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A86255 The modern assurancer, or The clarks directory. Containing the practick part of the law, in the exact formes and draughts of all manner of presidents for bargaines, and sales, grants, feossments, bonds, bills, conditions, covenants, joyntures, indentures; to lead the uses of fines and recoveries, with good provisoes, covenants to stand seised, charter-parties for ships, leases, releases, surrenders, &c. And all other instruments and assurances now in use: intended for all young studients and practizers of the lavv. / By J.H. With an exact table wherein may be found the principall matters therein contained. Herne, John, fl. 1660. 1658 (1658) Wing H1573; Thomason E1825_1; ESTC R209811 252,283 306

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performance of such Covenants as the said I C. shall for the performance of the Covenants comprised in these presents be bound in which Lease and Bond shall be made at the costs and charges of him her or them that shall and will take the benefit of the same Lease and if she or they which shall come to the lawfull possession hereof by reason of any of the waies or meanes afore recited do not surrender in his or their interest in the old and take a new as aforesaid Or else do refuse to enter into Bond as aforesaid for the performance of such Covenants as the said I. C. shall for the performance of the Covenants comprised in these Indentures be bound in that then the Lease to be void and re-entry c. VVills A Clause in a Testament to enable an Executor to sell his Testators Lands ITem I will and ordaine that the Executor of this my Testament or his Executor or Executors Administrator or Administrators for and towards the performance of my said Testament within the space of foure yeares next after my decease shall bargaine grant alien and sell away in Fee-simple all those my Lands c. for the doing executing and perfect finishing whereof I do give grant will and transfer by these presents to my said Executor and to his Executors and Administrators full and lawfull power authority right and title and interest to grant alien bargaine and sell and also to convey and assure all my said Lands c. to any person or persons and to their Heires for ever in Feesimple by all and every such lawfull way and means in the Law and otherwise as to my said Executor c. or to his or their Learned Councell shall seem meet and reasonable Releases An Indenture testifying the payment of a summe of money according to a Condition contained in a Deed of Feoffment for making void of the same Feoffment THis Indenture witnesseth That whereas heretofore J. W. B. then of H. in the County c. Gent. by my Deed indented bearing date the twelfth day of September in the yeare c. did enfeoffe my Brother F. B. J. B. and R G. Husbandman and one N. L. Gent. deceased of and in all that my moyety of the manner of H. with the appurtenan in the County of H. with all those my Lands Tenm Rents Reversions and Services being parcell of the said Mannor of H. or thereunto belonging and all other my Messuages Lands Tenements Rents Reversions Services and Hereditaments in H. aforesaid to such use and uses as in the said Feoffment are specified with this Proviso notwithstanding that if I the said W. B. or mine Heires at any time hereafter should pay or tender to pay to the said F. B. N. C. I. B. and R. G. or to any of them or to the Heires of the Survivor of them ten shillings of c. then declaring or to them signifying mine intent then to be to have againe that my moyety of the Mannor aforesaid and all and singular the premisses in mine ●old state that then immediatly and from thenceforth my said former Writing Deed and Feoffment should be void and of no force any thing in the same to the contrary notwithstanding as by the same former Deed indented more plainly may appeare Now be it known that I the said W. B. minding to make the said former Deed indented and Feoffment aforesaid cleerly void have for that purpose according to the tenor of the said Proviso paid to the said I. B. on the day of the date of these presents ten shillings of c then declaring and signifying and by these presents now declaring and signifying to my said Feoffees now living and to every of them that mine intent then at the payment of the said ten shillings was and now is to have againe that my moyety of the Mannor aforesaid and all and singular the premisses in mine old estate that is to say in such estate as I had thereof before I made the said former Deed And that now from henceforth the said former Writing Deed and Feoffment shall be void And I the said I. B. do knowledge that I had received the said ten shillings at the hands of the said W. B. as aforesaid and heard him declare his intention to be by the payment thereof as is aforesaid and also we the said F. B. and R. G. do take notice thereof and knowledge our consent thereunto by these presents to both parts whereof as well I the said W. B. as the said F. B. I. B. and R. G. have set our Seales given c. Surrenders A Surrender Conditionall by Tenant for terme of life to him in Reversion for a Recovery to passe THis Indenture c. between c. witnesseth That whereas the said A B. now hath and holdeth divers Lands Meadowes Pastures and Commons scituate c. of an Estate for terme of his naturall life under a certaine yearly rent by vertue of a Lease thereof unto him made by Indenture the reversion thereof to the said H. S. and his Heires appertaining Now this Indenture witnesseth that the said A. B. for divers good causes c. doth by these presents surrender and yeild up unto the said H. S. all the Estate and Interest of the said A. in and to the said Lands c. upon condition neverthelesse that if the said H. S. his Executors administrators or assignes do not or shall not well and truly pay or cause c. to the said A. the summe of five hundred pounds of c. on the c. at the c. that then and from thenceforth this present Deed of Surrender shall be utterly void and of none effect and then the said A. B. to have againe the said Lands c. as in his first and former Estate any thing to the contrary c. And the said H. S. for him c. doth covenant c. for the Tenants enjoying till the day in the Condition mentioned A Surrender by two Tenants for life to him that hath the Reversion THis Indenture c. Between Sir E. L. of c. and R. F. of c. and T. F. of c. of the one part and S. H. and M. his wife of the other part witnesseth That whereas the said Sir E. L. and R. F. by force and meanes of good and sufficient conveyance and assurance in the Law are and do stand lawfully seised in their Demesne as of Freehold for and during the terme of the naturall life of the said T. F. of and in all that the Farme c. the immediate remainder or reversion of the said Farme to the said S. H. and M. his wife and the Heires of the said M. belonging and appertaining Now the said Sir E. L. and R. F. at the request of the said T. F. to them in this behalf made and for divers and sundry good and reasonable causes c. them in this behalf moving have granted and
Deputations IN a License to transport cloth continuable till the deputie shall have levyed a debt owing to him by the constitutor 140 In a License for planishing of plate with an annuity granted for the same 144 In the moyetie of License for byuing and bringing in of fish 146 Indentures raising uses c. FOr acknowledging a fine by a man and his wife to exclude her from her dower in lands leased by him after their marriage 161 For making two possessed of a Lease Tenants in common to prevent survivorship 164 To lead the use of a Recovery to strengthen a Lease made by tenant for life and he in taile in reversion 265 For raising uses in land with condition to alter the same at pleasure 267 Leading the use of a fine after the fine acknowledged 268 Leading a fine to the use of the Cognizor 270 For suffering a Recovery to sundry uses with provision that the intaile be not altered 271 Indenture of Covenants to raise uses conditioned the Vsees interests to be void if he discontin 128 Joyntures A womans Joynture in land 149 Indenture for a womans Joynture 150 A Joynture with clause of being void if she seeke her dower 152 A Joynture in land passed by Recovery with clause for making good of Leases to be made by husband and wife 157 For assuring a womans Joynture 160 A Joynture before marriage 169 A Joynture in free-hold and copy-hold with divers covenants 116 Leases TO a woman so long and often as she shall continue in widowhood 166 To them that assured land for certain payment of an Annuity 167 Vpon condition of being void on the Lessers paying the Lessees such money as he owes them or they as bound for him or when they shall be satisfied by the profits 168 Of a Brewhouse by fine with a Demise of Implements to be redeemed or answered at the end of the term 171 Another Lease to strengthen the former of a Brewhouse ib. Of Tinne work for securing a summe of money 177 For an hundred years deseazable on paying a summe of money 179 Of an house in London 181 An Vnderlease binding the tenant to pay the rent and perform the covenants in the Grand lease with liberty to the Lessor to resume the things letten if he be minded 184 A Lease to two in common 188 Of a Mannor in reversion 191 Of an house in London on condition to be void for nonpayment of money at times appointed 196 A Lease with condition not to set or let 199 By a Bishop for three lives with a Leter of Attorney to deliver possession 200 A very good Lease for an house in London 204 A Lease for a thousand yeares without payment of wast with divers good covenants 208 By a Company in London of an Inne c. 208 A Lease in London where to abate duties to the Parson part of the rent is taken up by way of fine 213 A like Lease the rent being payable by way of Annuity 217 For a thousand yeares conditionally for a summe c. 218 Of a Parsonage with good covenants 220 Of an house in London acknowledged before the Recorder c. and inrolled in the Hustings 223 Of a Shop by the Church-doore by the Parson and Church-wardens with condition not to let without consent 224 Of the customes and impost Wines in a Port with an agreement to constitute a Deputy to recover the profits 226 Of a house in Lond. in reversion after an estate for life 228 Of old housing to be plucked down and re-built by the Tenant 231 A re-demise of one Lease conditioned for quiet holding another from the same party 235 By an heir forth of possession to the end he may recover the Premisses 237 By the Queen of certain hundreds with a grant of the Offices of Steward and Bailiff in same 239 Letters of Attorney UPon an Obligation not forfeited 111 To deliver possession 200 Licenses By a Lord to his Copyholder to pull down houses on his land 249 To let and set where a Proviso is in a Lease to the contrary 242 Mortgages OF a Lease with good covenants ibid. Of a Lease to save harmlesse from a bond binding the Mortgagor to perform the condition 245 Partners See in Title Charter-party AN Indenturee between partners being to gather the former shopkeepers debts pay them to his Executor 4 Between two owners of a shop for fetching salt and delivering it to a Merchant in Dublin and the Merchant to pay a summe for the same 134 Provisoes A very substantiall Provisoe barring a man and his Executors not to make away a Lease unlesse the Lessee take a new one 248 Releases OF a moyety in the Lease between the Joynt-tenants thereof to prevent Survivorship 164 Testifying the receit of a summe of money and making void a Deed of Feoffment 250 Surrenders COnditionall for life to him in Reversion for a recovery to passe 251 By two Tenants for life to him in Reversion 252 Testimonialls Declarations c. OF a Trust in a Lease 253 Certifying the payment of money according to a Condition in an Indenture for making void thereof 254 To defeat Vses according to a Proviso 261 Of payment of a summe of money to alter Vses c. 267 Uses AN Indenture to knowledge severall recoveries of land in severall Counties to sundry Vses 274 An Indenture to lead the Vse of a Recovery 277 Wills A Clause in a Will to enable an Executor to sell his Testators Lands 249 FINIS These Books are Printed for H. Twyford and are to be sold at his Shop in Vine-Court Middle-Temple in Fleetstreet THe Practick part of the Law or the Compleat Attorney The second part of the Practick part of the Law or the Lay-mans Lawyer Kitchins Jurisdictions of Courts Leet Courts Barons c. Plowdens Abridgment in English Abridgement of Lord Cokes Comment on Littleton Abridgement of Poultans Statutes at large by Edmund Wingate Esquire The Office and Duty of an Executor in 80. The body of the Law with a brief Summary by Edmund Wingate Esquire Richard Brownlow Esquire Prothonotary of the Court of Common Pleas. His Reports the first part His Reports the second part His Declarations and Pleadings in English His Judiciall Writs The twelfth part of the Reports of Sir Edward Coke English Fol. Judge Huttons Reports English Fol. Judge Owens Reports English Fol. The Epitomy of all the Common and Statute Law of this Nation now in force by Wlliam Sheppard Serjeant at Law The Marrow of the Law or a second part of the faithfull Counsellor by Sarjeant Sheppard Sir Robert Brook's Reading on the Statute of Limitations The Book for the drawing up of all manner of Judgements The Reading upon the Statue of Bankrups by John Stone Esquire The Conveyancers Light or the Compleat Clerk or Scriveners Guide containing exact Presidents of all manner of Assurances and Instruments now in use by the Learned Judges and Eminent Lawyers c. Collected by John Herne The Law of Conveyances
space of foure yeares and do also from time to time and at all times hereafter upon reasonable request make and deliver unto the said T. B. his executors or assignes a good just true and full account payment and satisfaction of all and singular such summes of money debts and other goods of the said T. B. as he the said T. T. shall receive or cause to be received or that shall come to the hands custody or possession of the same T. T. or any other persons by his meanes or procurement and further if the said T T. do not at any time during the said term of foure yeares imbezill purloin or unlawfully consume make or doe away or give his consent the imbeziling purloining or unlawfully consumeing making or doing away of any of the money debts goods or chartells of the said T. B. his Executors or assignes by any wayes or meanes either directly or indirectly That then c. A Condition to answer that an apprentice shal endammage his Master THe Condition c. That where R. B c. hath put himselfe an apprentice c. If the said R. B. shall at any time or times during the said term of seven years imbezill purloin or unlawfully and untruly make away consume wast or mispend any of the Goods Wares money or Merchandise of the said B. B. his Executors Administrators or assignes or any of them If then and in every such case the within bound S. B his Heires Executors Administrators or assignes or any of them doe and shall alwaies within six moneths next after notice or warning to him or them thereof given by the said B. his Executors Administrators or assignes or any of them well and truly satisfie content and pay or cause c. unto the said B. B his executors administrators or assignes the full value in lawfull english money of all and every such goods wares money and merchandise of the said B. his executors administrators and assignes and every or any of them so to be imbezilled purloined or unlawfully and untruly made away consumed wasted or mispent by the said R. B. as aforesaid That then c. A Condition that a man shall leave his wife two parts of his lands and goods if she survive him THe Condition c. That if it do fortune the above bounden T. G. to marry and take to his wife I. B. c. and if after the same marriage had and consummate it do happen him the said T. to decease and the said I him to survive If then the said T. before the time of such his decease shall aswell assure and leave to the same I. two full parts of all such goods and chattels as he now hath or hereafter shall have the same into three parts being devided As also shall assure and convey two full parts of all such Lands and Tenements as he the said T. hereafter shall purchase or procure to be purchased or conveyed to his use at any time during the life of the said I. the same in three parts to be accounted So that immediatly upon every such severall purchase two parts at the least of all Lands and Tenements to passe in every such purchase shall at the first assurance and conveyance thereof to be made be conveyed and assured to the said I. and to their Heires or to them and the heirs of their two bodies and for lack of such issue to the Heirs of the said I. for ever and not otherwise That then c. A Condition to pay a summe of money or deliver a Chain by a day THe Condition c. That if the within bound Sir H. C. Knight and W. S. or either of them or the Executors c. do well and truly pay or cause c. to the within named T. C. his certain Attorney Executors or Administrators at the now mansion house of the same T. scituate the summe of eighty four pounds ten shillings of lawfull c. on the seventeenth day of Apr. next c. Or in default thereof do at or before the seventeenth day of Apr. aforsaid well and truly deliver or cause c. to the said T.C. his Executors c. at the said now mansion house of the said T. one chain of Gold weighing thirty ounces of 22. Carrets the ounce five or better That then c. A Condition where two Executors are that each shall answer a moyety of that shall be recovered for any act done by their Testator THe Condition c. That whereas the within named H. E. and the within bound I. E. have joyntly taken upon them the execution of the Testament of T. E late of R. in the county of E. Genr. deceased If hereafter it shall happen that any sum or sums of money or other demand hereafter shall be lawfully demanded against the said Executors or either of them or their severall Executors or Administrators for any thing done made or acknowledged by the said T. E. whilest he lived If then in every such case the said I. E. his Heires Executors and Administrators upon reasonable request doe and shall beare and satisfie with the said H. his Executors and Administrators the moyety and one halfe of all such charges costs losses and damages as shall grow or happen to them or any of them by reason of any such demands as aforesaid That then c. A Condition to re-deliver a Letters Patents by one borrowed of another THe Condition c. That whereas the within named A. P. immediatly before the ensealing and delivery of the Obligation within written hath delivered and lent to the within bound R. N. one Letters Patents under the great seal of England bearing date at G. the c. containing foure skins of vellom made and granted by our said Soveraign Lord the King to the said A. P. and to one A. K. of L. Gent. of divers concealed Lands upon a warrant therefore granted by our Soveraign Lord the King unto Sir I. P. Knight As by the Letters Patents at large it doth and may appeare If the said R. N. his Executor or Administrator at or on this side the tenth c. next c. well and truly do re-deliver or cause c. the said Letters Patents to the said A. P. his Executors Administrators or Assignes at the now mansion house of the said A. scituate c. whole safe and uncancelled and in any part thereof not defaced hurt broken or impaired That then c. A condition for sealing of a generall quittance by one by a day THe Condition c. That if H. F. of L. c. at or before the Feast c. next c. do make seale and deliver to the within named E. B. at his Chamber in the Inner Temple of L. one generall acquittance to the use of E. L. of c. whereby the said H. shall release and quite claim to the said E. L. all Actions Suits Quarrells Debts Accounts Judgements Executions and Demands whatsoever That then
As by the said Indenture made betweeen the said W.M. and I I. doth and may appear If the said W.M. his Executors Administrators or assignes or some of them do not well and truly pay or cause c. to the said I. I. his certaine Attorney Executor or administrator the said summe of a hundred pounds at the day and place limited for the payment thereof by the said first recited Indenture If then the said R M his Executors or administrators upon reasonable request to them or any of them to be made by the said J.J. his Executors or administrators and for and in consideration of a lawfull and sufficient assignment and conveyance to be made from the said J.J. his Executors or administrators to the said R. his Executors and administrators of the said Lease and of all the right interest and terme of yeares which the said I. his Executors or administrators shall then have to come in the Tenement with the appurtenances demised by the said Original Lease cleerly acquitted and exonerated of and from all former Bargains Sales Leases arrearages of rents forfeitures re-entries and cause and causes of forfeiture and re-entry and of and from all other Titles troubles and incumbrances whatsoever then to be had made or consented unto by the said J. J. his Executors or Administrators do well and truly pay or cause c. to the said J.J. his certain Attorney Executor or Administrator at the said dwelling c. the summe of a hundred pounds of lawfull c. without fraud or covin That then c. A Condition that an Heire shall make a Lease of land for three lives when he cometh to age THe Condition c. That if the above bound G. H. when he shall accomplish and come unto the full age of one and twenty yeares or within three months then next following do seale and deliver unto the above named J.H. and to such other two persons as the said J. shall thereunto nominate and appoint a good sure sufficient and lawfull Lease in writing of and in one Messuage or Tenement and all houses and buildings thereunto belonging and all Orchards Gardens Lands Meadowes Leasures Pastures Feedings Commons Commodities and Profits whatsoever with all and singular their appurtenances to the said Messuage or Tenements belonging or in any wise appertaining set lying and being in M. in the said County of S. and late in the Tenure and Occupation of one W.W. To have and to hold the said Messuage or Tenement and all other the premisses with their appurtenances before mentioned to the said J.H. and to those other two persons whom the said I. shall nominate and appoint and to his and their assigns for and during the term of the naturall life of the said I.H. and for and during the naturall lives of those other two persons whom the said I. in the said Lease shall nominate and appoint reserving alway to the said G. H. his Heires or assignes the yearly rent of 20. s. of lawfull English-monie to be paid yearly by equall portions at the two usuall Feasts by the said I. H. and by those other two persons to be named by the said I.H. in the said Lease or by his or by any their assignes during all the said term of three lives And also if the said G.H. when he shall accomplish the full age of one and twenty yeares before specified or within three months then next after as aforesaid do deliver or cause to be delivered to the said I H. and to those other two persons to be named in the said Lease full and peaceable possession livery and seisin of and in all the said Messuage or Tenement and of and in all and singular the premisses with their appurtenances whatsoever in as ample and large manner as the said W.W. or his assigns have had occupyed and manured the same That then c. A Condition to leave a Wife 100 l. Joynture during her life if she survive the Husband THe Condition c. That if after marriage had and solemnized between the within bound N.W. and M.C. Sister of the within named I.C. the said N. do depart this present life and the said M. do survive and overlive the said N. Then if the said N. at the time of his decease do leave Lands Tenements and Hereditaments of a good and cleer Title in the Law of the cleer yearly value of a hundred pounds of c. over and beyond all charges and reprises whatsoever lawfully and sufficiently assured unto the said M. or to her use for and during all the tearm of her naturall life for and in the name of her Joynture in such sort that she the said M. and her assignes from the time of such decease of the said N. may lawfull have and enjoy the same Lands Tenements or Hereditaments and perceive and receive the yearely Rents and Profits of the same to the cloer yearly value abovesaid by and during all the tearm of the naturall life of the said M. to and for the onely use of her and her assignes without any lawfull ler molestation recovery encumbrance or interruption of or by any person or persons whatsoever That then c. A Condition depending upon a Release of a Contract of Marriage THe Condition c. That where there is a Suit in a Cause of Matrimony depending in the Court of the Arches between B. B. of London Plaintiff on the one part and E. F. of London Clothworker on the other part Wherein as it is hoped and thought the said E. shall be delivered and discharged by Sentence absolutory of the Judge of the said Court from the claim and demand of the said B. there made and propounded against him If the said E. shall at his own costs and charges from time to time and at all times so long as the said Suit shall depend in the said Court offer perform and do his best good will diligence and endeavour for the speedy obtaining of Sentence absolutory in the said Cause wherein neither the said E. nor the said B. shall be condemned in any expences or charges for in or concerning the said Suit That then c. A Condition for payment of monie upon request THe Condition c. That if the within bound A. B. his c. do pay c. to the within named C.D. his c. the sum c. of lawfull c. at one entire paynent at the Mansion-house of the said C. D. scituate c. at or before the end and expiration of six weeks next after request shall have been made by the said C.D. his Executors Administrators or Assigns or any of them at the Shop now in the occupation of the said A. B. in W. of L. for or touching the payment of the said summe of c. That then c. A Condition by a Raker to a Scavinger for ridding of Streets in London THe Condition c. That whereas the within named R. M. the day of the date
every such further act and acts thing and things assurance and assurances in the Law with warranty onely of the said A. the elder against him and his heires or otherwise without warranty As by the said H. and E. their Heires or Assignes or their learned Councell shall be reasonably devised or advised for the further better and more perfect assurance surety and sure making of all and singular the Premisses with their Appurtenances to be had and made sure onely to the severall uses and behoofs above mentioned In witnesse c. An Indenture of Covenants between the Fathers of a man and woman to be marryed where each covenanteth to assure them Land and money of equall quantity by a day and where each is to allow them more Land a peece at their decease THis Indenture c. Between T. W. of B. in the County of S. Clothier on the one part And M. W. of K. in the County of W. Clothier on the one part witnesseth Thet for and in consideration of marriage to be had solemnised and consumnate between R.W. Son and Heire of the said M and E. W. eldest Daughter of the said R. W. It is covenanted granted concluded and agreed between the said parties to these Presents in manner and forme following That is to say Consideration of marriage The said M. for him his heires Executors and Administrators doth covenant and grant to and with the said T. W. his Executors and Administrators by these Presents That the said R W. by Gods favour shall marry and take to his wife the said E. W. and her espouse wed according to the law of God and use of the Church of England Each of the fathers covenant that the children shall marry by a day on this side the first day of May which shall be in the year of our Lord God c. If the same E. will thereunto agree And in like manner the said T. W. for him c. doth covenant with the said M c. that the said E. W. by Gods favour shall marry and take to her Husband the said R. W. and him espouse and wed according to the Law and use aforesaid on this side and before the first day of May which shall be c. if the said R. will thereunto agree And in further Consideration of the said marriage so betwixt the said R. and E. to be had and consumate as aforesaid The said M. for himselfe his Heires Executors and Administrators doth further covenant grant and promise to with the said T. his Ex. and Adm. by these Presents in manner and forme following that is to say The husbands Father covenanteth to assure Land by a day That he the said M. on this side the first day of May above named shall and will at his own charges and expences make and execute or cause to be made and executed to the said R. and E. and to the Heires of the said R. or to some other person or persons and their heires such estate and conveyance or estates and conveyances of Lands Tenements and Hereditaments in the County of G. to the clear yearly value of twenty pounds above all reprises and whereof the said M. at the time of the making and executing of the said estates and conveyances shall be lawfully seised in his demesne as of fee simple so as by force of the same estates and conveyances of the said R. and E. immediatly from and after the time of their said enter marriage shall and may lawfully have and hold all the said Lands Tenements and Hereditaments and take the yearly profits thereof of the clear yearly value aforesaid To uses to the onely use of the same R. and E. for and during tht terme of their naturall lives and the terme of the naturall life of the longer liver of them And so as after the decease of the said R. and E. the said Lands Tenements or Hereditaments by force of the said Estates or Conveyances shall or may lawfully descend and come to the heirs of the body of the same R. lawfully to be begotten And for lack of such issue the same Lands Tenements and Hereditaments to revert to the said M. W. and to the right heires of the same M. for ever without any condition in or upon any of the said estates or conveyances to be made to the contrary in any wise And that at the time of the making and executing of the estates and conveyances aforesaid Discharge of Incumbrances the said Lands Tenements and Hereditaments shall be and from thenceforth shall contiue from time to time at all times to the said R. and E. and to the heires of the body of the same R. cleare and free discharged and acquitted or saved harmlesse from all former estates titles conveyances grants charges and encumbrances whatsoever had made or agreed unto or to be had made or agreed unto by the said M.W. which shall or in any wise may be prejudiciall to the said estates and conveyances to be made to the uses above specified or to the clear yearly value abovesaid And further that the said M.W. at the time of his decease if the said R. W. his Son or any issue of his body of the body of the said E. lawfully to be begotten shall then be living The Father to convey other Lands at his decease shall and will over and above the Premisses leave other Lands Tenements and Hereditaments whereof the said M in his life time by good conveyance in the Law shall be seised in his demesne as of fee simple which also shall be and may reasonably continue of the clear yearly value of other twenty pounds above all yearly rents and reprises and whereof the said M. in his life time shall have made and conveyed such estates and conveyances as that by due course and force of the Lawes of this Realme the said Lands Tenements and Hereditaments of the said clear yearly value of twenty pounds and clear and free from all former grants estates charges and encumbrances made done or knowledged or to be made done or knowledged by the said M. W. and M his wife or by either of them shall immediatly by and after the decease of the said M. and M. his wife lawfully and rightfully descend come and fall to the said R. and E. and to the Survivor of them and to the Heires of the body of the same R. to the onely use and behoof of the said R. and E. and of the Survivor of them for the terme of their naturall lives and the terme of the naturall life of the longer liver of them and after their deceases to the use of the heires of the body of the said R. lawfully to be begotten The Reversion of the Premisses to be to the right heires of the said M. for ever And moreover that he the said M. his Exec. or Adm. at the day of the solemnization of the said marriage between the said R.
uses and intents and under the Provisoes and Conditions hereafter mentioned That is to say of the Mannor of B. and of all and singular the appurtenan to the same belonging to the use of said Sir G S for the term of his life To the uses following Of the Mannor of B. to the uses of Sir G and his wife for life after to H S after to a second third fourth and fifth Son without impeachment of Wast and of the said Mannor of B. with all singular the app to the use of the said Sir G and Dame D for the terme of their lives and of the longer liver of them without impeachment of Waste during the life of the said Sir G and after the decease of the said Sir G. then of the said Mannor of B with all and singular the appurtenances to the use of the said H. S. and of the Heires of his body lawfully begotten and for default of such Issue then to the use of the second Issue Male of the body of the said Sir G and Dame D. between them lawfully to be begotten and for default of such Issue to the third Issue Male of the body of the said Sir G. and Dame D. lawfully begotten and to the Heires of his body lawfully begotten and for default of such Issue then to the use of the fourth Issue Male of the body of the said Sir G and Dame D and to the heires of his body lawfully begotten and for default of such then to the use of the fifth issue male of the body of the said Sir G. and Dame D. lawfully begotten and for default of such Issue then to the use of the right heires of the said Sir G. for ever And of the said Mannor of C. Of the Mannor of C. to the uses of c. with all and singular the appurtenances to the use of the said Sir G. and Dame D. his wife without impeachment of Waste during the life of the said Sir G. and after their deceases then to the use of the said H S and of the heires of the body of the said H. lawfully to be begotten and for default of such issue to the use of the second Issue male of the body of the said Sir G and Dame D between them to be begotten and to the Heires of the body of the same second Son lawfully to be begotten and so to three more Issue males one after another And for lack of such Issue then to the use of the right heires of the said Sir G.S. for ever Proviso to determine their estates who go about to discontinue the Estate taile other then Ioyntures to wives or Leases c. Provided alwaies and it is covenanted concluded and agreed by and between the said parties to these presents for them and their heires by these present Indentures That if the said H S or any Issue of his body lawfully to be begotten or any other such Issue male as aforesaid to be begotten of the bodies of the said Sir G and Dame D or any Issue of the body of any such Issue male shall at any time after he or they or any of them shall be in possession of the said premisses or of any part thereof or receive or take any Issues or profits of the said Premisses or any part thereof intend agree or go about to do and execute or willingly or wittingly to suffer to be done or executed any act or thing whereby the Estates before limitted or appointed of and in the said Mannors Lands or Tenements or any part thereof shall be discontinued recovered barred cut off or avoided or altogether altered or changed unlesse it be for the making or granting of any of these estates hereafter mentioned and then also for the termes and times hereafter mentioned and for no longer That is to say for a Joynture or Joyntures to be made to such as the said H. or any of the said issues before mentioned shall take to his lawfull wife for the terme of life or lives of such wife or wives onely or for the preferment of the younger Sons or of the Daughters of some of the said issues So that the estates so to be made for the preferment of the said Sons and Daughters be not to continue above ten yeares at the most or for the help or relief of any of the said Issues when they or any of them shall be compelled to go serve the Kings Majesty or any his Heires or Successors in the Wars or for Grants by Copies of Court-rolls according to the customes of the severall Mannors Leases or Demises for and during one and twenty yeares or for two or three lives at the most from the time of the making of any such Lease or Demise of Lands unusually letten upon which Grants Leases and Estates so to be made and granted other then of the estates made for the Joyntures aforesaid or for the preferment of the said younger Children or Daughters the old accustomed Rents or more shall be reserved to be paid yearely during the continuance of the said Leases and Estates to those in reversion of the said premisses according to the Estates and limitations before in these presents mentioned and appointed that then and after plain and due proof of the said intendment agreement and going about had and made the estate right title and interest of the said person so intending agreeing and going about shall from the time of the said intending and agreement cease and determine And that then and from thenceforth the said E. I. H. and H. The use of the Premisses to descend to the next issue limited by these presents and the Survivors of them and their heires and every other person having claiming or pretending to have any estate right title or interest of in and to the premisses or any part thereof shall stand and be seised of all and singular the said premisses with the appurtenances to the use of the next issue to whom the said Mannors Lands and Tenements are limited and appointed by these presents to descend remain or come as if the said person that so intendeth or goeth about to do or suffer to be done as is aforesaid at the time of the said intendment agreement or going about had been dead and departed this present life and to the use of the Heires of the body of the said Issue lawfully begotten under like condition as aforesaid Provided moreover Proviso that if the Assurer be minded to sell the Mannor of B. then to assure other Lands in lieu thereof and to the uses aforesaid and the Trustees to stand seised to the use of the Purchasor and it is further agreed between the said parties to these presents That if the said Sir G.S. at any time during his naturall life shall be minded or disposed to bargain sell or convey away the said Mannor of B. with the appurtenances and in lieu and place thereof to convey and assure so much
times hereafter shall be sufficiently saved harmlesse of and from all former Bargains Sales Joyntures Dowers Statutes-merchant and of the staple Bonds Recognizances Entailes arrearages of Rents Annuities Fees Judgments and Executions and of and from all other charges grants titles and incumbrances whatsoever had made or done at any time before the sealing of these presents the Rents and services from thenceforth to be due to the chief Lord or Lords of the Fee or Fees of the Premisses Exception of Leases and Estates by Copy and all Leases for terme of yeares and Grants by Indenture heretofore made or by Copy of Court roll according to the customes of the said Mannors or of either of them whereupon the old and accustomed Rent or more is reserved and payable during the continuance of the said termes and Estates alwaies excepted Further assurance And further the said Sir G.S. covenanteth c. to and with the said E. and H. G. That he the said Sir G. S. and his heires from time to time at all times within the term of five whole yeares next ensuing the date of these presents shall and will not onely make do knowledge and suffer and cause c. all and every such further devise and devises thing and things at the costs and charges in the Law of the said E. and H. their Heires Executors or assignes or some of them as by the same E. and H. their heires or assignes or by their learned Councell in the Law or any of them shall be reasonably and lawfully devised or advised for the further surety assurance and sure making of all and singular the said Mannors Lands Tenements and Hereditaments with their appurtenances aforesaid and the reversion and reversions of the same and of all and every other the said Premisses with the appurtenances whatsoever to the said E. J. H. and H. and to the sorvivor of them and to their Heires and Assignes to the onely intents uses and behoofs before specified And it is further covenanted condescended Agreement that the Husband may sell Woods and make Leases for 21. years or three lives reserving the old Rents and agreed between the said parties to these presents for them their Heires Executors and Administrators and the true intent and meaning of these presents been That the said Sir G. for and during all the term of his naturall life at his will and pleasure may lawfully fell cut down and carry away any timber trees or woods whatsoever standing or growing in or upon the soiles or grounds of the Premisses or any of them And also to demise grant or to Farme let by Copy of Court roll according to the custome of the said Mannors or for the number and term of one and twenty yeares or for longer number and term of yeares to end and determine upon the end of three lives at the most or for one two or three lives at the most such part of the Premisses as usually and accustomably have been granted by Copy or have been used to be demised and letten for terme of yeares or lives so alwaies that the said grant and demise extend not to the Mannor-house of W. nor to the Park of W. nor to the said house neer C. Lane nor to any part thereof And so alwaies that the said Sir G do leave to the said Dame D. to go and remain with the said Mannor house the number of three hundred acres at the least beside the Park And so also that upon all and every such granting letting or demising of the Premisses or any of them the said Sir G. do reserve and save the old usuall and accustomed rent duety and service and rents duties and services before accustomed to be paid yeilden and done for the Premisses or any of them so and in such sort that the same rent dutie and service from time to time at all times may and shall continue due and payable to the said Sir G. for terme of his life and after his decease to the said Dame D. his wife and to her Assignes for and during the terme of her life and after her decease to the use of the right Heires of the said Sir G. for ever And it is further covenanted granted concluded provided and agreed by and between the said parties by these presents Agreement if the wife demand he● Dower at the Common Law her estate in these Lands to cease That if the said Dame D. after the death of the said Sir G. demand by action or Writ of Dower to have her Dower at and by the order of the Common Lawes of this Realme of any of the Mannors Lands Tenements or Hereditaments of the said Sir G. And do disagree and refuse to accept and take the said Premisses and the Mannor of C with all and singular the appurtenances to her by other sufficient conveyance to be limitted and appointed for and in the name of her Joynture Or if the said Dame D. do by Action Suit or Entry challenge or demand the Mannor of A. in the County of S. by reason of any conveyance heretofore had and made and will not permit and suffer the Heires of the said Sir G to receive and take the Issues and profits thereof That then the Estate and interest of the said Dame D That then c. in and to the said Mannor of W with the appurtenances to be void and of none effect And then and from thenceforth the said E I H and H shall stand and be seised of the said Premisses with all and singular the appurtenances to the use of the said Sir G and his Heires for ever any thing in these presents contained to the contrary notwithstanding And further it is condiscended and fully agreed between the said parties to these presents That the said Dame D shall at all times necessary during her life well and sufficiently support repaire and amend the said Mansion house of W and the House and Buildings belonging to the same in all needfull and necessary reparations In witnesse c. A Womans Joynture in Land passed by Recovery with single Voucher with Condition to make good Leaeses to be made by the Husband and the Wife THis Indenture c. Between E. G. of the one part and A.B. and C.D. on the other part witnesseth That the said E G in consideration of the marriage had between him the said E. and L. now his Wife Daughter of R C Esquire deceased and to the intent to make and convey unto the said L a convenient Joynture of certain of the Lordships Mannors Lands Tenements and Hereditaments of the said E G and for divers other good considerations the said E G especially moving doth covenant and grant for himselfe his Heires Executors and Administrators to and with the said A B and C D. And it is covenanted granted and agreed between all the said parties to these presens in manner and forme following that is to say That the said E G To
suffer a recovery with simple Voucher within the space of one yeare next comming after the date of these presents shall permit and suffer the said A B and C D and the Survivor of them by Writs of Entry sur disseisin in le port returnable before the Justices of the Common Bench according to the course and order of common Recoveries with simple Voucher to recover against him the said E. all those his Lordships and Mannors of E C W and W in the said County of N with their appurtenances and all other the Lands Meadowes Pastures Woods Rents Reversions and Hereditaments of the said E scituate lying and being in E. C. W. and W. in the said County of N. And also the Lordships of c. in the County of L. and all others the Lands c. by such convenient names and additions as shall be reasonably devised And that executions shall be had and made of and upon the said recoveries User of the Recovery And further it is by these presents granted and agreed between the said parties to these presents That the said recoveries to be had and executed as aforesaid and every common recovery with Voucher within the space of one yeare next ensuing to be su●tered by the said E. of the Premisses and every or any part thereof by what names or additions soever the same shall fortune to be had or suffered immediatly from the execution thereof shall be And that the persons who shall recover the Premisses and every or any part thereof and their heires after every such execution shall stand and be seised of the Premisses with the appurtenances to the onely uses limitations and intents hereafter in these presents expressed and mentioned that is to say To the use and behoof of the said L. To the woman for her life for her Joynture and in recompence of her Dower now wife of the said E. for terme of her life for her Joynture and in full recompence of such Dower as the said L. now is or hereafter shall be entituled unto or may hereafter claim or demand of any the Mannors Lands Tenements or Hereditaments of the said E. her Husband and after her decease to the use and behoof of the said E. B. and of the Heires of his body lawfully coming After to the husband and his heirs and to divers remainders according to an ancient entaile made by the husbands Father and for default of such Issue to the use and behoof of the said R. G. Brother of the said E. and of the heires males of his body lawfully coming and for default of such Issue respectively and ratably to the use of such person and persons and their heires or the heires of their bodies begotten or for other whatsoever estates in such manner and form and under such uses estates conditions and limitations as particularly and proportionably therof is limited appointed or declared by any lawfull devise or conveyance made by E.G. Esquire deceased late Father of the said E. party to this Indenture for ever For the strengthening of Leases to be made by the husband the wife or the husband after the wives decease Provided nevertheless it is agreed between the said parties to these presents That if the said E.G. the Son at any time or times hereafter during the lives of the said E. and L. jontly by any Indenture to be made in the name of the same E. and L. on the one part and any other person or persons on the other part or after the death of the said L. by any Indenture to be made in the name of the said E. of the one part and any other person or persons on the other part shall make any Lease or Leases of the said Mannors c. or of any part or parcell thereof other then of the Capitall Messuage of the said Mannor of great A. and the demesne lands of the said Mannor of great A. or of any part thereof for any terme or termes of yeares and do reserve thereupon payable yearly during such Lease or Leases unto the said E. and L. and unto the heires of the same E. at the two usuall Feasts or daies of payment by even portions the yearely rents now usuall to be paid or payable for the Premisses so to be demised or other yearely rents of better yearely value That then and from thence forth the Recoveries and Executions afore mentioned as concerning the Lands or Tenements in forme aforesaid to be letten shall be and the Recoverers afore mentioned and their heirs shall of and in the Premisses so to be letten as aforesaid stand and be seised from the severall beginnings of every such Lease severally to the use of those person or persons to whom such Lease or Leases thereof shall be made and severally of their Executors and Assignes during his or their said Lease or Leases so as the person or persons to whom such said Lease or Leases shall hereafter fortune to be made their Executors or Assignes shall pay to such person or persons who for the time shall have the next and immediate estate of the Freehold of the Premisses so hereafter to be demised according to the limitation of the uses aforesaid all such rents in such forme as upon their severall Lease or Leases shall be limited or appointed to be paid and so as the said severall Lessees their severall Executors Administrators and Assignes do observe and keep all such Conditions in Law as Tenants for term of yeares by the Lawes or Statutes of this Realme of right'ought to observe and keep And of and concerning the reversion and reversions and Freehold of the Premisses in forme aforesaid hereafter demised to the use and uses of such person or persons and in such manner and forme quantity and condition to every intent construction and purpose after and according to the declarations and limitations of the uses in these presents limitted as if such Lease or Leases had never been had nor made Any thing to the contrary c. In witnesse c. Consultors Manwood Wilbraham Fr. Sanders For the assurance of a Womans Joynture THis Indenture c. between T.B. of W. in the County of K. Esquire on the one part and M.L. Mercer R.M. Goldsmith and T.A.S. Citizens of L. on the other part witnesseth That the said T.B. for and in consideration of a marriage to be had and solemnized between E. D. Gent. Cosin of the said T. B. and A. L. Widow and for a Joynture to be made and assured to the said A. and for her preferment and advancement doth by these presents covenant and grant for him his Heires and Assignes to and with the said M. L. R.M. and T. A. their Heires Executors and assignes that the said T.B. his heires and assignes and all and every other person and persons their heires and assignes that now be or hereafter shall be seised of one Messuage or Tenement with the appurtenances in P
called c. with all Lands c. to the same belonging or with the same demised or occupyed and also of all those Messuages c. shall from henceforth stand and be seised of the same to the use of the said A. for term of her life and after her decease to the use of the said T.B. his heires and assignes for ever And the said T B. for him c. covenanteth c. that the said T. B. is at the ensealing and delivery hereof sole seised of the premisses of a good and sure estate in Feesimple to him and his heires And that the said A. shall or may lawfully hold occupy and enjoy the same during her life In witnesse c. Bydell Consultor Indentures An Indenture for the knowledging of a Fine by a man and his Wife to the intent to exclude the Woman from having for her Dower the third part of Land leased by her Husband after the Marriage betwixt her Husband and her THis Indenture Tripartite made c. Between C. B. Printer to the Queens most excellent Majesty and K. his Wife on the first part F.M. of L. Gent. on the second part and G. S. and H.M. on the third part witnesseth That whereas the said C.B. in and by one Indenture bearing date the third of July last c. made between the said C on the one part and the said F. M and E.N. of c. on the other part The said C. B. for the considerations in the said Indenture expressed did demise c. to the said F. and E. all that the Mannor Capitall Messuage or Farme called W. in the County of M. with all and singular the rights members and appurtenances thereof and all singular his Messuages Lands Tenements Rents Reversions Services Priviledges Franchises Commodities and Hereditaments whatsoever with all and singular their appurtenances set lying and being arising growing hapning or coming in the Townes Parishes Hamlets or Feilds of K. and W. in the said County of M. to the said Mannor or Capitall Messuage or Farme belonging or in any wise appertaining or esteemed c. as part thereof c. And all and singular other Messuage Meadowes Feedings Pastures Woods under-Woods Priviledges Franchises Commodities Advantages Rents Reversions Services and Hereditaments whatsoever of the said C. B. in K. and W. aforesaid in the said County of M. except and alwaies reserved to the said C B his heires and assignes all the Oakes and Trees whatsoever standing growing or being in or upon one peece of ground invironed with a Wall called the L which said Oakes and Trees are to grow as an ornament to the Mansion house of the said Mannor Messuage or Farme To have and to hold to the said F and E c. from the Feast of Michaelmas next ensuing the date of the said Indenture for and during the the term of 41. years from thence c. and fully to be compleat and ended yeilding and paying therefore yearly during the said term unto the said C. his heirs and assigns 66 l. 13 s. 4 d. of lawfull c. at the feast of the Annunciation c. and St. Mich c. by even portions as by the said Indenture amongst othet things therein contained more plainly may appeare The Estate Title Interest and term of years of which said E N the said F M now hath Now for and to the intent to bar and exclude the said K wife of the said C. B of and from all such Estate Right or Title of Dower as she the said K. shall or may have or claim of in or to the same premisses or of in or to any part or parcell thereof during the said term And for the better ratifying and confirming of the said Grant Demise or Lease and for the better and more assured payment of the said Rent in and upon the said Demise and Lease reserved It is covenanted granted condiscended concluded and fully agreed by and between all the said parties to these present Indentures in manner and form following that is to say The said C. B. for him his Heires Executors and Administrators and ecery of them doth covenant promise and grant to and with the said F M. his Executors Administrators and assignes and every of them by these presents That the said C. B. and the said K. now his wife shall and will before the Feast of Pentecost now next ensuing at the costs and charges in the Law of the said F.M. his Executors Administrators and Assignes or some of them knowledge and levie one Fine unto the said G. S and H.M. to be had and engrossed with sixteen Proclamations according to the due course and order of the common Lawes and Statutes of this Realme in that case provided of and in all that the said Mannor Capitall Messuage and all the said Messuage Farms Lands Tenements Meadowes Feedings Pastures Commons Woods underwoods Reats Reversions Services and Hereditaments and all other the Premisses aforesaid with their appurtenances and every part and parcell thereof by such name or names and in such manner and form as by the said F.M. his Executors or assigns or any of them or by his or their or any of their Councell learned in the Law shall be devised or advised By which Fine the said C.B. and K. his wife shall knowledge the said Mannor Messuages Lands Tenements Hereditaments and Premisses to be the right of the said G.S. as those which the said G S and H M then shall have of the Gift of the said C B and K And the same by the said Fine shall remise and quite claim from them the said C and K and their Heirs to the said G S and H M and to the Heirs of the said G S for ever And further the said C and K his wife shall for them and the heirs of the said C warrant the same Mannor c. to the said G and H and to the Heirs of the said G for ever against the said C and K and the Heirs of the said C for ever And further that he the said C B shall and will within convenient time from henceforth what in him is suffer do and procure to be done at the costs and charges of the said F M his Executors Administrators and Assignes or some of them all and every such thing or things as shall be necessary or convenient of and for the engrossing and perfecting of the same fine and Proclamations as is aforesaid The which Fine so to be levied of the said Premisses or any part thereof between the said parties or any of them before the Feast of Pentecost now next ensuing shall be and shall be adjudged deemed and taken to be to the uses intents and purposes hereafter expressed and declared and to none other use uses intents or purposes that is to say for the ratifying confirming and assured having and enjoying not onely of the said Mannor Capitall Messuage Farm Lands Tenements and Hereditaments before mentioned to be demised and
said moyety of the said premisses or any part or parts thereof to any person or persons other then to the wife or children of the said R.C. or any of them that then the said R. C. shall first make offer thereof at the lowest price for which he or they shall or will alien or sell the same unto the said I. B. his Executors c. and shall not make offer thereof unto any other untill the said I.B. his Executors c. shall have first refused the same or neglected to accept of the said offer by the space of one month next after such offer And if the said I.B. his Executors c. shall accept of the said offer and agree to give the price so set for the same that then the said R C. his Executors c. shall upon payment to him or them of the monie so set for the price thereof well and sufficiently grant convey and assure to the said I B. all that his or their moyety of the premisses And all this and their Estate Right Title Interest and terme of years in and to the same then to come of in and to the said originall Indenture of Lease discharged or upon reasonable request saved and kept harmlesse by him or them of all former Grants Charges and Incumbrances had made or done by him or them The like Covenants in all things from I B to R C. A Lease to a Woman for so long and so often as she shall remaine in Widowhood R. B Esquire and P B Esquire by Indenture dated c. for the fatherly and brotherly love and affection that they beare to S C daughter of the said R B. and sister of the said P B and towards her advancement and better maintenance and stay of Livering done demise to the said S all their Tenements and Gardens scituate in B. Street c. except the Mansion house c. To hold to her and her assignes from Michaelmas c. to the end and term of one and twenty years c. without impeachment of waste so long and so often as the said Lady S. shall remain in Widowes estate yeilding yearly to the said R. so long as he shall live and after to the said Lord W his Heires and assignes ten shillings c. And for the consideration aforesaid do further demise unto the said Lady S. all the Premisses Habend from the end of the same one and twenty years unto the end and term of sixty years if she live so long without impeachment of waste so long and so often as she shall remaine in Widowhead yeilding the yearely rent as aforesaid Provided alwaies that it shall not be lawfull for any person that shall be husband of the said Lady S. to make any Grant Demise or alienation of the Premisses or any part thereof at any time during the Coverture c. A Lease to them that assured the Land for the certaine payment of an Annuity THis Indenture c. Witnesseth That the said E and A Vide an annuity entituled An annuity granted for two lives with the inheritance of Land assured to the payment thereof wherupon this Lease dependeth for and in accomplishment of their former promise and agreement in that behalfe made to and with the said c. have demised c. to the said c. all that their Mannor c. and all and singular Messuages c. with the Leasures heretofore had of the Grant of the Lessees by an Indenture c. Habend c. to the Lessees their Executors and assignes from the day of the date hereof during the term of one and twenty years if either of the Lessors live so long Provided alwaies that if at any time during the naturall lives or life of the said E. and A. or either of them the Lessees their Heires Executors or assigns shall make default at any time and not pay or cause to be paid to the Lessors and the Survivor of them yearly that annuity or yearly payment of a hundred pounds c and every part thereof to the said E and A granted by the said former Indenture above in these presents recited according to the tenor c. of the same Indenture That then this Lease to be void c. and a re-entry c. In witnesse c. A Lease upon Condition that when the Lessor shall have paid the Lessees such monie as he oweth them or they stand bound for him or when they shall be satisfied by Profits of the Land this Lease shall be void THis Indenture Tripartite made c. between the right honourable Sir F.W. Knight one of the principall Secretaries of our Soveraigne c. on the one part and R.M. Citizen and Alderman of L. on the second part and W.D. of W. in the Parish of K. in the County of M. Gent. on the third part witnesseth That the said Sir F. Intent W. for and to the intent that the said R M and W. D and either of them and the Heires Executors and Administrators of either of them shall and may be well and truly satisfied recompenced contented paid and saved harmlesse of and for all and singular such summe and summes of monie whatsoever as they the said R. and W. or either of them heretofore have lent or delivered to the said Sir F. or to any other person or persons to or for his use by his consent request or agreement or at any time hereafter shall lend and deliver to or for the use of the said Sir F. by or at his request consent or agreement And also of and for all and singular such Bills Debt Obligations and other Bonds whatsoever which the said R. and W. or either of them heretofore have made or hereafter shall make joyntly with the said Sir F. or otherwise without him for his debt or at his request hath demised granted and to farme letten Demise And by these presents c. to the said R M and W D all that the Lorship and Mannor of B with all the rights members and appurtenances thereof in the County of W and all and singular Mills Lands Tenements Meadowes Feedings Pastures Rents Reversions Services Moores Waters Fishings Fines Amerciaments Heriots Courts Leets Viewes of Frankpledge and all that which to view of Frankpledge doth belong assise and assay of Bread Wine and Ale and all other Profits Commodities Emoluments and Hereditaments whatsoever to the said Lordship or Mannor belonging or appertaining And all and singular Mannors Messuages Lands Tenements Rents Reversions Priviledges Liberties Jurisdictions Profits Commodities and Hereditaments whatsoever with their appurtenances which the said Sir E. hath or ought to have in use possession remainder or reversion or in any other estate whatsoever in B A I ● L W H and W or in any of them within the said County of W. or elsewhere in any other place or places within the same County To have and to hold the said Mannor of B. and all the rights
surrendred and by these presents c. unto the said S. and M. and to the Heires of the said M. the said Farme c. And all the estate right title interest claime and demand of the said Sir E. and R. and either of them to of or in the said Farm c. and every or any part or parcell thereof To have and to hold all and singular the premisses with the appurtenances to the said S and M and the Heires and Assignes of the said M to and for the proper use and behoof of the said S and M and of the heirs and assignes of the said M for ever And the said Sir E L for him c. covenanteth c. that the said S and M and the Heires and assignes of the said M shall or may from time c. hereafter lawfully c. have hold occupy possesse and enjoy the said Farme c. and all the Rents Issues Revenues and Profits thereof or thereby from time to time coming growing arising or renewing to perceive receive take and enjoy to their own proper use and behoof for ever as well free and cleerly discharged c. of for and from all and singular former Bargaines c. had made c. or to be had made c. by the said Sir E. As also without any let c. The like Covenant by R F. In witnesse c. Testimonialls A Testification of having the assignment of a Lease in trust where it is set over to be saved from drowning by purchase of the fee simple TO all c. H. B. of L. Haberdasher and S. H. of L. aforesaid Draper send greeting Whereas W. N. of B. in the County of E Gent. by his poll Deed bearing date c. Hath conveyed bargained sold assigned and set over to us the said H. and S. those two severall Indentures of Lease whereof the one beareth date c. and the other beareth date c. made to the said W. N. by M. B. Gent. of all the marsh-grounds c. As by the said Deed of the said W N more plainly and at large may and will appear Know ye that we the said H and S had the same conveyance bargain sale and assignment to us made as aforesaid only in trust to be used and imployed from time to time at the appointment will and pleasure of T. M. citiz Haberdasher of L with whose only money the said Leases were purchased and to us the said H S conveyed as aforesaid and not otherwise or in any other manner whatsoever which Leases and conveyance we have therefore on the day of the date hereof delivered into the custody of the said T S by him his heirs and assignes to be preserved or annihilated at his or their pleasure binding our selves and premising for us our heirs executors and administratos by these presents That we and the survivour of us his executors and administrators shall and will grant and convey bargain sell and set over the said Leases and either of them and all our estate title and interrest of in and to the said marsh grounds and other the Premisses at all times hereafter when as the said T. S. his heirs or assignes shall require the same to such person or persons as the said T. S. his heirs or assignes shall in that case nominate and appoint In witnesse A Writing or Testimoniall certifying the paiment of a summe of money according to a Condition contained in an Indenture for making void of the same and uses therin contained BE it known that on the day of N. in the year c. in the forenoone of the same day W B the elder citizen and Mercer of L. was living and then being personally present in the Chappell in W London called the Me●cers Chappell with his own hands the same day in the same Chappel did pay to the proper hands of W B the younger natural son of the said W. B. the elder the summe of 100 l. of lawfull c. at one entire payment according to the tenor purport and effect of one pair of Indentures made between the said W B on the one part and A B. C and D. naturall sons of the said W B the elder on the other part And bearing date c. which said summe of one hundred pounds the said W B the younger had and received accordingly And then and there the said W B the elder did plainly and openly declare that he did so pay the said summe of one hundred pounds to the intent that according to the condition contained in the said indentures the same Indentures for all the lands tenements and hereditaments therein specified from henceforth should be and remain to the use of the said W B the elder his heirs and assignes for ever and to none other use or uses And to the intent also that from thenceforth the said W the elder his heirs and assignes and all other person and persons and their heirs seised or to be seised of or in all that Messuage c. and all singular other lands tenemnts and hereditaments in the said Indenture specified or of every or any part thereof should from thenceforth stand and be thereof and of every part thereof seised to the onely use of the said W the elder his heirs and assignes and to none other use uses or intents any thing in the said Indentures expressed or thereupon to be construed to the contrary in any wise notwithstanding Whereupon we A B C D and E F which were present with the said W B the elder in the Mercers Chappel aforesaid when and whilest as he did with his own hands there pay the said summe of c. of lawfull c. unto the said W. the younger in manner and form abovesaid being called and required by the said W B the elder to bear witnesse of the said payment and other the Premisses for testimony of the truth in this behalf to all to whom it doth and may appertain have hereunto with the said W. B. the elder subscribed our names and set our seals Given c. Uses An Indenture to lead the Vse of a Recovery to strengthen a Lease of Land in London made by a Tenant for life and the Tenant in tail in remainder THis Indenture tripartite made c. Between L H of L. widow late wife of T. H. of L. Gent. deceased and before that the wife of C. W. late citizen and Merchant-taylor of L. deceased and C W of L. Gent. son of the said C W deceased and of the said L. on the first part And E D of L. Gent. and R W citizen and Gold-smith of L. on the second part And T P of L. Draper on the third part witnesseth Recitall of the Lease that where the said L H and C W the son by their indenture of Lease bearing date the first day of this instant moneth of February for the considerations therein mentioned Have demised granted betaken and to
in one Messuage and Tenement with the appurtenances in c. and of and in c. And of and in all other the Messuages lands tenements and hereditaments of the said Dame A whereof she the said Dame A is seised of any estate of inheritance in H and J aforesaid in the said County of c. to the uses behoofs intents limitations and purposes hereafter in these presents expressed or mentioned under the provisoes and conditions hereafter mentioned and to none other use behoof limitation or purpose That is to say to the use and behoof of the said Dame A and of her assignes for term of her life without impeachment of waste To stand seised to uses And it is further covenanted granted conditioned and fully agreed beween the said parties to these presents that immediately from and after the death of the said Dame A the said J and J and their heires and the survivor of them and his heirs shall stand and be seised of and in all that c. To the use and behoof of the said K B and of her heires and assignes for ever And of and in c to the use and behoofe of the said W B and of her heirs and assignes for ever Provisoes for the making good of Leases Provided alwaies and neverthelesse it is covenanted granted condiscended conditioned concluded and agreed between the said parties to these present Indentures for them their heirs and assignes to and with the other of them That if the said Dame A hath made or at any time hereafter during her naturall life shall make any demise lease or grant for term of life lives or years of any of the said lands tenements and hereditaments and other the Premisses or of any part or parcell of the same to any person or persons That then and from henceforth the said J and J and their heirs and the survivor of them and his heirs shall stand and be seised of such parcell and of so much of the said lands tenements and other the Premisses with the appurtenances as is or shall be so demised letten or granted by the said Dame A to the use and behoof of such person or persons to whom any such demise lease or grant is or shall be so made onely for and during such estate and interest as is or shall be comprised in such demise lease or grant according to the purport of the same demise lease or grant so long as such person or persons to whom such demise lease or grant is or shall be so made shall and will within fourty daies next after reasonable request not onely pay the rents duties customes and services reserved or which shall be reserved upon any such lease or grant to such person or persons to whom the use reversion or remainder thereof immediately shall then appertain by means of any conveyance covenanted to be made by these presents or else of any covenant contained in these Indentures But also perform all such covenants grants articles and agreement as on the part and behalf of such person or persons shall be to be performed fulfilled or kept comprised in such demise lease or grant and use herein contained or limited to the contrary in any wise notwithstanding Provided alwaies and it is further covenanted c Condition to avoid the now uses upon payment of ten shill to c. between the said parties by these presents That if the same Dame A at any time hereafter during her life do render or pay to the said Treasurer or to any one of the Governous of Christs Hospitall in London for the time being or to any other to their or any of their use the summe of ten shillings of lawfull c. for the behoof and reliefe of the poor children of the said Hospitall of Christs Church within the city of London for the intent and purpose to alter all or any of the uses aforesaid That then and fronceforth the aforesaid use and uses shall cease c. limitations and intents limited or appointed by this present Indenture shall cease determine and be utterly void And that then and from thenceforth the said J and J and their heirs and the survivor of them and his heirs and the said Dame A and all other person and persons being then seised of the said lands tenements and other the Premisses with their appurtenances shall c. to the use of the said Dame A and of her heirs and assignes for ever and to none other use intent or purpose This Indenture or any thing therein contained to the contrary in any wise notwithstanding If the party seised in see die before assurance made then uses are raised according to the estates prelimited And the said Dame A. for the considerations before in these presents declared and for divers other causes her moving Doth covenant and grant for her self her heires and assignes to and with the said J. and J. their heirs executors and administrators and the heirs executors and administrators of either of them That if she the said Dame A. do happen to die before the said Feast of All-Saints next c. and before any estate or assurance by her made of the said Messuages lands tenements and hereditaments and other the Premisses with their appurtenances to the said J. and J. and their heirs or the survivor of them and his heirs according to the intent and true meaning aforesaid That then she the said Dame A. and her heirs and all and every other person and persons and their heirs having any estate of interest or inheritance in or to the said lands tenements other the Premisses with their appurtenances or in or to any part or parcell thereof shall immediatly from and after the last instant of the third day next before the day of the death of the said Dame A. for the considerations aforesaid stand and be seised of and in the said Messuages lands tenements meadows pastures woods under-woods rents reversions services and hereditaments and of and in all and singular other the Premisses with their appurtenances to the severall uses intents behoofs purposes and limitations before in these presents expressed and limited under such provisoes determinations and conditions and in such manner and form as are before in these presents mentioned and declared and to none other use intent or purpose And that if the said Dame A. do happen to live untill the said Feast of c. next c. And that before the same day there be no estate or assurance by her made of the said Messuage lands tenements and hereditaments and other the Premisses with the appurtenances to the said J. and J. and their heirs or to the survivor of them and his heirs according to the true intent and meaning aforesaid That then and from thenceforth for ever for the considerations aforesaid the said Dame A. and her heirs and all and every other person persons and their heirs having or which then shall
paying half the debt ib. To pay money taken up by Exchange upon rechange thereof at London 52 To make assurance of Copyhold-Lands Rent free ibid. For sealing an Obligation by a third party two having sealed 53 To save harmlesse a womans Joynture ibid. Another to the like effect 54 Another to the like effect ib. That an Apprentice shall account c. answer what his Master shall lose by his untruth 55 For quiet enjoyment of a house upon sale of a Lease thereof 56 That if a Mortgage be forfeited it shall remaine to the Mortgagee free from Incumbrance 57 For discharging of Incumbrances or sale of a Lease by poll Deed 58 For making a Voyage to Venice and returning with expedition 58 For two Administrators during a Minority each saving the other harmlesse 59 Vpon a Letter of Attorney for recovering debts with clauses that the Constitutor shall not revoke but avow the Actions and shew his Book to prove them 60 For redelivery of Silver wrought into Plate of such forme as shall be appointed 61 For repaying a Legacy received of the Executor shall pay debts yet concealed 62 For one Partner having the Trade and receit of debts his paying the other Partner a moyety ibid. For leaving his Son his Childs part 63 For paying the remainder of a Childs part where part is paid before ibid. For saving one harmlesse who delivers a gold Chain fearing to be put into the Exchequer 64 To put in Sureties to the Chamber for a summe delivered thence to another hand 65 To procure new Sureties in the Chamber to discharge a Surety already bound if he request it ibid. For assuring a Parsonage to a Clark presented against them that can claim former Presentments 66 For ones forth coming when called for 67 For not doing prejudice on a Bond in the name of both parties 67 For justifying a Letter of Attorney 68 That the Constitutee in a Letter of Attorney shall receive the money to his own use 69 Another on a Letter of Attorney ibid. For paying money upon an Act Executory 71 Between two Executors for paying half the Legacies and debts and having half the best of the Testa●ors goods ib. To make one free by a day and that in the mean time he shall take the benefit of his own labour 72 For saving harmlesse the reputed Father from keeping a Bastard 73 For making good an Account if on further examination it prove faulty ibid. By a Jaylor for saving the Sheriff and under-Sheriff harmlesse 74 For one that hath received his Childs part not to make further claim nor trouble his Fathers Executors c. 76 Not to challenge Contract of Matrimony nor trouble any person the Obligee shall marry 77 To confesse an Action in one of the Counters by a day ibid. For a Baylifs due executing of his Office and accounting 78 To make a woman a Joynture and deliver the writing thereof to her friends 79 By such as have portions forth of the Chamber of London for the paying for the Education of the Children ibid. For repairing a moyety and performing the Condition of the Recognizance where two have money forth of the Chamber 80 For paying Rent and voiding on warning on a Lease at Will 82 For a Silver-workers re-delivery of Silver wrought in fashions prescribed alwaies within a certain time 83 For procuring a grant of an Outlawes Goods by a day 83 For taking one in execution on a Stat. by a day 4 Not to become Surety nor play at Dice or Cards 85 In case of Divorse where the man and wives Friends bind themselves not to intermeddle 85 For quiet enjoying and discharge of Incumbrances c. on sale of Land passed by Feoffment 86 Another like Condition 88 For saving harmlesse from Obligations and delivering them up or acquittance for them 89 To pay for such Wares as shall be delivered from a Tradesman in London to his Chapman elsewhere ibid. For repayment of money on request for paying certain interest yearly during the Obligor having the principall towards Childrens maintenance and for renewing sureties in case of their death or decay 90 Vpon an Indenture of Partnership 92 Another to the same effect ib. For sealing a Lease annexed to the Obligation by a day 93 For enjoying land for ever and that an heire shall make further assurance when he comes of age 94 That a Trustee in purchase of copyhold-Copyhold-land shall surrender on request 95 Vpon a Deed of Feoffment ib. For saving harmlesse from or cancelling an Obligation by a day 97 For answering back a Fine per rate if the Tenant will surrender his Lease before the end ib. For saving harmlesse from a Recognizance for Childrens portions 98 For saving Executors harmlesse from Legacies delivered to the Obligor for the Legatees use and for repairing a rateable part if the Over-plus of the Testators Goods will not satisfie his debts 99 To release all charges given by sentence in the Spirituall Court 101 To release charges to be adjudged in the Spirituall Court and not to revive a Suit of Matrimony against the Obligee nor trouble him in that behalf 102 For redeeming a Lease mortgaged if the Mortgagor redeem it not by the day 103 That an heir shall make a Lease when he comes of age 104 For leaving a Wife a Joynture 105 Vpon a Release of a Contract of Marriage 106 For paying money on request ib. By a Baker to a Scavenger for ridding the streets ib. To save a Merchant harmlesse that hath taken up money at double Vsance for the Obligor 107 For the Vendor paying a rate for every acre that shall be recovered against the Vendee and to satisfie or discharge Incumbrances that shall appear 108 Not to revoke a Letter of Attorney but save harmlesse the premisses from Incumbrances and make further assurance c. 109 For Childrens portions in the Chamber of London 110 On a Letter of Attorney upon a Bond not forfeited 112 The like on a Letter of Attorney for recovering divers debts 113 To deliver Saffron 115 To deliver Corn ibid. To deliver Corn at divers daies ib. For delivery of Tynne 116 Covenants In a purchase that the Vendor repay the Vendee a summe for such part as the Vendee shall be evicted of 133 For the Vendees distraining other Lands for Tythes to be recovered against him in respect of the Land he purchased 136 That if a tenant be distrained for a rent charge he shall retain his own rent for recompence 181 One common Joynture in free-hold and copy-hold 116 Between the fathers of a man and woman to be married for allowing them money and lands and more at death 118 For safe custody of a Lease amongst divers Interessed 122 Touching a Recognizance for the Cognizees extending the land at request of the purchaser and to convey over the interest growing thereby 126 To make assurance of lands to uses conditioned that the uses interst shall determine if he go about to discontinue 128
other Lands and Tenements to the said E.I.H. and J. and to their Heires or to the survivor of them and his Heires according to the estates and to the uses above mentioned and for the doing of the same do obtain the consent and agreement of the said E. and H. G. or of the survivor of them in writing under their hands and seales or under the hands and seales of the survivor of them that then the said E. J. H. and H. and the survivor of them and their Heires immediatly from and after the time of such consent and agreement of the said E. and H. G. or of the survivor of them and from and after a sufficient conveyance and assurance made by the said Sir G.S. of other Manners Lands or Tenements to the yearly value of the said Mannor of B. in forme aforesaid to the said E.G. and H G or to the Survivor of them or to such as the said E. and H C. the younger or the survivor of them shall nominate and appoint the said E. and H. and the survivor of them and their heires shall stand and be seised of and in the said Mannor of B. with the appurtenances to the onely use and behoof of such person or persons and their heires for ever to whom the said Sir G.S. shall so bargain and sell the same as aforesaid and to none other use or uses whatsoever any thing in these presents contained to the contrary in any wise notwithstanding Discharge of incumbrances And the said Sir G. S. for him his Heires Executors and Administrators and evry of them doth covenant and grant to and with the said E. and H. G. their heirs executors and administra and every of them by these presents in manner and form following that is to say That all and singular the said Mannors Messuages Lands Tenem and Hereditam and all and every other the Premisses and the reversion and reversions thereof from henceforth shall continue cleerly and freely acquitted and exonerated or at all times hereafter shall be saved harmlesse of and from all former Bargains Sales Joyntures Dowers Statutes Bonds Recognizances Entailes arrearages of Rents Annuities Fees Intrusions Judgments Forfeitures and Executions and of and from all other charges grants titles and incumbrances whatsoever had made or done by the said Sir G. at any time before the making and sealing of these presents the rents and Services from henceforth to be due to the chief Lords of the Fee or Fees of the Premisses and the Estate of M. B. of in and to the said Mannor of B. with the appurtenances for the term of her life only And all Leases for termes of years and grants by Indentures or Copy of Court Roll heretofore made whereupon the old and accustomed rent or more is reserved and payable during the said term onely except And further that he the said Sir G S. from time to time within five years next ensuing the date of these presents shall and will do make knowledge and suffer and cause c. all and every such further devise and devises thing and things at the costs and charges of c. as by the said E. and H. their heirs or assigns shall be lawfully and reasonably devised or advised for the further surety of all and singular the Premisses and of the reversion and reversions of the same with their appurtenances to the said E. and H. and the survivor of them and to their heirs and assigns to the uses and behoofs before specified and to none other use or intent In witnesse c. A Covenant in a purchase of Land that if the Vendee be evicted then the Vendor to pay the Vendee back again a certain summe of monie for the quantity evicted ANd the said A. covenanteth c. that if any of the said Premisses shall at any time hereafter be lawfully evicted or recovered against the said R. P his heirs or assigns or he the said R P. his Heires or Assigns be lawfully put from the same not being through the negligence consent faint pleading or default of the said R.P. his heirs or assigns That then the said W. his heirs or assigns shall within six months next after notice thereof reasonably given pay to the said R. P. his heirs or assigns for every acre and half acre or greater or lesser quantity so evicted or so put from after the rate of six pounds for the acre at the now Mansion-house of c. without fraud covin or further delay In witnesse c. An Indenture where two Owners of a Ship Covenant with their Ship to fetch a certaine quantity of Salt from beyond the Seas and to deliver it to a Merchant at Dublin and the Merchant covenanteth upon the receit to pay a summe of momonie for the same THis Writing indented or Charter partie made between W. G. of L. Habd and J.T. of L. Grocer Owners of the good Ship of London called the Dragon of the burthen of five and fifty Tonnes and upward whereof is Master under God for the present Voyage one J.N. on the one part and J.C. the elder of Dublin in the parts of Ireland Merchant on the other part Witnesseth that it is covenanted bargained and agreed between the said parties in manner and form following that is to say The said W. G. and J. T. for them their Executors Administrators Factors and Assignes and every of them do covenant and grant to and with the said J.C. his Executors Administrators Factors and Assignes and every of them by these presents That the said good Ship within the space of eight daies now next ensuing or so soon after as wind and weather will suffer shall at the charges and adventure of the said Owners depart from and out of the Port of London aforesaid where she now rideth at an Ancker and from thence shall keep direct course as wind and weather will permit towards some of the Bayes for Salt within the Kingdomes or Territories of France Spaine or Portugall And that the said W. and J. their Agents or Factors at their own costs and charges with all convenient expedition shall fully freight and lade or cause to be laden the said Ship with good and Merchantable Salt and then immediatly as wind and weather will serve shall at their like adventure as aforesaid depart from the same place of lading with the said Ship and her lading towards the Port of Dublin in Ireland And that for the attaining to the same Port of Dublin the said Master and his Marriners with all good end endevour according to their knowledge and understanding shall set and apply their course without any fraud or covin and that so soon as the said good Ship shall have finished her said appointed Voyage and shall arrive in safety with her Lading in the Port of Dublin aforesaid that then in the same Port she shall ride at Anker in the common place of ankorage there called the Poole of Clumme Tarfe And that then