parol and at the end to depart leaving the Goods and Houshold-stuff mentioned c. THe Condition c. That whereas the above-named T. L. hath by Lease parol set and to farm-let to the above-bound T. D. all that Capital Messuage c. for the term of c. to be reckoned and accounted from the c. at and for the yearly Rent of c. of lawful c. payable in form following that is to say on the c. If therefore the said T. D. his Executors Administrators Under-Tenants
and every of them doth covenant promise and grant to and with the said A. B. and J. G. and either of them and the Executors c. of them and either of them by these presents that he the said R. L. his Heirs and Assigns shall and will from and after the Feast of Saint Bartholomew the Apostle and from and after the said Marriage so had and solemnized stand and be seized of and in all that the Site or Seat of the Rectory or Parsonage of East-Church and of and in all Houses and Buildings thereupon built standing or being And of and in one Field or Close of Pasture with the appurtenances thereunto adjoyning containing together with the said Scite of the said Rectory by estimation forty acres be it more or less And of and in a parcel of Ground called Harleys Spring containing by estimation one acre c. And of and in one Meadow containing by estimation forty acres be it more or less And of and in one piece of Ground called Reeds Meadow containing by estimation nine and twenty acres be it more or less And of and in one Field called Frogs-Field containing by estimation two and fifty acres be it more or less And of and in one parcel of Land called Parsonage Hill-field containing by estimation 37 acres be it more or less And of and in all those Lands Closes Meadows Feedings and Pastures called or known by the name or names of Stone-pit and Stone-pike containing in the whole by estimation four hundred acres be they more or less And of and in one other piece of Land called Bercon-field containing by estimation twenty nine acres be it more or less And of and in one Cottage with one Rood of Land thereunto belonging or occupied with the same in which Cottage or House one R. D. did lately dwell All which premises are scituate lying and being in E. aforesaid and now are in the occupation of c. and of and in all other the Lands Tenements Rents Reversions Services and Hereditaments of the said R. L. in the said Parish of E. in the said County of K. to the onely use and behoof of the said R. L. and the said A. and of the Heirs and Assigns of the said R. L. for ever for the Joynture of the said A. if the said A. shall happen to survive and over-live the said R. L. And the said R. L. doth covenant and grant for himself his Heirs Executors Administrators and Assigns by these presents to and with the said A. B. and J. G. and either of them and the Heirs Executors and Administrators of them and either of them in manner and form following That is to say That he the said R. L. his Heirs Executors Administrators or Assigns shall and will at all time and times hereafter and from time to time sufficiently save and keep harmless and indempnified the said Site Lands Tenements and Hereditaments and all other the premises and every part and parcel thereof of and from all former and other Bargains Sales Gifts Grants Leases Statutes-Merchant and of the Staple Recognizances c. and of and from all other Charges Troubles and Incumbrances whatsoever had made committed or done by the said R. L. or by any other person or persons whatsoever by his means title consent or procurement the Rents and Services from thenceforth to grow due to the chief Lord or Lords of the Fee or Fees of the premises only excepted and fore-prized and that the said Site Lands Tenements and other the premises now be of the clear yearly value of 200 l. over and above all charges and reprizes And further that the said R. L. and all and every other person and persons and his and their Heirs lawfully having claiming or rightfully pretending to have any Estate Right Title or Interest of in or to the said Scite Lands Tenements and all other the premises or any part or parcel thereof by or from the said R. L. shall and will from time to time and at all times hereafter during the space of two years next ensuing the date hereof further do make acknowledge and execute all and every such other reasonable act and acts thing and things device and devices assurance and assurances in the Law whatsoever as by the said A. B. and J. G. or either of them or the Executors or Assigns of either of them or their or any of their Council learned in the Law shall be reasonably devised or advised and at the costs and charges of the said R. L. his Heirs Executors or Administrators for the better and more perfect assuring and making sure of all and singular the premises to the said A. for term of her life only in form aforesaid so that there be not any other or further warranty therein comprised than only against the said R. L. and his Heirs And further it is covenanted granted and agreed by and between the said Parties to these presents and the said R. L. doth covenant c. to and with c. that all Feoffments Fines Conveyances and Assurances to be had made knowledged done suffered or executed by the said R. L. during the life of the said A. H. shall be to the uses intents and purposes aforesaid and to none other c. And further that she the said A. from and after the decease of the said R. L. during her natural life shall or may have hold and quietly enjoy the said Lands Tenements Rents Reversions Services and all other the premises without any lawful let suit trouble eviction interruption or disturbance of the Heirs and Assigns of the said R. L. or of any other person or persons whatsoever lawfully claiming by from or under the said R. L. his c. And further it is covenanted c. by and between the c. and the said R. L. doth covenant c. in manner c. that he the said R. L. his Heirs Executors or Administrators shall not at any time or times hereafter inter-meddle with have receive or take the portion or portions legacy or legacies sum or sums of money pertaining or belonging given and bequeathed due or to be due to W. H. T. H. and J. H. the Children of the said c or any of them or with the increase and profits thereof or by reason of the same arising coming or growing or that shall hereafter arise come or grow of the same or any part or parcel of the same increase other than such parcel thereof as by covenant hereafter in these presents expressed is yearly to be paid unto the said R. L. or his Assigns for and towards the charges of bringing up the said Children but shall permit and suffer the said J. G. to have the ordering and disposing of the said increase and profits coming of the portions aforesaid for the benefit of the said Children by the appointment of the said A. and that he the said R. L. shall upon reasonable request deliver or cause to be delivered
wife of the other part witnesseth That they the said J. T. and El. his wife as well for and in consideration of the sum of 210 l. of c. by the said R. H. unto them the said J. T. and El. his wife at the ensealing and delivery of these presents well and truly in hand paid the receipt whereof they the said J. T. and El. his wife do hereby acknowledge and thereof and of every part and parcel thereof do fully clearly and absolutely acquit exonerate and discharge the said R. H. his Heirs Executors and Administrators and every of them by these presents have granted aliened bargained sold and confirmed and by these presents c. unto the said R. H. and El. his wife all that one Messuage or Tenement c. together also with all and singular the Rooms Cellars Sollers Halls Parlours Chambers Houses Housings Vaults Pavements Courts Yards Easements and other Hereditaments Emoluments and Appurtenances whatsoever unto the said Messuage or Tenement and Premises or any of them appurtenant belonging or appertaining orâ—had used demised occupied or enjoyed as part parcel or member thereof or as thereunto or to any part thereof belonging or appertaining and the reversion and reversions remainder and remainders of them and every of them and also they the said J. T. and El. his wife for the consideration aforesaid have granted bargained and sold and by c. unto the said R. H. his Heirs and Assigns all and singular Letters-Patents Exemplifications of Fines and Recoveries Chirographies of Fines Charters Deeds Indentures Counterpanes Writings Evidences Escripts and Minuments whatsoever concerning only the premises hereby mentioned to be bargained and sold or only any part thereof and which now are in the Hands Custody or Possession of the said J. T. or any other person or persons by his delivery or appointment or to his use or to the use of the said El. his wife and which he may have obtain or come by without suit in the Law and also true Copies of all such other Letters-Patents exemplifications of Fines and Recoveries Chirographies of Fine Charters Deeds Indentures Counterpanes Writings Evidences Escripts and Minuments whatsoever amongst other things concerning the premises or any part thereof and which now are in the Hands Custody or Possession of the said J. T. or any other person or persons by his delivery or appointment or to his use or which he may have obtain or come by without suit in the Law all and singular which said Letters-Patents Exemplifications Chirographies Charters Deeds Indentures Counterpanes Writings Evidences Escripts and Minuments so hereby bargained and sold by the said J. T. he the said J. T. doth hereby grant and agree to deliver or cause to be delivered to the said R. H. his Heirs or Assigns on this side the Feast of the Annunciation of the blessed Virgin Mary now next coming safe uncancelled and undefaced as now the same are together with the said Copies the writings of the said Copies to be paid for by the said R. H. to the receipt of the said Copies To have and to hold the said Messnage or Tenement and Backside and all and singular other the premises hereby mentioned to be bargained and sold and every of them with their and every of their appurtenances and the Reversions and Remainders of them and every of them unto the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. to the only proper use and behoof of the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. for ever without any Mortgage Condition redemption use or limitation to recal alter charge or determine the same to be holden of the chief Lord or Lords of the Fee or Fees whereof the premises have been holden by the Rents and Services therefore due and of right accustomed And the said J. T. for himself his Heirs Executors and Administâ—ators doth covenant and grant to and with the said R. H. his Heirs and Assigns and to and with every of them by these presents that she the said El. his wife is seized of the reversion of the said bargained premises of an Estate to her and the Heirs of her Body lawfully begotten immediately expectant upon an estate for the life of Hellen Cl. now wife of Leo Cl. of c. Gent. with further remainder or reversion immediately expectant upon the said Estate-tail to the right Heirs of the said El. for ever without any reversion or remainder of the same or of any part thereof in our Soveraign Lord the King or otherwise of the full absolute reversion in Fee-simple expectant upon the said Estate for life of the said Hellen And the said J. T. for himself his Heirs Executors and Administrators doth covenant and grant to and with the said R. H. his Heirs and Assigns and to and with every of them by these presents that they the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. and every of them shall and may from time to time and at all times hereafter for ever after the decease of the said Hellen peaceably and quietly have hold occupy possess and enjoy the said Messuage or Tenement Backside and Premises without the let interruption trouble expulsion or eviction of the said J. T. and El. his wife or either of them or of their or either of their Heirs of their or either of their Bodies begotten or to be begotten or any other Heir or Heirs of them or either of them or of any heir or heirs of T. L. Gent. deceased and without any lawful let trouble interruption expulsion or eviction of any other person or persons whatsoever now having or lawfully claiming to have or which hereafter may have or lawfully claim to have any manner of estate right title interest thing or demand of in to or out of the said bargained premises or any of them by for from or under them or any of them or by from or under the said Hellen or by their or any of their means consent or procurement except such person and persons which may lawfully claim under the Leases and Estates herein after excepted and freed and discharged or otherwise within convenient time after reasonable request well and sufficiently saved and kept harmless and indempnified by the said J. T. his Heirs Executors and Administrators or some or one of them of and from a land all manner of former and other Bargains Sales Gifts Grants Alienations Estates Leases Joyntures Dowers Uses Wills Entails Rents Charges Rents-seck and arrerages of all manner of Rents Statutes-Merchant and of the Staple recognizances Judgments Executions Fines Post-sines and of and from all other Titles Troubles Charges and Incumbâ—aâ—ces whatsoever heretofore had made done committed omited or wittingly or willingly suffered or procured or hereafter to be had made done committed wittingly or willingly suffered or procured by the said I. T. and El. T. L. and H. or either
request of the said W. B. and by the appointment and with the atturnment of the said W. D. the elder have and either of them hath granted bargained sold aliened and confirmed and by c. to the said W. D. the Son and his Heirs all that Messuage Tenement c. and all Rents Reversions Remainders and Services of the said premises and all their and either of their Right Title Interest Challenge Claim and Demand whatsoever of in and to the same premises to have hold and enjoy the said c. unto the said W. D. the Son his Heirs and Assigns for ever to his and their own use for evermore to be holden of the chief Lord or Lords of the Fee or Fees of the premises by the Rent and Services therefore due and of right accustomed and it is concluded and agreed by and between the said Parties that neither these presents nor any thing therein contained shall extend to be construed to extend to bind or charge the said R. R. and W. K. or either of them their or either of their Heirs touching the premises otherwise than against his and their own acts respectively In witness whereof c. Note That in respect of the Atturnment of Tenant the Estate of Inheritance passeth legally without Livery B. M. being seized of Lands jure uxoris she being a Co-heir purchaseth of J. B. to whom the Estates of the other Co-heirs is come all the Lands the Conveyance is by recovery concluded to be suffered by J. B. THis Indenture c. Between J. B. of c. Son and Heir of William Beaumont late of c. deceased and M. his Wife one of the Daughters and Co-heirs of D. S. Gent. deceased of the one part and B. M. of c. William H. J. H. of c. and Rich. C. of c. of the other part witnesseth That the said John Beaumont for and in consideration of the sum of 200 l. of c. to him by the said B. M. before c. whereof c. hath agreed to grant convey and assure to the said B. M. his Heirs and Assigns for ever all that toft and eight acres of Land by estimation be they more or less called c. and also Common Pasture for six young Beasts and one House with the appurtenances in Wickware Heath all which premises are scituate c. and now are in the tenure holding or occupation of the said B. M. in the right of E. his Wife the Daughter of R. W. deceased for term of her life and which said premises late were the Inheritance of the said D. S. and by and after his death descended and came to his three Daughters viz. the said M. E. the Wife of R. C. and B. the Wife of J. M. the parts and portions of which E. C. and B. he the said W. B. purchased and dyed thereof seized And also the said J. B. for the Confiderations aforesaid hath agreed to grant convey and assure to the said B. M. his Heirs and Assigns for ever all other the Messuages Lands Tenements and Hereditaments of him the said J. B. within the Parish of W. aforesaid and all Rents Reversions and Services of the premises and every part thereof as by such wayes and means as by him the said B. M. or his Council learned in the Law shall be in that behalf reasonably devised and required and this present Indenture further witnesseth That the said I. B. doth for himself his Heirs Executors and Administrators covenant promise and grant to and with the said B. M. his Executors and Administrators and Assigns by these presents that he the said I. B. shall and will before the end of Easter Term now next ensuing by Deed indented and enrolled in the High Court of Chancery bargain and sell to the said W. H. and I. H. and their Heirs all the said toft and premises To have and to hold to the said W. H. and I. H. and their Heirs during the natural life of the said I. B. to the intent and purpose to make them Tenants of the Free-hold of the premises and that a Writ of Entry sur disseisin en le post shall be brought and prosecuted by the same R. C. against the said W. H. and I. H. whereby he shall demand the said premises by some fit or apt names against them the said W.H. and I.H. who shall appear in person and vouch to warranty the said J. B. who shall likewise appear in person and vouch over to warranty the common Vouchee who shall likewise appear in person and enter into the warranty and afterwards make default and depart in contempt of the Court whereby several Judgments shall be had viz. for the said R. C. to recover the premises against the said W. H. and I. H. and for them to recover in value against the said I. B. and for the said I. B. to recover over in value against the said common Vouchee which said recovery so or in any other manner to be had and executed and all Fines Feoffments and other Assurances at any time hereafter to be had or executed of the premises or any part thereof shall be and enure and shall be deemed adjudged construed and expounded to be and enure to and for the only use and behoof of the said B. M. and of his Heirs and Assigns for ever and the said I. P. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said B. M. his Heirs and Assigns by these presents that he the said I. B. at the time of the ensealing and delivery thereof is and until the said premises shall be fully and perfectly conveyed and assured to the said B. M. his Heirs and Assigns for ever according to the true intent and meaning of these presents shall be the true and lawful Owner of the said premises and every part thereof and of and in the same and every part thereof lawfully and rightfully seized of a good Estate of Inheritance in Fee-simple in his own right and to the only use of him and his Heirs by good sure sufficient and absolute conveyance assurance and title in the Law indeseazible and also that he the said I. B. at the time of the ensealing and delivery hereof hath and until the said premises shall be assured as aforesaid shall have full power good right and lawful authority to bargain sell convey and assure the said premises and every part thereof to the said B. M. his Heirs and Assigns for ever according to the true intent and meaning of these premises and also that the said premises and every part thereof now be and are and so from time to time and at all times hereafter for ever shall or may be remain and continue to the said B. M. his Heirs and Assigns clearly acquitted and discharged or otherwise by him the said I. B. his Heirs and Assigns well and sufficiently saved and kept harmless of and from all and all
further this present Indenture that for the consideration aforesaid and for and in consideration of the sum of 40 l. to him the said T. I. by the said P. H. before the ensealing and delivery hereof well and truly satisfied and paid whereof he acknowledgeth the receipt and thereof and of every part and parcel thereof doth clearly acquit and discharge the said P. H. his Heirs c. and every of them for ever by these presents and for setling the Inheritance of all the said Messuages Lands Tenements Hereditaments and Premises in such manner and form as hereafter in these presents is mentioned limited and declared and for divers other good Causes and Considerations all the said Parties moving it is covenanted granted concluded and agreed by and between all the said Parties to these presents that they the said W. B. and M. his Wife T. I. and A. his wife P. H. and J. his wife shall and will before the end of Easter Term next acknowledge and levy to the said T. P. and J. C. and to the Heirs of one of them one Fine sur conuzance c. to be sued out with Proclamations according to the form of the Stature in that case made and provided before the Justices of the Court of Common-Pleas at Westminster of all the Messuages Lands Tenements and Premises before mentioned by the names of thirteen Messuages and seven Gardens with the appurtenances in c. which Fine so or in any other manner to be acknowledged and levied and all other Fine or Fines to be had levied or acknowledged by or between the said Parties or any of them or any other person or persons of the said premises or any part thereof shall be and enure and shall be deemed adjudged construed and expounded to be and enure to and for the only uses intents and purposes hereafter in these presents limited expressed and declared that is to say as touching and concerning all the said Messuages Tenements Gardens and Premises before mentioned to be granted bargained sold or conveyed by the said W. Ho. in and by the said recited Deed indented to the use and behoof of the said P. Hobbs and of his Heirs and Assigns for ever and as touching all other the Messuages Lands Tenements Hereditaments and Premises before mentioned meant or intended to be comprized in the said Fine thereby agreed to be levied whereof no use is herein therefore expressed and of every part and parcel thereof with the appurtenances to the use and behoof of the said Peter H. for term of his natural life and from and after his decease to the use and behoof of the said Joan H. for the term of her natural life and from and after her decease to the use and behoof of the first Son of the said P. Hobbs on the body of the said Joan his wife begotten and to be begotten and of the Heirs males of the body of such first Son lawfully to be begotten and for default of such Issue to the use and behoof of the second Son of the said Peter Hobbs on the Body of the said Joan his wife begotten and to be begotten and of the Heirs males of the body of such second Son lawfully to be begotten and for default of such Issue to the use and behoof of all and every other Son and Sons of the said P. H. on the body of the said Joan his wife to be begotten one after another as they shall be in seniority of age and priority of birth and of the Heirs of the body of every of the same Sons respectively to be begotten the elder of the said Sons and the Heirs of his body being alwayes preferred before the younger and the Heirs of their bodies and for default of such Heirs to the use and behoof of all the Daughters of the body of the said P. H. on the body of the said J. his wife begotten and to be begotten and of the Heirs of the body of the same Daughters respectively lawfully to be begotten and for default of such Heirs to the use and behoof of the said P. H. and J. his wife and of their Heirs and Assigns for ever provided alwayes and it is explained and declared to be the true intent and meaning of these presents and of all the Parties to the same that it shall be lawful to and for the said P. H. and J. his wife at any time during the Coverrure between them by any writing or writings indented to be by them signed and sealed in the presence of three or more credible witnesses who shall thereunto subscribe or indorse their names or marks testifying the same to alter change revoke determine diminish or inlarge all or any of the use or uses herein before limited touching or concerning the said Messuages Tenements and Premises herein before limited to the said P. H. and I. his wife or either of them for their lives or any part or parcel thereof and by the same writing or writings or by any other writing or writings indented so signed sealed and testified as aforesaid to limit and appoint any other use or uses of the same Messuage or Messuages Tenements and Premises last mentioned or any part or parcel thereof to the said person or persons or to any other person or persons and of such Estate and Estates as to them shall seem best and in case any such new limitation or appointment of uses shall be made that then the said Fine so to be levied shall be and enure and shall be deemed adjudged construed and expounded to be and enure as touching the said Messuages Tenements Lands and Premises last mentioned and every part thereof to and for such new use and uses as in and by such writing or writings so to be signified sealed and testified as aforesaid shall be expressed limited and declared any thing c. And the said Thomas Joanes for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said P. Hobbs and Joan his wife and either of them their and either of their Heirs c. by these presents that all the said Messuages Tenements and Premises and every part and parcel thereof with the appurtenances now are and be and so from time to time and at all times hereafter for ever shall or may be remain and continue to the several and respective uses before herein mentioned limited and declared according to the true intent and meaning hereof clearly freed and discharged of and from all former and other Bargains Sales Gifts Grants Leases Mortgages Charges Troubles and Incumbrances whatsoever had made committed or done by him the said Tho Joanes or any other person or persons lawfully claiming or to claim by from or under him In witness c. A Marriage is intended between Tho. Geo. Esquire and Ph. B. single Woman Ph. in regard the Joynture agreed on cannot presently be assured with consent of Tho. makes over all her Land c. Jewels Moneys
c. to Eliz. her Sister in trust c. THis Indenture Tripartite c. between T. Geo. Esquire Son and Heir of Sir Tho. G. of c. Knight of the first part Ph. E. single woman and Daughter of c. of the second part and Eliz. B. Sister of the said Ph. B. of the third part witnesseth That whereas there is a Marriage agreed upon and shortly by Gods Grace to be had and solemnized between the said T. G. and the said Ph. B. and whereas the said P. B. is and standeth possessed and interessed in certain Leases Moneys Jewels Debts Goods and Chattels and whereas also the said T. G. by reason of the present distractions of the times is not able presently to assure unto the said P. B. such Joynture as is agreed on to be assured to her witnesseth now further this present Indenture that it is covenanted granted condescended unto and agreed upon by and between all the said Parties to these presents in manner and form following that is to say the said P. B. by and with the consent and good will of the said T. G. Party to these presents testified by being party and putting his Hand and Seal to one or more parts of this Indenture hath granted aliened assigned and set over and by c. unto the said Eliz. B. all such Mannors Messuages Lands Tenements Rents Services and Hereditaments whatsoever situate lying and being in c. or else-where in England whereof or wherein she the said Phil. is or standeth possessed or interessed and all her Estate Right Title Interest Claim and Demand whatsoever in and to the same Mannors Messuages Lands Tenements and Premises and every or any part thereof together with all Leases Deeds and Writings touching the same premises and every part thereof To have and to hold the said Mannors Messuages Lands Tenements and Premises and every part and parcel thereof with the appurtenances to the said Eliz. B. her Executors Administrators and Assigns from henceforth for and during all the respective time and times term and terms as she the said P. B. hath or ought to have thereunto to come and unexpired and also the said Ph. B. by and with the like consent and agreement of the said T. G. party to these presents testified as aforesaid hath granted and delivered and by c. to the said Eliz. B. all her Jewels Moneys Bonds Specialties Debts and other Goods and Chattels whatsoever before hereby mentioned meant or intended to be granted and delivered and every part and parcel thereof with the appurtenances to the said Eliz. B. her Executors Administrators and Assigns to the uses intents or purposes hereafter in these presents mentioned and declared and it is expressed and declared to be the true intent and meaning of all the said parties to these presents that the several Grants herein before made to the said Eliz. B. are so to her made upon trust and confidence in her reposed as well by the said T. G. Party to these presents as the said P. B. that in case the said Marriage take effect and that the said T. G. shall during the Coverture between him and the said Ph. cause to be assured by good and sufficient wayes and means in the Law to the said Ph. for her life and after her death to the Heirs of her body by the said T. party c. to be begotten the Mannors Messuages Lands Tenements and Hereditaments situate lying and being in the Counties of Wilts and Gloucester or either of them of the clear yearly value of 250 pounds of c. over and above all Rents Charges Deductions and Reprizes or that after such Marriage solemnized if the said Ph. shall happen to depart this transitory life before the said T. G. and before such assurance made as aforesaid which shall first happen she the said Eliz. B. her Executors Administrators and Assigns shall and will upon the reasonable request and at the costs and charges in all things of the said T. G. his Executors c. not only grant assign and set over to the said T. G. party c. his Executors c. all the said Mannors Messuages Lands Tenements Hereditaments and Premises before hereby granted or assigned by the said Ph. B. to the said Eliz. B. as aforesaid for all such time and times term and terms respectively as shall be then therein to come and unexpired discharged of all other Grants and Incumbrances made or done by the said Elizabeth except such as she shall make or do by consent of the said T. G. his Executors c. but also grant and re-deliver to the said T. G. his Executors or Assigns all such Moneys Jewels Bonds Specialties Debts and other Goods and Chartels whatsoever as in the mean time shall come to the hands of the said Eliz. her Executors c. by force of these presents and which shall remain or be in her or their hands custody or possession by the true meaning hereof and also that in such case she the said Elizabeth her Executors c. shall from time to time in the mean time after Solemnization of the said Marriage pay and deliver to the said T. G. all such Rents Issues and Profits of the said Mannors Lands Tenements Moneys and Debts as shall come to her or their Hands or Custody and also upon further trust and confidence in the said Elizabeth B. reposed that in case the said Marriage take effect and the said T. G. happen to depart this transitory life before the said P. B. and before he shall have assured or caused to be assured to the said P. B. any Mannors Messuages Lands Tenements or Hereditaments of the value aforesaid and in form aforesaid that then in such case she the said Elizab. B. her Executors c. shall and will not only re-grant re-assign and set over to the said Ph. B. all the said Mannors Messuages Lands Tenements and Premises before hereby granted or assigned by the said Ph. B. as aforesaid for all such time and times term and terms respectively as shall be then therein to come and unexpired discharged of all other Grants and Incumbrances made or done by the said Elizabeth B. her Executors c. except such as she shall make or do by the consent of the said P. H. but also re-grant and re-deliver to the said Phil. her Executors or Assigns all such Moneys Jewels Bonds Specialties Debts and other Goods and Chattels whatsoever as in the mean time shall come to the Hands or Custody of the said Eliz. her Executors or Assigns by force of these presents and which shall remain or be in her or their Hands Custody or Possession by the true meaning of these presents and the said T. G. for himself his Executors c. doth covenant promise grant and agree to and with the said Eliz. B. her Executors c. by these presents that neither he the said T. G. nor his Heirs c. nor any other person or persons claiming
or Writing shall be made by the said Edward Lord Herbert as aforesaid for the Joynture of any such Wife or Wives or number of years determinable upon her or their life or lives as aforesaid according to the true intent and meaning of the same Indenture Deeds and Writings and of these presents And it is hereby declared and agreed by and between the said Parties hereunto that the said sum of 1000 l. herein before mentioned or such less sum as aforesaid to be paid by the said Edward Lord Herbert to the said Richard Eaton as aforesaid shall go and be employed upon the trust herein after following viz. in case the Debts and Sums of Money mentioned in the Schedule hereunto annexed be not then paid then the same or so much thereof as shall be sufficient to pay and satisfie such of the said Debts or Sums of Money mentioned in the said Schedule hereunto annexed as the said Jo. Earl of Bridgewater and Edward Herbert party to these presents or the Survivor of them and his heirs shall think fit shall be disbursed and employed to that purpose and after the said Debts and Sums of Money or such of them as the said Jo. Earl of Bridgewater and Edward Herbert shall think fit shall be paid or satisfied then the surplusage if any be of the said One thousand pounds or such less sum as aforesaid shall be disposed and employed for the purchasing and buying of Lands Tenements and Hereditaments to be setled on the said Edward Herbert party to these presents for and during the term of his natural life and after his decease to the use and behoof of such person and persons and in such manner and form as the said Lands Tenements and Hereditaments in the County of Monmouth herein before limited to the said Richard Herbert party to these presents for his life with remainder over are limited estated and setled Provided alwayes and it is covenanted granted condescended concluded and agreed by and between all the said parties to these presents and the true intent and meaning of them and every of them and of these presents is that if the said Richard Herbert party to these presents or some other person or persons to whom any Estate is hereby limited or intended to be limited of and in the said Mannors Lands Tenements and Hereditaments within the Kingdome of Ireland or any of them their or some of their heirs or assigns or some of them shall not within two years next after the decease of the said Edward Lord Herbert well and truly pay or cause to be paid of the said Edward Herbert Son of the said Edward Lord Herbert if he the said Edward Herbert Son to the said Edward Lord Herbert shall so long live the sum of 2000 l. of c. that then and immediately after such default of payment all and every use and uses herein before limited and declared as for and concerning all and every the Mannors Lands Tenements and Hereditaments within the Kingdom of Ireland shall cease and be void and then also and from henceforth the said recovery and recoveries so as aforesaid or in any other sort to be had and suffered and the Recoverer and Recoverers therein named his and their heirs shall stand and be seized of and in all and singular the Mannors Lands Tenements and Hereditaments with their appurtenances within the said Kingdom of Ireland to the use and behoof of the said Edward Herbert Son of the said Edward Lord Herbert his heirs and assigns until he or they shall and may out of the Rents Issues and Profits thereof have fully levied and received the said sum of 2000 l. together with consideration after the rate of 8 l. per centum per annum for the forbearance thereof from the end of the said two years next ensuing the death of the said Edward Lord Herbert and all Damages Costs and Charges which he the said Edward Herbert Son of the said Edward Lord Herbert his Heirs Executors or Administrators shall sustain to be put unto in or about the recovery of the said premises or of the said sum of 2000 l. or any part thereof or in or about any Suit concerning the same Provided also and it is covenanted granted condescended concluded and agreed by and between the said parties to these presents and the true intent and meaning of them and every of them and of these presents is That it shall and may be lawful to and for the said Richard Herbert party to these presents by Indenture or by any Deed or Deeds Writing or Writings indented or poll to be by him the said Richard Herbert party to these presents sealed and subscribed in the presence of two or more credible Witnesses to declare limit or appoint all or any of the said Mannors Lordships Messuages Lands Tenements Hereditaments and Premises in the Kingdom of Ireland to and for the Joynture of any Wife or Wives which he the said Richard Herbert shall hereafter happen to marry or to take to Wife for and during the natural life or lives of such Wife or Wives or for any number or term of years determinable upon her or their life or lives the same to take effect upon the decease of the said Edward Lord Herbert and Richard Herbert and the Survivor of them to be subject to the use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert and his Heirs in the manner aforesaid and then and from thenceforth the said recovery and recoveries shall be and enure and the Recoverer and Recoverers therein named his and their Heirs shall stand and be seized of and in the said Mannors Lordships Messuages Lands Tenements Hereditaments and Premises in the Kingdom of Ireland with the rights members and appurtenances thereof or of or in or so much or such part thereof for or concerning which such Indenture Deed or Writing shall be made by the said Richard Herbert as aforesaid for the life of any such Wife or Wives or number of years determinable upon her or their life or lives as aforesaid according to the true intent and meaning of the said Indenture Deeds or Writings and of these presents subject nevertheless to the said use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert his Heirs and Assigns in manner aforesaid Provided also and it is nevertheless covenanted concluded condescended and agreed by and between the said Parties to these presents that it shall and may be lawful to and for the said Richard Herbert party to these presents at all or any time or times hereafter during his natural life being then actually seized of the immediate estate of Free-hold in possession of or in the said Mannors Lands Tenements Hereditaments and Premises or any of them by virtue or means of the said Recoveries or any of them and of these presents or of any the limitations of uses herein limited to demise or to Farm-let by Indenture
or Indentures such or so much of the said Mannors Lands Tenements Hereditaments and Premises whereof he shall be then so seized in possession of such Estate as aforesaid or any part thereof chargeable and charged nevertheless with the liberties and powers herein contained and with the terms and estates hereof thereby or in pursuance thereof made or raised unto any person or persons whatsoever in possession for any number of years not exceeding the number of Twenty one years from the making thereof in possession or for the term of three lives or for any fewer number of years or lives or for any number of years determinable on three lives or any fewer number of lives in possession so as upon every such Demise Lease or Grant so to be made as aforesaid there be reserved respectively such Rents and Services as at any time within the space of Seven years last past before the date of these presents have been reserved for the same or more or greater Rent payable for the same during the continuance of every such several or respective Demise or Lease so to be made as aforesaid to such person or persons as by force of these presents shall or ought to have the immediate Reversion or Remainder thereof and that immediately from and after every or any such time as any such several and respective Demise Lease or Grant shall be made as aforesaid the recovery and recoveries and every of them shall be and enure and shall be taken to be and enure and the said Recoverer and Recoverers in the said Recovery named and every of them their and every of their Heirs and all and every other person or persons which at any time hereafter shall be seized of such parts and parcels of the premises as shall be demised or leased as aforesaid shall stand and be seized thereof and of every part thereof to the use and behoof of such several and respective person and persons to whom any such Demise or Lease shall be so made as aforesaid their several and respective Executors Administrators and Assigns to such several and respective estate and estates term and terms and such manner and form as in such several and respective Demises or Leases to be made as aforesaid shall be mentioned and expressed subject to the Rents Covenants Conditions Provisoes and Agreements as therein shall be severally and respectively contained and expressed and of the Reversion and Reversions Remainder and Remainders thereof to the use of such person or persons as by force of these presents shall or ought to have the immediate Reversion or Remainders thereof any thing c. Provided alwayes and it is c. and the true intent c. is that it shall and may be lawful to and for the said Richard Herbert party to these presents at any time or times after the decease of the said Edward Lord Herbert during his natural life by Indenture Deed or Writing to be by him the said Richard Herbert party to these presents sealed and subscribed in the presence of two or more credible Witnesses to make any Lease or Leases Demises or Grants of all or any part of the said Mannors Lands Tenements and Premises with their appurtenances as well those within this Realm of England and the Principality of Wales as those within the said Kingdom of Ireland except such of the Mannors Lands Tenements and Premises in the said County of Monmouth as shall be limited to or for the Joynture of such wife or wives as the said Edward Lord Herbert shall hereafter marry for and during the life or lives of such Wife or Wives only for the term of 21 years or under or for one two three or more lives or for any number or term of years determinable upon one two three or more lives in possession or reversion or otherwise with reservation of Rent or without reservation of Rent at his and their will and pleasure unto any person or persons subject nevertheless to the use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert his Heirs and Assigns in manner aforesaid upon trust for the raising of the several portions herein after mentioned for such Daughter and Daughters as the said Richard Herbert Son of the said Edward Lord Herbert shall happen to have and not otherwise Provided that is to say if one Daughter only then for the raising of 3000 l. for that Daughter if more than one Daughter then for the raising of 2000 l. apiece for each and every one of the said Daughters and that all or every such Lease or Leases Demises or Grants so to be made as aforesaid shall stand and be good and effectual in the Law to all intents and purposes and that the said Recovery and Recoveries so as aforesaid or in any other sort to be had and suffered and the Recoverer and Recoverers therein named his and their Heirs shall stand and be seized of and in such part and so much of the Mannors Messuages Lands and Premises with the appurtenances as shall be so demised or leased as aforesaid and every part thereof except as is before excepted to the use of such person and persons his and their Executors Administrators and Assigns to whom such Demises Leases or Grants shall be so made as aforesaid for and during such Leases Estates and Terms as shall be so demised and granted as aforesaid subject nevertheless to the said use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert his Heirs and Assigns in manner aforesaid Provided also and it is c. and the true intent c. that it shall and may be lawful to and for the said Richard Herbert party to these presents from time to time and at all times during his natural life by any his Deed or Deeds Writing or Writings indented or poll to be by him the said Richard Herbert party to these presents signed sealed and delivered in the presence of two or more credible Witnesses to revoke annihilate frustrate and make void all or any of the use or uses estate or estates or limitations herein before limited declared and appointed of for or concerning any three plough-Plough-lands of the premises in the Kingdome of Ireland not exceeding in the whole the clear yearly value of 150 l. per annum over and above all Charges and Reprizes other than the use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert and his Heirs in the manner aforesaid and other than the use herein before limited to the said Edward Lord Herbert for his life and that then and from thenceforth the use and uses estate and estates and limitations herein before declared limited or appointed of for or concerning such of the last mentioned premises for or concerning which any such nomination shall so be had or made other than the uses herein before limited to the said Edward Lord Herbert and Edward Son of the said
Edward Lord Herbert and his Heirs in the manner aforesaid shall cease determine and be utterly revoked frustrate and made void and then also it shall and may be lawful to and for the said Richard Herbert party to these presents by the same Deed or Deeds or by any other Deed or Deeds to be signed sealed and delivered by him the said Richard Herbert as aforesaid to declare limit or appoint any other new use or uses estate or estates whatsoever of the said premises of for or concerning which any such revocation shall be so made or any part or parcel thereof unto any person or persons whatsoever subject nevertheless to the said use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert and his Heirs in the manner aforesaid any thing in these presents contained to the contrary thereof in any wise notwithstanding and that then also and from thenceforth the said recovery and recoveries as to such of the premises concerning which any such revocation and new declaration shall be so made to such uses intents and purposes as the said Richard Herbert party to these presents by any such Deed or Deeds as aforesaid shall declare limit or appoint Provided also and it is c. that if the said Edward Lord Herbert and Richard his Son shall both of them be minded to make sale of the Mannors Lands Tenements and Hereditaments within the County of Monmouth or any of them other than such as herein are before limited to the said use of the said Richard Herbert party to these presents and his Heirs in possession which Sales is not meant or intended by any of the parties to these presents to be made but for raising of money to be imployed and bestowed upon the purchase of some other Lands of as good value or in some other place or places to be setled and estated to the same uses and estates and with the same powers and provisoes and in the sort and manner as those Lands so to be sold are hereby limited and mentioned to be setled and estated and being both so minded shall at any time during their Joynt-lives by any Deed or Deeds Writing or Writings to be by him the said Edward Lord Herbert and Richard Herbert his Son party to these presents sealed and subscribed in the presence of two c. declare and publish their mind intent and meaning to be to revoke alter and frustrate the said uses and estate before in these presents mentioned declared limited or appointed or any of them or for or concerning the said last mentioned Mannors and Premises or any of them or any part or parcel thereof or any of them that then from and after such Declaration or Publication so to be made as aforesaid the same use and uses estate and estates in and by these presents limited expressed declared or appointed of for or concerning the which any such declaration or limitation shall be made as aforesaid shall cease and become utterly void frustrate and of none effect to all intents constructions and purposes whatsoever and that then and from thenceforth the said recovery and recoveries so as aforesaid or in any other sort to be had and suffered shall be and enure and the Recoverer and Recoverers therein named his and their Heirs shall stand and be seized of and in the said Mannors Lands and Premises last mentioned or so much or such part thereof concerning which any such Declaration or Publication shall be made as aforesaid to such uses intents trusts and purposes as the said Edward Lord Herbert and Richard party to these presents by any Deed or Deeds c. sealed and subscribed in the presence of two c. shall declare limit or appoint And it is further c. for the considerations aforesaid that in case any of the said Mannors intended to be comprized in the said Fine or Fines Recovery and Recoveries shall be omitted or left out and not be comprized in the said Fine or Fines Recovery or Recoveries or in case there shall happen to be any defect in the assurance of the premises or any of them according to the true c. that they the said Edward Lord Herbert and Richard Herbert party to these presents their Heirs and Assigns and all and every other person and persons which now are or hereafter shall be seized of and in such of the said Mannors c. as shall be so omitted or left out and not to be comprized as aforesaid or whereof such Fine or Fines Recovery or Recoveries shall not be levied and had or whereof the assurance hereby intended to be made shall be any way defective shall stand and be seized thereof and every part and parcel thereof with their and every of their appurtenances and the reversions thereof to and for the several and respective estate and estates thereof herein before severally and respectively limited unto them or any of them as aforesaid under the several Provisoes herein before mentioned and to none other uses intents and purposes In witness c. J. W. being seized of a Mannor and other Lands conceiving he should die without Issue and intending to settle the same to good uses by Deed granteth and conveyeth the same to A. B. C. c. in trust to the use of himself for life and after of Rachel his wife for life the remainder to the Heirs of his Body and in default of such Heirs to grant the same as he should by Will or other writing limit or appoint c. with several Provisoes c. THis Indenture made c. between J. W. of c. of the one part and A. B. C. D. c. of the other part witnesseth That the said J. W. for and in consideration of the better confirmation and strengthening of a Joynture already made and granted to R. his now wife and for her better maintenance and livelihood in time to come and for the natural love and affection which he the said J. W. beareth to the Heirs of his body begotten and to be begotten and for setling and establishing of the Inheritance of the Lands and Tenements hereafter mentioned to and in the said A. B. C. D. c. and their Heirs to the uses intents and purposes hereafter specified Hath given granted enfeoffed and confirmed and by c. unto the said A. B. C. D. c. their Heirs and Assigns for ever all that the Mannors Capital Messuages and Farm of B. in c. with the rights members and appurtenances thereof and all that the Advowson Patronage and Gift of the Parish-Church of B. and all and all manner of Houses Edifices Dove-houses c. and all those Thirteen Messuages or Tenements c. and all Shops Cellars Sollers c. and all other the Messuages Lands Tenements Reversions Services and Hereditaments whatsoever which he the said J. W. standeth seized of any Estate of Inheritance within the Counties of c. aforesaid or else-where within the
Kingdom of England and the Reversion and Reversions Remainder and Remainders of all and singular the said premises and all Rents and yearly Profits reserved due or payable by or upon any Demise Lease or Grants Demises Leases or Grants made of the said premises or any part thereof and all the estate right title interest claim and demand whatsoever of him the said J. W. of in and to the same premises and every or any part or parcel thereof and also such Deeds Charters c. To have and to hold the said Mannors Messuages Farms Tenements and Rectory and all and singular other the premises before by these presents granted or mentioned meant or intended to be granted with their and every of their appurtenances unto the said A. B. C. D. c. their Heirs and Assigns for ever to the uses intents and purposes hereafter in these presents limited expressed and declared and to none other use intent or purpose that is to say as for touching and concerning the said Mannor Capital Messuage and Farm of Burnet and all Lands Meadows Pastures c. And the said Rectory and Parsonage of Chewion alias Chewton and with the rights members and appurtenances thereof and all and all manner of Tythes of Corn Hay and Wooll and all Obligations Obventions Profits Commodities and Hereditaments whatsoever coming growing yearly renewing or happening in Chewton aforesaid or else-where to the said Rectory or Parsonage belonging or in any wise appertaining and the said Messuage or Tenement c. and the said three Messuages or Tenements c. and all Cellars Sollers Houses c. and the Reversion and Reversions thereof c. and all Rents and Services thereunto belonging or in any wise appertaining to the use and behoof of J. W. and his Assigns for and during the term of the natural life of the said J. W. without impeachment of or for any manner of waste and after the decease of the said J. W. then to the only use and behoof of the said Rachel for and during the term of her natural life for and in the name of her Joynture and in full recompence of her Dower and title of Dower which she the said Rachel shall or may have of or to the Lands Tenements and Hereditaments of the said J. W. and after the decease of the said J. W. and Rachel then to the use and behoof of the Heirs of the body of the said J. W. lawfully begotten or to be begotten and for default of such Issue to the use and behoof of the said A. B. C. D. c. their Heirs or Assigns for ever upon this hope trust and confidence nevertheless in them reposed by the said J. W. that they the said A. B. C. D. c. and the Survivors and Survivor of them and his and their Heirs and Assigns and at all times after the ending of the said Estates of the said J. W. and Rachel his wife of and in the said Mannors and Premises to them above-limited make such Grants and Conveyances of the same and dispose distribute and employ the Rents Issues and Profits thereof to such person and persons and in such manner and form as the said J. W. by his last Will and Testament in writing by him to be subscribed with his own hand and sealed with his Seal in the presence of three or more Witnesses or by any other writing to be by him subscribed and sealed in the presence of so many Witnesses as aforesaid shall nominate declare or appoint and for and in default of such nomination or appointment then that the persons trusted and the Survivors and Survivor of them his and their Heirs and Assigns shall convey and assure the said Mannor and Premises to and on the right Heirs of the said J. W. for ever and as for touching and concerning all other the said Messuages Lands Tenements and Premises residue with the appurtenances whereof no use is before by these presents limited or declared to the use and behoof of the said J. W. and of the Heirs of his body lawfully begotten and to be begotten and for default of such Issue to the use and behoof of the said A. B. C. D. c. their Heirs and Assigns for ever upon the like hope trust and confidence in them reposed that they the said persons trusted and the Survivors and Survivor of them and his and their Heirs and Assigns at all times from and after such time as the said J. W. shall be dead without Heir of his body shall make such Grants and Estates of the said Lands and Premises residue c. or any part or parts thereof and distribute dispose and employ the Rents Issues and Profits thereof to such person and persons and in such manner and form as the said J. W. by his last Will and Testament in writing to be by him subscribed with his own hand and sealed in the presence of three or more witnesses or by any other writing to be by him subscribed and sealed in the presence of so many Witnesses as aforesaid shall nominate declare limit and appoint and for and in default of such nomination or appointment then that the said person or persons trusted and the Survivors or Survivor of them his and their Heirs and Assigns shall convey and assure the same Lands and Premises residue with the appurtenances to and upon the right Heirs of the said J. W. for ever Provided always and it is fully and plainly convenanted concluded and agreed by and between the said Parties to these presents for them their Heirs and Assigns that it shall be lawful to and for the said John W. and that the said J. W. shall have full power and authority from time to time and at all times hereafter at will and pleasure by his Deed or Deeds in writing to demise grant and to farm-let all or any the said Mannor Messuages Lands Tenements and Hereditaments and every or any part or parts thereof as well in possession as in reversion or in possession or in reversion unto any person or persons for one two or three lives or for any number of years whatsoever by and under such Rents Reservations Covenants Conditions Limitations and Agreements as to him shall seem meet or without any Rent Reservation or Condition at his will and pleasure at that when and as often as any such Demise Grant or Lease shall be so made by the said J. W. of the premises or any part or parts thereof the said parties trusted and every of them and the Survivors and Survivor of them and every of them and his and their Heirs and Assigns shall stand and be seized of such part parts and parcels of the said Mannor Messuages Farms Tenements Rectory and Premises as shall be so demised leased or granted immediately from and after every such Demise Lease or Grant made to the use and behoof of every such person and persons to whom any such Lease Demise or Grant shall be so made and
of their Executors Administrators and Assigns repectively only for and during the continuance of the estate and estates term and terms interest and interests to be limited and expressed in such Lease Demise or Grant under such Rents Reservations Condition and Conditions Limitation and Limitations as in or by such Leases Demises or Grants shall be limited expressed or contained respectively according to the intent purport and true meaning of every such Demise Grant and Limitation and of the Reversion and Reversions Rents and Services reserved and depending upon the same Leases and Grants and also after the end and expiration of every such Demise Lease and limitation to be made and as the same shall respectively end and determine then from time to time of all and every such part and parts of the premises as shall be so demised leased or limited as aforesaid to the use of such person and persons and in such manner and form and of such Estate and Estates with such Remainder and Remainders over as are before herein and hereby limited appointed and declared and to none other use intent or purpose Provided likewise and it is further covenanted concluded condescended unto and agreed by and between the said Parties to those presents that if the said J. W. do and shall at any time or times hereafter in or by any Writing under his Seal and by him subscribed with his Hand in the presence of three or more Witnesses signifie and declare that he is minded to alter change revoke determine frustrate or make void all or any the uses or estates hereby made limited or appointed that then and from thenceforth all and every such use and uses estate and estates whereof or concerning which he shall so signifie or declare his said mind as aforesaid shall respectively be frustrated void revoked determined and of no force or effect only of for and concerning all such and so much of the said Mannor Rectory Farms Lands and Premises before herein mentioned whereof he the said J. W. shall so signifie and declare his mind as aforesaid and then and from thenceforth this present Feossment and Grant shall enure and be and the said A. B. C. D. c. and their Heirs shall stand and be seized of for and concerning all such and so much of the said Mannors Lands and Premises whereof or concerning which he the said J. W. shall so signifie and declare his mind as aforesaid to the only use of such person and persons and of and for such Estate and Estates and with such Remainder and Remainders thereof over and for upon and under such Conditions and Provisoes and in such manner and form as the said J. W. shall by any such writing or writings by him to be subscribed and sealed as aforesaid limit or appoint any thing in these presents contained or any other matter or cause to the contrary thereof in any wise notwithstanding In witness c. Note This precedent Deed was executed with Livery and Seifin and attornment the Livery being severally made in the several Counties aforesaid The Donor made his Will and thereby devised to the Mayor and Commonalty of B. several Annuities to be issuing out of the Lands granted by the precedent and appointed the same to be imployed to Charitable Uses and constituted Rachel his Wife Executrix and dyed without Issue The Executrix proved his Will THe Sisters and Sisters Children of the Donor as Heirs at Law question the validity of the Deed whereupon the Mayor Commonalty and Feoffees in trust exhibit their Bill in Chancery against the Co-heir and Executrix and afterwards the matter coming to the hearing by Decree the Deed and Uses are confirmed A Condition to pay money weekly THe Condition c. That if the within-bound A. B. C. D. E. F. and G. H. or any of them or the Executors Administrators or Assigns of them or any of them do truly pay or cause to be paid to the within-named M. P. and J. G. or either of them or to the Executors Administrators or Assigns of them or either of them at or in the c. the sum of 4 l. of c. in manner and form following that is to say every week weekly on the Saturday in every week one next and consequently ensuing another the sum of two shillings until the said sum of 4 l. shall be fully satisfied and paid the first payment thereof to begin and to be made on Saturday next being the twenty day of this instant Moneth of September within-written that then c. but if default shall be made of or in any of the payments that then c. A Condition to pay a sum of money and three years payment given THe Condition c. That if the within-bound J. W. his Executors Administrators or Assigns or any of them do truly pay or cause to be paid to the above-named J. P. his Executors Administrators or Assigns the sum of 7 l. and 10 sh of good and lawful money of England at or in the c. in manner and form following that is to say on the third day of Jan. which shall be in the year of our Lord 1632. 50 sh thereof on the third of Jan. which shall be in c. 1633. 50 sh more thereof and on the third day of Jan. which shall be in c. 1634. 50 sh residue of the said sum of 7 l. 10 sh without fraud or delay that then this c. but if default shall be made of or in any of the said payments in part or all then this c. A Condition to perform Covenants in a Lease and not to seek for a new Lease from the chief Landlord THe Condition c. That whereas the within-named M. H. by her Indenture of Lease bearing date the day of the date within-written hath leased unto the within-bound E. M. part of a Messuage or Tenement called the Peter and Paul scituate in Pater-noster-Row in the Parish of St. Michael at Quern in London from the Feast of the Nativity of St. John Baptist last past before the date within-written for the term of twenty one years as by the said Indenture of Lease may appear if therefore the said E. M. his Executors Administrators and Assigns and every of them do well and truly observe perform fulfil and keep all and singular the Covenants Grants Articles Conditions and Agreements specified and declared in the said Indenture of Lease which on his or their parts are or ought to be observed performed fulfilled and kept in and by all things according to the tenor purport effect and true meaning of the said Indenture And further if the said E. M. his Executors Administrators nor Assigns nor any other person or persons whatsoever for him or them or by his or their or any of their means occasion or procurement do directly or indirectly procure get or obtain or endeavour to go about to procure get or obtain any Lease or Grant from the Mayor Commonalty
persons except such Goods Chattels Money and Plate now in the possession and custody of the said T. T. of the said Testators which is or are to be administred as shall be thought good by the said R. B. And further if the said T. T. his Heirs or Executors do not discharge any debts of the said Testators without the consent of the said R. B. his Executors or Administrators nor any Action which the said R. B. or his Executors shall justly attempt and bring against any person or persons to or for the recovery of any of the Debts Goods and Chattels of the said Testator that then c. or else c. A Condition not to do any act as Executors without consent of his Co-Executor THe Condition c. That whereas one C. B. late of N. deceased by her Testament and last Will named ordained and constituted the within-bound M. B. and the within-named N. J. to be Executors of the same her Testament and last Will as by the same last Will and Testament among other things appeareth if therefore the said M. B. shall not at any time hereafter make or cause to be made any release acquittance or other discharge to any person or persons for or concerning any of the debts goods or chattels which were the said C. B. the day of her decease nor shall do or suffer or cause to be done or suffered any other act or acts thing or things in or about the Execution of the said Testament and last Will of the said C. without the consent assent and agreement of the said N. I. that then c. A Condition to procure one to seal an acquittance by a day and to save harmless THe Condition c. That whereas the within-named A. B. hath the day of the date within-written paid and delivered to the within-bound C. D. for and to the use of L. O. now Resident in France in the parts beyond the Seas the sum of c. if therefore the said C. D. his Executors or Administrators shall and do before the c. cause and procure the said J. O. to seal and deliver as his Deed to the use of the said A. B. his Executors and Administrators in the presence of two or three sufficient and credible witnesses a sufficient and lawful acquittance testifying the receipt of the said sum of c. and also if the said C. D. his Executors Administrators or Assigns do deliver or cause to be delivered to the said A. B. his Executors or Administrators at or in the c. the same acquittance sealed and delivered as aforesaid and certified under the hands of the same witnesses whole uncancelled and undesaced at or before c. and also do in the mean time save and keep harmless the said A. B. his Heirs Executors and Administrators and every of them and all and every of his and their Lands Tenements Goods and Chattels and every part thereof against the said L. O. his Executors Administrators and Assigns and every of them of and for the same sum of c. and every part thereof and of and from all Actions Suits Costs Charges Damages and Demands for or concerning the same and every or any part thereof that then c. or else c. A Condition to acknowledge satisfaction of a Judgment THe Condition c. That whereas the within-bound A. B. in M. term now last past hath obtained against the within-named L. O. in the Court commonly called c. a Judgment in an action of debt as by the Records in the said Court remaining c. if therefore the said A. B. do in Easter Term now next ensuing at the costs and charges of the said L. O. cause satisfaction to be acknowledged and entred upon Record in full discharge of the same Judgement that then c. or else c. A Condition to procure two to seal Releases for Legacies and to save harmless THe Condition c. That whereas R. B. late Citizen and Haberdasher of London and Brother to the above bound W. B. in and by his last Will and Testament did give and bequeath unto W. B. and F. B. Sons of the aforesaid W. B. their Father 40 l. a piece Legacies to be paid as in and by the said last Will and Testament of the said R. more at large appeareth And whereas also the above-named M. H. the now husband of R. the late Widow and Executrix of the said R. B. before the ensealing hereof at the earnest request and desire of the said W. B. the Father hath paid unto the said W. to and for the use and behoof of the said W. and F. his Sons the said Legacies of 40 l. a piece in lawful English Money the receipt whereof the said W. B. the Father doth hereby acknowledg and confess If therefore the said W.B. the Father or above-bound T. D. and W.F. or any of them their or any of their Executors Administrators or Assigns within twenty eight dayes next after that the said W. and F. B. Sons of the said W.B. the Father shall severally attain their several ages of 21 years shall give and deliver unto M. H. his Executors Administrators or Assigns good lawful and sufficient Releases or Acquittances under the hands and seals of the said W. and F. the Sons of the said W. of and for the said Legacies of 40 l. or else do in the mean time and also at all times afterwards acquit and discharge or else save and keep harmless and indempnified the said M. H. his Executors and Administrators from and against the said W. and F. B. the Sons of and for the said Legacies and also of and from all actions sutes troubles costs charges and damages that shall be commenced prosecuted or any way happen to or against the said M. H. his Executors Administrators or Assigns for or concerning the said Legacies by the said W. and F. or either of them or any other person for by or under them or either of them that then c. or else c A Condition that a Woman shall release her Dower THe Condition c. That if L.O. of W. Widow late Wife of T.O. of c. do before the c. by her writing under her hand and seal remit release and quit-claim unto the within-named R.O. such estate right title interest claim and demand whatsoever which she the said L.O. hath may might should or of right ought to have in or to all or any part of the Lands Tenements and Hereditaments which were the inheritance of the said T. O. her Husband deceased or any part thereof for or by reason of her Dower or of any Joynture heretofore made or by reason of any other right title or means whatsoever at any time before the date hereof come grown or accrued And also if the said within bound A. B. his executors administrators or assigns do before the c. leave and deliver or cause to be left and delivered to and for
as aforesaid that then one Recognizance in the manner of a Statute-staple bearing date c. taken and knowledged c. wherein the said F. M. standeth bound to the said I.M. in the sum of c. shall be utterly void and of none effect In witness c. An Assignment of an Extent upon a Statute THis Indenture made the c. between T.O. of c. of the one party and Sir L.L. of c. and L.B. of c. of the other party witnesseth That whereas T.R. of c. R.R. of c. and R.B. of c. by their Recognizance in the nature of a Statute Staple bearing date the c. taken and acknowledged before c. did acknowledge themselves to owe to the said T. O. the sum of c. payable as in and by the said Statute or Recognizance more at large appeareth And whereas also certain Writs of Extent bearing date the c. in the c. were awarded out of the Court of Chancery being directed to the then Sheriff of the County of York by vertue of which Writ so directed into the County of York the same then Sheriff did extend all that the Mannor or Capital Messuage c. in the c. and divers Lands Tenements c. as in and by an Inquisition thereof had and taken by the said Sheriff at R. in the County of York aforesaid bearing the c. then last past annexed to the said Writ of Extent and remaining of Record in the High Court of Chancery more at large it doth and may appear And whereas also afterward Sir M.W. Knight then Sheriff of the said County of York by vertue of a Writ of Liberate likewise directed to the said Sheriff hath delivered possession and seizin of the said Mannor or Capital Messuage and of and in divers Lands Tenements Meadows Feedings and Pastures with their appurtenances in M. aforesaid in the said County of York c. unto the said T. O. to have and to hold the said recited premisses in the said Writ mentioned unto him the said T. O. and his Assigns as his Free-hold untill the said debt of c. with costs charges and damages should be of the said Mannor Lands and Tenements so extended and delivered should be paid as in and by the said Writ of Liberate remaining of Record in the High Court of Chancery more at large appeareth Now this Indenture further witnesseth That the said T. O. for and in consideration of a competent summe of good and lawful money of England to him in hand at and before the ensealing and delivery of these presents by the said Sir R. L. and L. B. well and truly contented and paid whereof and wherewith he acknowledgeth himself fully satisfied and paid and thereof and of every part and parcel thereof doth clearly quit exonerate and discharge the said Sir R. L. and L. B. their Heirs Executors Administrators and every of them for ever by these presents hath given granted bargained sold assigned and set over and by these presents doth fully clearly and absolutely give grant bargain sell assign set over unto the said Sir R.L. and L.B. their executors administrators and assigns all the estate right title interest property claim and demand whatsoever which he the said T.O. now hath or had or may might or ought to have of in or to the said Mannor or Capital Messuage Lands Tenements Hereditaments and Premisses in M. aforesaid and of in and to the moiety c. and of in and to every part parcel thereof with the appurtenances by force and vertue of the said extent inquisition and Liberate aforesaid and every or any of them or in them or any of them contained to have and to hold occupy possess receive take and enjoy the said Mannor of M. the said moiety of c. and all and singular other the premisses before mentioned with their appurtenances together with all rents issues profits commodities and advantages thereof whatsoever unto the said Sir R.L. and L.B. their Heirs and Assigns to the only proper use and behoof of them the said Sir R.L. and L. B. their Heirs and Assigns for ever for and during the term and continuance of the said Extent untill the said sum of c. with the costs damages and charges be out of the said Mannor and other the premisses extended as aforesaid fully satisfied contented and paid as is aforesaid In witness c. A Condition for finding Apparel for an Apprentice by his Friends THe Condition That whereas J. R. Son of the within-bound E. R. by his Indenture of Apprentiship bearing date c. last past before the date within-written hath put himself Apprentice to the within-named H. S. to the Art which he now useth and with him to serve and dwell after the manner of an Apprentice from the day of the date of the same Indenture for and during the term of eight years from thence next ensuing and fully to be compleat and ended as by the same Indenture may appear And whereas it is intended and agreed upon by and between the said E. R. and H. S. that he the said E. R. his Executors or Administrators or some of them shall from time to time and at all times during the said term of eight years find and provide to and for the said J. K. good sufficient and necessary Rayment and Apparel as Doublet Hose Shooes Stockings Shirts Bands Cloak Hat and all things needful and convenient for such an Apprentice If therefore the said E. R. his Executors Administrators or Assigns do and shall yearly and every year at or before the Feast of Easter during all the said term of c. find and provide to and for the said J. R. such sufficient Rayment and Apparel as aforesaid and at all other time and times needful during all the said term or otherwise in default thereof well and truly pay or cause to be paid unto the said H. S. his executors administrators and assigns at or in c. the sum of 3 l. 6 sh 8 d. of c. for and towards the said Apparel on or before the said Feast-day of the Ascension of our Saviour in every year yearly during the said term without fraud or coven that then this c. A Condition for Money given by Will to be lent gratis THe Condition c. That whereas A.B. c. by his last Will and Testament bearing date c. did give and bequeath unto the Parson and Church-wardens of the Parish of c. the sum of c. to be lent unto young men of the said Parish upon sufficient Sureties for two years gratis and so from two years to two years to some other young men of the same Parish by 10 l. a man without paying any consideration for the same as by the same Will more at large may appear of which said sum of c. the within-bound W.L. the day of the date within-written hath had and received 10 l.
amends rendred 14. If a Tenant upon an arbitrement give a Release to the Landlord whether will that Release free any other that the Landlord hath caused to wrong the Tenant Ans For any thing that any other hath done joyntly with the Lord wherein the Tenant was indamaged this Release may be pleaded in Law but not in actions done by any other without the Lords joyning A Charter-party with extraordinary Covenants and Clauses therein contained THis Charter-party made and indented the Three and twentieth day of August in the year of our Lord God One thousand six hundred thirty and eight according to the new stile between H C. of Slego in the Kingdom of Ireland Merchant of the one part and R. T. of Newcastle upon Tine Master under God of the good Ship called the William of Newcastle burthen Fourscore Tuns or thereabouts of the other part witnesseth That the said Master hath letten to Freight the said Ship unto the said Merchant and to the said Merchant hath hired her for a Voyage by Gods grace to he made in manner and form following that is to say the said Master for him his Executors Administrators and Assigns doth covenant promise and grant unto and with the said Merchant to take receive and load in his said Ship the William all such goods and Merchandizes as the said Merchant shall please to put aboard her and the said Ship can conveniently carry over and above her Victual Tackle and Appurtenances and with the next good wind and weather which God shall send to depart hence and sail directly for the Island of Scotland called by the name of the Liewes to a Port lying there called L. of Holiard or to any other convenient Port or Harbour in the said Liewes where other Shipping goeth to take in Fish and the said Merchant shall appoint and there with all expedition to discharge all or any of the said goods and re-lade fish to the full and sufficient loading of the said Ship and being dispatched to depart thence and sail directly for the Downs or any other Place or Places Port or Ports where the Merchant or his Assigns shall please to order him there to discharge and deliver the said fish and other goods whatsoever loaden by the said Merchant or his Assigns in the said Ship and so to finish and end the said intended Voyage And the said Merchant for him his Executors Administrators and Assigns doth covenant promise and grant to and with the said Master not onely to go with him in Person for the said Liewes and there to load the Ship with Fish or any such other Goods as he shall please and thence to Sail with them for the Place or Port of their discharge but also then and there before Bulk-breaking to give sufficient security unto the said Master for the payment of his Freight and after safe delivery of his said Goods to pay for Freight 50 l. sterling per moneth for so long time as the said Ship hath been in Service of the said Merchant the dayes lesse than a moneth after the same rate the moneths pay to begin on Fryday next the Seven and twentieth day of this present moneth and to end when the last goods are delivered out of the said Ship at the place of her right discharge and the said Freight to be paid within dayes at the longest with Averige and Primage according to the Custom of the Sea And moreover The said Merchant doth promise to provide the said Master a sufficient Pilot to bring the said Ship in and out of the Liewes and to pay all other Pilotage Anchorage and other Duties which in any Port or Harbour during the said Voyage shall or may be claimed in respect of the said Ship and Goods and to provide the said Ship of sufficient Convoy if he the said Merchant or his Assigns do require that the said Ship shall make her Discharge in any unfree place Provided That the said Master in his going for the said Islands or Liewes is to put into Tinmouth-Haven there to victual and provide himself which time from his first coming in until his coming out again to Sea is not to be reckoned to the Merchants charge And the said Master doth promise and warrant his Ship to be strong and stanch and to Man and Victual her fitting to perform the said Voyage with all other necessary Appurtenances For the true performance of all which Premisses the said Parties do bind themselves unto each other in the penalty of 500 l. sterling to be paid by the party defective unto the party observant And it is agreed by and between the said Parties That the Monethly Freight above-mentioned shall run and continue until the same Freight be fully paid and that the said Master shall not abide or tarry in Tinmouth-Haven longer than six dayes if wind and weather serve Provided That the half-deck and fore-castle is to be for the Masters use and stowage In witness whereof the said Parties unto two Charter-parties of this tenor interchangeably have put their hands and seals Dated in c. the day and year above-written A Deed to revoke several uses in settlement according to a power therein reserved TO all Christian People to whom this present Writing shall come Sir R.C. of Slefford in the County of Lincoln Baronet sendeth greeting in our Lord God everlasting Whereas in and by one Indenture bearing date c. and made between Sir R. C. on the one part and I.S. Gentleman servant of the said Sir R. C. on the other part There is amongst other things one proviso contained in these or the like words in effect hereafter following that is to say Provided likewise that it is hereby further declared and agreed by and between the said parties to these presents and the true intent and meaning of them and of these presents is that if the said Sir R. C. shall at any time hereafter during his natural life be minded or purposed to alter determine revoke or make void all or any of the use or uses estate or estates trust or trusts herein before mentioned declared limited or appointed and shall by any Deed or Writing to be by him the said Sir R. C. sealed and subscribed in the presence of two or more credible witnesses declare and publish his mind intent and meaning to be to revoke alter or make void and frustrate the said several uses estate and trusts before in these presents mentioned declared limited or appointed or any of them of for or concerning the said Castle Mannors Messuages Lands and Premisses or any of them or any part or parcel of them or any of them that then from and after any such declaration or publication so to be made as aforesaid the same use and uses estate and estates trust and trusts in and by these presents limited expressed declared or appointed of for and concerning the which any such declaration or publication shall be made as aforesaid shall cease and
become utterly void frustrate and of none effect to all intents constructions and purposes whatsoever and that then and at all times from thenceforth the said J. S. and his Heirs and all and every other person and persons standing and being or which at any time hereafter shall stand and be feized of the said Castle Mannors Lands and Premisses shall stand and be seized of the same or of such part or so much thereof concerning the which any such declaration or publication shall be made as aforesaid to such uses intents trusts and purposes as the said Sir R.C. in or by any such deed or writing as is aforesaid or by any other Deed or writing to be by him the said R.C. sealed and subscribed in the presence of three or more credible witnesses shall declare limit or appoint and for default of such declaration limitation or appointment to the use and behoof of the said Sir R. C. his Heirs and Assigns for ever and to or for none other use intent meaning or purpose whatsoever as in and by the said Indenture amongst divers other Provisoes and things therein contained more plainly and at large it doth and may appear Now know ye That I the said Sir R.C. do by this my present Deed or Writing sealed and subscribed by me the said R. C. in the presence of three credible witnesses declare and publish my mind intent and meaning to be to revoke alter and make void and frustrate and I do by these presents revoke alter and make void and frustrate all and every the use and uses estate and estates trust and trusts in and by the said Indenture declared limited or appointed of for and concerning all and every the Castle Mannors Messuages Lands Tenements Advowsons and all other Hereditaments mentioned contained and specified in the said Indenture with their and every of their appurtenances and of for and concerning every part thereof And I do hereby further declare limit and appoint That the said Castle Mannors Messuages Lands Tenements Advowsons and all other Hereditaments with their appurtenances shall remain and be and that the said J. S. and his Heirs and all and every other Person and Persons standing and being or which at any time hereafter shall stand and be seized of and in the same shall stand and be seized thereof to the use and behoof of me the said Sir R. C. my Heirs and Assigns for ever and to and for none other use intent meaning or purpose whatsoever In witnesse whereof I the said R. C. have hereunto set my Hand and Seal the 28. day of February in the year of our Lord God according to the computation used in England 1651. An Indenture of Co-partnership between four Merchants THis Indenture Quadriparâ—ite made the c. between R. B. Citizen and Goldsmith of London of the first part W. C. Citizen and Goldsmith of London of the second part T. B. Citizen and Goldsmith of London of the third part and T. L. of London Merchant-Adventurer late Servant of the said R.B. on the fourth part witnesseth That the said R.B. W.C. T.B. and T.L. in consideration of the fidelity trust confidence and good opinion which every one of them alwayes hath had and yet hath and reposeth in every other of them have joyned themselves to be Co-partners together in the Trade of Merchandizing that is to say in buying selling uttering vending or retailing of all sort and kinds of wares and all other kinds of businesses to the Trade of a Merchant incident belonging or appertaining and the said Co-partnership to continue between them from the first day of this instant Month of March for and during the term and space of three whole years from thence next ensuing and fully to be compleat and ended And to that end and purpose they the said R.B. W.C. T.L. and T.B. have before the day of the date of these presents delivered into stock to be used and imployed in the said Trade of Merchandizing as well within the Territories of England as elsewhere in several places in the Parts beyond the Seas in Money Cloth Wares Debts Merchandizes Adventures abroad and here in England Adventures now already upon the Seas and beyond the Seas such several stock and stocks and Sum and Sums of Money as are specified and expressed in a Schedule indented to these presents annexed of the particular and proper Stock severally put in and severally belonging to each one of the said several parties for their several quantity and proportion being in the said Schedule severally set down mentioned and declared as by the same more fully and plainly it doth and may appear It is now covenanted granted concluded condescended and fully agreed by and between all the said Parties to these presents and each one of the said several Parties for himself respectively and for his own particular part and for his own several and particular Executors and Administrators do and doth severally and not joyntly covenant grant promise and agree to and with every and each other of the said Parties his and their several Executors and Administrators by these presents in manner and form following that is to say That every and each of the said Parties for himself during and by all the said space of three years if all the said Parties shall so long live shall continue and abide together as joynt-Occupiers and Partners and that every and each of the said Parties shall from time to time during and by all the said term if they shall so long live do their and every of their reasonable endeavours and diligence by all the ways labours and means that each of them can or possibly may to the uttermost of their power wit cunning and knowledge and for the most benefit profit and advantage of every and each other faithfully and truly imploy buy sell and merchandize with all such and so much of the said whole stock as shall in all manner of wise come to be committed to each one of their several charge dispositions and government and the gains and encrease of every such part And it is the true intent and meaning of all the said Parties to these presents That the said W. C. shall manage the businesse and affairs for c. in the Parts of Spain during the good liking of the said R.B. and there for the most part reside and have his continuance and being the said T. L. to manage the businesse and affairs for Stoade Germany and those Parts during the good liking of the said R.B. and there be for the most part to reside and have his continuance and being and the said R.B. and B.T. to manage the businesse and affairs for England And it is covenanted granted and agreed by and between all and every the said Parties to these presents That all such gain profit and encrease as God shall send and as shall come grow or arise by reason of their said Trade and joynt-occupying as is aforesaid shall be from time
these presents in case the estate thereof had been perfectly assured unto them or any of them according to the true meaning of these presents In witnesse whereof as well the said V. as the Feoffees have put c. Memorandum of the Seizin executed with the Tenants of one of the said Mannors Atturnment MEmorandum That the sixteenth day of c. Livery of Seizin was delivered and given by W. W. one of the Atturneys mentioned in the Indenture hereunto annexed of in and upon the Lands of the Farm of O. parcel of the Mannor of T mentioned in the said Indenture and also of in and upon the Mannor-house and demesne-Lands of T. by the assent of J. P. Lessee for years of the same saving his term and also of in and upon the Coppice-woods called T. P. to R. B. one of the Feoffees contained in the said Indenture according to the tenour purport and intent mentioned in the said Indenture and for and in the name of the said Mannors of T. and all other the Lands Tenements and Hereditaments mentioned in the said Indenture scituate and being within the said C. and in the name and behalf of all the Feoffees mentioned in the said Indenture And the Tenants of the said Mannor whose names are immediately under-written at the same execution hearing the Indenture read did atturn and fully assent to the same according to the tenour purport intent and uses in the same Indenture mentioned An Indenture for the equal division of Goods where there are four Administrators together they bearing and allowing me with another equal parts of Charges in Law in getting in the same and like parts of all recovered against them THis Indenture Quadripartite made between J. C. of c. on the first part W. C. of c. of the second part c. Whereas the said J. C. and A. his Wife W. C. and A. his wife H. H. and H. his wife and N. C. and E. his wife in the right of the same their wives together with J. H. brother of their said wives have had and taken upon them the Administration of the Goods and Chattels of C. W. widow deceased late the wife of J. W. late of L. Dyer deceased And whereas also so much of the goods chartels and debts which were of the said C. as are already come to his hands are divided into five several parts whereof every of the said J. C. W. C. H. H. and N. C. in the right of their said wives and also the said J. H. have severally had and taken their several parts of the same and now are thereof severally possessed Now this Indenture witnesseth That it is covenanted granted and agreed between the said Parties and the said J. W. H. and N. for themselves and their said wives and for their Executors and Administrators and for the Executors and Administrators of every of them do severally covenant grant and agree every of them with the other by these Indentures in manner and form following viz. That all the residue of the goods chattels and debts which were of the said C. in possession or in right which at any time or times hereafter shall come to the hands of any of the said Parties or of the Executors or Administrators of any of them shall be divided and parted into 5. equal parts as aforesaid from time to time as the same shall happen to come to the hand of any of them whereof the said J. H. to have one part of the said five parts and that then the other four parts thereof shall from time to time be equally divided betwixt the said J. W. H. and N. and their several Executors and Administrators without benefit of Survivorship by any means to grow to such of the said Parties or their wives as shall fortune to survive And it is further covenanted betwixt the said Parties in form aforesaid severally That if any Action or Sute be now depending or hereafter shall be commenced against the said Administrators of the said C. W. or any of them for any thing wherewith they shall be chargeable in the Law by reason of the said administration by them taken as aforesaid That then in every such case the said J. W. H. and N. their Executors and Administrators and every of them severally for his own part upon notice and request made and given by any one of them to the other or by any of their Executors or Administrators shall bear and pay one equal fourth part of all charges and expences to be laid out in the defence of any such Sute and one like fourth part in execution and to the satisfaction of any Judgment and Recovery which shall happen to be given or had against them or any of them in any such Sure or Action as aforesaid And that they the said J. W. H. and N. their said Wives their Executors or Administrators and the Executors or Administrators of every of them severally for their own part upon like reasonable request shall and will do knowledge and suffer in the Law towards the other of them all and every thing and things which from time to time shall be requisite or needful to accomplish and perform their Accord Covenant and Agreements made amongst them by these presents according to the purport and true meaning of the same And moreover That they the said Parties their Executors and Administrators and every of them upon like request as aforesaid shall notifie expresse and truly declare from time to time to the other all such goods chattels and debts whatsoever which were of the said C. and which they shall know and understand to be in any place or custody and not parted distributed severed and divided according to the tenor and effect of these presents to the intent every of them may have his or their equal parts thereof according to the tenour of these presents without fraud or coven And that for recovery of any debts goods and chattels which were of the said O. to be had and recovered to and for the use of the said Parties their Executors and Administrators and of the said J. H. and in manner and form aforesaid They and every of them shall for their equal four parts bear and sustain one equal fourth part of all costs and charges in and about all and every the said Recovery and Recoveries to be born and sustained from time to time as shall be needful and reasonable And it is further covenanted granted and agreed betwixt the said Parties the said Parties and every of them do also for them their Executors and Administrators severally covenant and grant to and with the other by these presents That if it fortune the said J. H. do dye intestate by reason whereof any of the goods chattels money plate or jewels of the said J. shall grow or come by reason of Law unto the said Parties or their wives or any of them that then the Survivor or Survivors of the said Parties or their said
the said Lands are or may be charged and for saving him harmless from all damages whatsoever which may or might at any time hereafter happen to fall upon the said T. G. his Heirs or Assigns or or upon any of the said lands and premisses of any other the Lands of the said T.G. for or by reason of any the debts of the said I.C. and W. C. his deceased father or either of them and whereas the said T.G. at the time of the ensealing of the presents at the request of the said R.I. hath paid the said sum of 628 l. to the said I.C. and R.I. or one of them or to such as were appointed by them or one of them to receive the same Now that the said R.L. and I.C. have received the said sum of 628 l. of and from the said T.G. the receipt whereof they do hereby acknowledge and that the same in the last payment and in full satisfaction of and for all the Lands Tenements and Hereditaments which the said I. C. had in the County of O. and which the said T. G. purchased and thereof and of every part and parcel thereof they do clearly and absolutely acquit and discharge the said T. G. his Heirs Executors and Administrators for ever by these presents And in consideration of the premisses the said R. I. and I. C. do for themselves joyntly and either of them for himself severally doth covenant promise and grant to and with the said T.G. his Heirs Executors and Assigns that they the said R.I. and I.C. shall and will from time to time and at all times hereafter save defend and keep harmless the said T.G. his Heirs Executors and Assigns and also all the said Lands and Premisses in C. aforesaid or elsewhere in the County of O. so purchased by him the said T.G. and all others his Lands Tenements Goods and Chattels of and from all loss and damage whatsoever which shall happen arise or befall for or in respect of any the debts of the said W.C. and I.C. or of either of them In witness c. A Proviso to be inserted in a Lease or a power of Revocation reserved PRovided always That if the said c. his Executors or Administrators or any of them shall at any time hereafter pay or tender unto the said W.W. his Executors c or to any other person or persons whatsoever to and for the use of the said W.W. his c. the sum of 12 l. of lawfull money of England to the intent to make void this present Lease and Demise and shall express and declare such his her or their intention either by word or writing that then and from thenceforth this present Lease and Demise shall cease and be void In witness c. A Presentation of a Minister to a Living decording to the Form now used TO all Christian People to whom this present Writing shall come we A.B. and C.D. the true and undoubted Patrons of the Vicaridge or Parish-Church of C. in the County of S. send greeting for as much as the said Vicaridge or Parish-Church is lately by the death of E.F. the late Incumbent there become void and in our full right of Presentation we do therefore hereby present you G. H. Clerk Mr. of Arts unto the Church of C. aforesaid and to the Vicaridge thereof to have hold and enjoy the same with all and every the rights members and appurtenances thereunto belonging according to several former and late Acts of Parliament in this case provided doing and performing the duties of a Pastor belonging to the said Church In witness whereof we have hereunto subscribed our names and set our seals this _____ day of _____ in the Year of our Lord God One thousand six hundred and fifty two A Lease of a Parsonage impropriate for three lives upon surrender of a former Lease with extraordinary Covenants with a Letter of Atturney to deliver possession together with the Execution thereof endorsed THis Indenture made the 5th day of March in the Year of our Lord God 1651. Between R.S. of the City of Oxford Gent. of the one part and W.P. of London Esq of the other part Witnesseth that the said S. W. for divers good causes and considerations him hereunto moving and especially in consideration of a Surrender made to the said W.C. of a Lease now in being for three lives bearing date the 28. of March in the Sixth year of the Reign of the late King Charles made by I.S. father of the said W.S. party to these presents deceased to Sir H.M. deceased of the parsonage of Bray and other things hereafter in these presents mentioned hath demised granted and to farmlet and set to the said W.P. the scite of the parsonage of Bray in the County of B. and all the houses upon the said scite builded arable Lands Meadows Leasows and Pastures Demesnes as well in several as in common to the said Parsonage belonging and all the Rents of all the Tenements of the said W. S. as well Freeholders as Customary Tenants and all the Tithings of Corn and Hay to the said Parsonage belonging with all other the profits and commodities to the said Parsonage belonging or appertaining except and to the said W.S. and his Heirs and Assins alwayes reserved all Wards Marriages Reliefs Escheats Fines Heriots Amerciaments Woods and Underwoods and the Advowson of the Parish-Church of Bray when and as oft as it shall be void To have and to hold the said scite of the Parsonage aforesaid and all the said Houses Lands Meadows Leasows Pastures Tithes and other the premisses with all and singular the commodities and profits thereunto belonging with their appurtenances except before excepted to the said W. P. his Executors Administrators and Assigns for and during the lives of the said W.P. and M.P. his wife and T.P. Son of the said W.P. and for and during the natural life of the longer liver of them or any of them yielding and paying therefore yearly during the said Term unto the said W.S. his Heirs and Assigns Four pounds of good lawfull money of England at four Feasts or Terms of the year That is to say at the Feast of Saint Thomas the Apostle the annuntiation of the blessed Lady Saint Mary the Virgin the Nativity of Saint John the Baptist and St. Michael the Arch-angel by even and equal portions and if it happen the said yearly rent of Four pounds or any part or parcel thereof to be behind and unpaid after any of the said Feasts above limited for payment thereof during the said Term by the space of one month that then it shall be lawfull to and for the said W.S. his Heirs and Assigns into the the said scite and all other the premisses to enter and distrain and the distresses there taken to lead drive and carry away and do detain in the same till the said Rent and the Arrerages thereof if any shall be they shall be fully satisfied and contented and if
and written out at the costs and charges of the said Sir R. D. his heirs and assigns All which said Writings and Evidences the said R. H. doth hereby covenant for him his heirs and assigns to and with the said Sir R. D. his heirs and assigns to deliver unto him the said Sir R. D. his heirs or assigns at or before the Feast of St. J. the Apostle next ensuing the date hereof safe whole uncancelled and undefaced To have and to hold the said Mannor or Lordship Advowson Rectory Chantrey Messuages Tenements Farm Lands Meadows Pastures Hereditaments and all other the premisses with their and every of their appurtenances unto the said Sir R. D. his heirs and assigns to the only c. And the said R. H. for himself c. doth Covenant c. That he the said R. H. now is and at the time of the first executing of an estate of the said Mannor and premisses by force of these presents unto the said Sir R. D. shall be lawfully and absolutely seized in his Demesne Seized in see-simple as of Fee-simple to him and his heirs of and in the said Mannor Messuages Lands Tenements Advowson Hereditaments and Premisses with their appurtenances without any manner of Condition or Limitation of any Use of Uses to alter change determine or make void the same and without any Reversion or Remainder thereof or of any part thereof in his Kings Majesty his Heirs or Successors being made or limited by the said R. H. or I. H. his Uncle deceased whose heir the said R. H. now is And that he now hath and then shall have good right full power and lawful Power to Alien and lawful and absolute authority to grant bargain sell and convey the said Mannor Lands and all other the premisses with the appurtenances unto the said Sir R. D. his heirs and assigns according to the true intent and meaning of these presents notwithstanding any Act had made done or suffered by the said R. H. or the said I. H. his said Uncle or either of them And that the said Mannor Messuages Lands Advowson and all other the premisses with their and every of their appurtenance Freed from Incumbrances now are and so shall and may for ever hereafter remain continue and be unto the said Sir R. D. his heirs and assigns free and freely and clear and clearly acquitted exonerated and discharged of and from all and all manner of former and other Gifts Grants Leases Joyntures Dowers Uses Wills Intails Annuities Statutes-Merchant and of the Staple Recognizances Bonds Judgements Executions Extents Seizures Condemnations Rents arrerages of rents Intrusions Forfeitures Mortgages Fines for Alienation without licence Debts of Record Debts to his Majesties Estate Tithes Troubles Charges and Incumbrances whatsoever had made committed done or suffered by him the said R. H. or by his Assent Consent Act means or procurement or by J. H. his said Uncle or either of them An Exception of Leases One Lease for the term of 20 years to be accounted from the Feast of the Annuntiation of of our Lady St. Mary the Virgin in the year of our Lord God c. of parcell of the premisses made by the said R. H. to one I. D. wherein the yearly rent of Nine pounds is reserved One other Lease for the term of 22. years to be accounted from the Feast of St. M. in the Eighteenth year of the Reign of our late Soveraign Lord King James over England c. of other parcel of the premisses made by the said R. H. to one C. O. and whereupon the yearly Rent of 20 l. is reserved One other Lease c. All which said several Rents shall from henceforth be due and payable to the said Sir R.D. his heirs and assigns during the several and respective terms aforesaid And further The said R. H. and I.H. for themselves Govenant for quiet enjoying c. do Covenant c. with the said Sir R. D. c. That he the said Sir R.D. his heirs and assigns and every of them shall and may for ever hereafter quietly and peaceably have hold occupy possesse and enjoy the said M. Farm Advowson Lands and Premisses with their and every of their appurtenances without the let suit trouble disturbance denial molestation interruption or eviction of them the said R. H. and I. H. oâ— either of them their or either of their heirs or Assigns or any 〈◊〉 them And without the lawful Let Suit Trouble Denial Molestation Interruption or Eviction of all and every other person 〈◊〉 persons whatsoever lawfully claiming by from or under theâ— the said R. H. and I. H. or either of them their or either of the estate right or title or by from or under I. H. deceased Unclâ— of he said R. H. except before excepted And also that they thâ— said R. H. and I. H. parties to these presents and either of them For further assurance their and either of theâ— heirs and assigns and M. now the wife oâ— the said R.H. and every of them shall and will from time to time and at all times hereafter c. And it is hereby declared concluded c. That all Fines Feoffments Recoveries and all other assurances whatsoever had made levied suffered or executed to be had made levied suffered or executed by or between the said parties to these presents or any of them of the said M. and premisses or of any of them shall be and enure and hereby and by all the parties to these presents are agreed to be and enure To the only proper use and behoof of the said Sir R. D. and of his c. and to none other use intent or purpose whatsoever In witnesse c. Sir Alex. D. being seized of the Mannor of B. in Corn. O. for life with Remainder to his first Son and his heirs with Remainder to his second Son and so to the tenth Son sell the Mannor-House and half the Lands to Sir T.R. which to secure settles the Mannor of C. by the Collateral Deed and Bargain and Sale ut sequitur THis Indenture made the day of c. between Sir A.L. on the one part and Sir T.R. on the other part Whereas the said Sir T.R. at the ensealing and delivery of these presents hath paid unto the said Sir A.D. the Sum of 2000 l. of currant money of England in Consideration whereof the said Sir A. D. Dame M. his wife and the heirs of the said Sir A. are to convey and assure unto the said Sir T.R. his heirs and assigns All that the Mansion-house and Capital Messuage of the said Sir A.D. with all Houses Edifices Barns Stables Buildings Yards Orchards and Gardens with their and every of their appurtenances situate lying and being in G. B. in the County of O. And also all Trees Furzes Woods and Under-woods with their and every of their appurtenances stâ—ndâ—ng growing lying and being in all or any the Closes and parcels of ground herein after
whereas W. P. of c. R. W. F. K. and D.G. of c. being Customary Tenements of the said M. of B. did surrender into the hands of I. G. being Lord of the said M. All and singular the Customary Messuage Lands Tenements and Hereditaments before mentioned To the use and behoof of us the said W.N. and R.F. to the intent and purpose that the said I. G. or other the Lords of the said M. or their Stewards for the time being at the next Court-Baton to be holden for the said Mannor should admit or cause us the said W.N. and R. F. to be admitted Tenants unto all and singular the said c. As by the said Surrender bearing date c. relation being thereunto had may more fully and at large appear Now know ye That we the said W. N. and R. F. for the manifesting of the truth of the said Surrender and for the avoiding and clearing of all questions and doubts which hereafter may arise or grow touching or concerning the said Surrender taken in our names as aforesaid do hereby freely and voluntarily acknowledge express and declare that the said Surrender was made taken and done by the special direction and appointment of the said E.R. in trust to and for the onely use benefit and behoof of him the said E. R. his heirs and assigns for ever and to and for no other use intent or purpose whatsoever And therefore we the said W.N. and R.F. do by these presents freely and absolutely disclaim any other estate right title or interest claim or demand which we or either of us now have or hereafter may or can have claim or demand in or to the said Customary Messuages Lands and Premisses or any part thereof but such as we have only by the trust reposed in us by the Surrender before expressed In witnesse whereof we the said W. N. and R. F. have hereunto set our hands and seals c. A Lease in trust THis Indenture made c. between Sir R.D. of c. on the one part and W. D. of c. R. H. of c. and T. S. of c. on the other part witnesseth That the said Sir R. D. for divers good causes and considerations him moving hath demised granted set and to farm-letten and by these presents doth c. unto the said W.D. R. H. and T. S. their Executors and Assigns All that the Mannor of A. with the rights members and appurtenances thereof in the said County of B. and all Messuages Lands Tenements and Hereditaments whatsoever of him the said Sir R. D. situate lying and being in A. aforesaid in the said County of B. And also all that Close of Land in the Parish of N. in the said County of B. called the Warren-Hill with their and every of their appurtenances And all wayes easements passages profits Commons and Commodities whatsoever belonging to the said Mannor and Premisses and to every or any of them except all Timber-Trees growing on the premisses or any part thereof To have and to hold the said Mannor and all other the premisses with their and every of their appurtenances unto the said W.D. R.H. and T. S. their Executors and Assigns from the Feast of c. last before c. for and during and unto the full end of 24 years c. Yielding a Pepper-Corn c. Nevertheless upon this special trust and confidence and to the intent and purpose that they the said W.D. R.H. and T.S. their Executors and Assigns shall permit and suffer him the said Sir R. D. and his assigns during his life to hold and enjoy the said Mannor and Premisses and to receive and take the Rents Issues and Profits thereof to his and their own use without Impeachment of any manner of waste And also that they the said W.D. R.H. and T.S. their Executors and Assigns from and after the decease of the said Sir R. D. shall permit and suffer J. D. Esq Son and Heir apparent of the said Sir R.D. and his heirs to hold and enjoy and to receive and take the Rents Issues and Profits of the said Mannor and Premisses for so long time as he the said J.D. and his heirs shall permit and suffer M. D. and K. D. Sons of the said Sir R. D. his heirs and assigns severally and respectively to hold and enjoy according to their several and respective Estates and Limitations to them severally and respectively made appointed or to be made and appointed in Trust for them or either of them by the said Sir R. D. their Father of all that the Mannors of E. and T. in T. with their and either of their Rights Members and appurtenances thereof in the said County of B. and all that the Rectory and Parsonage impropriate of T. aforesaid and of all that third part of the Mannor of C. with the Rights Members and Appurtenances thereof in the said County of B. And also to the intent and purpose that if the said J. D. his heirs and assigns shall at any time during the term hereby demised disturb hinder or molest the said M. D. and R. D. the son or either of them their or either of their heirs or assigns in the quiet holding or enjoying of all or any the Mannors Lands Tenements or Hereditaments to them or in Trust for them severally and respectively limited and appointed by the said Sir R. D. their Father as aforesaid or shall crosse or hinder any the limitations or estates made or appointed by the said Sir R. D. to or for the said M. and R. D. as aforesaid whereby or by reason whereof they the said M. D. and R.D. the son or either of them their heirs or assigns shall not or may not quietly hold and enjoy and take the profits of the Mannors Lands Tenements and Hereditaments to or for them or either of them severally and respectively limited and appointed by their Father Sir R.D. as aforesaid That then and immediately from and after such disturbance and hindrance used and done by the said J. D. his heirs or assigns They the said W.D. R.H. and T. S. their c. shall permit and suffer them the said M. D. and R. D. their heirs and assigns severally and respectively to take and receive the Rents Issues and Profits of the Mannor of A. and all other the premisses hereby demised for all such time and terms of years as shall be to come and unexpired at the time of such Disturbance and hinderance made or done by the said J.D. his c. Provided alwayes That if the said Sir R. D. at any time during his life shall be minded to make void these presents and the Estate hereby granted and shall by any writing under his Hand and Seal subscribed in the presence of two credible persons or more declare such his mind and intention for the making void thereof That then from and after such Declaration in writing made and subscribed by the said Sir R.D. as aforesaid This
them and their heirs or to some of them and their heirs of and in all and every the premisses with the appurtenances And that for and notwithstanding any such act or thing by them the said W.S. c. or by any other of them done or suffered to the contrary as aforesaid they the said W.S. c. now have or some of them now have or hath and shall have good right full power Power to alien and lawful authority togrant bargain sell and convey the Premisses with the appurtenances unto the said I. M. his Heirs and Assigns according to the intent and meaning of these presents And that the said Messuage Tenement or dwelling-house closes lands Freed from Incumbrances and all other the premisses with the appurtenances now are and so shall and may for ever hereafter remain continue and be unto the said I. M. his heirs and assigns free and freely and clear and clearly acquitted exonerated and discharged of and from all and all manner of former and other bargains sales gifts grants leases Joyntures Dowers Uses Wills Intails Annuities Statutes Merchant and of the Staple Recognizances Bonds Judgements Executions Extents Condemnations Rents Arrerages of Rents Intrusions Forfeitures Issues Amerciaments and of and from all other Estates Titles Troubles Charges and Incumbrances whatsoever had made committed done or suffered by them the said W. S. c. or by any or either of them or by their or any or either of their means assent consent or procurement The Rents and Services from henceforth to be due and payable for the premisses to the chief Lord and Lords of the Fee or Fees of the premisses for and in respect of their Seigniorities of the same only excepted and fore-prized And that he the said I. M. Quiet enjoying his heirs and assigns and every of them shall and may for ever hereafter quietly and peaceably have hold occupy possess and enjoy the said Messuage Tenement or dwelling house Closes Lands and all other the premisses with the appurtenances without the let suit trouble disturbance denial molestation interruption or eviction of them the said W. S. c. and every and either of them their and every and either of their heirs and assigns And with out the let sute molestation interruption or eviction of all and every other person or persons whatsoever lawfully claiming by from or under them or any or either of them their or any or either of their estate right or title And also that they the said W. S. c. Further assurance their heirs and assigns and every and either of them shall and will from time to time and at all times hereafter during the space of seven whole years next ensuing the date hereof at the requests and costs in Law of him the said I. M. his heirs and assigns do make suffer acknowledge and execute and cause and procure to be done made suffered acknowledged and executed all and every such further and other lawful and reasonable act and acts thing and things devise and devises assurance and assurances in the Law whatsoever for the further better and more perfect assurance surety sure-making and conveying of the said Messuage Tenement or dwelling house closes lands and all other the premisses with the appurtenances unto the said I. M. his heirs and assigns Be it by Fine Feoffment Release Confirmation with warranty of them the said W.S. c their and every or any of their Heirs and Assigns Recovery or Recoveries with single or double Voucher or Vouchers Deed or Deeds enrolled or not enrolled the enrollment of these presents or by all or any the said wayes means or by any other lawfull or reasonable wayes 〈◊〉 means in the Law whatsoever without warranty or with the like warranty as aforesaid as by him the said I. M. his Heirs and Assigns or his their or any of their Councel learned in the Law shall be reasonably devised or advised and required All which further or other assurance by fine or otherwise shall be and enure and hereby are and shall be adjudged deemed and taken to be a◠enure To the onely proper use and behoof of the said I. M. his c. An Indenture of Bargain and Sale of a Messuage and Lands in consideration of a Surrender of a Lease of other Lands with good Covenants THis Indenture made c. between R. D. of T. in the County of c. Whereas the said K. C. now holdeth by Lease for certain years yet to come one Messuage or Tenement with the appurtenances thereunto belonging wherein the said K. C. doth now inhabit and dwell scituate and being in F. aforesaid and divers Closes Lands Meadows Pastures Wood-grounds and Hereditaments thereunto belonging or appertaining lying and being in F. aforesaid the Reversion and Inheritance in Fee-simple of which said Messuage Lands and Premisses now being in and belonging unto them the said R. D. and I. P. and their heirs And whereas the said K. C. hath and hereby doth Surrender up grant bargain and sell all her right title estate interest term for years claim and demand whatsoever of her the said K. C. of in and to the said Messuage or Tenement Closes Lands Wood-grounds and premisses in the said Lease particularly mentioned and expressed and hath delivered up the said Lease to be Cancelled unto them the said R.D. and I.P. in consideration of which said Surrender and Grant made by the said K. C. as aforesaid the said R. D. hath upon the ensealing hereof paid unto her the said K. C. the sum of 35 pound of currant money of England the receipt whereof the said K. C. doth hereby acknowledge and thereof doth acquit him the said R. D. his Heirs Executors and Administrators and every of them by these presents And whereas the said R. D. in further consideration of the said Surrender of the said Lands and Premisses made as aforesaid hath agreed to and with the said K. C. that the said R. together with the said I.P. should and would pass and convey unto her the said K. C. her heirs and assigns for ever All that Tenement or Cottage with the appurtenances scituate and being in F. wherein the said K. C. doth now inhabit and all Houses Edifices Buildings Barns Stables Yards Backfides Orchards Gardens Lands Tenements Hereditaments and Appurtenances whatsoever thereunto belonging or appertaining or now used therewith Now this Indenture witnesseth That the said R.D. and I.P. in consideration of the said Surrender of the said Lands and Premisses made by the said K. C. as aforesaid and in performance of the said agreement made with the said R.D. as aforesaid have bargained sold aliened infeoffed and confirmed and by these presents do joyntly and severally grant bargain sell alien infeoffe and confirm unto the said K. C. her heirs and assigns All that the said Cottage or Tenement with the appurtenances wherein the said K. C. doth now inhabit scituate and being in F. aforesaid And all Houses Edifices Buildings
Barns Stables Yards Backsides Orchards Gardens Wayes Easements Passages Profits Commons Commodities Lands Tenements Hereditaments and Appurtenances whatsoever thereunto belonging or appertaining and now used therewith and also all the estate right title interest claim and demand whatsoever of them the said R.D. and I. P. and either of them of in and to the said Cottage or Tenement lands and premisses hereby bargained and sold or mentioned or intended to be bargained and sold and every of them All which premisses are in the Occupation of the said K. C. or her Assigns To have and to hold the said Cottage or Tenement and all other the premisses with their appurtenances hereby bargained and sold or mentioned to be bargained and sold unto the said K. C. her heirs and assigns To the only proper use and behoof of the said K. C. her heirs and assigns for ever And the said R. D. for himself his Heirs Executors and Administrators and for every of them by these presents doth covenant and grant to and with the said K. C. her c. That they the said R.D. and I. P. for and notwithstanding any act or thing by them or either of them done or suffered to the contrary now are seized in Fee-simple to them and their heirs of and in the said Cottage or Tenement and premisses And that notwithstanding any such act or thing by them or either of them done or suffered to the contrary as aforesaid they now have and at the time of executing an estate of the premisses by force of these presents shall have good right and lawful authority to bargain sell and convey the said Cottage and premisses with the appurtenances unto the said K.C. her heirs and assigns according to the intent of these presents And that the said Cottage or Tenement and premisses and every of them now are and so shall for ever hereafter remain continue and be unto the said K. C. her heirs and assigns freed and discharged from all charges and Incumbrances whatsoever had made committed or done by them the said R. D. and I. P. or either of them or by their or either of their act means content or procurement And that she the said K. C. her Heirs and Assigns and every of them shall or may for ever hereafter quietly and peaceably have hold occupy possess and enjoy the said Cottage or Tenement and all other the premisses with the Appurtenances without the let suit trouble disturbance denial molestation interruption or eviction of them the said R. D. and I. P. and either of them their and either of their Heirs and Assigns and of all and every other person and persons whatsoever lawfully claiming by from or under them or either of them their or either of their estate right or title And also that they the said R. D. and I. P. their Heirs and Assigns and every of them shall and will from time to time and at all times during the space of three years next ensuing the date hereof at the request and costs of the said K. C. her Heirs and Assigns further do make suffer acknowledge and execute all and every such further and other lawful and reasonable act and thing for the further better and more perfect assuring and conveying of the said Cottage or Tenement Premisses with the Appurtenances unto her the said K. C. her heirs and assigns Be it by Fine Feoffment Release or otherwise with warranty of them the said R. D. and I. P. and their Heirs against them their Heirs and Assigns or without warranty as by her the said K. C. her Heirs or Assigns or her their or any of their Councel learned in the Laws shall be reasonably devised or advised and required All which further or other assurances by fine or otherwise shall be and enure and shall be adjudged deemed and taken to be and enure to the only proper use and behoof of her the said K. C. her heirs or assigns subject to the Proviso hereafter expressed Viz. Provided alwayes and upon Condition That if the said Messuage or Tenement Lands and Premisses or any of them herein before mentioned to be Demised to them the said R. D. and I. D. their heirs and assigns shall at any time hereafter be evicted from them the said R D. and I. P. their heirs or assigns or any of them for or by reason of the said Lease made as aforesaid by the said A. or by any other claiming under his estate for or by reason of the said Lease or other that then immediately upon and after such eviction this Indenture of Bargain and Sale and all and every matter and thing herein contained shall cease and be utterly void to all intents and purposes This Indenture or any thing herein contained to the contrary thereof in any wise not withstanding In witness whereof c. A Lease of Lands with exceptions of Woods well penn'd THis Indenture made c. between T. L. of c. of the one part and R. L. of c. on the other part witnesseth That the said T. L. for and in consideration of the yearly Rent and Covenants hereby reserved and for other good causes and considerations him moving The Demise Hath demised set and to farm-letten and by these presents doth demise set and to farm-let unto the said R. L. his Executors and Assigns All those Closes and Grounds called or known by the name or names of M. and B. late in the tenure of I. B. his Assignee or Assignees lying and being in P. aforesaid except all Woods Under-woods Timber and Trees growing or to be growing on the premisses or any of them with free liberty of ingress egress and regress to and for the said T. L. his Heirs Executors and Assigns and every of them at all times to fell sell cut down and carry away all or any the said woods Timber and Trees at his and their free-wills and pleasures and also except all that Coppice or wood-ground lying and being in P. aforesaid now in the occupation of the said T. L. and all Woods and Under-woods growing or to be growing on the said Copice of wood-ground with free liberty and power to and for him the said R. L. his Executors and Assigns from time to time during the term hereby demised to fell sell or otherwise dispose of the same at his and their free-wills and pleasures without impeachment of wast except and alwayes reserved unto the said T. L. his Heirs Executors and Assigns all hedges and all such trees as grow in any the hedges about the said Copice or within one foot of any the hedges about the same and all Wayes Easements Passages Profits Commons and Commodities to the said Closes and Premisses or any of them belonging or appertaining except before excepted To have and to hold the said Closes Habendum Copice or grove and all other the premisses with their and every of their appurtenances except before excepted unto the said R. L. his
foresaid Obligation and of and from all and all manner of Costs Charges Suits and Damages whatsoever of for and concerning the said Obligation That then c. An Assignment of several Leases of divers Messuages and Lands with several recitals and good Covenants Well penn'd THis Indenture made c. Between J.S. of c. and J. G. of c. on the one part and R. G. of c. on the other part Whereas J. S. of c. G. P. of c. Executors of the last Will and Testament of M. S. Gent. deceased and the said J. G. by Indenture bearing date the 26. day of S. in the c. of his said Majesties Reign that now is over England c. made between the said J. S. and G. P. and J. G. on the one part and E. S. on the other part by the name of E. S. of c. Did grant assign and set over to the said E. S. and her Assigns as well an Indenture of Demise therein recited dated the day of c. made from R. E. late of c. unto J. G. late of B. in c. and I. his wise Father and Mother of the said I. G. party to these presents of all that Messuage or Tenement and half yard-Land with the Appurtenances then or late in the Tenure or Occupation of one E. A. or his Assigns in S. sometimes W. W. scituate and being of H. W. and P. and every or either of them in the said County of S. and of all Houses Buildings Barns Stables Orchards Gardens Back-sides and grounds with the Appurtenances whatsoever to or with the said Messuage or Tenement and premisses belonging with all and every other the Lands Tentments Feedings Hereditaments and Profits whatsoever to the said Messuage or Tenement belonging or reputed as parcel or member of the same or any of them except therein excepted for the Term of 3000. years from the Feast of the c. then last past at the yearly Rent of 7. shillings of c. as also all the estate title interest term of years thereby granted then to come and unexpired possession claim and demand whatsoever of the said I.S. G.P. and I. G. of and to the same and every part thereof on Condition therein contained to this effect That if the said I. G. his Executors Administrators or Assigns did well and truly pay to the said E.S. her Executors or Assigns the Summe of c. of lawful English money upon the last day of M. then next ensuing That then from thenceforth the said Grant and Assignment and every thing therein contained to be utterly void and of none effect as by the said Indenture more fully appeareth Which said Sum of c. was not satisfied or paid to the said E. S. neither on the day in the Condition of the said Assignment mentioned nor since by reason whereof the premisses became absolutely forfeited to the said E.S. And whereas also the said I.G. by his Indenture of Assignment dated the c. of his Majesties Reign that now is did bargain assign and set over to the said E.S. and her Assigns as well one other Indenture of Lease dated the 21 day of M. in the one and fortieth year of the said late Queen Elizabeth her Reign also made from the said R. E. to the said I. G. Father of the said I. G. party to these presents and his Assigns of all that his c. setting the particulars down here at large as they were mentioned before within the Parishes of H. P. or W. within the said Counties of S. or some or one of them with all Woods Under-woods Profits Commodities and Advantages to the said Messuage or Tenement and half yard-land belonging for the term of 3000. years from the Feast of c. then next ensuing at the yearly Rent of c. as also all the estate right title interest possession Reversion Term of years claim and demand whatsoever of the said I. G. to the said c. and other the premisses with the appurtenances by the same Indenture of Lease Demised by vertue of the same Indenture or otherwise as by the same Indenture c. appeareth And whereas the said E. S. by her Indenture dated c. did Covenant with the said I. G. and his Assigns That if the said I. G. or his assigns did well and truly pay to the said E.S. or her assigns the Summe of 325. pound at the dwelling house of A. C. Scrivener scituate in B. London at one entire payment on the fifteenth day of October which then shall be in the year of our Lord God 1630. That then she the said E.S. and her Assigns should upon request of the said I. G. re-assign and convey unto him the said two several recited Indentures of Leases and all her estate and interest claim and demand in and to the said several Messuages Lands and Premisses demised by the said several Indenture of Leases as by the said last recited Indenture more at large appeareth And whereas the said I. G. by his Release dated c. did in Consideration of a Competent Summe of Money Release all his Right Title and Interest of and in the said Messuage Lands and Premisses to the said E. S. and her Assigns as by the said Release appeareth And whereas the said E. S. by her Indenture of Assignment dated c. did for the Consideration therein mentioned assign and set over all her estate right title and interest of in and to both the said recited Indentures of Lease as also in and to the said Messuages Lands and Premisses to the said I. S. her Father party to these presents To hold to him and his assigns during all the residue of the said Term of years in the said several recited Indentures of Lease then to come and unexpired as by the said last recited Indentute of Assignment more fully appeareth Now this Indenture witnesseth That the said I. S. and I. G. for and in Consideration of the Summe of c. in hand paid or secured by the said R. G. unto the said I. S. as also for and in Consideration of the Summe of c. at the ensealing and delivery of these presents in hand paid or secured by the said R. G. unto the said I.G. the said several receipts of which said several Sums of money they the said J. S. and J G. do hereby severally and respectively acknowledge and thereof and of every part thereof do severally and respectively acquit and discharge the said R. G. his c. and for other good c. Have demised granted set and to Farm-let released and confirmed and by these presents do c. unto the said R. G. his c. all and every the said Messuages Lands Tenements Hereditaments and Premisses with their and every of their Rights Members and Appurtenances in the said former recited Indenture of Lease or Assignments mentioned To have and to hold all and every the said Messuages or Tenements Lands and all
and upon the said several Writs of Entry Sur disseisin en le post in all things according to the usual and common order and form of Common Recoveries for the assurance of Lands and Tenements in such cases used of all and singular the said several Mannors Lordships and Premisses before mentioned and of every part and parcel thereof with the Appurtenances And that full Execution and Seizin shall be had and taken thereof accordingly And it is hereby covenanted granted concluded and fully and absolutely agreed on by and between all and every the aforesaid parties to these presents for themselves their heirs and assigns and it is the true intent and meaning of these presents and of all and every the aforesaid parties to the same that the said several Recoveries and the execution thereupon to be had shall be and so shall be adjudged deemed esteemed and taken to be and the Recoverors their heirs and assigns and every of them shall and will immediately from and after the execution of the said Recoveries stand and be seized and be adjudged deemed and esteemed and taken to be seized of all and singular the said Mannors Lordships Lands Hereditaments and premisses before mentioned and every part and parcel thereof with their and every of their Appurtenances to and for all and every the several and respective uses behoofs intents and purposes hereafter in these presents mentioned expressed limited and declared And to or for none other use behoof intent or purpose whatsoever that is to say to the use and behoof of the said C. Lord S. and his Assigns for and during the term of his natural life without impeachment of or for any manner of wast and from and after his decease then to the use and behoof of the said D. L. and her assigns for and during the term of her natural life for and in the name of a Joynture of and for her the said D. And from and after her decease then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten and for default of such Issue then to the use and behoof of the right heirs of the said C. Lord S. for ever And the said Right Honourable C. Lord S. for himself his Heirs Executors Administrators and Assigns and for every of them doth further Covenant promise and grant to and with the Right Honourable E. Lord G. and I.S. their Heirs and Assigns and to and with every of them by these presents in manner and Form following that is to say That he the said C. Lord. S. at the time of the ensealing and delivery of these presents is lawfully and rightfully seized of and in all and singular the said Mannors Lands Tenements Rectory and Premisses and of every part and parcel thereof with the Appurtenances of a good sure perfect lawful and indefeasible Estate in Fee-simple or in Fee-tail to himself and the heirs of his body without any Reversion or Remainder of the Kings Majesty and without any manner of Condition or Conditions Mortgage Limitation of use or uses or other thing or things whatsoever whereby to alter change charge defeat determine or make void the same And that he the said Lord S. hath full power good right and lawful and absolute authority in his own proper right by these presents to raise limit and appoint all and every the foresaid several Uses and Estates before mentioned and that all and singular the Premisses and every part and parcel thereof with their and every of their Rights Members and Appurtenances now are and be and so from time to time and at all times for ever hereafter shall and may continue stand remain and be to all and every the several uses intents and purposes before in and by these presents limited expressed appointed and declared free and clear and freely and clearly acquitted exonerated and discharged or otherwise well and sufficiently saved defended and kept harmlesse of and from all and all manner of former and other Gifts Grants Bargains Sales Leases Estates Joyntures Dowers and Titles of Dowers and of and from all Rents and Arrerages of Rent-Annuities and Arrerages of Annuities Statutes-Merchant and of the Staple Recognizances Judgments Executions Extents Fines Forfeitures Issues Amerciaments Intentions Principal Seizins Liveries Wills Entails Limitations of use or uses and of and from all other Titles Troubles Arrerages Charges Claims Demands and Incumbrances And the said C. Lord S. for himself his Heirs Executors Administrators and Assigns and for every of them doth likewise further Covenant promise and grant to and with the said E. Lord G. c. their Heirs and Assigns and to and with every of them by these presents That he the said Lord S. and his Heirs shall and will from time to time and at all times hereafter within the space of seven years next ensuing the date of these presents at and upon every reasonable request and at the only proper costs and charges in the Law of the said Lord S. and his heirs further do make acknowledge execute and suffer or cause or procure to be done made acknowledged executed and suffered all and every such further and reasonable act and acts thing and things device and devices assurance and assurances in the Law whatsoever for the further better and more perfect assuring surety and sure-making setling and conveying of the said Mannors c. premisses and of every part and parcel thereof with the appurtenances to continue stand remain and be to all and every such several uses behoofs intents limitations and purposes as are thereof in and by these presents limited expressed appointed and declared be it by Fine or Fines Recovery or Recoveries with single double or more Voucher or Vouchers Feoffment or Feoffments Deed or Deeds enrolled or not enrolled the enrollment of these presents or by any other wayes or means whatsoever as by the said E. Lord G. and I. S. their Heirs and Assigns or by any of them or by their or either or any of their Council learned in the Law shall be reasonably advised devised or required And finally The said C. Lord S. for and in Consideration of the said Marriage shortly hereafter by the grace of God to be had and solemnized between him the said C. Lord S. and the said D.L. and for the great love and affection which he the said Q. S. hath and doth bear unto the said D. L. doth for himself his heirs and assigns and for every of them Covenant promise grant and agree to and with the said E. Lord G. and I. S. their Heirs and Assigns and to and with every of them by these presents That he the said C. Lord S. and his Heirs and all and every other person or persons that now be or which hereafter shall stand or be seized of any Estate of Inheritance of the said Mannors Lands Tenements and Premisses or any part thereof shall and will stand and be
and Reversions of the premisses and of every part and parcel thereof and all and every the Rents and yearly profits whatsoever reserved upon whatsoever Lease Demise or Grant Leases Demises or Grants made of the premisses or of any part thereof except and alwayes reserved out of this present grant bargain and sale to the said L. G. his heirs and assigns the Parsonage of C. and the Parsonage house and grounds thereunto belonging within c. now in the occupation of R. B. Clerk and also except c. And also the said L. S. for the said Consideration hath bargained and sold and by these presents doth c. to the said I. B. and his heirs and all and every the Deeds Evidences Escripts and Minuments whatsoever touching or concerning onely the premisses or only any part or parcel thereof all and every which Deeds Evidences and Writings or as many of them the said L. G. now hath or any other to his use or by his delivery hath or have which he may lawfully come by without Suit in the Law The said L. G. Covenanteth and Granteth by these presents for himself his Heirs Executors and Administrators to and with the said I. B. his heirs and assigns safely to deliver to the said I. B. his heirs and assigns before the Feast of St. Michael the Arch-Angel next ensuing the date hereof whole and uncancelled to have hold and enjoy the said Capital Messuage or Tenement and all and every the said Messuages Tenements Lands Meadows Pastures Commons and all and every other the premisses with the appurtenances to the said I. B. his heirs and assigns for ever to the onely use and beho of of the said I. B. his heirs and assigns for ever And the said L. G. for himself his Heirs Executors and Administrators and every of them doth Covenant promise and grant to and with the said I. B. his heirs and assigns That he the said L. G. is and standeth at the ensealing and delivery of these presents and so shall be at the expiration of the first Estate of Inheritance of and in the premisses to the said I. B. solely lawfully and rightfully seized of a good lawful perfect and rightful estate in the Law in Fee-simple of and in the said Capital Messuage or Tenement with the Appurtenances and of and in all and every the said Messuages Tenements Lands Meadows Pastures and all and every other the premisses with the appurtenances and of and in every part and parcel thereof to the proper use of the said L. G. and his heirs for ever without any manner of Condition and without any Reversion or Remainder thereof or of any part thereof in the Kings Majesty his Heirs or Successors or of any other person or persons whatsoever and that he hath good right just and true title and lawful authority to bargain sell and assure the same to the said I. B. and his heirs according to the tenure and true meaning of these presents And also the said L. G. for himself his Heirs Executors and Administrators and every of them doth Covenant promise and grant to and with the said I. B. his heirs and assigns by these presents That the said I. B. his heirs and assigns shall and lawfully may from hence for ever peaceably and quietly have hold occopy and enjoy the said Capital Messuage or Tenement and all and every other the premisses with the appurtenances without any manner of let trouble or interruption of the said L. G. his heirs or assigns or of any person or persons claiming by from or under any the Ancestors of the said L. G. clearly discharged or for ever hereafter sufficiently saved harmlesse by the said L. G. his heirs and assigns of and from all and every other bargains sales estates leasess Statutes-Merchants and of the Staple Recognizances Judgements Joyntures Dowers Annuities Fines c. and of and from all and every other charges and incumbrances whatsoever by the said L. G. or any of his Ancestors had made committed or done or willingly suffered before the ensealing and delivery of these presents or before the execution of an Estate and seizin of and in the premisses to the said I. B. his c. except the Rents and Services to be due and done to the chief Lord or Lords of the Fee or Fees of the premisses in respect only of the Seigniory thereof and also except one Lease and Demise made by the said E. G. of the said Tenement now in the occupation of the said I. R. for term of certain years which shall expire within 9. years now next coming whereupon is reserved the yearly Rent of 30 shillings And one Lease and Demise made to c. for certain years not exceeding the term of 17 years now to come whereupon is reserved c. ut praedict or for certain years whereof there are now to come above the number of 17 years and whereupon is reserved c. which said several yearly Rents and every of them shall conâ—â—â—e and be payable to the said I. B. his heirs and assigns during the continuance of the said several Demises And also the said I. G. Covenanteth and granteth by these presents for himself his Heirs Executors and Administrators to and with the said I. B. his heirs and assigns That he the said L. G. and A. his Wife and the heirs of the said L. and all and every other person and persons and their heirs having or that shall have any right estate or interest of or in the premisses or any part thereof by from or under the said L. G. or by from or under any of his Ancestors shall and will from time to time during five years now next ensuing at the reasonable request costs and charges of the said I. B. his heirs and assigns do make and execute or cause knowledge and suffer to be done all and every such further act and acts thing and things device and devices in the Law whatsoever be it by Deed or Deeds inrolled or not inrolled Fine Feoffment Recovery with double or single Voucher or Vouchers Release Confirmation or otherwise with Warranty against the said L. G. and his heirs and the Ancestors of the said L. G. or otherwise without warranty for the further and more better and perfect assurance surety and sure-making of the said Capital Messuage or Tenement Lands Meadows Pastures and all and every other the premisses with the Appurtedances to the said I. B. his heirs and assigns as by the said I. B. his heirs or assigns or his or their Council learned in the Law shall be reasonably devised or advised In witnesse c. Articles concerning Lands purchased untill the Covenants could be made Articles of Agreement indented made concluded and agreed upon the day of Sept. between H. D. of E. in the C. of H. Gent. of the one part and F. R. of the Parish of S. M. in the Fields in the C. of M. T. of the other part viz. IMprimis The said
divers other Covenants Clauses and Agreements therein also contained more at large likewise appeareth And whereas further the said P. D. and L. D. by one other Indenture of Lease bearing date the Twentieth day of July last past before the date of these presents for the consideration in the same Indenture expressed did demise grant and to farm-let unto W. H. Citizen and Fish-monger of London all that Messuage or Tenement with the yard behind the same and the house of Office in the same yard standing being parcel likewise of the said premisses first above recited for the term of twelve years one half year two months and fourteen dayes commencing from the Feast-day of the Nativity of St. John Baptist last past before the date of the same Indenture of Lease for and under the yearly rent of Ten pounds and ten shillings payable likewise as in and by the said last mentioned Indenture of Lease amongst divers Covenants Clauses and Agreements in the same Indenture of Lease contained more at large also appeareth Now it is Covenanted concluded and agreed by and between the said parties to these presents and the true intent and meaning of either of them is That forasmuch as either of the parties above named have disbursed and paid their several equal shares and proportions of money for the purchase of the Premisses above recited that the several Rents of Thirty pounds Fourteen pounds and ten pounds ten shillings upon and by the said several mean Indentures of Leases above recited reserved the said yearly Rents of six and twenty pounds reserved upon the said first recited original Indenture of Lease payable to the above named G. G. his Executors Administrators or Assigns for all the before recited premisses being first paid and discharged shall be equally divided and shared between the said parties parties to these presents share and share like and if it shall happen either of the said parties to die before the end and expiration of the term and terms of years in the said several Indentures of Leases before recited or in any or either of them now to come and unexpired that then and from thenceforth it shall and may be lawful to and for the Executors Administrators and Assigns of the party deceasing to have occupy receive take and enjoy the full and entire moiety or half-part of all the Rents Issues and Profits of all and singular the before recited premisses with the appurtenances in as large and ample manner and form to all intents and purposes as the party so doing should or ought to have done if he had lived and were then living any grant restraint provision statute or ordinance to the contrary notwithstanding and that neither of the said parties nor the Executors Administrators or Assigns of them or of either of them shall or will at any time or times hereafter take demand or receive any of the Rents above reserved or make or give any discharge or acquittance of or for the same or any part or parcel thereof without the knowledge assent or consent of the other party his Executors Administrators or Assigns first had and obtained in Writing under his or their hand or hands Item It is further Covenanted concluded and agreed unto by and between the said parties to these presents That neither of the said parties nor the Executors Administrators or Assigns of them or of either of them shall or will at any time or times hereafter grant bargain sell assign surrender or set over his or their estate or estates right title interest term and terms of years to come of in or to all or any part of the before recited premisses with the appurtenances to any person or persons whatsoever without the knowledge consent or refusal of the other party first had he paying as much as any other shall or will give and pay bona fide for the same or shall or will take or endeavour to take any new Lease for years lives or otherwise or any other grant whatsoever of the before recited premisses or any part or parcel thereof in reversion after the expiration of the term of years they now have and enjoy in the said recited premisses by force and vertue of the said first recited Indenture of Lease made from the said G. G. to the said T. N. as aforesaid either from the said G. G. his Executors Administrators or Assigns from the Right Honourable the Earl of B. his Heirs or Assigns or any other immediate Tenant or Farmer claiming from by or under them or any of them without the knowledge assent consent or refusal likewise of the other party his Executors Administrators or Assigns in Writing under his or their hand or hands or before sufficient Witnesses first had and obtained Lastly It is Covenanted concluded and fully agreed upon by and between the said parties to these presents That all and every the several Deeds and Writings before recited shall be reputed deemed and taken to be and enure to the joynt use and uses benefits and commodities of both the said parties their Executors Administrators and Assigns and to no other use intent or purpose whatsoever and that the party his Executors Administrators or Assigns so keeping the same Writings shall and will upon the reasonable request or requests of the other party his Executors Administrators or Assigns at all times hereafter produce and bring forth and be ready to shew all every or so many of the same Writings that shall be required at his or their hands either for the producing and getting of a further time or title of and in all or any part of the before recited premisses or for the maintenance of the title of the premisses if it should be questioned as for the sealing and conveying away of all his or their estate or interest of and in the moiety of all or any part of the said recited premisses without covin or delay In witness c. Articles to surrender Copy-hold Lands till the Surrender can be had Articles of Agreement indented had made concluded and agreed upon the day of January Between P. C. of B. in the County of W. gent. of the one part and H. H. of M. T. L. gent. of the other part as followeth IMprimis Whereas the above named P. C. now standeth lawfully seized in his demeasn as of see according to the custome of the Mannor of B. aforesaid after the decease of T. C. Widow of and in one Copy-hold or Customary Messuage together with a Garden Back-side Out-house and other appurtenances thereunto belonging scituate in the upper street in B. aforesaid and parcel of the aforesaid Mannor And whereas the said P. C. is now possessed of the aforesaid Messuage and premisses with the appurtenances by demise from the said T. C. for a certain term ending at the Feast of St. Michael the Arch-Angel next ensuing the date above written The said P. C. doth for himself his Heirs Executors and Assigns covenant grant and agree to and
and G. L. c. the full Summe of 4800 l. of good c. at or within c. at or upon the second day of M. 1641. without fraud or covin That then from and after the said payment so had and made the use and uses in or by these present Indentures had made or limited to the said R. L. and G. L. their and either of their heirs and assigns and also all and every estate which hereupon or by reason hereof or any thing herein mentioned is or shall be limited vested or executed in or to the said R.L. and G. L. their heirs or assigns or any of them shall cease determine and be utterly void and of none effect any thing in these presents contained to the contrary thereof in any wise notwithstanding and that then and immediately from and after the said payment had or made to the said R.L. and G.L. their or either of their Heirs Executors Administrators or Assigns or any of them the said Sum of 4800 l. of c. in manner and form as is afore expressed declared and appointed the said Grant Feoffment Conveyance and Assurance and all and every other act or thing which after the date of these presents and before the said second day of J. 1641. shall be had or made by or between any of the said parties or by their or any of their means or privity or whereunto they or any of them shall be party or parties shall be and shall be deemed and taken to be and the said E. T. and G. B. and their heirs and all and every other person and persons and their heirs that then shall stand and be seized of the said Mannor and other the Premisses or any of them shall stand and be seized thereof and of every part and parcel thereof to the only proper use and behoof of the said Sir H. H. and of his heirs and assigns for ever and to none other use behoof intent or purpose whatsoever And it is further agreed by and between the said parties to these presents and the said Sir H. H. doth covenant c. to and with c. The Indenture and use therein limited to be void for not payment of the money mentioned in the Proviso That if the said Sir H. H. his Heirs Executors Administrators nor Assigns nor any of them do pay or cause to be paid to the said R. L. and G. L. their nor either of their Executors Administrators or Assigns nor to any of them the said Sum of 4800 l. and every part thereof in manner and form abovesaid but shall make default in payment of the same or of any part thereof that then and from thenceforth this present grant feoffment and conveyance of the premisses and the said use before herein and hereby limited to the said R.L. and G.L. and their heirs shall stand remain and be and that then also and at all times from thenceforth all the said Mannors Lands Tenements Hereditaments and all other the premisses with all and singular their appurtenances shall be and remain for ever to them the said R.L. and G. L. their heirs and assigns absolutely without any condition or other limitation And the said R.L. and G.L. for themselves their and either of their Heirs Executors and Administrators and for every of them do covenant promise and grant by these presents to and with c. in manner and form following that is to say That neither they the said R.L. and G.L. nor any of them nor their nor any of their heirs or any of them Not to do any act to hinder the rising of the use limited in the Covenants for quiet enjoying and making further assurance upon payment of the money mentioned in the Proviso nor any other person or persons by their or any of their procurement means or assent shall or will do commit or wittingly or wilfully suffer any act or thing whereby or by means whereof there shall or may ensue or happen any let or hinderance to the rising or vesting of the said use herein limited to the said Sir H. H. and his heirs by the payment of the said 4800 l. according to the intent purport and true meaning of the said condition or proviso and that in case the said Sir H. H. his Heirs Executors Administrators or Assigns or any of them do well and truly satisfie content and pay or cause to be satisfied contented and paid unto the said R.L. and G. L. or either of them or the Heirs Executors Administrators or Assigns of them or either of them the said sum of 4800 l. of c. at or upon the second day of J. c. according to the true intent and meaning of the said proviso or condition that then the said Sir H.H. his heirs and assigns and every of them shall or may from thenceforth for ever have hold and enjoy all the said Mannor or Lordship Lands and Tenements with all and singular their appurtenances to his and their own proper use and behoof without any let trouble incumbrance or interruption of or by the said R. L. and G. L. or either of them their or either of their heirs or assigns or any of them or of any other person or persons by or with their or any of their means act assent or procurement And that then also they the said R.L. and G.L. their and either of their heirs and assigns and all others which then or at any time then after shall have or rightfully claim to have any lawful estate For further assurance right title or interest of in or to the said Mannor or Lordship Lands Tenements and Hereditaments or any part or parcel thereof by from or under the said R.L. and G.L. or either of them shall and will at all and every time and times from and after such payment had and made to the said R. and G. or either of them or the Executors Administrators or Assigns of them or of either of them of the said Sum of 4800l of c. in manner and form as aforesaid for and during the space of three years then next ensuing at and upon reasonable request to them or either of them to be made and at the only costs and charges in the Law of the said Sir H. H. his heirs or assigns or some of them make do acknowledge suffer and execute or cause to be made acknowledged suffered c. unto the said Sir H. H. his heirs and assigns for ever all and every such further lawful and reasonable act and acts thing and things assurance and assurances conveyance and conveyances in the Law whatsoever with warranty onely against themselves and their heirs or else without warranty for the better more perfect sure and absolute making and assuring of all and singular the said Mannor or Lordship Lands Tenements Hereditaments and other the premisses with the appurtenances unto the said Sir H.H. his heirs and assigns be it by Fine Feoffment Recovery or
Recoveries Deed or Deeds enrolled or not enrolled the enrollment of these presents Release Confirmation or by all or any of them or otherwise by any other lawfull and reasonable act or devise as shall be reasonably devised or advised by the Councel learned of the said Sir H.H. his heirs or assigns And also that he the said Sir H.H. his Executors Administrators and Assigns and every of them not doing That the Mortgager shall enjoy the issues and profits of the Lands until the day of payment nor committing any voluntary waste above the value of 10 l. of c. shall or may at all times from henceforth untill the third day of J. c. without the let trouble interruption or disturbance of or by them the said R.L. and G. L. or either of them their or either of their heirs or assigns or of either of them or of any other rightfully claiming from by or under them or any of them peaceably and quietly have take receive perceive and enjoy the Rents Issues and Profits of all and singular the said Mannor or Lordships Lands and Tenements and other the premisses before herein mentioned to be hereby granted and conveyed and every part and parcel thereof without any account to be made or yielded unto the said R. L. and G. L. or either of them their or either of their Heirs Executors or Assigns of or for the same this Indenture or any thing therein contained to the contrary thereof in any wise notwithstanding and that neither the said R. L. and G. L. their heirs or assigns nor any of them shall nor will take any of the Rents Issues Revenues or Profits of any the Premisses or of any part thereof which shall grow arise or come in or out of the Premisses or any part or parcel thereof before the said third day of J. c. And it is further covenanted concluded and agreed by and between the said parties to these presents and the true intent and meaning of the same parties to these presents is That the Mortgagee shall pay more for the clear purchase of the Land so mortgaged and being forfeited and the said R. L. and G. L. do by these presents further covenant c. to and with c. That if neither the said Sir H. H. his heirs nor assigns nor any of them do pay or cause to be paid unto the said R. L. and G. L. their Heirs Executors Administrators or Assigns nor to any of them the said Sum of 4800 l. of c. in manner and form as is before limited and appointed for the payment of the same whereby the said estate of the said R. L. and G. L. shall become absolute that then they the said R. L. and G. L. their Heirs Executors Administrators or Assigns or some of them shall and will well and truly content and pay or cause to be paid unto the said Sir H. H. his Executors Administrators or Assigns or some of them at or in c. the Sum of 1000 l. of c. at or upon the third day of M. 1642. as the residue and in full satisfaction of the clear and absolute purchase of the said Mannor or Lordship Lands Tenements and other the Premisses without fraud covin or further delay unto them the said R.L. and G. L. their heirs and assigns to the only proper use and behoof of them the said R. and G. their heirs and assigns for ever And the said Sir H. H. doth covenant c. to and with the said E. L. and G. L. c. That if the said Sir H. H. To relinquish possession after default of payment of the Sum contained in the Proviso his Heirs Executors Administrators nor Assigns nor any of them do well and truly pay nor cause to be paid unto the said R.L. and G. L. nor to the heirs executors administrators or assigns of them nor any of them the said Summe of 4800 l. of c. before mentioned in manner and form as aforesaid according to the intent and true meaning of the said Proviso or Condition before herein expressed That then he the said Sir H. H. his Tenants Farmours and assigns and every of them other than such as be hereafter excepted shall and will deliver yield up and relinquish unto the said R.L. and G.L. their heirs or assigns or the Survivor or Survivors of them the peaceable and quiet possession of the said Mannor or Lordship and of all other the Premisses with the appurtenances without any let trouble contradiction or interruption And that then also he the said Sir H. H. his heirs and assigns and Dame R. his wife and all and every other person or persons now having or rightfully claiming Further assurance or which at any time or times hereafter shall or may lawfully have claim or pretend to have any manner of estate right title use interest condition or possession of in or to the said Mannor or Lordship and other the premisses or any part thereof other than such person and persons whose estates interests and terms are excepted in one former Indenture bearing date c. made between the said Sir H. of the one party and the said R. L. and G. L. of the other party for and in respect onely of their Leases and terms by and in the said last mentioned Indenture excepted shall and will at all and every time and times from and after such default of payment had or made of the said Sum of 4800 l. for and during the space of Seven years then next ensuing at and upon reasonable request to him her or them to be made and at the onely costs and charges in the Law of the said R. L. and G. L. or any of them or the heirs or assigns of them or of one of them make do c. As in other like Covenants c. And that the said R. L. and G. L. their and either of their heirs and assigns For quiet enjoying and every of them and all and every person and persons which at any time and times after the said default of payment of the said Summe of 4800 l. of c. had and made as aforesaid shall have any estate right title or interest of in or to the said Mannor or Lordship Mannors Lands Tenements and other the Premisses or any part thereof by from or under the said R. L. and G. L. their heirs or assigns or any of them shall or may at all times from and after the said default of payment of the said Summe of c. had or made for ever peaceably and quietly have hold occupy and enjoy all the said Mannor and Lordship Mannors Lands Tenements and other the Premisses without any let trouble vexation or interruption of or by the said Sir H. H. his heirs or assigns or any of them or of or by any other person or persons whatsoever except as in and by the said Indenture of Bargain and Sale bearing date the said
committed suffered or done or hereafter to be had made committed suffered or done by Sir J.M. deceased great grand-father of the said R. M. his heirs and assigns or by W. M. Arbitrator deceased grand-father of the said R. M. his heirs or assigns or by the said R. M. his heirs or assigns or any of them or by any other person or persons whatsoever having or rightfully claiming or pretending to have or which at any time or times hereafter shall have or rightfully claim or pretend to have any lawful estate right title interest or demand of in and to the said Mannor and Lordship and other the Premisses or of in or to any part or parcel thereof in by from or under them or any of them or by their or any of their assent means consent title interest act sufferance or procurement the chief Rent and Services from henceforth to grow due to the chief Lord or Lords of the see or fees of the Premisses for and in respect only of his or their Seigniory and Seigniories only except and foreprised and also except c. and also except one lease c. whereupon the yearly Rent of 10 l. is reserved which shall or may be yearly from and after the fifteenth day of c. be due and payable unto the said R. L. and G. L. their heirs and assigns during the continuance of the same excepted lease Provided alwayes That if the said R. M. his Heirs Executors Administrators or Assigns or any of them do well and truly pay or cause to be contented and paid unto the said R. L. and G. L. their or either of their Executors Administrators or Assigns the full Summe of 800 l. of c. on the c. at or c. That then as well this present Indenture as the said recited Indenture of bargain and sale and every of them and every of them and every covenant grant articles clause and agreement in them and every of them contained on the part and behalf of the said R. M. his Heirs Executors or Administrators to be performed and kept shall immediately from thenceforth cease determine and be utterly void frustrate and of none effect and that then also and from thenceforth it shall and may be lawful to and for the said R. M. his heirs and assigns into the said Mannor and Lordship Rectory Messuages Lands Tenements Hereditaments and other the premisses with the appurtenances and into every or any part or parcel thereof to re-enter and the same to have again enjoy and re-possess as in his and their first and former estate any thing in these presents contained to the contrary thereof in any wise notwithstanding And furthermore the said R. M. doth covenant c. That if default shall be made of the payment of the said Summe of 800 l. upon the said fifteenth day of For quiet enjoying after default of payment c. at the place of payment aforesaid that then and from and after such default of payment so thereof or any part or parcel thereof had or made they the said R. L. and G. L. their Heirs and Assigns and every of them shall or may from time to time and at all times for ever according to the tenor purport and true meaning of these presents peaceably and quietly have hold occupy possess and enjoy the said Mannor Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and all and singular other the Premisses with the appurtenances and every part and parcel thereof without any manner of let trouble interrup on eviction expulsion or disturbance of him the said R. M. his heirs or assigns or of any other person or persons whatsoever lawfully claiming by from or under him the said R. M. or by from or under the said J. M. great Grand-father of the said R. M. or by from or under the said J. M. or by from or under the said R. M. Father of the said R. M. except before excepted And the said R. L. and G. L. do covenant c. That he the said R. M. his Heirs Executors That the Mortgager may receive the profits of his Lands untill the day of Redemption Administrators and Assigns and every of them shall or may without the let trouble molestation or interruption of the said R. L. and G. L. their Heirs or Assigns or of any other rightfully claiming from by or under them either or any of them peaceably and quietly have hold perceive receive take and enjoy the Rent Issues and Profits of all and singular the said Mannor and Lordship Rectory Messuages Lands Tenements Hereditaments and all and singular other the Premisses before mentioned to be given granted bargained and sold by the said recited Indenture and of every part and and parcel thereof with the appurtenances until the sixteenth day of c. without any accompt to be made or yielded unto the said R. L. and G. L. their Heirs Executors or Assigns of or for the same the said recited Indenture or any thing therein contained to the contrary notwithstanding And that neither the said R. L. and G. L. their Heirs or Assigns nor any of them shall or will take any of the Rents Issues Revenues or profits or any of the Premisses or of any part thereof or which shall grow arise or come in or out of the Premisses or any part or parcel thereof before the said Fifteenth day of c. And furthermore the said R. M. doth covenant c. That if he the said R. M. his Heirs Executors Administrators or Assigns For further assurance after default of payment or some or one of them do not well and truly pay or cause to be contented or paid unto the said R. L. and G. L. their or either of their Executors Administrators or Assigns the said Summe of 824. l. before mentioned according to the true intent and meaning of the Proviso or Condition before herein expressed That then he the said R. M. and Dame W. his wife and their Heirs and all and every other person and persons now having or claiming or which at any time or times hereafter shall or may lawfully have claim or pretend to have any estate right title use interest condition or possession of in and to the said Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and other the Premisses or any part or parcel thereof other than the persons before excepted for and in respect only of the said Annuities Leases and Terms before excepted shall and will from time to time and at all times from and after default of payment made as aforesaid for and during the space of seven years next ensuing at and upon reasonable request and at the only costs and charges in the Law of the said R. L. and G. L. their heirs and assigns or some of them do make knowledge execute and suffer or cause to be done made knowledged executed and suffered unto the said R. L. and G. L. their heirs and assigns
And further and all and every such other act and acts thing and things assurance and assurances conveyance and conveyances in the Law whatsoever for the better more perfect sure and absolute conveying and assuring of all and singular the said Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and all other the premisses with the appurtenances by the said recited Indenture mentioned or intended to be granted bargained and sold unto the said R. L. and G. L. their heirs and assigns for ever absolutely without any manner of Condition Mortgage or Redemption be it by fine or fines feoffment Recovery or Recoveries with single or double voucher or vouchers deed or deeds enrolled or not enrolled the enrollment of these presents release confirmation or by all or any of them or otherwise by any other lawful and reasonable act and devise with wartanty of him the said R. M. and his Heirs against all men or otherwise without warranty if it be so required as shall be reasonably devised or advised by the learned Council of the said R. L. and G. L. their heirs or assigns or some or one of them And it is covenanted granted concluded and agreed by and between all the said Parties to these presents That T. and W. P. by Writ of Entry For passing of a Recovery Sur disseism en le post to be by them sued forth at the costs and charges of the said R. L. and G. L. out of the High-Court of Chancery and to be returned into the Court of Common-Pleas at Westminster before the Justices there against them the said R. L. and G. L. then in possession of the said Premisses shall recover the said Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and other the Premisses mentioned meant or intended in or by the said recited Indenture to be bargained and sold with their rights members and appurtenances in due form of Law against the said R. L. and G. L. then being Tenants of the said Premisses with the appurtenances by some name and names in the said Writ and Recovery to be contained and upon the said Writ and proceeding thereupon the said R L. and G. L. after appearance shall vouch over to warrant the said R. M. and that the said R. M. shall thereunto appear and vouch over to warrant the Common vouchee and that each of them the said R. L. and G. L. and the said R. M. shall do and suffer all and whatsoever to them and either of them in that behalf shall belong and appertain for the suffering a good and perfect Recovery of all the said Mannors Lordships Lands Tenements and other the Premisses mentioned in the said Indenture to be thereby given granted bargained and sold unto the said R. L. and G. L. according to the course of Common Recoveries and Assurances of Lands in such Cases used and that the said Recovery shall in due form of law be executed by the Writ of Habere facias seisin accordingly And it is by these presents likewise fully concluded agreed and declared by and between all the Parties unto these presents To lead the use of the Recovery That the said Recovery and all other Recoveries whatsoever had made knowledged levied executed or suffered or to be had made knowledged executed or suffered of the Premisses or of any parcel thereof by or betwixt the said Parties or any of them and the full force and execution of the same and every of them shall be and enure and shall be had taken confirued esteemed and adjudged to be and to enure to the only uses provisoes conditions and limitations before herein mentioned according to the true intent and meaning of the said Indenture and of these presents and to no other use behoof intent or purpose whatsoever And it is further covenanted conditioned concluded and fully agreed by and between the said Parties to these presents For payment of a further sum of money for the absolute purchase of the land mortgaged and the true intent and meaning of the said Parties to these presents is and the said R. L. and G. L. do covenant c. That if the said R. M his Heirs Executors Administrators or Assigns or any of them do not pay or cause to be paid unto the said R. L. and G. L. their Executors Administrators or Assigns nor to any of them the said Sum of 800 l. c. at the day and places of payment thereof above mentioned but shall make default of payment thereof or of any part or parcel thereof according to the true meaning of the said Proviso or condition whereby or by reason whereof the premisses and every parcel thereof shall become absolute to the said R. L. and G. L. their heirs and assigns according to the true intent and plain meaning of these presents that then they the said R. L. and G. L. their Heirs Executors Administrators or Assigns or some of them shall and will pay or cause to be paid unto the said R. M. his Heirs Executors Administrators or Assigns at or c. the full sum of c. in manner and form following that is to say on the c. day of c. the sum of 120 l. and within one whole year next ensuing the day of the death of the said R. M. the Father the sum of 100 l. at the end of one other whole year then next following one other 100 l. and at the end of one other whole year also then next ensuing one other 100 l. in full satisfaction of and for the clear and absolute purchase of the said Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and of all and singular other the premisses in the said Indenture mentioned to be thereby given granted bargained and sold and of every part and parcel thereof with the appurtenances In witness c. Covenants for surrendring of Copy-hold Lands And the said D. S. for the consideration before in these presents expressed doth further covenant promise and grant for her self For making a Surrender her Heirs Executors and Administrators and for every of them to and with the said J. P. his Heirs and Assigns by these presents That she the said Dame S. S. or her Heirs shall and will on this side and before the Feast of c. at the charges in the Law of the said J. P. his Heirs or Assigns make and suffer or cause to be made and suffered a good and sufficient Surrender in Law to the use of the said J. P. his heirs and assigns for ever according to the custome of the Mannor of C. of one Field or Close of Pasture c. And so recite the Land verbatim for every part and parcel thereof with the appurtenances being parcels of the said Mannor of C. and which late were the Copy-hold inheritance of T. C. deceased according to the custome of the said Mannor And the said Dame S. doth covenant c. That the said
may might or ought to have or claim of in or to the said Messuage c. reciting the Land and of in and to all and singular other the Piemisses with all and singular their appurtenances in and by the said recited Indenture mentioned to be bargained and sold and of in and to every part and parcel thereof with the appurtenances so that neither I the said A.B. my heirs or assigns nor any of us nor any other person or persons for us or in our names or in the name of any of us shall or will at any time or times hereafter ask claim challenge or demand to have any manner of estate right title interest or demand of in or to the said Premisses or any part or parcel thereof but that we and every of us shall be thereof and of every part and parcel thereof from henceforth utterly barred and excluded for ever by these presents And I the said A. B. and my heirs all and singular the said Premisses with the appurtenances against me my Heirs and Assigns Warranty and every of us unto the said C. D. his Heirs and Assigns for ever shall and will warrant and for ever defend by these presents A Release where three have a joynt Estate of inheritance THis Indenture made c. between G.M. T.C. and H.L. of the one party and Sir G. M. of the other party witnesseth That whereas the said G.M. T.C. and H.L. are and stand joyntly seized to them and their heirs of an absolute estate of inheritance in see-simple of the Mannor and Lordship of E c. reciting the Land at large which the said G.M. T.C. and H. L. have by vertue of a conveyance or assurance by or from R. V. c. as by the conveyance and assurance thereof made by the said R.V. unto the said G. M. T.C. and H. L. more at large it doth and may appear And whereas the said T. C. and H. L. have by sufficient conveyance and assurance in Law conveyed assured and confirmed all their and either of their estate right title and interest in and to the same Mannor and Premisses with the appurtenances unto the said G. M. and his Heirs for ever whereby he the said G.M. is thereof now fully and absolutely seized in his Demeasn as of fee and whereas also the conveyance and estate of the Premisses so as aforesaid made unto the said G. M. T.C. and H.L. and their heirs was to them made by the direction and appointment of the said G.M. and at his only charge and costs every kind of way as well for the assurance thereof as otherwise and was meant and intended for the good of the said G. L. and his heirs and to be at his and their only disposition Now therefore the said T. C. and H. L. as much as in them is or lyeth have remised released quit-claimed and confirmed and by these presents for and from them and either of them their and either of their heirs c. do remise release quit-claim and confirm unto the said G. M. now being in his full and peaceable possession of the Premisses and to his heirs all the estate right title interest possession joynt tenure claim and demand which they the said T. C. and H. L. have by any manner of conveyance or assurance of in or to the Premisses or any part or parcel thereof and do by these presents further deliver and confirm the Premisses with the appurtenances and all their and either of their said estate right title interest possession claim or demand of in and to the same Premisses with the appurtenances and every part and parcel thereof unto the said Sir G. M. his heirs and assigns To have and to hold the said Mannor Messuages Lands Tenements Hereditaments and all and singular the Premisses with the appurtenances unto the said Sir G. M. his heirs and assigns for ever to the only use and behoof of the said G. M. his heirs and assigns for ever to hold of the chief Lords of the see Blunden by the rents and services for the same heretofore due and accustomed c. with warranty as in others A Release of an Assignment made upon Condition TO all Christian People to whom c. IO. greeting c. Whereas M.C. by his Indenture bearing date c. did for the consideration therein mentioned bargain sell assign and set over to me the said I. O. my Executors Administrators and Assigns all his estate right title interest term of years and demand of and in all that capital Messuage c. and divers other Lands and Hereditaments in L. in the said County of E. in the said Indenture mentioned upon condition nevertheless that if T. R. c. his Executors or Assigns any of them did well and truly pay or cause to be paid to me the said J. O. my Executors or Assigns the summe of 2000 pound of c. at or c. on the Feast day of c. without fraud or coven that then and at all times from thenceforth the said Indenture of assignment made by the said M. C. and every covenant grant article and thing therein contained should determine and be utterly void and of none effect and then also c. Reciting thē Covenant verbatim as in the Assignment as in and by the said Indenture of Assignment to me made by the said M. C. amongst divers other Covenants Clauses Articles and Agreements therein contained more at large it doth and may appear Now know ye That I the said J.O. have had and received and by these presents do testifie acknowledg and declare to have received and had of the said T.R. at and upon the said Feast-day of c. in the said Proviso or Condition in the said recited Indenture of Assignment mentioned the Summe of 2000 l. c. according to the tenor and purport of the said proviso or condition in the said recited Indenture contained of which said Summe of 2000 l. so by me received as is aforesaid and of every part and parcel thereof I the said J. O. do acknowledg my self fully satisfied and paid and thereof and of every part and parcel thereof and of all and all manner of interest title and demand in or to the Premisses or any of them do clearly exonerate acquit and for ever discharge the said M. C. and T. R. and either of them their and either of their Heirs Blunden Executors and Administrators and every of them by these presents In witness c. A Release of a Mannor TO all Christian People to whom this present writing shall come J. R. greeting c. Know ye That I the said J. R. for divers good causes and considerations me in this behalf specially moving have remised released and quit-claimed and by these presents do for me and my heirs remise release and for ever quit-claim unto T.G. and M. his wife in their full and peaceable possession and seisin being and to the heirs and assigns
and Administrators all and all manner of other actions sutes and demands whatsoever which at any time heretofore he hath had or at any time hereafter shall or may have to or against the said D. N. his Executors or Administrators for or by reason of any other matter cause or thing whatsoever from the beginning of the World untill the c. day of c. In witnesse c. A Release of a Condition in an Indenture of Bargain and Sale with the Proviso recited TO all Christian People to whom c. T. C. and R W. c. greeting c. Whereas the said T. C. and R. W. by their Indenture of Bargain and Sale bearing date as well for and in consideration of the sum of 1000 l. c. then in hand paid to E.E. by M. P. as for 20 s. of c. paid unto the said T. C. and R. W. and for divers other good causes and considerations them thereunto especially moving did bargain sell enfeoffe and confirm unto the said M. B. his heirs and assigns for ever all that their Park of N. c. verbatim as in the Indenture of Bargain and Sale as by the same recited Indenture amongst divers other grants covenants provisoes clauses and agreements therein contained more plainly and at large it doth and may appear In and by which said Indenture before recited there is a condition or proviso contained in these words or to this effect following that is to say Provided alwayes That if the said M.B. c. reciting the Proviso or Covenant truly Now know ye That we the said T.C. and R. W. for divers good and reasonable causes and considerations us in this behalf specially moving have remised released and quit-claimed and by these presents do for us and our heirs remise release and do for ever quit-claim unto the â—aid M.B. being in his full and peaceable possession and seisin of the premisses and to his heirs and assigns to the only use and behoof of him the said M.B. his heirs and assigns for ever the said proviso and condition and all and every article matter and clause concerning the same and all the estate right title interest claim condition entry benefit and demand and every of them whatsoever which we the said T.C. and R.W. or either of us have or hath or may or ought to have or claim of in or to the said Park called N. Lodges lands tenements meadows feedings pastures woods under-woods waters fishes fishings waste-ground hereditaments and all and singular other liberties profits and commodities whatsoever mentioned or expressed or intended to be granted bargained or sold in or by the said recited Indenture dated c. and of in and to every part and parcel thereof with the appurtenances so that neither we c. as in other before with warranty as aforesaid A Release of an Annuity TO all Christian People to whom c. A.B. greeting c. whereas the said A. B. by his Deed c. reciting the grant of Annuity Now the said A. B. in consideration c. hath granted remised released and quit-claimed and by these presents doth grant remise release and for ever quit-claim unto the said R. O. being the true and lawful owner of the said Mannor of R. and in possession of the same at the ensealing and delivery hereof the said Annuity or yearly Rent of thirteen pounds c. and all the arrerages thereof if any be and all the estate right title interest benefit claim and demand whatsoever of him the said A. B. in and to the said Annuity or yearly Rent of 13 l. or any arrerages distresse or distresses entry or forfeiture had or taken or which may or can be had taken or claimed for concerning or by reason of the said Annuity or yearly Rent or Arrerages thereof if any be In witness c. A Release of the Condition and other Covenants in an Indenture of mortgage with a confirmation from the Mortgager to the Mortgagee THis Indenture made the c. between Sir H. H. c. of the one party and R. H. and G. L. of the other party Whereas the said Sir H. H. by one Indenture bearing date c. as well for and in consideration of the Summe of 400 l. then already paid unto the said H.H. before the ensealing and delivery of the said Indenture as also for and in consideration of the Summe of 1000 l. c. to be paid unto the said H. his Executors or Assigns at such a day time and place and in such manner and form as in the said recited Indenture dated c. were set down and expressed hath given granted bargained sold confirmed and delivered unto the said R.L. and G. L. their heirs and assigns forever all that the Mannor or Lordship of E. in the County of L. c. as in the Indenture And sithence the said Sir H.H. and R. his wife have â—â—vied a fine of the said Mannor or Lordship Messuages 〈…〉 Tenements and of other the Premisses or of the greatest part thereof unto the said R. L and G. L. and to the heirs of one 〈◊〉 them And sithence a Recovery in and by a Writ of Entry Sâ— disseisin en le post hath been had of the premisses or oâ— the most part thereof against the said R.L. and G. L. who vouched therein to warranty the said H.H. who thereupon entred into the warranty and vouched over to warranty the common voucher in and by all things according to the usual order and form of Common Recoveries with double voucher for assurance of Lands and Tenements which Recovery hath been executed by Writ of Habere facias seisin accordingly which said fine and recovery and all other fines and recoveries whatsoever sithence the date of the said Indenture had levied or suffered by or between any of the said parties to the same Indenture or any of them of the premisses or of any part or parcel thereof were had levied and suffered to the only use of the said R. L. and G. L. and their heirs upon the condition contained in the same Indenture and according to the intent and true meaning of the same Indenture dated the said first day of c. and to no other use intent or purpose In which said Indenture dated the said first of c. there is a Proviso or condition contained in these words or to this effect following that is to say Provided alwayes c. reciting the Proviso And in which said recited Indenture dated the said first day of c. there is a Covenant contained in these words or to this effect following that is to say And the said R. L. and G. L. do covenant and grant c. reciting the Covenant That the Mortgager may have and receive the issues of the Lands mortgaged till the day of payment c. And in which said recited Indenture dated the said first day of c. there is also contained a Covenant in these words or to
this effect following viz. In consideration whereof the said R. L. and G. L. for themselves their Heirs Executors and Assigns and every of them do covenant and grant to and with c. by the se presents That if neither the said H.H. his heirs or assigns nor any of them do pay the said Sum of 4000 l. c. to the said R. L. and G. L. their Heirs Executors Administrators and Assigns nor to any of them according to the intent and true meaning of the said proviso or condition before herein mentioned that then they the said R. L. and G. L. their Executors Administrators or Assigns or some of them shall and will well and truly pay or cause to be paid unto the said H. H. his Executors Administrators or Assigns or some of them at the said c. the Summe of 1000 l. c. at or upon the second day of c. as the residue and in full satisfaction of the clear and absolute purchase of the said Mannor or Lordship Lands Tenements and other the premisses without fraud coven or further delay as in and by the said recited Indenture dated the said first day of c. amongst divers other Covenants Grants Articles and Agreements therein contained more plainly at large it doth and may appear Now this Indenture witnesseth That the said H. H. for divers good and sufficient causes and considerations him the said H. H. especially moving hath remised released and quit-claimed and by these presents doth for him and his heirs remise release and for ever quit-claim unto the said R.L. and G. I. in their full and peaceable possession and seisin being of the Premisses and to their heirs and assigns to the only proper use and behoof of them the said R.L. and G. L. their heirs and assigns for ever the said proviso and condition and all and every article matter and clause concerning the same and all and every the said covenants before herein recited and every article sentence and clause concerning the same and every or any of them all the estate right title interest claim condition entry benefit and demand whatsoever which he the said H.H. hath or may might should or ought to have claim of in or to the said Mannor or Lordship of E. Mannors Messuages Lands Tenements Rents Reversions Services c. and all other profits liberties commodities hereditaments and other the Premisses with their and every of their rights members and appurtenances whatsoever mentioned or expressed or intended to be given granted bargained and sold in or by the said recited Indenture dated the said first day of c. and of in and to every part and parcel thereof with the appurtenances and all manner of conditions covenants articles for conditions broken and demands whatsoever of touching or in any wise concerning the said Mannor or Lordship Lands Tenements and other the Premisses or any part or parcel thereof so that neither he the said H. H. nor his heirs or any of them nor any other person or persons for him them or any of them or in his or any of their name or names or in the name or names of them or any of them shall or will at any time or times hereafter ask claim challenge or demand to have any manner of estate right title interest or demand of in or to the said Mannor or Lordship and other the premisses or any part or parcel thereof other than such estates terms and interests as are in the former recited Indenture excepted But that he they and every of them except before excepted shall be thereof and of and from every part and parcel thereof from henceforth utterly barted and excluded for ever by these presents And further the said H. H. doth for him and his heirs confirm the estate of the said R. L. and G. L. of and in the said Mannor or Lordship Messuages Lands Tenements and other the Premisses To have and to hold all the said Mannor or Lordship Lands Tenements and other the Premisses to the said R. L. and G. L. their heirs and assigns for ever absolutely without any manner of condition whatsoever to the only proper use and behoof of them the said R. L. and G. L. their heirs and assigns for ever And the said H.H. and his heirs the said Mannor or Lordship Lands Tenements Hereditaments and all and singular the Premisses with their and every of their appurtenances unto the said R.L. and G. L. their heirs and assigns to the only proper use and behoof of them the said R. and L. their heirs and assigns for ever against all men shall and will warrant and for ever defend by these presents And the said H.H. doth also by these presents remise release and quit-claim unto the said R.L. and G.L. their heirs and assigns all manner of Errors Foster Writs of Error and personal demands whatsoever In witnesse whereof c. An Indenture of allotment of several parts of Lands THis Indenture sextipartite made c. between W. C. on the one part E. D. and D. his wife on the second part P. H. and F. his wife on the third part R.P. and M. his wife on the fourth part W.C. and E. his wife on the fifth part and T. L. and F. his wife on the sixth part Witnesseth That whereas divers and sundry Mannors Lands Tenements Rents Reversions Services and Hereditaments with the appurtenances late the inheritance of the late Lady J. B. deceased sometimes wife of the Right Honourable Sir E. B. Knight likewise deceased set lying and being in divers and sundry Countries Shires and places within the Territories of England by and after the death of the said Lady J. B. did lawfully descend and come and of right ought to descend and come unto the said W.C. E.D. and D. his wife P. H. and F. his wife R.P. and M. his wife W.C. and E. his wife T.L. and F. his wife that is to say to the said W.C. as Cosin and one of the coheirs of the said Lady J. B. that is to say Son of the Lady A. C. deceased daughter of the said Lady J. B. by G. C. Knight Lord C. late husband of the said Lady A. now likewise deceased lawfully begotten to the said D. C. and D. his wife in the right of the said D. one other of the Daughters and Co-heirs of the said Lady J. B. To the said P.H. and F. his wife in the right of the said F. one other of the Daughters and Co-heirs of the said Lady J.C. To the said R.P. and M. his wife c. one other of the Daughters and Co-heirs of the said Lady J. B. to the said W. C. and E. his wife as in the right of the said E. one other of the daughters and co-heirs of the said Lady J. B. and to the said T. L. and F. his wife as in the right of the said F. one other of the Daughters and co-heirs of the said Lady J. B. by reason whereof the
said W. C. E. C. c. into the said Mannor Messuages Lands Tenements and Hereditaments with their appurtenances entred and were thereof seized in Coparcionari That is to say the said W. C. in his own right and the said E. C. and R. P. c. and their said wives in the right of their said wives and they being thereof so seized of their wills and mutual assent and agreement the seventh day of c. last past before the day of the date hereof did make partition thereof in manner and form following that is to say they did grant and indifferently divide and sever all the Mannors Messuages Lands Tenements and Hereditaments with their appurtenances to them descended and come as is aforesaid and which he hereafter expressed into six several parts or shares and agreed that every of the said six severall parts should be severally written and mentioned in a scroul of paper by it self and that afterwards every of the said six several scrouls of paper should be by an indifferent man thereunto appointed by their mutual assents severally inclosed and covered in and with wax made like little balls of like bigness and weight so as no man may see any of the scrouls and that then the said little balls of wax should be put in a bonner to be kept in the hands of an indifferent man thereunto appointed by their mutual assents and that the said W. C. being heir unto the eldest Daughter of the said Lady J. B. or his Deputy thereunto sufficiently authorized should first put in his hand into the said bonnet and should first take and choose out of the same bonnet one of the said balls and that he should have and hold to him and to his heirs for ever for his part portion and purport of the Premisses only those of the said Mannors Lands Tenements and Hereditaments that should be mentioned and written in the scroul inclosed and covered in and with the ball of wax that he or his said Deputy for him shall take and choose and that the said W. C. having married the said E. being the second Daughter of the said Lady J. C. or his Deputy thereto sufficiently authorized should for him the said W. and the said E. his wife being the second Daughter of the said Lady B. secondly put in his hand c. and should secondly take and choose c. one other of the said balls And that the said W. C. and E. his wife should have hold and enjoy to them and to the Heirs of the same E. for ever as in the right of the said E. of the premisses only those c. and that the said P. H. c. as Mr. C. mutat mutand and so the other all which was done accordingly And the said W. C. putting in his hand first into the said bonnet and taking and choosing out of the said bonnet one of the six balls wherein was one of the said six scroules in which was written and mentioned the Mannor of W. with the appurtenances late of the said Lady J. B. and all the Lands Tenements Meadows Feedings Pastures Rents Reversions Services and Hereditaments with their appurtenances which were of the said Lady B. in W. M. and W. H. in the County of c. the the Mannor of T. c. And the said W. C. putting in his hand second in the said c. the said P. H. c. the said R. P. c. the said E. C. by his Deputy c. the said T. L. c. Know ye That the said parties and every of them do and doth by these presents for him her and them and his and their heirs assent to the said partition of the Premisses so between them hereof made and had as aforesaid And that every of them doth and do for him her and them and his and their heirs accept and take the part portion and purpart to him her and them happened and allotted as is aforesaid in full recompence of his her and their part portion and purpart of all the Mannors Lands Tenements and Hereditaments to him her and them and any of them descended or come from the said Lady B. And that every of the said parties doth and do for him her and them and his and their heirs ratifie and confirm the said portion and also that every of the said parties doth and do for him her and them and for his her and their heirs ratifie and confirm to the other of them and their heits the Mannors Lands Tenements and Hereditaments to the other of them allotted and happened by vertue of the partition as is aforesaid as also all the estates and interests which the other of them hath therein and to the intent that no dissention or variance should hereafter happen or arise betwixt the said parties to these presents their heirs or assigns or any of them for touching or concerning the said Mannors Lands Tenements and Hereditaments with their appurtenances or any part or parcel thereof it is covenanted granted condescended concluded and fully agreed between the said parties to these presents their Heirs and Assigns in manner and form following That is to say first the said W. C. covenanteth and granteth for him his Heirs Executors and Administrators by these presents to and with the said C. D. and D. his wife and the heirs and assigns of the said D and to and with the said P. H. and F. his wife and to the heirs and assigns of the said F. and to and with the said R. P. c. and the heirs and assigns of the said c. and to and with the said W. C. and the said c. and to and with the said T. L. and the said c. severally for their parts portions and purparts of the Premisses that he the said W. C. his heirs and assigns and every of them at all times hereafter and from time to time whensoever he the said W. C. his heis or assigns or any of them shall be thereunto reasonably required by the said E. D. or D. his wife or either of them or the heirs or assigns of the said D. for the said part portion and purpart of the said D. of and in the premisses and by the said P. H. c. and by the said R. P. c. and by the said W.C. c. and by the said T. L. c. To make do acknowledge and suffer or cause to be made done acknowledged and suffered all and every act and acts thing and things for the further and more better assurance and sure making in the Law unto the said E. D. and D. his wife and to the heirs and assigns of the said D. the said part portion and purpart of the Premisses allotted and fallen unto the said E. D. and D. his wife as is aforesaid and unto the said P. H. c. and unto the said R. P. c. and unto the said W. C. c. and unto the said T. L. as by the said
E. C. and D. his wife and the heirs and assigns of the said D. or by their or any of their Councel learned in the Law and at their or any of their costs and charges in the Law for their said part portion and purpart of the Premisses and by the said P. H. c. and by the said R.P. c. and by the said W. C. c. and by the said T. L. c. shall be reasonably advised devised and required be it by Fine Feoffment Recovery with Voucher or Vouchers Deed or Deeds inrolled the inrollment of these presents release confirmation and by all these wayes and means or by any of them or otherwise with warranty or warranties against the said W. C. his Heirs and Assigns onely or without warranty at the election and pleasure of such as shall require the same as is aforesaid And that the said W. C. his heirs and assigns shall at all times hereafter from time to time exonerate acquit discharge or otherwise save harmless as well the said E. C. and D. his wife and the heirs and assigns of the said D. The said P.H. c. the said R.P. c. the said W.C. c. and the said J.L. c. as also their said parts portions and purparts of the premisses of and from all and all manner of former bargains sales joyntures dowers uses wills statutes Merchant and of the staple recognizances judgements executions issues fines amerciaments intrusions alienations without license rents charges rents seck arrerages of rents and of and from all other charges incumbrances and demands whatsoever they be had made or done by the said W. C. the like several Covenants for all the rest one after another Mutat mutand And the said W. C. and E. his wife P. H. and D. his wife T. L. and F. his wife covenant and grant for them their Heirs Executors Administrators and Assigns by these presents to and with the said W. L. C. his heirs and assigns That if the said Mannor of W. M. shall happen at any time hereafter to be charged chargeable or extendable by reason of any Statute Recognizance or otherwise for any summe or summes of money before the said seventh day of c. last past due or payable by any act done or acknowledged by any other than the said W. L. C. That then the said E. L. C. and D. his wife c. P. H. c. R. P. and c. W. C. and c. T. L. and c. their Heirs Executors and Administrators shall equally at their indifferent charges bear and pay five parts in six parts to be divided of such summe and summes of money for which the said Mannor of W. M. shall be so charged chargeable or extendable In witness c. An Indenture to avoid the title of Survivorship where Lands are granted to two by Lease THis Indenture made c. between c. Whereas the said A. B. and C. D. in and by one Indenture of Lease made c. do stand and are joyntly interessed and possessed of and in all that the Mannor Lands c. for and during c. as by the said Indenture at large appeareth And for as much as both the said parties are willing and desirous that the Survivor or 〈◊〉 of them shall not at any time hereafter take any commodity or advantage of the Premisses or any parcel of them by way of survivor or overliver according to the course and order of the Common Laws of this Kingdom by reason of the joynt title estate and interest which they have in and to the Premisses by vertue of the Indenture of Lease aforesaid Therefore it is fully covenanted concluded condescended and agreed upon between the said parties in manner and form following viz. first the said A. B. doth c. to and with c. that if it do fortune or happen the said A. B. to survive and overlive the said C. D. for avoiding the said title of survivor in and to the Premisses That he the said A. his Executors Administrators and Assigns shall and will peaceably and quietly permit and suffer the Executors Administrators and Assigns of the said C. D. being then deceased to have occupy and enjoy to their own proper use and uses and to the proper use of any of them in common or in severalty immediately after the death of the said C. at his or their will and pleasure all that the moiety part and purpart of the said C. in and to the premisses and every of them into two equal parts to be divided during the residue and remainder of years of the term of years above mentioned which then at the death of the said C. shall be to come and unexpired without the let or disturbance of the said A. his Executors or Assigns the title of Survivor of and in the Premisses in any wise notwithstanding And also the said C. D. doth covenant c. to and with A. B. c. for avoiding of the said title of Survivor in the Premisses That if it do fortune or happen the said C. to survive and over-live the said A. B. that he the said C. D. ut supra mutat mutand And the said A. B. doth covenant c. to and with c. in manner and form following viz. That he the said A. his Executors Administrators or Assigns or one of them shall pay the moiety and one half of the said yearly Rent of c. unto the said T. B. his Heirs and Assigns in the Indenture of Lease fore-mentioned and also shall bear and discharge half of all the covenants reparations and charges therein contained which on the part of the said A.B. and C. D. are to be observed and done in the said Indenture of Lease comprised And further That the said A. B. his Executors or Assigns shall well truly and safely keep the said Indenture of Lease unsurrendred uncancelled undefaced and whole to the defence saving and preservation as well of the interest title and term of the said C. B. as also of the title interest and term of the said C. D. in and to the Premisses during the term aforesaid the like Covenant for C. D. mutat mutand An Indenture where two have a joynt Estate upon Covenant That either of them may have an equal part in the Land or money lent taking no benefit by Survivorship THis Indenture made c. between A. B. on the one part and C. D. on the other part witnesseth That whereas E. F. by a certain Indenture dated c. for the consideration therein expressed did fully and clearly bargain fell give and grant unto the said A.B. and C. D. their heirs and assigns for ever All that Mannor c. as it is recited in the Sale unto the Habendum then say with divers other covenants grants and articles therein contained amongst which there is a certain Proviso contained and by the same proviso it is provided and agreed That if the said E F.
said life yearly from henceforth to have kill and take at or within our said Park the said Buck in Summer and the said Doe in Winter according to the tenor of this our gift and warrant dormant any restraint or commandment heretofore had made or given to the contrary hereof notwithstanding And this our Warrant signed and sealed with our proper hand shall be unto you and every of you a sufficient warrant and discharge against us and our heirs at all times in this behalf Given under our seal and sign manual c. A Condition to cure a Disease or to repay the money THe Condition of this Obligation is such That whereas the within named A.B. the day of the date within written have delivered and given the within bounden C. D. the Summe of eight pound in consideration that the said C. D. should on this side and before the third day of c. next coming after the date within written cure and make whole the said A. B. of the disease or diseases wherewith the said A. B. is now grieved If therefore the said C. D. do before the said third day of c. next well and sufficiently and safely cure and make whole the said A. B. of the said Diseases and also in case the said A. at any time after and before the Fourth day of c. next following be grieved or vexed with the said Diseases or any part thereof or that the said Disease or any part thereof do before the said Fourth day of c. issue or grieve upon any part of the body of the said A.B. then if the said C. D. his Executors or Assigns within twenty dayes next after the said Fourth day of c. do well and truly repay or cause to be repaid unto the said A. B. his Executors Administrators or Assigns the said Summe of eight pound without fraud or covin Then c. Not to sell Lands had by Marriage THe Condition c. That if neither the within-bounden A.B. his Heirs Executors Administrators nor Assigns nor any of them do at any time or times hereafter give grant bargain sell demise let set or otherwise do away all or any of the Lands Tenements Woods Under-woods Possessions or Hereditaments or any part or parcel thereof which he the said A. B. now hath and enjoyeth and is possessed of at this present day by reason of a marriage late had and solemnized between him the said A. B. and I. now his wife c. lying and being in the Towns Parishes Hamlets and Fields of S. and H. in the County of C. or elsewhere within the Kingdom of England to any manner of person or persons without the special licence will consent and agreement of the within named C.D. his Executors or Assigns first had and obtained in writing for the same That then c. To assure a Summe of Money in consideration of a Marriage THe Condition c. That whereas the within bounden A. B. intendeth by Gods grace shortly to marry and take to his wife one C. D. sister of the within named E. F. of the said A. B. do by his last Will and Testament or otherwise without any fraud or covin in case the said C. D. shall after marriage had between them survive the said A. B. lawfully give and assure to the said C.D. the Summe of five hundred pound c. or else goods and chattels to the value or worth of c. over and besides such chains bracelets jewels and apparel which the said C. D. shall fortune to have at the day of the death of the said A. B. which said Summe of five hundred pound or else the said goods and chattels which then shall be worth the said Summe of five hundred pound and the said chains bracelets jewels and apparel the said C. D. her Executors Administrators and Assigns shall and may at all times from the day of the death of the said A.B. peaceably quietly and lawfully have use give set and enjoy at her and their pleasure without any let or interruption of the said C.B. his Executors Administrators or Assigns or of any other person or persons by his or their means assent or procurement That then c. To assure an Estate THe Condition c. That if the within bounden A.B. and C. D. his wife and either of them and their heirs at the proper costs and charges in the Law of the said E.F. his Heirs and Assigns at all times within the space of two whole years next ensuing the date hereof do make assure and convey or cause to be made and conveyed unto the said E. F. and his heirs or to such other person or persons and their heirs as the said E.F. and his heirs shall name and appoint to his and their proper uses and behoofs such a good lawful sufficient and perfect estate or estates assurance or assurances in the Law of and in all the Lands Tenements and Hereditaments whatsoever with the appurtenances both free and copy which late were G.F. deceased Father of the said E. F. set lying and being in B. in the County of C. be it by Deed or Deeds enrolled fine feoffment recovery surrender or surrenders release with warranty against the said A.B. and C. his wife and either of them and their heirs as by the learned Councel of the said E. F. his heirs or assigns shall be reasonably advised or devised the same Premisses then to be clearly discharged of and from all former bargains sales gifts grants and all other charges titles troubles and incumbrances whatsoever they be had made or done by the said A.B. and G. his wife or either of them in the mean time That then c. That the Lessee shall not carry away any Wainscot or Windows at the end of his Lease THe Condition c. That whereas the within named A.B. by his Indenture of Lease bearing date c. hath demised and to farm letten unto the within bounden C. D. all that Tenement with the appurtenances c. now in the occupation of the said C. D. for the term of certain years yet enduring as by the same Indenture more plainly may appear If therefore the said C.D. c. do not at the end of the term of years mentioned in the said Indenture of Lease before recited carry away any of the Wainscor Settles and Cupboards standing and being in the c. or the Keys and Locks being upon the Doors and Cupboards of Wainscor aforesaid of and within the said Tenement nor take away any of the Windows now standing appending or appertaining to the said Tenement but do permit and suffer them there to remain at his departure in as good case as now they are reasonable wearing only excepted That then c. The Obligee to pay money for Wares delivered in trust to another that shall make default of payment THe Condition c. That whereas the within named A.B. hath delivered upon trust to one C.D. certain Wines amounting
this That a Deed to lead the use of a fine may be either by an Instrument Poll or Indented and the Indented may be either single of two parts of three parts called Tripartite or four parts called Quadripartite or of more parts as the case is thus This Indenture c. between A. of the one part and B. of the second part Or Tripartite as This Indenture c. between A. of the first part B. of the second and D. of the third part Or Quadripartite between A. of the first part C. of the second part E. of the third part and G. of the fourth part and so to name all the persons except the common Vouchee that bear any part in the Deed Fine or Recovery And so in all other matters as the case is the Indentures are to be drawn up In the last place I will cite Six or Seven Cases in this Point and so go on to the next head 1. In 31 H. 8. Nota That a Fine being enrolled in London doth bind as a Fine at Common Law but not as a fine with Proclamations and there needs no Livery of Seisin upon the Deed and this is a Discontinuance without Livery for that by the custome there this bindeth as a fine and the Customes are confirmed by divers Acts of Parliament Litt. Broo. Case 155. 2. In Pasche 2 Jac. B. R. in the Case of the Countess of Rutland against the Earl of Rutland It was held upon Evidence to a Jury and to them delivered by the Court for Law That if there be an Indenture for levying of a Fine to such persons before such a time to such uses and the fine be levied to the same persons within the same time it shall be to the same uses And no Averment can be to the contrary unless it be by other matter in writing But if a fine be levied to other persons or at another time it may be well averred by Paroll to be to other uses For in the first case the Indenture is directory to the fine and in the other case it is but Evidence Cro. 2.29 3. If a Woman who is an inheritrix covenants by Indenture without the knowledg or consent of the husband to levy a Fine to certain Conusees and Uses in the Indenture mentioned and afterwards the Husband covenants by another Indenture without the knowledg and consent of his wife to levy a fine to other Conusees and Uses in that Indenture mentioned and afterwards the husband and wife joyn in a fine to the Conusees in the Indenture of the wife mentioned In this case the Limitations and Declarations of both the Uses in both the Indentures are void and the Fine shall be by construction of Law to the use of the woman and her heirs as if no use had been declared for the wife alone though she be Owner of the Land yet being sub Potestate Viri cannot limit the use on the one side And the husband who hath not any thing in his own right cannot without the good liking of the wise limit the use of the Wives Land So the one is not sui Juris and hath an Estate The other is sui Juris and hath not the Estate and therefore when they differ in the limitation of the Uses all which they do must be void 4. Tenant for life by Fine granted totum statum to A. and his heirs the Grantee dyes the heir being impleaded in a Praecipe prayed ayd and could not have it because it is but an Occupance Co. 10.95 Dyer 321. 5. In the Case of Iseham and Morris Pasch 4 Car. 1. It was Resolved among other things That where one is Lessee for years and assigns over his Lease in trust for himself and afterwards purchases the Inheritance and occupies the Land and then levies a a Fine with Proclamations and the Lessee doth not claim the Lease within the five years this Fine and Non-claim shall barre the interest of the Lessee though he who levied the Fine hath the possession by reason of the Trust But this Trust is included in the fine and the Trustee not making claim his Interest is barred thereby Cro. 1.78 6. Nota. It was agreed by all the Justices and by the Prothonotaries That if the Disseisor levy a Fine and the Disseisee in the preservation of his right against the said fine enter his Claim in the Record of the foot of the fine that the same is not any such claim as shall avoid the Stat. of 4 H. 7. See for this the Lord Zouches Case in Plowd Com. Mich. 29 Eliz. in C. B. 7. In Hill 45 Eliz. B. R. Fitz-Williams Case in Ejectione Firmâ— it was found That Fitzwilliams did suffer a Recovery to the use of himself and his wife with a Remainder to John Fitz-Williams and with a Proviso in these words Provided That it shall be lawful for him and his wife by their Joynt Deed sealed before three Credible witnesses to alter change revoke determine and make void any use or uses Estate or Estates limited in the said Deed and to limit new uses and that from thenceforth the Recovery shall be to the new uses And it was found moreover that Fitz Williams made a Deed and by it declared That it was their intent to alter change determine revoke or avoid all the former uses to J. F. and thereupon without more words limit new Uses In this Case it was doubted If the old Uses were well revoked and the new uses in being And after many Arguments it was adjudged a good Revocation of the old Uses and a good limitation of new uses Moors Rep. 683. And it seems the like Law is of the Uses of a Fine 8. A Fine was levied to A. to the use of A. for life the Remainder to E. in tail the Remainder in fee to B Provided That if B. pay 100 l. that he shall have Tail in fee expectant In this case upon the payment the use shall arise accordingly Dyer 314. 9. If there be Tenant for life the Remainder in see to an Infant and they both levy a Fine and after the fine is reversed as to the Infant yet the Conusee shall have the Land for the life of the Tenant for life because that each of them gave that which he might lawfully give Englishes Case Co. 1. Part 76. in Bredons Case I will in the last place give you the Statutes concerning Fines The first of which is 27 H. 1. Stat. 1. cap. 1. De finibus levatis Exception against a Fine that the Plaintiffs or Defendants or their Ancestors were alwayes seised of the Lands contained in the fine shall not from henceforth be admitted in the Parties to the fine or their heirs The Fines shall two dayes in the Week be publikely and solemnly read and all Pleas cease in the mean time 34 Ed. 3. cap. 18. The Plea of Non-claym of Fines from henceforth to be levied shall not be any barre Marlb 1. cap. 7. All Fines
whereupon Proclamations be not or shall not be duly made by reason of the adjournment of any term by Writ shall be as good as if any Term had been holden from the beginning to the end and Proclamations therein made according to the Statute 5 H. 4. cap. 14. All Writs of Covenant and other whereupon Fines be levied the Dedimus Potestatem and all Conusances and Notes of the same before that they be drawn out of the Common Bench by the Chirographer shall be enrolled in a Roll to be of Record for ever out of the which execution shall be had if the notes or fines shall be imbezelled 34 H. 7. cap. 24. Every Fine after the engrossing shall be proclaimed in the Court the same Term and the three next four several dayes in every Term all Pleas ceasing the whilest which Proclamations so made the fine shall conclude all Privies and Strangers except women covert persons within 21 years of age in prison out of the Realm or of nonsane memory being no parties to the fine so they or their heirs take their action or lawful entry within five years after those imperfections removed Saving to all persons and their heirs other than parties the right claim and interest which they have at the time of the fine so that they pursue it by Action or lawful Entry within five years next after the Proclamations And saving to all other persons such right title claym and interest as first shall grow remain or come to them after the Proclamations by force of any matter before the fine so they take their right according to the Law within five years after it growes c. And those that be Covert Baron c. at the time when it groweth c. that they or their heirs take their actions or lawfull entry within five years after those imperfections removed Saving also to all not parties nor privies the exception that none of the parties nor any to their use had any thing in the Lands at the time of the fine 31 H. 8. cap. 36. All Fines levied by any person of 21 years of age of Lands entailed before the same fine to himself or his Ancestors in Possession Reversion Remainder or Use shall immediately after Proclamation made be a sufficient Barre against him and his heirs clayming only by such entayle and against all other clayming onely to his use or the use of any Heir of his Body 23 Eliz. cap. 3. Every Writ of Covenant or other Writ whereupon any Fine is levied the Return thereof the Dedimus Potestatem and return thereof the Concord Note and Foot of the Fine the Proclamations and Queens silver Also every Writ of Entry in the Post or other Writ whereupon any Common Recovery is suffered the Writs or Summons ad Warrantizandum and the returns of all these Writs and every Warrant of Atturney may at any mans request be enrolled which enrollment shall be of as great force to all purposes in Law as the things themselves if they were extant No Fine Proclamation or Common Recovery shall be reversed by Writ of Error by reason of false Latine rasure interlining mis-entring the Warrant of Atturney or of any Proclamation mis-entring or non-return of the Sheriff or by reason of any other defect of Form in words and not in matter of substance 31 Eliz. cap. 2. Proclamations of Fines shall be onely four times viz. once in the Term wherein the fine is engrossed and once every of the three Terms next after Of a Recovery A Common Recovery is onely Fiâ—lio Juris being a certain form used for the better assuring of Lands or Tenements upon any man And this Recovery by assent is now by common usage a kind of conveyance upon which a use may be limited and averred And there is a great difference between a Recovery by assent and a Recovery without assent though without title Co. 1. Sir William Pelhams Case 14. In the formalities whereof three things or parties are required viz. a Demandant a Tenant and a Vouchee as efficient causes thereof and the Land demanded as the matter thereof 1. The Demandant is he that brings the Writ of Entry and may be termed properly enough the Recoveror 2. The Tenant is he against whom the Writ is brought and may be stiled the Recoverce 3. The Vouchee is he whom the Tenant voucheth or calleth to warranty for the Land in demand And it is either with a single Voucher which is where the Writ is brought against him that is to pass the Land immediately and he doth vouch over the common Vouchee And sometimes with a double Voucher which is when the writ is brought against another to whom he that is to pass the Land hath aliened it and he doth vouch him that is to make the assurance and he doth vouch over the common Vouchee and this is the surest and safest kind of Recovery And this may be also with a treble Vouchee And here observe That a Common Recovery is much of the nature of a Fine and hath much favour from the Law at this day and is in some respects better than a Fine for a fine will barre the Heir in tail but not him in Remainder or Reversion but a Recovery bars them all Co. 1.22.62 The method of suffering a Recovery and the manner and order of proceeding therein is as followeth First There must be a Writ of Entry and therein a Demandant a Tenant and a Vouchee for if either of these be wanting it is not a compleat Recovery and such persons and by such names may be Demandants Tenants and Vouchees in Recoveries as may be Cognisors and Cognisees in Fines Co. upon Litt. 372. But the persons and parties must be competent and capable and there must be a lawful Tenant to the Praecipe 2. In the Writ of Entry there must be Land contained or some other thing demanded and that such as is demandable and therefore we are to take notice That of such things and by such names as a Writ of Covenant for the levying of a fine may be had a Writ of Entry for suffering a Recovery may be had See Doctor and Student 52. Mores Rep. 953. 3. It must not contain the same thing twice as to name a Messuage and a House parcel of the same Messuage nor a Town and a Hamlet within the same Town 4. If the Writ of Entry be returnable Crastino Martini the Writ of Summons ad Warrant thereupon must bear Teste from the return of Crast Mart. and be returnable nine returns after the return of the Writ of Entry inclusivè that is accounting Crast Mart. for one of the nine returns and Tres Paschae which is the ninth return after Crast Mart. for another And the Teste of the Writ of Seisin must be the day of that ninth return and be returnable fifteen days after If a single Recovery and a Fine be against the Tenant the Writ of Entry must bear date and Teste before the Writ of
Covenant and be returned before it 5. If a Writ of Covenant be brought against the Tenant and a Writ of Entry against the Demandant then the Writ of Covenant must bear date and be returned before the Writ of Entry and this is called the double Voucher 6. That all Writs of Entry must be signed by the Kings Attorney before they be sealed and Fines to the King are to be paid upon them as upon Writs of Covenant The Warrant of Attorney by the Clerk of the Warrants and the Writ of Entry Summons and Seisin are to be returned and filed with the Custos Brevium and the Judgment to be entred by the Prothonorary 7. That in a Recovery with a double Voucher the fine must be sued first to make him Tenant to the Writ of Entry brought either by right or wrong for every Writ of Entry must be brought alwayes against him that is Tenant of the Freehold of the Land demanded at the time of the Writ brought he must be at least Tenant for life or a Disseisor of the Land whereof the Recovery is had for the Estate of the Tenant in tail which is vouched is barted in respect of the Assets onely which are or may be recovered in value end of execution sued by the Tenant against him Plow 11. Dyer 252. And if the Tenant have but an Estate for life or in Dower or by Curtesie in these cases to have a good Recovery such Tenant is â—o make a conditional Surrender of his Estate to him in Reversion or â—â—mainder that he may be a perfect Tenant to the Inheritance and then to bring a Writ of Entry against him and after the Recovery is executed the particular Tenant for breach of the Condition may enter and enjoy his Estate notwithstanding such Surrender A President for a Lease to make a Tenant to the Praecipe THis Indenture made c. Between A. B. of c. of the one part and C. D. of c. of the other part Witnesseth That whereas the said A. B. doth hold one Messuage c. in D. in the County of M. the immediate Reversion or Remainder whereof doth belong to the said C. D. and his heirs or to the heirs of his body lawfully begotten for ever Now the said A. B. for the making and perfecting of some assurance shortly to be made of the same Messuage c. by way of common Recovery Hath Granted and Surrendred and by these presents Doth Grant and Surrender unto the said C. D. and his heirs upon the condition herein after mentioned all that the said Messuage c. and all the estate right title and interest of the said A. B. therein To have and to hold to the said C.D. and his heirs upon condition That if the said C.D. do not pay or cause to be paid to the said A. B. the Sum of 1000 l. of lawful English money upon the first day of December next comeing after the date hereof That then and from thenceforth this Grant and Surrender shall be utterly void and it shall be lawfull for the said A. B. into the same Messuage c. to re-enter and the same to repossess and enjoy as in his former Estate In witness c. As to the Warrant of Attorney and Dedimus Poâ—estatem take this First That in the suffering of Recoveries the Tenants and Vouchees do most commonly appear in person But if they cannot or will not then they may make an Atturney And in that case there must be a Conusance for a Warrant of Atturney taken to authorize the Atturneys and a Dedimus Potestatem to some to take it in this manner Lond. ss Praec A. B. et C. uxor ejus quod juste c. redd D. E. Manerium de M. cum pertin c. quae clamâ—ee â—us et haered suam et in quae tidem A. B. non habent ingress nisi post disseâ—â—nam quam H. H. injuste et sine judicio secit praefat D infra 30 annâ—s jam ultim clapsos c. â—t dic c. Lond. ss A. B. et C. po lo. suo W. W. et R. R. Attornat suos conjunctim divisim versus D.E. de placito terrae Lond. ss M. M. Gen. quem A.B. et C. vocant ad warrant po lo. suo I. I. et L. L. Attornat suos conjunctim et divisim versus D. E. de placito terrae Lond. ss G. W. Gen. Quem M. M. voc inde ad warrant po lo. suo R. G. R. S. Attornat suos conjunctim divisim versus D. E. de placieo terrae Secondly That in these cases there must be two Atturneys at the least and to give them an authority joyntly and severally that if one of them dye before the Recovery be suffered the other may have power to do it And in the Counties Palatine it is usuall to put one Atturney and one of the Justices Clerks Thirdly When this is done the Recoveries may be suffered by the Atturneys without the personal appearance of the parties and such Recovery is good only it will require a longer time to perfect it for in this case there must go forth a Summoneas ad warran which must have Nine Returns ere it can be perfected Fourthly The Recovery thus suffered by the parties in person or by their Attorneys the same must be entred by one of the Clerks of the Court of Common Pleas upon the Rolls of the same Court there to remain upon Record The Forms of Recoveries suffered in the Common Pleas Court or elsewhere are well known to Clerks there Practising However I will give you one excellent President of a Recovery suffered in the Court of the Hustings at London and likewise the forms of Indentures to limit and declare the Uses of Recoveries A President of a Recovery suffered in the Hustings Court London with double Voucher PLacita terrae tent in Hustingo in Guyhald ' Lond ' die Lunae proxime post festum sancti Johannis ante Portam Latinam Anno Regni nostri Jacobi dei gratia Angl ' Scot ' Franc ' Hibern ' Regis Pidei Defensor c. viz. Angl ' Franc ' Hibern ' 18. et Scotiae 53. Ad hunc Hustingum ven hic in propria persona sua D.W. et protulit hic in Cur. brev dicti domini Regis nunc de Recto Paten Majori Vicecomiti London directâ— in haec verba scilicet Jacobus Dei gratia Angl ' Scot ' Franc ' et Hibern ' Rex Fidei Defensor c. Majori et Vice-Com Lond. salutem Praecipimus vobis quod sine dilatione plenum rectum teneatis D. W. de 12 Mess 2 Gardinis et 5 Curtilagiis cum pertin in London quae clamat tenere de Nobis per liberum servitium unius denarii per annum pro omni servitio Quae R. V. ei deforc ne amplius inde clam audiamus pro defeâ—n Recti Teste Meipso apud Westm 4 die Maii Anno regni nostri Angl '
is covenanted and agreed should and would convey and assure or cause to be conveyed and assured unto the Right Honourable H. Earl of D. since deceased and to the said R. H. T. T. J. B. and H. H. and their heirs and to the Survivor of them and his heirs all and singular the Mannors of S. B. and S. in the said County of L. and also all and singular Suits Seigniories Services Franchises Priviledges Court-Leets Perquisites of Courts and Leets View of Frank-pledge and all appurtenances Emoluments and Hereditaments whatsoever unto the said Mannors and Lordships or unto any of them belonging and appertaining and also all and singular his Mannors Messuages Lands Tenements and Hereditaments whatsoever within the several Towns Townships Fields Hamlets Precincts and Territories of S. H. A. and O. and elsewhere in the County of L. to the several uses intents and purposes in the said recited Indenture mentioned expressed and declared and to no other use intent or purpose in any wise The particulars of which said Uses do more plainly appear in and by the said recited Indenture relation being thereunto had In which said recited Indenture of the 35 year of her Highness Reign there is nevertheless contained one Proviso or Clause to the tenor or effect hereafter following that is to say Provided nevertheless c. here recite the Proviso of Revocation verbatim Now therefore it is agreed by and between the parties to these presents and the said E. S. according to the tenor power or liberty of the said Proviso being fully minded and determined to alter the Estate and Estates limited in use in or by the said mentioned Indenture of the 35 year of her Highness Reign unto T. S. of B. and the Heirs males of his body and also the Estate and Estates limited in use in or by the said recired Indentures unto J.S. for term of his life without impeachment of wast and after his decease then to E. S. son of the said J. and the heirs males of his body lawfully begotten doth by these presents and by force and according to the said Proviso or the power or liberty thereof revoke repeal and derermine all and every the said estate and estates in any wise limited in use in or by the said recited Indentures unto the said T. S. of B. and the Heirs males of his body lwfully begotten and also all and every the estate and estates in or by the said Indentures limited in use unto the said J.S. for term of his life and all and every the estate or estates in or by the said Indentures limited in use unto the said E. S. son of the said J. and the heirs males of his body lawfully begotten of in for or concerning all and every the Mannors Lands Tenements and Hereditaments with their and every of their appurtenances in any wise comprised or specified in or by the said Indentures And likewise the said E.S. doth hereby limit publish and declare according to the tenor of the said recited Proviso that all and every the Estates in any wise manner or form limited in use in or by the said recited Indenture unto the said T. S. and the Heirs males of his body lawfully begotten as also all and every the estate and estates in any manner or form limited in use in or by the said Indenture unto the said J. S. for term of his life without impeachment of wast and all and every the estate and estates in any wise manner or form limited in use in or by the said Indenture unto the said E. S. son of the said J. and the Heirs males of his body lawfully begotten shall from thenceforth of in for and concerning all and every the Mannor Lands Tenements and Hereditaments with their appurtenances in any wise comprised in the said recited Indenture shall cease determine be frustrate void and of no farther effect or continuance in Law any the limitations of use or uses in the said mentioned Indenture or any other matter or thing whatsoever to the contrary hereof in any wise notwithstanding And that all and singular the said Mannors Lands Tenements and Hereditaments aforesaid with their and every of their appurtenances and the only use thereof shall from henceforth remain continue and be unto the said E.S. party to these presents and his Heirs for ever and not in any sort manner or form unto the said T. S. and the heirs males of his body nor to the said J.S. for term of his life nor to the said E.S. Son of the said J. and the Heirs males of his body lawfully begotten nor to their or any of their Assign or Assigns In witness whereof c. A Declaration of Uses upon the Revocation above-written TO all to whom these presents shall come E.S. of S. in the County of L. Esq sendeth greeting Know ye That I the said E. S. having before the making hereof revoked reduced and revested the Estate of Inheritance of all and singular my Mannors Messuages Lands Tenements and Hereditaments whatsoever with the appurtenances scituate c. in and to me the said E.S. and my heirs for divers causes and considerations me thereunto moving Have Given Granted and Confirmed and by these presents do Give Grant and Confirm unto A. B. of c. and R.L. of c. all and singular my Mannors Messuages Lands Tenements and Hereditaments whatsoever with their appurtenances To have and to hold the said Mannors c. unto the said A. B. and R. L. their heirs and assigns to the several uses behoofs intents and purposes hereafter in these presents specified and to no other use intent or purpose whatsoever that is to say to the onely sole and proper use of me the said E.S. and my heirs and assigns for ever In witnesse c. We will now Illustrate the matter with some few Cases And first 1. In Trin. 25 H. 8. Barloe and those who were seised in Fee of the Land gave it to Jo Aprice and Joan his wife and the heirs of their two bodies engendered and after Jo. Aprice did discontinue the tayl to the use of Richard his Son and Anne his Wife and to the heirs of the body of the said Richard and after the said John dyed and Joan survived him And after Richard enfeoffed one Thomas a Bastard son in Fee After Anne dyes and one Robert Pattershall and others recover the same Lands against the said Thomas in a Writ of Entry in le Post wherein Thomas vouched the said Richard which voucheth over the common Vouchee and thereupon Judgment and Execution was had After this Joan dyed after whose death Richard dyed without lawfull Issue of his Body and after one Thomas Aprice younger Brother to the said Richard and Son of the said John and Joan brought a Formedon in Descender against Thomas the Bastard son and recovered the Land for that Joane was living at the time of the Recovery had and therefore the first entail was not bound and by the death
it stands in force or be reversed by attaint or Writ of Error is final and makes an end of the Suit And here observe 1. That all Judgments are either by Award by Confession by Default or by Tryal Cro. 2.468 2. That a Judgment cannot be depheasanced before it be obtained Cro 1.837 3. That Judgments are much favoured in Law for Judicia in Curia Regis reddita pro veritate accipiuntur et Judicia sunt cantum Juris dicta Judicia in Curia Regis reddita non adnihilentur sed stent in suo robore quousque per errorem aut attinctam adnullentur for Interest reipublicae res judicatas non rescindi et nihil est tam conveniens naturali aequitati quam unum quodque dissolvi eo ligamine quo ligatum est Co. Inst 2. part 360. 4. That if the Plaintiff upon a Judgment dye his Executors or Administrators may not proceed to take advantage thereof or have Execution thereupon till they have first sued out a Scire facias Co. Inst 2. part 288 394. The Method of proceeding in a Judgment is as followeth viz. The Judgment being past the Plaintiff may choose his Execution and to pursue it But he is first to take care that this Judgment be entred in due and legal form which you may see in the Book of Entries Then he must be careful in the choyce of his Execution As for Example If he make choyce of an Elegit it is to be directed to the Sheriff in the form by Law prescribed for which see F.N.B. and the Old N. B. Then the Sheriff having received the Writ must summon a Jury and this Jury is to inquire and return what Fee-simple Fee-tail or for life Lands Goods or Chattels the Defendant had at the time of the Judgment or at any time after And this must be very carefully done the finding must have certainty in it by the quality of the Land as the Mannor of H. a Messuage and 20 Acres of Land Meadow and Pasture in D. in the occupation of J. S. of the value of c. 5. pound Rent c. Then the Sheriff is either at the same time or some time afterward to deliver the one moyety thereof and this last he alone doth without the Jury And herein care must be had that they do it by meets and bounds and that he do certainly describe that which he doth so deliver and that he deliver what is divideable and therefore that he do not divide a Mannor and deliver the moyety thereof for by this means he may destroy the Mannor And if the Sheriff shall deliver too much the Court at the return of the Writ may quash it and order a new Inquiry When the Plaintiff is satisfied by incursion of time the Defendant may re-enter upon his Land without more ado but if he hath received satisfaction by some accidental improvement of the Land there he is to call the party into Court out of which the Writ issued and there to do it by Scire facias Co. 5.38 39. But all Executions are to be taken out within a year after the Judgment else no Execution can be made out without first suing forth a Scire facias Westm 2.45 13 Edw. 1. The Execution upon a Judgment shall relate to the day of the Writs date and the award of the Writ of Execution shall bind all the Goods of him against whom Judgment is which he had at the day of the Execution awarded The Entry of a Judgement may be stayed and arrested if the Court shall see cause That a Judgment may be for a part of the thing only in demand or for the whole That a Judgment may be erroneous and avoidable by a Writ of Error for many causes Cro. 2.303 That after Judgment no Issue shall be taken Cro. 2.126 That when a Judgment is reversed for Error the Party is restored to his first remedy Co. 8.141 The Forms and Presidents of these things vary according as the case requires and being only practicable by Attorneys who are or ought to be well versed therein we will trouble the Reader with them but in the next place shew the several Statutes that speak of the same Stat. Westm 2.18 13 E. 1 That he that recovereth debt or damage in the Kings Court may at his choyce have a Fieri facias of the Lands and Chattels of the Debtor or a Writ for the Sheriff to deliver him all the Chattels of the debtor except Oxen and Plough-Beasts and the moyety of his Land by a reasonable extent till the debt be levied And if he be Ejected out of the Land he shall have an Assise and afterwards a Writ of Redisseisin if need be And this last Writ is called an Elegit which is given upon a Statute also Stat. 32 H. 8. cap. 5. That for all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things inrolled the Execution shall be within the year but after the year a Scire facias whereupon if satisfaction be not made or good cause shewed the Sheriff shall be commanded to Execution That if Lands delivered in Execution upon just cause be recovered without Fraud from the Tenant in Execution before he shall have levied and received his whole debt and damages he may have a Scire facias out of the Court from whence he had the Execution returnable in the same Court at a day Forty dayes at the least after the date of such Scire facias at which day if the Defendant being lawfully warned make default or do appear and do not plead a sufficient cause other than the former acceptance of the Lands to avoid the said Suit for the residue of the said debt and damages the said Court shall issue forth a new Writ of Execution for the levying thereof Stat. 1 Jac. cap. 13. If any taken in Execution be delivered by Priviledg of Parliament as soon as the Priviledg ceases the Plaintiff his Executors or Administrators may sue out a new Execution against him and the Sheriff or other Officer shall not be chargeable for the first Arrest Stat. 3 Jac. cap. 8. That no Execution is to be stayed upon any Writ of Error or Supersedeas upon it for reversing of a Judgment for debt or upon a Contract till the Plaintiff be bound in Recognizance with two Sureties in that Court in double the Summe of the Judgment to prosecute it with effect and pay the debt costs and damages if the Judgment be affirmed Stat. 21 Jac. cap. 24. That the party at whose Suit any one is in Execution for debt or damages recovered their Executors or Administrators may after the death of the person so charged and dying in Execution lawfully sue forth new Execution against the Lands and Tenements Goods and Chattels of the person so deceased in like manner as if the person so deceased had never been taken in Execution Howbeit this Act shall
Prisoner be removed out of the Fleet that was there in Execution out of the Common-Pleas and he be removed by a Habeas Corpus cum causa and then sent to the Marshalsey for another debt and escape from thence In this case the Keeper of the Marshalsey and not the Warden of the Fleet shall be chargeable for both the first and the second debt Co. 4.98 Dyer 278. 10. If a Woman be Warden of the Fleet and she hath Prisoner one in Execution at my Suit and they marry together this shall be adjudged an escape in Law in the Woman for the prisoner is now by Law discharged So if a man have a Prison in Fee and his son and heir be his prisoner and he dye and the prison descend to his son this will be an escape in Law in the Guardian for which I may have an Action of Escape Plowd 37. The Statutes concerning this Point are Westm 2. cap. 18. He that recovereth debt or damages in the Kings Court may at his choyce have a Scire facias of the Lands and Chattels of the debtor or a Writ for the Sheriff to deliver him all the Chattels of the debtor except Oxen and Plough Beasts and the moyety of his Land by a reasonable Extent till the debt be levied And if he be ejected out of the Land he shall have an Assise and afterwards a Writ of Redisseisin if need be Stat. 32 H. 8. cap. 5. Lands lawfully delivered in Execution upon a Judgment or Recognisance being evicted without any fraud or default in the Tenant before he have levied the whole debt and damages the Recoverer and the Recognisee shall have a Scire facias out of the same Court where Execution was awarded returnable there full Forty dayes after the date And thereupon a new Writ of Execution of the nature of the former to levy the rest of his debt and damages if the Defendant make default or shew no good matter in barre Westm 2. cap. 46. For all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things enrolled A Writ of Execution shall be within the year so as the parties shall not need to plead After the year a Scire facias Of a Statute A Statute as it is taken for a legal assurance is an Obligation of Record and it is so called because it is made in pursuance of and according to the Form particularly provided for the same and is of three sorts viz. 1. A Statute Merchant 2. A Statute-Staple 3. A Recognisance 1. The Statute-Merchant is a Bond acknowledged before one of the Clerks of the Statutes Merchant and Mayor c. of the City of London or two Merchants of the said City for that purpose assigned or before the Mayor of York c. chief Warden Master or Mayor of other Cities or Towns or before the Bayliffs of any Burrough or other sufficient men for that purpose appointed sealed with the Seal of the Debtor or Recognisor and of the King which is of two pieces the greater is kept by the Mayor c. and the lesser by the said Clerks This is upon 13 E. 1. Stat. 4. Acton Burnell 11 E. 1. Co. upon Lit. 289. And is after this Form NOverint universi per praesentes me A. B. de c. Teneri C. D. de c. in mille libris legalis monetae Angliae solvendis eidem C.D. ad Festum Sancti Michaelis Archangeli anno Regni Regis c. Et nisi fecero concedo quod currat super me et haeredes meos districtio et Poena provis in Statut. Domini Regis edit apud Westm Dat. apud Lond. die c. anno c. Or otherwise thus NOverint Universi per praesentes me R. D. de M. in Parochia de B. in Com. W. Gen. Teneri et per hoc praesens scriptum de Statut. Mercator firmiter Obligari H. M. de C. in Comitatu Civitatis L. Generos in quingentis libris bonae et legalis monetae Angliae solvend eid H. M. aut suo certo Attornato Executoribus et Assignatis suis in festo c. Et si non fecero volo et concedo quod currant super me haeredes Executores et Administratores meoâ— Districtiones et poenae praemissae in statut â—dit in Parliament Domini Edwardi primi quondam Regis Angliae apud Acton Burnell pro debitis mercatorum Recuperand ' Dat. In English thus MEmorandum That R. T. of H. in the County of K. Esq such a day and year came before our Lord the King in his Chancery at Westminster personally constituted and then and there acknowledged That he did owe c. to E. F. of C. in the County of L. Gent. and S. H. of D. in the said County of L. Gent. c. five hundred pounds of lawful money of England to be paid to the said E F. and S. H. or to their certain Attorney Executors or Assigns on the Feast of St. c. next coming after the date of these presents And if he shall fail in the payment of the aforesaid summe of Money at the Feast aforesaid that then the said R.T. for himself his Executors and Assigns willeth and granteth That the said summe of money shall be levied of his Lands and Tenements Goods and Chattels to the use of the said E.F. and S. H. their Executors and Assigns Witness our said Lord the King at Westminster the day and year above mentioned And these kinds of Statutes although at first ordained and used for Merchants onely yet at this day it is and may be used by any others and it is become one of the most frequent and usual assurances in the Kingdom 2. The Staple doth signifie this or that Town whither the Merchants by common order and command do carry their Commodities as Wooll and the like to vent and utter by the great or whole-sale The Statute-Staple is either properly or improperly so called That which is properly so called is a Bond of Record acknowledged before the Mayor of the Staple in the presence of one of the two Constables of the same Staple and sealed with the Seal of the Staple and sometimes also with the Seal of the party which it seems is not absolutely necessary This was devised and used only for Merchants and Merchandizes of the same Staple and is founded upon 27 E. 3. Stat. 2. Co. super Litt. 289. But this now may be used by Merchants or any other for the payment of debts or assurance of Lands or other things and is of the same nature with the Statute-Merchant A Statute-Staple improperly so called is an Obligation of Record founded upon the Statute of 23 H. 8.6 and is in the nature of a Statute-staple and of the same force This is and may be acknowledged before one of the Chief Justices and in their absence before the Mayor of the Staple at Westminster and the Recorder
and Jury upon this Writ is called an Extent And if the Sheriff or Apprisors upon the Extendi facias over-value the Lands or Goods in favour to the debtor the Conusee hath no remedy but by motion in that Court where the Writ is returnable at the Return day or at least the same Term to desire that the Apprisors may take the Lands or Goods at the rate they have valued them in the same manner as the Corusee is to have them And a Sale made of Goods in this case by the Sheriff is as strong as if it were in Market-overt And when the Conusee is in possession of Lands by such an Extent as before then is he Tenant by Statute And after the Conusee is once setled in peace in the Lands extended he shall hold them till he be satisfied his debt and his reasonable costs and damages for travel suit delay and expence See for this Dyer 299. Co. 5.87 F.N.B. 130. Co. on Litt. 290. Co. 2. Part Inst 395 396. The proceedings upon the other kinds of Recognisances are after another manner For upon Recognizances at the Common Law if the money be not paid at the day the Conusee his Executor or Administrator is to bring a Scire facias against the Conusor or if he be dead against his heir when he is of full age or if the Lands the Conusor had at the time of entring into the Recognisance be sold against the Purchasors of them which the Conusor had at any time after the Recognisance entred into to warn them to come into the Court whence the Scire facias issued to shew cause why Execution should not be made upon the said Recognisance and if the party or parties cannot be sound to be warned or being warned do not appear at the time or appearing do not shew cause why the debt should not be levied In this case the Conusee shall have Execution of his moiety by Elegit or if the Conusor be living of all his Goods by Levari or Fieri facias at his Election but he may not have Execution of his Body unless he bring an Action of Debt upon the Recognisance as in this case he may do or it be by the course of the Court as it is in the Kings Bench on a Bayl wherein a Capias doth lye Dyer 315 360 366. The proceedings against the Sureties upon Statutes are to be in the same manner as the proceeding against the Principal And yet where the Principal hath moveables to satisfie the debt the Surety as it seems is not to be charged I will Illustrate this matter in the next place with some few Cases And first 1. Tenant by Elegit upon Judgments and Recognisances is to hold the Land until he be answered his debt without his costs and Mises c. But Tenant by Statute Merchant Statute-Staple or by Recognisance in nature of a Statute-Staple is to hold the Land c. untill he be paid his debt together with his Mises and Costs Co. 2. part Inst 678. 2. In case where Extenders upon Elegit or other Writ of Execution or upon a Recognisance in Court do extend the Land too high they shall not be forced to take it at the rate as the Extenders of Land for Execution upon a Statute-Merchant Staple or Recognisance in nature of a Statute-Staple shall be Bendloes Rep. 15. Co. on Litt. 290. Yelverton 55. 3. If one seised of White-acre Black-acre and Green-acre enter into a Statute or Judgment against him and then he enfeoffeth A. of White-acre and B. of Black-acre and keep Green-acre to himself in this case the Conusee or Plaintiff may have his Execution upon the moiety of Green-acre and not meddle with the other two Acres if he please but he may not in such case extend a moiety only in the hands of both the purchasors but he must extend a moiety in the hands of both the purchasors and of all the rest of the Land subject to the Execution for if he leave out any 〈◊〉 it the party grieved thereby will have his remedy and avoid the Execution by Audita Querela for where the Books say each purchaser shall have contribution in that case it is intended that such extent shall be avoided of that part and all the Land shall be extended and equally charged And so it is in this case where Green-acre shall descend to an heir there the Conusee may extend onely the moiety of this Acre in the hand of the heir and not meddle with the two Acres in the hands of the purchasors if he please But where there be two or more Conusors in a Statute c. there the Lands of them all and not of one of them are to be extended Co. 2. part Inst 396. 4. If two persons recover against one in debt severally and he that hath the first Judgment sues an Elegit and hath the moyety of the Land in Execution and then the other sues an Elegit In this case he that last sueth shall have but a moyety of the moyety that is left Cro. 3.482 5. If the Conusee on a Statute or Recognisance in nature of a Statute receive his whole debt by the Land yet may not the Counsor enter but where upon an Elegit he is satisfied there the Conusor may enter on his Land Co. 2. Part. Inst 600. In the last place I will give you the Statutes concerning this matter Westm 2. cap. 46. For all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things enrolled a Writ of Execution shall be within the year so as the parties shall not need to plead c. Stat. de Acton Burnell 11 E. 1. A Debt acknowledged to a Merchant before the Mayor of London York or Bristol or before a Mayor or Clerk appointed by the King thereunto shall be enrolled And if the Debtor fail of his payment at the day the Debtee or his Executors may call for Execution and upon notice thereof to the Mayor and Clerk they shall cause his Chattels and Moveables to be sold as far as the debt doth amount by Apprisement of honest men and the money without delay shall be paid to the Creditor and in case they cannot sell them they shall cause so much of the moveables to be delivered to him as amounts to the debt and the Kings Seale shall be put to the sale and deliverance and if the Debtor have no moveables within the Mayors Jurisdiction then shall the Mayor send the Recognisance unto the Chancellor under the Kings Seal and the Chancellor shall thereupon direct a Writ to the Sheriff in whose Bayliffwick the Moveables of the Debtor be who shall proceed therein as the Mayor might have done if the Moveables had been in his power If the Apprizors set too high a value on the things that are to be sold they shall be compellable to take them at the same prices and shall
Original Deed. 14 H. 8.10 Broo. Estrange al fait 10. And yeâ— if a Statute be made to the Husband and Wife and the Husband alone joyn in making the Defeasance This shall be a good Defeasance Broo. Defeasance 3. 4. That it be made of a thing defeasible and so is a Judgment Statute or Recognisance and so it may be agreed to be upon payment of a less summe than that mentioned in the Statute or â—udgement or by the not disturbance of the execution of the Will of S or by the making of a good Estate in Land or the quiet enjoyment of Land bought or the like Fitz. bar 71.20 H. 7.24 21 H. 7.32 5. And it is best done before the execution of the Statute c. yet if the Defeasance of a Statute come after the Execution and be thus That if the Conusor pay so much money then the Statute shall be void It is best to adde these words in the Defeasance That then tho said Statute and the execution thereof shall be void Broo. Defeasance 7. And thus it seems a Defeasance may be after a Defeasance or one Defeasance after another and regularly in that case the last will stand Pasch 8 Jac. C. B. agreed Of an Audita Querela Audita Querela is a Writ lying where one is bound in a Statute Merchant Staple or Recognisance or where a Judgement is given only for debt or damages and the party in Execution for any debt or duty in any such case and he hath a release or some other sufficient discharge of all or part of the duty or some other matter to say in avoidance of the Statute or Judgment but hath no day in Court to plead it nor means to make use of it In this case he may have this Writ which is in the nature of a Commission to examine the equity of the case and give relief to the party in danger by the extremity like to befall him from the rigour of the Law in it Co. upon Lit. 290. Cro. 2.646 The proceedings herein are most properly in Chancery And there first by Venire facias with an Alias and as some say by Pluries upon a Nihil returned And if the Defendant do not then appear by a Distringas ad audiendum Judioium and upon default herein a Judgment is given And upon Bayl given to prosecute and stand to the Judgment he may have a Supersedeas to stay Execution But after Execution there goes a Scire facias and no Supersedeas may be had And this is not returned into the Chancery but where it is grounded upon a Record in Chancery as a Statute and the like And no man by this may get himself to be Bayled in case of a Habeas Corpus upon a bare surmise only but by proof of witnesses in writing Dyer 339. F. N. B. 104. Cro. 3. part 308. Broo. Aud. Quer. 41. Upon the Statute Staple the course is to have the Audita Querela to the Chancellor But upon the Statute Merchant it is to be directed to the Justices de Banco Dyer 332. In this Suit the Nonsuit or Default of any one of the Plaintiffs shall not hurt another Co. 6.25 This Writ will not lye upon a bare surmise onely Dyer 232. Cro. 2. 579 694. But it lyeth for the party himself against whom the Judgment is given and against whom the Statute is made or for his Heir Executor or Admioistrator or either of them upon whom the charge is come or coming If my Ancestor to whom I am heir hath entred into a Recognisance and the Sheriff after his death extend my Land or a Rent out of it I being within age by this Writ I may avoid the Extent so that by this the Infant may avoid not onely his own statute but also the extent of the Statute of his Ancestor Mores Rep. Case 121. If a Statute be taken by one that hath no power to take it and after the Conusor doth enfeoff a stranger of the Land and the Conusee sueth Execution on the Statute the Feoffee may have this Writ to avoid Execution Dyer 35. If an Obligee have a Judgment against the heir of the Obligor and his Land in extent and the Obligee assign away his Estate in it to a stranger and after the heir get a Release of this Judgment from the Obligee he may have this Writ against the Assignee Adjudged Pasch 7 Jac. B. R. Flowers Case Note An Audita Querela is not returnable in Chancery but in 〈…〉 it is grounded upon a Record in Chancery as a Statute c. And it seems none are to be baffled upon a Habeas corpus by Audita Querela upon a Surmise but it must be proved by writing In Trinity Term 14 Jac. B. R. One Pierce was brought in upon a Habeas Corpus and Surmise That Mosten had recovered in B. R. against Morris in debt upon a Bond had Judgment against Morris the principal and a Capias ad Satisfaciendum against him and after that another Capias against Peirce the Surety which came in upon Habeas corpus and brought an Audita Querela and surmised payment by the principal And Bayl was denyed him by the Chief Justice nullo contradicente This Remedy is given most properly where the Statute is not good as where it wants a Seal or the like for in cases where the Statute is good and the proceed in the execution of it is erronious onely there the relief is properly by Writ of Error Cro. 3.319 494. In all cases therefore where this remedy is given it is requisite that these three things be in the case 1. There must a charge or burthen come or coming upon him that is to have it 2. It must be such a charge or burthen as that whereof by Law he ought to be discharged and disburthened in all or in part 3. It must be in such a case as wherein he hath no other way to relieve himself And therefore it is used and had sometimes to avoid a Judgment and the execution thereof or to avoid a Statute or Recognisance As if a Judgment or Judgment and Execution be had against me and the Plaintiff in facto release me of the debt or I be released of it or of part of it by Law and yet he sueth Execution out against me for the whole I may have may relief by this way So if a Judgment be had against me and another for one debt and one of us is taken in Execution and after either of us get a discharge in fact or in Law of the debt both or either of us must have relief by this way Pasch 40 Eliz. C. B. Monke and Brown Co. 8.152 Plow 72. Dyer 50. If the Conusee of a later Statute extend Lands of the Conusor in one County having Lands in two Counties and after this the Conusee of a former Statute doth extend the moyety of the Lands in the other County onely the Conusee of the later Statute may have this action
against him for he ought to have sued out his Execution upon the Lands in both Counties Cro. 3 part 797. If a Statute be delivered to a stranger to keep till certain conditions be performed and he deliver it to the Conusee or he get it by fraud from him before the conditions be performed In this case he may be relieved by this Writ Fitz. 15.16 If one be Bayl for another for a debt in the Kings-Bench according to the course there and the principal dyes not paying the debt nor rendring his Body and upon a Scire facias and two Nihils against the Bail he is taken in Execution he may be relieved by this Writ for the Bayl is not to be charged till some default be in the Principal to yield himself c. but now he being dead the Bayl is discharged Goldsb 174. Cro. 2.645 In case where one man is chargeable alone towards a Judgment or Statute and others are to be contributory as where the Conusor hath sold his Land to divers Purchasors or a Judgment is had against one who doth leave his Land to divers heirs if one of the Purchasors or one of the Heirs alone be or be like to be charged he may by this force the rest to be contributory to the charge and if any one of them have a Release or other good discharge this as it seems will discharge all the rest But if one after he hath entred into a Statute or Recognizance do convey part of the Lands away and keep the rest and Execution is sued of the Lands in his hand onely against him or his heir they shall have no contribution from the purchasors And yet if any of the purchasors be sued he shall have contribution against the Conusor his heir and the rest of the purchasors Co. 2.92 Dyer 322. Moores Rep Case 607 700. A being in Execution was suffered to go at large and afterwards 〈◊〉 was taken again in Execution whereupon he brought his Audita Querela and while he was at large he paid the money as he proved by witnesses sworn whereupon it was adjudged That the Audita Querela did well lye Mich. 27 Eliz. C. B. Cro. 3. part Reynells Case We might here say something in like manner of Mortgages Leases and the like but the proceedings therein have so near a resemblance when they are to be extended that I will pass them over in this place and the rather because the former parts contain many Presidents of them I will therefore only give one short Discourse of Distresses and so finally conclude this Work Of Distresses and Replevins DIstress is the taking away of one mans Chattels for a Trespass done Rent accrued or in arrear and the like Of which some things are levyable Others cannot be distrained For which observe That a Cart full of Corn 2 H. 4.15 a Fold of Sheep c. 20 E. 4.3 a Mill-stone 14 H. 8.25 c. if it be not part of the Mill though it be fixed to a piece of Timber with nayles Windowes and Doors when they are removed off of the books But a Mill-stone though it be lifted up to be picked and beaten yet so long as it lyeth upon the other stone remaineth parcell of the Mill and cannot be distrained No more can Windowes and Doors hanging upon the hooks though they be removeable but this must be found upon the same Land a man holds but in other Lands not holden of him he cannot distrain except it be by the Tenants grant If Dismes be let reserving a Rent they cannot be distrained for the Rent no not when they are severed from the nine parts in as much as there is no distress but upon Land in demesne The King may distrain in another Land of the same mans for his Seigniory or Rent-charge but so shall not the Grantee 9 H 6.9 is That a common person cannot distrain for his Seigniory but in the Land holden of him except it be by his Tenants grant But the King may in any place 13 E. 4.6 That the King for his Services or for a Rent-charge may distrain in all his Tenants Lands but so shall not the Kings grantee Stat. Marlb cap. 15. Distresses shall not be taken in the Kings High-way or common-street but by the King or his Officers having special authority Stat. Artic. Cler. cap. 9. Nor in the ancient Fees of Churches The Distress being put in pound overt or open pound that is some place where the owner may lawfully come at them as if they be things that have life to give them meat c. he that distraineth shall not be charged what hurt soever they receive for quick Cattel must be put in pound overt that the Owner may give them sustenance but dead need not But if they be marred in his default that distraineth he shall answer for them Stat. Marlb cap. 4. None shall lead distress out of the County where they were taken The Neighbour that doth it to his Neighbour shall be fined The Lord that doth it to his Tenant shall be amerced 1 2 P. M. cap. 12. No distress of Cattel shall be driven out of that Hundred Rape Wapentake or Lath where it was taken except to a pound overt within the Shire not above three miles from the place where it was taken No Distress taken at one time shall be impounded at several places whereby the Owners shall be constrained to sue several Replevins the penalty of both these five pounds and treble damages No person shall take above four pence for the poundage of any whole distress impounded and where less hath been used there to take less upon pain of 5. pounds and loss of the money he hath taken above four pence any Prescription notwithstanding to the contrary Bare Hereditaments that may be distrained for are a Seigniory and Rent-charge Seigniories are Services whereby Lands are holden and Services are common to all certain Estates or proper to Inheritances Replevins are of two sorts 1. Homine Replegiando for one imprisoned or in Prison detained where he should not as being Baylable or claimed as a Villain F.N.B. 66. or inward F.N.B. 67. where indeed he is Franke out of Ward 2. A Replevin for Goods or Chattels distrained which according to the nature of the Plea ministred by the parties groweth to be either a real or personal Plea as upon property claimed then it is personal if the Defendant avow the taking for Services or Rent behind c. then it becometh real c. and as strong as a Praecipe quod reddat in as much he is to have a return And therefore he shall in that case have aid before any Plea pleaded as in a Praecipe quod reddat and this may be both by Writ and Plaint in any Court Baron F. N. B. 70. as well as in the County Court And being by Plaint though in the County Court it shall not proceed if any touching the Freehold come in question as if the
be so made or to any other to their use and uses and the counterparts of the same for us and in our names to accept and receive And also all such Fines and other sum and sums of Money as shall grow due for the same for us and in our names and to the use of us the said G. S. and E. M. to collect gather receive and take and all such Rents Duties Heriots arrerages of Rents and profits of Courts as are already or hereafter shall be due or payable for out of or concerning the premises or any of them to receive Giving and by these presents granting to our said Attorneys and either of them our full power and lawful authority touching and concerning the premises to do execute proceed and finish in all things in as ample manner and form to all intents and purposes as we the said G. S. and E. M. or either of us might or ought to do if we or either of us were then and there personally present And ratifying and allowing all and whatsoever our said Attorneys or either of them shall do in or about the premises or any of them according to the true intent and meaning of these presents In witness c. A Letter of Attorney to deliver a Lease upon the Land TO all c. I J. M. of c. Whereas I the said J. M. have subscribed and sealed one writing bearing date with these presents and hereunto annexed purporting a Demise unto W. W. of c. of all that the Mannor of G with the appurtenances in the County of Y. and of one Messuage 300 acres of Land 100 acres of Meadow 200 acres of Pasture and 100 acres of Wood with the appurtenances in C. aforesaid now or late in the Tenure or Occupation of W. C. his Assignee or Assignees To have and to hold the said Mannor and all other the premises unto the said W. W. his Executors or Assigns for the term of five years under the yearly Rent of c. as by the said Deed indented may appear Now know ye That I the said J. M. for divers good Causes and Considerations me hereunto especially moving have made ordained constituted and authorized and in my place and stead by these presents have nominated and put W. G. of c. my true sufficient and lawful Attorney for me and in my name into all that the said Mannor of C. and into the said Messuage 300 acres of Land 130 acres of Meadow 200 acres of Pasture and 100 acres of Wood with the appurtenances and into every or any part or parcel thereof in the name of the whole to enter and peaceable and quiet possession and seisin thereof for me and in my name to take and for every such possession and seisin thereof or any part thereof had and taken as aforesaid for me and in my name as my act and deed to deliver unto the said W. W. or his certain Attorney upon some part of the aforesaid premises the said Writing or Deed indented subscribed and sealed as aforesaid And all and every other act and thing requisite and necessary to be done in about or concerning the premises for me and in my name to do or cause to be done In witness c. A Letter of Attorney to keep Court KNow all men by these presents That we P. L. and H. S. of c. do hereby authorize constitute and appoint G. C. of c. Gent. our lawful Deputy and Attorney for us and in our names to appoint a Steward and Bayliff of and for our Mannor of B. and H. and by himself or his sufficient Deputy to and for our use to keep Courts within the said Mannors or either of them and to give admittance upon alienation or death to take and receive Attornments of all and every the Tenants thereof and to and for our use to assess Fines upon such admittances and for us and in our names and to our use to receive the said Fines and also such Heriots as shall be due upon such death or alienation and likewise to receive all Rents and arrerages of Rents and also all Amerciaments Perquisites and Profits that shall arise or grow due to us or any of the said Courts We do also further authorize and appoint the said G. C. to gather take up and seize to our use all Wayfes Estrayes Deodands Out-laws and Felons Goods which shall happen to arise be due or fall within the said Mannors or either of them Given under our Hands and Seals the c. In the c. A Letter of Attorney to take possession of Lands newly purchased BE it known unto all men by these presents That I J. H. Citizen c. have made ordained constituted authorized and appointed and by these presents do make ordain constitute authorize and appoint and in my stead and place by these presents put T. C. of c. my true sufficient and lawful Attorney for me and to my use to take and receive peaceable and quiet possession and seizin of and in all that Messuage or Tenement and all and singular the Lands and Premises thereunto belonging with the rights members and appurtenances situate lying and being in c. lately bargained and sold by B. P. unto me the said J. H. and the same possession so had and taken to detain and keep to the only use and behoof of me the said J. H. my Heirs and Assigns according to the tenour and true meaning of the Indenture whereby the said premises are conveyed unto me ratifying allowing and confirming all and whatsoever my said Attorney shall lawfully do or cause to be done in or about the premises by these presents In witness c. A Letter of Attorney for a Steward of a Mannor to receive Rents with authority to impound and distrain TO all c. I G. K. of c. send greeting in our Lord God everlasting Know ye That I the said G. K. for and in consideration of the special trust and confidence which I have and do repose in my well-beloved Friend C. P. of c. Gent. have made ordained constituted authorized and appointed the said C. P. my true sufficient and lawful Attorney for me and in my name stead and place to the only proper use and behoof of me the said G. K. my Executors and Administrators to collect gather demand and receive of all every or any my Tenants or Farmers of all every or any my Lordships Mannors Lands Tenements and Hereditaments whatsoever in the County of G. all and every such sum and sums of Money Rents arrerages of Rents Amerciaments Heriots Fines Issues and Profits whatsoever as shall any wise grow due accrue be issuing or payable unto me the said G. K. out of all or any my said Lordships Mannors Lands Tenements and Heredital â—ents And upon the receipt of all every or any such sum or sums of Money Rents and Profits for me and in my name to make and give acquittances or
any sufficient discharges to any of my said Tenants or Farmers requiring the same And the same sum and sums of Money Rents Issues and Profits so had and received to pay and deliver to me the said G. K. my Executors Administrators and Assigns and to be accomptable unto me the said G. K. my Executors and Administrators from time to time for all every or any the said sum or sums of Money so as asonesaid by the said C. P. had taken and received at the Feast of St. Michael the Archangel next ensuing the date hereof or before the end of Candlemas Term then next ensuing and at the Feast of the Annunciation of the blessed Lady St. Mary the Virgin then next following or before the end and expiration of Trinity Term then next ensuing and so from time to time at the Feasts and Dayes before prefixed to give and make a true account or accounts to me during the continuance of the power to him given and granted as aforesaid And further I do by these presents give full power and authority to my said Attorney at any time hereafter to elect and choose some one sufficient and able person to be Steward of my Courts of my said Mannors c. and also to place and displace at his will and pleasure upon just occasion any Bayliff or other Officer or Officers whatsoever as occasion shall require and also giving and by these presents granting unto my said Attorney full power and lawful authority for me and in my name stead and place and to my use as aforesaid for non-payment of all every or any my said Rents arrerages of Rents Issues Amerciaments and Profits to distrain impound arrest sue implead and imprison all every or any my said Tenants or Farmers which shall refuse to pay my said Attorney all or any such sum and sums of Money Rents Issues and Profits by them or any of them respectively due and payable unto me as aforesaid and the same persons again to discharge acquit and release of and from the same at his will and pleasure And further to do or cause or procure to be done in and about the premises all and whatsoever to the said C. P. shall seem requisite and needful to be done as effectually as if I my self were then and there personally present And which c. so to be done I do hereby covenant and grant for me my Heirs c. to justifie aver and maintain as fully and perfectly to all intents constructions and purposes as though the same were actually done by my self In witness c. A Warranty of Attorney to confess a Judgment WHereas K. B. widow of c. Executrix of the last Will and Testament of J. B. Esq hath sued out of the High-Court of Chancery an Original Writ of Debt for Two hundred pounds against me T. H. and J. W. of c. Esq and Sir R. B. of c. Knight my Sureties returnable this Trinity Term in the Court of Common-Pleas at Westminster These are therefore to require you to appear for me and my Sureties and to make Declaration for us the said T. H. J. W. and Sir R. B. at the suit of the said K. B. and thereupon to confess a Judgment either by non sum informat nihil dicit or otherwise as you shall think fitting and this shall be your sufficient warrant in that behalf In witness c. A Warrant to acknowledge satisfaction Mr. T. W. VVHereas in Trinity Term in the Twentieth year of the Reign of our Soveraign Lord King Charles over England c. there was a Judgment had and obtained in His Majesties Court of Common-Pleas at Westminster against A. P. of c. for c. Debt and c. Damages and Costs at the suit of c. These are to require you to acknowledge satisfaction upon the said Judgment and this shall be your sufficient warrant for the same In witness c. Another Warrant to acknowledge satisfaction Mr. T. F. VVHereas I heretofore retained you my Attorney in His Majesties Court of Kings Bench at Westminster to sue charge and implead R. E. upon several actions and a Habeas Corpus depending against him and whereas you thereupon further proceeded by my direction to the recovery and entry of four several Judgments the one of 50 l. Debt and 7 l. 10 s. and 8 d. Damages another c. another c. and the other c. for that I have received full satisfaction from the said R. E. for and concerning all those actions and several executions by you in my behalf obtained and entred against him by force whereof he remains Prisoner in the custody of the Marshal of His Majesties said Court These are therefore to will and require you to discharge those several actions by search or otherwise out of the Entry-Book of the Marshal of that Court or other declarations remaining on file there And further I do hereby direct and authorize you to acknowledge satisfaction upon Record upon the several Judgments above specified and all other Judgments chargeable against him for my satisfaction and so to release his person out of the Marshals custody from all causes touching me And for the doing thereof this shall be your sufficient warrant and discharge In witness c. An Indenture for suing forth a writ of Entry of a Mannor to the intent a Recovery may be had THis Indenture tripartite made the c. between H. E. of c. of the first part W. G. of c. of the second part and A. B. and C. D. of c. of the third part Witnesseth That it is covenanted granted concluded condescended unto and fully agreed upon by and between the said Parties to these presents And the said H. E. doth for himself his Heirs c. covenant c. that he the said E. or his c. before the Feast of c. at the proper Costs and Charges in the Law of the said W. G. his Heirs or Assigns shall permit and suffer the said A. B. and C. D. to bring and sue forth out of His Majesties High-Court of Chancery one Writ of Entry sur disseisin en le post against the said W. G. returnable before the Justices of the Common-Pleas at VVestminster at a certain day before the said Feast of c. by which Writ the said A. B. and C. D. shall demand against the said W. G. all that the Mannor of c. by the name of c. or by any other name or names whatsoever whereunto the said W. G. shall appear before the said Justices at the said day of return to be contained in the said Writ in his own proper person or by his Attorney sufficiently authorized by the Law for the same upon which appearance the said A. B. and C. D. shall declare against the said W. G. according to the nature of the said Writ and that he the said H. E. shall permit and suffer the said W. G. to make defence
seized of so much and such part and parcel of the said Lordships Mannors and Premisses as either in respect of not making and naming the right Tenant of the Free-hold in the severall Writs of Entry aforesaid or in respect of any other legal defect shall not be by the severall and Recoveries aforesaid well and sufficiently assure and settle to the several uses before in and by these presents expressed to the severall and respective uses intents and purposes hereafter in and by these presents expressed appointed and declared and to none other use intent or purpose whatsoever that is to say to the use and behoof of the said C. Lord S. and his assigns for and during the Term of his naturall life without impeachment of or for any manner of wast and from and after the decease of the said C. Lord S. then to the use and behoof of the said D. L. and her Assigns for and during the term of his natural life and from and after her decease then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten and for default of such issue then to the use and behoof of the right heirs of the said C. Lord S. for ever In witnesse whereof to one part of these present Indentures remaining with the said E. Lord G. Dame I. his wife D. L. and I. S. The said C. Lord S. W. N. and A. T. have interchangeably subscribed and set their severall hands and seals and to one other part of these present Indenture remaining with the said W.N. and A. T. the said C. Lord S. E. L. G. Dame I. his wife D. L. and I. S. have interchangeably subscribed and set their several hands and seals and to one other part of these Indentures remaining with the said C. Lord S. the said W.N. A.T. E.L. G. Dame I. his wife D. L. and I.S. have interchangeably subscribed and set their several hands and seals the Day and Year first above-written Anno Dom. A Condition to save harmless where one Attorns Tenant with a Covenant to grant a Lease when the premisses are setled in the Obligee THe Condition of this Obligation is such That whereas the within named I. S. hath attorned Tenant and doth and is contented to pay his Rent being Eleven pounds ten shillings per annum unto the within bound T. S. his heirs or assigns for the Messuage or Tenement with the Appurtenances wherein the said J.S. now dwelleth scituate near W. London If therefore the said T.S. his Heirs Executors Administrators or Assigns do from time to time and at all times hereafter clearly acquit discharge or sufficiently save harmless and indemnified the said J. S. his Executors Administrators and Assigns goods and chattels as well against one R. N. of the Parish of Saint G. in the Fields in the County of M. gent. and K. his wife and against the Heirs and Assigns of the same K. also against all and every other person and persons whatsoever of for from touching and concerning all such and so much Rent as he the said J. S. his Executors or Assigns hath already paid or shall hereafter pay to the said T. S. his heirs or assigns for the Tenement aforesaid with the Appurtenances and also of and from all Actions Suits Charges Distresses Forfeitures Judgments Executions and all other Damages Troubles and Incumbrances whatsoever that shall or may arise or grow or be had commenced or prosecuted against the said J. S. his Executors Administrators or Assigns by reason of paying the said Rent or any part thereof unto the said T. S. his Heirs or Assigns or by reason of occupying of the said Tenement And further If in case the said T. S. his heirs or assigns do or shall quietly hold and enjoy the possession of the Tenement aforesaid with the appurtenances amongst other things as he the same T. now doth for and during the space of two years next coming after the date within written without any further new Suit Then if the said T. S. his heirs or assigns do within one month next after the end and expiration of the said term of two years or after such time as the estate of the premisses shall be perfectly setled in the said T. or his heirs at the reasonable request and at the costs and charges in the Law of the said J. S. his Executors or Administrators by good lawfull and sufficient Indenture of Lease in due form of Law to be had made and executed Demise grant and to Farm-let unto the said J. his Executors Administrators and Assigns all the said Messuage or Tenement with the appurtenances wherein the said J. now dwelleth as aforesaid for so many years as will make up the remainder of the term of years in his former Lease granted full Twenty and one years and under the yearly Rent of Eleven pounds ten shillings quarterly to be paid to the said T. his heirs or assigns or within one and twenty dayes next after every Quarter-day by even portions and with such other reasonable Covenants therein to be contained as are commonly used in such like Leases That then this present Obligation shall be void and of none effect or else it shall stand and remain in full force strength and vertue A Condition to save harmless an Executor for payment of several Legacies to Orphans with a Covenant to see the same Legacies disposed to the best advantage for the Legatees THe Condition of this Obligation is such That whereas M.D. late of St. J. street in the County of M. Widow deceased by her last Will and Testament in Writing bearing date the Tenth day of M. in the Year of our Lord God One thousand six hundred and fourteen did amongst other Legacies and Bequests give and bequâ—ath unto M. T. and A. T. Daughters of the within-bound T. T. Five shillings a piece of lawfull money of E. as by the sâ—me Will more at large appeareth Which said Sums of five shillings a piece the within named I. S. Executor of the last Will and Testament of the said M. D. hath at the Request of the said T. T. at and before the ensealing and delivery hereof paid and disbursed to the said T.T. for the use and behoof of his said Daughters M. and A. If therefore the said T. T. his Executors and Administrators and every of them do from time to time and at all times hereafter freely and clearly acquit exonerate and discharge or otherwise well and sufficiently save defend and keep harmlesse the said I. S. his Executors and administrators and every of them and all and every of his and their Lands Tenements Goods and Chattels as well of from and against the said M. and A. their Executors Administrators and Assigns as also of from and against all other persons whatsoever of for and concerning the payment of the said Sums of five shillings a piece to the said T. T. their Father
Shiplack in the County of O and at and upon some Wharf or Wharfs in S. and R. and the Wharf nearest Rene Wood in the County of Berks in manner and form followâ—ing that is to say three hundred loads of the same Billets and â—one hundred loads of the same Timber at or before c. and between that and the day of c. three thousand more of the same Billets and two hundred loads of the same wood or Timber at â—or before c. between the same day of c. and the day c. four thousand loads more of the same Billets and two hundred loads more of the same Timber residue and in full delivery and satisfaction of the said ten thousand loads of Billets and five hundred loads of Timber at or on c. and also that they the said T. R. and G. their c. shall not only deliver or cause to be delivered all and every the said Billets and Timber at the Water-side or some Wharf or Wharfs in some or any the Towns and places above mentioned for and to the use of c. and in form aforesaid clear of all charges and incumbrances whatsoever but shall also from time to time and at all times from henceforth save and keep harmless the said Billets and Timber and every parcel thereof to the said c. from and against the purveying to his Majesties use and against all and every the Purveyors and Takers of or for his Majesties Wood-yard and of his Heirs and Successors or else shall deliver or cause to be delivered to the use aforesaid to the said c. at the place of delivery aforesaid or at some of them in recompence of and for such of the said Billets and Timber as shall be so taken so much more in stead thereof at the rates and prices aforesaid before the c. In part of payment of and for all which Billets and Timber to be delivered as aforesaid the said J. B. and R. W. have truly paid to the said T. C. R. W. and G. M. before the ensealing hereof the Summe of c. of which said Summe of c. the said T. C. R. W. and G. M. acknowledge themselves fully satisfied and paid and thereof c. And as for the other part of the money for the said Billets and Timber amounting to the summe of c. the said c. convenanteth and granteth to and with c. well and truly to pay or cause to be paid to the said c. upon the day of c. next after reasonable request thereof to be made and given in writing to the said c. or at or within c. after the delivery of so much of the said Billets and Timber as after the rates aforesaid shall amount to the Summe of Seven hundred pounds or more the said 700 l. to be paid at or within c. and it is agreed between the said parties That whereas the rate of the said Billets and Timber as aforesaid to be delivered do amount to the Summe of c. over and above the said Summe of c. already paid and the said summe of c. in form aforesaid covenanted to be paid It is agreed between the said Parties in respect of the carriage by water of the said Billets and Timber in form following that is to say for so many thereof as shall not be delivered at H. S. aforesaid so much money as the carriage by water of the same not delivered at H. S. aforesaid shall amount unto from any other place appointed by these presents for delivery thereof unto any one of the said places of H. and S. aforesaid or either of them the said c. shall have allowance and defalcations out of the said Summe of c. for every load of Billets as aforesaid to be delivered at S. 8 d. and for every load of Timber c. and for every load of Billets to be delivered at R. 4 d. and for every load of Timber 16 d. and for every load of Billets to be delivered at the Wharse nearest Kentistwood 12 d. and for every load of Timber 2s And the said c. for them c. to and with c. to pay and satisfie to the said c. upon reasonable request so much of the said Summe of c. as shall amount and remain over and above the allowance and desalcations in respect of the water-charges aforesaid and in like manner the said T. C. R. W. and G. M. for them c. to and with c. That if the said allowance of carriage as aforesaid shall amount to more than 325 l. that then they said c. shall well and truly pay or cause to be paid to the said J. B. and R. their c. upon reasonable request so much money as the same allowance shall surmount the said Summe of c. In witness c. A Release of a Proviso or Condition for payment of money reserved upon an Indenture of Bargain and Sale TO all Christian People to whom this present Writing shall come A. B. greeting c. Know ye That I the said A. B. have the day of the date of this present Writing received and had of C. D. c. at or in c. and the full Summe of c. lawful money c. to me due and payable on this present c in the c. by force and vertue of one Proviso or Condition contained in one Indenture of Bargain and Sale bearing date c. made between me the said A.B. of the one party and the said C. D. of the other party for touching and concerning certain Messuages Lands Tenements and Hereditaments lying in c. in the County of c. which said summe of c. so by me received as aforesaid is in full discharge satisfaction and payment of 500 l. of c. and is for the full and absolute bargain and sale of all that Messuage c. by me the said A. B. mentioned to be bargained and sold in and by the same Indenture as by the same Indenture more at large appeareth of which said Sum of 200 l. so by me the said A.B. received as aforesaid I acknowledge my self fully satisfied contented and paid and thereof and of every part and parcel thereof do clearly acquit exonerate and discharge the said C. D. his Executors and Administrators and every of them for ever by these presents And further know ye That I the said A. B. have remised released and for ever quit-claimed and by these presents do remise Release of all his Estate release and for ever quit-claim unto the said C.D. being in his full and peaceable possession and seizin being and to his heirs and assigns to the only proper use and behoof of the said C. D. his Heirs and and Assigns for ever all the estate right title interest claim condition entry benefit and demand whatsoever which I the said A. B. have or had or