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A54332 The perfect conveyancer: or, Severall select & choice presidents such as have not formerly been printed. Collected by four several sages of the law. Edward Henden, Knight; late one of the barons of the Exchequer. VVilliam Noy, Attourney Generall to His late Majestie. Robert Mason, sometime recorder of London. And Henry Fleetwood, formerly reader of Grayes-Inne. Wherein are contained many excellent examples and instructions touching the manner and method of conveyances; usefull for all persons, that are professors in the law, and desire to be rightly and judiciously informed. With an exact table for the readers more ready recourse to any the particulars contained therein Henden, Edward, Sir, d. 1644. 1655 (1655) Wing P1479; ESTC R213933 520,918 567

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said M. will thereunto agree And the said R. T. doth covenant and grant to and with the said H. F. that the said M. shall likewise before then said c. next c. marry and take to Husband the said H. F. if the laws of holy Church will that permit and the said H. will thereunto agree Covenant that he is seised of a sure indefeasible estate in Fee-simple in his own right that he had full power to convey the Lands according to the intent of these presents And further the said H. F. doth for him his Heirs c. covenant and grant to and with the said R. T. his Heirs c. that he the said H. F. is at the time of th' ensealing and delivery of these presents seised in his demean as of Fee in his own right of a good sure lawfull rightful absolute and indefeasible Estate in Fee simple without condition morgage limitation or alteration of use or uses of and in all and singular the Messuages c. hereafter mentioned with th' appurtenances that is to say of and in all those parcels of c. with all and singular their appurtenances now in the tenure of c. containing in all by estimation c. and do lie and be in the Parish of c. And that the said H. F at the time of the ensealing and delivery of these presents hath full power and lawfull authority in his own right to convey and assign all and singular the lands c. and other the premises aforesaid in manner form in these presents expressed according to the intent of these presents And moreover that the said H. F. doth by these presents for him his Heirs c. in consideration of the said marriage so to be had and solemnized and for the full and entire joynture of the said M. and in recompence and satisfactiō of all the Dower and title of Dower which she the said M. may at any time hereafter claim challenge or demand of in or out of any Lands c. of the endowment of the said H. and for the advancement of the said M. and of the Heirs males of the body of the said H. upon the body of the said M. to be begotten And for divers other good causes considerations him thereunto moving doth covenant and grant to and with the said R. T. his Heirs Executors Administrators and Assigns in manner and form following that is to say that the said H. F. his Heirs and Assigns and all and every other person and persons whatsoever which at the time of th' ensealing and delivery of these presents stand or be or at any time hereafter shall stand or be seised of and in all or any part of the said Lands Tenements and Hereditaments and other the premises shall immediately from and after the said marriage solemnized And that the lands are and so shall continue discharged or saved harmlesse frō all former bargains c. and incumbrances the Rents due to the Lords of the Fee one Lease of the premises excepted stand and be of all and singular the said Lands tenements Hereditaments all other the premises with th' appurtenances seised to the only uses and intents hereafter in these presents expressed or limited and not to any other use or intent that is to say to the use of the said H. F. and M. for and during the term of the natural lives of the said H. M. and of the longer liver of them And of the heirs males of the body of the said H. upon the body of the said M. lawfully to be begotten and for default of such issue to the right heirs of the said H. F. for ever And that the said Lands Tenements Hereditaments and all singular other the premises with th' appurtenances at the time of th' ensealing and delivery of these presents be and from time to time and at all times hereafter shall continue remain and be clearly acquitted and discharged or by the said H. F. his Heirs c. sufficiently saved and kept harmlesse and indempnified of and from all and all manner of bargains c. and incumbrances whatsoever before the ensealing and delivery of these presents had made don knowledged committed executed or willingly or wittingly suffered by the said H. F. his Heirs or Assigns or by any other person or persons whatsoever the rents and services from henceforth to grow due payable for the premises or any part therof to the Lord or Lords of the Fee or Fees therof And one Lease of c. wherupon the yearly rent of c. is reserved and shall during all the said term be payable only excepted and fore-prized And moreover that the said H. F. his Heirs and Assigns And that he will upon reasonable request make farther assurance and all and every other person and persons any estate interest or thing having or lawfully claiming to have by from or under the said H. of in or to the said premises or any part thereof other than the said lease for or concerning any the said interest or term of years before excepted and not otherwise shall and will from time to time and at all times hereafter during the space of c. next c. upon reasonable request and at the costs and charges in the law of the said R. T. his Heirs of Assigns knowledge c. ut antea or of any part thereof to the said R. T. his Heirs or Assigns as shall be nominated or appointed to the uses and intents before in these presents expressed be it by Fine Feoffment Recovery with Voucher or Vouchers c. ut antea as by the said R. T. his Heirs or Assigns or by his or their learned Counsel in the Law shall be reasonably devised or advised and required And further that the said H. F. shall not at any time or times hereafter make or convey or procure to be made or conveyed And that he will not do or cause to be done any act or thing whereby to defeat this conveyance so that the lands may not deseend remain come c. according to the limitation in this conveyance any estate or estates of the premises or of any part thereof to any person or persons in Fee-simple fee-Fee-tail or for term of life or lives or make any di●continuance of nor otherwise defeat avoid or annihilate the estates before in these presents limited nor any of them nor shall make do commit execute or wittingly or willingly suffer to be done made committed or executed any act or acts thing or things devise or devises whatsoever whereby all or any part of the said lands tenements hereditaments and other the premises shall not or may not be enjoyed and continued remain descend come and be according to the limitation aforesaid and according to the true intent and meaning of these presents In witnesse whereof c. A Bond to the Sheriff for appearance in Banco
grant by the Stewards of liberties to certeine persons to be their Bayliffes and to collect all issues Fines and amerciaments c. TO all Christian people to whom this present writing shall come T D. of Graies Inn in the County of Mid. Gentleman and W B. of H. in the County of York Gent. sendeth greeting in our Lord God everlasting Whereas George c. by his Indenture bearing date c. and signed by him the said I and under his seale hath granted the Stewardship of all and singular his liberties within the County of York together with all and singular the appurtenances thereto belonging unto the said T D. and W B. for the term of their naturall lives and the longer liver of them as in and by the said Indenture remaining of Record in the Court of Exchequer amongst other things it doth and may appear Now Know ye that we the said T D. and W B. for divers good causes and considerations us thereunto especially moving have authorized nominated deputed constituted and appointed and do by these presents authorize nominate constitute appoint our well beloved W A. and W C. within the said County of York my Bailiffes of all and singular the said Liberties of the said G. c. within the said County and to execute the Office of Bailiffes within the said Liberties and to receive collect and gather all and every such issues Fines amer●iaments sum and sums of money as shall at any time arise grow due or accrue unto the said G. c. or unto us the said T D. or W B. within all or any of the said Liberties within the said County of York the said W A. and WC giving unto the said G. a just accompt of all such sum or sums of money which they or either of them shall so receive within three moneths after they have received the same and to doe and perform all and every such other thing and things whatsoever belonging and appertaining to the Office of Bayliffs within the said liberties ratifying and establishing by these presents all and all manner of lawfull and reasonable act and acts thing and things whatsoever as they the said W A. and WC shall do in the premises within the said Liberty as aforesaid or for the due execution of the same in as large and ample manner as if we the said T D. W B. were present in our persons for the acting or doing thereof In witnesse whereof we the said T D. and W B. have hereunto put our hands and seals the 18 day of July in the yeare of our Lord God c. A bargaine and sale to the c. of a Prebend c. THis Indenture made the c. Between c. on the one party and Sir I M. Knight on the other party Witnesseth That the said Sir I M. Knight for certaine causes and considerations him especially moving hath bargained sold given granted and assured and by these presents doth fully and clearly bargaine sell give and grant unto c. all that his Prebend of T. in the County of S. with all and singular his rights members and appurtenances And also the advowson gift presentation collation and right of patronage of the same prebend which said prebend the said Sir I M. lately had to him and his heires for ever of the gift and grant of c. as by his Letters Patents thereof made under the Great seale of England bearing date c. to the said Sir I M. amongst other things more plainly appeareth And also all and singular his Lordships Mannors Messuages Houses Buildings Lands Tenements Meadowes Leases Pastures Rents Reversions Services Woods Underwoods Personages Chappels Advowsons Glebelands Tithes Oblations Obventions Pensions Portions Fruits Profits Commodities Emoluments and Hereditaments whatsoever with their Appurtenances whatsoever A bargain and sale of the rents reserved upon any Leases or grants of the premises together with the deeds and evidences as well spirituall as temporall of what kind or nature sover they be or by whatsoever names they be called or known set lying and being comming growing or renewing in the Towns Fields Parishes or Hamblets of T and R. in the said County of S. and in I. in the County of W. and elsewhere in the said Counties or in either of them or within the Realm of England in any manner of wise belonging or appertaining And further the said Sir I M. by these presents bargaineth and selleth unto our said Soveraigne Lady all the rents and the yearly profits whatsoever reserved upon all Leases or grants made of the premises or of any part or parcell thereof together with all and al manner of Letters Pattents Deeds Evidences Charters Court-Rols Terrets Es●ripts Covenant by the bargainer to deliver the evidences which he hath or may have without sute in law into the Exchequer or other place assigned by the Officers of that Court before such a day Indentures Leases Writings and minuments concerning only the said Prebend Lordship Mannor Messuages Lands Tenements and other the premises or only any part or parcell thereof and as many of the same Letters Patents Evidences Deedes Charters Court-Rols Rentals Terrers Es●ripts Indentures Leases Writings and minuments as now be in the hands or custody of the said Sir I M. or of any other person or persons to his use and which he may conveniently get or come by without sute in Law for the same Sir I M. Covenanteth and granteth by these presents to deliver or cause to be delivered into the Court of Exchequer or to such other place or places as by the Treasurer and Barons of Officers of the said Court of Exchequer or any of them shall be appointed to the use of c. at or before the Feast of Easter next comming after the date of these presents And also all and singular other evidences writings and minuments concerning only the premises or only any part or parcell thereof which at any time after the said Feast shall chance to come to the hands or possession of the said Sir I M. or his heirs the same Sir I M. covenanteth and granteth to and with c. by these presents to deliver or cause to be delivered into the said Exchequer or into such other place as shall be appointed in form aforesaid to the use of c. from time to time as the same shall chance to come to the hands or possession of the same Sir I M. or of his heires To have and to hold the said Prebend The usuall Covenant that the bargainer is true owner in fee simple and had full power to sell the premises Lordship Mannor and all and singular the said messuages lands tenements Meadows pastures Leases rents reversions services advowsons and other the premises with all and singular their appurtenances to c. and assignes for ever to the only use and behoofe of the said c. and assignes for ever And the said Sir I M. Covenanteth and granteth to and with c. that the same Sir I M. is very true owner in fee simple of
shall be lawfull to and for the said R S. the Father at all and every time and times hereafter and from time to time during his naturall life by writing indented under seal to demise grant let and ●e● in possession and not in reversion so much of the premises cum p●rtin●●t●is c. as are in the tenure c. and all the rest and residue of the said Messuages c. other then the premises before appointed for the Jointure of the said c. So that the same Lease or grant to be made of the premises in the tenure of c. shall not surmount nor exceed the number of c. or th●ee Lives from the making there of And so that also the said Leases or ●●rants to be made of the rest and residue of the premises in the c. from the making of them and so as upon every of the same Lease there shall be reserved so much annuall rent or more as is now unpaid or unanswered for the same and that then the said Estate for and touching the premises so to be devised shall be and the said T J. c. shall stand and be thereof seized to the use and behoofe of all and every such person or persons or his or their Assignes to whom any such Lease or demise shall be so made for and during the term and terms for which the same shall be so demised according to the effect and true meaning of such demises or Leases and from and after the expiration and end of such Leases as the same shall severally end and determine Then to such further use and uses and in such sort manner and form as are before in these presents limited mentioned and declared for and touching the same That it R S. doe declare that the uses aforesaid shall be void then they shall stand seized to his use any thing c. not withstanding Provided also that if the said R S. the Father doth or shall at any time hereafter by writing under his hand and seale revoke determi●●e disanull annihilate or make frustrate or void the uses before declared for and touching the said closes c. and for and touching of the said Lands and Tenements in the tenure c. to be appointed and set out by the said R S. the Father as shall not surmount not exceed the clear yearly value of c. over and above all charge and reprizes and do or shall by the same wiring signifie declare notifie and publish that his Will and determination then shall be that the uses so by him revoked repealed or made frustrate shall have no longer continuance And that then and from then eforth the said estate for and touching onely the said Lands and Tenements for and touching which the said uses shall be revoked repealed determined and made frustrate or so signified declared notified or published to haver olonger continuance and the said T J. c. shall stand and be thereof sei●ed to the use and behoof of the said R S. the Father and his heirs and assigns for ever That it R S. be minded to purchase Lands then it shall be lawfull for him to revoke the uses any things c. notwithstanding Provided also that if the said R S. the Father be disposed at any time hereafter to buy purchase get or obtaine in Fee-simple taile for life lives or years any Lands Tenements Hereditaments cum pertinenti●s within the Lordship of c. and shall or do hereupon by writing under his hand and seale revoke determine disanull annihilate or make frustrate or void the use of so much of the same Lands and Tenements in the tenure c. as the said R S. the Father shall set out or appoint to be sufficient or convenient to be bargained or sold away for the provision of mony for buying purchasing getting or obtaining of the said Lands and Tenements in the tenure c. in Fee-simple fee-Fee-taile for life lives or years aforesaid a●●d do or shall also by the same writing signifie declare notifie and p●●blish that his Will pleasure and determination then shall be that th●euses so by him revoked repealed or made frustrate shall have no lon●●er continuance That then and from thence forth the uses so revoked r●epealed or made frustrate or so notified declared published or sign●●●ed have no longer continuance shall for and tou hing onely su●h of the same Lands and Tenements for or con●erning wich the same use and uses shall be so repealed revoked or made frustrate or so n●●ti●ied declared signified or published to have no longer continuance utterly cease determine and be void and that then and from then●●eforth the said estate for and touching only the said Lands and Tenements c. ut s●pra That R S. shall assure the lands so bought to T J. And the said R S. the Father doth grant Covenant and promise for him his heires c. that he at all times from and after such times as hee shall buy purchase obtaine or get in fe●e-Fe●e-simple fee-Fee-taile for life lives or yeares any Lands Tenements or Hereditaments cum pertinentiis within the said Lordship of c. as aforesaid shall and will at the reasonable request of the said W F. his heirs c. convey passe grant and assure all the estate right title interest and demand of him the said R S. the Father in and to the same Lands and Tenements unto the said T J. c. to such uses intents behoofes and purposes and with and under such titles conditions and provisoes as are before in and by these presents limited and appointed for and touching the said Lands and Tenements now in the tenure c. as by the said W F. his heires c. or his or their Councell learned shall be reasonably devi●ed advised or required Proviso notwithstanding any repeal the Leases made by R S. shall be in force Provided neverthelesse and it is the ●ull meaning purpose intention conclusion and agreement of the said parties for themselves and their heires that notwithstanding any frustrating repeale revocation alteration or determination That at any time or times hereafter shall be made of any of the uses before mentioned or of any new limitation or appointment that shall be made of any new use or Estate of or in the premises or any part or parcell thereof and notwithstanding any proviso clause or matter mentioned or contained in these presents all and every the Leases and devises to be made by the said R S. the Father according to the true meaning of these presents shall still stand and remaine in full power force and effect to all intents and purposes any proviso or other thing c. notwithstanding And it is further c. that if there shall be more land in quantity contained or comprized in any of the said Fines then the said Messuages c. before mentioned whereof it is agreed that a Fine shall be levied at the said next
said R.L. his Heires and Assignes for ever and to none other use purpose and intent And also that he the said R.L. shall and will permit and suffer all and singular those his Messuages Lands Tenements and Hereditaments in the County of c. which R.L. his Uncle deceased did in his life time given grant convey and assure to him the said R.L. Partie to these presents lawfully to descend come and remaine immediately after his decease to the Heires of his body by and upon the body of the said T.Y. lawfully to be begotten And that the said R.L. Partie to these presents shall not at any time hereafter make doe attempt practice knowledge suffer procure or execute any act or acts thing or things conveyance or assurance whatsoever whereby the said Lands Tenements and Hereditaments of the gift and grant of the said R.L. his late Uncle deceased or any part or parcel of the same shall or may in any wise be dis-continued bargained sold aliened transferred given granted devised or otherwise passed or conveyed away unto any other person or persons whatsoever unlesse it be to the use and behoof of the said R.L. parties to these presents and the Heir of the body of the said R. by and upon the body of the said T.Y. lawfully to be begotten or to those of him the said R.L. and the said T.Y. and of the Heir of the said R. for ever And finally the said R.L. doth covenant c. that if it shall happen the said T.Y. after the solemnization of the said marriage to have issue of her body by the said R.L. lawfully begotten and afterward to decease in the life time of the said R.L. that then he the said R. shall and will by his last Will and Testament in writing give bequeath and devise to the issue of the said R. and T. lawfully begotten as aforesaid the moity of all such goods and chattels as he the said R.L. at the time of his death shall have and be possessed of and also the moity of all such debts and duties as shall be payable and due to the said R.L. at the time of his death over and above assessements and sufficient to answer satisfie and discharge all such debts and duties as the said R.L. by any meanes shall then bona fide without fraud or collusion be indebted and bound for unto any person or persons whatsoever And if the said R.L. shall happen to die living the said T.Y. That then he the said R. shall leave and bequeath unto the said T.Y. such and so much of his goods debts and chattels his whole debts chattels and goods severed and divided into four parts and the charge of his funerall and all his debts and duties due to any others fully paid and discharged out of the same as shall amount in value to the three ful parts of the same so that the said T.Y. shall not nor may not ask claim or demand any moity of the said goods debts and chattels of the said R. then only the said three parts thereof as aforesaid In witness c. An Indenture of Covenants upon Marriage with special Covenants THis INDENTVRE made c. between T. G. of the one part and Sir W. M. of the other part Witnesseth That in consideration of a Marriage In consideration of a Marriage to be had by the permission of God to be had and solemnized between the said T.G. of the one part and the said Lady W. of the other part and for the great good will and affection the said T. G hath and beareth to the same Dame and also to the intent all and singular the Messuages Lands Tenements and Hereditaments with the appurtenances of the said T.G. hereafter in these presents specified shall and may come descend remaine and continue to and in the issue of the said T. G. in such sort manner and form as by these presents is hereafter expressed mentioned limited and declared It is now therefore covenanted granted condescended concluded fully by and between the said parties to these presents in manner and forme following That is to say The said T.G. for the considerations aforesaid doth Covenant promise and grant for him his Heires c. to and with the said Sir W. M. and Sir T. N. their c. by these presents That he the said T.G. before the Feast of That T.G. shall passe an estate in fee simple c. next ensuing the date hereof shall make cause or suffer to be made one good sufficient lawful and indefezible estate in fee simple to the said Sir W. M. and Sir T. N. and their Heires of and in the Mannors Messuages Habend to certain uses c. Recite les tenures par lour several nosmes To have and to hold the said Mannors Messuages Lands Tenements and Hereditaments and other the premisses with the appurtenances except before excepted to the said Sir W. M. and Sir T. N. and their Heires to the use of the said T.G. untill such time as the said marriage be had and solemnised then to the use of the said T.G. and of the said Dame S. for terme of her naturall life and after her decease to the use of the said T.G. and of the Heires males of his body upon the body of the said Dame S. lawfully begotten or to be begotten And for default or such issue to the use of the Heires of the body of the said T.G. lawfully begotten and to be begotten And for default of such issue to the use of the right Heire of the said T.G. for ever And so put downe so that the Lands be of certain value and discharged of incumbrances except Leases and for other assurance And then thus viz. And for the more security surety sure making and conveyance of all and singular the said Mannors and all other the premises with the appurtenances except before excepted to the said Dame S. for term of her life in manner and form aforesaid The said T.G. for him his c. Covenanteth c. That he the said T.G. and his Heires and the said Sir W.M. and Sir T.N. and their Heires and all and every other person and persons that now are or at any time hereafter shall stand and be seized of and in the said Mannors c. except before excepted shall stand and be thereof seized to the use of the said T.G. and D.S. after the same marriage had for term of their two naturall lives without impeachment of wast voluntary wast only excepted and to such further uses and intents as before in these presents are limited and expressed and to none other uses intents or purposes whatsoever And that all and every estate and estates assurance and assurances conveyance and conveyances in the Law whatsoever of the premisses or of any part or parcel thereof hereafter to be had and made shall be only to be said uses and intents in and by these presents before mentioned limited and declared A proviso that the
The Perfect Conveyancer OR SEVERALL SELECT CHOICE PRESIDENTS Such as have not formerly been printed Collected by Four several Sages of the Law EDWARD HENDEN Knight late one of the Barons of the Exchequer VVILLIAM NOY Attourney Generall to His late Majestie ROBERT MASON sometime Recorder of London And HENRY FLEETWOOD formerly Reader of Grayes-Inne Wherein are contained many excellent Examples and Instructions touching the manner and method of Conveyances usefull for all Persons that are Professors in the Law and desire to be rightly and judiciously informed With an exact Table for the Readers more ready recourse to any the particulars contained therein The second Edition much Corrected and Amended A Commum observantia non est recedendum Magister rerum usus 1. Instit Sect. 371 Brevis via per Exempla long a per Praecepta 1. Instit Sect. 372. 445. Touching the great use and benefit of Presidents LONDON Printed by F. L. for George Thompson at the White Horse in Chancery-lane near Lincolns Inne 1655. The Epistle to the Reader Courteous Reader T Is a memorable saying and no lesse antient than experimentally true That there would not be wanting Homers if there were not wanting Alexanders non deessent Homeri si non deessent Alexandri 'T is honour that nourishes Arts honos alit artes and surely I may without the least guile of flattery confidently affirm That it was a noble and lawfull emulation to purchase unto themselves deserved honour that made these venerable Sages of the Law by their indefatigable labours to become so transcendent in knowledge of which what the learned Heathen once said of Mans Soul I may now more justly affirm that it is divina particula e divina mente delapsa And sure if there be any study one more mysterious than other the Law will in no kind challenge the second place How much then they deserve that have enucleated so grand a mystery nay more well remembring that they were not borne for themselves alone but for their Countries good have with no small pains nay I may rather justly affirm with an Herculean labour brought to light so many rich and unparalell'd gemmes of knowledge as are here commended to thy publique view A worke absit jactantia verborum no lesse usefull than commendable it were to light a candle at noone day to speak in the praise of that which abundantly speaks its own worth and not to commend the Authors were to discommend my own judgement who am a true Lover and willing Student of so noble so necessary so deservedly commendable a Science Jus suum cuique tribuere is the end of the Law and I wish every one might attain that end what a happy Commonwealth should we then have learning nor learned Men would not then find so many Enemies it being an undoubted Maxime Scientiam non habere majorem inimicum praeter ignorantem To them I will not commend this work and to others I need not it doeth sufficiently commend its self As it was written for the Weale-Publiques good so I wish it may publickly be entertained And thus I silence to speake more because it doeth highly speak its own worth all I shall crave from the knowing Reader is first to read then censure Farewell Thine if thou art a candid Lover of the Law R. M. Barrister of that Honourable studie The Stationer to the courteous Reader THough many Books of this nature have been by many deserving Men maturely verss'd in the knowledge of the Law formerly commended to the Pressë for the benefit of the Republique yet witho●● the least ostentation of this so industrious so laborious so usefull a work or derogation from others who have imployed their Talent to the same end none if the opinion of knowing Men who had the perusal of this before it took life from the Presse doth seem more necessary or usefull for these present times Here are happy Presidents selected out of the choicest of former Ages and although the Law be a Labyrinth yet here is an Ariadne's Thred to lead thee out of it Buy it freely 't is for thy own profit as well as mine it being a Golden Library taken out of the principles of Law which thou mayest purchase for a reasonable summe of Silver not to presse thee or to oppresse my self 't will counsell thee without a Counsellours Fee 't is then if I mistake not good policy to lay out some money upon such tearms as will bring in such gallant usury Farewell T. G. A Table for the following Book A AN assignment of a statute staple whereupon execution hath been had and of all such lands as are thereby extended with special Covenant Pag. 57 An assignment of the Moity of the lands which the Lessee hath with diverse special Covenants Pag. 77 An assignment of a Lease Pag. 99 An assignment of two Leases by an Assignee made of several lands by several persons Pag. 128 An arbitrement Pag. 166 An assignment of a Bond by Deed Poll together with a Letter of Attorney irrevocable and usual Covenants for the same Pag. 171 An assignment of an Executorship with Covenants from the Assignee to save harmlesse c the Assignor also a grant of an annuity Pag. 175 An assignment from the Committee of the body and lands of a ward Pag. 180 An acknowledgement of the receipt of certain monies due upon the sale of certain lands and a release of the same and of all security taken therefore and a release of all Covenants in certain Indentures with a general release Pag. 188 An assignment of Dower by the heir u●… to the feme Pag. 190 An assignment of a debt unto c. Pag. 203 An attornment of the Lessee of the lands conveyed by the Feoffment upon livery and seisin Pag. 219 The award of Serjeant Henden made the 28 day of January 1631. between R.A. and I. C. of the Parish of B. in Com. Kanc ' Pag. 227 An assignment of tithes in a very good form Pag. 407 An assignment of a lease of lands made by the c. which were seised for a debt to c. by obligation penned by William Noy Esq Pag. 415 An assignment of Letters Patents for a Water Mill from c. and made over for the assurance of a Marriage portion with other Covenants penned by Councel Pag. 422 An assignment of divers estates in a very good form penned by R. Mason Esq Pag. 460 An annuity made to the use of the poor people in certain Parishes penned by Councel Pag. 477 B A Bargain and sale upon Condition for the payment of a certain sum of money upon a day by the Render to the Rendee with warranty against all men in manner c. of an usual Indenture of Mortgage Pag. 32 The Bargainer doth covenant with the Bargainee that he is seised of an estate in fee in his own right and that he will free him from all evictions c. except from R. c and that he will
whole by estimation sixscore and eight acres of Land Meadow Pasture and Wood-ground whether more or lesse thereof there to be had situate lying and being in Bollings alias Bollinge Horton and Brandesend in the said Parish of Brandeford in the County of York aforesaid being in the several tenures and occupations of the said I. H. M. H. or their Assignee or Assignees And the reversion or reversions of the same and of every part and parcel thereof together with all and singular lands tenements rents commons and all other hereditaments whatsoever with their appurtenances And also all ways easments and all and every other profits commodities with th' appurtenances to the said Mansion or Messuage other the said premises and unto every or unto any part or parcel thereof belonging appertaining or together with the same at any time before the ensealing of the said Indenture or at the time of the ensealing thereof had used occupied or enjoyed or reputed accepted or taken as part parcel or member for the same or any part thereof And furthermore whereas the said I. H. for the consideration aforesaid did give grant bargain and sell unto the said E. H. his Heirs and Assigns all those his three several Messuages of Tenements with the appurtenances and all and singular edifices and buildings to them or any of them belonging or in any wise appertaining in the several tenures and occupations of W. C. M P. R. G. or of their Assignee or Assignees together with all and singular lands tenements commons and all other Hereditaments whatsoever to them and every of them or any of them belonging appertaining or had used occupied or enjoyed with them or any of them situate lying being in B. aforesaid in the parish of B. in the said County of York and containing in the whole by estimation 30 acres more or less of land meadow and pasture And the reversion or reversions of the said three several Messuages or Tenements of all and singular other the premises and of every of them together with all and singular Easments and all other profits and commodities whatsoever to them or any of them belonging in any wise appertaining or being reputed or at any time before the ensealing of the said Indenture accounted or taken as part parcel or member of them or any of them And also all that the Close of him the said I. H. commonly called and known by the name of H. with the appurtenances situate lying and being in the said parish of B. in the said County of York And the reversion or reversions remainder or remainders and of every aprt parcel thereof And also all and singular other the lands tenements rents services commons all other hereditaments whatsoever with all and singular the appurtenances and the reversion or reversions remainder or remainders of them or every of them together with all liberties easments profits and commodities whatsoever to them or any of them belonging or in any wise appertaining situate lying and being in the Town or Hamlet of B. in the parish of B. or in any other village hamlet town or place whatsoever in the said County of York And furthermore whereas the said I. H. for and upon the consideration aforesaid did give grant bargain and sell unto the said E. H. his Heirs and Assigns all singular Deeds Charters Escripts Fines Exemplifications of Fine or Fines Exemplifications of Recovery or Recoveries all other writings ingagements whatsoever belonging or in any sort concerning the said premises above by these presents given granted bargained or sold or meant or intended to be by the same given granted bargained or sold or any part or parcel thereof the which the said I. H. or any other person or persons by his or their assent consent or procurement hath or have in his or their hands custody and possession or may any way come unto him or them To have and to hold the said former several Messuages or Tenements the said 20 acres of Land 50 acres of Meadow 50 acres of Pasture 8 acres of Wood-ground And also the said 30 acres of Land and Meadow and Pasture to three of the said Messuages or Tenements belonging and the said Close called H. and all and singular other the premises whatsoever with all and every their appurtenances unto the said E. H. his Heirs Assigns for ever * Covenants that the Bargainor was seized in Fee-simple or Fee-tayl of part of the premises and that they are in such places and known by such names may be sold as in the said recited Indenture is specified that there is such a quantity of acres every acre according to the measure allowed by Statute Now it is fully absolutely condescended concluded and agreed upon by and between the said parties to these presents in manner and form following And first the said I. H. for him his Heirs Executors Administrators and Assigns doth covenant promise and grant to and with the said E. H. his Heirs Executors Administrators and Assigns That the said I. H. was at the time of the ensealing of the said Indenture lawfully seised in fee-simple of and in four Mansions Messuages and Tenements in the tenure or occupations of them the said I. H. M. H. W. C. M. P. R. S. and of and in such Lands Meadows Pastures Wood-grounds and other Hereditaments And in such Parishes Towns and Hamlets called and known by such name or names as in the said recited Indenture they are specified set forth and conveyed And that the said former Messuages and the lands tenements meadows pastures Wood-lands and all other the premises with th' appurtenances in the said recited Indenture specified and contained and the use and uses thereof are and may be conveyed given granted bargained and sold by such name and names in such manner form as they are in and by the said recited Indenture set forth and expressed limited appointed And that the said Lands And that the bargainer was seized in his demean as of fee or as of fee-fee-tail of so much of the premises as amount to 25 l. per annum And that the bargainer was seised in reversion the estate in possession being but one life no more of the residue of the premises amounting unto 25 l. per an And that all the premises bargained sold amount unto the clear yearly value of 50 l. Meadows Tenements Pastures Wood-ground other the premises in the said recited Indenture contained are of such quantity and contain such number of acres every acre being accounted according to the measure allowed by Statute for the measuring of land enacted as in the said recited Indenture is particularly expressed and set forth And that the said I. H. at the insealing of the said recited Indenture was seized in possession in his demean as of Fee of so much of the said premises in the said recited Indenture given granted bargained conveyed and sold as amounts unto the clear
and Assigns shall and will well and truly pay or cause to be paid unto the said T. F. and his Assigns during the natural life of the said T. F. the said Annuity or Annual rent of 10 l. yearly at or upon the second day of May or within the said 30 days next after the said day in manner and form as is before in these present Indentures limited and appointed Of which said Annuity or Annual rent of 10 l. to be paid as aforesaid the said B. F. hath put the said T. F. in present and full seisin and possession and by giving him the sum of Six-pence Seisin given of the rent In witnesse whereof the parties above-named to these present Indentures their hands and seals interchangably have put Dated the day and year first above written Anno Domini c. An usual Deed of Feoffment with general Warranty TO all Christian People to whom this present Writing shall come T. P. of T. in the County of K. Yeoman Greeting in our Lord God everlasting Know ye me the aforesaid T. P. for and in consideration of the sum of 60 l. of good and lawfull mony of England to me the aforesaid T. P. by I. T. of B. in the aforesaid County Clothier well and truly before-hand paid whereof I acknowledge my self to be fully satisfied and contented and said I. T. his Heirs Executors and Administrators to be for ever acquitted and exonerated by these presents have given granted infeoffed and by this my present Writing confirmed to the aforesaid I. T. his Heirs and Assigns all that Mannor Messuage or Tenement Barn Stable with all other edifices to the said Messuage or Tenement belonging or in any wise appertaining or with the same heretofore usually occupied And also one garden one orchard three pieces or parcels of land meadow and pasture with their and every of their appurtenances containig in the whole by estimation 10 acres of land and pasture more or lesse situate lying and being in the Parish of R. aforesaid and abutting upon the Kings high-way towards the South and West and the lands of the heirs of F. A. towards the South and East towards the land of A. M. towards the North and to the land of A. H. towards the North and East as by metes and bounds thereof they are set forth and well known Which said Messuage and other the premises whatsoever now are in the tenure or occupation of one I. L. or of his Assigns To have and to hold the aforesaid Messuage or Tenement with all and singular the edifices to the said Messuage belonging th' aforesaid three pieces or parcels of land meadow and pasture with all and singular edifices with their appurtenances and other the premises whatsoever to the aforesaid I. T. his Heirs and Assigns to the use and behoof of the said I. T. his Heirs and Assigns for ever To hold of the chief Lords of the Fee thereof by services hertofore due and of right accustomed And I the aforesaid T. P. and my Successors aforesaid the said Messuage or Tenement aforesaid three pieces or parcels of land meadow and pasture and other the premises whatsoever A general Warranty with all and singular the appurtenances to the said I. T. his Heirs and Assigns against me mine Heirs and Assigns and against all other men do warrant and for ever defend by these presents In witnesse whereof I the aforesaid T. P. to this my present Writing have put to my Seal Dated the first day of May in year c. A Release upon a Deed of Feoffment TO all Christian People to whom this present Writing shall come T. P. of T. in the Parish of T. in the County of K. Greeting in our Lord God everlasting Know ye me the aforesaid T. P. for and in consideration of the sum of 60 l. of good and lawfull mony of England to me th' aforesaid T. P. by I. T. of the aforesaid Parish of B. in the said County of K. Yeoman before-hand well and truly paid and for divers other good causes and considerations me hereunto especially moving have remised released and altogether for me and my Heirs for ever quit claimed by these presents unto I. T. of K. aforesaid Yeoman in his full and peaceable possession and seisin being to his Heirs and Assigns to the onely and proper use and behoof of him the said I. T. his Heirs and Assigns for ever all my right title claim interest or demand which I the aforesaid T. P. have or at any time had or any wayes hereafter may have of or in one Messuage or Tenement Barn Stable with all and singular edifices buildings and other the appurtenances whatsoever to the said Messuage or Tenement belonging or in any wise appertaining and of and in one Garden one Orchard three pieces or parcels of land meadow and pasture with the appurtenances containing in the whole by estimation 16 acres of land whether more or lesse situate lying and being in the aforesaid Parish of B. in the aforesaid County of K. abutting on the Kings high way there towards the South and West to the lands of the Heirs of F. A. to the South and East to the lands of A. M. towards the North and to the lands of A. H. towards the North and East as by the metes and bounds thereof as they are divided are set forth and well known So that neither I the said T. P. nor my Heirs nor any other by us for us or in our right and property title claim interest or demand of or in the said Messuage or Tenement with the appurtenances aforesaid Barns Stable with all other edifices aforesaid one Garden one Orchard aforesaid three pieces of parcels of land meadow and pasture with the appurtenances and of or in other the premises whatsoever with their appurtenances nor in any part or parcel of the same we may or hereafter ought to require claim or challenge but from every action right title claim use interest and demand in the same we are altogether excluded by these presents In witnesse whereof I the said T. P. to this present writing have put my seal Date● c. ❧ A General Release BE it known unto all men by these presents that I R. G. of R. in the County of K. Yeoman for divers good causes and considerations me thereunto especially moving have remised released and quit claimed and do by these presents for me my Heirs Executors Administrators and Assigns remise release and quit claim unto W. M. late of P. In the County of S. Tanner his Heirs Executors Administrators and Assigns all and all manner of actions both real personal and mixt and all and all manner of Bils Bonds Obligations Debts or Duties Judgements Executions Accompts and Demands whatsoever And all and all manner of Actions which I the said R. G. my Executors Administrators or Assigns have or had may or can have against the said M. W. his Executors or Administrators in or upon Bill
with th' appurtenances one Barn one Hay-house called a Lodge with all edifices to the said Messuage belonging or appertaining one Garden one Orchard and 9 pieces or parcels of Land Meadow and Pasture with th' appurtenances containing in the whole by estimation 20 acres of Land Meadow and Pasture be they more or less situate lying and being in the Parish of R. in the aforesaid County of K. and abutting on a certain Lane there called M. lane leading between L. N. towards the West to the lands of R. L. and R. S. towards the South the Lands of the said R.G. towards the East North as by the met●s and bounds thereof they are divided are set forth well known To have and to hold the aforesaid Messuage or Tenement with th' appurtenances the aforesaid Barn Hay-house called a Lodge the aforesaid Garden Orchard and the aforesaid 9 pieces or parcels of Land Meadow and Pasture with th' appurtenances and all other premises whatsoever with their and every of their appurtenances aforesaid to the said L. T. his Heirs and Assigns for ever to hold of the chief Lord of the Fee thereof by the services thereof heretofore due and of right accustomed And I the aforesaid T.H. and my Heirs the aforesaid Messuage or Tenement with th' appurtenances the aforesaid Barn Hay-house called a Lodge the aforesaid Garden Orchard and the said 9 pieces or parcels of Land Meadow and Pasture with th' appurtenances other the premises whatsoever with every of their appurtenances to the said L. T. his Heirs and Assigns against me and my Heirs and all other men will warrant and for ever by these presents defend In witnesse c. Livery upon the Deed of Feoffment PEaceable possession and seisin of the Messuages Lands and ●●●er the premises contained in this Deed was delivered by the within-named T.H. to the within-named P. W. and to his Heirs according to the form and effect of this Deed in the presence of us whose names are underwritten And when it is by Attorney thus PEaceable possession and sesin of all and every the premises in this Deed contained was delivered the 9th day of Iune in the year within written by R. S. and N. B. within-named Attorneys of the said I. D. within named to the raid E. H. according to the force form and effect of this Deed in the presence of those whose names are under-written ¶ A Bargain and Sale upon Condition for the payment of a certain sum of money upon a day by the Rendor to the Rendee with Warranty against all Men in manner and form of an usual Indenture of Morgage THis INDENTURE made c. Between W.L. of H. in the County of S. Yeoman of th' one part and T. S. of L. in the said County Yeoman on th' other part Witnesseth that the said W. L. in consideration of the sum of c. of c. to him the said W. by him the said T. S. before the ensealing and delivery of these presents well and truly in hand paid whereof and wherewith the said W. L. acknowledgeth himself to be fully satisfied c. hath given granted bargained and by these presents doth give c. unto the said T. S. all that the Site and Manor of L. with the appurtenances lying and being in H. aforesaid and all and singular those lands tenements rents services and hereditaments whatsoever in H. aforesaid being part parcel or member of or belonging to the said Site or Manor of L. containing in the whole by estimation c. and all and singular the lands tenements and hereditaments in L. aforesaid called and known by the name of c. And further the said W. L. hath for the consideration aforesaid given granted c. unto the said T. S. the reversion and reversions remainder and remainders of all and singular the said Site and Manor and of all other the premises before by these presents mentioned to be bargained and sold And all rents services and other thing reserved upon or payable by reason of any demise or lease of the said premises or any part thereof To have and to hold all and singular the said Site and Manor c. before by these presents mentioned to be bargained and sold with all and singular their appurtenances unto the said T. S. his Heirs and Assigns for ever And the said W. L. doth by these presents for him his Heirs c. Covenant and grant to and with the said T. S. his Heirs Covenant that the bargainor is seised of a good indefeasible estate in fee-simple that he had full power in his own right to bargain sell the premises c. and every of them in manner and form following that is to say that he the said W. L. is at the time of th' ensealing and delivery of these presents and at the time of the first estate thereof to be made executed or conveyed unto the said T. S. lawfully seized in his own right and to his own use of and in the said Site Manor of L. and of and in all and singular the Lands Tenements and Hereditaments and other the premises before by these premises mentioned to be bargained sold with the appurtenances of in every part thereof in his Demesne as of Fee-simple of a good sure lawfull rightfull absolute and indefeasible Estate without condition morgage or limitation of use or uses and at the time of th' ensealing delivery of these presents hath and at the time of the first estate thereof to be made exempted or conveyed shall have full lawfull and rightfull authority in his own right to bargain sell and convey the said premises and every part thereof And that the premises are and so shall continue clearly acquitted and discharged or else sufficiently saved harmless from all former Bargains Sales Feoffments c. Charges c. except the Rents due to the Lords of the Fee and the Dower of the Mother of the Bargainer unto the said T. S. and his Heirs according to the purport or effect of these presents and that the Site and Manor of L. and all other the Lands Tenements Hereditaments and premises before-mentioned to be bargained sold at the time of th' ensealing delivery of these presents be from time to time at all times hereafter shall continue remain be cleerly acquitted and discharged or by the said W.L. his Heirs c. sufficiently saved harmlesse and indempnified of from all manner of Bargains Sales Feoffments Alienations and from all manner of Estates Tails Vses Statutes Merchant and of the Staple Recog Judgements Condemnations Annuities Rent-charges Rent-secks Arrerages of Rents Conditions Forfeitures Entries or Re-entries for Condition or Conditions broken Joyntures Dowers titles of Dower and of and from all other interests titles charges and incumbrances whatsoever before the ensealing and delivery of these presents had made done committed or executed or at any time hereafter before
Heirs and Assigns And that the said I. L. shall or lawfully may from time to time and at all times hereafter for ever lawfully and quietly have hold occupy and enjoy the said Messuages c. without any lawfull let eviction expulsion or disturbance of the said W. B. his Heirs or Assign or of any other person or persons whatsoever other than of and from such evictions and disturbances as by the Heirs or Assigns of R. B. late of B. in the said County deceased shall hereafter happen to be made by re-entry upon the said premises according unto a Condition in a certain Deed Indented bearing date c. contained by reason only for and in default of payment hereafter by the said I. L. his Heirs or Assigns to be made unto the said Heirs or Assigns of the said R. B. deceased contrary to the form of the said Condition of one Annuity or yearly Rent of payment of c. hereafter in or by the said Indenture reserved granted or payable unto the said R. B. his Heirs or Assigns of some part thereof And that the said Messuage c. and all and singular other the premises before by these presents mentioned to be bargained and sold with th' appurtenances at the time of the ensealing and delivery of these presents be and so from time to time and at all times hereafter shall continne remain and be unto the said I. L. his Heirs and Assigns clearly acquitted and discharged or else sufficiently saved harmlesse and indempnified of and from all and all manner of Morgages Feoffments grants alienations Entails Joyntures Dowers Leases Conditions of Statutes Merchant and of the Staple Recogn Rent-charges Rent-secks Arrerages of Rents Judgements Condemnations Executions and of and from all other interests titles charges and incumbrances whatsoever had made done executed committed or suffered by the said W. B. his Heirs or Assigns or by any other person or persons whatsoever The Rents and Services from henceforth to be due and payable to the Lord or Lords of the Fee or Fees thereof And one yearly Rent or payment of c. a year due or payable unto one I. B. of S. aforesaid and his Heirs And all re-entries by the Heirs and Assigns of the said R. B. hereafter to be made by vertue of the said recited Condition only for and in default of payment after the ensealing and delivery of these presents by the said I. L. his Heirs and Assigns to be made by the Annuity or yearly rent or payment of c. in or by the faid recited Indenture reserved or payable only excepted and forep●sed And also that the said W. B. and M. his Wife and the Heirs and Assigns of the said W. and all and every person or persons anything in the said Messuages and premises or in any part thereof having or lawfully claiming to have by from or under the said W. B. his Heirs and Assigns shall and will from time to time and at all times hereafter during the space of c. next ensuing the date of these presents upon reasonable request and at the cost and charges in the Law of the said I. L. his Heirs and Assigns knowledge make do execute and suffer or cause to be made done knowledged and executed unto the said I. L. his Heirs or Assigns or to such other person or persons as he or they shall nominate appoint All and every such further act and acts thing or things devise and devises whatsoever be it by Fine Feoffment Recovery with Voucher or Vouchers Release Confirmations with Warranty against all persons or without Warranty or by any or as many of these wayes and means or by any other lawfull assurance or assurances as by the said I. L. his Heirs or Assigns or by his or their learned Counsel in the Law shall be reasonably devised or advised And finally the said W.B. doth by these presents for him his Heirs c. further covenant and grant to and with the said I. L. his Heirs c. that the said recited Condition in the said recited Indenture contained made or reserved for the payment of the said Annuity or yearly rent or payment of c. is not nor at any time heretofore hath been by him the said W. his Heirs or Assigns broken nor that the Heirs or Assigns of the said W. B. nor any person or persons may or ought for or by reason of any default in payment of the said yearly rent or payment of the said c. nor for any other condition cause or matter whatsoever heretofore made done committed executed or suffered enter or re-enter into the said Messuage or other the premises or any part thereof or lawfully defeat the estate interest or possession of the said W. B. his Heirs or Assigns or of the said I. L. his Heirs or Assigns or any part thereof in and to the said Messuage and premises or of in or to any part or parcel thereof In witnesse whereof c. ¶ A Covenant that the Bargainer is solely seised of a rightfull estate in Fee or Fee-tayl the Reversion or Reversions not to the King ANd the said I. R. doth by these presents for him his Heirs c. covenant and grant to and with the said I. G. his Heirs c. in manner and form following viz. That he the said I. R. at the time of the ensealing and delivery of these presents is solely lawfully and rightfully seised of and in the said Manor Lands Tenements Rents Services and other the premises with the appurtenances in his own right in his demean as of Fee-simple or in Fee tail general or as heir of the tail special of an absolute estate without condition or determination otherwise than for default of issue of his body lawfully begotten with the reversion or reversions thereof in Fee-simple to him and his Heirs or to some other common person and not to the Commonwealth c. immediatly appertaining c. Covenants that the Bargainer shall made satisfaction for so much of the premises as shall be recovered from the Bargainee ANd further the said I. T. doth by these presents for him his Heirs Executors and Assigns covenant and grant to and with the said A. L. That he the said I. T. his Heirs c. shall and will likewise from time to time and at all times for ever from and after the ensealing and delivery of these presents either well and sufficiently save and keep harmlesse as well the said A. L. his Heirs and Assigns as also the said capital Messuage Lands Tenements and Hereditaments before mentioned to be bargained and sold with all and singular their appurtenances of and from all and all manner of Rent-secks Arrerages of Rents Statutes Merchant of the Staple Recog Iudgments Executions Forfeitures Amerciaments Intrusions and of and from all other interests titles charges and incumbrances whatsoever before the ensealing and delivery of these presents had made done committed or executed which at any time or
all other hereditaments whatsoever they be lying and being in S. aforesaid which A. P. Father of the said H. sometimes purchased had of I. F. Esq by certain names number of acres and quantity of land to be in the said writ contained unto which said wri● so to be purchased the said H. P. shall appear gratis vouch to warranty the common Vouchee who shall likewise appear gratis enter into the warranty and plead and after make default and that there upon judgment to be given that the said I. F. shall recover the said Manor messuages lands tenements hereditaments all other the premises with the appurtenances against the said H. P. and the said H. P. shall recover in value against the common Vouchee so that a perfect recovery may be thereupon had and that both the said parties to these presents and the said common Vouchee shall at the costs and charges in the Law of the said I. F. make do and execute all and every matter and thing whatsoever meet necessary or expedient for the prosecution of the said recovery according unto the course of common Recoveries with single Voucher in such cases which said recovery so to be had and executed and the execution thereof and the said Manor messuages lands tenements hereditaments all other the premises shall be to the only use behoof of the said I. F. his Heirs and Assigns for ever Provided that if the said I. F. his Heirs Executors Administrators or Assigns Proviso that if the recoverer fail in payment of such a sum that then the use limited to him to be void shall not well and truly content and pay or cause to be well and truly contented satisfied and paid unto the said H. P. his Heirs Executors Administrators or Assigns in or upon the c. which shall be c. the sum of c. at or in the now dwelling house of the said H. P. situate in H. aforesaid but in payment thereof or of some part thereof shall make default contrary to the effect intent true meaning of these presents that then and from thenceforth the uses before limited of or concerning the said Manor-house or principal messuages or tenements also of or concerning all those lands c. shall cease and determine and the then and from thenceforth the said Manor-house c and the said Recovery thereof as aforesaid to be had and executed and the execution thereof to be taken for and concerning only so much of the said premises as are before mentioned to be bounden out and the use thereof and all and every other person and persons that shall stand or be seized thereof or of any part thereof shall from and after such default in payment to be as aforesaid made by the said I. F. his Heirs Executors Administrators Assigns or any of them of all or any part of the said sum of c. stand and be thereof seized to the only use and behoof of the said H. P. his Heirs Assigns for ever and not to any other use or uses and the said H. P. for him Covenant that the land under the condition aforesaid is shall continue either acquitted or sav'd harmlesse from all former bargains c. except the condition aforesaid and the rents due to the Lord of the Fee his Heirs Executors Administrators and Assigns doth by these presents covenant and grant to and with c. in manner and for following that is to say that the said Manor Messuage c. at the time of the ensealing delivery of these presents be and so from time to time at all times hereafter under the said proviso and condition before mentioned shall remain continue and be unto the said I. F. his Heirs and Assigns according to the limitation and use aforesaid either clearly acquitted and discharge and sufficiently saved harmlesse of and from all and all and all manner of former bargains sales gifts alienations Leases Conditions c. whatsoever before had made done executed or committed by the said H. P. his Heirs or Assigns or by H. P. Esq deceased Father c. his Heirs or Assigns or by any other persons or persons by their consent means or procurement or either of them or by reason or means of any other act or thing whatsoever Or else that the recoveree will if the recoverer shall be lawfully expulsed except by such incumbrances before excepted within c after notice of such expulsiō pay so much as the recoverer shall be damnified thereby heretofore or before the making or conveying of the first estate or assurance of the said premises to the said I. F. to be had made done executed or committed by the said H. F. his Heirs or Assigns or by any other person or persons whatsoever by his or their consent means or procurement All such incumbrances which are or shall be or happen by reason or means of the said proviso And the rents payments and services from henceforth to grow due or payable for or by reason of the premises or any part thereof to the Lord or Lords of the Fee or Fees thereof and one Lease heretofore made by the said H. of a Tenement c. which upon the yearly rent of c. is reserved shall or ought to be payable during the term yet to come unto the said I. F. his Heirs and Assigns only excepted or else that if and as often as the said I. F. his Heirs and Assigns shall at any time or times hereafter happen to be without fraud or covin lawfully expulsed or evicted of all or any part of the said Manor Messuages c. except by reason of such incumbrances as be before excepted That then and so often the said H. P. his Heirs Executors of Assigns shall and will within c. next after notice to him or any of them given by the said I. F. his Heirs or Assigns of any such eviction expulsion or damnification except before excepted well and truly pay and satisfie unto the said I. F. his Heirs Executors Administrators or Assigns so much as the said I. F. his Heirs or Assigns shall sustain or be damnified by means of any eviction expulsion or damnification upon or by reason of any the incumbrances aforesaid except before excepted And further the said H. P. doth by these presents for him his Heirs Executors Administrators and Assigns and every of them Covenant to make further assurance of the premises other than of the Lands contained under the proviso Covenant and grant to and with the said I. F. c. that he the said H. P. his Heirs and Assigns and all and every other person or persons whatsover any estate interest or thing having or lawfully claiming in all or any of the said Manor Messuages c. or any part thereof by from or under him the said H. P. his Heirs or Assigns other than the said I. R. concerning the said interest or lease before
unto the said S.T. his Executors Administrators or Assigns all such sum and sums of money and other things which the said S. his Executors Administrators or Assigns shall so receive take or gain of the said I.W. his Heirs Executors Administrators or Assigns without fraud covin or further delay In Witnesse whereof c. A Deed of Morgage with Warranty against the Morgager and his heirs only TO all c. Know ye me the said T.M. in consideration c. to me by one I.G. of G. in the County of K. well and truly before-hand paid whereof I acknowledge my self to be fully satisfied and paid and the aforesaid I.G. his Executors and Administrators to be ●●onerated acquitted by these presents have infeoffed delivered by this my present writing indented have confirmed to the aforesaid I.G. all that Messuage c. in B. aforesaid in the County of S. wherin the aforesaid T.M. lately did inhabit and dwell one Barn c. in B. aforesaid containing in the whole by estimation c. be they more or less All and every which aforesaid premises with th' appurtenances somtimes were the lands tenements and hereditaments of one W.A. deceased and the rendition and renditions remainder remainders of all and singular the aforesaid premises with th' appurtenances and of every part and parcel thereof To have and to hold the said Messuage or Tenement c. and all other the premises with all singular the appurtenances before in these presents mentioned to be delivered or confirmed to the aforesaid I.G. his Heirs and Assigns for ever to the only use behoof of the said I.G. his Heirs and Assigns for ever To hold of the chief Lord of the Fee thereof by the services therof due and of right accustomed Proviso that if the Feoffor pay so much money that then this conveyance shall be void and that it shall be lawful for him to ●e-enter Provided alwayes neverthelesse that if I the said T.M. my Heirs Executors Administrators or Assigns do pay or cause to be paid to the aforesaid I.G. his Executors Administrators or Assigns the sum of c. at or in the now Market house of B. situate lying and being in the said County of S● in and upon c. which shall be in the year of our Lord God at an intire payment without any fraud or further delay That then this present writing indented and all and singular things in the same contained together with the seisin upon the delivery thereof shall cease and be frustrate and remain of no force in the Law and that then and from thenceforth it shall and may be lawful to and for me the said T.M. my Heirs and Assigns into all singular the aforesaid lands tenements hereditaments and other the premises with the appurtenances before by these presents mentioned to be delivered and confirmed and every parcel thereof to re-enter and the same to have again repossesse and reinjoy as in my former estate any thing notwithstanding And I the aforesaid T. M. and my Heirs all and singular the aforesaid premises lands c. and other the premises with all singular the appurtenances to the aforesaid I.G. his Heirs and Assigns in manner and form and under the Condition aforesaid against me and my Heirs will Warrant and for ever by these presents defend Warranty In witnesse c. ¶ A Condition of an Obligation for the enjoying the Lands morgaged according to the purport of the Deed containing also the effect of divers necessary Covenants THe Condition c. That whereas the above-bounden T.M. hath by his Deed Indented bearing date c. enfeoffed the above-named I.G. of and in all that Messuage or Tenement with th' appurtenances in B. c. of one Barn c. To be had and holden unto the said I.G. his Heirs and Assigns for ever under a certain proviso or condition in the said Deed Indented contained for the payment of That the Feoffee shall enjoy the lands without any lawfull eviction c. c. unto the said I.G. c. at a certain time and place in the condition of the said Deed indented mentioned as in and by the said recited Indenture more at large it doth and may appear If therefore the said I.G. his Heirs and Assigns and every of them shall and lawfully may from time to time and at all times hereafter peaceably c. have hold c. the said Messuages c. and all and singular other the premises before by the said recited Deed indented mentioned to be aliened granted or confirmed And that the lands are and shall continue discharged or saved harmles from all alienations c. incumbrances other thā such incumbrances as are by the said Feoffment the rents due to the Lord of the Fee with all and singular their appurtenances without any lawfull eviction or disturbance of the said T.M. his Heirs or Assigns or of any by his or their assent means c. according unto the true meaning of the said Deed indented And the said Messuage c. and all and singular other the premises at the time of th' ensealing and delivery of the said Deed indented of seison thereupon were and so from time to time and at all times hereafter shall continue and be unto the said I.G. his Heirs and Assigns clearly discharged or by the said T.M. his Heirs and Assigns sufficiently saved harmlesse and indempnified of and from all estates alienations c. and incumbrances whatsoever had made done executed or committed by the said T.M. his Heirs or assigns other then such estates and incumbrances as been made or executed in or by the said recited Deed indented and other than the rents and services from henceforth to accrue due and payable for the premises to the chief Lord or Lords of the Fee or Fees thereof And further if it shall happen at any time or times hereafter that the said I.G. his Heirs Executors Administrators or Assigns or any of them shall be lawfully evicted expulsed or put out of all or any part of the said Messuage c. by any person or persons whatsoever or that the same And that if the Land shall be lawfully evicted that he upon notice given thereof will pay so much for every acre evicted within c. after notice given or any part thereof shall be lawfully recovered from the said I.G. his Heirs or Assigns by any person or persons other than by means or reason of the said Proviso in the said recited Dee● indented contained That then if he the said T. M. his Heirs c. or any of them do well and truly content and pay or cause to be well c. unto the said I.G. his Heirs c. the sum of c. and so after the rate for every acre of the said premises so as aforesaid to be evicted or recovered from the said I.G. his Heirs or Assigns within c. next after such notice given of such
committed in about or concerning the premises In witnesse whereof c. An Indenture that the Grantor shall infeoff another person before a day limited in the Indenture of certain Lands with general Warranty to such uses as shall be limited by the Feoffment THIS INDENTURE made c. Between I. A. c. of th' one part and I. W. c. of th' other part Witnesseth that the said I. A. in consideration c. And the said I. A. doth by these presents for him his Heirs Executors Administrators and Assigns Covenant and grant to and with the said I. W. his Heirs Executors Administrators and Assigns in manner and form following that is to say that he the said I. A. shall and will before c. upon reasonable request and at the costs and charges in the Law of the said W. by Deed infeoff I. E. the younger of c Yeoman and G. A. of c. of and in all those c. whether more or lesse and bounding and butting in manner and form following that is to say c. as the marks and bounds divide and shew to be had and holden of the said I. E. G. A. their Heirs and Assigns to such use and uses Covenant that the bargainor is and at the time of a future Feoffment to be made shall be seised in fee or fee tay I general of a lawful absolute and indefeasible estate in his own right c. and in such manner and form as in and by the said Deed of Feoffement shall be limited and declared and not to any other use or uses intent or purpose And the said I. A. doth by these presents for him his Heirs c. Covenant and grant to and with the said I. W. his Heirs c. that he the said I. A. at the time of the ensealing and delivery of those presents is and at the time of seison and state thereupon execute according unto the purport of the said Deed of Feoffment shall be seised in his demean as of fee-simple or fee-tayl general of a good sure lawfull rightfull absolute and indefeasible estate And now hath and then shall have good lawfull authority and rightfull power in his own right to give grant and convey the said Lands and all other the premises with the appurtenances according to the purport of the said Deed of Feoffment unto the said I. E. and G. A. And to such uses and intents as shall be contained in the said Deed of Feoffment And that such person or persons to whom the use or uses shall be in or by the said Deed of Feoffment limited Covenant that they to whom the uses shall be limited by the future feoffement may peaceably and lawfully enjoy the said Lands c. without any lawfull let c. acquitted and discharged or saved harmless from former bargains c. and incumbrances c. the Rents and services only due to the Lord c. of the fee excepted shall or lawfully may from time to time and at all times after the execution of the estate upon the said Deed of Feoffment to be made peaceably and lawfully have hold and enjoy the said Lands and Tenements and all other the premises with the apurtenances according to the limitation of the uses in the said Deed of Feoffment to be contained without any lawfull let or expulsion eviction or disturbance of the said I. M. his Heirs c. or any other person or persons whatsoever And that cleerly acquitted and dicharged or else from time to time from and after the execution of the said estate by the said I. A. his Heirs c. sufficiently saved harmlesse and indemnified of and from all and all manner of former bargains c. and incumbrances whatsoever had made done executed or committed or before the execution of the said estate to be had made done or committed by the said I. A. his Heirs c. or by any other person or persons whatsoever The rents and services from henceforth due or payable for the said lands and other the premises to the Lord or Lords of the fee or fees thereof only excepted And further the said I. A. his c and all and every other person and persons any estate interest or thing The Common Covenant for further assurance to be made having or lawfully claiming to have by from or under the said I. A. his c. shall and will from time to time and at all times during the space of c. next c. upon request and at the costs and charges in the law of the said I. W. his Heirs c. acknowledge make doe execute or suffer to be acknowledged made done and executed all and every such further reasonable and lawful Act and Acts thing and things devise and devises in the law whatsoever for the further assurance c. and other the premises with the appurtenances to such person or persons their Heirs and Assigns to whom the use or uses of the said premises shall be in or by the said Deeds of Feoffment limited Be it by Fine Feoffment c. as by the said I. W. his Heirs or Assigns or by his or their learned Councel in the Law shall be reasonably devised or advised and required And further the said I. A. doth by these presents bargain and sell unto the said I. W. all and singular the deeds chaters The usual clause of sale of the evidences which concern the title and covenant to deliver them before a day certain writings evidences escripts and minuments concerning only the said premises or any part thereof all or so many of them as the said I. A. or any other person or persons to his use or by his delivery hath in his or their custody or which he may lawfully come by without sute in law And he the said I. A. doth by these presents for him his Heirs c. Covenant and grant to and with the said I. W. his Heirs c. well and truly to deliver the said c. or cause them to be delivered unto the said I. W. his Heirs c. on this side or before that c. next ensuing the date of these presents In Witnesse whereof c. A Deed of Feoffment of the lands before mentioned in the Indenture TO all c. know ye that I the aforesaid c. for diverse Causes and Considerations me especially moving have given c. and by this my present writing indented have confirmed unto I. E. the younger of c. and G. A. of c. all those c. and the reversion and reversions remainder remainders of all and singular the aforesaid Lands and Tenements with the appurtenances before mentioned to be given or confirmed with all and singular their appurtenances to the aforesaid I. E. and G. A. their Heirs and Assigns for ever to the use behoof and intents hereafter in these presents mentioned and declared and to none other uses or intents viz. to the
use and behoof of I.W. Son and Heir apparent of I. W. of c. his Heirs and Assigns for ever Provided alwayes A Proviso for the Lesser of the old uses upon tender of money neverthelesse that if the aforesaid I.W. aforesaid or his Assigns do pay or bring to pay or bring to the elder Churchwarden of the Parish Church of c. aforesaid for the time being in the Church Porch of the Parish Church of c. aforesaid Twelve pence of lawfull c. any time or times during the life of the aforesaid I. W. aforesaid at one entire payment that then and from thenceforth the uses aforesaid before by these presents limited to the aforesaid I. W. the Son shall cease be frustrate and have no longer continuance and that then then afterwards and altogether from thenceforth the uses of the Lands and Tenements aforesaid shall be and the aforesaid I. E. and G. A. and their Assigns and all others shall stand and be seized to the only use and behoof of the said I.W. aforesaid his Heirs and Assigns for ever and to none other uses or intents any thing before in this present Writing contained to the contrary hereof notwithstanding To hold of the Chief Lord of the Fee by the service therefore due and of right accustomed And I the aforesaid I. A. and my Heirs all and singular the aforesaid Lands Tenements Hereditaments and other the premises with all and singular their appurtenances to the aforesaid I. E. and G. A. their Heirs and Assigns to the use behoof and intents aforesaid against all men will warrant and for ever defend by these presents In witnesse c. A Deed of Feoffment of a Parsonage and Advowson of the Vicaridge thereto belonging with Warranty against the Feoffor and his Heirs TO all c. Know c. all that my Rectory of V. with the Advowson and Presentation of the Vicaridge of V. aforesaid and all and singular houses barns edifices lands Glebes tenements pensions portions tithes oblations obventions and hereditaments hwatsoever being or reputed to be part parcel or member with the appurtenances of the Rectory aforesaid usually demised used or occupied with the same which the aforesaid I. B. lately purchased of c. To have and to hold the Rectory aforesaid together with the Advowson and Presentation of the Vicaridge aforesaid and all and singular houses edifices lands Glebes tenements pensions portions tithes oblations obventions hereditaments and all and singular other the premises with the appurtenances to the aforesaid c. his Heirs and assigns for ever of the Chief Lord of the Fee by the service therefore due and of right accustomed c. With the usual clause of Warranty An Indenture of bargain and sale made to the Lessee of the same land with Proviso that if the Bargainee do not pay a certain sum of money at a day then the Grant to be void THIS INDENTVRE c. Between the Right Honorable H. Lord Windsor of th' one part And I. H. of c. of th' other part Witnesseth That the said H. Lord Windsor as well for and in consideration of the sum of c. to him the said H. Lord W. by the said I. H. well and truly in hand paid c. As also for and in consideration of c. to him the said H. L. W. by the said I. H. his Executors c. to be paid in manner and form according to a proviso hereafter in these presents contained hath bargained and sold and by these presents doth fully clearly and obsolutely bargain and sell unto the said I. H All and singular the Lands Tenements and Hereditaments hereafter mentioned that is to say the Site or Manor-house of G. c. and other buildings to the said Site or Manor-house belonging or appertaining with the appurtenances one Orchard c. situate lying and being in the Parish of c. and now being in the tenure or occupation of c. or his Assigns by vertue of a demise thereof made to him the said J. H. by the said H. Lord. W. which said Site or Manor-house are together situate lying and being in c. aforesaid and do bound and butt c. And further the said H. Lord W. hath for the consideration aforesaid bargained and sold and by these presents doth fully and clearly bargain and sell unto the said I. H. the reversion and reversions remain and remainder of all and singular the said Site or Manor-house c. and all and singular other the Lands c. of the said H. Lord W. which he the said H. holdeth by reason or virtue of the said two several Leases to him made by the said H. Lord W. and the receipts and other things reserved upon or payable by reason of any demise or demises of the said premises or any part or parcel thereof heretofore made together with all and singular the Deeds c. concerning only the said Site or Manor house Lands Tenements and other the premises before mentioned to be bargained and sold or only any part thereof And the true Copies of all such other Deeds Evidences and writings as concern the said premises or any part thereof joyntly together with other Lands and Tenements the same Copies to be written out at the costs and charges of the said I. H. his Heirs or Assigns To have c. the said Site or Manor-house c. and all and singular other the premises unto the said I. H. his Heirs and Assigns for ever Provided alwayes that if the said I. H. his Heirs c. or any of them shall not well and truly content and pay or cause to be well and truly contented and paid unto the said H. Lord W. his Executors c. the sum of c. before recited in manner and form following that is to say c. at or in c. and c. one other parcel thereof at the place aforesaid in or upon the c. But in payment thereof or of some part thereof shall make default That then and from thenceforth it shall and may be lawfull to and for the said H. Lord W. his Heirs or Assigns into the said Site or Manor-house c. and into every part and parcel thereof with all and singular their appurtenances to reenter and the same to have again repossesse and enjoy as in his or their first and former estate and estates any thing before in these presents contained to the contrary thereof notwithstanding Here followed the usual Covenants as first that the Bargainor is seized of a rightfull absolute indefeasible estate in fee-simple or fee-tayl general c. in his own right and had lawfull power in his own right to convey c. as aforesaid And that upon payment as aforesaid the Bargainee shall peaceably and lawfully enjoy the c. without any eviction or disturbance c. and that the lands are and shall be discharged or saved harmlesse from all former bargains c. and incumbrances
the said F. or his Assigns if he shall be then living or to the said E. F. his Heirs c. it he the said F. shall be then dead at or in the Iron Forge the sum of c. at one whole and entire payment And if and as often as the said H. and M. or their Executors c. shall make default in payment of any of the said several payments in form aforesaid covenanted to be paid that then the said H. and M. their Executors c. covenant grant and agree to forfeit and pay unto the said F. F. if he shall be then living or to the said E. his Heirs c. if the said F. shall be then dead for every such default c. in the name of a pein and the said F. and E. doe and either of them doth by these presents for them and either of them and for the Heirs c of them and either of them further covenant promise and grant to and with the said H. and M. their Executors c. and every of them that they the said F. and E. their Heirs c. shall and will during the continuance of this present Lease save defend and keep harmlesse the said H. and M. their Heirs c. and every of them of from and against all outrage spoyl and hurt hereafter to be done or done by any the people in the Country or others in willfull burning or destruction of any the said Iron or workforge or Iron Mill Cole-pits or Cole heaps houses or Cabyns Convenant that the Lessees shall take timber for repairing or making of the furnace c. or other buildings built for the use aforesaid which already are or at any time hereafter during the said term shall be erected builded or made in or upon the said premises or any part thereof in cutting pulling or breaking up of any of the said Ponds or Pond heaps which are now or at any time hereafter shall be made for the use of the said furnace forge or Hammmer Mill during the term aforesaid and the said F. and E. doe and the Heirs c. of them and either of them doth covenant and grant to with the said H. and M. their Executors c. that it shall and may be lawfull to and for the said H. and M. their Executors c. during the continuance of this present Lease to take upon the lands of the said F. and E. or either of them or the Heirs c. of them or either of them sufficient competent and necessary timber for the repayring making or amending of the said Furnace Covenant that if such persons shall judge the Iron works worth so much yearly besides the Rent aforesaid reasonable gains allowed and shall set down in writing that the Lessees shall pay so much that then they will pay the said sum besides the Rent Hammer Mill or Iron work or any other necessary buildings or edifices which shall be erected or built in or upon the premises for the necessary use or uses aforesaid And it is further covenanted concluded and agreed by and between the parties to these presents And the said H. and M. do and either of them doth by these presents for them and either of them their Executors c. Covenant and grant to and with the said F. and E. their Executors c. and every of them that if R. C. and R. L. of c. shall within c. next after the Feast of c. find cause to judge or shall think in their Consciences that the said Iron works shall be worth yearly the sum of c. and besides the yearly Rent before mentioned with reasonable gains to be allowed to the said H. and M. their Executors c. for their travell and the use of their stock in this behalf and they the said R. C. and R. L. thereupon do within the said c. conclude agree and set down in writing under their hands and Seals that the said H. and M. their Executors c. shall pay yearly during the residue of the years then to come the said sum of c. or any part thereof that then they the said H. and M. their Excecutors c. shall and will from thenceforth yearly satisfie and pay unto the said F. and E. over above and besides the yearly rent and payment before reserved the sum of c. Or so much thereof as the said R. L. and R. C. shall set down in writing under their Hands and Seals as aforesaid Covenant that the Lessors during c. will not alien the woods to any person but Lessees but to leave them for the Iron works Woods necessary to be imployed about the Mansion house of one of the Lessors excepted And it is also covenanted granted concluded and agreed by and between all and every the said parties and they the said F. and E. and either of them doth for them Covenant and grant to and with the said H. and M. their Executors c. and every of them that neither they the said F. and E. nor either of them nor the Heirs c. of them or either of them shall or will at at any time or times hereafter during the continuance of this present Lease sell grant convey or alien away any of the woods fit for the making Cord-wood standing growing or being within two miles of the said Iron-works or any of them to any person or persons other then to the said H. and M. their Executors c But shall leave the same woods to remain serve and be imployed in upon or for the use of the said Iron works woods necessary to be imployed in or upon the new Mansion house of the said F. only excepted And the said F. and E. doe and either of them doth for them and either of them The usual Covenant that the Lessors are seised in fee and have full power to demise the premises and for the Heirs c. of them and either of them Convenant promise and grant to and with the said H. and M. their and either of their Executors c. and every of them that they the said F. and E. are or one of them is lawfully seised in their demean as of Fee of all and singular the Lands Woods and Wood-grounds called H. C. and of the said streams and parcels of Land and ground where the said Furnace or Forge are situate and being and also of the said Furnace Forge and other buildings thereunto belonging or appertaining and before by these presents demised And that they the said F. and E. have or one of them hath good right full power and lawfull authority to demise let and grant all and singular the premises before mentioned to be demised letten or granted in manner and form aforesaid Here follows the usual Covenant of quiet and peaceable enjoyment of the things demised as also the Covenant of discharging or saving harmlesse the same from all former conveyances
Here follows the usual clause of power to enter upon the Land The usual Convenants and to distrain for the rent behind As also the clause of giving seisin of the rent And after that the clause or covenant that the grantor was seized in fee of a lawfull and indefeasible Estate of the land out of which c. and that he had full power in his own right to charge the said lands Then followeth the Covenant that the land shall be overt liable and sufficient to the distresse of c. And that the land is of the cleer yearly value of c. over and above all other charges and reprises And lastly the covenant of peaceable and quiet enjoyment of the said rent c. An Indenture to lead the use of a Feoffment made by a woman before Mariage to the use of her and him that shall be her Husband with a general Covenant that all assurances shall be to these uses THIS INDENTURE c. Between I. D. of c. Virgin of th' one part And I. S. of c. G. S. and I. B. of c. of th' other part Witnesseth That whereas there is a Mariage by the grace of God in short time to be had and solemnized between the said I. D. party to these presents on the one part And the said I. S. another of the parties to these presents on the other part it is covenanted granted condescended concluded and agreed upon by and between the said parties to these presents and every of them in manner and form following First the said I. D. doth for her self her Executors and Administrators covenant promise grant and agree to and with the said I. S. his Executors and Administrators that she the said I. D. shall and will before the c. espouse and take to Husband the said I. S. if he the said I. S. will thereunto agree and the Laws of God and holy Church will it permit and suffer And also the said I. S. doth for himself his Executors and Administrators covenant promise and grant to and with the said I. D. her Executors and Administrators that he the said I. S. shall and will before the said c. espouse and take to Wife the said I. D. if she the said I. will thereunto consent and agree and the Laws of God and holy Church will it permit and suffer And the said I. D. as well for and in consideration of the said Mariage so to be had and solemnized between the said I. S. and the said I. D. as aforesaid as also for the better establishing and settling of the lands and tenements c. And so use the like form in the precedent form in this Book and mention the parcels with the bounds and butts c. with the like Covenants as before And it is by these presents fully covenanted granted and agreed upon by and between the parties of these presents and every of them their Heirs and Assigner Covenant that all assurances shall be to these use and every of them that all and singular Fines Recoveries Feoffments alienations and all other conveyances and assurances whatsoever of the said premises with th' appurtenances and of every part and parcel thereof now made or at any time hereafter before the Feasts of c. next and immediatly ensuing the date of these presents to be made shall be and inure and are by these presents appointed limited and declaed to be and inure to the uses intents and purposes before by these presents limited and appointed and to none other use or uses intents or purposes whatsoever In witness whereof c. A Grant from her Majesty of the Wardships of the bodies of Coheirs THIS INDENTURE made between c. of the one part and T. R. of c. on the other part Witnesseth That c. with the advice of the Master and Councel is contented and pleased to grant and by these presents doth commit and grant unto the said T. R. the custody wardship and marriage of F. G. E. G. G. G. Daughters next Coheirs of G. G. Gent. deceased without disparagement Together with one annuity or yearly rent of c. to every of the said Coheirs to be limitted and appointed by the said Master and Councel out of certain Messuages c. in the County of K. being in the hands and possessions of c. by the minority of F. G. E. G. G. G. to be paid yearly to the said T. R. or his Assigns by the Feodary of the said County or by his lawfull Deputy for the time being for and towards the education and exhibition of the said Coheirs And whereas also there doth not appear at this time that every parcel of the inheritance of the said Coheirs upon the death of their said Father is come into the hands and possessions of c. nor certainty in every parcel of the inheritance of the said Coheirs what ought to be in his hands and possession because of such Dowers Feoffments and Wills as are declared in the same Therefore for that c. should not be deceived in that behalf but that he should have perfect knowledge and understanding of all such Mannor Lands tenements and hereditaments which be now descended or immediatly after the decease of any person or persons or after years finished or ended or any other last will performed or by any other ways or means shall descend revert remain or come to the Heirs in possession or reversion with the very best and uttermost true value of them and every of them by the year The said T. R. hath delivered a writing hereunto annexed in the which are contained and specified all such Mannors Messuages Lands and Tenements which be descended or shall hereaster come and descend unto the said Coheirs in possession or Reversion with the very best and uttermost true value of them and every of them by the year And the said T. R. Covenanteth and granteth for him his Excecutors and Assigns by these presents that one Auditor or Auditors or any other person or persons appointed or authorized by the said Master and Councel for the time being at the costs and charges of the said T. R. or his Assigns shall search view and value the truth of the same upon which search view and value if it can be proved that the said Manors c. or any of them which shall or ought to descend revert remain and come to the said Coheirs in possession or reversion as is aforesaid be omitted and left out in the same writing indented or else be found of more large and better yearly value than in the same yearly value is limited Then the said T. R. his Executors Administrators and Assigns shall content and pay unto c. or to his Heirs or Successors as much money as the overplus of the yearly value of the said Manors lands and other the premises so undervalued shall amount unto above the yearly value limitted in the
the disposing of his lands and ten devise and bequeath unto E.M. Son of him the said T.M. all those his lands tenements in R. aforesaid which were sometimes T.K. the Grandfather of him the said T. to have and to hold all the said Lands and Tenements with all and singular the appurtenances to the said E. M. and to his Heirs for ever when he should come to the age of c. and the said T.M. did by the same his last will Testament further will that if his said Son did fortune to die before he came to his said age of c. that then his said will and mind was that all those his said lands and tenements should remain unto them the above named G.M. and H.M. his Brothers parties to these presents to be had and held unto them the said G.H. their Heirs for ever as in the said last will and testament of him the said T. M. more plainly and at large it doth and may appear And whereas the said B.M. Son of the said T. is sithence the said time and before his said age of c. departed this life without Heirs of his Body By reason whereof they the said G. and H. have according to the said last will and testament of him the said T.M. entred into the said premises unto them devised as aforesaid and by vertue of the last will and testament now are and stand joyntly as Joyntenants seized thereof in their demesn as of Fee And whereas also they the said G. and H. are seised in fee as Coperceners in Gavelkind of other Messuages lands and tenements Now therefore unto the end and intent that a perfect partition may be had and made between them the said G.M. and H.M. of all and singular the said messuages lands tenements and hereditaments to them devised or descended as aforesaid and that every of them their and every of their Heirs Assigns may from henceforth severally have and enjoy in severalty without any impeachment or disturbance of the other of them his or their Heirs or Assigns his their part and portion of the said Messuages to them bequeathed or descended as aforesaid they the said G. M. and H. M. by their own mutual consent and agreement and by the mediation of certain friends indifferently elected and chosen between them have made partition and division and do by these presents for them their Heirs and Assigns make partition and divide the said Messuages c. to them bequeathed or descended as aforesaid in manner form as hereafter is mentioned that is to say first he the said G. M. shall have for his part and portion of the said messuages c. to them the said G. H. bequeathed or descended as aforesaid one messuage c. and other th' appurtenances together with one c. cont in the whole by estimation c. whether more or less sit c. To have and to hold the said Messuage and other the said premises with their appurtenances unto him the said G. M. his heirs and assigns for ever in severalty and divided from the part and portion of the said H. M. his heirs and assigns And the said H. M. shall have for his part and portion of the said Messuages c. to them the said G. H. bequeathed or descended as aforesaid these several Messuages c. following that is to say c. mentioning the particulars To have c. the said Messuages c. unto him the said H. M. his heirs and assigns in severalty and divided from the part and portion of the said G. M. as aforesaid And the said parties to these presents and either of them do for them and either of them their heirs Mutual Covenants of quiet peaceable enjoyment without disturbance c. executors and assigns Covenant and grant to and with either of thē their heirs executors and assigns that they and either of them their heirs and assigns shall and may quietly and peaceably have hold enjoy his their part and portion of the said premises by these presents unto either of them limited and appointed for his or their part and portion as aforesaid in severalty according unto the partition and divisiō aforesaid without any disturbance or impeachment of the other of them their heirs or assigns In witness c. A brief Deed of grant and assignment of certain goods chattels and debts with a Letter of Attorney therein contained TO all Persons to whom this present Deed poll shall come R W of c. sendeth greeting Whereas I. W. of C. aforesaid standeth bound together with me the said R. W. for divers Debts and sums of mony by me the said R. due and owing Know ye that I the said R. for the saving harmlesse of him the said I. W. from the said bonds and debts so far forth as these debts and chattels hereafter specified will extend amount unto have given granted bargained and sold and do by these presents for me mine executors and administrators give grant bargain and sell unto the said I. W. his executors administrators and assigns all such goods and chattels both real and personal as are mentioned expressed and conteined in a certain schedule hereunto annexed at such rates and prices as they are therein rated and prized at To have and to hold to him the said I. W. his executors and assigns for ever And further know ye that I the said R. W. for the consideration aforesaid do make constitute ordain and in my place and room put the said I. W. to be my irrevocable true and lawfull Attorney giving and granting unto the said I. W. full power and lawfull authority irrevocable for me and in my name and to the use of him the said I. W. his execut and assigns to ask take have receive and levy all and singular debts duties and demands due or owing unto me the said R.W. mentioned and conteined in the said Schedule hereunto annexed And that he the said I. W. his executors administrators and assigns or any of them shall or may from time to time and at all times hereafter in the name of me the faid R. W. my executors or administrators commence any action or actions sute or sutes plaint or plaints against any person or persons for any the said debts duties and other the premises and also Attorney Attorneys for me and in my name to make constitute revoke alter remove and change and the same sutes actions and plaints or any of them shall or may in the name of me the said R.W. my executors administrators or assigns at the costs and charges in the Law of him the said I.W. his executors administrators or assigns prosecute and follow until judgement and execution shall be thereupon had and made and all and singular such sum and sums of money as shall be so in the name of me the said R. received recovered had or levied he the said I. his execut admin and
the said R. H. his executors or administrators shall not or may not recover have the said sum or sums of mony in the said Obligation mentioned and execution or executions of the said judgement all and every such act and acts thing and things whatsoever as is wrought by these presents only excepted and foreprized And that he the said R. H. his executors c. nor either nor any of them Covenant nor to revoke nor by any other way or means to frustrate this letter of attorney no any thing therein contained shall or will at any time or times after the date of these presents revoke countermand disannul or make void or by any other way or means whatsoever make frustrate or adnihilate the said Letter of Attorney nor any liberty licence power authority or thing in these presents contained but shall and will from time to time and at all times hereafter justifie and allow uphold maintain and avow the same and every matter and thing therein contained or thereby covenanted or granted and all and every such sute and sutes execution and executions act and acts thing and things as the said P. M. his executors administrators or assigns shall and will at his and their proper costs and charges take commence prosecute and follow in the name of the said R. H. his exec or adm upon or by reason of the said Obligation In Witnesse whereof c. A Deed of Feoffment of Gavelkind lands by an Infant according to the Custom TO all Christian People to whom this present Writing shall come L.B. of S. in the County of K. Yeoman greeting c. Whereas T. B. Gent late of S. aforesaid deceased Father of me the aforesaid L. died seized in his demesn as of Fee or divers messuages lands tenements and hereditaments with the appurten in S. aforesaid elsewhere in the aforesaid County of K. which were in the tenure and nature of Gavelkind and which after the death of the aforesaid T. B. to one T. B. I. B. and me the aforesaid L. B. Sons and Heirs in Gavelkind of the aforesaid T. our Father by inheritance according to the custom of Gavelkind aforesaid Recital of a partition by Deed inden●pted before the Feoffment descended and ought to descend Of which said Messuage c. and other hereditaments with their appurtenances to us the aforesaid T. B. and me the aforesaid L B. Sons of I. B. aforesaid descended a division and partition between us was made by which division and partition of the Messuages c. in this my Writing indented hereafter mentioned and speci●ied to me the aforesaid L. were allowed assigned unto me for my part and purpart as by certain Indentures tripartite between the aforesaid T. B. the Sons on the one part and the aforesaid I. B. on the second part and me the aforesaid L. B. on the third part bearing date before the date of these presents more fully is manifested and appeareth And whereas also according to the custom of Gavelkind frō the time whereof the memory of man is not to the contrary hath been used and approved Recital of the Custom of Gavelkind whereby the Infant above the age of 15. may make a Feoffment that it should be lawfull for an Heir in Gavelkind when he shall attain to the age of 15 years to give sell the same lands and tenements at their wills Know ye now that I the aforesaid L. B. being of the age of 19 years and upwards according to the custom for and in consideration of the sum of c. of lawfull c. to me the aforesaid L. by I. H. of c. well and truly in hand paid have given granted and sold unto the aforesaid I. H. his heirs and Assigns one messuage or tenement with all the edifices c. sit c. and now or late in the tenure or occupation of c. And also all that my part and purpart of all and singular messuages c. whatsoever with their appurtenances which to me the aforesaid L. B. as Son and Coheir in Gavelkind to the aforesaid T. B. my Father descended or ought to descend situate or being in S. aforesaid or elsewhere in the aforesaid County of Kent To have and to hold the aforesaid Messuage or Tenement together with all and singular the premises with all and singular their appurtenances to the aforesaid I. H. his heirs assigns to the only proper use and behoof of him the said I. his heirs and assigns for ever To be holden of the chief Lord of the Fee thereof by the services for the same formerly due and of right accustomed In witnesse c. An Assignment of an Executorship with Covenants from the Assignee to save harmlesse c. the Assignor also a Grant of an Annuity This Indenture c. Between E. G. of c. and S. H. of c. Executors of the last Will and Testament of I. G. Gent. deceased of th' one part and T. R. of c. on the other part Witnesseth that whereas there have been divers sutes and controversies between the said E. G. and S. H. and the said T.R. as well about the Wardship of F E. and G G. Daughters and Coheirs of the said I. G. as also about the last Will and Testament of the said I. and about certain Legacies therein contained and by the same given and bequeathed unto Dame G. P. now the wife of I. P. Knight and late the Wife of the said I. G. And whereas also there is in the said last Will and Testament a certain clause and appointment for the giving of an accompt by them the said E. and S. This grant was made for the concluding of certain controversies which were betwixt the parties as appeareth by the ●ecital unto the said three Daughters of the said I. G. severally at their several ages of 16 years and unto the abovenamed T R. or unto one of them of the receipts of the rents issues and profits of the lands and tenements of the said I. as in and by the said Will Testament more plainly and at large it doth and may appear Now for a final ending and appeasing of all and singular the said sutes and controversies and for establishing of a perfect agreement between the said parties and to the end and intent that the said last Will and Testam of the said I. G. and his meaning therein declared may thereby the better be performed and fulfilled And also that the said accompt appointed by the last Will and Testament of the said I. to be by the said E. and S. as aforesaid made may be during the life of all the said parties given up and discharged and by means thereof and for and in respect that the debts and legacies of the said I. are at this present almost satisfied and that it may and will the better appear what sums of mony the said Daughters of the said I. will be co receive at
distresse and distresses of the said E.H. his heirs and asigns and that the said Manor and other the premises with th' appurtenances out of which the said Annuity or yearly rent is mentioned to be granted now be and from time to time and at all times hereafter shall continue remain and be of the cleer yearly value of c. over and above all charges and reprises whatsoever And that the said E.H. his heirs and assigns shall or lawfully may from time to time at all times peaceably quietly have perceive take and enjoy the said Annuity or yearly rent according to the purport of the said Deed. And further if the said Manor c. and all other the premises out of which the said annuity or annual rent is mentioned to be issuing at the time of th' ensealing and delivery of the said Deed be and so from time to time and at all times hereafter shall continue remain and be acquitted and discharged or else from time to time and at all times hereafter sufficiently saved harmlesse and indemnified of and from all and all manner of former bargains sales gifts grants alienations intails leases statutes judgements executions intrusions and all other interests titles charges and incumbrances whatsoever That then c. or else c. An Assignment of Dower by the Heir unto the Feme TO all persons c. T.S. of c. Son of T.S. late of H. aforesaid deceased sendeth greeting Whereas the said T.S. Father of me the said T. was during his life lawfully seised in his demean as of Fee and at the time of his death died so lawfully seised of and in divers lands and tenements of which M. late wife of the said T. and now wife of R.G. Citizen of London was at the time of his death indowable and thereof ought to have a full third part assigned limitted and appointed unto her for her Dower Now know ye that I the said T.S. in consideration and for the Dower of her the said M. have assigned limited and appointed and by these presents do assign limit and appoint unto the said R.G. and M. now his Wife Mother of me the said T.S. and late the Wife of the said T. for the Dower of her the said M. one piece and parcel of Land with the appurtenances commonly called and known by the name of V. containing in the whole by estimation c. whether more or lesse situate lying and being in c. and boundeth and butteth c. as the meets and bounds do divide and shew and are well known to have c. the said premises with the appurtenances unto the said R.G. and M. his Wife for the Dower of her the said M. for and during the natural life of M. for and in the name of the reasonable dower of her the said M. In Witnesse whereof c. A Deed poll of receipt of a sum of money accorcording to a Proviso contained in certain Indentures and an Acquittance thereof TO all Persons c. P.H. c. sendeth greeting Whereas in one Indenture made between R.G. of c. of the one part and E.H. of c. ● I. of c. R.S.P.H. and R.G. of c. of the other part and bearing date c. there was contained one proviso amongst other covenants clauses and agreements in these words following that is to say Provided always and upon condition of c. reciting the Pro●iso verbatim and then as followeth As in and by the said Indenture at large and plainly doth and may appear Now know ye that I the said P. H. have the day of the date of these presents and within the space of c. next ensuing after the decease of the said R.G. late of C. in the said proviso named had and received in the South porch of the Parish Church of B. aforesaid of the said R.G. of B. the just and full sum of c. for and towards the payment of the debts legacies and performance of the last Will and Testament of him the said R.G. of C. aforesaid according to the effect purport intent and true meaning of the said recited proviso in the said Indenture contained The receipt of which said sum of c. I the said P. H. do by these presents thereof and of every part thereof acquit and discharge the said R.G. his heir sexecutors and assigns by these presents In Witnesse whereof c. A Deed of Gift of Hay and Corn in Barns together with the Barns as also of Corn standing with the soyl whereupon c. and of goods in particular THis Indenture c. Between I. B of c. of the one part and R.L. of c. on the other part Witnesseth That whereas the said I.B. is and standeth debted unto the said R.L. in the sum of c. He the said I.B. for and upon the consideration aforesaid hath given granted bargained and sold and by these presnts doth give grant bargain and sell unto the said R.L. his executors administrators and assigns all and singular his Hay Wheat Barley and Oates Grant of the Hay and Corn and B●rns lying and being in any the Barns or Stacks of him the said I.B. in H. or B. or elsewhere in the said County of K. The which said premises do by estimation contain and amount unto the rates and quantities hereafter following that is to say the said Hay doth by estimation amount unto the quantity of 42 loads or thereabouts and so recite the residue And the said I.B. doth for the consideration aforesaid grant unto the said R.L. his executors and assigns the barns and rooms where the said premises do now lie and remain together with free liberty and also free ingresse egresse and regresse and passage in by over and through any the said lands and tenements now in the tenure and occupation of him the said I.B. and every or any part or parcel thereof as well to fetch take and carry away the said premises or any part thereof with Wayns Carts or otherwise at the will and pleasure of the said R.L. his executors and assigns As also to throw out or bestow the chaff straw or other things coming thereof in or upon such part of the said lands as is or shall be near adjoyning unto any of the said barns or places where the said premises lie remain at any time or times until the Feast day of c. next ensuing the date of these presents And the said I. B doth for the consideration aforesaid give grant bargain and sell unto the said R.L. his executors and assigns all and singular the Wheat and crop of wheat of him the said ● B. standing or growing in or upon any the lands now or late in his tenure or occupation in B. aforesaid Grant of the Corn growing together with the ground in the said County of K. containing in the whole 8 acres whether more or lesse together with the ground whereupon the same doth now stand
of the other part Witnesseth that for Consideration of a Marriage and in consideration of a Marriage of late had and solemnized between the said E M. and E his now Wife Daughter of the provisoes Articles and Agreements that passed and were made upon the conclusion of the same Marriage and for reducing of the same into Covenants and also for the more security for conveying and assuring of a competent Jointure to and for the said E. of the inheritance of the said W. and E M. to be and remaine to the severall uses intents and purposes hereafter and herein declared and for di●ers other good just lawfull and reasonable causes respect purposes and considerations the said parties hereunto especialy moving It is covenanted granted concluded confirmed condescended determined and agreed by and between the said Parties to these presents for themselves their heirs c. and to the effect and form following viz. First the said W. and E M. for themselves their heires A Covenant to make Estates c. do covenant grant and promise to and with the said E M. his heires c. by these presents That the said W. and E M. or either of them and their heirs and the heirs of either of them shall and will at all times hereafter and from time to time at and upon the reasonable request costs and charge in the Law of the said E M. his heires c. make seale deliver knowledge perform perfect and execute and cause and procure and suffer to be made c. unto such person and persons as by the said E M. his c. thereunto nominated and appointed all and every such Estate Fines Feoffments conveyances acts things devises and assurance in the Law as by the said E M. his heires c. or his or their learned Councell shall be devised orrequired for the assuring conveying passing and sure making of all and singular those messuages Lands Tenements and Hereditaments Habend for uses cumpertinentiis in c. To have and to hold the said Messuages c. unto the said Person or Persons to be named and appointed as aforesaid and his or their heires or assignes to the severall uses intents and purposes and upon with and under the provisoes and limitations hereafter in these presents expressed and declared and to none other use intent purpose Covonant to whose use it shall be limitation or meaning that is to say It is covenanted granted condescended concluded and agreed by between the said parties to these presents for themselves their heirs c. and it is their full meaning agreement purpose and intent That the said Estate Fines Feoffments conveyance and assurances for and touching c. shall be and the said person or persons to be named and appointed as afore aid and his or their heirs or assignes shall stand and be thereof seised to the use and behoof of c. That they are true owners and are seised in Fee c. And the said W M. and E M. for them their c. doe Covenant c. and either of them for and by himselfe his heires c. That they the said W M. and E M. and either them or one of them at the making and executing of the said conveyances and assurances are true lawfull and perfect Owner of the said messuages lands tenements and hereditaments cum pertinent is and are thereof lawfully seized in possession of an absolute Estate in Feesimple fee-Fee-taile or the one of them and are thereof seised in possession for term of his life with the immediate reversion or remainder thereof over to the other of an estate of Inheritance shall then have ful power right title authority to pass convey assure the premises cum pertinentiis to the uses according to the effect aforesaid And free from incumbrances And that they the said W M. E M. and either of them their heires c. shal and wil at al times hereafter acquit and discharge or otherwise from time to time upon reasonable notice and request fully and sufficiently save harmless aswell the said messuages c. as also such person or persons to whom any use or estate is before by these presents limited or appointed of for from touching and concerning all and all manner of bargains s●les guifts grants fines feoffements estates entailes recoveries executions limitations presente contingente and future uses statutes recognizances judgements rents charges troubles leases extents entrusions issues liveries forfeitures exceptions And that he the said E M. and E. his wife That they shal enjoy and the said E M. and his heirs and the said severall sons the heires of their severall bodies lawfully to be begotten and all and every other their heire and heires to whom any use or estate is by these presents before mentioned intended limited appointed or declared shall and may quietly and peaceably have hold occupy and enjoy the faid premises cum pertinentiis according to the uses and true meaning before declared and the assurances hereafter to be made and passed in that behalfe without any let sute vexation hinderance expulsion eviction interruption or trouble of the said W.M. or his heires or assignes or of any other person or persons lawfully claiming from by or under him or them or by his or their means assent commandements or procurement Exceptions And that the said W. and E M. nor either of them That he shall not doe any act to make void the Estates nor to disable him to sell shall not at any time or times hereafter make do attempt assent unto knowledge execute or willingly suffer any manner of estate conveyance assurance act thing matter or device whatsoever whereby or by reason whereof the uses and estates before declared or any of them for and touching the said Lands and Tenements or any part or parcell thereof shall and may be discontinued cut off debarred overthrown or made void or whereby the said E. or any of the said sons or any heire of any of their bodies lawfully begotten or the heire of the body of the said E M. upon the body of the said E. lawfully to be begotten or the said E M. or his heires shall or may by any means be defeated defrauded excluded or disinherited of the premises or any part or parcell thereof or of any use or estate hereby to him or any of them appointed limited or intended to be contained or mentioned in any of the said conveyances or assurances contrary to the true meaning of these presents or whereby or by reason whereof the said W M. and E M. or any of them shall or may in any sort or degree be disabled perfectly sufficiently and surely to make passe convey and assure the said Messuages Lands and Tenements or any part or parcell thereof according to the uses limitations and true meaning of and in these presents expressed and declared And the said W M. and E M. for them If
Article herein contayned c. And finaly the said I.R. doth Covenant For further assurances c. That he the said I.R. his c. from time to time and at all times hereafter upon the reasonable request cost and charges in the Law of the said R.W. his c shall and will doe knowledge seale deliver and excute all and every such further act and acts thing and things assurance and assurances whatsoever as shall be reasonably required and devised by the said R.W. his c. or by his or their Councel learned in the Law for the ratifying prosecuting and sure making of all and singular the Covenants grants clauses provisoes payments and agreements before in these presents expressed and declared which upon the part and behalfe of the said I.R. his c. are to be kept performed and accomplished according to the true intent purport and meaning of these presents In Witnesse c. Covenants of Marriage very necessary THis INDENTVRE made c. between R.L. of the one part and T.Y. L.Y. and R.C. of the other partie Witnesseth That whereas a Marriage is intended by the permission of God to be had and solemnized between the said R.L. and T.Y. it is therefore Covenanted granted concluded and condescended and fully agreed between the said Parties to these presents in consideration of the said Marriage in manner and forme following And first the said R.L. for himselfe doth Covenant promise and grant to and with the said T.Y. H.Y. and R.C. their c. and every of them by these presents That the said R.L. shall and will before the last day of May next ensuing the Date hereof lawfully Marry and take to his Wife the said T.Y. if the said T.Y. doe and will assent and agree thereunto and the Lawes of God and holy Church doe and will permit and the same suffer And the said T.Y. H.Y. and R.C. for them and every of them doe in like manner Covenant c. That she the said T.Y. shall and will c. as supra That R.L. shall stand seized of Lands to uses In consideration of which Marriage to be had and solemnized the said E. doth for him his c. by these presents Covenant and grant to and with the said T.Y. H.Y. and T.C. their c. That he the said R.L. his c. shall and will immediately after the solemnization of the said Marriage for evermore stand and be seized of and in one Messuage c. and of and in all other the Lands Tenements and Heriditaments whatsoever whereof the said R.L. now hath or at any time sithence the death of the said I.L. his late Father had any Estate of inheritance in possession within the said County of C. or elsewhere within the Realme of England descended to him by or from his said late Father and of and in all and singular the rents reversions commodities and profits with the appurtenances to the said Messuages and other the premises or to any part or parcel thereof in any wise belonging or appertaining to the use and uses purposes and intents hereafter in these presents mentioned limited and expressed and to none other purpose or intent That is to wit First To whose use he shall stand seized to the use and behoof of the said R.L. for and during the terme of his natural life without impeachment of any manner of waste And after his decease to the use of the said T.Y. for and during the terme of her natural life for and in the name of her Joyntture if she shall happen to survive and outlive the said R.L. and from and after the decease of the Survivor of them the said R. and T. to the use and behoof of the Heires of the said R. by and upon the body of the said T.Y. lawfully to be begotten And for default of such issue then to the use of the right Heire of the said R.L. for ever For further Assurances And the said R.L. for him his c. doth Covenant c. That he the said R.L. his c. shall and will at all times and from time to time hereafter during the space of c. next after the said marriage had and solemnized as aforesaid doe acknowledge and suffer to be done knowledged and executed at his or their proper costs and charges upon lawful and reasonable request to him or them to be made by the said T.Y.H.Y. and R.C. or any of them their or any of their c. all and every thing and things device and devices whatsoever for the further assurance sure making and conveying of the premises and every part and parcell thereof to the uses purposes and intents before in these presents limited mentioned and declared and to none other use intent or purpose as by the said T.Y.H.Y. and R.C. their or any of their learned Councel shall be reasonably devised or advised That the said Messuages c. are free from incombrances And that the said Messuages Lands Tenements and Hereditaments and all other the premises with the appurtenances in these presents before mentioned at the Day of the solemnizing of the said marriage and at all times afterwards shall be and continue free clearly acquitted and discharged or otherwise sufficiently saved harmlesse by the said R.L. his c. of and from all manner of former bargaines sales Joyntures Dowers statutes-Merchants and of the staple recognizances bonds deeds obligatory judgements executions intrusions fines for alienations fees annuities rents and arrearages of rents leases Estate and Estates in taile and of and from all other charges titles and incombrances whatsoever heretofore had made done committed knowledge or suffered by the said R.L. or by any other person or persons by his meanes or procurement The rents and services of old time due and accustomed to be paid to the chief Lord and Lords of the fee and fees thereof and hereafter to become due and payable for the same and out of the lease of c. only excepted and foreprized And further the said R.L. doth Covenant c. If R.L. buy any Lands it shall be to the use of him and T.Y. his Wife c. that if the said R.L. or any other person or persons to his use and behoof shall at any time hereafter happen to purchase any Lands Tenements or Hereditaments of any person or persons whatsoever during the life of the said T.Y. That then the said R.L. shall cause and procure all such Lands Tenements and Hereditaments which shall so fortune to be sufficiently conveyed procured and assured to the use of the said R.L. and of the sayd T.Y. for and during their two natural lives and the life of the longest Liver and Survivor of them And after their decease to the use and behoof of the Heires of the body of the said R.L. by and upon the body of the said T.Y. lawfully to be begotten And for default of such issue then to the use and behoof of him the
singular the said Messuages Lands Tenements and Hereditaments with the appurtenances of for from touching and concerning all and all manner of bargains sales gifts grants Joyntures fines dowers recoveries feoffments estates tails limitations uses leases morgage rents-charge stature merchants and of the staple judgments recognizances intrusions conditions entries troubles titles and incumbrances whatsoever at any time heretofore had made done committed acknowledged grown executed occasioned caused or willingly or wittingly suffered or hereafter to be made c. by the said E P and T P or either of them or any other person or persons by their or any of their assent means authority title or procurement the rent and services hereafter to grow due to the chief Lord or Lords of the fee of the premeises and the Title of Dower or estate in Joynture of the said E now wife of the said E D in and to the premises and all Leases heretofore made by the said E for 21 years or under now in being whereupon the now rents and services paid or answered for the same or more are reserved and shall be yearly due and payable during the same term and terms of the said Lease and Leases and all estates conveyances grants leases and assurances to be made by and according to the true meaning of these presents and such condition and title as the I. L. and his heirs have to redeem the premisses by him as aforesaid conveyed and assured unto the said E.P. and such Lease as the said E P hath heretofore made and passed unto IC an expresse Tenant of and upon the Tenement c. for and during the term of c. whereupon there is reserved and shall be payable during the continuance of the same Lease then also only excepted And whereas the said E P is possessed for divers years yet enduring of and in the tythes and portion of c. in c. of and in c. Now the said E P and T P do grant c. that the same E P and T P. and either of them and the Executors and Administrators of either of them shall and will at all times hereafter and from time to time at and upon the reasonable request costs and charges in the Law of the said E G his c. make c. unto such person or persons c of in and upon the said tythes leases for years and interest and the Indentures and writings thereof To have and to hold the same Tythes leases terms interest and the Indentures and writings unto the said person or persons c their c. to the intent use trust and confidence that the said person or persons c. and his or their c. shall suffer and permit the said E P during his life to have hold occupy and enjoy the said tythes and leases and receive the rents issues and profits thereof and to the intent use trust and confidence that the said person or persons to be named and appointed as aforesaid and his or their heirs c. shall and will permit and suffer the said M from and after the decease of E P for and during her life to have hold occupy possesse and enjoy the tythes and portion of tythes of c. and to the intent use trust and confidence that the said person or persons c. shall from and after the decease of the said E P permit and suffer the said T P and the heirs of his body upon the body of the said M lawfully to be begotten And for default of such issue c. to have hold occupy and enjoy the said rest and residue of the tythes farms and leases together also with the said tythes and protion of her from and after the decease of the said E P and M G to take and receive the rents issues and profits thereof during the rest and residue of the termes and pears of the said several leases without fraud and covin And the said E P and T P for them c. That they the said E P and T P their c. or one of them shal wil at all times hereafter acquit discharge or otherwise upon reasonable notice and request fully and sufficiently release the said tythes farms leases interests of for touching and concerning all and all manner bargains c. whatsoever had made done acknowledged caused procured occasioned willingly or wittingly suffered or hereafter to be had c. by the said E P and T P or either of them or any other by their or any of their means assent commandment authority or procurement The rents duties grants and covennants contained in the said several leases only excepted and foreprized And that the said M and the heirs of the body of the said T P upon her body lawfully to be begotten shall or may have c. the said tythes c. according to the intent and true meaning of these presents without any let suit c. of nay person or persons that lawfully claim the premises or any part or parcel thereof from by or under the said E P and T P or either of them or after or by reason of any forfeiture committed or willingly suffered by them or either of them except such interruption suit or troubles as shall be made done or committed by the said person or persons to be named and appointed as aforefaid or his or their c. or any of them In witness c. An Indenture of Use for the cutting off Lands entailed in the right of the Wife making the same to the use of her Husband for ever THis INDENTVRE made c. between c. Witnesseth A Covenant to suffer a Recovery That it is covenanted granted condescended and a greed between the said parties by these presents That they the said R F and M on this side and before the Feast of c. shall suffer the said I S and C R in due form of Law to recover against the said K and M and their heirs and the heirs of them and either of them in the Court of Hastings of L. holden in the Guild hall of the same City according to the custom of the same City the Mayor and Sheriffs of the same City aforesaid two Messuages c. with all and singular shops c. by the name of c. set lying and being c. and to have and take execution thereof accordingly And it is further covenanted That the Recovery shall be to the use of R. F. c. and the said R C. and I S for them c. That immediately from and after the Judgment and execution had of the same recovery as wel the said R C and F S and their heirs shal stand and be seized of the premises as also of the same Recovery in form aforesaid to be had and sued for the two Messuages shall be to the use and behoof only of aforesaid R F and of his Heirs and Assigns for ever and to no
Administrators or Assignes at one whole and intire payment as well the said sum of Six hundred pounds of c. and the said sum or Rent of 60 l. and nomine poenae or so much thereof as shall be then due and all the arrearages of the same yearly Rent of 60 l. if any shall be then due to the said Sir I.M. Sir E.C. and M.W. their Heires or Assignes unpaid that then and immediately from and after the said payments so due and truly answered and paid according to the true intent and meaning of these presents This present grant bargain and sale shall cease and be utterly void and of none effect any thing in these presents contained to the contrary notwithstanding And that the said Sir I.M. Sir E.C. Covenant That the said Sir I.M. Sir E.C. and M.W. and their Heirs from and after the payment of 600 l. principal money and 60 l. yearly Rent and the arrearages thereof as before in these presents is mentioned shall stand and be seized of the said Manour of Wenden with all the premises before mentioned to the onely proper use of the said Sir W.W. and of his Heires for ever and M.W. their Heires or Assignes from and after the payment of the said sum of 600 l. and the said yearly Rent of 60 l. and the arrearages thereof in manner and form as before is mentioned shall stand and be seized of the said Manour of Wenden alias W. with all other the Premises before mentioned to be granted bargained and sold for and to the onely proper use and behoof of him the said Sir W.W. and of his Heires and Assignes for ever and to no other use uses or intents ¶ In witnesse whereof the Parties c. ¶ A Deed of Covenant to lead the use of a Fine Feoffement or Recovery c. with speciall Covenants therein contained THis INDENTVRE made the c. Betweene Sir J.C. the elder of C. in the County of C. Knight and Sir J.C. the younger Son and Heire apparent of the said Sir J.C. the elder and Dame A.C. Wife of the said Sir J.C. the younger of the one part And Andrew Huddleston of F. in the County of L. Gent. of the other part Witnesseth That the said Sir J.C. the elder For the consideration of 4470 l. and Sir J.C. the younger and Dame A. his Wife and every of them for divers good causes and considerations them and every of them thereunto moving and especially for and in consideration of the summe of 4470 l. of good and lawfull money of England 600 l. whereof is in hand well and truely satisfied and paid by the said A.H. unto the said Sir J.C. the younger before the ensealing and delivery of these presents of which said summe of 600 l. the said Sir J.C. the younger doth acknowledge the receipt by these presents and of the same summe of 600 l. hath and doth hereby exonerate acquit and discharge the said A.H. his Heires Executors and Assignes by these presents and the residue of the said summe of 4470 l. amounting to the summe of 387 l. of like lawfull money of England is agreed to be well and truely satisfied contented and paid by the said Andrew Hunddleston his Heires Executors Administrators or Assignes or some of them unto the said Sir J.C. the younger his Executors or Administrators or some of them in manner and forme following that is to wit in or upon the tenth day of December now next and immediately following after the day of the date of these presents Severall times limited for the payment of part of the consideration-money the summe of 400 l. of good and lawfull Money of England and in or upon the first day of June next ensuing after the day of the date of these presents the summe of 1700 l. of like lawfull money of England and in or upon the first day of November next ensuing the day of the date of these presents the summe of 177 l. of like good and lawfull money of England residue being the last payment of the said whole summe of 4470 l. agreed upon as aforesaid and all every the said severall mentioned payments and every of them to be had and made as aforesaid in manner and forme aforesaid at or in the common receipt of the Royall Exchange London between the houres of ten of the Clocke in the morning Covenant to levy a Fine suffer a Recovery or make a Feoffement c. before such a day and foure of the Clock in the afternoone of every of the said severall dayes of payment thereof before mentioned for themselves and every of them their and every of their Heires Executors and Administrators and every of them do Covenant and grant to and with the said A.H. his Heires Executors Administrators and Assignes and every of them by these presents That they the said Sir Jo. C. the elder and Sir Jo. C. the younger and the said Dame A.C. Wife of the said Sir Jo. C. the younger and Heires of the said Sir Jo. Cuts the elder and Sir Jo. Cuts the younger and every of them shall and will on this side and before the Feast day of Saint Andrew the Apostle next ensuing after the day of these presents at and upon the reasonable request or requests costs and charges in the Law of the said A.H. his Heires Executors Administrators of Assignes or any of them by Fine of Fines with Proclamations in due form of Law to belevied Feoffement or Feoffements Recovery or Recoveries with Voucher or Vouchers over or by any such good and sufficient meanes conveyance or assurance in the Law whatsoever as by the said A.H. his Heires Executors Administrators or Assignes or any of them or their or any of their Councell learned in the Law shall be in that behalfe lawfully and reasonably devised or advised convey and assure or cause to be conveyed and assured unto Humphrey D. of G. in the County of M. Esquire and T.E. of B. in the County of E. Gent. and their Heires and Assignes for ever All that and those the Manour Lordship and Borough of Tha●t●ed all that those the Manours of Hoham S. Fee and Coldam● Fie and the Parke called Lorham Parke scituate lying and being in the County of Essex with their and every of their appurtenances and all and singular the Messuages Houses Edifices Buildings Parkes Gardens Orchards Lands Tenements Meadowes Pastures Woods Under-woods Commons Waies Waters Fishings Knights Fees Advowsons of Churches Chauntries Chappels Warrens Courts Courts leet view of Francke-pledge Liberties Waifes Strayes Heriots Rents-charge Rents-secke Reversions Services Wastes Custome Liberties Franchises Profits Commodities Royalties Hereditaments and Emoluments whatsoever with the appurtenances to the said Manour Lordship and Borough of T. and unto the said Manours of H. S. Fee and C. Fee and to the said Parke called H. Parke and to every or any of them or to any part or parcel thereof or of every or any of them now
belonging or in any wise appertaining or at any time within the space of foure yeares last past being occupied taken had knowne or reputed as part parcel or member of or as appertaining to the said Manour Lordship and Borough of T. and of and to the said Manour of H.S. Fee and C. Fee and the Parke called H. Park and every or any of them with their and every of their appurtenances and all other the now Manours Messuages Cotages Lands Tenements Rent-charges Rents Reversions Services and Hereditaments whatsoever with the appurtenances of the said Sir Jo. C. the elder and Sir Jo. C. the younger and Dame Anne his Wife or either or any of them scituate lying issuing growing renewing or being within the Fields Parishes Townes or Hamlets of T. H. C C. c. and every or any of them in the said County of Essex and the Reversion and Reversions Remainder and Remainders of all and singular the said Manours Messuages Lands Tenements and Premises and every of them and of every part thereof with the appurtenances And also all and singular Deeds As also to deliver the Deeds and Writings by a day Evidences Escripts Minuments and Writings whatsoever touching and concerning onely the said Hereditaments and Premises or onely any part thereof All and every which said Deeds Evidences Escripts Minuments and Writings aforesaid or such or so many of them as now are or be in the hands custody or possession of the said Sir Io. C. the elder and the said Sir Io. C. the younger or either of them or of any other Person or Persons whatsoever by their or either of their delivery or to their or either of their use or uses or which they or either of them can or may obtain come by or get without suit of Law As also true Copies of such as concerne the Lands to be conveyed And also true Copies of all such Deeds Evidences Escripts Minuments and Writings whatsoever as do touch or concern the said Manours Messuages Lands Tenements and Premises or any of them or any part thereof together with any other Messuages Lands and Hereditaments and which now are or be in the hands custody or possession of the said Sir Io. C. the elder and Sir Io. Cuts the younger or either of them or any other Person or Persons by their or either of their delivery or to their or either of their use or uses and which they or either of them can or may obtain come by or get without suit in Law as aforesaid and the same Copies to be copied had and made at and upon the proper costs and charges of the said Andrew H. his Heirs Executors Administrators or Assignes or some of them They the said Sir Io. C. the elder and Sir Io. C. the younger and either of them for themselves and either of them their and either of their Heires Executors and Administrators and every of them do Covenant and grant to and with the said Andrew Huddl●ston his Heires Executors Administrators and Assigns and every of them by these presents to deliver or cause to be delivered unto the said A. H. his Heires or Assignes or some of them on this side and before the Feast day of Saint George next ensuing after the day of the Date of these presents at and upon their or any of their request or requests thereof whole safe uncancelled and not defaced to have and to hold the said Manours Lordships Habendum to the said H. D. and T. H. and their Heires for ever to and for the uses intents and purposes and upon the provisoes Conditions and agreements hereafter mentioned and Borough Parke Messuages Lands Tenements and Hereditaments aforesaid and all other the Premises aforesaid and every of them and every part thereof with the appurtenances unto the said H. D. and Tho. E. their Heires and Assignes for ever to and for the uses behoofs intents and purposes and under and upon the provisoes Conditions and agreements hereafter herein following and to no other use intent or purpose That is to wit to the use and behoofe of the said Andrew Huddleston his Heires and Assignes for ever under and upon neverthelesse the Proviso or condition and agreements herein hereafter mentioned or contained and to no other use intent or purpose whatsoever And the said Sir Jo. C. the Elder Covenant for peaceable enjoyment and Sir Jo. C. the Younger and either of them for themselves and either of them their and either of their Heires Executors and Administrators and every of them do Covenant and grant to and with the said A.H. his Heires Executors Administrators and Assignes and every of them by these presents That he the said A. H. his Heirs and Assigns and every of them under and upon neverthelesse the Proviso or Condition and agreements before mentioned and hereafter in these presents contained or specified shall or may from time to time and at all times for ever hereafter peaceably and quietly have hold occupy and enjoy all and singular the said Manours Messuages Burrough Park Lands Tenements and Hereditaments and all other the premises and every of them and every part thereof with the appurtenances without the let suit trouble molestation disturbance interruption or eviction of the said Sir Jo. C. the Elder Sir Jo. C. the Younger and Dame A. Wife of the said Sir Jo. C. the Younger or any of them And without any laws fuller suit trouble molestation disturbance interruption or eviction of the Heire● or Assignes of the said Sir Jo. C. the Elder and Sir Jo. C. the Younger or either or any of them And further also that the said Manours and Lordships To free from incumbrances Burrough Park Messuages Lands Tenements and Hereditaments and all other the premises and every of them and every part thereof with the appurtenances now are and be● and so at all times for ever hereafter shall or may remain continue and be unto the said A.H. his Heires and Assignes for ever in manner and form aforesaid free clear and clearly acquitted exonerated and discharged or otherwise within convenient time next after reasonable request in that behalf made well and sufficiently saved or kept harmlesse of for from and concerning all and every former and other bargains sales gifts grants leases estates Joyntures Dowers titles of Dowers Statutes Recognizances Judgments executions condemnations and of for from and concerning all and every other charges titles troubles and incumbrances whatsoever hereto fore committed had made knowledged levied wittingly and willingly suffered or executed or hereafter to be committed had made done knowledged levied wittingly or willingly suffered and executed by the said Sir Io. C. the elder and Sir Io. Cuits the younger and Dame A. his Wife or any of them their or any of their Assignee or Assignees or by the Heirs or Assigns of the said Sir Io. C. the elder and Sir Io. C. the younger or of either or any of them or by any Person or Persons whatsoever
in the premises hath ful power and authority to bargaine and sell the same unto c. inform aforesaid And also the said Sir I M. Knight Covenant that the lands are of such a value covenanteth and granteth for him and his heires to and with the said c. by these presents That the same Prebend Lorship Mannor lands tenements and other the premises now be of the yearly value of thirty three pounds or thereabouts c. A Lease of a Prebend THis Indenture made c. between I S Esquire of c. in the County of Sussex on the one part and F E. Esquire on the other part Witnesseth that the said I S. hath demised granted and to form set and let and by these presents demiseth granteth and to farme setteth and letteth unto the said F E his heires executors and assignes all that his prebend or s●ite of Colivorth aforesaid with all rents services lands leases and pastures to the said prebend s●ite or farm belonging or appertaining and all fines herriots wards marriages reliefes mu●tures estates and tythes perquisites of Courts amer●iaments escheates Courts Court-Barons emoluments waters pischiaries fishings and all other Royalties commodities profits advantages liberties freedomes and easements whatsoever they be now or at any time hereafter to the said prebend s●ite or Farm of C. aforesaid belonging or in any wise appertaining To have and to hold the said Prebend scite or farm of C. aforesaid with all and singular their appurtenances thereunto belonging as is afore particularly and severally rehearsed and declared to the said F E. his heires executors assigns from the Feast of the Anun●iation of our Lady next comming after the date hereof to the end term of fourscore years from thence next and immediately following fully to be compleat and ended yielding and paying therefore yearely unto the said I S. and to his successors during the term aforesaid 18 l. of lawfull money of England at two times in the yeare● that is to say at the Feast of the anunciation of our Lad and St Michaell the Ar●hangell by even portions And if it fortune the said yearly rent of 18 l. or any part or parcell thereof Covenant that it shal be lawfull for lesser to enter into the premises and distraine for the rent behind and the distresse to deteine till he be satisfied of the rent to be behind and unpaid to the said I S. or his successors at any time or times during the term aforesaid by the space of 40 days next after either of the said Feasts of paiment at which it ought to be paid the same being lawfully asked required and demanded that then it shall be lawfull for the said I S. and his successors during the terme aforesaid into the said prebend scite or farm of C. aforesaid and into every part and member of the same to enter and distraine and the distresse so there taken by the said I S. or his successors during the teme aforesaid to lead carry and drive away and then to withhold untill the said yearly rent of 18 l. with the arrearages of the same so behind if any be be to the said I S. and his successors during the terme aforesaid fully satisfied Proviso that the Lessor shal keep the premises necessarily repaired at his own cost during the terme contented and payd Provided alwaies that the said I S. and his successors during the term aforesaid shall sustein uphold maintain and keep the said Prebend s●ire or farm and all other edifices and buildings thereunto belonging in all manner of necessary reparations upon his or their own cost and charges so oft as it be needfull during the term aforesaid In witnesse whereof c. This Lease is confirmed both by c. and his c. A Condition of an Obligation to make a Release THe Condition of this Obligation is such that whereas the above bounden L P. and F. his wife have by their Indenture of covenant bearing date with these presents together with E O. widdow and G C. Yeoman and E his wife A O. S O. and M O. covenanted and agreed to levy and acknowledge unto the above named A W. and his heires or to such person or persons as the said A W. his executors or assigns shall nominate or appoint one fine in due form of law of and concerning one capitall messuage c. with their appurtenances conteining by estimation c. lying c. and now in the possession of the said E O. or her assigns unto the only use and behoofe of the said A W. his heires and assigns and of 7 other messuages c. with the appurtenances lying c. to the use and behoofe of the said E O. and her assigns for and during her naturall life and after her decease then to the only use and behoof of the said A W. his heirs and assignes with this proviso or upon condition therein conteined that he pay certaine sums of money as by the said Indenture more at large appeareth If therefore the said A W. his heirs and assignes shall and may for ever hereafter quietly and peaceably have hold occupy possesse and enjoy the said capitall messuage c. with their appurtenances now in the possession of the said E O. or her assignes of and from all charges troubles and incumbrances whatsoever had made or done by the said L P. and F. his wife and the survivor of them and the heirs and assignes of them shall at such times as the said A W. his heirs or assignes shall pay unto them or any of them the sum of mony to them limited to be paid by and according to the tenor and effect of the proviso in the said Indenture conteined seale and deliver one sufficient release or discharge in writing testifying the receipt of the said monies the said release of discharge being then made and tendred unto them by the said AW his heires or assignes and if that ever after the paiment of the said mony to the said L P. and F. his wife and either of them And also if he the said L P. and F. his wife or either of them their executors or assignes according to the purport and effect of the said proviso he the said A W. his heires and assignes shall and may quietly and peaceably have hold occupy possesse and enjoy the said other seven messuages c. with their appurtenances discharged of and rom all charges troubles and incumbrances whatsoever had made or done by the said L P. and F. his wife or the survivor of them or the heirs or assigns of either of them That then c. Or else c. An Indenture of Covenants upon Marriage with extraordinary Covenants therein contained THis Indenture made c. between W M. of c. and E M. of c. of the one part and E M. of c