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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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to be done any act touching the administratiō of the goods except c. which already is or at any time or times hereafter shall or may accrue come belong or of right appertain unto the said Executors or either of them as Executors of the said Will and Testament And further that he the said T. B. his Executors Administrators or Assigns shall or lawfully may from time to time and at all times hereafter without any eviction let or disturbance of the said A. S. her Executors Administrators or Assigns or of any other person or persons clayming by from or under her make do execute and commit or cause to be made done executed or committed all and every matter and thing act and acts whatsoever touching the administration of all or any of the goods and chattels except the goods and things as are before exepted to all intents and purposes Covenant by the Grantee to keep the Grantor his goods lands c. indemnified from all bargains debts duties c. wherewith she is chargeable as Executrix and in every respect as shee the said A. might have done if this present grant had never been had or made And the said T.B. for him his Heirs c. doth Covenant and grant to and with her the said A. S. her Executors c. that he the said T. B. his Heirs c. shall and will from time to time and at all times hereafter well and sufficiently save and keep harmlesse and indemnified the said A. S. her Executors and Administators and also her and their goods and chattels lands and tenements of and from all and all manner of Legacies Debts Duties Sutes Actions Incumbrances and Deeds whatsoever wherewith or whereby she the said A.S. her Executors Administrators or Assigns or either of them shall or may be at any time or times hereafter either solely or joyntly together with any other person or persons arrested impleaded charged damnified or incumbred as Executor or Executors of the said Will or by reason of the said Will or for or by reason of any debts bargains or other things in the said Will contained In witnesse whereof c. A Lease of a Messuage with certain Lands Woods and Mynes thereto appertaining and also a power of Fishing upon the said ground together with power to coal the Wood upon the ground THis INDENTVRE made c. Between R.C. c. of th' one part and G.G. of th' other part Witnesseth that the said R.C. for divers good considerations c. hath demised all that his Messuage c. with the appurtenancess called and known by the name of c. And all his Lands c. lying and being in W. aforesaid to the Messuage c. called B. appertaining or as parcel thereof usually occupied containing in all by estimation c whether more or lesse which lieth boundeth and butteth as fooloweth viz c. all and singular the Woods Underwoods and Trees now standing growing or lying or which at any time during the said term shall grow or be in or upon the premises by these presents demised or any part thereof And all and singular the Mines now growing or being in and upon the premises by these presetns demised on any part thereof Power to coal the wood to do other acts necessary for the same together with free liberty full license power and authority for him the said R. C. his Heirs and Assigns and for his and their Workmen Servants and Labourers from time and at all times during the said term at his their will pleasure to fell cut down cleave out cord and coal the said Woods Underwoods and Trees or any part thereof and earth dust cover and all other things necessary and expedient for the cōverting of the said Woods Underwoods and Trees or any part thereof Power to opē the mines to dig draw cast up c. Power with Cart carriages c. to carry away the Woods Cores c. into cole upon the said premises or upon any part thereof and to take and have Colliers Lodges upon the said premises from time to time during the said term at his and their will and pleasure to make and remove and the said Mines to open and the Mines therein from time to time during the said term in convenient places to digg draw and cast up lay and bestow upon the said premises or any part thereof and the said Woods Trees Coles and Mines or any part thereof from time to time and at all times during the said term at his their will and pleasure Lease of a Pond upon part of the premises with liberty to dig for the mending thereof all Fish and fishings in the said Pond with Wains Cart and Carriages from thence by necessary and convenient ways over and through the said premises or any part thereof to fetch and carry whither and to such place or places as to the said R.C. his Heirs or Assigns shall seem good and one Pond made upō part of the said premises and the banks bays and sluces thereunto belonging with liberty to digg earth and clay for the mending thereof and all Fish and Fishings in the said Pond And also all the fish now being or which at any time during the said term shall be in three Marl-pits hereafter expressed that is to say And also all the Fish fishing in 3 Marl-pits with liberty to come and go by any means to take the same c. together with free liberty and authority from time to time c. and at all times during the said term for him the said R.C. his Heirs and Assigns to come and go from the said Marl-pits or any part of them And the same pits or any part of them with Angles Engins or by sewing or letting out of the water or otherwise as to him or them shall seem good to fish To have c. the said Messuage or Tenement called B. the Lands Tenements Hereditaments and other the premises before by these presents demised with all and singular th' appurtenances unto the said G.G. and his Assigns for and during the natural life of the said G.G. Yielding c. during the said term at or in the now Manor-house of the said R. C. called C. Sit. c. unto the said R.C. and unto the heirs of his body lawfully begotten Reservatiō of a Rent upon a Lease for life to the Lesser the heirs of his body for default of such heirs to such persons to whom the reversion shall descend and for default of heirs of his body lawfully begotten to such person and persons their heirs and Assigns to whom the said premises before by these presents demised or the reversion or reversions remainder or remainders thereof shall after the death of the said R. without heir of his body lawfully begotten descend revert remain accrue or be c. of lawfull c. at two usual Feasts in the year that is
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
shall pay such a rent yearly to the Father during his life and in default of payment so much nomine poenae and Assigns and every of them that as well the said I. B. and E. P. during the natural life of the said E. as also the Heirs Males and Females of the body of the said E. by the said I. B. or any other lawfully begotten and every other person and persons to whom the said premises by these presents are limitted and appointed shall yearly content and pay or cause to be well and truly contented and paid at or in the South-porch of the Parish Church of c. aforesaid unto the above named W. P. and his Assigns for and during the term of the natural life of the said W. P. one annual rent or sum of c. of c. the said annual rent or sum of c. to be yearly by even and equal portions paid at or upon the two most usual and accustomed feasts or days of payment in the year that is to say c. or within c. and the first payment to begin c. and if the said I. B. and E. P. during the life of the said E or of any of the Heirs Males or Females of the body of the said E. by the said I. B. or any other to be begotten and every other Person and Persons to whom the said premises by these presents are limited and appointed do not content and pay or cause to be paid the said annual rent or sum of c. unto him the said W. P. and his Assigns during the term of his natural life as aforesaid according to the true intent and meaning of the proviso in these presents before mentioned that then the said I. B. and E. during the life of the said E. and the Heirs of the Body of the said E. by the said I. B. begotten shall forfeit and every other person so making default unto the said W. P. and his Assigns during the natural life of the said W. shall forfeit the sum of c. nomine poenae for every default Covenant that in default of payment of the rent that the Feoffees shall stand seised to the use of the Feoffor until that he hath levied the rent penalty forfeited and so often as the same shall happen And it is Covenanted granted condescended and agreed by and between the said parties to these presents and every of them their and every of their Heirs and Assigns and the true intent and meaning of all and every Feoffment and other conveyance and assurance of the said premises made shall be deemed esteemed and taken to be that the said I. H. and I. S. and the survivor of them their Heirs and Assigns shall upon such default in payment of the said annual Rent or sum of c. contrary to the purport intent and true meaning of the Proviso before by these presents specified by the which the same is appointed and limited to be paid stand and be seized of the said recited premises with their appurtenances and every part and parcell thereof unto the use and behoof of him the said W. P. his Heirs and Assigns for during and until he the said W. and his Assigns shall have had levied and received as well the said annual rent of c. before by these presents appointed to him to be paid with all and every the arrerages thereof as also the said penalty of c. nomine poenae for every such default as aforesaid to be made Provided alwayes and it is concluded Proviso that if the Wife die without issue of her body to whom the uses were limited living her Husband that then her Father shal grant such a rent to the Husband for his life in default of payment that he shall forfeit so much nomine poenae c. by and between the parties to these presents and every of them that if it fortune the said E. P. during the life of the said I. B. to depart this mortal life without issue of her body lawfully begotten that then the said W. P. his Heirs and Assigns shall yearly content and pay or cause to be well and truly contented and paid at or in the South porch of the Parish Church of H. aforesaid unto the abovenamed I. B. and his Assigns one annual rent of sum of c. to be yearly by even and equal portions paid at or upon the two most usuall and accustomed Feasts or dayes of payment in the year that is to say c. or within c. next after c. and the first payment thereof to begin c which shall next and immediately ensue after the Decease of the said E. without any issue of her body lawfully begotten as aforesaid And if the said W. do not content and pay or cause to be contented and paid the said annual Rent or sum of c. unto him the said I. B. and his Assigns during the term of his natural life as aforesaid according to the true intent and meaning of the Proviso in these presents last before mentioned that then the said W. P. his Heirs and Assigns after the decease of the said E. without issue of her body lawfully begotten as aforesaid shall forfeit unto him the said I. B. and his Assigns during the natural life of the said I. the sum of c. nomine poenae for every default and so often as the same shall happen And it is covenanted granted condescended agreed by and between the said parties to these presents and every of them their and every of their Heirs and Assigns and the true intent and meaning of all and every Feoffment and other conveyance and assurance of the last recited premises made shall be deemed esteemed taken to be That the said I. H. and I. S. and the survivor of them their Heirs and Assigns shall upon such default of payment of the said annual rent or sum of Covenant that in default of payment of the Rent that the Feoffees shall stand seized to the use of the Husband until that he hath levied the rent penalty forfeited c. according to the purport intent and true meaning of the Proviso before by these presents specified by the which the same is appointed and limited to be paid stand and be seised of the said recited premises with their appurtenances and every part and parcel thereof unto the use and behoof of him the said I. R. his Heirs and Assigns during and until the said I. his Heirs and Assigns have had levied and received as well the said annual rent or sum c. afore by these presents appointed to him to be paid with all and every the arrerages thereof as also the said penalty of c. nomine poenae for every such default as aforesaid to be made Provided furthermore and it is fully condescended c. upon Proviso that if the wife die having issue male or female
time wittingly or willingly determinatly and effectually procure or assent to or for any act or acts thing or things for any bargain sale discontinuance alienation exchange or forfeiture to be had or made of the said messuages and other the before-named premises or of any part or parcel of them or any of them to him them or any of them by these presents limitted and devised whereby any estate of the premises or of any part or parcel thereof may should or might in any wise or by any means be undone discontinued barred determined or forfeited and the same bargain sale discontinuance alienation exchange or forfeiture or any other effectuall thing or Act toward the same effect shall attempt cause procure command or wittingl or willingly assent unto or suffer to be attempted gone about to be executed performed prosecuted or put in ure by the knowledging of any note or notes of or for any Fine or Fines to be levyed or by knowledging any Warrant or Warrants of Attorney or Attorneys for any Recovery or Recoveries to be pursued or entring into warranty by any means whatsoever or by knowleging any warrant for the same or by any purchase of any Writ or Writs by them or any of them or by any other by their affent or consent by appearance oi otherwise to any Writ or Writs of the premises or any part and parcel thereof or by acknowledging of any deed or deeds writing or writings to be inrolled or by any other effectual act or acts thing or things whatsoever whereof or whereby any bargain sale discontinuance alienation exchange or forfeiture shall or may ensue that then immediatly from and after the time of such procuring attempting commanding willing assenting suffering or going about in manner and form as is aforesaid and before any such bargain sale discontinuance alienation exchange or forfeiture perfected executed or done the estate and estates limitted and appointed in these presents unto him or them and to as many as so shall attempt cause procure command or wittingly assent to or suffer any such act or acts thing or things to be prosecuted executed performed done or put in ure or gone about to be done performed or put in ure in manner and form before declared whereupon any bargain sale discontinuance alienation exchange or forfeiture shall may or might insue contrary to the true intent and meaning of these presents of in such or so much of the said messuages c. before mentioned for the which any the thing or things aforesaid shall be attempted caused procured commanded assented or suffered to be executed performed done or put in ure or gone about to be done executed performed or put in ure contrary to the true meaning of these presents shall cease as in respect only and having regard to suuch person or persons only so attempting procuring causing commanding willingly assenting to suffering or going about any such act or acts thing or things aforesaid as if such person or persons so attempting causing commanding or procuring were naturally dead and not otherwise and that then and in such case it shall be lawfull to and for every such person or persons to whom the possession thereof should come grow or be by the true intent and meaning of these presents to enter and enjoy the same as if such person or persons which shall so procure or assent to any such act or thing to be done or attempted were naturally dead and in no otherwise and of such and the like estate and estates and in like manner and form to all intents and purposes and with like remainders over and with like limitations and conditions as the same should have come and grown or been if the same person that shall so procure or assent to or for any such act or acts thing or things to be done or attempted at or immediatly before the time of such procuring or assenting were naturally dead and in none other manner any thing before in these presents mentioned to the contrary notwithstanding Neverthelesse it shall and may be lawfull to and for the said F. G. or any of the Heirs males of his body lawfully begotten to set and lease the said Messuages Power to make lease for 21 years or 3 lives reserving the old accustomed rent c. and other the premises for 21 years at the most or under or for one two or three lives upon which several demises the old antient and accustomed yearly rent or the value thereof or more shall be reserved and assured to such person and persons as shall or ought to have by descent or otherwise the estate or estates of and in the premises c. A Ioynture made before Mariage TO all c. Know ye that I the said T. I. for and in consideration of a certain Mariage between me the aforesaid I. T. and one A. M. of B. in the aforesaid County of K. Virgin Sisler of one I. M. the younger and G. M. of B. aforesaid Draper and for an absolute and perfect Joynture of the said A. M. to be made and in recompence barr full satisfaction and discharging of all and singular Dower and title of Dower with the said A. M. of or in any other Messuages Lands Tenements or Here ditaments of me the said T. I. that any way may happen have given c. to the aforesaid I. and G. their Heirs and Assigns the moyety of my one moyety viz. one third part of one Messuage c. with the appurtenances thereunto belonging And also the moyety of my one moyety c. viz. the third part c. with all and singular their appurtenances Which said premises doe all contein in the whole by estimation c. be the same more or lesse situate c. And also know ye that the said T. for the Cause and consideration aforesaid have given c. to the aforesaid I. M. and G. M. their Heirs and Assigns all those my c. be they more or lesse situate c. Which said last premises the said T. I. late had and purchaled to him and his Heirs of one R. F. and A. his Wife as by a certain Writing to him thereof made more plainly appeareth To have and to hold c. with their appurtenances and all and singular other the premises whatsoever with all and singular their appurtenances to the aforesaid I. M. and G. M. their Heirs and Assigns to the only proper use and behoof of me the said T. I. until the Rites of Mariage between me the aforesaid T. and the said A. M. Be celebrated and after those Rites of Mariage are celebrated then to the use and and behood of A. M. aforesaid for term of her natural life and after the decease of the aforesaid A. M. to the use of me the aforesaid T. my Heirs and Assigns for ever To be holden of the chief Lord c. And I the aforesaid T. I. and my Heirs the aforesaid moyety c. with their appurtenances
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
And furthermore he the said I.S. hath for and upon the consideration aforesaid Bargain and sale of Lands together with the evidences belonging to the same in the said recited Indenture mentioned given granted bargained and sold and doth by these presents for him his heirs and assigns fully clearly and absolutely give grant bargain and sell unto the said R. W. his heirs and assigns the said Messuages c. and all and singular other the premises with all and every their appurtenances in the said recited Indenture mentioned and contained or therein or thereby meant or intended to be bargained and sold unto him the said R.W. his heirs and assigns and also all and singular Messuages c. whatsoever c. together will all c. profits and commodities thereunto belonging or appertaining with all and every their appurtenances of him the said I.S. in B. aforesaid in the said County and also the reversion and reversions remainder and remainders of all and singular the said premises and the rents reserved in upon any demise or demises thereof made together with all deeds c. whatsoever concerning the said premises or any part thereof All and singular which the said deeds c. escripts and minuments or so many of them as he the said I. S. or any other person or persons to his or by his delivery have in his or their custody which he may lawfully get or come by without sute in Law he the said I. S. doth by these presents for him his heirs executors administrators and assigns and every of them covenant and grant to and with the said R.W. his heirs executors administrators and assigns well and truly to deliver or cause to be delivered unto the said R.W. his heirs executors administrators or assigns before c. whole safe uncancelled and underfaced To have and to hold the said Messuages c. unto him the said R. W. his heirs and assigns to the only use and behoof of him the said R. W. his heirs and assigns for ever A clause that the said R. W. shall enjoy the premises without any lawfull let of the said I. S. his heirs or assigns Usual clauses in bargains and sales c. using the usual words of warranties And also that the said I.S. shall at all times make further assurance be it Fine Feoffment c. Provided always and it is further covenanted granted Proviso that all conveyances made or to be made shall be to the use of the bargainee his heirs condescended and fully agreed upon by and between the said parties to these presents and every of them their and every of their heirs executors administrators and assigns And it is the true intent and meaning of these presents that all and singular Feoffments gifts grants fines recoveries and all other assurances whatsoever of the said premises with the appurtenances or of any part or parcel thereof by the said I.S. or by the said I. and A. his Wife to the said R. W. his heirs or assigns or to any other person or persons by the appointment or consent of the said R. now or at any time heretofore made or at any time hereafter to be made shall be inure are by these present limitted declared and appointed to be and inure And every such person or persons to whom any such fine Recoverey Feoffment grant or assurance shall be made shall stand and be seized to the use and behoof of him the said R.W. his heirs and assigns for ever and to none other use or uses intent or purpose whatsoever In Witnesse whereof c. An Indenture to declare the use of a precedent Recovery with a power of Revocation THis Indenture c. Between R.S. of c. of the one part and E.G. of c. of the other part Witnesseth that whereas the said R. S. did heretofore bring a Writ of entry Sir desseisin in l' post against the said E. G. retornable in his Majesties Court of Common pleas and thereby did demand against him recite the parcels with their appurtenances in B. as his right and inheritance and wherein the said E. did not enter but after a disseisin that one H.H. unjustly and without judgement did unto him the said R. within c. then last past unto which said Writ the said E. did appear and did vouch to warranty E. H. the common vouchee who accordingly did enter into the said warranty and did after make default and departed in despite of the Court and thereupon judgement was given that the said R S. should recover seisin of the tenements aforesaid with their appurtenances against the said E. G. and that he the said E. should recover over in value against the said E. H. and thereupon execution of the said recovery was had and made according unto the usual form of common recoveries in such ca●es used as by the record of the said recovery remaining in the Court of Common pleas and there entred amongst the records of Easter term last past before the date of these presents Rot●ulo 145 doth more plainly and at large appear And whereas it was by and between the said parties to these presents and either of them meant and intended and the said parties to these presents and every of them do by these presents accordingly limit declare and expresse that the said recovery was meant and intended and shall and doth extend and comprehend by such names number of acres and covenants as are therein specfied and contained the capital Mansion and Messuages and all and every the lands tenements and hereditaments with their appurtenances which late were the inheritance of I. G. Gent. deceased by the last will and testament of him the said I. devised and bequeathed unto the said E. G. and to the Heirs Males of his body in such manner and form as by the said will doth more plainly appear Now this Indenture witnesseth that the said Recovery and the execution thereupon was by and between the said parties to these presents and every of them meant and intended it is by these presents declared limitted and expressed to be meant and intended and it is by these presents Covenanted granted condiscended and agreed by and between the said parties and every of them that the same shall be and inure and that the said R.S. his heirs and assigns shall stand and be sei●ed of the said capital Mansion and all and singular other the said premises with their appurtenances in the said Recovery meetioned to the uses intents and purposes in and by these presents limitted and expressed and to none other use intent or purpose whatsoever that is to say to the use of him the said E. G. and the heirs males of his body Proviso or power of Revocation lawfully begotten c. Reciting the uses at large Provided always that if the said E. G. party to these presents shall at any time during his natural life intend or be willing to alter change
should from time to time create declare limit expresse or appoint and to no other use purpose or intent The said recited Indenture or any thing c. notwithstanding And afterwards in performance of the Covenants grants and agreements in the said recited Indenture mentioned several Fines and Recoveries were had levied knowledged and executed of in and upon and for and concerning the said Barony Monours Lands Tenements and premises in the Court of Common pleas at Westminster as also before the then Justices in the County of Chester and also before the Justices in the said County of F. all and every which Fine and Fines Common Recovery and Recoveries were had levied knowledged and suffered to the uses intents and purposes and with and under the several provisoes conditions and limitations in the said recited Indenture mentioned After which the said R.B. of W. died without issue male of his body lawfully begotten In consideration of the Proviso in the recited Indenture Now know all men by these presents that I the said Sir R.B. for divers causes and considerations me moving and by vertue of the said recited Proviso and the liberty power and authority by the said recited Indenture to me reserved and according to the true intent and meaning of me the said Sir R.B. and of all other the Parties to the said recited Indenture Have altered changed revoaked determined and made void and by this my present writing Indented The Revocation of the Uses being by me signed and fealed in the presence of the Persons undernamed do alter change revoake frustrate cease determine and make void all and every the said use and uses Estate and Estates created raised expressed declared limited and appointed by the said recited Indenture Fine or Fines Recovery and Recoveries and every or any of them to the faid W.B.R.B. and T.B. Brothers of me the said Sir R.B.W.B. of c. R.B.T.G. alias B.I.R. of c. W.B. Brothers of the said J.B. of c and to all and every the severall Sonnes and Heires males begotten on the several bodies of them the said W.B. and T.B. my Brother W.B. of c. R.B.T.G. alias B.I.B. of c. and W.B. his Brother and every of them of and in the said Barony of M. Manours Lands Tenements and Hereditaments in the said recited Indenture mentioned or any part or parcel thereof And further know all men by these presents That I the said Sir R.B. for the fatherly love and affection that I the said Sir R.B. do heare to Dame M. E. my only Daughter and Heire apparent now Wife to Sir R.E. Knight and to the Heires of her body lawfully begotten doe by these presents by vertue of the said recited Proviso in the said recited Indenture contained and the liberty power and authority therein and thereby to me reserved as a foresaid create declare limit and appoint that the said Fine and Fines Recovery and Recove●ies so had levied knowledged and suffered of the said Barony and premises before in these presents mentioned as aforesaid and all and every the Parties thereunto and all and every Person and Persons and their Heires which now be or hereafter shall stand and be seized of and in the said Barony and premises or of or in any part or parcel thereof shall by vertue thereof from and after that every of the said several Uses and Estates limited and appointed as aforesaid of and in the said Baromy and premises to me the said Sir R.B. and to the said several Sonnes of the body of me the said Sir R B. shall be ended That the said Barony shall be to the use of R.B. and his Heires c. expired and determined stand and be seized of and in the said Barony and premises and of and in every part and parcel thereof to the use and behoofe of the said R.B. my Brother and his Assignes for and during the terme of the natural life of the said R.B. my Brother without impeachment of any manner of waste And immediately from and after the death of the said R.B. last named then to the use of the first Sonne of the body of the said R.B. last named lawfully begotten and of the Heires males of the body of such first Sonne of the said R.B. last named lawfully begotten And for default of such inssue to the use of him that shall be the second Son of the body of the said R.B. last named lawfully begotten and of the Heires males of the body of such second Sonne of the said R.B. last named lawfully begotten And for default of such issue c. ut supra And for default of such issue to the use of every other Sonne or issue male of the body of the said R.B. last named lawfully begotten which the said R.B. last nemed shall happen to have above the number of six Sonnes and of the Heires males of the body of every such other Sonne of the said R.B. last named successively one after the other as they shall be in seniority one before the other so long as there shall be any Sonne or issue male of the body of any Sonne of the said R.B. last named lawfully bebotten extant And for default of such issue to the use of the said T.B. Brother to me the said Sir R.B. and his Assignes for and during the terme of the natural life of the said T.B. without impeachment of any manner of waste and immediately from and after the death of the said T.B. then to the use of him that shall be the first Sonne of the body of the said T.B. lawfully begotten and of the Heires males c. ut supra And for default of such issue to the use of the said Dame M E. Daughter and Heire apparent of me the said Sir R.B. and Wise to the said Sir R E. Knight for and during all the natural life of the said Dame M. and from and after her decease to the use of R.E. Esquire Sonne and Heire apparent of the said Sir R. E. and Dame M. his Wife and of the Heires males of the body of the sad R. E. lawfully to be begotten And for default of such issue to the use of S. E. second Sonne of the body of the said Dame M. E. lawfully begotten and of the Heires males of the body of the said S. E. lawfully begotten and fon default of such issue c. ut supra And for default of such issue to the use of the right Heires of the said Dame M. E. for ever That if R.B. c. doe any act to hinder the Estates then their Estate shall be void Provided always that if the said R.B. Brother of mee the said Sir R.B. or any of the said severall Sonnes of this body begotten or any Heire male of the severall bodies of the same Sonnes lawfully begotten or to be begotten or if the said T. B. my Brother or any of the said severall Sonnes of the body of the said T. B. or
Lands Tenements Rents Reyersions Services and Hereditaments with their and every of their appurtenances of or in R. or elsewhere in the County of S. now or late being or reputed the freehold and inheritance of the said Sir W. B. And of or in all and singular Messuages Houses Edifices Buildings Barnes Stables Orchards Gardens Farms Lands Tenements Meadowes Pastures Feedings Woods Underwoods Rents Reversions Services Royalties and Hereditaments whatsoever with all and singular their and every of their appurtenances in R. aforesaid or elsewhere in the said County of S. of or in which the said VV. B. now hath any estate of inheritance And of or in all and singular Rents and yearly profits reserved due or payable out of or for the premises and every o● any part or parcel thereof And of or in the reversion and reversions remainder and remainders of the premises and of every part and parcel thereof shall and will stand and be seized thereof and of and in every part and parcel thereof to the uses intents and purposes hereafter mentioned ⋆ That is to say to the use and behoof of the said Sir W. B. and his Heires untill the said Marriage had and solemnized between the said H.B. and A. then to the use of H.B. for and during his natural life without impeachment of wast and after his decease theu to the use of A. for term of her natural life And from and after the decease of the Survivor of them the said H. and A. then to the use of the Heires males of the body of H. S. on the body of A. lawfully begotten and for default of such issue then to the use and behoof of the Heires males of the said ‑ H. B. lawfully begotten and for default of such issue to the use and behoof of the said Sir W. B. for and during his natural life and after his decease to the use and b●hoof of R. B. second Son of Sir W. B. and of the Heires of the said R. lawfully begotten and for default of such issue then to the use and behoof of the right Heires of the said W. B. for ever That is to say to the use and behood of the said Sir W. B. and of his Heires untill the said Marriage shall be had and solemnized between the said H. B. and the said A.S. and from and after the said Marriage had and solemnized between the said H.B. and the said A. then to the use and behoof of the said H.B. and of his Assigns for and during the term of his natural life without impeachment of or for any manner of wast and from and after his decease then to the use and behood of the said Ann● and of her Assigns for and during the term of her natural life and from and after the decease of the Survivor of them the said H. and A. then to the use and behoof of the Heires males of the body of the said H.B. on the body of the said A. lawfully to be begotten and for default of such issue then to the use and behood of the Heires 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 Sir W.B. and of his Assigns for and during the term of his natural life and after his decease then to the use and behoof of R. B. second Son of the said Sir VV B. and of the Heires males of the body of the said R. lawfully to be begotten and for default of such isse then to the use and behoof of the right Heires of the said Sir VV. B. for ever Covenant that the Lands are discharged c. or shall be saved ●●armel ●●●e from all inca●●brances And the said Sir VV. 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 o● th●m That the said Manour c. and all and singular other the premises with their apputenances before mentioned now are and be and so at all times hereafter and from timo to time shall be remain and continue unto the uses intents or purposes before in or by these presents limited expressed or declared free and clear and freely and clearly acquitted exonerated and discharged or othetwise well and sufficiently saved and kept harmelesle of and from all and all manner of Bargaines Sales Gifts Grants Leases Joyntures Dowers Ules Wills Intailes Fines Feoffements Recoveries Statutes Merchant and of the Staple Recognizances Judgements Executions and of and from all other charges titles troubles and encumbrances whatsoever be or shall be had made committed or done by the said Sir VV. B. or by any other Person or Persons by his means Excepeing certain Leases c. made by c. the true Copies of Counterparts wherof are now delivered by Sir W. B. to N. S. consent or procurement All such Leases estates and interests as the said Sir VV. B. hath heretofore made or caused or suffered to be made to any Person or Persons of or concerning all and singular the said Manours Capital Messuages or Farmes Lands Tenements Hereditaments and other the premises or any part or parcel of them by any Deeds Indentures or Writings the true Copies or Coanterparts wherof be now delivered by the said Sir VV. B. unto the said N. S. onely exceptd and foreprized * The usuall Covenant for further assurance with every such further lawful reasonable act and acts thing and things device and devices in the Law whatsoever for the more perfect and better assurance of the said Manours c. to remain to such uses intents and purposes as are before in the presents limited And also that he the said Sir VV. B. and his Heires shall and will at all times hereafter and from time to time at and upon the reasonable requests and costs and charges of the said N. S. his Heires or Assigus doe make knowledge execute 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 more better and perfect assurance sure making and conveying of the said Manours c. and of every part and Parcel therof to be and remain to such uses limitations intents and purposes as are therof before in or by these presents limited declared or appointed Be it be Recovery or Recoveries with one or more Voucher or Vouchers over Fine or Fines with or without Proclamations Feoffment or Feoffements 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 advised required ¶ In witnesse whereof to one part of these present Indentures remaining with the said N. S. the said Sir W. B. H. B. and A. S. have set their hands
enjoyed Limitations of uses towards the payment of Debts and Legacies and satis'ying Executors for all their charges which they have not allowed by the Will and now in the tenure or occupation of c. or of his Assignee or Assignees containing in the whole by estimation c. whether more or lesse thereof there be had situate c. To the use and behoof of A. G Wife of the said E. for and during the term of her natural life and after her decease to the use and behoof of S. H. of c. his Executors and Assigs for and towards the payment of the debts of the said E. G. and satisfying of his Legacies in his last Will and Testament specified and contained and for the discharge of such charges as the said Executors have or shall sustain and be put unto in or about the same and in or about the last Will and Testament of I. G. deceased for during and until the debts and bargains of the said E. G. be fully paid and discharged and also until the said Executors their Exec. or Assignes shall have had levyed and received all and every such charges and expences whatsoever as they or any of them shall have layed out disbursed or be put unto in or about the last Will and Testament of the said E. G deceased which the said Executors shall not by the last will of the said E. be allowed and afterward to the use and behoof G. H. his Heirs and Assigns for ever Provided always A Proviso or power of ●●●vocation the old uses by Deed c. and power by the same deed to limit new uses and it is fully condescended concluded and agreed upon by and between the parties of these presents and either of them their Heirs Executors and Assigns and every of them that if it fortune E. G. of c. Son of I. G. c. aforesaid deceased to reform himself and also during the natural life of the said E. G. to have issue male of his body lawfully begotten that then it shall and may be lawfull to and for the said E. G. by his sufficient Deed in writing under his hand and seal and delivered in the presence of two sufficient Witnesses at the least to change alter and revoke in the whole or in pats the use and uses before by these presents unto the said G. H. and his Heirs and Assigns limited and appointed of all the said recited premises or of part or of so much there of as he the said E. G. shall think good and by the same his sufficient Deed in writing as aforesaid to limit and appoint any new use or uses of the said premises or any part or parcel thereof to the said Issue male of the body of the said F. G. lawfully begotten for life in ●ay●● or in see or for any other astate as he the said E.G. shall think convenient and that from and immediatly after such limitation and appointment of such new use and uses as aforesaid they the said W. I. R. S. P. M. P. H. and the Survivor of them their Heirs and Assigns shall stand and be seized of the said premises as aforesaid and the Feoffment or other assurance to be made as aforesaid shall be and is by these presents meant and intended to be to such new use and uses intents and purposes as by the same Deed in form aforesaid shall be limited and appointed and after the decease of the said E. G. as aforesaid then of and in all those c. commonly called and known by the name of B. land or by whatsoever name or names the same is called or known conteining by estimation c. whether the more or lesse now in the tenure or occupation of S. H. or of his Assignee or Assignees situate lying and being in B. aforesaid and also of and in 5 pieces and parcels of Land c. commonly called and known by the name of K. land or by whatsoever name or names the same is called or known Limitations of uses to the Feoffees upon trust and confidence that they upo the erection of a School shall convey the lands over towards the maintenance of a Schoolmaster c. the School to be incorporated by such a name to be gover fied by such orders as they shall appoint containing by estimation c. whether more or lesse together lying in the said parishes of B. and R. and which was late in the tenure and occupation of c. and now is in the tenure and occupation of I. M. or of his assignee or assignees To the use of them the said W. S. R. S. P. M. P. H. and the survivor of them their Heirs and Assigns to the end intent and purpose and upo●● special trust and confidence that they the said c. or the survivor or survivors of them their Heirs and Assigns shall and doe immediatly after and upon the erection of a Free-School to be erected and set up within the Parish of B. aforesaid by their good and sufficient conveyance and assurance in the Law convey and assure the said premises for and rewards else maintenance of a School master to reach in the said School and his successors for ever The said Free School to be incorporated by the name of the Free School of E.G. at B. and to be ruled and governed by one or more heads and governours and by such orders laws and decrees as shall by them the said c. o● the survivor or survivors of them be set down and though most meet and conveniene And if the School shall not be erected during the life of the Feoffor nor within two years after his decease or if the land shall not be conveyed to the maintenace of a Schoolmaster c. then to the use c. and if there be not a School erected and set up within the said Parish of B. during the life of the said E. G. not within two years next after his Decease Or that the said premises be not by the●● the said c. or the survivor of them their Heirs or Assigns convened o● assured unto the maintenance of a School master und his Successors to teach in the said School as aforesaid then the said last-recited premises to be to the use and behoof of E. S. Son of the said R. S. his Heirs and Assigns for ever and after the decease of the said E. S. as aforesaid then of and in our Messuage or Tenement c. and all other appurtenances together with c. conteining by estimation c. whether more or lesse to the said Messuage or Tenement belonging and appertaining situate and lying in B aforesaid and now in the tenure and occupation of I. M. or of his Assignee or Assignees to the use and behoof of the Executors of C. aforesaid Gent. his Executors and Assigns for and toward the payment of the Debts of the said E. G. and satisfying his Legacies in his
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
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
of the other part Witnesseth that for Consideration of a Marriage and in consideration of a Marriage of late had and solemnized between the said E M. and E his now Wife Daughter of the provisoes Articles and Agreements that passed and were made upon the conclusion of the same Marriage and for reducing of the same into Covenants and also for the more security for conveying and assuring of a competent Jointure to and for the said E. of the inheritance of the said W. and E M. to be and remaine to the severall uses intents and purposes hereafter and herein declared and for di●ers other good just lawfull and reasonable causes respect purposes and considerations the said parties hereunto especialy moving It is covenanted granted concluded confirmed condescended determined and agreed by and between the said Parties to these presents for themselves their heirs c. and to the effect and form following viz. First the said W. and E M. for themselves their heires A Covenant to make Estates c. do covenant grant and promise to and with the said E M. his heires c. by these presents That the said W. and E M. or either of them and their heirs and the heirs of either of them shall and will at all times hereafter and from time to time at and upon the reasonable request costs and charge in the Law of the said E M. his heires c. make seale deliver knowledge perform perfect and execute and cause and procure and suffer to be made c. unto such person and persons as by the said E M. his c. thereunto nominated and appointed all and every such Estate Fines Feoffments conveyances acts things devises and assurance in the Law as by the said E M. his heires c. or his or their learned Councell shall be devised orrequired for the assuring conveying passing and sure making of all and singular those messuages Lands Tenements and Hereditaments Habend for uses cumpertinentiis in c. To have and to hold the said Messuages c. unto the said Person or Persons to be named and appointed as aforesaid and his or their heires or assignes to the severall uses intents and purposes and upon with and under the provisoes and limitations hereafter in these presents expressed and declared and to none other use intent purpose Covonant to whose use it shall be limitation or meaning that is to say It is covenanted granted condescended concluded and agreed by between the said parties to these presents for themselves their heirs c. and it is their full meaning agreement purpose and intent That the said Estate Fines Feoffments conveyance and assurances for and touching c. shall be and the said person or persons to be named and appointed as afore aid and his or their heirs or assignes shall stand and be thereof seised to the use and behoof of c. That they are true owners and are seised in Fee c. And the said W M. and E M. for them their c. doe Covenant c. and either of them for and by himselfe his heires c. That they the said W M. and E M. and either them or one of them at the making and executing of the said conveyances and assurances are true lawfull and perfect Owner of the said messuages lands tenements and hereditaments cum pertinent is and are thereof lawfully seized in possession of an absolute Estate in Feesimple Fee-taile or the one of them and are thereof seised in possession for term of his life with the immediate reversion or remainder thereof over to the other of an estate of Inheritance shall then have ful power right title authority to pass convey assure the premises cum pertinentiis to the uses according to the effect aforesaid And free from incumbrances And that they the said W M. E M. and either of them their heires c. shal and wil at al times hereafter acquit and discharge or otherwise from time to time upon reasonable notice and request fully and sufficiently save harmless aswell the said messuages c. as also such person or persons to whom any use or estate is before by these presents limited or appointed of for from touching and concerning all and all manner of bargains s●les guifts grants fines feoffements estates entailes recoveries executions limitations presente contingente and future uses statutes recognizances judgements rents charges troubles leases extents entrusions issues liveries forfeitures exceptions And that he the said E M. and E. his wife That they shal enjoy and the said E M. and his heirs and the said severall sons the heires of their severall bodies lawfully to be begotten and all and every other their heire and heires to whom any use or estate is by these presents before mentioned intended limited appointed or declared shall and may quietly and peaceably have hold occupy and enjoy the faid premises cum pertinentiis according to the uses and true meaning before declared and the assurances hereafter to be made and passed in that behalfe without any let sute vexation hinderance expulsion eviction interruption or trouble of the said W.M. or his heires or assignes or of any other person or persons lawfully claiming from by or under him or them or by his or their means assent commandements or procurement Exceptions And that the said W. and E M. nor either of them That he shall not doe any act to make void the Estates nor to disable him to sell shall not at any time or times hereafter make do attempt assent unto knowledge execute or willingly suffer any manner of estate conveyance assurance act thing matter or device whatsoever whereby or by reason whereof the uses and estates before declared or any of them for and touching the said Lands and Tenements or any part or parcell thereof shall and may be discontinued cut off debarred overthrown or made void or whereby the said E. or any of the said sons or any heire of any of their bodies lawfully begotten or the heire of the body of the said E M. upon the body of the said E. lawfully to be begotten or the said E M. or his heires shall or may by any means be defeated defrauded excluded or disinherited of the premises or any part or parcell thereof or of any use or estate hereby to him or any of them appointed limited or intended to be contained or mentioned in any of the said conveyances or assurances contrary to the true meaning of these presents or whereby or by reason whereof the said W M. and E M. or any of them shall or may in any sort or degree be disabled perfectly sufficiently and surely to make passe convey and assure the said Messuages Lands and Tenements or any part or parcell thereof according to the uses limitations and true meaning of and in these presents expressed and declared And the said W M. and E M. for them If
the land be not passed before the day then they to stand to the uses before declared their heires c. and either of them for and by himselfe his heires c. do and doth in consideration of the said Marriage and for and in consideration of the said naturall love good will zeale and fatherly affection which the said W M. hath and beareth towards the said E M. and for the conveying and assuring of the said Jointure and for the establishing setling and assuring of the said Messuages Lands and Tenements cum pertinentiis to the severall uses behoof and purposes before herein expressed and declared and for and in respect of divers other good causes and considerations them especially moving grant covenant and promise to and with the said E M. his heires c. That if or in case the said Messuages Lands and Tenements or any part or parcell thereof shall happen not to be by good and sufficient conveyance and assurance in Law sufficiently conveyed passed and assured to the uses intents behoofs and purposes aforesaid within the space of c. next ensuing the Date hereof That then and from thenceforth the said W. and E M. and either of them and their heires and assignes and the heires and assigns of either of them and all and every other person and persons that then shall stand and be seised of and in such and so many of the premises as shall not be sufficiently and perfectly conveyed passed and assigned to the uses aforesaid shall stand and be thereof seized to such severall uses respects purposes limitations and intents and under such provisoes and conditions as are before by and in these presents limited expressed appointed and declared for and touching the same according to the true meaning of these presents * Proviso that if E. dy before she be aged 24 years without issue living or if it be alive and live not till shee should have been aged 24 yeares if shee had lived then the estate to be void and they to stand se●zed to the use of E M. till W M. pay him 500 l. then the Estate to be to the use of W M. and E M. for her join sure Provided alwaies a ditis granted concluded condescended determined and agreed by and between the said parties to these presents for themselves their heires c. And it is also their full meaning agreement purpose and intent That if the said E. shall happen to decease and depart this life before her full age of 24 years without any issue of her body of and by the body of the said E M. lawfully begotten then living or in case she have the issue living if the same issue happen to decease and depart this life before such time as the said E. if she had lived should have accomplished the said age of c. That then and from thenceforth the uses before herein declared and expressed for and touching the said Messuages Lands and Tenements cum pertinentiis by and in these presents limited and appointed tobe conveyed to and for the Jointure of the said E. shall utterly cease determine and be void to all intents and purposes And that then and from thenceforth and at al times after the said estates feoffment conveyances and assurances for and touching the said Lands and Tenements cum pertinentiis shall be and shall inure and the said Person or persons to be named and appointed as aforesaid and his or their heires and assignes shall stand and be thereof seized to the use and behoof of the said E M. and his heires untill the Feast of c. that the said W M. his heirs c. shall well and truly pay content and satisfie unto the said E M. his c. at his now dwelling house s●ituate c. the sum of c. without fraud or covin and that from and after such paiment the same appointed estates feoffments conveyances and assurances for and touching the premises limited and appointed to and for the Jointure of the same E shall be and the said person and persons to be nominated and appointed as aforesaid and his and their heirs and assignes shall stand and be thereof seized to the use and behoof of the said W M. and E M. and their heirs and assignes for ever Anything in these presents contained or to be contained in the same estates feoffments conveyances and assurances or any of them to the contrary thereof in any wife notwithstanding Provided alwaies Proviso that if any of the Feoffees do any act to hinder the estates then the estate of them so attempting shal go to the other Feoffees and it is neverthelesse fully concluded condescended and agreed by and between the said parties to these presents and every of them That if the said V G. W. G. and R G. or any of the heires of the body of the said E M. lawfully begotten shall at any time or times hereafter willingly advisedly or actually attempt or go about to commit or do or cause to be done any act or acts thing or things whatsoever of the said Mannors c. to be assured or conveyed or any part or parcell thereof whereby or by means whereof any estate use or possession above in these presents limited or expressed for any of them shall or may be in any wise discontinued impeached charged hindered cut off barred or extinguished contrary to the intent and true meaning of these presents except such act and acts thing and things as are in or by these presents mentioned licensed limited or permitted and except the lawfull and reasonable Dower of such woman or women as are or shall be his or their lawfull wife or wives That then immediately and from and afterevery such attempt of the said V G. W G. or R G. or any of them or any of the heires males aforesaid the estate use remainder and possession of such of them as so shall willingly advisedly and actually attempt go about doe commit or cause to be done any such act or acts thing or things shall cease and determine of and in and for such part onely of the said Mannors c. whereof any such attempt or going about shall be had or made as is aforesaid as though such person or persons so attempting or going about were naturally dead and that yet neverthelesse all other several uses estates and remainders now by these presents limited and expressed of and for the same shall stand and be of and in the same and in the like sort as if such person or persons so attempting or going about were dead And that then and from thenceforth the said conveyance and assurance shall be and the said Feoffees and their heirs and all other persons to whom any such conveyance or assurance as is aforesaid shall be had or made and their heires shall stand and be seized of for and concerning so much and such parcell onely of the said Mannors c. so to be conveyed and
assured whereof any such attempt or going about shall be had or made to the use and behoof of such other person and persons as should or ought to have the same by the intent and true meaning contained in these presents next after the death of the said person or persons so going about or attempting in such sort and manner and of such estate and estates as is aforesaid limited and as he or they should or ought to have the same if the said person or persons so attempting or going about to doe any act or thing were then dead Any thing in these presents contained c. notwithstanding Provided also that if the said V G. or any of the Sons of the said V G. lawfully begotten Proviso that if any of the Feoffees marry without the consent of V G then their Estates shall be to them which ought to have it as if he had been dead or any other which then shall be heir apparent of the said V G. shall in the life time of the said V G. marry or take a Wife or contract Marriage without the consent of the said V G. first had and obtained in writing That then the estate use remainder and possession of every such person and persons so marrying and contracting sha●l cease determine and be void as though such person and persons so marrying or contracting were naturally dead And that yet neverthelesse all other the severall uses estates and remainders now by these presents limited and expressed of and for the said Mannors c. shall stand and be of and in the same and the like sort as if such person and persons so marrying and contracting were dead and that the said conveyance or assurance and the said Feoffees and their heires and assigns and all other persons to whom the said conveyance and assurance as is aforesaid shall be had or made and their heires shall stand and be seized of for and concerning the said Mannors c. to be conveyed or contained in the said conveyance and assurance to the use and behoof of such other person or persons as should or ought to have the same by the intent and true meaning of these presents next after the death of the same person or persons so marrying or contracting in such sort or manner and form and of such estate and estates as is before limited and as he or they should or ought to have the same if the same person or persons so marrying or contracting were then dead Any thing herein contained c. notwithstanding Proviso that it shall be lawfull for V G. to make his wi●e a Jointure of 100 l. a yeare during her life Provided alwaies and it is the true c. that it shal and may be lawfull to and for the said V G. by his writing or writings indented sealed with his seale and subscribed by him in the presence of three witnesses at the least or by his last Will and Testament in writing to be sealed and subscribed by him or published in the presence of three witnesses at the least to give grant limit or appoint to every or any woman that is or shall be hereafter his lawfull wife one annuall or yearly Rent not exceeding the sum of 100 l. by yeare to any such woman to be severally inssuing and growing out of the said Mannors c. so to be conveyed and assured or any part thereof Habend the said annuall Rent to every or any such woman for term of her life for and in the name of her Jointure the same to be paied at the Feasts of c. yearly by even portions the first paiment to begin at such of the said Feasts as shall happen next after the decease of the said V G. Provided alwaies and it is in like manner agreed Proviso that it shall be lawfull for him to give unto A B 100 l. per annum in consideration that he is to pay his daughters portion c. ut supra to give grant limit and appoint unto A B. and his heirs one other annuall and yearly rent charge of 100 l. per annum to be issuing and going out of the said Mannors c. to be conveyed or assured as aforesaid or out of such part thereof as shall be liable and sufficient to and for the same Habens the said annuall rent of 100 l. to the said A B. and his heirs under and upon such conditions limitations trusts and confidence as hereafter is in these presents contained and expressed the same to be paid at the Feasts aforesaid by even portions and the first paiment thereof to begin at such of the said Feasts as shal happen next after the decease of the said V G. Neverthelesse it is the intent and meaning of the said Parties to these presents That the said A B. and his heires shall have and receive of the said annuall rent of 100l upon a speciall trust and confidence that he and his heirs of and with such sums of mony as shall be had and received thereof and thereby shall content and pay or cause to be paid as well to every daughter of the said V G. upon the body of the said M. his wife lawfully begotten or hereafter to be begotten which shall be living at the time of the decease of the said V G. and not married except such as shall dy if they be married the full sum of c. apiece for and towards their advancement and preferment in marriage or otherwise as also to such of the said daughters of the said V G. as shall be married in his life time and whose marriage-mony agreed upon by him in his life time shall be unpaid in part of the whole at the time of his decease such sum and sums of mony as with such part of the said marriage mony which shall be paid in the life of the said V G. shall extend to be and for every such daughter 500l apiece in the whole the same to be first paid and discharged according to such Covenants Bonds and agreements as shall be made by the said V G. in that behalfe and then the other sums aforesaid to be lea●ied and paid to every other of the said daughters successively according to the order and priority of their age and birth Provided Proviso that it shall be lawfull for him to let to lease or lives that if shall and may be lawfull to and for the said V G. by his deed or deeds Indented to be sealed with his seale and lawfully executed to demise grant or let to farm all and every the said Mannors c. except to any Person or persons for 27 yeares or three Lives or for 21 years or under in possession only and not in reversion or remainder of for any term of years determinately and to be determined upon two or three Lives so that the antient yearly rent and service or more be reserved payable yearly upon every such demise and lease
refuse to marry her then I.R. to repay the money c. That in case it fortune the said R.R. his Sonne to disagree and refuse to marry and take to his Wife or doe not marry and take to his Wife the said K.W. or that any other default mislike or impediment do or shall arise grow or happen on the part and behalfe of the said R.R. or the said I.R. or either of them or by their or either of their assent or procurement whereby or by meanes whereof the said Marriage shall not or doe not take effect between the said R. and K. in manner and forme aforesaid according to the true intent and meaning of these presents That then the said I.R. his c. shall and will well and truely content and pay or cause c. unto the said R.W. his c. the summe of c. at one whole and entire payment within thirty daies next after the said Feast of c. without Covin fraud or delay * Proviso that if I.R. doe pay 100l then he shall be quit of the two former Covenants Provided alwaies and neverthelesse it is the intent and meaning of these presents and of all and every the Parties to the same That if in case the said I.R. his c. doe or shall doe at any time hereafter well and truely and without all fraud and covin satisfie and pay or cause c. unto the said R.W. his c. the summe of 100l for or by reason of any breach or not performance of either or both the said two Covenants or Articles of agreement by these presents last before mentioned and set downe and for by reason or in consideration of the said two last recited Covenants or Articles or either of them not performed and kept by the said I.R. and R.R. or either of them according to the tenour and true meaning of the same The then and from thenceforth and in such case that is to wit immediately from and after and upon the true payment of the said summe of 100l so by him the said I.R. his c to him the said R.W. his c. had and made as is aforesaid he the said I.R. his c. shall stand and be clearly acquitted and discharged against him the said R.W. his c. of and from the said two Covenants and Articles last above mentioned and of and from all manner of summes of money penalties and forfeitures due and to be due by reason of any breach or non performance of the same Covenants or Articles or any other clause or Article or thing in these presents contained to the contrary c. And also the said I.R. doth Covenant c. That he the said I.R. shall and will well and sufficiently maintaine That I.R. shall provide all things for R.R. K.W. and their issue during R.R. life provide for find keep and sustaine the said R.R. and K.W. his Wife and all the issue of their two bodies begotten from time to time and at all times immediately from and after the said marriage betweene them the said R. and K. so had and solemnized as aforesaid during the natural life of him the said I.R. with sufficient and convenient meat drink clothing lodging and all other necessaries to them belonging according to their and every of their calling Estates and degrees And further the said I.R. doth Covenant c. And that I.R. shall give unto them the sum of c. and other goods That he the said I.R. after the said marriage so had between the said R. and K. as aforesaid shall and will either in the life time of him the said I.R. or at the time of his death leave give grant devise bequeath or assure convey content and pay or cause to be truely contented and payed unto the said R.R. and K.W. or to the said K. if she happen to survive the said R. or if it happen the said K. to be then dead then to such issue Child or Children between them the said R. and K. begotten as shall then happen to be living the summe of c. at one whole and entire payment and also such and so much implement of houshold and houshold stuffe corn cattel bedding instruments tooles furniture of husbandry and other necessaries of his owne proper goods and chattels of every sort and kind as shall amount to and be of the full value of c. or more That she shall enjoy all that Messuage c during her life and after her decease then her Children or else I.R. to pay them 200l And moreover the said I.R. doth also covenant c. That she the said K. and her Assignes after the said marriage so had and solemnized during her natural life and after her decease such Child and Children as between them the said R. and K. shall fortune to be begotten during the life and lives of such Childe and Children shall and may quietly and peaceably enter into have hold occupie possesse and enjoy to her and their owne proper use and uses all and singular that Messuage or Tenement with the appurtenances situate c. now in the occupation of c. and all Houses edifices orchards gardens Lands Tenements leasowes medowes pastures feedings commons heathes and turbaries to the same belonging or appertaining or used and occupied therewith or with any part or parcel thereof immediately from and after the death and decease of the said I.R. without any let suit vexation expulsion eviction or disturbance of any person or persons whatsoever Or else that he the said I.R. his c. shall truely content and pay or cause c. unto the said K W. or her Assignes or to such Child or Children as shall fortune to be begotten between the said R. and K. and then be in full life the summe of c. within two dayes next ensuing the day of the death of the said I.R. at the free choice and election of the said K. or of such Child or Children so to be begotten and then living as it aforesaid * Provided that M. the Wife of I.R. shall enjoy the third part of the Lands till she be married Provided alwaies and neverthelesse it is the true intent and meaning of these presents and of every the parties to the same That the said R. and K. either of them and the issues of their two bodies and every of them at all times from and after the death and decease of the said I.R. shall permit and suffer M. now Wife of the said I.R. if in case she the said M. be then living and in plaine life quietly and peaceably to enter into have hold occupie possesle and enjoy the third part of the said Messuages or Tenement with the appurtenances c. so long and for and during only such time and terme as she the said M. doth or shall keep her selfe sole and unmarried and of honest report and same without interruption of disturbance Any clause or
said R.L. his Heires and Assignes for ever and to none other use purpose and intent And also that he the said R.L. shall and will permit and suffer all and singular those his Messuages Lands Tenements and Hereditaments in the County of c. which R.L. his Uncle deceased did in his life time given grant convey and assure to him the said R.L. Partie to these presents lawfully to descend come and remaine immediately after his decease to the Heires of his body by and upon the body of the said T.Y. lawfully to be begotten And that the said R.L. Partie to these presents shall not at any time hereafter make doe attempt practice knowledge suffer procure or execute any act or acts thing or things conveyance or assurance whatsoever whereby the said Lands Tenements and Hereditaments of the gift and grant of the said R.L. his late Uncle deceased or any part or parcel of the same shall or may in any wise be dis-continued bargained sold aliened transferred given granted devised or otherwise passed or conveyed away unto any other person or persons whatsoever unlesse it be to the use and behoof of the said R.L. parties to these presents and the Heir of the body of the said R. by and upon the body of the said T.Y. lawfully to be begotten or to those of him the said R.L. and the said T.Y. and of the Heir of the said R. for ever And finally the said R.L. doth covenant c. that if it shall happen the said T.Y. after the solemnization of the said marriage to have issue of her body by the said R.L. lawfully begotten and afterward to decease in the life time of the said R.L. that then he the said R. shall and will by his last Will and Testament in writing give bequeath and devise to the issue of the said R. and T. lawfully begotten as aforesaid the moity of all such goods and chattels as he the said R.L. at the time of his death shall have and be possessed of and also the moity of all such debts and duties as shall be payable and due to the said R.L. at the time of his death over and above assessements and sufficient to answer satisfie and discharge all such debts and duties as the said R.L. by any meanes shall then bona fide without fraud or collusion be indebted and bound for unto any person or persons whatsoever And if the said R.L. shall happen to die living the said T.Y. That then he the said R. shall leave and bequeath unto the said T.Y. such and so much of his goods debts and chattels his whole debts chattels and goods severed and divided into four parts and the charge of his funerall and all his debts and duties due to any others fully paid and discharged out of the same as shall amount in value to the three ful parts of the same so that the said T.Y. shall not nor may not ask claim or demand any moity of the said goods debts and chattels of the said R. then only the said three parts thereof as aforesaid In witness c. An Indenture of Covenants upon Marriage with special Covenants THis INDENTVRE made c. between T. G. of the one part and Sir W. M. of the other part Witnesseth That in consideration of a Marriage In consideration of a Marriage to be had by the permission of God to be had and solemnized between the said T.G. of the one part and the said Lady W. of the other part and for the great good will and affection the said T. G hath and beareth to the same Dame and also to the intent all and singular the Messuages Lands Tenements and Hereditaments with the appurtenances of the said T.G. hereafter in these presents specified shall and may come descend remaine and continue to and in the issue of the said T. G. in such sort manner and form as by these presents is hereafter expressed mentioned limited and declared It is now therefore covenanted granted condescended concluded fully by and between the said parties to these presents in manner and forme following That is to say The said T.G. for the considerations aforesaid doth Covenant promise and grant for him his Heires c. to and with the said Sir W. M. and Sir T. N. their c. by these presents That he the said T.G. before the Feast of That T.G. shall passe an estate in fee simple c. next ensuing the date hereof shall make cause or suffer to be made one good sufficient lawful and indefezible estate in fee simple to the said Sir W. M. and Sir T. N. and their Heires of and in the Mannors Messuages Habend to certain uses c. Recite les tenures par lour several nosmes To have and to hold the said Mannors Messuages Lands Tenements and Hereditaments and other the premisses with the appurtenances except before excepted to the said Sir W. M. and Sir T. N. and their Heires to the use of the said T.G. untill such time as the said marriage be had and solemnised then to the use of the said T.G. and of the said Dame S. for terme of her naturall life and after her decease to the use of the said T.G. and of the Heires males of his body upon the body of the said Dame S. lawfully begotten or to be begotten And for default or such issue to the use of the Heires of the body of the said T.G. lawfully begotten and to be begotten And for default of such issue to the use of the right Heire of the said T.G. for ever And so put downe so that the Lands be of certain value and discharged of incumbrances except Leases and for other assurance And then thus viz. And for the more security surety sure making and conveyance of all and singular the said Mannors and all other the premises with the appurtenances except before excepted to the said Dame S. for term of her life in manner and form aforesaid The said T.G. for him his c. Covenanteth c. That he the said T.G. and his Heires and the said Sir W.M. and Sir T.N. and their Heires and all and every other person and persons that now are or at any time hereafter shall stand and be seized of and in the said Mannors c. except before excepted shall stand and be thereof seized to the use of the said T.G. and D.S. after the same marriage had for term of their two naturall lives without impeachment of wast voluntary wast only excepted and to such further uses and intents as before in these presents are limited and expressed and to none other uses intents or purposes whatsoever And that all and every estate and estates assurance and assurances conveyance and conveyances in the Law whatsoever of the premisses or of any part or parcel thereof hereafter to be had and made shall be only to be said uses and intents in and by these presents before mentioned limited and declared A proviso that the
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
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
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
repeal revoke or make void all the said estates uses remainder and limitations before in these presents mentioned or any of them of c. in the premises or any part thereof And shall by any writing or writings signed with his own hand and seal in the presence of two credible witnesses at the least signifie and declare that his intent and mind is to alter change repeal revoke or make void the said estates uses remainders and limitations or any of them that then and at all times after such writing and writings shall be so signed and sealed all the said estates uses remaiders and limitations before in these presents specified and declared and every any or so many of them as shall be mentioned in the said writing or writings of revocation to be repealed revoked or made void of or in the said premises or any part or parcel thereof shall from thence forth cease determine and be repealed revoked and utterly void for ever And that then and at all times after he the said R.S. his heirs and assigns and all and every other person and persons whatsoever which shall be then seized of the said premises with their appurtenances or any part or parcel thereof shall stand and be seized thereof or of so much thereof as shall be mentioned and conteined in the said writing or writings of Revocation to the only use and behoof of him the said E. G. his heirs and assigns for ever or to such other uses intents or purposes as in the said writing or writings of Revocation shall be limitted declared and appointed and to none other use intent or purpose whatsoever any thing before specified to the contrary in any wise notwithstanding In witnesse whereof c. An Assignment of a Debt unto c. TO all Christian People c. Sir E. H. Knight sendeth greeting in our Lord God everlasting Whereas J. S. late of H. in the County of K. Esq deceased by the name of J. S. of Lincolns Inne in the County of Middlesex Esq by his obligation bearing date c. standeth bound unto the said Sir E. H. in the sum of c. for the payment of c. to one c. upon the c. now last past for payment whereof to the said I. C. the said E. was bound with the said I. at the request of the said I. in the sum of c. Of which bonds to the said I. C. the said I. by the condition of his said bond to the said E. was to discharge and acquit the said E. at the said day with money not being paid in default of the said I. the said E. hath paid and so recite other obligations if it so require c. And whereas W. G. Citizen and Merchant of London one of the Farmors of the Customs and Subsidies within the Commonwealth of England and Dominion of Wales standeth indebted unto c. in divers sums of money by reason of the said Farm Now know ye that the said Sir E. H. for and towards the payment and satisfaction of such sums of money as the said W. G. doth or shall owe unto c. ●●th given granted assigned and set over and by these presents doth give grant assign and set over unto c. his heirs and successors the said Obligations so to him the said Sir E. H. made as aforesaid and the several sums of money in them Proviso that if the Treasurer Ch●ncellor c. shall mislike or disallow the assignment so declare under their hands in writing or by order of Court That then the assignment shall be void for so much as is not levyed towards the payment of the debts of the Farmer unto the c. so that the Farmer have allowance for so much as is paid so that the Obligation be in force and redelivered unto the Assignor not cancelled defaced or made void and every of them conteined Provided that if it shall happen that the said several sums mentioned in the said several Obligations cannot or be not to be levied and had by c. his heirs and successors in such time and sort as the Lord Treasurer Chancellor and Barons of the Exchequer for the time being or any two of them for any cause hereafter shall mislike or disallow of the said assignment and so declare under their hands in writing or otherwise order in the said Court that it shall not be convenient for c. his heirs and successors to accept and take the said several sums conteined in the said Obligation or any part or parcel of them towards the satisfaction of such sums of money as the said W. G. now doth or shall hereafter owe unto c. his heirs or successors by reason of the said Farm and thereupon shall take order that the same or any part thereof shall be returned back again to the said Sir E. H. his executors or administrators That then and from thenceforth this assignment for such of the said several sums or such part thereof as either shall be unlevied or unsatisfied to c. for and towards the payment of such sums of money as the said W. G. doth or shall owe as aforesaid declared or ordered not convenient to be taken or continued to c. shall be and remain void in such sort as if his Assignment had not been made accepted or allowed of So at the said W. G. his executors administrators and assigns may have allowance and defalcation out of the said Debts of so much as shall be before that time of misliking paid answered or satisfied to c. his heirs or successors by reason of the said Assignment and so also that the said Obligations and the interest of them may be in force effect and redelivered unto me the said Sir E. H. my executors administrat● or assigns not defaced cancelled or otherwise made void any thing herein conteined to the contrary thereof in any wise notwithstanding In Witnesse whereof c. Capt. Recognit and us●m d●cti Dommi Regis die Anno infra script coram Jacobo Altham milit unro Baron c. An Indenture by a High Sheriff deputing one to be his Vnder-Sheriff This Indenture c. Between Sir I.L. of c. Knight Sheriff of the Counties of Surrey and Sussex of th' one part and R.K. the younger of W. in the County of Surrey Gent. on the other part Witnesseth that the said Sir I. L. of assured hope and trust that he hath that he the said R K. will honestly uprightly and sufficiently discharge the office and duty of under Sheriff towards the Commonwealth and therein discharge him the said Sheriff and for the confideration hereafter mentioned hath been pleased and contented to assign depute ordain constitute make c by these presents doth assign depute ordain constitute make the said R. K. his under Sheriff of the said County of S. authorising hereby the said R.K. according to the Covenants and agreements in these presents