part thereof and also all the estate right title interest claime 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 in their names and stead joyntly or severally to enter into the said lands tenements premisses or into some part thereof in the name of the whole and possession thereof for them and 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 atturney according to the forme of these presents ratifying and confirming and allowing all and whatsoever their said atturneys or either of them shall do in the premises by vertue of these presents In witnesse 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 eleventh year of the Reign of our Sovereign Lord Charles by the grace of God of England Scotland France and Ireland King defendor 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 Recital of a Will Grand-father of the said T. B. party to these presents 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 situate 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 arrable Land 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 lesse And whereas the said T. B. the Grandfather 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 Heire 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 Meadows and Premisses with the Remainders over as aforesaid Now this Indenture witnesseth That the said T. B. party to these presents estate- To cut off the estate-estate-tail intending as well to cut off the said estate-estate-tail and to barre the Remainders thereon depending and to settle the said Messuage or Tenement Close Lands Meadows and Premisses to him the said T. B. 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 Messuage Lands Meadows 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 Doth hereby Covenant and Grant for himself Covenant to levy a Fine 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 Highnesse Justices of his Highnesse 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 Councel learned shall seem meet and expedient To the intent that he the said T. M. shall by force thereof stand and be seized of the Messuage or Tenement Close Lands Meadows and premisses 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 To suffer a Recovery Meadows 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 levyed 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 Highnesse Justices of his Highnesse said 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. M. shall appear Gratis and shall enter into the Warranty and
the County of Es with their and every of their rights revenews 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 arrising renewing and encreasing within any the Towns Parishes Hamlets 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 I. S. their heirs or assigns or by their or any of their Council 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 levyed 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 Free-hold 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 may be had and executed of all and singular the same premisses To suffer a Recovery 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 prosecute several Writs of Entry Sur disseisin in 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 in le post so to be brought the said W. N. and A. T. shall personally appear And then immediately after their appearance and 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 forth with Gratis and without Processe 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 and upon the said several Writs of Entry Sur disseisin in 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 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 assignes 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-Fee-tail to himself and the heirs of his body without any Reversion or Remainder in 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
THE Third Part Of the YOUNG CLERKS GUIDE Or a further COLLECTION Of Choice English Presidents For Indentures of Settlement of exchange of bargains and sales Letters of Attorney Declarations of Trust Assignments Conditions Presentations and sundry others of the newest forme Compiled by Sir R. H. And perused by a judicious Practitioner very useful and necessary for all LONDON Printed for Humphrey Tuckey at the black spread-Eagle in Fleet-street over against St. Dunstans Church 1659. THE TABLE Indentures AN Indenture for revoking a bargain and sale if so much money be paid c. fol. 1 An Indenture of covenants to declare the trusts in a former bargain and sale the lands being to be sold for payment of debts 4 A Lease of a Parsonage impropriate for three lives upon surrender of a former Lease with extraordinary covenants and a Letter of attorney to deliver possession together with the execution indorsed 8 An Indenture to barre an estate taile 33 An Indenture upon marriage for setling lands to uses and a declaration of a fine levied to those uses 44 An Indenture of declaration of the uses of a fine and recovery they being various with extraordinary Covenants 48 A Lease of Ejectment to be void on payment of 1 s with a note thereon 50 An Indenture of Mortgage 54 A Conveyance of a Mannor by a feoffment 58 D. being seized of the Mannor of B. for life with remainder to his first son so to the tenth sells the Mannor-house and halfe the land which to secure settles other lands by the deed following 63 An Indenture or declaration of the use of a fine wherein several parties joyne 68 A Lease taken in trust 76 Another Lease taken in trust 78 An Indenture of covenants declaring a mans name used in trust in an assurance 86 An Indenture of Covenants between Executors 91 A Conveyance of land by three Co-heires and their husbands well pend 96 An Indenture of bargain and sale of lands in consideration of the surrender of other lands 102 A Lease of lands with exception of woods 106 A Lease of a Messuage and lands for three lives to those that sold the same it being agreed on before sale well pend 115 An Indenture reciting a bargain and sale of the moity of a Mannor in trust for another the same is hereby reconveyed to the person trusting 121 A declaration of a fine and recovery to variety of uses well pend 125 An Indenture to settle land for natural affection 137 An Indenture of settlement well pend 147 A Grant of lands in fee in consideration of money and further consideration of exchange of other lands 165 A short bargain and sale to be inrolled 173 An Indenture to stand seized to uses in consideration of marriage 189 A grant of the moity of an annuity during life 195 A short Lease of a Messuage and land to be void on tender of a shilling 213 A Lease of a Ferry 220 An Indenture of lands in exchange 222 A bargain and sale of lands mortgaged made from the mortgagor and mortgagee before forfeiture to a third person 228 A Defeazance on a Recognizance 163 A Lease of a side of a Shop and other conveniencies with a grant of goods and wares according to a Schedule annexed 22 Covenants A Covenant to give security to performe Covenants 36 A Confirmation of a former mortgage by the son of him that made it 41 A Covenant to deliver evidences by such a time 124 Conditions A Condition for sealing an acquittance or release of lands by a day 70 A Condition for curing a disease or to pay money back 307 A Condition not to sell lands had in marriage 307 A Condition to assure a sum of money in liew of a joynture 308 A Condition to make a good assurance of lands 309 A Condition that a Lessee shall not carry away the wainscot or cubbards c. 310 A Condition that one shall pay for such wares as were delivered to another 310 A Condition to deliver writngs by a day 311 A Condition to save one harmlesse for delivery of writings 311 A Condition to save a surety harmlesse from a recognizance 90 A Condition of a Counterbond 139 A Condition to save harmlesse where one atturns tenant with covenant to grant a lease when the premisses are setled in the obligee 157 A Counter-condition to save harmlesse from a bond entred into for payment of money 158 A Condition to save harmlesse an executor for payment of several legacies to Orphans with a covenant to see the same disposed to the best advantage 160 A Condition to pay rent reserved in a lease according to the Covenants 161 A Condition from a Bayliff and his sureties to a High Sheriff 206 A Condition to save harmlesse for payment of several legacies 209 A Counter condition to save harmlesse from a bond well pend 211 Indorsments An Indorsment of livery and seisin on the Indenture by vertue of a letter of atturney with a note thereon 72 An Indorsment of atturnment of tenant 86 Another Indorsment of atturnment of tenant 89 Words to be used upon delivery of possession 96 Letters of Atturney A Letter of atturney to seal a lease on the ground 53 A Letter of atturney to two to receive possession 72 A Letter of atturney irrevocable of a debt on a bond with covenant not to release 312 A Letter of atturney from two Executors of a bond sued to a judgement to a creditor of the Testators 314 A Letter of atturney of a mans estate in general in consideration of several debts and engagements 315 A Letter of atturney of several sums of money due from one 316 A Letter of atturney to demand a rent according to a Lease 83 A Letter of atturney to re-enter on not payment of the rent 85 A Letter of atturney to take possession according to the contents of a lease 212 Licences A Licence to let lands though prohibited by lease 71 A Licence for a Buck and Doe yearly 306 A bargain and sale upon condition made to feoffees in trust with indorsment of atturnment and also that possession was given 237 An Indenture of bargain and sale absolute 249 An Indenture of Covenants to the former Indenture whereupon a recovery passed 252 A bargain and sale of underwood 265 A sale of Billets wood and timber 266 An Indenture of allotment of several mannors and parcels of land between six co-heires 286 An Indenture to avoid the title of survivorship 292 Another deed of covenants to avoid survivorship 294 An Indenture of partition 296 An Indenture where a Lease is granted to three Lessees that every one is to pay his part of the rent and equal part of charge for repairing c. 299 Provisoes A Proviso to be inserted in a deed or power of revocation by way of Proviso 7 Presentations A Presentation of a Minister to a living 7 A grant of the next presentation to a benefice 320 A Presentation by one who had a grant thereof 26
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 Assignes 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 Mannor 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. F c. their Executors Administrators and Assigns For payment of debts and other charges shall and may receive perceive dispose and imploy the Rents Revenews 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 summes 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 T. 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 summes of money which the said T. Lord W. shall by his last Will and Testament in Writing to be signed sealed and published before three or more sufficient Witnesses give 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 then 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 and 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 Judgement or Judgements of what nature soever for the assurance of payment of any summe or summes 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
and G. L. their and either of their Heirs and Assignes For fuuther assurance and all others which then or at any time then after shall have or rightfully claime to have any lawful estate right title or interest of in or to the said Mannor or Lordship Lands Tenements and Hereditaments or any part or parcel thereof by from or under the said R. L. and G. L. or either of them shall and will at all and every time and times from and after such payment had and made to the said R. and G. or either of them or the Executors Administrators or Assignes of them or of either of them of the said sum of 4800 l of c. in manner and forme as aforesaid for and during the space of three years then next ensuing at and upon reasonable request to them or either of them to be made and at the only costs and charges in the Law of the said Sir H. H. his Heires or Assignes or some of them make do knowledge suffer and execute or cause to be made knowledged suffered c. unto the said Sir H. H. his Heires and Assignes for ever all and every such further lawful and reasonable act and acts thing and things assurance and assurances conveyance and conveyances in the law whatsoever with warranty only against themselves and their Heires or else without warranty for the better more perfect sure and absolute making and assuring of all and singular the said Mannor or Lordship Lands Tenements Hereditaments and other the premisses with the appurtenances unto the said Sir H. H. his Heires and Assignes be it by fine feoffment recovery or recoveries deed or deeds enrolled or not enrolled the enrolement of these presents release confirmation or by all or any of them or otherwise by any other lawful reasonable act or devise as shall be reasonably devised or advised by the Councel learned of the said Sir H. H. his heires or assignes And also that he the said Sir H. H. his executors administrators and assigns and every of them not doing That the Morgager shall enjoy the issues and profits of the lands untill the day of payment nor committing any voluntary wast above the value of 10 l of c. shall or may at all times from henceforth untill the third day of J. c. without the let trouble interruption or disturbance of or by them the said R. L. and G. L. or either of them their or either of their heirs or assignes or of any of them or of any other rightfully claiming from by or under them or any of them peaceably and quietly have take receive perceive and enjoy the rents issues and profits of all and singular the said Mannor or Lordship lands and tenements and other the premisses before herein mentioned to be hereby granted and conveyed and every part and parcel thereof without any accompt to be made or yielded unto the said R. L. and G. L. or either of them their or either of their heires executors or assignes of or for the same this Indenture or any thing therein contained to the contrary thereof in any wise notwithstanding and that neither the said R. L. and G. L. their heires or assignes nor any of them shall nor will take any of the rents issues revenews or profits of any the premisses or of any part thereof which shall grow arise or come in or out of the premisses or any part or parcel thereof before the said third day of J. c. And it is further covenanted concluded and agreed by and between the said parties to these presents That the morgagee shall pay more for the cleare purchase of the land so morgaged and being forfeited and the true intent and meaning of the same parties to these presents is and the said R. L. and G. L. do by these presents further covenant c. to and with c. that if neither the said Sir H. H. his heires nor assignes nor any of them do pay nor cause to be paid unto the said R. L. and G. L. their heires executors administrators or assignes nor to any of them the said summe of 4800 l of c. in manner and forme as is before limited and appointed for the payment of the same whereby the said estate of the said R. L. and G. L. shall become absolute that then they the said R. L. and G. L. their heires executors administrators or assigns or some of them shall will well truly content pay or cause to be paid unto the said Sir H. H. his execu admi or assigns or some of them at or in c. the sum of 1000 l of c. at or upon the third day of M. 1642 as the residue in ful satisfaction of the cleare absolute purchase of the said Mannor or Lordship lands tenements and other the premises without fraud covin or further delay unto them the said R. L. and G. L. their heires and assignes to the only proper use and behoof of them the said R. and G. their heires and assignes forever And the said Sir H. H. doth covenant c. to and with the said â— L. and G. L. c. that if the said Sir H. H. his heires To relinquish possession after default of payment of the sum contained in the Proviso executors administrators nor assignes nor any of them do well and truly pay nor cause to be paid unto the said R. L. and G. L. nor to the heires executors administrators or assignes of them nor any of them the said sum of 4800 l of c. before mentioned in manner and forme as aforesaid according to the intent and true meaning of the said proviso or condition before herein expressed that then he the said Sir H. H. his Tenants Farmours and Assignes and every of them other then such as be hereafter excepted shall and will deliver yield up and relinquish unto the said R. L. and G. L. their heires or assignes or the survivor or survivors of them the peaceable and quiet possession of the said Mannor or Lordship and of all other the premises with the appurtenances without any let trouble contradiction or interruption And that then also he the said Sir H. H. his heires and assignes and Dame R. his wife Further assurance and all and every other person or persons now having or rightfully claiming or which at any time or times hereafter shall or may lawfully have claime or pretend to have any manner of estate right title use interest condition or possession of in or to the said Mannor or Lordship and other the premises or any part thereof other then such person and persons whose estates interests and termes are excepted in one former Indenture bearing date c. made between the said Sir H. of the one party and the said R. L. and G. L. on the other party for and in respect only of their leases and termes by and in the said last
same and that there is not No reversion in the Protector nor before the execution or vesting of the said estate 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 the executing and vesting of the said estate shall have full power lawful and rightful authority to convey and assure the said 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 heires and assignes for ever in forme aforesaid And the said R. M. doth covenant c. that the said Mannor and Lordship rectory Discharged of incumbrances advowson messuages lands 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 heires and assignes 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 intailes fines for alienation without licence post fines rents charge rents seck arrerages of rents amerciaments intrusions primer seizens 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 committed suffered or done or hereafter to be had made committed suffered or done by Sir I. M. deceased great grand-father of the said R. M. his heires or assignes or by W. M. arbitrator deceased grand-father of the said R. M. his heires or assignes or by the said R. M. his heires or assignes or any of them or by any other person or persons whatsoever having or rightfully claiming or pretending to have or which at any time or times hereafter shall have or rightfully claim or pretend to have any lawful estate right title interrest or demand of in and to the said Mannor and Lordship and other the premisses or of in or to any part or parcel thereof in by from or under them or any of them or by their or any of their assent means consent title interest act sufferance or procurement the chief rent and services from henceforth to grow due to the chief Lord or Lords of the fee or fees of the premisses for and in respect only of his or their seiginory and seiginories only except and foreprised and also except c. and also except one lease c. whereupon the yearly rent of 10 l is reserved which shall or may be yearly from and after the fifteenth day of c. be due and payable unto the said R. L. and G. L. their heires and assignes during the continuance of the same excepted lease Provided alwayes that if the said R. M. his heires executors administrators or assignes or any of them do well and truly pay or cause to be contented and paid unto the said R. L. and G. L. their or either of their executors administrators or assignes the full summe of 800 l of c. on the c. at or c. that then as well this present Indenture as the said recited Indenture of bargain and sale and every of them and every covenant grant article clause and agreement in them and every of them contained on the part and behalf of the said R. M. his heires executors or administrators to be performed and kept shall immediately from thenceforth cease determine and be utterly void frustrate and of none effect and that then also and from thenceforth it shall and may be lawful to and for the said R. M. his heires and assignes into the said Mannor and Lordship rectory messuages lands tenements hereditaments and other the premisses with the appurtenances and into every or any part or parcel thereof to reenter and the same to have again enjoy and repossesse as in his and their first and former estate any thing in these presents contained to the contrary thereof in any wise notwithstanding And furthermore the said R. M. doth covenant c. For quiet enjoying after default of payment that if default shall be made of the payment of the said summe of 800 l upon the said fifteenth day of c. at the place of payment aforesaid that then and from and after such default of payment so thereof or of any part or parcel thereof had or made they the said R. L. and G. L. their heires and assignes and every of them shall and may from time to time and at all times for ever according to the tenor purport and true meaning of these presents peaceably and quietly have hold occupy possesse and enjoy the said Mannor and Lordship Rectory Advowsen Messuages Lands Tenements Hereditaments and all and singular other the Premises with the appurtenances and every part and parcel thereof without any manner of let trouble interruption eviction expulsion or disturbance of him the said R. M. his heires or assignes or of any other person or persons whatsoever lawfully claiming by from or under him the said R. M. or by from or under the said I. M. Great-Grand-Father of the said R. M. or by from or under the said I. M. or by from or under the said R. M. Father of the said R. M. except before â—â—cepted And the said R. L. and G. L. do covenant c. that he the said R. M. his Heires Executors That the Morgager may receave the profits of his lands untill the day of redemption Administrators and Assignes and every of them shall or may without the let trouble molestation or interruption of the said R. L. and G. L. their Heirs or Assigns or of any other rightfully claiming from by or under them either or any of them peaceably and quietly have hold perceive receive take and enjoy the rents issues and profits of all and singular the said Mannor and Lordship Rectory Messuages Lands Tenements Hereditaments and all and singular other the Premisses before mentioned to be given granted bargained and sold by the said recited Indenture and of every part and parcel thereof with the appurtenances untill the sixteenth day of c. without any accompt to be made or yielded unto the said R. L. and G. L. their Heires Executors or Assignes of or for the same the said recited Indenture or any thing therein contained to the contrary notwithstanding and that neither the said R. L. and G. L. their Heires or Assignes nor any of them shall or will take any of the
Mannor or Lordship Messuages Lands Tenements and of other the premisses or of the greatest part thereof unto the said R. L. and G. L. and to the heires of one of them and sithence a recovery in and by a writ of entry sur disseisin en le post hath been had of the premisses or of 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 vouchee in and by all things according to the usual order and forme 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 heires 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 morgager may have and receive the issues of the lands morgaged till the day of payment c. And in which said recited Indenture dated the said first day of c. there is also contained a covenant in these words or to this effect following viz. in consideration whereof the said R. L. and G. L. for themselves their heires executors and assignes and every of them do covenant and grant to and with c. by these presents That if neither the said H. H. his heires or assignes nor any of them do pay the said summe of 4000 l c. to the said R. L. and G. L. their heires executors administrators and assignes 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 assignes 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 assignes 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 cleare and absolute purchase of the said Mannor or Lordship Lands Tenements and other the Premisses without fraud covin or further delay as in and by the said recited â—ndenture dated the said first day of c. amongst divers other covenants grants articles and agreements therein contained more plainly at large 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 heires remise release and for ever quit claime unto the said R. L. and G. L. in their full and peaceable possession and seisin being of the premisses and to their heires and assignes to the only proper use and behoof of them the said R. L. and G. L. their heires and assignes 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 and 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 or claime 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 heires 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 of any of them shall or will at any time or times hereafter ask claime 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 barred and excluded for ever by these presents And further the said H. H. doth for him and his heires confirme 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 heires and assignes 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 heires and assignes for ever And the said H. H. and his heires the said Mannor or Lordship Lands Tenements Hereditaments and all and singular other the premisses with their and every of their appurtenances unto the said R. L. and G. L. their heires and assignes to the only proâ—er use and behoof of them the said R. and L. their heires and assignes 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 claime unto the said R. L. and G. L. their heires and assignes all manner of errors Foster writs of error and personal demands whatsoever
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 behalfe first had and obtained And further the said A. B. doth covenant c. that the said C. D. his executors and assignes and every of them shall have occupy use and enjoy all such easements wayes liberties and passages and shall quietly have free egresse ingresse and regresse into and from the said Inne tenement field and other the Premisses for the using and occupying of a full third part of the Premisses without let or disturbance of the said A. B. his executors administrators and assignes in such manner and forme 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 witnesse c. The grant of a Keepership of a Parke TO all Christian people to whom this present writing shall come I A. B. c. send greeting c. Know ye 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 doe give and grant unto the said E. R. the office of Keeper of my Parke at Y. called B. Parke in the County of C. and also his habitation and dwelling in the lodge belonging to the same Parke with the going and pasturing of one gelding and six kine yearly within the same Parke and further know ye that I the said A. B. have given and granted and by these presents do give and grant to the said E. R. allowance of meat and drink for himselfe within my house at Y. aforesaid dayly and yearly at all times and by so long space as any hospitality or houshold shall be kept there To have and to hold occupy exercise and enjoy the said office of keeper and other the Premisses unto the said E. R. for terme and during the life natural of the same E. R. together with all manner of fees rewards vailes and advantages to the same office belonging incident or appertaining And furthermore know ye that I the said A. B. have given and granted and by these presents do give and grant unto the said E. R. for the exercising of the said office of keeper so long as he shall truly and faithfully exercise the same one annuity or annual rent of foure pound of c. to have hold perceive and enjoy the said annuity or yearly rent to the said E. R. and his assignes from the c. during the life natural of the said E. R. at two termes of the year c. viz. c. by even portions yearly to be paid by the receiver of my rents and revenews the Steward of my house or such other officer for the time being as I shall appoint for the payment of the rest of my servants their wages yearly In witnesse c. A Deputation of a Bayliff or Receiver TO all Christian people c. A. B. Bailiff and Collector of the rents farmes and revenews of c. Mannors of G. and E. and of all and singular lands tenements court leets liberties fines issues amerciaments reliefes heriots waifes estrayes and other possessions and hereditaments whatsoever to the said mannors belonging with their members and appurtenances in the County of c. parcel of the lands and possessions of W. late M. of c. sendeth greeting c. Know ye that I the said A. B. have constituted deputed and appointed and by these presents do c. C. D. of c. to be my lawful and sufficient deputy for me and in my behalf to occupy and exercise the said office of Bayliff and Collector and to exercise execute accomplish receive and do and cause to be exercised executed accomplished received and done all and every such act and acts thing and things as in about touching or concerning the said office shall be necessary or requisite to be done to have hold exercise and enjoy the said office unto the said C. D. as deputy of me the said A. B. for and during the will and pleasure of me the said A. B. in as ample manner and forme as I the said A. B. ought or might exercise execute receive accomplish and do in the same if I the said A. B. were might or should be present at the exercising executing accomplishment receiving or doing thereof In witnesse c. The grant of a Stewardship or keeping of Courts THis Indenture made c. Between A. S. of S. in the County of S. Gent. of the one partie and R. K. of L. in the County of B. Gent. of the other party Witnesseth that whereas our said c. that now is by c. letters pattents under the seal of c. Court of Exchequer bearing date at Westminster the c. day of c. in the c. year of c. hath amongst divers oeher things therein contained assigned and appointed the said A. S. to the office and offices of Steward and keeper of courts and leets of the Mannor of L. and also of the Mannor of B. in the County of S. during c. pleasure as by the same letters pattents amongst divers other things therein contained more plainly appeareth Now the said A. S. for divers good causes and considerations him in this behalf specially moving hath made ordained constituted and appointed and by these presents doth make ordaine constitute and appoint the said R. K. to be his deputy to exercise and execute the said office and offices of Stewardship and keeper of courts and leets of the said Mannors and to seize and take all heriors and to take and receive all profits of courts and leets which are or shall grow due within the said Mannors or any of them to have enjoy hold exercise and occupy the same office and offices to the foresaid R. K. during the will and pleasure of the said A. S. and to receive perceive and take the wages fees allowances profits and commodities therefore of right due accustomed belonging and appertaining and the said R. K. doth covenant promise and grant for himselfe his executors and administrators by these presents to and with the said A. S. his executors administrators and assignes and every of them in manner and forme following viz. that he the said R. K.