the husband in tail Remainder to another in Fee and the husband doth suffer a Common Recovery In this case it was held That this was no barre to the Issue in tail for any part for there are no moieties between them And there where the husband alone suffers the Recovery there is no lawful Tenant to the Praecipe and so the Recovery is no barr Co. 3.5 Marquess of Winchester's Case 8. In 25 H. 8. it was held That if my Tenant for life vouch a stranger who doth enter into the Warranty and cannot barre the Demandant and the Demandant doth recover and the Tenant over in value That the Land recovered in Value shall not go to me in Reversion after the death of Tenant for life nor shall the Reversion of the Land recovered in Value be in me in the life of the Tenant for life Broo. Cases Sect. 70. 9. In 30 H. 8. it was held That where there was Tenant for life a remainder in taile or for life and the Tenant for life is impleaded and doth vouch him in remainder who doth vouch one that hath a title of Formedon so the Recovery pass by Voucher then the issue of him that hath a title of Formedon may bring his Formedon and recover against the Tenant for life for the recompence shall not go to the Tenant for life and therefore he may recover for his Ancestor war ranted the remainder only and not the Estate of the Tenant for life and therefore the Tenant for life may not bind him by the Recovery for he did not warrant to him and therefore in this case the sure way is to make the Tenant for life to pray in ayd of him in remainder and they to joyn and vouch him that hath the title of Formedon and so to pass the Recovery for the recompence shall go to them both Broo. Case 143. In the last place we come to the Statutes concerning this Point an abstract whereof followes Stat. 7 H. 8. chap. 4. That Recoverors of Lands Tenements and Advowsons their Heirs and Assigns may distrain for Rents Services and Customs due and unpaid and make avowry and justifie the same and have like remedy for recovering them as the Recoverors might have done or had albeit the Recoverors were never seised thereof and shall have also a Quare Impedit for an Advowson if upon avoidance any disturbance be made by a stranger as the Recoverors might have had albeit the Recoverors were never seised thereof by Presentation And here Avery Avowant or Bayliff in any Replegiari or Second Deliverance if their Avowry Conusance or Justification be found for them or the Plaintiff be otherwise barred shall recover his damages and costs Stat. 21 H. 8. chap. 15. That a Termor for years may falsifie a feigned Recovery had against him in the Reversion and shall retain and enjoy his term against the Recoveror his heirs and assigns according to his Lease Also that the Recoveror shall have like remedy against the Termor his Executors or Assigns by Avowry or Action of Debt for the Rents and Services reserved upon such Lease and due after such Recovery and also like Action for wast done after such Recovery as the Lessor might have had if such Recovery had never been and no Stature-Merchant Staple or Execution by Elegit shall be avoided by such feigned Recovery but such Tenant shall also have like remedy to falsifie such Recoveries as is here Provided for the Lessee for years Stat. 34 35 H. 8. chap. 20. That no feigned Recovery hereafter to be had by assent of parties against any Tenant or Tenants in tayl of any Lands Tenements or Hereditaments whereof the reversion or remainder at the time of such Recovery had shall be in the King shall bind or conclude the Heires in tayle whether any condition or Voucher be had in any such fained recovery or not but that after the death of every such Tenant in tayle against whom such recovery shall be bad the Heirs in tayle may enter hold and enjoy the Lands Tenements and Hereditaments so recovered according to the forme of the gift in tayle the said recovery notwithstanding And here the Heirs of every such Tenant in tayle against whom any such recovery shall be had shall take no advantage for any recompence in value against the Voucher or his Heirs But this Act shall not extend to prejudice the Lessee or Lessces of any such Tenant in tayle made in writing indented of any Mannors Lands c. for 21 years or 3 lives or under whereupon the accustomed Rent or Rents is or shall be yearly reserved during the same Term or Terms but the same Lessee or Lessees shall enjoy his or their Terme or Termes according to the Stat. of 32 H. 8. chap. 28. This Act nowtithstanding Stat. 14 Eliz. chap. 4. That all Recoveries had or prosecuted by agreement of the Parties or by Covin against Tenants by the courtesy Tenants in tayle after possibility of issue extinct Tenant for Life or Lives or of estates determinable upon Life or Lives or of any Lands Tenements or Hereditaments whereof such particular Tenant is so seised or against any other with Voucher over of any such particular Tenant or of any having right or title to any such particular Estate shall from henceforth as against the revertioners of them in Remainder and against their Heirs and Successors be clearly voide But this Act is not to prejudice any persons that shall by good title recover any Lands c. without fraud by reason of any former right or title Also every such Recovery had by the assent and agreement of the person in revertion or remainder appearing of record in any of the Queens Courts shall be good against the party so assenting But this assent must appear upon the same record either upon a Voucher ayd prier receit or the like and not by any extrajudicial entry or memorandum Co. upon Lit. 362. Stat. 14 Eliz. chap. 8. Every fraudulent Recovery against any Tenant for Life or whereupon any Tenant for life or be that hath right to Estate for life is vouched shall be void against him in the revertion or in the remainder unless it be by his own assent appearing by record Recoveries in a writ of right bind all strangers not clayming within the years as being suffered by a Disseisor it bindeth the Disseisor by his own Non-claym 5 E. 3.50 Tenant for Life suffering a wrongful Recovery it shall prejudice his right that hath the inheritance though he prayed in ayde and make default 34 H. 6.2 For no ayde prayer is there necessary in as much as the other being Tenant of the Freehold a Recovery is good against him 4 H. 7.3 But that after the death of Tenant for Life he may falsifie it by action of ad terminum qui praeteriit or writ of Right which we call falsifying of Recoveries 24 H. 8. Br. fan rec 41. But he cannot enter neither can Lessee for years
at the common Law falfifie 26 H. 8.2 for having but a Chattel derived out of a freehold there is no reason he should falfifie a Recovery which draweth the Fees simple out of the Lessor Also the present Estate upon which the Lease depends being destroyed the Lease must needs be extinct Of Bargaine and Sale by Deed. A Bargain and Sale is a real contract upon valuable considerations for the passing of Lands Tenements or Hereditaments by Deed indented and inrolled within six moneths after the date of it without Livery of seisin or Atturnment of Tenants so as be by Deed indented sealed and inrolled either in the County where the Land lyes or within one of the Kings Courts of Record at Westm within six moneths after the date as we said before Plowd 307. Co. 2 part Inst 672. Concerning which I will give only a few Generals 1. That if one for money grant a Rent without any word of Bargaine and Sale and the Deed be inrolled the Rent will pass without atturnment Cro. 3. part 166. 2. That Lands in London bargained and sold by Tenant in tayle and the Deed delivered after the same year he made Livery to him the Lands pass by the bargain and Sale Yelverton 123 124. 3. That as the very words Bargaine and Sale are not needful to make some Land pass by way of Bargain and Sale where there is an inrolment So inrolment is not necessary in all cases As where a reversion is granted for years only there neither inrolment not atturnment are necessary Cook 8.93 Foxes Case 4. That the makers of the Act 27 H. 8. chap. 10. did not expect that any Land after that Act should pass by way of Limitation of use save only uses upon Bargain and Sale which they did in the same Parliament allow after inrolment And they did presume that little Land would pass that way for that the Bargaine being in the Post might not vouch by force of any warranty annexed to the Estate of the Land Co. 1.120 in Chudleighs Case 5. That to make a good Estate for years by way of Bargain and Sale for Land to pass this may be without inrolment of the Deed But to make a good Estate of the Freehold or Inheritance of Land by way of Bargain and Sale it must have the Requisites of a Deed. viz. 6. It must be by Writing and not by Print or Stamp in Parchment not in Paper nor upon Lead Wood or the like Co. 5.20 2 part Inst 672. 7. That by the Common Law Land might have passed by word for the use only past but now it must be by Deed save only in some Cities Villages and ancient Burroughs where it passeth by Custome Dyer 229. 8. That if a Father in consideration of 10 l. paid to him by his Son doth covenant to stand seised to his use no use will arise without Inrollment Coo. 7.40 9. That the Inrollment upon such a Deed so as to make the Estate to pass must be in Parchment Co. 2. Part Inst 673. 10. The inrolled Deed must be indented for if it be by Deed-Poll the Estate will not pass Dyer 229. The Six moneths given for Inrollment are to be accounted 1. From the date and not from the time of the delivery of the Deed and from the date and from the day of the date is all one 2. After the account of 28 dayes to the moneth and no more 3. The day of the date to be taken exclusive Moors Rep. 40. Case 128. and yet if it be inrolled the same day it bears date it is good If it chance which is very seldome that it have no date then the day of the delivery shall be taken for the date and the six moneths to be cast from thence Mich. 37 38 Eliz. Franklin and Garter's Gase Co. 2. part Inst 674. And if the Deed be not thus inrolled it is of no force at all Co. 5.1 Dyer 218. Co. 11.48 Moors Rep. 41. Case 148. This kind of assurance by Bargain and Sale thus perfected by Inrollment will as effectually transfer the Land as any other Conveyance and therefore the Bargainee of a Reversion albeit he may not have benefit of a Condition upon demands of Rent without giving notice of the bargain and sale to the Lessee and albeit that A. the Conusee by a Fine of a Reversion before Attornment of the Tenant bargain and sell the Reversion to B and that in this case B. cannot distrain for his Rent until he can get Attornment of the Tenant yet the Bargainee shall have benefit of a Condition of an Assignee within 32. H. 8. And it seems he may vouch by force of a warranty annexed to the estate of the Land for he is in partly in the Per and partly in the Post Co. 8.94 3.62 5.113 I will Illustrate this Point only with three or four Cases and then give you Presidents Case 1. Winchcombe having Issue two Sons conveyed a Mannor unto his eldest son and to the daughter of Dunce for life for the Joynture of the wife the Remainder to the son in Fee the son having no Issue his Father in Law Dunce procured him by Deed indented to Bargain and sell to him the Mannor the Bargainor being sick who dyed before Inrollment of the Deed within the six moneths the Deed not being acknowledged and afterwards the Deed coming to be inrolled the Clerk who inrolled it procured a Warrant from the Master of the Rolls who writ upon the Deed Let the Deed be inrolled upon Affidavit made of the delivery of the Deed by one of the witnesses to the same and afterwards 〈…〉 was inrolled within the six moneths And the Opinion of the Court was That the Conveyance was a good Conveyance in Law And therefore the younger Brother exhibited his Bill in Chancery pretending the Conveyance to be made by practice without any consideration Winchcombe and Dunce Hill 13 Jac. in Canc ' Godb. Case 376. 2. Popham's Case 5 Eliz. If a man bargain and sell to one and after to another the first Deed is inrolled and after the second and that the last day of the six moneths accounting the day of the date for none yet it was held by the Court That the first Bargainee should have it sic vide from the Date which are the words of the Statute are of the same sense as from the day of the date and that twenty eight dayes make a moneth Dyer 218. Moores Rep. 40. Case 128. 3. Chibbornes Case Lands in London may be bargained and sold by words without Indenture or Inrollment Dyer 228. 4. In Trin. 41 Eliz. Fisher against Smith it was held by the Court. That a bargain and sale of Lands by Deed indented and inrolled for divers good considerations is not good to pass the Land without proof of money paid which must be averred But if the Deed say for a competent sum of money neither party may urge there was none paid albeit it be uncertain Moor. Rep.
Defendant avowing for damage Feasant the Plaintiff justifieth by reason of Common of Pasture Stat. Marlb cap. 21. The Sheriff may replevin Beasts not onely without but within a Liberty also if the Bayliff of the Liberty will not Stat. Westm 2. cap. 2. The Sheriff or Bayliff shall take Pledges of the Plaintiff not onely de prosequendo before they make deliverance of the Beasts but of returning the Beasts if a return be adjudged he that taketh pledge otherwise shall answer the price of the Beasts Upon a Return awarded to the Defendant the Writ de Returno habendo shall have this Clause That the Sheriff shall not deliver them without Writ wherein mention shall be made of the Judgement And thereupon the Plaintiff if he will may have a judicial Writ to the Sheriff to deliver him the Beasts Upon a Return awarded after which if a Return another time be awarded there shall be no more Replevins And if upon his default a second time or otherwise the Defendant be adjudged to have a New Return the Distress shall remain irreplegiable Stat. 1 2 Phil. Ma. cap. 12. Every Sheriff of a Shire being no City shall at his first County day or within two moneths after the receit of his Patent proclaim in the Shire Town four Deputies at the least dwelling not past Twelve miles one from another which in his name shall make Replevins as the Sheriff might do himself This is all thought fit at the present to be Added to make this Book Compleat wherein you not onely find the Choycest Presidents in their kinds but the Nature and Use of them according to the Common Law or as bounded by Statutes And withall given a short Touch upon Distresses and Replevins with the Statutes relating thereto FINIS The Table A INdenture of Annuity 1 118 159 450 571 Assignment of a Lease in trust 10 138 176 Atturney Letter of Atturney 33 144 147.199 200 Another 34 146 148 149 201 203 204 319 341 Award the form thereof 34 172 584 587 Assignment of two several Obligations 52 Assignment of two Apprentices c. 53 Assignment of a Lease of Partition c. 57 Assignment of a wharf-stocke c. with a general Release c. 61 Assignment of a Lease c. with an Execution 62 67 134 491 Assignment with a Proviso 96 Assignment of Lands taken upon extent 98 Apprentiship Indenture thereof 119 Assignment of a moyety of a house goods c. 136 Assignment of an Annuity 140 175 Apprentice discharge of him 144 Arbitrement condition of a bond thereof 153 160 Apprentice covenant for his truth 153 Annuity released 330. Atturney Letters of Atturney several kindes thereof 342 343 344 345 346 347 369 386 Assignment letter of Atturney of several bonds 381 Answer in Chancery beginning end thereof 425 Title of a Second answer c. 427 Affidavit that a Defendant cannot answer without sight of writings 429 Administrators account the form thereof 430 Answer in Chancery to a bill there-exhibit 431 Articles of agreement form thereof 439 454 561 Acquittance for purchase money 501 Attornment of tenants indorsing thereof ibid. Assignments of several Leases with good Covenants 536 Articles for buildings 557 Articles to Surrender Copyhold lands c. 565 Assignment of a bond for collaterall Security 570 Articles to hold Coyhold lands from year to years c. 574 Allotment of several parcels of Land an Indenture to that purpose 632 Atturney Letter of atturney Irrevocable with covenant c. 650 Another of another kind 651 Of a mans Estate in generall 652 Of severall Sums of money 653 Assignment of certain debts 654 B BIll of Sale 17 170 Bond assignment thereof 41 Bargayne and Sale of a Mannor with necessary Covenants 102 120 Bargayn and Sale of a house in London 130 Bill of Debt 163 489 654 Bill obligatory 164 Bargaine and Sale of houshold-stuffe and others 170 171 Bargaine and Sale of trees 208 Bargaine and Sale absolute of a house Land 214 607 609 Brewers Clarke a condition for him 225 Bargaine and Sale of woods 320 618 619 Burgess to serve in Parl. Indenture 357 Bills in Chancery Several formes thereof 420 433 Bill of Revivor 424 Bargaine and Sale deed to revoke it 442 Bargaine and Sale for collaterall Security 483 Bargaine and Sale upon Surrender of a Lease 511 Bargaine and Sale in trust 523 A plain Bargaine and Sale to be enrolled 556 Bargaine and Sale from the mortgages and mortgager to another before time of redemption 593 Bargaine and Sale conditionall to Feoffees in trust 599 Bargaine Sale of Swan and Swan-mark 617 C Condition to pay a Summe of Money at two payments c. 32 179 Condition to make Free an Apprentice 33 Condition to pay Money in 14 dayes c. 56 160 Condition to yay Money to Children at their several Ages according to a Will c. 59 60 Condition to pay Rent quarterly c. 87 158 188 192 332 549 Covenant to deliver possession or a deed 95 185 300 Contract of matrimony revoked 97 Charter-party for a ships voyage 100 395 Conveyance in Fee of a house and land c. 125 Copyhold Covenant to Surrender it 151 156 199 332 Covenant for further assurance 151 154 158 Covenant that he is lawfully seized c. 152 Covenant not to cut down or Sell trees c. 152 Condition of a Bond of Arbitrement 153 160 Condition to find one dyet by the year 155 Condition to save a tenant harmless for payment of rent the title being in controversy 155 547 Condition to discharge Churchwardens of a child c. 156 Condition for quiet enjoyment c. 157 187 188 327 Condition to Save harmless c. 161 183 190 193 196 197 198 Condition to pay money upon a nonsuit 162 Condition to perform Covenants 162 180 298 Condition to deliver Hay or Oats at a day 179 Condition to stand to an Award c. 180 Condition not to demise or alien without consent 181 Condition to justifie actions c. 182 Condition to pay money yearly c. 183 185 Condition to seal an Indenture by a day 184 Condition to assign a Lease c. by a day 186 302 Condition not to do any act to prejudice the estate of the Obligee in a Lease c. 187 Condition from a husband to secure childrens estates 189 Condition for an hired Servants truth 191 Condition to pay money at the end of an Apprentiship 194 Condition to repay money upon dislike c. 195 Condition to build a house or Farm ibid. 299 Conveyance of Land upon marriage 218 Condition that Land is free from incumbrances 224 Condition for a Brewers Clerk 225 Covenant to seal a new Lease and the Lessee in the interim to enjoy 236 Covenant to pay the Sheriff for an Arrest 238 Covenants between Partners at the dissolution of their Partnership 238 Conveyance from tenant in tayle to Baron and Feme and the heirs of the Baron for ever
RElease of Lands mortgaged 18 Revocation Deed to revoke uses 30. 166 Recognizance assignment thereof 24 Release general 27 143 164 457 489 Release from one that hath lost a deed 27 46 Release of fines and Forfeitures to the King 28 Release or resignation of a trust 29 Release of an annuity 42 628 Release of Dower 45 Revocation of a pretended contract of matrimony 97 Rent reserved grant thereof 117 Release of Lands upon performance of Articles 124 165 502 Recovery Covenants to pass a Recovery c. 133 207 266 Release by one used in trust 141 Revocation of a Suit 142 Release of Errors 144 Release upon receit of a legacy 164 351 Recovery deeds of Settlement thereupon 250 254 260 Release of a Proviso 319 320 321 Release of a Recognisance 340 Release of an extent Bond c. 350 Release between Purchasors 359 Rejoynder the form thereof 428 Replication the form thereof 429 Release to a purchaser 445 Release confirmation 453 Release from an Executor 456 Redemise of Lands mortgaged 466 Release of Land in exchange 589 Release where 3 have Estate of inheritance 622 Release of a conditionall assignment 623 Release of a Mannor 624 Release of rent reserved 626 Release of a condition c. 627 629 S SAle A bill of Sale 17 Scavenger and Raker Indenture between them for cleansing the streets 31 Sale of the moiety of a Rent reserved by Lease 88 Surrender of a Lease for lives c. 142 Suit revocation thereof 142 503 Surrender of Copyhold lands by way of Mortgage 173 Settlement by fine and Recovery of lands to raise money to pay debts and childrens portions 280 Sale of goods by the Sheriff bayliff 359 Sheriff discharge to him 388 Statute assignment thereof 418 Sub-poena affidavit of Serving thereof 428 Stewardship of a Mannor grant thereof 458 644 Surrender acknowledgment of what estate was granted and how 492 Settlement Indenture thereof well penned 541 Swans and Swan-marke Bargain and Sâ—le of it 617 Survivorship Indenture to avoid it 636 637 T TYthes a Lease thereof 43 Transport of Goods in a ship 232 Tripartite deed of Lands c. in trust till a joynture made 273 Testimonial of a house and good burnt 358 Trust declaration thereof 375 444 461 496 500 Tenant poynts of law between Lord and tenant c. 393 Trust acknowledgment thereof 408 409 Tayle estate tayl barred by Indenture 463 V USe deed to lead the use of a fine 107 Uses declared by deed with good covenants 278 378 487 Uses revoked by deeds c. 397 W WIll the form thereof 46 The preamble of the same 179 Warrant of Atturney to confess a judgement 206 349 Warrants to acknowledg Satisfaction 206 352 Warrants of Atturney in general 349 352 Warrant of a Master in Chancery upon a Reference 428 Warrant to keep a Court 503 Warrant for a Buck and Doe 646 The Table to the Fourth Part. A. Audita Querela the Nature of it where it lyes and for what 723 724 725 Where returnable 725 B. BArgain and Sale definition thereof 694 Rules concerning the same 695 Time for Inrollment 696 Presidents thereof 698 C. COncords of Fines Presidents thereof 662 663 Cases concerning Fines 670 Cases concerning Recoveries 688 Cases concerning Bargain and Sale 696 Cases concerning Execution in its several kinds c. 705 Cases concerning Statutes and Recognisances 718 D. DEpheasance the Nature of it 722 Rules concerning the same ibid. Distresses and Replevin what they are where they lye for whom and what 726 727 E. EXemplification of a Fine 664 665 Executions the several sorts thereof 703 What is lyable thereto et è contra 714 Escape what shall be so judged 726 F. FIne definition thereof 661 Proceedings therein 661 662 Foot of a Fine 667 I. INdenture of Covenant for a Recovery to be suffered 682 Another declaring the Uses of a Recovery already suffered 683 Judgment and the Execution thereof 700 How a Judgment shall be executed 701 P. PResident of a Lease to make a Tenant to the Praecipe 677 Proviso for Revocation of Uses 684 Presidents of Bargain and Sale 698 R. REcovery definition thereof with the Formalities and Efficient causes 675 Proceedings therein ibid. President thereof in the Hustings London with double Voucher 678 Revocations of Uses according to former Indentures c. 686 Replevin the nature of it and for what it lyes 728 Statutes concerning it 728 729 S. STatutes relating to Fines c. 673 Statutes relating to Recoveries c. 692 Statutes concerning Judgments and their execution 702 Sheriff his Duty in doing Execution 705 Statutes concerning the same 709 Statute or Recognisance the nature thereof 710 711 Forms thereof ibid. et 712 Where a person shall be contributory thereto 726 Rules concerning the same 713 Proceedings thereon 715 Sureties how to be proceeded against 718 Statutes relating to Recognisances c. 719 720 Statutes concerning Distresses and Replevins 727 V. USe of a Fine Indenture to â—ead it in several Forms and Cases 668 684 Uses how they may be declared and when and by whom 669 670 Uses declared upon Revocation 688 W. WArrant of Atturney and Ded. Pot. the form thereof 677 678 What requisite thereto 678 FINIS
And further and all and every such other act and acts thing and things assurance and assurances conveyance and conveyances in the Law whatsoever for the better more perfect sure and absolute conveying and assuring of all and singular the said Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and all other the premisses with the appurtenances by the said recited Indenture mentioned or intended to be granted bargained and sold unto the said R. L. and G. L. their heirs and assigns for ever absolutely without any manner of Condition Mortgage or Redemption be it by fine or fines feoffment Recovery or Recoveries with single or double voucher or vouchers deed or deeds enrolled or not enrolled the enrollment of these presents release confirmation or by all or any of them or otherwise by any other lawful and reasonable act and devise with wartanty of him the said R. M. and his Heirs against all men or otherwise without warranty if it be so required as shall be reasonably devised or advised by the learned Council of the said R. L. and G. L. their heirs or assigns or some or one of them And it is covenanted granted concluded and agreed by and between all the said Parties to these presents That T. and W. P. by Writ of Entry For passing of a Recovery Sur disseism en le post to be by them sued forth at the costs and charges of the said R. L. and G. L. out of the High-Court of Chancery and to be returned into the Court of Common-Pleas at Westminster before the Justices there against them the said R. L. and G. L. then in possession of the said Premisses shall recover the said Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and other the Premisses mentioned meant or intended in or by the said recited Indenture to be bargained and sold with their rights members and appurtenances in due form of Law against the said R. L. and G. L. then being Tenants of the said Premisses with the appurtenances by some name and names in the said Writ and Recovery to be contained and upon the said Writ and proceeding thereupon the said R L. and G. L. after appearance shall vouch over to warrant the said R. M. and that the said R. M. shall thereunto appear and vouch over to warrant the Common vouchee and that each of them the said R. L. and G. L. and the said R. M. shall do and suffer all and whatsoever to them and either of them in that behalf shall belong and appertain for the suffering a good and perfect Recovery of all the said Mannors Lordships Lands Tenements and other the Premisses mentioned in the said Indenture to be thereby given granted bargained and sold unto the said R. L. and G. L. according to the course of Common Recoveries and Assurances of Lands in such Cases used and that the said Recovery shall in due form of law be executed by the Writ of Habere facias seisin accordingly And it is by these presents likewise fully concluded agreed and declared by and between all the Parties unto these presents To lead the use of the Recovery That the said Recovery and all other Recoveries whatsoever had made knowledged levied executed or suffered or to be had made knowledged executed or suffered of the Premisses or of any parcel thereof by or betwixt the said Parties or any of them and the full force and execution of the same and every of them shall be and enure and shall be had taken confirued esteemed and adjudged to be and to enure to the only uses provisoes conditions and limitations before herein mentioned according to the true intent and meaning of the said Indenture and of these presents and to no other use behoof intent or purpose whatsoever And it is further covenanted conditioned concluded and fully agreed by and between the said Parties to these presents For payment of a further sum of money for the absolute purchase of the land mortgaged and the true intent and meaning of the said Parties to these presents is and the said R. L. and G. L. do covenant c. That if the said R. M his Heirs Executors Administrators or Assigns or any of them do not pay or cause to be paid unto the said R. L. and G. L. their Executors Administrators or Assigns nor to any of them the said Sum of 800 l. c. at the day and places of payment thereof above mentioned but shall make default of payment thereof or of any part or parcel thereof according to the true meaning of the said Proviso or condition whereby or by reason whereof the premisses and every parcel thereof shall become absolute to the said R. L. and G. L. their heirs and assigns according to the true intent and plain meaning of these presents that then they the said R. L. and G. L. their Heirs Executors Administrators or Assigns or some of them shall and will pay or cause to be paid unto the said R. M. his Heirs Executors Administrators or Assigns at or c. the full sum of c. in manner and form following that is to say on the c. day of c. the sum of 120 l. and within one whole year next ensuing the day of the death of the said R. M. the Father the sum of 100 l. at the end of one other whole year then next following one other 100 l. and at the end of one other whole year also then next ensuing one other 100 l. in full satisfaction of and for the clear and absolute purchase of the said Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and of all and singular other the premisses in the said Indenture mentioned to be thereby given granted bargained and sold and of every part and parcel thereof with the appurtenances In witness c. Covenants for surrendring of Copy-hold Lands And the said D. S. for the consideration before in these presents expressed doth further covenant promise and grant for her self For making a Surrender her Heirs Executors and Administrators and for every of them to and with the said J. P. his Heirs and Assigns by these presents That she the said Dame S. S. or her Heirs shall and will on this side and before the Feast of c. at the charges in the Law of the said J. P. his Heirs or Assigns make and suffer or cause to be made and suffered a good and sufficient Surrender in Law to the use of the said J. P. his heirs and assigns for ever according to the custome of the Mannor of C. of one Field or Close of Pasture c. And so recite the Land verbatim for every part and parcel thereof with the appurtenances being parcels of the said Mannor of C. and which late were the Copy-hold inheritance of T. C. deceased according to the custome of the said Mannor And the said Dame S. doth covenant c. That the said
this That a Deed to lead the use of a fine may be either by an Instrument Poll or Indented and the Indented may be either single of two parts of three parts called Tripartite or four parts called Quadripartite or of more parts as the case is thus This Indenture c. between A. of the one part and B. of the second part Or Tripartite as This Indenture c. between A. of the first part B. of the second and D. of the third part Or Quadripartite between A. of the first part C. of the second part E. of the third part and G. of the fourth part and so to name all the persons except the common Vouchee that bear any part in the Deed Fine or Recovery And so in all other matters as the case is the Indentures are to be drawn up In the last place I will cite Six or Seven Cases in this Point and so go on to the next head 1. In 31 H. 8. Nota That a Fine being enrolled in London doth bind as a Fine at Common Law but not as a fine with Proclamations and there needs no Livery of Seisin upon the Deed and this is a Discontinuance without Livery for that by the custome there this bindeth as a fine and the Customes are confirmed by divers Acts of Parliament Litt. Broo. Case 155. 2. In Pasche 2 Jac. B. R. in the Case of the Countess of Rutland against the Earl of Rutland It was held upon Evidence to a Jury and to them delivered by the Court for Law That if there be an Indenture for levying of a Fine to such persons before such a time to such uses and the fine be levied to the same persons within the same time it shall be to the same uses And no Averment can be to the contrary unless it be by other matter in writing But if a fine be levied to other persons or at another time it may be well averred by Paroll to be to other uses For in the first case the Indenture is directory to the fine and in the other case it is but Evidence Cro. 2.29 3. If a Woman who is an inheritrix covenants by Indenture without the knowledg or consent of the husband to levy a Fine to certain Conusees and Uses in the Indenture mentioned and afterwards the Husband covenants by another Indenture without the knowledg and consent of his wife to levy a fine to other Conusees and Uses in that Indenture mentioned and afterwards the husband and wife joyn in a fine to the Conusees in the Indenture of the wife mentioned In this case the Limitations and Declarations of both the Uses in both the Indentures are void and the Fine shall be by construction of Law to the use of the woman and her heirs as if no use had been declared for the wife alone though she be Owner of the Land yet being sub Potestate Viri cannot limit the use on the one side And the husband who hath not any thing in his own right cannot without the good liking of the wise limit the use of the Wives Land So the one is not sui Juris and hath an Estate The other is sui Juris and hath not the Estate and therefore when they differ in the limitation of the Uses all which they do must be void 4. Tenant for life by Fine granted totum statum to A. and his heirs the Grantee dyes the heir being impleaded in a Praecipe prayed ayd and could not have it because it is but an Occupance Co. 10.95 Dyer 321. 5. In the Case of Iseham and Morris Pasch 4 Car. 1. It was Resolved among other things That where one is Lessee for years and assigns over his Lease in trust for himself and afterwards purchases the Inheritance and occupies the Land and then levies a a Fine with Proclamations and the Lessee doth not claim the Lease within the five years this Fine and Non-claim shall barre the interest of the Lessee though he who levied the Fine hath the possession by reason of the Trust But this Trust is included in the fine and the Trustee not making claim his Interest is barred thereby Cro. 1.78 6. Nota. It was agreed by all the Justices and by the Prothonotaries That if the Disseisor levy a Fine and the Disseisee in the preservation of his right against the said fine enter his Claim in the Record of the foot of the fine that the same is not any such claim as shall avoid the Stat. of 4 H. 7. See for this the Lord Zouches Case in Plowd Com. Mich. 29 Eliz. in C. B. 7. In Hill 45 Eliz. B. R. Fitz-Williams Case in Ejectione Firmâ— it was found That Fitzwilliams did suffer a Recovery to the use of himself and his wife with a Remainder to John Fitz-Williams and with a Proviso in these words Provided That it shall be lawful for him and his wife by their Joynt Deed sealed before three Credible witnesses to alter change revoke determine and make void any use or uses Estate or Estates limited in the said Deed and to limit new uses and that from thenceforth the Recovery shall be to the new uses And it was found moreover that Fitz Williams made a Deed and by it declared That it was their intent to alter change determine revoke or avoid all the former uses to J. F. and thereupon without more words limit new Uses In this Case it was doubted If the old Uses were well revoked and the new uses in being And after many Arguments it was adjudged a good Revocation of the old Uses and a good limitation of new uses Moors Rep. 683. And it seems the like Law is of the Uses of a Fine 8. A Fine was levied to A. to the use of A. for life the Remainder to E. in tail the Remainder in fee to B Provided That if B. pay 100 l. that he shall have Tail in fee expectant In this case upon the payment the use shall arise accordingly Dyer 314. 9. If there be Tenant for life the Remainder in see to an Infant and they both levy a Fine and after the fine is reversed as to the Infant yet the Conusee shall have the Land for the life of the Tenant for life because that each of them gave that which he might lawfully give Englishes Case Co. 1. Part 76. in Bredons Case I will in the last place give you the Statutes concerning Fines The first of which is 27 H. 1. Stat. 1. cap. 1. De finibus levatis Exception against a Fine that the Plaintiffs or Defendants or their Ancestors were alwayes seised of the Lands contained in the fine shall not from henceforth be admitted in the Parties to the fine or their heirs The Fines shall two dayes in the Week be publikely and solemnly read and all Pleas cease in the mean time 34 Ed. 3. cap. 18. The Plea of Non-claym of Fines from henceforth to be levied shall not be any barre Marlb 1. cap. 7. All Fines
Covenant and be returned before it 5. If a Writ of Covenant be brought against the Tenant and a Writ of Entry against the Demandant then the Writ of Covenant must bear date and be returned before the Writ of Entry and this is called the double Voucher 6. That all Writs of Entry must be signed by the Kings Attorney before they be sealed and Fines to the King are to be paid upon them as upon Writs of Covenant The Warrant of Attorney by the Clerk of the Warrants and the Writ of Entry Summons and Seisin are to be returned and filed with the Custos Brevium and the Judgment to be entred by the Prothonorary 7. That in a Recovery with a double Voucher the fine must be sued first to make him Tenant to the Writ of Entry brought either by right or wrong for every Writ of Entry must be brought alwayes against him that is Tenant of the Freehold of the Land demanded at the time of the Writ brought he must be at least Tenant for life or a Disseisor of the Land whereof the Recovery is had for the Estate of the Tenant in tail which is vouched is barted in respect of the Assets onely which are or may be recovered in value end of execution sued by the Tenant against him Plow 11. Dyer 252. And if the Tenant have but an Estate for life or in Dower or by Curtesie in these cases to have a good Recovery such Tenant is â—o make a conditional Surrender of his Estate to him in Reversion or â—â—mainder that he may be a perfect Tenant to the Inheritance and then to bring a Writ of Entry against him and after the Recovery is executed the particular Tenant for breach of the Condition may enter and enjoy his Estate notwithstanding such Surrender A President for a Lease to make a Tenant to the Praecipe THis Indenture made c. Between A. B. of c. of the one part and C. D. of c. of the other part Witnesseth That whereas the said A. B. doth hold one Messuage c. in D. in the County of M. the immediate Reversion or Remainder whereof doth belong to the said C. D. and his heirs or to the heirs of his body lawfully begotten for ever Now the said A. B. for the making and perfecting of some assurance shortly to be made of the same Messuage c. by way of common Recovery Hath Granted and Surrendred and by these presents Doth Grant and Surrender unto the said C. D. and his heirs upon the condition herein after mentioned all that the said Messuage c. and all the estate right title and interest of the said A. B. therein To have and to hold to the said C.D. and his heirs upon condition That if the said C.D. do not pay or cause to be paid to the said A. B. the Sum of 1000 l. of lawful English money upon the first day of December next comeing after the date hereof That then and from thenceforth this Grant and Surrender shall be utterly void and it shall be lawfull for the said A. B. into the same Messuage c. to re-enter and the same to repossess and enjoy as in his former Estate In witness c. As to the Warrant of Attorney and Dedimus Poâ—estatem take this First That in the suffering of Recoveries the Tenants and Vouchees do most commonly appear in person But if they cannot or will not then they may make an Atturney And in that case there must be a Conusance for a Warrant of Atturney taken to authorize the Atturneys and a Dedimus Potestatem to some to take it in this manner Lond. ss Praec A. B. et C. uxor ejus quod juste c. redd D. E. Manerium de M. cum pertin c. quae clamâ—ee â—us et haered suam et in quae tidem A. B. non habent ingress nisi post disseâ—â—nam quam H. H. injuste et sine judicio secit praefat D infra 30 annâ—s jam ultim clapsos c. â—t dic c. Lond. ss A. B. et C. po lo. suo W. W. et R. R. Attornat suos conjunctim divisim versus D.E. de placito terrae Lond. ss M. M. Gen. quem A.B. et C. vocant ad warrant po lo. suo I. I. et L. L. Attornat suos conjunctim et divisim versus D. E. de placito terrae Lond. ss G. W. Gen. Quem M. M. voc inde ad warrant po lo. suo R. G. R. S. Attornat suos conjunctim divisim versus D. E. de placieo terrae Secondly That in these cases there must be two Atturneys at the least and to give them an authority joyntly and severally that if one of them dye before the Recovery be suffered the other may have power to do it And in the Counties Palatine it is usuall to put one Atturney and one of the Justices Clerks Thirdly When this is done the Recoveries may be suffered by the Atturneys without the personal appearance of the parties and such Recovery is good only it will require a longer time to perfect it for in this case there must go forth a Summoneas ad warran which must have Nine Returns ere it can be perfected Fourthly The Recovery thus suffered by the parties in person or by their Attorneys the same must be entred by one of the Clerks of the Court of Common Pleas upon the Rolls of the same Court there to remain upon Record The Forms of Recoveries suffered in the Common Pleas Court or elsewhere are well known to Clerks there Practising However I will give you one excellent President of a Recovery suffered in the Court of the Hustings at London and likewise the forms of Indentures to limit and declare the Uses of Recoveries A President of a Recovery suffered in the Hustings Court London with double Voucher PLacita terrae tent in Hustingo in Guyhald ' Lond ' die Lunae proxime post festum sancti Johannis ante Portam Latinam Anno Regni nostri Jacobi dei gratia Angl ' Scot ' Franc ' Hibern ' Regis Pidei Defensor c. viz. Angl ' Franc ' Hibern ' 18. et Scotiae 53. Ad hunc Hustingum ven hic in propria persona sua D.W. et protulit hic in Cur. brev dicti domini Regis nunc de Recto Paten Majori Vicecomiti London directâ— in haec verba scilicet Jacobus Dei gratia Angl ' Scot ' Franc ' et Hibern ' Rex Fidei Defensor c. Majori et Vice-Com Lond. salutem Praecipimus vobis quod sine dilatione plenum rectum teneatis D. W. de 12 Mess 2 Gardinis et 5 Curtilagiis cum pertin in London quae clamat tenere de Nobis per liberum servitium unius denarii per annum pro omni servitio Quae R. V. ei deforc ne amplius inde clam audiamus pro defeâ—n Recti Teste Meipso apud Westm 4 die Maii Anno regni nostri Angl '
of Joane a new right or title in the tayl descendeth to the said Richard and after his death to the said Thomas his Brother the Demandant Benloes Rep. 30 31. 2. In 29 H. 8. A Recovery was had against Tenant in taile and he dyed before execution And by the better Opinion the Issue is not remitted neither shall he falsifie because of the Recovery in value upon the Voucher Dyer 35. 3. In the Case of Hunt and Gateley Pasch 23 Eliz. in C.B. the case was That he in Remainder granted a Rent out of the Land after the Tenant in tail suffered a Common Recovery and dyed without Issue And it was Resolved by all the Judges of England That Leases for years Conusance of a Statute Grant of a Rent and all other Incumbrances by him in remainder are avoided by the common Recovery that the Tenant in tail shall suffer of the Land Moores Rep. Case 298. Capell's Case 23 Eliz. Co. 1. fo 62. 4. In Trin. 12 Eliz. 290. A Recovery was suffered by Husband and Wife of Tenements in London which by the Custome of London binds as a Fine at Common Law which was to the use of the Recoverors c. untill they made a Lease for 40 years and then to the use of the husband and wife and the heirs of the wife The Lease was made and then the husband dyed In this case the Court held that the wife should be concluded and should not avoid this Lease but shall hold under the Recovery so as the Lease precedes her Estate But Quaere what remady she shall have for the Rent which was reserved before her Estate by the use was created Dyer 290. See Co. 2. Part 57. Beckwiths Case 5. Replevin for the taking of three Cowes apud Rowdham the Defendant justifies for damage Feasant as in Freehold the Pâ—aintiff traverses the Freehold and thereupon being at Issue a specia Verdict was found Where the Case appeared to be One William Brown Father to the Defendant being seised of this Land in Fee having Issue the Defendant his Son and Heir Thomas Brown his second son and Richard a third by his Will in writing devised this Land to Thomas his son and his Heirs for ever paying to his brother Richard 20 l. at his age of 21 years And if Thomas dyed without Issue living William his Brother That then William his Brother should have those Lands to him and his heirs and assigns for ever paying the said Summe as Thomas should have paid Thomas enters and suffers a common Recovery with a single voucher to the use of himself and his heirs and afterwards deviseth it to the wise of Edward Pells the Plaintiff and her heirs and dyes with out Issue living the said William Brown who entred upon Edw. Pells and took the Distress Et si c. This Case was twice argued at the Barre and afterwards at the Bench and the matter was divided into three Points 1. Whether Thomas had an Estate in Fee or in Fee tayl only 2. Admitting he had a Fee Whether this limitation of the Fee to William be good to limit a Fee upon a Fee 3. If Thomas hath a Fee and William only a possibility to have a Fee Whether this Recovery shall barr William or that it be such an Estate as cannot be extirpated by Recovery or otherwise To the third Point Dodderidge held That this Recovery should barr William for he had but a possibility to have a Fee and as it were a contingent Estate which is destroyed by this Recovery before it came in esse for otherwise it would be a mischievous kind of Perpetuity which could not by any means be destroyed And although it was Objected That a Recovery shall not barre but where a Recovery in value extends thereto as appears Co. lib. 1. Capell's Case That a Rent-charge granted by him in remainder was bound Yet he held That this Recovery destroying the immediate estate all Contingencies and dependencies thereupon are bound and a Recovery shall bind every one who cannot falsifie it And he who hath this possibility cannot falsifie it therefore he shall be bound thereby But all the other Justices were herein against him That this Recovery shall not bind for he who suffered the Recovery had a Fee and William Brown had but a Possibility if he survived Thomas and Thomas dying without issue in his life no Recovery in value shall extend in value thereto unless he had been party by way of Vouchee And then it should for by entring into the Warranty he gave all his possibility Therefore they agreed to the case which Davenport at the Barre cited to be adjudged 34 Eliz. where a Mortgagee suffers a Recovery that shall no bind the Mortgagor but if he had been party by way of Voucher it had been otherwise and here is not any Estate depending upon the Estate of Thomas Bray but a Collaterall and meer Possibility which shall not be toucht by a Recovery And if such a Recovery should be allow'd then if a man should devise that his Heir should make such a payment to his younger sons or to his Executors otherwise the Land should be unto them if the Heir by Recovery might avoid it it would be very mischievous and might frustrate all devices and there is no such mischief that it should maintain Perpetuities for it is but in a Particular case and upon a mere contingency which perchance never may happen and be avoided by joyning him in the Recovery who hath such a contingency And on the other part it would be far more and a greater mischief that all Executors devises should by such means be destroy'd And Hutton in his Argument put this Case If a man gives or devises Land to one and his heirs as long as J. S. hath Issue of his body he by Recovery shall not bind him who made this Gift without making him a party by way of Vouchee for a Recovery against Tenant in Fee-simple never shall bind a collateral interest title or possibility as a Condition or Covenant or the like Wherefore they all besides Dodderidge held that this Recovery was no barr But it was adjudged for the Defendant Pells and Brown Hill 17 Jac. B.R. Cro. 2 Part 590. 6. In Pasch 24 Eliz. C. B. A Feme Sole was seised of a Mannor to which were three Copyholds one of the Copyholders did intermarry with the woman and afterwards he and his wife did suffer a Common Recovery of the Mannor to the use of themselves for their lives and afterwards to the use of the Heirs of the wife In this case it was agreed by the whole Court That the Copyhold was extinct And said by the Court That if a Copyholder will joyn with the Lord in a Feoffment of the Mannor thereby the Copyhold is extinct and so if he accept a Lease of his Copyhold Godb 11. Mich. 29 Eliz. C.B. Godb. 101. accord 7. Husband and wife are Joynt-Tenants for life the remainder to
it stands in force or be reversed by attaint or Writ of Error is final and makes an end of the Suit And here observe 1. That all Judgments are either by Award by Confession by Default or by Tryal Cro. 2.468 2. That a Judgment cannot be depheasanced before it be obtained Cro 1.837 3. That Judgments are much favoured in Law for Judicia in Curia Regis reddita pro veritate accipiuntur et Judicia sunt cantum Juris dicta Judicia in Curia Regis reddita non adnihilentur sed stent in suo robore quousque per errorem aut attinctam adnullentur for Interest reipublicae res judicatas non rescindi et nihil est tam conveniens naturali aequitati quam unum quodque dissolvi eo ligamine quo ligatum est Co. Inst 2. part 360. 4. That if the Plaintiff upon a Judgment dye his Executors or Administrators may not proceed to take advantage thereof or have Execution thereupon till they have first sued out a Scire facias Co. Inst 2. part 288 394. The Method of proceeding in a Judgment is as followeth viz. The Judgment being past the Plaintiff may choose his Execution and to pursue it But he is first to take care that this Judgment be entred in due and legal form which you may see in the Book of Entries Then he must be careful in the choyce of his Execution As for Example If he make choyce of an Elegit it is to be directed to the Sheriff in the form by Law prescribed for which see F.N.B. and the Old N. B. Then the Sheriff having received the Writ must summon a Jury and this Jury is to inquire and return what Fee-simple Fee-tail or for life Lands Goods or Chattels the Defendant had at the time of the Judgment or at any time after And this must be very carefully done the finding must have certainty in it by the quality of the Land as the Mannor of H. a Messuage and 20 Acres of Land Meadow and Pasture in D. in the occupation of J. S. of the value of c. 5. pound Rent c. Then the Sheriff is either at the same time or some time afterward to deliver the one moyety thereof and this last he alone doth without the Jury And herein care must be had that they do it by meets and bounds and that he do certainly describe that which he doth so deliver and that he deliver what is divideable and therefore that he do not divide a Mannor and deliver the moyety thereof for by this means he may destroy the Mannor And if the Sheriff shall deliver too much the Court at the return of the Writ may quash it and order a new Inquiry When the Plaintiff is satisfied by incursion of time the Defendant may re-enter upon his Land without more ado but if he hath received satisfaction by some accidental improvement of the Land there he is to call the party into Court out of which the Writ issued and there to do it by Scire facias Co. 5.38 39. But all Executions are to be taken out within a year after the Judgment else no Execution can be made out without first suing forth a Scire facias Westm 2.45 13 Edw. 1. The Execution upon a Judgment shall relate to the day of the Writs date and the award of the Writ of Execution shall bind all the Goods of him against whom Judgment is which he had at the day of the Execution awarded The Entry of a Judgement may be stayed and arrested if the Court shall see cause That a Judgment may be for a part of the thing only in demand or for the whole That a Judgment may be erroneous and avoidable by a Writ of Error for many causes Cro. 2.303 That after Judgment no Issue shall be taken Cro. 2.126 That when a Judgment is reversed for Error the Party is restored to his first remedy Co. 8.141 The Forms and Presidents of these things vary according as the case requires and being only practicable by Attorneys who are or ought to be well versed therein we will trouble the Reader with them but in the next place shew the several Statutes that speak of the same Stat. Westm 2.18 13 E. 1 That he that recovereth debt or damage in the Kings Court may at his choyce have a Fieri facias of the Lands and Chattels of the Debtor or a Writ for the Sheriff to deliver him all the Chattels of the debtor except Oxen and Plough-Beasts and the moyety of his Land by a reasonable extent till the debt be levied And if he be Ejected out of the Land he shall have an Assise and afterwards a Writ of Redisseisin if need be And this last Writ is called an Elegit which is given upon a Statute also Stat. 32 H. 8. cap. 5. That for all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things inrolled the Execution shall be within the year but after the year a Scire facias whereupon if satisfaction be not made or good cause shewed the Sheriff shall be commanded to Execution That if Lands delivered in Execution upon just cause be recovered without Fraud from the Tenant in Execution before he shall have levied and received his whole debt and damages he may have a Scire facias out of the Court from whence he had the Execution returnable in the same Court at a day Forty dayes at the least after the date of such Scire facias at which day if the Defendant being lawfully warned make default or do appear and do not plead a sufficient cause other than the former acceptance of the Lands to avoid the said Suit for the residue of the said debt and damages the said Court shall issue forth a new Writ of Execution for the levying thereof Stat. 1 Jac. cap. 13. If any taken in Execution be delivered by Priviledg of Parliament as soon as the Priviledg ceases the Plaintiff his Executors or Administrators may sue out a new Execution against him and the Sheriff or other Officer shall not be chargeable for the first Arrest Stat. 3 Jac. cap. 8. That no Execution is to be stayed upon any Writ of Error or Supersedeas upon it for reversing of a Judgment for debt or upon a Contract till the Plaintiff be bound in Recognizance with two Sureties in that Court in double the Summe of the Judgment to prosecute it with effect and pay the debt costs and damages if the Judgment be affirmed Stat. 21 Jac. cap. 24. That the party at whose Suit any one is in Execution for debt or damages recovered their Executors or Administrators may after the death of the person so charged and dying in Execution lawfully sue forth new Execution against the Lands and Tenements Goods and Chattels of the person so deceased in like manner as if the person so deceased had never been taken in Execution Howbeit this Act shall
against him for he ought to have sued out his Execution upon the Lands in both Counties Cro. 3 part 797. If a Statute be delivered to a stranger to keep till certain conditions be performed and he deliver it to the Conusee or he get it by fraud from him before the conditions be performed In this case he may be relieved by this Writ Fitz. 15.16 If one be Bayl for another for a debt in the Kings-Bench according to the course there and the principal dyes not paying the debt nor rendring his Body and upon a Scire facias and two Nihils against the Bail he is taken in Execution he may be relieved by this Writ for the Bayl is not to be charged till some default be in the Principal to yield himself c. but now he being dead the Bayl is discharged Goldsb 174. Cro. 2.645 In case where one man is chargeable alone towards a Judgment or Statute and others are to be contributory as where the Conusor hath sold his Land to divers Purchasors or a Judgment is had against one who doth leave his Land to divers heirs if one of the Purchasors or one of the Heirs alone be or be like to be charged he may by this force the rest to be contributory to the charge and if any one of them have a Release or other good discharge this as it seems will discharge all the rest But if one after he hath entred into a Statute or Recognizance do convey part of the Lands away and keep the rest and Execution is sued of the Lands in his hand onely against him or his heir they shall have no contribution from the purchasors And yet if any of the purchasors be sued he shall have contribution against the Conusor his heir and the rest of the purchasors Co. 2.92 Dyer 322. Moores Rep Case 607 700. A being in Execution was suffered to go at large and afterwards 〈◊〉 was taken again in Execution whereupon he brought his Audita Querela and while he was at large he paid the money as he proved by witnesses sworn whereupon it was adjudged That the Audita Querela did well lye Mich. 27 Eliz. C. B. Cro. 3. part Reynells Case We might here say something in like manner of Mortgages Leases and the like but the proceedings therein have so near a resemblance when they are to be extended that I will pass them over in this place and the rather because the former parts contain many Presidents of them I will therefore only give one short Discourse of Distresses and so finally conclude this Work Of Distresses and Replevins DIstress is the taking away of one mans Chattels for a Trespass done Rent accrued or in arrear and the like Of which some things are levyable Others cannot be distrained For which observe That a Cart full of Corn 2 H. 4.15 a Fold of Sheep c. 20 E. 4.3 a Mill-stone 14 H. 8.25 c. if it be not part of the Mill though it be fixed to a piece of Timber with nayles Windowes and Doors when they are removed off of the books But a Mill-stone though it be lifted up to be picked and beaten yet so long as it lyeth upon the other stone remaineth parcell of the Mill and cannot be distrained No more can Windowes and Doors hanging upon the hooks though they be removeable but this must be found upon the same Land a man holds but in other Lands not holden of him he cannot distrain except it be by the Tenants grant If Dismes be let reserving a Rent they cannot be distrained for the Rent no not when they are severed from the nine parts in as much as there is no distress but upon Land in demesne The King may distrain in another Land of the same mans for his Seigniory or Rent-charge but so shall not the Grantee 9 H 6.9 is That a common person cannot distrain for his Seigniory but in the Land holden of him except it be by his Tenants grant But the King may in any place 13 E. 4.6 That the King for his Services or for a Rent-charge may distrain in all his Tenants Lands but so shall not the Kings grantee Stat. Marlb cap. 15. Distresses shall not be taken in the Kings High-way or common-street but by the King or his Officers having special authority Stat. Artic. Cler. cap. 9. Nor in the ancient Fees of Churches The Distress being put in pound overt or open pound that is some place where the owner may lawfully come at them as if they be things that have life to give them meat c. he that distraineth shall not be charged what hurt soever they receive for quick Cattel must be put in pound overt that the Owner may give them sustenance but dead need not But if they be marred in his default that distraineth he shall answer for them Stat. Marlb cap. 4. None shall lead distress out of the County where they were taken The Neighbour that doth it to his Neighbour shall be fined The Lord that doth it to his Tenant shall be amerced 1 2 P. M. cap. 12. No distress of Cattel shall be driven out of that Hundred Rape Wapentake or Lath where it was taken except to a pound overt within the Shire not above three miles from the place where it was taken No Distress taken at one time shall be impounded at several places whereby the Owners shall be constrained to sue several Replevins the penalty of both these five pounds and treble damages No person shall take above four pence for the poundage of any whole distress impounded and where less hath been used there to take less upon pain of 5. pounds and loss of the money he hath taken above four pence any Prescription notwithstanding to the contrary Bare Hereditaments that may be distrained for are a Seigniory and Rent-charge Seigniories are Services whereby Lands are holden and Services are common to all certain Estates or proper to Inheritances Replevins are of two sorts 1. Homine Replegiando for one imprisoned or in Prison detained where he should not as being Baylable or claimed as a Villain F.N.B. 66. or inward F.N.B. 67. where indeed he is Franke out of Ward 2. A Replevin for Goods or Chattels distrained which according to the nature of the Plea ministred by the parties groweth to be either a real or personal Plea as upon property claimed then it is personal if the Defendant avow the taking for Services or Rent behind c. then it becometh real c. and as strong as a Praecipe quod reddat in as much he is to have a return And therefore he shall in that case have aid before any Plea pleaded as in a Praecipe quod reddat and this may be both by Writ and Plaint in any Court Baron F. N. B. 70. as well as in the County Court And being by Plaint though in the County Court it shall not proceed if any touching the Freehold come in question as if the
this present Lease yield up and leave the same And further shall from time to time To do suit belonging to the Mills of the said Mannor during the said term do his or their suit for or belonging to the Mill or Mills of the said C. B. within the said Mannor of S. aforesaid and all such Corn and other Grain whatsoever as the said I. S. aforesaid doth or may accustomarily use to grind or cause to be ground to be at the same Mill or Mills ground And it is further covenanted and agreed between the said Parties that it shall and may be lawful to and for the said C. B. and his Heirs or any to whom the Right thereof shall appertain as aforesaid if it be their pleasure at any time hereafter during the said term to make an exchange of parcel or parcels of the Lands or Meadows or any part or parcel of the premises belonging to the said Messuage or Tenement and to take and have the same at his or their will and pleasure giving and allowing unto the said I. S. and his Assigns as much Land in quantity and goodness for the same in such place within the Fields of S. aforesaid as by the judgment and discretion of sour of the Tenants of the said C. B. and his Heirs or any to whom the Right thereof shall appertain as aforesaid then dwelling in S. aforesaid shall be adjudged nominated and appointed And the said I. S. covenanteth and granteth c. that he the said I. S. or his Assigns shall and will yearly during the said term at seasonable times due and convenient in the year plant or set in or upon the premises six handsome young Trees or Saplings of Oak Elm or Ash and them so planted and set shall from time to time yearly cherish preserve sustain and suffer to grow and encrease to the most profit use and behoof of the said C. B. his Heirs and Assigns for ever Provided alwayes and it is fully conditioned and agreed between the said Parties that the said I. S. shall not at any time hereafter Demise Grant Let Set Assign or by any other way or means put away or depart with the said Leases Term of years Messuage or Tenement and other the premises with the appurtenances or any part or parcel thereof or do procure or suffer to be done any act deed or thing whatsoever whereby the same or any part or parcel thereof shall or may at any time hereafter Revert Descend or come unto any person or persons whatsoever other than unto his Wife and Child at any time during the said term without the consent of the said C. B. or his Heiâ—s and other the persons aforesaid first had and obtained in Writing under his or their Hands or Seals upon pain of forfeiting of this Indenture of Lease any thing herein contained to the contrary in any wise notwithstanding And the said C. B. convenanteth for himself his Heirs Executors and Administrators c. to warrant and defend the said Messuage or Tenement and all other the premises above letten unto the said I. S. and such his Assigns as are above expressed against all and every person or persons pretending any Title to the same from by or under him the said C. B. his Heirs or Assigns during the said Term according to the true intent and meaning of these presents In witness whereof the Parties first above named unto these present Indentures interchangeably have set their Hands and Seals the day and year first above written Annoque Dom. 1636. A Deed of Gift made to One to save him harmless from all Bonds TO all Christian people to whom this present Writing shall come II. P. of c. send greeting in our Lord God everlasting Know ye That I the said I. P. as well for the indemnity discharge and saving harmless of R. B. of c. his Heirs Executors and Administrators and every of them off and from all manner of Bonds and Writings Obligatory whatsoever wherein the said R. B. is and standeth bound for me the said I. P. in any sum or sums of money to any person or persons whatsoever as also for divers other good Causes and Considerations me hereunto especially moving have given granted Grant bargained sold and confirmed and by these presents do give grant bargain sell and confirm unto the said R. B. all and singular my Leases Goods and Chartels whatsoever as well real as personal of what kind nature quality or condition soever the same are or be and in what place or places soever the same shall or may be found as well in my own custody and possession as in the hands custody and possession of any other person or persons whatsoever To have and to hold all and singular the said Leases Goods and Chattels and all other the premises with the appurtenances to the said R. B. his Heirs Executors Administrators and Assigns to his and their own proper use and behoof for ever And I the said J. P. and my Heirs all and singular the said Goods and Chattels and other the premises unto the said R. B. his Executors Administrators and Assigns to his and their own proper use as aforesaid shall and will warrant and for ever defend by these presents Provided always That if the said I. P. my Executors Administrators or Assigns or any of us do or shall from time to time and at all times hereafter clearly acquit and discharge or otherwise sufficiently save and keep harmless the said R. B. his Executors Administrators and Assigns and all his and their Goods Chattels Lands Tenements and Hereditaments and every of them off and from all and singular Bonds and Writings Obligatory whatsoever wherein or whereby the said R. B. at the request and for the debt of me the said I. P. is and standeth bound to any person or persons whatsoever in any sum or sums of money and off and from all manner of Actions Suits Charges Troubles Expences and Demands whatsoever which shall or may in any wise hereafter happen come grow or be to or against the said R. B. his Executors or Administrators or any of them for or by reason or means of the same Obligations or Writings obligatory or any of them or any thing in them or any of them mentioned or contained that then this present Deed or Grant and every thing herein contained shall be utterly void and of none effect any thing herein before specified to the contrary thereof in any wise not withstanding In witness whereof c. A Lease of a House and certain Lands made in consideration of a certain sum of money the Fee-simple being in the Leasor THis Indenture made c. between M. C. of c. Gentleman and A. C. his wife on the one part and T. E. of c. Esq on the other part witnesseth That the said M. C. and A. his wife for and in consideration of the sum of c. of lawful money of England
of Dower of or in the said Mannors Lands Tenements and Hereditaments or of or in any part or parcel thereof at any time hereafter shall or may have or claim or prosecute against the said Sir D. VV. T. VV. and R. VV. nor any of them their nor any of their Heirs or Assigns but of and from the same shall be utterly debarred and for ever excluded by these presents In witness c. A Release from One that hath lost his Articles of Agreement BE it known unto all men by these presents That I E. W. of c. have remised released and quit-claimed and by these presents do for me my Heirs Executors Administrators and Assigns and every of us fully clearly and absolutely remise release and for ever quit-claim unto I. O. of c. his c. all and all manner of Actions Suits Plaints Pleas Process and Demands whatsoever which against the said I. O. I ever had now have or at any time hereafter shall or may have by reason or means of any Grant Covenant Contract Promise Bargain Clause or thing mentioned contained expressed or declared in or by certain articles of agreement indented bearing date c. made between the said I. O. on the one part and me the said E. W. on the other part touching or concerning the procuring of a Lease of a Field or parcel of Ground Arable Meadow or Pasture called the c. of the yearly Rent of c. lying c. which said Lease I do hereby acknowledge is procured and passed by the said I. O. according to my mind and desire and of and from all Bonds Bills and Writings Obligatory and all and every penalty sum and sums of money in them or any of them mentioned or contained wherein or whereby the said I. O. is and standeth bound unto me for the performance of the Covenants Grants Articles and Agreements in the said articles mentioned or contained I do acquit and discharge the said c. his c. for ever by these presents In witness c. A Form of a Will IN the name of God Amen The tenth day of c. I A. B. of c. being sick in body but of good and perfect memory thanks be to Almighty God and calling to remembrance the uncertain estate of this transitory life and that all Flesh must yield unto Death when it shall please God to call do make constitute ordain and declare this my last Will and Testament in manner and form following revoking and adnulling by these presents all and every Testament and Testaments Will and Wills heretofore by me made and declared either by word or writing and this to be taken onely for my last Will and Testament and none other And first being penitent and sorry from the bottom of my heart for my sins past most humbly desiring forgiveness for the same I give and commit my Soul unto Almighty God my Saviour and Redeemer in whom and by the Merits of Jesus Christ I trust and believe assuredly to be saved and to have full remission and forgivenesse of all my sins and that my Soul with my Body at the general day of resurrection shall rise again with joy and through the Merits of Christ's Death and Passion possess and inherit the Kingdom of Heaven prepared for his Elect and Chosen and my Body to be buried in such place where it shall please my Executors hereafter named to appoint And now for the setling of my Temporal Estate and such Goods Chattels and Debts as it hath pleased God far above my deserts to bestow upon me I do order give and dispose the same in manner and form following that is to say First I will that all those Debts and Duties as I owe in right or conscience to any manner of person or persons whatsoever shall be well and truly comented and paid or ordained to be paid within convenient time after my Decease by my Executors hereafter named Item I give and bequeath In witness c. An assurance of a Joynture to the Wife with Remainder in Tail THis Indenture made c. between H. V. of c. on the one part and L. L. c. and G. L. c. on the other part Witnesseth That as well for and in consideration of a Marriage already had and solemnized between the said V. and A. now wise of the said H. V. and Sister of the said L. and G. as for the great good will love and affection which the said H. hath and beareth to the said A. his wife and to the intent that the Messuages Lands and Tenements hereafter in these presents specified shall come and continue in the Issue of the said H. and A. in such sort manner and form as hereafter in these presents is expressed mentioned and declared It is covenanted granted condescended concluded and fully agreed upon by and between the said parties to these presents in manner and form following And the said H. V. for the consideration aforesaid doth covenant grant and promise for himself c. to and with the said L. L. and G. L. their c. by these presents That he the said H. V. his heirs and assigns and all and every other person and persons whatsoever shall stand and be seized of and in all and singular those his Messuages Lands Tenements Meadows Leasons Pastures and Hereditaments whatsoever with all and singular their appurtenances in the Parish Town and Field of C. aforesaid in the said c. which late were parcel of the possessions of the late dissolved Monastery of c. and now be or late were in the several Tenures and Occupation of c. and their assigns and the reversion and the reversions of the premises and every part and parcel thereof to the uses purposes and intents hereafter in these presents expressed and limited and to no other use intent or purpose whatsoever that is to say to the use and behoof of the said H. V. for the term of his natural life without impeachment of or for any manner of waste and after his decease to the use and behoof of the said A. V. now wife of the said H. V. for the term of her natural life and after the decease of the said H. and A. his wife then to the use and behoof of such of the Children between them the said H. and A. lawfully begotten as the said A. by her last Will and Testament or other Writing to be signed and subscribed by her the said A. in her life-time shall limit nominate and appoint And if no such limitation nomination or appointment shall be made by the said A. in her life-time then to the use of the Heirs of the Bodies of the said H. and A. between them lawfully begotten and for c. to the use of the right Heirs of the said H. V. for ever And further the said H. V. for himself c. doth Covenant c. to and with the said L. L. and G. L. their Heirs
parcel thereof Together also with the Counterpart of the said Lease made by the said Sir W.S. to the said C. Cundall as aforesaid To have and to hold the said parcel of Ground Houses Edifices Buildings Reversion Rents and all other the premises before in and by these presents granted bargained sold assigned or set over and every part and parcel thereof with their and every of their appurtenances unto the said R. H. his Executors Administrators and Assigns from henceforth for and during all the rest and residue of the foresaid Thirty years yet to come and unexpired And the said M. F. for himself his Executors and Administrators and for every of them doth covenant promise and grant to and with the said R. H. his Executors Administrators and Assigns and to and with every of them by these presents in manner and form following That is to say that it shall and may be lawful to and for the said R. H. his Executors Administrators and Assigns and every of them from time to time and at all times hereafter for and during the rest and residue of the said term of Thirty years yet to come and unexpired peaceably and quietly to have hold use occupy possess and enjoy the said parcel of Ground Houses Edifices and Buildings and the Rents Issues and Profits thereof shall or may have receive take and convert to his and their own proper use and behoof without the lawful let suit trouble eviction disturbance or interruption of them the said M. F. or H. R. or any of them their or any of their Executors Administrators or Assigns or any of them or of any other person or persons whatsoever lawfully having or claiming or which shall lawfully have or claim any lawful Estate Right Title or Interest of in to or out of the said premises or any part thereof by from or under them or either of them or by reason of their act or acts right title means or procurement other than such as shall claim by force of the said Lease made to the said C. Cundall and also free and clear and freely and clearly acquitted exonerated and discharged by the said M. F. his Executors or Administrators or some or one of them from time to time and at all times during the residue of the said term of Thirty years yet to come and unexpired and well and sufficiently saved and kept harmless of for from touching and concerning the said yearly Rent of Ten pounds reserved upon the said original Lease and by and from the said Wardens Commonalty of the Mystery of Mercers to the said Earl of Exceter as aforesaid as also free of all Incumbrances had made committed suffered or done by them the said M. F. and H. E. and either of them their Executors Administrators or any of them by their or any of their act or acts defâ—ults means or procurement And the said H. E. for himself hiâ— Executors Administrators and Assigns doth covenant and granâ— to and with the said c. his Executors c. and to and with eâ—â—ry of them by these presents That it shall and may be lawful to and for the said R. H. his Executors Administrators and Assigns and every of them from time to time and at all times hereafter for and during the rest and residue of the said term of Thirty years yet to come and unexpired peaceably and quietly to have hold use occupy possess and enjoy the said parcel of Ground Houses Edifices Buildings Rents Reversions and all other the premises before in and by these presents granted bargained sold assigned and set over and every part and parcel thereof with their and every of their appurtenances without the let suit trouble eviction disturbance or interruption of him the said H. E. his Executors Administrators or Assigns or any of them or any other person or persons whatsoever lawfully claiming or which shall or may lawfully claim by from or under him them or any of them or by from or under or by reason of his their or any of their act or acts right title interest means or procurement In witness c. A Lease of divers Lands c. with a Covenant to pay Heriots vpon Death c. with many other substantial Covenants THis Indenture made the c. between Sir H. Oniel of c. Knight of the one part and G. R. of c. Gentleman of the other part Witnesseth That the said Sir H. Oniel as well for and in consideration of a certain sum of Money to him in hand paid as also for divers other good Causes and Considerations him thereunto moving hath demised granted bargained sold and to farm-letten and by these presents doth demise grant bargain sell and to farm-let unto the said G R. all those four Towns or town-Town-lands commonly called or known or reputed to be known by the several names of Cashall K. E. F c. scituate and being within the Mannor of c. in the County of c. according as the same are bounden meeted or butted by and with the ancient Meets and Bounds thereof and as the said Towns or Townships and every or any of them have been enjoyed by the said Sir H. Oniel or any other his Farmors Lessees or Under-Tenants and now or late in the respective Tenures Possessions or Occupations of the said Sir H. Oniel or his Under-Tenants Farmors Lessees or Assigns of him the said H. O. Together with all and all manner of Houses Edifices Buildings Orchards Garden Yards Lands Meadows Pastures Wayes Waters Water-courâ—â—s Commons Profits Easements Commodities Emoluments and Hereditaments whatsoever to the said four Towns or Town-lands them or any of belonging or in any wise appertaining or with them or any of them used occupied or enjoyed And all Rents and yearly Profits and other Duties and Services reserved or payable upon or by reason of any Lease or Leases Demises or Grants heretofore to any person or persons convenanted or made of the premises or any part or parcel thereof and the Reversion and Reversions of the said four Towns or Town-lands and every of them and of all and every the before demised premises depending or expectant or remaining upon any Demises Leases or Grants now in being or at any time pretended to be of the said premises or any part thereof for term of Life or Lives or for term of Years or otherwise howsoever Except and alwayes reserved out of this present Demise and Grant of the said demised premises unto the said Sir H. Oniel his Heirs and Assigns all Timber-Trees Woods and Under-woods now growing standing or being or hereafter to grow stand or to be in or upon the said Towns or Town-lands or in or upon any part or parcel thereof together with all Felons Goods Waifs Estrayes Mines Minerals Priviledges Royalties and Franchises whatsoever to the said Towns or Town-lands or any of them belonging or in any wise appertaining and together also with free ingress egress and regress for taking having
digging receiving selling footing and carrying away the said Timber-Trees Woods or Under-woods or the Royalties Priviledges and Freedoms aforesaid To have and to hold the said Towns or Town-lands before mentioned and all other the premises before in or by these presents demised and granted bargained and sold and every part and parcel thereof with their and every of their Appurtenances and the Reversion and Reversions Rents and yearly Profits of the same and of every part and parcel thereof unto the said G. R. his Executors Administrators and Assigns from the Feast-day of All-Saints last past before the date of these presents unto the full end and term of Ninety and nine years from thenceforth next ensuing and fully to be compleat and ended Yielding and paying therefore yearly and for every year during the said term unto the said H. Oniel his Heirs and Assigns the yearly rent or sum of c. of current money of England at the Feasts of Philip and Jacob and All-Saints by even and equal portions as within one and twenty dayes next after any of the said Feasts And if it happen the said yearly Rent to be behind and unpaid in part or in all contrary to the reservation aforesaid and no sufficient distress can or may be found or taken in and upon the said demised premises A demand thereof being by the said Sir H. Oniel his Heirs or Assigns first made That then and from thenceforth it shall and may be lawful to and for the said Sir H. Oniel his Heirs or Assigns or any of them into the said four Towns or Town-lands and all and singular the aforesaid demised premises with the appurtenances or into any part or parcel thereof in the name of the whole to re-enter and the same to claim have again enjoy and re-possess as in his and their first and former estate any thing in these present Indentures contained to the contrary in any wise notwithstanding and the said G. R. A Covenant for new Building Messuages on the demised premises for himself his Heirs Executors Administrators and Assigns and for every of them doth covenant promise and grant to and with the said Sir H. Oniel his Executors Administrators and Assigns and to and with every of them by these presents in manner and form following that is to say That he the said G. R. his Executors c. shall and will within the space of ten years next ensuing the date of these presents at his and their own proper Costs and Charges erect new-build and set up in and upon some convenient part of the premises by these presents demised three Messuages Tenements or Houses fit and convenient for habitation to be so erected of Timber Stone or Brick according to the most usual manner of building now used within the Realm of England and the same being thus built shall from time to time and at all times during the aforesaid term of c. years keep and well maintain in good repair And shall and will likewise from time to time during the said term well and sufficiently repair amend maintain and keep all the Houses Edifices Hedges Ditches Fences and Enclosures in and about the said demised premises or any part thereof in good and sufficient reparations and the said demised premises and every part thereof being so well and sufficiently repaired maintained hedged fenced ditch'd and amended in the end of the said term shall and will quietly leave and yield up unto the said Sir H. O. his Executors Administrators and Assigns And that the said G. R. his Executors Administrators and Assigns and his and their Under-Tenants shall and will from time to time during the said term grind all their several kind of Grain whatsoever that they or any of them A Covenant to pay Heriots shall expend in and upon the said demised premises or any part thereof at the Mill or Mills of him the said H. Oniel And the said G. R. for himself his Executors Administrators and Assigns and for every of them doth further covenant promise and grant to and with the said Sir H. Oniel his Heirs and Assigns and to and with every of them by these presents That he the said G. R. his Executors Administrators or Assigns shall or will well and truly pay or cause to be paid unto the said Sir H. O. his Heirs or Assigns such several and respective Heriots for the said demised premises as are hereafter in these presents mentioned and expressed That is to say upon the death of the said G. R. his Executors or Administrators dying Tenant in possession of the said premises or any part thereof his or their best Beast in the name of one Heriot and upon the decease of every of his or their Lessees Farmor or Under-Tenant of the said premises or any part thereof one half of the value of the price of his or their best Beast in full lieu and satisfaction for the whole Heriot And the said Sir H. Oniel for himself his Heirs Executors and Administrators and for every of them doth covenant promise and grant to and with the said G. R. his Executors Administrators and Assigns and to and with every of them by these presents That it shall and may be lawful to and for the said G. R his Executors Administrators and Assigns and his or their Lessees Farmors and Under-Tenants from time to time and at all times hereafter during the said term to have and take in and upon the said demised premises competent and sufficient House-boot Plough-boot Cart-boot Hedge-boot and Fire-boot to be spent expended and imployed in about and upon the same premises and not else-where And the said Sir H. Oniel for himself his Heirs Executors and Administrators and for every of them doth further covenant promise to and with the said G. R. his Executors Administrators and Assigns and to and with every of them by these presents in manner and form following That is to say That the said Sir H. Oniel is and standeth lawfully seized of and in the said four Towns Town-lands or Townships before-mentioned in these presents and of and in all other the demised premises with their appurtenances of such good perfect and lawful estate of inheritance in Fee-simple as that he the said Sir H. Oniel hath in himself good Right full Power and lawful Authority hereby to demise grant bargain sell and to farm-let the said four Towns or town-Town-lands before mentioned and all other the promises aforesaid with their and every of their appurtenances into the said G. R. his Executors Administrators and Assigns fâ—r such term of years and in such manner and form as is herein before mentioned and expressed And for the further and better securing and confirming of the said four Towns or Town-lands and other the premises with the appurtenances unto the said G. R. his Executors Administrators or Assigns for and during the term aforesaid and in manner and form as is aforesaid according to the true intent and
survive and afterwards to inter-marry with any person or persons whatsoever that then from and immediately after the said Marriage as for and concerning one full fifth part in five parts to be divided of all and singular the said Messuages Lands Tenements and Hereditaments with the Appurtenances before hereby specified to be limited and appointed to and for the Joynture of the said F. aforesaid that the Use and Uses Estate and Estates thereof limited to the said F. shall cease determine and be utterly void and that from thenceforth they the said A. B. J. P. and J. G. and the Survivor and Survivors of them his and their Heirs and Assigns shall stand and be seized of the full fifth part of the said Messuages Lands and Premises from and immediately after the inter-marriage of the said F. to the use and behoof of the said Son of V. W. on the Body of the said F. begotten for and during the term of the natural life of the said F. for her maintenance any thing herein contained to the contrary in any wise notwithstanding Provided also and upon this condition and so it is covenanted granted declared and agreed by and between all and every of the said Parties to these presents and their Heirs and Assigns respectively and it is the true intent and meaning of these presents That it shall and may be lawful to and for the said V. W. at any time hereafter during his natural life from time to time by one or more Indenture or Indentures under his Hand and Seal to lease demise set and to farm-let all and every or any of the said Mannors Messuages Lands Tenements Hereditaments and Premises with the Appurtenances which have been usually set and to farm-letten unto any person or persons whatsoever for the term of three Lives or for any number of years determinable upon one two or three Lives or for the term of One and twenty years or over or under in Possession and not in Reversion so as upon every such Lease and Demise the ancient and accustomed Rent or more or the Rent or the Rents now payable or paid or more over and besides Duties Heriots and Services due and accustomed be thereupon reserved and so as such Rents Duties Heriots and Services upon such Lease and Leases severally reserved shall and may be and continue due and payable unto him her or them respectively and successively unto whom the Reversion and Reversions and Remainder thereof is hereby limited and appointed as aforesaid Provided also and upon this further â—ondition and so it is covenanted and agreed by and between all and every the Parties to these presents That if at any time from and after the death of the said V. W. the said G. W. Son and Heir of the said V. W. or such other person or persons as shall be Heirs at Law of the said V. W. shall and do well and truly satisfie and pay or cause to be satisfied and paid unto the said A. B. J. P. and J. G. and to the Survivor or Survivors of them his and their Heirs Executors Administrators and Assigns if H. A. Son of the said F. be then living the sum of four thousand and five hundred pounds of current c. And if the said H. A. be dead the sum of five thousand pounds of like current money at or in the c. To the end that thereby the said A. B. J. P. and J. G. their Heirs Executors Administrators and Assigns may be thereby enabled to purchase Lands and Tenements of the value of c. or may employ and dispose of the same for the use benefit and advantage of the Issue of the Body of the said F. lawfully begotten or to be begotten or if the said V. W. or the said Heir at Law as aforesaid or any of them shall at their own proper costs and charges settle convey and assure or cause and procure to be conveyed and assured other Lands Tenements and Hereditaments which shall be of the clear yearly value of Two hundred and fifty pounds per annum above all Charges and Reprizes unto the said A. B. J. P. and J. G. their Heirs and Assigns and to the Survivor and Survivors of them his and their Heirs Executors Administrators and Assigns to the like several uses intents and purposes and upon the like trusts and confidences and under the like Conditions Provisoes Powers and Limitations as are hereby formerly limited and appointed excepting onely the said Messuage Lands and Tenements herein and hereby limited to and for the Joynture of the said F. that then and immediately from and after such payment or settlement as aforesaid the several Uses and Estates herein and hereby limited other than the Estate for life limited to the said F. as aforesaid of for or concerning the said Land and Premises for the use and benefit of the Issue of the Body of the said V. W. on the Body of the said F. lawfully begotten or to be begotten and every of them shall cease determine and be utterly void And the said V. W. for himself his Executors Administrators and Assigns doth covenant grant and agree to and with the said A. B. J. P. and J. G. their Heirs and Assigns and to and with every of them by these presents That for or notwithstanding any act or thing whatsoever heretofore done or suffered by the said V. W. his Heirs or Assigns or hereafter by him them or any of therâ— to be done or suffered to the contrary the said V. W. now is and so at the time when the first Estate of the said Mannor Advowson Messuages Lands Tenements and Premises and every part and parcel thereof shall be conveyed and assured to the said A. B. J. P. and J. G. their Heirs and Assigns to the uses aforesaid shall stand and be seized thereof of a good perfect absolute and indefeazible Estate of Inheritance in Fee-simple or Fee-tail without any Reversion or Remainder in the Crown or without any Covenant or use to alter change or determine the same And also that he the said V. W. for and notwithstanding any act or thing whatsoever heretofore done or suffered to the contrary as aforesaid hath and so at the time of the Execution of the said first Estate of the said Mannor Advowson Messuages Lands Tenements and Premises and every part and parcel thereof with their and every of their appurtenances to the said A. B. J P. and J. G. their Heirs and Assigns shall have full power good right and lawful authority to grant convey and assure the said Mannors Messuages Lands Advowsons Tenements and Premises with their and every of their appurtenances to the said A. B. J. P. and J. G. their Heirs and Assigns to the uses intents and purposes aforesaid according to the true intent and meaning of these presents And the said V. W. for himself his Heirs Executors Administrators and Assigns and every of them doth covenant promise grant and agree to and with the
one Messuage and divers parcels of Land Meadow and Pasture to the said Tenement belonging or appertaining lying and being in B. c. found by particular names and quantities and then valued by the said Jurors to be worth c. yearly the moyety of which said Messuages and Premises in B. by particular names and quantities the said Sheriff did then also deliver unto the said T. H. at the rate and apprizement aforesaid To hold to the said T.H. and his Assigns as his Free-hold according to the form of the Statute made on that behalf until the residue of the said Debt of c. should be thereby fully levied as by the said Inquisition more particularly and at large it doth and may appear Which said debt so recovered by the said T.H. and the said Execution thereupon was nevertheless in trust 〈◊〉 the said W. W. party to these presents and was the proper money of the said W. W. assigned to him the said T. H. as part of the Marriage-portion of c. Now witnesseth these presents That the said W. W. and T. H. as well for and in consideration of the sum of c. paid unto the said W. W. as also for divers good Causes and Considerations them thereunto moving have granted assigned and set over and by these presents do grant assign and set over unto the said J. B. all that the said Messuage or Tenement Lands and Premises in C. aforesaid and all the Estate Interest Title and Term of Years yet to come which the said VV. and T. H. hath or either of them hath or have or might have of in or unto the said Messuage Tenement Lands and Premises and every or any part thereof by the said Extent or Inquisition aforesaid or otherwise And also all that the moyety or half-deal or part of the said Messuage or Tenement Lands and Premises in B. aforesaid and all the Estate and Interest which he the said W. W. and T. or either of them have hath or might claim of in or unto the said Messuage Lands and Premises in B. or any part or parcel thereof in as large ample and beneficial manner to all intents and purposes as the said W. W. or T. H. or either of them have hath or might hold claim or enjoy the same c. And the said W. W. and T. H. do severally and not joyntly each one for himself his Executors and Administrators covenant promise and agree to and with the said I. B. his Executors c. that he the said I. B. his c. shall and may from henceforth quietly hold occupy and enjoy all and singular the premises and every part thereof free from any former Grants Charges Assignment and Incumbrances of the premises or any part thereof made by the said W. c. or any claiming from c. And the said I. B. doth likewise by these presents for himself his Executors c. covenant promise and agree to and with the said VV. c. That he the said I. B. his Executors c. shall and will save defend and keep harmless the said VV. VV. and T. H. their Executors c. of and from all manner of Suits Troubles Charges Expences and Sums of Money which the said VV. c. shall be from henceforth at put unto sustain disburse or undergo for or by reason of the said extent or any matter or thing therein contained or that might come to happen to the said VV. c. for or by reason of the Estate which they or either of them had by extent aforesaid or any the premises hereby assigned or by any occasion or reason rising or growing therefrom or by occasion thereof In witness c. A Charter party for a Ships Voyage THis Charter party indented made the c. in the c. between L. K. Master of a Ship or Bark called The Flower-de-luce of P. in the County of D. of the Burthen of one hundred Tuns or thereabouts of the one part and C. W. and B. S. Merchants of c. Witnesseth That the said Master hath demised granted and to fraight-letten and by these presents doth demise grant and to fraight-let unto the said Merchants their Factors and Assigns all that the said Ship or Bark with her Tackling appurtenances and her apparel thereunto belonging or appertaining for and during one whole Voyage with the same Ship to be done and made in manner and form following that is to say the said Master covenanteth granteth and agreeth to and with the said Merchants and every of them That the said Ship or Bark named The Flower-de luce now being pressed and ready within the Port of the said Town of S. shall with the first good Wind and apt Weather as God shall send next after the date hereof make Sail and Sails from thence directly towards and unto the Key of the City of Roan under the Dominion of the French King and there to tarry and abide by the space of c. dayes current during the which space the said Master covenanteth there to receive into the said Ship Ware and other Merchandize such as it shall then best please the said Merchants their Factors or Assigns there to load to a compleat and full loading of the said Ship And the said Merchants and every of them covenant to and with the said Master to load or cause to be loaden there within the said space Wares and such other Merchandizes as it shall then best please the said Merchants or their Factors for their most profit to the compleat and full loading of the Ship as is aforesaid And moreover the said Master covenanteth concordeth bargaineth and agreeth to and with the said Merchants and every of them that the said Ship with her said loading laden in her within the said place shall with the first good Wind and Weather as God shall send next after the said c. dayes be come and past make Sail and Sails from thence directly towards and unto the said Port of the said Town of S. where the said Ship shall with convenient speed after her there arrival be discharged of her said lading of Wares and other Merchandize laden in her as aforesaid and the same out of the said Ship there so discharged shall be delivered unto the said Merchants or the Owners thereof as safely and well-conditioned God sending the said Ship in safety And the said Merchants and every of them covenant to and with the said Master then and there to receive the said loading laden in her as aforesaid and at the right discharge thereof to pay or cause to be paid to the said Master or his Assigns the sum of c. and also to pay during the said Voyage Windage Groundage Pilotage and Loadmanage and all other Arrerages as in English Ships are accustomed And the said Master covenanteth that the said Ship is and during the said Voyage shall be stiffe strong and stanch well and sufficiently victualled rigged and apparelled with sufficient
or from the said Mannor or any of the Lands Tenements and other the aforesaid premises without any fraud or covin of the said R. D. and B. or either of them their Heirs or Assigns by reason of any Right Title Estate of Interest to be had or made by R. W. the Grand-father or I. W. the Father of the said I. or the said I. or by any other person or persons claiming in by or under their or any of their Estates Titles or Interests That then he the said I. his Heirs Executors or Administrators or some of them shall and will within six moneths next after such eviction so to be had of the said Mannor or of any other the premiles or any part or parcel thereof upon reasonable request to be made at or in the c. well and truly pay or cause to be paid unto the said R. D. and B. their Heirs and Assigns for every Acre five pound and so after that rate and rate-like and that without fraud covin or further delay In witness c. An Indenture to lead the use of a Fine THis Indenture made the c. between F. G. of c. of the one part and R. VV. of c. of the other part VVhereas it is condescended unto and agreed between the said F. G. his Heirs c. and the said R. VV. his Heirs c. that the said F. G. his Heirs shall from time to time during two years next ensuing the date of these Indentures do cause suffer and make such assurance of his Mannors of M. and S. in the County of D. and the Advowson of the Church of A. and of all his Lands Tenements Rents Reversions Services and Hereditaments whatsoever in M. and D. in the County of D. in such manner and form as by the said R. VV. his Heirs and Assigns or his or their Council learned in the Law shall be reasonably devised advised or required at the Costs and Charges of the said R. VV. Now witnesseth this Indenture That the said R. VV. hath devised that the said F. G. at the term of Saint Hillary next ensuing the date above-written shall levy and acknowledge one Fine c. of the said Mannors Lands Tenements Advowsons and all other the premises to the said R. VV. and his Heirs in due form of Law which Fine so to be had levied and executed touching and concerning the said Mannor of M. c. and all the Lands Tenements Meadows Leasows Pastures and Hereditaments with the appurtenances to the said Mannor of M. c. belonging to the said F. G. for himself and his Heirs doth covenant and grant to and with the said R. VV. by these presents shall stand and be to the use of the said F. G. during his life without impeachment of waste and after his Decease to the use of the said R. VV. and D. his wife and of the Heirs of the said R. on the body of the said D. lawfully begotten and for default of such Issue to the right Heirs of the said R. VV. for ever And which Fine to be levied and executed touching and concerning all the residue of the premises the said F. G. for him and his Heirs doth covenant and grant to and with R. VV. by these presents that the said Fine shall stand and be to the use of the said F. G. and I. now his wife and the Heirs of the said F. upon the Body of the said I. begotten And for default of such Issue then to the use of the said R. VV. and D. and of the Heirs of the Body of the said R. and D. between them lawfully begotten and for default of such Issue then to the right Heirs of the said R. VV. for ever In witness c. An Indenture of Demise of divers Lands c. in consideration of a sum of Money paying a Pepper-corn yearly THis Indenture made the third day of May 1649. c. between Sir T. B. of D. in the County of c. Knight and Baronet and M. H. of D. aforesaid Gentleman Servant to the faid Sir T. B. of the one part and Sir W. T. of C. in the County of N. Knight of the other part Witnesseth That the said Sir T. B. and M. H. as well for and in consideration of the sum of c. of lawful money of England to them in hand paid before the ensealing and delivery hereof by the said Sir W. T. whereof and wherewith the said Sir T. B. doth acknowledge himself satisfied contented and paid and thereof and of every part and parcel thereof doth acquir and discharge the said Sir W. T. his Heirs Executors and Administrators and every of them by these presents as also for divers other good Causes and Considerations them hereunto moving Have demised granted and to farm-letten and by these presents do demise grant and to farm-let unto the said Sir W. T. his Executors Administrators and Assigns all those several Closes or parcels of Land Meadow Pasture and Arable called or known by their several Names following That is to say one Close or parcel of Ground called D. containing by estimation c. Acres be the same more or less and one other Close or parcel of Land called E. containing by estimation c. Acres be the same more or less And one Close or parcel of L. and called C. containing by estimation c. Acres be the same more or less c. All and singular which said Closes and parcels of Lands are scituate lying and being within the Fields Parishes Precincts and Territories of H. alias H. in the County of L. and are part and parcel or reputed and taken to be part or parcel of the Mannor of H. alias H. aforesaid And also all singular Messuages Tenements Buildings Orchards Gardens Commons Common of Pasture Waters Fishings Woods Underwoods Trees Bushes Fences Free-boards Wayes Easements and all other Rights Jurisdictions Priviledges Franchises Liberties Profits Conditions Emoluments and Hereditaments whatsoever growing arising being coming or issuing in upon or out of the premises and every part and parcel thereof or to the same or any part thereof belonging or appertaining To have and to hold all and singular the said Closes and parcels of Land and all and singular the premises and every part and parcel thereof with their and every of their Rights Members and Appurtenances unto the said Sir W. T. his Executors Administrators and Assigns from the first day of May last past before the date hereof unto the full end and term of One thousand years from thence next immediately ensuing and fully to be compleat and ended Yielding and paying therefore yearly during the said term unto the said Sir T. B. his Heirs or Assigns one Pepper-corn at the Feast of Saint Michael the Arch-angel only if the same be lawfully demanded And the said Sir T. B. and M. H. for them their Heirs and Assigns do joyntly and severally covenant grant and agree to and with the said Sir W.
other use intent or purpose whatsoever any thing in these presents contained to the contrary thereof in any wise notwithstanding In witness c. An Indenture of Covenants for passing of a Recovery in the Common-Pleas to cut off an Intail THis Indenture made c. between E. C. of c. of the one part and W. O. and J. H. of c. of the other part Witnesseth That it is covenanted granted concluded and agreed by and between the said Parties to these presents and the said E. C. doth covenant and grant to and with the said W. O. and J. H. that he the said E. C. shall and will permit and suffer the said W. O. and J. H. to purchase and sue forth out of the High-Court of Chancery one or more Writ or Writs of Entry sur discesin en le post returnable before the Justices of the Common-Pleas at Westminster at some certain day of Return in Easter-Term next coming by which Writ or Writs the said W. O. and J. H. shall demand against the said E. C. all that Messuage Tenement or Farm with the appurtenances scituate c. which late were in the possession of c. and also all that Close of Pasture-ground commonly called c. containing c. and all that Close of Pasture c. and also all and singular Lands Tenements Rents Reversions Services Commons Profits Commodities Emoluments and Hereditaments whatsoever with all and singular the Appurtenances to the Premises or any part or parcel thereof belonging or in any wise appertaining by such name and names and in such manner and form and by such number and quantity of Acres as the said W. O and J. H. or the survivor of them or the Council learned of them shall be devised or advised to which Writ the said E. C. shall appear personally or by Attorney in the said Court of Common-Pleas enter into the said warranty and imparl and vouch the warranty the Common vouchee who shall after depart in contempt of the Court so as a good perfect recovery shall and may be had in due form and order of Law of the said Messuages Lands c. and all other the premises with the appurtenances according to the usual course of common Recoveries for assurance of Lands and Tenements in the said Court of Common-Pleas and that a Writ of Habere fac ' seisinam shall be thereupon awarded executed and returned accordingly And it is further condescended unto and agreed by and between all the said Parties to these presents That as well the said Recovery so to be had and executed as aforesaid as also all and every other Recovery or Recoveries Conveyances and Assurances whatsoever which before the Feast of c. shall be had and executed by and between the said Parties to these presents or any of them of the said Messuages Lands Tenements and Hereditaments and all and every other the premises with the appurtenances or of any part or parcel thereof by what name or names soever the same shall be so had and executed and the full force and execution of them and every of them shall be and enure and shall be construed adjudged and taken to be and enure to the onely use and behoof of the said W. O. his c. for ever And the said W. O. and J. H. and the survivor of them and the heirs of the survivor of them shall ever from thenceforth stand and be seized thereof and of every part thereof to the only use and behoof of the said W. O. his heirs and assigns for ever and to no other use intent or purpose whatsoever In witness c. An Assignment of a Lease THis Indenture made c. between P. S. of c. and M. his Wife and Executrix of the last Will and Testament of I. C. late of c. deceased on the one part and W. W. of c. Yeoman on the other part witnesseth That whereas T. M. of c. in and by one Indenture of Lease bearing date c. for the consideration therein mentioned did demise grant and to farm-let unto the said I. C. reciting the Grant as in and by the said recited Indenture of Lease amongst divers other Covenants Grants Articles and Agreements therein contained more fully and at large it doth and may appear Now this Indenture witnesseth That the said P. S. and M. his wife as well for and in consideration of the sum of c. to them in hand paid before the ensealing and delivery of these presents by the said W. W. whereof they do acknowledge the Receipt and thereof and of every part and parcel thereof do acquit exonerate and for ever discharge the said W. W. his c. by these presents hath given granted bargained sold assigned and set over and by these presents do give grant c. unto the said W. W. his c. all that parcel of Ground or Garden-Plat with the appurtenances before mentioned and all Houses Edifices Buildings c. and all the Estate Right Title Interest Possession Term of Years to come Claim and Demand whatsoever which they the said P. S. and M. his wife or either of them now have or hath may might should or in any wise ought to have or claim of in or to the said parcel of Ground and Garden-plat and other the premises with the appurtenances and every or any part or parcel thereof by force and vertue of the said Indenture of Lease To have and to hold Habend the said parcels of Ground or Garden-plat and all Houses Edifices and Buildings thereupon or upon any part or parcel thereof now standing or being And also all the said recited Indenture of Lease and all the Estate Right Title Interest Term of Years and all and singular other the premises with the appurtenances in and before by these presents bargained sold assigned and set over or mentioned or intended to be hereby given granted bargained sold assigned and set over and every part and parcel thereof unto the said W. W. his Executors Administrators and Assigns to his and their own proper use and behoof during the residue of the said term in and by the said Indenture of Lease granted and therein now to come and unexpired in as large ample and beneficial manner to all intents constructions and purposes as they the said P. S. and M. his wife or either of them now have or hath may might should or in any wise ought to have and enjoy the same by force and vertue of the said recited Indenture of Lease or otherwise howsoever and the said P. S. and M. his wife for themselves their Executors c. and for either of them and either of their c. doth convenant c. that the said recited Indenture of Lease c. at the time of the ensealing and delivery of these presents is a good sure perfect and indefeizable Lease in the Law of and for the said parcel of Ground or Garden-plat and premises hereby
T. W. his Executors or Assigns do and shall find Diet and Victuals for the said I. B. c. for so long time after the end of the said terms as they shall have been absent as aforesaid according to the true meaning of these presents That then c. A Condition to repay all such Charges as the Tenant shall be at by reason of the payment of his Rent there being controversie concerning the Title of the House THe Condition c. That whereas there is a Controversie or question between the above-bound E. H. and others touching their several right or interest in the now dwelling House of the above-named T. T. scituated c. And whereas upon an agreement between the said E. H. and T. T. the said T. T. is câ—ontented to pay the Rent of the said House it being 50 l. per annum unto the said B. H. as the same shall grow due according to his Lease If therefore the said E. H. his c. do and shall well and truly pay or cause to be paid unto the said E. T. his Executors or Assigns all such Rent sum or sums of Money Charges and Damages whatsoever as shall by due proceeding in Law be adjudged or decreed against him the said T. T. his Executors c. and all other Costs and Damages whatsoever which he the said T. T. shall sustain or be at by reason of any Actions Suits or Forfeitures whatsoever which shall or may happen or be unto the said T. T. his Executors Administrators or Assigns by reason or means of the payment of the said Rent or any part thereof unto the said E. H. his Executors Administrators or Assigns That then c. A Condition to discharge the Church-Wardens and Parishioners of a Child born in the Parish THe Condition c. That whereas one M. H. hath of late been delivered of a Man-child within the Parish of c. within written to the which Child the within-bound E. G. by his own voluntary confession doth acknowledge himself to be the Father If therefore the said E. G. his Heirs Executors or Assigns or every or any of them do from time to time and at all times hereafter full and clearly acquit discharge and save harmless as well the within-named J. B. and H. T. Church-wardens of the Parish-Church of c. aforesaid and their Successors for the time being and every of them as also all the Inhabitants and Parishioners of the said Parish which now are or hereafter shall be for the time being and every of them of and from all and all manner of Costs Charges and Expences whatsoever which shall or may in any manner of wise at any time hereafter arise happen come grow or be imposed upon them or any of them for or by reason or means of the Birth Education nourishing and bringing up of the said Child And of and from all other Actions Suits Charges Troubles Impeachments and Demands whatsoever touching and concerning the same That then c. A Condition for the surrender of Copy-hold Lands and to cause him to be admitted Tenant THe Condition c. That if the within-bounden J. K. and his Heirs do and shall at the next Court to be holden for or within the Mannor of H. in the County of E. sufficiently and in due form of Law surrender and yield up unto or for the use and behoof of the within-named L. M. his Heirs and Assigns or of such other person or persons and their Heirs and Assigns as the said L. M. shall nominate and appoint All that his Copy-hold Messuage or Tenement and Lands thereunto belonging containing by estimation sixteen Acres be it more or less now or late in the Tenure or Occupation of N. O. or of his Assigns parcel of the Mannor of H. aforesaid with all and singular Out-houses Easements Commodities and Appurtenances to the same appertaining clearly acquitted and discharged of all Dowers and titles of Dower whatsoever and do then and there also procure and cause the said L. M. or such other person or persons by him to be nominated as aforesaid to be only and lawfully admitted Tenant of the same premises so to be surrendred according to the custom of the said Mannor That then this c. A Condition for quiet enjoying a Mannor according to an Assignment thereof THe Condition c. That if the within-named R. J. his c. and every of them shall or may lawfully peaceably and quietly have hold occupy and enjoy the Mannor of S. with the appurtenances in the County of O. with all Lands Tenements Profits Priviledges Rents Court-leet and Advowson Woods Under-woods and all other Hereditaments thereunto belonging or appertaining without the let trouble suit eviction disturbance or contradiction of the within-bounden W. G. L. G. and M. G. or any of them their or any of their Heirs Executors Administrators or Assigns or any of them or any other person or persons whatsoever having claiming or pretending to have any manner of Right Title Interest Property Claim or Demand of in or to the said Mannor and Premises aforesaid or of in and to any part or parcel thereof by from or under the said W. G. M. G. and L. G. or either or any of them according to the tenour purport effect and true meaning of one Indenture of assignment bearing date the c. made and sealed by the said W. G. unto the said R. J. of the premises aforesaid as by the said Indenture may appear That then c. A Condition for assurance of Lands THe Condition c. That if the within-bounden W. B. shall upon reasonable request to him to be made by the within-named T. H. his Heirs or Assigns on this side and before the Feast-day of c. next ensuing the date within-written convey and assure unto the said T. H. his Executors and Assigns for ever one Close of Pasture containing by estimation one Acre abutting upon F. towards c. one other Close c. all which premises are scituate lying and being in the Parishes Towns and Fields of W. and G. or in some or one of them in the County of B. by such Conveyances and Assurances in the Law as by the said T. H. his Heirs and Assigns or by his or their Council learned in the Law shall be reasonably devised or advised and required discharged of all Incumbrances whatsoever the chief Rents and Services thereof due and payable to the chief Lord or Lords of the Fee or Fees of the premises only excepted And also if the said W. B. his c. and every of them do and shall until the said conveyance and assurance shall be made and passed as aforesaid quietly permit and suffer the said T. H. his Heirs and Assigns to have receive perceive and take to his and their own proper uses and behoofs the Rents Issues and Profits of all and singular the premises and of every part and parcel thereof without any manner of let suit trouble
c. And I the said A. B. for my self my Executors Administrators and Assigns do covenant and grant to and with the said C. D. his Executors Administrators and Assigns by these presents That if default be made of or in payment of the said sum or any part thereof contrary to the form aforesaid That then I the said A. B. my Executors and Administrators and every of us shall and will warrant and for ever defend the said several parcels and every of them unto the said C. D. his Executors and Assigns against all men by these presents In witness c. A Bargain and Sale of Houshold-stuff BE it known unto all men by these presents That I T. N. of c. for and in consideration of the sum of 25 l. of c. to me in hand paid at the ensealing and delivery of these presents by A. R. of c. whereof I acknowledge my self fully satisfied and paid and thereof and of every part and parcel thereof do clearly acquit exonerate and discharge the said A. his Executors Administrators and Assigns by these presents have granted bargained and sold and by these presents do fully clearly and absolutely grant bargain sell and deliver unto the said A. R. all such Goods and Houshold-stuff and Implements of Houshold and all other things mentioned and contained in a Schedule hereunto annexed now remaining and being in one Messuage House or Tenement and the Garden and Yard thereunto belonging called Dales situate lying and being in Hammersmith in the County of Middlesex and now in the Tenure or Occupation of the said T. N. or of his Assigns To have and to hold all and singular the said Goods Housholdstuff and Implements of Houshold and every of them before by these presents bargained and sold or mentioned to be bargained and sold unto the said A. R. his Executors Administrators and Assigns for ever to do and dispose of them and every of them at his and their will and pleasure And the said T. N. for himself his Executors Administrators and Administrators doth covenant promise and grant to and with the said A. R. his Executors Administrators and Assigns by these presents that he the said T. N. his Executors Administrators and Assigns and every of them all and singular the said Goods Utensils Implements of Houshold and Housholdstuff before bargained and sold and every of them unto the said A. R. his Executors Administrators and Assigns against all and every other person and persons whatsoever shall warrant and for ever defend by these presents In witness c. A Bargain and Sale of Leases and Goods on Condition to pay Debts and Legacies BE it known unto all men by these presents That I A. T. of c. Have given granted bargained sold and by this my present Deed do give grant bargain and sell unto R. T. my Son all my Leases or Lands held by Lease for years and all my Goods and Chattels both real and personal both moveable and unmoveable quick and dead of what kind soever they be of and in whose Hands Custody or Possession soever they be To have and to hold to the said R. and his Assigns for ever to his and their own proper use and behoof for evermore upon condition following that is to say that the said R. shall well and truly content and pay or cause to be contented and paid all my Debts whatsoever and also shall pay and perform or cause to be performed and paid all my Gifts and Legacies which I the said A. T. shall ordain and appoint by my last Will and Testament In witnesâ— c. The form of an Award TO all Christian people to whom this present Writing of Award indented shall come G. M. of c. sendeth greeting in our Lord God everlasting Whereas divers Questions Controversies and Suits have been had moved and depending between J. P. of c. of the one party and R. H. of c. of the other party as well for and concerning the interest and profits of the Rectory and Parsonage of c. as also for other causes and actions for the appeasing whereof either of the said Parties have elected and chosen me the said G. M. to be Arbitrator indifferently between them and to that end have bound themselves either to other by Obligation in the sum of 100 l. to stand to and abide the Award Arbitrement and Judgment of me the said G. M. touching the premises Now know ye That I the said G. M. taking upon me the charge of the said Award and minding that a final end and agreement shall be had and continued from henceforth between the said Parties touching the premises do make and declare this my Award in manner and form following That is to say First I award c. A Protection in time of Parliament FOrasmuch as I have special Occasions to imploy the Bearer hereof A. B. my Servant in and about my Service and Occasions during this present Session of Parliament These are therefore to will and require you to forbear to arrest attach or imprison him the said A. B. but to permit and suffer him peaceably and quietly to go about his business at his will and pleasure during all this present time of Parliament without any your suit arrest or disturbance as you will answer the contrary at your peril Given under my Hand and Seal the c. A Surrender of Copy-hold Land by way of Mortgage MEmorandum That the day and year above-written E. L. of c. did out of Court by the hand of R. G. and J. F. two of the customary Tenants of the said Mannor Surrender by the Rod into the Hands of the Lord of the said Mannor two parcels of Land with the appurtenances containing by estimation seven acres or thereabouts one parcel whereof lieth in Hammersmith within the aforesaid Parishes of c. Between the Lands of G. L. and R. M. Esq on the East and the Lands of G. M. Gentleman on the Weft the Common Sewer on the North and the Lands of W. H. on the South and the other parcel of Land containing by estimation four acres being in c. between the Land of the Bishop of c. on the West the Glebe-lands belonging to the Parsonage of c. on the East the Lands of c. on the North and the Lands of the said E. P. on the South To the only use and behoof of J. P. his Heirs and Assigns for ever To have and to hold the said parcels of Land and every of them with their and every of their appurtenances unto the said J. P. his Heirs and Assigns for ever according to the custom of the said Mannor Provided alwayes nevertheless and upon this condition That if the said E. L. his Heirs or Assigns do well and truly content and pay or cause to be paid unto the said J. P. his Executors Administrators or Assigns the full sum of one hundred thirty and four pounds of lawful money
said J. H. well and truly satisfie and pay or cause to be satisfied and paid unto the said J. D. his Executors Administrators or Assigns at the said Brew-house all such Arrerages Debts Sum and Sums of Money as the said J. H. shall be found to be indebted and to â—â—e unto the said J. D. his Executors or Assigns or any of them at the time of such decease of him the said J. H. without fraud or coven That then this c. or else to c. The End of the First Part. Part 2. A Deed of Joynture whereby Tho. N. in consideration of a Marriage intended between Tho. his Son and Sarah Mer. granteth and infeoffeth Lands to Friends in trust under a Proviso to be void upon Assurance of other Lands by John N. Heir of Thomas the Father of as good value and to the like uses THis Indenture made the first day of June in the year of our Lord God according to the computation used in England 1651. between T. N. of c. of the one part and I. I. H. E. and S. R. of the other part witnesseth That the said T. N. for and in consideration of Marriage already agreed upon and shortly by Gods Grace to be had and solemnized between T. N. second Son of the said T. N. and Sarah M. single-woman Daughter of M. N. late of c. deceased and for the love and affection which he beareth to his said Son and for a competent Joynture to be had and provided to and for the said Sarah and for provision of maintenance for her and for setling the Inheritance of the Lands and Tenements herein after-mentioned to such use and uses and upon such trusts and confidence as are herein declared limited or expressed and for divers other good considerations him moving hath granted enfeoffed released and confirmed and by c. unto the said I. I. H. and R. and to their Heirs and Assigns for ever all that Messuage or Tenement with the appurtenances situate c. and one yard-Yard-land Meadow or Pasture to the said Messuage or Tenement belonging that is to say one Close c. and also all Houses Edifices Buildings Barns Stables Orchards Gardens Back-sides Courts void Grounds Lands Meadows Leasows Feedings Pastures Commons Woods Under-woods Trees Hedges Rowes Wayes Waters Ponds Pools Fishings Fishing-places Profits Commodities Hereditaments and Appurtenances whatsoever to the said Messuage Tenement Yard-land and Premises or any part or parcel thereof now or at any time heretofore belonging or appertaining and all Rents Reversions Remainders and Services of the said premises and every part thereof To have and to hold the said Messuage or Tenement and all and singular other the premises before mentioned meant or intended to be granted infeoffed and confirmed and every part and parcel thereof with the appurtenances to the said I. I. H. E. and S. R. to their Heirs and Assigns for ever to the only use intents and purposes hereafter in these presents limited expressed and declared and to none other use intent or purpose that is to say to the use and behoof of the said I. I. H. E. and R. S. and of their Heirs until the solemnization of the said Marriage between the said T. N. and Son and Sarah the M. and from and after the solemnization of the said Marriage to the use and behoof of the said I. I. H. E. and S. R. and of their Heirs for and during the natural life of the said Sarah and from and after the decease to the use and behoof of the said T. N. her Son for and during the term of his natural life and from and after the death of the said Sarah M. and T. N. to the use and behoof of the Heirs of the Body of the said Sarah M. by the said T. N. the Son begotten and to be begotten and for default of such Heirs to the use and behoof of the said T. N. the Son and of the Heirs of his Body and for default of such Heirs to the use of the said T. N. the Father and of his Heirs and Assigns for ever and the said T. N. the Father for himself his Heirs Executors and Administrators and every of them doth covenant promise and grant to and with the said I. I. H. E. and S. R. and every of them their and every of their Heirs and Assigns by these presents that he the said T. N. the Father at the time of the ensealing and delivery thereof is the true and lawful Owner of the Messuages Tenement and Premises and every part thereof and of and in the same and every part and parcel lawfully and rightfully seized of a good Estate of Inheritance in Fee-simple and also that he the said T. N. the Father at the time of the ensealing and delivery hereof hath full Power good Right and lawful Authority to grant convey and assure the said premises and every part thereof to the said I. I. H. E. and S. R. their Heirs and Assigns in manner and form aforesaid according to the true intent and meaning thereof and that the said Messuage Tenement and Premises and every part and parcel thereof with the appurtenances now be and are and so from time to time and at all times hereafter for ever shall or may be remain and continue unto the uses intents and purposes aforesaid and according to the true intent and meaning hereof clearly acquitted and discharged of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Mortgages Joyntures Statutes Recognizances Judgments Extents and of and from all other Titles Charges Troubles and Incumbrances whatsoever had made done committed or suffered to be done by him the said T. N. the Father or by any other person or persons whatsoever except one Indenture of Lease bearing-date c. made and granted of the premises by T. H. to the said N. H. and M. his Wise and to M. their Daughter for term of their Lives successively one after another at and under the yearly Rent of Forty shillings of lawful money of England quarterly to be paid by even portions and also except one other Lease or Indenture bearing date c. made and granted of the said premises by the said T. N. the Father of G. M. c. for One thousand years with a Proviso to be void upon payment made of certain sums of money at certain times therein mentioned whereof only one day is past and the money then due is paid and without any let interruption challenge claim disturbance or incumbrance of or by him the said T. N. the Father or his Heirs and without any lawful let or interruption challenge claim disturbance or incumbrance of or by him the said T. N. or any other person or persons claiming or to claim by or under him or his Estate Right Title or Interest except such as shall or may claim by or under the Leases before excepted or either of them and for the term thereby granted only and
presents remise release and quit-claim all Errors Writ and Writs of Error cause and causes of Error Misprisions and Mis-entries and Demands which they the said S. H. or either of them their or either of their heirs have or hereafter may or ought to have for or by reason of any Errors Imprision Mis-entry Erroneous obtaining or prosecution of the said Writ of Entry and Judgments aforesaid or any of them or other matter or thing whatsoever in or about or any way touching or concerning the said recovery or any the proceeding or prosecution thereof And the said S. N. for himself his Heirs Executors and Administrators and for every of them doth covenant promise and grant to and with the said J. F. his Heirs and Assigns and to and with every of them by these presents that he the said S. N. and H. his Wife at the time of the ensealing and delivery of the said recited Deed made to the said T. Y. and before mentioned to be enrolled as aforesaid were lawfully and rightfully seized in the right of the said H. of and in one full third part the whole in three equal parts to be divided of all and singular the Tenement Lands and Premises before herein mentioned in Fee-simple or Fee-tail and at the time of the ensealing the said Deed as aforesaid had full power good right and lawful authority to grant convey settle and assure the said third part in manner and form aforesaid according to the true intent and meaning of these presents and also that the said third part of the said Tenement Land and Premises before herein mentioned or intended to be conveyed setled or assured to the said J. F. as aforesaid now be and are and so from time to time and at all times hereafter for ever shall or may be remain and continue unto the said J. F. his Heirs and Assigns according to the limitation aforesaid and the true intent and meaning of these presents clearly acquitted exonerated and discharged or otherwise by them the said S. N. and Hester their Executors or Administrators well and sufficiently saved and kept harmless of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Mortgages Estates Joyntures Dowers Wills Covenants Entails Statutes-Merchant and of the Staple Recognizances Judgments Executions Extents Debts to the Common-wealth Sequestrations Debts of Record Fines Issues Amerciaments and of and from all other Titles Charges Troubles and Incumbrances whatsoever at any time heretofore had made done committed or suffered to be done or at any time hereafter to be had made done committed or suffered to be done by the said S. N. and Hester William King the younger and William King the elder Father and Grand-father of the said H. K. or any of them or by any other person or persons whatsoever claiming or to claim from by or under them or any of them and the said S. N. for himself his Heirs Executors and Administrators and every of them doth further covenant promise and grant to and with the said I. F. his Heirs and Assigns and every of them by these presents that he said I. F. his Heirs and Assigns and his and their Farmers and Tenants shall or lawfully may from time to time and at all times hereafter for ever peaceably and quietly enter into have hold use occupy possess and enjoy one whole third part of all and singular the Tenements Lands and Premises before mentioned and take receive and enjoy the Rents Issues and Profits thereof to his and their own use without any let interruption challenge claim disturbance or incumbrance of or by them the said S. N. and Hester or either of them their or either of their Heirs c. or of or by any other person or persons whatsoever lawfully claiming or having or pretending to have any lawful estate right title interest or thing of in to or out of the said granted third part from by or under the said Hester and he the said Father and Grand-father or any of them And further that the said S. For better assurance N. and Hester his Wise and the Heirs of the said Hester shall and will from time to time and at all times hereafter upon the reasonable request and at the costs and charges in the Law of the said I. F. his Heirs and Assigns make do suffer execute and acknowledge or cause to be made done suffered executed and acknowledged all and every such reasonable and lawful acts thing and assurances in the Law whatsoever for the further and better setling assuring sure-making and conveying to the said J. F. his Heirs and Assigns for ever according to the true intent and meaning of these presents the said third part before hereby mentioned or intended to be conveyed and assured of and in the Tenements Lands and Premises aforesaid by such wayes and means in the Law as by him the said J. F. his Heirs or Assigns or by his or their Council learned in the Law shall be in that behalf reasonably devised or advised and required for the making whereof the said S. N. or Hester shall not be compelled to travel above twenty miles from the place of his her or their dwelling or abode at the time of such request to be made nor to enter into any further or more general warranty or acquital than is herein comprized and the said S. N. and H. his wife for the considerations aforesaid have granted bargained and sold and by c. to the said J. F. his Heirs and Assigns all Deeds Charters Writings and Evidences which do touch or concern the premises aforesaid or any part thereof and all the Right Title and Demand of them the said S. and H. of in and to all and every or any the same Deeds Evidences and Writings In witness whereof all the said Parties have to each part of this Indenture Tripartite c. W. B. being possessed of Lands c. for a term of years the Inheritance of which Lands in Fee-simple were conveyed to R. R. and W. B. in trust to be disposed of as W. B. and his wife shall appoint contracts with W. for sale the assurance advised thus That for keeping on foot the term and preventing Incumbrances the term should be granted to W. D. himself and the Inheritance to W. D. his Son the Inheritance is conveyed to the Son as followeth THis Indenture c. between W. B. of c. R. R. and W.K. of c. of the one part and W. D. and W. D. of c. witnesseth That for and in consideration of the sum of c. to the said W. B. by the said W. D. the elder before the ensealing hereof paid as well for certain terms and interests by the said W. B. to him the said W. D. already made and granted of the parcels of Land herein after granted as for the Inheritance thereof hereby intended to be granted and conveyed the said R. R. and W. K. at the
c. to Eliz. her Sister in trust c. THis Indenture Tripartite c. between T. Geo. Esquire Son and Heir of Sir Tho. G. of c. Knight of the first part Ph. E. single woman and Daughter of c. of the second part and Eliz. B. Sister of the said Ph. B. of the third part witnesseth That whereas there is a Marriage agreed upon and shortly by Gods Grace to be had and solemnized between the said T. G. and the said Ph. B. and whereas the said P. B. is and standeth possessed and interessed in certain Leases Moneys Jewels Debts Goods and Chattels and whereas also the said T. G. by reason of the present distractions of the times is not able presently to assure unto the said P. B. such Joynture as is agreed on to be assured to her witnesseth now further this present Indenture that it is covenanted granted condescended unto and agreed upon by and between all the said Parties to these presents in manner and form following that is to say the said P. B. by and with the consent and good will of the said T. G. Party to these presents testified by being party and putting his Hand and Seal to one or more parts of this Indenture hath granted aliened assigned and set over and by c. unto the said Eliz. B. all such Mannors Messuages Lands Tenements Rents Services and Hereditaments whatsoever situate lying and being in c. or else-where in England whereof or wherein she the said Phil. is or standeth possessed or interessed and all her Estate Right Title Interest Claim and Demand whatsoever in and to the same Mannors Messuages Lands Tenements and Premises and every or any part thereof together with all Leases Deeds and Writings touching the same premises and every part thereof To have and to hold the said Mannors Messuages Lands Tenements and Premises and every part and parcel thereof with the appurtenances to the said Eliz. B. her Executors Administrators and Assigns from henceforth for and during all the respective time and times term and terms as she the said P. B. hath or ought to have thereunto to come and unexpired and also the said Ph. B. by and with the like consent and agreement of the said T. G. party to these presents testified as aforesaid hath granted and delivered and by c. to the said Eliz. B. all her Jewels Moneys Bonds Specialties Debts and other Goods and Chattels whatsoever before hereby mentioned meant or intended to be granted and delivered and every part and parcel thereof with the appurtenances to the said Eliz. B. her Executors Administrators and Assigns to the uses intents or purposes hereafter in these presents mentioned and declared and it is expressed and declared to be the true intent and meaning of all the said parties to these presents that the several Grants herein before made to the said Eliz. B. are so to her made upon trust and confidence in her reposed as well by the said T. G. Party to these presents as the said P. B. that in case the said Marriage take effect and that the said T. G. shall during the Coverture between him and the said Ph. cause to be assured by good and sufficient wayes and means in the Law to the said Ph. for her life and after her death to the Heirs of her body by the said T. party c. to be begotten the Mannors Messuages Lands Tenements and Hereditaments situate lying and being in the Counties of Wilts and Gloucester or either of them of the clear yearly value of 250 pounds of c. over and above all Rents Charges Deductions and Reprizes or that after such Marriage solemnized if the said Ph. shall happen to depart this transitory life before the said T. G. and before such assurance made as aforesaid which shall first happen she the said Eliz. B. her Executors Administrators and Assigns shall and will upon the reasonable request and at the costs and charges in all things of the said T. G. his Executors c. not only grant assign and set over to the said T. G. party c. his Executors c. all the said Mannors Messuages Lands Tenements Hereditaments and Premises before hereby granted or assigned by the said Ph. B. to the said Eliz. B. as aforesaid for all such time and times term and terms respectively as shall be then therein to come and unexpired discharged of all other Grants and Incumbrances made or done by the said Elizabeth except such as she shall make or do by consent of the said T. G. his Executors c. but also grant and re-deliver to the said T. G. his Executors or Assigns all such Moneys Jewels Bonds Specialties Debts and other Goods and Chartels whatsoever as in the mean time shall come to the hands of the said Eliz. her Executors c. by force of these presents and which shall remain or be in her or their hands custody or possession by the true meaning hereof and also that in such case she the said Elizabeth her Executors c. shall from time to time in the mean time after Solemnization of the said Marriage pay and deliver to the said T. G. all such Rents Issues and Profits of the said Mannors Lands Tenements Moneys and Debts as shall come to her or their Hands or Custody and also upon further trust and confidence in the said Elizabeth B. reposed that in case the said Marriage take effect and the said T. G. happen to depart this transitory life before the said P. B. and before he shall have assured or caused to be assured to the said P. B. any Mannors Messuages Lands Tenements or Hereditaments of the value aforesaid and in form aforesaid that then in such case she the said Elizab. B. her Executors c. shall and will not only re-grant re-assign and set over to the said Ph. B. all the said Mannors Messuages Lands Tenements and Premises before hereby granted or assigned by the said Ph. B. as aforesaid for all such time and times term and terms respectively as shall be then therein to come and unexpired discharged of all other Grants and Incumbrances made or done by the said Elizabeth B. her Executors c. except such as she shall make or do by the consent of the said P. H. but also re-grant and re-deliver to the said Phil. her Executors or Assigns all such Moneys Jewels Bonds Specialties Debts and other Goods and Chattels whatsoever as in the mean time shall come to the Hands or Custody of the said Eliz. her Executors or Assigns by force of these presents and which shall remain or be in her or their Hands Custody or Possession by the true meaning of these presents and the said T. G. for himself his Executors c. doth covenant promise grant and agree to and with the said Eliz. B. her Executors c. by these presents that neither he the said T. G. nor his Heirs c. nor any other person or persons claiming
so as to pay 20 l. per annum and Meat Drink c. to his eldest Son his Wife c. and after his decease to several other uses and profits THis Indenture c. Between R. C. of c. of the one part and J.P. C. P. and G. C. of the other part witnesseth That the said R. C. for divers considerations him thereunto moving and especially for the preferment of A. his eldest Son and next Heir and for the Joynture of Alice the now Wife of the said A. and for the preferment of the Issue between the said A. and Alice lawfully begotten and to be begotten hath given granted enfeoffed and confirmed and by c. unto the said J.P. C.P. and G. C. and their Heirs all that Mansion-house or Messuage with the appurtenances wherein the said R. C. now dwelleth set lying and being c. and all the Orchards Gardens Lands Tenements Pastures Meadows Woods Commons Profits Commodities and Advantages whatsoever to the said Messuage and Premisses belonging or in any wise appertaining or being accepted reputed or used as part parcel or member thereof and the Reversion and Reversions Remainder and Remainders Rents and Services of all and singular the aforesaid premises and every part and parcel thereof To have and to hold the said Messuage or Tenement Lands Meadows Leasoes Feedings Pastures Rents Reversions Services and Hereditaments and all and singular other the premises with their and every of their appurtenances unto the said J. P. C. P. and G.C. their Heirs and Assigns for ever to this end meaning intent construction and purposes that they c. and their Heirs and the Heirs of the Survivor or Survivors of them shall from henceforth stand and be seized of the said Messuage and all and singular other the above mentioned premises and of every part and parcel thereof to the uses intents and purposes hereafter in these premises limited and declared and to none other use intent or purpose whatsoever that is to say to the use and behoof of the said R. C. for and during his natural life so as and upon condition that he the said R. C. shall from time to time during his natural life pay or cause to be paid unto the said A. and Alice his Wife and the longest liver of them the sum of 20 l. by the year at the two most usual Feasts in the year that is to say the Feast of c. by even portions to be paid during the said term or within fourteen dayes next after every of the said Feast-dayes and the first payment to be had and made upon the Feast-day of c. and the same payments to be yearly had and made in manner and form aforesaid at or within the now dwelling-house of the said A. situate c. and also upon condition that he the said R. C. shall from time to time during his natural life find give and provide unto the said A. and the said Alice his Wife and to all such Children as shall between them begotten competent sufficient and convenient Meat Drink House-room and Lodging within his said Mansion-house and after the decease of the said R. C. the said Parties above-mentioned and the Heirs of the longest liver of them shall stand and be seized of all and singular the said premises with their and every of their appurtenances to the use and behoof of the said A. and of the said Alice his Wife and of the Heirs of their two Bodies between them lawfully begotten and to be begotten and for default of such Issue to the use and behoof of R. C. one other of the Sons of the said R. C. and of the Heirs males of his Body lawfully to be begotten and for default of such Issue to the use and behoof of W. C. one other of the Sons of the said R. C. and the Heirs males of his Body lawfully to be begotten and for default of such Issue to the use of the said R. C. of his Heirs and Assigns for ever R. C. covenanteth that he is lawfully seized hath power to grant that the premises shall remain free from Incumbrances proue usual A settlement by Fine and Recovery of several Mannors Lordships c. for the raising of Moneys for payment of Debts and Childrens portions as also for entailing thereof under several Provisoes and Legacies THis Indenture Tripartite c. between the Right Honourable Edward Lord Herbert and Richard Herbert Esq Son and heir apparent of Dame Mary late wife of the said Edward Lord Herbert and sole Daughter of Sir William Herbert of St. Julians in the County of Monmouth Knight deceased of the first part the Right Honourable John Earl of Bridgewater and Edward Herbert of the Inner-Temple London Esq of the second part and Moses Loyd of c. and Henry Githins of c. of the third part witnesseth That whereas the said Edward Lord Herbert or some in trust for him is or are seized in his or their Demeasn as of Fee of some part of the Lands Tenements and Hereditaments hereafter mentioned and is also seized for term of his life as Tenant by the courtesie of England of the Mannors Messuages Lands Tenements and Hereditaments hereafter specified the Reversion thereof in Fee-simple being descended by and after the decease of the said Mary unto the said Richard Herbert now to the end that the Mannors Lordships Messuages Lands Tenements and other Hereditaments hereafter mentioned and expressed may be established vested and setled unto the said Edward Lord Herbert during his natural life and after his decease upon the said Richard Herbert and upon his name stock and posterity and to such other uses intents and purposes as are hereby appointed it is covenanted promised granted condescended concluded and agreed by and between the said parties to these presents and the said Edward Lord Herbere and Richard Herbert do for themselves their Heirs Executors Administrators and Assigns covenant promise and grant condescend and agree to and with the said John Earl of Bridgewater and Edward Herbert their Heirs Executors Administrators and Assigns and to and with every of them by these presents that they the said Edward Lord Herbert and Richard Herbert shall and will on this side and before the end of Michaelmas Term next ensuing and coming after the date of these presents in due form of Law and at the equal costs and charges in the Law of the said Edward Lord Herbert and Richard Herbert levy and acknowledge to the said Moses Loyd and Humphry Githins and the Heirs of the said Moses one or more Fine or Fines sur conuzance de droit come ceo c. with Proclamations thereupon to be had and made according to the form of the Statutes in that behalf made and provided of all that Capital Messuage or Mannor-house of St. Julians with the Rights Members and Appurtenances thereof and of all and singular the Mannors Lordships Messuages Lands Tenements and Hereditaments whatsoever of them the said Edward
Edward Lord Herbert and his Heirs in the manner aforesaid shall cease determine and be utterly revoked frustrate and made void and then also it shall and may be lawful to and for the said Richard Herbert party to these presents by the same Deed or Deeds or by any other Deed or Deeds to be signed sealed and delivered by him the said Richard Herbert as aforesaid to declare limit or appoint any other new use or uses estate or estates whatsoever of the said premises of for or concerning which any such revocation shall be so made or any part or parcel thereof unto any person or persons whatsoever subject nevertheless to the said use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert and his Heirs in the manner aforesaid any thing in these presents contained to the contrary thereof in any wise notwithstanding and that then also and from thenceforth the said recovery and recoveries as to such of the premises concerning which any such revocation and new declaration shall be so made to such uses intents and purposes as the said Richard Herbert party to these presents by any such Deed or Deeds as aforesaid shall declare limit or appoint Provided also and it is c. that if the said Edward Lord Herbert and Richard his Son shall both of them be minded to make sale of the Mannors Lands Tenements and Hereditaments within the County of Monmouth or any of them other than such as herein are before limited to the said use of the said Richard Herbert party to these presents and his Heirs in possession which Sales is not meant or intended by any of the parties to these presents to be made but for raising of money to be imployed and bestowed upon the purchase of some other Lands of as good value or in some other place or places to be setled and estated to the same uses and estates and with the same powers and provisoes and in the sort and manner as those Lands so to be sold are hereby limited and mentioned to be setled and estated and being both so minded shall at any time during their Joynt-lives by any Deed or Deeds Writing or Writings to be by him the said Edward Lord Herbert and Richard Herbert his Son party to these presents sealed and subscribed in the presence of two c. declare and publish their mind intent and meaning to be to revoke alter and frustrate the said uses and estate before in these presents mentioned declared limited or appointed or any of them or for or concerning the said last mentioned Mannors and Premises or any of them or any part or parcel thereof or any of them that then from and after such Declaration or Publication so to be made as aforesaid the same use and uses estate and estates in and by these presents limited expressed declared or appointed of for or concerning the which any such declaration or limitation shall be made as aforesaid shall cease and become utterly void frustrate and of none effect to all intents constructions and purposes whatsoever and that then and from thenceforth the said recovery and recoveries so as aforesaid or in any other sort to be had and suffered shall be and enure and the Recoverer and Recoverers therein named his and their Heirs shall stand and be seized of and in the said Mannors Lands and Premises last mentioned or so much or such part thereof concerning which any such Declaration or Publication shall be made as aforesaid to such uses intents trusts and purposes as the said Edward Lord Herbert and Richard party to these presents by any Deed or Deeds c. sealed and subscribed in the presence of two c. shall declare limit or appoint And it is further c. for the considerations aforesaid that in case any of the said Mannors intended to be comprized in the said Fine or Fines Recovery and Recoveries shall be omitted or left out and not be comprized in the said Fine or Fines Recovery or Recoveries or in case there shall happen to be any defect in the assurance of the premises or any of them according to the true c. that they the said Edward Lord Herbert and Richard Herbert party to these presents their Heirs and Assigns and all and every other person and persons which now are or hereafter shall be seized of and in such of the said Mannors c. as shall be so omitted or left out and not to be comprized as aforesaid or whereof such Fine or Fines Recovery or Recoveries shall not be levied and had or whereof the assurance hereby intended to be made shall be any way defective shall stand and be seized thereof and every part and parcel thereof with their and every of their appurtenances and the reversions thereof to and for the several and respective estate and estates thereof herein before severally and respectively limited unto them or any of them as aforesaid under the several Provisoes herein before mentioned and to none other uses intents and purposes In witness c. J. W. being seized of a Mannor and other Lands conceiving he should die without Issue and intending to settle the same to good uses by Deed granteth and conveyeth the same to A. B. C. c. in trust to the use of himself for life and after of Rachel his wife for life the remainder to the Heirs of his Body and in default of such Heirs to grant the same as he should by Will or other writing limit or appoint c. with several Provisoes c. THis Indenture made c. between J. W. of c. of the one part and A. B. C. D. c. of the other part witnesseth That the said J. W. for and in consideration of the better confirmation and strengthening of a Joynture already made and granted to R. his now wife and for her better maintenance and livelihood in time to come and for the natural love and affection which he the said J. W. beareth to the Heirs of his body begotten and to be begotten and for setling and establishing of the Inheritance of the Lands and Tenements hereafter mentioned to and in the said A. B. C. D. c. and their Heirs to the uses intents and purposes hereafter specified Hath given granted enfeoffed and confirmed and by c. unto the said A. B. C. D. c. their Heirs and Assigns for ever all that the Mannors Capital Messuages and Farm of B. in c. with the rights members and appurtenances thereof and all that the Advowson Patronage and Gift of the Parish-Church of B. and all and all manner of Houses Edifices Dove-houses c. and all those Thirteen Messuages or Tenements c. and all Shops Cellars Sollers c. and all other the Messuages Lands Tenements Reversions Services and Hereditaments whatsoever which he the said J. W. standeth seized of any Estate of Inheritance within the Counties of c. aforesaid or else-where within the
of c. Knight by his Obligation bearing date the day of the date above-written is and standeth bound unto the above-named R. N. in the sum of c. for the true payment of c. on the c. next ensuing the date above written at or in c. as by the same Obligation may appear And forasmuch as the said R. N. hath credited the said F. C. for the said sum of c. at the request of the above-bound A. M. and upon his the said A. M's promise and undertaking to pay unto the said R. N. his Executors Administrators or Assigns the said sum of c. within three moneths next after the day of c. with consideration for the forbearance thereof after the rate of 8 l. per cent in case the said Sir F.C. his Executors Administrators or Affigns do not pay the said c. on the said c. next coming if therefore the said F. C. his Executors Administrators or Assigns do not well and truly pay or cause to be paid unto the said R. N. his Executors Administrators or Assigns the said sum of c. on the said c. next following and at the place of payment aforesaid then if the said A. M. his executors administrators or assigns do not well and truly pay or cause to be paid unto the said R. N. his Executors Administrators or Assigns the said Summe of c. on the said c. then next ensuing and at the place and payment aforesaid he the said R. N. his executors administrators or assigns upon the payment or receipt thereof delivering up unto the said A. M. his Executors Administrators or Assigns the said Obligation wherein the said F. B. standeth bound unto him as aforesaid that then c. A Condition that if the Obligee do not receive the sum of c. of the c. according to a Letter of Attorney then the Obligator to pay the said sum in the c. next after THe Condition c. That whereas the above-bound T. P. hath by Deed or Letter of Attorney bearing date the day of the date above-written authorized and appointed the above-named G.M. to ask and receive of and from the Commissioners appointed for the payment of Moneys to Souldiers the full sum of 17 l. of c. as by the same Letter of Attorney may at large appear If therefore the said G. M. his executors administrators or assigns shall not receive the said sum of 17 l. from the said Commissioners on or before the c. next ensuing the date within-written then if the said T. P. his Executors Administrators or Assigns do well and truly pay or cause to be paid unto the said G. M. his Executors Administrators or Assigns the said sum of 17 l. c. on the c. next ensuing the date above-written at c. without fraud or coven that then c. A Condition for payment of Money within ten dayes next after delivery of assurance of Land THe Condition c. That if the within-bound K.T. his Heirs Executors Administrators or Assigns or any of them do pay or cause to be paid unto the within-named H. E. the full summe of 100 l. within ten dayes next after that he the said H E. or his Heirs shall make and deliver or cause to be made and delivered unto the said I.T. or his Heirs a good perfect and lawful assurance in the Law in Fee-simple of and in certain Lands Tenements and Hereditaments lying and being in D. or elsewhere in the County of S. amounting in the whole to the yearly value of 40 l. according to the tenor and plain meaning of certain Articles indented bearing date the day of the date of these presents made between the said H. E of the one party and the said I. T. of the other party that then c. A Condition to procure one to seal the Counter-part of an Indenture THe Condition c. That if I. J. Son of the above-bound R.I. do and shall when he shall accomplish the full Age of Twenty one years upon request to him made sign and deliver as his act and deed unto the use of the within-named G. C. and H. C. the Counterpart of one Indenture bearing date c. made between c. and the said Counterpart being so sealed and signed as aforesaid shall deliver or cause to be delivered unto the said G. C. his c. safe whole uncancelled and undefaced that then c. A Condition to permit the Obligee to receive Rents and Tythes to his own house THe Condition c. That if the within-named N.B. his Executors dministrators or Assigns shall and may at all times hereafter and from time to time ask collect gather perceive receive take keep and enjoy to his and their own onely use and behoof all and all manner of rents issues tythes fruits obligations obventions offerings profits commodities and advantages whatfoever they be and of what quality nature kind or condition the same be now belonging or appertaining and now being due or which hereafter shall belong appertain grow or become due to W.A. Clerk as Parson of the Parish-Church of c. out of or belonging to the Parsonage of c. or any parcel thereof of all and every person or persons whatsoever for and during so long time as the said W.A. shall be or of right ought to be Parson of the Parsonage aforesaid and also all and singular arrerages of the premisses without let interruption or disturbance of the within holden R. his Executors Administrators or Assigns or of any other person or persons claiming by of or from the said R. or by his assent means or procurement and also if neither the said R. at any time heretofore hath released nor that he his executors nor administrators at any time hereafter shall release acquit or discharge the said W. A. his executors or administrators of or concerning any Bond Covenans Authority Contract or Agreement heretofore had or made by the said W. A. to the said N. and R. touching or concerning the premisses or any of them nor do any act or acts whereby or by reason whereof the same obligations bonds writings covenants authority contract or agreement or any of them shall in any wise be made frustrate or void And also if the said R. do permit and suffer the said N. to have take and enjoy to his and their own use the whole profit benefit advantage and commodity which shall or may arise or grow for upon or by reason of the said obligations bonds writings covenants authority contract or agreement or any of them that then c. A Condition to save one harmless from all debts that may be duly demanded as Executor of c. and also that one shall seal a Release when she comes to the Age of c. THe Condition c. That if the above-bound E.T. and W.T. their Executors Administrators or Assigns or any of them do and shall at any time
their use testifying the receipt thereof and the said sum of c. had and received as aforesaid thereout to satisfie and pay unto the said T.C. his Executors Administrators and Assigns the said sum of c. on the said c. in discharge of the recited Obligation and the remainder of the same to detain and keep to the onely use and behoof of me the said R.B. my Executors Administrators and Assigns and thereof be accomptable giving and by these presents granting unto the said R.M. his Executors Administrators and Assigns full power and lawful authority for me and in my name stead and place to do or cause to be done all and every such act and acts thing and things as he or they shall think meet or requisite to be done concerning the premisses by these presents as if I my self were then and there personally present And I shall and will ratifie allow and maintain all and whatsoever the said R. M. his Executors or Assigns shall lawfully do or cause to be done in or about the premisses by these presents In witness c. A Letter of Attorney to make Leases of Lands and to make sale of Woods and Goods and to make a Grant of a Stewardship during pleasure TO all c. E.M. of c. and wife of me the said E. Daughter and heir of c. and sole Executrix of the last Will and Testament of T. S. Esquire deceased send greeting in our Lord God everlasting Know ye That we the said E. and M. for divers good and reasonable causes and considerations us especially moving have given and granted and by these presents do give and grant unto our very trusty and well-beloved Friend J.T. of c. the Office of the Stewardship of all those our Mannors Lordships Lands Tenements and Hereditaments within the Counties of c. late the Lands and Tenements of the said T. S. and him the said J. T. Steward of the said Mannors Lands and Tenements do by these presents nominate appoint make create and constitute to have exercise use and hold the said Office with the appurtenances unto the said J.T. for and during our will and pleasure and we do by these presents further give and grant unto the said J.T. full power liberty license and authority for us and in our names not only to demise grant let and to set out by Copy or Court-Roll according to the customes of the said Mannors respectively to such person or persons in Fee-simple Fee-tail or term of life lives or years and for such fines rents and services as to the said J. T. shall be thought meet and convenient all such Copy-hold and customary Lands of the said Mannors or any part or parcel thereof which now are demisable or grantable or lawfully may be demised granted or set out within the said Mannors or any of them but also to do perform execute use and accomplish all and every other acts things demise or matter which any Steward or Stewards of the premisses or any of them at any time heretofore might or could do or which we may or can in any wise licence or authorize the said J.D. or give commission or power unto him to do execute perform or undergo And furthermore we the said E. and M. for divers good considerations and upon mature advice and deliberation have given and granted and by these presents do give and grant unto the said J.T. and our trusty servants J.E. and C.B. or to two of them whereof the said J.T. to be one full power liberty licence and authority for us and in our names by writing indented or otherwise to demise grant let and to set out for life lives or years all and singular the said lands tenements and hereditaments or any part or parcel thereof to such person or persons and for such sum and sums of money and for such rents and services and with and under such covenants conditions limitations articles and agreements in such manner order form and sort as to the discretion of them the said J. T. J. E. and C.B. or two of them whereof the said J.T. to be one shall seem meet and convenient and also to grant bargain and sell the Woods Trees and Under-woods of the premisses and every or any part and parcel thereof and to grant bargain and sell all such goods chattels and substance which we or either of us have or ought by any means or title to have within the said Counties to such person or persons and for such sum and sums of money and in such manner and form as to the said J.T. J. E. and C. B. or two of them whereof the said J.T. to be one shall be thought good and reasonable And moreover we the said F. and M. have named appointed ordained and constituted the said J. T. or two of them whereof the said J. T. to be one our true and lawful Atturneys to ask demand recover levy receive and gather in our names and to our use not onely all such rents and arrearages of rents debts duties and services that by any means degree or sort are due and payable unto us or either of us or that we ought or should have of any person or persons within the said Counties and in our names or in the name of either of us as the case shall require to sue arrest and implead such of the said persons as will not make payment of the said rents services debts and duties and of every of them and to sue execution upon any condemnation in that behalf and also in our and either of our names to make seal and deliver releases acquittances or other discharges of or for the said rents debts duties and services in every or any of them to any person or persons in such manner sort and form as to the said I.T. c. or to two of them whereof c. shall be thought meet and convenient and whatsoever the said I. T. shall do in c. for or touching the demising granting or setting out of the said Copyhold or customary Lands as a Steward of the premisses aforesaid and whatsoever the said I. T. c. or any two of them whereof c. to be one shall do use or cause to be done in for or touching any other thing or matter before mentioned we do by these presents grant and promise for us our heirs executors and administrators to establish ratifie confirm stand to allow avow as fully and as perfectly to all intents constructions and purposes as though the same were done by us our selves actually in our proper persons In witnesse c. A Warrant for an Attorney to confess a Judgement in case satisfaction be not made by a certain day MAster Barnet Whereas I E. F. Esquire together with C. D. c am and stand bound by Obligation in the Sum and Penalty of c. conditioned for payment of c. at a certain day long since past if in case I the said E
mentioned in the said Schedule cannot be presently sold for the best benefit and advantage of the said M. F. that the same goods and chattels shall remain and continue in the custody and possession of the said I. F. for the use and behoof of the said M.F. his c. for and during the space and time of six moneths next after the date hereof and if any of the said goods and chattels mentioned in the said Schedule hereunto annexed have been already or hereafter during the said space of six months shall be sold or disposed of by the said I.F. his Executors Administrators and Assigns then he the said I. F. for himself his Executors and Administrators and for every of them doth by these presents covenant promise grant and agree to and with the said M. F. his Executors Administrators and Assigns to give a true and just accompt or accompts together with the proceed or encrease thereof in writing unto request made and to pay or cause to be paid unto him the said M. F. his Executors Administrators or Assigns all such sum or sums of Money as shall be found due upon the said accompt or accompts so to be made or given and at the end and expiration of the said term shall and will well and truly deliver or cause to be deliver'd unto the said M.F. if the said I.F. his executors c. shall be thereunto required the residue and remainder in specie with the proceed and encrease thereof of all such goods and chattels mentioned in the said Schedule or Inventory as shall be so sold or undisposed of the said M.F. his Executors Administrators or Assigns allowing in the mean time unto the said I. F. his Executors or Administrators all the benefit and advantage of the Wooll Milk and work of the Cattel comprized in the said Schedule hereunto annexed and the use of the other goods comprized in the said Schedule or Inventory for the pains and care of the said I. F. to be taken in and about the selling disposing and keeping of the said goods and chattels or any of them In witnesse c. A Lease of Lands in Barbadoes THis Indenture made c. between R. C. of c. and M. S. of c. witnesseth That the said R. C. for divers good causes and considerations him hereunto especially moving hath demised granted and to farm letten and by these presents doth demise grant and to farm let unto the said M. S. all that his own shâ—â—eâ— part and portion of Land containing in all by estimation forty acres of Land be it more or less scituate and being in c. as the same was lately and now is separated and divided from other Lands now inhabited by the English Merchants and Planters or their assigns and allotted unto the said R.C. for one of his shares of his Adventure with the said Company of the said Islands and now are or late were in the Tenure or Occupation of R. P. or his Assigns and also one Acre of Land being part or parcel of c. lying within c. likewise allotted unto the said R. C. for another share of his Adventure to the said Island the same Acre of Land to be measured and set out in some convenient place of the said share of Land adjoyning upon or near unto the fresh water together with free ingress egress regress way and passage to and for the said M. S. his Executors Servants and Assigns by and through c. at all convenient times and by all fitting and convenient wayes and passages to fetch water from the Springs and Rivulers thereunto adjoyning as need shall require To have and to hold the said share of Land and acres of Land and all other the above demised or meant mentioned or intended to be demised premisses with their and every of their rights members and appurtenances unto the said M.S. his c. from c. for and during the term of c. M.S. his c. yielding and paying therefore yearly and every year during the said term of c. unto the said R.C. his c. the moiety or one half part of all the profits and gains whatsoever which shall yearly be made or raised by or by means of the digging setting planting sowing manuring and imploying the said Lands and premisses above by these presents demised or meant or mentioned to be demised and every or any part thereof or by any other ways or means whatsoever the same to be yearly and every year once or oftner as Shipping may conveniently be had sent into England to and for the use of the said R. C. his Heirs and Assigns for and in full satisfaction and payment of all manner of Rents whatsoever and the said M S. for him his c. doth covenant and grant to and with the said R.C. his c. by these presents in manner and form following that he the said M. S. shall and will once in every year yearly or oftner during the said term hereby granted and as shipping may be conveniently had as aforesaid make and send unto the said R. C. his Heirs or Assigns a just and true account how the same Lands and premisses hereby demised have untill that time been imployed and used and likewise with the same accompt shall and will send and deliver or cause to be delivered unto and for the use and behoof of the said R C. his Heirs and Assigns unto the City of London the said moiety or one half-part of all the encrease profit and gains above by these presents reserved which shall happen to be accrued or risen by the means of the husbanding and employing of the said Lands and premisses by these presents demised and also shall and will from time to time send and deliver together with the said Rent above reserved unto the said R.C. his Executors or Assigns all the other moiety or half-part of all the profits and gains which shall happen to be accruing and arising by means of the said husbanding and imploying of the said Lands and premisses in sort as is aforesaid or so much thereof over and above the said Rent as shall be due and payable by vertue of these presents until the Sum of c. shall be fully satisfied and paid unto the said R. C. his c. which Sum he the said R. C. at and before the ensealing of these presents did disburse and lay out for the furnishing of the said M. S. with implements utensils and other necessaries to be used and imployed in and about the manuring managing and dressing of the said Lands above-mentioned to be demised And further That he the said M. S. his Executors Administrators or Assigns or some of them shall and will from time to time and at all times hereafter during the continuance of this demise in good order of husbandry set sow plant and imploy the Lands and Premisses hereby demised to the best advantage according to the Custom of the Countrey
these presents in case the estate thereof had been perfectly assured unto them or any of them according to the true meaning of these presents In witnesse whereof as well the said V. as the Feoffees have put c. Memorandum of the Seizin executed with the Tenants of one of the said Mannors Atturnment MEmorandum That the sixteenth day of c. Livery of Seizin was delivered and given by W. W. one of the Atturneys mentioned in the Indenture hereunto annexed of in and upon the Lands of the Farm of O. parcel of the Mannor of T mentioned in the said Indenture and also of in and upon the Mannor-house and demesne-Lands of T. by the assent of J. P. Lessee for years of the same saving his term and also of in and upon the Coppice-woods called T. P. to R. B. one of the Feoffees contained in the said Indenture according to the tenour purport and intent mentioned in the said Indenture and for and in the name of the said Mannors of T. and all other the Lands Tenements and Hereditaments mentioned in the said Indenture scituate and being within the said C. and in the name and behalf of all the Feoffees mentioned in the said Indenture And the Tenants of the said Mannor whose names are immediately under-written at the same execution hearing the Indenture read did atturn and fully assent to the same according to the tenour purport intent and uses in the same Indenture mentioned An Indenture for the equal division of Goods where there are four Administrators together they bearing and allowing me with another equal parts of Charges in Law in getting in the same and like parts of all recovered against them THis Indenture Quadripartite made between J. C. of c. on the first part W. C. of c. of the second part c. Whereas the said J. C. and A. his Wife W. C. and A. his wife H. H. and H. his wife and N. C. and E. his wife in the right of the same their wives together with J. H. brother of their said wives have had and taken upon them the Administration of the Goods and Chattels of C. W. widow deceased late the wife of J. W. late of L. Dyer deceased And whereas also so much of the goods chartels and debts which were of the said C. as are already come to his hands are divided into five several parts whereof every of the said J. C. W. C. H. H. and N. C. in the right of their said wives and also the said J. H. have severally had and taken their several parts of the same and now are thereof severally possessed Now this Indenture witnesseth That it is covenanted granted and agreed between the said Parties and the said J. W. H. and N. for themselves and their said wives and for their Executors and Administrators and for the Executors and Administrators of every of them do severally covenant grant and agree every of them with the other by these Indentures in manner and form following viz. That all the residue of the goods chattels and debts which were of the said C. in possession or in right which at any time or times hereafter shall come to the hands of any of the said Parties or of the Executors or Administrators of any of them shall be divided and parted into 5. equal parts as aforesaid from time to time as the same shall happen to come to the hand of any of them whereof the said J. H. to have one part of the said five parts and that then the other four parts thereof shall from time to time be equally divided betwixt the said J. W. H. and N. and their several Executors and Administrators without benefit of Survivorship by any means to grow to such of the said Parties or their wives as shall fortune to survive And it is further covenanted betwixt the said Parties in form aforesaid severally That if any Action or Sute be now depending or hereafter shall be commenced against the said Administrators of the said C. W. or any of them for any thing wherewith they shall be chargeable in the Law by reason of the said administration by them taken as aforesaid That then in every such case the said J. W. H. and N. their Executors and Administrators and every of them severally for his own part upon notice and request made and given by any one of them to the other or by any of their Executors or Administrators shall bear and pay one equal fourth part of all charges and expences to be laid out in the defence of any such Sute and one like fourth part in execution and to the satisfaction of any Judgment and Recovery which shall happen to be given or had against them or any of them in any such Sure or Action as aforesaid And that they the said J. W. H. and N. their said Wives their Executors or Administrators and the Executors or Administrators of every of them severally for their own part upon like reasonable request shall and will do knowledge and suffer in the Law towards the other of them all and every thing and things which from time to time shall be requisite or needful to accomplish and perform their Accord Covenant and Agreements made amongst them by these presents according to the purport and true meaning of the same And moreover That they the said Parties their Executors and Administrators and every of them upon like request as aforesaid shall notifie expresse and truly declare from time to time to the other all such goods chattels and debts whatsoever which were of the said C. and which they shall know and understand to be in any place or custody and not parted distributed severed and divided according to the tenor and effect of these presents to the intent every of them may have his or their equal parts thereof according to the tenour of these presents without fraud or coven And that for recovery of any debts goods and chattels which were of the said O. to be had and recovered to and for the use of the said Parties their Executors and Administrators and of the said J. H. and in manner and form aforesaid They and every of them shall for their equal four parts bear and sustain one equal fourth part of all costs and charges in and about all and every the said Recovery and Recoveries to be born and sustained from time to time as shall be needful and reasonable And it is further covenanted granted and agreed betwixt the said Parties the said Parties and every of them do also for them their Executors and Administrators severally covenant and grant to and with the other by these presents That if it fortune the said J. H. do dye intestate by reason whereof any of the goods chattels money plate or jewels of the said J. shall grow or come by reason of Law unto the said Parties or their wives or any of them that then the Survivor or Survivors of the said Parties or their said
the said Lands are or may be charged and for saving him harmless from all damages whatsoever which may or might at any time hereafter happen to fall upon the said T. G. his Heirs or Assigns or or upon any of the said lands and premisses of any other the Lands of the said T.G. for or by reason of any the debts of the said I.C. and W. C. his deceased father or either of them and whereas the said T.G. at the time of the ensealing of the presents at the request of the said R.I. hath paid the said sum of 628 l. to the said I.C. and R.I. or one of them or to such as were appointed by them or one of them to receive the same Now that the said R.L. and I.C. have received the said sum of 628 l. of and from the said T.G. the receipt whereof they do hereby acknowledge and that the same in the last payment and in full satisfaction of and for all the Lands Tenements and Hereditaments which the said I. C. had in the County of O. and which the said T. G. purchased and thereof and of every part and parcel thereof they do clearly and absolutely acquit and discharge the said T. G. his Heirs Executors and Administrators for ever by these presents And in consideration of the premisses the said R. I. and I. C. do for themselves joyntly and either of them for himself severally doth covenant promise and grant to and with the said T.G. his Heirs Executors and Assigns that they the said R.I. and I.C. shall and will from time to time and at all times hereafter save defend and keep harmless the said T.G. his Heirs Executors and Assigns and also all the said Lands and Premisses in C. aforesaid or elsewhere in the County of O. so purchased by him the said T.G. and all others his Lands Tenements Goods and Chattels of and from all loss and damage whatsoever which shall happen arise or befall for or in respect of any the debts of the said W.C. and I.C. or of either of them In witness c. A Proviso to be inserted in a Lease or a power of Revocation reserved PRovided always That if the said c. his Executors or Administrators or any of them shall at any time hereafter pay or tender unto the said W.W. his Executors c or to any other person or persons whatsoever to and for the use of the said W.W. his c. the sum of 12 l. of lawfull money of England to the intent to make void this present Lease and Demise and shall express and declare such his her or their intention either by word or writing that then and from thenceforth this present Lease and Demise shall cease and be void In witness c. A Presentation of a Minister to a Living decording to the Form now used TO all Christian People to whom this present Writing shall come we A.B. and C.D. the true and undoubted Patrons of the Vicaridge or Parish-Church of C. in the County of S. send greeting for as much as the said Vicaridge or Parish-Church is lately by the death of E.F. the late Incumbent there become void and in our full right of Presentation we do therefore hereby present you G. H. Clerk Mr. of Arts unto the Church of C. aforesaid and to the Vicaridge thereof to have hold and enjoy the same with all and every the rights members and appurtenances thereunto belonging according to several former and late Acts of Parliament in this case provided doing and performing the duties of a Pastor belonging to the said Church In witness whereof we have hereunto subscribed our names and set our seals this _____ day of _____ in the Year of our Lord God One thousand six hundred and fifty two A Lease of a Parsonage impropriate for three lives upon surrender of a former Lease with extraordinary Covenants with a Letter of Atturney to deliver possession together with the Execution thereof endorsed THis Indenture made the 5th day of March in the Year of our Lord God 1651. Between R.S. of the City of Oxford Gent. of the one part and W.P. of London Esq of the other part Witnesseth that the said S. W. for divers good causes and considerations him hereunto moving and especially in consideration of a Surrender made to the said W.C. of a Lease now in being for three lives bearing date the 28. of March in the Sixth year of the Reign of the late King Charles made by I.S. father of the said W.S. party to these presents deceased to Sir H.M. deceased of the parsonage of Bray and other things hereafter in these presents mentioned hath demised granted and to farmlet and set to the said W.P. the scite of the parsonage of Bray in the County of B. and all the houses upon the said scite builded arable Lands Meadows Leasows and Pastures Demesnes as well in several as in common to the said Parsonage belonging and all the Rents of all the Tenements of the said W. S. as well Freeholders as Customary Tenants and all the Tithings of Corn and Hay to the said Parsonage belonging with all other the profits and commodities to the said Parsonage belonging or appertaining except and to the said W.S. and his Heirs and Assins alwayes reserved all Wards Marriages Reliefs Escheats Fines Heriots Amerciaments Woods and Underwoods and the Advowson of the Parish-Church of Bray when and as oft as it shall be void To have and to hold the said scite of the Parsonage aforesaid and all the said Houses Lands Meadows Leasows Pastures Tithes and other the premisses with all and singular the commodities and profits thereunto belonging with their appurtenances except before excepted to the said W. P. his Executors Administrators and Assigns for and during the lives of the said W.P. and M.P. his wife and T.P. Son of the said W.P. and for and during the natural life of the longer liver of them or any of them yielding and paying therefore yearly during the said Term unto the said W.S. his Heirs and Assigns Four pounds of good lawfull money of England at four Feasts or Terms of the year That is to say at the Feast of Saint Thomas the Apostle the annuntiation of the blessed Lady Saint Mary the Virgin the Nativity of Saint John the Baptist and St. Michael the Arch-angel by even and equal portions and if it happen the said yearly rent of Four pounds or any part or parcel thereof to be behind and unpaid after any of the said Feasts above limited for payment thereof during the said Term by the space of one month that then it shall be lawfull to and for the said W.S. his Heirs and Assigns into the the said scite and all other the premisses to enter and distrain and the distresses there taken to lead drive and carry away and do detain in the same till the said Rent and the Arrerages thereof if any shall be they shall be fully satisfied and contented and if
by force thereof stand and be seized of the Messuage or Tenement Close Lands Meadows and Premisses To suffer a Recovery untill a good and perfect common recovery with a double Voucher over may be duly had and executed of and for the said Messuage or Tenement Lands Meadowes and Premisses according to the course of common Recoveries for assurance of Lands and Tenements in such cases used And it is hereby fully declared and agreed by and between all the parties to these presents That after the said Fine or Fines so to be levied of the said Messuage Lands and Premisses as aforesaid he the said T. M. shall and will permit and suffer him the said H. H. to bring and pursue against him the said T.M. one or more Writ or Writs of Entry sur Disseisin in le post returnable before his Majesties Justices of his Majesties Court of Common-Pleas at Westminster by which he the said H.H. shall demand against him the said T.M. all and every the said Messuage Lands Meadows and Premisses by the name or names of one Messuage one Garden one Orchard Forty Acres of Land six acres of Meadow six acres of Pasture and Common of Pasture for all Cattel with the appurtenances in W. and R. or one of them in the said County of B. or by whatsoever other name or names quantity or number of Acres as to the said H. H. shall seem meet To which Writ or Writs the said T. T. shall appear gratis and shall enter into the Warranty and shall vouch to warranty the said T.B. party to these presents who also shall appear and enter into the warranty and shall vouch over the Common Vouchee who also shall appear and enter into the warranty for the said Premisses and after make default so that a good and perfect Common Recovery with a double Voucher over may be duly had and executed of and for the said Messuage or Tenement Close Lands Meadows and Premisses according to the course of Common Recoveries in such cases used And it is hereby further declared concluded The declaration of the use expressed and agreed by and between all the Parties to these presents And the true intent and meaning of all the parties to these presents and of these presents is That after the said Recovery suffered and executed of and for the said Premisses or any of them as well the said Recovery as also the said Fine and all Fines and Recoveries suffered and levied or to be suffered levied or acknowledged by or between the said parties to these presents or any of them of and for the premisses or any of them shall be and enure and hereby and by all the parties to these presents are and shall be adjudged deemed and taken to be and enure To the only proper use and behoof of the said T. B. party to these presents and of his heirs and assigns for ever And to none other use intent or purpose whatsoever In witness whereof the parties abovesaid c. A Re-demise of Lands Mortgaged THis Indenture made c. between T. L. of c. on the one part and J. M. of c. and G. M. of c. on the other part Whereas the said J.M. and G. M. by their Indenture of Lease Recital of the Mortgage bearing date c. for the considerations therein expressed did demise grant bargain set and to farm-let unto the said T. L. his Executors and assigns all that the Mannor of L.G. and P. with the appurtenances in the said County of M. and also all Messuages Houses Edifices Buildings Barns Stables Out-houses Yards Backsides Orchards Gardens Lands Tenements Meadows Leasows Pastures Feedings Wayes Wasts Wast-grounds Commons Commodities Moors Marshes Woods Wood-grounds Underwoods Waters Water-courses Ponds Pooles Liberties Fishings Advowson and Patronage of the Church of L.G. and P. aforesaid Rents Reversions Services Escheats Fines Amerciaments Court-Leets Views of Frankpledge and Profits of Courts and all that to Courts and Leets belongeth Chattels Wafes Estrayes Goods and Chattels of Felons and Fugitives Customes Rights Jurisdictions Priviledges Profits Commodities Advantages Emoluments and Hereditaments whatsoever with their appurtenances of whatsoever kind nature or quality soever or by whatsoever name or names they are called or known by scituate lying and being coming renewing arising or growing in L. G. and P. aforesaid H. Y. and Z. or within any of them or elsewhere in the said County of M. to the said M. Messuages Lands Tenements Meadows Feedings Pastures and other the Premisses or to every or any of them in any wise belonging or appertaining or incident or dependant thereunto or as part parcel or member thereof or at any time thentofore known accepted taken used demised or reputed as part parcel or member thereof or of any part thereof with their and every of their Rights Members and Appurtenances To haâ—â— and to hold the said Mannors Messuages Lands Tenements Meadows Pastures Advowsons and all other the Premisses with their and every of their Rights and Appurtenances unto the said T. L. his Executors and Assigns for the term of 99 years next ensuing the date of the said recited Indenture of Lease fully to be compleat and ended by and under the yearly rent of a Pepper-corn at the Annunciation of our Lady St. Mary the Virgin if it were lawfully demanded as by the said Indenture of Lease amongst other things therein contained it doth and may appear Now this Indenture witnesseth The re-demise That the said T. L. for divers good causes and considerations him moving hath demised set and to Farm-letten and by these presents doth demise set and to Farm-let unto the said J.M. and G. M their Executors and Assigns the said Manors Messuages Lands Tenements Meadows Pastures Advowsons and all other the Premisses with their and every of their Appurtenances in the said recited Indenture of Lease mentioned To have and to hold the said Mannor The Habendum and all other the Premisses with their and every of their appurtenances unto the said J. M. and G. M. their Executors and Assigns for the Term of 98 years and 10 moneths next ensuing the date thereof Yielding and paying therefore yearly during the said term unto the said T. L. his Executors and Assigns one Pepper-corn at the Feast of Proviso to pay money c. if it be demanded Provided alwayes and upon Condition That if the said J. M. and G. M. their Heirs Executors Administrators and Assigns or some of them shall not well and truly pay or cause to be paid unto the said T. L. his Executors or Assigns the summe of xx pounds of currant money of England on and upon the Twenty fifth day of M. next ensuing the date hereof and also the sum of 500 pounds of currant money of England on and upon the twenty fifth day of M. which shall be in the year of our Lord God 1632. that then from and after default of payment of the said several Sums or either of
and written out at the costs and charges of the said Sir R. D. his heirs and assigns All which said Writings and Evidences the said R. H. doth hereby covenant for him his heirs and assigns to and with the said Sir R. D. his heirs and assigns to deliver unto him the said Sir R. D. his heirs or assigns at or before the Feast of St. J. the Apostle next ensuing the date hereof safe whole uncancelled and undefaced To have and to hold the said Mannor or Lordship Advowson Rectory Chantrey Messuages Tenements Farm Lands Meadows Pastures Hereditaments and all other the premisses with their and every of their appurtenances unto the said Sir R. D. his heirs and assigns to the only c. And the said R. H. for himself c. doth Covenant c. That he the said R. H. now is and at the time of the first executing of an estate of the said Mannor and premisses by force of these presents unto the said Sir R. D. shall be lawfully and absolutely seized in his Demesne Seized in see-simple as of Fee-simple to him and his heirs of and in the said Mannor Messuages Lands Tenements Advowson Hereditaments and Premisses with their appurtenances without any manner of Condition or Limitation of any Use of Uses to alter change determine or make void the same and without any Reversion or Remainder thereof or of any part thereof in his Kings Majesty his Heirs or Successors being made or limited by the said R. H. or I. H. his Uncle deceased whose heir the said R. H. now is And that he now hath and then shall have good right full power and lawful Power to Alien and lawful and absolute authority to grant bargain sell and convey the said Mannor Lands and all other the premisses with the appurtenances unto the said Sir R. D. his heirs and assigns according to the true intent and meaning of these presents notwithstanding any Act had made done or suffered by the said R. H. or the said I. H. his said Uncle or either of them And that the said Mannor Messuages Lands Advowson and all other the premisses with their and every of their appurtenance Freed from Incumbrances now are and so shall and may for ever hereafter remain continue and be unto the said Sir R. D. his heirs and assigns free and freely and clear and clearly acquitted exonerated and discharged of and from all and all manner of former and other Gifts Grants Leases Joyntures Dowers Uses Wills Intails Annuities Statutes-Merchant and of the Staple Recognizances Bonds Judgements Executions Extents Seizures Condemnations Rents arrerages of rents Intrusions Forfeitures Mortgages Fines for Alienation without licence Debts of Record Debts to his Majesties Estate Tithes Troubles Charges and Incumbrances whatsoever had made committed done or suffered by him the said R. H. or by his Assent Consent Act means or procurement or by J. H. his said Uncle or either of them An Exception of Leases One Lease for the term of 20 years to be accounted from the Feast of the Annuntiation of of our Lady St. Mary the Virgin in the year of our Lord God c. of parcell of the premisses made by the said R. H. to one I. D. wherein the yearly rent of Nine pounds is reserved One other Lease for the term of 22. years to be accounted from the Feast of St. M. in the Eighteenth year of the Reign of our late Soveraign Lord King James over England c. of other parcel of the premisses made by the said R. H. to one C. O. and whereupon the yearly Rent of 20 l. is reserved One other Lease c. All which said several Rents shall from henceforth be due and payable to the said Sir R.D. his heirs and assigns during the several and respective terms aforesaid And further The said R. H. and I.H. for themselves Govenant for quiet enjoying c. do Covenant c. with the said Sir R. D. c. That he the said Sir R.D. his heirs and assigns and every of them shall and may for ever hereafter quietly and peaceably have hold occupy possesse and enjoy the said M. Farm Advowson Lands and Premisses with their and every of their appurtenances without the let suit trouble disturbance denial molestation interruption or eviction of them the said R. H. and I. H. oâ— either of them their or either of their heirs or Assigns or any 〈◊〉 them And without the lawful Let Suit Trouble Denial Molestation Interruption or Eviction of all and every other person 〈◊〉 persons whatsoever lawfully claiming by from or under theâ— the said R. H. and I. H. or either of them their or either of the estate right or title or by from or under I. H. deceased Unclâ— of he said R. H. except before excepted And also that they thâ— said R. H. and I. H. parties to these presents and either of them For further assurance their and either of theâ— heirs and assigns and M. now the wife oâ— the said R.H. and every of them shall and will from time to time and at all times hereafter c. And it is hereby declared concluded c. That all Fines Feoffments Recoveries and all other assurances whatsoever had made levied suffered or executed to be had made levied suffered or executed by or between the said parties to these presents or any of them of the said M. and premisses or of any of them shall be and enure and hereby and by all the parties to these presents are agreed to be and enure To the only proper use and behoof of the said Sir R. D. and of his c. and to none other use intent or purpose whatsoever In witnesse c. Sir Alex. D. being seized of the Mannor of B. in Corn. O. for life with Remainder to his first Son and his heirs with Remainder to his second Son and so to the tenth Son sell the Mannor-House and half the Lands to Sir T.R. which to secure settles the Mannor of C. by the Collateral Deed and Bargain and Sale ut sequitur THis Indenture made the day of c. between Sir A.L. on the one part and Sir T.R. on the other part Whereas the said Sir T.R. at the ensealing and delivery of these presents hath paid unto the said Sir A.D. the Sum of 2000 l. of currant money of England in Consideration whereof the said Sir A. D. Dame M. his wife and the heirs of the said Sir A. are to convey and assure unto the said Sir T.R. his heirs and assigns All that the Mansion-house and Capital Messuage of the said Sir A.D. with all Houses Edifices Barns Stables Buildings Yards Orchards and Gardens with their and every of their appurtenances situate lying and being in G. B. in the County of O. And also all Trees Furzes Woods and Under-woods with their and every of their appurtenances stâ—ndâ—ng growing lying and being in all or any the Closes and parcels of ground herein after
and E. his wise or either of them have had or may have claim or pretend to have of in or to all such Lands Tenements c. That then c. A Bill to pay Money MEmorandum That I R. S. do owe unto I. M the full sum of 10 l. of c. to be paid unto the said J. M. his c. on the c. next coming for payment whereof I the said R. S. do bind me my c. in the sum of c. firmly by these presents Sealed and dated the day and year abovesaid Let it be dated as a general acquittance A Release BE it known c. That I W.B. of c. have remised released and for me my heirs c. do by these presents remise c. unto I.R. of c. all and all manner of Actions Sutes Quarrels Debts Trespasses Accounts Covenants and demands whatsoever which I the said W. B. now have against the said J. R. or my Executors Administrators or assigns at any time might ought or could have against the said J R. his c. as Executor of J. R. his Father deceased or otherwise howsoever from the beginning of the world until the day of the date hereof In witness c. A License to let Lands although prohibited by Lease WHereas my Tenant W.H. holdeth of me one Tenement in P. in c. with the appurtenances for certain years yet to come by an Indenture of Lease dated c. wherein he hath expresly Covenanted with me not to set or let out any part or parcel of the said Tenement without my special licence and consent in writing in that behalf to be had as by the said Indenture amongst c. appeareth These presents witness That I the said H.K. have licensed allowed and do by these presents license and allow the said W.H. to let set or demise the said Tenement to one R.P. his c. for three years next ensuing Provided That he the said W. H. shall at his peril see the Rent in the said Indenture and other Covenants and payments therein mentioned to be paid on the part and behalf of the said W.H. be duly kept and performed Dated c. A Letter of Attorney to two to receive possession TO all Christian people to whom these presents shall come Sir R. D. of c. sendeth greeting Whereas G.S. of c. did seal unto the said Sir R. D. and deliver an Indenture bearing date the last day of May now last past purporting a Conveyance unto him the said Sir R. D. and his heirs of all that Messuage or Tenement with the appurtenances scituate and being in B. aforesaid sometimes thentofore c. setting down the particulars To have and to hold the said c. to the said Sir R.D. his Heirs and Assigns for ever as by the said Indenture it doth and may more fully appear Now know ye That the said Sir R. D. hath and hereby doth authorize constitute depute and in his stead and place put his well-beloved Friends C. G. of c. and T. A. of c. and either of them his true and lawful Attorneys joyntly and severally to receive and take for him and in his name and to his use full and peaceable possession and seisin of and in all or any part of the premisses in the name of the whole of and from the said G. S. to hold to the said Sir R. D. and his Heirs according to the tenor purport form and effect of the said Indenture In witness c. A Note of Indorsement of Livery of Seisin on the Indenture by vertue of the Letter of Attorney MEmorandum That full and peaceable possession and seisin was given and delivered by the within-named G. S. of the Messuage or Tenement Closes and Land within-mentioned unto C. G. of c. by vertue of the Letter of Attorney to this present Indenture annexed for and in the name and to the use of the within-named Sir R. D. and his Heirs according to the true intent and meaning of the said Indenture and Letter of Attorney the day of c. in the presence of us whose names are subscribed Note That the Letter of Attorney must be pinned or filed to the Indenture An Assignment of a Lease in trust THis Indenture made c. Between W. P. of c. on the one part and R. P. of c. on the other part Witnesseth That the said W. P. for divers good causes and considerations him hereunto moving hath demised granted assigned and set over And by these c. unto the said R.P. his Executors and Assigns All that c. setting down the particulasr with their and every of their rights members and appurtenances thereunto belonging Together with all and every the estate right title interest use possession term for years claim and demand whatsoever of him the said W. P. of in and to the said c. by vertue of a former Lease or Assignment thereof made to him by one W. R. of c. and I. his wife or either of them for the residue of a term of 1000 years then unexpired or otherwise howsoever To have and to hold the said c. with the appurtenances during all the rest and residue of the said term of 1000 years which are yet to come and unexpired unto the said R. P. his Executors and Assigns Upon the trusts and to the intents and purposes hereafter mentioned and expressed That is to say That the said R.P. and his assigns shall permit and suffer the said W. P. to have and take to his own proper use and benefit all and every the Rents Issues and Profits of the premisses for and during his natural life without Impeachment of or for any manner of waste And from and after his decease the said R. P. or his assigns shall stand and be possessed or dispose of the premisses during the residue of the said term which shall be then to come to such uses intents and purposes as the said W. P. shall by his last Will and Testament in Writing under his Hand and Seal and subscribed in the presence of two or more credible Witnesses nominate and appoint the same and for want of such Declaration or Limitation to be made That then the said R. P. shall stand possessed of the premisses in trust for the Executors or Administrators of the said W.P. and to none other use intent or purpose whatsoever In witness c. E. R. having bought the Mannor of B. and Copy-hold Lands belonging to it takes a surrender of the Copy-hold Lands in others names who by Deed after recital of what Estate they had make this acknowledgement WHereas E. R. of c. hath with his own money purchased of I. G. of c. amongst other Lands Tenements and Hereditaments the Customary Messuage Lands Tenements and Hereditaments hereafter mentioned viz. Then setting all the particulars with the quantity and number of acres and closes names and in whose occupation And also
sell unto the said T. B. and A. B. their heirs and assigns all that Messuage Farm or Tenement with the appurtenances and all those three Yard-lands of Meadow arable and pasture with all and singular their appurtenances in F. in the said County of L. now or late in the tenure of the said T. H. or his assigns to hold the said Messuage or Tenement and three Yard-lands with the appurtenances to the said T. B. and A. B. their heirs and assigns for ever and did covenant by the said Indenture to levy one fine Sur Connizance de droit come ceo c. of the premisses to them the said T. B. and A. B. and their heirs as by the said Indenture amongst c. appeareth Now this Indenture witnesseth That the said A. B. was only named in trust by the said T. B. to and for the use of the said T. B. his heirs and assigns and that the said Summe of five hundred pound mentioned in the said Indenture to be the consideration for the said purchase was the proper money of the said T. B. And the said A. B. doth covenant c. that he the said A. B his heirs and assigns from time to time and at all times hereafter To Convey Lands according to the Trust upon the request and at the costs and charges in the Law of the said T. B. his heirs or assigns shall and will convey and assure the premisses and all his estate title and interest therein unto the said T. B. and his heirs to the use of the said T. B. and his heirs or to any other person and persons and their heirs to the use of them and their heirs as the said T. B. or his heirs shall direct or appoint acquitted and discharged of and from all Charges and Incumbrances had made or done by the said A. B. or by from or under any other person or persons whatsoever claiming by from or under him And the said T. B. doth covenant c. That he the said T. B. his Heirs Executors or Administrators To save harmless from any damage hapning by reason of the joynt Estate or some or one of them shall and will from time to time and at all times hereafter save and keep harmless the said A. B. his Heirs Executors and Administrators his and their Lands and Goods of and from all manner of damage loss and hinderance which shall or may hereafter happen to arise or grow for or by reason of the said joynt estate settled and raised by the said A. B. and T. B. in Trust for the said A. B. as aforesaid An Acquittance for money paid in part of a Purchase Quinto die D. c. REceived by me T.H. the day and year above-written of T. B. the Summe of c. as part of the money agreed to be paid for the purchase of certain Lands in F. in Com. L. according to certain anicles of agreement indented bearing date c. made between c. In witness c. The manner of indorsing an Attornment of Tenants MEmorandum That R. C. of c. assignee of H. G. c. and the rest of the Tenants and Farmers of the premisses within mentioned by vertue of several Leases thereof made unto them by the within-named W. G. did severally Attorn and become Tenants of and of their several and respective interests in the premisses to the within-named C.G. this present tenth day of c. and the said several Tenants and every of them have given unto the said C. G. one penny in the name of Attornment in the presence of c. A Release of Interest in Lands TO all c. R. E. of c. sendeth greeting Know ye That the said R. E. for and in consideration of the sum of c. to him in hand paid by T.H. of c. hath given granted remised released and quit-claimed and by these presents doth c. unto the said T. H. all his estate right title interest term of years claim and demand whatsoever which he the said R. E. now hath or may claim to have of in or to one Messuage or Tenement with the appurtenances commonly called or known by the name of c. scituate lying and being in c. and of and in all the Lands Tenements and Hereditaments whatsoever to the said Messuage or Tenement belonging or appertaining or to or with the same now used occupied or enjoyed In witnesse c. A Condition to save a Surety harmless from a Recognizance THe Condition c. That whereas the said J. C. and A. G. together with the above-bounden R. P. and for him by Recognizance acknowledged before Mr. T. G. one of the Kings Majesties Justices of the Peace for the County of c. the said R. P. hath acknowledged to our Soveraign Lord the King twenty pound and the said A. G. twenty and the said I. C. twenty pound That he the said R. P. shall from henceforth for ever keep his Majesties Peace towards one W. B. c. as by the said Recognizance entred into as aforesaid at large appeareth If therefore the said R. P. his c. from time to time and at all times hereafter do clearly acquit discharge and save harmless the said I. C. his c. and all his and their Lands Tenements Goods and Chattels and every of them as well against our said Soveraign Lord the Kings Majesty his Heirs and Successors as against all and every other person and persons of for or concerning the said Sum or penalty of c. and also of all other costs charges and troubles that may futurely come or arise for or concerning the same That then c. A Disavowment of a Sute TO all c. I. L. of c. sendeth greeting c. Whereas a Sute hath been of late Commenced and Prosecuted for me and in my name in his Majesties Court of Kings Bench at Westminster against M. L. for c. setting down for what which said Sute as yet dependeth in the said Court. Now know ye That the said Sure was Commenced and is prosecuted without any warrant or allowance of me and I therefore do hereby renounce and disavow the said Sute and all and every other sute or sutes attempted or prosecuted against the said M. L. for me and in my name for or by reason of the said Bond or any other cause or matter whatsoever In witness c. Warrant for the keeping of a Court. WHereas I have received direction from the Right Honourable R. E. of D. to hold a Court-Baron for his Lordships Mannor of S. within c. These are to let you understand That I have appointed the 9th day of c. next being Tuesday for the holding of the said Court at or in the Hall of the said M. house and do therefore hereby request and require you to give notice of the said time and place appointed for the holding of the said time and place appointed for the holding
have power to raise uses at the time of the sealing and delivery of these presents is and standeth seized of a good perfect and indefeazible estate in Fee-simple of and in the said Messuages Lands Tenements and Hereditaments and of and in every part and parcel thereof and that he hath lawfull power and authority by these presents to raise limit and appoint the aforesaid several Uses and Estates and that all and singular the premisses with their and every of their Appurtenances now are and so at all times and from time to time hereafter shall be remain and continue unto the uses intents and purposes before in and by these presents limited expressed and declared free and clear and freely and clearly acquitted and discharged of Discharged of Incumbrances and from all and all manner of former and other Bargains Sales Gifts Grants Leases Joyntures Dowers Wills Entrails c. and of and from all other Titles Troubles Charges and Incubrances whatsoever In witness c. Words to be used upon the Delivery of Possession I Do deliver you possession and seizin of this house or of this parcel of Land in the name of all the rest contained in this Deed or Indenture To hold to you and your heirs and assigns for ever according to the tenor form and effect of this present Writing or Indenture A Conveyance of Land by three Co-heirs and their Husbands well penn'd THis Indenture made the Twentieth day of March in the Tenth year of the Reign of our Soveraign Lord Charles by the grace of God of England Scotland France and Ireland King Defender of the Faith c. Between W. S. of B. in the County of B. husbandman and I. his wife W. M. of L.R. in the Parish of Princes Risborough in the said County husbandman and A. his wife and F.W. of P.R. aforesaid in the said County husbandman and A. his wife and E.A. of the Parish of P. R. aforesaid and S. his wife on the one part and I. M. of H. aforesaid in the said County husbandman on the other part Witnesseth That the said W. S. and I. his wife W. M. and A. his wife and F. W. and A. his wife The Consideration For and in Consideration of the summe of One hundred and ninety pounds of currant money of England to them the said W. S. and I. his wife W. M. and A. his wife F. W. and A. his wife E. A. and S. his wife by the said I. M. in hand paid before the ensealing hereof the receipt whereof the said W.S. c. do hereby acknowledge and thereof do jovntly and severally exonerate and discharge the said I. M. his Heirs Executors and Administrators and every of them for ever by these presents And for other good causes and considerations them moving The Grant have granted aliened bargained sold enfeoffed and confirmed and by these presents for them and their heirs do joyntly and severally Grant Alien Bargain Sell enfeoffe and confirm unto the said I. M. his heirs and assigns for ever All that Messuage Tenement or dwelling house with the appurtenances scituate lying and being at or near a place called W. A. in the Parish of B alias B. in the said County of B. wherein the said W.S. now dwelleth and wherein one W. W. deceased Father of them the said I. A. and A. did lately dwell and inhabit and all those five several Closes of Arable Land Meadow Pasture and VVoodground belonging to or used with the said Messuage Tenement and dwelling house lying and being in the Parishes of B. aforesaid W. and H. or in some or one of them in the County of B. And also all and singular Houses Edifices Buildings Barnes Stables Yards Back-sides Orchards Gardens Lands Tenements Meadows Pastures Feedings Commons Common of Pasture Wayes Easements Passages Profits Commodities Advantages Emoluments Hereditaments and Appurtenances whatsoever to the said Messuage Tenement and dwelling house and premisses or to any of them belonging or in any wise appertaining or accepted reputed taken known or demised letten used occupied or enjoyed as part parcel or member thereof And all other the Lands Tenements and Hereditaments whatsoever of them the said W. S. and I. his wife W.M. F.W. E.A. and every or either of them scituate lying and being in the Parishes of B. W. and H. aforesaid or in any or either of them And also all the estate right title interest use possession reversion and reversions Remainder and Remainders Rent and Rents claim and demand whatsoever of them the said W.S. and I. his wife W.M. F.W. E.A. and every and either of them of in and to the said Messuage Tenement or dwelling-house Closes Lands and all other the premisses and of in and to every part and parcel thereof with their and every of their Appurtenances And all Writings Evidences Deeds Charters Fines Escripts and Minuments whatsoever concerning the premisses or any part thereof And true Copies of all such writings and Evidences as do concern the premisses or any part thereof with any other Lands Tenements or Hereditaments which now be in the hands custody or possession of them the said W.S. W.M. F.W. E.A. or any or either of them or which they or any of them may lawfully get or come by without sute in the Law the same Copies and every of them to be copied and written out at the costs of the said I. The Habendum M. his heirs or assigns To have and to hold the said Messuage Tenement or dwelling-house Closes Lands and all other the premisses with their appurtenances unto the said I. M. his heirs and Assigns To the only proper use and behoof of the said I. M. his heirs and assigns for ever And the said W.S. W.M. F.W. and E.A. for them and their heirs severally and not joyntly nor one for the other the said Messuage or Tenement Closes Lands and all other the premisses with the appurtenances unto the said I.M. his heirs against them the said W.S. W.M. F.W. E. Warranty A. and every of them their and every of their heirs and assigns Shall and will warrant and hereby do joyntly and severally grant to warrant and for ever defend by these presents And further the said W. S. c. for themselves severally and not joyntly nor one for the other and for their and every of their several and respective Heirs Executors and Administrators and for every of them do and doth covenant promise and grant to and with the said I. M. his heirs and assigns and to and with every of them by these presents That they the said W.S. c. for and notwithstanding any act or thing by them or any of them done or suffered to the contrary now are or some of them is and at the time of the first executing an estate of the premisses with the appurtenances unto the said I.M. shall be lawfully and absolutely seized in their Seized in Fee or some of their demeasne as of Fee-simple to
them and their heirs or to some of them and their heirs of and in all and every the premisses with the appurtenances And that for and notwithstanding any such act or thing by them the said W.S. c. or by any other of them done or suffered to the contrary as aforesaid they the said W.S. c. now have or some of them now have or hath and shall have good right full power Power to alien and lawful authority togrant bargain sell and convey the Premisses with the appurtenances unto the said I. M. his Heirs and Assigns according to the intent and meaning of these presents And that the said Messuage Tenement or dwelling-house closes lands Freed from Incumbrances and all other the premisses with the appurtenances now are and so shall and may for ever hereafter remain continue and be unto the said I. M. his heirs and assigns free and freely and clear and clearly acquitted exonerated and discharged of and from all and all manner of former and other bargains sales gifts grants leases Joyntures Dowers Uses Wills Intails Annuities Statutes Merchant and of the Staple Recognizances Bonds Judgements Executions Extents Condemnations Rents Arrerages of Rents Intrusions Forfeitures Issues Amerciaments and of and from all other Estates Titles Troubles Charges and Incumbrances whatsoever had made committed done or suffered by them the said W. S. c. or by any or either of them or by their or any or either of their means assent consent or procurement The Rents and Services from henceforth to be due and payable for the premisses to the chief Lord and Lords of the Fee or Fees of the premisses for and in respect of their Seigniorities of the same only excepted and fore-prized And that he the said I. M. Quiet enjoying his heirs and assigns and every of them shall and may for ever hereafter quietly and peaceably have hold occupy possess and enjoy the said Messuage Tenement or dwelling house Closes Lands and all other the premisses with the appurtenances without the let suit trouble disturbance denial molestation interruption or eviction of them the said W. S. c. and every and either of them their and every and either of their heirs and assigns And with out the let sute molestation interruption or eviction of all and every other person or persons whatsoever lawfully claiming by from or under them or any or either of them their or any or either of their estate right or title And also that they the said W. S. c. Further assurance their heirs and assigns and every and either of them shall and will from time to time and at all times hereafter during the space of seven whole years next ensuing the date hereof at the requests and costs in Law of him the said I. M. his heirs and assigns do make suffer acknowledge and execute and cause and procure to be done made suffered acknowledged and executed all and every such further and other lawful and reasonable act and acts thing and things devise and devises assurance and assurances in the Law whatsoever for the further better and more perfect assurance surety sure-making and conveying of the said Messuage Tenement or dwelling house closes lands and all other the premisses with the appurtenances unto the said I. M. his heirs and assigns Be it by Fine Feoffment Release Confirmation with warranty of them the said W.S. c their and every or any of their Heirs and Assigns Recovery or Recoveries with single or double Voucher or Vouchers Deed or Deeds enrolled or not enrolled the enrollment of these presents or by all or any the said wayes means or by any other lawfull or reasonable wayes 〈◊〉 means in the Law whatsoever without warranty or with the like warranty as aforesaid as by him the said I. M. his Heirs and Assigns or his their or any of their Councel learned in the Law shall be reasonably devised or advised and required All which further or other assurance by fine or otherwise shall be and enure and hereby are and shall be adjudged deemed and taken to be a◠enure To the onely proper use and behoof of the said I. M. his c. An Indenture of Bargain and Sale of a Messuage and Lands in consideration of a Surrender of a Lease of other Lands with good Covenants THis Indenture made c. between R. D. of T. in the County of c. Whereas the said K. C. now holdeth by Lease for certain years yet to come one Messuage or Tenement with the appurtenances thereunto belonging wherein the said K. C. doth now inhabit and dwell scituate and being in F. aforesaid and divers Closes Lands Meadows Pastures Wood-grounds and Hereditaments thereunto belonging or appertaining lying and being in F. aforesaid the Reversion and Inheritance in Fee-simple of which said Messuage Lands and Premisses now being in and belonging unto them the said R. D. and I. P. and their heirs And whereas the said K. C. hath and hereby doth Surrender up grant bargain and sell all her right title estate interest term for years claim and demand whatsoever of her the said K. C. of in and to the said Messuage or Tenement Closes Lands Wood-grounds and premisses in the said Lease particularly mentioned and expressed and hath delivered up the said Lease to be Cancelled unto them the said R.D. and I.P. in consideration of which said Surrender and Grant made by the said K. C. as aforesaid the said R. D. hath upon the ensealing hereof paid unto her the said K. C. the sum of 35 pound of currant money of England the receipt whereof the said K. C. doth hereby acknowledge and thereof doth acquit him the said R. D. his Heirs Executors and Administrators and every of them by these presents And whereas the said R. D. in further consideration of the said Surrender of the said Lands and Premisses made as aforesaid hath agreed to and with the said K. C. that the said R. together with the said I.P. should and would pass and convey unto her the said K. C. her heirs and assigns for ever All that Tenement or Cottage with the appurtenances scituate and being in F. wherein the said K. C. doth now inhabit and all Houses Edifices Buildings Barns Stables Yards Backfides Orchards Gardens Lands Tenements Hereditaments and Appurtenances whatsoever thereunto belonging or appertaining or now used therewith Now this Indenture witnesseth That the said R.D. and I.P. in consideration of the said Surrender of the said Lands and Premisses made by the said K. C. as aforesaid and in performance of the said agreement made with the said R.D. as aforesaid have bargained sold aliened infeoffed and confirmed and by these presents do joyntly and severally grant bargain sell alien infeoffe and confirm unto the said K. C. her heirs and assigns All that the said Cottage or Tenement with the appurtenances wherein the said K. C. doth now inhabit scituate and being in F. aforesaid And all Houses Edifices Buildings
H. B. or to his use as aforesaid without the let sute trouble molestation interruption or eviction of him the said Sir H. B. his heirs or assigns or of any other person or persons whatsoever lawfully claiming by from or under him his estate or title L. Cum Coven pro utter Assur Litterdel Attorney c. In witness whereof c. A Covenant to deliver Evidences by such a time ANd the said G. A. for him c. That he the said G. A. his Heirs Executors or Administrators or some of them shall and will before the first day of March next ensuing the date hereof deliver or cause to be delivered unto the said A. Lady D. and Sir J. D. or to one of them all such Deeds Charters Evidences Court-Rolls Exemplifications of Records Transcripts of Fines Terriers Escripts Writings and Minuments concerning only the premisses or only any part or parcel thereof as now be in the possession custody or keeping of the said G. A. or of any other person or persons by his delivery or to his use or which he may obtain get or come by without suit in Law whole uncancelled safe and undefaced or in as good plight as the same now are and be and also true Copies of all such other Deeds Charters Evidences and Writings as the said G.A. hath touching and concerning the said Lands and Premisses or any part thereof joyntly or together with any other Lands c. of the said G. A. the said A. Lady D. and Sir J.D. and their heirs or some or one of them paying or bearing the charge of making and writing the same Copies c. A Declaration of a Fine and Recovery to variety of uses well penn'd THis Indenture made c. Between the Right Honourable T. Lord W. of the one part and the Right Honourable W. Lord P. Sir M. F. of c. on the other part Whereas the said M. B. and W. D. in the term of E. in the eleventh year of the Reign of our said Soveraign Lord King James Recital of the Recovery of England c. by Writ of Entry Sur Disseisin in le post did recover against the said T. Lord W. all those the Mannors of M. alias M. A. L. A. R. and N. with the appurtenances and of 30. Messuages 30. Tofts 6. Water-mills 6. Dove-houses 30. Gardens 1000 acres of Land 200 acres of Meadow 300 acres of Pasture 2000 acres of wood 300 acres of Furze and Heath 10 pounds Rent free warren and view of Frank-pledge with the appurtenances in M. alias M. A. N. and S. and also the Advowson of the Churches of M. alias M and A. as in and by the said Recovery remaining of Record in his Majesties said Court of Common-Pleas at Westminster to which Relation being had more at large appeareth And whereas in the Term of the Holy Trnity last past before the date hereof that is to say a Die sce Of the Time Trinitatis in tres septimanas in the said term in the Court of our Soveraign Lord the Kings Majesty before his Justices at Westminster a Fine Sur Cognizance de droit come ceo c. with Proclamations according to the form of the Statute in such case made and Provided was levied between the said W. R. and W. D. Plaintiffs and the said T. Lord W. Deforceant of the Mannors of T. alias T. and B. alias B. with the appurtenances in the County of W. and W. and of all that Grange or Capital Messuage called H. house and of all the Messuages Lands Tenements Rents Reversions Services and Hereditaments whatsoever to the said Mannors and Grange or any of them belonging or appertaining or reputed to belong or appertain or as part or parcel or member of them or any of them or accepted reputed taken demised used occupied or enjoyed as part thereof in the said Counties of W. and W. and of all other the Messuages Lands Tenements Rectories Tithes and Hereditaments with the appurtenances of the said T. Lord W. in the said Counties of W. and W. by the names of the Mannors of T. alias T. and B. alias B. with the appurtenances and of 40. Messuages 20 Tofts 4. Water-Mills 4. Dove-houses 40. Gardens 1000 acres of Land 600. acres of Meadow 1000. acres of Pasture 400. acres of Wood 400 acres of Furze and Heath 20 acres of Marsh and twenty shillings Rent with the appurtenances in T. alias T. Alne-Church B alias B. F. and Beoleyl and also of the Rectories of T. alias T. and B. alias B. with the appurtenances and all and all manner of tithes of Corn and Hay growing coming or renewing in T. alias T. and B. alias B. and of the Advowson of the Vicaridge of the Church of T. alias T. in the County of W. and of the Mannors of T. alias T. and B. alias B. with the appurtenances and 4 Messuages and one Dove-house 4 Gardens 300 acres of Land 600 acres of Meadow 300 acres of Pasture 200 acres of wood and 30 acres of Marsh with the appurtenances in T. alias T. Aln-Church and B. alias B. and also of the Rectory of T. alias T. and B. alias B. with the appurtenances and of all and all manner of tythes of common Hay growing coming and renewing in T. alias T. and B. alias B. and of the Advowson of the Vicaridge of the Church of T. alias T. in the County of W. as by the said Fine remaining of Record in his Majesties said Court of Common Pleas at W. to which Relation being had more fully and at large appeareth Now this Indenture witnesses The intent of the parties That the true intent and meaning of the said T. Lord W. and of the said Recoverers and parties to the said Recovery and also of the said Cognizees of the said Fine and parties to the same Fine and of all and every of the parties to these presents before and at the several and respective time and times of the suffering of the said Recovery and Acknowledgments and levying of the said Fine for touching or concerning the said Mannors Lordships Lands Tenements Hereditaments and premisses whereof the said Recovery and Fine were severally and respectively suffered levied and had as aforesaid alwayes was and yet is that as well the said Recovery as the said Fine and all and every Fine and Fines Recovery and Recoveries and other Acts and Assurances of the said Mannors Messuages Lands Tenements Rents Rectories Tythes Advowsons Hereditaments and Premisses or of any of them with the appurtenances at any time heretofore suffered levied executed or had wherein or whereunto the said T. Lord W. was or is any wayes a party and all and every the executions of the same and every of them should and shall be and enure and be construed adjudged deemed and taken to be and enure And were and hereby are Covenanted granted concluded agreed and declared to be and enure to the uses purposes and intents and under the Provisions Conditions
good by any other his writing by him to be sealed acknowledged and inrolled or sealed and subscribed as is aforesaid to limit create appoint and declare of for and concerning the said Mannors Lands Tenements Hereditaments and premisses or any of them any new or any other use or uses to the same or any other person or persons whatsoever And that then and after such new limitation the said Recovery and Fine respectively shall be and enure and the said Recoverors and parties takers by the said Recovery and the said Cognizees of the said Fine and the parties takers thereby and their heirs and all and every person and persons who then shall be and stand seized of and in the premisses or any part thereof whereof such new use shall be declared created raised limited or appointed and his and their heirs shall respectively stand and be seized of the same premisses or such part thereof whereof such new use or uses shall be declared limited or appointed to such use and uses of such person and persons to whom such other or new estate or estates use or uses shall be so newly declared created raised limited or appointed and of and for such estate and estates and in such manner and form and by or under such Limitations Conditions and Provisoes as shall be so newly appointed expressed or declared and for want of such declaration or new limitation so to be made after any such Revocation Then the said Recovery and Fine touching such of the premisses whereof no such Declaration limitation or appointment of use shall be made shall be and enure to the only use and behoof of the said T. Lord W. his Heirs and Assigns for ever any matter or thing whatsoever herein before contained to the contrary thereof notwithstanding But it is and alwayes was the intent of all the parties to these presents That no Revocation or new Limitation should or shall any way frustrate or make void any Lease No new Declaration to hinder an Estate granted before Revocation Estate Rent or Charge made granted or charged or to be made granted or charged of or upon the premisses or any parcel thereof for valuable Considerations of money borrowed or received of the said T. Lord W. by vertue or force of any former Proviso in these presents expressed but that the same and every of them shall stand good according to the purport and meaning of them and every of them notwithstanding any such Revocation or new Limitation futurely to be made In witness c. A Covenant to settle Lands for natural affection THis Indenture made c. Between R.D. of c. on the one part and T. D. and E. S. of c. on the other part witnesseth That the said R. D. as well for the natural love and affection which he beareth towards W. D. Gentleman Son and heir apparent of the said R. D. and to the intent that the Marshes Lands Tenements and Hereditaments hereafter mentioned might be and remain to the uses intents and purposes hereafter in these presents expressed and declared and for divers other c. for himself his heirs and assigns doth Covenant and grant to and with the said T. D. and E. S. their heirs and assigns by these presents That he the said R. D. and his Heirs and all and every other person and persons that now is or are or that at any time hereafter shall be seized or estated of or in all and every part of that the Mannor of A. with the Rights Members and Appurtenances thereof in the said County of O. and of or in all or any Lands Tenements Meadows Pastures Feedings Commons Wayes Wastes Wast-grounds Hereditaments and Appurtenances whatsoever belonging to the said Mannor or reputed as part parcel or member thereof in A. aforesaid and whereof or wherein the said R. D. â—ow hath an Estate of Inheritance in Fee-simple shall thereof and of every part and parcel thereof immediately from and after the ensealing hereof stand and be seized thereof and of every part and parcel thereof to the several uses intents and purposes hereafter in these presents expressed limited and declared that is to say To the use and behoof of the said R. D. for the term of his natural life without impeachment of any manner of wast and after his death to the use of the said I. D. for the term of his natural life without impeachment of any manner of wast and after his decease to the use of the first Son of the body of the said I. D. lawfully to be begotten and of the heirs males of the body of the said first Son lawfully to be begotten And for default of such Issue to the use and behoof of the Second Third Fourth Ffth Sixth Seventh Eighth Ninth and Tenth Sons of the body of the said I. D. lawfully to be begotten respectively as they shall be in Seniority and age and of the heirs males of such Second Third Fourth Fifth Sixth Seventh Eighth Ninth and Tenth Sons lawfully to be begotten of his body the eldest son and his heirs being alway preferâ—ed before the younger Son and his heirs of his body And for default of such Issue to the use of every other the Sons of the said I. D. as they shall be in Seniority and age and of the heirs males of the Bodies of every such Sons lawfully to be begotten And for default of such Issue then to the use of M.D. Gentleman second Son of the said Sir R. D. for the term of his natural life without impeachment of any manner of wast and after his death to the use of the first Son proâ—â—e supra in the first Son then to the third Son in manner prout al. primam And for the default of such Issue then to the use of the right Heirs of the said R. D. for ever And to none other use intent or purpose whatsoever with the same clause of Revocation as is mentioned in the last president In witness c. A Condition of a Counter-Bond THe Condition c. That whereas the above-named N.B. at the special instance and request of the above-bounden C. D. for the proper debt of the said C. D. and as his surety by obligation bearing date with these presents standeth joyntly and severally bound together with the said C.D. unto E.F. of c. in the sum of c. with Condition thereupon endorsed for the payment of 100 pound of c. to the said E.F. or to his certain Attorney his Executors or Assigns at c. upon c. as in and by the said Obligation and Condition more at large appeareth If therefore the said C. D. his Heirs Executors Administrators or Assigns or any of them do pay or cause to be paid unto the said E. F. or his Assigns the said Sum of c. at the day and place aforesaid and also from henceforth save and keep harmless the above named A. B. his heirs c. of and from the
foresaid Obligation and of and from all and all manner of Costs Charges Suits and Damages whatsoever of for and concerning the said Obligation That then c. An Assignment of several Leases of divers Messuages and Lands with several recitals and good Covenants Well penn'd THis Indenture made c. Between J.S. of c. and J. G. of c. on the one part and R. G. of c. on the other part Whereas J. S. of c. G. P. of c. Executors of the last Will and Testament of M. S. Gent. deceased and the said J. G. by Indenture bearing date the 26. day of S. in the c. of his said Majesties Reign that now is over England c. made between the said J. S. and G. P. and J. G. on the one part and E. S. on the other part by the name of E. S. of c. Did grant assign and set over to the said E. S. and her Assigns as well an Indenture of Demise therein recited dated the day of c. made from R. E. late of c. unto J. G. late of B. in c. and I. his wise Father and Mother of the said I. G. party to these presents of all that Messuage or Tenement and half yard-Land with the Appurtenances then or late in the Tenure or Occupation of one E. A. or his Assigns in S. sometimes W. W. scituate and being of H. W. and P. and every or either of them in the said County of S. and of all Houses Buildings Barns Stables Orchards Gardens Back-sides and grounds with the Appurtenances whatsoever to or with the said Messuage or Tenement and premisses belonging with all and every other the Lands Tentments Feedings Hereditaments and Profits whatsoever to the said Messuage or Tenement belonging or reputed as parcel or member of the same or any of them except therein excepted for the Term of 3000. years from the Feast of the c. then last past at the yearly Rent of 7. shillings of c. as also all the estate title interest term of years thereby granted then to come and unexpired possession claim and demand whatsoever of the said I.S. G.P. and I. G. of and to the same and every part thereof on Condition therein contained to this effect That if the said I. G. his Executors Administrators or Assigns did well and truly pay to the said E.S. her Executors or Assigns the Summe of c. of lawful English money upon the last day of M. then next ensuing That then from thenceforth the said Grant and Assignment and every thing therein contained to be utterly void and of none effect as by the said Indenture more fully appeareth Which said Sum of c. was not satisfied or paid to the said E. S. neither on the day in the Condition of the said Assignment mentioned nor since by reason whereof the premisses became absolutely forfeited to the said E.S. And whereas also the said I.G. by his Indenture of Assignment dated the c. of his Majesties Reign that now is did bargain assign and set over to the said E.S. and her Assigns as well one other Indenture of Lease dated the 21 day of M. in the one and fortieth year of the said late Queen Elizabeth her Reign also made from the said R. E. to the said I. G. Father of the said I. G. party to these presents and his Assigns of all that his c. setting the particulars down here at large as they were mentioned before within the Parishes of H. P. or W. within the said Counties of S. or some or one of them with all Woods Under-woods Profits Commodities and Advantages to the said Messuage or Tenement and half yard-land belonging for the term of 3000. years from the Feast of c. then next ensuing at the yearly Rent of c. as also all the estate right title interest possession Reversion Term of years claim and demand whatsoever of the said I. G. to the said c. and other the premisses with the appurtenances by the same Indenture of Lease Demised by vertue of the same Indenture or otherwise as by the same Indenture c. appeareth And whereas the said E. S. by her Indenture dated c. did Covenant with the said I. G. and his Assigns That if the said I. G. or his assigns did well and truly pay to the said E.S. or her assigns the Summe of 325. pound at the dwelling house of A. C. Scrivener scituate in B. London at one entire payment on the fifteenth day of October which then shall be in the year of our Lord God 1630. That then she the said E.S. and her Assigns should upon request of the said I. G. re-assign and convey unto him the said two several recited Indentures of Leases and all her estate and interest claim and demand in and to the said several Messuages Lands and Premisses demised by the said several Indenture of Leases as by the said last recited Indenture more at large appeareth And whereas the said I. G. by his Release dated c. did in Consideration of a Competent Summe of Money Release all his Right Title and Interest of and in the said Messuage Lands and Premisses to the said E. S. and her Assigns as by the said Release appeareth And whereas the said E. S. by her Indenture of Assignment dated c. did for the Consideration therein mentioned assign and set over all her estate right title and interest of in and to both the said recited Indentures of Lease as also in and to the said Messuages Lands and Premisses to the said I. S. her Father party to these presents To hold to him and his assigns during all the residue of the said Term of years in the said several recited Indentures of Lease then to come and unexpired as by the said last recited Indentute of Assignment more fully appeareth Now this Indenture witnesseth That the said I. S. and I. G. for and in Consideration of the Summe of c. in hand paid or secured by the said R. G. unto the said I. S. as also for and in Consideration of the Summe of c. at the ensealing and delivery of these presents in hand paid or secured by the said R. G. unto the said I.G. the said several receipts of which said several Sums of money they the said J. S. and J G. do hereby severally and respectively acknowledge and thereof and of every part thereof do severally and respectively acquit and discharge the said R. G. his c. and for other good c. Have demised granted set and to Farm-let released and confirmed and by these presents do c. unto the said R. G. his c. all and every the said Messuages Lands Tenements Hereditaments and Premisses with their and every of their Rights Members and Appurtenances in the said former recited Indenture of Lease or Assignments mentioned To have and to hold all and every the said Messuages or Tenements Lands and all
other the Premisses with their and every of their appurtenances unto the said R.G. his Executors and Assigns and every of them by these presents for and during and unto the full end and Term of 99. years from hence next ensuing fully to be compleat and ended Yielding and paying therefore yearly during the said term to the said I. S. his c. a Pepper-Corn at the Feast of St. Michael the Arch-Angel if it be lawfully demanded And the said I. S. for himself his c. doth Covenant and grant to and with the said R. G. his c. That he the said I. S. now hath good right full power and lawful and absolute authority to demise grant and let the said Messuage or Tenement lands and premisses with their appurtenances unto the said R.G. his c. for and during the said Term and Number of years aforesaid according to the true intent and meaning of these presents And also that the said Messuage c. and every of them shall and may during the Term hereby demised remain and be unto the said R. G. his c. sufficiently saved and kept harmless of and from all and all manner of former and other Gifts Grants Leases Forfeitures Surrenders Extents Rents and Arrerages of Rents and of and from all and all manner of Charges Titles Troubles and Incumbrances whatsoever had made committed done or suffered by him the said J. S. or by the said E. S. his said Daughter oâ— either of them their or either of their Executors or Assigns And also that he the said R. G. his c. shall and may peaceably and quietly have hold occupy possess and enjoy the said c. for and during the Term hereby demised without the Let Sute Molestation Interruption or Eviction of him the said J. S. or the said E. S. and without the lawful let of all and every other person and persons whatsoever lawfully claiming in by from or under him her or either of them their or either of their estate right or title And the said I. G. for himself his c. doth Covenant and Grant to and with the said R. G. his c. That he the said I. G. at no time before the date hereof hath done or suffered to be done any Act or Thing whatsoever which shall or may be hurtful prejudicial or a hinderance to the said R. G. his c. or any of them in his and their having and quiet enjoying of the said c. But that he the said R.G. his c. may have and enjoy the said Lands and Premisses and every of them for and during the Term hereby demised without the let or hinderance of him the said I. G. his c. or of any other person or persons whatsoever claiming by from or under him them or any of them And the said I. S. and I. G. and either of them do for themselves joyntly and severally and not one for the other and for their severall and respective Executors c. and for every of them Covenant and Grant to and with the said R. G. his c. That they the said I. S. and I. G. and either of them their Heirs and Assigns and every of them shall and will from time to time and at all times for and during the space of five years next c. at the request and costs of the said R. G. his c. further do make suffer acknowledge and execute all and every such further and other lawful and reasonables Act or Thing whatsoever for the further better and more perfect assuring surety and sure making of the said c. unto the said R. G. his c. or to such other person and persons as he the said R.G. shall nominate and appoint and every or any of them for and during the said Term hereby Demised as also all other the Interest and Term for years which he the said I. S. now hath in the said c. yet to come and unexpired at by him the said R. G. his c. or his their or any of their Councel learned in the Laws shall be reaso â—ably devised or advised and required And the said I.S. for himself c. doth Covenant and grant to and with the said R. G. c. That he the said I. S. his c. or some of them shall and will within six months now next ensuing the date hereof deliver or cause to be delivered unto the said R. G. or his Assigns or some of them all the Original Leases of the Premisses herein before recited or mentioned as also all and singular the severall mean Assignments made of the premisses from time to time and also all such Deeds Evidences Court-Rolls Writings Escripts and Minuments whatsoever concerning the premisses or any part or parcel thereof which now be in the possession custody or keeping of the said I. S. or of E. S. or of any other person or persons whatsoever by their or either of their delivery privity or appointment or which he the said I. S. may obtain or come by whole uncancelled safe undefaced and in as good plight as the same or any of them now are and also true Copies of all such other Deeds Evidences and Writings as the said I. S. or E S. or either of them have or can come by touching the said c. or any part thereof joyntly or together with any other Lands the said I. S. his c. or some of them paying and bearing the charge of making and writing and coming by the Deeds Evidences or Copies or any of them And the said R. G. for him his c. doth Covenant promise and grant to and with the said J. S. and J. G. and either of them their and c. That he the said R. G. his c. shall and will during the term hereby Demised bear pay and discharge all and all manner of Quit-Rents or other Rents and Services whatsoever which shall be due or any wayes payable for or in respect of the said c. or any of them from the day of the date hereof and thereof and of every part thereof shall and will sufficiently during the term hereby Demised acquit and discharge the said I. S. and I. G. their Executors and Assigns and every of them by these presents In witness c. An Indenture of Settlement Well penn'd THis Indenture made c. Between the Right Honourable C. Lord S. Baron of H. of the first part W. N. of the Inner Temple London Esq The Parties and A. T. of the said Inner Temple London Esq of the second part And the Right Honourable E. Lord G. Baron of D. in the County of A. within the Realm of Ireland and Dame J. his wife D. L. Daughter of her the said Dame I. G. and I. S. of M. in the C. of Y. Esq of the third part Whereas a Marriage shortly hereafter by the grace of God is intended to be had and solemnized between the said
and Reversions of the premisses and of every part and parcel thereof and all and every the Rents and yearly profits whatsoever reserved upon whatsoever Lease Demise or Grant Leases Demises or Grants made of the premisses or of any part thereof except and alwayes reserved out of this present grant bargain and sale to the said L. G. his heirs and assigns the Parsonage of C. and the Parsonage house and grounds thereunto belonging within c. now in the occupation of R. B. Clerk and also except c. And also the said L. S. for the said Consideration hath bargained and sold and by these presents doth c. to the said I. B. and his heirs and all and every the Deeds Evidences Escripts and Minuments whatsoever touching or concerning onely the premisses or only any part or parcel thereof all and every which Deeds Evidences and Writings or as many of them the said L. G. now hath or any other to his use or by his delivery hath or have which he may lawfully come by without Suit in the Law The said L. G. Covenanteth and Granteth by these presents for himself his Heirs Executors and Administrators to and with the said I. B. his heirs and assigns safely to deliver to the said I. B. his heirs and assigns before the Feast of St. Michael the Arch-Angel next ensuing the date hereof whole and uncancelled to have hold and enjoy the said Capital Messuage or Tenement and all and every the said Messuages Tenements Lands Meadows Pastures Commons and all and every other the premisses with the appurtenances to the said I. B. his heirs and assigns for ever to the onely use and beho of of the said I. B. his heirs and assigns for ever And the said L. G. for himself his Heirs Executors and Administrators and every of them doth Covenant promise and grant to and with the said I. B. his heirs and assigns That he the said L. G. is and standeth at the ensealing and delivery of these presents and so shall be at the expiration of the first Estate of Inheritance of and in the premisses to the said I. B. solely lawfully and rightfully seized of a good lawful perfect and rightful estate in the Law in Fee-simple of and in the said Capital Messuage or Tenement with the Appurtenances and of and in all and every the said Messuages Tenements Lands Meadows Pastures and all and every other the premisses with the appurtenances and of and in every part and parcel thereof to the proper use of the said L. G. and his heirs for ever without any manner of Condition and without any Reversion or Remainder thereof or of any part thereof in the Kings Majesty his Heirs or Successors or of any other person or persons whatsoever and that he hath good right just and true title and lawful authority to bargain sell and assure the same to the said I. B. and his heirs according to the tenure and true meaning of these presents And also the said L. G. for himself his Heirs Executors and Administrators and every of them doth Covenant promise and grant to and with the said I. B. his heirs and assigns by these presents That the said I. B. his heirs and assigns shall and lawfully may from hence for ever peaceably and quietly have hold occopy and enjoy the said Capital Messuage or Tenement and all and every other the premisses with the appurtenances without any manner of let trouble or interruption of the said L. G. his heirs or assigns or of any person or persons claiming by from or under any the Ancestors of the said L. G. clearly discharged or for ever hereafter sufficiently saved harmlesse by the said L. G. his heirs and assigns of and from all and every other bargains sales estates leasess Statutes-Merchants and of the Staple Recognizances Judgements Joyntures Dowers Annuities Fines c. and of and from all and every other charges and incumbrances whatsoever by the said L. G. or any of his Ancestors had made committed or done or willingly suffered before the ensealing and delivery of these presents or before the execution of an Estate and seizin of and in the premisses to the said I. B. his c. except the Rents and Services to be due and done to the chief Lord or Lords of the Fee or Fees of the premisses in respect only of the Seigniory thereof and also except one Lease and Demise made by the said E. G. of the said Tenement now in the occupation of the said I. R. for term of certain years which shall expire within 9. years now next coming whereupon is reserved the yearly Rent of 30 shillings And one Lease and Demise made to c. for certain years not exceeding the term of 17 years now to come whereupon is reserved c. ut praedict or for certain years whereof there are now to come above the number of 17 years and whereupon is reserved c. which said several yearly Rents and every of them shall conâ—â—â—e and be payable to the said I. B. his heirs and assigns during the continuance of the said several Demises And also the said I. G. Covenanteth and granteth by these presents for himself his Heirs Executors and Administrators to and with the said I. B. his heirs and assigns That he the said L. G. and A. his Wife and the heirs of the said L. and all and every other person and persons and their heirs having or that shall have any right estate or interest of or in the premisses or any part thereof by from or under the said L. G. or by from or under any of his Ancestors shall and will from time to time during five years now next ensuing at the reasonable request costs and charges of the said I. B. his heirs and assigns do make and execute or cause knowledge and suffer to be done all and every such further act and acts thing and things device and devices in the Law whatsoever be it by Deed or Deeds inrolled or not inrolled Fine Feoffment Recovery with double or single Voucher or Vouchers Release Confirmation or otherwise with Warranty against the said L. G. and his heirs and the Ancestors of the said L. G. or otherwise without warranty for the further and more better and perfect assurance surety and sure-making of the said Capital Messuage or Tenement Lands Meadows Pastures and all and every other the premisses with the Appurtedances to the said I. B. his heirs and assigns as by the said I. B. his heirs or assigns or his or their Council learned in the Law shall be reasonably devised or advised In witnesse c. Articles concerning Lands purchased untill the Covenants could be made Articles of Agreement indented made concluded and agreed upon the day of Sept. between H. D. of E. in the C. of H. Gent. of the one part and F. R. of the Parish of S. M. in the Fields in the C. of M. T. of the other part viz. IMprimis The said
by Obligation in the Sum of 10 l. with condition thereunto for payment of 20 l. which Obligation is become forfeited and which is now delivered up to the said R. C. and P.C. at the ensealing and delivery hereof to be cancelled shall and may likewise have and enjoy from and after the date hereof from year to year every year for and during the said term of Ten years then next and immediately following according to the custome of the said Mannor of c. the Milk-house parcel of the said customary or Copy-hold Tenement the Chamber over the Kitchin and also the Barn Stable and all other the Out-houses whatsoever to the said customary or Copyhold Tenement belonging together with the use of the Kitchin and Back-side in common with the said R. C. and P.C. And further That the said T.P. his Executors and Assigns for the consideration aforesaid shall and may likewise have and enjoy during the said term the said recited five acres of Arable Land so excepted and reserved unto the said R. C. and P.C. their assign and assigns amongst other things out of the said recited Articles of agreement as aforesaid so as the said R. C. and P. C. and their assigns shall and may have two acres thereof yearly the one to be sowen to Wheat and the other to Barley The said R. C. and P. C. finding the Seed yearly but to be dunged with the Fold eared and sowen by the said T.P. his Executors and Assigns in as good sort manner and form as the said T. P. drudge ear and sow his own Land and together also with free ingress egress and regress thereunto at all times and seasons convenient without the lawful let disturbance or interruption of the said R. C. and E. his wife and P. C. or any or either of them if they the said R. C. and P. C. or either of them shall happen so long to live And further also That it shall and may be lawfull to and for the said T. P. his Executors and Assigns to have and enjoy all other the premisses herein mentioned according to the Covenant herein made by the said J. B. without any let contradiction or denial of them the said R. C. and E. his wife P. C. or any or either of them Item It is further concluded and agreed That if the said R. C. shall happen to decease before the end of the said Ten years and that the said E. his wife shall be then living whereby the said premisses shall come unto her during her Widowhood according to the custome of the said Mannor of c. that then she the said E. shall and will permit and suffer the said T. P. to hold and enjoy all the said premisses during the remainder of the said ten years that shall be then to come next after the decease of the said R. if she shall so long live and continue a Widow Item It is also concluded and agreed That the said R. C. and P. C. or one of them or their Assigns shall and will satisfie and pay or cause to be paid all Rents Duties and other payments whatsoever hereafter to be due payable or issuing out of the premisses and thereof discharge and acquit the said T. P. his Executors and Assigns during the said term and shall and will also during the said term repair and amend as well all the houses and Buildings in and upon the premisses as also every the Hedges and Fences of the premisses during the said term And the said T.P. for himself his Executors Administrators and Assigns and every of them doth covenant promise and grant to and with the said R.C. and P. C. and either of them their Executors Administrators and Assigns by these presents That it shall and may be lawful notwithstanding these presents to and for the said R. C. and P.C. and their assigns to have and enjoy the Corn and Grain now growing and being in and upon the premisses for this Summer season at times convenient with free ingresse egresse and regresse to cut mow carry away and house the same in the Barn of the customary Tenement and to use the said Barn for the thrashing out of the said Corn and Grain untill the Feast of c. next ensuing Item It is also agreed by and between the said parties to these presents That it shall be lawful to and for the said T.P. his Executors and Assigns in the end of the said term or determination of these presents to have and enjoy the corn and grain that shall be then growing and being in and upon the premisses or any part thereof with free ingresse egresse and regresse to cut mowe carry away and to house the same in the Barn of the said customary Tenement and to use the said Barn for the thrashing out of the said corn and Grain until the Feast of c. then after ensuing Item It is also agreed That the said T. P. his Executors and Assigns shall and will in the end of the said term lay in haine the Meadows and grounds of the premisses the first day of May and so leave the same unto the said J. B. without suffering the same to be eaten with Cattel or spoiled and shall and will spend all the Straw and Fodder in and upon the premisses that shall be yearly made in and upon the premisses and not elsewhere and shall and will also allow unto the said R. C. and P. C. an hundred and half of Reed yearly to be laid upon the houses of the said premisses And for performance of all and singular the Covenants and Agreements aforesaid on the part and behalf of the said R. C. and P. C. or either of them to be performed they the said R. P. and P. C. do bind themselves their Heirs Executors and Administrators unto the said T. P. his Executors and Administrators in the Sum of 80 l. of lawful money of England firmly by these presents In witnesse c. An Obligation and a Condition from a Bayliff and his Sureties to a High-Sheriff Know all men by these presents That we A. B. C. D. E. F. of c. in the County of c. G. H. of _____ in the County of c. and J. K. of c. in the County aforesaid _____ do hold our selves to be firmly bound unto L. M. High-Sheriff of the County of c. aforesaid in c. pounds of good and lawfull money of England To be paid to the said High-Sheriff or to his certain Attorney Executors Administrators or Assigns To which payment well and truly to be made we bind our selves and every one of us by our selves for the whole and in the whole our Heirs and Administrators firmly by these presents sealed with our seales Dated the c. in the year of our Lord c. THe Condition of this Obligation is such That whereas the above-named c. Esq High Sheriff of the County of c. aforesaid hath made assigned constituted
said life yearly from henceforth to have kill and take at or within our said Park the said Buck in Summer and the said Doe in Winter according to the tenor of this our gift and warrant dormant any restraint or commandment heretofore had made or given to the contrary hereof notwithstanding And this our Warrant signed and sealed with our proper hand shall be unto you and every of you a sufficient warrant and discharge against us and our heirs at all times in this behalf Given under our seal and sign manual c. A Condition to cure a Disease or to repay the money THe Condition of this Obligation is such That whereas the within named A.B. the day of the date within written have delivered and given the within bounden C. D. the Summe of eight pound in consideration that the said C. D. should on this side and before the third day of c. next coming after the date within written cure and make whole the said A. B. of the disease or diseases wherewith the said A. B. is now grieved If therefore the said C. D. do before the said third day of c. next well and sufficiently and safely cure and make whole the said A. B. of the said Diseases and also in case the said A. at any time after and before the Fourth day of c. next following be grieved or vexed with the said Diseases or any part thereof or that the said Disease or any part thereof do before the said Fourth day of c. issue or grieve upon any part of the body of the said A.B. then if the said C. D. his Executors or Assigns within twenty dayes next after the said Fourth day of c. do well and truly repay or cause to be repaid unto the said A. B. his Executors Administrators or Assigns the said Summe of eight pound without fraud or covin Then c. Not to sell Lands had by Marriage THe Condition c. That if neither the within-bounden A.B. his Heirs Executors Administrators nor Assigns nor any of them do at any time or times hereafter give grant bargain sell demise let set or otherwise do away all or any of the Lands Tenements Woods Under-woods Possessions or Hereditaments or any part or parcel thereof which he the said A. B. now hath and enjoyeth and is possessed of at this present day by reason of a marriage late had and solemnized between him the said A. B. and I. now his wife c. lying and being in the Towns Parishes Hamlets and Fields of S. and H. in the County of C. or elsewhere within the Kingdom of England to any manner of person or persons without the special licence will consent and agreement of the within named C.D. his Executors or Assigns first had and obtained in writing for the same That then c. To assure a Summe of Money in consideration of a Marriage THe Condition c. That whereas the within bounden A. B. intendeth by Gods grace shortly to marry and take to his wife one C. D. sister of the within named E. F. of the said A. B. do by his last Will and Testament or otherwise without any fraud or covin in case the said C. D. shall after marriage had between them survive the said A. B. lawfully give and assure to the said C.D. the Summe of five hundred pound c. or else goods and chattels to the value or worth of c. over and besides such chains bracelets jewels and apparel which the said C. D. shall fortune to have at the day of the death of the said A. B. which said Summe of five hundred pound or else the said goods and chattels which then shall be worth the said Summe of five hundred pound and the said chains bracelets jewels and apparel the said C. D. her Executors Administrators and Assigns shall and may at all times from the day of the death of the said A.B. peaceably quietly and lawfully have use give set and enjoy at her and their pleasure without any let or interruption of the said C.B. his Executors Administrators or Assigns or of any other person or persons by his or their means assent or procurement That then c. To assure an Estate THe Condition c. That if the within bounden A.B. and C. D. his wife and either of them and their heirs at the proper costs and charges in the Law of the said E.F. his Heirs and Assigns at all times within the space of two whole years next ensuing the date hereof do make assure and convey or cause to be made and conveyed unto the said E. F. and his heirs or to such other person or persons and their heirs as the said E.F. and his heirs shall name and appoint to his and their proper uses and behoofs such a good lawful sufficient and perfect estate or estates assurance or assurances in the Law of and in all the Lands Tenements and Hereditaments whatsoever with the appurtenances both free and copy which late were G.F. deceased Father of the said E. F. set lying and being in B. in the County of C. be it by Deed or Deeds enrolled fine feoffment recovery surrender or surrenders release with warranty against the said A.B. and C. his wife and either of them and their heirs as by the learned Councel of the said E. F. his heirs or assigns shall be reasonably advised or devised the same Premisses then to be clearly discharged of and from all former bargains sales gifts grants and all other charges titles troubles and incumbrances whatsoever they be had made or done by the said A.B. and G. his wife or either of them in the mean time That then c. That the Lessee shall not carry away any Wainscot or Windows at the end of his Lease THe Condition c. That whereas the within named A.B. by his Indenture of Lease bearing date c. hath demised and to farm letten unto the within bounden C. D. all that Tenement with the appurtenances c. now in the occupation of the said C. D. for the term of certain years yet enduring as by the same Indenture more plainly may appear If therefore the said C.D. c. do not at the end of the term of years mentioned in the said Indenture of Lease before recited carry away any of the Wainscor Settles and Cupboards standing and being in the c. or the Keys and Locks being upon the Doors and Cupboards of Wainscor aforesaid of and within the said Tenement nor take away any of the Windows now standing appending or appertaining to the said Tenement but do permit and suffer them there to remain at his departure in as good case as now they are reasonable wearing only excepted That then c. The Obligee to pay money for Wares delivered in trust to another that shall make default of payment THe Condition c. That whereas the within named A.B. hath delivered upon trust to one C.D. certain Wines amounting
whereupon Proclamations be not or shall not be duly made by reason of the adjournment of any term by Writ shall be as good as if any Term had been holden from the beginning to the end and Proclamations therein made according to the Statute 5 H. 4. cap. 14. All Writs of Covenant and other whereupon Fines be levied the Dedimus Potestatem and all Conusances and Notes of the same before that they be drawn out of the Common Bench by the Chirographer shall be enrolled in a Roll to be of Record for ever out of the which execution shall be had if the notes or fines shall be imbezelled 34 H. 7. cap. 24. Every Fine after the engrossing shall be proclaimed in the Court the same Term and the three next four several dayes in every Term all Pleas ceasing the whilest which Proclamations so made the fine shall conclude all Privies and Strangers except women covert persons within 21 years of age in prison out of the Realm or of nonsane memory being no parties to the fine so they or their heirs take their action or lawful entry within five years after those imperfections removed Saving to all persons and their heirs other than parties the right claim and interest which they have at the time of the fine so that they pursue it by Action or lawful Entry within five years next after the Proclamations And saving to all other persons such right title claym and interest as first shall grow remain or come to them after the Proclamations by force of any matter before the fine so they take their right according to the Law within five years after it growes c. And those that be Covert Baron c. at the time when it groweth c. that they or their heirs take their actions or lawfull entry within five years after those imperfections removed Saving also to all not parties nor privies the exception that none of the parties nor any to their use had any thing in the Lands at the time of the fine 31 H. 8. cap. 36. All Fines levied by any person of 21 years of age of Lands entailed before the same fine to himself or his Ancestors in Possession Reversion Remainder or Use shall immediately after Proclamation made be a sufficient Barre against him and his heirs clayming only by such entayle and against all other clayming onely to his use or the use of any Heir of his Body 23 Eliz. cap. 3. Every Writ of Covenant or other Writ whereupon any Fine is levied the Return thereof the Dedimus Potestatem and return thereof the Concord Note and Foot of the Fine the Proclamations and Queens silver Also every Writ of Entry in the Post or other Writ whereupon any Common Recovery is suffered the Writs or Summons ad Warrantizandum and the returns of all these Writs and every Warrant of Atturney may at any mans request be enrolled which enrollment shall be of as great force to all purposes in Law as the things themselves if they were extant No Fine Proclamation or Common Recovery shall be reversed by Writ of Error by reason of false Latine rasure interlining mis-entring the Warrant of Atturney or of any Proclamation mis-entring or non-return of the Sheriff or by reason of any other defect of Form in words and not in matter of substance 31 Eliz. cap. 2. Proclamations of Fines shall be onely four times viz. once in the Term wherein the fine is engrossed and once every of the three Terms next after Of a Recovery A Common Recovery is onely Fiâ—lio Juris being a certain form used for the better assuring of Lands or Tenements upon any man And this Recovery by assent is now by common usage a kind of conveyance upon which a use may be limited and averred And there is a great difference between a Recovery by assent and a Recovery without assent though without title Co. 1. Sir William Pelhams Case 14. In the formalities whereof three things or parties are required viz. a Demandant a Tenant and a Vouchee as efficient causes thereof and the Land demanded as the matter thereof 1. The Demandant is he that brings the Writ of Entry and may be termed properly enough the Recoveror 2. The Tenant is he against whom the Writ is brought and may be stiled the Recoverce 3. The Vouchee is he whom the Tenant voucheth or calleth to warranty for the Land in demand And it is either with a single Voucher which is where the Writ is brought against him that is to pass the Land immediately and he doth vouch over the common Vouchee And sometimes with a double Voucher which is when the writ is brought against another to whom he that is to pass the Land hath aliened it and he doth vouch him that is to make the assurance and he doth vouch over the common Vouchee and this is the surest and safest kind of Recovery And this may be also with a treble Vouchee And here observe That a Common Recovery is much of the nature of a Fine and hath much favour from the Law at this day and is in some respects better than a Fine for a fine will barre the Heir in tail but not him in Remainder or Reversion but a Recovery bars them all Co. 1.22.62 The method of suffering a Recovery and the manner and order of proceeding therein is as followeth First There must be a Writ of Entry and therein a Demandant a Tenant and a Vouchee for if either of these be wanting it is not a compleat Recovery and such persons and by such names may be Demandants Tenants and Vouchees in Recoveries as may be Cognisors and Cognisees in Fines Co. upon Litt. 372. But the persons and parties must be competent and capable and there must be a lawful Tenant to the Praecipe 2. In the Writ of Entry there must be Land contained or some other thing demanded and that such as is demandable and therefore we are to take notice That of such things and by such names as a Writ of Covenant for the levying of a fine may be had a Writ of Entry for suffering a Recovery may be had See Doctor and Student 52. Mores Rep. 953. 3. It must not contain the same thing twice as to name a Messuage and a House parcel of the same Messuage nor a Town and a Hamlet within the same Town 4. If the Writ of Entry be returnable Crastino Martini the Writ of Summons ad Warrant thereupon must bear Teste from the return of Crast Mart. and be returnable nine returns after the return of the Writ of Entry inclusivè that is accounting Crast Mart. for one of the nine returns and Tres Paschae which is the ninth return after Crast Mart. for another And the Teste of the Writ of Seisin must be the day of that ninth return and be returnable fifteen days after If a single Recovery and a Fine be against the Tenant the Writ of Entry must bear date and Teste before the Writ of
569. Case 777. 5. In the Case of Mallory and Jennings Trin. 43 Eliz. C. B. it was held by the whole Court That upon a bargain and fale by Deed indented and inrolled after inrollment if it be within the six moneths the Bargainee shall be said to be in from the date of the deed so that if the Bargainor in the mean time between that and inrollment enter into a Statute this shall not bind the Land a Release to the Bargainee in that time shall be good also a Recovery against the Bargainee within that time shall be good And if the Bargainee after the bargain and sale and before inrollment do bargain and sell the Land by deed indented and inrolled to another and after the first deed is inrolled within the six moneths the bargain and sale by the bargainee is good So agreed also in Trin. 3 Jac. C.B. between Lellingham and Alsop Presidents of Bargain and Sale THis Indenture made c. between A. B. of c. of the one part and C. D. of c. of the other part Witnesseth That the said A.B. in consideration of 1000 l. of lawful money of England to him in hand paid by the said C. D. hath bargained sold given and granted and by these presents doth bargain sell give and grant unto the said C.D. all that c. Here recite the particular of all the Houses Lands and other things To have and to hold the same c. and premisses unto the said C. D. his Heirs and assigns to the onely use and behoof of the said C.D. his heirs and assigns for ever The usual Covenants for Warranty That the Bargainor hath a good Estate c. as also for quiet enjoying freedom from incumbrances and the making of further assurance are to be added Or it may be by way of Covenant thus This Indenture made c. witnesseth That the said A.B. doth for him and his heirs covenant grant and agree to and with the said C. D. and his heirs That he the said A.B. and his heirs in consideration of 1000 l. of lawful money of England to him in hand paid by the said C.D. shall and will from henceforth stand and be seised of and in all that c. here recite the Lands c. to the only use and behoof of the said C.D. his heirs and assigns for ever Or else to this purpose The said A. B. doth for him and his Heirs covenant with C. D. and his heirs in consideration of 1000 l. of lawful money of England to him the said A.B. in hand paid That the said C.D. shall have to him and his heirs and to his and their own use all the Lands Tenements and Hereditaments of him the said A. B. lying and being in D. in the County of L. and as they are particularly mentioned and expressed in the Schedule hereunto annexed And these if they are to pass any Freehold are to be inrolled as is before set forth Sometimes they are with a Defeasance after this manner This Indenture made c. Between c. Witnesseth That whereas the said A.B. hath by his Deed Indented bearing date c. for the summe of c. bargained and sold to the said C.D. all that c. Here recite the particulars To have and to hold to the said C.D. his heirs and assigns for ever as by the same relation being thereunto had may and will appear Nevertheless it is now fully concluded and agreed between the said parties and the said C.D. doth for him and his heirs hereby covenant and agree to and with the said A.B. and his heirs That if the said A.B. or his heirs shall well and truly pay or cause to be paid to the said C. D. his Executors c. the said summe of c. at or before the Feast of c. now next coming after the date hereof That then it shall and may be lawful to and for the said A. B. and his heirs into the said c. to re-enter and the said C.D. from thence to expel and put out and the same to have as in his or their former estate And that from the time of the repayment of the said money and from thenceforth the said C. D. and his heirs shall stand and be seised of and in the said c. to the use of the said A. B. and his heirs for ever And also that all Conveyances and Assurances thereof then had and made to the said C.D. and his heirs or to any other person or persons shall after the repayment of the said summe of c. be to the use of the said A.B. and his heirs for ever any thing in the said Indenture or in this present Indenture to the contrary in any wise notwithstanding Or thus Provided That if the said C. D. or his heirs shall not pay or cause to be paid to the said A. B. his Executors c. at or in c. the summe of c. at c. that then and so often as default of payment of any of the said summes or of any part thereof shall be made contrary to the true meaning hereof it shall and may be lawfull to and for the said A. B. his heirs c. into the said bargained premisses with the appurtenances to re-enter and the same to have again hold and retain without any wast doing and the profits thereof coming to his or their own use to receive untill the said summe or summes of money whereof such default shall be made contrary to the true meaning hereof shall be paid to the said A. B. his c. And that so oft as such default shall be made as aforesaid the said C. D. and his Heirs shall stand and be seised of all and singular the premisses with the appurtenances to the use of the said A.B. his Executors Administrators or Assigns for the several times aforesaid And after any sum of twenty pounds whereof default of payment shall be made to the said A. B. his Executors c. respectively shall be paid that then and so oft the said A. B. and his heirs shall stand and be seised of the premisses with the appurtenances to the use of him and his heirs under the condition aforesaid until the said summe of c. be paid according to the true meaning hereof And that then and from thenceforth the said C.D. and his heirs shall stand and be seised of all the said premisses with the appurtenances to the only use of the said C. D. his heirs and assigns for ever absolutely and without any manner of condition or other limitation of use or uses whatsoever In witness c. Of a Judgment and the Execution thereof A Judgment is the end of a Suit or rather the Sentence or Decree that a Judge doth make at the end of a Suit which is no more but the pronouncing of what the Law doth set down and determine in that case Secundum allegata probata and this so long as
Prisoner be removed out of the Fleet that was there in Execution out of the Common-Pleas and he be removed by a Habeas Corpus cum causa and then sent to the Marshalsey for another debt and escape from thence In this case the Keeper of the Marshalsey and not the Warden of the Fleet shall be chargeable for both the first and the second debt Co. 4.98 Dyer 278. 10. If a Woman be Warden of the Fleet and she hath Prisoner one in Execution at my Suit and they marry together this shall be adjudged an escape in Law in the Woman for the prisoner is now by Law discharged So if a man have a Prison in Fee and his son and heir be his prisoner and he dye and the prison descend to his son this will be an escape in Law in the Guardian for which I may have an Action of Escape Plowd 37. The Statutes concerning this Point are Westm 2. cap. 18. He that recovereth debt or damages in the Kings Court may at his choyce have a Scire facias of the Lands and Chattels of the debtor or a Writ for the Sheriff to deliver him all the Chattels of the debtor except Oxen and Plough Beasts and the moyety of his Land by a reasonable Extent till the debt be levied And if he be ejected out of the Land he shall have an Assise and afterwards a Writ of Redisseisin if need be Stat. 32 H. 8. cap. 5. Lands lawfully delivered in Execution upon a Judgment or Recognisance being evicted without any fraud or default in the Tenant before he have levied the whole debt and damages the Recoverer and the Recognisee shall have a Scire facias out of the same Court where Execution was awarded returnable there full Forty dayes after the date And thereupon a new Writ of Execution of the nature of the former to levy the rest of his debt and damages if the Defendant make default or shew no good matter in barre Westm 2. cap. 46. For all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things enrolled A Writ of Execution shall be within the year so as the parties shall not need to plead After the year a Scire facias Of a Statute A Statute as it is taken for a legal assurance is an Obligation of Record and it is so called because it is made in pursuance of and according to the Form particularly provided for the same and is of three sorts viz. 1. A Statute Merchant 2. A Statute-Staple 3. A Recognisance 1. The Statute-Merchant is a Bond acknowledged before one of the Clerks of the Statutes Merchant and Mayor c. of the City of London or two Merchants of the said City for that purpose assigned or before the Mayor of York c. chief Warden Master or Mayor of other Cities or Towns or before the Bayliffs of any Burrough or other sufficient men for that purpose appointed sealed with the Seal of the Debtor or Recognisor and of the King which is of two pieces the greater is kept by the Mayor c. and the lesser by the said Clerks This is upon 13 E. 1. Stat. 4. Acton Burnell 11 E. 1. Co. upon Lit. 289. And is after this Form NOverint universi per praesentes me A. B. de c. Teneri C. D. de c. in mille libris legalis monetae Angliae solvendis eidem C.D. ad Festum Sancti Michaelis Archangeli anno Regni Regis c. Et nisi fecero concedo quod currat super me et haeredes meos districtio et Poena provis in Statut. Domini Regis edit apud Westm Dat. apud Lond. die c. anno c. Or otherwise thus NOverint Universi per praesentes me R. D. de M. in Parochia de B. in Com. W. Gen. Teneri et per hoc praesens scriptum de Statut. Mercator firmiter Obligari H. M. de C. in Comitatu Civitatis L. Generos in quingentis libris bonae et legalis monetae Angliae solvend eid H. M. aut suo certo Attornato Executoribus et Assignatis suis in festo c. Et si non fecero volo et concedo quod currant super me haeredes Executores et Administratores meoâ— Districtiones et poenae praemissae in statut â—dit in Parliament Domini Edwardi primi quondam Regis Angliae apud Acton Burnell pro debitis mercatorum Recuperand ' Dat. In English thus MEmorandum That R. T. of H. in the County of K. Esq such a day and year came before our Lord the King in his Chancery at Westminster personally constituted and then and there acknowledged That he did owe c. to E. F. of C. in the County of L. Gent. and S. H. of D. in the said County of L. Gent. c. five hundred pounds of lawful money of England to be paid to the said E F. and S. H. or to their certain Attorney Executors or Assigns on the Feast of St. c. next coming after the date of these presents And if he shall fail in the payment of the aforesaid summe of Money at the Feast aforesaid that then the said R.T. for himself his Executors and Assigns willeth and granteth That the said summe of money shall be levied of his Lands and Tenements Goods and Chattels to the use of the said E.F. and S. H. their Executors and Assigns Witness our said Lord the King at Westminster the day and year above mentioned And these kinds of Statutes although at first ordained and used for Merchants onely yet at this day it is and may be used by any others and it is become one of the most frequent and usual assurances in the Kingdom 2. The Staple doth signifie this or that Town whither the Merchants by common order and command do carry their Commodities as Wooll and the like to vent and utter by the great or whole-sale The Statute-Staple is either properly or improperly so called That which is properly so called is a Bond of Record acknowledged before the Mayor of the Staple in the presence of one of the two Constables of the same Staple and sealed with the Seal of the Staple and sometimes also with the Seal of the party which it seems is not absolutely necessary This was devised and used only for Merchants and Merchandizes of the same Staple and is founded upon 27 E. 3. Stat. 2. Co. super Litt. 289. But this now may be used by Merchants or any other for the payment of debts or assurance of Lands or other things and is of the same nature with the Statute-Merchant A Statute-Staple improperly so called is an Obligation of Record founded upon the Statute of 23 H. 8.6 and is in the nature of a Statute-staple and of the same force This is and may be acknowledged before one of the Chief Justices and in their absence before the Mayor of the Staple at Westminster and the Recorder
of London It is sealed with three Seals viz. the Seals of the Conusors the King and one of the Justices or else the Mayor and Recorder The Form of it is thus Noveritis c. me A.B. teneri C.D. in mille libris solvend eidem ad Festum sancti c. Et si defecero in solutione debitiÌ„ praedicti Volo Concedo quod tunc currat super me Haeredes et Executores meos meos Poena in Statuto Stapulae debit pro Mercandisis in eadem emptis recuperand ordinat et provis Dat. c. Or thus Noverint Universi per praesentes nos A.B. C.D. teneri et firmiter Obligari J.S. in mille libris sterlingor ' solvend eid J.S. aut suo certo Attornato hoc script ostend ' Haeredibus vel Executoribus suis in festo c. proxime futur post dat praesentium et si defecerimus in solutione debiti praedicti Volumus et concedimus quod tunc super nos et quemlibet nostrum Haeredes et Executores nostros poena in Statuto stapulae de debit ' pro Mercandisis in eâ—d emptis recuperand ordinat et provis Dat. c. Anno Regni c. Vide Stat. 23 H. 8.6 Cro. 1.326 Co. 2. Inst 678. There are divers other Recognizances taken and acknowledged before the Lord Chancellor Master of the Rolls and others as the Justices of the one and the other Bench Barons of the Exchequer Judges of the Circuits Justices of the Peace and Sheriffs some whereof are by the Common-Law and some by certain Statutes And amongst these some are without Seal and recorded onely and some are sealed and recorded also Some of them are in the nature of Bayl and some of them are given to the King and both these are of the nature of the former kind of Recognisances which we will not meddle with but onely those made to subjects and for the payment of money or the doing of some other thing by one subject to another wherein he that doth enter into the Statute or Recognisance is called the Conusor or Debtor and he to whom it is made is termed the Conusee For the better understanding of matters relating to those things we are to observe That the forementioned Statutes are much of the nature of a Judgment had upon a Suit in the Kings-Bench or Common-Pleas and therefore are called Pocket-Judgements 2. That if the Writing be not as good as a Statute it will not be good to any purpose for if void as a Statute it will be void as an Obligation Cro. 3.319.494 3. That a Statute first acknowledged shall be preferred before a Judgment after had So that if a man acknowledg a Statute and after confess a Judgment and the Land be extended on the Judgement the Conusee shall have a Scire facias to avoid the Extent upon the Judgment And yet a Judgment had in a Court of Record shall be preferred in case of an Executor before a Statute and the Executor is to satisfie the Judgment before the Statute And it is held per totam Curiam That be the Judgment first or last it must be first satisfied Co. 6.45 in Higgons Case Plowd 32. Pemberton and Bartons Case Co. 4. in Sadlers Case Dyer 80. 4. If one owe me a Debt upon a Statute and dye his Executor or Administrator must see me paid this debt before â—e pay any debt to a Subject upon a Bond or for Rent or upon a single or simple contract it must be paid next after Debts upon Judgement 5. All Statutes Merchant and of the Staple are to be brought to the Clerk of the Recognizances within four moneths and to be enrolled within six moneths otherwise they will be void as to purchasors 27 Eliz. cap. 4. 6. That a Statute or Recognisance if it be obtained upon an Usurious contract or of purpose to deceive men in the purchase of their Lands or for the obtaining of their just debts they will be void or voidable by this Cro. 2.67 425. 7. That if two do acknowledge a Recognisance or Statute of 1000 l. quilibet eorum in solido this will be joynt and several and the Conusee may have several Scire Facias's upon it And it is said that a special Recognisance may by express words bind the Lands of the Conusor in one County only Co. 2. part Inst 395. 8. If a Statute Staple be not sealed with the Seal of the party that doth acknowledg it yet it seems to be good enough for the Statute doth not require it But a Recognisance within the Stat. of 23 H. 8. cannot be good except the Seal of the party be to it for so are the words of the Statute by three Justices of the Common-Pleas Trin. 22 Jac. 9. If a Statute be made to two and one of them come with it he shall have Execution in both their names And it is the common course that any stranger that comes with a Statute may have Execution of it in the dame of the Recognisee And if after the death of the Recognisee a stranger come in his own name and shew the Statute he shall have Execution of it though as we said the Conusee himself come not in person 10. If the Conusor of a Statute Merchant or Staple c. be taken and he dye in Execution yet the Conusee shall have Execution of his Lands and Goods Or if the Conusor in Execution escape his Goods and Lands shall be taken and executed upon the Statute For the action given to the Conusee against the Sheriff for the Escape is not a satisfaction Co. 5.86 87. Fitz. 246. 11. A Writ of Extent was awarded in the time of Queen Mary returnable Quindena Martini the Writ executed by Inquisition in the life of the Queen but before the return the Queen dyed and yet it was returned and a Liberate granted in the time of the next Queen In this case it was doubted by the Court That the Extent was not well returned Dyer 205. 12. In a Scire facias upon a Recognisance Joynt-Tenancy is a good plea to abate the Writ and if it be upon a Judgment to have Execution it is a good barr that the Plaintiff hath assigned his damages to the King although the King have not levied So also it is a good barr to say that the Sheriff hath levied the money by Fieri facias albeit he hath not returned the Writ Moores Rep. 671 693. 13. If an Extent be sued by an Executrix upon a Statute made to her Testator and she dye before the Inquisition taken this Inquisition may as it seems be taken after her death and an Administrator de bonis non administratis of the Testator upon this Extent sued by the Executrix may have a Liberate and shall not need to begin again and have a new Certificate and a new Extent and Liberate Cro. 1.326 But this shall suffice as to those Particulars I will now shew you what is liable to
Execution upon a Statute or Recognisance and when and how Wherein take notice 1. That when a man doth enter into a Statute or Recognisance the Land of the Conusor is not the debtor but the Body And the Land is lyable onely in respect that it is in the hands of the Conuâ—or at the time of the acknowledging of the Statute or afterwards and the Land is not charged with the debt but chargeable onely at the election of the Conusee but the person is chargeable and the Land in respect of the person And therefore although the Conusor alien his Land to another yet he remains debtor still and his body and goods shall be taken in Execution Plow 72. 2. That the body of the Conusor himself but not the body of his Heir Executor or Administrator is lyable to Execution and may be taken although there be Lands Goods and Chattels to satisfie the debt 3. That all the Demesne Lands Tenements and Hereditaments corporeal and incorporeal of the Conusor that are grantable over as his Mannors Messuages Lands meadows Pastures Woods Rents Commons Tythes Advowsons and the like also his Goods and Chattels as Leases for years and all his Emblements Cattel Housholdstuff and the like and Wardships when they were in being are lyable to Execution upon a Statute But Annuities Offices in Trust Seigniories in Frank-almoigne Homage Fealty Right to Land things in action and such like are not liable to such Execution Co. 3.12 Plow 72. Co. 2.59 Litt. Sect. 318. Dyer 7.205 Co. on Litt. 174. Doct. Stud. 53. Co. 2. Part. Inst 397. 4. All the Lands Tenements and Hereditaments which the Conusor had at the time of the Recognisance entred into or at any time after in whose hands soever or by what means soever the same are come at the time of the Execution shall be subject and lyable to the Execution But the Lands which the Conusor had and did put away before the time of the Statute or Recognisance entred into are not lyable And all the Goods and Chattels the Conusor hath or are found in his hands at the time when the Execution is to be made by Extendi facias are lyable But the Goods and Chattels he had and did bona fide do away before the time of Execution done are not lyable to the Execution Co. 3.12 5. The Conusee upon other Recognizances shall have the same things in execution as a man shall have after a Judgment in a Suit in the Kings-Bench or Common Pleas by Fieri facias or Levari facias all his Goods and Chattels and by Elegit the moiety of his Lands and all his Chattels besides the Cattel of his Plow and Implements of Husbandry But in these cases he cannot take the body of the Conusor in Execution unless it be upon a new Suit or in case of Bayl in the Kings Bench. Plow 72. Co. 3.12 Dyer 306. In the next place I will shew you the Method how a Statute or Recognizance is to be executed and all the proceedings thereupon Wherein observe That Recognisances are of two sorts 1. Such as are usually taken in the Kings Courts of Record at Westminster 2. Such as are in the nature of a Statute staple by the Statute of 23 H. 8. The proceedings upon the Statute Staple and the Recognisance founded on the 23 H. 8. aforesaid in the execution thereof are in the same manner as the proceedings in the Statute Merchant which I mention hereafter but with these differences 1. Upon the execution of the Statute-Merchant there issues forth a Capias against the Body before any execution be made of the Lands or Goods and Chattels and the Lands and goods cannot be extended till a quarter of a year be past after the Body is taken or the Sheriff have teturned a Non est Inventus But upon the execution of the Statute-Staple and the Recognisance the Body goods and Lands may be taken altogether at once Then secondly Upon a Statute-Merchant one may have an Action of debt but otherwise it is of a Statute-staple And thirdly The Capias upon the Statute-Merchant may be returnable in the Kings-Bench or Common-Pleas but the Writ of Execution upon the other is to be returnable in Chancery F.N.B. 130 131. Co. on Litt 290. Fourthly That in a Statute-Staple presently after the Certificate into the Chancery the Conusee shall have a Writ to take his body and extend his Lands and Goods returnable in Chancery which is a Commission directed to the Sheriff of the County where the Goods and Lands lye for the valuing thereof whereby they shall be apprised at a reasonable rate by a Jury of sworn men impanelled by the Sheriff for that purpose which Inquisition returned by the Sheriff he may take and deliver the Lands and Goods to the Conusee To hold the same till he be satisfied of his debt and damages or if he refuse the Conusee may force him to it by a Liberate Dyer 180. Co. 4.67 The proceedings upon a Statute Merchant are That the Conusee may if he please bring his Statute to the Mayor Clerk or other Officer before whom it was acknowledged and there if they find the record of it and the day to be past for the payment of the money they are to apprehend and imprison the body of the Conusor if he be a Lay-person and can be found within their Jurisdiction And if he cannot be found then they are to certifie the Record into Chancery And this they may be compelled to by Certiorari if otherwise they refuse to do it And upon a Nihil returned upon a Testatum est he may have process into another County but otherwise it is of goods And if that Certificate be faulty or Execution be not done upon it by reason of the Conusees death or otherwise the Conusee or his Executor or Administrator may have another Certificate and thereupon he shall have a Writ of Capias out of the Chancery directed to the Sheriff of the County where the Conusor lives to apprehend and imprison him if he be not a Clergy-man and this to be returned into the Kings Bench or Common-Pleas And when the Conusor is taken he shall have time for a quarter of a year to make his agreement with the Conusee and to sell his Lands or Goods to satisfie him And to that purpose he himself may sell his Lands and Goods although he be in prison and the sale thereof will be good and lawful But if in that time he do not satisfie the Conusor or if upon the Capias the Sheriff return a Non est inventus then by another or divers Writs if the Lands and Goods lye in divers Counties called Extendi facias to all the Sheriffs of the Counties where he hath Lands whereby they shall be commanded to extend his Lands and goods and to deliver the goods to him and the Lands To hold to him and his heirs till the debt be levied or paid And this Act of the Sheriff
and Jury upon this Writ is called an Extent And if the Sheriff or Apprisors upon the Extendi facias over-value the Lands or Goods in favour to the debtor the Conusee hath no remedy but by motion in that Court where the Writ is returnable at the Return day or at least the same Term to desire that the Apprisors may take the Lands or Goods at the rate they have valued them in the same manner as the Corusee is to have them And a Sale made of Goods in this case by the Sheriff is as strong as if it were in Market-overt And when the Conusee is in possession of Lands by such an Extent as before then is he Tenant by Statute And after the Conusee is once setled in peace in the Lands extended he shall hold them till he be satisfied his debt and his reasonable costs and damages for travel suit delay and expence See for this Dyer 299. Co. 5.87 F.N.B. 130. Co. on Litt. 290. Co. 2. Part Inst 395 396. The proceedings upon the other kinds of Recognisances are after another manner For upon Recognizances at the Common Law if the money be not paid at the day the Conusee his Executor or Administrator is to bring a Scire facias against the Conusor or if he be dead against his heir when he is of full age or if the Lands the Conusor had at the time of entring into the Recognisance be sold against the Purchasors of them which the Conusor had at any time after the Recognisance entred into to warn them to come into the Court whence the Scire facias issued to shew cause why Execution should not be made upon the said Recognisance and if the party or parties cannot be sound to be warned or being warned do not appear at the time or appearing do not shew cause why the debt should not be levied In this case the Conusee shall have Execution of his moiety by Elegit or if the Conusor be living of all his Goods by Levari or Fieri facias at his Election but he may not have Execution of his Body unless he bring an Action of Debt upon the Recognisance as in this case he may do or it be by the course of the Court as it is in the Kings Bench on a Bayl wherein a Capias doth lye Dyer 315 360 366. The proceedings against the Sureties upon Statutes are to be in the same manner as the proceeding against the Principal And yet where the Principal hath moveables to satisfie the debt the Surety as it seems is not to be charged I will Illustrate this matter in the next place with some few Cases And first 1. Tenant by Elegit upon Judgments and Recognisances is to hold the Land until he be answered his debt without his costs and Mises c. But Tenant by Statute Merchant Statute-Staple or by Recognisance in nature of a Statute-Staple is to hold the Land c. untill he be paid his debt together with his Mises and Costs Co. 2. part Inst 678. 2. In case where Extenders upon Elegit or other Writ of Execution or upon a Recognisance in Court do extend the Land too high they shall not be forced to take it at the rate as the Extenders of Land for Execution upon a Statute-Merchant Staple or Recognisance in nature of a Statute-Staple shall be Bendloes Rep. 15. Co. on Litt. 290. Yelverton 55. 3. If one seised of White-acre Black-acre and Green-acre enter into a Statute or Judgment against him and then he enfeoffeth A. of White-acre and B. of Black-acre and keep Green-acre to himself in this case the Conusee or Plaintiff may have his Execution upon the moiety of Green-acre and not meddle with the other two Acres if he please but he may not in such case extend a moiety only in the hands of both the purchasors but he must extend a moiety in the hands of both the purchasors and of all the rest of the Land subject to the Execution for if he leave out any 〈◊〉 it the party grieved thereby will have his remedy and avoid the Execution by Audita Querela for where the Books say each purchaser shall have contribution in that case it is intended that such extent shall be avoided of that part and all the Land shall be extended and equally charged And so it is in this case where Green-acre shall descend to an heir there the Conusee may extend onely the moiety of this Acre in the hand of the heir and not meddle with the two Acres in the hands of the purchasors if he please But where there be two or more Conusors in a Statute c. there the Lands of them all and not of one of them are to be extended Co. 2. part Inst 396. 4. If two persons recover against one in debt severally and he that hath the first Judgment sues an Elegit and hath the moyety of the Land in Execution and then the other sues an Elegit In this case he that last sueth shall have but a moyety of the moyety that is left Cro. 3.482 5. If the Conusee on a Statute or Recognisance in nature of a Statute receive his whole debt by the Land yet may not the Counsor enter but where upon an Elegit he is satisfied there the Conusor may enter on his Land Co. 2. Part. Inst 600. In the last place I will give you the Statutes concerning this matter Westm 2. cap. 46. For all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things enrolled a Writ of Execution shall be within the year so as the parties shall not need to plead c. Stat. de Acton Burnell 11 E. 1. A Debt acknowledged to a Merchant before the Mayor of London York or Bristol or before a Mayor or Clerk appointed by the King thereunto shall be enrolled And if the Debtor fail of his payment at the day the Debtee or his Executors may call for Execution and upon notice thereof to the Mayor and Clerk they shall cause his Chattels and Moveables to be sold as far as the debt doth amount by Apprisement of honest men and the money without delay shall be paid to the Creditor and in case they cannot sell them they shall cause so much of the moveables to be delivered to him as amounts to the debt and the Kings Seale shall be put to the sale and deliverance and if the Debtor have no moveables within the Mayors Jurisdiction then shall the Mayor send the Recognisance unto the Chancellor under the Kings Seal and the Chancellor shall thereupon direct a Writ to the Sheriff in whose Bayliffwick the Moveables of the Debtor be who shall proceed therein as the Mayor might have done if the Moveables had been in his power If the Apprizors set too high a value on the things that are to be sold they shall be compellable to take them at the same prices and shall
forthwith be answerable to the Creditor for his debt And albeit the moveable Goods are sold for less than they are worth yet is the Debtor without Remedy and it shall be imputed to his own folly that he would not sell them himself while he might And if the Debtor have no moveables whereon the debt may be levied he shall be imprisoned and there remain till he agree with his Creditor and if he be in want the Creditor shall find him bread and water which the prisoner shall also satisfie before he be inlarged And if it be a Merchant Stranger that is Creditor he shall be satisfied for his stay about the business And if the Debtor have Sureties they shall be proceeded against in like form as is before declared against the Debtor howbeit so long as the Debt may be levied of the goods moveable of the Debtor his Pledges or Mainpernors shall be without damage Stat. de Mercatoribus 13 E. 1. A Debt acknowledged to a Merchant before the Mayor of London or Chief Warden of a Town which the King shall appoint or other sufficient Men when they cannot attend and before a Clerk which the King shall assign shall be enrolled and if it be not paid at the day the Debtor â—f he be a Lay-man shall be imprisoned by the Mayor till c. if he be within their power else by Writ out of the Chancery upon Certificate of a Recognisance thither And if he agree with the Creditor within a quarter of a year after then all the Lands which were the Debtors the day of the Recognisance made and also his Goods shall be delivered to the Creditors upon a reasonable extent And of these Lands so delivered the Conusee being ousted shall have an Assise or Redisseisin The Writs out of the Chancery shall be returnable before the Justices of either Bench and upon a Non est inventus returned or that he is a Clerk Writs to all the Sheriffs where he hath Lands or Goods shall go forth to deliver the same upon reasonable extent and to what Sheriff he will to take his Body The like process shall be against the pledges if the money be not paid at the day If the debtor or pledges dye the creditor shall have Execution upon the Lands of the heir at his full age Magna Charta cap. 8. The King shall not take the Lands or Rents of the debtors if he have sufficient Chattels Magna Charta cap. 18. The goods of the Debtor may be attached after his death by the view of lawful men that nothing shall be medled with till the Kings debt be paid Stat. 27 E. 3. cap. 9. The Mayor of the Staple shall take Recognisance of debt before himself and the Constables of the Staple whereupon default of payment being made the debtors Body shall be imprisoned and his goods sold in satisfaction if they be within the Staple else upon a Certificate into the Chancery a Writ shall go out from thence to imprison their Bodies and seize their Lands and goods which shall be returned into the Chancery and Execution thereupon in all respects as in the Statute-Merchant 〈◊〉 save that the debtor shall have no advantage of the quarter of a year Stat. 5 H. 4. cap. 12. A Statute being once shewed in the Common-Pleas and the process afterwards discontinued yet Execution may be afterwards awarded without shewing it again 11 H. 6. cap. 10. He that is in prison upon a Recognisance shall not be delivered out of prison upon a Scire facias against the party and surety thereupon found to the King alone but shall find Sureties severally as well to the King as to the other party Stat. 23 H. 8. cap. 6. Either of the Chief Justices or in their absence out of the same Term the Mayor of the Staple of Westminster with the Recorder of London may take Recognisances And they shall be executed in all respects as a Statute-Staple Stat. 27 Eliz. cap. 4. Every Statute-staple or Merchant not brought to the Clerk of the Recognisances within four moneths next after the acknowledging to enter a true copy thereof shall be against all persons their heirs successors executors administrators and assigns onely which for good consideration shall after the acknowledging of the same statute purchase the Land or any part lyable thereunto or any Rent Lease or profit of it Stat. 33. H. 8. cap. 39. All Obligations to the King shall be of the force of a Statute-staple If the Owner of goods sell his goods after the Teste of the Extent and before the Inquisition taken yet the Sheriff may seise and extend them Mores Rep. Case 72. Of a Dephesance A Defeasance which doth infectum reddere quod factum est signifies in our Law nothing but a Condition annexed to an Act as to an Obligation Recognisance Statute or Judgment which being performed by him that is bound and chargeable by the Act the Act it self is disabled and made void as if it had never been made or done And this is more peculiarly and properly applied to such conditional Instruments as are made in avoidance of Statutes and Recognisances at or after the time of entring into the same It differs from a Condition in this That a Condition is alwayes made at the same time with the Deed and commonly either annexed to it or inserted in it But a Defeasance is alwayes made in a Deed by it self and for the most part after the Original Deed is made or Act done to which it hath relation Wherein observe That all such things as are executory being created may by consent of all the parties to the creation of it be defeated so amongst others Bargain and Sales Statutes Recognisances and Judgements For it is a rule That in all Executory things that are made or created by Deed or Record the same thing by the consent of all the parties may in the like way be defeated and avoided Nihil est tam conveniens naturali aequitati quam quod unumquodque dissolvatur eo ligamine quo ligatur Co. upon Lit. 236. Plow 193.237 Co. 1.112 113. To make a good Defeasance these things are necessarily required 1. That if it be eodem mode it must be avoided by some act or instrument in Writing as it was created and therefore a Parol agreement to avoid a Statute will not be good It must therefore be by Deed but whether it be indented or Poll is not material Co. 1.14 Broo. Defeasance 13. Plowd 393. 2. That if it recite the Judgment or Statute which is very fit though not absolutely necessary care must be taken to reciâ—â—â— very exactly for if a Defeasance be made of a Statute or Recognisance made 1. Maii and it be recited to be made 10. of Maii it will be void so if it recite a Judgment as of Hillary Term and in truth it was in Easter Term. Plowd 393. Co. 1.113 3. It must be made between the same persons that were partieâ— to the
Original Deed. 14 H. 8.10 Broo. Estrange al fait 10. And yeâ— if a Statute be made to the Husband and Wife and the Husband alone joyn in making the Defeasance This shall be a good Defeasance Broo. Defeasance 3. 4. That it be made of a thing defeasible and so is a Judgment Statute or Recognisance and so it may be agreed to be upon payment of a less summe than that mentioned in the Statute or â—udgement or by the not disturbance of the execution of the Will of S or by the making of a good Estate in Land or the quiet enjoyment of Land bought or the like Fitz. bar 71.20 H. 7.24 21 H. 7.32 5. And it is best done before the execution of the Statute c. yet if the Defeasance of a Statute come after the Execution and be thus That if the Conusor pay so much money then the Statute shall be void It is best to adde these words in the Defeasance That then tho said Statute and the execution thereof shall be void Broo. Defeasance 7. And thus it seems a Defeasance may be after a Defeasance or one Defeasance after another and regularly in that case the last will stand Pasch 8 Jac. C. B. agreed Of an Audita Querela Audita Querela is a Writ lying where one is bound in a Statute Merchant Staple or Recognisance or where a Judgement is given only for debt or damages and the party in Execution for any debt or duty in any such case and he hath a release or some other sufficient discharge of all or part of the duty or some other matter to say in avoidance of the Statute or Judgment but hath no day in Court to plead it nor means to make use of it In this case he may have this Writ which is in the nature of a Commission to examine the equity of the case and give relief to the party in danger by the extremity like to befall him from the rigour of the Law in it Co. upon Lit. 290. Cro. 2.646 The proceedings herein are most properly in Chancery And there first by Venire facias with an Alias and as some say by Pluries upon a Nihil returned And if the Defendant do not then appear by a Distringas ad audiendum Judioium and upon default herein a Judgment is given And upon Bayl given to prosecute and stand to the Judgment he may have a Supersedeas to stay Execution But after Execution there goes a Scire facias and no Supersedeas may be had And this is not returned into the Chancery but where it is grounded upon a Record in Chancery as a Statute and the like And no man by this may get himself to be Bayled in case of a Habeas Corpus upon a bare surmise only but by proof of witnesses in writing Dyer 339. F. N. B. 104. Cro. 3. part 308. Broo. Aud. Quer. 41. Upon the Statute Staple the course is to have the Audita Querela to the Chancellor But upon the Statute Merchant it is to be directed to the Justices de Banco Dyer 332. In this Suit the Nonsuit or Default of any one of the Plaintiffs shall not hurt another Co. 6.25 This Writ will not lye upon a bare surmise onely Dyer 232. Cro. 2. 579 694. But it lyeth for the party himself against whom the Judgment is given and against whom the Statute is made or for his Heir Executor or Admioistrator or either of them upon whom the charge is come or coming If my Ancestor to whom I am heir hath entred into a Recognisance and the Sheriff after his death extend my Land or a Rent out of it I being within age by this Writ I may avoid the Extent so that by this the Infant may avoid not onely his own statute but also the extent of the Statute of his Ancestor Mores Rep. Case 121. If a Statute be taken by one that hath no power to take it and after the Conusor doth enfeoff a stranger of the Land and the Conusee sueth Execution on the Statute the Feoffee may have this Writ to avoid Execution Dyer 35. If an Obligee have a Judgment against the heir of the Obligor and his Land in extent and the Obligee assign away his Estate in it to a stranger and after the heir get a Release of this Judgment from the Obligee he may have this Writ against the Assignee Adjudged Pasch 7 Jac. B. R. Flowers Case Note An Audita Querela is not returnable in Chancery but in 〈…〉 it is grounded upon a Record in Chancery as a Statute c. And it seems none are to be baffled upon a Habeas corpus by Audita Querela upon a Surmise but it must be proved by writing In Trinity Term 14 Jac. B. R. One Pierce was brought in upon a Habeas Corpus and Surmise That Mosten had recovered in B. R. against Morris in debt upon a Bond had Judgment against Morris the principal and a Capias ad Satisfaciendum against him and after that another Capias against Peirce the Surety which came in upon Habeas corpus and brought an Audita Querela and surmised payment by the principal And Bayl was denyed him by the Chief Justice nullo contradicente This Remedy is given most properly where the Statute is not good as where it wants a Seal or the like for in cases where the Statute is good and the proceed in the execution of it is erronious onely there the relief is properly by Writ of Error Cro. 3.319 494. In all cases therefore where this remedy is given it is requisite that these three things be in the case 1. There must a charge or burthen come or coming upon him that is to have it 2. It must be such a charge or burthen as that whereof by Law he ought to be discharged and disburthened in all or in part 3. It must be in such a case as wherein he hath no other way to relieve himself And therefore it is used and had sometimes to avoid a Judgment and the execution thereof or to avoid a Statute or Recognisance As if a Judgment or Judgment and Execution be had against me and the Plaintiff in facto release me of the debt or I be released of it or of part of it by Law and yet he sueth Execution out against me for the whole I may have may relief by this way So if a Judgment be had against me and another for one debt and one of us is taken in Execution and after either of us get a discharge in fact or in Law of the debt both or either of us must have relief by this way Pasch 40 Eliz. C. B. Monke and Brown Co. 8.152 Plow 72. Dyer 50. If the Conusee of a later Statute extend Lands of the Conusor in one County having Lands in two Counties and after this the Conusee of a former Statute doth extend the moyety of the Lands in the other County onely the Conusee of the later Statute may have this action
245 Condition to pay money weekly 297 Condition to pay money in 3 years 298 Condition collaterall 299 Condition to pay money at ones returne from Sea 301 Condition to deliver wooll 302 Condition to renew a Lease when the Lessor comes to full age 303 Condition to gather Rents and give account thereof 304 305 Condition to bring an Inventory into the Prerogative Court by a day 307 Condition to assure mortgaged lands upon defect of redemption 308 Condition to acknowledg a Statute by a day 309 Condition not to meddle with an Executorship c. 310 Condition to procure a release and save harmless 311 312 337 Condition to release Dower 313 Condition that a man will suffer his wife to make a Will 313 385 Condition to marry one by a day c. 314 Condition to be a true Prisoner ibid. Condition to save harmless c. 315 333 338 502 Condition of a Factor to serve his Merchant c. ibid. Condition to pay use for Orphanage or Legacy-money 316 Condition for executing a Gaolership 317 339 Condition to reassure lands 318 Condition to find an Apprentice clothes 323 Condition not to be bound for any one 324 Condition to surrender land or pay money 325 Condition to keep the Peace ibid. Condition to pay money c. 326 327 Condition to recover a debt c. ibid. Condition to enjoy lands for non-payment of money 329 Condition upon an Attachment 331 Condition about payment of purchase-money 334 Copyhold lands demise thereof 358 Conditions of several kinds 383 384 647 648 649 Constables Articles to be observed by them 391 Condition to Replevy goods 438 Conveyance of land by 3. Co-heirs and their husbands 507 Covenant to deliver Evidences by such a time 525 Covenant to settle lands for natural affection 534 Condition of a Counter-bond 535 Condition to save harmless 581 582 D. DEed to justifie Actions upon setting over a Statute 30 Dower release thereof 45 Demise of divers lands c. paying a pepper corn yearly 108 Defeasance upon a Bond sued to Judgment 115 167 Defeasance to make void Statutes c. 123 Debt bill thereof 163 Defeasance upon a Statute 167 416 550 Defeasance upon a Mortgage 168 Deed of Settlement to several uses and in default c. as by Will or other writing shall be appointed 293 Debts assignment thereof c. 370 Declaration by a wife of the disposal of a sum of money according to a power reserved c. 375 Discharge to the Sheriff 388 Debts Conveyance for payment of debts 410 Demurrer and Plea form thereof 425 Deputation to a Bayliff or Receiver 644 Disease condition to cure it or repay the money 646 E. EXtent a grant thereof 40 Executor discharged from an Orphans portion in London c. 190 Executors covenant to discharge them from payment of Legacies to Nonage 192 Executors bound to diligence in executing a Will and to account 194 Extent assignment thereof 322 Executors Covenants between them 503 Executor condition to save him harmless 548 F. FIne Covenant to levy it 150 162 185 276 Fine uses thereof declared by Deed 269 Forma Pauperis certificate affidavit and Petition or the same 426 427 Feoffment with a Letter of Atturney 462 Fine uses thereof well declared 526 G. GRant of the reversion of certain Lands 22 Gift Deed of Gift 44 234 235 Goods in a Ship transport thereof 232 Observations upon a Deed of Gift 236 Grant of Lands in Fee in consideration of money and other Lands in exchange 551 Grant of the next Donation of a Benefice 655 H. DEed to save Harmless 6 I. JUdgment assignment thereof with a Letter of Atturney therein 12 139 173 Joynture an assurance thereof to a wife with remainder in tail 47 A Joynture with divers limitations and a Proviso for Revocation 76 Indenture to lead the use of a Fine 107 Indenture of redemise c. with Proviso c. 110 Joynture to the wife before marriage 128 220 Judgment condition to acknowledg satisfaction thereon 154 Joynture a deed thereof with uses 227 Inheritance conveyed by Deed c. 265 Indenture for equal division of goods c. 414 640 Indenture in lieu of Joynture 505 Indenture of Settlement well penn'd 541 L. LEase with extraordinary Covenants 4 Lease of a house and lands made in consideration of a sum the Fee-simple being in the Lessor 8 Letter of Atturney to receive one single debt 33 144 Lease in consideration of the surrender of a former with good Covenants 35 Lease of Tythes 43 Lease of a Fee-Farm c. with necessary Covenants 49 Letter of Atturney to enter upon lands and deliver a lease 55 56 145 202 Lease of divers lands c. with covenant to pay Heriots c. 71 Lease of lands by way of mortgage 92 Lease of a house in London 112 Lease to try a Title 129 387 Lease of a house and lands in the Country 209 Lease of a Warren of Conies 354 Licence to Hawk Hunt and Fish ibid. Lease of Cole-Mines 355 Letters of Licence 356 371 373 458 Lease of goods levied by the Sheriff 360 Lease of lands in Barbadoes 361 Lease from a Company 363 Lease from a Parson and Church-wardens with a Covenant for building c. 364 Lease from a Town or Corporation 365 Lease for 3. lives with Letter of Atturney c. 367 519 Livery of Seisin Memorandum thereof 413 490 Lease of a Mill 434 Lease for a year 452 Lease of a side of a Shop c. 459 Lease in trust 493 495 Lease of Lands with Exception of Woods 514 Lease forfeited upon a Mortgage assignment thereof 517 Lease to be void on payment of c. 583 Lease of a Ferry 588 Lease to three whereby every one is to pay bear and receive equally 641 M. MOrtgage assignment thereof 14 Mortgage for indempnity of Sureties 15 Maâ—â—mony pretended contract thereof revoked 97 Mortgage of Lands upon money c. 101 Marriage condition concerning it 163 Mortgage confirmation thereof 469 Marriage Lands setled to uses thereon and a fine levied to those uses 471 473 Mortgage deed thereof 476 Mannor Conveyance thereof 479 Marriage Indenture to stand seised to uses in consideration thereof 567 N NOnsuit condition to pay money thereon 162 O OBligations Assignment of two Severall ones 52 Obligation covenant to deliver it 185 Covenant to discharge it by a day 328 Obligation single from one to one 437 From two to one ibid. From three to one 438 Obligation and Condition from a bayliff and his Suretyes to a High-Sheriff 578 P PRoviso to make a demise void and a Covenant to grant a a new Lease 54 Partition Indentures thereof 116 389 639 Protection in Parliament time 172 Protection revoked 208 Partition of debts between partners 24â— Partnership deed thereof between four Merchants 398 Plea and Demurrer 425 Forma pauperis Certificate and affidavit thereof 426 Presentation of a Minister to a Living 446 Parsonage a Lease thereof 447 461 462 Park Keepership thereof granted 643 R
be so made or to any other to their use and uses and the counterparts of the same for us and in our names to accept and receive And also all such Fines and other sum and sums of Money as shall grow due for the same for us and in our names and to the use of us the said G. S. and E. M. to collect gather receive and take and all such Rents Duties Heriots arrerages of Rents and profits of Courts as are already or hereafter shall be due or payable for out of or concerning the premises or any of them to receive Giving and by these presents granting to our said Attorneys and either of them our full power and lawful authority touching and concerning the premises to do execute proceed and finish in all things in as ample manner and form to all intents and purposes as we the said G. S. and E. M. or either of us might or ought to do if we or either of us were then and there personally present And ratifying and allowing all and whatsoever our said Attorneys or either of them shall do in or about the premises or any of them according to the true intent and meaning of these presents In witness c. A Letter of Attorney to deliver a Lease upon the Land TO all c. I J. M. of c. Whereas I the said J. M. have subscribed and sealed one writing bearing date with these presents and hereunto annexed purporting a Demise unto W. W. of c. of all that the Mannor of G with the appurtenances in the County of Y. and of one Messuage 300 acres of Land 100 acres of Meadow 200 acres of Pasture and 100 acres of Wood with the appurtenances in C. aforesaid now or late in the Tenure or Occupation of W. C. his Assignee or Assignees To have and to hold the said Mannor and all other the premises unto the said W. W. his Executors or Assigns for the term of five years under the yearly Rent of c. as by the said Deed indented may appear Now know ye That I the said J. M. for divers good Causes and Considerations me hereunto especially moving have made ordained constituted and authorized and in my place and stead by these presents have nominated and put W. G. of c. my true sufficient and lawful Attorney for me and in my name into all that the said Mannor of C. and into the said Messuage 300 acres of Land 130 acres of Meadow 200 acres of Pasture and 100 acres of Wood with the appurtenances and into every or any part or parcel thereof in the name of the whole to enter and peaceable and quiet possession and seisin thereof for me and in my name to take and for every such possession and seisin thereof or any part thereof had and taken as aforesaid for me and in my name as my act and deed to deliver unto the said W. W. or his certain Attorney upon some part of the aforesaid premises the said Writing or Deed indented subscribed and sealed as aforesaid And all and every other act and thing requisite and necessary to be done in about or concerning the premises for me and in my name to do or cause to be done In witness c. A Letter of Attorney to keep Court KNow all men by these presents That we P. L. and H. S. of c. do hereby authorize constitute and appoint G. C. of c. Gent. our lawful Deputy and Attorney for us and in our names to appoint a Steward and Bayliff of and for our Mannor of B. and H. and by himself or his sufficient Deputy to and for our use to keep Courts within the said Mannors or either of them and to give admittance upon alienation or death to take and receive Attornments of all and every the Tenants thereof and to and for our use to assess Fines upon such admittances and for us and in our names and to our use to receive the said Fines and also such Heriots as shall be due upon such death or alienation and likewise to receive all Rents and arrerages of Rents and also all Amerciaments Perquisites and Profits that shall arise or grow due to us or any of the said Courts We do also further authorize and appoint the said G. C. to gather take up and seize to our use all Wayfes Estrayes Deodands Out-laws and Felons Goods which shall happen to arise be due or fall within the said Mannors or either of them Given under our Hands and Seals the c. In the c. A Letter of Attorney to take possession of Lands newly purchased BE it known unto all men by these presents That I J. H. Citizen c. have made ordained constituted authorized and appointed and by these presents do make ordain constitute authorize and appoint and in my stead and place by these presents put T. C. of c. my true sufficient and lawful Attorney for me and to my use to take and receive peaceable and quiet possession and seizin of and in all that Messuage or Tenement and all and singular the Lands and Premises thereunto belonging with the rights members and appurtenances situate lying and being in c. lately bargained and sold by B. P. unto me the said J. H. and the same possession so had and taken to detain and keep to the only use and behoof of me the said J. H. my Heirs and Assigns according to the tenour and true meaning of the Indenture whereby the said premises are conveyed unto me ratifying allowing and confirming all and whatsoever my said Attorney shall lawfully do or cause to be done in or about the premises by these presents In witness c. A Letter of Attorney for a Steward of a Mannor to receive Rents with authority to impound and distrain TO all c. I G. K. of c. send greeting in our Lord God everlasting Know ye That I the said G. K. for and in consideration of the special trust and confidence which I have and do repose in my well-beloved Friend C. P. of c. Gent. have made ordained constituted authorized and appointed the said C. P. my true sufficient and lawful Attorney for me and in my name stead and place to the only proper use and behoof of me the said G. K. my Executors and Administrators to collect gather demand and receive of all every or any my Tenants or Farmers of all every or any my Lordships Mannors Lands Tenements and Hereditaments whatsoever in the County of G. all and every such sum and sums of Money Rents arrerages of Rents Amerciaments Heriots Fines Issues and Profits whatsoever as shall any wise grow due accrue be issuing or payable unto me the said G. K. out of all or any my said Lordships Mannors Lands Tenements and Heredital â—ents And upon the receipt of all every or any such sum or sums of Money Rents and Profits for me and in my name to make and give acquittances or
any sufficient discharges to any of my said Tenants or Farmers requiring the same And the same sum and sums of Money Rents Issues and Profits so had and received to pay and deliver to me the said G. K. my Executors Administrators and Assigns and to be accomptable unto me the said G. K. my Executors and Administrators from time to time for all every or any the said sum or sums of Money so as asonesaid by the said C. P. had taken and received at the Feast of St. Michael the Archangel next ensuing the date hereof or before the end of Candlemas Term then next ensuing and at the Feast of the Annunciation of the blessed Lady St. Mary the Virgin then next following or before the end and expiration of Trinity Term then next ensuing and so from time to time at the Feasts and Dayes before prefixed to give and make a true account or accounts to me during the continuance of the power to him given and granted as aforesaid And further I do by these presents give full power and authority to my said Attorney at any time hereafter to elect and choose some one sufficient and able person to be Steward of my Courts of my said Mannors c. and also to place and displace at his will and pleasure upon just occasion any Bayliff or other Officer or Officers whatsoever as occasion shall require and also giving and by these presents granting unto my said Attorney full power and lawful authority for me and in my name stead and place and to my use as aforesaid for non-payment of all every or any my said Rents arrerages of Rents Issues Amerciaments and Profits to distrain impound arrest sue implead and imprison all every or any my said Tenants or Farmers which shall refuse to pay my said Attorney all or any such sum and sums of Money Rents Issues and Profits by them or any of them respectively due and payable unto me as aforesaid and the same persons again to discharge acquit and release of and from the same at his will and pleasure And further to do or cause or procure to be done in and about the premises all and whatsoever to the said C. P. shall seem requisite and needful to be done as effectually as if I my self were then and there personally present And which c. so to be done I do hereby covenant and grant for me my Heirs c. to justifie aver and maintain as fully and perfectly to all intents constructions and purposes as though the same were actually done by my self In witness c. A Warranty of Attorney to confess a Judgment WHereas K. B. widow of c. Executrix of the last Will and Testament of J. B. Esq hath sued out of the High-Court of Chancery an Original Writ of Debt for Two hundred pounds against me T. H. and J. W. of c. Esq and Sir R. B. of c. Knight my Sureties returnable this Trinity Term in the Court of Common-Pleas at Westminster These are therefore to require you to appear for me and my Sureties and to make Declaration for us the said T. H. J. W. and Sir R. B. at the suit of the said K. B. and thereupon to confess a Judgment either by non sum informat nihil dicit or otherwise as you shall think fitting and this shall be your sufficient warrant in that behalf In witness c. A Warrant to acknowledge satisfaction Mr. T. W. VVHereas in Trinity Term in the Twentieth year of the Reign of our Soveraign Lord King Charles over England c. there was a Judgment had and obtained in His Majesties Court of Common-Pleas at Westminster against A. P. of c. for c. Debt and c. Damages and Costs at the suit of c. These are to require you to acknowledge satisfaction upon the said Judgment and this shall be your sufficient warrant for the same In witness c. Another Warrant to acknowledge satisfaction Mr. T. F. VVHereas I heretofore retained you my Attorney in His Majesties Court of Kings Bench at Westminster to sue charge and implead R. E. upon several actions and a Habeas Corpus depending against him and whereas you thereupon further proceeded by my direction to the recovery and entry of four several Judgments the one of 50 l. Debt and 7 l. 10 s. and 8 d. Damages another c. another c. and the other c. for that I have received full satisfaction from the said R. E. for and concerning all those actions and several executions by you in my behalf obtained and entred against him by force whereof he remains Prisoner in the custody of the Marshal of His Majesties said Court These are therefore to will and require you to discharge those several actions by search or otherwise out of the Entry-Book of the Marshal of that Court or other declarations remaining on file there And further I do hereby direct and authorize you to acknowledge satisfaction upon Record upon the several Judgments above specified and all other Judgments chargeable against him for my satisfaction and so to release his person out of the Marshals custody from all causes touching me And for the doing thereof this shall be your sufficient warrant and discharge In witness c. An Indenture for suing forth a writ of Entry of a Mannor to the intent a Recovery may be had THis Indenture tripartite made the c. between H. E. of c. of the first part W. G. of c. of the second part and A. B. and C. D. of c. of the third part Witnesseth That it is covenanted granted concluded condescended unto and fully agreed upon by and between the said Parties to these presents And the said H. E. doth for himself his Heirs c. covenant c. that he the said E. or his c. before the Feast of c. at the proper Costs and Charges in the Law of the said W. G. his Heirs or Assigns shall permit and suffer the said A. B. and C. D. to bring and sue forth out of His Majesties High-Court of Chancery one Writ of Entry sur disseisin en le post against the said W. G. returnable before the Justices of the Common-Pleas at VVestminster at a certain day before the said Feast of c. by which Writ the said A. B. and C. D. shall demand against the said W. G. all that the Mannor of c. by the name of c. or by any other name or names whatsoever whereunto the said W. G. shall appear before the said Justices at the said day of return to be contained in the said Writ in his own proper person or by his Attorney sufficiently authorized by the Law for the same upon which appearance the said A. B. and C. D. shall declare against the said W. G. according to the nature of the said Writ and that he the said H. E. shall permit and suffer the said W. G. to make defence
your Orator and having to that end drawn him into the Bonds aforesaid and being combined and confederated to lay upon him the whole burthen and penalty thereof have the better to effect the same so plotted as that the said G. B. who was and is privy to the whole passage of the business before mentioned and whom the said H. used as his Instrument to draw your Orator into the said Bonds hath lately since the money mentioned in the Conditions thereof become thereby due absented himself with the privity and by the procurement of the said H. and liveth now in remote and obscure places unknown to your Orator but well known to the said J.H. who while the said B. was here present never demanded of your Orator any money at all nor any way questioned him upon the said Bonds or either of them but now the said G.B. who could detect his dealing in the premisses being absent and kept out of the way be the said J.H. upon advantage therein and in pursuance of their plot aforesaid doth now pretend and give out in speeches that the said Bonds were real Securities and entred into for just debts and that your Orator and the said B.B. and I.I. or some one of them had of the said H. Money or Commodities of the value of Money mentioned in the Conditions of the said Bonds which money he pretendeth to be still unsatisfied and the said Bonds thereby forfeited and thereupon he the said I.H. hath of late arrested your Orator and commenceth or threatneth to commence and prosecute several Sutes against him at the Common Law upon the said several Bonds and spareing the said G.B. whom he hath purposely absented bendeth all his force against your Orator and albeit he the said I.I. hath received satisfaction of and from the said B.B. and I. I and of and from some others in their use or in their behalf of and for all the money and Commodities if any other were lent and delivered by him upon the said Bond and knoweth well that your Orator had never any part of such money or Commodity or any consideration at all for or in respect of his entring into the said Bonds but was meerly drawn thereunto upon the promises aforesaid which were never performed unto him yet he the said I.H. continueth still his sute and threatnings of sute against your Orator at the Common Law upon the said Bonds with intent to recover of him the whole penalties thereof and the said B. B. giveth way and furtherance thereunto and will take no course to free and discharge your Orator thereof nor will the said I.H. seek for satisfaction as he ought if any be due unto him at the hand of the said B.B. nor discover where the said B.B. is but both of them by a joynt confederacy between them intend to lay upon your Orator the whole burden and penalties of both the said Bonds and then to share and divide the same between them contrary to all rites and rules of Equity and to your said Orators apparent wrong and supportable hindrance unless he may find redress for the same before your Lordships in the justice and equity of this honourable Court. In tender consideration whereof and of all the aforesaid premisses and for that your Orator is void of all remedy by the course of the Common Laws of this Land to relieve himself in the said premisses and cannot there plead the matter of Equity before alledged nor any other sufficient Plea in Bar or be discharged of the said Bonds and of the Suits there commenced and threatned against him thereupon nor can thereby compel the said B.B. to take any course for your Orators discharge of the said Bonds and there enforce him and the said I.H. to perform and make good unto your Orator their promisses aforesaid for that your Orator hath no such precise proof of the said premisses by witnesses now living extant as the Common Law in such cases requireth but your said Orator is for all those matters before your Lordships in course of Equity properly to be relieved where he hopeth the said I H. and B. B. will upon their Oaths if they may be thereunto called confess their said promisses and the premisses to be true in such sort as aforesaid or if they shall deny the same that yet your Orator shall be able to make such proof thereof by circumstances as may in Equity move your Lordships to relieve him therein Therefore and to the end the said I.H. and B B. may upon their Oaths declare and set down what and how much money or commodities and what sorts and value the said I.H. disbursed lent or delivered upon the security of the Bonds aforesaid and when and to whom and whether he had the same or any part and what part thereof back again and what other satisfaction he the said I.H. hath received for or towards the said Bonds or the money mentioned in the Conditions thereof and for whom and to the end that the said I. H. and G.B. may be ordered to discharge your Orator of and from the said Bonds and that all Sutes at the Common Law thereupon against your Orator may be stayed that the matters concerning the same may be here determined in and by this Honourable Court according to Equity May it please your good Lordship the premisses considered as well to grant unto your said Orator Process of Injunction to be directed to the said I.H. commanding and enjoyning him his Counsellers Attorney or Agents and Solicitors thereby to surcease and stay all Sutes and further proceedings at the Common Law against your Crator upon the Bonds aforesaid or either of them untill the matters of Equity concerning the same be heard and determined in and by this Honourable Court As also to grant unto your Orator his Majesties most gratious writ of Subpoena c. A Bill of Revivor HUmbly complaining c. R. W. of c. brother and heir of W.W. late of W. c. That whereas the said W. W. in his life-time viz. in Easter Term in the Fourth year c. exhibited his Bill of Complaint in this High and Honourable Court of Chancery before your Lordship the tenor whereof followeth in these words To the Right Honourable c. recite the whole Bill verbatim And the said W.C. being accordingly served with Process of Subpoena issuing out of this Court appeared in the said Term c. and upon his Corporal Oath then and there made his answer to the said Bill of Complaint which answer remaineth upon Record in the Honourable Court whereunto your Orator concerning the particular matters and circumstances therein contained prayeth that he may refer himself for more certainty and then in brief shew all the further proceedings in particular since which time may it please your good Lordship that the said W.W. dyed whereby the said Bill Process and whole proceedings thereupon are abated and yet nevertheless the whole right title and
interest of him the said W. W. in all the said Messuages and Lands by his death are lawfully descended and come to your Orator as brother and next heir unto the said W. W. so that your Orator in equity ought to have such remedy benefit and advantage against him the said W. C. for all the said Lands c. as the said W. W. might have had at any time in his life-time May it therefore please your good Lordship the Premisses considered That the said Bill Answer Replication Depositions Orders and Certificates and the whole Process and proceedings upon all and every of them may be revived and stand in such state for your Orator against the said W. C. and his Heirs to all intents and purposes as the same were for the said W. W. at the time of the death of him the said W. W. and that your Orator may thereupon have such and as great benefit and advantage against him the said W. C. as your Orators said Brother W.W. might have had at the time of his death and likewise that it may please your good Lordship to grant unto your Orator Process of Subpoena c. The beginning and conclusion of a single Answer THe said Defendant saving and reserving to himself now and at all times hereafter all benefit of exception unto the incertainties insufficiencies and imperfections in the said Bill of Complaint contained for a full plain perfect and direct answer unto all and every the matters allegations and things which are in the said Bill of Complaint contained in any sort or wise material or effectual in the Law for this Defendant to answer unto saith c. The Conclusion Without that that any other matter or thing in the said Bill of Complaint contained material to charge this Defendant withall or effectual by him to be answered unto and not hereby sufficiently answered unto confessed or avoided traversed or denied is true in such sort manner and form as herein before is expressed All which this Defendant doth and will be ready to aver maintain and prove as this Honourable Court shall award and humbly prayes to be hence dismissed with his reasonable costs and charges in this behalf wrongfully sustained A Plea and Demurrer THe said Defendant by protestation not confessing or acknowledging any matter or thing in the said Bill of Complaint contained laid to the charge of this Defendant to be true in such manner and form as is therein set forth Saith That the said Bill doth contain therein against this Defendant as he is by his Council advised many apparent imperfections incertainties and insufficiencies such as do afford unto him just cause and matter of exceptions to plead in Bar of the Plaintiffs further proceedings against him in this Honourable Court thereupon the benefit and advantage of exception whereof this Defendant apprehending accordingly saith first for answer to so much of the said Bill as is material to charge him withall That he believeth it to be true c. Answer what is necessary to be answered to the Plaintiff's Bill And as unto the accompt which the Plaintiff by his said Bill demandeth of this Defendant and to all other the matters of the said Bill not before hereby answered unto he this Defendant for and by way of Demurrer thereunto saith c. And for all these matters causes and reasons before alledged and for divers other apparent incertainties and insufficiencies in the said Bill doth under favour of this Honourable Court demur in Law unto and upon all those points of the said Bill not before answered unto and demandeth judgement of this Honourable Court whether the premisses standing in state as is before alledged he this Defendant shall be compelled to make any other or further answer thereunto and whether the Plaintiff shall be admitted to any relief examination of Witnesses or further proceedings against this Defendant in this Honourable Court thereupon whose judgement therein this Defendant humbly expecteth and most humbly prayeth to be dismissed c. A Certificate for a Forma Pauperis in Chancery To the Right Honourable the Lord Keeper of the Great Seal of England MAy it please your Honour to be advertised by us whose names are here under-written That to our knowledge A.C. of c. is a very poor Woman and not worth 5 l. and there being a Sute in Chancery lately commenced against her by one R.B. the same besides her trouble is like to bring upon her great expence and unless the same may be prevented by your Lordships favour by admitting of her in Forma Pauperis the defence of such Sute otherwise is like to tend to her undoing The Consideration of all which we humbly leave to your Lordships further consideration and do rest At your Honours or Lordships Command An Affidavit for the same I. S. of c. maketh Oath that be verily believeth that A. C. of c. is not worth 5 l. of her own proper goods her debts being paid and she is very lame and by reason of her infirmity not well able to travel to London about such Sute as is prosecuted against her by one R. B. Jurat 20. die M. I.M. The Petition of the same To the Right Honourable c. The humble Petition of A.C. of c. Widow Defendant to the Bill of Complaint of R.B. Complainant SHeweth That your Petitioner is a very poor Woman and not worth 5 l. as may appear by the Certificate hereunto annexed of sundry Persons of Quality to whom her poverty is well known and there being this last Term a long Bill exhibited by the Plaintiff in Chancery against her for and concerning c. and other things of like nature she in respect of her poor estate shall not be able to answer or defend that Sute unless your Lordship be pleased to admit her in Forma Pauperis to be sued and sue concerning the same Wherefore your Petitioner doth humbly desire that your Lordship in consideration of her poverty she being not able to travel would be pleased in that behalf to admit her in Forma Pauperis and to assign Master G. and Master T. to be of her Council and Master M. to be her Attorney and she shall ever pray c. Answ Upon the Certificate and Affidavit of Poverty annexed let the Pertitioner be admitted to sue and be sued in Forma Pauperis as is desired T. G. c. The Form of the Title of a second Answer to be made upon a Report c. THe further answer of A.B. one of the Defendants to the Bill of Complainant of C.D. Complainant according to the report of E F. one of the Masters of this Court made the 17 day of J. and of an Order of this Court of the 8 day of this instant month of April 1664. The said Defendant in obedience of the said order and for further satisfaction of this Honourable Court saith c. All which matters and things he this Defendant is and will be ready
and upon the said several Writs of Entry Sur disseisin en le post in all things according to the usual and common order and form of Common Recoveries for the assurance of Lands and Tenements in such cases used of all and singular the said several Mannors Lordships and Premisses before mentioned and of every part and parcel thereof with the Appurtenances And that full Execution and Seizin shall be had and taken thereof accordingly And it is hereby covenanted granted concluded and fully and absolutely agreed on by and between all and every the aforesaid parties to these presents for themselves their heirs and assigns and it is the true intent and meaning of these presents and of all and every the aforesaid parties to the same that the said several Recoveries and the execution thereupon to be had shall be and so shall be adjudged deemed esteemed and taken to be and the Recoverors their heirs and assigns and every of them shall and will immediately from and after the execution of the said Recoveries stand and be seized and be adjudged deemed and esteemed and taken to be seized of all and singular the said Mannors Lordships Lands Hereditaments and premisses before mentioned and every part and parcel thereof with their and every of their Appurtenances to and for all and every the several and respective uses behoofs intents and purposes hereafter in these presents mentioned expressed limited and declared And to or for none other use behoof intent or purpose whatsoever that is to say to the use and behoof of the said C. Lord S. and his Assigns for and during the term of his natural life without impeachment of or for any manner of wast and from and after his decease then to the use and behoof of the said D. L. and her assigns for and during the term of her natural life for and in the name of a Joynture of and for her the said D. And from and after her decease then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten and for default of such Issue then to the use and behoof of the right heirs of the said C. Lord S. for ever And the said Right Honourable C. Lord S. for himself his Heirs Executors Administrators and Assigns and for every of them doth further Covenant promise and grant to and with the Right Honourable E. Lord G. and I.S. their Heirs and Assigns and to and with every of them by these presents in manner and Form following that is to say That he the said C. Lord. S. at the time of the ensealing and delivery of these presents is lawfully and rightfully seized of and in all and singular the said Mannors Lands Tenements Rectory and Premisses and of every part and parcel thereof with the Appurtenances of a good sure perfect lawful and indefeasible Estate in Fee-simple or in Fee-tail to himself and the heirs of his body without any Reversion or Remainder of the Kings Majesty and without any manner of Condition or Conditions Mortgage Limitation of use or uses or other thing or things whatsoever whereby to alter change charge defeat determine or make void the same And that he the said Lord S. hath full power good right and lawful and absolute authority in his own proper right by these presents to raise limit and appoint all and every the foresaid several Uses and Estates before mentioned and that all and singular the Premisses and every part and parcel thereof with their and every of their Rights Members and Appurtenances now are and be and so from time to time and at all times for ever hereafter shall and may continue stand remain and be to all and every the several uses intents and purposes before in and by these presents limited expressed appointed and declared free and clear and freely and clearly acquitted exonerated and discharged or otherwise well and sufficiently saved defended and kept harmlesse of and from all and all manner of former and other Gifts Grants Bargains Sales Leases Estates Joyntures Dowers and Titles of Dowers and of and from all Rents and Arrerages of Rent-Annuities and Arrerages of Annuities Statutes-Merchant and of the Staple Recognizances Judgments Executions Extents Fines Forfeitures Issues Amerciaments Intentions Principal Seizins Liveries Wills Entails Limitations of use or uses and of and from all other Titles Troubles Arrerages Charges Claims Demands and Incumbrances And the said C. Lord S. for himself his Heirs Executors Administrators and Assigns and for every of them doth likewise further Covenant promise and grant to and with the said E. Lord G. c. their Heirs and Assigns and to and with every of them by these presents That he the said Lord S. and his Heirs shall and will from time to time and at all times hereafter within the space of seven years next ensuing the date of these presents at and upon every reasonable request and at the only proper costs and charges in the Law of the said Lord S. and his heirs further do make acknowledge execute and suffer or cause or procure to be done made acknowledged executed and suffered all and every such further and reasonable act and acts thing and things device and devices assurance and assurances in the Law whatsoever for the further better and more perfect assuring surety and sure-making setling and conveying of the said Mannors c. premisses and of every part and parcel thereof with the appurtenances to continue stand remain and be to all and every such several uses behoofs intents limitations and purposes as are thereof in and by these presents limited expressed appointed and declared be it by Fine or Fines Recovery or Recoveries with single double or more Voucher or Vouchers Feoffment or Feoffments Deed or Deeds enrolled or not enrolled the enrollment of these presents or by any other wayes or means whatsoever as by the said E. Lord G. and I. S. their Heirs and Assigns or by any of them or by their or either or any of their Council learned in the Law shall be reasonably advised devised or required And finally The said C. Lord S. for and in Consideration of the said Marriage shortly hereafter by the grace of God to be had and solemnized between him the said C. Lord S. and the said D.L. and for the great love and affection which he the said Q. S. hath and doth bear unto the said D. L. doth for himself his heirs and assigns and for every of them Covenant promise grant and agree to and with the said E. Lord G. and I. S. their Heirs and Assigns and to and with every of them by these presents That he the said C. Lord S. and his Heirs and all and every other person or persons that now be or which hereafter shall stand or be seized of any Estate of Inheritance of the said Mannors Lands Tenements and Premisses or any part thereof shall and will stand and be
seized of so much and such part and parcel of the said Lordships Mannors and Premisses as either in respect of not making and naming the right Tenant of the Free-hold in the severall Writs of Entry aforesaid or in respect of any other legal defect shall not be by the severall and Recoveries aforesaid well and sufficiently assure and settle to the several uses before in and by these presents expressed to the severall and respective uses intents and purposes hereafter in and by these presents expressed appointed and declared and to none other use intent or purpose whatsoever that is to say to the use and behoof of the said C. Lord S. and his assigns for and during the Term of his naturall life without impeachment of or for any manner of wast and from and after the decease of the said C. Lord S. then to the use and behoof of the said D. L. and her Assigns for and during the term of his natural life and from and after her decease then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten and for default of such issue then to the use and behoof of the right heirs of the said C. Lord S. for ever In witnesse whereof to one part of these present Indentures remaining with the said E. Lord G. Dame I. his wife D. L. and I. S. The said C. Lord S. W. N. and A. T. have interchangeably subscribed and set their severall hands and seals and to one other part of these present Indenture remaining with the said W.N. and A. T. the said C. Lord S. E. L. G. Dame I. his wife D. L. and I. S. have interchangeably subscribed and set their several hands and seals and to one other part of these Indentures remaining with the said C. Lord S. the said W.N. A.T. E.L. G. Dame I. his wife D. L. and I.S. have interchangeably subscribed and set their several hands and seals the Day and Year first above-written Anno Dom. A Condition to save harmless where one Attorns Tenant with a Covenant to grant a Lease when the premisses are setled in the Obligee THe Condition of this Obligation is such That whereas the within named I. S. hath attorned Tenant and doth and is contented to pay his Rent being Eleven pounds ten shillings per annum unto the within bound T. S. his heirs or assigns for the Messuage or Tenement with the Appurtenances wherein the said J.S. now dwelleth scituate near W. London If therefore the said T.S. his Heirs Executors Administrators or Assigns do from time to time and at all times hereafter clearly acquit discharge or sufficiently save harmless and indemnified the said J. S. his Executors Administrators and Assigns goods and chattels as well against one R. N. of the Parish of Saint G. in the Fields in the County of M. gent. and K. his wife and against the Heirs and Assigns of the same K. also against all and every other person and persons whatsoever of for from touching and concerning all such and so much Rent as he the said J. S. his Executors or Assigns hath already paid or shall hereafter pay to the said T. S. his heirs or assigns for the Tenement aforesaid with the Appurtenances and also of and from all Actions Suits Charges Distresses Forfeitures Judgments Executions and all other Damages Troubles and Incumbrances whatsoever that shall or may arise or grow or be had commenced or prosecuted against the said J. S. his Executors Administrators or Assigns by reason of paying the said Rent or any part thereof unto the said T. S. his Heirs or Assigns or by reason of occupying of the said Tenement And further If in case the said T. S. his heirs or assigns do or shall quietly hold and enjoy the possession of the Tenement aforesaid with the appurtenances amongst other things as he the same T. now doth for and during the space of two years next coming after the date within written without any further new Suit Then if the said T. S. his heirs or assigns do within one month next after the end and expiration of the said term of two years or after such time as the estate of the premisses shall be perfectly setled in the said T. or his heirs at the reasonable request and at the costs and charges in the Law of the said J. S. his Executors or Administrators by good lawfull and sufficient Indenture of Lease in due form of Law to be had made and executed Demise grant and to Farm-let unto the said J. his Executors Administrators and Assigns all the said Messuage or Tenement with the appurtenances wherein the said J. now dwelleth as aforesaid for so many years as will make up the remainder of the term of years in his former Lease granted full Twenty and one years and under the yearly Rent of Eleven pounds ten shillings quarterly to be paid to the said T. his heirs or assigns or within one and twenty dayes next after every Quarter-day by even portions and with such other reasonable Covenants therein to be contained as are commonly used in such like Leases That then this present Obligation shall be void and of none effect or else it shall stand and remain in full force strength and vertue A Condition to save harmless an Executor for payment of several Legacies to Orphans with a Covenant to see the same Legacies disposed to the best advantage for the Legatees THe Condition of this Obligation is such That whereas M.D. late of St. J. street in the County of M. Widow deceased by her last Will and Testament in Writing bearing date the Tenth day of M. in the Year of our Lord God One thousand six hundred and fourteen did amongst other Legacies and Bequests give and bequâ—ath unto M. T. and A. T. Daughters of the within-bound T. T. Five shillings a piece of lawfull money of E. as by the sâ—me Will more at large appeareth Which said Sums of five shillings a piece the within named I. S. Executor of the last Will and Testament of the said M. D. hath at the Request of the said T. T. at and before the ensealing and delivery hereof paid and disbursed to the said T.T. for the use and behoof of his said Daughters M. and A. If therefore the said T. T. his Executors and Administrators and every of them do from time to time and at all times hereafter freely and clearly acquit exonerate and discharge or otherwise well and sufficiently save defend and keep harmlesse the said I. S. his Executors and administrators and every of them and all and every of his and their Lands Tenements Goods and Chattels as well of from and against the said M. and A. their Executors Administrators and Assigns as also of from and against all other persons whatsoever of for and concerning the payment of the said Sums of five shillings a piece to the said T. T. their Father