HONI SOIT QUI MAL Y PENSE DIEV ETMON DROIT THE Clerks Guide Leading into THREE PARTS VIZ. I. Of Indentures Leases c. II. Letters of Attorney Warrants of Attorney Mortgages Licences Charter-Parties c. III. Bills Answers Replications Rejoynders in Chancery c. Under which are comprehended The most Usual Forms of Clerkship To which is added A FOURTH PART OF Fines Recoveries Statutes Recognisances Judgements c. Distresses and Replevins Illustrated with CASES and the STATUTES Relating to the same By Tho. Manley of the Middle Temple London Esq London Printed by John Streater Henry Twyford and E. Flesher Assigns of Richard Atkins and Edward Atkins Esquires M.DC.LXXII Cum Gratia Privilegio Regiae Majestatis THE PREFACE TO THE READER HOW various the Pretenders to Clerkship have been in their Resolves we have too many Experiences in Print especially when in the late Times of Vsurpation a general Liberty was admitted which indeed we may call Cacoethes scribendi an inveterated humor of writing rather tending to involve the Clerk in a maze than to lead his Client in a safe and well-beaten Path. It is not the design of this Premonition to beg the Question Others have offered what fitted their capacities This Tract shall shew nothing more than is fit and reduced into such a method as an Easie English Clerk shall be capable of 'T is true some may say Facile est inventis addere but that is not the sole design of this For here is much obliterated that is useless something polished that was unnecessary and much added that is profitable yet it dares not assume the title of Infallible The former Three Parts which are herein offered with many Advantages shall speak for themselves whereto there is now added a Fourth which in this kind you have not met with If the design meet the humor of those it is intended for is fulfilling the purpose However whether it do or no for there is no doubt but the best intent may be quarrelled yet the Vsefulness of the Work upon Perusall will satisfie all men concerned whether they be well dealt with in the Settlements they propose to themselves from Persons they shall entrust or employ when at a cursory view they may find not onely what they would but what they ought to have done Sept. 3. 1672. T. M. Part 1. An Indenture of an Annuity THis Indenture made the twentieth day of c. in the c. between I. S. of Skipton in the County of York Esq of the one part and C. P. of London Esq of the other part witnesseth that the said I. S. for and in consideration of the sum of c. to him before the ensealing and delivery of these presents well and truly contented and paid whereof and wherewith he the said I. S. doth acknowledge and confess himself to be fully satisfied and thereof and of every part and parcel thereof doth clearly acquit and discharge the said C. P. his Heirs Executors and Administrators and every of them for ever by these presents Hath given granted and confirmed and by these presents doth give Grant grant and confirm for him and his Heirs unto the said C. P his Executors and Assigns One Annuity of yearly Rent-charge of Two hundred pounds of lawful Money of England to be issuing and going out of all those the Mannors and Lordships of Stanton c. with all and singular their rights members and appurtenances in the said County of York and out of all and singular the Messuages Cottages Houses Edifices Buildings Barns Stables Orchards Gardens Lands Tenements Meadows Feedings Pastures Commons Moors Marishes Rents Reversions Services Profits Commodities Emoluments and Hereditaments whatsoever with the Appurtenances to the several Mannors or any of them belonging or heretofore had used reputed occupied or enjoyed as part or parcel of them or any of them And also out of all other the Lands Tenements and Hereditaments of the said I. S. within the said County of York To have and to hold perceive receive and take the said Annuity or yearly Rent-charge of c. unto the said C. P. his Executor and Assigns from the day of the date of these presents for and during the full term and time of forty years now next ensuing and fully to be compleat and ended if the said C. P. and R. P. Esq Nephew to the said C. P or either of them shall so long live To be paid at four most usual Feasts or Terms in the year that is to say the Feast of c. by even and equal portions at or in the Church-porch of the Parish-Church of c. And the said I. S. for himself A Covenant to pay 〈◊〉 l. for every day after default in payment of the Rents and to Re-enter his Heirs Executors Administrators and Assigns and for every of them doth Covenant Promise and Grant to and with the said C. P his Heirs and Assigns that if it shall happen the said yearly Rent of c. to be behind and unpaid in part or in all over or after any of the said Feast-days in which the said ought to be paid being lawfully demanded according to the true intent and meaning of these presents That then he the said I. S. his Heirs and Assigns shall and will not onely forfeit and lose unto the said C. P. his Executors or Assigns nomine poenae the sum of forty shillings of lawful money of England for every day the said yearly Rent shall happen to be behind and unpaid in part or in all over or after any of the said Feast-days wherein the same ought to be paid as before is mentioned But also that it shall and may be lawful to and for the said C. P. his Executors and Assigns and to and for every of them from time to time from and after every of the said Feast-days wherein the said yearly Rent or any part thereof should or ought to be paid as before is mentioned into all and singular the said Mannors and into every of them and into all other the Lands Tenements and Hereditaments to the said Mannors or any of them belonging and into all other the premises with all and singular their appurtenances and into every or any part or parcel thereof at his or their or any of their free wills or pleasures to enter and distrain as well for the said yearly Rents as for the said sum or sums of Money which shall or may happen to become forfeited or lost for or in the name of a pain as is aforesaid and for the aâ—â—erages of them and either of them if any shall happen to be and the Distress and Distresses then and there found to lead drive take and carry away and the same to detain and keep until the said C. P his Executors or Assigns shall be fully satisfied contented and paid Covenant that he is seized in Fee and hath power to charge the Premises with this Annuity And the said I.S. for
same Recognizance c. And whereas also the said I. D. hath extended and to him is delivered in the Execution the Mannor of N. with the appurtenances in the County of c. at the yearly Rent of c. for non-payment of the said sum of c. Now the said I. D. for divers good causes and considerations him hereunto specially moving hath granted assigned and set over and by these presents doth grant assign and set over unto the said VV. D. T. B. G. B. and T. O. all the estate right title interest and demand whatsoever which he the said I. hath by reason of the said extent of in and to the said Mannor of N. with the appurtenances and of in and to every part and parcel thereof and of in and to all singular Messuages Lands Tenements Meadows Leases Pastures Feedings Rents Reversions Services and Hereditaments with the Appurtenances so extended and delivered in execution as aforesaid And the said I. D. for himself c. that he the said I. D. his Executors or Assigns at any time or times hereafter shall not do any act or acts thing or things whereby the said extent and extents or the estate title or interest of the said VV. D. c. or any of them or of the Executors Administrators or Assigns of them or any of them by reason of the said extent may be in any wise hurt hindred impeached discharged undone or made void And further that he the said I. D. his Heirs Executors and Administrators shall and will at the reasonable request costs and charges in the Law of the said VV. D. or any of them do and suffer to be done made and acknowledged all and every such lawful and reasonable act and acts thing and things device and devices in the Law whatsoever for the further assurance surety sure-making and conveying of the premises for and during all the time and term of the said extent and execution unto the said T. B. G. B. and T. O. as by the learned Counsel of them or any of them shall be reasonably devised or advised and required In witness c. An Assignment of a Bond for performance of Covenants TO all Christian People c. I. I. c. sendeth greeting c. VVhereas R. D. of c. by his Obligation bearing date c. became bound unto the said I. I. in the sum of c. conditioned for performance of the Covenants contained in one pair of Indentures of Bargain and Sale of the Inn called K. in C. c. in the c. with certain Lands thereunto belonging which Inn and premises are now by the said I. I. bargained and sold unto M. W. of c. his Heirs and Assigns Now the said I. I. for the better enjoying of the said Inn and other the Lands and Tenements thereunto belonging hath as much as in him is assigned and set over and by these presents doth fully clearly and absolutely assign and set over unto the aforesaid M. VV. his Heirs Executors and Assigns the said recited Obligation and all sum and sums of money therein mentioned and the benefit and advantage thereof to be had or made And the said I. I. for himself c. doth covenant and grant to and with the said M. VV. c. That he said M. VV. his Heirs Executors Administrators and Assigns shall and may in lawful manner at his and their cost and charges in all things from time to time and at all times hereafter sue for levy recover and enjoy all sum and sums of money benefit and advantage whatsoever which shall or may be gotten by vertue force or means of the said recited Obligation in the name of the said I. I. his Executors or Administrators without any manner of non-suit release trouble denial or interruption of the I. I. his Executors or Administrators unless it be by consent of the said M. VV. his Heirs or Assigns in writing first had and obtained And he the said M. VV. for himself c. doth Covenant c. That he the said M. VV. his Executors or Administrators shall and will from time to time and at all times hereafter save and keep harmless the said I. I. his Executors or Administrators and every of them of and from all and all manner of costs and charges to arise by means of any suit upon or by reason of the said Obligation In witness c. A Release of Annuity TO all Christian People c. We N. B. and A. B. of c. send greeting c. Whereas Sir J. B. of c. by his Deed indented bearing date c. for the considerations therein mentioned Recital did give and grant unto W. L. and R. P. of c. one Annuity or yearly Rent of c. to be issuing and going out of all and singular the Mannors Messuages Lands and Tenements called H. and L. within the Parish of c. and out of all the Lands Tenements and Hereditaments with the appurtenances in H. and L. within the said Parish of c. in the said County of c. to have hold receive and enjoy all the said Annuity or yearly Rent of c. to the said W. L. and R. P. their Executors or Assigns for and during the natural life of the said Sir I. B. the said Annuity or yearly Rent of c. to be payable and paid to the said W. and R. their Executors and Assigns during the life of the said Sir I. B. at two Feasts in the year viz. at the Feast of c. at or in the c. as by the same Deed indented thereof made more at large it doth and may appear Sithence which time the said W. L. is dead and the said R. P. him survived And whereas also the said R. P. by his Deed indented bearing date c. for the considerations therein mentioned did demise grant bargain and sell unto the said N. B. his Executors and Assigns the said annuity or yearly rent of c. and every part thereof to have and to hold unto the said N. B. his executors and assigns for and during the term of c. from thenceforth next and immediately ensuing and fully to be compleat and ended if the aforesaid Sir I. B. should so long live as in and by the said Indenture last mentioned more c. Now know ye That we the said N. B. and A. B. for and in consideration of a certain competent sum of lawful money of England to us in hand paid at and before the c. by G. S. and R. G. of c. Esq whereof and wherewith c. have remised released and quit-claimed and by these presents for us and either of us our and either of our executors and assigns and every of us do fully clearly and absolutely remise release and for ever quit-claim unto the said G. S. and R. G. their heirs and assigns and every of them in their or some or one of their full and
digging receiving selling footing and carrying away the said Timber-Trees Woods or Under-woods or the Royalties Priviledges and Freedoms aforesaid To have and to hold the said Towns or town-Town-lands before mentioned and all other the premises before in or by these presents demised and granted bargained and sold and every part and parcel thereof with their and every of their Appurtenances and the Reversion and Reversions Rents and yearly Profits of the same and of every part and parcel thereof unto the said G. R. his Executors Administrators and Assigns from the Feast-day of All-Saints last past before the date of these presents unto the full end and term of Ninety and nine years from thenceforth next ensuing and fully to be compleat and ended Yielding and paying therefore yearly and for every year during the said term unto the said H. Oniel his Heirs and Assigns the yearly rent or sum of c. of current money of England at the Feasts of Philip and Jacob and All-Saints by even and equal portions as within one and twenty dayes next after any of the said Feasts And if it happen the said yearly Rent to be behind and unpaid in part or in all contrary to the reservation aforesaid and no sufficient distress can or may be found or taken in and upon the said demised premises A demand thereof being by the said Sir H. Oniel his Heirs or Assigns first made That then and from thenceforth it shall and may be lawful to and for the said Sir H. Oniel his Heirs or Assigns or any of them into the said four Towns or Town-lands and all and singular the aforesaid demised premises with the appurtenances or into any part or parcel thereof in the name of the whole to re-enter and the same to claim have again enjoy and re-possess as in his and their first and former estate any thing in these present Indentures contained to the contrary in any wise notwithstanding and the said G. R. A Covenant for new Building Messuages on the demised premises for himself his Heirs Executors Administrators and Assigns and for every of them doth covenant promise and grant to and with the said Sir H. Oniel his Executors Administrators and Assigns and to and with every of them by these presents in manner and form following that is to say That he the said G. R. his Executors c. shall and will within the space of ten years next ensuing the date of these presents at his and their own proper Costs and Charges erect new-build and set up in and upon some convenient part of the premises by these presents demised three Messuages Tenements or Houses fit and convenient for habitation to be so erected of Timber Stone or Brick according to the most usual manner of building now used within the Realm of England and the same being thus built shall from time to time and at all times during the aforesaid term of c. years keep and well maintain in good repair And shall and will likewise from time to time during the said term well and sufficiently repair amend maintain and keep all the Houses Edifices Hedges Ditches Fences and Enclosures in and about the said demised premises or any part thereof in good and sufficient reparations and the said demised premises and every part thereof being so well and sufficiently repaired maintained hedged fenced ditch'd and amended in the end of the said term shall and will quietly leave and yield up unto the said Sir H. O. his Executors Administrators and Assigns And that the said G. R. his Executors Administrators and Assigns and his and their Under-Tenants shall and will from time to time during the said term grind all their several kind of Grain whatsoever that they or any of them A Covenant to pay Heriots shall expend in and upon the said demised premises or any part thereof at the Mill or Mills of him the said H. Oniel And the said G. R. for himself his Executors Administrators and Assigns and for every of them doth further covenant promise and grant to and with the said Sir H. Oniel his Heirs and Assigns and to and with every of them by these presents That he the said G. R. his Executors Administrators or Assigns shall or will well and truly pay or cause to be paid unto the said Sir H. O. his Heirs or Assigns such several and respective Heriots for the said demised premises as are hereafter in these presents mentioned and expressed That is to say upon the death of the said G. R. his Executors or Administrators dying Tenant in possession of the said premises or any part thereof his or their best Beast in the name of one Heriot and upon the decease of every of his or their Lessees Farmor or Under-Tenant of the said premises or any part thereof one half of the value of the price of his or their best Beast in full lieu and satisfaction for the whole Heriot And the said Sir H. Oniel for himself his Heirs Executors and Administrators and for every of them doth covenant promise and grant to and with the said G. R. his Executors Administrators and Assigns and to and with every of them by these presents That it shall and may be lawful to and for the said G. R his Executors Administrators and Assigns and his or their Lessees Farmors and Under-Tenants from time to time and at all times hereafter during the said term to have and take in and upon the said demised premises competent and sufficient House-boot Plough-boot Cart-boot Hedge-boot and Fire-boot to be spent expended and imployed in about and upon the same premises and not else-where And the said Sir H. Oniel for himself his Heirs Executors and Administrators and for every of them doth further covenant promise to and with the said G. R. his Executors Administrators and Assigns and to and with every of them by these presents in manner and form following That is to say That the said Sir H. Oniel is and standeth lawfully seized of and in the said four Towns Town-lands or Townships before-mentioned in these presents and of and in all other the demised premises with their appurtenances of such good perfect and lawful estate of inheritance in Fee-simple as that he the said Sir H. Oniel hath in himself good Right full Power and lawful Authority hereby to demise grant bargain sell and to farm-let the said four Towns or town-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
meaning of these presents The said Sir H. Oniel for himself his Executors Administrators and Assigns and every of them doth covenant and grant to and with the said G. R. his Executors Administrators and Assigns and every of them by these presents That the said G. R. his Executors Administrators and Assigns and every of them shall and lawfully may from time to time and all times hereafter during the said term by these presents granted peaceably and quietly have hold occupy possess and enjoy well and truly the said four Towns or town-Town-lands without any molestation or hinderance wrought by the said Sir H. Oniel or any claiming by from or under him and also shall and may take receive and perceive all Rents and all other profits of the said four Towns or Town-lands and all other the premises before in and by these presents granted bargained sold or to farm-letten or mentioned agreed or intended to be hereby granted bargained sold and to farm-letten and every part and parcel thereof with their and every of their appurtenances under the Rents Covenants and Agreements in these presents reserved mentioned or contained without the lawful let suit trouble eviction molestation or interruption of the said Sir H. Oniel and the Lady M. his Wife and of the Heirs or Assigns of the said Sir H. Oniel or any of them or of any other person or persons whatsoever lawfully claiming or which shall claim by from or under him her them or any of them free and clear and freely and clearly acquitted exonerated and discharged or well and sufficiently saved and kept harmless of for from touching and concerning all and all manner of former and other Gifts Grants Bargains Sales Leases Estates for years Statutes-Merchant and of the Staple Recognizances Judgments Executions Annuities Rents Charges Rents-seck and all other Charges Titles Troubles and Incumbrances whatsoever heretofore had made committed suffered done or assented unto by the said Sir H. Oniel except the yearly Rent herein before reserved In witness c. A Joynture with divers Limitations c. with a Proviso for Revocation THis Indenture made the c. between V. W. of c. Esq and F. his Wife formerly the Wife of G. A. Esq deceased of the one part And A. B. of c. Esq I. P. of c. Gent. and I. G. of c. Merchant on the other part witnesseth That the said V. W. as well for and in consideration of a Marriage heretofore had and solemnized by and between the said V. W. and the said F. his now Wife and for setling of a competent Joynture for the said F. if it shall happen to survive the said V. W. and for the setling assuring and conveying of all and singular the Mannors Lands Tenements and Hereditaments hereafter in these presents mentioned with their and every of their appurtenances in the Name and Blood of the said V. W. for so long time as it shall please Almighty God and to the several uses intents and purposes and in such manner and form as hereafter in and by these presents is expressed mentioned and declared according to and in pursuit of a certain Agreement made between the said V. W. and F. before their said inter-marriage And also for divers other good and valuable considerations him thereunto especially moving hath granted aliened infeoffed released and confirmed and by these presents doth grant alien infeoffe release and confirm unto the said A. P. J. P. and J. G. their Heirs and Assigns all that the Mannor of S. M. with all and singular the Rights Members and Appurtenances whatsoever thereunto belonging or in any wise appertaining scituate and being in the said County of H. And also all and singular the Messuages Lands Tenements Tofts Crofts Houses Edifices Buildings Barns Stables Dove-houses Mills Orchards Gardens Meadows Leasoes Pastures Closes Feedings Parks Warrens Commons Waters Fishings Ponds Pools Moors Marshes Woods Under-woods Furzes Heaths Wastes Rents Reversions Services Views of Frank-Pledge Courts Barons Perquisites and Profits of Leets and Courts Waifes Estrayes Felons Goods Goods of Fugitives and Out-laws Tythes Oblations Obventions Royalties Priviledges Jurisdictions Preheminencies and Hereditaments whatsoever of him the said V. W. scituate lying and being renewing growing or coming in V. M. aforesaid or else-where in the said County of H. And also al that the Advowson Donation Nomination Presentation freâ— Disposition and right of Patronage of the Parish-Church of S. M. aforesaid And all and every the Profits Commodities Emoluments and other Hereditaments whatsoever with all and singular the Appurtenances of him the said V. W. scituate lying and being coming growing arising and renewing within the Towns Fields Parish Hamlets and Territories of S. M. aforesaid or elsewhere within the said County of H. and all the Estate Right Title Interest Property Claim and Demand whatsoever of him the said V. W. of in and to the same Mannor Messuages Tenements Hereditaments and other the premises and every part and parcel thereof and the Reversion and Reversions Remainder and Remainders thereof and of every part and parcel thereof and all and every the Rent and Rents thereupon reserved due and payable or any part thereof All which premises were by the said V. W. bargained and leased to the said A. B. J. P. and J. G. their Executors or Assigns by Indenture bearing date c. for the term of three Moneths next ensuing the making of the said Indenture as in and by the same Indenture reference being thereunto had may more fully and at large appear To have and to hold the said Mannor of S. M. with the appurtenances and all and singular the said Messuages Tofts Crofts Lands Tenements and the said advowson and right of Patronage of the Parish-Church of S. M. aforesaid and every the Profits and Emoluments hereby arising and renewing and all and singular other the premises hereby conveyed and assured or meant or mentioned or intended to be by these presents conveyed and assured with their and every of their Rights Members and Appurtenances and the Reversion and Reversions Remainder and Remainders thereof and of every part thereof unto the said A. B. J. P. and J. G. and their Heirs and Assigns to the several uses intents and purposes and upon the trust and confidence and under the several Provisions Conditions and Limitations hereafter in and by these presents expressed limited and declared and to and for none other use intent or purpose whatsoever That is to say as for and concerning all the Farm Messuage or Tenement commonly called or known by the Name of Causin-Farm and all and every the Houses Buildings Barns Stables Yards Gardens Orchards and Lands Arable Meadow and Pasture containing by estimation one hundred Acres be the same more or less to the said Messuage Farm or Tenement belonging or in any wise appertaining with the appurtenances scituate lying and being in S.M. the appurtenances now or late in the tenure or occupation of the said A. B. or his Assigns And all the
Escripts and Monuments before by these presents bargained and sold as also all the true Copies of all such other Deeds and Writings as do touch and concern the before bargained premises or any part thereof Together with any other Lands Tenements or Hereditaments not before mentioned The said Copies to be written at the Cost of the said D. his Heirs and Assigns An Assignment with a Proviso to have the Lease again upon payment of a sum of money THis Indenture made c. between G. B of c. of the one part and W. H. of c. of the other part Whereas one R. G. and his Wife by their Deed indented bearing date c. for the consideration in the said Deed indented expressed did demise grant and to farm-let unto the said G. B. all that the moyety and half-deal of the Mannor of D. with the appurtenances set lying and being in c. and the moyety and half-deal of all their Messuages Dove-houses Edifices Buildings Lands Tenements Rents Reversions Services Mills Meadows Leasows Pastures Woods Under-woods Commons Heaths Profits Commodities and Hereditaments to the said Mannor of c. belonging set lying and being within the Town Fields Parishes and Hamlets of C. N. D. within the said County of G. or accepted reputed or taken c. To have and to hold c. with divers Covenants Articles Agreements and Reservations in the said Indenture contained as by the said Indenture c. Now this Indenture witnesseth That the said G. B. for divers and sundry c. hath given granted alienated assigned and set over and by these presents doth c. as well the said moyety c. as also all the Estate Right Title Use Interest Possession Claim and Demand whatsoever of the said G. B. had and made as is aforesaid To have and to hold the said moyety and half-deal of the said Mannor of D. with the appurtenances and all the Estate Right Title Use Interest Clatm Possession and Demand whatsoever of the said G. B. c. Provided nevertheless and it is agreed between the said Parties to these presents That if the said G. B. his Heirs Executors or Assigns or any of them do at any time hereafter pay and deliver or cause to be paid and delivered unto the said W. H. his Executors or Assigns or any of them the sum of c. of lawful money of England at one entire payment at or in the Church-Porch of the Parish-Church of C. aforesaid within the said County of G. at or in the place where the said Parish-Church now standeth that then and from thenceforth as well this present Grant and Assignment and every Clause Article and Sentence herein contained to be utterly void frustrate and of one effect as also that then and from thenceforth the said moyety of the said Mannor of D. and al other the premises whatsoever with their appurtenances and every part and parcel thereof by these presents assigned and set over unto the said W. H. shall come and be to the said G. B. his Executors and Assigns for and during all the number of years that shall at the time of the payment to be had and made in manner and form aforesaid be then to come and unexpired of the said term of c. years granted unto the said G. B. Executors and Assigns as is aforesaid as though this present Indenture of assignment of the premises had not been had or made In witness c. A revoking of a pretended Contract of Matrimony LEt all Men know and take notice by these presents That we F. D. of S. and J. H. of c. being desirous to have matters cleared between us concerning such proceedings as have been about treaty of Marriage between us and that we both notwithstanding any pretence of Contract between us may hereby declare and manifest to all people that there was no absolute Contract or Engagement between us at any time for Marriage of each other but that we are free one from the other in that kind and may each of us freely marry with others We do therefore freely and without any compulsion declare manifest and make known unto all people that we the said F. D. and J. H. were never absolutely contracted together in any Contract of Matrimony neither did we nor any of us profess or declare that we would marry each other unless c. our Friends c. we do therefore hold our selves no wayes to be tyed or obliged each to other in any manner of Contract of Matrimony or for Marriage each of other and therefore we do hereby freely and absolutely release and discharge each other of and from all manner of Contracts of or for marriage heretofore had or pretended to be had or made between us and we do hereby freely and fully release acquit and discharge each other of us and of and from all manner of Actions Suits or Claims prosecuted or which may be begun or prosecuted in any Court Ecclesiastical or Civil concerning the premises And in testimony of our free and full consent herein we the said F. D. and J. H. have hereunto subscribed our Names the day of c. An Assignment of Lands taken upon an Extent THis Indenture made the c. between T. H. of c. and W. W. of c. of the one Party and J. B. of c. of the other Party Whereas the said T. H. lately recovered by Judgment in His Majesties Court of Kings Bench the sum of c. against T. C. of B. c. and thereupon the said T. H. in Michaelmas Term last did take and sue forth Execution by Writ of Elegit directed to the then Sheriff of the said County of W. Whereupon by Inquisition and by the Jurors then and there sworn taken by the said Sheriff at the City of c. The day of c. Amongst other things it was found That the said T. C. at the time of the said Inquisition was possessed for and during the term of c. years then to come of and in one Messuage or Tenement and divers parcels of Land Meadow and Pasture to the said Messuage or Tenement belonging or appertaining in C. in the said Parish of c. as his proper Goods Which said term and interest of the said T. C. of or in the said Messuage or Tenement the Jury at the time of the said Inquisition did apprize and value at c. pounds which said term of years the said Sheriff the day of the same Inquisition did deliver to the said T. H. at the price and apprizance aforesaid To hold unto the said T. H. and his Assigns as his proper Goods and Chattels according to the form of the Statute in that behalf made and as parcel of the same debt and damages of the said T. H. recorded as aforesaid And the said Jurors also found That the said T. C was at the time of the said Inquisition seized in his Demeasn as of Fee of and in
Mariners for the safe conducting of the said Ship and keeping of the Merchants Goods during the said Voyage In witness c. A Mortgage of Lands upon Money c. THis Indenture made the c. between T. A. of c. of the one part and T. M. Vintner and Citizen of London of the other part Witnesseth That the said T. A. for and in consideration of the sum of c. of lawful money of England in hand paid unto him the said T. A. by the said T. M. at and before the ensealing and delivery of these presents the receipt whereof the said T. A. doth hereby acknowledge and thereof and of every part thereof doth hereby also clearly acquit and discharge the said T. M. his Heirs and Assigns and for divers other good Causes and Considerations him the said T. A. thereunto moving Hath demised granted bargained and to farm-letten and by these presents doth c. unto the said T. M. his Executors Administrators and Assigns all those three several Pastures of Grounds lying in S. within the parts of Holland in the County of L. containing by estimation c. be they more or less now or late in the Tenure or Occupation of one I. B. his Assignee or Assignees To have and to hold the said three Pastures and every part and parcel thereof with their and every of their appurtenances unto him the said T. M. his Executors and Assigns from the Feast of c. now next ensuing the date of these presents for during and until the full end and term of 99 years from thence next ensuing and fully to be computed compleat and ended Yielding and paying therefore yearly during the said term unto the said T. A. his Heirs Executors Administrators or Assigns one Pepper-corn if it be lawfully demanded at or on the Feast-day of St. Michael the Archangel And it is hereby concluded and agreed by and between the said Parties to these presents and the said T. A. doth for himself and A. his wife their Heirs Executors c. covenant promise and agree to and with the said T. M. his Executors Administrators and Assigns that it shall and may be lawful to and for the said T. M. his Executors Administrators and Assigns quietly and peaceably to have hold occupy possess and enjoy all and singular the said three Pastures or Grounds and Premises with their and every of their appurtenances from time to time and at all times hereafter during the said term without the lawful let and interruption of him the said T. A. and A. his wife their and either of their Heirs Executors or Assigns or of any other person or persons whatsoever lawfully claiming from by or under them or either of them And also freed and discharged of and from all and all manner of former Bargains Sales Gifts Grants Judgments Executions and other Charges of Incumbrances whatsoever had made done or suffered by them or either of them Provided alwayes and it is nevertheless agreed and concluded by and between the said Parties to these presents and it is the true intent and meaning thereof That if the said T. A. his Executors Administrators c. or either of them shall well truly pay or cause to be paid unto the said T. M. his Executors Administrators and Assigns the full and entire sum of c. of lawful money of England on the day of c. next ensuing the date of these presents at or in c. That then this present Indenture Demise and Grant and every Clause and Article therein contained shall cease determine be void and of none effect any thing in these presents contained to the contrary thereof in any wife notwithstanding In witness c. An Indenture of Bargain and Sale of a Mannor with necessary Covenants THis Indenture made the c. between J. W. of c. on the one part and R. D. of c. and B. his wife on the other part Witnesseth c. Hath granted aliened bargained and sold and by these presents doth grant allen bargain and sell unto the said R. D. and B. his wife their Heirs and Assigns all that the Mannor of c. with the appurtenances in the County of Essex And all the Lands Tenements and Hereditaments with the Appurtenances whatsoever by what name or names soever the same or any of them be known or called now in the Tenure or Occupation of W. E. or his Assigns Together with all and singular the Lands Tenements Profits Commodities and Hereditaments to the said Mannor of H. belonging or in any wise appertaining or with the same at any time heretofore demised used or occupied or reputed taken occupied or known as any part parcel or member thereof And all other his Messuages Lands Tenements and Hereditaments whatsoever lying and being in the Parish of c. or in any of them in the said County in E. And all and singular the Reversion and Reversions Remainder and Remainders of them and every of them and all Rents reserved upon any Demise or Lease of them or any part of them And also all the Estate Right Title or Interest Use Possession Claim and Demand whatsoever which he the said J. W. now hath may might should or in any wise ought to have of in and to all and singular the said bargained premises or any part thereof Together with all and singular Evidences Deeds Escripts Charters Writings Court-Rolls Books of Survey and Monuments whatsoever concerning the same as be now in the Hands Custody and Possession of the said I. W. or in the Hands Custody and Possession of any other person or persons whatsoever to his use by his delivery or which he may lawfully get or come by without suit in Law And the said J. W. doth covenant promise and grant for himself his Heirs Executors and Administrators and for every of them to and with the said R. D. and B. his wife their Heirs and Assigns upon reasonable request to deliver or cause to be delivered unto the said R. D. and B. or either of them their or either of their Heirs or Assigns at or before the Feast-day of St. Michael the Archangel next ensuing the date of these presents true Copies of all such Evidences and Writings as concern the said Lands together with any other Lands of the said J. W. to be written at the Costs and Charges of the said R. and B. or either of them their Heirs or Assigns Habend To have and to hold all and singular their said Mannor of H. Lands Tenements and all other the aforesaid premises and all and singular their appurtenances before in and by these presents bargained and sold and every part and parcel thereof unto the said R. D. and B. his wife their Heirs and Assigns for ever And the said J W. for himself his Heirs That he is seised in Fee and hath power to grant Executors and Administrators doth covenant and grant to and with the said R. D. and B.
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.
Court of Common-Pleas at Westminster acknowledge and levy one Fine Sur conusans de droit comme ceo ont de ils done c. unto the said R. P. his Heirs c. with Proclamation according to the Laws and Statutes of this Realm in that behalf provided of all those Messuages Lands Tenements and Hereditaments with the appurtenances lying and being in P. in the County of E. which by one Deed indented bearing date with these presents are mentioned to be bargained and sold by the said G. S. to the said R. P. his Heirs c. and every part and parcel thereof to the only use and behoof of the said R.P. and of his Heirs and Assigns for ever according to the true intent and meaning of the same Deed as by the said R. P. his Heirs or Assigns or by his or their Council learned in the Law shall be reasonably devised and required That then c. A Condition to deliver an Obligation by a day THe Condition c. That whereas the within-named T. M. by his Obligation bearing date c. and standeth bound unto the within-bounden P. F. in the sum of 100 l. with Condition c. as by the same Obligation may appear if therefore the said P. F. his Executors Administrators or Assigns do or shall on or before the c. next ensuing the date within-written deliver or cause to be delivered unto the said T. M. his Executors Administrators or Assigns the said recited Obligation cancelled or to be cancelled That then c. A Condition to pay Money during life THe Condition c. that if c. W. W. his Executors Administrators or Assigns or any of them do or shall yearly for during the natural life of A. W. of c. well and truly pay of cause to be paid unto the within-named W. M. his Executors Administrators or Assigns for and towards the maintenance of the said A. the sum of c. at or in c. on four dayes in every year That is to say on the c. by even and equal portions the first payment thereof to be made and begin on the c. next ensuing the date within-written he the said W. W. his Executors Administrators or Assigns every such payment sealing and delivering to the said W.W. his Executors Administrators or Assigns to his and their use a sufficient acquittance and discharge in writing under his Hand and Seal of the money so paid and so from time to time received That then this c. A Condition to assign over a Lease by a day THe Condition c. that if c. J. W. in consideration of 300 l. to him in hand paid by the within-named P. C. do and shall on this side and before c. next ensuing the date within-written at the Costs and Charges in the Law of the said P. C. his Executors Administrators or Assigns by good conveyance and assurance in the Law grant convey and assure unto such person and persons as the said P. C. shall nominate and appoint as well one Indenture of Lease made by and from A. B. to the said J. W. bearing date c. and all Lands Tenements and Hereditaments therein and thereby demised and granted as also all the Estate Right Title Interest Rent Reversion Property Claim and Demand whatsoever of him the said J. W. of in or to the premises clearly discharged of all Incumbrances whatsoever done or to be done by the said J. W. or any by his means consent or procurement except one Lease heretofore made by the said J. W. to one T. T. of the premises whereupon the yearly Rent of 100 l. is reserved which said yearly Rent shall or may from henceforth be paid to the said P. C. or such person or persons as he shall name or appoint during the continuance of the said Lease and if the said J. W. do and shall permit and suffer the said P. C. and his assigns from time to time and at all times hereafter to have receive and take the Rents Issues and Profits of the premises without the let or denial of the said J. W. or his Executors That then c. A Condition for quiet enjoying of a Messuage THe Condition c. that if the within-named J. M. his Heirs and Assigns and every of them shall and may for ever from henceforth peaceably and quietly have hold use occupy possess and enjoy all that Messuage or Tenements and Lands scituate lying and being in c. and every part and parcel thereof mentioned to be bargained and sold by the within bound R. W. to the said J. M. in and by a certain Indenture of Bargain and Sale bearing date the day of the date within-written made between the within bound R. W. and A. his wife on the one part and the above-named J. M. on the other part clearly discharged or otherwise sufficiently saved and kept harmless of and from all and all manner of Estates Titles Troubles Charges and Incumbrances whatsoever or any time heretofore had made committed permitted suffered or done by the said R. W. and A. his wife or either of them or by his or their means or procurement That then c. A Condition not to do any act to prejudice the Estate of the Obligee in a Lease c. THe Condition c. That if the within-bound R. R hath not done nor that he his Executors or Administrators at any time hereafter shall wittingly or willingly do or assent unto any manner of act or acts device or devices whereby or by reason whereof the interest estate and term of years which the within-named H. B. hath of in or to any the Messuages Lands Grounds Tenements or Hereditaments called c. or any part or parcel thereof is or shall be alienated bargained sold assigned determined avoided or incumbred or whereby one Obligation or Deed obligatory bearing date the c. last past before the date within-written is or shall be discharged released and made void or lose any manner of force or strength except it be by and with the assent consent and agreement of the within-named H. B. his Executors or Administrators wherein one R. A. Citizen c. standeth bound to the said R. R. in the sum of c. with a certain condition thereupon endorsed touching the Messuages Lands and Tenements called c. as by the same may appear That then c. A Condition to pay Rent during a Lease parol and at the end to depart leaving the Goods and Houshold-stuff mentioned c. THe Condition c. That whereas the above-named T. L. hath by Lease parol set and to farm-let to the above-bound T. D. all that Capital Messuage c. for the term of c. to be reckoned and accounted from the c. at and for the yearly Rent of c. of lawful c. payable in form following that is to say on the c. If therefore the said T. D. his Executors Administrators Under-Tenants
consideration of a Marriage by Gods permission shortly to be had and solemnized between the said P.M. and one F. Daughter of E. T. of c. and for divers other good causes and considerations him the said J. M. especially moving it is concluded covenanted granted and agreed by and between the said Parties to these presents And the said J.M. on his part for himself his Heirs Executors and Administrators doth by these presents covenant and grant to and with the said E. F. and G. M. and either of them and the Executors and Administrators of them and either of them that for the considerations aforesaid he the said J. M. and his Heirs and all and every other person and persons now standing or being seized or that hereafter shall stand and be seized of and in all that the Mannor of S. in the County of B. with all and singular the rights members and appurtenances thereof and of and in all and singular Messuages Tenements Houses Buildings Orchards Lands Meadows Leasows Pastures Feedings Commons Mills Woods Under-woods Advowsons Reversions Rents Services Wastes Estrayes Royalties Liberties Priviledges Jurisdictions Hereditaments and all other the rights members and appurtenances whatsoever to the said Mannor and Lands incident belonging or in any wise appertaining or accepted reputed taken or known or occupied demised or letten as part parcel or member thereof shall from thenceforth stand and be seized of and in the same Mannor Lands Tenements Hereditaments and all other the premises and of and in every part and parcel there of with the appurtenances to the uses intents and purposes hereafter in these presents mentioned and expressed and to none other use intent or purpose whatsoever That is to say unto and for the use of the said J. M. until the said Marriage shall be had and solemnized between the said P. M. and F. and immediately from and after the said Marriage so had to the use of the said P. M. and F. and of the Heirs males of the said P. M. on the body of the said F. lawfully begotten and for default of such Heirs males to the use of the right Heirs of the said J. M. for ever And further the said J. M. doth by these presents covenant and grant for him his Heirs Executors Administrators and Assigns and every of them to and with the said E. F. and C. M. and either of them their Heirs Executors Administrators and Assigns in manner and form following That is to say That the said Mannor Lands Tenements and Hereditaments and all other the premises with their appurtenances now are and be and at all times hereafter and from time to time shall and may continue remain and be clearly acquirted exonerated and discharged or otherwise well and sufficiently saved and kept harmless by the said J. M. his Heirs Executors c. or by some or one of them at his and their own proper costs and charges of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Joyntures Dowers Titles of Dower Uses Wills Entails Rents Charge-Rents Seck arrerages of Rents Titles Recognizances Statutes-Merchant and of the Staple and of and from all other Charges Incumbrances and Demands whatsoever had made committed or done by the said J. M. or by his Heirs or Assigns or by any other person or persons or by his or their assent consent means privity or procurement The Rents and Services which from thenceforth shall grow due to the chief Lord or Lords of the Fee or Fees of the premises and all lawful Leases or Grants heretofore made or granted of the premises or of any part thereof which shall not continue above four years or thereabouts next after the date hereof whereupon several yearly Rents are reserved amounting in the whole to c. which shall be yearly payable to the said P. M. and F. and the Heirs males of the said P. M. for and during the continuance of the said Leases and Grants only excepted and foreprized And that the said Mannor and other the premises at the end and determination of the said Leases and Grants shall remain and from thenceforth shall and may continue and be unto the said P. M. and F. and the Heirs males of the said P. M. of the clear yearly value of c. or thereabouts And moveover that he the said J. M. his Heirs c. shall and will at this time and from time to time during the space of one whole year next after the said Marriage had and solemnized when as often as he or they or any of them shall be thereunto reasonably required by the said E. F. and G. H. or either of them their Heirs or Assigns or any of them do make knowledge levy and execute or cause and suffer to be made done knowledged levied and executed all and every such further act and acts thing and things device and devices assurance and assurances in the Law whatsoever be it by Deed or Deeds inrolled or not inrolled Fine with Proclamation Feoffment Recovery with Vouches and Vouchers release or confirmation with warranty against the said J. M. and his Heirs or otherwise or without warranty or by all or so many of the wayes means and devices aforesaid or by any other wayes or means whatsoever as by the said E. F. or G. H. or either of them their Heirs or Assigns or by their or any of their Council learned in the Law shall be reasonably devised or advised and required at the costs and charges only in the Law of the said P. M. for the further better and more perfect assurance surety sure-making and conveying of the said Mannors Lands Tenements and Hereditaments and all and singular other the premises with the appurtenances in and by these presents mentioned and intended to be conveyed and assured in manner and form above in these presents declared and every part and parcel hereof unto the said E. F. and G. H. to the uses intents and purposes above in these presents mentioned and to no other uses intents or purposes whatsoever In witness c. An assurance of a Joynture made before Marriage with special Covenants concerning Children by a former Husband THis Indenture made c. between R.L. of c. of the one part and A. B. and J.G. of c. of the other part Witnesseth That in consideration of a Marriage shortly to be had and solemnized between the said R. L. and A. H. late Wife of c. deceased for the future good and advancement of the said A. H. and in testimony of the singular good will and affection which he the said R. L. hath and beareth to the said A. H. and for divers other good and weighty considerations him the said R. L. thereunto especially moving it is covenanted granted concluded and fully agreed upon by and between the said Parties to these presents in manner and form following That is to say And the said R. L. for himself his Heirs Executors and Administrators
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-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
conveying of Hesters third part to J. F. and his Heirs suffer a recovery and by this Deed together with the Tenants of the Free-bold and the Recoverors direct the use of the same Recovery THis Indenture Tripartite c. Between Sam. N. c. and Hest his Wife one of the Daughters and Co-heirs of W. K. late of c. deceased of the first part J. F. the younger of c. of the second part and T. Y. of c. and N. L. and B. T. of the third part witnesseth That whereas the said S. N. and Hester his Wife in the right of the said Hester were at the beginning of the Term of St. Michael now last past and before seized in Fee-rail with divers remainders over of and in one full third part the whole into three equal parts to be divided of all that Tenement c. containing by estimation one Yard-land with the appurtenances set lying and being in Dundry aforesaid in the said County of Somerset and of and in all Houses Edifices Buildings Barns Stables Orchards Gardens Backsides Lands Tenements Meadows Leasows Pastures Commons Common of Pasture Woods Under-woods Profits Commodities Emoluments and Hereditaments whatsoever to the said Messuage and Premises or any of them or to any part and parcel of them belonging or in any wise appertaining and whereas the said S. N. and H. his Wife being so seized as aforesaid since the beginning of the said last Term of Saint Michael did for and in consideration of the sum of 100 l. of c. to them by the said J. F. before the ensealing and delivery hereof well and truly paid and satisfied whereof they do hereby acknowledge the receipt and thereof and of every part and parcel thereof do clearly acquit and discharge the said J. F. his Heirs Executors and Administrators by these presents conclude and agree to and with the said J. F. to convey and assure to the said J. F. his Heirs and Assigns for ever to the only and proper use and behoof of him the said J. F. his Heirs and Assigns for evermore the one full third part of all and singular the Tenement Cottages Lands and Premises before in these presents mentioned or expressed and of all and singular other the Messuages Lands Tenements and Hereditaments whatsoever within the Parish of Dundry and Chiew aforesaid or either of them whereof the said William King the younger Father of the said Hester in his life-time and at the time of his death was seized of an Estate of Inheritance by such wayes means and assurance in the Law as by the Council of the said J. H. should be advised and thought meet and whereas it was advised and thought meet by the Council of the said I. F. and concluded and agreed by and between the said Parties to these presents that a common recovery with double Voucher should be suffered and executed of the said third part by the said S. M. and H. his Wife of the Messuages Tenements Cottage Land and Premises before in these presents mentioned or expressed for the cutting off the said intail and barring all remainders and for the assuring and setling of the Inheritance of the same third part to and on the said I. F. his Heirs and Assigns for ever in pursuance of which said advice conclusion and agreement they the said S. N. and Hester his Wife by their Deed indented bearing date the first day of this instant Moneth of November and inrolled in the High Court of Chancery the nineteenth day of the same Moneth made between them the said S. N. and Hester of the one part and the said T. Y. of the other part have granted bargained and sold to the said T. Y. and his Heirs one full third part the whole in three equal parts to be divided of all and singular the Tenement Cottage Lands and Premises before in these presents mentioned or expressed and of all and singular other the Lands Tenements and Hereditaments whatsoever within the Parishes of Dundry and Chiew aforesaid or either of them whereof the said W. King the younger Father of the said Hester in his life-time and at the time of his death was seized of an Estate of Inheritance and the Rents Reversions and Services thereof to be had and holden to the said T. Y. perfect Tenant of the Free-hold of the premises that a good perfect and common recovery with double Voucher might thereof be had and executed in pursuance of and according to the said conclusion and agreement and whereas afterwards in the same Term of St. Michael according to the conclusion and agreement aforesaid the said N. L. and B. T. did pursue out of the said Court of Chancery one Writ of Entry sur disseisin en le post returnable before the Justices of the Court of Common-Pleas at Westminster whereby the said N. L. and Ben. T. demanded against the said T. Y. the said part of the Messuage Tenement Cottage Lands and things herein before mentioned or expressed and by the said conclusion and agreement meant or agreed to be assured or conveyed to the said J. F. and his Heirs as aforesaid by the names of the third part of two Messuages of thirty acres of Land of ten acres of Meadow of thirty acres of Pasture of three acres of Wood and Common of Pasture with the appurtenances in Dundry and Chiew in the County of Somerset to which Writ the said T. Y. appeared in person and after declarations against him by the said N. L. and B. T. he the said T. Y. appeared in person at the Bar of the said Court and vouched to warranty the said S. N. and H. his wife who likewise appeared in person and did enter in the warranty and afterwards vouched over the common Vouchee who did likewise appear in person and after declaration against him made defence and afterwards made default whereby several Judgments were had according to the course of common recoveries used in the said Court of Common-Pleas witnesseth now further this present Indenture and it is hereby explained declared and expressed that the true intent and meaning of all the said Parties to these presents before and at the time of the suffering the said recovery was and ever since hath been and yet is that the said recovery and the whole execution thereof should and for ever hereafter shall be and enure and the said recoveries and their Heirs shall for ever hereafter stand and be seized of and in the said third part of the said Tenement Cottage Lands and Premises before-mentioned with the appurtenances to and for the only proper use and behoof of him the said J.F. and of his heirs and assignes for ever and to or for none other use intent or purpose whatsoever for that end purpose according to the advice of the Council and the conclusion and agreement aforesaid the said S. N. and H. his wife for them and their Heirs and every of them do and either of them doth by these
request of the said W. B. and by the appointment and with the atturnment of the said W. D. the elder have and either of them hath granted bargained sold aliened and confirmed and by c. to the said W. D. the Son and his Heirs all that Messuage Tenement c. and all Rents Reversions Remainders and Services of the said premises and all their and either of their Right Title Interest Challenge Claim and Demand whatsoever of in and to the same premises to have hold and enjoy the said c. unto the said W. D. the Son his Heirs and Assigns for ever to his and their own use for evermore to be holden of the chief Lord or Lords of the Fee or Fees of the premises by the Rent and Services therefore due and of right accustomed and it is concluded and agreed by and between the said Parties that neither these presents nor any thing therein contained shall extend to be construed to extend to bind or charge the said R. R. and W. K. or either of them their or either of their Heirs touching the premises otherwise than against his and their own acts respectively In witness whereof c. Note That in respect of the Atturnment of Tenant the Estate of Inheritance passeth legally without Livery B. M. being seized of Lands jure uxoris she being a Co-heir purchaseth of J. B. to whom the Estates of the other Co-heirs is come all the Lands the Conveyance is by recovery concluded to be suffered by J. B. THis Indenture c. Between J. B. of c. Son and Heir of William Beaumont late of c. deceased and M. his Wife one of the Daughters and Co-heirs of D. S. Gent. deceased of the one part and B. M. of c. William H. J. H. of c. and Rich. C. of c. of the other part witnesseth That the said John Beaumont for and in consideration of the sum of 200 l. of c. to him by the said B. M. before c. whereof c. hath agreed to grant convey and assure to the said B. M. his Heirs and Assigns for ever all that toft and eight acres of Land by estimation be they more or less called c. and also Common Pasture for six young Beasts and one House with the appurtenances in Wickware Heath all which premises are scituate c. and now are in the tenure holding or occupation of the said B. M. in the right of E. his Wife the Daughter of R. W. deceased for term of her life and which said premises late were the Inheritance of the said D. S. and by and after his death descended and came to his three Daughters viz. the said M. E. the Wife of R. C. and B. the Wife of J. M. the parts and portions of which E. C. and B. he the said W. B. purchased and dyed thereof seized And also the said J. B. for the Confiderations aforesaid hath agreed to grant convey and assure to the said B. M. his Heirs and Assigns for ever all other the Messuages Lands Tenements and Hereditaments of him the said J. B. within the Parish of W. aforesaid and all Rents Reversions and Services of the premises and every part thereof as by such wayes and means as by him the said B. M. or his Council learned in the Law shall be in that behalf reasonably devised and required and this present Indenture further witnesseth That the said I. B. doth for himself his Heirs Executors and Administrators covenant promise and grant to and with the said B. M. his Executors and Administrators and Assigns by these presents that he the said I. B. shall and will before the end of Easter Term now next ensuing by Deed indented and enrolled in the High Court of Chancery bargain and sell to the said W. H. and I. H. and their Heirs all the said toft and premises To have and to hold to the said W. H. and I. H. and their Heirs during the natural life of the said I. B. to the intent and purpose to make them Tenants of the Free-hold of the premises and that a Writ of Entry sur disseisin en le post shall be brought and prosecuted by the same R. C. against the said W. H. and I. H. whereby he shall demand the said premises by some fit or apt names against them the said W.H. and I.H. who shall appear in person and vouch to warranty the said J. B. who shall likewise appear in person and vouch over to warranty the common Vouchee who shall likewise appear in person and enter into the warranty and afterwards make default and depart in contempt of the Court whereby several Judgments shall be had viz. for the said R. C. to recover the premises against the said W. H. and I. H. and for them to recover in value against the said I. B. and for the said I. B. to recover over in value against the said common Vouchee which said recovery so or in any other manner to be had and executed and all Fines Feoffments and other Assurances at any time hereafter to be had or executed of the premises or any part thereof shall be and enure and shall be deemed adjudged construed and expounded to be and enure to and for the only use and behoof of the said B. M. and of his Heirs and Assigns for ever and the said I. P. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said B. M. his Heirs and Assigns by these presents that he the said I. B. at the time of the ensealing and delivery thereof is and until the said premises shall be fully and perfectly conveyed and assured to the said B. M. his Heirs and Assigns for ever according to the true intent and meaning of these presents shall be the true and lawful Owner of the said premises and every part thereof and of and in the same and every part thereof lawfully and rightfully seized of a good Estate of Inheritance in Fee-simple in his own right and to the only use of him and his Heirs by good sure sufficient and absolute conveyance assurance and title in the Law indeseazible and also that he the said I. B. at the time of the ensealing and delivery hereof hath and until the said premises shall be assured as aforesaid shall have full power good right and lawful authority to bargain sell convey and assure the said premises and every part thereof to the said B. M. his Heirs and Assigns for ever according to the true intent and meaning of these premises and also that the said premises and every part thereof now be and are and so from time to time and at all times hereafter for ever shall or may be remain and continue to the said B. M. his Heirs and Assigns clearly acquitted and discharged or otherwise by him the said I. B. his Heirs and Assigns well and sufficiently saved and kept harmless of and from all and all
or to claim by or under him or deriving any authority by or under him them or any of them shall at any time hereafter enter into receive take or intermeddle with the said Mannors Messuages Lands Tenements Hereditaments Jewels Moneys Bonds Specialties Debts or other things before hereby mentioned meant or intended to be granted assigned or delivered by the said Phil. B. to the said Eliz. B. as aforesaid or any part or parcel thereof or any Rents Issues or Profits thereof or of any part thereof other than according to the true intent and meaning of these presents provided alwayes and it is declared to be the true intent and meaning of these presents and all the parties to the same that in case the said Marriage shall not be solemnized on or before the c. next ensuing the date hereof that then and from thenceforth these presents and every grant matter and thing herein contained shall cease determine and be utterly frustrate and void to all intents and purposes and that the said P. B. her Executors c. shall from thenceforth have and enjoy again to her and their own use and right all c. any thing c. In witness whereof to one part of this Tripartite Indenture remaining with the said Eliz. B. the said T. G. and P. B. have put their Hands and Seals to one other part remaining with the said P.B. the said T. G. and Eliz. B. have c. to the other part remaining with the said T. G. the said P. B. and E. B. have c. A. and B. his Wife being possessed of a certain Mannor and Lands Covenants with C. D. to levy a Fine thereof to certain uses with a Covenant that himself and his Wife together shall have power to let Leases for Lives or Years THis Indenture c. Between A. and B. his Wife of the one part and C. c. and D. of c. of the other part witnesseth That for the setling of the Inheritance of the Mannors Lands Tenements and Hereditaments hereafter in these presents mentioned to such use and uses and in such manner and form as is hereafter in these presents limited expressed and declared and for the enabling of the said A. and B. his Wife to make and grant Leases and Estates of and in the said Mannor Lands and Premises in such manner and form and according to the power and authority to them hereafter in these presents mentioned reserved and raised and for other good Causes and Considerations them the said A. and B. his Wife thereunto especially moving it is agreed between the said Parties and they the said A. and B. his Wife do covenant grant and agree to and with the said C. and D. and either of them their Executors and Administrators by these presents that they the said A. and B. his Wife shall and will before the end of Michaelmas term next ensuing the date hereof acknowledge and levy to the said C. and D. and to the Heirs of the said C. one Fine sur conuzance de droit c. to be sued out with Proclamations according to the form of the Statute in that case made and provided of all that the Mannor Capital Messuage Farm Baron and Demeasn Lands of c. with all and singular the Rights Members and Appurtenances thereof thereunto or to any of them belonging or reputed or used as thereunto or to any of them belonging and of all other the Messuage Lands Tenements Rents Services and Hereditaments whatsoever wherein T. J. Gent. deceased had any Estate of Inheritance in possession reversion or remainder situare lying and being or to be had or taken in or near the Towns Parishes Fields and Hamlets c. with the appurtenances and of twelve Messuages two Cottages one Water-Mill twelve Gardens three hundred Acres of Land two hundred Acres of Pasture forty Acres of Wood with the appurtenances in c. or by such other fit name or names quantities and qualities of Acres as shall be thought fit which said Fine so or in any other manner to be had and levied shall be deemed adjudged construed and expounded to be to and for the only uses intents and purposes hereafter in these presents limited expressed and declared and to and for none other use intent or purpose whatsoever that is to say to the use and behoof of the said A. for and during the term of his natural life and from and after his death to the use and behoof of the said B. for and during the term of her natural life and from after the decease of the said A and B. his Wife to the use and behoof of the Heirs of the body of the said A. on the body of the said B. begotten and to be begotten and for default of such Heirs to the use and behoof of the right Heirs of the said A. for ever and it is promised covenanted concluded agreed and declared by and between all and every the said parties to these presents that it shall and may be lawful to and for the said A. from time to time and at all or any time or times during his natural life by an Indenture or Indentures to make any Demise or Demises Grant or Grants of the said premises or of any part or parts thereof alone or amongst other things as well in possession for the term of twenty one years or under or for one two or three life or lives or for any term or number of years determinable on one two or three Lives at for and under such Rents Covenants and Conditions as to him the said A. shall seem meet so as she the said B. shall be made a Party to every such Indenture whereby any such Demise or Grant shall be made during the life of the said B. and that the said B. shall seal and deliver every such Indenture and that at all times from and after the making of any such Demise or Demises Grant or Grants the said Fine to be levied as aforesaid and the Conuzes of the same Fine and their Heirs and the Heirs of the Survivor of them shall stand and be seized of and in such part and parts as shall be so demised or granted to the use and behoof of every such Lessee or Lessees Grantee or Grantees to whom any such Demise or Demises Grant or Grants shall be so made and according to the true intent and meaning of every the same several and respective Demise or Demises Grant or Grants so as the same Lessee or Lessees Grantee or Grantees their Executors and Assigns shall pay the Rents and perform their Covenants and Conditions in such Indentures of Demises or Grants to be specified and contained according to the true intent and meaning of the same Indenture In witness c. R. C. being possessed of a Messuage c. in Fee-simple granteth the same to J. P. C. P. and G. C. Habend to them and their Heirs to certain uses viz. the use of himself for life yet
so as to pay 20 l. per annum and Meat Drink c. to his eldest Son his Wife c. and after his decease to several other uses and profits THis Indenture c. Between R. C. of c. of the one part and J.P. C. P. and G. C. of the other part witnesseth That the said R. C. for divers considerations him thereunto moving and especially for the preferment of A. his eldest Son and next Heir and for the Joynture of Alice the now Wife of the said A. and for the preferment of the Issue between the said A. and Alice lawfully begotten and to be begotten hath given granted enfeoffed and confirmed and by c. unto the said J.P. C.P. and G. C. and their Heirs all that Mansion-house or Messuage with the appurtenances wherein the said R. C. now dwelleth set lying and being c. and all the Orchards Gardens Lands Tenements Pastures Meadows Woods Commons Profits Commodities and Advantages whatsoever to the said Messuage and Premisses belonging or in any wise appertaining or being accepted reputed or used as part parcel or member thereof and the Reversion and Reversions Remainder and Remainders Rents and Services of all and singular the aforesaid premises and every part and parcel thereof To have and to hold the said Messuage or Tenement Lands Meadows Leasoes Feedings Pastures Rents Reversions Services and Hereditaments and all and singular other the premises with their and every of their appurtenances unto the said J. P. C. P. and G.C. their Heirs and Assigns for ever to this end meaning intent construction and purposes that they c. and their Heirs and the Heirs of the Survivor or Survivors of them shall from henceforth stand and be seized of the said Messuage and all and singular other the above mentioned premises and of every part and parcel thereof to the uses intents and purposes hereafter in these premises limited and declared and to none other use intent or purpose whatsoever that is to say to the use and behoof of the said R. C. for and during his natural life so as and upon condition that he the said R. C. shall from time to time during his natural life pay or cause to be paid unto the said A. and Alice his Wife and the longest liver of them the sum of 20 l. by the year at the two most usual Feasts in the year that is to say the Feast of c. by even portions to be paid during the said term or within fourteen dayes next after every of the said Feast-dayes and the first payment to be had and made upon the Feast-day of c. and the same payments to be yearly had and made in manner and form aforesaid at or within the now dwelling-house of the said A. situate c. and also upon condition that he the said R. C. shall from time to time during his natural life find give and provide unto the said A. and the said Alice his Wife and to all such Children as shall between them begotten competent sufficient and convenient Meat Drink House-room and Lodging within his said Mansion-house and after the decease of the said R. C. the said Parties above-mentioned and the Heirs of the longest liver of them shall stand and be seized of all and singular the said premises with their and every of their appurtenances to the use and behoof of the said A. and of the said Alice his Wife and of the Heirs of their two Bodies between them lawfully begotten and to be begotten and for default of such Issue to the use and behoof of R. C. one other of the Sons of the said R. C. and of the Heirs males of his Body lawfully to be begotten and for default of such Issue to the use and behoof of W. C. one other of the Sons of the said R. C. and the Heirs males of his Body lawfully to be begotten and for default of such Issue to the use of the said R. C. of his Heirs and Assigns for ever R. C. covenanteth that he is lawfully seized hath power to grant that the premises shall remain free from Incumbrances proue usual A settlement by Fine and Recovery of several Mannors Lordships c. for the raising of Moneys for payment of Debts and Childrens portions as also for entailing thereof under several Provisoes and Legacies THis Indenture Tripartite c. between the Right Honourable Edward Lord Herbert and Richard Herbert Esq Son and heir apparent of Dame Mary late wife of the said Edward Lord Herbert and sole Daughter of Sir William Herbert of St. Julians in the County of Monmouth Knight deceased of the first part the Right Honourable John Earl of Bridgewater and Edward Herbert of the Inner-Temple London Esq of the second part and Moses Loyd of c. and Henry Githins of c. of the third part witnesseth That whereas the said Edward Lord Herbert or some in trust for him is or are seized in his or their Demeasn as of Fee of some part of the Lands Tenements and Hereditaments hereafter mentioned and is also seized for term of his life as Tenant by the courtesie of England of the Mannors Messuages Lands Tenements and Hereditaments hereafter specified the Reversion thereof in Fee-simple being descended by and after the decease of the said Mary unto the said Richard Herbert now to the end that the Mannors Lordships Messuages Lands Tenements and other Hereditaments hereafter mentioned and expressed may be established vested and setled unto the said Edward Lord Herbert during his natural life and after his decease upon the said Richard Herbert and upon his name stock and posterity and to such other uses intents and purposes as are hereby appointed it is covenanted promised granted condescended concluded and agreed by and between the said parties to these presents and the said Edward Lord Herbere and Richard Herbert do for themselves their Heirs Executors Administrators and Assigns covenant promise and grant condescend and agree to and with the said John Earl of Bridgewater and Edward Herbert their Heirs Executors Administrators and Assigns and to and with every of them by these presents that they the said Edward Lord Herbert and Richard Herbert shall and will on this side and before the end of Michaelmas Term next ensuing and coming after the date of these presents in due form of Law and at the equal costs and charges in the Law of the said Edward Lord Herbert and Richard Herbert levy and acknowledge to the said Moses Loyd and Humphry Githins and the Heirs of the said Moses one or more Fine or Fines sur conuzance de droit come ceo c. with Proclamations thereupon to be had and made according to the form of the Statutes in that behalf made and provided of all that Capital Messuage or Mannor-house of St. Julians with the Rights Members and Appurtenances thereof and of all and singular the Mannors Lordships Messuages Lands Tenements and Hereditaments whatsoever of them the said Edward
Kingdom of England and the Reversion and Reversions Remainder and Remainders of all and singular the said premises and all Rents and yearly Profits reserved due or payable by or upon any Demise Lease or Grants Demises Leases or Grants made of the said premises or any part thereof and all the estate right title interest claim and demand whatsoever of him the said J. W. of in and to the same premises and every or any part or parcel thereof and also such Deeds Charters c. To have and to hold the said Mannors Messuages Farms Tenements and Rectory and all and singular other the premises before by these presents granted or mentioned meant or intended to be granted with their and every of their appurtenances unto the said A. B. C. D. c. their Heirs and Assigns for ever to the uses intents and purposes hereafter in these presents limited expressed and declared and to none other use intent or purpose that is to say as for touching and concerning the said Mannor Capital Messuage and Farm of Burnet and all Lands Meadows Pastures c. And the said Rectory and Parsonage of Chewion alias Chewton and with the rights members and appurtenances thereof and all and all manner of Tythes of Corn Hay and Wooll and all Obligations Obventions Profits Commodities and Hereditaments whatsoever coming growing yearly renewing or happening in Chewton aforesaid or else-where to the said Rectory or Parsonage belonging or in any wise appertaining and the said Messuage or Tenement c. and the said three Messuages or Tenements c. and all Cellars Sollers Houses c. and the Reversion and Reversions thereof c. and all Rents and Services thereunto belonging or in any wise appertaining to the use and behoof of J. W. and his Assigns for and during the term of the natural life of the said J. W. without impeachment of or for any manner of waste and after the decease of the said J. W. then to the only use and behoof of the said Rachel for and during the term of her natural life for and in the name of her Joynture and in full recompence of her Dower and title of Dower which she the said Rachel shall or may have of or to the Lands Tenements and Hereditaments of the said J. W. and after the decease of the said J. W. and Rachel then to the use and behoof of the Heirs of the body of the said J. W. lawfully begotten or to be begotten and for default of such Issue to the use and behoof of the said A. B. C. D. c. their Heirs or Assigns for ever upon this hope trust and confidence nevertheless in them reposed by the said J. W. that they the said A. B. C. D. c. and the Survivors and Survivor of them and his and their Heirs and Assigns and at all times after the ending of the said Estates of the said J. W. and Rachel his wife of and in the said Mannors and Premises to them above-limited make such Grants and Conveyances of the same and dispose distribute and employ the Rents Issues and Profits thereof to such person and persons and in such manner and form as the said J. W. by his last Will and Testament in writing by him to be subscribed with his own hand and sealed with his Seal in the presence of three or more Witnesses or by any other writing to be by him subscribed and sealed in the presence of so many Witnesses as aforesaid shall nominate declare or appoint and for and in default of such nomination or appointment then that the persons trusted and the Survivors and Survivor of them his and their Heirs and Assigns shall convey and assure the said Mannor and Premises to and on the right Heirs of the said J. W. for ever and as for touching and concerning all other the said Messuages Lands Tenements and Premises residue with the appurtenances whereof no use is before by these presents limited or declared to the use and behoof of the said J. W. and of the Heirs of his body lawfully begotten and to be begotten and for default of such Issue to the use and behoof of the said A. B. C. D. c. their Heirs and Assigns for ever upon the like hope trust and confidence in them reposed that they the said persons trusted and the Survivors and Survivor of them and his and their Heirs and Assigns at all times from and after such time as the said J. W. shall be dead without Heir of his body shall make such Grants and Estates of the said Lands and Premises residue c. or any part or parts thereof and distribute dispose and employ the Rents Issues and Profits thereof to such person and persons and in such manner and form as the said J. W. by his last Will and Testament in writing to be by him subscribed with his own hand and sealed in the presence of three or more witnesses or by any other writing to be by him subscribed and sealed in the presence of so many Witnesses as aforesaid shall nominate declare limit and appoint and for and in default of such nomination or appointment then that the said person or persons trusted and the Survivors or Survivor of them his and their Heirs and Assigns shall convey and assure the same Lands and Premises residue with the appurtenances to and upon the right Heirs of the said J. W. for ever Provided always and it is fully and plainly convenanted concluded and agreed by and between the said Parties to these presents for them their Heirs and Assigns that it shall be lawful to and for the said John W. and that the said J. W. shall have full power and authority from time to time and at all times hereafter at will and pleasure by his Deed or Deeds in writing to demise grant and to farm-let all or any the said Mannor Messuages Lands Tenements and Hereditaments and every or any part or parts thereof as well in possession as in reversion or in possession or in reversion unto any person or persons for one two or three lives or for any number of years whatsoever by and under such Rents Reservations Covenants Conditions Limitations and Agreements as to him shall seem meet or without any Rent Reservation or Condition at his will and pleasure at that when and as often as any such Demise Grant or Lease shall be so made by the said J. W. of the premises or any part or parts thereof the said parties trusted and every of them and the Survivors and Survivor of them and every of them and his and their Heirs and Assigns shall stand and be seized of such part parts and parcels of the said Mannor Messuages Farms Tenements Rectory and Premises as shall be so demised leased or granted immediately from and after every such Demise Lease or Grant made to the use and behoof of every such person and persons to whom any such Lease Demise or Grant shall be so made and
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
said W. F. his heirs and assigns into the said premisses to re-enter and the same to have again as in and by the said recited Indenture c. appeareth And whereas the said W. F did not pay nor cause the said Sum of 50 l. to be paid neither is the same yet paid unto the said T. F. according to the Proviso or Condition in the said recited Indenture of Lease mentioned by reason whereof all the said Messuage and Premisses became absolutely forfeited unto the said T. F. for all the said term of 500 years in the said recited Indenture mentioned Now these presents witness That the said R. F. being Son and Heir of the said W.F. deceased for and in consideration of the Sum of 28 l. more of currant money of E. to him in hand paid c. and for other good causes and considerations him moving hath and hereby doth absolutely grant ratifie and confirm the aforesaid Lease and all the Estate and term for years therein and thereby demised and granted or mentioned to be demised and granted And also doth hereby fully and absolutely release the said Condition and assure all and every Condition and Conditions whatsoever in the said recited Indenture of Lease contained And also the said R.F. for the consideration aforesaid doth hereby grant demise confirm and unto the said T.F. his Executors Administrators and Assigns the aforesaid Messuages or Tenement Cottage Closes Lands and all other the premisses for all the foresaid term and number of 500 years by the said recited Indenture of Lease demised or thereby mentioned to be demised and doth also hereby grant and release unto the said T. F. his Executors and Assigns the aforesaid yearly Rent of 1 l. by the said recited Indenture reserved and all the arrerages thereof To have and to hold all the said Messuage or Tenement Cottages Closes Lands and all other the premisses with their and every of their appurtenances in the said recited Indenture mentioned and the said yearly rent unto the said T.F. his Executors Administrators and Assigns for and during all the rest and residue of the said term and number of 500 years in the said recited Indenture of Lease mentioned and now to come and unexpired freely and absolutely without any Proviso or Condition whatsoever Cum Covenantis proprecata fruitione ab Incumbram ulterior Assurand In witnesse whereof c. An Indenture upon Marriage and for setling Lands to uses and a Declaration of a Fine lovied to those uses THis Indenture made c. between J. S. Esq second Son of the Right Honourable H E. of W. on the one part and A. Lady D. of c. and Sir T. W. of c. on the other part Whereas the said E. and A. his wife Recital of being seized in the County of W. are now seized for the term of their lives and for the life of the longer liver of them of and in all that the Mannor of G. and the Lands Tenements and Hereditaments called C. P. and of the Burrough of C. and of the Advowson and free gift of the Parsonage of the Church of C. with all and singular the rights members and appurtenances thereof in the C. of D. and of divers Messuages Lands Tenements Rents Woods Wood grounds and hereditaments to the said Mannor and premisses belonging or appertaining without Impeachment of wast the Reversion or Remainder thereof to the said J. S. and the heirs of the body of the said J. S. lawfully to be begotten And for want of such Issue the Remainder to the right heirs of the body of the said E. and C. And for want of Heirs issuing of the body of the said E. and C. the Remainder then to the right and next heirs of the said C. for ever Recital of the Marriage And whereas there is a Mareiage by Gods Grace intended shortly to be had and solemnized between E. Lord H. Son and heir apparent of the said E. and C. and E.D. sole Daughter of the said A. Lady D. they the said E. and C. and the said J. S. for settling of the Inheritance of the said M. and premisses to the uses hereafter expressed and declared have this present time of the holy Trinity in the year above-said acknowledged and levied one Fine in due form of Law before his Majesties Justices of his Court of Common-Pleas at Westminster Recital of the Fine unto the said A. Lady D. and Sir T.W. and to the heirs of the said A. Lady D. amongst other Mannors Lands Tenements and Hereditaments in the said Fine contained of and for all that the said Mannor of C with the appurtenances And of all Lands Tenements Meadows Pastures Feedings Commons Woods Wood-grounds Wasts Moors Heaths Liberties Franchises Jurisdictions Advowsons Presentations Emoluments and Hereditaments whatsoever to the said Mannor and premisses or any part or parcel thereof belonging or appertaining or accepted reputed taken known or demised letten used occupied or enjoyed as part parcel or member thereof or any part thereof And whereas the said E. and C. by Indenture tripartite under their Hands and Seals dared with these presents have expressed and declared that the said Fine so levied of and for the said Mannor of C. and premisses herein contained should be and enure to the use and behoof of them the said E and C. for and during the term of their two lives and the life of the longer liver of them without Impeachment of or for any manner of wast and from and after their decease and of the Survivor of them the remainder thereof to the use of the said E. Lord H. during the term of his natural life and from and after hiâ— decease the Remainder thereof to the Heirs males of the body of the said E. Lord H. to be begotten on the body of the said E. the remainder thereof to the right heirs of the said C. as by the said Fine and recited Indenture purporting and declaring the use aforesaid it doth and may appear Now this Indenture witnesseth Intention of Parties and it is hereby covenanted concluded declared and agreed by and between all the parties to these presents and the true intent and meaning of the said J S. and of all the parties to these presents and to the said Fine at the time of levying thereof for and concerning the said Mannor of C. with the rights members and appurtenances thereof was and now is that the said Fine should be and enure and hereby and by all the parties to these presents is declared and expressed to be and enure and the Cognizees of the said Fine and their heirs shall stand and be seized of the said Mannor of C. with the rights members and appurtenances thereof To the uses intents and purposes hereafter expressed limited and declared that is to say The Uses To the use and behoof of them the said E. and C. for and during their two lives and the life of the longer liver of them
limit ordain or appoint And from and after the end expiration surrender or other determination of the said term or terms of _____ years as they shall severally end and determine then to the use and behoof of such person and persons and for such estate and estates and for such part and parcel as the said T. Lord W. shall by his last Will in writing in presence of two credible witnesses or more appoint limit or declare Provided alwayes and the true intent and meaning of the said T. Lord W. and of all the parties to the said Recovery and Fine and of the parties to these presents and every of them before and at the several and respective times of the suffering of the said Recovery and the acknowledging and levying of the said Fine was and yet is and is hereby so expressed published and declared that notwithstanding any thing herein before contained it shall and may be lawful to and for the said T. Lord W. from time to time Power to make Leases and at all times for and during his natural life at his will and pleasure either by act or acts in writing under his hand and seal to be sealed and signed before two or more witnesses of credit and executed in his life-time or by his last Will and Testament in writing by him to be sealed subscribed and published before two or more such witnesses to give grant or make any lease or leases for life lives or years of all or any of the said Mannors Lands Tenements Hereditaments and Premisses or any of them other than during the life of the said Lady K. of the said chief Mansion-house called H. house and so much of the Demesnes Lands Tenements and premisses next adjoyning to the said Chief Mansion-house as shall amount to the clear yearly value of one hundred fifty pounds over and above all charges and Reprizes Or to charge the premisses to secure moneys to be hereafter borrowed Upon which lease or leases the accustomed or greatest yearly Rent or value heretofore paid for the said premisses or more shall be reserved or to charge the same premisses or any parcel thereof except before excepted and for the time aforesaid with any Rent or Rents Annuity or Annuities Recognizance or Recognizances in the nature of the Statute-Staple or Merchant or by or with any other Recognizance or Recognizances Judgment or Judgements of what nature soever for the assurance of payment of any Sum or Sums of money which he the said T. Lord W. either hath taken up or borrowed or shall hereafter receive take borrow or contract for of or with any person or persons for or to his use or otherwise or for the securing of any person or persons who now is or are or stand or that at any time hereafter shall stand or become bound for him the said T. Lord W. or otherwise at his free-will and pleasure and that the said Recovery Fine and Fines and other Acts and Assurances shall be and enure and the said Recoverors and parties to the foresaid Recovery and the Cognizees and parties to the said Fine and the parties takers thereby and their heirs and all and every other person or persons who now are or stand or hereafter shall be or stand seized of the said Mannors Lands Tenements Hereditaments and premisses by force or under the said Recovery and Fine or either of them and his anâ— hâ—r heirs shall stand and be seized of all or so much of the said Mannors Lands Tenements Hereditaments and premisses and every parcel thereof with the Appurtenances which is or shall be so given granted leased charged or disposed of from and after such gift grant lease charge disposition or other Act or Acts to such uses intents and purposes and to the use of such person and persons to whom such gift grant lease charge disposition or other Act or Acts hath been or shall be made as aforesaid and to the use intent and purpose that the party and parties to whom any Rent or Rents Annuity or Annuities Recognizance or Recognizances Statutes Judgements or other charges already granted or hereafter to be granted made or charged of upon or out of the said Mannors Lands Tenements Hereditaments and premisses or any parcel thereof by the said T. Lord W. shall and may duly have levy perceive take and enjoy the fruit benefit and effect of the same lease and leases Rent and Rents and other charge and charges according to the purport intent and true meaning of the said grant and grants lease and leases Recognizance and Recognizances Judgment and Judgments charge and charges and every or any of them any thing in these presents before contained to the contrary thereof notwithstanding Provided and it is further hereby Covenanted To make void the said uses granted condescended agreed published and declared by and between all and every of the foresaid parties That the true intent and meaning as well of the foresaid Recovery as of the said Fine and of all and every of the respective parties to the same and to these presents alwayes was and is that it should and might and shall and may be lawful to and for the said T. Lord W. from time to time at any time or times during his life by his writing or writings by him to be signed or sealed in the presence of three witnesses of Credit or more or to be inrolled in any of the Courts of Record of our Soveraign Lord the Kings Majesty his Heirs or Successors to signifie or declare that his Will and Pleasure is That all or any of the use or uses estate or estates in Possession Reversion or Remainder limited appointed raised created or implyed in or by these presents shall cease determine be void or revoked of for touching or concerning all or any of the said Mannors Messuages Lands Tenements Hereditaments and premisses or any of them or concerning any part or parcel of them or any of them And that then and from thenceforth all and every of the said use and uses estate and estates in possession Reversion or Remainder so signified and declared to cease determine be void or revoked shall then and from thenceforth cease determine and be utterly void and revoked according to the true intent and meaning of the said T. Lord W. so as aforesaid to be signified and declared other than such lease or leases estate or estates or charges which he the said Lord W. hath or shall make â—ay or charge of or upon any of the premisses for satisfying debts or for valuable Consideration in money or otherwise by force of the foresaid Proviso in these presents before expressed And also that then and from thenceforth at all time and times after such signification or significations declaration or declarations so to be made it shall and may be lawful to and for the said T. Lord W. at any time or times during his life To create nâ—w uses so oft as he shall think
foresaid Obligation and of and from all and all manner of Costs Charges Suits and Damages whatsoever of for and concerning the said Obligation That then c. An Assignment of several Leases of divers Messuages and Lands with several recitals and good Covenants Well penn'd THis Indenture made c. Between J.S. of c. and J. G. of c. on the one part and R. G. of c. on the other part Whereas J. S. of c. G. P. of c. Executors of the last Will and Testament of M. S. Gent. deceased and the said J. G. by Indenture bearing date the 26. day of S. in the c. of his said Majesties Reign that now is over England c. made between the said J. S. and G. P. and J. G. on the one part and E. S. on the other part by the name of E. S. of c. Did grant assign and set over to the said E. S. and her Assigns as well an Indenture of Demise therein recited dated the day of c. made from R. E. late of c. unto J. G. late of B. in c. and I. his wise Father and Mother of the said I. G. party to these presents of all that Messuage or Tenement and half yard-Land with the Appurtenances then or late in the Tenure or Occupation of one E. A. or his Assigns in S. sometimes W. W. scituate and being of H. W. and P. and every or either of them in the said County of S. and of all Houses Buildings Barns Stables Orchards Gardens Back-sides and grounds with the Appurtenances whatsoever to or with the said Messuage or Tenement and premisses belonging with all and every other the Lands Tentments Feedings Hereditaments and Profits whatsoever to the said Messuage or Tenement belonging or reputed as parcel or member of the same or any of them except therein excepted for the Term of 3000. years from the Feast of the c. then last past at the yearly Rent of 7. shillings of c. as also all the estate title interest term of years thereby granted then to come and unexpired possession claim and demand whatsoever of the said I.S. G.P. and I. G. of and to the same and every part thereof on Condition therein contained to this effect That if the said I. G. his Executors Administrators or Assigns did well and truly pay to the said E.S. her Executors or Assigns the Summe of c. of lawful English money upon the last day of M. then next ensuing That then from thenceforth the said Grant and Assignment and every thing therein contained to be utterly void and of none effect as by the said Indenture more fully appeareth Which said Sum of c. was not satisfied or paid to the said E. S. neither on the day in the Condition of the said Assignment mentioned nor since by reason whereof the premisses became absolutely forfeited to the said E.S. And whereas also the said I.G. by his Indenture of Assignment dated the c. of his Majesties Reign that now is did bargain assign and set over to the said E.S. and her Assigns as well one other Indenture of Lease dated the 21 day of M. in the one and fortieth year of the said late Queen Elizabeth her Reign also made from the said R. E. to the said I. G. Father of the said I. G. party to these presents and his Assigns of all that his c. setting the particulars down here at large as they were mentioned before within the Parishes of H. P. or W. within the said Counties of S. or some or one of them with all Woods Under-woods Profits Commodities and Advantages to the said Messuage or Tenement and half yard-yard-land belonging for the term of 3000. years from the Feast of c. then next ensuing at the yearly Rent of c. as also all the estate right title interest possession Reversion Term of years claim and demand whatsoever of the said I. G. to the said c. and other the premisses with the appurtenances by the same Indenture of Lease Demised by vertue of the same Indenture or otherwise as by the same Indenture c. appeareth And whereas the said E. S. by her Indenture dated c. did Covenant with the said I. G. and his Assigns That if the said I. G. or his assigns did well and truly pay to the said E.S. or her assigns the Summe of 325. pound at the dwelling house of A. C. Scrivener scituate in B. London at one entire payment on the fifteenth day of October which then shall be in the year of our Lord God 1630. That then she the said E.S. and her Assigns should upon request of the said I. G. re-assign and convey unto him the said two several recited Indentures of Leases and all her estate and interest claim and demand in and to the said several Messuages Lands and Premisses demised by the said several Indenture of Leases as by the said last recited Indenture more at large appeareth And whereas the said I. G. by his Release dated c. did in Consideration of a Competent Summe of Money Release all his Right Title and Interest of and in the said Messuage Lands and Premisses to the said E. S. and her Assigns as by the said Release appeareth And whereas the said E. S. by her Indenture of Assignment dated c. did for the Consideration therein mentioned assign and set over all her estate right title and interest of in and to both the said recited Indentures of Lease as also in and to the said Messuages Lands and Premisses to the said I. S. her Father party to these presents To hold to him and his assigns during all the residue of the said Term of years in the said several recited Indentures of Lease then to come and unexpired as by the said last recited Indentute of Assignment more fully appeareth Now this Indenture witnesseth That the said I. S. and I. G. for and in Consideration of the Summe of c. in hand paid or secured by the said R. G. unto the said I. S. as also for and in Consideration of the Summe of c. at the ensealing and delivery of these presents in hand paid or secured by the said R. G. unto the said I.G. the said several receipts of which said several Sums of money they the said J. S. and J G. do hereby severally and respectively acknowledge and thereof and of every part thereof do severally and respectively acquit and discharge the said R. G. his c. and for other good c. Have demised granted set and to Farm-let released and confirmed and by these presents do c. unto the said R. G. his c. all and every the said Messuages Lands Tenements Hereditaments and Premisses with their and every of their Rights Members and Appurtenances in the said former recited Indenture of Lease or Assignments mentioned To have and to hold all and every the said Messuages or Tenements Lands and all
and appertain being now in his minority should have made and granted a Lease in exchange unto the said T. C. of all the said Lands and Premisses to him the said T. Demised as aforesaid by the said W. L. and A. his Wife for the term of eighty nine years and for the yearly Rent of c. And that likewise in recompence satisfaction and exchange thereof the said T. C. should have granted in exchange unto the said I. B. a like Lease of the like term for eighty nine years and for the yearly Rent of 1 d. of the said lands and premisses Demised and granted to the said W. L. and A. his wife in exchange as aforesaid And for that neither of the same Leases can be now perfectly made and finished Therefore it is now further covenanted concluded and fully agreed upon by and between all the said parties to these presents in form following viz. And the said W. L. doth by these presents covenant c. That he the said W.L. shall do his best endeavour that he may or can to procure and get the said J. B. by his Deed indented to make That an Infant shall seal a Lease at his full age of 21 years seal and deliver as his Deed to the said T. C. his Heirs or Assigns within three moneths next after that he the said I. B. shall accomplish his full age of Twenty one years a sufficient Demise Lease and Grant in exchange of all and every the said Lands Layes Meadows Pastures Hereditaments and Premisses with their Appurtenances to him the said T. C. as aforesaid Demised for the term of Eighty nine years and for the yearly Rent of 1 d. and with and under such like and the same Covenants Clauses and Agreements as before in these presents are limited expressed and set down on the part and behalf of the said W.L. to be performed and done And in consideration thereof the said T. C. doth covenant c. That if the said I. B. or his heirs do or shall make seal and deliver as his Deed unto the said T. C. his heirs or assigns the said Demise Lease and grant in manner and form as is aforesaid by the said I. B. to be signed sealed and delivered to the use of the said T.C. his heirs or assigns in the presence of Three credible persons whose names shall be subscribed or endorsed upon the same that then he the said T. C. or his heirs at and upon the receiving of the said Lease and Grant shall and will being thereunto required make seal and deliver in exchange unto the said I.B. or his assigns alike Lease of all and every the premisses to the said W. L. and A. his wife granted as aforesaid for such like term number of years and with and under such Rent and Covenants as shall be contained and specified in the said Lease so to be made by the said I.B. to the said T. C. as aforesaid In witnesse c. A Bargain and Sale of Lands mortgaged made from the mortgagee and mortgagor before the day for redemption to another THis Indenture made c. between H.B. R. H. of c. and M. C. of c. of the one party and R. S. of c. of the other party witnesseth That whereas Francis Beamont of the Parish of St. Martins in the Fields in the County of c. by his Deed indented bearing date c. for the considerations therein mentioned and expressed hath betaken granted and to farm-letten unto the said M. C. all that the Scite and Capital Messuage or Mannor house of Hardwitch with the rights members and appurtenances whatsoever scituate lying and being within the Lordship of Chertsey in the County of Berks c. and all c. the words verbatim in the Original with the Habendum and Reddendum recited as by the same Indenture amongst divers Covenants Clauses and Agreements therein contained more at large it doth and may appear And whereas also the said M. C. by her Indenture of Assignment bearing date c. For the Consideration therein mentioned and expressed Hath granted bargained sold aliened and set over unto the said H. B. and R. H. as well the said recited or mentioned Indenture to her the said M. C. granted as aforesaid and the said scite and capital messuage of the said Mannor of H. Lands Meadows Feeding Pastures Demeasn lands stock and all and singular other the premisses thereby mentioned to be demised and granted and every part and parcel thereof with the appurtenances as also all the estate right title interest term of years then to come and unexpired reversion possession property claim and demand whatsoever which she the said M. C. hath or had or may might should or ought to have or can or may claim challenge or demand of in or to the said scite and capital Messuages Meadows Feedings Pastures Demeasn lands stock and all and singular other the premisses with the appurtenances and of in and to every part and parcel thereof by force and vertue of the same Indenture to her the said M. C. made and granted as aforesaid or any thing therein contained or otherwise howsoever To have and to hold the said Scite and capital Messuage c. ut in Indent de Mortgage unto the said H. B. and R. H. their Executors Administrators and Assigns to the only proper use and behoof of them the said H. B. and R. H. their Executors Administrators and Assigns from the ensealing and delivery of the same Indenture of Assignment for during and until the end and accomplishment of all the rest and residue then to come and unexpired of the said term of Twenty one years by the said first recited Indenture to her the said M. C. granted as aforesaid together with the same Indenture In which said Indenture of Assignment there is a certain Proviso or Condition contained in these words or to this effect following That is to say Provided alwayes That if the said M. C. her Heirs Executors Administrators or Assigns or any of them do well and truly content and pay or cause c. verbatim as in the Assignment as by the same Indenture of Assignment amongst divers other covenants grants articles clauses and agreements therein contained more at large also it doth and may appear Now this Indenture further witnesseth That for and in consideration of the Sum of 650 l. of good c. to her the said M. C. in hand at and before the ensealing and delivery of these presents by the said R. S. well and truly paid whereof and wherewith she the said M. C. and the said H. B. and R. H. acknowledge themselves fully satisfied and paid and thereof c. they the said H. B. and R. H. have bargained sold assigned and set over and by these presents do c. unto the said R. S. the said first recited Indenture and all the said Scite and capital Messuage of the said Mannor of H. Lands Meadows
or mentioned which on the part and behalf of the said M. C. her Executors and Assigns from henceforth for or in respect of the premisses are or ought to be paid done and performed and the covenants clauses and agreements in the said recited Indenture of Assignment expressed and contained which on the part and behalf of the said H.B. and R.H. their Executors Administrators and Assigns or either or any of them are or ought to be observed performed fulfilled and kept onely except and foreprized The like for R.H. And the said R.S. doth covenant c. to and with the said H.B. R. their executors administrators and assigns and every of them For discharging the rent to the King of England at all times hereafter and from time to time clearly to acquit exonerate and discharge or otherwise sufficiently to save and keep harmless the said H. B. and R. H. their executors administrators and assigns and every of them as well against the King his heirs and successors as against all and every other person and persons whatsoever of for and concerning the said rent covenants causes and agreements before mentioned and excepted and of and from all manner of sutes charges troubles incumbrances and demands whatsoever which for or by reason thereof at any time or times hereafter can oâ— may come grow or be to or against the said H. B. and R H. their Executors Administrators or Assignes or any of them A Covenant for quiet enjoying discharged of incumbrances from M. C. as from H. B. Another Covenant from R. S. to M. C. for discharging the Rent to the King as is last before to H. B. and R. H. And lastly the said M. C. doth covenant c. For further assurance c. to and with the said R. S. c. that she the said M. C. her Executors and administrators shall and will at all time and times hereafter for and during the space of two years next ensuing the date hereof at the reasonable request and at the costs and charges in the law of the said R. S. his Executors or Assigns do make and execute or cause to be done made and executed all and every such further lawful and reasonable acts things and devices in the law whatsoever for the discharge of any covenant clause or agreement in the said recited Indenture of assignment mentioned and contained wherewith the said R. S. his Executors or Administrators as assignee or assigns of or to the said H. B. and R. H. or either of them can or may be charged or chargeable and for the extinguishing of the said proviso or condition in the said Indenture of Assignment contained and of all such estate and interest as she the said M.C. her Executors or Administrators now hath or shall can or may by any means have claim or pretend to have in or to the premisses or any parcel thereof And for the further better and more perfect assurance surety sure making and conveying of the said Scite and capital Messuage and other the premisses and of every part and parcel thereof unto the said R. S. his Executors and Assigns for and during all the rest and residue of the said term of twenty one years which at the time of the making of any such further assurance or doing any such act shall be to come and unexpired as by the said R.S. his Executors or Assigns or his or their councel learned shall be reasonably devised advised or required A Bargain and Sale upon Condition made to Feoffees in trust THis Indenture tripartite made c. between Sir H. H. c. of the first part R.L. and G.L. of the second party and E.T. and G.B. of the third party witnesseth That the said Sir H.H. R. L. and G. L. for the considerations herein after mentioned have granted enfeoffed and confirmed and by these presents do fully clearly and absolutely grant enfeoffe confirm and deliver unto the said E.T. and G.B. all that the Mannor or Lordship of E. in the County of L. with all and singular the rights members and appurtenances of the same And also all and singular the Messuages Coâ—tages Lands Tenements Meadows Pastures Feedings Rents Reversions Services Heaths Moors Commons Closes Woods Under-woods Wasts Waifes Straies Escheats Wards Courts Leets Perquisites of Courts Royalties Profits and Hereditaments with the appurtenances to the same Mannor or Lordship belonging or in any wise appertaining or which now be or at any time heretofore within the space of Thirty years now last past have been used reputed accepted known occupied let or set as part parcel right or member of the said Mannor or Lordship and also all and singular other the Mannors Messuages Lands Tenements Rents Reversions Services and Hereditaments scituate lying and being in E. and E. in the County of L. or in either of them which at any time heretofore were the possession or inheritance of Sir J. H. deceased Father of the said Sir H. And also all that the Advowson and Patronage of the Parish Church of E. aforesaid and all and singular the Rents and yearly Profits whatsoever reserved upon any Demise or Grant heretofore made or granted of the premisses or of any part or parcel thereof and the Reversion and Reversions whatsoever of all and singular the same premisses and of every parcel thereof And also the said H.H. R.L. and G. L. for the considerations herein after mentioned have granted assigned and confirmed and by these presents do c. unto the said E.T. and G.B. all the estate right title interest use and possession whatsoever which they the said Sir H.R. and G. and every or any of them have or hath or may might should or of right ought to have or claim of in or to the said Mannor or Lordship and all other the premisses herein before mentioned to be granted enfeoffed assigned or confirmed and of in and to every part and parcel thereof with the appurtenances together with all and all manner of Deeds Evidences Charters Writings Escripts and minuments which they and every or any of them have or hath touching or concerning only the premisses or onely any part or parcel thereof To have and to hold the said Mannor or Lordship of E. Mannors Messuages Lands Tenements Rents Reversions Services Hereditaments and all singular other the premisses herein before mentioned to be hereby granted or conveyed and every parcel thereof with the appurtenances unto the said E.T. and G. B. and their heirs to the only uses intents provisoes conditions and limitations hereafter specified and declared and to none other use intent or purpose that is to say to the only use and behoof of the said R L. and G.L. and of their Heirs and Assigns for ever with and upon the condition hereafter specified and declared that is to say Provided alwayes That if the said Sir H. H. c. do well and truly satisfie content and pay or cause to be contented satisfied or paid unto the said R. L.
c. made between the said Sir H.H. of the one party and the said R.L. and G.L. of the other party for and in respect only of the estates and interests in and by the same Indenture excepted And lastly The said R.L. and G. L. do by these presents further covenant c. to and with the said Sir H. H. c. To deliver up a Statute upon payment of the Money mentioned in the Proviso That in case the said Sir H. his Heirs Executors Administrators or Assigns or any of them do well and truly pay or cause to be paid unto the said R. L. and G. L. or one of them or to the Heirs Executors Administrators or Assigns of them or of one of them the said Sum of 4800 l. of c. on the second day of J. c. at or c. according to the purport intent and true meaning of the said Proviso or Condition without fraud or coven that then they the said R.L. and G. L. or one of them their or either of their Heirs Executors Administrators or Assigns or some or one of them shall and will within convenient time after the said payment so had and made deliver or cause to be delivered to the said Sir H.H. his Executors Administrators or Assigns at or c. one writing obligatory or Recognizance in the nature of a Statute-Staple bearing date c. taken sealed and acknowledged before c. wherein the said Sir H. H. is and standeth bound unto the said R. L. in the Summe of c. to be cancelled and made void And further The said H. H. R. L. and G. L. have made ordained constituted and in their stead and place by these-presents have put and authorized A. B. c. A Letter of Atturney to deliver possession their true and lawful Atturnies joyntly and severally for them and in their names to enter into the said Mannor or Lordship and other the premisses and into every or any part thereof in the name of the whole and possession and seisin thereof or of any part or parcel thereof in the name of the whole in their names and to their use to take and after such possession and seisin thereof and of every part and parcel thereof so had and taken to deliver full and peaceable possession and seisin thereof to the said R. T. and G. B. or to their Atturney in that behalf appointed To have and to hold to the said R. T. and G. B. according to the limitations uses provisoes and conditions before herein expressed and according to the tenour purport effect and true meaning of this present Indenture Tripartite holding firm and stable all and what soever their said Atturneys or either of them shall do or cause to be done in or about the Premisses by these presents Forster In witnesse c. Memorandum That the fourth day of M. in the c. peaceable and quiet possession and seisin of the Mannors Messuages Lands Delivery of possession Tenements and Hereditaments in E. and F. within specified was taken had and delivered by the Atturnies within named to the within E.T. and G.B. according to the tenour and true meaning of this present Indenture to the uses provisoes conditions and limitations mentioned in the same Indenture in the presence of those whose names be subscribed Memorandum likewise That the day and year abovesaid A. B. C. D. E. F. c. did agree to this present grant within written Attornment and did severally Atturn Tenants to the said E.T. and G. B. according to this present grant in the presence of those whose names are subscribed Forster and in witnesse thereof the said A. B. C.D. E.F. c. have hereunto set their hands An Indenture of Bargain and Sale absolute THis Indenture made c. between Sir R. M. of c. of the one party and R.H. and G. H. c. of the other party Witnesseth That the said Sir R. M. for and in consideration of the Sum of 600 l. c. to him in hand at and before the ensealing and delivery of these presents by the said R. L. and G. L. well and truly paid whereof and wherewith he acknowledgeth himself fully satisfied and paid and thereof and of every part and parcel thereof doth clearly acquit exonerate and discharge the said R. L. and G. L. their and either of their Heirs Executors and Administrators Forster concilium and every of them for ever by these presents hath given granted bargained sold and confirmed and by these presents doth fully clearly and absolutely give grant bargain sell and confirm unto the said R. L. and G.L. their heirs and assigns for ever all that the Mannor and Lordship of C. in the County of c. with all and singular the Rights Members Liberties Priviledges Royalties and Appurtenances thereof whatsoever and all that the Rectory and Parsonage of C. aforesaid with all Gleab-lands Tithes of Corn Grain and Hay Oblations Obvention Fruits Profits and Commodities whatsoever of what nature kind or quality soever they be or by whatsoever name or names they are called or known to the said Rectory and Parsonage incident belonging or appertaining or reputed or known to be part parcel or member thereof or to or with the same now or at any time hereofore usually occupied or enjoyed coming growing renewing and encreasing within C. and S. in the County of c. and the advowson gift free disposition right of Patronage of the Vicaridge and Church of C. aforesaid with the appurtenances in the said County of c. And also all and singular messuages mills houses edifices buildings barns stables dove-houses yards orchards gardens lands tenements meadows feedings pastures leasows commons wast-grounds heaths furzes mores marshes woods under-woods wayes waters fishings fishing-places streams rivers banks ponds rents reversions services courts leets view of frank-pledge perquisits and profits of courts and leets and all that to courts leets and view of frank-pledge doth belong or appertain goods and chartels wayved and estrayed goods and chattels of Felons and Fugitives Felons of themselves and of persons out-lawed sees wards marriages escheats reliefs heriots fines amerciaments liberties priviledges and all other profits commodities advantages emoluments and hereditaments whatsoever to the said Mannor and Lordship Rectory and other the premisses herein before mentioned meant or intended to be hereby given granted bargained and sold and to every or any of them by any means belonging or appertaining or with the same or any of them as part parcel or member thereof now or at any time heretofore demised let used occupied reputed or enjoyed with all and singular their appurtenances and also all and singular Messuages Lands Tenements Rents Reversions Services and Hereditaments whatsoever of him the said R. M. in C. and S. aforesaid and in H. and S. in the said County of c. and in every or any of them and also all and singular Rents and yearly profits whatsoever
reserved upon any demise lease or grant demises leases or grants heretofore made or granted of the premisses or of any part or parcel thereof and the Reversion and Reversions Remainder and Remainders of all and singular the premisses and of every part parcel thereof and also the said R.M. for the consideration aforesaid hath granted bargained and sold and by these presents doth fully and clearly grant bargain and sell unto the said R. L. and G. L. their heirs and assigns for ever all the estate right title interest use possession reversion property condition claim and demand whatsoever which he the said R. M. hath or had or shall should may might or of right ought to have or claim of in or to the said Mannor and Lordship of C. Rectory Advowson Messuages Lands Tenements Hereditaments and all and singular other the premisses with the appurtenances before in and by these presents granted bargained and sold or of in or to any part or parcel thereof Habendum To have and to hold all the said Mannor and Lordship Rectory Advowson Messuage Lands Tenements Meadows Feedings Pastures Commons Rents Reversions Services Hereditaments and all and singular other the premisses herein before mentioned meant or intended to be hereby given granted bargained and sold and every part and parcel thereof with all and singular the Rights Members and Appurtenances unto the said R. L. and G.L. their heirs and assigns to the onely proper use and behoof of them the said R. L. and G. L. and of their heirs and assigns for ever And the said R.M. and his heirs the said Mannor c. ut in al. Warranty Warran c. In cujus rei c. An Indenture of Covenants to the former Indenture Whereupon a Recovery is passed THis Indenture made the c. between Sir R. M. of c. of the one party and R. L. c. and G. L. of the other party Whereas the said R. M. by an Indenture of Bargain and Sale bearing the date hereof and sealed and delivered with these presents for the Causes in the same Indenture mentioned and expressed doth give grant bargain sell and confirm unto the said R. L. and G. L. their heirs and assigns for ever all that the Mannor and Lordship of C. c. and divers other Lands and Tenements as by the same Indenture of Bargain and Sale amongst other Covenants grants and agreements therein mentioned more at laâ—ge it doth and may appear Now this Indenture witneâ—◠〈◊〉 That the said R.M. for the consideration in the said Indenâ—â—â—◠〈◊〉 Bargain and Sale mentioned hath bargained and sold and by these presents doth bargain and sell unto the said R. L. and G. L. their heirs and assigns for ever All and all manner of Deeds Evidences Charters Writings Escripts For delivery of Evidences Court-Rolls Books of Survey Books of Accompt Rentals Counterparts of Leases Terrors Boundaries and Minuments whatsoever any way touching or concerning the said Mannor and Lordship rectory advowson messuages lands tenements and other the Premisses with the appurtenances or any part or parcel thereof All which said deeds evidences writings escripts Court-Rolls books of Survey books of accompt Rentals Counterparts of Leases Terrors Boundaries and Minuments before mentioned Forster or so many of them as now be in the hands custody or possession of the said R.M. or of any other person or persons to his use or by his delivery or which he knowing where they are may lawfully get or come by without sute in the law together with true Copies of all Deeds Evidences Writings and Minuments as do touch or concern the premisses or any part or parcel thereof joyntly with any other lands or tenements the same Copies to be written and copied out at the costs and charges of the said R. L. and G L. their heirs and assigns And the said R.M. for himself his Heirs Executors and Administrators doth covenant c. to and with the said R. L. and G. L. their and either of their heirs and assigns and every of them by these presents to deliver or cause to be delivered unto the said R. L. and G. L. their heirs and assigns or to some of them For being seized on this side and before the Feast of c. whole safe uncancelled and undefaced And the said R. M. doth covenant c. in manner and form following viz. That he the said R. M. at the time of the ensealing and delivery of these presents is and standeth and so until a good and lawful estate shall be vested and executed in the said R. L. and G.L. and their heirs according to the intents and true meaning of these presents shall be and stand and be the very true sole lawfull and perfect owner and rightfully and absolutely seized of the said Mannor and Lordship and of all and singular other the Premisses with the appurtenances in the said Indenture mentioned meant or intended to be thereby given granted bargained and sold in his Demeasn as of Fee-simple or Fee-tail general to his own proper use and behoof without any manner of condition or limitation of any use or uses to alter change or determine the same And that there is not nor before the execution or vesting of the said estate No Reversion in the King there shall be any Reversion or Remainder thereof or of any part or parcel thereof c. or in any other person or persons And also that he the said R. M. now hath and untill he executing and vesting of the said estate shall have full power lawful and rightful authority to convey and assure the saiâ— Mannor and Lordship Rectory Advowson Messuages Lands Tenements Hereditaments and all and singular other the above mentioned bargained Premisses with the appurtenances unto the said R.L. and G. L. their heirs and assigns for ever in form aforesaid And the said R. M. doth covenant c That the said Mannor and Lordship Rectory Advowson Messuages Lands Discharge of incumbrances Tenements and all and singular other the Premisses before by the said Indenture given granted bargained and sold or meant mentioned or intended to be thereby given granted bargained and sold and every part and parcel thereof with the appurtenances at the ensealing and delivery of these presents are and be and so at all times hereafter for ever shall be remain and continue unto the said R.L. and G. L. their heirs and assigns free and clearly acquitted exonerated and discharged or otherwise well and sufficiently saved and kept harmlesse of and from all and all manner of bargains sales gifts grants leases joyntures dowers annuities statutes-merchant and of the staple recognizances uses wills intails fines for alienation without licence post fines rents charge-rents seck arrerages of rents amerciaments intrusions primer-seisins condemnations judgements extents executions claims duties debts of Record debts to the c. and of and from all other charges estates titles troubles incumbrances and demands whatsoever had made
this effect following viz. In consideration whereof the said R. L. and G. L. for themselves their Heirs Executors and Assigns and every of them do covenant and grant to and with c. by the se presents That if neither the said H.H. his heirs or assigns nor any of them do pay the said Sum of 4000 l. c. to the said R. L. and G. L. their Heirs Executors Administrators and Assigns nor to any of them according to the intent and true meaning of the said proviso or condition before herein mentioned that then they the said R. L. and G. L. their Executors Administrators or Assigns or some of them shall and will well and truly pay or cause to be paid unto the said H. H. his Executors Administrators or Assigns or some of them at the said c. the Summe of 1000 l. c. at or upon the second day of c. as the residue and in full satisfaction of the clear and absolute purchase of the said Mannor or Lordship Lands Tenements and other the premisses without fraud coven or further delay as in and by the said recited Indenture dated the said first day of c. amongst divers other Covenants Grants Articles and Agreements therein contained more plainly at large it doth and may appear Now this Indenture witnesseth That the said H. H. for divers good and sufficient causes and considerations him the said H. H. especially moving hath remised released and quit-claimed and by these presents doth for him and his heirs remise release and for ever quit-claim unto the said R.L. and G. I. in their full and peaceable possession and seisin being of the Premisses and to their heirs and assigns to the only proper use and behoof of them the said R.L. and G. L. their heirs and assigns for ever the said proviso and condition and all and every article matter and clause concerning the same and all and every the said covenants before herein recited and every article sentence and clause concerning the same and every or any of them all the estate right title interest claim condition entry benefit and demand whatsoever which he the said H.H. hath or may might should or ought to have claim of in or to the said Mannor or Lordship of E. Mannors Messuages Lands Tenements Rents Reversions Services c. and all other profits liberties commodities hereditaments and other the Premisses with their and every of their rights members and appurtenances whatsoever mentioned or expressed or intended to be given granted bargained and sold in or by the said recited Indenture dated the said first day of c. and of in and to every part and parcel thereof with the appurtenances and all manner of conditions covenants articles for conditions broken and demands whatsoever of touching or in any wise concerning the said Mannor or Lordship Lands Tenements and other the Premisses or any part or parcel thereof so that neither he the said H. H. nor his heirs or any of them nor any other person or persons for him them or any of them or in his or any of their name or names or in the name or names of them or any of them shall or will at any time or times hereafter ask claim challenge or demand to have any manner of estate right title interest or demand of in or to the said Mannor or Lordship and other the premisses or any part or parcel thereof other than such estates terms and interests as are in the former recited Indenture excepted But that he they and every of them except before excepted shall be thereof and of and from every part and parcel thereof from henceforth utterly barted and excluded for ever by these presents And further the said H. H. doth for him and his heirs confirm the estate of the said R. L. and G. L. of and in the said Mannor or Lordship Messuages Lands Tenements and other the Premisses To have and to hold all the said Mannor or Lordship Lands Tenements and other the Premisses to the said R. L. and G. L. their heirs and assigns for ever absolutely without any manner of condition whatsoever to the only proper use and behoof of them the said R. L. and G. L. their heirs and assigns for ever And the said H.H. and his heirs the said Mannor or Lordship Lands Tenements Hereditaments and all and singular the Premisses with their and every of their appurtenances unto the said R.L. and G. L. their heirs and assigns to the only proper use and behoof of them the said R. and L. their heirs and assigns for ever against all men shall and will warrant and for ever defend by these presents And the said H.H. doth also by these presents remise release and quit-claim unto the said R.L. and G.L. their heirs and assigns all manner of Errors Foster Writs of Error and personal demands whatsoever In witnesse whereof c. An Indenture of allotment of several parts of Lands THis Indenture sextipartite made c. between W. C. on the one part E. D. and D. his wife on the second part P. H. and F. his wife on the third part R.P. and M. his wife on the fourth part W.C. and E. his wife on the fifth part and T. L. and F. his wife on the sixth part Witnesseth That whereas divers and sundry Mannors Lands Tenements Rents Reversions Services and Hereditaments with the appurtenances late the inheritance of the late Lady J. B. deceased sometimes wife of the Right Honourable Sir E. B. Knight likewise deceased set lying and being in divers and sundry Countries Shires and places within the Territories of England by and after the death of the said Lady J. B. did lawfully descend and come and of right ought to descend and come unto the said W.C. E.D. and D. his wife P. H. and F. his wife R.P. and M. his wife W.C. and E. his wife T.L. and F. his wife that is to say to the said W.C. as Cosin and one of the coheirs of the said Lady J. B. that is to say Son of the Lady A. C. deceased daughter of the said Lady J. B. by G. C. Knight Lord C. late husband of the said Lady A. now likewise deceased lawfully begotten to the said D. C. and D. his wife in the right of the said D. one other of the Daughters and Co-heirs of the said Lady J. B. To the said P.H. and F. his wife in the right of the said F. one other of the Daughters and Co-heirs of the said Lady J.C. To the said R.P. and M. his wife c. one other of the Daughters and Co-heirs of the said Lady J. B. to the said W. C. and E. his wife as in the right of the said E. one other of the daughters and co-heirs of the said Lady J. B. and to the said T. L. and F. his wife as in the right of the said F. one other of the Daughters and co-heirs of the said Lady J. B. by reason whereof the
said W. C. E. C. c. into the said Mannor Messuages Lands Tenements and Hereditaments with their appurtenances entred and were thereof seized in Coparcionari That is to say the said W. C. in his own right and the said E. C. and R. P. c. and their said wives in the right of their said wives and they being thereof so seized of their wills and mutual assent and agreement the seventh day of c. last past before the day of the date hereof did make partition thereof in manner and form following that is to say they did grant and indifferently divide and sever all the Mannors Messuages Lands Tenements and Hereditaments with their appurtenances to them descended and come as is aforesaid and which he hereafter expressed into six several parts or shares and agreed that every of the said six severall parts should be severally written and mentioned in a scroul of paper by it self and that afterwards every of the said six several scrouls of paper should be by an indifferent man thereunto appointed by their mutual assents severally inclosed and covered in and with wax made like little balls of like bigness and weight so as no man may see any of the scrouls and that then the said little balls of wax should be put in a bonner to be kept in the hands of an indifferent man thereunto appointed by their mutual assents and that the said W. C. being heir unto the eldest Daughter of the said Lady J. B. or his Deputy thereunto sufficiently authorized should first put in his hand into the said bonnet and should first take and choose out of the same bonnet one of the said balls and that he should have and hold to him and to his heirs for ever for his part portion and purport of the Premisses only those of the said Mannors Lands Tenements and Hereditaments that should be mentioned and written in the scroul inclosed and covered in and with the ball of wax that he or his said Deputy for him shall take and choose and that the said W. C. having married the said E. being the second Daughter of the said Lady J. C. or his Deputy thereto sufficiently authorized should for him the said W. and the said E. his wife being the second Daughter of the said Lady B. secondly put in his hand c. and should secondly take and choose c. one other of the said balls And that the said W. C. and E. his wife should have hold and enjoy to them and to the Heirs of the same E. for ever as in the right of the said E. of the premisses only those c. and that the said P. H. c. as Mr. C. mutat mutand and so the other all which was done accordingly And the said W. C. putting in his hand first into the said bonnet and taking and choosing out of the said bonnet one of the six balls wherein was one of the said six scroules in which was written and mentioned the Mannor of W. with the appurtenances late of the said Lady J. B. and all the Lands Tenements Meadows Feedings Pastures Rents Reversions Services and Hereditaments with their appurtenances which were of the said Lady B. in W. M. and W. H. in the County of c. the the Mannor of T. c. And the said W. C. putting in his hand second in the said c. the said P. H. c. the said R. P. c. the said E. C. by his Deputy c. the said T. L. c. Know ye That the said parties and every of them do and doth by these presents for him her and them and his and their heirs assent to the said partition of the Premisses so between them hereof made and had as aforesaid And that every of them doth and do for him her and them and his and their heirs accept and take the part portion and purpart to him her and them happened and allotted as is aforesaid in full recompence of his her and their part portion and purpart of all the Mannors Lands Tenements and Hereditaments to him her and them and any of them descended or come from the said Lady B. And that every of the said parties doth and do for him her and them and his and their heirs ratifie and confirm the said portion and also that every of the said parties doth and do for him her and them and for his her and their heirs ratifie and confirm to the other of them and their heits the Mannors Lands Tenements and Hereditaments to the other of them allotted and happened by vertue of the partition as is aforesaid as also all the estates and interests which the other of them hath therein and to the intent that no dissention or variance should hereafter happen or arise betwixt the said parties to these presents their heirs or assigns or any of them for touching or concerning the said Mannors Lands Tenements and Hereditaments with their appurtenances or any part or parcel thereof it is covenanted granted condescended concluded and fully agreed between the said parties to these presents their Heirs and Assigns in manner and form following That is to say first the said W. C. covenanteth and granteth for him his Heirs Executors and Administrators by these presents to and with the said C. D. and D. his wife and the heirs and assigns of the said D and to and with the said P. H. and F. his wife and to the heirs and assigns of the said F. and to and with the said R. P. c. and the heirs and assigns of the said c. and to and with the said W. C. and the said c. and to and with the said T. L. and the said c. severally for their parts portions and purparts of the Premisses that he the said W. C. his heirs and assigns and every of them at all times hereafter and from time to time whensoever he the said W. C. his heis or assigns or any of them shall be thereunto reasonably required by the said E. D. or D. his wife or either of them or the heirs or assigns of the said D. for the said part portion and purpart of the said D. of and in the premisses and by the said P. H. c. and by the said R. P. c. and by the said W.C. c. and by the said T. L. c. To make do acknowledge and suffer or cause to be made done acknowledged and suffered all and every act and acts thing and things for the further and more better assurance and sure making in the Law unto the said E. D. and D. his wife and to the heirs and assigns of the said D. the said part portion and purpart of the Premisses allotted and fallen unto the said E. D. and D. his wife as is aforesaid and unto the said P. H. c. and unto the said R. P. c. and unto the said W. C. c. and unto the said T. L. as by the said
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.
unto the said C. Grant of their Terms B. my full power and lawful authority for the having keeping and enjoying of my said Apprentices J. and G. before-mentioned for and during their several times yet to come and unexpired And moreover I the said A. M. do by these presents covenant promise and grant to and with the said C. B. his Executors and Assigns That the said J. and G. Apprentices shall during their several times well and truly serve the said C. B. as their Master and his Commandements lawful and honest every where shall do and from the service of him they nor either of them shall not absent or prolong himself by day or night during the said several Terms of their aforesaid Apprentiships yet to come and unexpired Provided That the said C. B. their Master shall well intreat and use the said J. and G. as becometh Apprentices in such case to be used finding unto them and either of them Meat Drink Linnen Woollen Hose Shooes and Bedding and all other Necessaries during the said Term. In witness c. A Proviso That if the Lessor be minded to surrender his grand Lease to take a further estate in the premises then the demise to be void with a Covenant to grant a new Lease of the premises PRovided always and be the demise under and upon condition That if the said I. B. his Executors Administrators or Assigns shall at any time during the Demise be minded to surrender his Grand Lease by which he hath and holdeth the afore-demised premises amongst other things to the intent to get a new Lease or any larger or further estate of in and to the same And therefore shall give or leave notice in writing to and for the said A. B. his Executors Administrators or Assigns at the said demised Mansion-house That then at the day and time of such notice given and from thenceforth for ever this Demise Grant and Term of years shall cease determine and be utterly void and of none effect to all intents and purposes any thing herein contained to the contrary thereof in any wise notwithstanding and the said J. B. c. doth covenant and grant to and with the said A. B. his c. That he the c. or Assigns notwithstanding the surceasing and determination of this Demise Grant and Term of years or the said A. B. to be had claimed and enjoyed as aforesaid shall and will not onely peaceably and quietly permit and suffer the said A. B. his executors administrators and assigns To have hold and enjoy the said demised Premises under the yearly Rent aforesaid by and during the term of three moneths from thence next following but also before the end and expiration of the same shall at his and their own proper costs and charges make seal and deliver or cause c. And sufficiently tendred at the said demised Mansion-house unto the said A. B. his executors or assigns a new Lease or Grant in writing of all the said demised premises for so much of the said time of c. as shall be then to come and unexpired and for and under such Rents Covenants and Conditions as are contained in this present Lease A Letter of Atturney to enter upon Lands and to deliver a Lease made to another KNow all Men by these presents That I R. R. of c. have made ordained constituted and appointed and by these presents do make ordain constitute and appoint T. C. of c. my true and lawful Atturney for me and in my stead and name to enter and come into and upon the Farm and Lands of T. in the Parish of c. now in the Tenure or Occupation of R. T. or his assigns or upon any part thereof then and there for me and in my stead and name to deliver as my act and deed unto H. M. of c. or to his assigns one Indenture whereunto I have already sealed bearing date c. made between me the said R. R. of the one party and the said H. M. of the other party purporting a Lease of the same Farm and Lands unto the said H. M. his executors administrators and assigns for the term of four years next ensuing as in and by the said Indenture more at large appeareth which Indenture after the same shall be so delivered by my said Atturney I the said R. R. do promise by these presents shall be my effectual deed in Law to all intents constructions and purposes as if I the said R. R. had sealed and delivered the same then and there my self In witness c. A Letter of Attorney to enter upon Lands and to deliver a Lease TO all Christian people to whom this present Writing shall come We T. A. and R. M. of c. send greeting Whereas we the said T. A. and R. M. have signed and sealed to one Indenture bearing date with these presents purporting a Lease Demise or Grant unto J. H. of c. of all that our Mannor or Farm of c. with the Houses Barns Stables Orchards Gardens c. and of all that our Scite of the Rectory or Parsonage of L. in the said County of c. Together with the Demeasn Lands to the said Mannor and Farm belonging or appertaining To hold from the ensealing and delivery of the same Indenture for the term of three years then next ensuing as by the same Indenture of Lease at large appeareth Now know ye That we the the said T. A. and R. M. have made The Letter of Attorney ordained constituted and appointed and by these presents do make ordain constitute and in our steads and places put and appoint our trusty and well-beloved Friend J.H. of c. our true and lawful Attorney and Assignee for us and in our steads and names to enter and come into and upon all that the said c. and other the Lands aforesaid or into some part thereof and then and there after such entry made to deliver unto the said J. H. as our very act and deed the said Indenture of Lease above mentioned to hold according to the tenor of the same Indenture and further to do and execute all and every such further thing and other act whatsoever as shall be needful to be done and performed In that behalf in as large ample and effectual manner as we our selves might or could do if we were personally present In witness c. A Condition to pay money within fourteen dayes after if the Parties bound in an Obligation pay it not at the day THe Condition of this Obligation is such That whereas W.H. and R. B. by their Obligation of writing Obligatory bearing date c. are and stand joyntly and severally bounden unto the within named J. L. in the sum of c. with condition endorsed for the true payment of c. on the c. as by the same Obligation with condition endorsed at large appeareth Now if the said W. H. and R. B.
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
Titles Troubles and Incumbrances whatsoever heretofore had made committed suffered or done by us the said R. B. and P. K. or either of us our Executors c. or any of us in any manner of wise howsoever And so shall be during all the rest and residue of all and so many years as are yet to come and unexpired of the said several terms in by the said several recited Indentures of Lease granted according to the true intent and meaning of these presents the several Rents Payments Covenants and Agreements in the said several recited Indentures of Lease respectively comprised and specified which from henceforth on the Tenants and Lessees parts and behalfs are or ought to be observed performed fulfilled and kept according to the true meaning of the several recited Indentures of Lease and the moyety of one half part of the yearly Rent of c. reserved for certain Rooms and Chambers belonging to the c. now in the Occupation of c. which moyety of the said Rent is formerly sold and released unto the said A. B. his c. onely excepted and foreprized any thing in these presents contained c. In witness c. An Assignment of a Lease in trust whereof the Assignor is to take a further Estate in the premises THis Indenture made c. between Sir A. C. of c. on the one part and E. H. and C. D. of c. on the other part Witnesseth That whereas Sir J. D. c. by his Indenture of Lease beating date the c. reciting the Grant and Habend as in and by c. Now this Indenture further witnesseth That the said Sir A. C. for and in consideration of the trust hereafter mentioned and for divers other good Causes and Considerations him thereunto moving hath granted bargained sold assigned and set over and by these presents doth grant bargain c. unto the said E. H. and C. D. their Executors Administrators and Assigns and to the Survivor of them the said E. H. and C. D. and to the Executors Administrators and Assigns of the Survivor of them all c. mentioning all that is assigned and set over To have and to hold the said Lordship c. and all other the premises with all and singular their appurtenances before by these presents bargained sold assigned and set over and every part and parcel thereof unto the said E. H. and C. D. their Executors Administrators and Assigns and to the Survivor or Survivors of them the said E. H. and C. D. and to the Executors Administrators and Assigns of the Survivor of them all c. mentioning all that is assigned c. Nevertheless upon this trust and confidence in them and every of them reposed that they the said E. H. and C. D. and the Survivor of them and the Executors c. of the Survivor of them shall and will at all times hereafter and from time to time upon the reasonable request to them or any of them to be made and at the Costs and Charges in the Law of the said Sir A. C. his Executors c. assign convey and assure all and singular the before bargained premises and every part and parcel thereof unto such person or persons their Executors c. by the said Sir A. C. his Executors c. shall be nominated and appointed in such manner and form as by the said Sir A. C. his Executors c. or his or their Council learned in the Law shall be reasonably devised or advised and required and upon further trust and confidence that they and every of them shall and will upon the like request to be made do and perform all and every lawful act and acts thing and things whatsoever for the extinguishment of this present bargain sale and assignment of the premises above-mentioned as by the said Sir A. C. his Executors c. or by his or their Council learned in the Law shall be reasonably devised or advised and required In witness c. An Assignment of a Judgment THis Indenture made c. between M. M. c. on the one part and R. T. c. on the other part witnesseth That whereas the said M. M. hath recovered a Judgment in His Majesties Court of Common-Pleas at Westminster in Hillary Term Anno c. against E. G. for xx l. Debt besides costs of Suit as by the Records of the said Court more at large may appear Now the said M. M. for good Considerations him moving Hath bargained sold assigned and set over and by these presents doth bargain sell assign and set over unto the said R. T. his Executors c. as well the said Judgment and all and every sum and sums of money therein mentioned and contained As also all benefit and advantage which shall or may be had obtained or gotten by reason or means of the said Judgment or any Process or Execution thereupon to be had sued out or executed To have and to hold the said Judgment sum and sums of Money benefit advantage and other the premises aforesaid unto the said R. T. his c. to his and their own proper uses and behoofs in as ample manner as he the said M. M. his Executors or Assigns might or could have and enjoy the same if these presents had never been had or made and the said M. M. his Executors c. shall and will justifie maintain and avow all and every lawful act and thing that shall be done in and about the premises without releasing or discharging the same So as there be no further benefit taken than onely the due Debt Interest and Charges and that all the benefit which shall be obtained or gotten upon the said Judgment shall wholly remain and be unto the said R. T. his Executors c. to his and their own proper uses and behoofs without any account or other thing to be therefore yielded or done unto the said M. M. his c. for the same In witness c. An Assignment of an Annuity TO all Christian people c. I J. W. of c. Gentleman send greeting in our Lord God everlasting Whereas J. C. Citizen c. by his Deed indented bearing date c. for the consideration therein mentioned did give grant and confirm unto me the said J. W. one Annuity or yearly Rent or Pension of c. to be issuing and going out of all and singular the Messuages or Tenements Lands and Premises of the said J. G. situate and being in c. for the term of the natural life of me the said J. W. as in and by the said Deed indented among divers other Covenants Grants Articles and Agreements therein contained more fully and at large it doth and may appear Now know ye That I the said J. W. for good Considerations me moving have assigned and set over and by these presents do assign and set over unto S. L. of c. the said Annuity or yearly Pension of c. To have
and every of them doth covenant promise and grant to and with the said A. B. and J. G. and either of them and the Executors c. of them and either of them by these presents that he the said R. L. his Heirs and Assigns shall and will from and after the Feast of Saint Bartholomew the Apostle and from and after the said Marriage so had and solemnized stand and be seized of and in all that the Site or Seat of the Rectory or Parsonage of East-Church and of and in all Houses and Buildings thereupon built standing or being And of and in one Field or Close of Pasture with the appurtenances thereunto adjoyning containing together with the said Scite of the said Rectory by estimation forty acres be it more or less And of and in a parcel of Ground called Harleys Spring containing by estimation one acre c. And of and in one Meadow containing by estimation forty acres be it more or less And of and in one piece of Ground called Reeds Meadow containing by estimation nine and twenty acres be it more or less And of and in one Field called Frogs-Field containing by estimation two and fifty acres be it more or less And of and in one parcel of Land called Parsonage Hill-field containing by estimation 37 acres be it more or less And of and in all those Lands Closes Meadows Feedings and Pastures called or known by the name or names of Stone-pit and Stone-pike containing in the whole by estimation four hundred acres be they more or less And of and in one other piece of Land called Bercon-field containing by estimation twenty nine acres be it more or less And of and in one Cottage with one Rood of Land thereunto belonging or occupied with the same in which Cottage or House one R. D. did lately dwell All which premises are scituate lying and being in E. aforesaid and now are in the occupation of c. and of and in all other the Lands Tenements Rents Reversions Services and Hereditaments of the said R. L. in the said Parish of E. in the said County of K. to the onely use and behoof of the said R. L. and the said A. and of the Heirs and Assigns of the said R. L. for ever for the Joynture of the said A. if the said A. shall happen to survive and over-live the said R. L. And the said R. L. doth covenant and grant for himself his Heirs Executors Administrators and Assigns by these presents to and with the said A. B. and J. G. and either of them and the Heirs Executors and Administrators of them and either of them in manner and form following That is to say That he the said R. L. his Heirs Executors Administrators or Assigns shall and will at all time and times hereafter and from time to time sufficiently save and keep harmless and indempnified the said Site Lands Tenements and Hereditaments and all other the premises and every part and parcel thereof of and from all former and other Bargains Sales Gifts Grants Leases Statutes-Merchant and of the Staple Recognizances c. and of and from all other Charges Troubles and Incumbrances whatsoever had made committed or done by the said R. L. or by any other person or persons whatsoever by his means title consent or procurement the Rents and Services from thenceforth to grow due to the chief Lord or Lords of the Fee or Fees of the premises only excepted and fore-prized and that the said Site Lands Tenements and other the premises now be of the clear yearly value of 200 l. over and above all charges and reprizes And further that the said R. L. and all and every other person and persons and his and their Heirs lawfully having claiming or rightfully pretending to have any Estate Right Title or Interest of in or to the said Scite Lands Tenements and all other the premises or any part or parcel thereof by or from the said R. L. shall and will from time to time and at all times hereafter during the space of two years next ensuing the date hereof further do make acknowledge and execute all and every such other reasonable act and acts thing and things device and devices assurance and assurances in the Law whatsoever as by the said A. B. and J. G. or either of them or the Executors or Assigns of either of them or their or any of their Council learned in the Law shall be reasonably devised or advised and at the costs and charges of the said R. L. his Heirs Executors or Administrators for the better and more perfect assuring and making sure of all and singular the premises to the said A. for term of her life only in form aforesaid so that there be not any other or further warranty therein comprised than only against the said R. L. and his Heirs And further it is covenanted granted and agreed by and between the said Parties to these presents and the said R. L. doth covenant c. to and with c. that all Feoffments Fines Conveyances and Assurances to be had made knowledged done suffered or executed by the said R. L. during the life of the said A. H. shall be to the uses intents and purposes aforesaid and to none other c. And further that she the said A. from and after the decease of the said R. L. during her natural life shall or may have hold and quietly enjoy the said Lands Tenements Rents Reversions Services and all other the premises without any lawful let suit trouble eviction interruption or disturbance of the Heirs and Assigns of the said R. L. or of any other person or persons whatsoever lawfully claiming by from or under the said R. L. his c. And further it is covenanted c. by and between the c. and the said R. L. doth covenant c. in manner c. that he the said R. L. his Heirs Executors or Administrators shall not at any time or times hereafter inter-meddle with have receive or take the portion or portions legacy or legacies sum or sums of money pertaining or belonging given and bequeathed due or to be due to W. H. T. H. and J. H. the Children of the said c or any of them or with the increase and profits thereof or by reason of the same arising coming or growing or that shall hereafter arise come or grow of the same or any part or parcel of the same increase other than such parcel thereof as by covenant hereafter in these presents expressed is yearly to be paid unto the said R. L. or his Assigns for and towards the charges of bringing up the said Children but shall permit and suffer the said J. G. to have the ordering and disposing of the said increase and profits coming of the portions aforesaid for the benefit of the said Children by the appointment of the said A. and that he the said R. L. shall upon reasonable request deliver or cause to be delivered
the one part and E.F. and G.H. of the other part witnesseth That whereas the said A.B. and C.D. by their Indenture bearing date c. made between the said A. B. and C. D. of the one part and the said E.F. and G.H. of the other part did bargain and sell unto the said E.F. and G.H. their Executors Administrators and Assigns all that c. To have and to hold all and singular the said Mannor Messuages Lands c. unto the said E. F and G H. their Executors Administrators and Assigns from the Feast of St. Michael the Arch-Angel last past before the date of the said recited Indenture unto the full end and term of one whole year from thence next ensuing and fully to be compleat and ended yielding and paying therefore unto the said A.B. and C.D. their Heirs and Assigns the Rent or Sum of 5 s. of lawful money of England on the Feast day of the Nativity of St. John Baptist now next ensuing as by the said Indenture may more better appear by vertue whereof and of the Statute for transferring of uses into possession the said E.F. and G.H. were and yet are possessed of the said Mannors Lands Tenements and Hereditaments with all and singular the Premisses with their Appurtenances Now this Indenture further witnesseth That the said A.B. for divers good causes and considerations him thereunto moving and that the said C.D. by expresse direction and appointment of the said A. B. hereby testified have granted released and confirmed and by these presents do grant release and confirm unto the said E.F. and C.H. their Heirs and Assigns all and singular the said Mannors Messuages Lands Tenements Mills Herediments and Premisses before in these presents particularly mentioned or which in and by the said recited Indenture were bargained and sold or meant mentioned or intended to be hereby bargained and sold to them the said E.F. and G.H. as aforesaid with all and every of the Appurtenances together with the said Rent of 5 s. hereby reserved and the reversion and reversions remainder and remainders of all and singular the said Mannors Messuages Lands and Premisses and every of them and every part and parcel thereof and all their and either of their estates right title interest use possession reversions remainders claim and demand whatsoever of in and to the said Mannor Messuages Mills and Premisses and every of them and every part and parcel of them To have and to hold all and singular the said Mannor c. and every of them with all their and every of their appurtenances unto the said E. F. and G. H. their Heirs or Assigns to the several uses intents and purposes hereafter in these presents mentioned that is to say to the use and behoof of the said A.B. during his natural life without impeachment of any waste and with liberty and power to commit any waste and after his decease to the use and behoof of J. B. now Wife of the said A. B. And the said E. F. G. H. and C. D. their Heirs and Assigns for ever upon special trust and confidence that they the said J.B. E.F. and G.H. or the Survivor or Survivors of them and their Heirs shall and will make sale of all the said Lands and Premisses to the best advantage and to dispose of all such Sum and Summes of Money which shall be raised hereby in such manner and to such purposes as the said A.B. shall in his life-time by any writing to be by him subscribed and sealed in the presence of two credible witnesses or more by his last Will and Testament in writing declare or appoint Provided alwayes and it is hereby agreed by and between all the parties to these presents and by them declared to be their true intent and meaning that it shall and may be lawful to and for the said A B. at any time or times during his natural life to make any demise lease or grant demises leases or grants by Indenture or Indentures of all or any part of the said Mannor Messuages c. either in possession or reversion or otherwise to any persons whatsoever or for any term or terms of years or for the life or lives of any one or more person and persons or for any term or terms of years determinable upon the death of any one or more person or persons or for any other term or terms whatsoever with or without any Rent or otherwise howsoever as by the said A.B. shall be thought fit and convenient and that from and immediately after the making of such demise lease or grant demises leases or grants the said E.F. and G H. and their Heirs during the life of the said A.B. and after his death they the said J.A. E.F. G.H. and C.D. and the Survivor or Survivors of them and their heirs shall stand and be seized of such part or so much of the said Mannor Messuages Lands Tenements and Premisses as shall be at any time or times hereafter leased or demised as aforesaid to the use of such person or persons respectively to whom the same or any such demise lease or grant shall be so made of such estate term and interest and in such manner and form as the same shall so happen to be leased or demised according to the true meaning of these presents and of every such demise and lease so that such lessees or grantees during his or their several lease or leases grant or grants or interests do pay or cause to be paid the Rents or Sums of money reserved or appointed to be paid and expressed in and by the Indenture of his or their said lease or grant to such person or persons to whom the same from time to time shall by the purport and true meaning of these presents belong or appertain according to the purport and true meaning of the same leases any thing before in these presents contained to the contrary thereof in any wise notwithstanding Provided also and it is further agreed by and between all the parties to these presents and by them declared to be their true intent and meaning That if the said T.G. shall at any time during his natural life be minded to alter change or make void all or any the use or uses trust or trusts hereby declared or any of them and shall to that purpose by any writing to be by him sealed in the presence of two or more credible witnesses declare and signifie such his mind and intention that then and from thenceforth from and after such signification and declaration so to be made as aforesaid such of the uses and trusts hereby limited of for and concerning the said Lands and Premisses and the profits of them or of or concerning such part and so much thereof concerning which such declaration shall be made shall cease determine and become utterly void frustrate and of none effect and that then and from thenceforth the said E.F. G.H. and their Heirs shall stand and be
to their Assigns and the Assigns of the Survivor of them well and truly to be made every year during their natural lives and during the natural life of the longer liver of them according to the tenor effect and true meaning of these presents The said Earl for himself his Heirs Executors and Administrators every of them and for the said Countesse his Wife doth covenant grant and agree to and with the said I. and A. their Executors Administrators and Assigns and every of them by these presents The said Earle and Countess will permit c. to recover c. by Writ of c. That he the said Earl and the said Countesse his Wife before the last day of Nov. now next coming shall and will permit and suffer the said I. and A. at the cost charges in the Law of the said I. lawfully to recover against the said Earl Countess by Writ of Entry Sur Disseisin with Voucher or Vouchers after the order and course of Common Recoveries of all that the Mannor of A. with the appurtenances in the County of S. c. and all and singular Messuages Lands Tenements Rents Reversions Rights Patronages of Churches Franchises Liberties Jurisdictions Priviledges and Hereditaments whatsoever esteemed reputed used demised or taken as part parcel or member of the said Mannor of A. and all and Singular Mannors Messuages Lands Tenements Reversions Services and Hereditaments whatsoever which the said Earl and Countesse have or either of them hath or at any time had in or within the said c. And also the said Earl and Countesse shall likewise permit and suffer the said I. and A. lawfully to recover against the said E. and C. by another Writ of Entry sur disseisin with Voucher or Vouchers after the order c. of all that the Mannor c. and likewise to recover c. by another Writ of Entry And that all the said Recoveries shall be in due Form of Law lawfully Executed And moreover that as well the said E. and C. now his Wife at the costs and charges of the said I.W. in the Law on or before the last day of November now next coming as aforesaid shall and will by fine in due form of Law to be levied with proclamations according to the statute in that behalf provided convey and assure unto the said I. and A. and to their Heirs or to the Heirs of one of them all the said Mannors and all the premisses with all and singular their appurtenances with warranty of the said E. and the said C. his Wife and of the Heirs of the said E. of all the premisses to the said I. S. and A. his Wife and to the Heirs of the said I. against all men as also that after the said Fine had recovered and executed Sir G.H. Kt. brother of the said E. on this side such a day at the costs and charges in the Law only of the said I. and A. or of their Assigns shall and will by Fine with Proclamations according to Statute in due form of Law by him the said Sir G. to be levied grant and release unto the said E. and his Heits all and singular the premisses with warranty of the same to the said E. and his Heirs against him the said Sir G. and his Heirs according to the usual manner of Fines And it is condescended concluded and agreed between the said parties that as well the said Fine of the said E. That the fine and recoveries shall be to the use of c. and C. and the said Recovery and Recoveries so to be had and executed as is aforesaid as also the said Fine of the said G. H. and all other Fine and Fines Recovery and Recoveries Assurance and Assurances whatsoever specified or mentioned in these presents shall be to the uses intents and purposes hereafter expressed in these Indentures and to none other use or uses intent or purpose that is to say to the use and behoof of the said E. and his Heirs untill default of payment shalt be made of the said Annuity granted by these presents or of some part thereof contrary to the form tenor and effect of these presents and after default of payment of the said Annuity or any part thereof contrary to the form tenor and effect of these presents then to the onely use and behoof of the said I. and A. and for and during the term of their natural lives and the life of the longer liver of them their Assignee and Assignees And the Assignee of the survivour of them In witness whereof the said parties to these presents their hands and seals interchangeably have set the day and year first above-written A Lease for a year THis Indenture made the c. day of c. in the Year of our Lord God according to the accompt used in England 1658. between W. S. the elder of c. in the County of c. Esq and Doctor in Divinity of the one part and S.M. and C.D. of c. in the County of c. Gent. of the other part Witnesseth that the said S.W. for and in confideration of the Sum of five shillings of lawful money of England to him in hand paid by the said S.M. and C.D. whereof he doth hereby acknowledge the receipt hath bargained and sold and doth by these presents bargain and sell unto the said S.M. and C.D. their Executors Administrators and Assigns all the Lands Tenements and Hereditaments with their and every of their appurtenances commonly called or known by the Names of c. containing by estimation six hundred and thity acres be the same more or lesse scituate lying and being in the Towns Parishes Villages and Hamlets of G. and S. in the said County of c. or one of them together with all other lands tenements and hereditaments heretofore of Sir S.W. deceased and now or late of the said S.W. that are scituate lying and being in the Towns Villages and Hamlets of M. and T. aforesaid or either of them and also the reversion and reversions remainder and remainders thereof to have and to hold the said lands tenements hereditaments and premisses with the appurtenances unto the said S M. and C.D. their Executors Administrators and Assigns from the day next before the date hereof unto the end and term and for and during the term of one year from thence next ensuing to the intent that by virtue thereof and of the Statute for transferring uses into possession the said S.M. and C.D. may be in the actual possession of the said lands tenements and premisses and be enabled to take and accept of a grant and release of the same premisses to them their Heirs and Assigns for ever In witnesse c. A Release and confirmation of the precedent lands THis Indenture made the c. day of c. in the year of our Lord God according the accompt used iâ— England 1658. Between W.S. of c. in the County
with all the rights members and appurtenances whatsoever thereunto belonging And that you fully accomplish and fulfill all other the several acts and things which your office obligeth you to perform herein Witness my hand and seal the c. A deed of feoffment with a Letter of Attorney to give livery and seisin TO all to whom these presents shall come S. W of c. sendeth greeting Know ye that the said S.W. for and in consideration of the sum of 5 s. of lawful money of England to them in hand paid by S.M. and C.D. of c. whereof the said S.W. doth hereby acknowledge the receipt and of the sum of 5000 l. of lawful money paid and secured to be paid unto and for the use of the said S.W. his Executors or Assigns have granted enfeoffed and confirmed and do by these presents grant enfeoff confirm unto the said S.M. C D. their Heirs and Assigns all those Lands Tenements and Hereditaments with their and every of their appurtenances commonly called or known by the names of R. and G. containing by estimation 600 acres be the same more or less scituate lying and being in the Towns Parishes Villages and Hamlets of T. and M. in the said County of K. or one of them together with all other lands tenements and hereditaments heretofore of S. W. deceased and late of S. W. Dr. in Divinity thaâ— are scituate lying and being in the Towns Villages and Hamlets of T. and M. aforesaid or either of them and also the reversion and reversions remainder and remainders of the said lands tenements and premisses and every part thereof and also all the estate right title interest clame and demand whatsoever of the said S. W. of in and to the same and every part thereof to have and to hold the said Lands tenements hereditaments and premisses with the appurtenances unto the said S.M. and C.D. their Heirs and Assigns for ever to the only use and behoof of them the said S.M. and C.D. their Heirs and Assigns for ever and the said S.W. doth by these presents make Constitute Ordain Authorize and Appoint F. L. of c. in the said County of c. and G.M. of c. in the said County of c. their true and lawful Atturneys for them and in their names and stead joyntly or severally to enter into the said lands tenements and premisses or into some part thereof in the name of the whole and possession thereof for them and in their names and stead to take and after such possession so thereof had and taken for them and in their names and stead to deliver full and peaceable possession and seisin of the said lands tenements and premisses with the appurtenances or of some part thereof in the name of the whole to the said S.M. and C.D. or one of them or to their lawful Attorney according to the form of these presents ratifying confirming and allowing all and whatsoever their said Attorneys or either of them shall do in the premisses by vertue of these presents In Witness whereof the said S.W. to these presents his hand and seal hath set the c. day of c. in the year c. An Indenture to bar an Estate-tail THis Indenture made the seventh day of October in the 11th year of the Reign of our Soveraign Lord CHARLES by the grace of God of England Scotland France and Ireland King Defender of the Faith c. Between T.B. of W. in the County of B. Yeoman on the one part and T.M. of H. in the said County Yeoman and H.H. of H. aforesaid in the said County Yeoman on the other part Whereas T.B. deceased Grandfather of the said T.B. party to these presents Recital of a Will by his last Will and Testament in writing amongst other things therein contained did give and devise unto J B. also deceased father of the said T.B. party to these presents and to the Heirs male of his body with remainders over all that his Messuage or Tenement with the appurtenances scituate and being in W. in the said County of B. and all that his Close adjoyning to the said messuage or tenement and all that acre of Meadow-ground called the long Hale lying in W. Meade and three yards of Meadow called the Elboes in the said Parish of W. and half his arable Lands Leyes and Meadow-ground lying and being in the Parish and Fields of W. aforesaid and R. or one of them with their and every of their appurtenances in the said County of B. as by the said last Will it doth and may appear and which premisses do contain a Messuage with the appurtenances and one Yard-land by estimation be it more or less And whereas the said T. B. the Grand-father shortly after making the said Will dyed the said J. B. his Son him surviving after which time the said J.B. having issue the said T.B. party to these presents his eldest Son and Heir male and the said J. B. being since also dead by and after whose decease the said T.B. party to these presents now is in actual possession of the said Messuage or Tenement Closes Lands Meadowes and Premisses with the Remainders over as aforesaid Now this Indenture witnesseth That the said T. B. party to these presents To cut off the estate taile intending as well to cut off the said estate tail and to barre the Remainders thereon depending and to settle the said Messuage or Tenement Close Lands Meadowes and Premisses to him the said T.P. party to these presents and his heirs as also to barre all pretences of right that futurely may or can be made unto all and every or any the said Messuages Lands Meadowes and Premisses so given to the said J.B. his Father and since come unto him the said T. B. party to these presents for that purpose Covenant to levy a Fine Doth hereby Covenant and Grant for himself his Heirs Executors and Administrators and for every of them to and with the said T.M. his Heirs and Assigns by these presents That he the said T. B. shall and will on and before the Feast of St. Andrew the Apostle now next ensuing the date hereof in due form of Law acknowledge and levy one or more Fine or Fines Sur cognizance de droit come ceo c. before his Majesties Justices of his Majesties Court of Common-Pleas at Westminster unto the said T.M. of and for the said Messuage or Tenement Close and all and every the said Meadows Lands and Premisses by the name or names of one Messuage one Garden one Orchard Forty Acres of Land six Acres of Meadow six Acres of Pasture and Common of Pasture for all Cattel with the Appurtenances in W. and R. or one of them in the said County of B. or by such other name or names quantity or number of Acres as to the said T. M. or his Council Learned shall seem meet and expedient To the intent that he the said T. M. shall
them or of any part of them or either of them this Indenture of Lease and all and every matter and thing herein contained shall cease determine and be utterly void to all intents purposes this Indenture or any thing therein contained to the contrary thereof in any wise notwithstanding the same several payments to be made and paid at or in the now c. and that without any demand to be made for the same Covenant to re-deliver possession upon failing of payment And the said J.M. and G.M. for themselves and either of them joyntly and severally and for their and either of their several Heirs Executors and Administrators and for every of them do and doth Covenant Promise and grant to and with the said T. I. his Executors and Assigns and to and with every of them c. that in case the said J. M. and G.M. their Executors Administrators and Assigns shall fail to pay the said several sums of money or any of them or any part of them or either of them at the dayes and times herein before mentioned and appointed for payment thereof that then they the said I. M. and G. M. their Heirs and Assigns and every and either of them shall and will within c. next after default of payment of the said sums of money or any or either of them or any part of them or either of them leave yield up and deliver unto the said T. L. his Executors and Assigns the peaceable and quiet possession of the said Mannor Messuages Lands and all other the premisses with their and every of their rights members appurtenances And to make further assurance And also that the said I. M. and G. M. their heirs and assigns shall and will from time to time and at all times during the space of seven years c. as in Covenants for further assurance And the said T. L. for himself That if the said I. M. and G. M. their heirs and assigns or any or either of them do and shall well and truly pay or cause to be paid unto the said T. L. his Executors or Assigns the said several Sums of money herein before mentioned and expressed at the dayes and times in the Proviso herein before expressed and appointed for payment thereof according to the true intent and meaning of the said Proviso Covenant upon payment to assign over all the Lessors interest That then the said T.L. his Executors and Assigns from and after full payment of the several Sums of money in form aforesaid shall and will at the request of the said I. M. and G.M. their Heirs and Assigns deliver up the said recited Indenture and also that part of these presents which is under the hand and seal of the said I.M. and G.M. And also that he the said T.L. his Executors and Assigns shall and will permit and suffer them the said I.M. and G.M. their Heirs and Assigns to hold and enjoy the said Mannor and premisses for and untill default of payment of the said several sums of money or either or any part of them shall happen to be made by the said I.M. and G.M. their heirs or Assigns at either of the dayes or times herein before mentioned and appointed for payment thereof In witnesse c. A Confirmation of a Mortgage TO all Christian people to whom this present writing shall come R. F. of London Son and Heir of W. F. late of L. in the Parish of P.R. in the County of B. Yeoman deceased sendeth greeting in our Lord God everlasting Whereas the said W.F. by his Indenture of Lease bearing date c. made between the said W. F. by the name of W. F. of L. in the parish of P. R. in the County of B. Yeoman on the one part and T.F. then of W. A. in the parish of H. in the said County of B. Husbandman on the other part for and in consideration of the Sum of 50 l. of currant money of England to him the said W. F. by the said T. F. in hand paid and for other considerations him moving did demise grant and to farm-let unto the said T. F. his Executors and Assigns all that Messuage or Tenement wherein he the said W. F. did then dwell with the appurtenances scituate lying and being in L. aforesaid within the parish of P.R. in the C. of B. and also all and singular the Cottages Houses Barns Stables Buildings Edifices Yards Back-sides Orchards Gardens and Easements to the said Messuage or Tenement belonging or in any wise appertaining And also all those two Closes c. and also all Woods Underwoods Timber and Trees Quick-mounds Hedges Ditches Fences Hades and Blanks whatsoever standing growing or being in or upon the premisses or any part or parcel thereof or to the same premisses or to any part or parcel thereof belonging or in any wise appertaining together with all Commons Common of pasture Commodities Profits and Appurtenances whatsoever and all other Lands Tenements and Hereditaments whatsoever to the said Messuage or Tenement and other the Premisses or to any of them belonging or in any wise appertaining and the Reversion and Reversions Rent and Rents of all and singular the premisses and of every part and parcel thereof To have and to hold the said Messuage or Tenements Houses Closes arable Lands Woods Under-woods Commons Commodities and all other the premisses and every part and parcel thereof with their appurtenances unto the said T.F. his Executors Administrators and Assigns from the Feast of c. next coming after the date of the said recited Indenture unto the end and term and for and during the term of 500 years from thence next ensuing fully to be compleat and ended and without impeachment of or for any manner of wast by and under the yearly Rent of 1 l. at the Feast of c. onely if it were lawfully demanded Nevertheless with Proviso in the said recited Indenture contained and hereafter belonging viz. Provided alwayes and it is covenanted granted concluded and fully agreed by and between the parties to the said Indenture That if the said W. F. his Heirs Executors Administrators or Assigns or any of them do and shall well and truly content satisfie and pay or cause to be paid unto the said T. F. his Executors Administrators or Assigns the full sum of 50 l. of lawful money of E. on and upon the twenty sixth day of M. next coming after the date of the said recited Indenture at the then dwelling house of the said T. F. at c. without fraud or deceit That then at all times thenceforth from and after full payment made of the said sum of 50 l. as aforesaid the said Indenture Lease Demise and Grant and all and every other Covenant Grant and Articles therein contained should cease determine and be utterly void and of none effect to all intents and purposes and that then and at all times from thenceforth it should be lawful for the
without Impeachment of any manner of wast And from and after their decease and of the Survivor of them the Remainder thereof to the use of the said E. Lord H. Son and Heir apparent of the said E. for and during the term of his natural life And from and after his decease the Remainder thereof to the heirs males of the body of the said E. Lord H. to be begotten on the said E. D. his intended Wife and in default of such heirs males then to the use of the heirs of the body of the said E. Lord H. to be begotten on the body of the said E. D. the Remainder thereof to the right heirs of the said C. and to none other use intent or purpose Provided alwayes Provise to make Leases and the true intent and meaning of all the parties to these presents is and was at the time of levying the said Fine That it shall and may be lawful to and for the said E. and C. during their joynt lives and for the Survivor of them at all times and from time to time to make any lease or leases of all or any of the said Mannor and Premisses or any part or parcel thereof to any person or persons for 21 years in possession or under or for three lives in possession or under and not otherwise or in other manner so as upon every such Lease so to be made the usual and old accustomed Rent or more be reserved and appointed to be payable yearly during the said term or terms to such person or persons as by force of these presents or of the said Fine or recited Indencure or any of them shall or ought after the decease of the said E. and C. to have the immediate Reversion or Remainder thereof In witnesse whereof c. A Declaration of the use of a Fine and Recovery THis Indenture made c. between the Right Honourable T. L. W. on the one part and the Right Honourable W. L. P. Sir N. F. and T. A. on the other part VVhereas The recital of the Fine and Recovery c. reciting a Fine and Recovery suffered in the Term of c. of these Mannors c. by the name or names of c. Now this Indenture witnesseth That the true intent and meaning of the said L. Lord W. and of the said Recoveror and of all the parties to the said Recovery and every of them and to these presents before and at the several and respective times of the suffering of the said Recovery for touching and concerning the said Mannors Lands Tenements Hereditaments and premisses and every of them The intent of the Parties at the execution of such Fine and Recovery whereof the said Recovery was suffered and had alwayes was and now is That the said Recovery should and shall be and enure and be construed adjudged deemed and taken to be and enure and that the said Recoverors and every of them and all the parties to the same and the party-takers thereby and their heirs and all and every other person or persons and his and their heirs who then were or now are or hereafter shall be seized of the said Mannors Lands Tenements Hereditaments and premisses or of any part thereof or any of them should and shall stand and be seized of the same Mannors Lands Tenements Hereditaments and premisses and every parcel thereof with the appurtenances to the uses purposes and intents and under the Provisions Conditions and Limitations hereafter in these presents expressed specified limited and declared and to no other use intent or purpose And the said T. Lord W. doth hereby limit The Uses express declare and appoint that all the same Mannors Lands Tenements Hereditaments and premisses shall be and remain to the several uses purposes and intents hereafter in these presents expressed that is to say to the use and behoof of the said T. Lord W. and his Assigns for and during the term of his natural life without Impeachment of or for any manner of waste and from and afteâ— the decease of the said T. Lord W. then to the use of the said W. Lord P. Sir N. F. and T. V. their Heirs and Assigns for everâ— for and to this intent and purpose that they the said c. and the heirs and the Survivor and Survivors of them aâ— his and their heirs For payment of Debts shall and will bargain sell oâ— otherwise dispose of the same for and towards tâ— payment satisfaction and discharge of such Deâ—â— and Sums of money as the said T. Lord W. doth now owe 〈◊〉 which he shall owe at the time of his death to any person or persons and for the discharging of such person and persons as do noâ— stand or which at the time of the death of the said T. Lord W. shalâ— stand bound or engaged for or with the said T. Lord W. for the samâ— debts or sums of money or any of them and also for the satisfaction payment discharge of all such sum or sums which the said T. Lord W. hath or hereafter shall take up borrow or receive for 〈◊〉 consideration of which he hath heretofore granted or hereafter shall grant any Annuity or Annuities Rent or Rents-charge issuing or to be issuing or payable out of the same Mannors Lands Tenements Hereditaments and premisses or any of them or out of any of the Mannors Lands Tenements or Hereditaments of the said T. Lord W. in the Territories of England whereby the same Rent or Rents-charge shall and may be determined And also for and towards the payment and discharge of the Funeral charges and expences of the said T. Lord W. and of the Legacies and bequests which the said T. And Legacies Lord W. by his last Will and Testament in writing to be sealed subscribed and published by him before three sufficient witnesses shall give and bequeath to any person or persons or to any use or uses or so much of such sum and summes of money debts Funeral expences and Legacies as the value of the said Mannors Lands and Tenements to be sold as aforesaid shall amount unto The disposal of the over-plus And that if any over-plus shall be of the value of the same Mannors Lands Tenements Hereditaments and premisses more than shall be or will be sufficient to satisfie and discharge all the same debts sums of money funeral charges Legacies and bequests that then the said c. their Heirs Executors or Administrators shall and will pay and deliver the same over-plus which shall remain of the Sale or value of the said Mannors Lands Tenements Hereditaments and premisses unto such person or persons to whom the said Lord W. shall by his last Will in writing in presence of two witnesses at least appoint the said Lands and premisses to come after his death And further upon this trust and confidence reposed in the said c. and their heirs that if the said person to whom the premisses
and have now and at the execution of the said estate shall then have good right full power and lawfull and absolute authority to grant bargain sell c. Cum. Covenant pro exonerat ab Incumbr fruitionâ— And that he the said J. F. and his heirs and all and every other person or persons lawfully having or claiming to have any manner of estate right title or interest of in or to the premisses before by these presents bargained and sold or mentioned or intended to be bargained and sold with the appurtenances or of in or to any part or parcel thereof by from or under the said J. F. and E. F. or either of them shall from time to time and at all times for and during the space of five years next ensuing the date hereof when and as often as they or any of them shall be thereunto reasonably required by the said J. R. his heirs or assigns or any of them make do suffer knowledge and execute or cause to be made done suffered knowledged and executed at the costs and charges in the Law of the said J. R. his heirs or assigns or some or one of them all and every such further lawful 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 assurance surety sure-making and conveying of all and singular the premisses and every part and parcel thereof with the appurtenances to the said J. R. his hein and assigns according to the true intent and meaning of these presents Be it by Fine Feoffment Recovery Release Confirmation with Warranty only against the said I. F. and his heirs or without Warranty or by all or any of the aforesaid wayes or means or by any other lawful or reasonable wayes or means in the Law whatsoever without Warranty or with the like Warranty as aforesaid as by the said I. R. his heirs or assigns or any of them or by his their or any of their Council learned in the Laws shall be lawfully and reasonably devised advised or required Provided alwayes and it is Covenanted Concluded Conditioned and agreed by and between the said parties to these presents That if they the said I. F. and E. F. or either of them their Heirs Executors Administrators and Assigns or any of them do well and truly content and pay or cause to be contented and paid to the said I. R. his Executors Administrators or Assigns at the now dwelling house of c. the Sum of c. of c. in form ensuing c. without fraud or guile That then this present bargain and safe and all and every Covenant Grant Article and thing herein contained shall to all effects purposes and constructions be utterly void frustrate and of none effect But if default of payment in any of the dayes of payment aforesaid in part or in all contrary to the form above declared that then this present bargain and sale and all and every Covenant Grant Article and thing herein contained shall to all effects and purposes stand remain and abide in its full force and strength any thing herein before expressed to the contrary thereof in any wise notwithstanding In witnesse whereof c. A Conveyance of a Mannor THis Indenture made c. between R. H. M. his wife and I. H. on the one part and Sir R. D. on the other part witnesseth That the said R. H. M. his wife and I. H. for and in consideration of the sum of Grant of the Mannor c. Have granted aliened bargained sold enfeoffed and confirmed and by these presents do joyntly and severally grant alien bargain sell infeoff and confirm unto the said Sir R. D. his heirs and assigns for ever All that the Mannor or Lordship of R. in the County of O. with the Rights Members and Appurtenances thereof And also all and singular Messuages Houses Edifices Buildings Barns Stables Dove-houses Yards Back-sides Orchards Gardens Lands Tenements Meadowes Pastures Feedings Woods Under-woods Wood-grounds with the soil and ground of the same Timber and Trees Waters Water-courses Ponds Pools Liberties Fishings Courts Leets Views of Frank-pledge Perquisites and Profits of Courts and Leets Wayfes Estrayes Heriots Felons Goods and Goods of Fugitives Rents Services Rents-seck and all other Rents and Services whatsoever reserved upon any Demise or Lease heretofore made of the premisses or of any part thereof Wastes Waste-grounds Easements Passages Profits Commons Commodities Jurisdictions Emoluments Mills Hereditaments and Appurtenances whatsoever to the said Mannor and Premisses or any of them belonging or in any wise appertaining or reputed to be belonging thereto or used therewith And also all that the Advowson Of an Advowson Presentation and right of Parsonage of the Rectory Church and Chantrey of R. aforesaid And all Tithes oblations and obventions whatsoever belonging to the said Rectory Church or Chantreys of P. aforesaid And all that Messuage Tenement or Farm Of a Farm situate and being in R. aforesaid now or late in the tenure or occupation of W. C. or his Assigns called or known by the name of S. or by whatsoever other name or names the same is called or known and all Houses Edifices Buildings Barns Stables Yards Back-sides Orchards Gardens Lands Tenements Meadows Pastures Wayes Easements Passages Profits Commons Commodities Woods Wood-grounds Timber and Trees Waters Water-courses Emoluments Hereditaments and Appurtenances whatsoever to the said Message Tenement or Farm and premisses or any of them belonging or in any wise appertaining or reputed to be belonging thereto or used therewith And also all those Messuages Lands Tenements and Hereditaments with their appurtenances called the Chantrey Lands in R. aforesaid And also all and singular other the Messuages Cottages Lands Tenements Meadowes Pastures Feedings Woods Wood-grounds Rents Reversions Services and Hereditaments whatsoever of them the said R. H. M. and J. H. or any or either of them in or within the Towns Fields Parishes Hamlets Territories or Precincts of R. and B. and L. or any or either of them in the said County of O. And also all the estate right title interest use possession and the Reversion and reversions remainder and remainders rent and rents claim and demand whatsoever of them the said R. H M. and I. H. and every and either of them of in and to the said Mannor and Premisses and of in and to every part and parcel thereof belonging Of Writings with a Covenant to deliver them by such a time or in any wise appertaining And all Writings Evidences Deeds Charters Fines Escripts Court-rolls Exemplifications and Minuments whatsoever concerning the said M. and premisses or any part thereof which the said R. H. now hath in his possession or can conveniently come by without Sute in Law And true Copies of all such Writings and Evidences as do concern the same or any part thereof with any other Lands Tenements or Hereditaments the same Copies and every of them to be copied
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
present Indenture and the Estate hereby granted shall cease determine and be utterly void to all intents and purposes any thing herein contained to the contrary thereof in any wise notwithstanding In witnesse whereof c. A Lease in trust THis Indenture made c. between Sir R. D. of c. on the one part W.D. of c. R. H. and T. S. c. on the other part Witnesseth That the said Sir R. D. for c. setting down the Demise ut supra though of other Lands with the Habendum and Reddendum ut supra Nevertheless upon this special trust and confidence that they the said W.D. R.H. and T.S. their c. shall permit and suffer him the said Sir R.D. and his assigns during his life to hold and enjoy the said Mannor and Premisses and to receive and take the rents issues and profits thereof to his and their own use And also upon this further special trust and confidence that they the said W. D. R. H. and T. S. their c. from and after the decease of the said Sir R. D. shall imploy yearly out of the profits of the said M. and premisses the sum of 50 l. of c. for the Education and bringing up of M. D. Gentleman second Son of the said Sir R.D. for and untill he the said M. shall attain unto the age of nineteen years And also that they the said W.D. R.H. and T. S. their c. from and after the said M. D. shall attain his said age of nineteen years during the residue of the said term shall raise out of the profits of the premisses the sum of 80 l. per annum for and towards the maintenance and for the portion of him the said M.D. And also at the end of the term hereby demised shall and will yield and deliver the rest and residue of all the profits of the premisses by them received or raised unto him the said M.D. or to his issue if any issue of his body be then living And if the said M.D. before his said age shall die without issue that then they the said W.D. R.H. T.S. their c. from and after the decease of the said M.D. without issue as aforesaid shall yield and deliver unto J.D. Esquire eldest son and heir apparent of the said Sir R. D. at his age of nineteen years or to such issue of his body as shall be living at such time as the said J.D. shall have accomplished his said age of nineteen years if he had lived all such rents sum and sums of money as they or any of them shall have received or taken out of or for the said Mannor or Premisses and every or any of them And if the said J.D. before the said age of nineteen years shall die without issue that then they the said W.D.R. H. and T.S. their c. from and after the decease of the said J. D. as aforesaid shall yield pay and deliver unto R. D. Gent. youngest son of the said Sir R. D. at his age of nineteen years or to such issue of his body as shall be then living all such rents sum and sums of money as they or any of them shall have received or taken out of or for the said M. and premisses and every or any of them Cum eadem potentia revocat pro ut ultim specificat In witness c. A Declaration of Trust with a Declaration of uses by the Truster THis Indenture made c. between A. Lady D. of c. Widow on the one part and Sir I. D Sir I.C. Sir R.L. I.C. I.C. T.L. T.I. W.M. and W.G. of c. seperatim on the other part Whereas the said Sir I.D. I.C. and I C. do stand joyntly seized in Fee with the said A. Lady D. of and in all that the Mannor of L. in the County of L. with the rights members and appurtenances thereof and of all that the Capital Messuage or Mansion-house of L. aforesaid and of all and singular Messuages Lands Tenements Tofts Cottages Mills Meadows Closes Pastures Leasows Commons Waste-grounds Furze Heaths Woods Under-woods Waters Moors Wayes Fishings Court-Leets Views of Frank-pledge Waifs Estrayes Royalties Franchises Rents Reversions Services Profits Commodities Liberties Priviledges and Hereditaments whatsoever to the said Mannor or any part thereof belonging or appertaining or reputed deemed occupied or taken as part parcel or member of the said Mannor of L. aforesaid and of all that Messuage with the appurtenances in L. aforesaid in the possession of W. C. or his assigns as by the conveyance thereof to them made by G. A. Esq it doth and may more fully appear And whereas the said T.L. T.I. and W.G. do also stand joyntly seized to them and their heirs of and in all and all manner of Tithes of what nature condition or quality whatsoever and of all Demises Pensions Portions Oblations Emoluments and Profits whatsoever coming growing renewing arising encreasing issuing or going out of any the Lands Meadows Pastures or Woods in L. in the said County of L. or being parcel of the Demeasnes of the Mannor of L. with their and every of their rights members and appurtenances and of all and singular Glebe-Lands Tenements Profits Commodities Emoluments and Hereditaments whatsoever to the Rectory and Parsonage of L. aforesaid belonging or appertaining lying or being amongst the Demesne-Lands of L. aforesaid and also of all and all manner of Tithes coming growing renewing or increasing in or upon the said Glebe-Lands Tenements and Hereditaments or any of them and of all other the Tithes coming renewing or increasing in L. aforesaid as by the conveyance thereof to them made by W. C. and G. A. it doth and may appear And whereas the said Sir I. C. Sir R. L. and W. M. do stand possessed and interessed for divers years yet enduring of and in all that Pasture-ground containing by estimation one hundred and twenty Acres be it more or less lying in L. in the Parish of S. in the said County of B. called or known by the name of the Nether ground with the Tenement and all other the Edifices and Buildings thereupon standing as by the Lease thereof to them the said Sir I. C. Sir R.L. and W.M. by I.I. and A. his wife dated the nineteenth day of c. it doth and may appear Now these presents witness and it is hereby declared testified and expressed by all the said parties to these presents that all and every the several parties to these presents do stand so seized and interessed of all and every the premisses respectively only in trust for the said A. Lady D. and to her use and that they the said Sir J. D. Sir I. C. Sir R.L. I.B. I.L. T.L. T.I. W.M. and W.G. and every of them and the Heirs and Executors of the Survivor and Survivors of them shall at the requests and costs of the said A. Lady D convey and dispose the premisses and every of them respectively to such person and persons as
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
and Limitations hereafter in these presents expressed limited and declared and that the said Recoverers and either of them and all the parties to the same Recovery and the Parties takers thereby and their heirs and all other person and persons and his and their heirs who then were and now are or hereafter shall be seized of the said Mannors Lands Tenements Hereditaments and Premisses with their Appurtenances comprized in the said Recovery should and shall stand and be seized of the same Mannors Lands Tenements Hereditaments and Premisses comprized in the said Recovery and every parcel thereof with the Appurtenances to the same uses purposes and intents hereafter expressed And that the said Cognizees of the said Fine and either of them and all the parties to the same Fine and the takers thereby and the heirs of them and every of them and all and every other person and persons and his and their heirs who at the time of the levying of the said Fine then were or now are or hereafter shall be seized of the foresaid Mannors Lands Tenements Hereditaments and premisses with the Appurtenances Comprized in the said Fine and every of them should and shall stand and be seized of the same Mannors Lands Tenements Hereditaments and premisses Comprized in the said Fine and every parcel thereof with the Appurtenances to the uses purposes and intents hereafter in these presents expressed and declared that is to say for touching and concerning all that the foresaid Capital Messuage or House called H. house scituate and being within the said Mannor of T. in the said Counties of W. and W. with the Orchards Gardens Barns Stables Hop-yards thereunto belonging And also as for touching or concerning the said several Lands Tenements and Hereditaments next hereafter mentioned and in the said several Recoveries comprized that is to say two Meadows called H. Meadows containing by estimation 60 acres more or less one Pasture called C. containing by estimation 40 acres one Wood called B. containing 16 acres c. parcel of the said Mannors Lands Tenements Hereditaments and Premisses in the said Counties of W. and W. To the only use and behoof of the said T. Lord W. and his Assigns The Uses for and during the term of his natural life without Impeachment of or for any wast and with full power to commit waste and from and after the decease of the said T. Lord W. then to the use and behoof of the Lady K. now wife of the said T. Lord W. for and during the term of her natural life for her Joynture and in lieu and full recompence of her Dower out of all the Mannors Lands Tenements and Hereditaments whereof the said T. Lord W. now is or hereafter shall be seized And for and touching all the residue of all the said Mannors Lands Tenements Hereditaments and Premisses with their Appurtenances in the said Counties of W. and W. And for touching and concerning all the said Mannors Lands Tenements Hereditaments and Premisses in the said County of G. to the only use and behoof of the said T. Lord W. and his Assigns for and during the term of his natural life without Impeachment of or for any manner of waste and for touching and concerning the immediate Remainder of the said Capital Messuage called H. house and of all the said lands tenements and premisses before particularly mentioned or meant to be limited to the use of the said Lady K. for her Joynture as aforesaid immediately from and after the decease of the said T. Lord W. and of the said Lady K. and of the longer liver of them and the immediate Remainder of all the residue of the said Mannors Lands Tenements Hereditaments and Premisses in the said Counties of W. and W. whereof there is no use before limited or declared to the said Lady K. for her Joynture And for touching and concerning the immediate Remainder of all the said Mannors Lands Tenements Hereditaments and Premisses in the said County of G. immediately from and after the decease of the said T. Lord W. to such uses purposes and intents and under such Provisions Conditions and limitations as hereafter in these presents are specified expressed limited and declared and to none other use intent or purpose whatsoever that is to say To the use and behoof of the said Right Honourable W. Lord P. N. F. c. their Executors Administrators and Assigns for and during the term and space of c. years to commence and begin as hereafter followeth that is to say for touching and concerning the said Messuages Lands Hereditaments and premisses before limited to the use of the said Lady K. for her Joynture parcel of the said Mannors Lands Tenements and Hereditaments comprized in the said Fine to begin-immediately from and after the decease of the longest liver of them the said T. Lord W. and of the said Lady K. and for touching and concerning all the rest and residue of the said Mannors Lands Tenements Hereditaments and premisses as well in the said Counties of W. and W. as in the said County of G. for and during the term and space of _____ years to commence immediately from and after the decease of the said T. Lord W. for and to the intent and purpose that the said W. Lord P. N. E. c. their Executors Administrators and Assigns shall and may receive For payment of debts and other charges perceive dispose and imploy the Rents Revenues Issues and Profits of all the said Mannors Lands Tenements Hereditaments and Premisses respectively for and during the said term or terms of _____ years for and towards the payment and satisfaction of all such Debts and Sums of money which the said T. Lord W. doth now owe or hereafter shall borrow or owe or for which any person or persons doth or hereafter shall stand engaged for or with the said Lord W. and for his proper debt and for the payment of such Annuities Rent or Rents and securing such Leases as the said T. Lord W. hath granted or hereafter shall grant or mention or limit to be issuing or going out of the said Mannors Lands Tenements Hereditaments and Premisses or out of any of them or out of any parcel of them or any of them to any person or persons which is or are or have been or hereafter shall be the servant or servants of the said T. Lord W. for or in regard or in respect of his or their service or services done or to be done to the said T. Lord W. or to any person or persons for any money heretofore received borrowed or taken up or hereafter to be received borrowed or taken up by the said T. Lord W. or to his or their Executors Administrators and Assigns and also for and towards the payment of such Legacy or Legacies and Sums of money which the said T. Lord W. shall by his last Will and Testament in writing to be signed sealed and published between three or more sufficient Witnesses give
C. L. S. and the said D. L. witnesseth now this present Indenture The Consideration That the said C. Lord S. as well for and in consideration of the said Marriage and of the full Summe of 8000 pound that is to say the Summe of 7000 pound of good and lawfull money of England in hand paid and the Summe of 1000. pound more in Jewels in hand delivered unto him the said L. S. by the said E. Lord G. and Dame I. his wife at and before the ensealing and delivery of these presents whereof the Sum of 2000. Marks in moneys and the said 1000. pounds in Jewels were and was a portion given and left unto her the said D. by the last Will and Testament of Sir I. L. her Father deceased and the residue of the said 8000 pound was and hath been encreased for her by the providence care and great love of the said Dame I. G. her Mother since her said Fathers decease of and with which said Sums of 7000 pound in Money and 1000 pound in Jewels he the said C. Lord S. doth hereby acknowledge the Receipt and himself to be fully satisfied And thereof and of every part and parcel thereof doth for himself his Heirs Executors and Administrators and for every of them fully absolutely and clearly acquit exonerate and discharge the said E. Lord G. and Dame I. his Wife their Heirs Executors and Administrators and every of them for ever by these presents And for and in consideration of a competent Joynture to be had and made unto the said D. in case the said Marriage shall take effect and that she the said D. shall survive and over-live him the said Lord S. and for the better preservation and continuance of all and every the Mannors Lordships Messuages Lands Tenements and Hereditaments hereafter mentioned in the name and blood of the said Lord S. so long as shall please Almighty God also for divers and sundry other good and valuable Considerations him the said Lord S. hereunto especially moving Hath Covenanted promised granted and agreed and by these presents doth for himself his Heirs Executors Administrators 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 A Covenant to levy a Fine and to and with every of them That he the said C. Lord S. shall and will before the end of Michaelmas Term next ensuing the date of these presents before the Justices of our Soveraign L. the King of his Majesties Court of Common-Pleas at Westminster or before some other competent and fit person and persons thereunto lawfully and sufficiently authorized acknowledge and levy one or more Fine or Fines Sur Conusance de droit come ceo c. in due form of Law with Proclamations thereupon to be made according to the Common course of Fines in that case used and the Statute in that behalf made and provided unto them the said W.N. and A.T. and their heirs or the heirs of one of them The Mannors of all those his Mannors Lordships Lands Tenements and Hereditaments called or known by the several names of S. c. scituate lying and being in the County of Es with their and every of their Rights Revenues Members and Appurtenances whatsoever and of all that the Rectory and Church of H. with the Appurtenances thereof whatsoever General Words and of all and singular Messuages Houses Edifices Barns Stables Dove-houses Back-sides Orchards Gardens Lands Tenements Meadows Feedings Pastures Commons Wayes Passages Wast-grounds Heaths Furze Moors Marshes Woods Under-woods Rents Reversions Services Tithes as well great as small and of all other Hereditaments whatsoever scituate lying and being growing arising renewing and increasing within any the Towns Parishes Hamlers Tithings or Fields of S. c. in the said County of E. and in every or any of them or elsewhere to the said Mannors Rectory or other the Premisses or any of them belonging or in any wise appertaining or therewith used and enjoyed by such name and names and under such number of Mannors Messuages Cottages and Acres and in such sort manner and form as by the said E. Lord G. and J. S. their heirs or assigns or by their or any of their Councel learned in the Law shall be reasonably advised devised or required The true intent and meaning of which said Fine and Fines so to be acknowledged and levied of the said premisses between the said parties as aforesaid shall be and so shall be construed meant intended and adjudged to be to and for the use and behoof of the said W. N. and A. T. their heirs and assigns for ever To the only intent and purpose that they the said W. N. and A. T. shall and may stand and be full and perfect Tenements of the Freehold of the said Mannors Lordships and all and singular the premisses and of every part and parcel thereof with the appurtenances untill one or more perfect Common Recovery or Common Recoveries To suffer a Recovery may be had and executed of all and singular the same premisses against them the said W.N. and A.T. and their heirs according to the true intent and meaning of the said Parties to these presents And that they the said W. N. and A. T. from and after the acknowledging and levying of the said Fine or Fines by the said C. Lord S. to them the said W. N. and A. T. in manner and Form as aforesaid shall and will before the end of the said Michaelmas Term next ensuing the date of these presents permit and suffer the said E. Lord G. and I. S. to sue and presecute several Writs of Entry Sur disseisin en le post against them the said W. N. and A. T. of the said Mannors Lordships Lands Tenements Hereditaments and Premisses and of every part and parcel thereof with the Appurtenances by such name and names and under such number of Mannors Messuages Cottages and Acres and in such sort manner and form as by the said E. Lord G. and I.S. and their heirs or by their or any of their Councel learned in the Law shall be advised devised or required into and upon every of which said several Writs of Entry Sur disseisin en le post so to be brought the said W. N. and A.T. shall personally appearâ—â— And then immediately after their appearance defence made shall and will in the said actions vouch to Warranty the said C. Lord S. and he the said Lord S. upon such Vouchee of him to be made shall and will in the said actions so to be brought forthwith Gratis and without Process appear thereunto and enter into Warranty and vouch over to Warranty the Common Vouchee to the end that the Common Vouchee may also appear and enter into Warranty and afterwards make default or depart in despite of the Court so that several perfect Common Recoveries with double vouchers may be had prosecuted and executed in
Feedings Pastures Demeasn Lands Stock and all and singular other the premisses with the appurtenances thereby mentioned to be Demised and granted to the said M. C. and every part and parcel thereof as also all the estate right title interest term of years yet to come and unexpired reversion possession property claim and demand whatsoever which they the said H.B. and R. H. or either of them have or hath or may might should or ought to have of in or to the said Scite or capital Messuages and other the premisses with the appurtenances and of in and to every part and parcel thereof by force and vertue of the said Indenture of Assignment before mentioned or any thing therein contained together with the same Indenture of Assignment To have and to hold the said first recited and the said Scite and capital Messuage of the said Mannor of H. Lands Meadows Feedings Pastures Demeasn Lands Stock and all and singular other the premisses by the said Indenture Demised and every part and parcel thereof with the appurtenances except before excepted and all the said estate right title interest term of years yet to come and unexpited reversion possession property claim and demand whatsoever of them the said H. B. and R.H. and of either of them of in and to the same premisses and of in and to every part and parcel thereof with the appurtenances unto the said R. S. his Executors Administrators and Assigns in such like and in as large and ample manner and form to all intents and purposes as they the said H.B. and R.H. or either of them have or hath or may or ought to have and enjoy the same premisses by force and vertue of the same Indenture of assignment to them the said H.B. and R.H. made and granted as aforesaid or any thing therein contained together with the same Indenture of Assignment And also the said M.C. for the consideration aforesaid hath granted bargained sold aliened assigned and set over and by these presents doth fully clearly and absolutely grant c. unto the said R. S. the said first recited Indenture to her the said M. C. made and granted as aforesaid and the said Scite and capital Messuage of the said Mannor of H. Lands Meadows Feedings Pastures Demeasn Lands Stock and all and singular other the premisses by the same Indenture mentioned to be Demised and granted and every part and parcel thereof with the appurtenances And further the said M. C. for the Consideration aforesaid Confirmation doth by these presents for her her Heirs Executors and Administrators ratifie and confirm the said bargain sale and assignment hereby made of the Premisses by the said H.B. and R.H. to the said R. S. as aforesaid and the estate and interest of the said R. S. in Release and to the same and every parcel thereof And also remise release and quit claim unto the said R. S. his Executors and Assigns the said Proviso or Condition before mentioned in the said Indenture of Assignment contained concerning the Redemption of the Premisses from the said H. B. and R.H. as aforesaid and all and every Covenant Clause Article and Agreement touching the same And also all the estate right title interest term of years yet to come and unexpired reversion possession property claim condition entry benefit and demand whatsoever which she the said M. C. hath or had or may might should or of right ought to have or can or may claim of in or to the said scite and capital Messuage of the Mannor of H. Lands Meadows Feedings Pastures Demeasn Lands Stock and all and singular other the premisses by the said Indenture mentioned to be Demised and granted and in and to every or any part or parcel thereof with their appurtenances whatsoever by force and vertue of the same Indenture or of the said Indenture of Assignment or the said Proviso or condition therein contained or either or any them or by any other wayes or means whatsoever or otherwise howsoever To have and to hold the said Scite and capital Messuage of the said Mannor of H. Lands c. and all and singular other the premisses in and by the said Indenture to her the said M. C. mentioned to be Demised and granted and every part and parcel thereof with the appurtenances except before excepted and all the said estate right title interest term of years yet to come and unexpired reversion possession property claim and demand whatsoever of her the said M. C. of in and to the same premisses and every part and parcel thereof with the appurtenances unto the said R. S. his Executors Administrators and Assigns to the only use and behoof of him the said R. S. his Executors Administrators and Assigns from the ensealing and delivery of these presents for during and untill the full end or accomplishment of all the rest and residue yet to come and unexpired of the said term of Twenty one years by the said recited Indenture granted absolutely without any manner of condition proviso or redemption or other claim or demand whatsoever And the said H. B. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said R. S c. and to and with every of them by these presents in manner and form following For quiet enjoying discharged of Incumbrances that is to say That he the said R. S. his Executors Administrators and Assigns and every of them for and under the Rents Covenants Clauses and Agreements in and by the said first recited Lease of the premisses reserved and mentioned on the part and behalf of the said M.C. her Executors and Assigns to be paid done and performed shall or may at all times hereafter and from time to time for and during all the rest and residue yet to come and unexpired of the said term of Twenty one years by the said Letters Patents granted peaceably and quietly have hold use occupy possesse and enjoy the said Scite and capital Messuages c. and all and singular other the premisses herein before mentioned to be granted bargained sold assigned and set over and every part and parcel thereof with the appurtenances without the let interruption or disturbance of him the said H. B. or of any other person or persons by his means or procurement and that the same premisses and every part and parcel thereof with the appurtenances now are and be and so at all times hereafter and from time to time shall be remain and continue unto the said R. S. his Executors and Assigns free and clearly acquitted exonerated and discharged or otherwise upon lawful and reasonable request sufficiently saved and kept harmless of and from all and all manner of former bargains c. had made committed or done by him the said H. B. or by any other person or persons by his assent means or procurement the rent covenant clauses and agreements in and by the said before recited Indenture reserved
of the said T. G. to the only proper use and behoof of them the said T.G. and M. and of the heirs and assigns of the said T.G. for ever all the estate right title interest use possession reversion remainder property claim and demand whatsoever which I the said J. R. have or had or that I my heirs or assigns or any of us at any time or times hereafter shall have or may might should or ought to have or claim of in and to all that the scite of c. recite the Land as in the Indenture of bargain and sale and of in and to every part and parcel thereof and of in and to the Reversion and Reversions whatsoever of all and singular the premisses herein before mentioned to be remised and released and of every part and parcel thereof with the appurtenances and of in and to all and singular Woods Under-woods and Trees growing or being of in or upon the premisses or any part or parcel thereof and of in and to the ground and soile of the same Woods Under-woods and Trees and of in and to all and singular the Rents and profits whatsoever reserved upon any demise lease or grant heretofore made or granted of the premisses or of any part or parcel thereof To have and to hold the said scite c. and the said Messuage or Tenement called the B. the said Tenement called the C. and all and every other the said Messuages Lands Tenements Meadows Feedings Pastures Commons Hereditaments and all and singular other the premisses herein before mentioned to be remised and released and every part and parcel thereof with the appurtenances together with the said estate right title interest use possession reverâ—on remainder property claim and demand whatsoever of me the said J. R. and my heirs of in and to the same premisses and of in and to every part and parcel thereof with their appurtenances unto the said T. C. and M. his wife and to the Heirs and Assigns of the said T. C. to the onely proper use and behoof of them the said T. C. and M. and of the heirs and assigns of the said T. C. for ever So that neither I the said J. R. nor my heirs not any of us nor any other person or persons for us or any of us or in the name or names of us or any of us shall or will at any time or times hereafter ask claim challenge or demand to have any manner of estate right title interest or demand of in or to the scite c. lands tenements meadows feedings pastures hereditaments and other the premisses or any part or parcel thereof with the appurtenances but that we and every of us shall be thereof and of and from every part and parcel thereof from henceforth utterly barred and excluded for ever by these presents with warranty against J. R. and his heirs A Release of a Rent reserved in a pair of Articles of agreement TO all Christian People to whom c. W. F. greeting c. Whereas J. H. of c. being possessed and interessed for divers years yet to come of and in divers Messuages Lands Tenements and Hereditaments mentioned and contained in one pair of Indentures dated c. had and made between him the said J. H. of the one party and H. A. of the other party did by Indenture bearing date c. assign and set over unto the said H. A. the said original Lease and all and singular the Lands Tenements and Hereditaments therein contained all which the said H. A. hath sithence by his several grants or assignments granted assigned and set over unto G.R. of c. to have to him his Executors and Assigns for and during all his estate title term interest and number of years which he had of in or to the premisses as by his several Grants or Assignments more at large appeareth to this intent meaning and purpose Nevertheless and upon trust and confidence that the same shall be to the use benefit and behoof of D.N. W. F. and R. M. equally amongst them And whereas by a certain pair of Articles of Agreement indented bearing date the c. made between the aforesaid W. F. on the one party and the said D.N. of the other party it was agreed between them the said D.N. and W. F. and the said W. F. did for him his Executors Administrators and Assigns covenant grant and agree to and with the said D. N. his Executors and Assignes That he the said D. N. his Executors or Assigns should or might at all time and times from thenceforth during the said term have and enjoy to his only use and behoof all the estate title term interest number of years use and commodity whatsoever which he the said W. F. his Executors Administrators or Assigns had should or might have of in or to one full third part in three parts to be divided of all and singular the premisses and all the estate title term interest use benefits number of years and commodity which he the said W.F. hath of in or to the premisses or any part thereof In consideration whereof the said D.N. his Executors Administrators or Assigns should yearly pay or cause to be paid unto the said W.F. his Executors Administrators or Assigns 200 l. during the said term the same to be paid c. as in the Articles of Agreement as by the same Articles of agreement may appear Now know ye That the said W.F. for and in consideration of the Sum of 2000 l. c. to him in hand at and before the ensealing and delivery of these presents by the said D.N. well and truly paid doth by these presents for him his Heirs Executors and Administrators freely clearly and absolutely acquit discharge grant remise release and for ever quit-claim unto the said D. N. his Heirs Executors and Administrators the said yearly Rent or Sum of 200 l. of c. so as aforesaid mentioned reserved or covenanted to be paid in and by the said Articles of Agreement as aforesaid and all and every the covenants conditions and agreements touching the same Rent and also all and all manner of actions sutes cause and causes of actions and sutes trespasses reckonings rents arrerages of rents accompts executions sum and sums of money and demands whatsoever which at any time heretofore ever he the said W. P. hath or had or that he his Heirs Executors or Administrators or any of them at any time or times hereafter can or may have claim or challenge to have to for or against the said D. N. his Heirs Executors or Administrators or any of them for or by reason of the said yearly Rent of 200 l. or any of the Articles or Agreements concerning the same or any of them or any other the Covenants in the said several Writings contained or either of them And further know ye That the said W. F. doth by these presents remâ—â—e and release unto the said D. N. his Executors
of Joane a new right or title in the tayl descendeth to the said Richard and after his death to the said Thomas his Brother the Demandant Benloes Rep. 30 31. 2. In 29 H. 8. A Recovery was had against Tenant in taile and he dyed before execution And by the better Opinion the Issue is not remitted neither shall he falsifie because of the Recovery in value upon the Voucher Dyer 35. 3. In the Case of Hunt and Gateley Pasch 23 Eliz. in C.B. the case was That he in Remainder granted a Rent out of the Land after the Tenant in tail suffered a Common Recovery and dyed without Issue And it was Resolved by all the Judges of England That Leases for years Conusance of a Statute Grant of a Rent and all other Incumbrances by him in remainder are avoided by the common Recovery that the Tenant in tail shall suffer of the Land Moores Rep. Case 298. Capell's Case 23 Eliz. Co. 1. fo 62. 4. In Trin. 12 Eliz. 290. A Recovery was suffered by Husband and Wife of Tenements in London which by the Custome of London binds as a Fine at Common Law which was to the use of the Recoverors c. untill they made a Lease for 40 years and then to the use of the husband and wife and the heirs of the wife The Lease was made and then the husband dyed In this case the Court held that the wife should be concluded and should not avoid this Lease but shall hold under the Recovery so as the Lease precedes her Estate But Quaere what remady she shall have for the Rent which was reserved before her Estate by the use was created Dyer 290. See Co. 2. Part 57. Beckwiths Case 5. Replevin for the taking of three Cowes apud Rowdham the Defendant justifies for damage Feasant as in Freehold the Pâ—aintiff traverses the Freehold and thereupon being at Issue a specia Verdict was found Where the Case appeared to be One William Brown Father to the Defendant being seised of this Land in Fee having Issue the Defendant his Son and Heir Thomas Brown his second son and Richard a third by his Will in writing devised this Land to Thomas his son and his Heirs for ever paying to his brother Richard 20 l. at his age of 21 years And if Thomas dyed without Issue living William his Brother That then William his Brother should have those Lands to him and his heirs and assigns for ever paying the said Summe as Thomas should have paid Thomas enters and suffers a common Recovery with a single voucher to the use of himself and his heirs and afterwards deviseth it to the wise of Edward Pells the Plaintiff and her heirs and dyes with out Issue living the said William Brown who entred upon Edw. Pells and took the Distress Et si c. This Case was twice argued at the Barre and afterwards at the Bench and the matter was divided into three Points 1. Whether Thomas had an Estate in Fee or in Fee tayl only 2. Admitting he had a Fee Whether this limitation of the Fee to William be good to limit a Fee upon a Fee 3. If Thomas hath a Fee and William only a possibility to have a Fee Whether this Recovery shall barr William or that it be such an Estate as cannot be extirpated by Recovery or otherwise To the third Point Dodderidge held That this Recovery should barr William for he had but a possibility to have a Fee and as it were a contingent Estate which is destroyed by this Recovery before it came in esse for otherwise it would be a mischievous kind of Perpetuity which could not by any means be destroyed And although it was Objected That a Recovery shall not barre but where a Recovery in value extends thereto as appears Co. lib. 1. Capell's Case That a Rent-charge granted by him in remainder was bound Yet he held That this Recovery destroying the immediate estate all Contingencies and dependencies thereupon are bound and a Recovery shall bind every one who cannot falsifie it And he who hath this possibility cannot falsifie it therefore he shall be bound thereby But all the other Justices were herein against him That this Recovery shall not bind for he who suffered the Recovery had a Fee and William Brown had but a Possibility if he survived Thomas and Thomas dying without issue in his life no Recovery in value shall extend in value thereto unless he had been party by way of Vouchee And then it should for by entring into the Warranty he gave all his possibility Therefore they agreed to the case which Davenport at the Barre cited to be adjudged 34 Eliz. where a Mortgagee suffers a Recovery that shall no bind the Mortgagor but if he had been party by way of Voucher it had been otherwise and here is not any Estate depending upon the Estate of Thomas Bray but a Collaterall and meer Possibility which shall not be toucht by a Recovery And if such a Recovery should be allow'd then if a man should devise that his Heir should make such a payment to his younger sons or to his Executors otherwise the Land should be unto them if the Heir by Recovery might avoid it it would be very mischievous and might frustrate all devices and there is no such mischief that it should maintain Perpetuities for it is but in a Particular case and upon a mere contingency which perchance never may happen and be avoided by joyning him in the Recovery who hath such a contingency And on the other part it would be far more and a greater mischief that all Executors devises should by such means be destroy'd And Hutton in his Argument put this Case If a man gives or devises Land to one and his heirs as long as J. S. hath Issue of his body he by Recovery shall not bind him who made this Gift without making him a party by way of Vouchee for a Recovery against Tenant in Fee-simple never shall bind a collateral interest title or possibility as a Condition or Covenant or the like Wherefore they all besides Dodderidge held that this Recovery was no barr But it was adjudged for the Defendant Pells and Brown Hill 17 Jac. B.R. Cro. 2 Part 590. 6. In Pasch 24 Eliz. C. B. A Feme Sole was seised of a Mannor to which were three Copyholds one of the Copyholders did intermarry with the woman and afterwards he and his wife did suffer a Common Recovery of the Mannor to the use of themselves for their lives and afterwards to the use of the Heirs of the wife In this case it was agreed by the whole Court That the Copyhold was extinct And said by the Court That if a Copyholder will joyn with the Lord in a Feoffment of the Mannor thereby the Copyhold is extinct and so if he accept a Lease of his Copyhold Godb 11. Mich. 29 Eliz. C.B. Godb. 101. accord 7. Husband and wife are Joynt-Tenants for life the remainder to
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
himself his Executors c. doth covenant and grant to and with the said C. P his Executors c. that he the said I. S. at the time of the ensealing and delivery of these present Indentures is solely rightfully and absolutely seized in his Demeasn as of Fee-simple to his own proper use and behoof without any manner of condition or limitation of any Use or Uses to alter change or determine the same of and in the said Mannors Messuages Lands Tenements Hereditaments and all other the Premises above named with their Appurtenances and of every part and parcel thereof And that he now hath full Power and lawful Authority to charge all and singular the same Premises with the Appurtenances and every part thereof to and with the said Annuity or yearly Rent c. in manner and form above declared And also that the said Mannors Messuages Lands Tenements and all other the Premises now are and so from time to time and at all times for and during the said term of forty years if the said R. and C or either of them shall so long live shall and may remain and continue liable sufficient and avert to and for Distresse and Distresses of the said A and of his Executors or Assigns as the case in that behalf shall require for and concerning the said yearly Rent and other the Premises and every part thereof And the said I. S. for himself c. that he the said I. S his Executors and Assigns shall and will from time to time and at all times hereafter for and during the space of five years next ensuing the date hereof at the reasonable request of the said C. P his Executors and Assigns or any of them at his or their or any of their proper costs and charges in Law do make knowledge and suffer or cause and procure to be done made knowledged and suffered all and every such further reasonable and lawful act and acts thing and things device and devices in the Law whatsoever for the further more better and perfect assurance surety and sure-making of the said Annuity or yearly Rent-charge of c. to the said C. P his Executors and Assigns for and during the said term of forty years if the said C. and R. do so long live according to the true intent and meaning of these presents as by the said C. P his Executors Administrators or Assigns or by any of them or by any of their Council learned in the Law shall be reasonably devised advised or required In witness whereof the Parties aforesaid to these present Indentures have not onely interchangeably set their c. but also the said I. S. hath given and delivered unto the said C. P. ten shillings current English money in the name of seisin of the aforesaid Annuity or yearly Rent-charge of c. before mentioned Dated the day and year above written An Indenture of Lease with extraordinary Covenant THis Indenture made c. between C. B. of c. of the one part and I. S. of Stretton in the County of c. witnesseth That the said C. B. for and in consideration of c. hath demised granted set and to farm-let and by these presents doth c. unto the said I. S. all that his Messuage or Tenement set lying and being in c. aforesaid together with all Houses Edifices Buildings Barns Yards Orchards Crofts Lands Meadows Pastures Feedings Commons Profits and Commodities whatsoever to the said Messuage or Tenement of right in any wise belonging lying within the Town or Fields of Stretton aforesaid All which Messuage or Tenement with all other the Premises are now in the Occupation of the said I. S. except and alwayes reserved out of this present Lease all manner of Trees growing or being in or upon the said Premises or any part thereof to have and to hold the said Messuage or Tenement with all Houses Edifices Buildings Barns Yards Orchards Crofts Lands Meadows Pastures Commons Profits and Commodities with their Appurtenances as is aforesaid except before excepted unto the said I. S his Executors c. from the day of the date of these presents unto the full end and term of 21 years from thence next ensuing and fully to be compleat and ended yielding and paying therefore yearly during the said term unto the said C. B. and the Heirs of his body lawfully begotten and for default of such Issue to the right Heirs inheritable to the Premises the yearly Rent of c. at two of the usual Feasts in the year that is to say at the Annunciation of our Lady and St. Michael the Archangel by even and equal portions and doing service to the Court of the said C. B. his Heirs and others aforesaid at his or their Mannor of S. aforesaid as often as it shall be kept there at or upon reasonable summons or warning as other Tenants of the said Mannor do or should do And at the decease of the said I. S. and such his Assigns as hereafter by him shall be nominated or appointed dying Tenants of the Premises to pay his or their best Beast unto the said C. B and to such as the remainder or reversion of the said Mannor should come unto in the name of a Heriot And if it shall happen the said yearly Rent of c. to be behind or unpaid in part or in all by the space of c. next after any of the said Feasts at which it ought to be paid if it be lawfully demanded that then and from thenceforth it shall and may be lawful unto and for the said C. B. his Heirs c. and all and every other the person or persons above named to whom the Right thereof shall appertain as aforesaid into the said Messuage or Tenement and all other the Premises with the Appurtenances wholly to re-enter and the same to have again retain and re-possess as in his or their former estate this Indenture or any thing therein contained to the contrary in any wise notwithstanding And also it is covenanted and agreed that it shall and may be lawful unto the said I. S. and his Assigns to lop the Trees growing upon any parcel of the Premises heretofore lopped at all times convenient For Reparation for the necessary fencing of the Hedges And the said I. S. doth Covenant and Grant for him his Executors Administrators and Assigns by these presents to and with the said C. B. his Heirs Executors Administrators and Assigns and every of them That he the said I. S. and his Assigns shall and will make and do or cause to be made or done at his or their own proper costs and charges all and all manner of reparations in and upon the Premises before by these presents granted and letten from time to time when and as often as need shall require during the said term of c. and so well and sufficiently repaired shall in the end of the said term or other sooner determination of
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
which shall be thereupon sued or executed at any time hereafter by the said A. H. or his Assigns shall be in any manner of wise hurt hindred disabled debarred or extinguished without the consent of the said A. H. his Executors or Assigns thereunto first had and obtained in writing under his or their Hands and Seals And further that we said I. H. and O. B. our Executors Administrators and Assigns and every of us shall and will at all times hereafter and from time to time upon request made and at the cost and charges of the said A. H. and his Assigns maintain justifie allow and confirm all such lawful Actions Suits Process Extents Executions and Proceedings whatsoever as have been or hereafter shall be brought sued forth or prosecuted against the said E. S. and R. S. or either of them their Executors or Administrators or their or any of their Lands Tenements or Goods upon or by reason of the said Judgment of Four hundred pounds above mentioned And that the said A. H. his Executors and Administrators shall and may peaceably and quietly have and hold receive and enjoy to his and their own proper uses and behoofs all such benefit sum and sums of money Lands Tenements and other things as by vertue of the said Judgment or any Extents Execution Process or Proceedings thereupon brought or to be brought sued or prosecuted shall be recovered obtained or gotten without the let sute trouble eviction or disturbance of us the said I. H. and O. B. or either of us our executors oâ— administrators and without any account or other thing to us or any of us to be therefore made or given In witness c. An Assignment of a House and Lands from one who had the same in Mortgage and was forfeited to him THis Indenture made c. between W. B. of c. on the one part and G. H. of c. on the other part witnesseth That whereas B. C. of c. by his Indenture bearing date c. and so go forward with the recitals And whereas in the said recited Indenture of Assignment there is a proviso or condition contained for redemption of the premises upon payment of one hundred pounds of c. on the sixth day of c. which then should be and since hath been in the year of our Lord God c. at or in the c. as in and by the said Proviso or Condition whereunto relation being had more fully and at large it doth and may appear which said sum of 100 l. c. or any part thereof was not paid or tendred to be paid to or for the said W. B. at the day or place in the Proviso of Redemption limited for the payment thereof and yet remaineth unpaid by reason and means whereof the said Messuage and other the premises and the whole estate lease right title and interest of the said B. C. in and to the same became forfeited unto the said W. B. and he thereby was and now is and shall be lawfully interessed and possessed in the same premises and every part thereof during all the residue and term of years which then were and yet are to come and unexpired of the term granted to the said B. C. in and by the said Indenture of Demise above-mentioned Now this Indenture further witnesseth That the said W. B. for and in consideration of the sum of c. to him in hand paid by the said G. H. at and before the ensealing and delivery of these presents whereof and wherewith c. Hath given granted bargained sold and assigned over and by these presents doth fully clearly and absolutely give grant c. unto the said G. H. his executors administrators and assigns as well the said Messuage Tenement Yards Gardens Orchards and Closes to the same adjoyning and belonging Together also with all and every the arable Lands Meadows Pastures Feedings Profits Commodities and Hereditaments whatsoever to the said Messuage belonging or in any wise appertaining And all other the premises with appurtenances whatsoever in and by the said Indenture of Demise granted to the said W. B. as aforesaid As also all the Estate Right Title Interest Property Possession term of years claim and demand whatsoever which he the said W. B. his executors administrators or assigns now have hath may might should or in any wise ought to have or claim of in or to the said Messuage and other the premises with the appurtenances and every or any of them or any part or parcel thereof by force and vertue of the said Indenture of Mortgage or Assignment above recited or either of them or any thing in them or any of them mentioned oâ— contained or by any other wayes or means whatsoever together with the same Indenture of Demise and Mortgage aforesaid and all and every other Writings and Minuments concerning the same To have and to hold the said Messuage Yards Gardens Orchards Lands Meadows Pastures Feedings Indenture of Demise and Mortgage Writings and Minuments Estate Right Title Interest and term of Years and all and singular other the premises with the appurtenances before by these presents bargain'd sold assign'd and set over and every part and parcel thereof unto the said G. H. his executors administrators and assigns to his and their own proper uses and behoofs in as large ample and beneficial manner and form to all intents constructions and purposes as he the said W. B. now hath may might should or in any wise ought to have and enjoy the same by force and vertue of the said Indenture of Lease or Demise or the said Indenture of Mortgage aforesaid or either of them or any thing in them or any of them mentioned or expressed or otherwise howsoever a Covenant for discharge of Incumbrances in witness whereof c. A Mortgage of a Lease for indempnity of certain Sureties bound in aâ— Obligation made to another in trust for their use THis Indenture made the c. Between H. H. of c. Gentleman on the one part and R. N. of c. I. N. and R. D. of c. Gentleman on the other part witnesseth That whereas c. as in and by the said Indenture of Lease amongst other things more fully and at large appeareth And whereas the said I.N. and R. D. at the request and for the debt of the said H. H. together with him in and by one Obligation with Condition endorsed bearing Date with these presents are and stand joyntly and severally bounden unto R. S. of c. in the sum of c. for the true payment of c. on the c. at or in the c. as in and by the said recited Obligation and Condition thereof more at large it doth and may appear Now this Indenture further witnesseth That the said H. H. for the Indempnity and Discharge of R. and D. their Heirs Executors and Administrators and every of them of and from the said recited Obligation and all sum and
the appurtenances in N. and A. aforesaid or either of them containing by estimation c. then lately purchased by the said R. R. as in and by the said several Indentures or Deeds indented amongst other things therein contained more at large it doth and may appear in which said several Indentures there is contained a Proviso in these words following that is to say Provided alwayes That if the said R. R. during his natural life shall by his Deed or Deeds of revocation under his hand and seal testified by two witnesses or more revoke annihilate and make void or declare that he doth revoke annihilate and make void all or any the Uses and Estates in and by these presents limited and raised of or upon all or any of the said Mannors Messuages Lands Tenements and Hereditaments whatsoever in the said Fine to be contained and in these presents mentioned that then from and after the ensealing of such Deed or Deeds of revocation such of the said Uses as shall be declared to be revoked shall cease and be utterly void frustrate and of none effect and that then the said Fine of such parcel or parcels to be revoked shall be to the onely use of the said R. R. and his Heirs for ever any thing before in these presents contained to the contrary thereof in any wise notwithstanding as in and by the said Proviso in the said several Indentures mentioned and contained more plainly may appear Now know ye that the said R.R. as well in consideration that the uses and estates of and in the said Mannor Lands Tenements and Hereditaments in the aforesaid Indentures of entail specified may touching the said uses and estates remain and be rovoked and continue to the said R. R. his heirs and assigns to be disposed of at his or their pleasures and also for divers other good and just Causes and Considerations him hereunto especially moving and by vertue of the Proviso contained in the said several Indentures above recited or mentioned or other wise hath revoked annihilated and made void and by this present deed of Revocation doth revoke annihilate and make void the several uses and estates in and by the said Indentures or either of them raised or limited of or upon all the said Mannor of Lingate with the Royalties Rights members and appurtenances thereof whatsoever in N. and A. aforesaid or either of them in the said County of c. and of all the said Lands Tenements and Hereditaments to the said Mannor of Lingate now or of late appertaining or belonging or as part parcel or member thereof heretofore had known or reputed with the appurtenances in N. and A. aforesaid or either of them containing by estimation c. late purchased by the said R. R. of c. And further the said R. R. for the consideration aforesaid and by vertue of the said Proviso contained in the said several Indentures and otherwise hath revoked annihilated and made void and by this present Deed of Revocation doth revoke annihilate and make void the several uses and estates in and by the said Indentures or either of them raised and limited of or upon one Close of Land and Pasture called K. Close containing by estimation c. and of or upon one other Close of Land and Pasture with the appurtenances containing by estimation c. in N. aforesaid and of or upon two acres of arable Land by estimation c. in N. aforesaid now in the occupation of c. or of his Assigns In witness c. A Grant of the Reversion of certain Lands THis Indenture made c. between R. W. of c. of the one part and C. D. of c. of the other part witnesseth That the said R. W. for and in consideration of the sum of c. hath granted bargained and sold and by these presents doth fully clearly and absoluted grant bargain and sell unto the said C. D. his Heirs and Assigns for ever all that his Right Title Use Interest Reversion and Remainder of and in all and singular c. now or late in the Tenure or Occupation of c. which said Messuage and other the premises with the appurtenances he the said R. W. hath should or ought to have by and after the deceasâ— of A. W. Mother of the said R. Which said Messuage or Tenement Barn Orchard c. with the appurtenances R. W. deceased late Father of the said R. W. party to these presents By his last Will and Testament devised willed and bequeathed unto the said A. W. for and during the natural life of the said A. W. and the immediate reversion or remainder thereof to the said R. W. and his Heirs for ever Together with all the Deeds Evidences Charters Escripts Writings and Minuments which he the said R. W. or any other to his use or by his consent or delivery have or hath touching or concerning the said Messuage or Tenement and other the premises or any part or parcel thereof All and singular which said Deeds Evidences Charters c. the said R. W. hath already delivered at and before the ensealing and delivery of these presents To have and to hold the said reversion and remainder and all the Estate Right Title Interest c. of the said R. of in and to the said Messuage or Tenement other the premises with the appurtenances before by these presents granted bargained and sold or meant mentioned or intended to be hereby granted bargained and sold and every part thereof immediately from and after the decease of the said A. W. the Mother unto the said C.D. his Heirs and Assigns for ever to the onely proper use of the said C. D. his Heirs and Assigns for ever And the said R. W. for himself his heirs c. That he the said R. W. at the day of the date of these presents is lawfully and solely seized of and in the reversion and remainder of the said Messuage or Tenement and of other the premises with the appurtenances immediately from and after the decease of the said A. W. of a true and perfect estate of inheritance in the Law in Fee to his own use without any manner of Condition Mortgage or Redemption And further that the said reversion or remainder of the said Messuage or Tenement and of other the premises with the appurtenances from by and after the decease of the said A. W. the Mother and at the day of the date hereof are and be and so at all times from henceforth shall be and continue free clear and clearly acquitted exonerated and discharge and freely save harmless by the said R.W. his Heirs Executors and Administrators of and from all and every former and other Bargains Sales Gifts Grants Leases Statutes-Merchant and of the Staple Recognizances Joyntures Dowers Wills Entails Intrusions Rents-charge Rents-seck Arrerages of Rents and of and from all other Charges Titles Troubles Incumbrances and Demands whatsoever had made committed suffered or done by c. In
Judge of and concerning all and all manner of Actions Suits Judgments Executions Accounts Reckonings Trespasses Strifes Variance Quarels Controversies and Demands whatsoever had made moved stirred or depending between the said H. D. of the one part and the said O. L. on the other part from the beginning of the world until the day of the date of these presents So alwayes as the said Award c. of me the said Umpire for and concerning the premises be made and put into writing indented under my Hand and Seal on or before the c. as by the said several Obligations and their several Conditions more plainly appeareth Now know ye That I the said T. M. Umpire as aforesaid taking upon me the charge of the said Award and Arbitrement and having heard and viewed the sayings and allegations of either of the said Parties concerning the premises and minding to set an unity and friendship concerning the same do thereupon make and put in writing this award arbitrement determination and judgment between the said Parties for and concerning the premises in manner and form following that is to say First I do award arbitrate determine and judge by these presents That the said H. D. his Executors Administrators and Assigns shall well and truly pay c. That he the said H. D. shall on the c. at the Shop of c. Seal and as his absolute Deed deliver to the said O. L. or to his use a Release Acquittance and Discharge of and for all and all manner of actions suits judgments c. from the beginning of the world c. In witness c. A Lease made in consideration of the Surrender of a former Lease for a longer time with good Covenants THis Indeture made the c. Between I.B. of c. C. D. of c. and J. D. of c. on the one part and T. W. of c. on the other part witnesseth That the said J. B. C. D. and J. D. as well for and in consideration of the Surrender of one former Lease dated the c. made from the said J. B. C. D. and J. D. to H. W. Brother to the said T. W. as also in consideration of the sum of c. to the said J. B. in hand paid before the ensealing and delivery of these presents by the said T. W. the receipt whereof the said J. B. doth hereby acknowledge and thereof and of every part thereof doth acquit and discharge the said T. W. his Executors Administrators and Assigns by these presents have demised granted and to Farm-letten and by these presents do demise grant and to farm-let unto the said T. W. all those two Messuages or Tenements with the appurtenances and three-yard Land to the same belonging scituate lying and being in the Parish of c. late in the several tenures of the said H. W. deceased and of A. P. Widow and now in the Occupation of the said T. W. and the aforesaid A. P. together with the lops tops and shreds of all the hedg-rows and hedges growing in and upon eleven Roods of Land in a Field called Arzons Field and a furlong called B. furlong and also the lop and top of one hedge growing in and upon a Close called K. Close from the Gate by the Lane side and together likewise with Common of Pasture for twelve Kine and one hundred and twenty Sheep in the Commons and Fields of D. aforesaid and all other Fields Pastures Lands Meadows Feedings and Grounds whatsoever with the appurtenances of them the said I. B. C. D. and I. D. which late were in the Occupation of them the said H. W. and A. P. or either of them in D. aforesaid and together also with all Houses Edifices Buildings Barns Stables Orchards Gardens Back-sides Courts Wayes Easements Profits Commodities and Advantages whatsoever to the said two Messuages and other the premises belonging or appertaining except and alwayes reserved out of this Demise and Grant the bodies of all Trees of Oak Ash and Elm now growing or being or which hereafter shall grow and be in and upon the premises or in and upon any part or parcel thereof and also except one Barn called the great Barn and the Yard wherein the same standeth which late were in the the Possession or Occupation of G. B. Habend To have and to hold the said two Messuages Tenements Three-yard Land Houses Buildings Barns Stables Orchards Gardens and all other the premises with their appurtenances before by these presents demised and every part and parcel thereof except before excepted unto the said T. W. his Executors Administrators and Assigns from the Feast day of c. before the date of c. unto the full end and term of c. from thence next ensuing and fully to be compleat and ended if T. W. A. W. party to these presents Reddend G. W. Son of T. W. or any of them shall so long live yielding paying therefore yearly during the said term unto the said I.B. his Heirs and Assigns the sum of c. at two usual Feasts or Terms in the year That is to say at the Feast of To re-enter for non-payment of the Rent c. and at the Feast of c. by even and equal portions and if it shall happen the said yearly Rent of c. to be behind and unpaid in part or in all after either of the said Feasts in any year during the said term in which the same ought to be paid by the space of 28 dayes being lawfully demanded and no sufficient distresse to be had or found in or upon the demised premises That then and at all times afterwards it shall and may be lawful to and for the said I. B. his Heirs and Assigns and every of them into all and singular the said demised premises and every part and parcel thereof wholly to re-enter and the same to have again and enjoy as in his or their former estate and the said T. VV. his Executors and Assigns from thence utterly to expel and put out this Indenture or any thing before specified to the contrary notwithstanding And the said T. VV. party to these presents his Executors Administrators and Assigns shall and will from time to time and at all times hereafter during the continuance of this present Lease at his and their proper Costs and Charges well and sufficiently repair uphold sustain maintain and keep the said Messuages or Tenements and all the demised premises in good and sufficient reparations and the same so being well and sufficiently repaired upholden and kept in the end of the said term or other sooner determination of this Lease shall leave and yield up unto the said I. B. his Heirs or Assigns the said T. VV. from time to time having and taken by the assignment and appointment of the said I. B. his Heirs or Assigns sufficient Timber upon the said demised premises for the reparations of the same if any such Timber be
there to be had otherwise the said Timber to be found and reparations done as aforesaid at the proper Provisions Costs and Charges of the said T. VV. party to these presents his Executors and Assigns and that neither the said T. VV. his Executors or Assigns or his or their Under-Tenants shall commit any waste or strip any Trees Hedges Quick-sets Mounds or Fences upon the premises And the said I. B. for himself c. doth Covenant and Grant to and with the said T. VV. c. That the said two Messuages or Tenements Three-yard Land That the Premises are discharged of Incumbrances and all other the afore demised Premises with the Appurtenances and every part and parcel thereof now are and be and so from henceforth during the continuance of this present Lease shall be and continue clearly acquitted exonerated and discharged of and from all and all manner of former Bargains Sales Gifts Grants Joyntures Leases Annuities Rents Arrerages of Rents Statutes-Merchant and of the Staple Recognizances Judgments Executions Wills Intails Legacies Titles Troubles and Incumbrances whatsoever had made committed suffered or done or to be had made c. by the said I. B. or by the said G. B. deceased his Father I. B. his Grandfather and R. B. his Uncle or by any of them or by any of their Heirs c. or by any other person or persons or by or through their or any of their means act title consent or procurement one Lease heretofore made by the said G. B. of one Messuage or Tenement and other thing parcel of the premises before by these presents demised unto the said A. P. for and during the natural life of the said A. whereupon the yearly Rent of c. is reserved and shall be from henceforth during the continuance of the same Lease due and payable unto the said T. W. party to these presents his Executors Administrators and Assigns onely excepted and foreprized And further the said I. B. for himself his Heirs Executors and Administrators doth covenant c. That if at any time hereafter during the space of Ten years next ensuing the date of these presents To exchange a lease within Ten years the said T. W. or his Assigns shall be minded to exchange and put in one other life in the stead and place of any of them the said T. W. the Son of G. and A. W. the party put out being then living That then within three weeks next after request in that behalf made and payment of c. to the said I. B. in the consideration thereof he the said I B. his Heirs or Assigns shall and will at the costs and charges of the said T. W. party to these presents his Executors or Assigns make seal and deliver in due form of Law unto the said T. W. party to these presents his Executors and Assigns one other good and sufficient Lease for the residue of the said term which shall be then to come if any two of the persons before named and such other person as shall be then nominated and put in shall so long live and under the like Rents Covenants and Conditions as in these presents is expressed Mutatis Mutandis And further that the said T. W. party to these presents his Executors Administrators and Assigns and every of them under the Rents and Covenants herein before mentioned shall and may peaceably and quietly have hold possess and enjoy the said two Messuages or Tenements Three yard-land and all other the before demised premises with the appurtenances and every part thereof during the whole Term hereby granted if the said T. W. the Son of G. W. and A. W. or such other persons as shall be hereafter named with two of them in the stead and place of any of them so dying or exchanging shall so long live without the lawful let trouble eviction or contradiction of the said I. B. his Heirs or Assigns or of the Heirs Executors or Assigns of the said G. B. deceased or of any other person or persons whatsoever except only the said A. B. for her Lease before-mentioned And the said C. D. and I. D. for themselves and either of them severally and respectively and not the one for the other nor the others act and for their several Executors Administrators and Assigns do covenant promise and grant to and with the said T. W. party to these presents his c. That he the said T. W. his Executors Administrators and Assigns and every of them shall and may according to the tenour and true meaning of these presents peaceably and quietly have hold and enjoy all the said demised premises with the appurtenances and every part thereof free and clear and freely and clearly acquitted and discharged of and from all and all manner of former Bargains Sales Gifts Grants Leases Joyntures Dowers Uses Wills Intails Statutes Recognizances Judgments Extents and Executions and of and from all other Estates Titles Troubles and Incumbrances whatsoever had made committed suffered or done by them the said C. D. and I. D. or either of them or by any other person or persons by their or either of their means act title or procurement And lastly the said I. B. for himself c. that he the said I. B. his Heirs and Assigns and every of them For further assurance shall and will at all times hereafter and from time to time upon request made at the cost and charges in the Law of the said T. W. party to these presents his Executors or Assigns or some of them make do and execute or cause to be made done and executed all and every such further and other reasonable act and acts thing and things whatsoever for the further and more better assurance surety sure-making and conveying of the said demised premises with the appurtenances and every part thereof unto the said T. W. party to these presents his Executors and Assigns during the time aforesaid and in such manner and farm and upon such Rents Covenants and Conditions as is before herein mentioned according to the effect and true meaning of these presents as by the said T. W. his Executors or Assigns or by his or their Council learned in the Law shall be reasonably devised or advised and required In witness c. A Grant of an Extent penned by Mr. Thomas Bromley then Solicitor THis Indenture made c. between B. D. of c. and VV. D. of c. on the one party and T. B. G. B. and T. O. of c. on the other party VVitnesseth That whereas the Right Honourable E. Lord S. by the name of E. S. Esq Recitall of the Recognizances by one Recognizance bearing date c. taken knowledged and sealed before Sir R. D. Knight Lord Chief Justice of England according to the form of the Statute for the Recovery of Debts in that case provided standeth bound to the said I. D. in the sum of c. Payable c. as by the
c. That he the said H. V. his heirs and assigns shall and will permit and suffer the said A. V. and all and every other person and persons to whom the said Messuages Lands Tenements and other the premises or any part or parcel thereof shall happen to come or of right ought to come by reason of these presents peaceably and quietly to have hold occupy and enjoy all and singular the said Messuages Lands Tenements and Hereditaments before by these presents expressed and mentioned without any manner of let trouble eviction disturbance suit vexation or expulsion of the said H. V. his heirs or assigns or any other person or persons whatsoever lawfully having claiming or pretending to have any Estate or Title from by or under the said H. V. his heirs or assigns according to the intent form and true meaning of these presents In witness whereof c. A Lease of a Fee-Farm and certain Lands with necessary Covenants THis Indenture made c. between C. B. of c on the one part and T. W. of c. on the other part witnesseth That the said C. B. for divers good Causes and Considerations him thereunto especially moving Hath demised granted and to farm-letten and by these presents doth demise c. unto the said T. W. his Executors Administrators and Assigns all that his Messuage Tenement or Farm-house called W. with the appurtenances and all Houses Edifices Buildings Barns Stables Orchards Gardens Lands Tenements Meadows Feedings Pastures Profits and Commodities whatsoever to the said Messuage Tenement or Farm-house now belonging or appertaining and being now in the Tenure or Occupation of the said T. W. or of his Assignee or Assignees situate lying and being in the Parish of c. Except and alwayes reserved unto the said C. B. Exception his Executors and Assigns all and all manner of Woods Under-woods Hedges Rows and Timber-trees now standing growing and being or which hereafter shall stand grow or be in and upon the demised premises or in and upon any part or parcel thereof and also except and alwayes reserved unto the said C. B. his Executors and Assigns by the space and for the term of one whole year next before the end and expiration of the term of seven years and one half-year here-under granted the said Messuage Tenement or Farm-house and one Close or parcel of Ground called W. containing c. be it more or lesse Together with free liberty of ingresse egresse abiding and dwelling into out of from and upon the said Messuage Tenement and Farm-house and one Close called W. by and during the said space and term of c. next before the end and expiration of the said Term of c. Habend To have and to hold the said Messuage Tenement or Farm-house Houses Edefices Buildings Barns Stables Orchards Lands Meadows Feedings Pastures and other the demised premises and every part and parcel thereof except before excepted unto the said T. W. his Executors Administrators and Assigns from the Feast day of c. for and during the term of c. and fully to be compleat and ended Yielding and paying therefore yearly during the said term unto the said C. B. his Executors and Assigns the Rent of c. at four Feasts or Terms in the year most usual that is to say at Re-enter for non-payment c. by even equal portions And if it shall happen the said yearly Rent of c. or any part or parcel thereof to be behind and unpaid by the space of c. next over or after any of the said Feast-days in which the same ought to be paid being lawfully demanded That then and from thenceforth and at all times after it shall and may be lawful to and for the said C. B. his Executors Administrators and Assigns into the said Messuage Tenements or Farm-house Houses Edifices Lands Meadows Pastures and all the demised premises with the appurtenances and into every part and parcel thereof wholly to re-enter and the same to have again re-possess and enjoy as in his or their former estate And the said T. W. his Executors Administrators and Assigns and all other the Tenants and Occupiers of the said demised premises or any part or parcel thereof thereout and from thence utterly to expel amove and put out this Indenture or any thing herein contained to the contrary thereof in any wise notwithstanding And the said T. W. for himself doth covenant For Reparation c. in manner and form following That is to say that he the said T. W. his Executors Administrators and Assigns at his and their own proper Costs and Charges shall and will from time to time and at all times hereafter during the said Term of c. by these presents granted when and as often as need shall require well and sufficiently repair support sustain maintain and amend the said Messuage Tenement or Farm-house and all the Houses Edifices Buildings Barns and Stables thereunto belonging or appertaining with the appurtenances and every part and parcel thereof in by and with all and all manner of needful and necessary reparations whatsoever And also shall and will at all times hereafter and from time to time during the said term at his and their like costs and charges well and sufficiently hedge fence ditch enclose and amend all and singular the Hedges Fences Ditches and Inclosures belonging to the said demised premises in by and with all and all manner of hedging fencing ditching and enclosing when and as often as need shall require during the said term And as well the said Messuage Tenement or Farm-house Houses Edifices Buildings Barns and Stables with the appurtenances and every part and parcel thereof so well and sufficiently repaired As also the Hedges Fences Ditches and Inclosures aforesaid well and sufficiently supported and amended in the end of the said Term or other determination of this present Lease shall leave and yield up into the hands and possession of the said C. B. his Executors Administrators and Assigns And the said T. W. for himself his Executors Administrators and Assigns A Covenant for planting an Orchard doth covenant c. That he the said T. W. his Executors Administrators and Assigns shall permit and suffer the said C.B. and his Assigns to plant and make in and upon some convenient place of the demised premises one Orchard not exceeding the number of two acres of Land with such store of Fruit-Trees and other Trees as the said C. B. or his Assigns shall think meet and the same Orchard and Fruit-Trees so made and planted shall fence preserve and keep so much as in him shall be from spoil and hurt of Cattel and from all other harm and destruction And further that the said T. W. his Executors Administrators and Assigns shall at all times hereafter and from time to time during the said Term of c. find and allow unto G. B. widow A Covenant for finding Meat Drink
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-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
Farm Messuage or Tenement in S. M. aforesaid together with all and every the Houses Edifices Buildings Barns Stables Yards Gardens Orchards arable Lands containing by estimation sixty Acres be the same more or less and all Closes Meadows Pastures and Hereditaments to the said Messuage or Tenement belonging or in any wise appertaining with the appurtenances now or late in the Tenure or Occupation of the said A. B. or his Assigns and also all that Messuage or Tenement Houses Buildings Barns Stables Orchards Gardens arable Lands containing by estimation an hundred Acres be the same more or less Closes Meadows Pastures Lands Tenements and Hereditaments to the said Messuage or Tenements belonging oâ— in any wise appertaining scituate lying and being in S. M. aforesaid with the appurtenances heretofore in the Tenure or Occupation of C. D. and now or late in the Tenure or Occupation of T. W. or his Assigns and all those arable Lands containing by estimation thirty Acres be the same more or less and all those Closes Meadows Pastures Lands Tenements and Hereditaments with their and every of their appurtenances scituate and being in S. M. aforesaid now or late in the Occupation of c. or his Assigns and also all those twenty Acres of arable Lands Meadows and Pasture in S. M. aforesaid now or late in the Tenure or Occupation of W. H. or his Assigns Together with all and singular Wayes Easements Commons Common of Pasture Profits and Commodities whatsoever to the said Premises or any part thereof belonging or appertaining or therewith used and enjoyed or excepted reputed or taken as part or parcel or member thereof with their and every of their appurtenances To the use and behoof of the said V. W. for and during the term of his natural life without impeachment of or for any manner of strip oâ— waste and from and after his decease to the use and behoof of the said F. for and during the term of her natural life for her Joynture and in lieu and recompence of her Dower and Title of Dower and from and after the several deceases of them the said V. W. and F. his wife then to the use and behoof of the first Son of the body of the said V. W. on the body of the said F. lawfully begotten or to be begotten and of the Heirs males of the body oâ— such first Son lawfully to be begotten and for default of such Issue then to the use and behoof of the second Son of the body of the said V. W. on the body of the said F. lawfully begotten or to be begotten and of the Heirs males of the body of such second Son lawfully to be begotten and for default of such Issue to the use and behoof of the third fourth fifth sixth seventh eighth ninth tenth and every other Son on the body of the said F. lawfully begotten or to be begotten and of the Heirs males of the body of every such to be begotten Son lawfully to be begotten the eldest Son and the Heirs males of his body being alwayes preferred before the younger Son and the Heirs males of his body according to the seniority and priority of Birth and Age and for default of such Issue then as for and concerning all and singular the premises hereby limited and appointed to and for the Joynture and Livelihood of the said F. with their and every of their Appurtenances and the Reversion and the Reversions Remainder and Remainders thereof and of every part thereof to the use and behoof of the said A. B. J. P. and J. G. and their Assigns for and during the term of their natural Lives and the life of the longest Liver of them and from and after their decease and the decease of the Survivor of them to the use and behoof of the Executors Administrators and Assigns of the Survivor or Survivors of them the said A. B. J. P. and J. G. for and during and unto the full end and term of Sixty years from thence next ensuing and fully to be compleat and ended upon trust and confidence and to the Uses Intents and Purposes hereafter in and by these presents limited expressed and declared that is to say from and after the decease of them the said A. B. J. P. and J. G. and of the Survivor of them and from and after the end expiration and other determination of the said term of Threescore years as aforesaid then as for and concerning the Reversion and Reversions Remainder and Remainders of the said Messuage Lands Tenements and Premises so limited for Lives and Years aforesaid And as for and concerning all that the Mannor of S. M. aforesaid Mannor-house or Capital Messuage and all and every the Houses Edifices Buildings Barns Stables Yards Orchards Gardens Lands Closes Meadows Pastures Feedings Tenements and Hereditaments commonly called or known by the name of the Demeasn Lands of the Mannor of S. M. aforesaid scituate lying and being enclosed and invironed with a Ring-hedge near about the said Capital Messuage and for and concerning all other the Lands Closes Meadows Pastures Feedings Tenements and Hereditaments with their and every of their Appurtenances and the Reversion and Reversions Remainder and Remainders thereof whereof no Estate Use or Uses is or are herein formerly limited and declareâ— to the use and behoof of the said V. W. and his Assigns for and during the term of his natural Life without any impeachment of or for any manner of strip or waste and from and after his decease to the use and behoof of such person or persons for such Estate and Estates and for such use and uses and in such sort manner and form as the said V. W. by any his Deed or Deeds in writing intended sealed delivered and executed in the presence of three credible Witnesses at the least shall declare limit and appoint and until such declaration limitation or appointment then to the use and behoof of G. W. eldest Son of the body of the said V. W. and of the Heirs males of the body of the said G. W. lawfully begotten or to be begotten and for default of such Issue then to the use and behoof of R. W. second Son of the body of the said V. W. begotten and of the Heirs males of the body of the said R. W. lawfully to be begotten and for default of such Issue to the use and behoof of the third fourth fifth sixth seventh eighth ninth tenth and every other Son of the body of the said V. W. lawfully begotten or to be begotten and of the Heirs males of the body of every such to be begotten Son lawfully to be begotten the elder Son and the Heirs males of his body to take place and be preferred according to the seniority and priority of Birth and Age and for default of such Issue to the use and behoof of the Heirs of the said V. W. lawfully begotten or to be begotten and for default of such Issue to the use and behoof of the right
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
his wife their Heirs and Assigns by these presents in manner and form following that is to say That he the said J. W. at the time of the ensealing and delivery of these presents is and standeth lawfully and sufficiently seised of such a good perfect lawful and absolute and indefeazible estate of Inheritance in Fee-simple or Fee-tail and no Reversion or Remainder thereof in the Kings Majesty and to his and their own use and uses without any manner of condition or limitation of any other use or uses to alter change or determine the same estate of and in the said Mannor Lands Tenements and Hereditaments and all other the aforesaid premises before in and by these presents mentioned or intended to be granted aliened bargained and sold as he the said J. W. can and may lawfully and sufficiently grant convey and assure all and singular the said Mannor of H. Lands Tenements and Hereditaments and all other the aforesaid premises with all and singular the appurtenances unto the said R. B. his Heirs and Assigns for ever according to the true intent and meaning of these presents That the premises are discharged of Incumbrances And also the said J W. for himself c. doth covenant to and with the said R. D. and B. his wife and either of them their and either of their Heirs and Assigns by these presents That all and singular the said Mannor of H. Lands Tenements and all other the foresaid premises with the appurtenances before in and by these presents granted aliened bargained and sold and every part and parcel thereof at the time of ensealing and delivery of these presents are and be and at all times hereafter shall be remain and continue clearly acquitted exonerated and discharged or otherwise upon request sufficiently saved and kept harmless of and from all and all manner of former Bargains Sales Gifts Grants Leases Rents Charges and Arrerages of Rents Duties Titles Troubles and Incumbrances whatsoever had made committed suffered or done or to be had made c. by the said J. W. his Heirs or Assigns or by any other person or persons whatsoever by his or their means acts titles consents and procurements except our Lease c. And also that they the said R. D. and B. his wife and either of them their and either of their Heirs and Assigns and every of them shall and may at all times hereafter and from time to time for ever according to the true intent and meaning of these presents peaceably lawfully and quietly have hold use occupy possess and enjoy all and singular the said Mannor of A. Lands Tenements and all other before bargained premises with all and singular their appurtenances before in and by these presents mentioned to be granted aliened bargained and sold and every part and parcel thereof without any manner of lawful let suit trouble eviction or disturbance of the said J. W. or his Assigns or of any other person or persons whatsoever claiming or lawfully having or which shall hereafter have any manner of Estate Right Title Charge or Interest of in or to the said Mannor and all other the premises or of in or to any part or parcel thereof by from or under the said J. W. his Heirs or Assigns all such persons as do claim by force of the Lease before excepted onely excepted And furthermore that the said Mannor of H. and all other the aforesaid premises or any part or parcel thereof are not holden of his Majesty in Capite whereby any Licence of Alienation shall be needful to be had or sued forth for the bargaining sale conveying and assuring of the said Mannor and other the premises unto the said R. D. and B. their Heirs and Assigns Nor that the said R. D. his Heirs or Assigns shall at any time or times hereafter be Ward or Wards unto our said Soveraign Lord the Kings Majesty his Heirs and Successors for or in respect of the said Mannor of c. and all other the premises or any part or parcel thereof And also the said J. W. for himself his Heirs Covenant for further assurance Executors and Administrators doth Covenant c. That the said J. W. and M. now his wife and the Heirs and Assigns of the said L. and all and every other person and persons whatsoever now having or lawfully claiming or which shall hereafter rightfully claim any manner of Estate Right Title or Interest of in and to the said Mannor and all other the said premises or any part or parcel thereof by from or under the said J. W. his Heirs and Assigns except such person or persons as shall claim by force of Lease before excepted shall and will at all times hereafter for and during the term of three years next ensuing the day of the date of these presents do make acknowledge execute and suffer or cause to be made done acknowledged executed and suffered all and every such further lawful act and acts thing and things device and devices conveyances and assurances in the Law whatsoever with warranty against him the said J. W. and his Heirs for the further and more assurance and sure-making of the said Mannors Lands Tenements and of all and singular other the premises with the appurtenances and every part and parcel hereof to be had and made sure unto the said R. D. and B. their Heirs and Assigns for ever absolutely without any manner of Condition or other Limitation be it Fine or Fines with Proclamation with Warranty against him the said J. W. his Heirs and Assigns recovery with double and single Voucher or Vouchee Deed or Deeds enrolled the Enrolment of this present Feoffment with warranty against him the said J. W. his Heirs or Assigns release with confirmation with the like warranty or without warranty or by any or as many of the devices wayes and means aforesaid as by the said R. D. and B. or either of them their Heirs or Assigns or by their or any of their Council learned in the Law shall be reasonably devised or advised and required at the onely Costs and Charges of the said R. D. and B. their Heirs and Assigns so that the said I. nor M. his wife be not compelled to travell from his or their Homes or usual places of abode further than the Cities of London and Westminster If the Buyer be lawfully evicted within 12 years the Seller's to pay 51. an Acre about the same assurances And moreover the said J. W. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said R. D. and B. and either of them and to and with the Heirs and Assigns of either and every of them by these presents in manner and form following that is to say That if it shall happen at any time within twelve years next after the date hereof the said R. D. and B. and either of them their or either of their Heirs or Assigns to be lawfully evicted of
T. his Executors Administrators and Assigns and every of them by these presents That the said Sir W. T. his Executors Administrators and Assigns shall and may lawfully peaceably and quietly have hold occupy possess and enjoy all and singular the premises before by these presents demised and every part and parcel thereof with their and every of their rights members and appurtenances without the lawful let suit trouble eviction expulsion interruption or demand of or by the said Sir T. B. and M. H. or the Heirs or Assigns of either of them or of or by any other person or persons lawfully claiming from by or under them or any of them or their or any of their uses or by from or under their or any of their title estate means or procurement as also acquitted and discharged or within convenient time after reasonable request thereof to be made well and sufficiently saved and kept harmless of and from all and all manner of former or other Bargains Sales Estates former Leases Titles Dowers Rights Titles of Dowers Joyntures Uses Entails Wills Rent-Charges Rent-Services Arrerages of Rents Statutes Recognizances Judgments Executions Titles Troubles Charges and Demands whatsoever had made done committed or willingly and wittingly suffered by the said Sir T. B. and M. H. their Heirs or Assigns or any of them or of or by any other person or persons whatsoever lawfully claiming by from or under them or any of them or to their or any of their uses or by their or any of their titles estates means or procurement In witness whereof the Parties first above-named to these present Indentures have interchangeably set their hands and seals the day and year first above written An Indenture of re-demise of the former demised premises to the same Parties reserving the Rent of 250 l. with a Proviso that the same shall cease upon the payment of the sum of Money in the former Demise specified THis Indenture made the c. day of c. between Sir VV. T. of G. in the County of N. Knight of the one part and Sir T. B. of D. in the County of N. Knight and Baronet and M. H. of D. aforesaid in the said County of N. Gentleman Servant of the said Sir T. B. of the other part VVitnesseth That the said Sir VV. T. as well for and in consideration of the yearly Rent hereunder reserved well and truly to be contented and paid in manner and form hereunder expressed As also for divers other good Confiderations him at this present thereunto especially moving Hath demised granted and to farm-letten and by these presents doth demise grant and to farm-let unto the said Sir T. B. and M. H. and the Executors Administrators and Assigns of the said Sir T. B. all those several Closes or parcels of Lands Meadows Pastures and Arable called or known by the 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 so go on as in the demise All and singular which said Closes and parcels of Lands are scituate lying and being within the Fields Patishes Precincts and Territories of H. alias H. in the County of L. and are part and parcel or reputed and taken to be part and parcel of the Mannor of H. alias H. aforesaid And also all and singular Messuages Tenements Buildings Orchards Gardens Commons Common of Pasture VVaters Fishings VVoods Under-woods Trees Bushes Fences Free-boards VVayes Easements and all other Rights Jurisdictions Priviledges Franchizes Liberties Profits Commodities Emoluments and Hereditaments whatsoever growing being arising 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 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 T. B. and M. H. and the Executors Administrators and Assigns of the said Sir T. B. from the first of May last past before the date hereof unto the full end and term of Nine hundred ninety and nine years from thence next and immediately ensuing and fully to be compleat and ended Yielding and paying therefore yearly during the said term unto the said Sir VV. T. his Executors Administrators and Assigns at or in the South-porch of the Parish-Church of D. aforesaid the sum of Two hundred and fifty pounds of current English Money at two usual Feasts or Terms of the year that is to say at the Feast of Philip and Jacob and All-Saints by even and equal portions And if it shall happen the said yearly Rent of c. or any part or parcel thereof to be behind and unpaid after either of the aforesaid Feast-dayes of payment in which the same ought to be paid by the space of fifteen dayes that then and from thenceforth it shall and may be lawful to and for the said VV. T. his Executors Administrators and Assigns and every of them in 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 appurtenances wholly to re-enter re-possess re-enjoy have again and detain as in his and their former Estate this Indenture or any thing therein contained to the contrary thereof in any wise notwithstanding Provided alwayes and it is covenanted Proviso condescended unto concluded and agreed by and betwixt all the Parties in these presents That if the said Sir T. B. his Executors Administrators and Assigns upon half a years warning thereof by writing under his or their Hands before-hand to be given by the said Sir T. B. his Executors Administrators or Assigns unto the said Sir VV. T. his Executors Administrators or Assigns shall and will at or on the first day of May or the Feast of All-Saints during the said term in and hereby demised at or in the place aforesaid pay or cause to be paid unto the said Sir VV. T. his Executors Administrators or Assigns at one whole and entire payment the sum of Five hundred pounds of current English Money over and besides the said Rent above reserved at such day or dayes as before in these presents are limited and appointed to and for the payment of the said Rent before reserved that then from and after such payment or payments of every of the said sum or sums of five hundred pounds as aforesaid endorsed upon both parts of these Indentures and subscribed by the said Sir VV. T. his executors administrators or assigns for every five hundred pounds that shall be paid as aforesaid the full and entire sum of fifty pounds of the said two hundred and fisty pounds Rent reserved as aforesaid shall cease and be determined the said reservation or any thing in these Indentures contained to the contrary thereof in any wise notwithstanding
the said Indenture of Lease demised Together also with the said yearly Rent of c. thereby reserved and the counter-part of the same Indenture of Lease under the Hand and Seal of the said c. To have hold possess and enjoy the said Reversion and Rent of c. and every part thereof unto the said A. B. his Executors Administrators and Assigns from the day of the date of these presents forwards for and during all the residue of the aforesaid term of c. yet to come and unexpired Yielding and paying therefore yearly during the said term unto the said W. B. his Executors or Assigns at the Feasts of c. only one Pepper-corn if the same shall be lawfully demanded And the said W. B. for himself c. that he the said W. B. at the time of the ensealing and delivery of these presents is the true perfect and lawful Owner and Possessor of the said demised reversion and rent And is at the ensealing and delivery of these presents lawfully and absolutely possessed thereof And that he the said W. B. hath sull Power good Right true Title and lawful Authority to demise and grant the said reversion and rent of c. unto the said A. B. his Executors Administrators and Assigns for and during all the rest and residue of the said term of c. in manner and form aforesaid according to the true intent and meaning of these presents And further that the said W. B. his Heirs Executors Administrators and Assigns and every of them from time to time and at all times hereafter during the said term shall and will clearly exonerate acquit discharge save and keep harmless as well the said A. B. his Executors Administrators and Assigns as the said demised Reversion and Rent of and from all former and other Bargains Sales Gifts Grants Leases Forfeitures Titles Claims Demands and Incumbrances whatsoever And moreover the said W. B. for himself c. That the said yearly Rent of c. shall continue remain and be from henceforth during the rest and residue of the said term yet to come and unexpired before mentioned due and payable unto the said A. B. his Executors Administrators and Assigns according to the said Indenture of Lease and the tenor effect and true meaning of these presents In witness c. Note that the Tenant must Attorn or nothing passeth c. An Annuity or yearly Rent-Charge THis Indenture made c. between A. B of c. Gentleman on the one part and C. D. of c. on the other part Witnesseth That the said A. B. for and in consideration of the sum of c. to him in hand paid before the ensealing and delivery hereof by the said C. D. the Receipt whereof he the said A. B. doth acknowledge and thereof and of every part and parcel thereof doth acquit exonerate and for ever discharge the said C. D. his Executors c. by these presents hath given granted and confirmed and by these presents doth give grant and confirm unto the said C. D. one annuity or yearly rent-charge of c. to be had taken perceived and received and to be issuing and going out of and in all and singular the Messuages Lands Tenements and Hereditaments whatsoever of the said A. B. as well in c. as elsewhere within the Realm of England to be paid at four Feasts or Terms in the year that is to say at the c. by even and equal portions the first payment thereof to be made and begin on the c. To have hold receive perceive take and enjoy the said Annuity or yearly Rent-charge of c. unto the said C. D. his Executors Administrators or Assigns to be paid at the four Feasts aforesaid in form before declared from the day of the date of these presents unto the full end and term of c. And if it shall happen the said Annuity or yearly Rent of c. to be behind and unpaid in part or in all after any of the said Feast dayes or Terms of payment thereof as aforesaid in which it is appointed to be paid That then and so often as the same or any part thereof shall so be behind and unpaid the said A. B. granteth and agreeth for himself his Heirs Executors Administrators and Assigns to and with c. that it shall and may be lawful to and for the said C. D. his Executors Administrators and Assigns and every or any of them into all and singular the said Messuages Lands Tenements and Hereditaments of the said A. B. as well in c. aforesaid as elsewhere within the Realm of England to enter and distrain both for the Annuity aforesaid and the Arrerages thereof if any be and the Distress and Distresses there from time to time found and taken to bear lead drive take and carry away and the same to with-hold detain keep and impound until the same Annuity or yearly Rent-charge of c. and the arrerages thereof if any such shall be the said C. D. his c. be fully satisfied contented and paid And the said A. B. hath put the aforesaid C. D. in full possession of the said Annuity or yearly Rent-charge of c. in form as aforesaid to be had received and taken by the delivery and payment of the sum of c. which the said A. B. hath at the ensealing and delivery of these presents given and delivered unto the said C. D. in name of possession of the said Annuity and the said A. B. for himself c. that the said A. B. his c. shall and will from time to time and at all times during the said term of c. well and truly pay or cause to be paid to the said C. L. his c. or some of them the said annuity or yearly rent of c. in manner and form aforesaid and according to the true intent and meaning of these presents In witness whereof c. An Indenture of Apprentiship THis Indenture witnesseth That E. B. Son of J. B. late of c. of his free and voluntary will hath put himself Apprentice to R. W. C. and c. the Science or Trade which he now useth to be taught and with him after the manner of an Apprentice to dwell and serve from the Feast of c. unto the full end and term of c. from thence next ensuing and c. By all which term of c. the said Apprentice the said E. B. well and truly shall serve his Secrets shall keep close his Commandements lawful and honest every where he shall gladly do hurt to his said Master he shall not do or suffer to be done to the value of twelve pence or more by the year but shall let if he may or else immediately admonist his said Master thereof the Goods of his said Master he shall no inordinately waste nor them to any body lend At Dice or at any other unlawful Game he shall not
play whereby his Master may incur any hurt Fornication in the house of his said Master or elsewhere he shall not commit Matrimony he shall not Contract Taverns he shall not frequent with his own proper Goods or any others during the said term without the special licence of his Master he shall not Merchandize from the Service of his said Master day nor night he shall not absent or prolong himself but in all things as a good and saithful Apprentice shall bear and behave himself towards his said Master and Mistress and all his during the term aforesaid And the said R. B. to his said Apprentice the Science or Art which he now useth shall teach and inform or cause to be taught and informed the best way that he may or can and also shall find to his said Apprentice Apparel Meat Drink and Bedding and all other Necessaries meet and convenient for an Apprentice for and during the term aforesaid In witness c. A Bargain and Sale of a Mannor THis Indenture made c. between J. H. of c. and R. B. of c. Esquires on the one part and W. of c. on the other part Witnesseth That whereas T. H. of c. Father of the said I H. by his Writing or Deed indented bearing date the c. in the Sixteenth year of c. for the considerations therein expressed did demise grant and to farm-let unto the said I. H. his said Son c. all those three-yard-Three-yard-lands with the appurtenances in W. aforesaid being or being accounted to be the ancient Demeasn Lands of the Mannor of W. heretofore purchased by the said T. H. of R. S Esq and also all that his yard or half of Land being in W. aforesaid then lately purchased of one H. H. with all Hades Leyes-Banks Let-grass Commons Profits Wayes Easements Commodities and Appurtenances c. thereunto belonging and all that Dove-house Close and new Orchards in W. aforesaid to the said c. belonging or appertaining or therewith used occupied or enjoyed as in c. except c. To have and to hold the said Three-yard-lands Close Orchard and all other the premises except before excepted unto the said I. H. his Executors and Assigns for and during and unto the full end and term c. from thenceforth next and immediately ensuing if the said T. H. and his Assigns so long live for and under the c. payable as by the said Deed or Writing indented relation being thereunto had more at large it will and may appear And whereas further the said T. H. by one other Writing or Deed indented bearing date c. for and in consideration of the natural love and fatherly affection that he the said T. H. did bear to the said J. H. and to the Children of the said J. H. being his Grand-children and for the setling of the Mannors Lands Tenements and Hereditaments in the said Deed indented expressed in his Name and Blood did in and by the said last mentioned Deed indented covenant and grant for himself and his Heirs to and with the said J. H. and his Heirs that the said T. H. and his Heirs should and would immediately from thenceforth stand and be seized of and in all that the Mannor or reputed Mannor of W. in the County of O. and of and in all that the Capital Messuage of W. in the County of O. wherein the said T. H. then dwelt with all and singular their and every of their Rights Rents Quit-rents Members and Appurtenances whatsoever And of and in all those Three-yard-lands called or known by the name of the Ancient-Demeasn-Lands of the said Mannor and of and in all that yard and half of Land lying in W. aforesaid which the said T. A. had lately purchased as aforesaid is expressed And of and in all and singular Messuages Lands Tenements and Hereditaments of the said T.H. in W. aforesaid the advowson of the C. of W. aforesaid excepted to the use and behoof of the said T. H. for and during his natural life without impeachment of or for any manner of waste and after his decease to the use and behoof of the said J. H. and his heirs for ever as by the said last mentioned Indenture acknowledged and enrolled in his Majesties High and Honourable Court of Chancery more at large it will and may appear By force and vertue of which said recited Indenture of Lease he the said J. H. is in and upon the said premises entred and was and is by force of the said recited Indenture and by force of the Statute made the c. in the c. for the transferring of uses into possession as well of the said term of three-score years as of the said remainder expectant after the death of the said T. H. possessed and seized And he the said J. H. being so of the said premises possessed and seized did afterwards by his Indenture bearing date c. and enrolled in the high Court of Chancery for the consideration therein expressed give grant bargain sell assign set over and confirm unto the said R. B. his Executors c. all singular the before mentioned premises with the appurtenances and every part and parcel thereof as in and by the said last mentioned Indenture whereunto relation being had more fully and at largâ— it doth and may appear Which said Bargain and Sale was and is upon condition that if the said J H. c. should or did pay c. on the c. at or in the c. unto the said R. B. his c. That then the said Indenture of Bargain and Sale to be void as in and by one Indenture made between the said J. H. on the one part and the said R. B. on the other part bearing date c. to which reference being had more at large it doth and may appear Now this Indenture further witnesseth That the said J. H. and R. B. for and in consideration of the sum of c. to them by the said W. P. before the ensealing and delivery of these presents well and truly in hand paid whereof and wherewith the said J. H. and R. B. do acknowledge themselves to be fully satisfied contented and paid and thereof and of every part and parcel thereof c. have granted bargained sold assigned set over and confirmed and by these presents do fully clearly and absolutely grant bargain sell assign set over and confirm unto the said W. P. his c. not onely the said recited Indenture of Lease and all their estate right title interest and term of years therein yet to come and unexpired but also all the said Mannor of W. and Capital Messnage in the said County of O. with the appurtenances Together with the said Three-yard Land called by the name of the ancient Demeasn Lands of the said Mannor And also all that yard and half of Land in W. aforesaid which the said T. H. purchased of the said H.H. as aforesaid And
also all and singular Out-houses Barns Stables Dove-houses Yards Orchards Gardens Lands Meadows Pastures Feedings Commons Common of Pasture Woods Under-woods Water Water-courses Fishings Wayes Easements Profits Commodities and Hereditaments whatsoever to the said Mannor of W. and other the premises aforesaid or to any part or parcel thereof belonging or in any wise appertaining or therewithall now used occupied or enjoyed as part parcel or member thereof and all the Lands Tenements and Hereditaments whatsoever to the said J. H. belonging lying and being in W. aforesaid and the said remainder expectant upon the death of the said T. H. and all and every other Reversion and Reversions Remainder and Remainders of the said bargained premises and of every part and parcel thereof and the Rent and Rents and yearly Profits whatsoever reserved upon whatsoever Demise Lease Estate or Grant Demises Leases Estates or Grants heretofore made of the before bargained premises or any part or parcel thereof Together with all Evidences Charters Escripts Monuments and Writings toâ—ching or concerning the premises which he the said J. H. hath or may come by without Suit in Law To have and to hold the said Mannor of W. Lands Tenements and all and singular other the premises above-mentioned to be hereby bargained and sold with the appurtenances and every part and parcel thereof and all the estate right title interest term and terms of years Reversion Remainder Claim and Demand whatsoever of the said J. H. and R. B. and of either of them or of any other person or persons whatsoever in and to the same unto the said W. P. his Heirs Executors Administrators and Assigns to the sole and proper use and behoof of the said W. P. his Heirs c. for ever And the said J. H. and R. B. for themselves severally and respectively and for their several and respective Heirs c. all and singular the before bargained premises with the appurtenances and every part and parcel thereof unto the said W. P. his Heirs Executors Administrators and Assigns to the use and behoof aforesaid shall and will warrant and for ever defend by these presents In witness c. An Indenture of Defeizance for the making void of all former Statutes payment of a sum of c. and performance of Covenants c. THis Indenture made the c. between A. B. of c. on the one part and E. A. of c. on the other part witnesseth That whereas the said E. A. in and by one Recognizance or writing Obligatory of the nature of a Statute-Staple lately made and provided for the recovery of Debts bearing date c. taken sealed acknowledged and entred into before Sir T. R. Lord Chief-Justice of England is and standeth bounden unto the said A. B. in the sum of c. payable as in and by the said Recognizance or Writing Obligatory of the force of a Statute-Staple more fully and at large it doth and may appear It is now nevertheless covenanted granted concluded and agreed by and between the said Parties to these presents and the true intent and meaning of these presents and of the Parties hereunto is and the said A. B. is contented and pleased That if the said E. A. his Heirs Executors and Assigns do or shall at or before the c. discharge and clearly make void upon Record as well all and every Statutes-Merchant and of the Staple as also all Recognizances heretofore acknowledged and entred into by the said E. A. either by himself alone or joyntly with any other person or persons the Statute above recited onely excepted And thereof bring deliver and leave Certificates under the hands of the Clerks of the several Offices or their Deputies in that behalf at or in the c. to and for the said A. B. his Executors or Assigns at or before the c. day of c. next ensuing And also if the said E. A. his Heirs Executors Administrators or Assigns or any of them do well and truly pay or cause to be paid unto the said A. B. his Heirs or Assigns or to some or one of them the full sum of at or in c. in manner and form following that is to say the sum of c. on the c. and the sum of c. on the c. in full satisfaction and payment of the sum of c. And also if the said E. A. his Heirs Executors and Assigns do and shall well and truly observe perform fulfil accomplish and keep all and singular the Covenants Grants Articles and Agreements which on his and their parts and behalfs are or ought to be observed performed fulfilled accomplished and kept comprized and specified in one pair of Indentures bearing date c. made between the said E. A. of the one part and the said A. B. on the other part according to the true intent and meaning of the said Indentures that then the said Recognizance or Writing Obligatory above recited or mentioned shall be utterly void and of none effect otherwise the same shall stand and abide in full force c. A Release of Lands upon performance of Articles TO all Christian people c. I E. J. of c. send greeting in our Lord God everlasting Know ye That I the said E. J. as well in consideration of the full performance of certain covenants and agreements mentioned and expressed in one pair of Indentures bearing date c. last past c. made between me the said E. J. on the one part and Sir H. W. c. as also for divers other good Causes and Considerations c. have remised released and for ever quit-claimed and by these presents do for me my Heirs and Assigns and every of us freely clearly and absolutely remise release and for ever quit-claim unto the said Sir H. W. his Heirs and Assigns for ever in his and their full and peaceable possession seizin and being all the Estate Right Title Interest Possession Reversion Claim and Demand whatsoever which I the E. I. now have may might or ought to have or which I or my Heirs at any time hereafter shall or may have might or ought to have or claim of in or to all those the Rectories of B. c. and also of in and to all and singular Messuages Mills Lands Tenements c. to the said c. belonging or appertaining To have and to hold the said Rectories c. unto the said Sir H. W. his Heirs and Assigns to his and their own proper use and behoof for ever so as neither I the said E. I. nor my heirs shall or may at any time hereafter ask claim challenge or demand any right title interest claim or demand whatsoever of in or to the premises before mentioned or of in or to any part or parcel thereof but thereof and therefrom shall be utterly ' debarred and for ever secluded by these presents And I the said E. I. and my heirs the said Rectories and all and singular
to deliver and Pleas and Prosecutions against them and every of them to sustain and maintain according to the course of the Law and upon the receipt of the said sum of c. or any part thereof acquittance or other Discharges for him and in his name to make seal and deliver and one Attorney or more under him to substitute and at his pleasure to revoke and all and every other act and acts thing and things device and devices in the Law whatsoever needful or requisite to be done in or about these premises for him and in his name to do execute and perform as fully largely and amply in every respect as he himself might or could do if he were personally present ratifying allowing and holding firm and stable all or whatsoever his said Attorney or his Substitute lawfully authorized shall lawfully do or cause to be done in or about the execution of the premises by these presents And the said T. R. for himself c. that he the said T. R. his Heirs Executors and Administrators and every of them at all time and times hereafter upon the reasonable request or notice to him given and at the Costs and Charges in the Law of the said R. D. his Executors Administrators or Assigns or some of them shall and will maintain justifie and avow with effect all and every such Action or Actions Writ or Writs Pleas Process Judgments and Executions whatsoever which by the said R. D. his Executors Administrators or Assigns shall at any time hereafter be lawfully sued commenced had or brought in his name against the said H. E. his Heirs Executors Administrators or any of them upon or by reason of the Obligation above mentioned or of any sum or sums of money therein mentioned or contained And also that he the said T. R. hath not at any time heretofore neither he his Executors or Administrators or Assigns or any of them at any time hereafter shall or will remise release or otherwise discharge the said H. F. his Heirs Executors or Administrators or any of them of the said Obligation above-recited nor yet of any sum or sums of money therein contained without the special licence consent or agreement of the said R. D. his Executors Administrators or Assigns or some of them thereunto first had and obtained in writing under his or their Hands and Seals and that all the benefit and commodity that shall be recovered obtained or gotten by means of any such Action Suit Plaint Judgment or Execution shall redound come and be to the onely use and behoof of the said R. D. his c. without any account or other thing therefore to be yielded or done to the said Sir T. R. his c. or any of them In witness c. A Letter of Attorney-General to receive Debts and Rent KNow all men by these presents That I A. W. of c. have assigned ordained and made and in my stead place by these presents put and constitute my truly and well-beloved servant H. H. of c. to be my true and lawful Attorney for me and in my name and to my use to ask sue for levy require recover and receive all and every such Debts Rents and sums of Money as now are due unto me or which at any day or dayes time or times hereafter shall be due owing belonging or appertaining unto me by any manner of wayes or means whatsoever from any person or persons whatsoever giving and granting unto my said Attorney by these presents my full and whole power strength and authority in and about the premises and upon the receipt of any such Debts Rents and sums of Money aforesaid Acquittances or other Discharges for me and in my name to make seal and deliver and all and every other act and acts thing and things device and devices in the Law whatsoever needful and necessary to be done in or about the premises for the recovery of all or any such Debt Rents or sums of Money as aforesaid for me and in my name to do execute and perform as fully largely and amply to every respect to all intents constructions and purposes as I my self might or could do if I were personally present ratifying allowing and holding firm and stable all and every such act and acts In witness c. A Short Letter of Attorney for the setting over of a Bond forfeited KNow all men c. That I H. H. of c. have made ordained constituted and appointed and by these presents do make ordain constitute and appoint my trusty and well-beloved Friend W. M. of c. to be my true and lawful Attorney for me and in my stead and name and to his own use to ask levy recover demand and receive of T. M. and N. L. of c. Gentlemen and either of them their and either of their Executors and Administrators the sum of c. which they have forfeited and from me unjustly do detain and keep for non-payment of the sum of c. at a certain day past as by one Obligation with Condition thereupon endorsed bearing date c. more at large it doth and may appear Giving and by these presents granting unto my said Attorney my fall power and authority in all things touching this my present business and in my name to commence and prosecute any Action or Actions Suit or Suits for the recovering and getting of the said sum of c. and every or any part or parcel thereof and Attorney or Attorneys in that behalf to constitute and make and upon receipt thereof or of any part thereof acquittances or other lawful discharges in my stead and name to make seal and deliver ratifying and allowing by these presents all and whatsoever my said Attorney or his Assigns shall for obtaining and recovery of the said sum of c. or any part thereof do or cause to be done in my stead and name And also I the said H. H. do covenant and promise by these presents That I the said H. H. have not released nor will release the said T. M. and N. c. of the said Bond nor of the penalty therein contained nor countermand this present Letter of Attorney nor the authority thereby granted nor any suit act or proceeding at any time hereafter by vertue of these presents to be brought or done In witness c. A Letter of Attorney to take possession of Lands delivered by a Sheriff upon an Extent KNow all men by these presents That I A. B. c. Esq have made ordained constituted and by these presents put and appointed my well-beloved Friend C. D. to be my true and lawful Attorney for me and in my stead and name to enter into the Mannor of H. with the appurtenances in the County of L. and now in the Tenure or Occupation of c. of the yearly value of c. and full and peaceable possession and seizin thereof for me and in my stead and name and to my use
stand and abide in full force and vertue In witness c. A Defeazance upon a Judgment THis Indenture made c. between A. B. of c. and W. C. of c. witnesseth That whereas the said A. B. hath in Trinity term last recovered against W. C. the sum of c. besides Costs of Suit in his Majesties Court of Common-Pleas at Westminster and thereupon had Judgment against the said W. C. as by the Record thereof remaining in his Majesties said Court more at large it doth and may appear Nevertheless the said A. B. is contented and pleased and doth covenant and grant by these presents for him his Heirs Executors and Administrators to and with the said W. C. his Heirs Executors and Administrators That if the said W. C. his Heirs Executors Administrators or Assigns do and shall well and truly pay or cause to be paid to the said A. B. his Executors or Assigns the full sum of c. at or in the c. That then and in the mean time he the said A. B. his Executors Administrators or Assigns shall not take out any Execution against the said W. C. his Goods Chattels Lands or Tenements And that upon payment of the said sum of c. at the day and place above-named for payment the said A. B. his c. at the request costs and charges in the Law of the said W. C. his Executors Administrators or Assigns shall and will acknowledge satisfaction upon Record of and for the said Judgment so as he the said W. C. do make unto the said A. B. his Executors and Administrators good lawful and sufficient releases of Errors and of all Mis-prisions Desaults and Imperfections had committed omitted or perpetrated in or about the said Judgment or Recovery or any Entries Pleas Pleadings Process Proceedings or other matter touching or concerning the same In witness c. A Defeazance upon a Mortgage of Lands formerly forfeited THis Indenture made the c. between R. T. of c. on the one part and E. F. of c. of the other part witnesseth That whereas the said E. F. by his Indenture bearing date c. for the considerations therein mentioned did give grant bargain sell and confirm unto the said R. T. his Heirs and Assigns all that the Mannor of c. with the right members and appurtenances thereof in the County of c. and also divers other Lands Tenements and Hereditaments in the same Indenture specified in which said Indenture there is contained a Condition or Proviso to this effect following That is to say That if the said E. F. his Heirs Executors or Assigns or any of them do truly pay or cause to be paid unto the said R. T. his Executors Administrators or Assigns the full sum of c. at or in c. that then and from thenceforth from and after such full payment had and made in manner aforesaid the said recited Indenture and every the Covenants Grants Articles and Agreements therein contained shall be utterly void and of none effect as by the said Indenture amongst divers Covenants Grants Articles and Agreements therein contained may more at large appear Which said sum of c. was not paid at the day and place of payment before limited for the payment thereof according to the tenour of the said Proviso or Condition By reason whereof the said Mannor Lands and other the premises in the said Indenture mentioned are absolutely vested and sealed in the said R. T. yet nevertheless the said R. T. is contented and pleased and doth covenant and grant to and with c. that if the said E. F. his Heirs Executors Administrators c. or any of them do well and truly content and pay or cause to be paid unto the said R. T. his Executors Administrators or Assigns the full sum of c. on the c. at or c. That then upon the said payment of the said sum of c. in manner and form aforesaid and from thenceforth the said recited Indenture of Bargain and Sale made of the said Mannor and other premises shall be utterly void and of none effect the breach made in non-payment of the said sum of c. in the Proviso of the said Indenture mentioned or any other grant or thing therein contained to the contrary thereof in any wise notwithstanding And that also upon full payment of the said sum of c. that at any time or times after within the space of seven years then next following He the said R. T. his Heirs and Assigns shall and will at the reasonable request costs and charges in the Law of the said E. F. his Heirs and Assigns grant convey and assure unto the said E. F. for ever the said Mannor of c. with the appurtenances and all and singular other the premises in and by the said recited Indenture granted as aforesaid in such manner and form as by the said E. F. his Heirs or Assigns or his or their Council learned in the Law shall be reasonably devised or required so as in the said conveyance and assurance so to be made by the said R. T. his Heirs and Assigns there be no further or other warranty than only against him and his Heirs And so as also the said R. T. his Heirs or Assigns be not compelled to travel further than the Cities of London or Westminster for the doing and executing of the same assurance And also that he the said R. T. his Heirs Executors or Assigns shall and will deliver or cause to be delivered unto the said E. F. his Heirs or Assigns within six Moneths next after such payment made all and every the Deeds Evidences and Writings which the said R. T. hath touching or concerning the premises safe whole uncancelled and undefaced In witness c. A Bill of Sale with a Proviso That if the Money with allowance be paid by a day then to be void BE it known unto all men by these presents That I A. B. of c. for and in consideration of the sum of 10 l. to me in hand paid at the ensealing and delivery of these presents by C. D. of c. Have bargained and sold and in plain and open Market according to the Custom of the City of London Have delivered unto the said C. D. these several parcels hereafter mentioned viz. c. To have and to hold the said several parcels and every of them bargained and sold as aforesaid unto the said C. D. his Executors Administrators and Assigns to the only proper use and behoof of the said C. D. his Executors Administrators and Assigns for ever Provided alwayes that if I the said A. B. my Executors Administrators or Assigns do well and truly content and pay or cause to be paid unto the said C. D. his Executors Administrators or Assigns the full fum of 10 l. 10 s. of c. on c. next ensuing the date hereof at or in the c. that then
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
doth for himself his c. covenant promise and grant to and with the said C. D. his c. and every of them by these presents That if the said C. D. his c. or any of them shall at any time or times hereafter during the time and term by these presents granted desire to depart from the said Messuage or Tenement and Premises hereby demised and to surrender and yield up the same Premises unto the said A. B. his c. and of such his or their desire to give warning in writing under his or their Hands to the said A. B. his c. at the house of the said A. B. at any of the Feasts or Dayes of Payment aforesaid one whole year before he or they shall depart from the premises And do and shall accordingly surrender and yield up the said Premises unto the said A. B. his c. well and sufficiently repaired hedged ditched amended pailed and fenced as the same ought to be together with the said Implements of Houshold according to the true meaning of these presents that then upon such warning given and surrendred or other assurance made of the premises as aforesaid he the said A. B. his c. shall and will accept the same and take into their Hands and Possession the said Capital Messuage or Tenement and all other the premises with their appurtenances according to the true intent and meaning of these presents Provided also if it shall happen the said yearly Rent or Sum of c. or any part thereof to be behind and unpaid in part or in all by the space of ten dayes next over or after any of the Feasts or Dayes of payment aforesaid wherein the same ought to be paid as aforesaid being lawfully demanded or if the said C. D. his c. do not well and truly observe perform fulfil pay and keep all and every the Covenants Articles Payments and Agreements in these presents contained which on his and their parts are and ought to be observed performed paid done fulfilled and kept that then in any of the said cases and from thenceforth at any time after it shall and may be lawful to and for the said A. B. his c. into the said Capital Messuage or Tenement and all and singular other the premises with the appurtenances and every part thereof wholly to re-enter and the same to have again retain re-possess and re-enjoy as in his and their first and former estate and the said C. D. his c. thereout and from thence utterly to expel put and amove this Indenture or any thing herein contained to the contrary thereof in any wise notwithstanding And lastly the said A. B. for himself his c. that he the said C. D. his c. and every of them paying the said yearly rent of c. and paying doing and performing the covenants payments provisoes and agreements in these presents mentioned which on his or their parts are or ought to be paid done performed and kept according to the true intent and meaning of these presents shall or may lawfully peaceably and quietly have hold use occupy possess and enjoy the said Messuage or Tenement and all other the premises before by these presents demised except before excepted for and during all the said term of one and twenty years before granted without any lawful let suit trouble denial eviction interruption or disturbance of the said A. B. his Heirs Executors Administrators or Assigns or any of them or any other person or persons whatsoever lawfully claiming by from or under him them or any of them In witness c. An absolute Bargain and Sale of a House and Land 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. for and in consideration of the sum of c. to him in hand at and before the sealing and delivery of these presents by the said C. D. well and truly paid the receipt whereof he the said A B. doth hereby acknowledge himself therewith fully satisfied and paid and thereof and of every part and parcel thereof doth clearly acquit exonerate and discharge the said C. D. his Heirs Executors and Administrators for ever by these presents hath given granted aliened bargained sold enfeoffed and confirmed and by these presents doth fully clearly and absolutely give grant bargain sell alien enfeoff and confirm unto the said C. D. his Heirs and Assigns for ever all that the c. with all and singular it's rights members jurisdictions and appurtenances together with all Houses Edifices Buildings Barns Stables Orchards Gardens Yards Back-sides Easements Lands Tenements Meadows Feedings Pastures Woods Under-woods Wayes Easements Profits Commodities Common of Pasture Hereditaments and Appurtenances whatsoever to the said Messuage or Tenement and Premises or to any part or parcel of them belonging or in any wise appertaining all which said Messuage Lands Tenements Feedings Pastures Closes and Hereditaments with their and every of their rights members and appurtenances whatsoever before in and by these presents mentioned or intended to be granted are scituate lying and being within the Township of H. aforesaid in the said County of c. and now or late in the Tenure or Occupation of the said A. B. or of his Assignee or Assignees and the Reversion and Reversions Remainder and Remainders of all and singular the before mentioned premises and all Rent and Rents reserved upon any Grant and Grants Demise and Demises made of the premises or of any part or parcel of them And also all the Estate Right Title Interest Use Possession Property Claim and Demand whatsoever of him the said A. B. in or to the same and all Deeds Writings Evidences Charters Transcripts of Fines Court-Rolls Escripts and Monuments whatsoever touching or concerning the premises or any part or parcel of them To have and to hold the said Messuage or Tenement and all and singular other the premises hereby granted bargained and sold or mentioned to be herein or hereby granted bargained and sold with their and every of their rights members and appurtenances whatsoever unto the said C. D. his Heirs and Assigns to the only proper use and behoof of the said C. D. his Heirs and Assigns for ever And the said A. B. for himself and his Heirs c. the said Messuage or Tenement and all and singular other the premises before granted bargained and sold with the appurtenances unto the said C. D. and his Heirs to the only proper use and behoof of the said C. D. his Heirs and Assigns for ever against him the said A. B. his Heirs and Assigns and all and every other person and persons whatsoever lawfully claiming by from or under him them or any of them shall and will warrant and for ever defend by these presents And the said A. B. for himself his Heirs Executors and Administrators do covenant promise grant and agree to and
said R. F. doth by these presents acknowledge the receipt and whereof c. He the said R. F. and the said G. G. and E. Ar. at his request and nomination have and every of them hath by and with the consent and direction of the said R. B. granted bargained sold aliened and confirmed and by c. unto the said W. F. and T. Y. all that great Messuage c. together with all Houses Buildings c. and the Rents Services Reversions and Remainders thereof and also all the estate right title interest challenge claim and demand whatsoever of them the said R. E. G. G. and E. Ar. and every or any of them of in and to the laid granted Tenement c. and also all Deeds Evidences Charters Writings Escripts and Minuments whatsoever which do touch or concern the said granted premises or any part thereof To have and to hold the said Messuage or Tenement Garden and Premises before hereby granted or conveyed or mentioned or intended to be hereby granted and conveyed and every part and parcel thereof with the appurtenances unto the said W. F. and T. Y. their Heirs and Assigns to the only uses intents and purposes hereafter in these presents limited expressed and declared that is to say to the use of them the said W. F. and T. Y. and of their heirs until a good and perfect common recovery shall be in due form of Law at the costs and charges of the said R. B. or his heirs had and executed of and for the said hereby granted or intended to be granted Messuage Tenement and Premises against them the said W. F. and T. Y. before the Justices of the Court of Common-Pleas at Westminister according to the usual course of common Recoveries in the same Court used for assurance of Lands and Tenements in which recovery the said I. P. and H. B. shall be demandants and recoverers and the said R. F. shall be vouched to warrant so as such recovery so to be had be had and executed before the end of the term of St. Hillary next ensuing the date hereof and from and after the full execution of the said recovery in case the same shall be had and executed before the end of the same term of St. Hillary the said recoveries intended shall stand seized or in case the said recovery intended to be had shall not be had and executed by the time aforesaid then from and after the end of the same Term of St. Hillary to the use of the said R. B. and of his Heirs and Assigns for evermore and to and for none other use intent or purpose to be holden of the chief Lord or Lords of the Fee or Fees of the premises by the rents and services therefore due and of right accustomed and the said R. F. for himself his Heirs Executors and Administrators and for every of them doth covenant promise and grant to and with the said R. B. his Heirs and Assigns by these presents that for and notwithstanding any act matter or thing had made or done to the contrary by him and the said E. F. his Father deceased or either of them except as herein after is excepted the said R. F. G. G. and E. A. or some of them are or one of them is at the ensealing and delivery hereof the true and lawful Owners or Owner of the said granted or intended to be granted premises and every part and parcel thereof and of and in the same and every part and parcel thereof lawfully and rightfully seized of a good sure sufficient and absolute Estate of Inheritance in Fee-simple in his or their own right and to the only use of them or some or one of them his or theirs by good assurance right or title in the Law indefeazible without any reversion remainder or further interest in the Common-wealth or any other person or persons whatsoever and also that notwithstanding as aforesaid except as herein after is excepted the said R. F. G. G. and E. A. or some or one of them have or hath at the time of the ensealing and delivery hereof full power good right and lawful authority to grant convey and assure the said granted or intended to be granted premises and every part and parcel thereof in manner and form aforesaid and according to the true intent and meaning thereof and further also that the said granted Messuage Tenement and Premises and every part thereof with their appurtenances now be and are and so from time to time and at all times hereafter shall or may be remain and continue to the uses intents and purposes aforesaid in manner and form aforesaid and according to the true intent and meaning of these presents clearly acquitted freed and discharged of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Mortgages Joyntures Dowers Wills Covenants Intails Statutes-Merchant and of the Staple Recognizances Judgments Executions Extents Rents Charge-rents Seck arrerages of rents and of and from all other Titles Charges Troubles and Incumbrances whatsoever at any time heretofore had made done committed omitted or suffered to be done or at any time hereafter to be had made done committed omitted or suffered to be done by him the said R. F. and the said E. F. his Father or either of them except an Estate assured to and upon E. H. widow late wife of the said E. F. by him the said E. for the term of the life of the said E. of the premises hereby conveyed or intended to be conveyed which is intended to be surrendred for the better execution of the said intended recovery and also except a Bargain and Sale lately made by the said R. F. G. G. and E. A. to the said W. F. and T. Y. of the same premises to hold from December 20. last past for the term of one whole year which Bargain and Sale was intended and made for the better execution of these presents and the said R. F. for himself his Heirs Executors and Administrators doth further covenant promise and grant to and with the said R. B. his Heirs and Assigns by these presents that he the said R. B. his Heirs and Assigns shall or lawfully may from time to time and at all times hereafter for ever according to the true intent and meaning of these presents peaceably and quietly enter into have hold and enjoy the said granted Messuage Tenement Garden and Premises and every part and parcel thereof with the appurtenances without any let interruption challenge claim disturbance eviction ejection molestation hinderance or denial of or by the said R. F. or of or by any other person or persons whatsoever having or claiming or pretending to have any lawful estate right title or interest in or to the premises or any part thereof from by or under him or his said Father deceased except the said El. F. and such as shall or may claim for by from or under and only for by from or under the
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
further this present Indenture that for the consideration aforesaid and for and in consideration of the sum of 40 l. to him the said T. I. by the said P. H. before the ensealing and delivery hereof well and truly satisfied and paid whereof he acknowledgeth the receipt and thereof and of every part and parcel thereof doth clearly acquit and discharge the said P. H. his Heirs c. and every of them for ever by these presents and for setling the Inheritance of all the said Messuages Lands Tenements Hereditaments and Premises in such manner and form as hereafter in these presents is mentioned limited and declared and for divers other good Causes and Considerations all the said Parties moving it is covenanted granted concluded and agreed by and between all the said Parties to these presents that they the said W. B. and M. his Wife T. I. and A. his wife P. H. and J. his wife shall and will before the end of Easter Term next acknowledge and levy to the said T. P. and J. C. and to the Heirs of one of them one Fine sur conuzance c. to be sued out with Proclamations according to the form of the Stature in that case made and provided before the Justices of the Court of Common-Pleas at Westminster of all the Messuages Lands Tenements and Premises before mentioned by the names of thirteen Messuages and seven Gardens with the appurtenances in c. which Fine so or in any other manner to be acknowledged and levied and all other Fine or Fines to be had levied or acknowledged by or between the said Parties or any of them or any other person or persons of the said premises or any part thereof shall be and enure and shall be deemed adjudged construed and expounded to be and enure to and for the only uses intents and purposes hereafter in these presents limited expressed and declared that is to say as touching and concerning all the said Messuages Tenements Gardens and Premises before mentioned to be granted bargained sold or conveyed by the said W. Ho. in and by the said recited Deed indented to the use and behoof of the said P. Hobbs and of his Heirs and Assigns for ever and as touching all other the Messuages Lands Tenements Hereditaments and Premises before mentioned meant or intended to be comprized in the said Fine thereby agreed to be levied whereof no use is herein therefore expressed and of every part and parcel thereof with the appurtenances to the use and behoof of the said Peter H. for term of his natural life and from and after his decease to the use and behoof of the said Joan H. for the term of her natural life and from and after her decease to the use and behoof of the first Son of the said P. Hobbs on the body of the said Joan his wife begotten and to be begotten and of the Heirs males of the body of such first Son lawfully to be begotten and for default of such Issue to the use and behoof of the second Son of the said Peter Hobbs on the Body of the said Joan his wife begotten and to be begotten and of the Heirs males of the body of such second Son lawfully to be begotten and for default of such Issue to the use and behoof of all and every other Son and Sons of the said P. H. on the body of the said Joan his wife to be begotten one after another as they shall be in seniority of age and priority of birth and of the Heirs of the body of every of the same Sons respectively to be begotten the elder of the said Sons and the Heirs of his body being alwayes preferred before the younger and the Heirs of their bodies and for default of such Heirs to the use and behoof of all the Daughters of the body of the said P. H. on the body of the said J. his wife begotten and to be begotten and of the Heirs of the body of the same Daughters respectively lawfully to be begotten and for default of such Heirs to the use and behoof of the said P. H. and J. his wife and of their Heirs and Assigns for ever provided alwayes and it is explained and declared to be the true intent and meaning of these presents and of all the Parties to the same that it shall be lawful to and for the said P. H. and J. his wife at any time during the Coverrure between them by any writing or writings indented to be by them signed and sealed in the presence of three or more credible witnesses who shall thereunto subscribe or indorse their names or marks testifying the same to alter change revoke determine diminish or inlarge all or any of the use or uses herein before limited touching or concerning the said Messuages Tenements and Premises herein before limited to the said P. H. and I. his wife or either of them for their lives or any part or parcel thereof and by the same writing or writings or by any other writing or writings indented so signed sealed and testified as aforesaid to limit and appoint any other use or uses of the same Messuage or Messuages Tenements and Premises last mentioned or any part or parcel thereof to the said person or persons or to any other person or persons and of such Estate and Estates as to them shall seem best and in case any such new limitation or appointment of uses shall be made that then the said Fine so to be levied shall be and enure and shall be deemed adjudged construed and expounded to be and enure as touching the said Messuages Tenements Lands and Premises last mentioned and every part thereof to and for such new use and uses as in and by such writing or writings so to be signified sealed and testified as aforesaid shall be expressed limited and declared any thing c. And the said Thomas Joanes for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said P. Hobbs and Joan his wife and either of them their and either of their Heirs c. by these presents that all the said Messuages Tenements and Premises and every part and parcel thereof with the appurtenances now are and be and so from time to time and at all times hereafter for ever shall or may be remain and continue to the several and respective uses before herein mentioned limited and declared according to the true intent and meaning hereof clearly freed and discharged of and from all former and other Bargains Sales Gifts Grants Leases Mortgages Charges Troubles and Incumbrances whatsoever had made committed or done by him the said Tho Joanes or any other person or persons lawfully claiming or to claim by from or under him In witness c. A Marriage is intended between Tho. Geo. Esquire and Ph. B. single Woman Ph. in regard the Joynture agreed on cannot presently be assured with consent of Tho. makes over all her Land c. Jewels Moneys
c. to Eliz. her Sister in trust c. THis Indenture Tripartite c. between T. Geo. Esquire Son and Heir of Sir Tho. G. of c. Knight of the first part Ph. E. single woman and Daughter of c. of the second part and Eliz. B. Sister of the said Ph. B. of the third part witnesseth That whereas there is a Marriage agreed upon and shortly by Gods Grace to be had and solemnized between the said T. G. and the said Ph. B. and whereas the said P. B. is and standeth possessed and interessed in certain Leases Moneys Jewels Debts Goods and Chattels and whereas also the said T. G. by reason of the present distractions of the times is not able presently to assure unto the said P. B. such Joynture as is agreed on to be assured to her witnesseth now further this present Indenture that it is covenanted granted condescended unto and agreed upon by and between all the said Parties to these presents in manner and form following that is to say the said P. B. by and with the consent and good will of the said T. G. Party to these presents testified by being party and putting his Hand and Seal to one or more parts of this Indenture hath granted aliened assigned and set over and by c. unto the said Eliz. B. all such Mannors Messuages Lands Tenements Rents Services and Hereditaments whatsoever situate lying and being in c. or else-where in England whereof or wherein she the said Phil. is or standeth possessed or interessed and all her Estate Right Title Interest Claim and Demand whatsoever in and to the same Mannors Messuages Lands Tenements and Premises and every or any part thereof together with all Leases Deeds and Writings touching the same premises and every part thereof To have and to hold the said Mannors Messuages Lands Tenements and Premises and every part and parcel thereof with the appurtenances to the said Eliz. B. her Executors Administrators and Assigns from henceforth for and during all the respective time and times term and terms as she the said P. B. hath or ought to have thereunto to come and unexpired and also the said Ph. B. by and with the like consent and agreement of the said T. G. party to these presents testified as aforesaid hath granted and delivered and by c. to the said Eliz. B. all her Jewels Moneys Bonds Specialties Debts and other Goods and Chattels whatsoever before hereby mentioned meant or intended to be granted and delivered and every part and parcel thereof with the appurtenances to the said Eliz. B. her Executors Administrators and Assigns to the uses intents or purposes hereafter in these presents mentioned and declared and it is expressed and declared to be the true intent and meaning of all the said parties to these presents that the several Grants herein before made to the said Eliz. B. are so to her made upon trust and confidence in her reposed as well by the said T. G. Party to these presents as the said P. B. that in case the said Marriage take effect and that the said T. G. shall during the Coverture between him and the said Ph. cause to be assured by good and sufficient wayes and means in the Law to the said Ph. for her life and after her death to the Heirs of her body by the said T. party c. to be begotten the Mannors Messuages Lands Tenements and Hereditaments situate lying and being in the Counties of Wilts and Gloucester or either of them of the clear yearly value of 250 pounds of c. over and above all Rents Charges Deductions and Reprizes or that after such Marriage solemnized if the said Ph. shall happen to depart this transitory life before the said T. G. and before such assurance made as aforesaid which shall first happen she the said Eliz. B. her Executors Administrators and Assigns shall and will upon the reasonable request and at the costs and charges in all things of the said T. G. his Executors c. not only grant assign and set over to the said T. G. party c. his Executors c. all the said Mannors Messuages Lands Tenements Hereditaments and Premises before hereby granted or assigned by the said Ph. B. to the said Eliz. B. as aforesaid for all such time and times term and terms respectively as shall be then therein to come and unexpired discharged of all other Grants and Incumbrances made or done by the said Elizabeth except such as she shall make or do by consent of the said T. G. his Executors c. but also grant and re-deliver to the said T. G. his Executors or Assigns all such Moneys Jewels Bonds Specialties Debts and other Goods and Chartels whatsoever as in the mean time shall come to the hands of the said Eliz. her Executors c. by force of these presents and which shall remain or be in her or their hands custody or possession by the true meaning hereof and also that in such case she the said Elizabeth her Executors c. shall from time to time in the mean time after Solemnization of the said Marriage pay and deliver to the said T. G. all such Rents Issues and Profits of the said Mannors Lands Tenements Moneys and Debts as shall come to her or their Hands or Custody and also upon further trust and confidence in the said Elizabeth B. reposed that in case the said Marriage take effect and the said T. G. happen to depart this transitory life before the said P. B. and before he shall have assured or caused to be assured to the said P. B. any Mannors Messuages Lands Tenements or Hereditaments of the value aforesaid and in form aforesaid that then in such case she the said Elizab. B. her Executors c. shall and will not only re-grant re-assign and set over to the said Ph. B. all the said Mannors Messuages Lands Tenements and Premises before hereby granted or assigned by the said Ph. B. as aforesaid for all such time and times term and terms respectively as shall be then therein to come and unexpired discharged of all other Grants and Incumbrances made or done by the said Elizabeth B. her Executors c. except such as she shall make or do by the consent of the said P. H. but also re-grant and re-deliver to the said Phil. her Executors or Assigns all such Moneys Jewels Bonds Specialties Debts and other Goods and Chattels whatsoever as in the mean time shall come to the Hands or Custody of the said Eliz. her Executors or Assigns by force of these presents and which shall remain or be in her or their Hands Custody or Possession by the true meaning of these presents and the said T. G. for himself his Executors c. doth covenant promise grant and agree to and with the said Eliz. B. her Executors c. by these presents that neither he the said T. G. nor his Heirs c. nor any other person or persons claiming
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. to him by the within-named C. D. in hand at the sealing of this Obligation truly paid whereof he the said A. B. acknowledgeth the Receipt hath bargained and sold to the said C. D. one hundred Tod of merchantable Wooll good and lawful viz. at the rate and price of 10 sh the Tod if therefore the said A. B. his Executors c. do well and truly deliver or cause to be delivered unto the said C. D. his Executors c. all the said one hundred Tods of Wooll sorted and packed by an indifferent sworn Wooll-packer frank and free at the Warehouse of c. on or before c. without any delay that then c. A Condition to make an Assurance by a day THe Condition c. That if the within-bound A. B. his Heirs Executors and Administrators do before the twentieth day of May next coming after the date within-written make or cause to be made unto the within-named C. D. and to his Heirs and Assigns such a good sure sufficient and indefeazible Estate of Inheritance in the Law to the only use and behoof of the said C. D. his Heirs and Assigns for ever or to the use of such person and his Heirs and Assigns for ever as he the said C. D. shall then name and appoint of and in all that Messuage c. as the bounds thereof are known by Deeds and Evidences sufficient in the Law or by Fine and Recovery if need shall be or require or by any other Suit or lawful means as by the said C. D. or his Heirs or by the Assigns of him or them or by their or any of their Council learned in the Law shall be reasonably advised devised or required and also if the same Messuages c. now are and be and so from c. for ever shall remain continue and be unto the said C. D. his Heirs and Assigns or to such other person as he the said C. D. shall name and appoint and his Heirs and Assigns free clear and clearly acquitted exonerated and discharged or otherwise upon request sufficiently saved and kept harmless of and from all and all manner of former and other Bargains Sales Leases Gifts Grants Surrenders and Incumbrances whatsoever if need be you may proceed further and also if the said A. B. his Heirs c. do at all times hereafter and from time to time and from and after the said c. for and during the space of ten years upon reasonable request to be made by the said C. D. his Heirs or Assigns do make knowledge and execute and suffer to be done and executed all such further act and acts thing and things device and devices for the better assuring and conveying of the premises unto the said C. D. his Heirs and Assigns as aforesaid be it by Fine Feoffment Deed or Deeds inrolled or not inrolled recovery release or by any other wayes or means whatsoever with warranty against the said A. B. his Heirs and Assigns and all other claiming by from or under him them or any of them or otherwise without warranty as by the said C. D. his Heirs or Assigns or by his or their County learned at his and their own proper costs and charges in the Law shall be reasonably devised and required that then c. or else c. A Condition for the renewing of a Lease when the Lessor shall come to the age of twenty one years THe Condition c. That whereas the within-bound R. R. and E. his wife late wife of the within-named T. W. by Deed indented bearing date c. have demised granted and to farm-letten unto the within-named J. G. and A. P. all those Copy-hold or customary Messuages Lands Tenements Meadows Leasoes Pastures Commons Woods Under-woods and Hereditaments commonly called or known by the several and proper names of c. or any of them or by any other name or names scituate lying and being within the Mannor or Lordship and Parish of Woodford in the County of Essex which were at the time of the decease of the said T. W. in the Tenure or Occupation of G. H. or his Assigns To have and to hold from the c. last past before the date thereof unto the end and term of forty years from thence next ensuing and sully to be compleat and ended if the said E. shall happen so long to live by the yearly Rent of c. as by the said Deed indented amongst other things Covenants Grants and Articles therein contained whereunto relation being had more at large it may appear if therefore the said R. R. and E. his Wife within one half year next after that the said E. shall come to and accomplish her full age of twenty one years upon reasonable request made by the said J. and A. or either of them their Executors or Assigns at the now c. and at the only Costs and Charges for writings or otherwise of the said J. and A. their Executors or Assigns shall make and seal and as their Deeds deliver to the said J. W. and A. P. their Executors or Assigns one Indenture of Lease of all and singular the said Copy-hold or customary Messuages Lands Tenements and Hereditaments before by the said Deed indented demised and of every part and parcel thereof and which Indenture so to be made sealed and delivered shall in all things and in every Covenant Grant and Article of the same agree verbatim with the said Deed indented which beareth the date within-written and not otherwise save only that after the commencement and beginning of the same it shall be made to hold and continue the rest of the said term of forty years which shall be then to come and unexpired comprized in the said Deed indented which beareth the date within-written viz. to continue the rest of the years which shall be then to come and no otherwise that then c. or else c. A Condition to gather Rents and to yield an account thereof THe Condition c. That if the within-bound A. B. or his sufficient Deputy do from henceforth during his natural life well truly and entirely levy collect and gather all and singular the Rents Revenews Emoluments Perquisits of Courts Issues and Profits whatsoever of or belonging to the Lordship or Mannor of c. and of all the members and parcels of the same at the Feasts of c. yearly during the said term and all the same Rents c. and all the money thereof coming hereafter to be coming of the same and every or any part thereof well and truly content and pay to the within-named C. D. at the Feasts of c. yearly and also do from time to time as often as he shall be thereunto required by the said C. D. his Heirs Executors or Assigns make render and deliver to the said C. D. his Heirs or Assigns a just true and perfect Account of all the same Rents Revenews and other the premises and of all
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
or through any act means consent privity of concurment And I the said O. Lady S. do covenant promise grant and agree to and with the said Sir T. L. and his assigns by these presents That it shall and may be lawful to and for the said Sir T. L. and his assigns from time to time and at all times hereafter during my natural life as occasion shall be offered to have and take as well all and every the Nets and other Engines and Instruments of what kind soever as also all the Dogs and Spaniels of whatsoever sort or kind of all or any persons whatsoever that shall at any time or times hereafter hawk hunt fish or fowl within or upon the said Lordship or Mannor of M. super S. or within or upon any part or parcel thereof without the license or consent of the said Sir T. L. or his assigns or some of them thereunto first had and obtained he the said Sir T. L or his assigns delivering or causing to be delivered unto the Bayliff or Steward for the time being of me the said O. Lady S. of the said Mannor or Lordship of M. super S. the aforesaid Nets Engines Instruments and Dogs so to be taken as aforesaid to be used bestowed and imployed to and for the use and behoof of me the said O. Lady S. in such manner and form as I the said Lady S. or my assignes shall think fit In witnesse c. A Lease of Cole-Mines THis Indenture made the c. between J.L. of c. and A. B. of c. witnesseth That the said I. L. for and in consideration of c. hath demised granted and to farm-letten and by these presents doth c. unto the said A.B. all and all manner of Mines Pits and Veins of Cole now open and known or that may be found out by digging finking or otherwise howsoever lying or being in certain Lands called or known by the name of c. within the Mannor of c. with free liberry to and for the said A.B. his executors and assigns from time to time and at all times during the term hereafter mentioned to dig search sink trench and mine in and upon the said Lands called W. and every part and parcel thereof at his and their wills and pleasure for the searching out having and taking up of Coles and the same so trenched digged and found to take and carry away from time to time and at all times during the term by these presents demised except and always reserved unto the said J.L. his Heirs and Assigns all and all manner of quarries heretofore demised by the said J. L. to C.D. of c. To have and to hold the said Mines and Pits of Coles with free liberty of digging trenching searching and carrying away the same with all and singular other the premisses except before excepted unto the said A. B. his Executors Administrators and Assigns from the Feast of c. unto c. yielding c. and if it happen the said yearly rent of c. to be behind c. and the said A.B. for himself c. covenanteth c. That he the said A. B. his Executors Administrators or Assigns at his and their own proper costs and charges shall and will from time to time and at all times hereafter during the said term of c. so long as any such Mine or Pitt shall be digged or trenched for searching out of Coles as aforesaid fill up the said Mine or Pitt with meaner Earth and then level the same in such sort again as the same may not be to the annoyance of the Occupiers of the said Lands called W. or any of them In witnesse c. A Letter of Licence TO all Christian People to whom these presents shall come We A. B. of London Alderman R. L. J. D. and J. P. Merchants c. send greeting in our Lord God everlasting Whereas J. C. Citizen and Vintner of London for and by reason of the Commerce divers Contracts Agreements and other causes between him and us the above-named persons passed and had standeth and is severally indebted unto the said A.B. R. L. I. D. and I. P. and others in divers and sundry great Sums of Money as by several Obligations and Writings under his Hand and Seal unto us severally made and otherwise it doth and may appear Now know ye That we the said A. B. R. L. I. D. and I. P. and the rest for divers and many good and charitable causes and considerations us especially moving have given and granted and by these presents do give and grant full licence and liberty unto the said I. C. quietly and freely to go about attend and negotiate as well his own private affairs businesse and causes as also all other matters and things whatsoever he hath or shall have or do for any other person or persons whatsoever as well within the City of London as within all other the c. at all and every time and times from thenceforth for and during the space of c. to begin at the Feast of c. next ensuing the date hereof without any manner of let disturbance molestation stay arrest attachment or sute of his person or of his Goods Chattels Money Merchandizes or of any other Commodities or appurtenances whatsoever by us the said c. or any of us or by the Executors or Administrators of any of us on this side or within the said space time or liberty of c. And we the said c. are not onely contented and agreed to give and grant this our present Licence and respite to the said J. C. for the payment of his said Debts but also every one of us for his part do by these presents freely and clearly release remit quit-claim and forgive unto the said J. C. all and every such Sum and Sums of Money as he the said J. C. at this present doth severally owe unto us in case any of us at any time or times during and within the said space of c. as aforesaid shall do move procure practise by or attempt or cause to be by any wayes or means any manner of act and acts thing or things to be done moved procured practised or attempted against the said J. C. or his Goods Chattels Money Merchandizes or any other of his things whatsoever contrary to the purport true meaning tenour and effect of this our present licence and grant And further our meaning and intent is That after the said c. shall be fully c. expired we do by these presents give and grant license to the said J.C. that if he his Executors Administrators or Assigns do from thenceforth yearly at the end of every year for and during the term of c. pay or cause to be paid unto us the said several Creditors or to the several Executors Admin strators or Assigns of us and every of us the full fourth part of the debt to us and
every of us owing that then we nor any of us nor any other by our or any of our means or procurement shall do any thing or act against the said J. C. or any of his Goods Chattels Moneys Merchandizes or any other of his things whatsoever An Indenture upon the choosing of a Burgess to serve in Parliament THis Indenture c. between H. D. c. High-Sheriff of the County of c. of the one part and H.B. and R.G. c. Burgesses and Burrough-men of the Burrough and Town of c. of the other part witnesseth That the said Burgesses and Burrough-men according to the Proclamation made by the said Sheriff for the election of Burgesses in every Burrough or Town within the said County have the day of the date hereof at A. aforesaid elected named and appointed H. B. and R. G. Esquires Burgesses of the said Town of A. and they to give their attendance advice and counsel at the High Court of Parliament to be holden at Westminster the c. next coming In witnesse whereof the said Burgesses and Borrough-men to these present Indentures have put their seals and subscribed their names and marks the c. A Testimonial for the relief of one that had his House and Goods burnt TO all Christian People c. Know ye That we Sir J.T. and T.G. Knights T.W. E.P. c. Esquires for the succouring and relieving of our poor distressed Brother S. S. of c. do by these our Writings testifie declare and bear witness That on Friday the tenth of c. the said S. S. being at Wakefield Market travelling for his livelihood a sudden and lamentable Fire hapned which burnt down his dwelling house with all his Goods therein and his Barn wherein was all his Corn and Hay to the utter undoing of the said S. his Wife and small Children Now for that the said S. was an honest painful man and is now brought to so great misery and distress that he knoweth not where or how to provide for his Wife and Children without the charitable relief of well disposed Christians therefore we pray and desire all charitable and godly-minded persons to help succour and relieve the said S. with their charity towards his livelihood and in recompence of his losses and in so doing they shall oblige us to shew the like charity to any of their Neighbour in their distress and necessity In witnesse c. The beginning of a Demise of Copy-hold Lands c. THis Indenture c. witnesseth That whereas at a Court Baron holden for the Mannor of c. on the c. last past the Lord of the said Mannor by c. the Steward did give license to the said J. T. to demise and grant the Messuage Lands and Tenements hereafter in these presents mentioned unto any person or persons for the term of 21 years from the Feast of c. then last past as by the Rolls of the said Courts appeareth Now the said J.T. in pursuance of the said License to him granted as aforesaid and for and in consideration of the Sum of c. to him c. hath demised granted and to farm letten and by these presents c. all that Copy-hold Messuage or Tenement with the appurtenances commonly call'd or known by the name of c. scituate lying and being in now or late in the Tenure or Occupation of c. and all Prout in ordinary Lands A Release from two joynt-Purchasers to the other two TO all to whom these presents shall come Sir T. W. of c. Knight and T. S. of c. Esquire send greeting Know ye That the said Sir T. W. and T. S. for good Considerations them hereunto moving have remised released and for ever quit-claimed and by these presents do for them and either of them their and either of their heirs remise release and for ever quit-claim unto c. their Heirs and Assigns all the estate right title interest claim and demand whatsoever of them the said Sir T. W. and T. S. of in and to all that the Mannor and Lordship of c. with the rights members and appurtenances thereof and of in and unto all and singular other the Mannors Lordships Lands Tenements and Hereditaments which in and by one Indenture enrolled in the Chancery bearing date the c. made between the Right Honourable c. of the part and the said c. on the other part were granted bargained and sold or mentioned or intended to be thereby granted bargained and sold unto the said c. and their heirs and of in and unto every part and parcel of them every or any of them In witness c. A sale of goods to the Plantiff levied upon a Scire facias by the Sherisss Bayliff KNow all men c. That I G. B. Bayliff of the Wapontake of c. in the County of c. by vertue of the Writ of Sciri facias to the Sheriff of the said County directed have levied of the goods and chattels c. the sum of c. part of a debt due to c. and levyed by vertue of the Writ aforesaid to his use In full satisfaction of which said sum of c. I do by vertue of the Writ and Warrant to me directed as aforesaid assign sell and set over unto the said c. all the goods and chattels in the apprizement hereto annexed nominated at the rate of c. to have c. the said goods and chattels to him his Heirs Executors and Administrators as his own proper goods and chattels as fully and absolutely as I the said G. B. might could or ought to do by force and vertue of the said Warrant and Apprizement or otherwise howsoever In witness c. A Lease of Goods levied by the Sheriff upon Judgement THis Indenture made the c. between M. F. of c. of the one part and J.F. of c. of the other part Whereas the fard M. F. did in Michaelmass Term in the c. by due course of Law obtain and recover one Judgement in the Court of Kings Bench at Westminster against the said J.F. for the sum of c. debt and costs of sute as by the Records remaining in the said Court Rot. 232. Whereunto relation being had more at large it doth and may appear and whereas Sir J.S. Sheriff of the said County of c. did 〈◊〉 or about the c. by vertue of a Writ of Sciri facias upon the said Judgment to him directed returnable c. levy of the goods and chattels of the said I. F. the sum of c. in part and satisfaction of the said Judgement which goods and chattels were sold by the said Sheriff or his Deputy unto the said M. F. as by a particular Schedule or Indenture hereunto annexed appeareth Now this Indenture witnesses And it is fully concluded and agreed by and between the said parties to these presents in regard the said goods and chartels
mentioned in the said Schedule cannot be presently sold for the best benefit and advantage of the said M. F. that the same goods and chattels shall remain and continue in the custody and possession of the said I. F. for the use and behoof of the said M.F. his c. for and during the space and time of six moneths next after the date hereof and if any of the said goods and chattels mentioned in the said Schedule hereunto annexed have been already or hereafter during the said space of six months shall be sold or disposed of by the said I.F. his Executors Administrators and Assigns then he the said I. F. for himself his Executors and Administrators and for every of them doth by these presents covenant promise grant and agree to and with the said M. F. his Executors Administrators and Assigns to give a true and just accompt or accompts together with the proceed or encrease thereof in writing unto request made and to pay or cause to be paid unto him the said M. F. his Executors Administrators or Assigns all such sum or sums of Money as shall be found due upon the said accompt or accompts so to be made or given and at the end and expiration of the said term shall and will well and truly deliver or cause to be deliver'd unto the said M.F. if the said I.F. his executors c. shall be thereunto required the residue and remainder in specie with the proceed and encrease thereof of all such goods and chattels mentioned in the said Schedule or Inventory as shall be so sold or undisposed of the said M.F. his Executors Administrators or Assigns allowing in the mean time unto the said I. F. his Executors or Administrators all the benefit and advantage of the Wooll Milk and work of the Cattel comprized in the said Schedule hereunto annexed and the use of the other goods comprized in the said Schedule or Inventory for the pains and care of the said I. F. to be taken in and about the selling disposing and keeping of the said goods and chattels or any of them In witnesse c. A Lease of Lands in Barbadoes THis Indenture made c. between R. C. of c. and M. S. of c. witnesseth That the said R. C. for divers good causes and considerations him hereunto especially moving hath demised granted and to farm letten and by these presents doth demise grant and to farm let unto the said M. S. all that his own shâ—â—eâ— part and portion of Land containing in all by estimation forty acres of Land be it more or less scituate and being in c. as the same was lately and now is separated and divided from other Lands now inhabited by the English Merchants and Planters or their assigns and allotted unto the said R.C. for one of his shares of his Adventure with the said Company of the said Islands and now are or late were in the Tenure or Occupation of R. P. or his Assigns and also one Acre of Land being part or parcel of c. lying within c. likewise allotted unto the said R. C. for another share of his Adventure to the said Island the same Acre of Land to be measured and set out in some convenient place of the said share of Land adjoyning upon or near unto the fresh water together with free ingress egress regress way and passage to and for the said M. S. his Executors Servants and Assigns by and through c. at all convenient times and by all fitting and convenient wayes and passages to fetch water from the Springs and Rivulers thereunto adjoyning as need shall require To have and to hold the said share of Land and acres of Land and all other the above demised or meant mentioned or intended to be demised premisses with their and every of their rights members and appurtenances unto the said M.S. his c. from c. for and during the term of c. M.S. his c. yielding and paying therefore yearly and every year during the said term of c. unto the said R.C. his c. the moiety or one half part of all the profits and gains whatsoever which shall yearly be made or raised by or by means of the digging setting planting sowing manuring and imploying the said Lands and premisses above by these presents demised or meant or mentioned to be demised and every or any part thereof or by any other ways or means whatsoever the same to be yearly and every year once or oftner as Shipping may conveniently be had sent into England to and for the use of the said R. C. his Heirs and Assigns for and in full satisfaction and payment of all manner of Rents whatsoever and the said M S. for him his c. doth covenant and grant to and with the said R.C. his c. by these presents in manner and form following that he the said M. S. shall and will once in every year yearly or oftner during the said term hereby granted and as shipping may be conveniently had as aforesaid make and send unto the said R. C. his Heirs or Assigns a just and true account how the same Lands and premisses hereby demised have untill that time been imployed and used and likewise with the same accompt shall and will send and deliver or cause to be delivered unto and for the use and behoof of the said R C. his Heirs and Assigns unto the City of London the said moiety or one half-part of all the encrease profit and gains above by these presents reserved which shall happen to be accrued or risen by the means of the husbanding and employing of the said Lands and premisses by these presents demised and also shall and will from time to time send and deliver together with the said Rent above reserved unto the said R.C. his Executors or Assigns all the other moiety or half-part of all the profits and gains which shall happen to be accruing and arising by means of the said husbanding and imploying of the said Lands and premisses in sort as is aforesaid or so much thereof over and above the said Rent as shall be due and payable by vertue of these presents until the Sum of c. shall be fully satisfied and paid unto the said R. C. his c. which Sum he the said R. C. at and before the ensealing of these presents did disburse and lay out for the furnishing of the said M. S. with implements utensils and other necessaries to be used and imployed in and about the manuring managing and dressing of the said Lands above-mentioned to be demised And further That he the said M. S. his Executors Administrators or Assigns or some of them shall and will from time to time and at all times hereafter during the continuance of this demise in good order of husbandry set sow plant and imploy the Lands and Premisses hereby demised to the best advantage according to the Custom of the Countrey
shall from time to time for and during his continuance and exercise of and in the said place and office demean himself therein without voluntary concealment fraud or deceit towards his said Lordship and do and shall yearly during such his continuance and exercise at the audits to be kept for his said Lordship yield and make true and just accompts to the auditor for the time being of the said Mannor and Premisses and also make current payment and satisfaction to his Receiver of the Premisses for the time being or other Officer or Officers in that behalf to be authorized and appointed at or before every such audit and audits of and for all and every such Sum and Sums of Money Rents Revenues Fines Issues Goods Chattels Profits and Perquisits as then shall have come to the hands of the said J. S. his Deputy or Deputies or as he or they ought justly to be charged withal to his said Lordship for or in respect of the said office or place that then A Condition to pay Childrens Portions and shares of their deceased Fathers estates THe Condition That if the above-bound R. Y. his c. pay and deliver or cause to be paid and delivered unto the above-named W. E. and M. natural Children of the above-named N. late of R. aforesaid their late Father deceased their several filial portions or childs parts of the goods and chattels of their said late Father deceased according to the Inventory thereof and also accompt and render unto them their just shares of all other their rights due unto them by vertue of the last Will Testament of their said father when they come to the full age of twenty one years or happen to be married and also honestly according to their degrees educate and bring up the said children during the time of their nonage with meat drink apparel and learning and if it happen any of the said children to dye before they come to full age or to be married then if the said R. Y. do content and pay the portion and other rights of him her or them so dying to whom the Law shall appoint the same to be paid or who by proximity of blood ought to have it and also save and keep harmless the above named c. Comissary and all other the officers that then c. A Condition that the Heir shall make no claim THe Condition c. That whereas R. G. of c. father of the above-bound R. is possest of one messuage or tenement and certain customary Lands thereunto belonging holden of the Right Honourable c as of the Mannor of c. called or known by the name of c. now in the occupation of c. out of which messuage or tenements is issuing the yearly rent of c. and whereas the said R. the son for and in consideration of a certaine competent sum of c. to him the said R. by the said J. well and truly contented and paid whereof and wherewith the said R. acknowledgeth himself fully satisfied hath granted and agreed that the said J. by and with the consent of the said R. the father shall have enjoy to his own use for ever the said messuage or tenement lands and premises and all the estate right title and interest which the said R. the son now hath or at any time hereafter may might should or ought to have of in and to the same from by or under the right title or interest of the said R. the Father or as heir unto him if therefore the said R. the Son his c. nor any of them do not at any time hereafter make or cause to be made any claim or demand of in or to the said Messuage or Tenement and premisses or any part thereof from and after the decease of his said Father but to permit and suffer the said J. G. his c. and every of them to have possess and enjoy to his and their own use for ever the said c. and every part thereof without any let or disturbance of or by him the said R. the Son his c. or of or by any other person or persons or by his their or any of their acts means consents or procurements clearly released acquitted and discharged of and from all incumbrances whatsoever by him them or any of them had made committed or done or to be had made committed or done in any wise that then c. A Condition to appear before the Justices of Peace c. COndition c. That if the above-bound S. T. do personally appear in the custody of the Bayliff within-written or his Deputy before the Justices c. the Monday next after the Nativity of St. John Baptist at the Town of c. to find there before the said Justices good and sufficient Sureties for the Peace and to behave and bear himself well and peaceably against c. and in the mean time keep the peace of the Common-wealth and from thenceforth save and keep harmless the within-named c. for and concerning the premisses that then c. A Condition to suffer ones Wife to make a Will and to surrender a Copy-hold to his and her use THe Condition c. That whereas there is a Marriage c. Now if the said J. F. do and shall after the celebration of the said Marriage and during the coverture permit and suffer the said F. S. to make her last Will and Testament in writing or otherwise and by the same to give and dispose of the Goods and Chattels or ready money of him the said J. F. to the value of c. or under at her will and pleasure to such person and persons and for such intents and purposes as she the said S. shall by the same Will nominate and appoint And also if the said J. F. his c. after the said Will shall be so made and published under testimony of sufficient witnesses do and shall well and faithfully execute and perform the same Will or suffer the same to be duly executed and performed according to the intent and true meaning of the said S. F. and also if the said I. F. do and shall at the next Court to be holden for the Mannor of c. surrender into the hands of the Lord of the said Mannor according to the custome of the same all that his Mansion-house c. to the use and behoof of the said I. F. and S. F for and during their natural lives and the life of the longest liver of them and after the decease of the Survivor of them then to the use and behoof of c. that then c. A Letter of Attorney to receive money due upon several Bonds allowing the Attorney his reasonable charges and out of that money which he shall receive to satisfie himself of such moneys as are due to him for him which makes this Letter TO all men to whom these presents shall come W. R. of
aforesaid to be chosen shall from time to time be had made and given up in writing for and the behalf of the said parties as touching any the variances or differences aâ—orsaid without any further coven or deceit In witness c. An acknowledgment of a trust in an Indenture of bargain and sale THis Indenture made c. whereas T. W. of c. by this Indenture of bargaine and sale bearing date c. for the consideration therein mentioned did grant bargain and sell unto he said I.H.S.T.A.P. and R.L. their heirs and assigns for ever all that Mannor c. recite the bargain and sale to the end of the Habend as in and by the said Indenture of bargain and sale amongst divers other Covenants grants and agreements therein contained more at large it doth and may appear Which said recited Indenture of bargaine and sale was so made unto the said I.H.S.T. and A.P. of meet and special trust and confidence to and for the only use benefit and behoof of the said S.S. his Heirs and assigns Now this Indenture witnesseth that the said I.H. c. do hereby confess and acknowledge that the said recited Indenture of bargain sale was and is made to and in the names of them the said I. H. c. of meer and special trust and confidence to and for the use and behâ—of of the said S.S. his Heirs and Assigns for ever And further the said I H. c. in accomplishment and performance of the trust and confidence aforesaid do for them and every of them covenant and grant joyntly and severally to and with the said S.S. their Heirs Executors Administrators and assigns by these presents that they the said I. H. c. their Heirs and assigns shall and will from time to time hereafter upon reasonable request therefore to be made and at the costs and charges in the Law of the said S.S. his Heirs and Assigns bargain sell convey and assure the said Mannors and all and singular other the premises by the said recited Indenture of bargain and sale granted sold or meant mentioned or intended to be thereby bargained and sold and every part and parcel thereof with their and every of their appurtinances unto the said S.S. his Heirs Assigns for ever in such sort manâ—r and form as by the said S.S. his Heirs Assigns or his or their Council learned in the Law shall be reasonably devised or advised vised and required so alwayes that the same Conveyances or Assurances or any of them contain no further or other warranties than only against the said J. H. c. and their Heirs And further That at any time of the making and passing of such Conveyance or Assurance as aforesaid the said Mannor and all and singular other the Premisses shall be free clear and discharged of and from all and all manner of former bargains sales gifts grants and incumbrances whatsoever then before had made committed or dâ—ne by them the said J H. c. or any of them or of or by any other person or persons whatsoever lawfully claiming by from or under them or any of them In witnesse c. An acknowledgment of a Trust by a Deed-Poll of a Lease TO all c. I T.M. of c. send greeting c. Whereas C. D. of c. by one Indenture of Lease made between c. and c. hath demised c. as in and by c. Now know ye That I the said T. M. do hereby confess and acknowledge that the Lease or demise of the Premisses aforesaid was and is made to and in the name of me the said T.M. in trust and confidence and to the intent that I the said T.M. should upon the request of the said E. G. her Executors Administrators or Assigns assign and convey the said Lease and Premisses to her the said E.G. her Executors Administrators or Assigns or to such other person or persons as she or they in that behalf shall name or appoint and therefore in accomplishment and performance of the trust and confidence aforesaid I the said T.M. for me mine Executors and Administrators do covenant and grant to and with the said E.G. her Executors Administrators or Assigns by these presents That I the said T.M. my Executors Administrators and Assigns shall and will from time to time upon the reasonable request and at the costs and charges of the said E.G. her Executors Administrators or Assigns assign and set over the above-mentioned premisses and every of them and all the estate and interest of me the said T.M. my Executors and Administrators in and to the same clear and discharged of all incumbrances by us or any of us to be done or committed unto the said E.G. her Executors or Administrators or to such person or persons as she or they shall name or appoint In witnesse c. A Conveyance of Lands to the use of a mans Heirs with the profit during the Heirs minority limited to the payment of the Donors debts and porformance of the Testament THis Indenture made c. between the Right Honourable W. Viscount Hereford c. of the one part and the Right Honourable A. Lord Grey alii c. on the other part witnesseth That the said Viscount for and in consideration of the Fatherly good-will favour and affection which the said Viscount beareth towards R. and W. the two Sons of the said Viscount and for the advancement and preferment of the Heirs males of the body of the said Viscount lawfully to be begotten and for other the considerations hereafter in these Presents mentioned and expressed hath given granted enfeoffed and confirmed and by these presents doth give grant enfeoff and confirm unto the said A. Lord Grey c. all those his Mannors c. with all and singular Liberties Courts Views of Frank-pledge Fairs Commodities Franchises Priviledges Jurisdictions Preheminences Emoluments and Appurtenances whatsoever to or with the said Mannors Lands Tenements or Hereditaments used or enjoyed in or out of the same or any of them or any part or parcel thereof issuing renewing happening used or exercised and all c. To have and to hold c. to the said A. L. G. c. and their Heirs for ever to the use and behoof of the said V. for term of his life without impeachment of waste and after the decease of the said V. and during the time that the said R. D. Son and now Heir apparent of the said V. or any other being the heir of the said V. shall be under the age of 21 years and untill some Heir of the said V. shall have accomplished the full age of 21 years to the use of the said A. L. G. and the Survivors and Survivor of them and the Executors Administrators of the Surveyor of them upon trust and to the intent and purpose that the said A. L. G. c. and the Survivors and Survivor of them and the Executors and Administrators of the
Survivor of them shall take receive levy possesse use and enjoy the Rents Issues Profits Revenues Commodities and Emoluments of all and singular the said Lordships Mannors Lands Tenements and Hereditaments and other the Premisses with the Appurtenances and the same employ during such minority or minorities as is aforesaid for and towards the performance payment and satisfaction of all the Legacies and Bequests of money Annuities for years and Debts of the said V. to be mentioned in the Testament and last Will of the said V. according to the tenor purport and true meaning of the said V. in his said Testament and last Will to be declared and to the use and intent that the said Feoffees and the Survivor and Survivors of them and their Heirs shall with the Profits Revenues Commodities Issues and Emoluments coming growing and arising of and in all and singular the said Lordships Mannors Lands Tenements and Hereditaments bestow disburse and expend from time to time the competent and necessary Charges in the Law and otherwise for the defence and maintenance of the possession and title of all and singular the Premisses and every or any part thereof and for the Reparation and defence of the Buildings Edifices Houses and Sea-walls in and upon the Premisses or any part thereof from time to time necessary meet and convenient to be disbursed and expended untill such time as the said Legacies debts and bequests of the said V. to be mentioned in his Testament shall be performed and untill some heir of the said V. shall have accomplished the full age of 21 years and after satisfaction of the said Legacies debts and Annuities and for the surplusage that shall surmount the same Debts Legacies and Annuities and other the charges aforesaid satisfied to the use and intent that the said A. L G. c. shall imploy and suffer the Premisses and surplusage thereof to go remain and come to the use profit and benefit of the heirs of the said V. And after the heirs of the said V. shall accomplish the full age of c. that then the said A. L G. c. and their heirs shall stand and be seized of and in all and singular the said Mannors c. to the use of the said R. D. and the heirs males of his body lawfully begotten and for default of such heirs males of the said R.D. lawfully begotten to the use and behoof of the said W. D. second Son of the said V. and the heirs males of his body lawfully begotten and for default of such heirs males of the body of the said W. D. lawfully begotten and to be begotten to the use and behoof of the heirs males of the said V. lawfully begotten and for default of such heir to the use of the heirs of the body of the said V. and for default of such issue to the use of the right heir of the said R. for ever Provided alwayes and it is the true meaning use and intent of these presents That if the said V. at any time hereafter during his life-time shall demise grant or lease the said Mannors Lands Tenements and Hereditaments aforesaid and other the Premisses by these presents granted or assured or any part or parcel thereof by his deed indented under his seal and with subscription of his name with his own proper hand for term of any year or years life or lives that then and immediately from after every such lease demise or grant or such leases demises or grants so to be made by the said V. the said A. L. G. c. and their heirs shall stand and be seized of and in the said Mannor c. so to be leased or granted To the use and behoof of the same Lessees or Grantees and every of them and of their several executors administrators and Assigns during the terms and space mentioned in the said several leases grants and demises so to be made according to the tenour form and effect of the same lease grant or demise leases grants or demises so that the yearly Rent or Rents mentioned or reserved by the said V. in such Lease Demise or Grant Leases Demises or Grants be yearly paid to the said V. during his natural life and after his decease to such person or persons as by the proper and true meaning of these presents ought to have the Reversion or Remainder Reversions or Remainders of the Lands Tenements or Hereditaments so to be leased or granted within the space of Twenty dayes next after reasonable request to be made for the payment thereof And so that the same Lessees or Grantees their Executors Administrators and Assigns do well and truly perform the conditions to be comprized in the Indenture or Indentures of their said several Demises or Grants according to the effect and true meaning of the same Indenture or Indentures And that the said A. L. G. c. shall stand and be seized of the Reversion and Remainder the Reversions and Remainders of the Mannors Lands Tenements and Hereditaments so to be sealed or granted and after the determination thereof Then also of the same Mannors Lands Tenements or Hereditaments so to be leased or granted to such uses and intents as they the said L G. c. should have stood or been thereof seized by the purport and true meaning of these presents if any such Lease or Grant had been thereof made and that of and for such estate and estates in such order and degree with the same Remainders and in such manner and form to all intents and purposes as they should have stood or been thereof seized by the purport and true meaning of these presents if no such Lease or Grant had been thereof had or made here followeth a Letter of Atturney for Livery of Seizin to the Feoffees c. and then a Proviso That if the said V. by his writing signed and sealed in the presence of 3 witnesses shall repeal frustrate and determine or declare to be determined all or any the uses aforesaid of or from the premisses or any part thereof that then and from thenceforth the said uses so to be determined or declared to be repealed for all such Lands and the uses thereof so to de declared determined shall be void and of none effect and that then the Feoffees shall thereof stand seized to the use and behalf of the said V. and his Heirs Then followeth a Covenant on the said V. S. part That if the estate of the premisses be not effectually conveyed him by force of from this Grant to the said Feoffees to the uses before-specified on this side the last day of c. next coming that then and from thenceforth the said V. and his heirs and all others to be seized of the premisses so not sufficiently conveyed shall be thereof seized to the uses above-specified and to such uses and with such Remainder as the said Feoffees or the Survivor of them should have stood seized thereof by the purport of
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
of c. Esquire and Dector in Divinity of the one part and S.M. and C.D. of c. in the County of c. Gentleman of the other part Whereas the said W.S. by Indenture bearing date the c. day of this instant moneth of c. for the consideration therein expressed did bargain and sell unto the said S M. and C.D. all those lands tenements and hereditaments with their and every of their appurtenances commonly called or known by the Name of c. containing by estimation six hundred and thirty acres be the same more or lesse scituate lying and being in the Towns Villages and Hamlets of T. and M. in the said County of c. or one of them together with all other lands tenements and hereditaments hereofore of Sir S.W. deceased and now or late of the said S.W. that are scituate lying and being in the Towns Villages and Hamlets of G. and S. aforesaid or either of them and also the reversion reversions remainder remainders of the said lands tenements and premisses and every part thereof To have and to hold the said lands tenements and premisses with the appurtenances unto the said S.M. and C.D. their Executors Administrators and Assigns from the day next before the date of the said recited Indenture unto the end and term of one year from thence next following To the intent that by vertue thereof and of the statute for transferring uses into possession the said S.M. and C. D. might be in the actual possession of the said lands tenements and premisses and be enabled to accept of and take a grant and release of the reversion and inheritance thereof to them and their Heirs to the use of them their Heirs and Assigns for ever as by the said recited Indenture more at large appeareth Now this Indenture witnesseth that the said S.W. as well for and in consideration of the sum of c. of lawfull money of England paid and secured to be paid by the said S. M. and C. D. to several persons by the direction and appointment of the said S. W. and for some of his debts wherewith the said lands and premisses stood charged and lyable That is to say three thousand pounds part thereof to F.R. Esquire and C. I. Citizen and Mercer of London in satisfaction and discharge of the money due to them by and upon a grant and conveyance thereof heretofore made of the said lands and premisses by the said W.S. and R.I. Esquire to the said F. R. and C.I. and their Heirs and c. residue of the said sum of c to Sir C.C. and Sir P.E. in satisfaction and discharge of their right and estate which they had of and in the premisses by a grant and conveyance of the said S.W. before this time made to them and their Heirs As also in consideration of a competent sum of money by the said S. M. and C. D. to the said S. W. in hand paid whereof he doth hereby acknowledge the receipt hath granted remised released and confirmed and doth by these presents grant remise release and confirm unto the said S. M. and C. D. in their actual possession now being by vertue of the said recited Indenture of bargain and sale made to them of a year and of the said statute and to their Heirs and Assigns the aforesaid lands tenements hereditaments and premisses with the appurtenances and all the estate right title interest claim and demand whatsoever of the said S.W. of in and to the same and every part thereof and the reversion and reversions remaiâ—dâ—r and remainders thereof and of every part thereof To have and to hold the said lands tenements hereditaments and premisses with the appurtenances unto the said S.M. and C.D. their Heirs and Assigns for ever to the onely use and behoof of the said S.M. and C.D. their Heirs and Assigns for ever And the said S.W. for himself his Heirs Executors Administrators and Assigns doth covenant and grant to and with the said S. M. and C. D. their Heirs and Assigns by these presents in manner and form following that is to say that the said S.M. and C.D. their Heirs Assigns shall and may from time to time and at all times for ever hereafter peaceably and quietly have hold and enjoy the aforesaid lands tenements and premisses with the appurtenances before herein mentioned to be granted without any let trouble molestation or interruption of the said S.W. or of his Heirs or of any other person or persons whatsoever having or lawfully claiming to have any estate right title interest term claim or demand of in and to the same and every or any part thereof and that freed acquitted and discharged or well and sufficiently saved and kept harmless by the said S.W. his Heirs Exeâ—utors Administrators and Assigns of and from all former and other grants bargains sales feoffements mortgages joyntures dowers leases estates Statutes-Merchant and of the staple recognizances judgements executions post-fines issues amerciaments rent-charge and seck all arrerages of rents and of and from all other titles troubles charges and incumbrances whatsoever had made committed suffered or done by the said S.W. or by any other person or persons whatsoever except one conditional grant of the premisses heretofore made by the said W.S. and B.I. Esquire to F.R. Esquire and C.I. Citizen and Grocer of London their Heirs and Assigns by way of Mort-gage for security of payment of a sum of money therein mentioned And also that the said S.W. Sir C.C. and Dame E. his wife and S.W. Esquire and C. his wife the said C. and E. being sisters and coheirs of S.C. Esquire deceased their Heirs and Assigns and all and every other person and persons having or lawfully claiming to have any estate right title interest clame or demand of in or to the said Lands Tenements and Premisses hereby granted or any part thereof shall and will from time to time and at all times hereafter at the reasonable request and at the Costs and Charges in the Law of the said S.M. and C.D. their Heirs and Assigns make do acknowledge levy suffer and execute and cause and suffer to be made done acknowledged levyed suffered and executed all and every such other and further acts things devices and assurances in the Law whatsoever of the said Lands Tenements and Premisses before herein mentioned to be granted with the appurtenances unto the said S.M. and C.D. their Heirs and Assigns be it by fine feoffment deed or deeds enrolled or not enrolled recovery with voucher or vouchers over release and confirmation or by all or any of them or by any other reasonable assurance in the Law as by the Council learned in the Law of the said SM and C. D their Heirs or Assigns shall be reasonably deyâ—sed or advised and required the which said further assurance and assurances so to be had and made shall be and shall endure to the only use and behoof of the said S.M. and C.D.
particularly expressed and also all Waters Fishings and Fish-ponds being in or between the same and the moity of all other Waters adjoyning and next to the same now or late in the possession of the said Sir A. D. situate lying and being in G. B. aforesaid in the said County of O. And also all that Close c. reciting the particulars with the buttalls and boundalls 〈◊〉 And also all usual Wayes Easements Profits and Commodities to all and singular the premisses and to every part and parcel thereof belonging or in any wise appertaining And all and singular the Tythes which at any time hereafter may arise or grow due out of all or any the premisses aforesaid All and singular which premisses are situate lying and being in the Parish of G. B. aforesaid in the said County of O. Together also with all the Wayes and Passages now or at any time within the space of three years last past used or occupied unto or with the premisses or any part thereof for the said Sir T.R. his heirs and assigns and for his and their Servants Cattle and Carriages in and through any other the grounds of the said Sir A. D. in G. B. aforesaid unto the premisses and every of them intended to be conveyed and assured as aforesaid In which conveyances and assurances to be made of the premisses in manner and form aforesaid there are to be excepted to and for the said Sir A. D. his heirs and assigns Lessees Farmors and Under-tenants and all his and their Servants and all others by his and their appointment necessary and convenient wayes and passages in and through all or any the premisses to be conveyed as aforesaid unto and from all or any the Closes and Grounds of the said Sir A. D. situate in B. aforesaid not to be conveyed unto the said Sir T. R. aforesaid Now this Indenture witnesseth That for the quiet enjoying of all and singular the before mentioned premisses with their and every of their appurtenances unto the said Sir T. R. his heirs and assigns and for and in consideration of the Summe of 5 s. of currant money of England in hand paid by the said Sir T. R. unto the said Sir A. D. that the said Sir A. D. hath granted bargained sold enfeoffed and confirmed and by these presents doth grant bargain sell enfeoffe and confirm unto the said Sir T. B. his heirs and assigns for ever All that his Mannor of C. with the appurtenances in the Parish of P. or elsewhere in the said County of B. And all Messuages Closes Lands Meadows Pastures Woods and Hereditaments with their and every of their appurtenances of the said Sir A. D. scituate lying and being in the Town Hamlets Fields and Precincts of C. and P. aforesaid or in either of them in the said County of B. And also the Reversion and Reversions Remainder and Remainders of the said Mannor of C. and of all and singular the premisses with their appurtenances hereby intended to be granted bargained and sold And also all the estate right title interest claim and demand whatsoever of him the said Sir A. D of in and to the said M. of C. with the appurtenances and all other the premisses before by these presents mentioned to be granted bargained or sold with the appurtenances and of in and to every part and parcel thereof And also all Deeds Evidences and Writings touching or concerning the afore-bargained premisses only or only any part or parcel thereof To have and to hold the said M. of C. with the appurtenances and all and singular the afore by these presents bargained premisses with their appurtenances and the Reversion and Reversions Remainder and Remainders of the same and all the estate right title and interest of the said Sir A. D. of in and to the same and all Writings only concerning the same or only any part of the same unto the said Sir T.R. his heirs and assigns To the only c. And the said Sir A. D. for himself his c. doth Covenant c. That for and notwithstanding any act or thing by the said Sir A. D. or by Sir T.D. Knight deceased late Father of the said Sir A.D. done or suffered to the contrary he the said Sir A.D. now at the time of the ensealing and delivery of these presents is the true rightful and lawful Owner of the said M. of C. and of all and singular the afore-bargained premisses with the appurtenances and of the same and of every part of the same is lawfully seized in his Demeasne as of Fee-simple without any manner of Reversion or Remainder thereof or of any part thereof in his Kings Majesty that now is his Heirs or Successors or in any other person or persons whatsoever And also that he the said Sir T.R. his heirs and assigns for and notwithstanding any act or thing by the said Sir A.D. or by Sir T.D. Knight deceased as aforesaid done or suffered to the contrary shall and may from henceforth for ever hereafter lawfully quietly and peaceably have hold occupy possesse and enjoy the said M. of C. and all and singular the afore-bargained premisses with their appurtenances clearly acquitted exonerated and discharged of and from all and all manner of former and other Bargains Sales Gifts Grants Mortgages Leases Feoffments Joyntures Dowers Statutes Recognizances Rents Judgments Condemnations Executions Liveries Ousterlemains Issues Amerciaments Respites of Homage and of and from all other titles troubles charges estates and incumbrances whatsoever heretofore had made committed caused or done or hereafter to be had made committed caused or done by the said Sir A. D. and the said Sir T. D. or by either of them or by any other person or persons whatsoever lawfully having or claiming to have any estate right title and interest by from or under the said Sir T.D. and Sir A. D. or either of them or the heirs or assigns o◠them or either of them The Joynture for the life of Dame M. D. now wife of the said Sir A. and one Lease for about six years to come heretofore made to J. B. at the yearly Rent of 30 l. per annum And one other Lease made to O. F. for about one year yet to come at the Rent of 100 l. per annum And one other Lease c. only excepted And further That he the said A D. his heirs and assigns and all and every other person and persons lawfully having or claiming to have by from or under them or any of them any estate right title or interest whatsoever of in or to the said Mannor of C. and other the afore by these presents bargained premisses or of in or to any part or parcel of the same shall and will at all times hereafter at or upon the reasonable request and at the only and proper costs and charges of the said Sir T.R. his heirs and assigns a Covenant pro future Ass so that the said assurance or assurances contain no further
Water-Courses Easements Commodities Advantages and appurtenances thereunto belonging or appertaining and all Writings Deeds and Evidences concerning the said premisses or any of them To have and to hold the said several pieces and parcels of Land Arable Pasture and Wood-ground and all other the premisses with their and every of their appurtenances unto the said G. E. and his assigns from the day of the date of the said recited Indenture of Lease unto the full end and term of two hundred years from thence next ensuing and fully to be compleat and ended without Impeachment of any manner of waste by and under the yearly Rent of one Pepper-Corn if it were demanded with Conditions therein contained that if the said I. S. his Heirs Executors Administrators and Assigns should pay unto him the said G. E. his Executors or Assigns the Sum of 100 pound of currant money of England on c. according to the Condition of a Surrender of certain Copy-hold-Lands dated the day of c. that then from thenceforth thesaid recited Lease to be â—oid as by the said recited Indenture of Lease it doth and may appear That the premisses were forfeited And whereas the said I. S. did not nor hath paid the said moneys according to the said Proviso and Condition by reason whereof the said Lands and Premisses are absolutely come unto and vested in him the said G. E. for all the rest and residue of the said term of 200 years by the foresaid Lease Demised and granted as aforesaid Now this Indenture witnesseth That the said G. E. at the request and by the appointment of the said I. S. and for and in consideration of the Sum of 100 pound of currant money of England to him in hand paid by the said T. L. and the said I. S. for and in consideration of the Summe of 100. pound of currant money to him by the said T. L. in hand paid by the said T. L. the receipts of which several Sums of money they the said G. E. and I. S. do hereby severally acknowledge and thereof do severally acquit and discharge the said T. L. his Heirs Executors Administrators and Assigns and every of them for ever by these presents The Assignment Have Demised granted bargained sold assigned and confirmed and by these presents do joyntly and severally Demise grant bargain sell assign and confirm unto the said T. L. his Executors and Assigns all those the foresaid several parcels of Land Pasture and Wood-ground lately stocked up and premisses with their appurtenances in the said recited Indenture of Lease mentioned and expressed and all their and either of their estate right title interest term for years claim and demand whatsoever of them the said G. E. and I. S. therein and thereunto together with the said recited Indenture of Lease The Habendum To have and to hold all and every the said several pieces and parcels of Land Pasture and Wood-ground with their appurtenances unto the said T. L. his Executors Administrators and Assigns for and during all the rest and residue of the said term and now to come and unexpired in as full and ample manner to all intents and purposes as they the said G. E. and J. S. or either of them may or might hold or enjoy the same by vertue of the said recited Indenture of Lease or otherwise howsoever A Covenant to enjoy the remainder of the term And the said G. E. for himself his c. doth Covenant and grant c. that he the said T. L. his Executors and Assigns shall and may at all times during the said term or residue of the said term and number of years now to come and unexpired quietly and peaceably have hold occupy and enjoy all and every the said parcels of Land Pasture and Wood-ground with their appurtenances without the let suit trouble Expulsion or Eviction of him the said G. E. his Executors and Assigns and of all and every other person and persons whatsoever lawfully claiming by from or under him the said G. E. his estate or title and absolutely freed and discharged from all charges and incumbrances whatsoever done or suffered by him the said G. E. or by his means act or procurement And the said J. S. for himself his c. A Covenant if the number of Acres be wanting so much money to be repaid ut supra That in case the said Lands wood-grounds and premisses hereby mentioned to be assigned together with other parcels of Copy-hold Lands of the said J. S. lying in E. aforesaid and by him the said J. S. sold to him the said T. L. and his heirs shall fall out and appear to be under the quantity of 24 Acres at which quantity the same is now sold and estimated unto him the said T. L. That then he the said J. S. his Executors and Assigns shall pay and allow unto him the said T. L. so much moneys and after the rate of 12 pound for every acre and after that rate for a greater or lesser quantity than one acre that shall want of the said quantity and number of 24. acres And also that he the said T. L. his c. To enjoy against the Mortgagor shall and may quietly and peaceably have hold possess and enjoy all and every the said Lands and premisses with their appurtenances without the let sute trouble disturbance molestation interruption or eviction of him the said J. S. his Heirs Executors and Assigns and of all and every other person and persons whatsoever lawfully claiming by from or under him the said J. S. his estate or title and absolutely freed and discharged from all fines issues amerciaments forfeitures and all and all manner of charges and Incumbrances whatsoever made done or suffered by him the said I. S. or by his act means neglect or procurement the foresaid recited Indenture of Lease made to the said G. E. only excepted c. A Lease for three Lives of a Messuage and Lands unto those that sold the same it being so agreed upon sale thereof Well peâ—â—d THis Indenture made c. between J. B. of c. on the one part and J L. of c. and E. his wife and J. L. his Sonne on the other part Whereas the said J. L. and E. his wife Recital of the Lessies sale with agreement that the Lessâ— should make a lease by their Indenture of bargain and sale dated the second day of October last past for the Consideration therein expressed and by other assurance in Law have sold and conveyed unto the said J. B. his heirs and assigns for ever all that Messuage or Tenement with the appurtenances wherein the said J. L. then did and now doth inhabit scituate and being in L. M. aforesaid and all those the Lands hereafter particularly mentioned and expressed as by the said recited Indenture of bargain and sale amongst other things therein contained it doth and may appear And whereas it was agreed between
of or in the premisses or any of them at the time of such view or search as is aforesaid shall be found and whereof Notice in Writing shall be given or left to repair and amend the same in manner and form aforesaid shall not from time to time be well and sufficiently repaired and amended alwayes within the space of six months after every such Notice given or left in Writing as aforesaid That then and at all times after in every the Cases as aforesaid it shall and may be lawful to and for the said I.B. his heirs and assigns and every of them into and upon the said Messuage or Tenement Lands and Premisses and every of them to re-enter and the same to have again retain repossess and enjoy as in his and their first and former estate This Indenture or any thing herein contained to the contrary thereof in any wise notwithstanding And the said I. B. for him his heirs and assigns and for every of them doth Covenant c. by these presents The Lessee to enjoy performing Covenants That they the said I. L. E. his wife and the said I.L. by and under the yearly Rent Covenants and Conditions in and by these presents reserved and on their parts severally to be paid done performed according to the intent of these presents shall or may peacably and quietly have hold possess and enjoy the said Messuage or Tenement Lands and all other the premisses with their appurtenances without the let sute trouble disturbance denial molestation interruption or eviction of him the said I. B. his heirs and assigns and of all and every other person and persons whatsoever lawfully claiming by from or under him the said I. B. his heirs or assigns or his their or any of their estate right or title In witnesse whereof c. An Indenture reciting a Bargain and Sale of the Moiety of a Mannor c. in trust for the use of another the same is hereby re-conveyed to the person trusting THis Indenture made c. Between Sir W. B. of c. on the one part brother and heir to H.B. Esq deceased and W. E. of H. c. on the other part Whereas Sir I. W. of c. and I. F. of c. by their Indenture bearing date the second day of c. in the Twelfth year of c. did alien bargain and sell unto the said H.B. and E. P. of c. all that Messuage or Tenement with the appurtenances scituate and being in L. aforesaid in the County of c. all those c. And also Common of Pasture and Feeding for such and so many horses beasts sheep and other Cattel to be had and taken in and upon the Common Fields Meadows Pastures and Common places in L. aforesaid at such times and seasons of the year and in such manner and form as the Tenants and Occupiers of the said premisses have before this time used to have and take the same and also all and singular Houses Edifices c. and also the Reversion and Reversions of all and singular the said premisses and the yearly Rents thereupon reserved To have and to hold the one Moiety and half-part of all the said Messuage or Tenement and of the said four Yard-lands of Arable Land Meadow and Pasture and of all and singular other the said premisses whatsoever with the appurtenances in and by the said recited Indenture bargained and sold and of every part and parcel thereof to the said H. B. his heirs and assigns to the only use and behoof of him the said H.B. his heirs and assigns for ever Which said Grant Bargain and Sale for and concerning the said Moiety of all and singular the premisses before mentioned to be by the said recited Indenture granted bargained and sold unto the said H. B. as aforesaid was had and made to and in the name of the said H. B. by the nomination and appointment of the said W. E. and in trust to the use of the said W.E. his heirs and assigns Now this Indenture further witnesseth That the said Sir W. B. according to the said trust and at the request and desire of the said W.E. and for divers other good causes and considerations him thereunto moving Hath aliened bargained sold enfeoffed and confirmed and by these presents doth alien bargain sell enfeoffe and confirm unto the said W. E. his Heirs and Assigns All that the said moiety and half part of all the said Messuages and of the said Four yard-Yard-lands of Arable Land Meadow and Pasture with the Appurtenances and every part and parcel thereof and all other the premisses whatsoever in and by the said recited Indenture bargained and sold unto the said H. B. or to his use as aforesaid and also the Reversion and Reversions of all and singular the Moiety and half part oâ— all and singular the said premisses and every part thereof and the yearly Rents thereupon reserved due and payable To have and to hold the said Moiety and half part of all the said Messuage or Tenement and of the said Four yard-yard-Lands of arable Land Meadow and Pasture with their Appurtenances and the Reversion and Reversions before specified in and by the said recited Indenture bargained and sold to or for the use of the said H. B. as aforesaid unto the said W. E. his heirs and assigns to the only use and behalf of the said W. E. his heirs and assigns for ever And the said Sir H B. for himself his Heirs Executors and Administrators and for every of them doth Covenant and grant to and with the said W. E. his c. That he the said Sir H. B. for and notwithstanding any act or thing whatsoever by him done or suffered to the contrary now is and at the time of the ensealing hereof of the first executing an estate by force of these presents shall be lawfully seized in his Demeasâ— as of Fee-sim le to him and his heirs of and in the Moiety and one half of the said Messuage or Tenement and premisses whatsoever with the Appurtenances in and by the said recited Indenture bargained and sold unto the said H. B. to his use as aforesaid and that he the said Sir H.B. for and notwithstanding any act or thing by him done or suffered to the contrary as aforesaid now hath and then shall have good right full power and lawful authority to bargain sell and convey the said Moiety of the said Messuage or Tenement and Premisses with the Appurtenances in the said recited Indenture bargained and sold unto him the said H. B. as aforesaid unto the said W. E. his heirs and assigns according to the intent of these presents And that he the said W.E. his heirs and assigns shall or may for ever hereafter peaceably and quietly have hold occupy possess and enjoy the said moiety of the said Messuage or Tenement and Premisses with the Appurtenances in the said recited Indenture mentioned to be conveyed to the said
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 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
as aforesaid And of and from all Actions Sutes Costs Charges Damages Expences and Demands whatsoever which he the said J. S. his Executors Administrators or Assigns shall hereafter happen to incur sustain or be put unto for or by reason of the payment of the said Sums of five shillings a piece for the use of the said M. and A. to the said T. their Father as aforesaid That then this Obligation shall be void or else it shall stand in full force and vertue A Condition to pay the Rent reserved in a Lease according to the Covenant therein exprest THe Condition of this Obligation is such That whereas the within named I. C. by his Indenture of Lease of the date within written did Demise grant and to farm-let unto the within bound H. B. all that Messuage or Inne called the Signe of the White Horse with all Cellers Sollers Chambers Rooms Yards Stables and Appurtenances thereunto belonging as it is now in the Tenure or occupation of the said I. C. set and being in S. in the Parish of St. O. in S. in the County of S. except as in the same Lease is excepted To have and to hold the same from the Feast of the Nativity of St. John Baptist next coming after the date of the same Lease unto the end and term of Ten years and one quarter of a year from thence next ensuing and fully to be compleat and ended yielding and paying therefore yearly during ten years of the said term of ten years and one quarter of a year to the said I. his Executors or Assigns Twenty and four pounds of lawfull money of England at Four Terms of the year that is to say at the Feast of St. Michael the Arch-Angel the Birth of our Lord God the Annuntiation of our Lady and the Nativity of St. John Baptist or within fifteen dayes next after every of the said Feast Dayes by even portions And for the last quarter of a year six pounds at the Feast of St. Michael the Arch-Angel next ensuing the said term of ten years or within fifteen dayes then next following as by the same Lease more at large appeareth If therefore the said H. B. his Executors or Assigns do yearly and every year during the said Term of Ten years well and truly yield and pay or cause to be yielded or paid to the said I. C. his Executors or Assigns the said yearly Rent of Twenty and four pounds at the said Four Feasts or Terms of the year mentioned in the said Lease or within Fifty dayes next after every of the said Feast-dayes by even portions and the said Summe of Six pounds at the said Feast of St. Michael the Arch-Angel next after the end of the said Ten years or within fifteen dayes then next following according to the tenure and true meaning of the same Lease That then this Obligation to be void and of none effect Or else to be in full force and vertue A Defeazance on a Recognizance or Statute-Staple THis Indenture made the one and twentieth day of August Anno Dom. 1634. and in the Tenth year of the Reign of our Soveraign Lord Charles by the grace of God King of England Scotland France and Ireland Defender of the Faith c. Between J.B. Citizen and Salter of London of the one part and G. B. Citizen also and Salter of L. of the other part Witnesseth That whereas the said G. B. by a certain Recognizance of the nature of a Statute of the Staple made and provided for the Recovery of debts taken Recognized and sealed before Sir J. C. Knight Mayor of the Staple of W. and E. L. Esq Recorder of the City of L. bearing date with these presents standeth and is bound unto the said I. B. in the summe of Four hundred pounds of lawful money of England payable as by the same Recognizance more at large appeareth Nevertheless the said I. B. is contented and agreed and doth covenant promise and grant for himself his Heirs Executors and Administrators to and with the foresaid G. B. his Heirs Executors and Administrators and to and with every of them by these presents That if the said G. B. his Heirs Ezecutors Administrator or Assigns or any of them do pay or cause to be paid unto the said I. B. his Executors Administrators or Assigns or any of them at or in the now dwelling house of the said I. B. scituate in the Parish of St. A. H. London the Summe of Two hundred and eight pounds of lawfull money of E. on the Three and twentieth day of F. next coming after the date of these presents without fraud or coven That then the foresaid Recognizance shall be utterly void and of none effect or else to remain in full force strength and vertue In witnesse whereof the parties first above named to the present Indentures interchangeably have set their hands and seals dated the day and year first above written A Grant of Lands in Fee in consideration of money and in further consideration of exchange of other Lands THis Indenture made c. between c. Witnesseth That the said L. G. and also for and in consideration of a certain competent Summe of lawful money of England to him in hand before the ensealing and delivery of these presents by the said I. B. well and truly paid and for and in consideration of other Lands Tenements and Hereditaments by the said I. B. conveyed and assured to the said L. G. and his heirs in exchange Whereof and wherewith the said L. G. acknowledgeth himself fully satisfied and contented and thereof and of every part and parcel thereof clearly acquitteth and dischargeth the said I. B. his heirs and assigns by these presents hath bargained sold aliened enseoffed and confirmed and by these presents doth fully and clearly bargain sell alien enseoffe and confirm in exchange unto the said I. B. and his heirs All that Scite and Capital Messuage or Tenement with the appurtenances scituate c. now being in the tenure or occupation of the said L.G. or his assigns and all and every the Barns Stables Out-houses Orchards Gardens and other appurtenances to the said Messuage or Tenement belonging or in any wise appertaining and all and every other the Lands Meadows Pastures and Closes therewith occupied by the said L. G. and being in E. aforesaid And all that Messuage or Tenement with the appurtenances scituate and being in E. aforesaid and 30 Acres of Land Meadow and Pasture thereunto belonging now or late in the Tenure c. And all that Messuage c. and all that Cottage c. and all and every the Commons Wastes Grounds Leys and other appurtenances to the premisses or any of them belonging or in any wise appertaining And all and every other the Lands Tenements and Hereditaments scituate lying and being in E. aforesaid with all and singular the appurtenances whereof E. G. Esq Father of the said L. died seized of an Estate of Inheritance and the Reversion
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
H. D. for the consideration hereafter is these presents mentioned and expressed for himself his Heirs Executors and Administrators and every of them doth covenant promise and grant to and with the said F. R. his Heirs Execotors Administrators and Assigns and every of them by these presents That he the said H. D. and _____ his Wife their Heirs Executors Administrators and Assigns shall and will at the proper costs and charges in the Law of the said F. R. his Heirs Executors Administrators or Assigns by or before the Tenth day of October now next coming after the day of the date of these presents make seal deliver do execute and acknowledge all and every such Act and Acts Deed and Deeds Fine and Fines Assurance or Assurances or other Conveyances in the Law whatsoever as he the said F. R. his Heirs Executors or Assigns or his or their Councel learned in the Law shall reasonably devise advise or require for the sure conveying setling assuring and sure-making unto the said F. R. his Heirs Executors Administrators and Assigns for ever All that Messuage or Tenement with all the appurtenances thereunto belonging or appertaining as the same now is in the occupation of P. A. Pewterer his Assignee or Assignees And of all that Messuage or Tenement with all the Appurtenances thereunto belonging or appertaining as the same now is in the tenure or occupation of _____ S. Chandler his Assignee or Assignees And of all that Room or Shop with the appurtenances now in the occupation of W. Cheese monger all which premisses are scituate lying and being on the South-side of the High-street commonly called Fleet-street London over against the Conduit at or next the Corner turning into Salisbury Court there In consideration whereof he the said F. R. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said H. D. his Heirs Executors Administrators and Assigns and every of them by these presents That he the said F. R. his Heirs Executors Administrators or Assigns or some of them shall and will well and truly satisfie content and pay or cause to be satisfied contented and paid unto the said H. D. his Heirs Executors Administrators or Assigns the full Sum of Five hundred and ten pounds of lawful money of England in manner and form following viz. Ten pounds thereof at the ensealing and delivery of these presents the Receipt of which said Ten pounds the said H. D. doth hereby acknowledge and confesse and thereof doth clearly and absolutely exonerate acquit and discharge the said F. R. his Heirs Executors and Administrators for ever by these presents And the other five hundred pounds refidue and in full payment thereof forthwith and immediately after that he the said H. D. and A. his Wife their heirs executors or assigns shall have levied and acknowledged to the sole and onely proper use and behoof of the said F. R. his heirs executors administrators and assigns in due form of Law such Conveyances and Fine or Fines of all the premisses with their appurtenances before mentioned or intended to be sold unto him the said F. R. his Heirs Executors or Assigns as the Council learned in the Law of the said F. R. his Heirs Executors Administrators or Assigns shall reasonably devise advise or require without covin or delay Item It is agreed between all parties to these presents That Assurances and Conveyances and all Fine or Fines hereafter to be had levied and acknowledged of all the premisses before mentioned shall be and enure and shall be deemed construed and taken to be and enure to the sole and only proper use benefit and behoof of him the said F. R. his Heirs Executors Administrators and Assigns for ever and to no other use intent or purpose whatsoever Lastly It is agreed That if the said _____ D. doth not travel up in person to the Cities of London or Westminster for to levy and acknowledge such a Fine or Fines or other Conveyances as shall be requisite for the sure setling of the premisses unto the said F. R. his Heirs Executors and Assigns in form afore-mentioned then he the said H. D. his Heirs Executors or Assigns shall pay and allow unto the said F. R. his Heirs Executors or Assigns at the acknowledging of such Fines the Sum of Ten shillings sterling for and towards his charges in procuring of a Writ called Dedimus potestatem to enable her the said D. to acknowledge the same Fine in the Countrey In witnesse c. Bonds to perform Covenants A plain Bargain and Sale to be enrolled THis Indenture made the _____ day of _____ in the seventh year of the Reign of our Soveraign Lord Charles by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. Between J. B. Citizen and Grâ—â—â—r of London of the one part and J. D. of H. in the County of E. Esq J. S. of Lincolns-Inne in the County of M. Esq J. C. of D. in the County of H. Clerk and R.D. Gent. second Son of the said J. D. of the other part witnesseth That the said J. B. for and in consideration of the Summe of five hundred and thirty pounds of good and lawful money of England to him in hand paid by the said J. D. the Receipt whereof he acknowledgeth by these presents hath granted bargained and sold and by these presents doth clearly and absolutely grant bargain and sell unto the said J. D. J.S. J.C. and R. D. their Heirs and Assigns for ever all that Field or parcel of Land lying and being in R. in the County of E. commonly called or known by the name of Hilly Field And all that little Marsh or parcel of Marsh-ground lying and being at or near the end of the said Field or parcel of Land And also all that great Marsh or parcel of Marsh-ground and the little Marsh or parcel of Marsh-ground adjoyning to the same great Marsh in R. aforesaid All which premisses do contain together by estimation 35 Acres be they more or less and are set lying and being in R. aforesaid and now or late in the tenure and occupation of T. L. of H. in the said County of E. Esq and the above-named I. D. or one of them or of the Assignee or Assignees of them or one of them and all buildings woods and under-woods standing and growing upon the premisses and all wayes easements profits commodities and appurtenances whatsoever thereunto belonging and all the reversion and reversions remainder and remainders estate and interest of him the said J.B. of and in all and singular the premisses with all and every their incidents and all evidences writings or minuments of or concerning the said Lands and premisses To have and to hold the said Field Marshes Marsh-grounds and premisses before mentioned with all and every the appurtenances unto the said J.D. J.S. J.C. and R.D. their heirs and assigns to the only use and behoof of them the said J.D.
said W. L. should so long live together all those and every the said Lands Meadows Pastures Layes and Hereditaments before mentioned of them the said W. L. and A. his wife lying in S. fields and W. aforesaid or in either or any of them in the said County of Y. except as hereafter is excepted and that in consideration thereof the said W. L. and A. his wife and their Heirs Assigns should have and enjoy for and during the term of sixty years if the said W. L. and A. his wife should so long live together all the arable Lands Layes Meadows Pastures and Hereditaments with the appurtenances containing by estimation two hundred acres be they more or lesse lying and being in the Northfield of S. aforesaid in the said County of Y. as the same was then measured dowled and staked out by M. F. Gent. and I. B. then appointed by the said T. C. only Surveyors of the said Mannor And also all those nine acres of Meadow c. by estimation lying and being in S. aforesaid c. It is now therefore fully concluded and agreed by and between all the said parties to this present Indenture that the same premisses shall be demised and letten in exchange in manner and form hereafter following That is to say The said W. L. and A. now his wife have demised granted and to farm-let in exchange and by these presents do demise grant and to Farm-let in exchange unto the said T. C. all those Exchange their and either of their arable Lands Layes Meadowes Pastures Hadds Flats and Hereditaments with the appurtenances set lying and being within the three several Fields of S. aforesaid called c. or in any of them in the said County of Y. containing by estimation Two hundred acres be there more or lesse now or late in the tenure or occupation of the said W. L. or of his assigns which late were the inheritance of R. B. now deceased and the inheritance whereof after his death descended and came unto I. B. as Son and Heir of the said R. B. Except and out of this present Demise and grant alwayes reserved unto the said W. L. and A. his wife c. as heretofore he or they have usually had and enjoyed for and in respect of all the premisses or as appurtenant to the same To have and to hold the said Arable Lands Layes Meadows Pastures Hadds Flats and Hereditaments and all other the premisses before mentioned to be Demised and granted by the said W. L. and A. now his wife as aforesaid with their and every of their appurtenance except before excepted unto the said T. C. his Executors Administrators and Assigns from the Feast of M. next coming after the date hereof for during and until the full end and term of sixty years thence next c. if the said W. L. and A. now wife of the said W. L. do or shall so long live together yielding and paying therefore yearly during the said term by these presents granted unto the said W. L. and A. his wife and their assigns 1 d. of good c. at the Feast of M. only if it be lawfully demanded In consideration whereof the said T. C. hath Demised granted and to farm-letten in exchange and by these presents doth Demise grant and to farm-let in exchange unto the said W. L. and A. his wife all and every the said Arable Lands Lays Meadows Pastures and Hereditaments with their appurtenances of him the said T. C. containing by estimation Two hundred acres be they more or lesse lying and being in N. field of S. aforesaid as the same is now measured dowled and staked out by the said F. M. and I. B. and also all those nine acres c. in a place there allotted and set out amongst other for the Cottages there as aforesaid To have and to hold all the said Arable Lands Lays Meadows Pastures and Hereditaments and all and singular other the premisses before mentioned to be Demised and granted in exchange by the said T. C. aforesaid with their and every of their appurtenances unto the said W. L. and A. his wife and their assigns c. for during and until the full end and term of sixty years from thence c. if the said W. L. and the said A. now wife of the said W. L. do or shall so long live together yielding and paying c. ut antea And the said W. L. doth by these presents covenant c. in manner and form following that is to say That they the said W. L. and A. now his wife Discharged of former Estates and Incumbrances their Executors Administrators and Assigns or some of them shall or will from time to time and at all times from henceforth for and during the said term of sixty years if the said W. and A. now wife of the said W. L. do or shall so long live together clearly acquit exonerate and discharge or otherwise save and keep harmlesse and indemnified as well the said T. C. his Heirs Executors Administrators and Assigns and every of them as also the said premisses before mentioned to be demised and leased in exchange by the said W. L. and A. his wife to the said T. C. and every part and parcel thereof of and from all and all manner of former and other estates charges incumbrances chief Rents troubles and demands whatsoever had made committed or done by him the said W.L. and A. his wife or either of them or by any other person or persons lawfully claiming by from or under them or either of them whereby or wherewith the same premisses or any part thereof shall or may be charged or incumbred or whereby the said T. C. his Executors Administrators or Assigns shall or may be charged incumbred or damnified of or by reason of the same premisses or any part thereof except before excepted And likewise that he the said T. C. his Heirs Executors Administrators and Assigns shall and may at all times hereafter and from time to time during the said term of sixty years For quiet enjoying if the said W. and A. now wife of the said W. L. do or shall so long live together peaceably and quietly have hold occupy and enjoy all and every the premisses to him the said T. C. Demised and granted in exchange as aforesaid and every part and parcel thereof with the appurtenances except before excepted without any manner of lawful let trouble interruption or disturbance of them the said W. L. and A. his wife or either of them or of any other person or persons lawfully claiming by from or under them or any of them And the said T. C. doth covenant for himself ut W. L. antea mutat mutand And whereas it was intended and meant by and between all the parties to these presents That the said I. B. to whom the right of Inheritance of the premisses mentioned to be Demised to the said T. C. as aforesaid doth belong
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
Copy-hold Lands at the time of the making and perfecting of the said Surrender Discharged of Incumbrances shall be and so at all times for ever hereafter shall continue unto the said J. P. his Heirs and Assigns clearly discharged or otherwise sufficiently saved and kept harmless of and from all former charges estates titles troubles surrenders forfeitures and incumbrances whatsoever made committed suffered or done by the said T. C. deceased his heirs or assigns or by the said E. S. his heirs or assigns or by the said Dame S. S. or by any other person or persons by or with their every or any of their means assent title interest act sufferance or procurements And the said Dame S. doth covenant c. That the said Copy-hold Lands and Premisses before mentioned to be granted and assigned as aforesaid That the Lands are of a certain value per annum now are of the clear yearly worth and value of 20 l. by the year above all rents charges and reprises and so are and be now well worth to be let or set and that the same Close shall from time to time hereafter so remain be and continue of the yearly value aforesaid unto the said J. P. his c. during the term and continuance of the said everal mentioned or recited Leases and either of them A Bargain and Sale of Swans and Swan-mark TO all Christian People to whom this present writing shall come A. B. of c. sendeth greeting c. Know ye That I the said A. B. for divers good causes and considerations me in this behalf specially moving have given and granted and by this my present writing do give grant and confirm unto C. D. of c. all those my Swans and Signets and game of Swans and Signets white and grey marked with the ragged-staffe swimming remaining and being in upon or about the River of W. in the County of c. or in upon or about any other Rivers Brooks waters or places within the same County of c. or elsewhere wheresoever And all rights royalties priviledges preheminences profits and commodities whatsoever to the same Swanners and Signets and game of Swanners and Signets or any of them in any wise belonging incident or appertaining together with the Swan-mark aforesaid To have and to hold the said Swans and Signets and game of Swans and Signets and Swan mark aforesaid with their rights and appurtenances whatsoever unto the said C. D. his heirs and assigns for ever in as large ample and beneficial manner and form as I the said A. B. or any my Ancestors ever have held held or enjoyed or might or ought to have had held or enjoyed the same In witness c. A Bargain and Sale of under-wood THis Indenture made c. between c. Witnesseth That the said A. B. for and in consideration of the Sum of c. whereof c. hath bargained and sold and by these presents doth bargain and sell unto the said C. D. and all and singular Woods and Under-woods growing and being within the Grove called W. grove and the hedge of the same containing by estimation sixteen acres be it more or less lying and being in the Parish of D. in the County of H. and also all the lops and shreds of all such Trees being within the said grove called W. as have been usually lopped at the selling of the Under-wood growing within the said grove except and alwayes out of this present Sale reserved unto the said A. B. his heirs and assigns all manner of Trees whatsoever other than under-wood now growing or being in or upon the same grove or any parcel thereof To have and to hold the said underwoods lops and shreds before by these presents bargained and sold except before excepted unto the said C. D. his Executors and Assigns to his and their only proper use and behoof And the said A. B. doth covenant c. That he the said C. D. his Executors and Assigns at his and their liberty and pleasure shall or may peaceably and quietly have hold take and enjoy the said Underwoods and enter into the said grove and every part and parcell thereof there to fell hew and cut down all and singular the said woods and under-woods and hedge-rowes at all seasonable times in the year from the day of the date hereof untill the c. and the same so felled hewed and cut down with his and their or any of their horses carts and carriages to bear load carry and convey from thence to any other place or places at his and their liberty and pleasure at all time and times during the space of three years by all convenient ways thereunto now used and accustomed without any lawful let contradiction c. And the said C. D. doth covenant c. That he the said C. D. his Executors and Assigns shall and will at every felling which he or they shall make of the said woods under-woods and trees leave standing and growing in and upon the premisses so many competent and sufficient standards staddels and stories as by the laws and statutes in that case provided is or ought to be left and also shall and will at his and their own proper costs and charges make good all hedges and fences about the young Springs of the said Wood for the safe keeping thereof from hurt and spoil of Beasts and Cattel according to the Custome of the County there In witness c. A sale of Billets and Wood or Timber THis Indenture made c. between T. C. R. W. and G. M. of the one part c. and J. B. and R. W. c. on the otherparty witnesseth That the said c. for the considerations here under mentioned have bargained and sold and by these presents do fully and clearly bargain and sell unto the said c. Ten thousand loads of good merchantable and lawful Western Billets at and after the rate and price of three shillings and six pence the load and also five hundred loads of good merchantable sound and well squared Oken Timber accompting fifty foot to every load at and after the rate and price of ten shillings the load with such deductions and defalcations out of the same several prises as is here under expressed and the same Billets and Timber to be delivered at such places and times and in such manner and form as here-under is mentioned and the said c. to and with c. That they the said T. W. and G. or some of them their c. shall and will and truly deliver or cause to be delivered to the said c. all and every the said Ten thousand loads of Billets and five hundred loads of Timber of the kinde and goodness aforesaid to the proper use of them the said c. free and discharged of all manner of charges and incumbrances whatsoever and allowances water carriage onely excepted at and upon some Wharfe or Wharfes in Henly upon Thames and
and Administrators all and all manner of other actions sutes and demands whatsoever which at any time heretofore he hath had or at any time hereafter shall or may have to or against the said D. N. his Executors or Administrators for or by reason of any other matter cause or thing whatsoever from the beginning of the World untill the c. day of c. In witnesse c. A Release of a Condition in an Indenture of Bargain and Sale with the Proviso recited TO all Christian People to whom c. T. C. and R W. c. greeting c. Whereas the said T. C. and R. W. by their Indenture of Bargain and Sale bearing date as well for and in consideration of the sum of 1000 l. c. then in hand paid to E.E. by M. P. as for 20 s. of c. paid unto the said T. C. and R. W. and for divers other good causes and considerations them thereunto especially moving did bargain sell enfeoffe and confirm unto the said M. B. his heirs and assigns for ever all that their Park of N. c. verbatim as in the Indenture of Bargain and Sale as by the same recited Indenture amongst divers other grants covenants provisoes clauses and agreements therein contained more plainly and at large it doth and may appear In and by which said Indenture before recited there is a condition or proviso contained in these words or to this effect following that is to say Provided alwayes That if the said M.B. c. reciting the Proviso or Covenant truly Now know ye That we the said T.C. and R. W. for divers good and reasonable causes and considerations us in this behalf specially moving have remised released and quit-claimed and by these presents do for us and our heirs remise release and do for ever quit-claim unto the â—aid M.B. being in his full and peaceable possession and seisin of the premisses and to his heirs and assigns to the only use and behoof of him the said M.B. his heirs and assigns for ever the said proviso and condition and all and every article matter and clause concerning the same and all the estate right title interest claim condition entry benefit and demand and every of them whatsoever which we the said T.C. and R.W. or either of us have or hath or may or ought to have or claim of in or to the said Park called N. Lodges lands tenements meadows feedings pastures woods under-woods waters fishes fishings waste-ground hereditaments and all and singular other liberties profits and commodities whatsoever mentioned or expressed or intended to be granted bargained or sold in or by the said recited Indenture dated c. and of in and to every part and parcel thereof with the appurtenances so that neither we c. as in other before with warranty as aforesaid A Release of an Annuity TO all Christian People to whom c. A.B. greeting c. whereas the said A. B. by his Deed c. reciting the grant of Annuity Now the said A. B. in consideration c. hath granted remised released and quit-claimed and by these presents doth grant remise release and for ever quit-claim unto the said R. O. being the true and lawful owner of the said Mannor of R. and in possession of the same at the ensealing and delivery hereof the said Annuity or yearly Rent of thirteen pounds c. and all the arrerages thereof if any be and all the estate right title interest benefit claim and demand whatsoever of him the said A. B. in and to the said Annuity or yearly Rent of 13 l. or any arrerages distresse or distresses entry or forfeiture had or taken or which may or can be had taken or claimed for concerning or by reason of the said Annuity or yearly Rent or Arrerages thereof if any be In witness c. A Release of the Condition and other Covenants in an Indenture of mortgage with a confirmation from the Mortgager to the Mortgagee THis Indenture made the c. between Sir H. H. c. of the one party and R. H. and G. L. of the other party Whereas the said Sir H. H. by one Indenture bearing date c. as well for and in consideration of the Summe of 400 l. then already paid unto the said H.H. before the ensealing and delivery of the said Indenture as also for and in consideration of the Summe of 1000 l. c. to be paid unto the said H. his Executors or Assigns at such a day time and place and in such manner and form as in the said recited Indenture dated c. were set down and expressed hath given granted bargained sold confirmed and delivered unto the said R.L. and G. L. their heirs and assigns forever all that the Mannor or Lordship of E. in the County of L. c. as in the Indenture And sithence the said Sir H.H. and R. his wife have â—â—vied a fine of the said Mannor or Lordship Messuages 〈…〉 Tenements and of other the Premisses or of the greatest part thereof unto the said R. L and G. L. and to the heirs of one 〈◊〉 them And sithence a Recovery in and by a Writ of Entry Sâ— disseisin en le post hath been had of the premisses or oâ— the most part thereof against the said R.L. and G. L. who vouched therein to warranty the said H.H. who thereupon entred into the warranty and vouched over to warranty the common voucher in and by all things according to the usual order and form of Common Recoveries with double voucher for assurance of Lands and Tenements which Recovery hath been executed by Writ of Habere facias seisin accordingly which said fine and recovery and all other fines and recoveries whatsoever sithence the date of the said Indenture had levied or suffered by or between any of the said parties to the same Indenture or any of them of the premisses or of any part or parcel thereof were had levied and suffered to the only use of the said R. L. and G. L. and their heirs upon the condition contained in the same Indenture and according to the intent and true meaning of the same Indenture dated the said first day of c. and to no other use intent or purpose In which said Indenture dated the said first of c. there is a Proviso or condition contained in these words or to this effect following that is to say Provided alwayes c. reciting the Proviso And in which said recited Indenture dated the said first day of c. there is a Covenant contained in these words or to this effect following that is to say And the said R. L. and G. L. do covenant and grant c. reciting the Covenant That the Mortgager may have and receive the issues of the Lands mortgaged till the day of payment c. And in which said recited Indenture dated the said first day of c. there is also contained a Covenant in these words or to
himself his Heirs Executors and Administrators to and with the other his Heirs Executors and Assigns That the whole benefit commodity and profit and the summe and summes of money which at any time hereafter shall be had or received arising coming growing and renewing of for or concerning the said Lands before expressed and specified and every part and parcel thereof by the said c. or any of them or any of their Heirs Executors Administrators and Assigns or any of them or any other person or persons by their or any of their means or procurement shall be equally and indifferently distributed between every of them the said c. in such sort as every of them their and every of their Heirs Executors Administrators and Assigns shall have their equal part and portion without any manner of fraud or covin And also it is further agreed between the same parties that in case any of them happen to decease at any time hereafter that then the benefit and profit of the Premisses shall be to the use of the Heirs Executors and Assigns of him or them so deceased in such and the like manner as if he or they had been alive and that no advantage or benefit shall be received or taken by any of the parties for or by reason of any Survivorship And moreover it is fully agreed between the said c. that they nor any of them shall at any time hereafter bargain sell grant convey assure or alien nor suffer to be conveyed or aliened by or from them or any of them the said Messuages Lands Tenements Hereditaments and Premisses or any part or parcel thereof or his or their estate right title or interest of in or to the same or any of them to any person or persons whatsoever unless it be by and with the consent privity knowledge or agreement of such of the said other parties to these presents as then shall be living under his or their hands and seals in writing first had and obtained In witness c. An Indenture where a Lease is granted to three joynt-Leases that every of them is to pay his part of the Rent and equal parts in the charges of repairing and other charges THis Indenture Tripartite made c. Witnesseth That whereas the said parties are and stand possessed of and in the Messuage Tenement or Inne called the Ship set lying and being in the Parish of c. and of one Field c. and of in and all and singular houses buildings Barns stables Shops Cellers Sollers waste-grounds entries issues wayes and all other commodities Rents and profits to the same belonging or appertaining that is to say every of them a full third part of all and singular the Premisses into three equal and even parts to be divided for and during the several terms hereafter mentioned that is to say for and during the term of fourteen years mentioned and granted in and by a certain Indenture of Lease bearing date c. made by one M.N. c. to the said A. B. of and touching the Premisses which term did commence at the Feast of c. then last past before the date of the same Indenture And for and during the term of Thirty years mentioned and granted in and by the Letters Patents of our c. under the great Seal of England bearing date c. granted by our said c. unto c. of and in the Premisses as by the said Indenture of Lease and Letters Patents aforesaid more at large appeareth It is now covenanted granted concluded and agreed by and between the said parties to these presents and every of them â— and every of them doth severally covenant and grant to and with the other of them severally by these presents that they and every of them and the Executors Administrators and Assigns of every of them for his her and their and every of their parts shall not onely well and truly content and pay or cause to be contented or paid the full third part and portion of all and singular such yearly Rents as are reserved in and by the said Indenture of Lease and Letters Patents aforesaid and either of them at the dayes times and place limited and appointed for the payment thereof and that from time to time for and during the said several estates and terms of years before mentioned but also shall at all times hereafter and from time to time for and during the terms aforesaid pay bear allow and disburse the full third part and portion of all such summe and summes of money and other charges whatsoever as shall grow due or payable or be convenient or necessary to be born or paid for the reparations of the Premisses or for the recovery or defence of the title thereof or of any parcel thereof and shall also condescend and agree to all and every such account suit and other act and acts which shall be necessary or convenient to be attempted prosecuted or done for touching and concerning the premisses or any parcel thereof tending to the profit or benefit of the said parties and shall not do procure or cause to be done any act or acts thing or things whereby or by reason whereof the estate interest or title of the said parties or any of them shall or in any wise may be impaired hindred determined or avoided except it be by and with the assent consent and agreement of the other of them in that behalf first had and obtained And further the said A. B. doth covenant c. That the said C. D. his Executors and Assigns and every of them shall have occupy use and enjoy all such Easements wayes liberties and passages and shall quietly have free egress ingress and regress into and from the said Inne Tenement Field and other the Premisses for the using and occupying a full third part of the Premisses without let or disturbance of the said A. B. his Executors Administrators and Assigns in such manner and form as the said M. N. hath heretofore had occupied used and enjoyed the same Premisses The like covenant to E. F. and the like from C.D. to A. B. and E.F. and the like from E.F. to A.B. and C.D. mutat mutand tunc In witness c. The Grant of a Keepership of a Park TO all Christian People to whom this present writing shall come I A. B. send greeting c. Know ye That I the said A. B. for and in consideration of the good and faithful service by my Servant E. R. to me heretofore done and hereafter to be done have given and granted and by these presents do give and grant unto the said E.R. the Office of Keeper of my Park at Y. called B. Park in the County of C. and also his habitation and dwelling in the Lodge belonging to the same Park with the going and pasturing of one Gelding and six Kine yearly within the same Park And further know ye That I the said A.B. have given and granted
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
is covenanted and agreed should and would convey and assure or cause to be conveyed and assured unto the Right Honourable H. Earl of D. since deceased and to the said R. H. T. T. J. B. and H. H. and their heirs and to the Survivor of them and his heirs all and singular the Mannors of S. B. and S. in the said County of L. and also all and singular Suits Seigniories Services Franchises Priviledges Court-Leets Perquisites of Courts and Leets View of Frank-pledge and all appurtenances Emoluments and Hereditaments whatsoever unto the said Mannors and Lordships or unto any of them belonging and appertaining and also all and singular his Mannors Messuages Lands Tenements and Hereditaments whatsoever within the several Towns Townships Fields Hamlets Precincts and Territories of S. H. A. and O. and elsewhere in the County of L. to the several uses intents and purposes in the said recited Indenture mentioned expressed and declared and to no other use intent or purpose in any wise The particulars of which said Uses do more plainly appear in and by the said recited Indenture relation being thereunto had In which said recited Indenture of the 35 year of her Highness Reign there is nevertheless contained one Proviso or Clause to the tenor or effect hereafter following that is to say Provided nevertheless c. here recite the Proviso of Revocation verbatim Now therefore it is agreed by and between the parties to these presents and the said E. S. according to the tenor power or liberty of the said Proviso being fully minded and determined to alter the Estate and Estates limited in use in or by the said mentioned Indenture of the 35 year of her Highness Reign unto T. S. of B. and the Heirs males of his body and also the Estate and Estates limited in use in or by the said recired Indentures unto J.S. for term of his life without impeachment of wast and after his decease then to E. S. son of the said J. and the heirs males of his body lawfully begotten doth by these presents and by force and according to the said Proviso or the power or liberty thereof revoke repeal and derermine all and every the said estate and estates in any wise limited in use in or by the said recited Indentures unto the said T. S. of B. and the Heirs males of his body lwfully begotten and also all and every the estate and estates in or by the said Indentures limited in use unto the said J.S. for term of his life and all and every the estate or estates in or by the said Indentures limited in use unto the said E. S. son of the said J. and the heirs males of his body lawfully begotten of in for or concerning all and every the Mannors Lands Tenements and Hereditaments with their and every of their appurtenances in any wise comprised or specified in or by the said Indentures And likewise the said E.S. doth hereby limit publish and declare according to the tenor of the said recited Proviso that all and every the Estates in any wise manner or form limited in use in or by the said recited Indenture unto the said T. S. and the Heirs males of his body lawfully begotten as also all and every the estate and estates in any manner or form limited in use in or by the said Indenture unto the said J. S. for term of his life without impeachment of wast and all and every the estate and estates in any wise manner or form limited in use in or by the said Indenture unto the said E. S. son of the said J. and the Heirs males of his body lawfully begotten shall from thenceforth of in for and concerning all and every the Mannor Lands Tenements and Hereditaments with their appurtenances in any wise comprised in the said recited Indenture shall cease determine be frustrate void and of no farther effect or continuance in Law any the limitations of use or uses in the said mentioned Indenture or any other matter or thing whatsoever to the contrary hereof in any wise notwithstanding And that all and singular the said Mannors Lands Tenements and Hereditaments aforesaid with their and every of their appurtenances and the only use thereof shall from henceforth remain continue and be unto the said E.S. party to these presents and his Heirs for ever and not in any sort manner or form unto the said T. S. and the heirs males of his body nor to the said J.S. for term of his life nor to the said E.S. Son of the said J. and the Heirs males of his body lawfully begotten nor to their or any of their Assign or Assigns In witness whereof c. A Declaration of Uses upon the Revocation above-written TO all to whom these presents shall come E.S. of S. in the County of L. Esq sendeth greeting Know ye That I the said E. S. having before the making hereof revoked reduced and revested the Estate of Inheritance of all and singular my Mannors Messuages Lands Tenements and Hereditaments whatsoever with the appurtenances scituate c. in and to me the said E.S. and my heirs for divers causes and considerations me thereunto moving Have Given Granted and Confirmed and by these presents do Give Grant and Confirm unto A. B. of c. and R.L. of c. all and singular my Mannors Messuages Lands Tenements and Hereditaments whatsoever with their appurtenances To have and to hold the said Mannors c. unto the said A. B. and R. L. their heirs and assigns to the several uses behoofs intents and purposes hereafter in these presents specified and to no other use intent or purpose whatsoever that is to say to the onely sole and proper use of me the said E.S. and my heirs and assigns for ever In witnesse c. We will now Illustrate the matter with some few Cases And first 1. In Trin. 25 H. 8. Barloe and those who were seised in Fee of the Land gave it to Jo Aprice and Joan his wife and the heirs of their two bodies engendered and after Jo. Aprice did discontinue the tayl to the use of Richard his Son and Anne his Wife and to the heirs of the body of the said Richard and after the said John dyed and Joan survived him And after Richard enfeoffed one Thomas a Bastard son in Fee After Anne dyes and one Robert Pattershall and others recover the same Lands against the said Thomas in a Writ of Entry in le Post wherein Thomas vouched the said Richard which voucheth over the common Vouchee and thereupon Judgment and Execution was had After this Joan dyed after whose death Richard dyed without lawfull Issue of his Body and after one Thomas Aprice younger Brother to the said Richard and Son of the said John and Joan brought a Formedon in Descender against Thomas the Bastard son and recovered the Land for that Joane was living at the time of the Recovery had and therefore the first entail was not bound and by the death
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
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
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
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
she the said A. Lady D. shall in her life-time under her hand or by her last Will in writing appoint or give consent unto And the said A. Lady D. doth hereby also declare that her intent is in case she should not in her life time as aforesaid or by her last Will make any Declaration of her intent for the disposing of the premisses or in case she the said A. Lady D. shall make such Declaration for part and not for other part then the said parties trusted and every of them shall respectively convey their several Estates in the premisses or of so much thereof as she the said A. Lady D. shall not so make a Declaration of to W. D. Esq second Son of the said A. Lady D. and to his Heirs Executors and Assigns according to the intent of these presents and shall alwayes permit her and her assigns as aforesaid to receive and enjoy all and every the Rents and Profits of the same In witness whereof c. A Letter of Attorney to demand a Rent according to a Lease TO all Christian People to whom c. E.F. of c. and J. P. of c. send greeting in our Lord God everlasting Whereas the said E. F. and J. B. by their Indenture dated the fifth day of c. did demise and grant unto J. B. of C. in the said County of B. Yeoman and his Assigns all that Wood-ground with the soyl thereof called by the name of W. Wood containing by estimation 60 Acres were the same more or lesse with the appurtenances thereunto belonging lying in the Parish of C. aforesaid to hold the demised premisses to the said I. B. and his Assignes from the Feast of the Birth of our Lord God then last past for the term of Twenty one years from thence next ensuing by and under the yearly Rent of Thirty pounds six shillings and four pence payable to the said Edmund F. and J. P. at the Feast of the Nativity of St. John the Baptist and the Birth of our Lord God by equal portions at the Font-stone in the Temple-Church London with this special Proviso or Condition in the said Indenture contained That if the said yearly Rent or any part thereof should be unpaid in part or in all at the place aforesaid by the space of ten dayes next after either of the said Feasts or dayes of payment the same being lawfully demanded that then and at all times afterwards it should be lawfull for the said E. F. and J. P. and their assigns to re-enter upon all the premisses and the same to have again retain repossess and enjoy as in their former estate and right as by the said Indenture amongst other things herein contained appeareth Now know ye That the said Edmund F. and J. P. have and hereby do depute constitute and appoint and in their stead and place put their well-beloved Friend J. H. of L. Esquire their true and lawful Attorney for them and in their names to ask and demand according to the Proviso in the said Indenture contained the half-years Rent that shall grow due upon the said Demise by the said J. B. or his Assigns being the sum of Fifteen pound three shillings and two pence at the Feast-day of the Birth of our Lord God now next ensuing And also they the said Edmund F. and J. P. do hereby authorize and appoint the said J. H. to demand the said Rent and Sum at the time and place in the Proviso in the said reciâ—ed Indenture mentioned for payment thereof according to the Proviso or the intent thereof And the said E. F. and I. P. do hereby further authorize and appoint the said J. H. Authority to demand a Rent Toties quoties from time to time and at all times during the continuance of the said Term that shall be unexpited and to come at or after the said Feast-day of the Birth of our Lord God now next ensuing for them and in their names to ask and demand on the tenth day next after either of the said Feasts or dayes of payment according to the Proviso in the said Indenture contained all such Rent and Rents that shall grow due to be paid upon the said Demise at either of the said Feasts by the said J. B. or his Assigns at the time and place in the Proviso of the said recited Indenture mentioned for payment thereof according to the purport and form of the same ratifying and allowing all and whatsoever the said I. H. shall do in the premisses as if they themselves were personally present and did demand the same In witnesse c. A Letter of Attorney to re-enter upon the former Letter of Attorney TO all Christian People to whom c. E. F. of c. and I.P. of c. send greeting Whereas c. reciting the Indenture mentioned in the former Letter of Attorney and then reciting That whereas the said E. F. and I. P. by their Letter of Attorney dated c. did authorize and appoint J. H. of c. to ask and demand in their names and to their use the half-years Rent c. viz. the summe of 15 l. 3 s. 2 d. which was then to grow due and payable at the Feast day of the Birth of our Lord God then next ensuing and for non-payment whereof the said E. F. and I.P. by a Proviso in the said recited Indenture might lawfully re-enter if the same should be behind by the space of ten dayes after the said Feast according to the form and effect of the said recited Indenture and Proviso And whereas the said J.H. did demand the said half-years Rent of 15 l. 3 s. 2 d. due and payable by vertue of the said Proviso and the power to him given by the Letter of Attorney aforesaid Yet notwithstanding the said I. B. and his Assigns nor either of them have not paid the said half-years Rent according to the reservation and Proviso of the said recited Indenture Now know ye That the said E. F. and I. P. have and hereby do depute constitute ordain and appoint their 〈◊〉 Well-beloved Friend J. H. their true and lawfull Attorney for them and in their names and to their use into all and every the premisses demised by the said recited Indenture unto the said I. B. and his assigns to re-enter and the same to have detain and keep for them and to their use according to the power and condition in the said recited Indenture mentioned ratifying allowing ut supra in the former In witness c. An Indenture of Covenants declaring that a mans name is but only used in Trust in the taking of an Assurance THis Indenture made c. between T. B. of the one part and A. B. of c. of the other part witnesseth Whereas T.H. by his Indenture of Bargain and Sale bearing date c. See down the Consideration and Plaint made between c. for the consideration therein mentioned did grant bargain and
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-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