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

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Annuity or yearly Rent according to the purport of these presents and in manner and form aforesaid And further the said G.G. and G. do and either of them doth for them and either of them and for the Heirs c. of them and either of them Covenant that the lands out of which c. in default of payment shall be overt lyable and sufficient to the●●● distresse c. Covenant and grant to and with the said H. P. his Executors c. That the said Manors c. and all other the premises and every part and parcel thereof out of which the said Annuity or yearly Rent is mentioned to be issuing shall and will from time to time and at all times from and after any default in payment to be made of the said Annuity or yearly Rent or of any part thereof at any of the time or times before limited for the payment thereof be overt lyable and sufficient to the distresse and distresses of the said H. P. his Heirs c. And further Covenant that the lands out of which c. are during the continuance of the said Rent shal be of such value c. above all charges reprises Covenant that the Grātee shall peaceably enjoy the rent that the said Manor c. and other the premises out of which the said Annuity or yearly Rent before-mentioned to be granted and issuing now be and shall from time to time and all times hereafter during the continuance of the said Annuity or yearly Rent and during such time as the said Annuity or yearly Rent before granted is mentioned to be payable unto the said H. P. his Heirs or Assigns continue remain be of the cleer yearly value of c. over and above all other charges and reprizes whatsoever And that the said H. P. his Heirs c. shall or lawfully may from time to time and at all times during the continuance of the said term peaceably and quietly have perceive take and enjoy the said Annuity or yearly Rent according to the purport of these presents Covenant that the Lands are and shall be during the continuance of the rent discharged or else saved harmlesse c. And that the said Manors c. and all other the premises out of which the said Annuity or yearly rent before granted is mentioned to be issuing at the time of th' ensealing and delivery of these presents be and so from time to time and at all ●imes hereafter during such time as the said premises shall be chargeable with the said Annuity or yearly Rent shall continue remain and be acquitted and discharged from all former Bargains gifts grants c. grants by Copy of Court Roll and one Lease made excepted or else from time to time and at all times hereafter sufficiently saved harmlesse and indemnified of and from all manner of former bargains sales gifts grants c. and incumbrances whatsoever All grants and demises heretofore made or granted by Copy of Court Roll to any person or persons according to the customs of the said Manors of any customary or Copy-hold lands heretofore usually letten by Copy of Court Roll And one Lease heretofore made by Indenture to one I. L. for the term of c. of the new house in H. with the appurtenances c. being part of the premises only excepted and foreprised In witnesse whereof c. A Grant in Fee-farm with warranty against the Feoffor and his Heirs in which Grant a Letter of Attorney is inserted to give Livery TO all c. Know ye that I the said R. R. for divers Causes c. have demised infeoffed delivered and by this my present Writing indented confirmed unto I.R. c. all that c. with the appurtenances situate lying and being c. conteining in the whole by estimation c. whether it be more or lesse and bounding and butting in manner and form following that is to say c. To have and to hold the aforesaid c. with all and singular their appurtenances to the aforesaid I.R. his Heirs and Assigns for ever of the chief Lord of the Fee thereof In default of payment grant of power to distrain if no sufficient distress may be found upó the ground that then it shall be lawful for the Feoffor to re●enter by the Services therefore due and of right accustomed Yielding and paying therefore to me the aforesaid R.R. and my Assigns yearly c. at two terms of the year viz. c. by equal portions yearly to be paid And if and as often as it shall happen the aforesaid yearly rent c. or any parcel thereof to be behind and unpaid in part or in all after any Feast of the Feasts aforesaid in which the same as aforesaid ought to be paid that then and so often and afterwards it shall be lawfull for me the said R. R. and my Assigns into all and singular the said Lands and other the premises and into any and every part thereof to enter and distrain and the distresses so there taken and had from thence to lead away drive take and carry away and the same to retain and detain untill the said annual rent c. and the arrerages thereof if there be any be fully satisfied paid and contented And if it happen the aforesaid annual rent or any parel thereof to be behind unpaid in part or in all after any Feast of the Feasts aforesaid in which the same ought to be paid as aforesaid by the space c. and no sufficient distresse in or upon the aforesaid c. or any parcel thereof by all that time may be found That then and from thenceforth it shall and may be lawfull for me the said R. R. my Heirs and Assigns in and upon the aforesaid c. and other the premises with the appurtenances to re-enter and the same to have again repossesse and re-enjoy as in my former estate and the aforesaid I. R. his Heirs and Assigns from thence totally to expell and amove any thing before in this present Writing indented to the contrary hereof in any wise notwithstanding The usual clause of Warranty And I the aforesaid R. R. and my Heirs aforesaid c. with the appurtenances to the aforesaid I. R. his Heirs and Assigns against me and my Heirs will warrant and for ever defend by these presents And moreover Know ye Letter of Attorney to give livery That I the said R. R. have made ordained constituted and by these presents in my place put my beloved in Christ I. S. of H c. my true and lawfull Attorney for me in my stead and in my name to enter into the aforesaid c. with the appurtenances and seinsin for me in my stead and in my name to my use take and after such possession and seisin so for me in my name and stead to the aforesaid I. R. his Heirs and Assigns to deliver according to the
Here follows the usual clause of power to enter upon the Land The usual Convenants and to distrain for the rent behind As also the clause of giving seisin of the rent And after that the clause or covenant that the grantor was seized in fee of a lawfull and indefeasible Estate of the land out of which c. and that he had full power in his own right to charge the said lands Then followeth the Covenant that the land shall be overt liable and sufficient to the distresse of c. And that the land is of the cleer yearly value of c. over and above all other charges and reprises And lastly the covenant of peaceable and quiet enjoyment of the said rent c. An Indenture to lead the use of a Feoffment made by a woman before Mariage to the use of her and him that shall be her Husband with a general Covenant that all assurances shall be to these uses THIS INDENTURE c. Between I. D. of c. Virgin of th' one part And I. S. of c. G. S. and I. B. of c. of th' other part Witnesseth That whereas there is a Mariage by the grace of God in short time to be had and solemnized between the said I. D. party to these presents on the one part And the said I. S. another of the parties to these presents on the other part it is covenanted granted condescended concluded and agreed upon by and between the said parties to these presents and every of them in manner and form following First the said I. D. doth for her self her Executors and Administrators covenant promise grant and agree to and with the said I. S. his Executors and Administrators that she the said I. D. shall and will before the c. espouse and take to Husband the said I. S. if he the said I. S. will thereunto agree and the Laws of God and holy Church will it permit and suffer And also the said I. S. doth for himself his Executors and Administrators covenant promise and grant to and with the said I. D. her Executors and Administrators that he the said I. S. shall and will before the said c. espouse and take to Wife the said I. D. if she the said I. will thereunto consent and agree and the Laws of God and holy Church will it permit and suffer And the said I. D. as well for and in consideration of the said Mariage so to be had and solemnized between the said I. S. and the said I. D. as aforesaid as also for the better establishing and settling of the lands and tenements c. And so use the like form in the precedent form in this Book and mention the parcels with the bounds and butts c. with the like Covenants as before And it is by these presents fully covenanted granted and agreed upon by and between the parties of these presents and every of them their Heirs and Assigner Covenant that all assurances shall be to these use and every of them that all and singular Fines Recoveries Feoffments alienations and all other conveyances and assurances whatsoever of the said premises with th' appurtenances and of every part and parcel thereof now made or at any time hereafter before the Feasts of c. next and immediatly ensuing the date of these presents to be made shall be and inure and are by these presents appointed limited and declaed to be and inure to the uses intents and purposes before by these presents limited and appointed and to none other use or uses intents or purposes whatsoever In witness whereof c. A Grant from her Majesty of the Wardships of the bodies of Coheirs THIS INDENTURE made between c. of the one part and T. R. of c. on the other part Witnesseth That c. with the advice of the Master and Councel is contented and pleased to grant and by these presents doth commit and grant unto the said T. R. the custody wardship and marriage of F. G. E. G. G. G. Daughters next Coheirs of G. G. Gent. deceased without disparagement Together with one annuity or yearly rent of c. to every of the said Coheirs to be limitted and appointed by the said Master and Councel out of certain Messuages c. in the County of K. being in the hands and possessions of c. by the minority of F. G. E. G. G. G. to be paid yearly to the said T. R. or his Assigns by the Feodary of the said County or by his lawfull Deputy for the time being for and towards the education and exhibition of the said Coheirs And whereas also there doth not appear at this time that every parcel of the inheritance of the said Coheirs upon the death of their said Father is come into the hands and possessions of c. nor certainty in every parcel of the inheritance of the said Coheirs what ought to be in his hands and possession because of such Dowers Feoffments and Wills as are declared in the same Therefore for that c. should not be deceived in that behalf but that he should have perfect knowledge and understanding of all such Mannor Lands tenements and hereditaments which be now descended or immediatly after the decease of any person or persons or after years finished or ended or any other last will performed or by any other ways or means shall descend revert remain or come to the Heirs in possession or reversion with the very best and uttermost true value of them and every of them by the year The said T. R. hath delivered a writing hereunto annexed in the which are contained and specified all such Mannors Messuages Lands and Tenements which be descended or shall hereaster come and descend unto the said Coheirs in possession or Reversion with the very best and uttermost true value of them and every of them by the year And the said T. R. Covenanteth and granteth for him his Excecutors and Assigns by these presents that one Auditor or Auditors or any other person or persons appointed or authorized by the said Master and Councel for the time being at the costs and charges of the said T. R. or his Assigns shall search view and value the truth of the same upon which search view and value if it can be proved that the said Manors c. or any of them which shall or ought to descend revert remain and come to the said Coheirs in possession or reversion as is aforesaid be omitted and left out in the same writing indented or else be found of more large and better yearly value than in the same yearly value is limited Then the said T. R. his Executors Administrators and Assigns shall content and pay unto c. or to his Heirs or Successors as much money as the overplus of the yearly value of the said Manors lands and other the premises so undervalued shall amount unto above the yearly value limitted in the
heirs and assigns and against the said P. A. and M. his Wife their heirs and assigns and against all person and persons claiming in by from or under them or any of them will warrant and defend for ever by these presents A clause that the premises are acquitted from all incumbrances And further that the said P. A. his Heirs and assigns and M. now his Wife and every other person and persons whatsoever any estate right title interest or thing lawfully claiming having or lawfully claiming to have in the said premises or any part and parcel thereof by from or under the said B. his heirs or assigns shall and will from time to time and at all times hereafter The usual Covenant to make further assurance during the space of c. next ensuing the date of these presents upon reasonable request and at the costs and charges in the law c. make better and further assurance c. Be it by Fine Feoffment c. So as the said assurance or assurances contain no further warranty or Covenant of Warranty than against the said P. and M. his Wife and so that he be not compelled further to travel than the said Cities of London or Westminster for the doing thereof In witnesse whereof c. An Assignment from the Committee of c. of the body and lands of a Ward THIS Indenture c. Between I.T. of c. of the one part and I. A. of c. of the other part Witnesseth That whereas c. by the advice of the Master and Councel of the Court of Wards and Liveries by his Indenture under the seal of the said Court of Wards and Liveries bearing date c. was contented and pleased to grant and by the same Indenture did demise grant and to farm let unto the said I. T. parcel of the lands and possessions late of W. N. Yeoman deceased lying and being c thereafter in the said Indenture particularly set forth and declared with their particular Rents by the year that is to say one messuage or tenement c. and certain lands tenements hereditaments thereunto belonging with the appurtenances lying in A. in the said County then in the tenure of G. or of his Assigns by the year c. reciting the particulars c. All which premises amount in the whole to the yearly value of c. and which were in the hands possession of c. by the Minority of M.N. his c. Ward Daughter and next heir of W. N. deceased Except and always reserved out of the said grant reciting the exception rising and growing in and upon the said messuages lands and other the premises with the appurtenances or any part thereof To have c. the said messuages c. with the appurtenances except before excepted to the said I. T. his executors and assigns from the c. which was in the year of our Lord c. in which the said W. N. died during the minority of the said heir yeelding and paying therefore yearly during the said time to the Feodary of the said County of K. or to his lawfull Deputy for the time being to his c. use the sum of c. At the Feasts c. by even and equal portions over and above c. yearly allowed to the Auditors Clerk for ingrossing the Accompts for the premises with divers other Covenants grants and agreements in the said Indenture contained as in and by the same more plainly and at large doth and may appear And whereas also the said c. with the advice of the Master and Councel of the Court of Wards and Liveries by his Indenture under the Seal of the Court of Wards and Liveries bearing date c. was contented and pleased to grant by the said Indenture did commit and grant unto the said I. T. the custody wardship and marriage of the said M.N. his c. said Ward as Daughter and next heir of the said W. N. deceased without disparagement with divers Covenants clauses grants and agreements in the said Indenture specified and conteined as in and by the same more plainly and at large doth and may appear Now this Indenture Witnesseth that he the said I. T. for and in consideration of a competent sum of money unto him the said I. T. by the said I. K. in hand paid Covenant by the Assignee to pay al rents due to the King for the premises to save the Assignor harmlesse from forfeitures of oblig made to the King for payment of mony or performance of Covenants hath bargained sold given granted assigned and set over and doth by these presents c. unto the said I. A. his executors administrators and assigns as well all and singular the estate right title interest possession and term which the said I. T. hath or of right ought to have of in or to all or any the said messuages c. and other the said premises and of in or to all profits commodities and emoluments to the same belonging or appertaining As also all his estate right title and interest of in and to the custody wardship and marriage of the said M.N. together with all and singular the right title interest benefit profit and commodity which the said I.T. his exec or assigns hath by virtue of the said recited Indenture of the agreement from c. and all other escripts and writings whatsoever concerning the said premises Covenant by the Assignor that the premises during the minority of the Ward are cleer from all former bargains c. or any part or parcel thereof now in his custody or of any other person or persons by his delivery To have and to hold unto him said I.A. his executors administrators and assigns and during the minority of the said M. N. and for and during all such time and term and in so large and ample manner and form to all intents constructions and purposes as he the said I.T. hath may should or of right ought to have hold or enjoy the same by force and means of the said recited Indenture writing Covenant of quiet enjoyment without expulsion c. and conveyance or by either of them or by any other way or means whatsoever and he the said I.A. his heirs c. do Covenant to pay all rents by the said recited Indenture payable unto c. for the said recited premises and every part and parcel thereof Covenant that the Assignee shall receive the profits and enjoy the wardship c. as the Assignor might And that the Assignor hath not nor will not do any act whereby the Assignee shall be ba●red to receive any benefit c. and to save harmless the assignor from all forfeitures of any obligation unto c. for the payment of any sum of mony for the custody of the said M. or for the performance of any covenants c. mentioned in the said recited Indenture c. And the Assignor doth covenant
following that is to say that if the said I.G. and I. his wife shall and will on this side and before the feast of c. next ensuing the date of these presents before the Justices of the Court of Common Pleast at Westminster knowledge the Fine Sur cognizance de drt. comeceque il ad de lour done unto the said I.D. and his heirs with Proclamation according unto the form of the Statute in such case had and provided in due form of Law to be levied of all that the c. reciting the particulars and with the same words as in former Presidents for the like cases are mentioned In Witnesse whereof c. An acknowledgement of the receipt of certain moneys due upon the sale of certain lands and a release of the same and of all security taken therefore and a release of all Covenants in certain Indentures with a general release TO all persons c. Know ye that I the said A. have had and received the day of the date thereof of T. D. of c. the sum of c. in full discharge and satisfaction of all such sum sums of money as the said T.D. was to pay unto the said A. for the Manor or Capital messuage of W. in the said County of ● and the lands tenements hereditaments which the said T.D. lately had and purchased of me the said A. as by the assurance thereof made more at large appeareth And I the said A. do by these presents for me my heirs executors administrators and assigns remise release and quit claim unto the said T.D. his beirs executors and assigns the said debt of c. and every part and parcel thereof and all and singular Covenants Recognizances duties and deeds and all other security and assurances whatsoever by him the said T.D. unto me the said A. for the payment of the said sum of c. or for the payment of any part or parcel therof heretofore made acknowledged or given And I the said A. do further for me my heirs Release of Covenants in certain Indent executors administrators and assigns by these presents remise release and quite claim unto him the said T.D. his heirs executors administrators and assigns all and singular Covenants Grants Articles and Agreements on the part and behalf of him the said T.D. his heirs and assigns unto me the said A. mine heirs executors or assigns covenanted granted concluded or agreed upon Release of R●●ogn specified and contained in certain Indentures made between the said T.D. on the one part me the said A. on the other part bearing date c. And also all Becogn of the sums of c. entred into by the said T.D. unto me the said A. and bearing date the c. And all and singular actions judgements executions sutes quarrels debates debts duties and demands whatsoever which I the said A. mine heirs executors and administrators have shall may or ought to have or am or shall be A ge●eral Release in any sort intituled unto in upon or by reason of the said Recogn or of any covenant grant clause article or agreement in the said recited Indenture specified or contained And further also know ye that I the said A. have for the consideration aforesaid remised released and quite claimed and do by these presents for me my heirs execut administ and assig remise release and quite claim unto the said T.D. his heirs exec administrators and assigns all and all manner of actions entries covenants grants agreements Recogn Judgements executions sutes quarrels controversies debates debts duties and demands whatsoever which I the said A. my heirs executors administrators and assigns have may shall or ought to have or am or shall be intituled unto for any cause or matter whatsoever from the beginning of the world until the day of the date of these presents In witnesse whereof c. A Condition that the Obligor was lawfully seised of the premises at the time of granting of the Annuity with other usual clauses conteined in such Grants THe Condition c. That whereas the within named T. P. and I.P. by their Deed Indented beating date with these presents have given granted and by the same their Deed confirmed unto the within named E.H. his heirs and assigns a certain Annuity or yearly rent of c. yearly issuing and going out of the Manor of c. with th'appurtenaces and out of all the lands tenements and hereditaments belonging or appertaining or with the same now or at any time heretofore held occupied or enjoyed sit c. And out of all other Messuages c. whatsoever with their appurtenances of them the said T.P. and I.P. or either of them in R. aforesaid in the said County of K. under a certain condition in the said Deed cont●ined as in and by the said Deed more at large it doth and may appear The usual clause that the grantor is seised of a lawful indefeasible estate in fee in his own right of the premises out of which c. If therefore the said T.P. and I. P. or either of them were at the time of th' ensealing delivery of the said Deed solely lawfully and rightfully seized in his or their demesn as of Fee-simple of a good sure lawfull rightfull absolute and indefeasible estate and of and in all and singular the said Manor c. with th' appurtenances and of and in all other the Lands tenements and hereditaments and all other the premises with th' appurtenances out of which the said Annuity or yearly Rent is mentioned to be issuing And that the said T.P. and I. P. or either of them And that he had lawfull power to charge the same at the time of th' ensealing and delivery of the said Deed had good right lawfull power and authority in his or their own right to charge the said Manor c. and all other the premises with th' appurtenances out of which the said Annuinuity or yearly rent according to the purport of the said Deed is mentioned to be issuing And also if the said Manor c. and all other the premises with the appurtenances and every part and parcel thereof out of which the said annuity or annual rent is mentioned to be issuing Clause that after any default in paymēt the lands shall be over liable sufficient to the distresse c. That the land is shall so continue of the cleer yearly value of c over above all charges reprizes And that the grantee shall peaceably enjoy the rent The usual clause that the premises are acquitted c. or else shal be sufficiently saved harmlesse from all former bargains sales c. shall from time to time and at all times from and any default in payment to be made of the said annuity or yearly rent or of any part thereof at any of the time and times limitted for the payment thereof be overt liable and sufficient to the
c. that the same Sir I M. is very true owner in fee simple of in the premises hath ful power and authority to bargaine and sell the same unto c. inform aforesaid And also the said Sir I M. Knight Covenant that the lands are of such a value covenanteth and granteth for him and his heires to and with the said c. by these presents That the same Prebend Lorship Mannor lands tenements and other the premises now be of the yearly value of thirty three pounds or thereabouts c. A Lease of a Prebend THis Indenture made c. between I S Esquire of c. in the County of Sussex on the one part and F E. Esquire on the other part Witnesseth that the said I S. hath demised granted and to form set and let and by these presents demiseth granteth and to farme setteth and letteth unto the said F E his heires executors and assignes all that his prebend or s●ite of Colivorth aforesaid with all rents services lands leases and pastures to the said prebend s●ite or farm belonging or appertaining and all fines herriots wards marriages reliefes mu●tures estates and tythes perquisites of Courts amer●iaments escheates Courts Court-Barons emoluments waters pischiaries fishings and all other Royalties commodities profits advantages liberties freedomes and easements whatsoever they be now or at any time hereafter to the said prebend s●ite or Farm of C. aforesaid belonging or in any wise appertaining To have and to hold the said Prebend scite or farm of C. aforesaid with all and singular their appurtenances thereunto belonging as is afore particularly and severally rehearsed and declared to the said F E. his heires executors assigns from the Feast of the Anun●iation of our Lady next comming after the date hereof to the end term of fourscore years from thence next and immediately following fully to be compleat and ended yielding and paying therefore yearely unto the said I S. and to his successors during the term aforesaid 18 l. of lawfull money of England at two times in the yeare● that is to say at the Feast of the anunciation of our Lad and St Michaell the Ar●hangell by even portions And if it fortune the said yearly rent of 18 l. or any part or parcell thereof Covenant that it shal be lawfull for lesser to enter into the premises and distraine for the rent behind and the distresse to deteine till he be satisfied of the rent to be behind and unpaid to the said I S. or his successors at any time or times during the term aforesaid by the space of 40 days next after either of the said Feasts of paiment at which it ought to be paid the same being lawfully asked required and demanded that then it shall be lawfull for the said I S. and his successors during the terme aforesaid into the said prebend scite or farm of C. aforesaid and into every part and member of the same to enter and distraine and the distresse so there taken by the said I S. or his successors during the teme aforesaid to lead carry and drive away and then to withhold untill the said yearly rent of 18 l. with the arrearages of the same so behind if any be be to the said I S. and his successors during the terme aforesaid fully satisfied Proviso that the Lessor shal keep the premises necessarily repaired at his own cost during the terme contented and payd Provided alwaies that the said I S. and his successors during the term aforesaid shall sustein uphold maintain and keep the said Prebend s●ire or farm and all other edifices and buildings thereunto belonging in all manner of necessary reparations upon his or their own cost and charges so oft as it be needfull during the term aforesaid In witnesse whereof c. This Lease is confirmed both by c. and his c. A Condition of an Obligation to make a Release THe Condition of this Obligation is such that whereas the above bounden L P. and F. his wife have by their Indenture of covenant bearing date with these presents together with E O. widdow and G C. Yeoman and E his wife A O. S O. and M O. covenanted and agreed to levy and acknowledge unto the above named A W. and his heires or to such person or persons as the said A W. his executors or assigns shall nominate or appoint one fine in due form of law of and concerning one capitall messuage c. with their appurtenances conteining by estimation c. lying c. and now in the possession of the said E O. or her assigns unto the only use and behoofe of the said A W. his heires and assigns and of 7 other messuages c. with the appurtenances lying c. to the use and behoofe of the said E O. and her assigns for and during her naturall life and after her decease then to the only use and behoof of the said A W. his heirs and assignes with this proviso or upon condition therein conteined that he pay certaine sums of money as by the said Indenture more at large appeareth If therefore the said A W. his heirs and assignes shall and may for ever hereafter quietly and peaceably have hold occupy possesse and enjoy the said capitall messuage c. with their appurtenances now in the possession of the said E O. or her assignes of and from all charges troubles and incumbrances whatsoever had made or done by the said L P. and F. his wife and the survivor of them and the heirs and assignes of them shall at such times as the said A W. his heirs or assignes shall pay unto them or any of them the sum of mony to them limited to be paid by and according to the tenor and effect of the proviso in the said Indenture conteined seale and deliver one sufficient release or discharge in writing testifying the receipt of the said monies the said release of discharge being then made and tendred unto them by the said AW his heires or assignes and if that ever after the paiment of the said mony to the said L P. and F. his wife and either of them And also if he the said L P. and F. his wife or either of them their executors or assignes according to the purport and effect of the said proviso he the said A W. his heires and assignes shall and may quietly and peaceably have hold occupy possesse and enjoy the said other seven messuages c. with their appurtenances discharged of and rom all charges troubles and incumbrances whatsoever had made or done by the said L P. and F. his wife or the survivor of them or the heirs or assigns of either of them That then c. Or else c. An Indenture of Covenants upon Marriage with extraordinary Covenants therein contained THis Indenture made c. between W M. of c. and E M. of c. of the one part and E M. of c
other conveyance to any Person or devise for such time as they might have taken of the profits such sums of mony not exceeding 500 l. yearly to be taken as shall suffice without fraud c to pay such just debts or payments as he shall owe not exceeding 500 l. yearly And further also that it shall and may in like manner be lawful to and for the said T. H. the Father Party to these pressents by his Deed or Deeds in writing in his life time or otherwise by his last Will and Testament in writing to give will devise limit appoint or lease the said Capital Messuage c. and every or any part thereof to begin from and after the decease of the said T. H. Party to these presents and any part or parcel of the residue of the said Manours c. whereof the said Fine or Fines or either of them is before in and by these presents Covenanted or mentioned as aforesaid to be levied as aforesaid or any part or parcel of the premises chargeable as aforesaid other then the said Manour of H. c. as in the last Covenant to any Person or Persons whatsoever and to his or their Heires or otherwise for and during such term or time and untill such time onely as such Person or Persons to whom any such gift devise limitation appointment or Lease shall be made as aforesaid their Executors Administrators or Assignes shall or may or otherwise might have levied raised had perceived or taken of the rents issues revenues and profits thereof such sum and sums of money not exceeding the sum of 500 l. yearly to be taken as shall and may suffice without any fraud covin or collusion to satisfie and pay all such just and lawful debts and sums of money as the said T. H. the Father the day of his decease shall without fraud or covin owe or otherwise be indebted unto any Person or Persons whatsoever not exceeding the sum of 500 l. as aforesaid And likewise also Power to give by Will or Deed or to Lease the lands of which the Fine is to be levied except c. not exceeding the ancient rent and value yearly of 50 l. for the raising of such sums for Daughters portions that it shall and may be lawful to and for the said T. H. the Father in like manner by his last Will and Testament or otherwise by his Deed or Deeds in writing in his life-time to give will devise limit appoint or Lease the said Manors Lands Tenements c. and other the premises whereof the said Fine and Fines or either of them is before in and by these presents covenanted or mentioned to be levied as aforesaid or any part or parcel of the said premises chargeable as aforesaid other then the Domain Lands of H. c. appointed and limited to be charged to and for the payment of the said yearly rent of 200 l. to the said K. not exceeding the ancient yearly rent and value of 50 l. for the levying of the sums hereafter mentioned yearly to be taken thereof to any Person or Persons whatsoever and his or their Heires or otherwise so long and for and during such term and time and untill such time onely as the said Person and Persons to whom any such gift devise limitation appointment or Lease shall be made as aforesaid their or any of their Heires or Assigns shall or may or otherwise might have levied raised had perceived or taken of the rents issues revenues and profits thereof such sum and sums of money as shall and may extend amount unto and suffice without fraud covin or collusion to content satisfie and pay as well unto Ka. H. Daughter of the said T. H. the Father the sum of 1000 l. of current English money or so much thereof as the said T. H. by his writing sealed and delivered in his life-time or by his last Will and Testament in writing shall limit assign or appoint to for or in consideration of the marriage of the said the K. H. As also unto M. H. one other of the Daughters of the said T. H. the sum of 1000 l. of current English money c. And likewise also such other sum and sums of money as shall and may suffice over and above the payments of the said several summes of 2000 l. aforesaid to be paid to the said K. and M. as aforesaid to content satisfie and pay unto every other Daughter and Daughters of the said T. H. the Father of his body lawfully begotten or to be begotten which at the time of the death of the said T. H. the Father shall be in full life and not preferred in marriage the full whole and just sum of 500 l. apiece of good and lawful money of England any thing before mentioned to the contrary thereof in any wise notwithstanding † Covenant that such part of the Land as is liable to the payment of c. shall be chargeable to the distresses of c. And the said T. H. doth covenant and grant for him his Heires Executors Administrators and Assignes to and with the said Sir G.G. Knight his Heirs Executors Admistrators and Assigns by these presents That the said Manours Messuages Lands Tenements Hereditaments and premises of or out of which the said sum of 200 l. is before assigned limited or appointed to be had levied or taken by the said K.G. as aforesaid or so much thereof as shall or may be sufficient to bear answer and pay yearly the said summe of 200 l. shall be and continue liable and chargeable to and for the Distresse and Distresses of the said K. during her life according to the true intent of these presents And that the said Lands out of which are not nor shall not be incumbred But tha notwithstanding such incumbrances the Land shall be of sufficent value besides the charges to answer the same And that he the said T.H. heretofore hath not charged or incumbred the same Lands Tenements and Hereditaments before mentioned to be charged with the said Rent or sum of 200 l. nor hereafter shall charge or incumber the same But that notwithstanding any such charge or incumbrance the same shall or may continue and after the deceases of the said T.H. and R. H. for and during the life of the said K. sufficient and of sufficient value over and besides all charges to bear pay and answer yearly to the said K. during her life the said summe of 200 l. and the arrearages thereof and the said summe of c. appointed for a penalty as aforesaid and the arrearages thereof if any shall happen Provided likewise and it is further Covenanted granted concluded and fully agreed by and between the said Parties to these presents And neverthelesse the said T.H. the Father for himself his Heires Executors Administrators and Assigns doth covenant and grant to and with the said Sir G.G. Knight his Executors Administrators and Assigns and to and with every
of them by these presents That the said Fine and Fines to be levied of the said Manors c. with the appurtenances or any part thereof shall be And that the said Sir R. M. Knight and W. H. and their Heires shall stand and be seized of and in the moyety or one half of all the Messuages Lands Tenements and Hereditaments of the said T.H. in the Parish of A. c. being of the yearly value of 120 l. over and above all yearly charges and reprises and for such use and uses to and for such intent and purpose That if the said R. after the said marriage had and solemnized between him and the said K. shall fortune to die during the life of the said T.H. the Father and then to have Issue one or moe Daughters of his body lawfully begotten upon the body of the said K. then being in full life and not before that time preferred in Marriage and then also that if after the death of the said T. H. the Father the Heirs males of the body of the said R. H. and every such other Person and Persons to whom the next and immediate possession or remainder of the said premises shall next and immediately from time to time appertain and belong or some of them shall not nor do not well and truly content satisfie and pay unto such Daughter and Daughters of the said R. H. so to be living and unpreferred as aforesaid and unto every of them the whole and just sum of 400 l. apiece of good and lawful money of England for and towards their preferment in marriage as aforesaid after the rate of 60 l. yearly at the Feasts of c. by even and equal portions at or in c. That then from and after such default of payment thereof had and made in manner and form aforesaid they the said Sir R. M. Knight and W.H. and their Heirs as also all other Persons that shall be seized of the said last recited premises shall stand and be seized of the said last recited premises with the appurtenances and of every part a parcel thereof untill such time as the said Sir R. M. Knight and W. H. and their Heirs shall or may have received levied raised had or taken of the Rents Issues Revenues and profits thereof to the use of such Daughter or Daughters so not preferred in marriage as aforesaid such sum and sums of money as shall and may suffice and amount to pay unto such said Daughter and Daughters of the said R. H. and unto every of them the said sum and sums of 400 l. apiece for and towards their preferment in marriage and otherwise as aforesaid And after the levying of the said several sum and sums of mony before in these presents mentioned to be levied of the Rents Revenues or profits of any parts of the premises in manner and form aforesaid Then to such uses intents and purposes and to the use of such Person and Persons and for such title estate ad estates and under such Provisoes and Conditions as in these presents are of the said premises expressed limited mentioned and declared Any thing before in these presents mentioned to the contrary thereof notwithstanding Covenant that the Fines to be levied and that the Parties to whom shall stand seized of all such Lands c. chargeable with any rent sum of money or payment or which shall be bequeathed granted leased c. to the use of such Persons c. to the intent that they may have take receive enjoy and distrain for the same according to the limitation and appointment c. And it is further covenanted granted concluded and agreed by and between the said Parties to these presents That the said Fine and Fines so to be levied and had as aforesaid shall be and that the said Sir R.M. Knight and W.H. and their Heires and the Survivor of them and his Heirs shall stand and be seized of all such Lands Tenements and Hereditaments parcel of the said premises which are in these presents limited or appointed to be charged with any rent sum of money or payment to any person or persons or which shall be hereafter bequeathed granted Leased demised or charged with any rent or payment bargained sold granted assigned or conveyed to any person or persons according to the true intent and meaning of these presents and according to the power Liberty or authority left permitted or allowed in these presents as well to the use of such Person or Persons to whom any parcell of the said premises in these presents hereafter shall be so limited appointed devised bequeathed demised leased bargained granted assigned or conveyed of such estate and for such term and time as is in these presents mentioned limited appointed or intended As also to the use and intent that every Person and Persons to whom any rent Sum of money receipt or payment before in these presents is assigned limited or appointed or to whom any Rent Sum of Money or payment shall be hereafter assigned limited or appointed according to the true intent and meaning of these presents and acording to the power liberty and authority left permitted or allowed in an by these presents shall and may have receive levy and take the same and Distrain for such Rent sum and sums of money behind and not paid according to the true intent and meaning of these presents for which any Distresse is assigned limited or appointed or intended in these presents to be taken for and during such term and time and in such sort manner and form as is mentioned limited or appointed by these presents or shall be hereafter limited assigned or appointed according to the Agreements Liberties and allowances before mentioned And to the intent also that the rents boons customs and Services to be reserved upon any Lease hereafter to be made by the said T.H. party to these presents according to the agreement Liberty or authority limited permitted or allowed to the said T.H. and of the Reversion and Reversions remainder and remainders of the Lands so to be Letten to the use of such Person and Persons to whom such Land and Tenements so Letten should or shall appertain or belong by the true intent of these presents and of such Estate and Estates as before are mentioned or intended in these presents and to the intent that such Person and Persons may Distrain for the said Rent and Services and the arrearages thereof if any be And the said T. H. Party to these presents for himself The usual Covenant that the Manours c. shall continue to the uses discharged or else saved harmlesse from all incumbrances his Heires Executors Administrators and Assigns doth covenant grant conclude and fully agree to and with the said Sir G. G. Knight his Executors Administrators and Assigns and to and with every of them by these presents That the said Manors Messuages Lands Tenements Hereditaments and all other the premises with all and
Bond or other Specialty in the which the said M. W. solely or joyntly with the other stands bound unto me the said R.G. and all other controversies and debates whatsoever which I the said R. G. my Executors Administrators and Assigns have may might or shall have for any cause or matter whatsoever from the beginning of the word untill the present day of the date of these presents In witnesse whereof I the said R. G. my hand and seal hereunto have put Dated the fourteenth day of Ianuary c. ¶ An Indenture of Covenants to stand seised to uses in consideration of natural affection c. THis INDENTURE made c. Between T. B. of S. in the County of K. Yeoman of th' one part and I. B. of S. aforesaid Yeoman one of the Sons of the said T. B. on the other part Witnesseth That whereas the said T. B. is lawfully seized in his demean as of Fee of and in one principal Mansion or messuage with the appurtenances commonly called known by the name of little A. or by whatsoever other name or names the same is or at any time heretofore hath been called or known by together with all and singular Buildings Barnes Stables Outhouses Lodges Orchards Yards Gardens and all other profits commodities and easements to the said mansion or messuage belonging or appertaining and also of and in 19 peeces or parcels of Land Meadow Pasture and Wood-ground with th' appurtenances containing in the whole by estimation 60 acres of Land Meadow Pasture and Wood-ground with th' appurtenances whether more or lesse situate lying and being in the said Parish of S. in said County of K. upon the Demeans of A. and L. and which now are or late were in the several tenures and occupations of the T. H. and N. W. their or either of their Assignee or Assignees and the said premises do bound and abutt in manner and form following that is to say to the Queens high-street leading between N. and S. towards the North to the lands which were sometimes one I. P. and now of R. L. Gentleman and to certain other Lands of the said T. B. towards the West towards the Lands of T.S. South and to other lands of the said T. B. towards the East South and North as the metes and bounds thereof do divide mete and shew Now the said T.B. for and in consideration of the natural love and affection which he the said T. B. hath and beareth unto his said Son I. B. and for the advancement and maintenance of him the said I. B. and preferment to his Heirs and also for the establishment and setling of the said Messuage Lands and Tenements and other Hereditaments in these presents before specified and contained according to the true intent and meaning of him the said T.B. and for divers other effectual and motive considerations him the said T. B. the Father towards his said Son especially moving and inciting doth for him his Heirs and Assigns and every of them covenant grant conclude and agree to and with the said I.B. his Heirs and Assigns that he the said T.B. his Heirs and Assigns and every other the person or persons which now or at any time hereafter shall be seized of and in the said Mansion or Messuage with the appurtenances and of and in all and singular Lands Tenements Meadows Pastures Wood-grounds and all and every other the premises before mentioned with all and every their appurtenances and of and in every part and parcel therof of in the reversion and reversions remainder and remainders thereof and every part and parcel thereof shall stand and be seized to the uses intents and purposes hereafter limited and appointed and to no other use intent and purpose whatsoever that is to say to the use and behoof of him the said T. B. during the term of his natural life and after the decease of him the said T. B. to the use and behoof of the said I. B. his Heirs and Assigns for ever Covenant that all conveyances made or to be made shall be to the uses in these Indentures expressed and to no other use or intent And it is fully covenanted granted concluded and agreed upon by and between the said parties to these presents and every of them and the said T. B. doth for him his Heirs Executors and Assigns covenant grant and agree to and with the said I. B. that all and singular Fines Recoveries Feoffments Alienations Conveyances and all other Conveyances and Assurances whatsoever of the said premises with the appurtenances and every part and parcel thereof now and at all times hereafter to be made shall be and inure and are by these presents appointed limited declared to be and inure to such use and uses as are by these presents before limited appointed and declared and to no other use or uses intent or intents whatsoever In witness whereof the parties above-named to these present Indentures their hands and Seals interchangably have put the day and year first above-written Anno. Dom. c. ¶ An Obligation conditioned for the release of an Annuity Neverint universi per praesentes nos c. THe Condition of the within written Obligation is such That whereas the within bounden I. H. and W. A. have by their release bearing date with these presents remised and released unto the within named R. S. a certain Annuity or yearly rent of Thirteen shillings and fourpence yearly issuing or going out of two pieces or parcels of land of the said R. S. conteining by estimation 4 acres situate lying and being in R. aforesaid as by the said Deed more at large appeareth If therefore the said R. S. his Heirs and Assigns shall or may from time to time and at all times hereafter have hold and enjoy the said two pieces and parcels of land ou● of which the said Annuity or yearly rent of Thirteen shillings and four pence is issuing as aforesaid acquitted and discharged of the said Annuity or yearly rent without and lawfull let interruption expulsion or eviction of them the said I. H. and of M. now his Wife and of the said W.A. and of A. now his Wife and without any lawfull let interruption expulsion or eviction of the Heirs or Assigns of them the said M. and A. and of all other person or persons claiming in by from or under them the said I.H. and M. his Wife and by the said W. A. and A. his Wife or in or by from or under any of them and the Heirs or Assigns of them or any of them That then this present Obligation to be void frustrate and of none effect Or else to stand be and remain in his full force power strength and vertue ¶ An Indenture of sale of Woods with a proviso of Redemption THis INDENTURE made c. Between I. W. of B. in the County of K. Yeoman of th' one part and P. F. of B. in the said County of K. of th' other part
mending or new making of any houses or buildings upon the premises Covenant that the Lessor c. shall enjoy the liberties and other things excepted without interruption or any part thereof And the said G. G. for him his Heirs c. doth by these presents covenant and grant to with the said R. C. his Heirs c. in manner form following that is to say the he the said R. C. his Heirs or Assigns shall or may from time to time and at all times during the said term have use and enjoy all and singular such liberties and other things as are to them or either of them before in or by these presents mentioned to be * Note that there was an exception in the beginning which I left out excepted or reserved without any expulsion or disturbance of the said G.G. his Executors c. or any of them and that he the said G.G. his Executors c. shall or will from time to time at all times hereafter during the said term not only well and sufficiently repair maintain sustain and keep And that the Lessee shall not only well sufficiently repair c. the hedges ditches c. and so shall the at the end of the term leave up But also shall ridd scowr such a ditch or River and so shall leave it up at the end of the term all and singular the houses barns and buildings now builded or set or which at any time during the said term shall be builded or set upon the said demised premises or any part thereof And the hedges ditches fences and inclosures in upon and about the demised premises or any part thereof in and by all manner of necessary reparations and amendments and the said houses barns and buildings in and by all things well and sufficiently repaired and amended and the said hedges ditches fences inclosures well and sufficiently made and maintained in the end of the said term yield and leave up but also shall and will from time to time and all times during the said term when and as often as need shall require well and sufficiently ridd scowr and clense c. the said lands called the T. unto the said Mill called the C. Mill and such part of the said River or Stream as aforesaid well and suffiently ridded scowed and clensed shall during all the said term keep and maintain so sufficiently ridded scowred in the end of the said term shall yield leave up And further that the Lessee And further That he the said G. G. his Executors Administrators or Assigns nor any of them shall not any time hereafter during the said term shal not assign the premises to any person other thā such person as shall be able to pay the Rent and maintain the premises according to the Covenant c. without license of the Lessor without licence of the said R. G. his Heirs or Assigns first had and obtained in writing demise grant let set or assign the said Messuage c. or any part thereof or all or any part of the said Lands and other the premises by these presents demised to any person or persons other than such person or persons as shall be sufficient and well able to pay and yield during the said term the said yearly Rent reserved and maintain and keep the houses c. according to the Covenant before in these presents expressed In Witnesse c. ¶ An assignment of the moity of the Lands which the Lessee hath with divers special Covenants THis INDENTVRE made c. Between R. S. c. of th' one part and I. T. c. of th' other part Winesseth That whereas the Right Honourable H. N. Knight Lord Abur did by Indent tripartite bearing date c. demise and to farm let the Manor and Farm of B. with th' appurtenances in the County aforesaid unto R. S. of c. and E. C. of c. and to their Assigns for and during the lives of G. G. I. S. I. C. and the longest liver of them reserving the old and accustomed Rent by vertue of which said Demise Lease the said Lessees R. S. and E. C. did stand and lawfully were seized of and in the premises to them and their Assigns for and during the lives of the said c. and the longest liver of them And where sithence the said R. S. and E. C. being so seized for good considerations them thereunto moving Did by Indenture tripartite Dated c. demise grant to farm let unto the said R. S. all that the c. demise grant to farm let unto the said R. S. all that the aforesaid Farm and Manor of B. with th' appurtenances and all those Messuages c. with th' appurtenances situate and being in B. aforesaid or elsewhere in the County aforesaid which they the said R. S. E. C. or either of them then had or might claim by vertue of the demise aforesaid The Pigeon house c. being parcel of the said Manor always reserved unto the said R. S. and E. C their Executors and Assigns during the said term Exception of a Pigeó house and ingress egress regress to the same as also into and from the Manor-house for tendring paying the Rent ●eserved by the first Lessor with liberty also to the said R. S. E. C. to their assigns to have free ingresse egresse and regresse from time to time and at all times as well into and from the said Pigeon house as also into and from the Manor-house of B. aforesaid for the tendring and paying there every half year yearly at the Feasts c. the Rent reserved by the aforesaid Lord upon the said Lease by him made unto the said R. S. and E. C. alwayes excepted and foreprized the said Mansion and other the premises with th' appurtenances ●except before excepted to be had and holden unto the said R. S. his Executors Administrators and Assigns from the Feast of c. last past before the Date of the said last recited Indenture for and during the term of c. from thence next ensuing to be fully compleat and ended Yielding c. therefore yearly during the said term unto the said R. S. E. C. and their Assigns the sum of c. that is to say at the Feasts of c. with clause of Re●entry for non-payment of the said Rent in the said last recited Indenture mentioned to be reserved And whereas the said R. S. hath in and by the said recited Indenture made divers and sundry Covenans Grants and Agreements to and with the said R. S. and E. C. their Executors and Assigns as by the said last recited Indenture more at large it doth may appear Now these presents witnesseth That the said R. S. for divers good causes and considerations him thereuto especially moving hath demised granted assigned set over unto the said I●● all his
and incumbrances And further Covenant that if there shall not be sufficient wood upon the lands of the Lessors c. to supply the 500 Cords yearly that then the Lessors shall assign so much as is wanting in the hands of others Or else that the Lessees shall retain of their Rents and payment two he said F. and E. doe and either of them doth by these presents for them and either of them and for the Heirs c. of them and either of them covenant and grant to and with the said H. and M. their Executors c. and every of them That if it happen the woods of the said F. and E. or of the Heirs and Assigns of them which do grow upon the Lands or soyl of them the said F. and E. or the Heirs or Assigns of them or any of them within two miles of the said Furnace Fordge or Iron works to be spent so as there shall not be sufficient lest to supply or satisfie the said number of 500 Cords of wood yearly according to the purport effect and true meaning of these presents Or that the said H. and M. their Executors c. or any of them cannot or may not lawfully have take and enjoy the said 500 cords so as by reason of the want or lack of such Woods growing or to be growing upon the lands or soyl of the said F. and E. or either of them or the Heirs or Assignes of them or either of them the said H. and M. or either of them or the Executors or Assignes of them or either of them shall not have delivered assigned and appointed Or may not lawfully have and take the said full sum of 500 Cords of wood yearly during the said term within two miles of the said Furnace Forge or Iron-work aforesaid according unto the purport of these presents That then the said F. E. or one of them or the Heirs of Assigns of them or one of them shall provide get assign appoint and deliver yearly so much wood as shall be wanting or not growing of the said sum of 500 Cords upon the Land ground or soyl of some other person or persons within two miles of the said Furnance c. aforesaid where they the said H. and M. their Executors c. shall and may lawfully have and take fell cut coal and carry away the same or else that it shall and may be lawfully to and for the said H. and M. their Executors c. to abate deduct recoup and retain in their hands every year of their rents and payments aforesaid or of either of them 2 shillings for every Cord of wood that they by occasion of means aforesaid shall yearly want of the said 500 Cords of wood which should or ought to be delivered or assigned out them as aforesaid In Witnesse whereof c. A Lease of a Vicaridge THIS INDENTURE c. Between I. L. c. Clark Vicar of the Church Parochial of T. of the one part and I. C. and C. F. of the other part Witnesseth that the said I. L. for divers c. hath demised c. unto the said I. C C.F. all that the Vicaridge Tithes of T. aforesaid and all manner of Tithes tenths pensions portions fruits profits issues rents payments commodities advantages emoluments and other thing whatsoever to the said Vicaridge belonging or being or reputed to be part parcel member or belonging to the said Vicaridge or any part thereof and all rents and payments reserved and payable to the said I. L. upon any Lease or Grant of any of the said Tithes heretofore made by the said I. L. all that the Vicaridge house An exception of the Vicaridge house barn garden orchard glebe-glebe-lands c. barn garden orchard glebelands chancel offerings oblations duties for solemnization of marriage Churchings of Women for christening of children for burying the dead within the said Parish with the appurtenances unto the said I. L. his Assigns out of this present Demise always excepted and fore-prized to have hold occupie perceive and enjoy the Vicaridge Tithes Pensions and Portions and all other the premises before mentioned to be demised except such things as been before excepted unto the said I. C. C. F. c. and to the survivor or survivors of them And in default of assignation or grantees of the demised premises by them to be made to the Executors and administrators of the survivor and survivors of them from the day of the date of these presents for and during the term of c. from thence c. if the said I. L. shall continue so long to be Vicar there Yeeldirg A special reservation of the Rent c. to the said I. L. and his Assigns so long as he is Vicar there during the said term in manner and form following that is to say that for the Tith and tenths of the corn and grain sown or to be sown in or upon the Meadow ground within the said Parish commonly called the Meadown corn being parcel of the said demised premises c. and for the residue of the demised premises c. except before excepted c. the said two several Rents before reserved to be paid in the Porch of the Parish Church of T. aforesaid In default of payment of the rent a nomine poenae is granted at the Feasts of c. by even portions yearly to be paid And if it shall happen the said several yearly Rents and sums of money before expressed or any part or parcel thereof to be behind and unpaid at the place aforesaid by the space of c. next after any of the said Feasts in which it ought to be paid as is aforesaid that then they the said I. C. C. F. c. shall for every default in payment forfeit and pay to the said I. L. and his Assigns the sum of c more of lawfull c. in the name of a pein And the said I. C. C. F. c. and every of them doe for them Covenant upon enjoyment without lawfull let that the Less●e will not only pay the tent c. But also in respect that the Lessor is a learned man sufficient to preach the Word of God so much yearly during the term and in default of payment so much nomine poenae their Heirs c. severally by these presents Covenant and Grant to and with the said I. L. his Executors c. from time to time during the continuance of the said term if the said I. L. shall so long continue Vicar of Y. aforesaid And that the Lessees the survivor or survivors of them or the Executors Assigns or Grantees of them or of the survivors of them shall or may lawfully have perceive and enjoy all that the said demised premises except before excepted without lawfull let of the said I. L. and his Assigns and of all and every other person and persons any estate interest or thing having or clayming into or
shall be lawfull to and for the said R S. the Father at all and every time and times hereafter and from time to time during his naturall life by writing indented under seal to demise grant let and ●e● in possession and not in reversion so much of the premises cum p●rtin●●t●is c. as are in the tenure c. and all the rest and residue of the said Messuages c. other then the premises before appointed for the Jointure of the said c. So that the same Lease or grant to be made of the premises in the tenure of c. shall not surmount nor exceed the number of c. or th●ee Lives from the making there of And so that also the said Leases or ●●rants to be made of the rest and residue of the premises in the c. from the making of them and so as upon every of the same Lease there shall be reserved so much annuall rent or more as is now unpaid or unanswered for the same and that then the said Estate for and touching the premises so to be devised shall be and the said T J. c. shall stand and be thereof seized to the use and behoofe of all and every such person or persons or his or their Assignes to whom any such Lease or demise shall be so made for and during the term and terms for which the same shall be so demised according to the effect and true meaning of such demises or Leases and from and after the expiration and end of such Leases as the same shall severally end and determine Then to such further use and uses and in such sort manner and form as are before in these presents limited mentioned and declared for and touching the same That it R S. doe declare that the uses aforesaid shall be void then they shall stand seized to his use any thing c. not withstanding Provided also that if the said R S. the Father doth or shall at any time hereafter by writing under his hand and seale revoke determi●●e disanull annihilate or make frustrate or void the uses before declared for and touching the said closes c. and for and touching of the said Lands and Tenements in the tenure c. to be appointed and set out by the said R S. the Father as shall not surmount not exceed the clear yearly value of c. over and above all charge and reprizes and do or shall by the same wiring signifie declare notifie and publish that his Will and determination then shall be that the uses so by him revoked repealed or made frustrate shall have no longer continuance And that then and from then eforth the said estate for and touching onely the said Lands and Tenements for and touching which the said uses shall be revoked repealed determined and made frustrate or so signified declared notified or published to haver olonger continuance and the said T J. c. shall stand and be thereof sei●ed to the use and behoof of the said R S. the Father and his heirs and assigns for ever That it R S. be minded to purchase Lands then it shall be lawfull for him to revoke the uses any things c. notwithstanding Provided also that if the said R S. the Father be disposed at any time hereafter to buy purchase get or obtaine in Fee-simple taile for life lives or years any Lands Tenements Hereditaments cum pertinenti●s within the Lordship of c. and shall or do hereupon by writing under his hand and seale revoke determine disanull annihilate or make frustrate or void the use of so much of the same Lands and Tenements in the tenure c. as the said R S. the Father shall set out or appoint to be sufficient or convenient to be bargained or sold away for the provision of mony for buying purchasing getting or obtaining of the said Lands and Tenements in the tenure c. in Fee-simple Fee-taile for life lives or years aforesaid a●●d do or shall also by the same writing signifie declare notifie and p●●blish that his Will pleasure and determination then shall be that th●euses so by him revoked repealed or made frustrate shall have no lon●●er continuance That then and from thence forth the uses so revoked r●epealed or made frustrate or so notified declared published or sign●●●ed have no longer continuance shall for and tou hing onely su●h of the same Lands and Tenements for or con●erning wich the same use and uses shall be so repealed revoked or made frustrate or so n●●ti●ied declared signified or published to have no longer continuance utterly cease determine and be void and that then and from then●●eforth the said estate for and touching only the said Lands and Tenements c. ut s●pra That R S. shall assure the lands so bought to T J. And the said R S. the Father doth grant Covenant and promise for him his heires c. that he at all times from and after such times as hee shall buy purchase obtaine or get in Fe●e-simple Fee-taile for life lives or yeares any Lands Tenements or Hereditaments cum pertinentiis within the said Lordship of c. as aforesaid shall and will at the reasonable request of the said W F. his heirs c. convey passe grant and assure all the estate right title interest and demand of him the said R S. the Father in and to the same Lands and Tenements unto the said T J. c. to such uses intents behoofes and purposes and with and under such titles conditions and provisoes as are before in and by these presents limited and appointed for and touching the said Lands and Tenements now in the tenure c. as by the said W F. his heires c. or his or their Councell learned shall be reasonably devi●ed advised or required Proviso notwithstanding any repeal the Leases made by R S. shall be in force Provided neverthelesse and it is the ●ull meaning purpose intention conclusion and agreement of the said parties for themselves and their heires that notwithstanding any frustrating repeale revocation alteration or determination That at any time or times hereafter shall be made of any of the uses before mentioned or of any new limitation or appointment that shall be made of any new use or Estate of or in the premises or any part or parcell thereof and notwithstanding any proviso clause or matter mentioned or contained in these presents all and every the Leases and devises to be made by the said R S. the Father according to the true meaning of these presents shall still stand and remaine in full power force and effect to all intents and purposes any proviso or other thing c. notwithstanding And it is further c. that if there shall be more land in quantity contained or comprized in any of the said Fines then the said Messuages c. before mentioned whereof it is agreed that a Fine shall be levied at the said next
Demeasnes thereunto belonging or otherwise used or occupied unto any person or persons in possession and not of nor in reversion for the term of c. or under from the day of the date of such writing indented Yeilding and reserving therefore yearly the annual rent of c. to be yearly paid during the continuance of such Lease And that from and after such grants conveyance assurance demise or setting so as aforesaid made or passed the said estates c. before in these presents mentioned to be made and passed shall be for and touching the said capital Messuage and Tenement called c. and the Lands and Demeasnes thereunto belonging or otherwise used or occupied And the said person and persons c. and his or their Heirs and Assigns shall stand and be thereof seized to the use and behoof of the same woman or women or Leasse or Leasees for and during the said term of c. or under so as the woman or women Leassee or Leassees do and will yearly during the continuance of their estates or term content satisfie and pay the annual rents reserved by or upon the said writings indented according to the effect and true meaning thereof unto him or them to whom the immediate reversion or remainder of the said capital Messuage or Tenement and the Lands and Demeasnes thereunto belonging or therewith occupied or used shall by and according to the true meaning of these presents for the time being belong and appertain and that for and touching the reversion or remainder of the same capitall Messuage or Tenement and the Lands and Demeasnes thereunto belonging or therewith occupied or used expectant upon such estate for life or years the said estates c. shall be And the said person and persons c. and his or their Heirs and Assigns shall stand and be thereof seized to such other uses behoofs and purposes and in such fort manner and form and of and in such form and of in such estate and use of inheritance and of such person and persons as are before in these presents appointed named and declared for or touching the same any thing in these presents contained c. ut supra Provided alwaies and it is granted That it shall be lawfull for him to make annuities c. That is shall and may be lawfull to and for the said E P at any time during his life by writing under seal and by matter of record to grant convey appoint or assure unto the said E P his Son for and during the term of his naturall life and no longer one annuity or rent-charge not exceeding 22l at the most to commence from and after the decease of the said E P and to be issuing and going forth and distrainable in from and out of the said Messuages Lands and Tenements or any part or parcell thereof other then the said Lands and Tenements before appointed for the Joynture of the said M and that but during life onely and no longer as to the said E during his life shall be thought meet and convenient And that from and after such grant appointment conveyance and assurance of such annuity or yearly rent of the said estates c. covenanted by these presents to be made shall be for and touching such of the said Lands and Tenements as shall be so charged And the said person or persons c. and his or their Heirs and Assigns shall stand and be seized of and in the said Lands and Tenements so charged to the intent trust and use that the said E D shall have take perceive receive distrain for and enjoy the said annuity or yearly rent-charge according to the true meaning of the said grant appointment or assurance to be thereof as aforesaid made without fraud or covin And yet neverthelesse the same Lands and Tenements being made subject and chargeable to or for such annuity or yearly rent as are before by these presents appointed declared or expressed for and touching the same any thing in these presents c. Provided also c. for liberty to T P to grant annuity for every his younger sons by marriage for life not exceeding 6l a piece And whereas the said I L hath conveyed and assured unto the said E P and his Heirs expresse the Lands and whereas the said E P hath entred into Bond unto the said I L with condition that in case the said I his Executors Administrators and Assigns should pay unto the said E P his Heirs c. the sum of c. in the porch of c. at the Feast of c. in the same Bond contained That then he the said E P or his Heirs shall convey and re-sure the same Lands and Tenements back again unto the said I L and his Heirs for ever as by the same Bond and condition thereof made more at large appeareth It is now provided granted c. that if the said I L his Heirs c at any of the said Feasts in the condition of the said Bond mentioned or the said E P his Heirs c. within c. next after any of the said Feasts do or shall content or pay unto the said T P or the heir of his body upon the body of the said M lawfully to be begotten or in default of such issue to the Executors or Assigns of the same T P the sum of c. That then and from thenceforth all and singular the uses before specified in these presents be they present contingent or future for and touching the same Lands and Tenements which were conveyed and assured unto the said E P by the said I L as aforesaid shall utterly cease determine and be utterly void to all intents and purposes And that then and at all times after the sad estates c. for and touching the said Lands and Tenements shall be And the said person or persons c. or his or their Heirs and Assignes shall stand and be thereof seized to the use and behoof of the said I. and his heirs for ever And that then and from thenceforth the same Lands and Tenements nor any part nor parcel thereof shall not be subject nor lyable nor the estate thereof alter or change to or for any other use intent purpose or behoof these presents or any thing c. And the said E P and T P do by these presents covenant c. That the said E P and T P. their Heirs That E. P. and T. P. shal acquit and discharge as well M. as also the Lands c. or some of them shall and will at all times from and after the marriage had and solemnized between the said T P and M G well and sufficiently acquit exonerate and discharge or otherwise from time to time upon reasonable notice and request full and sufficiently save and keep harmlesse as well the said M G and her Assignes and their said Sons and Heirs of their two bodies lawfully issuing As also all and
his Executors and Administrators respectively doth Covenant and grant to and with the other of them his Executors and Administrators by these presents in manner and forme following viz. That if they the said H T. and H H. or either of them or the c. of them or either of them shall at any time hereafter be minded to demise let set or otherwise do or put away their whole estates of their severall parts of the said piece or parcel of ground to them above severally allotted or any part thereof That then he or they of them his or their c. being so minded to put away his or their parts of the said piece or parcel of ground so allotted to them or either of them as aforesaid shall or will give notice in writing of such his determination to the other of them his c. to the intent that the other of them his c. may have the refusall thereof before any other Giving or paying unto him or them that shall be so minded as aforesaid so much lawfull English money as any other will bona fide give or pay for the same In witnesse c. An Assignment of a Lease of Lands made by the c. which were seized for a Debt due to c. by Obligation Penn'd by William Noy Esquire THis INDENTVRE made c. between c. Witnesseth That whereas c. by Letters-Patents with the advice of his Councell W. Baron of c. and Sir W M. Knight Chancellour of the Court of Exchequer at Westminster and the Barons of the same Court. Hath amongst other things Demised Grant granted and to farm let unto the said A B. two Messuages or Tenements and divers Lands Meadows and pastures with the appurtenances set lying and being in c. within the Connty of c. upon the yearly rent of c. parcell of the Lands Tenements and Possessions of one E F of c. with the appurtenances lately seized into the hands of c. by F G. Esquire then Sheriff of the same County the fourteenth day of c. for the Debt of c. which the said E F. yet standeth indebted unto c. in the aforesaid sum as by his Obligation Dated c. may appear Except Exception and alwayes reserved out of the said Grant and Demise unto c. all great timber-trees woods underwoods mines and quarries of the premises Habend To have and to hold all those the said two Messuages or Tenements and other the premises with all and singular their appurtenances in c. aforesaid except before excepted to the said A B. his c. from the Day of the Date of c. for and during so long time as the same shall remain and be in the hands of Reddend c. Yeilding and paying yearly for the said two Messuages or Tenements and other the premises with their appurtenances unto c. the full and whole summe of c. at the Feasts of c. at the receipt of the Exchequer at Westminster or to the hands of the Sheriffes of the said County for the time being by even and equal portions As by the said Letters-patents bearing Date at Westminster c. may appear This Indenture now further witnesseth Consideration that the said A B. for and in consideration as well of c. as also for divers and sundry causes and considerations him thereunto especially moving Grant Hath bargained sold assigned and set over and by these present Indentures doth c unto the said C D. his Executors c. all and singular the said premises and all the estate term right title interest and demand which he the said A B hath may might should or of right ought to have of in or to the said two Messuages or Tenements and other the premises with their appurtenances of the ●●●●ments and other the premises with their appurtenances of the said E F in and by the said Letters Patents demised and granted or mentioned to be demised and granted to the said A B as is aforesaid in as large and ample manner and form as the said A B now hath and enjoyeth or may have and enjoy the premises by force or in respect of the said Letters Patents to him granted Habend To have and to hold the said two Messuages or Tenements and other the premises with their appurtenances and all the said estate right title terme interest and demand of the said A B in and to the same unto the said C D his c. to his and their owne onely use and behoof from the day of the date of these presents as amply in all respects and for so long time as the said A B hath might should or ought to enjoy the same by vertue of the said Letters Patents or otherwise And the said A B c. covenanteth c. to and with the said C D his c. by these presents That all and singular the said two Messuages or Tenements and other the premises now be and at all times from henceforth shall continue remaine and be during all the continuance force and effect of the said Letters Patents to the said C D his c. and every of them clearly acquitted discharged and sufficiently saved harmless of and from all former bargains sales gifts grants leases forfeitures charges and incombrances at any time heretofore had made or done or hereafter to be had made or done by the said A B or by any other by from or under his term estate title interest means or procurement since the date of the said Letters Patents And also the said C D c. doth covenant A Covenant to save harmlesse from all rents hereafter to grow due all other duties and demands c. to and with the said A B c. the he the said C D his c. and every of them shal and wil at all time and times hereafter and from time to time as well discharge save and keep the said A B his c. against c. of and from all and all manner of rent and rents hereafter to grow due and payable As also of and from all and all manner of other debts duties and demands hereafter to grow thereby due and paiable for and on the part and behalf of the said A B his c. in and about the said demised premises or any part or parcel thereof in these presents mentioned bargained sold granted or demised unto the said C D or his Assignes Provided alwayes and neverthelesse the said C D for himself A Proviso that if the mony be paid at the day then this Assignment bargaine and sale to be void his c. doth covenant c. to and with the said A B his c. by these presents That if the said A B his c. or any of them do well and truly satisfie content and pay or cause to be satisfied contented and paid unto the said
T P upon the first breach of any part of the same by his or their means assent consent or procurement the yearly rent aforesaid and all and singular the Covenants in the same Letters patents contained which on the part and behalf of the Leassee or Farmor of the premises shall be henceforth due and performed And one Indenture of Lease dated c. of five Messuages or Tenements adjoyning together parcel of the same premises then or late in the several tenures or occupations of c. with certain dales and hills of Lands thereunto adjoyning one other parcel of ground late also in the tenure of c. containing by estimation c. or thereabouts and a Lyme kiln thereupon erected for the term of c. commencing from the Feast of St. Michael c. next ensuing the date of the same Indenture of Lease whereupon the yearly rent of c is reserved and one other Indenture of Lease made unto I H of c. dated c. of the Easternmost of the said two Water-mils called c. and the Oatmeal mil over the same and certain Rooms Lands and other things therein particularly named for the term of c. commencing from c. wherupon the yearly rent of c. is reserved All which rents which shall from and after the first breach of any part of the same proviso continue due and payable unto the said T P his c. only excepted and fore-prized * Proviso that if R B shall truly perform the aforesaid promise then this present Indenture of bargaine and sale to be void and the Letters patents shall be re-delivered by the said T P to R B. Provided alwayes and it is neverthelesse covenanted granted and agreed upon by and between the same parties and the said T P for him c. doth covenant c. to and with the said R B his c. by these presents in manner and form following that is to say That if the said R B his c. do and shall wel and truly perform the aforesaid promise according to the tenor and true meaning of these presents That then and from thenceforth that is to say from and after the day wherein the same promise shal be fully performed this present Indenture of bargain and sale shal be void and of none effect And that then also or at any time hereafter upon the reasonable request of the said R B his c. to be unto him the said T P his c. in that behalf made the said Letters patents and conveyances shal be re-delivered unto the said R his c. safe and uncancelled and without alteration of the property thereof or of the premises thereby demised or any part thereof in the mean space to be done by the said T P his c. in any wise and the counter-part of the these presents to be cancelled † Covenant that the said R B shall receive the profits of the premises until breach shall be made in the promise aforesaid And further that it shal and may be lawful to and for the said R B his c. to have and enjoy all and singular the premises by the same Letters patents demised and the rents and profits thereof to his and their own use to receive and take during and until some breach or default shal be made of or in the promise aforesaid without any let or trouble of the said T P his c. any thing before in these presents contained c. And furthermore that upon due performance of the promise above mentioned they the said C and M their c. shall make enseal and as their Deed deliver unto the said R B and unto E his wife late the Wife and Administratrix of the above named I S one acquittance of the mony goods and chattels to her due * Also agreed that upon payment of 100 l. and the Marriage also solemnized that the● all Writings and Assurances by the said R B or by the said I H and S P. or either of them concerning the premises shall be delivered to the said R B and his heirs for ever without any incombrance And finally that upon payment of the said sum of c. on or before c. according to the same promise such marriage as is before mentioned being then in the meane time solemnized or the payment of the said sum of 100 l. on or before c. according to the promise abovesaid such marriage being during the said time unsolemnized That then and from thenceforth all Writings Conveyances and Assurances by the said R B his c. or by the said I H or S P or either of them their or either of their c. touching the premises or any thing thereto incident shal be delivered to the said R his c. and shall be and enure to the only use and benefit of the said R his c. for ever without any incombrance to be had made or done by the said C and M or either of them or the heirs of the said C or any of them in any wise In witnesse c. Bargain and Sale of Tythes for three years Penned by William Noy Esquire The Grant THis INDENTVRE made c. Betweene c. Witnesseth That for the consideration hereafter mentioned the said R W hath given granted bargained and sold and by these presents doth clearly give c. unto the said I W all that his three years Tyths of corn and grain The sorts of Graine viz c. name the corn belonging to the said Parsonage growing renuing arising or being within the said Parish of B. and all the tytheable places of the same Parish in such and as large and ample manner and form as they have been usually heretofore paid to the said Parson except and reserved to the said Parson all the straw coming of all the wheat and rye and also all the tythes of those parcels of ground hereafter particularly mentioned and recited viz name the ground c. * A Covenant that the said tythe corn shall be enjoyed without the let or hindrance of any Person or Persons and have haife the Barne to use call'd the Great barne next the tythe barn for terme of three years if the Parson shall so long live And the said Parson for him c. doth covenant c. to and with the said I W his c. in form following viz. That he the said I W his c. shall and may lawfully have take gather receive and for ever enjoy all the said tythe Corn before given and granted except before excepted without any lawful let eviction recovery or interruption of any person or persons whatsoever if the said Parson shall live until the said tythe corn except before excepted shall or conveniently may be gotten into the Barne And that he the said I his c. shall and may have the free and peaceale use and occupation of all the whole
be in his charge and custody in the right of the said Church at the time of such accompt delivered up that then this Obligation shall be void c. ¶ An Annuity to be taken and receeived after the death of him that granteth that which is upon trust for a womans use Penn'd by Robert Mason Esquire THis INDENTVRE made c. Between c. Witnesseth That the said T.G. the elden for divers good and reasonable causes and considerations him thereunto moving Hath given granted and confirmed The Grant and by these presents doth c. unto the said R.G. and H.C. one annuity or yearly rent of c. issuing and going our of all and singular the Lands Tenements and Hereditaments being free-hold of the said T.G. scituate lying and being in c. To have take Habend ' receive and enjoy the said annuity or yearly rent of c. to the said R.G. and H.C. their Executors c. from and after the decease of the said T.G. for and during all the term of the natural life of D.G. Wise of T.G. they younger of c. Gentleman aforesaid after the decease of the said T.G. the elder the said annuity or yearly rent of 6 l. to be paid yearly during the said term at the Feasts of c. or within 28 dayes next after either of the said Feasts by even portions at or in c. And the first payment of the said annuity or yearly rent to be made at such of the said Feasts as shall first and next happen after the decease of the said T.G. the elder or within 28 dayes then next following which said annuity or yearly rent of 6 l. the said T.G. the elder hath given granted and confirmed to the said R.G. and H.C. as aforesaid upon speciall trust and confidence that they the said R.G. and H.C. their Executors c. Limitation of the use shall from time to time as they or any of them shall have received the said annuity or yearly rent or any part thereof in form aforesaid pay and deliver over the said annyity or yearly rent and every part thereof to the said D. G. to her own proper hands and to her own proper use for and during the term of her natural life And the said T. G. the elder for him his Heirs c. doth Covenant c. to and with the said R.G. and H.C. and either of them their Executors c. by these presents That if it shall happen the said annuity or yearly rent of 61. or any part or parcel thereof Distresse for non-payment to be behind and unpaid contrary to the purport and true meaning of these presents being lawfully asked at the above-mentioned Mansion-house That then and from thenceforth it shall and may be lawful to and for the said R. G. and H. C. their Executors c. into all and singular the said Lands c. or any part thereof to enter and distrein and the distresse and distresses there taken lawfully to lead bear drive and carry away and the same with them or any of them to retain and keep to the use of the said D. untill the said annuity and the arrearages thereof if any be shall be unto the said H. C. and R. G. their c. to the use of the said D. A Covenant to make further estates fully satisfied and paid And moreover the said T.G. the elder for him c. and for every of them doth Covenant c. to and with the said R.G. and H. C. their c. by these presents That he the said T. G. the elder and his Heires shall at all times hereafter and from time to time during the space of c. next coming after the date of these presents upon every reasonable request and at the costs in all things of the said D. R. G. and H C. or some of them do make knowledge and execute or cause to be done c. all and every such act and acts assurance and assurances for the further and more better assurance surety and sure making of the said annuity or yearly rent of 61. to the said D. or to her use for and during the term of her natural life after the decease of the said T. G. the elder as by the said D. R. G. and H.C. or any of them their or any of their Councel learned in the Law shall be reasonably devised of advised and required ¶ In witnesse c. ¶ An Annuity made to the use of the poor People in certain Parishes Penn'd by Councel TO all People to whom this present Writing shall come I. C. of c. send greeting in c. Know ye that I the said I.C. of mine own good will benevolence and meer motion for and towards the relief and maintenance of the poor People which for the time hereafter being shall inhabite and dwell in the several Parishes of c. in the County of B. Have given and granted and by this my present Writing indented do give c. unto I.C. R.C. and T.T. of H. aforesaid Yeomen and unto H.S. and R.B. of H. aforesaid Husbandmen and R.F.W.S. I.B. c. of L. aforesaid Yeomen one annuity or yearly rent of c. to be yearly issuing going our bad and taken of all those my two Messuages or Tenements Shops Cellers Sollers Ware-houses Edifices Buildings Hereditaments and Appurtenances set lying and being at nigh or upon Fresh-Wharfe in or near c. now in the several tenures and occupations of c. and their Assignes To have leavy receive Habend perceive and yearly take the aforesaid annuity or yearly rent of 51. unto the said c. their Heirs and Assignes from and after the decease of me the said I C. for ever Limitation of the use at two Feasts or Terms in the year viz. at the Feasts of c. or within c. next after every of the same Feasts by even portions to the use and behoof and to be bestowed imployed and disbursed in manner and form following viz. on the first Sunday which shall first and next happen and come after the first payment and receipt of the said annuity or yearly rent or of any part or parcel thereof the sum of c. thereof to be bestowed in good and wholsom penny wheaten bread and the same bread to be equally distributed and given to 24 of the poorest Inhabitants of the aforesaid Parishes of c. for the time being at the discretion of the Church-wardens and some of the ancient Inhabitants of the aforesaid Parishes of c. viz. to every of the said Parishes 12 d. and on the Sunday then next and immediately ensuing the aforesaid first Sunday the like sum of 2 s. of the said annuity or yearly rent to be likewise bestowed in good c. ●st supra And so in like manner for ever the sum of 2 s. to be bestowed in bread as aforesaid And the same 2 s. in bread to be
the said A. B. whatsoever whereof the said A. B. hath or may have possession or occupation in the Parish of S. or else within the said County of C. c. Hath given granted and confirmed and by these presents doth for him and his Heires fully freely and absolutely give grant and confirm unto the said A.R. one Annuity or yearly Rent-charge of fifty pounds of good and lawful money of England to be going issuing and payable out of all and singular that the Manour and Lordship of S. in the said County of C. with the rights members and appurtenances thereof And out of all and singular Manours Messuages Lands Tenements Meadowes Feedings Pastures Woods Under-woods Copy-holds Rents Reversions Services and other Hereditaments whatsoever to the said Manor or Lordship belonging or appertaining or together with the same had holden occupied used demised letten or enjoyed or reputed taken or known as part parcel or member of the said Mauour or Lordship set lying and being within the Parish of S. aforesaid or elsewhere within the said County of C. And out of all other the Manours Lordships Messuages Lands Tenements and Hereditaments whatsoever of him the said A. B. or whereof the said A. B. hath or may have the possession or occupation lying and being within the Parish Village Hamlets Territories or Fields of S. aforesaid or elsewhere within the said County of C. To have hold receive Habend to A.R. to receive and take the said annuity of 50 l. per ann during her l●fe to be paid at the four most usuall Feasts in the year by even and equall portions Clause of distresse At such dai●● and places limited for payment thereof perceive take and enjoy the said Annuity or yearly Rent-charge of fifty pounds and every part and parcel thereof unto the said A.R. and her Assignes from the Day of the Date of these presents for and during the natural life of the said A. R. the same to be yearly paid at or within the common Dyning Hall of the Middle-Temple near Fleet street London at the four most usual Feasts or Terms in the year that is to say at the Feasts of the Annunciation of our blessed Lady the Virgin Ma●y c. or within ten dayes next after every of the said Feasts by even and equal portions And that it shall and may be lawful to and for the said A.R. for and during her natural life into the said Manour or Lordship of S. Messuages Lands Tenements and into all other the premises or into any part thereof to enter and distrain for the said yearly rent of fifty pounds and the Arrearages thereof if any shall happen to be behind and unpaid and the Distresse and Distresses there so had and taken to take drive carry away and impound and in pound to detain and keep untill the said A. R. and her Assignes and every of them shall be of the said Annuity or yearly Rent of fiffty pounds and of the Arrearages thereof and of all damages losses and expences sustained by non-payment thereof fully contented and paid And the said A.B. doth for himself his Heires Executors Administrators and Assignes and for every of them covenant grant and agree to and with the said A.R. her Executors and Assigns and to and with every of them by these presents In case the said Annuity or Rent-charge happen to be behind and unpaid then a nomine paenae and a distresse for that also That if it shall happen the said Annuity or yearly Rent-charge of fifty pounds at any time or times hereafter during the life of the said A.R. to be behind and unpaid in part or in all after any of the said daies of payment in or at which the same ought to be paid as aforesaid That then the said A.B. Heires Executors Administrators and Assigns shall and will forfeit lose and pay unto the said A.R. and her Assignes the sum of twenty shillings of lawful money of England nomine paenae for every day that the same or any part thereof shall happen to be behind and unpaid after the dayes of payment above limited And then also and so often it shall and may be lawful to and for the said A. R. and her Assignes into the said Manour or Lordship and into all and singular other the premises with their appurtenances Nomine paena of 20 s. and the Arrearages thereof if any happen to be forfeited and the Distresse Distresses to drive and take away and keep untill the nomine paenae and the Arrearages be fully satisfied and paid and into every or any part or parcel thereof to enter and distrain for the said nomine paena of twenty shillings and the Arrearages thereof if any shall happen to be forfeited and unpaid and the Distresse and Distresses there had and taken to take drive carry and bear away and the same to impound and in pound to detain and keep untill the said A.R. and her Assignes of the sum of twenty shillings so to be forfeited Nomine paenae toties quoties and of all Arrearages of the same and of all such damages losses and expences as the said A. R. shall or may bear or sustain thereby shall be fully satisfied contented and paid * Covenant that the Grantor is seized in Fee without any remainder or reversion in the c of an absolute and indefeisable estate And the said A.B. doth for himself his Heires Executors Administrators and Assignes Covenant grant and agree to and with the said A.R. her Executors Administrators and Assigns and to and with every of them by these presents That he the said A.B. the Day of the Date of these presents is the lawful and true Owner of the premises and of every part thereof and is lawfully seized in his Demesne as of Fee-simple of and in the same to the use of him the said A. B. his Heires and Assigns for ever without any remainder or reversion in c. and without any use condition proviso or limitation to alter change revoke or determine the same Covenant that the Land is of such a value hesides charges c. And further That the said Manour of Lordship and other the premises with their appurtenances now are and so shall continue and remain during the natural life of the said A.R. of the clear yearly value of one hundred and fourty pounds by the year over and above all charges and reprises And that the Land shall be overt c. to the Distresse And that the said premises and every part thereof are and shall be from time to time during the natural life of the said A. R. overt and liable to the Distresse and Distresses of the said A. R. so the said annuity or yearly Rent-charge of fifty pounds and the said Nomine paenae if the same or any part thereof shall hereafter happen to be behind and unpaid at the dayes time and place above-limited for the payment thereof Covenant to pay
to the use of the said H. B. and of the Heires males of the body of H. B. on the body of A. S. lawfully bagorten and for default of such issue then to the uses as aforesaid expressed and declared that is to say To the onely proper use and behoof of the said Sir VV. B. and of his Assiges for and during the term of his natural life without impeachment of or for any manner of waste●● and from and after his decease then to the onely use and behoof of the said La. M. now his Wife and of her Assigns for and during the term of her natural life in full satisfaction and recompence and a further increase of her Joynture and Dower of in out of and to all and singular the Manours Lands Tenements and Hereditaments of the said Sir VV. B. her Husband and from and after the decease of the said La. M. and aster the said Marriage had and solemnized between the said H. B. and the said A. S● then to the on●ly use and behoof of the faid H. B. and of the Heirs males of the body of the said H. B. on the body of the said A. S. lawfully to be begotten and for desanlt of such issue them to the use and behoof of the Heirs males of the body of the said H. B. lawfully to be begotten and for default of such issue then to the use and behoof of the said R. B. second Son of the said Sir VV. B. and of the Hein males of the body of the said R. B. lawfully to be begotten And for default of such issue then to the use and behoof of the third Son of the said Sir VV. B. upon the body of the said La. M. lawfully begotten or to be begotten and of the Heirs males of the body of the said third Son lawfully to be begotten and for default of such issue then to the use and behoof of all and every other Son and Sons of the body of the said Sir W. B. upon the body of the said La Mary lawfully to be begotten successively and in order one after the other as they shall succeed and be in Seigniority or in age and of the Heirs males of the several bodies of all and every such other Son and Sons lawfully to be begotten and for default of all and every such Son or issue male then to the use and behoof of the Heirs females of the body of the said Sir W. B. upon the body of the faid L. M. lawfully begotten or to be begotten and for dufault of such issue then to the use and behoof of the Heirs males of the body of the said Sir W. B. lawfully to be begotten and for default of such issue then to the use and behoof of the right Heirs of the said La. M. forever Provided alwaies and it is Covananted granted Covenant that if he shall se●le other lands of the like estate and in lieu of the former then the estate limited in the firsty Lands to cease c. concluded and fully agreed by and between all and every the said Parties to these presents and it is the true intent and meaning of these presents and of the said Parties to the same That if the said Sir W. B. or the said H. B. or either of them shall at any time hereafter during the natural life of the said A. S. convey and settle or cause or procure a good perfect and inde●eisible estate in the Law to be s●●led and conveyed in and to the said A. or to her use and behoof in any other Manour or Manours Lands Tenements or Hereditaments within the Common-wealth of England of the clear yearly value of c of lawful money of England or more over and above all charges and reprizes for terme of the life of the said A. to and for the onely use of the said A. to begin and to take effect in Possession immediately upon the deceasing of the Survivor of the said Sir W. B. La. M. his Wife and H. B. in lieu and recompence of such Lands Tenements and Hereditaments and other the premises in D. aforesaid as are before in or by these presents intended or agreed to be conveyed and assured unto the said A. S. for and during the term of her natural life in such manner and form as is aforesaid Then the estate for life hereby limited and appointed to or for the said A. of in and to the said Lands Tenements and Hereditaments and all and singular other the premises in D. aforesaid shall cease determine and be utterly void frustrate and of none effect and then and from henceforth the said recovery and recoveries with the execution thereupon to be had and obtained shall be and shall be adjudged deemed and taken to be And the said Recoveters and every of them their and every of their Heirs shall and will stand and be seized and be adjudged deemed and taken to be seized after the decease of the Survivor of them the said Sir VV. B. Dame M. and H. B. of and in such and so much of the said Lands and Tenements and other the premises in D. aforesaid as is limited or appointed before in or by these presents to or for the use of the said A.S. the Daughter for terme of her life as is aforesaid to the onely use and behoof of the Heir males of the body of the said H. B. on the body of the said A. the Daughter lawfully to be begotten and for default of such issue then to such further use and uses behoofs intents and purposes as be thereof before in or by these presents limited expressed or declared and to none other use or uses intents or purposes whatsoever any thing before in these presents meniioned or contained to the contrary thereof in any wise notwithstanding Provided also Proviso to make Leases not exceeding ●1 year and it is further Covenanted granted concluded and fully agreed by and between all and every the said Parties to these presents and every of them and it is the true intent and meaning of these presents and of the Parties to the same that it shall and may be lawfull to and for the said Sir W. B. at all and every time and times hereafter when and as often as it shall please him by any Writing or Writings to be sealed and subscribed by and with the hand and seal of the said La. Ma. as by and with the hand and seal of the said Sir W. B. in the presence of three or more sufficient Witnesses and not otherwise And also that it shall and may by lawful to and for the said Sir W. B. at any time after the decease of the said La. M. his Wife or by any Writing or Writings by him to be sealed and subscribed in the presence of three or more sufficient Witnesses and not otherwise to make any Lease or Leases Demise of Demises of so much of the said Manour of D. and other the premises in
the time of every such Grant Devise or Conveyance or from any other time or times So that the said Rent-charge and Rent-charges to any such Son or Sons do not exceed the sum of 20 l. a piece yearly for any such sum or sums And further also And that he may make Leases to his yonger Sons for 21 years or one two or three lives charged or chargeable with such rents as afore that it shall and may be lawful to and for the said T.H. the Father Party to these presents at any time or times and from time to time during his natural life to make any Lease or Leases unto every or any of his younger Sons for the term of 21 years or under in possession or reversion or for the term of one two or three lives in possession or reversion of all or any part or parcel of the said Manours Messuages Lands Tenements Hereditaments and premises whereof the said Fine or Fines before by these presents is covenanted or mentioned to be lived as aforesaid by the said T. H. or any part thereof charged and chargeable with such rents sums of money and payments as before or after in these presents are appointed declared or limited to be bad levied or issuing out of the same or any part thereof in such sort as in these presents in mentioned and declared The said Lands so demised not to exceed the ancient rent of 6 l. 13. s. 4 d. So that the same Lands Tenements and Hereditaments so to be demised and leased to any the younger Son or Sons of the said T. H. the Father as aforesaid do not exceed the ancient rent by the year of 6 l. 13 s. 4 d. for every or any his younger Sons to whom any such said Lease or Leases shall be had or made The ancient rents to be reserved and services as is aforesaid And so that upon every such Lease and Leases so to be had and made as aforesaid the old and accustomed yearly rents boons arrearages customes and services or more be reserved to be yearly payable and done during the continuance of every such Lease or Leases at the daies and times in manner and form at the same have been heretofore during the most part of 20 years last past used and accustomed to be paid and done ⋆ No lease to be made without impeachment of waste And so that the same Lease and Leases and every or any of them so to be made as aforesaid be not made without impeachment of waste † Power to make Leases to any person for 21 years or three lives of the waste Grounds Moores and Commons c. And further also that it shall and may be likewise lawful to and for the said T.H. the Father at any time or times hereafter during the term of his natural life at his will and pleasure as well to make any Demise or Lease to any Person or Persons for the term of 21 years or under or for the term of one two or three lives from the making of such said Lease or Leases of all every or any the waste Grounds Moores and Commons parcel of the Manours Lands Tenements and Hereditaments whereof the said several fines or either of them are Covenanted to be levied as well such as be already improved as such as hereafter at any time shall be improved The ancient boons and services to be reserved and payable as accustom●d Power to make Leases as before of any the Manors c. charged or chargeable as aforesaid except c. as Tenant in tail may lawfully do by the Statute of 32 H. 8 not otherwise So as such yearly rents boons and services as heretofore hath been reserved and paid for any such of the said Wastes as heretofore hath been letten be reserved payable yearly during the continuance of every such Lease to be made of any part of the said Wastes so heretofore letten at the daies accustomed As also to make any Lease or Leases for term of 21 years or under or for the term of one two or three lives of any part or parcel of the said Manours Messuages Lands Tenements Hereditaments and premises with the appurtenances whereof the said Fine is before covenanted or mentioned to be levied as aforesaid by him the said T. H. the Father charged and chargeable with such rents sums of money and payments as before or after in these presents are appointed limited or declared to be had levied or issuing out of the same or any part thereof in such sort as in these presents is mentioned and declared other then the said chief and capital Messuage c. before by these presents appointed and limited in use to and for and as parcel of the Joynture of the said K. in and after such order manner and sort as Tenant in tail may lawfully do by the Statute made in the Parliament of the late King Henry the eight holden at Westm in the two and thirtieth year of his reign and not otherwise so that every such Lease and Leases be made of Lands and Tenements usually letten to farm by the most part of 20 years last past Provided also and it is further covenanted And that he may grant to any his Servants rent-charges for life onely out of certain Lands so that all the said rents exceed not above 20. l. yearly granted and agreed by and between all the said Parties to these presents That it shall and may be likewise lawful to and for the said T. H. the Father at all time and times hereafter by his last Will and Testament in writing or otherwise by his deed or deeds in his life-time to assure convey limit or appoint to every or any his Servant or Servants such annuity or yearly rent-charge for term of life onely of every or any such said Servant or Servants the same and every of them and the Grant of Devise thereof to be made with sufficient clause of distresse to be therein contained for not-payment thereof as unto the said T. H. shall be thought meet and convenient to be issuing going out and payable of and out of the said Capital Messuage c. from and after the decease of the said T. H. Party to these presents and out of all or any part of any other the said Manours of H. c. whereof the said Fine or Fines before by these presents is Covenanted or mentioned to be levied as is aforesaid by the said T. H. As also of and out of all the said Messuages c. or any part or parcel of them from the time of making any such Grant or from any time after other then the said Manour-house and domain Lands of H. c. appointed and limited to be charged and chargeable to and for the payment of the said yearly rent of 200 l. so that the said rent-charge of several rent-charges do not exceed in all together above the sum of 20 l. Power to make Leases or
make him further assurance Pag. 36 A Bond to the Sheriff for appearance in Banco Regis Pag. 54 A bargain and sale to the c. of a Prebend c. Pag. 232 A bargain and sale of Tithes for three years penned by William Noy Esquire Pag. 428 A bargain and sale of some lands as al-also a Lease of other and also a Letter of Attorney irrevocable for receiving the profits of other lands for satisfaction of debts Pag. 432 A bargain and sale of a Messuage with the appurtenances in fee farm penned by William Noy Esquire with very good Covenants Pag. 434 A bargain and sale of a Messuage with the appurtenances in fee farm with good Covenants in a very good form penned by Robert Mason Esq Pag. 453 A bargain and sale of a Barque or ship Pag. 473 C A Covenant that the Bargainer is solely seised of a rightful estate in fee or fee-tail the reversion or reversions not to the King Pag. 39 Covenants that the Bargainer shall make satisfaction for so much of the premises as shall be recovered from the Bargainee Pag. 39 A Condition of an obligation to perform an award Pag. 50 A Condition of an obligation for enjoying the lands mortgaged according to the purport of the Deed containing also the effect of diverse necessary Covenants Pag. 61 A Condition for the better enloying of lands granted by the Deed only containing the effect of diverse usual Covenants Pag. 68 A Condition of an Obligation with the usual Covenants for the better assurance of lands mortgaged Pag. 106 A Condition of an Obligation to perform Covenants in an Indenture Pag. 107 A Condition to abide an award for lands in Controversie Pag. 107 A Condition to abide an award c. to stand to the award of an Vmpire Pag. 108 A Condition to save a surety harmless Pag. 109 A special Covenant which was in an ordinary Lease contained Pag. 131 Condition of an Obligation to the Sheriff upon a Replevin Pag. 144 The Condition of an Obligation to restrain Tenements intailed to be aliened by fine recovery or otherwise Pag. 155 A Condition that the Obligor was lawfully seised of the premises at the time of granting of the annuity with other usual Convenants contained in such Grants Pag. 189 A Condition that if the Wife survive her Husband that his Executors shall pay unto the Wife the sum of c. Pag. 19 A Condition of a Bond for performance of Covenants Pag. 224 A Condition to save a Surety harmless Pag. 226 Another Pag. 227 A Condition of an Obligation to make a Release Pag. 235 Covenants of Marriage very necessary Pag. 277 Special Covenants concerning the same and other uses to that intent Pag. 288 A Condition that a Churchwarden shall give an accompt Pag. 474 A Covenant to levy a Fine to settle by way of Intail with divers Covenants upon Mariage Pag. 509 Covenants for a Fine and Recovery c. Pag. 543 D. A Defeazance of a Statute entred into for performance of Covenants contained in Indentures Pag. 1 An usual Deed of Feoffment with general warranty Pag. 19 A Deed of Feoffment of a Méssuage Lodge Garden Orchard c. with general warranty with Livery upon the Deed of Feoffment and when it is by Attor●ey Pag. 30 A Deed of Mortgage with warranty against the Mortgager and his hei●s onely Pag. 59 A Deed of Mortgage with general warranty Pag. 65 A Deed of Feoffment of the lands before mentioned in the Indentures Pag. 9● A Deed of Feoffment of a Parsonage c. Advowson of the Vicaridge there to belonging with warranty against the Feoffe and his heirs Pag. 9● A Deed of Reteyner of a Chaplein by a Nobleman according to the Statute Pag. 127 A Deed of Feoffment to uses conteined in certain Indentures Pag. 147 A brief Deed of grant and assignment of certain goods chattels and debts with a Letter of Attorney therein contained Pag. 169 A Deed of Feoffment of Gavelkind lands by an Infant according to the Custom Pag. 173 A Deed Poll of revocation of uses according to a proviso by other Indentures as also a limitation of new uses Pag. 185 A Deed Poll of receipt of a sum of mony according to a proviso conteined in certain Indentures and an acquittance thereof Pag. 192 A Deed of Gift of Hay and Corn in Barns together with the Barns as also of standing Corn with the soyl whereupon c. and of goods in particular Pag. 192 A Defeazance upon a Statute Pag. 406 A Deed Poll in very good form Pag. 464 A Deed of Covenants to stand seized to uses according to former articles of agreement upon Marriage in tail and for part of a Jointure Pag. 485 A Deed of Covenants to lead the use of a Fine Feoffment or Recovery c. with special Covenants therein contained Pag. 530 A Deed Poll conteining a Feoffment of certain parcels of Land which the Feoffed had inter alia assured unto him upon a common recovery with special warranty Pag. 179 F. A Feoffment in Consideration of Marriage with general warranty Pag. 69 G. A Grant of an annuity out of land with distress and Covenant to stand seised of the land for non-payment to the use of the Grantee with a proviso to determine to the use of the Grantee with the Annuity upon payment of a sum in gross Pag. 15 A Grant of an Executorship and of all such goods and other things as the Executor hath or ought to have of the Testator by the Executorship or otherwise in which Grant are divers Covenants Pag. 54 A Grant of an Annuity or yearly rent with a nomine poenae distress for both and a proviso not to charge the person of the Grantor or his heirs Pag. 64 A Grant of all such goods as belong to one Exec. where are two Executors made with special Covenants Pag. 70 A Grant of an annuity or yearly rent for lives with divers good Covenants therein contained for the better enjoying of the Rent Pag. 101 A Grant in Fee-farm with warranty against the Feoffor and his heirs in which Grant a Letter of Attorney is incerted to give Livery Pag. 104 A Grant of an annuity out of land with a proviso not to charge the person Pag. 145 A Grant of a rent to others to the use of the Feoffees for a Joynture before Mariage Pag. 157 A Grant from her Majesty of the wardships of the bodies of Co-heirs Pag. 160 A Grant of a Bayliwick of levying of monies and power to make Deputies for the doing of the same Pag. 214 A Grant of a rendition with a proviso to determine it upon payment of money Pag. 222 A Grant by the Stewards of Liberties to certain persons to be their Bailiffs and to collect all issues fines and amerciaments c. Pag. 231 I. An Indenture of Bargain and Sale to be inrolled Pag. 2 An Indenture of Covenants upon the above written Indenture of Bargain and Sale the which is drawn and made by
Mortgager Pag. 63 A Letter of Attorney to be contained in a Deed by the delivery of seisin Pag. 66 A Lease of a Messuage with certain lands woods and Mines thereto appertaining and also a power of fishing upon the said ground together with power to coal the wood upon the ground Pag. 72 A Lease of a Mansion house certain lands c. with a large exception and many special Covenants therein contained Pag. 82 A Lease of Attorney irrevocable for the assignment of a Recognizance acknowledged in Chancery whereupon judgement is there had with diverse Covenants therein contained to the proper use of the Assignee Pag. 86 A Letter of Attorney irrevocable for the assignment of an Obligation to the proper use and behoof of the Assignee Pag. 90 A Lease of an Iron Furnance Work Hammer or Iron Mill containing ordinary Covenants for the better enjoying of the same Pag. 109 A Lease of a Vicaridge Pag. 120 A Letter of Attorney to make Leases and to receive rents and accompts for the profits of lands making the Grantee Bailiff and Receiver to the Grantor irrevocable for certain years Pag. 125 A Lease to try a title with direction to execute the same Pag. 164 A Letter of Attorney authorizing to enter into certain lands and after entry to seal deliver a Deed subscribed by the Mr. by which those lands are conveyed over Pag. 194 A Letter of Attorney to receive Money upon a Bond. Pag. 218 An Indorsement of Livery and seisin by an Attorney Pag. 219 Letters Patents for making an Alien to be a free Denizen Pag. 220 A Lease of a Prebend Pag. 234 A Lease of a house and for non-payment of a sum of money at certain days before mentioned the lease to be void Pag. 311 A Lease of a house and goods with diverse necessary and special Covenants therein contained Pag. 315 A Leaso of Lands with a special Proviso Pag. 322 A Letter of Attorney to enter and to deliver a deed as Attorney the same being first signed and sealed by the party Pag. 484 M A Mortgage of a house in fee-simple for indempnification in a very good form penned by Robert Mason Esq Pag. 466 The right form of a Mortgage penned by R. Mason Esq Pag. 470 A Mortgage at 10 l. in the 100 l. protempore Pag. 525 O. An Obligation conditioned for the release of an Annuity Pag. 24 An Obligation conditioned for the payment of money Pag. 30 P. The form of a Perpetuity by will with a proviso to restrain alienation c. Pag. 152 The Patent whereby Serj. Henden was made Baron of the Exchequer Pag. 225 R. A Release of Estrepement and of arrerages of Rent Actions of Covenant and debt Pag. 10 A Release upon a Deed of Feoffment Pag. 20 A general Release Pag. 22 A Release of right and title to land as also of Conditions and titles of entries or re-entries Pag. 67 A Recognizance Pag. 167 A Release of right to land Pag. 211 A Release of Legacies Pag. 212 A Release of Errors upon a Fine Pag. 194 A Release of a Proviso and Condition Pag. 199 A particular Release of a Vicarige and all claim thereunto together with a general release of all actions sutes whatsoever Pag. 217 A Release of Errors upon a judgement in debt in the Common-pleas Pag. 222 S. A Sale and Confirmation of an estate of a lease of 100 years to an Assignee of part of the term Pag. 230 W. A Warrant to the Bayliff of a Manor for summoning of Tenants to hold a Court Baron Pag. 224 A Warrant to one of the Receivers of the Revenues of the Dutchy for the payment of 5 l. every Term to Sir E. Henden Knight one of the Barons of the Exchequer Pag. 225 The End of the Table A DEFEASANCE OF A STATVTE Entred into for the performance of Covenants contained in Indentures THis INDENTURE made c Between A. of the Parish of R. in the County of York Yeoman of the one part and B. of L. in the County of Kent Gentleman and C. of S. in the County of Hertford Clothier on the other part Witnesseth that whereas the said B. and C. by their Bond or Recognizance in the nature of a Statute for the Recovery of Debts made and provided and acknowledged before Sir I. P. Knight Lord Chief Justice of England and bearing date the 17 day of June last past before the date of these presents did joyntly and severally become bound unto the abovenamed A. in the summe of c. of current English mony to be paid unto the said A. his Executors or Assigns at or upon the feast of the Nativity of Saint Iohn Baptist next ensuing the date of the said Statute as by the same more at large appeareth Nevertheless it is concluded and agreed between the said parties and the said A. is well contented and pleased and doth for him his Heirs Executors Administrators and Assigns covenant and grant to and with B. and C. and either of them their or either of their Executors Administrators and Assigns in manner and form following That is to say that if the said B. his Heirs Executors and Assigns shall and do well and truly observe perform fulfill and keep all and singular the Covenants Grants Articles and Agreements which on the part and dehalf of him the said B. are to be performed fulfilled and kept specified and contained in certain Indentures made between him the said B. of the one part and the above-named A. on the other part bearing date the 10. day of Iuly last past before the date of these presents That then the said Bond Recognizance and Statute to be utterly void frustrate and of none effect or otherwise to be and remain in his full force strength and vertue ¶ An Indenture of Bargain and Sale to be inrolled THis Indenture made c. Between I. H. of B. in the County of C. Yeoman on the one part and E. H. of R. in the County of Middleseex Esquire on the other part Witnesseth that the said I. H. for and in consideration of the summe of 300 l. of current English mony before the ensealing hereof by the said E. H. unto him the said I. H. well and truly paid whereof and wherewith the said I. H. doth acknowledge himself to be fully and wholly satisfied and payed and doth thereof and of every part and parcel thereof acquit and discharge the said E. H. his Heirs Executors Administrators and Assigns and every of them by these persents Hath given granted bargained and sold and doth by these presents give grant bargain and sell un-the said E. H. his Heirs and Assigns all that his principal Mansion or Messuage together with all barns stables and other edifices and buildings whatsoever to the same belonging or in any wise appertaining and 2 gardens 6 acres of Land 50 acres of Meadow 50 acres of Pasture 4 acres of Wood-ground containing in the whole six score and eighteen acres of land meadow
good causes considerations me thereunto especially moving have remised released and for ever quit claimed and by these presents do clearly sully and absolutely remise release and for ever quit claim unto A. D. of B. in the County of W. Wid W. S. of B. aforesaid in the said County Esq A. L. of S in the said County of W. Widdow all and all manner of waste or wast made committed or done by them or by any or either of them or by any other person or persons whatsoever by or in their or any of their right title means procurement or permission in and upon any the houses site and demean Lands heretofore by Indenture made bearing date upon the Feast day of All Saints in the eight and twentieth year of the reign of K. Henry the Eight deceased by William late Abbat of Glocester and Covent of the same demised granted and to farm letten to George Daston Gent. for 80 years if he lived so long And of and from all and all manner of Rents and arrerages of Rents whatsoever due or payable to the said T. B. by the said A. D. W. S. A. L. or any or either of them for or in respect of any the houses site and demean Lands before mentioned And of and from all and all manner of actions of Waste actions of Trespasse actions of Covenant and Debt and of and from all other actions sutes and demands whatsoever had or prosecuted or to be had or prosecuted against them or any of them for or concerning any the matters or causes before mentioned so as neither the said T. B. nor his Heirs nor any other person or persons whatsoever for him or in his name any action or sute at any time hereafter shall or may have or prosecute against the said A. D. W. S. A. L. or any or either of them for or in respect of any the causes before mentioned But of and from the same shall be hereafter excluded and barred by these presents In witnesse whereof the parties above-named their hands and seals to these present Indentures interchangeably have put the day and year first above written Annoque Dom. 1614. An Indenture of Covenants for the surrender of a Lease and leaving the possession by a day according to an Order of the Court of Common-Pleas THIS INDENTURE made c. Between 7. B. of S. in the County of K. Esq of th' one part and A. L. of S. in the County of W. Gent. of th' other part Witnesseth That as well for and in performance and accomplishment of a certain Order or Rule made in the Court of Common Pleas at Westminster in the Term of Easter now last past before the date hereof in an action of Ejectione firme depending in the said Court by A.L. Lessee of the above-named T.B. Plaintiff against W. S. and others Defendants for and concerning the title right interest and possession of the said T. B. in and to the Site Manor-house and Demeans of the Manor of H. in the said County of G. with th'apputtenances as also for and upon divers other sufficient causes and considerations it is covenanted granted concluded and agreed upon by and between the said parties to these presents Covenant according to the Order to deliver up the peaceable possession of the lands in manner and form follwing And first the said A. D. doth for him his Heirs Executors Administrators and Assigns covenant and grant to and with the said T. B. his Heirs Executors Administrators and Assigns That he the said A. L. shall and will according to the Order above-mentioned and the true meaning of the same yield and deliver up or cause to by yielded and delivered up unto the said T. B. his Heirs and Assigns at the Feast of Saint Michael the Archangel next ensuing the date hereof the quiet and peaceable possession as well of the Farm-house with the appurtenances Site and Demeans of the said Manor of H. in the County of G. aforesaid And that the may peaceably enjoy the land without eviction or disturbance of W. G. or A. or of any other person c. as also of all Lands or Tenements used or occupied as part parcel and member of the Demeans of the said Manor And also that he the said T.B. his Heirs and Assignes shall and may peaceably and quietly from the Feast of St. Michael the Archangel next ensuing hold and enjoy the said site Farm-house and Demeans of the Manor of H. and all other the premises with the appurtenances and every part and parcel thereof without any let eviction or disturbance of the sard A. L. W. D. of H. in the said County of G. deceased G.D. of H. aforesaid deceased or A. D. of B. late in the said County of W. or any of them and without any lawfull let or disturbance of any other person or persons lawfully claiming in by from or under them or any of them And that the premises shall be discharged or sav'd harmlesse from all charges or incumbrances committed or done by W. G. c. or any other amp c. And furthermore that the said premises with the appurtenances and every part and parcel thereof shall be and continue unto the said T.B. his Heirs and Assignes acquitted and discharged or otherwise upon request sufficiently saved harmlesse and indempnified of and from all manner of charges and incumbrances whatsoever had made committed or done by the said A. L. W.D. G.D. E.D. A. D. or A.D. junior or any other person or persons lawfully claiming by from or under them or any of them And the said A.L. doth furthermore for him his Heirs Executors Administrators and Assigns Covenant and grant to and with the said T. B. his Executors Covenant that the su●rèderer will upò request made by the surrenderee save him harmless the premises from all actions còtroversies had or brought by A. W. G. c. or any other person c. Administrators and Assignes That he the said A. L. his Executors and Assigns shall and will from time to time upon reaasonable request to him or them by the above-named T.B. his Heirs Assigns made save and keep harmlesse as well the above-named T. B. his Heirs Assigns as the said Site Farm-house and Demeans of the said Manor of L. and all other the premises with the appurtenances and every part and parcel thereof of and from all and all manner of sutes actions and controversies which shall be had made commenced or brought by them the above-named A. L. W. D. G. D. E. D. A. D. or A. B. or any of them or any other person or persons lawfully claiming or lawfully pretending any right or title by from or under them or any of them And also that aswell the said A. L. his Heirs and Assigns And also that aswell the surrenderer as also the said W.G. c. shall within such a space upon request of the surrenderee make such further assurance c. be
it by release confirmation c. so that the same comprehend no other Warranties c. but against them and all persons claiming under them as also the said W.D. G.D. E.D. and A.D. and all other person or persons lawfully claiming any right title or interest unto the said premises by from or under them or any of them shall and will at all times within the space of 12 years next following the date hereof upon reasonable request unto them or any of them made at the proper co●●is and charges in the Law of the said T. B. his Heirs or Assigns make such further Assurance and Security unto the said T.B. of their and every of their right title and interest of and in the said premises with the appurtenances as by the said T.B. his Heirs or Assigns or their Counsel learned in the Law shall be reasonably devised or advised be it by Release Confirmation Feoffment or otherwise so that such assurance comprehend no further Warranties or Covenants of Warranties than against themselves and all other person or persons lawfully claiming in by from or under them or any of them and so that they be not compelled to travell for the making of such assurance And lastly the surrenderer doth assign all his interest term of years which he pretendeth to have in the premises by colour of a lease made to one G. by one A. the which since is come to the now Assignor that part of the Indenture of lease made unto the said G. all other writings which he covenanteth to deliver at the sealing of these presents further than the County of Glocester And lastly the said A.L. doth for him his Heirs Executors Administrators and Assigns by these presents assign unto the said T.B. his Heirs and Assignes as well all and sigular the right title interest and term of Years which the said A. L. hath or pretendeth to have of and in the said Site Manor-house and Demeans of the said Manor of H. and other the said premises with the appurtenances by virtue or colour of one Lease thereof made by the late A. of G. unto one G. D. the right interest of which said term is by mean conveyance and assurance lawfully as is pretended possessed and assigned unto him the said A.L. as also of one part of the said Indenture of Lease made by him the said A. unto the said G. under the covent seal as also all other Writings Covenants and Deeds whatsoever concerning the Lands in the hands and custody of the said A. or which the said A. may come unto concerning the said premises or any part thereof without sure in Law The which said Indenture and other Writings the said A. doth for him his Heirs Executors Administrators and Assigns covenant and grant to deliver unto the said T. B. his Executors and Assigns at the time of the ensealing and delivery of these presents In witnesse whereof the parties above-named to these present Indentures their Hands and Seals interchangeably have put the day and year first above written Annog Dom. 1601. A Grant of an Annuity out of Land with distress and covenant to stand seised of the Land for non-payment to the use of the Grantee with proviso to determine the Annuity upon payment of a summe in grosse THIS INDENTURE made c. Between B. F. of S. in the County of S. Yeoman of th' one part and T. F. of S. aforesaid Yeoman of the other part Witnesseth That whereas the Maior Jurats and Commonalty of the antient Town of Winchellsey within the liberty of the Cinque ports in the County of S. did with one consent and mutual agreement by their Indenture bearing date the 20 day of August in the 38 year of the Reign of the late Queens Majesty bargain sell give grant and confirm unto the said B.F. his Heirs and Assigns all that their Brewhouse and the edifices and buildings thereunto belonging together with all the Lands Meadows Pastures and Wast ground to the said Brewhouse appertaining and with the same then or late usually occupied and afterwards in the said Indenture mentioned expressed and recited that is to say the Brewhouse and the buildings thereunto belonging and appertaining and the ground thereunto adjoining situate lying and being in the Strand in Winchellsey aforesaid and abutted to the Queens high Street there South to the common Chanel North to the lands of I.V. West and to the lands of A. A. Esq East containing by estimation 3 acres more or lesse One other peece or parcel of Land did lie at St. Leonards near Winchellsey aforesaid and abutteth to the Lands then or late I. W. North to the lands of I.P. South to a Lane called P. East to the Fleet called St. Leonards Fleet West containing in the whole by estimation 2 acres more or lesse And th' other piece or parcel of Land lying near unto the Kings green that is to say to the Queens high way South and West to the commons of the Town of Winchellsey East and to the Lands of A. H. North containing by estimation one quarter of an acre more or lesse as the antient bounds and marks thereof more plainly did shew and divide To have and to hold the said Brewhouse and the edifices and bulldings thereunto belonging together with all and singular other the edifices with all and all other the said several premises before recited and expressed and every part and parcel thereof with th' appurtenances to the said B.F. his Heirs and Assigns for ever Yielding and paying therefore yearly to the said Maior Jurats and Commonalty their Successors and Assigns the yearly Rent or Farm of Six pounds thirteen shillings and four pence of lawfull money of England at two usual Feasts and Terms in the year that is to say at the Feast of Saint Michael th'Archangel and the Feast of the Annuntiation of the blessed Virgin Mary by even and equal portions to be paid as in and by the said recited Indenture doth and may more plainly appear Now this Indenture witnesseth that the said B. F. for divers good causes and considerations him thereunto especially moving hath given granted and confirmed and doth by these presents for him his Heirs Executors and Administrators give grant and confirm unto the above-named T.F. and his Assigns one annual or yearly Rent of 10 l. of current English money issuing going forth and to be yearly had levied perceived and received out of the said Brew-house and other the edifices buildings thereunto belonging together with the said several pieces and parcels of land and out of all and every the premises in the above-recited Indenture specified and contained with all and singular the appurtenances To have and to hold the said Annuity or yearly rent of 10 l. of current English money issuing going forth and to be levied received and perceived out of the above-recited premises with the appurtenances as aforesaid Power to enter into the land and distrain for the
rent behind the distrainer to detain until he be satisfied of the Rent unto the said T.F. and his Heirs for and during the natural life of the said T.F. and the same to be paid yearly at or in the South porch of the Parish Church of S. aforesaid at or upon the second day of May. which shall be in the year of our Lord 1595. And if it shall happen the said Annuity or yearly rent of 10 l. or any part or parcel thereof to be behind or unpaid by the space of fourteen dayes next after the day and time in which it is limited and appointed to be paid as aforesaid that then and from thenceforth it shall and may be lawfull to and for the said T.F. and his Assigns during the natural life of the said T. F. as aforesaid into the said Brewhouse with all the edifices and buidings thereunto belonging and into all and singular the Lands Tenements and Hereditaments with the appurtenances in the above recited Indenture specified and contained and into every or any part or parcel thereof to re-enter and distrain and the distress or distresses there so taken to lead drive chase carry away impound and the same to keep and detain until the said T.F. and his Heirs and Assigns shall be of the said Annuity or Annual rent of 10 l. and every part and parcel thereof which shall so fortune to be behind and unpayed fully and wholly contented satisfied and paid And the said B. F. doth for him his Heirs and Assigns covenant and grant Covenant if the rent be behind unpayed by the space of 30 days next after the day of payment that thè it shall be lawful for the Grantee to enter into the land and the same to have to him his Heirs and Assigns for ever to and with the said T. F. his Heirs and Assigns That if it happen the said Annuity or Annual rent of 10 l. or any part parcel thereof to be behind and unpaid by the space of 30 days next after the time and day of payment upon the which it ought to be paid as aforesaid That then it shall and may be lawfull to and for the said T.F. and his Assigns into the said Brewhouse with all edifices and buildings to the same belonging and into the said several parts and parcels of Land above specified and into all singular other the premises whatsoever with all and singular the appurtenances in the above-recited Indenture mentioned contained and by the same given granted bargained and sold and every part and parcel thereof to enter and the same to have hold and enjoy unto the said T. F. his Heirs and Assigns unto the only and proper use and behoof of him the said T.F. his Heirs and Assigns for ever And that immediately from and after such default of payment of the said Annuity or yearly rent of 10 l. by the space of 30 days next after the time and day of payment And that after such default in payment as aforesaid all persons seized of the land shall stand seised to the use of the Grantee his Heirs Assigns for ever in which the same ought to be paid as aforesaid as well the said B.F. his Heirs and Assigns as all other person or persons whatsoever which now are or at the time of default in payment or at any time hereafter shall be seized of and in the said Brewhouse with all the edifices thereunto belonging and of and in the said several parts or parcels of land above-recited and of and in all and every other the said premises whatsoever with all and singular the appurtenances in the said recited Indenture specified and contained shall stand and be seized of and in the same to the only use and behoof of him the said T. F. his Heirs and Assigns for ever and to no other use or uses intent and purports whatsoever Proviso that if the grantor do pay 60 l. at such a day that then this Grant shall be ●oid Provided always that if the said B. F. his Heirs or Assigns or any of them do content satisfie and pay or cause to be well truly contented satisfied and paid unto the said T. F. his Heirs and Assigns the entire sum of 60 l. of current English money at or upon the second day of May which shall be in the year of our Lord according to the computation of the Church of England c. at or in the South porch of the Parish Church o● S. aforesaid That then and from thenceforth as well the said Annuity or Annual rent of 10 l. as also all and every other action clause condition and agreement in these present Indentures specified and contained shall be utterly void frustrate and of none effect Covenant that t●e grantor was lawfully seized of the premises out of which c. of a good estate in law in see-simple and determined in Law to all intents constructions and purposes any thing before specified to the contrary notwithstanding And the said B. F. doth for him his Heirs Executors Administrators and Assigns covenant and grant to and with the said T. F. his Heirs and Assigns that the said B. F. is at the time of the ensealing and delivery of these presents lawfully seised of and in the premises out of which the said Annuity or Annual rent is granted as aforesaid and every part and parcel thereof And that the premises out of which c. are so shall continue acquitted discharged of all charges incumbrances c. of a good sure and perfect estate in Law in Fee-simple And that the said Brewhouse edifices buildings lands Tenements Hereditaments and all other the premises out of which the said Annuity or Annual rent is granted and every part and parcel thereof at the time of the date hereof and at the time of the ensealing and delivery of these presents are and so shall be and continue acquitted discharged and otherwise sufficiently saved harmless of and from all and all manner of charges and incumbrances Covenant that the granter hath not don nor will not do any act or thing wherby to frustrate this grant whereby the Annuity or Annual rent granted unto the said T. F. as aforesaid may or shall be frustrate overthrown or by any way or means whatsoever determined And the said B. F. doth further for him his Executors Administrators and Assigns covenant and grant to and with the said T. F. his Heirs Executors Aministrators and Assigns That he the said B. F. hath not heretofore committed or done or will hereafter commit or do any act or acts thing or things whatsoever whereby the said Annuity or Annual rent granted unto the said T. F. as aforesaid shall or may be by any way or means impeached And that the granter will pay or cause to be paid this rent according as it is before granted frustrated or determined And also that he the said B. F. his Heirs
with th' appurtenances one Barn one Hay-house called a Lodge with all edifices to the said Messuage belonging or appertaining one Garden one Orchard and 9 pieces or parcels of Land Meadow and Pasture with th' appurtenances containing in the whole by estimation 20 acres of Land Meadow and Pasture be they more or less situate lying and being in the Parish of R. in the aforesaid County of K. and abutting on a certain Lane there called M. lane leading between L. N. towards the West to the lands of R. L. and R. S. towards the South the Lands of the said R.G. towards the East North as by the met●s and bounds thereof they are divided are set forth well known To have and to hold the aforesaid Messuage or Tenement with th' appurtenances the aforesaid Barn Hay-house called a Lodge the aforesaid Garden Orchard and the aforesaid 9 pieces or parcels of Land Meadow and Pasture with th' appurtenances and all other premises whatsoever with their and every of their appurtenances aforesaid to the said L. T. his Heirs and Assigns for ever to hold of the chief Lord of the Fee thereof by the services thereof heretofore due and of right accustomed And I the aforesaid T.H. and my Heirs the aforesaid Messuage or Tenement with th' appurtenances the aforesaid Barn Hay-house called a Lodge the aforesaid Garden Orchard and the said 9 pieces or parcels of Land Meadow and Pasture with th' appurtenances other the premises whatsoever with every of their appurtenances to the said L. T. his Heirs and Assigns against me and my Heirs and all other men will warrant and for ever by these presents defend In witnesse c. Livery upon the Deed of Feoffment PEaceable possession and seisin of the Messuages Lands and ●●●er the premises contained in this Deed was delivered by the within-named T.H. to the within-named P. W. and to his Heirs according to the form and effect of this Deed in the presence of us whose names are underwritten And when it is by Attorney thus PEaceable possession and sesin of all and every the premises in this Deed contained was delivered the 9th day of Iune in the year within written by R. S. and N. B. within-named Attorneys of the said I. D. within named to the raid E. H. according to the force form and effect of this Deed in the presence of those whose names are under-written ¶ A Bargain and Sale upon Condition for the payment of a certain sum of money upon a day by the Rendor to the Rendee with Warranty against all Men in manner and form of an usual Indenture of Morgage THis INDENTURE made c. Between W.L. of H. in the County of S. Yeoman of th' one part and T. S. of L. in the said County Yeoman on th' other part Witnesseth that the said W. L. in consideration of the sum of c. of c. to him the said W. by him the said T. S. before the ensealing and delivery of these presents well and truly in hand paid whereof and wherewith the said W. L. acknowledgeth himself to be fully satisfied c. hath given granted bargained and by these presents doth give c. unto the said T. S. all that the Site and Manor of L. with the appurtenances lying and being in H. aforesaid and all and singular those lands tenements rents services and hereditaments whatsoever in H. aforesaid being part parcel or member of or belonging to the said Site or Manor of L. containing in the whole by estimation c. and all and singular the lands tenements and hereditaments in L. aforesaid called and known by the name of c. And further the said W. L. hath for the consideration aforesaid given granted c. unto the said T. S. the reversion and reversions remainder and remainders of all and singular the said Site and Manor and of all other the premises before by these presents mentioned to be bargained and sold And all rents services and other thing reserved upon or payable by reason of any demise or lease of the said premises or any part thereof To have and to hold all and singular the said Site and Manor c. before by these presents mentioned to be bargained and sold with all and singular their appurtenances unto the said T. S. his Heirs and Assigns for ever And the said W. L. doth by these presents for him his Heirs c. Covenant and grant to and with the said T. S. his Heirs Covenant that the bargainor is seised of a good indefeasible estate in fee-simple that he had full power in his own right to bargain sell the premises c. and every of them in manner and form following that is to say that he the said W. L. is at the time of th' ensealing and delivery of these presents and at the time of the first estate thereof to be made executed or conveyed unto the said T. S. lawfully seized in his own right and to his own use of and in the said Site Manor of L. and of and in all and singular the Lands Tenements and Hereditaments and other the premises before by these premises mentioned to be bargained sold with the appurtenances of in every part thereof in his Demesne as of Fee-simple of a good sure lawfull rightfull absolute and indefeasible Estate without condition morgage or limitation of use or uses and at the time of th' ensealing delivery of these presents hath and at the time of the first estate thereof to be made exempted or conveyed shall have full lawfull and rightfull authority in his own right to bargain sell and convey the said premises and every part thereof And that the premises are and so shall continue clearly acquitted and discharged or else sufficiently saved harmless from all former Bargains Sales Feoffments c. Charges c. except the Rents due to the Lords of the Fee and the Dower of the Mother of the Bargainer unto the said T. S. and his Heirs according to the purport or effect of these presents and that the Site and Manor of L. and all other the Lands Tenements Hereditaments and premises before-mentioned to be bargained sold at the time of th' ensealing delivery of these presents be from time to time at all times hereafter shall continue remain be cleerly acquitted and discharged or by the said W.L. his Heirs c. sufficiently saved harmlesse and indempnified of from all manner of Bargains Sales Feoffments Alienations and from all manner of Estates Tails Vses Statutes Merchant and of the Staple Recog Judgements Condemnations Annuities Rent-charges Rent-secks Arrerages of Rents Conditions Forfeitures Entries or Re-entries for Condition or Conditions broken Joyntures Dowers titles of Dower and of and from all other interests titles charges and incumbrances whatsoever before the ensealing and delivery of these presents had made done committed or executed or at any time hereafter before
times hereafter before the full and perfect execution of such good and perfect estate of the said premises as by these presents are meant to be had made done executed and conveyed unto the said A. L. his Heirs and Assigns shall be had made done committed or executed by the said I. T. I. S. the Father c. or by either or any of them or by the right estate consent means or procurement of them or either or any of them The said old and accustomed rents customs and services before excepted and the said Lease for term of years made unto the said I. L. always excepted Or else if the said I. L. his Heirs or Assigns shall at any time or times hereafter happen to be damnified by reason of the act or acts person or persons aforesaid or every or any of them then the Vendor to make satisfaction as followeth of any the Rents Arrerages Statutes Recog Iudgements Executions Fines Issues Americiaments Intrusions Interests Titles charges or incumbrances last before recited except before excepted That then and so often he the said I. T. his Heirs Executors Administrators Assigns or some of them shall will after such damnification had and sustained within the space of c. next after notice thereof and request therefore to be made to the person of the said I. or of his Heirs Executors or Administrators or else by open publication in the Parish Church of W. in the said County upon some Sunday in the forenoon in the presence of 10 of the Parishioners of W. aforesaid at the least by the said A. L. his Heirs c. or any of them well and truly content satisfie and recompence or pay unto the said A. L. his Heirs and Assigns and his and their or one of their Executors and Administrators or some or any of them at one whole payment at or in the Church Porch of R. aforesaid all such damages as the said A. his Heirs or Assigns thereby or by reason of the same then or before that time shall have sustained or then shall or may thereby sustain And moreover the said I. T. for him his Heirs Executors Administrators and Assigns covenanteth and granteth to and with the said A. L. his Heirs and Assigns by these presents that if the said Freehold and Inheritaace of the said capital House or Tenement and other the premises before by these presents mentioned to be bargained and sold or any part thereof shall at any time or times hereafter happen to be by any former title grown or accrued before the delivery of these presents or by reason of any act or thing had made or done or suffered before the delivery of these presents without fraud or covin on the part and behalf of the said A. L. his Heirs or Assigns or any of them by any lawfull Action Sute Iudgment Execution or Entry lawfully recovered or evicted from the said A. L. his Heirs or Assigns or by any person or persons other then by the said I. T. and I. S. the Father or either of them and other then by the Heirs and Assigns of them or any of them or claiming in by from or under them either or any of them and other then by the Ancestor or Ancestors of the said I. T. his Heirs or Assigns or any of them That then the said I. T. his Heirs Executors Administrators or Assigns shall and will after such recovery eviction or expulsiō within the space of c. next ensuing such notice thereof as aforesaid given well and truly pay or cause to be payed unto the said A. his Heirs or Assigns or his or their or one of their Executors Administrators or Assigns at or in the Porch of the Parish Church of R. aforesaid in manner and form following that is to say so many sums of c. of c. as there shall be acres of the premises before mentioned to be bargained and sold so recovered or evicted as aforesaid except the capital messuage or tenement if the same or any part thereof shall happen to be as aforesaid recovered or evicted or the said A. his Heirs or Assigns to be of the freehold or inheritance thereof as aforesaid lawfully expulsed or evicted the sum of c. of lawfull c. An Indenture to lead the use of a Fine of some part of the premises and to lead the use of a Recovery of the residue the use of some part of the premises to be to the Vendee absolutely and of the residue but upon Condition for the assurance of certain money hereafter to be payed by the Vendee unto the Vendor THis INDENTURE made c. Between H. P. of c. of th' one part and I. F. of th' other par● Witnesseth That for and in consideration of c. And also for divers good causes and considerations hereafter mentioned it is convenanted granted concluded condiscended and fully agreed by and between the parties to these presents and either of the said parties do by these presents for them their Heirs Executors Administrators and Assigns covenant grant conclude and condiscend in manner and form following that is to say That the said H. P. shall before the first day of c. next ensuing these presents at the costs and charges in the law of the said I. F. his Heirs and Assigns before the Justices of Common-pleas at West acknowledge and levy one Fine sur cogniz d. droit com ceo que il ad deson don with proclamations according to the form of the Statute in that case provided That part of the Indenture which is to lead the use of the Fine in due form of Law to be levied unto the said I. F. of all that his house water-mill and parcel of ground containing by estimation one acre situat and being in B. in the said County of S. aforesaid by such number names of acres quantity of land as in the said Fine so to be levied shall be conteined which said Fine so to be levied and the execution thereupon to be had shall be to the only use and behoof of the said I. F. his Heirs and Assigns for ever and not to any other use or uses And further that he said I. F. shall before the first day of c. next ensuing the date of these presents at the costs and charges in the Law of the said I. F. purchase and sue forth against him the said H. P. one original writ of E●tre sur disseisin in l' post retornable before the said Justices of the said Court of Common-pleas That part which is to lead the use of the Recovery to demand against him the said H. all those the Manors Messuages Lands Tenements Meadows Pastures Woods Underwoods Rents Services Hereditaments called or known by the name of B. with the appurtenances situat and being in S. aforesaid and all other the messuages lands tenements meadows pastures feedings woods commons wayes waters rents reversions services Court leets liberties and
said M. will thereunto agree And the said R. T. doth covenant and grant to and with the said H. F. that the said M. shall likewise before then said c. next c. marry and take to Husband the said H. F. if the laws of holy Church will that permit and the said H. will thereunto agree Covenant that he is seised of a sure indefeasible estate in Fee-simple in his own right that he had full power to convey the Lands according to the intent of these presents And further the said H. F. doth for him his Heirs c. covenant and grant to and with the said R. T. his Heirs c. that he the said H. F. is at the time of th' ensealing and delivery of these presents seised in his demean as of Fee in his own right of a good sure lawfull rightful absolute and indefeasible Estate in Fee simple without condition morgage limitation or alteration of use or uses of and in all and singular the Messuages c. hereafter mentioned with th' appurtenances that is to say of and in all those parcels of c. with all and singular their appurtenances now in the tenure of c. containing in all by estimation c. and do lie and be in the Parish of c. And that the said H. F at the time of the ensealing and delivery of these presents hath full power and lawfull authority in his own right to convey and assign all and singular the lands c. and other the premises aforesaid in manner form in these presents expressed according to the intent of these presents And moreover that the said H. F. doth by these presents for him his Heirs c. in consideration of the said marriage so to be had and solemnized and for the full and entire joynture of the said M. and in recompence and satisfactiō of all the Dower and title of Dower which she the said M. may at any time hereafter claim challenge or demand of in or out of any Lands c. of the endowment of the said H. and for the advancement of the said M. and of the Heirs males of the body of the said H. upon the body of the said M. to be begotten And for divers other good causes considerations him thereunto moving doth covenant and grant to and with the said R. T. his Heirs Executors Administrators and Assigns in manner and form following that is to say that the said H. F. his Heirs and Assigns and all and every other person and persons whatsoever which at the time of th' ensealing and delivery of these presents stand or be or at any time hereafter shall stand or be seised of and in all or any part of the said Lands Tenements and Hereditaments and other the premises shall immediately from and after the said marriage solemnized And that the lands are and so shall continue discharged or saved harmlesse frō all former bargains c. and incumbrances the Rents due to the Lords of the Fee one Lease of the premises excepted stand and be of all and singular the said Lands tenements Hereditaments all other the premises with th' appurtenances seised to the only uses and intents hereafter in these presents expressed or limited and not to any other use or intent that is to say to the use of the said H. F. and M. for and during the term of the natural lives of the said H. M. and of the longer liver of them And of the heirs males of the body of the said H. upon the body of the said M. lawfully to be begotten and for default of such issue to the right heirs of the said H. F. for ever And that the said Lands Tenements Hereditaments and all singular other the premises with th' appurtenances at the time of th' ensealing and delivery of these presents be and from time to time and at all times hereafter shall continue remain and be clearly acquitted and discharged or by the said H. F. his Heirs c. sufficiently saved and kept harmlesse and indempnified of and from all and all manner of bargains c. and incumbrances whatsoever before the ensealing and delivery of these presents had made don knowledged committed executed or willingly or wittingly suffered by the said H. F. his Heirs or Assigns or by any other person or persons whatsoever the rents and services from henceforth to grow due payable for the premises or any part therof to the Lord or Lords of the Fee or Fees therof And one Lease of c. wherupon the yearly rent of c. is reserved and shall during all the said term be payable only excepted and fore-prized And moreover that the said H. F. his Heirs and Assigns And that he will upon reasonable request make farther assurance and all and every other person and persons any estate interest or thing having or lawfully claiming to have by from or under the said H. of in or to the said premises or any part thereof other than the said lease for or concerning any the said interest or term of years before excepted and not otherwise shall and will from time to time and at all times hereafter during the space of c. next c. upon reasonable request and at the costs and charges in the law of the said R. T. his Heirs of Assigns knowledge c. ut antea or of any part thereof to the said R. T. his Heirs or Assigns as shall be nominated or appointed to the uses and intents before in these presents expressed be it by Fine Feoffment Recovery with Voucher or Vouchers c. ut antea as by the said R. T. his Heirs or Assigns or by his or their learned Counsel in the Law shall be reasonably devised or advised and required And further that the said H. F. shall not at any time or times hereafter make or convey or procure to be made or conveyed And that he will not do or cause to be done any act or thing whereby to defeat this conveyance so that the lands may not deseend remain come c. according to the limitation in this conveyance any estate or estates of the premises or of any part thereof to any person or persons in Fee-simple Fee-tail or for term of life or lives or make any di●continuance of nor otherwise defeat avoid or annihilate the estates before in these presents limited nor any of them nor shall make do commit execute or wittingly or willingly suffer to be done made committed or executed any act or acts thing or things devise or devises whatsoever whereby all or any part of the said lands tenements hereditaments and other the premises shall not or may not be enjoyed and continued remain descend come and be according to the limitation aforesaid and according to the true intent and meaning of these presents In witnesse whereof c. A Bond to the Sheriff for appearance in Banco
aforesaid by payment c. of lawfull c. at the time of sealing of these presents Seisin given of the rent in the name of seisin of the rent aforesaid Provided alwayes neverthelesse that this present Writing indented or any grant or thing in the same contained Proviso not to charge the person of the Grantor shall not extend to charge the person of me the said I.G. or my Heirs but only to charge my lands or tenements c. In witnesse c. A Deed of Morgage with general Warranty TO all c. Know ye me the aforesaid T. for divers c. have given granted c. to G.C. of c. all those pieces or parcels of land called or known by the name of R. alias R. or by what other name or names the same are called or known containing by estimation c be the same more or lesse situate lying and being in the Parish of c. and abutting and hounding in manner and form following that is to say c. all and singular which aforesaid premises I the said T. lately purchased of one E. M. To have and to hold all and singular the said premises with th' appurtenances unto the said G.C. his Heirs and Assigns for ever to the only proper use and behoof of the said G.C. his Heirs and Assigns for ever of the chief Lord of the Fee thereof by the service for the same due and of right accustomed under this Condition following that is to say that if I the aforesaid T.I. my Heirs Executors Administrators or Assigns shall pay or cause to be paid unto the said G.C. his Executors Administrators or Assigns in and upon c. at or in the now dwelling-house wherein the said G. now dwelleth situate in B. aforesaid the sum c. at one intire payment that then and from thenceforth it shall be lawfull for me the said c. my Heirs and Assigns into all the aforesaid premises with th' appurtenances or into any parcel thereof to re-enter and the same to have again repossesse and enjoy as in my former estate And that then and from thenceforth this present Writing indented and all and every thing therein conteined together with the seisin thereupon had and delivered shall cease be frustrate and of no value in the Law any thing before in this present writing indented conteind to the contrary hereof notwithstanding And I the aforesaid T.I. and my heirs all and singular the aforesaid premises with the appurtenances to the aforesaid G.C. and his heirs against all men to the use and intent of these presents will warrant and for ever defend by these presents In Witnesse c. A Letter of Attorney to be conteined in a Deed for the delivery of Seisin ANd moreover Know ye that I the aforsaid A. B. have made or dained constituted in my place put my loving Friend in Christ T. B. and R. L. of c. Gent. my true and lawfull Attornies jointly and severally for me in my stead in my name and to my use to enter into all and singular the aforesaid premises with the appurtenances before by these presents mentioned to be delivered or confirmed or into any parcel thereof in the name of all and singular the aforesaid premises with th' appurtenances and full and peaceable possession and seisin for me in my stead in my name and to my use to take and such possession and seizin thereupon taken and had of all and singular the premises with the appurtenances before by these presents mentioned to be delivered or confirmed for me in my stead and in my name to the aforsaid R. M. or to his Attorny in this behalf to deliver according to the tenor force form and effect of these presents ratifying and by these presents all and whatsoever my said Attorneys joyntly or either of them severally shall do c. in the premises In witnesse c. ¶ A Release of a Right and Title to Land As also of Conditions and Titles of Entries or Re-entries c. TO all c. Know ye that I the said I. for divers causes and consideration c. have remised released and altogether for me and my Heirs have quit claimed unto W. B. of c. in his full and peaceable possession and seisin being and to his Heirs and Assigns all my right estate title claim use interest and demand which I th' aforesaid I. any time had have or in any wise for ever may have or my Heirs at any time hereafter may have of or in one Messuage c. with th' appurtenances situate lying c. and abutting and bounding in manner and form following that is to say c. containing in the whole by estimation c. whether it be more or lesse Know ye moreover that I the said I. S. for the Consideration aforesaid have remised released and always for me and my Heirs have quit claimed to the aforesaid W. B. his Heirs and Assigns all and all manner of Conditions Entries Re-entries Forfeitures and other Demands whatsoever which I the aforesaid I. have or in any manner hereafter may have of to or in the aforesaid Messuage c. with th' appurtenances or out of in or to any parcel thereof by vertue or reason of any thing cause or matter made or accrued whatsoever from the beginning of the world until the day of the date of these presents So c. that neither I the aforesaid I.S. my Heirs nor any other by us for us or in our names any right estate title claim use interest or demand of and in the said Messuage c. and other the premises nor in any parcell thereof may or ought to require claim or challenge but from every action right title claim use interest or demand to the aforesaid premises or to any parcel therof we are altogether excluded by these presents In witnesse c. A Condition for the better enjoying of lands granted by the Deed only conteining the effect of divers usual Covenants THe Condition c. that whereas th'above bounden T. B. did by his Deed bearing date c enfeoff th'above-named H.P. of one principal Messuage and of certain lands in the said Deed mentioned situat in S. abovesaid to be had to the said H. his Heirs and Assigns for ever upon a certain condition in the said Deed expressed That he was seised of a sure rightfull estate in Fee-simple in his own right had full power to make this grant That they are shall be discharged or saved harmless from all former bargains c. and incūbrances the rents to the Lords of the Fee and one Annuity excepted as by the said Deed more at large appeareth If therefore the above bounden T.B. were at the time of the delivery of the said Deed and of seizen and state delivered unto the above-named H.P. of the said Messuage c. and other the premises in the said Deed lawfully and rightfully seized in his own right
committed in about or concerning the premises In witnesse whereof c. An Indenture that the Grantor shall infeoff another person before a day limited in the Indenture of certain Lands with general Warranty to such uses as shall be limited by the Feoffment THIS INDENTURE made c. Between I. A. c. of th' one part and I. W. c. of th' other part Witnesseth that the said I. A. in consideration c. And the said I. A. doth by these presents for him his Heirs Executors Administrators and Assigns Covenant and grant to and with the said I. W. his Heirs Executors Administrators and Assigns in manner and form following that is to say that he the said I. A. shall and will before c. upon reasonable request and at the costs and charges in the Law of the said W. by Deed infeoff I. E. the younger of c Yeoman and G. A. of c. of and in all those c. whether more or lesse and bounding and butting in manner and form following that is to say c. as the marks and bounds divide and shew to be had and holden of the said I. E. G. A. their Heirs and Assigns to such use and uses Covenant that the bargainor is and at the time of a future Feoffment to be made shall be seised in fee or fee tay I general of a lawful absolute and indefeasible estate in his own right c. and in such manner and form as in and by the said Deed of Feoffement shall be limited and declared and not to any other use or uses intent or purpose And the said I. A. doth by these presents for him his Heirs c. Covenant and grant to and with the said I. W. his Heirs c. that he the said I. A. at the time of the ensealing and delivery of those presents is and at the time of seison and state thereupon execute according unto the purport of the said Deed of Feoffment shall be seised in his demean as of fee-simple or fee-tayl general of a good sure lawfull rightfull absolute and indefeasible estate And now hath and then shall have good lawfull authority and rightfull power in his own right to give grant and convey the said Lands and all other the premises with the appurtenances according to the purport of the said Deed of Feoffment unto the said I. E. and G. A. And to such uses and intents as shall be contained in the said Deed of Feoffment And that such person or persons to whom the use or uses shall be in or by the said Deed of Feoffment limited Covenant that they to whom the uses shall be limited by the future feoffement may peaceably and lawfully enjoy the said Lands c. without any lawfull let c. acquitted and discharged or saved harmless from former bargains c. and incumbrances c. the Rents and services only due to the Lord c. of the fee excepted shall or lawfully may from time to time and at all times after the execution of the estate upon the said Deed of Feoffment to be made peaceably and lawfully have hold and enjoy the said Lands and Tenements and all other the premises with the apurtenances according to the limitation of the uses in the said Deed of Feoffment to be contained without any lawfull let or expulsion eviction or disturbance of the said I. M. his Heirs c. or any other person or persons whatsoever And that cleerly acquitted and dicharged or else from time to time from and after the execution of the said estate by the said I. A. his Heirs c. sufficiently saved harmlesse and indemnified of and from all and all manner of former bargains c. and incumbrances whatsoever had made done executed or committed or before the execution of the said estate to be had made done or committed by the said I. A. his Heirs c. or by any other person or persons whatsoever The rents and services from henceforth due or payable for the said lands and other the premises to the Lord or Lords of the fee or fees thereof only excepted And further the said I. A. his c and all and every other person and persons any estate interest or thing The Common Covenant for further assurance to be made having or lawfully claiming to have by from or under the said I. A. his c. shall and will from time to time and at all times during the space of c. next c. upon request and at the costs and charges in the law of the said I. W. his Heirs c. acknowledge make doe execute or suffer to be acknowledged made done and executed all and every such further reasonable and lawful Act and Acts thing and things devise and devises in the law whatsoever for the further assurance c. and other the premises with the appurtenances to such person or persons their Heirs and Assigns to whom the use or uses of the said premises shall be in or by the said Deeds of Feoffment limited Be it by Fine Feoffment c. as by the said I. W. his Heirs or Assigns or by his or their learned Councel in the Law shall be reasonably devised or advised and required And further the said I. A. doth by these presents bargain and sell unto the said I. W. all and singular the deeds chaters The usual clause of sale of the evidences which concern the title and covenant to deliver them before a day certain writings evidences escripts and minuments concerning only the said premises or any part thereof all or so many of them as the said I. A. or any other person or persons to his use or by his delivery hath in his or their custody or which he may lawfully come by without sute in law And he the said I. A. doth by these presents for him his Heirs c. Covenant and grant to and with the said I. W. his Heirs c. well and truly to deliver the said c. or cause them to be delivered unto the said I. W. his Heirs c. on this side or before that c. next ensuing the date of these presents In Witnesse whereof c. A Deed of Feoffment of the lands before mentioned in the Indenture TO all c. know ye that I the aforesaid c. for diverse Causes and Considerations me especially moving have given c. and by this my present writing indented have confirmed unto I. E. the younger of c. and G. A. of c. all those c. and the reversion and reversions remainder remainders of all and singular the aforesaid Lands and Tenements with the appurtenances before mentioned to be given or confirmed with all and singular their appurtenances to the aforesaid I. E. and G. A. their Heirs and Assigns for ever to the use behoof and intents hereafter in these presents mentioned and declared and to none other uses or intents viz. to the
by these presents mentioned to be bargained assigned and set over with all and singular their appurtenances unto the said W.S. his Executors Administrators and assigns from the day of the date of these presents for and during all such time interest and term of years as are yet to come or be unexpired as he the said E. A. his Executors c. or any of them might have had taken and enjoyed the same if this present grant had never been or made And the said E. A. doth by these presents for him his Heirs c. covenant and grant The usuall Covenant for peaceable and quiet enjoyment without eviction or disturbance c. to and with the said W.S. his Executors c. that he the said W.S. his Executors c shall and may from time to time and at all times hereafter during all the said term of years yet to come or unexpired peaceably lawfully and quietly have hold occupie and enjoy the said Site and all other the premises before mentioned to be granted assigned and set over with all and singular their appurtenances without any eviction or expulsion let or disturbance of the said E. A. his Executors c. or of any of them or of any other person or persons whatsoever any estate interest or term in the said premises or any part thereof having or claiming to have by from or under the said E. A. his Heirs or Assigns or by from or under the said W. A. his Heirs or Assigns Covenant that the Assignor hath neither done nor omitted any thing whereby to forfeit or avoid the lease And further that neither he the said E. A. nor W. his Father their Executors c. not any of them already have not executed committed or suffered or left undone or omitted any Act or Acts thing or things whatsoever whereby the said lease or term of years is forfeited or may be defeated made frustrate or avoided or the estate interest or term of years of the said W. S. yet to come and unexpired therein any ways hindred or adnihilated In Witnesse whereof c. A Grant of an annuity or yearly rent for lives with divers good covenants therein conteined for the better enjoying of the Rent THIS INDENTURE c. Between G.G. of c. and G. G. Son and Heir apparent of the said G. of the one part and H. P. of c. of the other part Witnesseth that the said G. and G. for divers good causes c have given granted and confirmed and by these presents doe give grant and confirm unto the said H.P. his Heirs and Assigns one Annuity or yearly rent of c. of good c. to be issuing and going out of all and singular the Manors c. here after mentioned situate lying and being in the said County that is to say of in out of the Manor or c. Recite the Land to have levy perceive take yearly enjoy the said annuity and yearly rent of c. unto the said H. P. his Heirs c. immediatly from after the decease of A. B. of c. for with during the natural life or lives of c. recite the names of the parties and of the survivor and survivors of them at usual feasts or terms in the year that is to say by even equal portions yearly to be paid at or in the Mansion or Manor-house of c. aforesaid And if it shall happen the said annuity or yearly rent of c. or any part or parcel thereof to be behind unpaid in part or in all over or after any of the said feasts or days of payment in which as aforesaid it ought to be paid by the space of c. next after any of the said Feasts For default of payment of the rent a Nomine poen●e is granted distresse for both irreplegiable or days of payment limited for the payment thereof that then and so often they the said G. G. their Heirs and Assigns shall forfeit and lose to the aforesaid H. P. his Heirs or Assigns c. of good c. in the name of a pein and that then and so often and from thenceforth it shall and may be lawfull to and for the said H. P. his Heirs and Assigns and the said G. the Father and G. the Son do and either of them doth for them and either of them and for the Heirs and Assigns of them and either of them grant that it shall and may be lawfull to and for the said H. P. his Heirs and Assigns as well for the said Annuity or yearly rent of c. as for the said sum or for any part or parcel thereof so as aforesaid forfeited in the name of a pein unto all and singular the said Manors c. or into any part or parcel thereof to enter and distrain and the distresse and distresses there so had and taken from thence lawfully to lead drive and carry away and the same to impound detein and keep irreplegiably until the said H. P. his Heirs and Assigns shall be as well of the said Annuity or yearly rent together with the arrerages thereof if any shall happen to be as also of the said sums of c. so as aforesaid to be forfeited in the name of a pein fully satisfied contented and paid Of which said Annuity or yearly rent of c. the said G. and G. have put the said H.P. in full Seiz●● of the rent given by the Grantor quiet and peaceable possession and seizon by the delivery and payment of c. of c. unto the said H. P. at the time of th' ensealing and delivery of these presents in the name of seizon of the said Annuity or yearly rent before mentioned And the said G. G. the Father and G. the Son do and every of them doth severally by these presents for them and either of them Co●enant that the Grantor is seised of an absolute indefeasible estate of the Lands charged that he hath good and lawful power in his own right to charge them Covenant and grant to and with the said H. P. his Heirs c. in manner and form following that is to say that the said G. the Father at the time of th' ensealing and delivery of these presents is solely lawfully and rightfully seized in his demean as of Fee-simple of a good sure lawfull absolute and indefeasible estate of and in all and singular the said Manors c. and other the premises out of which the said Annuity or yearly Rent before granted is mentioned to be issuing And that the said G. the Father at the time of the ensealing and delivery of these presents had good rightfull power and lawfull authority in his own right to charge the said Manors c. and all and singular other the premises with the appurtenances out of which the said Annuity or yearly Rent is before limited to be granted with the said
out of the said demised premises except before excepted in by from or under the said I. L. according to the purport of these presents not only to content and pay or cause to be contented and paid unto the said I. L. or his Assigns the said several yearly Rents or sums before reserved at the place aforesaid and at the said Feasts in manner and form aforesaid and the sums of c. nomine poenae if any shall happen to be forfeited and due But moreover also for and in respect that the said I. L. is known to be a learned man and very sufficient to preach the Word of God The yearly rent of 20 l. of c. at the place aforesaid at and upon the Feasts of c. by even portions to be paid yearly during the said term And if the said yearly sum of c. or any part thereof shall happen to be behind and unpaid at the place aforesaid by the space of c. next after any of the said two last recited Feasts in which it is limited to be paid as aforesaid then further to forfeit and pay unto the said I. L. and his Assigns the sum of c. more in the name of a pein for non-payment thereof And whereas the said I. L. hath heretofore agreed severally with the several persons here under named that is to say c. that they shall severally have retein and enjoy all their Vicaridge Tithes belonging due or payable to the said Vicaridge or to the Vicar there for the Lands Tenths and other things in T. aforesaid which they held occupied and enjoyed at the time of the said agreement except the Tenths and Tithes of Corn and Grain growing or to grow in the Meadows of all or any the said persons last before mentioned except of the said c. commonly called the Meadow corn they severally paying therefore unto the said Lessor at the place and Feasts aforesaid by even portions in form following that is to say the said c. paying thereof Covenant that where the Lessor had made composition with certain persons to retain their Tithes paying so much that they shall retain them according to the agreement without interruption paying the composition c. Now the said I.C. C.F. c. do for them their Heirs c. every of them doth for himself his Heirs c covenant and grant to and with the said I. L. his Executors c. that the said severall persons with whom the said agreements hath bin by the said I.L. as aforesaid made shall if they so will without let or interruption of the said I.C. C.F. c. or of either or any of them or of the Executors c. of them or of either or any of them have hold and enjoy the said Vicaridge Tithes for which they have agreed for with the said I. L. according to their agreement during the continuance of this present demise without any other payment or charge other than such as they have agreed with the said I. L. to pay as aforesaid So as the said several persons with whom the said agreement hath been made as aforesaid shall and will yearly during the said term if the said I.L. shall so long continue Vicar there well and truly pay unto the said I.C.C.F. c. or to any of thē or to the Exec. c. of the survivor or survivors of thē the said several sums of mony Rents or payments reserved or payable by the said agreement for the Tithes of the said Lands at the Church porch aforesaid at the said four several Feasts viz. c. Covenant that the Vicar shall be resident upon his Cure without being absent above c. in any one year Covenant that the Lessees shall peaceably enjoy without interruption c. and that saved harmles of all former grants except c. And the said I. L. doth for him his Executors c. Covenant and grant to and with the said I.C.C.F. c. and every of them and to and with the executors c. of them and every of them by these presents in manner and form following that is to say that the said I L. during so long as he shall continue remain or be Vicar of the said Parish Church shall be ordinarily resident at and serving the cure of the said Parish Church and Benefice of T. aforesaid without being absent frō thence above c. in any one year and that the said I.C.C. F. c. and the survivor or survivors of them and their Grantees c. aforesaid shall or may for the rent aforesaid and under the covenants grants and agreements in these presents conteined lawfully and peaceably have hold perceive and enjoy the said Vicaridge Tithes and other the premises before by these presents mentioned to be demised except before excepted during the said term without any lawfull eviction or expulsion let or disturbance of the said I. L. or his Assigns and that saved harmlesse of all grants leases and incumbrances heretofore made or committed by the said I. L. or his Assignes The said several grants made and agreed upon by the said I.L. unto the several persons above named for their Tithes and Tenths aforesaid whereupon such several Rents or payments as aforesaid be reserved which shall or ought during the said agreement to be paid or in any wise payable unto the said I.C. C.F. their Executors c. during the said term only excepted and foreprized Covenant that all actiōs depending for or concerning any Vicaridg Tithes shall at the costs of every Plaintiff be withdrawn c. without recovery of costs c. Covenant that wheredebate controversie now is concerning the manner of tithing whether it ought to be in kind or a modus c. this Indent nor any thing therin shall estoppe either the Vicar or parishioners but that the one may claim the Tithes in kind th' other the modus And it is further concluded and agreed by and between the parties to these presents that all such plaints action sutes as are now depending between the said c. and all either or any of the parties to these presents or any other of the Parishioners of the Parish to T. aforesaid for and concerning any matter or cause touching any Vicaridge Tithes belonging or supposed to belong unto the said Vicaridge or Vicar there shall at the cost and charges of every several Plaintiff in every such sute plaint or action be withdrawn discontinued and non-suted without recovery or demand of any costs or damages for or by reason of any such plaint or sute or of any Retraxit non-sute or discontinuance thereof And for that certain controversies have heretofore risen and were at the making of these presents depending between the said I. L and the said parishioners of the Parish of T. aforesaid or some of them touching the Vicaridge Tithes and manner of tything thereof The said I. L. claiming to have the said Tithes
in their kind according to the Common course of the Ecclesiastical Laws and the said Parishioners claiming to be discharged of such manner of Tithing and to pay only in respect thereof certain several sums of money by antient custome time out of mind used in the said Parish as they pretended which said controversies for that the same have not been decided by course of Law but only agreement made by mediation of T.P. and I. C. Esquires and of certain other friends on both parties It is therefore by these presents provided concluded condescended and agreed by and between all the parties to these presents that this Indenture or any thing therein contained shall not in any wise extend or be taken to extend to be any determination dismission or decession of or concerning the right of the said Tithes and Tenths or the manner of Tithing thereof nor to make any full conclusion Estoppel or determination between the said Vicar and his Successors and the parishioners of the said Parish that now be or hereafter shall be but shall only be taken for a personal agreement between them for quietnesse sake so that the said Vicar and his Successors or any of them after the determination of this present demise shall be at liberty to claim and sue for the Tithes of the said Vicaridge in their kind if he or they shall so think good And that the Parishioners of the said Parish which now or hereafter shall be and every of them shall in like manner after the determination of this present Demise be at their liberty to defend such sute and claim and to claim and maintain such customs as they have or claim for their discharge of paying their Vicaridg Tithes in their kind at their pleasure This Indenture or any thing in these presents contained to the contrary notwithstanding In witnesse whereof c. A Letter of Attorney to make Leases and to receive Rents and accompts for the profits of lands making the Grantee Bayliff and Receiver to the Grantor irrevocable for certain years TO all Persons to whom this present Writing shall come I. R of c. sendeth greeting Know ye that I the said I. R. for divers good causes c. have given granted and by these presents do give and grant unto I T. of c. aforesaid in the said County of K. full and absolute power and authority irrevocable for and during the said term of c. from the day of the date hereof next and immediatly ensuing for me and in my name by writing Indented or by several writings Indented or otherwise by paroll as to him shall seem good to demile grant and to farm let all and singular my Messuages Lands Tenements and Hereditaments whatsoever with all and singular their appurtenances set lying or being in the several Parishes of c. or else where soever within the County of K. or part or parcel of the said premises as to the said I. T. shall seem meet and convenient So that the said Lease or Leases do not exceed the number of c. years from the time of the date of these presents And so that the usual and accustomed Rent be yearly reserved and yearly payable unto me the said I. my Heirs and Assigns during the said term And for all other Covenants Grants agreements and conditions to be contained in the said several demises by writings indented or otherwise as to the said I. T. shall be likewise thought most meet and convenient And also in my name to seal and deliver as my deed the one part of all and every such writings indented to be made in form before rehearsed And the one part of the said writing indented which by the said I. T. in my name shall be in form afore rehearsed made to and for my use with him to retain and keep And I the said I. R. my Heirs and Assigns shall at all times hereafter ratifie confirm and allow all and every Act and Acts thing and things which the said I. T. in my name shall do in the premises And further know ye that I the said I. K. have made constituted and appointed and doe by these presents make constitute and appoint for and during the full time and term of c. years from the day of the date hereof next ensuing fully to be compleat and ended the said I. T. my Bayliff and Receiver to my use and behoof of all and singular the Rents issues and profits of all and every my Messuages Lands and Tenements with their appurtenances set lying and being in the said Parishes of c. or else where in the County of R. And furthermore do by these presents in my stead and place put and constitute the said I T. my true and lawfull Attorney irrevocable for and during the said time and term of c. as aforesaid for me and in my name and to my use behoof to ask levy recover and receive all and singular the rents of all my lands and hereditaments with the appurtenances heretofore due and owing unto me and all accompts for the same to take and also to levy and receive to my use as aforesaid all and singular such debts duties sum and sums of money as are or shall be due or owing unto me the said I. R. by any person or persons whatsoever for or in any sort concerning any my Messuages Lands and tenements aforesaid giving and granting by these presents unto my said Attorney full power and authority for me and in my name and to my only use to sue arrest Grant that the Bayliff or receivor shall retain and keep to his own use of the profits of the lands and sums received all his charges and expences sustained about the premises Covenant that the grantor will not revoke not make void this grant nor any authority therein given nor do any thing to hinder the grantee in executing the premises implead and condemn every of my debtors and accomptants aforesaid and at his liberty such person and persons out of prison to deliver or cause to be delivered and upon any receipt of any sum or sums of money to my use to be received of any person or persons as aforesaid acquittance or other lawfull discharges for the same for me and in my stead and name to make seal and deliver as my deed or deeds and I the said I. R. do by these presents for me my Heirs c. grant and agree that he the said I. T. shall keep and detain to his own use of the rents and profits of my lands and tenements and of such sum and sums of money as he shall receive to or for my use by virtue of this my deed all and singular such costs charges and expences whatsover which he shall lay out disburse sustain and be put unto in or about the premises or in or about the executing of this my power and authority by these presents unto him given and I the said I. doe further by
and the moyety of that my one moyety viz. the third part aforesaid c. with their appurtenances to the aforesaid I. and G. their Heirs and Assigns to the use behoof and intent aforesaid against me my Heirs and Assigns and against all other men claiming from me will warrant Aspecial warranty and for ever defend by these present A special warranty In witness c. The Condition of an Obligation to restrain Tenements intailed to be aliened by Fine Recovery or otherwise THe Condition c. that whereas one I. H. of c. within written Daughter-in-Law of the said I. B. hath by her sufficient Deed of Feoffment being of the date with these presents given granted and infeoffed the within named I. B. and one G. S. and their Heirs of and in all and singular the Messuages Lands Tenements and Hereditaments of her the said I. H. lying and being in the Parishes of H. and S. or elsewhere in the said County of K. to the uses intents and purposes in certain Indentures being of the date of these presents made between her the said I. H. of the one part and one I. S. of c. and the said G. S. and I. B. of th' other part mentioned specified limited and appointed and to none other use intent or purpose whatsoever And whereas by the said recited Indenture the use and uses of parcel of the said premises in the said Indenture particularly expressed are mentioned limited and appointed and it is by the said recited Indenture concluded that the said G. S. and I. B. their Heirs and Assign shall thereof stand and be seised to the use and behoof of the said I. S. and her the said I. H. and the survivor of them for and during the term of their natural lives and after their decease to the use and behoof of the Heirs of the said I. S. upon the body of the said I. H. lawfully begotteen and for default of such Heirs by the said I. S. of the body of the said I. H. lawfully begotten to the use and behoof of the said I. S. his Heirs and Assigns for ever And whereas by the said recited Indenture the use and uses of other parcels of the said premises in the said recited Indenture particularly expressed are mentioned limitted and appointed and it is by the said recited Indenture concluded and agreed that the said G. S. and I. B. their Heirs and assigns shall thereof stand and be seised to the use and behoof of her the said I. H. the Heirs of her body lawfully begotten for default of Heirs of the body of her the said I. lawfully begotten to the use and behoof of M. B. Wife of the within named I. B. for term of her life and after her decease to the use and behoof of A. B. and I. B. their Heirs and Assigns for ever as in the said deed of Feoffment and Indenture being of the date of these presents more plainly and more at large doth and may appear If therefore the said I. S. shall levy a Fine or suffer a Recovery or joyn with her the said I. H. in levying of a Fine or suffering of a Recovery of the said premises in the said recited Indenture specified or of any part or parcel thereof Or if the said I. S. shall doe suffer or execute or consent to the suffering or executing of any act or acts thing or things devise or devises whatsoever wherewith or whereby the use or uses of the said premises in the said recited Indenture specified or of any part or parcel thereof shall be in any sort altered changed or transferred to any person or persons in any other manner and form than by the said recited Indenture the same are limited expressed and appointed Or if the said I. S. solely by himself or joyntly with her the said I. H. shall doe or execute or consent to the doing or executing of any act or acts whatsoever be the same by demise for years for life or by any other way or means howsoever wherewith or whereby the said premises in the said recited Indenture specified and every part and parcel thereof shall or may not after the decease of him the said I. S. if she the said I. H. fortune to survive and over-live him the said I. be and remain unto her the said I. D. in possession according to the purport intent and true meaning of the said Indenture That then c. Or otherwise A Grant of a Rent to others to the use of the Feoffees for a Joynture before Marriage THIS INDENTURE c. Between I. S. of c. of the one part and G. S. and I. B. of c. of the other part Witnesseth That whereas the said I. S. is by the grace of God within short space to marry and take to Wife one I. D. of c. aforesaid Daughter in Law of the said I. B. Now the said I. S. for the absolute and perfect Joynture of her the said I. D. and for and in recompence har full satisfaction and discharge of all and singular the Dower or title of Dower which she the said I. D. sall or may be intitled unto in any the Messuages c. of the said I. S. hath before marriage between them the said I. and I. had and solemnized by the assent consent and agreement of her the said I. D. given granted and confirmed and by these presencs doth give grant and confirm unto the said G. S. and I. D. their Heirs and Assigns for and during the term of the natural life of her the said I. D. and to her only use and behoof one annuity or yearly rent of c. of c. to be issuing or going out of c. containing in the whole by estimation c. of land meadow pasture and wood-grounds whether more or lesse situate lying and being in the Parishes of B. and S. in the said County of K. upon the demeans of S. I. and M. and now in the tenure and occupation of one I. C. his Assignee or Assignees And the said premises bound and butt in manner and form following that is to say c. as the meets and bounds thereof do divide and shew To have levy perceive take and yearly enjoy and the said Annuity or yearly rent of c. immediatly from and after the decease of the said I. S. unto them the said G. and I. their Heirs and Assigns for and during the natural life of the said I. D. and unto the use of her the said I. D. and her Assigns during the term of her natural life aforesaid The said Annuity or yearly rent to be paid at or upon the said premises at 4 usual Feasts or terms in the year that is to say c. by even and equal portions And the first payment thereof to begin at the first of the said Feasts which shall happen next and immediatly after the decease of the said I. S. and not before
the said R. H. his executors or administrators shall not or may not recover have the said sum or sums of mony in the said Obligation mentioned and execution or executions of the said judgement all and every such act and acts thing and things whatsoever as is wrought by these presents only excepted and foreprized And that he the said R. H. his executors c. nor either nor any of them Covenant nor to revoke nor by any other way or means to frustrate this letter of attorney no any thing therein contained shall or will at any time or times after the date of these presents revoke countermand disannul or make void or by any other way or means whatsoever make frustrate or adnihilate the said Letter of Attorney nor any liberty licence power authority or thing in these presents contained but shall and will from time to time and at all times hereafter justifie and allow uphold maintain and avow the same and every matter and thing therein contained or thereby covenanted or granted and all and every such sute and sutes execution and executions act and acts thing and things as the said P. M. his executors administrators or assigns shall and will at his and their proper costs and charges take commence prosecute and follow in the name of the said R. H. his exec or adm upon or by reason of the said Obligation In Witnesse whereof c. A Deed of Feoffment of Gavelkind lands by an Infant according to the Custom TO all Christian People to whom this present Writing shall come L.B. of S. in the County of K. Yeoman greeting c. Whereas T. B. Gent late of S. aforesaid deceased Father of me the aforesaid L. died seized in his demesn as of Fee or divers messuages lands tenements and hereditaments with the appurten in S. aforesaid elsewhere in the aforesaid County of K. which were in the tenure and nature of Gavelkind and which after the death of the aforesaid T. B. to one T. B. I. B. and me the aforesaid L. B. Sons and Heirs in Gavelkind of the aforesaid T. our Father by inheritance according to the custom of Gavelkind aforesaid Recital of a partition by Deed inden●pted before the Feoffment descended and ought to descend Of which said Messuage c. and other hereditaments with their appurtenances to us the aforesaid T. B. and me the aforesaid L B. Sons of I. B. aforesaid descended a division and partition between us was made by which division and partition of the Messuages c. in this my Writing indented hereafter mentioned and speci●ied to me the aforesaid L. were allowed assigned unto me for my part and purpart as by certain Indentures tripartite between the aforesaid T. B. the Sons on the one part and the aforesaid I. B. on the second part and me the aforesaid L. B. on the third part bearing date before the date of these presents more fully is manifested and appeareth And whereas also according to the custom of Gavelkind frō the time whereof the memory of man is not to the contrary hath been used and approved Recital of the Custom of Gavelkind whereby the Infant above the age of 15. may make a Feoffment that it should be lawfull for an Heir in Gavelkind when he shall attain to the age of 15 years to give sell the same lands and tenements at their wills Know ye now that I the aforesaid L. B. being of the age of 19 years and upwards according to the custom for and in consideration of the sum of c. of lawfull c. to me the aforesaid L. by I. H. of c. well and truly in hand paid have given granted and sold unto the aforesaid I. H. his heirs and Assigns one messuage or tenement with all the edifices c. sit c. and now or late in the tenure or occupation of c. And also all that my part and purpart of all and singular messuages c. whatsoever with their appurtenances which to me the aforesaid L. B. as Son and Coheir in Gavelkind to the aforesaid T. B. my Father descended or ought to descend situate or being in S. aforesaid or elsewhere in the aforesaid County of Kent To have and to hold the aforesaid Messuage or Tenement together with all and singular the premises with all and singular their appurtenances to the aforesaid I. H. his heirs assigns to the only proper use and behoof of him the said I. his heirs and assigns for ever To be holden of the chief Lord of the Fee thereof by the services for the same formerly due and of right accustomed In witnesse c. An Assignment of an Executorship with Covenants from the Assignee to save harmlesse c. the Assignor also a Grant of an Annuity This Indenture c. Between E. G. of c. and S. H. of c. Executors of the last Will and Testament of I. G. Gent. deceased of th' one part and T. R. of c. on the other part Witnesseth that whereas there have been divers sutes and controversies between the said E. G. and S. H. and the said T.R. as well about the Wardship of F E. and G G. Daughters and Coheirs of the said I. G. as also about the last Will and Testament of the said I. and about certain Legacies therein contained and by the same given and bequeathed unto Dame G. P. now the wife of I. P. Knight and late the Wife of the said I. G. And whereas also there is in the said last Will and Testament a certain clause and appointment for the giving of an accompt by them the said E. and S. This grant was made for the concluding of certain controversies which were betwixt the parties as appeareth by the ●ecital unto the said three Daughters of the said I. G. severally at their several ages of 16 years and unto the abovenamed T R. or unto one of them of the receipts of the rents issues and profits of the lands and tenements of the said I. as in and by the said Will Testament more plainly and at large it doth and may appear Now for a final ending and appeasing of all and singular the said sutes and controversies and for establishing of a perfect agreement between the said parties and to the end and intent that the said last Will and Testam of the said I. G. and his meaning therein declared may thereby the better be performed and fulfilled And also that the said accompt appointed by the last Will and Testament of the said I. to be by the said E. and S. as aforesaid made may be during the life of all the said parties given up and discharged and by means thereof and for and in respect that the debts and legacies of the said I. are at this present almost satisfied and that it may and will the better appear what sums of mony the said Daughters of the said I. will be co receive at
their several ages according unto the last Will and Testament of their said Father It is in upon the consideration aforesaid and divers others covenanted granted and concluded upon between the said parties and every of them their heirs execut administrators and assigns in manner and form following And first the said E. G. and S. H. for and upon the consideration aforesaid and divers others them thereunto especially moving have given granted assigned and set over and doe by these presents for them their executors administrators and assigns give grant assign and set over unto the said T. R. all that Messuage c. and also the reversion and reversions remainder and remainders after the decease of A.G. Widdow late the wife of H. G. deceased and Dame G.P. now the wife of I. P. Knight and late the Wife of the said I. G. or after the decease of either of them and the estate and interest of them the said E. and S. of and in all and singular such Messuages c. called the c. as they the said A. G. and Dame G. P. or either of them by devise conveyance or assurance from H. G. I. G. or either of them have an estate in for term of their lives or the life of either of them the reversion An Assignment of an Annuity or Annual Rent or remainder thereof being by the last Will and Testament of the said I. G. devised and bequeathed unto them the said E. and S. And furthermore the said E. G. and S. H. do by these presents give grant assign and set over unto the said T. R. one Annuity or annual rent of c. issuing and going out of certain lands and tenements sometimes R.V. situate c. and all and singular arrerages of the said annuity or annual Rent And also the levying taking and receiving of all and singular the rents issues and profits of c. situate c. To have c. all and singular the said messuages c. issues revenues and profits and all and singular other the said premises with all and every their appurtenances unto him the said T. R. his executors administrators and assigns for and during the whole time that the said premises are by the said last Will Testament of the said I. G. devised bequeathed unto them the said E. and S. their executors and assigns and so long as and in as ample manner and form to all intents and purposes A grant of an annuity or annual rent until such a one shall come to the age of c. and if she die before her said age then until by computation she might have come to her said age if she had lived so long as they the said E. and S. or either of them their executors or assigns are by the last will and testament of the said I. G. to hold and enjoy the same And furthermore they the said E. G. and S. H. for and upon the consideration aforesaid have given granted and confirmed and do by these presents give grant and confirm unto the said I. R. one annuity or annual rent of c. of c. to be issuing and going out of the Rectory and Parsonage of M. and out of all and singular Messuages glebelands tithes pensions portions and all other Hereditaments whatsoever with all and every their appurtenances unto the said Rectory and parsonage belonging appertaining or with the same at this present or at any time heretofore had used occupied or enjoyed situate c. To have levy perceive receive take and yearly enjoy the said annuity or annual rent of c. unto the said T.R. his exec adm assig for during until E.G. one of the Daughters of the said I.G. shall or may accomplish the age of c. The usual Covenants if she so long live if she the said E. die before her said age of c. for during until so long as she the said E. if she had so long lived might by computation of time have accomplished her said age of c. at 2 usual Feasts and terms in the year that is to say c. and the first payment therof to begin at or on the Feast c A clause if the annu be behind to distrain A prov not to charge the persons of the Assig and that the Assignors put the Assignee in possession by delivery of 6d A clause that the Assignee peaceably enjoy the same without any disturbance or incumbrance whatsoever and also that they the said E G. and S H. their Executors Administrators and Assigns or one of them shall and will well and truly content satisfie and pay or cause c. unto K G. one of the Daughters of the said H. G. Covenant by the Assignors to pay certain legacies given to a certain person thereof to acquit and discharge or save harm●ess the Assignee all and all manner of such legacies gifts and bequeaths as are given and bequeathed unto her the said K. as well by the last will and testament of the said H.G. as also by the last will and testament of the said I. according unto the intent purport and true meaning of the said several last wils and testaments of them the said H. and I. and in such manner and form as the said legacies and bequeaths of them the said H. and I. are limitted and appointed to be paid and not otherwise and thereof and every part and parcel thereof shall acquit discharge or otherwise well and sufficiently save and keep harmlesse and indempnified the said T. R. his heirs executors administrators and assigns A clause that the Assignors Covenant to bring before any Judges all releases deeds wills Covenant by the Assignors to produce the evidences and deliver them to the Assignee the Inventory under their hands and seals to deliver unto him the said T. R. and also all the evidences touching any the Messuages c. which the Assignors have in their hands without sute in Law and the said Releases c. shall be redelivered unto the Assignors c. Now the said T. R. for and upon the consideration aforesaid and to the intent and purpose that the said E. and S. their and every of their executors and administrators may be secured and saved harmlesse of all matters things sutes actions incumbrances and deeds wherewith and whereby they or any of them may be charged and incumbred as being Executors of the last will and testament of the said I.G. and for divers other causes and considerations him thereunto specially moving doth by these presents for him Covenant by the Assignee to save harmless the Assignors from all accompts and charges wherwith the assignors are chargable by reason of the last will c. And from debts legacies his heirs execut administrators and assigns covenant c. in manner and form following that is to say c A clause that the Assignee shall at such times as the Assignors
give up their accompts well and sufficiently save harmlesse the Assignors from all charges c. wherewith and whereby they shall be chargeable for or by reason of the last will of the said I. G. unto any person or persons whatsoever or by reason of any accompt by the Assignors as executors to be made or given up And that the Assignee shall save harmlesse the Assignors from all legacies debts c. whereby the Assignors may be at any time arrested c. A clause that the Assignee shall not only make in writing a true accompt of his rereceipts and disbursements Covenant that the Assignee shall give up a true accompt in writing shall satisfie the arrerages unto the Daughters and Children at their several ages but also shall pay unto the Daughters Children the arrerages which shall be upon his accompt found to be behind remaining in his hands at such days and in such manner and form to all intents constructions purposes as the Assignors by the last Will and Testament of the said I. are limited and appointed Covenant that the assignors shall enjoy all such messuages c during ●he time that the daughters shal remain in ward without disturbance c. to do and perform the same A clause that the Assignors shall enjoy all such Messu c. during the time that the Daughters shall remain Wards without any disturbance of the c. or his Successors or of any other person or persons whatsoever claiming by from or under the c. by committment grant or otherwise howsoever c. by their procurements And also that he the said T.R. his heirs c. shall and will from time to time and at all times hereafter well and sufficiently save and keep harmlesse and indempnified the said E. G. S. H. and either of them their heirs executors and assigns and every of them and their goods chattels Covenant to save harmless the Assignors their goods estates frō all actions incumbrances by reason of any accompt to be made for the rents and profits of the messuages c. devis'd to one the heirs males of his body lands and tenements of and from all manner of sutes actions incumbrances demands whatsoever wherewith or whereby they the said E. and S. or either of them their heirs executors or administrators or either of thē shall or may at any time or times herafter jointly or severally be charged damnified or incumbred for concerning or by reason of any accompt or accompts to be made unto the Children of the said I. or any of them or of any other person or persons whatsoever of any the rents issues revenues or profits at any time heretofore had levied or received or at any time hereafter for and during the wardship of the Daughters of the said I.G. or any of them to be had received levied or taken of the said Messuages c. by the last Will and Testament of the said I. G. specified to be limited devised and bequeathed unto the said E. G. and the heirs males of his body And that he the said E. his heirs c. shall and may for Covenant that the devisee may take the profits of the land during the wardship of the heirs without accompt rendring to any person whatsoever and during the wardship of the said Daughters and heirs of the said I.G. or any of them have take levy and perceive all and singular the rents issues revenues and profits of all and singular the said premises by the last Will and Testament of the said I. G. devised bequeathed unto the said E.G. and the heirs males of his body unto the only and proper use of him the said E. his heirs c. without any accompt or other answering of the said rents revenues and profits by him the said E. his heirs c. during the time aforesaid so to be had levied and received unto the Children of the said I. or any of them or unto any other person or persons whatsoever by vertue or reason of the said last Will and Testament of the said I G. to be thereof or therefore made and given In witness c. A Deed Pool conteining a Feoffment of certain parcels of land which the Feoffor had in t alia assured unto him upon a Common Recovery with special warranty TO all persons to whom this present Deed Poll shall come B. B. of c. sendeth greeting Whereas P. A. of c. and M. his Wife by their Indenture bearing date c. made between them the said P. M. on the one party and the said B.B. on the on the other party did vovenant grant conclude condescend fully agree to and with the said B. B. that he said B. should and might before the Feast of c. then next ensuing the date of the said Indent purchase and sue forth out of the Court of Chancery one Orig. c. reciting the name with the several parcels as in and by the said Indent more plainly and at large it doth and may appear And whereas in the term of Easter the said B.B. did recover the said premises amongst other things by a writ of entry sur diss●isin in l' post against the said P. A. and M. his wife by the name of the moity of one Messuage c. with the appurtenances in B. according to the course of common recoveries to the intent purpose and true meaning of the said recited Indenture as in and by the said record in the Court of Common pleas of Easter term rotul c. more plainly and at large doth and may appear Now know ye that the said B. for and in consideration of c. unto him the said B. by T. I. of c. well and truly in hand paid whereof wherewith he acknowledgeth himself to be fully satified and Paid hath granted enfeoffed delivered and confirmed and by these presents c. doth grant enfeoff deliver and confirm unto the said T.I. his heirs c. the moity or one half of c. with their appurtenances situate c. also all and singular the said premises in the said recovery mentioned by the name of the moity of one Messuag c. with the appur which said moity of the said Messuage and other the said premises the said B.B. hath and holdeth in common together with the said T.I. which said T.I. is lawfully seized in his demean as of Fee of and in the other moity of the said Messuage and other the premises To have and to hold the said moity of the said Messuage c. and all and singular other the premises whatsoever with all and every their appurtenances unto the said T.I. his heirs and assigns to the only and proper use and behoof of the said T.I. his heirs and assigns for ever And the said B. B. and his heirs the said moity of the said messuage c. with the appurtenances against him his
that the premises during the minority of the said Ward are cleerly acquitted from all former bargains made by the said I.T. or by his procurement the rents grants covenants agreements expressed in the said recited Indenture always excepted and foreprized and that the Assignee shall quietly enjoy the premises without expulsion or interruption of any person or persons whatsoever from or under the Assignor And that the Assignor shall permit the Assignee to receive the profits c. and to enjoy the custody wardship and mariage profit and benefit of the said M. as the Assignor might or can be intituled c. And that the Assignor hath not heretofore don or committed Covenant that the assignee at his own charges shall defend the premises and his title therein against any prosecution against the Assignor in the name of the Assignor in such manner as the assignee shall direct the same being not contrary to the Law nor to the Covenants in the said recited Indeture and that the assignor upon request will do c. all lawful acts in and about the same as the Assignor shall direct or shall voluntarily or wittingly do or commit any act or acts release or releases that the assignee shall or may be barred to receive any benefit of all or any the said premises c. contrary to the true meaning of these presents and also that he the said I.T. his excecutors administrators and assigns upon any Bill of traverse and upon all and every sute and sutes to the hereafter prosecuted against him the said I. T. his exec admin and assigns for the impeaching and overthrowing the c. title in or to the said premises shall and will permit and suffer the said I. A. his executors and assigns in the name of him the said I.T. his executors and assigns and at the costs and charges of him the said I.A. his executors and assigns to maintain and defend the same su●e in such sort and manner as the said I.A. his excecutors or assigns shall direct and limit the same not being contrary or repugnant to the law nor the Covenants grants nor agrements mentioned in the said recited Indenture that he the said I.T. his excecutors assigns shall and will in convenient time after request and at the costs and charges in the law of the said I.A. his executors and assigns doe and execute and consent to the doing and executing of all and singular such lawfull act and acts thing and things in and about the same as the said I.A. his executors and assigns shall direct limit and appoint In witnesse whereof c. An Indenture of Grant and Covenant whereby one may discharge some part of land liable to a rent charge and not discharge the residue Notabenè THis Indenture c. Between I. S. of c. on the one part and S.H. of c. on the other part witnesseth That whereas T. G. the elder of c. and P. G Son and heir apparent of the said T. by their deed indented bearing date c. did give grant and confirm unto one G.A. of c. one annuity or annual rent of c. going forth and to be received of all their lands tenements and hereditaments with their appurtenances situate lying and being in c. or else wheresoever within the Commonwealth of England to be had held and yearly received to the said G.A. his heirs and assigns at two terms in the year that is to say c. And the first payment to begin upon the feast of c. next following after the date of the said Deed and that if the said annuity or annual Rent were behind and unpaid in part or in the whole after any of the said feasts in which the same was by the said Deed limi●ted and appointed to be paid that then and so often it should be lawfull to and for the said G.A. his heirs and assigns into all and singular the said lands tenements and hereditaments with their appurtenances and every part and parcel thereof to enter and distrain and the distresse there found to take carry away impound and detain until the said annuity or annual rent and the arrearages thereof if any were with the damages costs and charges by that means sustained were fully satisfied and paid unto the said G.A. his heirs and assigns as in and by the said Deed more at large it doth and may appear And whereas also the estate right title and interest of the said G.A. of in and to the said annuity or annual rent is by lawfull and good conveyance come conveyed and assured unto the said I.S. and his heirs Grant that if the Assignee of the rent shall take or cause to be taken any distresse for the Rent upon the Lands of S. who purchased parcel of the lands liable to the Rent that then the rent should cease and be void Now the said I.S. doth by these presents for him his heirs executors administrators and assigns grant unto the said S.H. his heirs executors administrators and assigns that if he the said I.S. his heirs executors administrators or assigns or any other person or persons claiming in by from or under him the said I. S. his heirs or assigns or by his or their consent assent or procurement shall or do at any time or times after the date of these presents distresse or take cause or procure to be taken any distresse or distresses for the said annuity or annual rent or for any part or parcel thereof or for any the arrerages of the same in any the lands tenements and hereditaments of the said S. H. which he the said S. hath heretofore purchased of the said T.G. and P.G. or either or any of them that then the said annuity or annual rent shall cease and be void in the Law to all intents constructions and purposes And the said I.S. doth further by these presents for him his heirs executors administrators and assigns promise and covenant to and with the said S.H. his heirs Covenant that neither the assignee nor any one claiming under him nor the first grantee or any one claiming under him or any other by his or their consent or p●ocurement shall take any distresse for the said rent upō the lands of the said S. Covenant not to take any judgement for costs or damages or other advantage by ret●● ●ab●nd or by nonsu●e or descent of any replevin now depending c. And that neither the Assignee nor any other by his assent wil prosecute any sute heretofore depending for any distress for the said rent executors and assigns that neither he the said I.S. his heirs executors or assigns or any other person or persons claiming in by from or under him the said I.S. his heirs or assigns nor by his or their commandment assent consent or procurement nor the heirs executors or assigns of the said G.A. nor any other person or persons claiming in by from or under the said G.A.
his heirs executors or assigns or by their or any of their assents consents or procurements shall nor will at any time or times after the date of these presents distresse or take or cause or procure to be taken any distresse or distresses for the said Annuity or Annual rent or for any part or parcel thereof or for any the arrerages of the same in any the lands tenements and hereditaments of the said S. H. which he the said S. hath heretofore purchased of the said P.G. and T.G. or either or any of them And further that he the the said I.S. his exec or assigns neither shall nor will take any judgement for any costs or damages or take any other advantage or benefit by returno habendo or by any other way or means whatsoever for any nonsute or discontent hereafter to be made of any replevin now depending at the site of I. H. Lessee of the said S. against the said I. S. or against any other person or persons whatsoever for any distresse or distresses heretofore for the said Annuity or Annual rent or any part or parcel thereof or any the arrerages of the same and also that neither he the said I S. his excecut or assigns nor any other person or persons by his assent consent or procurement shall or will from henceforth prosecute or cause to be prosecuted any Sute or Sutes heretofore commenced or depending for or about any distresse or distresses heretofore for the said Annuity or Annual rent or any part or parcel thereof or any the arrerages of the same taken In Witness whereof c. A Deed Poll of revocation of uses according to a Proviso by other Indentures as also a limitation of new uses TO all persons c. whereas by certain Indentures bearing date c. made between me the said E.G. of th' one part and W.I. Minister of B. aforesaid R.S. of the said Parish of B.P.M. of c. and P.H. of c. on the other part It was for the causes and considerations in the said Indenture specified covenanted granted concluded and agreed between the said parties to the said Indentures and every of them did covenant grant conclude and agree to and with the other of them their heirs executors and assigns by the said Indenture and amongst other things in manner and form as followeth that is to say First I the said E G. did by the same Indenture for me my heirs executors administrators and assigns and every of them covenant grant conclude and agree c. reciting the words in the Indenture specified In which Indenture there was also one proviso or condition specified and conteined in these words or to this effect as follows that is to say Provided always c. as in and by the said Indenture more plainly at large it doth and may appear And wheras also for the accomplishment and performance of the Covenants grants and agreements in the said recited Indenture conteined the said premises in the aforesaid recited Indenture specified were by one Deed indented purporting a Feoffment bearing date with the said recited Indenture conveyed and assured by me the said E.G. unto the said W.I.R.S. P.M. and P.H. and their heirs unto the uses intents and purposes in the said recited Indenture mentioned and expressed and according unto the true intent and meaning of the said recited Indent as in and by the said Deed it doth and may more plainly and at large appear Now know ye that for as much as the said F.G. Son of I.G. late of R.G. deceased being the party in the aforesaid recited Indenture meant intended and named hath reformed himself and that he the said F.G. hath one E. G. his Son being issue male of his body lawfully begotten at the time of the date and insealing delivery of these presents in full life I the said E. G. according unto the power and authority to me the said E.G. by the said recited Indenture and Proviso in the said recited Indent specified limited given and by vertue thereof have by this my present Deed in writing under my hand and seal and delivered according unto the purport of the Proviso aforesaid in the presence of two sufficient witnesses at the least changed altered revoked and do by these presents change alter and revoke absolutely in the whole the use and uses by the aforesaid recited Indenture unto the said G.H. and his heirs limited and appointed of all singular the said premises with th' appurtenances in the said recited Indent specified and of every part and parcel thereof And I the said E.G. do further by these presents in such and in as ample manner as by any proviso or power of alteration determination or revocation I lawfully may or can absolutely disannull determine and revoke all and singular former conveyance and conveyances assurance and assurances whatsoever heretofore of the said premises in the said recited Indenture specified made or executed and all and singular the use and uses by the said conveyances or any of them to any person or persons of any estate in Fee-simple Fee-tail or otherwise limited or appointed in such and in as ample manner as if the same assurance use or uses or any of them had never been had made or mentioned And furthermore know ye that I the said E.G. for divers good causes and considerations me thereunto especially moving do by these presents for me my heirs and assigns limit and appoint Limitation of new uses that the said W.I.R.S. c. their heirs and assigns and all and every other Feoffee or Feoffees of the said premises in the said recited Indenture specified and contained and all and every other person or persons seized of all or any my messuages c. with the appurtenances or any part thereof shall stand and be seised and that all and singular Feoffments and all and every other former assurance or assurances whatsoever thereof heretofore made shall be and inure and are by the presents declared to be meant and intended to be and inure unto the use and behoof of me the said E.G. mine heirs and assigns for ever any matter or thing in the said assurance contained to the contrary in any wise notwithstanding In Witnesse c. An Indenture by Baron and Feme to levy and limit the use of a fine of the Femes lands THIS INDENTURE c. Between I. G. of c. and I.G. Wife of him the said I. one of the Daughters and Co-heirs of R.B. late of c. deceased of the one part and I.D. of c. on the other part Witnesseth That it is convenanted granted concluded condiscended and fully agreed by and between the parties to these presents And the said I.C. and I. his wife for them their heirs executors administrators and assigns and every of them do by these presents covenant grant conclude condiscend and fully agree to and with the said I.D. his heirs executors administrators and assigns in manner and form
contained Convenant by the under-Sheriff honestly c. to execute the office and to do every thing which may lawfully be done by him withour the presence of the Sheriff and thereof to discharge the Sheriff to execute perform and do all that which to the duty and office of under Sheriff of the said County of S. shall appertain or to the Sheriff of the said County without the personal presence of the said Sheriff may be executed and done and also to receive and take to his own use all manner of duties and lawfull Fees commodities profits and advantages to the same office belonging or in any wise lawfully appertaining during such time as the said I.L. shall continue Sheriff of the said County In consideration whereof the said R. K. for himself his heirs executors and administrators doth covenant promise and grant to and with the said Sir I. L. his heirs executors administrators and assigns and every of them by these presents That he the said R. K. shall and will during such time as he the said Sir I. L. shall continue remain and be Sheriff of the said Counties of S and S. or either of them honestly truly and sufficiently execute and do the office and duty of an under-Sheriff in the said County of S. And shall and will well and sufficiently do and execute for and in the name of the said Sheriff all and every thing and things concerning the office of the said Sher. of the said County of S. which without the personal presence of the ligh-Sheriff may lawfully be done and executed thereof shall discharge the said high-Sheriff his heirs ●exec and admin And that neither he nor his Servant Deputy c will receive or do any thing by colour of his office contrany to the Laws ●ustoms or state of the Realm in prejudice of the Sheriff c. And furthermore the said R. K. for him his heirs executors and administrators and every of them doth covenant promise and grant to and with the said Sir I. L. his heirs executors and administrator and every of them by these presents that neither the said R. K. his servant deputy assignee clark or bailiff by him to be assigned shall or will by colour of his said office deputation or assi●●●ent extort levy receive any manner of thing or things which by the laws customs or statutes of the Realm are or shal be prohibited or not allowed whereby the said Sheriff his heirs executors or administrators or any of them may in any wise be either in their persons goods or lands lawfully defamed impeached Covenant by the under Sheriff to appoint sufficient deputies or attorneys in all Cour●s accuffomed to receive W●ies c. to do every thing concerning them and to make sufficient deputies in all parts of the County according to the laws and stat And that the under Sheriff will give reasonable notice to the high Sheriff of all things to be done by him in his proper person and thereto will be assistant will bear all charges there of except mans meat horse meat Covenant to receive all proces wherewith the high Sheriff is chargeable to collect all fines issues amerciaments c. and to pay the same at such times as the high Sheriff is chargeable to pay the same to his Majesties use and thereof to acquit and discharge the Sheriff charged impaired molested or troubled And further the said R. K. for himself his heirs executors and administrators and every of them doth covenant promise and grant to and with the said Sir I. L. his heirs executors and administrators and every of them by these presents That he the said R. K. shall and will assign and appoint sufficient deputies and attorneys in all Courts accustomed as well to receive writs warrants precepts and Commandements to the said Sheriff to be directed and to make processe thereof and to do all thing and things for the executing serving and sufficient returning thereof and also shall make and appoint sufficient number of Deputies in all parts of the said County of S. according to the Laws and Statutes of the Realm And that he the said R. K. shall and will from time to time give reasonable notice and warning unto the said Sir I. L. of all such things as shall be requisite and necessary for the said Sir I. L. as Sheriff of the said Counties or either of them or by reason of his said offices in his own person to do or execute therein at all times in his own person or by his sufficient Deputy shall be ayding and assisting as well for the doing and executing thereof and the returning thereof As also shall bear and pay all such charges thereof as to the said Sheriff by reason of the said office should appertain except Mans meat and Horse mear And also the said R. K. for himself his heirs executors and administrators and every of them doth covenant promise and grant to and with the said Sir I. L. his heirs executors and administrators and every of them by these presents that the said R. K. his heirs executors administrators or assigns shall and will well and truly from time to time receive all such extracts and processe whatsoever wherewith the said Sir I.L. as Sheriff of the said County of S. is or shall be chargeable to receive and that he the said R. K. his heirs executors administrators and assigns shall and will well and truly collect levy and gather all Fines issues and amerciaments seisures Fee-f●rmes Rents profits certainties Pipe-silver Chequer-silver and all manner of debts duties and demands whatsoever wherewith the said Sir I. L. as Sheriff of the said Counties of S. and S. his heirs executors or administrators their or any of their goods chattels or lands may in any wise be charged or chargeable and the same to pay to c. use at such times as the said Sir I. L. is charged or chargeable to pay the same and thereof and of every part and parcel thereof to acquit and discharge as well the said Sir I. L. his heirs executors and administrators and every of them as also all and singular their and every of their goods and 〈◊〉 chattels manors messuages lands tenements and hereditaments And also that he the said R. K. his heirs executors administrators or assigns shall and will from time to time acquit and discharge And that he will acquit discharge or save harmless the Sheriff c. his goods and lands from all executions of prisoners c. And from all forfeitures fines amerciaments c. by reason of any misfeasons or nonfeasons c. of him his deputy attorney c. And that he will not intermeddle with the execution or returning of any Letters c. from his Majesty or his privy Councel without the direction of the Sheriff Covenant safely to keep the Prisoners committed to his custody until they are delivered to the Goal there safely to be kept by
H. my heirs executors or assigns shall not nor will not at any time hereafter make any claim challenge or demand of in or to the said premises with the appurtenances or of in or to any part or parcel thereof But shall and will from henceforth be thereof and therein utterly excluded by these presents In witnesse whereof c. A Release of Legacies KNow c. That I S. H. of c. Son of I. H. late of T. aforesaid deceased for divers c and for that I am satisfied of all such Legacies Accompts and all such other duties and demands due unto me by the last will and testament of the said I.H. my Father as also by W. H. my Vncle late of T. aforesaid deceased have remised released quite claimed do by these presents for me my heirs executors administrators and assigns release and for ever quite claim unto W. H. of T. Yeoman executor of the last will and testament of the said W. H. deceased his heirs executors and assigns all and all manner of Legacies accompts c. An Indenture of the Commissioners for the assessing and levying of the Subsidie whereby they make one high Collector of many Hundreds THis Indenture c. Witnesseth That Sir E. H. and Sir W. R. Knights and Baronets and E. H. Serjeant at Law Commissioners amongst others in the County of K. assigned by virtue of a Commission to them and others directed for the assessing and levying of the two first subsidies of the five entire subsidies granted to c. in the last Session of Parliament holden at Westminster in the year c. and the subsidies being by the said Act assigned to be paid into the receipt of the Exchequer at or before the tenth day of Iuly last and whereas the Commission for the taxation of the said subsidies came not to the hands of the said Commissioners until after the 10th day of Iuly by reason whereof there could be no assessement made before that time so that the said Collectors could not collect or gather any moneys before the said time Have in the day and year of the date hereof by virtue and authority of the said Commission assigned and deputed W.R. of c. in the said County Gent. high Collector of the hundred of c. with the Township of N. so that the said W. R. shall receive and levy of the subcollectors here under written the whole sums of of their said collection and pay all the said sums except 6 d. of every pound to be deducted according to the tenor of the said Act for the fees of Commissioners and Collectors to the use of c. in the Receipt of the Exchequer aforesaid within one moneth next after he hath received and gathered the same In Witnesse whereof the Commissioners aforesaid to these presents interchangeably have put their Seals the day and year first above written 1628. An Indenture to certain in trust to uses herein mentioned THis Indenture made c. Between A. R. of M. in the County of K. Gent. and E. his wife and I. S. of N. in the County of Middlesex Gent. of the one part and E.H. Serjeant at Law I. H. of H. in the said County of M. Esquire c. on the other part witnesseth that whereas the said A. R. and I. by their Indenture of bargain and sale bearing date c. did grant bargain and sell unto the said E. H. I. H. c. and their heirs all that capital Messuage or Tenement c. recite all the parcels as in and by the said Indenture it doth and may more plainly and at large appear Now this Indenture Witnesseth that the true intent and meaning of the said assurance and conveyance of the said lands premises in the said Indenture mentioned unto them the said E. H. I. H. c. and their heirs to be made was and is upon such trust and confidence as hereafter in these presents is declared limitted and appointed and not otherwise That is to say whereas it is intended and meet that the said E. R. wife of the said A. in respect she the said E. R. wife of the said A. hath at the request of the said A. and for his benefit sold and past away all her own lands and inheritance should have a competency of present maintenance and also the inheritance of all and singular the ●aid premises in the said Indenture mentioned if she fortune to survive the said A. Therefore the trust and confidence in them the said E. H. I. H. c. and their heirs reposed for and concerning the said peece or parcel of land c. is that they the said E. H. I. H. c. and their heirs shall permit and suffer the said A. and E. during their ●o●nt lives to take and receive the Rents issues and profits of the said peece or parcel of land to their own use and benefit and if she the said E. shall fortune to survive him the said A. That then she the said E. shall have and enjoy the said peece or parcel of land with the appurtenances unto her and her Heirs for ever And if it shall fortune the said A. to survive the said E. then the said A. to have and enjoy to him and his heirs for ever and the trust and confidence in the said E. H. I. H. c. and their heirs for and concerning the said capital Messunge c. and all the residue of the said lands tenements and hereditaments in the said indenture mentioned with all and every their appurtenances is and by these presents is declared to be That they the said E. H. I. H. c. their heirs and assigns shall permit and suffer the said E. wife of the said A. to receive and take to her own use and behoof the issues rents and profits of the said capital messuage and all and singular the said premises last recited with every their appurtenances for and during the term of her natural life and if she the said E. shall fortune to survive and overlive the said A. that then she the said E. shall have and enjoy the said last recited premises with the appurtenances to her and her heirs for ever And if it shall fortune the said A. to survive the said E. Then the said A. to have and enjoy the same to him and his heirs for ever In Witnesse c. A Grant of a Bayliwick of levying of moneys and power to make Deputies for the doing of the same TO all Christian persons to whom this present writing shall some G. of c. sendeth greeting Know ye that I the said G. for divers good causes and considerations me hereunto especially moving have authorized constituted nominated and appointed and by these presents do authorize constitute nominate and appoint my true and well beloved Edward Henden Serjeant at the Law my Bayliff of all singular my Liberties within the County of York to take receive collect and gather all
made and given up by the said E H. in writing under his hand and seale ready to be delivered unto the said parties demanding the same on this side and before the 2 day of February then next ensuing the date of the said Obligation as by the said writings obligatory and the conditions therein specified reference being thereunto had doth and may more plainly and at large appear Now I the said E H. taking upon me the burthen of the said arbitrement for a finall and peaceable end between the said parties do by these presents make and publish my order award and arbitrement concerning al and singular the said premises unto me as aforesaid submitted in manner and form following Imprimis I do award arbitrate and order that the said I C. and his assignes shall and may hold and enjoy one house and the lands therewith used and occupied with their appurtenances now in the tenure or occupation of him the said I C. in B. aforesaid without paying any rent or other charge for the same untill the 19 of May next ensuing the date of these presents he the said I C. or his assignes doing no wast upon the same nor plowing any other land then now is allowed And that the said I C. and his assignes shall at or before the said nineteenth day of May next ensuing the date hereof leave and yield up unto the said R A. his heires and assignes the quiet and peaceable possession of the said messuage lands and all and singular the said premises with their appurtenances and cleerly depart and remove off and from the same except such part of the said Land as is now sowne with Corne or graine the which he the said I C. shal and may keep and enjoy untill the next harvest that he may cut and carry away the said Corne and graine and that then he the said I C. shall leave and yield up the quiet possession of such part thereof unto the said R A. his heires or assignes and wholly depart from the same Item I further award arbitrate and order that if the said I C. and his assignes shall and doe at or before the said 19 day of May next ensuing the date hereof leave and yeeld up unto the said R A. his heires or assignes the quiet and peaceable possession of the said messuage land and premises with their appurtenances except as is before excepted according to this order and arbitrement that then the said R A. his heires executors or assignes shall well and truly pay or cause to be paid unto the said I C. his heires executors or assignes at or upon the three and twentieth day of May next ensuing the date hereof in the South porch of the said parish Church of B. aforesaid the sum of 50 pounds of current mony of England Item I also further order and award that the said I C. his executors or assignes shall at or upon the said three and twentieth day of May next ensuing the date hereof by his sufficient deed in writing remise and release unto the said R A. his heirs executors and assignes all manner of actions and causes of actions sutes quarrels variances discords debates debts accompts trespasses claims controversies and demands whatsoever had moved stirred commented or depending between him the said I C. and the said R A. for any matter cause or thing whatsoever from the beginning of the world untill the second day of October last past before the date of this present award And the said R A. his executors or assignes shall at or upon the said 23 of May next ensuing the date hereof by his sufficient Deed in writing remise and release unto the said I C. his heires executors and assignes all and all manner of actions and causes of actions sutes quarrels varian●es discords debates duties a●co●pts trespasses claims controversies and demands whatsoever had moved stirred commen●ed or depending between him the said R A. and the said I C. for any matter cause or thing whatsoever from the beginning of the world untill the said second day of October last past before the date of this present award In witnesse whereof the said E H. to these present Indentures his hand and seale hath put dated the 20 day of January in the year of our Lord God c. Sealed and delivered by the within named E H. the day and year within written in the presence of A sale and confirmation of an estate of a Lease of 100 yeares to an assignee of part of the terme THis Indenture made c. Between T P of B. in the County of K. Clothier of the one part and T P. of M. fuller on the other part Witnesseth That the said T P. for and in consideration of the sum of c. specified and conteined in one Indenture bearing date the 20 day of September Ann Dom. c. made between him the said T P. of the one part and the said T P. of the other part hath given granted bargained sold and confirmed and by these presents doth fully cleerly and absolutely give grant bargain sell and confirme unto the said T P. his executors administrators and assignes all and further estate right title interest and terme of years which he the said T P. his executors administrators or assignes or any or every of them have of in or to one piece or parcell of Land arable and pasture conteining by estimation c. scituate lying and being c. as the meets and bounds thereof on every side do divide and shew forth And also all estate right title interest and terme of years which he the said T P. his heires executors administrators or assignes or any of them have or hath of in or to all these three pieces or parcels of Land conteining by estimation c. lying and being c. and the meets and bounds thereof do divide and shew forth all and singular which said premises were heretofore demised by two severall Indentures of Lease unto I P. Father of the said T P. party to these presents the one by E D. of A. in the said County of K. Esquire bearing date c. and the other by R S. of M. alias M. next S. in the said County of K. bearing date c. for the terme of one thousand yeares as in and by the said severall Indentures reference being thereunto had doth and may more plainly and at large appear To have and to hold all and singular the said estate right title interest and terme of years yet to come and unexpired of him the said T P. his executors administrators and assignes of in or to the said premises with their and every of their appurtenances or of in or to every part and parcell thereof unto the said T P. his executors administrators and assignes for during and untill the residue of the said terme of one thousand years in the said recited Indenture specified and conteined be fully compleat and ended In witnesse c. A
to have continuance during the terms thereof and so that no such lease be made without impeachment of waste by reason of any expresse words to be contained in the same And it is condescended concluded and agreed upon by and between the said parties to these presents and every of them * That it shall be lawfull for the Feoffees to distraine if the rent be unpaid That the conveyance and assurance and the said Feoffees and their heires shall stand and be seised of and in the said Mannors c. so to be charged eased and demised to the use intent and purpose That every such person to whom any such grant or rent shall be made their heirs and assignes shall and may from time to time for non-paiment of the said sverall rents enter into the said Lands and Tenements so to be charged and distraine for the same and the arrearage thereof as in case of a rent-harge and also to the intent and purpose that every such demise and Lease shall be good and effectuall in Law according to the purport and effect thereof So as the Leassees and their assigns do from time to time and all times pay the rent and doe the service reserved thereupon That it shal be lawfull for V G. to revoke the uses and perform the Covenants contained in the same Lease Any thing herein outained c. notwithstanding Provided alwaies that the said V G. shall and may by the license and assent of the said E M. under hand and seale of the same E M. or his heirs first had and obtained in writing alter hange repeale and revoke the user or limitation before-mentioned or any of them and by the same or afterwards by any other con eyan●e limit or appoint such part of the said Mannors c. whereof of any such li●ense shall be had and procured to be to such uses and of and for such Estates and for such person and persons and his or their heires as the said V G. shall by writing Inden●ed sealed with his seale and tubs ribed by him in the presence of three witnesses at the least shall de lare limit or appoint And it is agreed by and between the said parties to these presents that the said con●eyan●es shall be and the said Feossees and their heires after such li ense had and ob●eined and such declaration limitation and appointment had and made to such uses and intents of such Estate and Estates and of such Per on or Persons as by the said V G. shall be declared limited or appointed in manner and form aforesaid Provided that the said signification or declaration or any thing before expressed touching or concerning the altering changing repealing or revoking of the said uses or any of them or the said premises or any part thereof not withstanding that yet neverthelesse all and every demise and demises Lease and Leases in manner and form aforesaid to be made shall stand and remain and be in the severall force strenghts and effects according to the true intent and meaning of the said demise and Lease Any thing sc not withstanding Proviso that it shall be lawfull for S. t. grant the Lands to any body till R S pay him 200l Provided alwaies and it is granted covenanted and agreed by and between the said pa●ties to these presents for themselves and their heires That it shall and may be lawfull to ●nd for the said S. at all or any time or times hereafter during his ●●e a●d pleasure either by his last Will and Testament in writing or by his Deed or Deeds in writing under his hand and seale to give grant assigne de●ise dispose or appoint the said Messuages Lands Tenements Farms and Takings or any part or part o●parcell thereof except unto any person or persons or his or their heirs Execurors or assigns shall or may have take receive or leavy of the rents issues and profits such sum or sums of mony as shall not in the whole exceed or surmount the sum of 200 l. or else untill such Feast of c. in the which R S. the Son or the heirs male of his body lawfully to be begotten and for default of such issue untill the heir of the said R S. the Father shall or will truely content and pay unto the said person or persons or his or their heirs of Assignes such sum or sums money not exceeding the laid sum of 200 l. at the most as the said R S. the Father shall by such Will Deed or Deeds limit expresse or appoint And the r●upon it is covenanted granted and agreed by and between the said parties to these presents for themselves and their heires That the said estate and assurance for and touching the said Lands and Tenements that shall be so given granted conveyed assigned demised disposed or appointed as aforesaid his or their heires c. according to the true intent and meaning of the said Will Deed or Deeds untill such time as the said person or persons or his or their heirs Executors or Assignes shall have take receive and leavy of the Rents issues and profits such sum or sums of mony as shall be limited or appointed of the said R S. the Father or that the said Will Deed or Deeds or untill the Feast of c. in the which the said R S. the Son or the heres males of his body lawfully begotten or for default of such issue c. shall wel and truly content and pay to such person or persons or his or their heires c. such sum or sums of mony as shall be limited or appointed by the said last Will Deed or Deeds according to the true meaning intent and appointment of the same last Will Deed or Deeds and from and after such time or times as the said sum or sums of mony shall or may be le●●ed received or had or otherwise paid and satisfied in sort aforesaid the said estates for and touching the said Lands and Tenements wich shall be given granted conveyed demised disposed or appointed as aforesaid shall be and the said T J. c. shall stand and be thereof seized to such uses be hoose and purposes and of such person and in such Estate sort manner and form as the same should have been remained des ended reverted or come by and according to the true meaning of these presents if his present proviso had never been Any thing c. notwithstanding Provided a wa●es c. that it shall be lawfull to and for the said R. S the Father during his life by writing indented under sea●e or by any other conveyance and assurance in writing or by matter of record to grant convey appoint and assure unto or unto the use of such woman or woman c. ●or Jointure to these ond Wife Provided also Proviso that it shall he lawfull ●or R S. to let L●nds in the re●●re o' C. B. for a lointure or 3 Loves c. that i●
the use of c. for her Joynture and in full recompence and allowance of he Dower and immediately from and after the decease of the said D.A. to the use of him the said B.A. his Heires c. forever Provided alwaies and notwithstanding and it is the true intent and meaning of the said B.A. and of the parties to these presents that it shall and may be lawful to and for said B. A. at any time or times hereafter Aproviso that it shall be lawfull for him to make Leases for 21 years or 3 lives or under at his will and pleasure to demise grant and make any Lease or Leases for the terme of 21 yeares or under or for three lives or sewer of all singular the aforesaid Lands Tenements and Hereditaments and other the premisses with their appurtenances or of any part of parcel of the same which have most commonly been used to be demised or to farm-letten by the space of 20 years last past before the date hereof and whereof at the time of the making of any such Lease and Demise there shall not be any former lease in being and to have continuance above the term of three years or one life at the most so that the said D. A. be made party to every such Leases and Demises And so that the old accustomed rent and rents or more be or shall be reserved upon all and every the said Leases Grants and Demises so to be made of the premises or of any part thereof as is aforesaid to conitnue and be yearely payable during every of the same Leases and termes unto the said B. A. and D. and the Heires and Assignes of the said c. And so alwaies as the said Leases or Demises or any of them be not in any wise dis-punishable of wast And that then and so after the said L. H. and G. H. and their Heires and the survivor of them and his Heires shall stand and be seized of and in all and singular the said Lands Tenements and Hereditaments and other the premisses with their appurtenances and of and in any part or parcel thereof so to be demised and leased to the uses and use of all and every such person and persons to whom the premisses or any part or parcel thereof shall be demised and leased their Executors c. for and during such term and terms therein as shall be limited upon any such Lease or Leases so to be made as aforesaid So that he or they to whom any such Lease or Lease shall be made as aforesaid their Executors c. do well and truly pay or cause to be paid such the same yearly rents and payments as shall be reserved and appointed to be paid upon the making of every or any such Lease or Leases as aforesaid to the said B.A. and D. during the life of the said D. and after her decease to all and every such person and persons to whom from time to time and for the time being the immediated use estate reversion remainder or interest of and in the same or of and in any part or parcel thereof so to be demised or leased as aforesaid shall by and according to the true intent and meaning of these presents next belong revert remain and come or be after the expirations of such several Demises or Leases And shall doe and well and truly observe perform fulfil and keep all and singular the Covenants grants articles conditions and agreements contained and specified in the same Lease Leases and Demises on the tenants part to be observed performed fulfilled and kept according to the true intent and meaning of every such Lease Grant or Demise And so also and upon condition that he or they to whom any such Leases or Leases shall be made his or their Excecutors c. do not at any time or times during his or their several estate or estates of and in the premises or of and in any part or parcel thereof so to be demised or leased commit or make or wilingly or wittingly procure or assent or suffer to be committed or done any manner of wast spoil or destruction in and upon the premises or in and upon any part or parcel thereof which shall amount to the value of 10 s. without the special licence and assent of the said B.A. and D.A. or of such person or persons to whom the immediate use reversion remainder or use thereof shall for the time being be and appertain And also so that he or they to whom any such Lease or Lease shall be made of the premisses or of any part or parcel of the same as aforesaid shall and doe at all times during his or their estate or estates of and in the same well and truely content and pay or cause to be contented and paid to all and every such person or persons to whom from time to time and for the time being the immediate use estate reversion remainder in interest of and in the same shall by and according to the true meaning of these presents next belong revert remain come or be after the expiration or determination of such said several demises all manner of rents services duties and customes which either upon such several Demises or Leases so to be made as aforesaid shall be reserved or otherwise due by reason of the Lands so to be demised or leased or leased according to the true meaning purport and intent of the said several Demises or Leases thereof to be made in manner and form aforesaid A Covenant that if he doe not convey the Lands within a year then the parties seized shall be seized to her use And further the said A. B. for the considerations before in these presents expressed doth for him and his Heires Covenant c. That if he the said B.A. shall not or doe not within the said space of c. next ensuing the date of these presents well and sufficiently convey and assure all and singular the premisses with the appurtenances unto the said L.H. and G.H. and their Heires as aforesaid or shall or doe leave any part or parcel of the premisses not sufficiently conveyed and assured unto the persons aforesaid in manner and form aforesaid That then immediately from and after the end of the said one year next ensuing the date hereof as aforesaid the said B. and his Heires and all and every other person and persons that shall then stand and be seized of and in the premises or of any part or parcel thereof shall stand and be seized of and in all such and so much of the premises with the appurtenances as shall be so lest and not sufficiently conveyed as aforesaid to such and the same uses intents and purposes and with and under such conditions provisoes contingents limitations and liberties as before in these presents are mimited declared and expressed and to none other use intent or purpose In witnesse c. An Indenture of Marriage already agreed upon
estates for touching and concerning the rest and residue of the said Messuages Lands Tenements and Hereditaments cum pertinentiis whereof no use is before by these presents limited appointed or declared shall be and the person or persons c. and his or their Heires or Assignes shall stand and be thereof seized to the use and behoof of the said T.P. for and during the term of his natural life without impeachment of wast and after his decease to the use and behoof of the said T.P. for and during the terme of his natural life without impeachment of wast and after his decease to the use and behoof of the first son and the Heir of his body lawfully issuing and for default of such issue c. If it happen any of the lands aforesaid to belawfully evicted out of her possession then she is to be assured of other lands to their full value Provided alwayes and it is further Covenanted c. that if at any time after the death of the said E P T P the premisses so as aforesaid limited or appointed to or for the Joynture of the said M. or any part or parcel thereof happen by any way or means to be lawfully evicted or divested by recovery or entry or by any other lawful means out of or from the possession or seizin of the said E now Wife of the said E P her Leasee or Assignee by reason other Dower or of any Joynture or estate of the said ε at any time heretofore made or hereafter to be made That then and at all time after the said estates c. and all other assurance whatsoever at any time or times hereafter to be had made or passed in performance of any Covenants grants or articles comprized in these present Indentures shall be and shall endure and shall be construed deemed and adjudged to be and endure And the parties and persons to whom the Covenants and assurances or other assurance of the premises or any part thereof shall be made and their Heires and Assignes shall stand and be seized thereof and in so much of the premises to be chosen out and laid forth by the said M and her Assignes at her and their free liberty and pleasure as shall and may in every respect fully countervail and be equivalent to the said Lands Tenements and Hereditaments so to be evicted or devested out of her possession or seizin by the said E or her Leassee or Assignee unto the use and behoof of the said M and her Assigns for and during the natural life ony of the said E and to no other uses before in these presents specified any thing aforesaid or any thing to be contained in the said assurances estates and conveyances or any any of them to the contrary c. Provided also and it is moreover Covenanted c. That after the decease of the said E if sall and may be lawful to and for the said T at all and every time times and from time to time during his naturall life by Deed indented under his seal to demise grant set and let the said Messuages Lands and Tenements or any part or parcel theof unto any person or persons in possession and not in reversion other then and except the premise before by these presents limited and appointed for the Joynture of the said M and other then c. so as the same grants That it shall be lawful for T. after E's decease to make Leases leases or estates shall not surmount nor exceed the term number of 21 years or three lives from after the making of such Lease or Lease and so as also there shall be reserved upon every such Lease to be yearly paid during the continuance thereof such and so much yearly rents duties and services as are now paid or answered for or out of the same or more And that then the said estates c. and other assurances to be had levied suffered and made by the said E or T or either of them of the said premises to be demsed as aforesaid shall be and shall enure and the said person and persons to be to be named as aforesaid and his or their Heirs or Assigness shall stand and be seized of the premises to be demised from and after the demising or granting thereof to the use and behoof of all and every such person and persons and their Assignes to whom any such demise or demises shall be so made for and during the terme or termers for which the same shall be so demised according to the intent effect and true meaning of such demises and every of them so as the fame person or persons and his and their Executors c. severally and respectively doe and shall well and truly pay or cause c. to such person and persons for the time being as shall be in the next and immediate reversion or remainder of the same Lands and Tenements so to be demised the rents duties and services in the said several Leases to be reserved upon every fuch several daies and times in their said Leases next after the same shall be due and payable and reasonably demanded by him or them in the next and immediate reversion or remainder thereof and doe performe in convenient time after request in that behalfe to be made all Covenants and grants in the same Lease Leases or grants to be contained and to be performed on his or their parts and behalfs shall not wittingly or willingly commit or suffer any wast above the value of c. in any one Tenement so to be demised or letten And from and after such Demises or Leases to be had and made and as they severally end and determine to such further use and uses and in such sort manner and form as are before in these presents limited mentioned and declared for and touching the same any matter or thing ut supra Provided also and it is likewise Covenanted c. that after the decease of the said E P it shall be lawfull to and for the said T P at all times and from time to time during his life by writing indented under seal to grant That it shall be lawfull for T. after E's decease to make his other wives Joyntures convey appoint or assure the said Messuage and Tenement cum pertinenti is commonly called c. and the Lards Demeasnes thereunto belonging or therewith used or occupied for or unto the use of such woman or women as the said T P sahll hereafter marry or espouse for and during her or their life or lives and no longer for and in the name of a Joynture and not dis-punishable of waft reserving therefore yearly the annual rent of c. to be yearly paid during the continuance of the same estate or otherwise by writing indented under seal from time to time at his liberty and pleasure to demise grant and set the same capital Messuage or Tenement and the Lands and
A Proviso that all informations exhibited in the E. and Upper Bench shall be to the only use of R R against any person in such a Town c. and it is agreed c. That in case it shal happen the said R R to exhibite any information against any person or persons dwelling in c. in any Court or Courts except it be sued in the E. the Crown Office or the Upper Bench That then all the benefit and commodity with all such sum and sums of mony as shall come arise or grow by reason of every such information or informations which shall be so sued in the said Town of c. and not elsewhere at the proper costs and charges of the said R R shal be wholly imployed to the proper use of the said R and his Assignes any thing c. Moreover it is covenanted c. the Covenant for Survivorship In witnesse c. A Defeazance upon a Judgement THis INDENTVRE made c. between c. Witnesseth That whereas the said T W hath one recovery or judgement against the said H G in the Court of Upper Bench for 100 l debt 4 l. costs of suit as by the Records in the said Court of Upper Bench in Michaelmas Term last past before the date hereof it doth and may appear Neverthelesse it is agreed between the said Parties and the said T W doth for himself his Executors and Administrators Covenant promise and grant to and with the said H G his Executors and Administrators by these presents If the said H G his Executors Administrators or Assignes or any of them shall and do well and truly pay or cause to be paid unto the said T W his c. the full sum of c. at the now dwelling house of c. on the c. That then the said T W. his Executors Administrators or Assignes shall and will at the proper costs and charges of the said H G his Executors Administrators or Essignes acknowledg satisfaction upon Record of the said recovery or judgment of a 100 l. debt and 4 l. costs of suit Covenant upon satisfaction to seal a Release as aforesaid And the said H G doth Covenant c. That he the said H G. his Executors or Administrators shall and will presently upon satisfaction acknowledged as aforesaid make seal and as his Deed deliver to the use of the said T W his Executors or Administrators a release of errours for or concerning the recovery or judgement aforesaid In witnesse whereof the said Humfrey Gother c. An Indenture of Bargain and Sale of Manors Lands c. Demised by fourth parts to the Grantor and others penn'd by Will. Noy Esquire THis INDENTVRE made c. Betweene c. Whereas Sir Henry Harrington by his Indenture of demise under his hand and Seal for the considerations therein mentioned hath demised granted and to farm letten unto G W of c. the said T G by the name of T G of c. R G of c. R M c. and B W of c. All those the Manors Townes Villages and Hamlets lying and being within the Lordship Countrey Territory or Circuit of Land called or known by the name of c. now being in the County of Wicklow and sometimes being in the County of Dublin and lying in the Country called the Birnes Country that is to say the Manors Recital Townes Villages or Hamlets called by the name of c. or by what other name or names the same be called or knowne by and also all the said Lordship Countrey Territory and Circuit of Land called or knowne by the name of c. in the said County of Wicklow and in the said County of Dublin or in either of them And also all and singular Manors Messuages Grants Cottages Mills Castles Fortillages Lands Tenements Meadowes Feedings Pastures Moors Heathes Groves Woods Underwoods Free-warren Mines and Minerals of what kind soever Markets Faires Tolls Court-leets view of Franks pledge Customes Wards Marriages Reliefs Rents Reversions Services Priviledges Jurisdictions Profits Commodities Advantages Emoluments and all other Hereditaments whatsoever within the said Lordship Countrey Territory and Circuit of Land called c. or to the said Manors Townes or Castles Messuages Lands Tenements and Hereditaments and all other the above recited premises and every or any of them belonging or in any wise appertaining or with them or any of them at any time heretofore used or enjoyed accepted reputed taken knowne or esteemed as part parcel member or appertinent of or to them or any of them and the Reversion and Reversions remainder and remainders of all and singular the premises and every part and parcel thereof Habendum To have and to hold one quarter and full fourth part of all and singular the said Lordship Country Territory and Circuit of Land called c. and of the said Manors Townes Villages Lands Tenements and Hereditaments and of all and singular other the premises above mentioned to be demised granted and to Farme letten in and by the said recited Indenture of Lease into four parts to be divided unto the said G W his c. from the Feast of c. last past before the date of the said recited Indenture of Lease unto the end and term of c. from thence next ensuing fully to be complete and ended without impeachment of or for any manner of waste And one other quarter or full fourth part of all and singular the said Lordship Countrey Territory and Circuit of Land called c. and of the said Manors Towns Villages Lands Tenements Hereditaments and of all and singular other the premises above mentioned to be demised granted and to Farm letten in and by the said recited Indenture of Lease into four parts to be divided unto the said T G his c. from the Feast of c. last past before the date of the said recited Indenture of Lease unto the end and terme of c. thence next ensuing fully to be complete and ended without impeachment of or for any manner of waste and one other quarter or full fourth part of c. ut supra And whereas also the said Sir H H for the consideration in the said Indenture mentioned hath for him his c. given granted bargained and sold unto the said G W T G R G R M. and B W their c. All and singular trees timber trees woods underwoods whatsoever now standing or growing or which at any time hereafter during the said term of c. shal stand and grow in and upon the premises before mentioned to bee demised granted and to farm letten in and by the said Indenture of Lease and in and upon any part or parcel thereof in manner and form following That is to say one fourth or quarter part of all and singular the said trees timber-trees woods and underwoods unto the said G W his c. without impeachment of any manner of waste to the
of c. or his Heirs to make or cause to be made to the use of them the said C H. and M S. and the Heires of the two bodies lawfully to be begotten and for default of such issue to the Heirs of the said C H. for ever a good lawfull and absolute surrender and assurance after and according to the custome of the laid Manour of all that Messuage or Tenement customarily called c. within c. and of all and singular Barns Stables Dove-houses Edifices and Buildings thereto belonging or to or with the same now or at any time heretofore used or occupied as parcell thereof and of all those customary Lands Tenements and Hereditaments as well a●able as pasture and meadow within c. containing by estimation c. or thereabouts be they more or lesse holden by the said Manour of c. sometime in the occupation of I H. or of his Assignes and now in the occupation of the said R B. or of his Assignes and of all other the customary Lands Tenements and Hereditaments within c. aforesaid holden of the same Manour which late were in the occupation of R H. Father of the said I H. and which to him the said I. by right of inheritance as Son and Heir unto the said R H. are descended with all and singular their appurtenances for ever without any condition or other limitation * R. B promiseth to assign a recognizance of 400 l in nature of a Statute staple and also to become bound in an Obligation to C H ●n the sum of c. not to revoke the said assignment And that he the said R B. his c. shall on or before c. also at his and these like costs and charges convey and assign unto him the said C H. one Recognizance in the nature of a Statute of the staple of 400 l. taken and acknowledged the 19th day of c. before c. Knight Lord chiefe Justice of c. payable unto the said R B. And that he the said R B. shall also on or before the said c. become bound by obligation unto the said C. in the summe of c. not to revoke the same assignment nor to receive the said debt of c. or any part thereof nor thereof nor of any part thereof to acquit and discharge the said I H. his Heirs c. of the same Recognizance † And R B. and one S. P. shall also convey and assure unto H. and S. a decimal Portion or Pension with the appurtenances belonging to the Monastery of c. and that H. and S. shall receive the rent thereof untill default of such surrender aforesaid limited upon the solemnizing of the said Marriage for the full satisfaction of the aforesaid stock for H. and portion for M. And furthermore that he the said R B. his c. or one S P. of c. shall also at his or their like charges on or before the said c. enfeoffe confirme and assure unto the said C. and M. and the Heirs of their two bodies lawfully to be begotten and for default of such issue to the right heirs of the said C for ever all that Pension or decimal Portion with the appurtenances lying and being in c. sometimes belonging to the late dissolved Monastery of c. and late parcel of the possession thereof And that he the said C his c. shall have the rents and benefits of the same customary Lands Tenements Hereditaments and of the same Pension or Decimal from the day of the date hereof during and until the said c. Or that in default of such surrender conveyance and assurance within the time above limited as before is expressed shall truly pay unto the said T P his c. on the c. to the use of the said C and M their c. if Marriage shall be in the mean time between them solemnized the summe of c. in full satisfaction as well of and for the said stock of c. so paid into the hands of the said R. As also in satisfaction of the said portion of c. due unto the said M. Or no such solemnization of Marriage between them being then or in the mean time had shall truly unto the said T P. his c. to the use of the said C H his c. the said summe of c. in full satisfaction and discharge of the said summe of c. by the said T P imposed or paid into the hands of the said R B. Now this Indenture further witnesseth that the said R B in consideration of the premises Consideration and Demise and for other good considerations him moving Hath bargained sold c. unto the said T P as well the said Letters Patents and all and singular the premises thereby demised and conveyances thereupon made and passed as aforesaid as also all and singular his right estate title interest use possession reversion property claime terme of yeares and demand whatsoever of in and to the same To have and to hold the said Letters patents and premises thereby demised Habend and conveyances aforesaid and all and singular his right estate title interest use possession reversion property claime terme of years and demand whatsoever of in and to the same unto the said T P his c. from the day of the date hereof forthwards during and until the full end expiration and accomplishment of all the residue yet to come and unexpired of the said term of c. in and by the said Letters patents granted * R B covenants that upon breach or default the premises are to continue unto T P clear from all other and former bargains and also to bee saved harmlesse from all incombrances whatsoever And the said R B for himselfe his c. Covenanteth c. to and with the said T P his c. by these presents That all and singular the premises above by these presents bargained and sold or mentioned or hereby to be bargained and sold the day of the date of these presents and also at the ensealing and delivery hereof are and be and in the day wherein breach or default shal be made of or in performance of the promise aforesaid or in some part thereof shall be and continue unto the said T P his c. clear and clearly acquitted and discharged or otherwise by him the said R B his c. saved harmless of and from all and singular former bargaines sales gifts grants leases forfeitures morgages re-entry cause and causes of forfeiture and re-entry and of and from all other charges titles troubles and incombrances whatsoever had made committed omitted done or suffered or to be had made committed c by the said R B his c or any other person or persons whatsoever The Rent reserved to bee paid by the Leassee Rent reserved upon two Indentures for default of payment also to be and continue to
the said tythe corn before given granted except before excepted That then and from thenceforth all and every the payments of the said sum of c. shall cease and not be paid this Indenture and every covenant and article herein mentioned except the covenant hereunder mentioned shall be utterly void and of none effect any thing c. And the said Parson for him c. doth covenant to and with the said I W his c. by these presents That if the said Parson shal dy and depart this world before all the said Tythe corn except before excepted shal or may conveniently be gathered or inned that then the Executors or Administrators of the said Parson shal and wil wel and truly pay or cause to be paid to the said I W his c. all the charges for the inning and gathering so much thereof as then shall be inned or gathered upon a true accompt thereof to be delivered to the said Executors or Administrators of the said Parson without fraud or covin In witnesse c. A bargain and sale of some Lands as also a Lease of other as also a Letter of Atturney irrevocable for receiving the profits of other Lands for satisfaction of debts Recital of the Bond or Obligation wherein A B is bound for C C. THis INDENTVRE made c. Betweene c. Witnesseth That whereas the said A B at the special instance and request and for the only Debt of the said C D standeth obliged with the said C D and one R D of c. in the summe of c. to one T A of c. for the payment of c. to the said T A on c. next ensuing as by the obligation thereof made bearing date c. may appear And whereas also the said A B at the like special instance and request and for the onely debt of the said C D standeth obliged with the said C and the said R D in the summe of c. to one E R c. for the payment of c. on c. next ensuing as by the obligation thereof made c. ●●●t supra Certain sums of money due to A B from C D. And whereas also the said C D is likewise truly indebted and doth owe unto him the said A B divers several summes of money ●ent by the said A B to the said C at several times amounting in the whole to the summe of c. And also for that the said A B instantly before the ensealing and delivery of these presents hath paid satisfied and delivered the summe of The consideration to save A. B. harmeless c. in ready money to the said C D. Now this Indenture further witnesseth that as well for and in consideration of the discharge of the said several sums of mony due and owing by the said C to the said A B as also for and towards the satisfaction and discharge of the said several bonds whereby they the said C A and R stand severally obliged at the request and for the only debt of the said C and by and through which they the said A and R were and are like to be damnified The Grant The said C D hath given granted bargained sold aliened and assigned and by these presents doth c. unto the said A B his c. all that Messuage or Tenement with the appurtenances called c. situate c. now or late in the tenure or occupation of c. And likewise for the consideration aforesaid he the said C. D. hath granted And also for the consideration aforesaid hath further granted demised and to farm letten and by these presents doth c. unto the said A. B. his c. all that Messuage or Tenement Garden and Orchard with the appurtenances scituate lying and being in c. late in the tenure bolding or occupation of c. Habend To have and to hold the said Messuage or Tenement and all singular the premises with the appurtenances to him the said A. B. his c. for and during all the time and term of c. fully to be compleat and ended if I. Wife of the said C. do so long live A Letter of Atturney to A. B. from C. D. for to receive and enjoy the premises to his own proper use and to let and set the premises according to the custom of the said Manour And the said C.D. for the consideration aforesaid doth hereby authorize constitute and appoint the said A. B. his true and lawful Attourney irrevokable to take receive perceive and enjoy to his own proper use and behoofe all and singular the rents profits commodities and emoluments whatsoever yearly and from time to time comming or arising of all or any the Messuages Lands Tenements and Hered●●●●nts cop●-hold and free hold scituate c. now or late in the several tenures of c. or either of them with free liberty and authority for him the said A. B. to convert dispose and imploy the premises or any part thereof to his own use or by leasing or demising the same yearly or otherwise for any number of years whatsoever to others according to the custom of the Manour wherein the same lyeth will permit and suffer Covenant that C.D. shall suffer the said A. B. to enjoy premises without any let or hindrance or adnulling any authority given And the said C. D. c. doth Covenant c. to and with the said A. B. c. That he the said C.D. shall and will from time to time permit and suffer the said A.B. to enjoy the same premises and every part therof without revocation or adnullation of any authority given by these presents * And C. D. Covenanteth to do all things fitting for the perfecting a good estate And shall at all times and from time to time make do and execute all and every other matter and thing for the assuring and perfecting a good estate in the premises or any part thereof to him the said A. B. for the whole term of c. or any other term of years if I. the Wife of the said C. so long live And the said C D. for the consideration aforesaid hath granted c. unto the said A.B. and his Assigns all and singular the goods plate bousholdstuffe and other things whatsoever of him the said C. D. and I. his Wife or either of them in the said Messuage or Tenement called c. or elsewhere abiding resting or remaining contained mentioned and expressed in a Schedule or Inventory to these presents annexed To have hold and enjoy the same and every part thereof to him the said A B. his c. to his and their sole proper use and behoof And the said C. D. c. Covenanteth c. to and with the said A. B. c. that it shall and may be lawful for him the said A. B. at all times convenient into the said Messuage or Tenement called c. to enter
D. aforesaid as is limited or appointed to or for the Joynture of the said A. or of any part or parcel thereof to any Person or Persons for any term or term of years not exceeding the term of one and twenty years to take effect immediately from the making of such Lease or Leases Demise or Demises So as upon such Leases as much rent the reserved as the Land is worth So as upon every such Lease or Leases so as is aforesaid to be made such and so much yearly rent or rents or more shall be reserved for every parcel or parcels of the premises so to be demised as is mentioned or expressed in a Writing indented bearing date with these presents to one part whereof the said Sir W. B. hath set his hand and seal and to the other part whereof the said N. S. hath set his hand seal the said premises so meant or intended to be demised be rated and valued at to be yearly worth And also that it shall and may be lawful to and for the said Sir W. B. and La. M. his Wife at all and every time and times hereafter during the term of their natural lives when and as often as it shall please them by any Writing or Writings by them to be sealed and subscribed in the presence of three or more sufficient Witnesses to make any Lease or Leases Demise or Demises of so much of the said Manour of D. and other the said Lands Tenements Hereditaments and premises in D. I. H. and H. aforesaid as are not limited or appointed to or for the Joynture of the said A. Covenant that the Recoverees and Recoverers shall stand seized to the use of such Leases to any Person or Persons c. as in the former last Proviso And for the further and better fortification surety and sure making of all and every the said Lease and Leases Demise and Demises to be had and made according to the true meaning of these presents It is further provided and fully Covenanted granted concluded and agreed by and between the said Parties to these presents and every of them That at all times from and after the said Lease and Lease Demise and Domises so to be had and made as it aforesaid the said Recovery and Recoveries before mentioned shal be and shall be adjudged esteemed and taken to be And the said Recoveries and their Heirs and all and every other Person and Persons and their Heires then standing or being seized or which at any time from thenceforth shall stand or be seized of or in so much of the said Manour and premises as shall so happen from time to time to be Leased or Demised in manner and form and according to the true meaning of these presents shall from thenceforth stand and be seized thereof and of every part and parced thereof to the use and uses of all and every such Person and Persons to whom any such Lease or Leases Demise or Demises shall be so had or made their Executors Administrators Assigns for and during the continuance of all and every the said Lease and Leases Demise and Demises and that in all things arccording to the true intent and meaning of all and every the said Lease and Leases Demise and Demises so long as the said Leasee and Leasees So long at the rent shall be paid Demisee and Demisees their Executors and Assigns shall and do well and truly satisfie and pay the rents reserved in and by the said Lease or Leases And after the expiration of such Leases then to the uses limited by this Deed. Demise or Demises And from and after the expiration of all and every the same Lease and Leases Demise and Demises to be had and made as aforesaid and as they shall severally end and determine Then and from thenceforth to such further use and uses purposes and intents as be thereof before in these presents expressed and declared and as by the true intent and meaning of these presents they should or ought to have done if no such Lease and Leases Demise or Demises had been thereof at any time had or make any matter or thing herein contained to the contrary thereof in any wise notwithstanding The usual Covenant to free from incumbrances And the said Sir W. B. for himself his Heires Executors and Administrators and for every of them doth by these presents Covenant promise and grant to and with the said N. S. his Heires Executors and Administrators and every of them that the said Manours Capital Messuages or Farms Lands Tenements Rents Reversions Services Heredicaments and all and singular other the premises with the appurtenances now are and be and so at all times hereafter and from tine to time shall be remain and continue unto the uses intents and purposes before in and by these presents limited expressed or declared free and clear and freely and clearly acquitted exonerated and discharged or otherwise sufficiently saved and kept harmlesse of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Joyntures Dowers Uses Wills Intailes Fines Feoffements Recoveries Statutes Merchant and of the Staple Recognizances Judgments Executions and of and from all other charges titles troubles and incumbrances whatsoever had made Excepting certain Leases c. made by c. committed or done by the said Sir W. B. or by any other Person or Persons by his meanes confent or procurements all such Leases Estates Interests as he the said Sir W. B. hath heretofore made to any Person or Persons of or upon the said Manours Messuages Farmes Lands Tenements Hereditaments and other the premises or of or upon any part or parcel of them upon which Leases there is reserved the old and accustomed yearly rent or rents or more which shall continue yearly due and payable according to such limitations and appointments as are thereof before in or by these presents expressed or declared onely excepted and foreprized And also The usual Covenant for further assurance that he the said Sir W. B. the said La. M. his Wife and the said H. B. and every of them their and every of their Heires shall and will at all times hereafter and form time to time during the space of c. now next ensuing at and upon the reasonable request and costs and charges in the Law of the said N. S. his Heires or Assignes do make knowledge excecute and suffer to be made and done all and every such further lawful and reasonable act and acts thing and things device and devices in the Law whatsoever for the further clearer more perfect and better assurance sure making and coveying of the said Manour Capital Messuages or Farmes Lands Tenements Here ditaments and other the premises and of every part and parcel thereof to be and remain to such uses limitations intents and purposes as thereof before in or by these presents limited expressed declared or appointed be it by Recovery
or Recoveries with one or more Voucher or Vouchers over Fine or Fines with or without Proclamations Feoffment or Feoffments or by any other waies or means whatsoever as by the said N. S. his Heires or Assigns or by his or their Councel learned in the Law shall be reasonably devised or advised and required so as the estates and uses hereby limited appointed and intended to and for the said Sir W. B. and La. M. be not thereby forfeited impeached determined impaired or incumbred ¶ In witnesse whereof to one pair of these present Indenoures remaining with the said Nicholas S. the said Sir W. B. Lady M. his VVife H.B. Sir H.M. W.G. R.B. W.G. F.I. G.S. and S.M. have set their hands and seals To one other pair of these same Indentures remainin with the said Sir H.M. W.G. R.B. W.G. and F.I. the said Sir W.B. Lady M. his Wife H.B. N.S. G.S. and S.M. have set their hands and seales To one other pair of the same Indentures remaining with the said G.S. and S.M. the said Sir W.B. Lady M. his VVife H.B. N.S. Sir H.M. W.G. R.B. W.G. and F.I. have set their hands and seales And to one other pair of Indentures remaining with the said Sir W.B. Lady M. his Wife and H.B. the said N.S. Sir H.M. W.G. R.B. W.G. F.I. G.S. and S.M. have set their hands and seals Given the day and year first above written c. ¶ An Indenture of Covenants to levy a Fine and for the payment of an Annuity c. THis INDENTVRE tripartite made c. Between I. C. of B. in the County of S. Esquire and Dame W. his Wife of the first part VV. B. Son and Heir apparent of the said Dame W. and K. his Wife of the second part and W. Q. of c. L. D. and R. W. of the third part Witnesseth † A Covenant to levy a Fine before the Feast of Easter next coming at the costs and charges of W. B. and as shall be devised or advised by the Councel learned in the Law of the said I. C. and W. B. acknowledge and levy unto the said W. Q. L. D. and R. U. one fine sur conusance de droit c. of all that Lordship and Manour of L. with the appurtenances in the County of W. and all Houses Buildings Meadowes Pastures c. and all other the premises in these presents mentioned That it is covenanted and agreed by and between the said Parties to these presents and each of them for him and themselves and every of them their and every of their Heires Executors and Administrators do Covenanr and grant to and with the other of them their and either of their Heires Executors and Administrators in manner and form following That is to say That they the said I. C. Dame W. W.B. and K. before the Feast of Easter now next coming shall and will at the costs and charges of the said VV. B. and as shall be reasonably devised or adsived by the Councel learned in the Law of the said I. C. and W. B. acknowledge and levy unto the said W. Q. L.D. and R.W. one Fine sur conusance de droit cum ceo que il a de son done Of all that the Lordship and Manour of L. with the appurtenances in the County of Worcester and of all Houses Buildings Lands Tenements Meadowes Leasowes Pastures Commons Woods Under-woods Waters Fishings Rents Reversions Services and Hereditaments whatsoever in the said County of W. to the said Lordship and Manour or to either of them belonging or appertaining or accepted used or reputed as part parcel or belonging to the same And of all such other Messuages Lands Tenements Reversions Services and Hereditaments whatsoever of the said I. C. and Dame W. or of either of them with the appurtenances scituate lying and being within the Towns Parishes The Fine so to be levied shall be and the said W.Q. L.D. and R.W. their Heirs c. by force thereof stand seized to the uses intents and purposes hereafter expressed Hamlets or Fields of L. aforesaid which sometimes were the inheritance of Sir T.L. Knight Father of the said Dame VV. and of Dame A. his Wife or either of them Which Fine so to be had and levied or in what manner or form soever the same shall be had and levied shall be and the said W.Q. L.D. and R.W. their Heires and Assignes shall by force thereof stand and be seized of the said Lordship and all other the premises to the uses intents and purposes and upon condition and limitation hereafter in these presents limited expressed and declared That is to say To the intent that such a one shall have such a rent First to the intent and purpose that the same Dame W. and her Assignes shall and may yearly during her natural life lawfully and peaceably have perceive and take out of the said Lordship and Manour and all other the premises one annual rent of c. of lawful English money at two Dayes of Feasts of the year that is to say at the Feasts of c. by even and equal portions to be paid yearly during the life of the said Dame VV. by the said W. B. his Heires Executors Administrators or Assigns in manner and form aforesaid at or in the Middle-Temple-Hall near Fleet-street London And further And to the intent and upon condition that if the rent be behind and unpaid by c. then to re-enter to the intent use and purpose and upon condition That if it shall happen the said yearly rent or any part thereof to be behind or unpaid at the place of payment aforesaid by the space of fourscore and ten dayes next after any of the said dayes of payment That then it shall and may be lawful to and for the said Dame W. and her Assignes into the said Lordship and Manour and all other the premises to re-enter and the same to have and hold for the term of her life as in her now present and former estate and right And to and for that purpose it is agreed by and between all the said Parties to these presents And after such default in payment the said Fine to be to such uses for them their Heires and Assignes that after such default of payment the said Fine shall be and shall be deemed and taken to be to the use of the said Dame VV. and her Assignes for the term of her life without impeachment of or for any manner of waste and in as large beneficial sort and manner as the said I.C. and Dame W. and as in right of the same Dame VV. now have or ought to have and hold the same the said Fine or any other matter or thing in these presents to the contrary in any wife notwithstanding And it is moreover agreed by and between all the said Parties to these presents for them their Heires and Assigns that the said Fine shall be to the further use intent and purpose that
it shall and may be lawful to and for the said Dame WJ and her Assigns at all time and times when and as often as the said yearly rent or any part thereof shall happen to be behind or unpaid at the place of payment aforesaid by the space of 28 daies next after any of the said Feasts of payment To have perceive and take out of the said Lordship and Manour and other the premises or any part thereof Nomine poenae for non-payment of the Rent Clause of distresse 10 l. of lawful English money Nomine poenae And that it shall and may be lawful to and for the said Dame W. and her Assigns at all time and times into the said Lordship and Manour and other the premises to enter and distrain as well for the said sum of money so to be forfeited Nomine poenae as for the arrearages of the said rent which shall so happen to be behind or unpaid And the distresse and distresses there taken or found to impound and in pound to detain and keep until the said arrearages of the said yearly rent and sums so to be forfeited nomine poenae as aforesaid shall be according to the true intent and meaning of these presents satisfied amd●paid And further it is also agreed by and between all the said Parties to these presents for them their Heires and Assignes The Fine to other parts to be to such uses that the said Fine as to the said Lordship and Manour and all other the premises before mentioned to be hereby conveyed or assured to the said VV. Q. L. D and R.VV. shall be to the use of the said VV.B. his Heirs and Assignes for ever under upon and subject to the payments charges forfeitures conditions re-entries limitations intents and purposes in these presents formerly mentioned and expressed and according to the intent and true meaning of these presents and not otherwise And the said VV. B. for himself his Heires Covenant to pay the said Rent and Administrators doth Covenant and grant to and with the said J.C. and Dame VV. their Executors Administrators end Assigns by these presents That he the said VV. B. his Heirs Executors Administrators and Assignes shall and will well and truly pay or cause to be paid unto the said J.C. and Dame VV. their or either of their Assignes during the joynt lives of the said J.C. and Dame VV. and after the death of the said J.C. to the said Dame VV. if she survive the said I.C. and to her Assigns the said yearly sum of c. in manner and form aforesaid and according to the purport intent and true meaning of these presents So long as the Land shall be enjoyed without eviction c. So long as be or they shall or may have and enjoy the premises mentioned to be conveyed by the said Fine without lawful eviction and lawful expulsion of or by the said I.C. and Dame VV. or of either of them And also that he the said VV.B. his Heires or Assigns so long as he or they shall or may in like fort have and enjoy the said premises mentioned to be conveyed by the said Fine Covenant to day 80 l. per an besides the former Rent without the lawful eviction and lawful expulsion of the said I. C. and Dame VV. or of either of them upon any good lawful or just title other then for or by reason of any default of any of the payments aforesaid or of any part thereof shall and will yearly well and truly pay or cause to be paid unto the said Dame W. and her Assignes for and during her natural life the yearly sum or rent of 80 l. of lawful money of England over and besides the said yearly rent of c. at the place of payment aforesaid and at the said Feasts of c. yearly by even and equal portions or on the 19. day next after each of the said Feasts For the payment of which said 80 l. the Party binds himself in a thousand marks To and for the payment of which said Dame W. at the said Feasts and dayes of payment aforesaid according to the purport true intent and meaning of these presents The said VV. B. and L.D. do by these presents bind them and either of them their and either of their Heirs Executors and Administrators unto the said Dame VV. in the sum of one thousand marks of lawful English money Provided neverthelesse Provided that if there shal be a re-entry for non-payment of the Rent the Land be of such a value unless through any act or thing of the Re-enterer shall so remain without eviction c. then no benefit to be taken of the Covenant for the payment of the 80 l nor of the penalty of one thousand marks and the true intent and meaning of these presents and of the Parties to the same is That if contrary to the purport true intent or meaning hereof or of the Parties to the same any default of payment shall happen to be of the said yearly rent or sum of c. or of any part thereof at any of the said Feasts of payment and at the 19 day then next following for which or whereupon the said I. C. and Dame W. or either of them their or either of their Assigns during the joynt lives of the said I. C. and Dame VV. or the said Dame W. or her Assigns after the death of the said I. C. shall re-enter into the said Manour and other the premises or into any part thereof and the said Manour and other the premises before mentioned to be conveyed by the said Fine shall be at the time of such re-entry of the clear yearly value of 360 l. of lawful English money over and above all charges and reprises and so unlesse it be through any act deed thing or evil husbandry of the part of the said Dame VV. or her Assigns shall remain be and continue unto the said Dame W. and her Assigns of that clear yearly value during the life of the said Da. VV. without any manner of eviction trouble or expulsion of or by the said VV.B. his Heirs or Assigns and of all and every other Person and Persons claiming by from or under the said VV.B. his Heirs or Assignes or by reason of his or their title or estate or otherwise by reason of any tenure or seigniory that then neither the said I. C. and Dame VV. or either of them their or either of their Executors or Administrators shall have or take any benefit or advantage of or by the said last mentioned Covenant for payment of the said yearly sum of 80 l. not of or upon the said Obligation or penalty of one thousand marks for the performance thereof any thing in these presents to the contrary in any wise notwithstanding ¶ In witnesse whereof the said Parties to these presents have to every part thereof set their hands and seales the Day and
other then such onely whereof the several estates and uses afore by these presents are severally expressed limited and declared to the use and behoof of him the said T.H. the Father party to these presents and of his Assigns for and during the term of his natural life without impeachment of waste and to be charged and chargeable with such yearly Rents sums of Money or Rents and Distresses for the same as shall be hereafter in these presents limited or expressed according to the true intent of these presents and after the decease of the said T.H. the Father then to the use and behoof of the said R.H. and the Heires males of the body of the said R.H. lawfully begotten and to be begotten charged and chargeable as aforesaid And for default of such Issue then to the use and behoof of the said W.H. second Son of the said T.H. the father party to these presents and of the Heires males of his body lawfully begotten and to be begotten charged and chargeable with such several yearly Rents and payments as be hereafter in these presents expressed c. And for default of such Issue then to the use and behoof of the right heires of the said T.H. the Father party to these presents for ever Provided alwayes Proviso and for the further explaining of the true intent and meaning of all the said Parties to these presents Covenanted to make certain payments and the Fines to be to the same uses It is further covenanted granted concluded condescended and fully agreed by and between the said parties to these presenss And neverthelesse the said T.H. the Father for himself his Heires Executors Administrators and Assigns doth further Covenant and Grant to and with the said Sir G.G. Knight his Heires Executors Administrators and Assignes and to and with every of them by these presents That the said Fine and Fines to be levied of the said Manours Messuages Lands Tenements Hereditaments and premises with the Appurtenances or any part thereof shall be and that the said Sir R.M. Knight and W.H. and their heires and the Survivour of them and his heirs shall stand and be seized of and in the said Lordship and Manour of H. c. being of the yearly value of 250 l. as well to and for the assurance of such Rents and Payments as hereafter in these presents be expressed as also to and for such use and uses intent and purpose as well that if the said T.H. party to these presents during the term of his natural life and his Assignes shall not or do not yearly well and truly content satisfie and pay unto the said R. and Ka. or their Assigns at c. the whole and just sum and yeatly rent or payment of 50 l. of good and lawfull Money of England at two Feasts or Dayes in the year c. by even and equal portions without further delay the first payment thereof to commence and begin at such of the said Feast dayes as shall be next ensuing the said Marriage to be had and made as aforesaid That then and so often as the said rent or yearly payment of 50 l. or any part or parcel thereof shall so fortune to be behind and unpaid The usuall clause of distresse It shall and may be lawful to and for the said R.H. and K.G. or either of them after their said inter-marriage as aforesaid their and either of their Assignee or Assignees their lawful Deputy or Deputies in that behalf by them or either of them lawfully authorized at all times during the life of the said T.H. Party to these presents into all and singular the said Manour of H. with the appurtenances c. and into every or any part and parcel thereof to enter and distrain as well for the said yearly rent or payment of 50 l. or any part thereof so to be behind and unpaid as aforesaid and for every part and parcel thereof as also for the arrearages of the same and of every or any part thereof if any shall fortune to be behind and unpaid as aforesaid And the distresse and distresses so there taken to lead drive take carry away impound and with them or either or any of them to detain and keep untill such time as the said yearly rent or payment of 50 l. and every part and parcel thereof so to be behind and unpaid as aforesaid and the arrearages thereof if any shall happen to be behind and unpaid be unto them or some of them fully contented Proviso that the covenanter to levy a fine may make a Joynture to his Wife for her life only of a third part or lesse except such a Manor satisfied and paid Provided also and it is covenanted and agreed by and between the said Parties to these presents That it shall and may be lawful to and for the said T.H. the Father at any time or times hereafter during his life by his last Will and Testament in Writing or otherwise by his Deed in his life-time lawfully executed to assure appoint limit and convey to any lawful Wife or Wives which the said T.H. the Father shall hereafter fortune to marry for term of life onely of such Wife or Wives or to any other Person or Persons to the use of any such Wife or Wives for term of life onely of such Wife or Wives for and in the name of the Joynture or Joyntures of such Wife or Wives A full third part or lesse or so much as shall amount to a full third part or lesse of all his Manours Messuages c. so that the said Manour of H. c. be not or parcel thereof And that he may grant and assure to his younger Sons for life such a yearly Rent with distresse out of certain Lands so that the said Rent exceed not 20 l. per ann a pecce And also that it shall and may be lawful to and for the said T.H. the Father Party to these presents at any time during the term of his natural life by any Deed or Deeds in writing under his hand and seal or otherwise by his last Will add Testament in writing to grant assure limit devise and convey to every or any the younger Sons of the said T.H. the Father Party to these presents of his body lawfully begotten or to be begotten for term of life onely of every such younger Son and Sons such yearly Rent-charge or Rent-charges with a clause of distresse for every such Rent as unto the said T.H. the Father shall be thought meet and convenient to be yearly issuing and going as well out of the said Capital Messuage c. from and after the decease of the said T.H. party to these presents as also out or out of all or any part of the other Manours c. whereof the said Fine or Fines before by these presents is covenanted or mentioned to be levied as aforesaid by the said T.H. the Father or any part of any of them from
incumbrances and that the said premises and every part thereof now be and from the ensealing of these presents shall stand and be free or shall from time to time sufficiently be saved harmlesse by the said Sir VV.VV. or by his Heires Executors or assignes of and from all and all manner of former bargainer and former sales gifts grants Lease Leases Dowers Joyntures estates intailes forfeitures penalties titles troubles charges and incumbrances whatsoever had made done or suffered or hereafter to be had made done or suffered by the said Sir VV.VV. or any other Person or Persons whatsoever the rents and services hereafter due and payable to the chief Lord and Lords of the Fees from time to time onely excepted and fore prized The usuall covenant for further assurance And the aforesaid premises with the appurtenances he the said Sir VV.VV. against him and all others shall warrant and defend And the said Sir VV.VV. for himself his Heires Executors and Assignes doth covenant and grant to and with the said Sir I.M. Sir E.C. and M. VV their Heires Executors and Assignes by these presents That he the said Sir VV.VV. and his Heires shall and will at all times within ten years next ensuing the Date hereof when and so often as he or they or any of them shall be thereunto required by the said Sir I.M. Sir E.C. and M.VV. or any of them their Heires or Assignes and at the costs and charges in the law of them the said Sir I.M. Sir E.C. and M.VV. their Heires or Assigns do make execute acknowledge and suffer all such further lawfull and reasonable act and acts device and devices in the law be it by Fine or Fines Recovery or Recoveries with single or double Voucher or Vouchers Feoffement Release Confirmation or by all or any other such waies or meanes with like Condition or Proviso as hereafter in these presents is mentioned and contained and according to the true intent and meaning of these presents as shall be reasonably devised and advised by the said Sir I.M. Sir E.C. and M.VV. their Heires or Assignes or by their Councell learned in the law for the better and more perfect assuring and sure making of the aforesaid Premises to the said Sir I.M. Sir E.C. and M.W. and to their Heires and Assignes The usuall Covenant that the Bargainer shall injoy the lands and take the profits upon condition and so long as he shall pay such a yearly summe which is the use of the money And the said Sir I.M. Sir E.C. and M.VV. as well for and in Consideration that the premises hereby bargained or sold or mentioned to be bargained and sold are now in Lease As also for that the same do lie fit and convenient and neer unto the Lands and possessions of the said Sir W.W. as also for divers other good causes and considerations the said Sir I. M. Sir E. C. and M.W. for them their Heires Executors Administrators and Assignes and every of them doe Covenant grant promise and agree to and with the said Sir W.VV. his Heires Executors Administrators and Assignes and to and with every of them by these presents That the said Sir VV.VV. his Heires Executors Administrators and Assignes shall or lawfully may quietly have hold occupie possesse and enjoy the aforesaid Manour and premises before in these presents bargained and sold or hereby mentioned to be bargained and sold or take the rents and profits thereof without any accompt thereof to be given or made to the said Sir I. M. Sir E.C. and M.VV. the Heires Executors Administrators or Assignes and without the lawfull let disturbance or interruption of the said Sir I.M. Sir E. C. and M.VV. their Executors Administrators or Assignes upon condition and so long as the said Sir W. W. his Heires Executors Administrators or Assignes or any of them shall yearly and every year now hereafter following well and truly content and pay or cause to be well and truely contented and paid unto the said Sir I.M. Sir E.C. and M.VV. their Heirs Executors Administrators or Assignes or their or any of their lawfull Attourney or Deputy thereunto assigned or deputed The full summe and yearly Rent of 60l by the year of good and lawfull money of England at two severall Dayes of payment by even and equall protions that is to say at in or upon the 14. Day of May and the 14 Day of November or within fourteene days next after either of the saist Dayes at or within the Church of the Inner-Temple London scituate in or neer Fleet-street in or near London within the County of Middlesex Provided alwaies Proviso that this conveyance shall be void upon notice given in writing of tender and payment of the principall money neverthelesse and that it is fully Covenanted granted concluded and agreed by and between the said Parties to these presents and every of the said Parties do by these presents Covenant grant and agree for them their Heires Executors Administrators and Assignes and every of them respectively That if the said Sir W.W. his Heires Executors or any of them shall be hereafter minded and determined to pay to the said Sir I.M. Sir E. C. and M. W. their Heires Executors Administrators or Assignes the summe of Six hundred pounds of good c. and of such his or their mind intent and purpose shall in any yeare hereafter at any the Daies before mentioned and appointed for the payment of the said yearly Rent of 60l deliver and leave a plaine and perfect notice and warning by writing under his or their or any of their hand and seale or hands and seales either unto the hands of the said Sir I.M. Sir E.C. or M.VV. their Heires Executors Administrators or Assignes or any of them or to the hands of such Person or Persons as shall be lawfully interessed in the then present possession and interest of the said Manour Lands and Tenements and other the premises herein mentioned to the bargained and sold and in the same writing of notice so to be left or delivered expresse mention shall be made and contained that he the said Sir VV. VV. his Heires Executors Administrators or Assignes or some or one of them or some other Person or Persons for him or them shall and will pay the said summe of Six hundred pounds upon the next Day of payment of the said summe or yearly Rent next ensuing after the day wherein the said writing of notice shall be delivered And also the said Sir VV.W. his Heires Executors Administrators or Assignes or any of them at such of the Dayes of payment of the said sum or yearly Rent as in and by the said writing of notice so as aforesaid to be delivered shall be mentioned expressed and appointed for the payment of the said sum of six hundred pounds do and shall well and truly satisfie content and pay or cause to be well and truly satisfied contented and paid to the said Sir I.M. Sir E.C. and M.W. their Executors
all other hereditaments whatsoever they be lying and being in S. aforesaid which A. P. Father of the said H. sometimes purchased had of I. F. Esq by certain names number of acres and quantity of land to be in the said writ contained unto which said wri● so to be purchased the said H. P. shall appear gratis vouch to warranty the common Vouchee who shall likewise appear gratis enter into the warranty and plead and after make default and that there upon judgment to be given that the said I. F. shall recover the said Manor messuages lands tenements hereditaments all other the premises with the appurtenances against the said H. P. and the said H. P. shall recover in value against the common Vouchee so that a perfect recovery may be thereupon had and that both the said parties to these presents and the said common Vouchee shall at the costs and charges in the Law of the said I. F. make do and execute all and every matter and thing whatsoever meet necessary or expedient for the prosecution of the said recovery according unto the course of common Recoveries with single Voucher in such cases which said recovery so to be had and executed and the execution thereof and the said Manor messuages lands tenements hereditaments all other the premises shall be to the only use behoof of the said I. F. his Heirs and Assigns for ever Provided that if the said I. F. his Heirs Executors Administrators or Assigns Proviso that if the recoverer fail in payment of such a sum that then the use limited to him to be void shall not well and truly content and pay or cause to be well and truly contented satisfied and paid unto the said H. P. his Heirs Executors Administrators or Assigns in or upon the c. which shall be c. the sum of c. at or in the now dwelling house of the said H. P. situate in H. aforesaid but in payment thereof or of some part thereof shall make default contrary to the effect intent true meaning of these presents that then and from thenceforth the uses before limited of or concerning the said Manor-house or principal messuages or tenements also of or concerning all those lands c. shall cease and determine and the then and from thenceforth the said Manor-house c and the said Recovery thereof as aforesaid to be had and executed and the execution thereof to be taken for and concerning only so much of the said premises as are before mentioned to be bounden out and the use thereof and all and every other person and persons that shall stand or be seized thereof or of any part thereof shall from and after such default in payment to be as aforesaid made by the said I. F. his Heirs Executors Administrators Assigns or any of them of all or any part of the said sum of c. stand and be thereof seized to the only use and behoof of the said H. P. his Heirs Assigns for ever and not to any other use or uses and the said H. P. for him Covenant that the land under the condition aforesaid is shall continue either acquitted or sav'd harmlesse from all former bargains c. except the condition aforesaid and the rents due to the Lord of the Fee his Heirs Executors Administrators and Assigns doth by these presents covenant and grant to and with c. in manner and for following that is to say that the said Manor Messuage c. at the time of the ensealing delivery of these presents be and so from time to time at all times hereafter under the said proviso and condition before mentioned shall remain continue and be unto the said I. F. his Heirs and Assigns according to the limitation and use aforesaid either clearly acquitted and discharge and sufficiently saved harmlesse of and from all and all and all manner of former bargains sales gifts alienations Leases Conditions c. whatsoever before had made done executed or committed by the said H. P. his Heirs or Assigns or by H. P. Esq deceased Father c. his Heirs or Assigns or by any other persons or persons by their consent means or procurement or either of them or by reason or means of any other act or thing whatsoever Or else that the recoveree will if the recoverer shall be lawfully expulsed except by such incumbrances before excepted within c after notice of such expulsiō pay so much as the recoverer shall be damnified thereby heretofore or before the making or conveying of the first estate or assurance of the said premises to the said I. F. to be had made done executed or committed by the said H. F. his Heirs or Assigns or by any other person or persons whatsoever by his or their consent means or procurement All such incumbrances which are or shall be or happen by reason or means of the said proviso And the rents payments and services from henceforth to grow due or payable for or by reason of the premises or any part thereof to the Lord or Lords of the Fee or Fees thereof and one Lease heretofore made by the said H. of a Tenement c. which upon the yearly rent of c. is reserved shall or ought to be payable during the term yet to come unto the said I. F. his Heirs and Assigns only excepted or else that if and as often as the said I. F. his Heirs and Assigns shall at any time or times hereafter happen to be without fraud or covin lawfully expulsed or evicted of all or any part of the said Manor Messuages c. except by reason of such incumbrances as be before excepted That then and so often the said H. P. his Heirs Executors of Assigns shall and will within c. next after notice to him or any of them given by the said I. F. his Heirs or Assigns of any such eviction expulsion or damnification except before excepted well and truly pay and satisfie unto the said I. F. his Heirs Executors Administrators or Assigns so much as the said I. F. his Heirs or Assigns shall sustain or be damnified by means of any eviction expulsion or damnification upon or by reason of any the incumbrances aforesaid except before excepted And further the said H. P. doth by these presents for him his Heirs Executors Administrators and Assigns and every of them Covenant to make further assurance of the premises other than of the Lands contained under the proviso Covenant and grant to and with the said I. F. c. that he the said H. P. his Heirs and Assigns and all and every other person or persons whatsover any estate interest or thing having or lawfully claiming in all or any of the said Manor Messuages c. or any part thereof by from or under him the said H. P. his Heirs or Assigns other than the said I. R. concerning the said interest or lease before