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A51778 The clerks guide leading into three parts, viz. I. Of indentures, leases, &c., II. Letters of attorney, warrants of attorney, mortgages, licences, charter-parties, &c., III. Bills, answers, replications, rejoynders in chancery, &c., under which are comprehended the most unusual forms of clerkship : to which is added, a fourth part of fines, recoveries, statutes, recognisances, judgements, &c. distresses and replevins : illustrated with cases, and the statutes relating to the same / by Tho. Manley of the Middle Temple, London, Esq. Manley, Thomas, 1628-1690. 1672 (1672) Wing M443; ESTC R9951 653,624 764

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this That a Deed to lead the use of a fine may be either by an Instrument Poll or Indented and the Indented may be either single of two parts of three parts called Tripartite or four parts called Quadripartite or of more parts as the case is thus This Indenture c. between A. of the one part and B. of the second part Or Tripartite as This Indenture c. between A. of the first part B. of the second and D. of the third part Or Quadripartite between A. of the first part C. of the second part E. of the third part and G. of the fourth part and so to name all the persons except the common Vouchee that bear any part in the Deed Fine or Recovery And so in all other matters as the case is the Indentures are to be drawn up In the last place I will cite Six or Seven Cases in this Point and so go on to the next head 1. In 31 H. 8. Nota That a Fine being enrolled in London doth bind as a Fine at Common Law but not as a fine with Proclamations and there needs no Livery of Seisin upon the Deed and this is a Discontinuance without Livery for that by the custome there this bindeth as a fine and the Customes are confirmed by divers Acts of Parliament Litt. Broo. Case 155. 2. In Pasche 2 Jac. B. R. in the Case of the Countess of Rutland against the Earl of Rutland It was held upon Evidence to a Jury and to them delivered by the Court for Law That if there be an Indenture for levying of a Fine to such persons before such a time to such uses and the fine be levied to the same persons within the same time it shall be to the same uses And no Averment can be to the contrary unless it be by other matter in writing But if a fine be levied to other persons or at another time it may be well averred by Paroll to be to other uses For in the first case the Indenture is directory to the fine and in the other case it is but Evidence Cro. 2.29 3. If a Woman who is an inheritrix covenants by Indenture without the knowledg or consent of the husband to levy a Fine to certain Conusees and Uses in the Indenture mentioned and afterwards the Husband covenants by another Indenture without the knowledg and consent of his wife to levy a fine to other Conusees and Uses in that Indenture mentioned and afterwards the husband and wife joyn in a fine to the Conusees in the Indenture of the wife mentioned In this case the Limitations and Declarations of both the Uses in both the Indentures are void and the Fine shall be by construction of Law to the use of the woman and her heirs as if no use had been declared for the wife alone though she be Owner of the Land yet being sub Potestate Viri cannot limit the use on the one side And the husband who hath not any thing in his own right cannot without the good liking of the wise limit the use of the Wives Land So the one is not sui Juris and hath an Estate The other is sui Juris and hath not the Estate and therefore when they differ in the limitation of the Uses all which they do must be void 4. Tenant for life by Fine granted totum statum to A. and his heirs the Grantee dyes the heir being impleaded in a Praecipe prayed ayd and could not have it because it is but an Occupance Co. 10.95 Dyer 321. 5. In the Case of Iseham and Morris Pasch 4 Car. 1. It was Resolved among other things That where one is Lessee for years and assigns over his Lease in trust for himself and afterwards purchases the Inheritance and occupies the Land and then levies a a Fine with Proclamations and the Lessee doth not claim the Lease within the five years this Fine and Non-claim shall barre the interest of the Lessee though he who levied the Fine hath the possession by reason of the Trust But this Trust is included in the fine and the Trustee not making claim his Interest is barred thereby Cro. 1.78 6. Nota. It was agreed by all the Justices and by the Prothonotaries That if the Disseisor levy a Fine and the Disseisee in the preservation of his right against the said fine enter his Claim in the Record of the foot of the fine that the same is not any such claim as shall avoid the Stat. of 4 H. 7. See for this the Lord Zouches Case in Plowd Com. Mich. 29 Eliz. in C. B. 7. In Hill 45 Eliz. B. R. Fitz-Williams Case in Ejectione Firm● it was found That Fitzwilliams did suffer a Recovery to the use of himself and his wife with a Remainder to John Fitz-Williams and with a Proviso in these words Provided That it shall be lawful for him and his wife by their Joynt Deed sealed before three Credible witnesses to alter change revoke determine and make void any use or uses Estate or Estates limited in the said Deed and to limit new uses and that from thenceforth the Recovery shall be to the new uses And it was found moreover that Fitz Williams made a Deed and by it declared That it was their intent to alter change determine revoke or avoid all the former uses to J. F. and thereupon without more words limit new Uses In this Case it was doubted If the old Uses were well revoked and the new uses in being And after many Arguments it was adjudged a good Revocation of the old Uses and a good limitation of new uses Moors Rep. 683. And it seems the like Law is of the Uses of a Fine 8. A Fine was levied to A. to the use of A. for life the Remainder to E. in tail the Remainder in fee to B Provided That if B. pay 100 l. that he shall have Tail in fee expectant In this case upon the payment the use shall arise accordingly Dyer 314. 9. If there be Tenant for life the Remainder in see to an Infant and they both levy a Fine and after the fine is reversed as to the Infant yet the Conusee shall have the Land for the life of the Tenant for life because that each of them gave that which he might lawfully give Englishes Case Co. 1. Part 76. in Bredons Case I will in the last place give you the Statutes concerning Fines The first of which is 27 H. 1. Stat. 1. cap. 1. De finibus levatis Exception against a Fine that the Plaintiffs or Defendants or their Ancestors were alwayes seised of the Lands contained in the fine shall not from henceforth be admitted in the Parties to the fine or their heirs The Fines shall two dayes in the Week be publikely and solemnly read and all Pleas cease in the mean time 34 Ed. 3. cap. 18. The Plea of Non-claym of Fines from henceforth to be levied shall not be any barre Marlb 1. cap. 7. All Fines
Covenant and be returned before it 5. If a Writ of Covenant be brought against the Tenant and a Writ of Entry against the Demandant then the Writ of Covenant must bear date and be returned before the Writ of Entry and this is called the double Voucher 6. That all Writs of Entry must be signed by the Kings Attorney before they be sealed and Fines to the King are to be paid upon them as upon Writs of Covenant The Warrant of Attorney by the Clerk of the Warrants and the Writ of Entry Summons and Seisin are to be returned and filed with the Custos Brevium and the Judgment to be entred by the Prothonorary 7. That in a Recovery with a double Voucher the fine must be sued first to make him Tenant to the Writ of Entry brought either by right or wrong for every Writ of Entry must be brought alwayes against him that is Tenant of the Freehold of the Land demanded at the time of the Writ brought he must be at least Tenant for life or a Disseisor of the Land whereof the Recovery is had for the Estate of the Tenant in tail which is vouched is barted in respect of the Assets onely which are or may be recovered in value end of execution sued by the Tenant against him Plow 11. Dyer 252. And if the Tenant have but an Estate for life or in Dower or by Curtesie in these cases to have a good Recovery such Tenant is ●o make a conditional Surrender of his Estate to him in Reversion or ●●mainder that he may be a perfect Tenant to the Inheritance and then to bring a Writ of Entry against him and after the Recovery is executed the particular Tenant for breach of the Condition may enter and enjoy his Estate notwithstanding such Surrender A President for a Lease to make a Tenant to the Praecipe THis Indenture made c. Between A. B. of c. of the one part and C. D. of c. of the other part Witnesseth That whereas the said A. B. doth hold one Messuage c. in D. in the County of M. the immediate Reversion or Remainder whereof doth belong to the said C. D. and his heirs or to the heirs of his body lawfully begotten for ever Now the said A. B. for the making and perfecting of some assurance shortly to be made of the same Messuage c. by way of common Recovery Hath Granted and Surrendred and by these presents Doth Grant and Surrender unto the said C. D. and his heirs upon the condition herein after mentioned all that the said Messuage c. and all the estate right title and interest of the said A. B. therein To have and to hold to the said C.D. and his heirs upon condition That if the said C.D. do not pay or cause to be paid to the said A. B. the Sum of 1000 l. of lawful English money upon the first day of December next comeing after the date hereof That then and from thenceforth this Grant and Surrender shall be utterly void and it shall be lawfull for the said A. B. into the same Messuage c. to re-enter and the same to repossess and enjoy as in his former Estate In witness c. As to the Warrant of Attorney and Dedimus Po●estatem take this First That in the suffering of Recoveries the Tenants and Vouchees do most commonly appear in person But if they cannot or will not then they may make an Atturney And in that case there must be a Conusance for a Warrant of Atturney taken to authorize the Atturneys and a Dedimus Potestatem to some to take it in this manner Lond. ss Praec A. B. et C. uxor ejus quod juste c. redd D. E. Manerium de M. cum pertin c. quae clam●ee ●us et haered suam et in quae tidem A. B. non habent ingress nisi post disse●●nam quam H. H. injuste et sine judicio secit praefat D infra 30 ann●s jam ultim clapsos c. ●t dic c. Lond. ss A. B. et C. po lo. suo W. W. et R. R. Attornat suos conjunctim divisim versus D.E. de placito terrae Lond. ss M. M. Gen. quem A.B. et C. vocant ad warrant po lo. suo I. I. et L. L. Attornat suos conjunctim et divisim versus D. E. de placito terrae Lond. ss G. W. Gen. Quem M. M. voc inde ad warrant po lo. suo R. G. R. S. Attornat suos conjunctim divisim versus D. E. de placieo terrae Secondly That in these cases there must be two Atturneys at the least and to give them an authority joyntly and severally that if one of them dye before the Recovery be suffered the other may have power to do it And in the Counties Palatine it is usuall to put one Atturney and one of the Justices Clerks Thirdly When this is done the Recoveries may be suffered by the Atturneys without the personal appearance of the parties and such Recovery is good only it will require a longer time to perfect it for in this case there must go forth a Summoneas ad warran which must have Nine Returns ere it can be perfected Fourthly The Recovery thus suffered by the parties in person or by their Attorneys the same must be entred by one of the Clerks of the Court of Common Pleas upon the Rolls of the same Court there to remain upon Record The Forms of Recoveries suffered in the Common Pleas Court or elsewhere are well known to Clerks there Practising However I will give you one excellent President of a Recovery suffered in the Court of the Hustings at London and likewise the forms of Indentures to limit and declare the Uses of Recoveries A President of a Recovery suffered in the Hustings Court London with double Voucher PLacita terrae tent in Hustingo in Guyhald ' Lond ' die Lunae proxime post festum sancti Johannis ante Portam Latinam Anno Regni nostri Jacobi dei gratia Angl ' Scot ' Franc ' Hibern ' Regis Pidei Defensor c. viz. Angl ' Franc ' Hibern ' 18. et Scotiae 53. Ad hunc Hustingum ven hic in propria persona sua D.W. et protulit hic in Cur. brev dicti domini Regis nunc de Recto Paten Majori Vicecomiti London direct● in haec verba scilicet Jacobus Dei gratia Angl ' Scot ' Franc ' et Hibern ' Rex Fidei Defensor c. Majori et Vice-Com Lond. salutem Praecipimus vobis quod sine dilatione plenum rectum teneatis D. W. de 12 Mess 2 Gardinis et 5 Curtilagiis cum pertin in London quae clamat tenere de Nobis per liberum servitium unius denarii per annum pro omni servitio Quae R. V. ei deforc ne amplius inde clam audiamus pro defe●n Recti Teste Meipso apud Westm 4 die Maii Anno regni nostri Angl '
the husband in tail Remainder to another in Fee and the husband doth suffer a Common Recovery In this case it was held That this was no barre to the Issue in tail for any part for there are no moieties between them And there where the husband alone suffers the Recovery there is no lawful Tenant to the Praecipe and so the Recovery is no barr Co. 3.5 Marquess of Winchester's Case 8. In 25 H. 8. it was held That if my Tenant for life vouch a stranger who doth enter into the Warranty and cannot barre the Demandant and the Demandant doth recover and the Tenant over in value That the Land recovered in Value shall not go to me in Reversion after the death of Tenant for life nor shall the Reversion of the Land recovered in Value be in me in the life of the Tenant for life Broo. Cases Sect. 70. 9. In 30 H. 8. it was held That where there was Tenant for life a remainder in taile or for life and the Tenant for life is impleaded and doth vouch him in remainder who doth vouch one that hath a title of Formedon so the Recovery pass by Voucher then the issue of him that hath a title of Formedon may bring his Formedon and recover against the Tenant for life for the recompence shall not go to the Tenant for life and therefore he may recover for his Ancestor war ranted the remainder only and not the Estate of the Tenant for life and therefore the Tenant for life may not bind him by the Recovery for he did not warrant to him and therefore in this case the sure way is to make the Tenant for life to pray in ayd of him in remainder and they to joyn and vouch him that hath the title of Formedon and so to pass the Recovery for the recompence shall go to them both Broo. Case 143. In the last place we come to the Statutes concerning this Point an abstract whereof followes Stat. 7 H. 8. chap. 4. That Recoverors of Lands Tenements and Advowsons their Heirs and Assigns may distrain for Rents Services and Customs due and unpaid and make avowry and justifie the same and have like remedy for recovering them as the Recoverors might have done or had albeit the Recoverors were never seised thereof and shall have also a Quare Impedit for an Advowson if upon avoidance any disturbance be made by a stranger as the Recoverors might have had albeit the Recoverors were never seised thereof by Presentation And here Avery Avowant or Bayliff in any Replegiari or Second Deliverance if their Avowry Conusance or Justification be found for them or the Plaintiff be otherwise barred shall recover his damages and costs Stat. 21 H. 8. chap. 15. That a Termor for years may falsifie a feigned Recovery had against him in the Reversion and shall retain and enjoy his term against the Recoveror his heirs and assigns according to his Lease Also that the Recoveror shall have like remedy against the Termor his Executors or Assigns by Avowry or Action of Debt for the Rents and Services reserved upon such Lease and due after such Recovery and also like Action for wast done after such Recovery as the Lessor might have had if such Recovery had never been and no Stature-Merchant Staple or Execution by Elegit shall be avoided by such feigned Recovery but such Tenant shall also have like remedy to falsifie such Recoveries as is here Provided for the Lessee for years Stat. 34 35 H. 8. chap. 20. That no feigned Recovery hereafter to be had by assent of parties against any Tenant or Tenants in tayl of any Lands Tenements or Hereditaments whereof the reversion or remainder at the time of such Recovery had shall be in the King shall bind or conclude the Heires in tayle whether any condition or Voucher be had in any such fained recovery or not but that after the death of every such Tenant in tayle against whom such recovery shall be bad the Heirs in tayle may enter hold and enjoy the Lands Tenements and Hereditaments so recovered according to the forme of the gift in tayle the said recovery notwithstanding And here the Heirs of every such Tenant in tayle against whom any such recovery shall be had shall take no advantage for any recompence in value against the Voucher or his Heirs But this Act shall not extend to prejudice the Lessee or Lessces of any such Tenant in tayle made in writing indented of any Mannors Lands c. for 21 years or 3 lives or under whereupon the accustomed Rent or Rents is or shall be yearly reserved during the same Term or Terms but the same Lessee or Lessees shall enjoy his or their Terme or Termes according to the Stat. of 32 H. 8. chap. 28. This Act nowtithstanding Stat. 14 Eliz. chap. 4. That all Recoveries had or prosecuted by agreement of the Parties or by Covin against Tenants by the courtesy Tenants in tayle after possibility of issue extinct Tenant for Life or Lives or of estates determinable upon Life or Lives or of any Lands Tenements or Hereditaments whereof such particular Tenant is so seised or against any other with Voucher over of any such particular Tenant or of any having right or title to any such particular Estate shall from henceforth as against the revertioners of them in Remainder and against their Heirs and Successors be clearly voide But this Act is not to prejudice any persons that shall by good title recover any Lands c. without fraud by reason of any former right or title Also every such Recovery had by the assent and agreement of the person in revertion or remainder appearing of record in any of the Queens Courts shall be good against the party so assenting But this assent must appear upon the same record either upon a Voucher ayd prier receit or the like and not by any extrajudicial entry or memorandum Co. upon Lit. 362. Stat. 14 Eliz. chap. 8. Every fraudulent Recovery against any Tenant for Life or whereupon any Tenant for life or be that hath right to Estate for life is vouched shall be void against him in the revertion or in the remainder unless it be by his own assent appearing by record Recoveries in a writ of right bind all strangers not clayming within the years as being suffered by a Disseisor it bindeth the Disseisor by his own Non-claym 5 E. 3.50 Tenant for Life suffering a wrongful Recovery it shall prejudice his right that hath the inheritance though he prayed in ayde and make default 34 H. 6.2 For no ayde prayer is there necessary in as much as the other being Tenant of the Freehold a Recovery is good against him 4 H. 7.3 But that after the death of Tenant for Life he may falsifie it by action of ad terminum qui praeteriit or writ of Right which we call falsifying of Recoveries 24 H. 8. Br. fan rec 41. But he cannot enter neither can Lessee for years
survive and afterwards to inter-marry with any person or persons whatsoever that then from and immediately after the said Marriage as for and concerning one full fifth part in five parts to be divided of all and singular the said Messuages Lands Tenements and Hereditaments with the Appurtenances before hereby specified to be limited and appointed to and for the Joynture of the said F. aforesaid that the Use and Uses Estate and Estates thereof limited to the said F. shall cease determine and be utterly void and that from thenceforth they the said A. B. J. P. and J. G. and the Survivor and Survivors of them his and their Heirs and Assigns shall stand and be seized of the full fifth part of the said Messuages Lands and Premises from and immediately after the inter-marriage of the said F. to the use and behoof of the said Son of V. W. on the Body of the said F. begotten for and during the term of the natural life of the said F. for her maintenance any thing herein contained to the contrary in any wise notwithstanding Provided also and upon this condition and so it is covenanted granted declared and agreed by and between all and every of the said Parties to these presents and their Heirs and Assigns respectively and it is the true intent and meaning of these presents That it shall and may be lawful to and for the said V. W. at any time hereafter during his natural life from time to time by one or more Indenture or Indentures under his Hand and Seal to lease demise set and to farm-let all and every or any of the said Mannors Messuages Lands Tenements Hereditaments and Premises with the Appurtenances which have been usually set and to farm-letten unto any person or persons whatsoever for the term of three Lives or for any number of years determinable upon one two or three Lives or for the term of One and twenty years or over or under in Possession and not in Reversion so as upon every such Lease and Demise the ancient and accustomed Rent or more or the Rent or the Rents now payable or paid or more over and besides Duties Heriots and Services due and accustomed be thereupon reserved and so as such Rents Duties Heriots and Services upon such Lease and Leases severally reserved shall and may be and continue due and payable unto him her or them respectively and successively unto whom the Reversion and Reversions and Remainder thereof is hereby limited and appointed as aforesaid Provided also and upon this further ●ondition and so it is covenanted and agreed by and between all and every the Parties to these presents That if at any time from and after the death of the said V. W. the said G. W. Son and Heir of the said V. W. or such other person or persons as shall be Heirs at Law of the said V. W. shall and do well and truly satisfie and pay or cause to be satisfied and paid unto the said A. B. J. P. and J. G. and to the Survivor or Survivors of them his and their Heirs Executors Administrators and Assigns if H. A. Son of the said F. be then living the sum of four thousand and five hundred pounds of current c. And if the said H. A. be dead the sum of five thousand pounds of like current money at or in the c. To the end that thereby the said A. B. J. P. and J. G. their Heirs Executors Administrators and Assigns may be thereby enabled to purchase Lands and Tenements of the value of c. or may employ and dispose of the same for the use benefit and advantage of the Issue of the Body of the said F. lawfully begotten or to be begotten or if the said V. W. or the said Heir at Law as aforesaid or any of them shall at their own proper costs and charges settle convey and assure or cause and procure to be conveyed and assured other Lands Tenements and Hereditaments which shall be of the clear yearly value of Two hundred and fifty pounds per annum above all Charges and Reprizes unto the said A. B. J. P. and J. G. their Heirs and Assigns and to the Survivor and Survivors of them his and their Heirs Executors Administrators and Assigns to the like several uses intents and purposes and upon the like trusts and confidences and under the like Conditions Provisoes Powers and Limitations as are hereby formerly limited and appointed excepting onely the said Messuage Lands and Tenements herein and hereby limited to and for the Joynture of the said F. that then and immediately from and after such payment or settlement as aforesaid the several Uses and Estates herein and hereby limited other than the Estate for life limited to the said F. as aforesaid of for or concerning the said Land and Premises for the use and benefit of the Issue of the Body of the said V. W. on the Body of the said F. lawfully begotten or to be begotten and every of them shall cease determine and be utterly void And the said V. W. for himself his Executors Administrators and Assigns doth covenant grant and agree to and with the said A. B. J. P. and J. G. their Heirs and Assigns and to and with every of them by these presents That for or notwithstanding any act or thing whatsoever heretofore done or suffered by the said V. W. his Heirs or Assigns or hereafter by him them or any of ther● to be done or suffered to the contrary the said V. W. now is and so at the time when the first Estate of the said Mannor Advowson Messuages Lands Tenements and Premises and every part and parcel thereof shall be conveyed and assured to the said A. B. J. P. and J. G. their Heirs and Assigns to the uses aforesaid shall stand and be seized thereof of a good perfect absolute and indefeazible Estate of Inheritance in Fee-simple or Fee-tail without any Reversion or Remainder in the Crown or without any Covenant or use to alter change or determine the same And also that he the said V. W. for and notwithstanding any act or thing whatsoever heretofore done or suffered to the contrary as aforesaid hath and so at the time of the Execution of the said first Estate of the said Mannor Advowson Messuages Lands Tenements and Premises and every part and parcel thereof with their and every of their appurtenances to the said A. B. J P. and J. G. their Heirs and Assigns shall have full power good right and lawful authority to grant convey and assure the said Mannors Messuages Lands Advowsons Tenements and Premises with their and every of their appurtenances to the said A. B. J. P. and J. G. their Heirs and Assigns to the uses intents and purposes aforesaid according to the true intent and meaning of these presents And the said V. W. for himself his Heirs Executors Administrators and Assigns and every of them doth covenant promise grant and agree to and with the
estate for life of the said El. F. and the Bargain and Sale before herein excepted and further also that he the said R. F. and his Heirs and all and every other person and persons having or claiming to have or that shall or may have or claim to have any right title estate or interest of in or to the premises from by or under him or his said Father except before excepted shall and will from time to time and at all times hereafter during the space often years next ensuing the date hereof upon the reasonable request and at the costs and charges of the said R. B. his Heirs or Assigns make do suffer acknowledge and execute or cause or suffer to be done and executed all such further and other lawful and reasonable acts things and assurances for the further better and more perfect granting assuring and conveying of the said Messuage Tenement Garden and Premises before hereby granted or mentioned meant or intended to be hereby granted with the appurtenances to the use of the said R. B. his Heirs and Assigns for ever according to the true meaning of these presents as by him the said R. B. his Heirs or Assigns or by his or their Council learned in the Law shall be in that behalf reasonably devised or advised and required so as for the making of such further assurance neither the said R. F. nor any other person by whom such assurance is to be made shall be compelled or compellable to travel for the doing thereof further than the Cities of London or Westminster and so as such further assurance contain not nor imply any further or more general warrant or acquittal than is before herein comprized And it is concluded and agreed by and between the said Parties to these presents that all and every fine and fines recovery and recoveries and other assurances whatsoever at any time here●ofore had made suffered or executed of the premises or at any time hereafter be had or executed of the premises or any part thereof either alone by it self or together with any other Lands Tenements or Hereditaments and whereunto the said R. F. hath been or he or his Heirs shall be in any sort Conusor or Conusors Vouchee or Vouchees Party and Patties shall be and enure and shall be deemed adjudged and taken to be and enure as touching the said granted premises to and for the only use of the said R. B. and of his Heirs and Assigns for ever and to or for none other use intent or purpose whatsoever provided alwayes and it is the true intent and meaning of these presents and of all the Parties hereunto that neither these presents nor any thing therein contained shall extend or be construed to extend to charge the said G. G. and E. Ar. or either of them their or either of their Heirs with or for any warranty or acquittal of the said premises or any part thereof other than against him and themselves respectively and his and their respective Heirs In witness c. Note A Demise Bargain and Sale was made by R. H. G. G. and E.A. to W. F. and T. Y. Habend to them for one year from Decemb. 25. last that the Estate of Free-hold might rest in them without Livery Note A Surrender is made by El. to R. F. of her Estate for life for otherwise W. F. and T. Y. could not have been made perfect Tenants of the Free-hold John Vaugh seised of a Tenement jure uxoris for her life the remainder in Fee-tail belonging to Tho. M. together with his wife and the Tenant in tail conclude to convey the same to T. S. and his Heirs the assurance is by Fine and Recovery intended to be executed the use whereof being to T. S. and his Heirs is directed by the following Deed wherein are comprized necessary Covenants THis Indenture Quadripartite made c. between I. V. of c. and Mary his wife late the wife of E. M. late of c. deceased of the first part Tho. M. of c. Son and Heir of the said E. M. on the Body of the said Mary begotten of the second part Tho. S. of c. of the third part and W. F. of c. of the fourth part Whereas the said I. V. and M. his wife stand seized in the right of the said M. of an Estate of Free-hold for term of the life of the said M. the remainder thereof in Fee-tail to the said T. M. party to these presents belonging with divers remainders over of and in all that one great or Capital Messuage c. and also of and in all Houses Edifices c. witnesseth now this present Indenture that for and in consideration of the sum of 600 l. of c. to the said c. well and truly paid and satisfied it is concluded and agreed by and between the said parties to these presents that a good and perfect Estate of Inheritance in Fee-simple shall be conveyed setled and assured to and upon the said T. S. of and in all and singular the said great Capital Messuage or Tenement and Mansion-house now used as two Houses as aforesaid and all other the premises before mentioned with their and every of their rights members and appurtenances and that to that end intent and purpose the said John V. and Mary his wife and Tho. M. party to these presents shall and will before the end of Michaelmas Term now next ensuing the date hereof acknowledge and levy to the said W. F. and his heirs one Fine sur conuzance de droit come ceo c. to be sued out with Proclamations according to the form of the Statute in that case made and provided of all and singular the said Capital Messuage or Mansion-house and other the Premises with the appurtenances by the name of two Messuages with the appurtenances in the Parish of c. or by some other apt name or names as by counsel shall be thought meet to the intent to make the said W. F. perfect Tenant of the Free-hold of the premises that so one Writ of Entry sur disseisin en le post issuing out of the High-Court of Chancery and to be returnable before the Justices of the Court of Common-Pleas at Westminster may be obtained and sued out whereby the said T. S. shall demand against the said W. E. all the said Capital Messuage or Mansion-house and Premises by some apt name or names as by counsel shall be advised to which Writ the said W. F. shall appear in person or by Attorney thereunto lawfully authorized and after count or declaration against him by the said T. S. he the said W. F. shall make defence by words of course and vouch to warranty the said T. M. party to these presents who shall likewise appear in person or by his Attorney in that behalf lawfully and sufficiently authorized and after count or declaration against him by the said T. S. shall make defence by words of course and vouch to
so as to pay 20 l. per annum and Meat Drink c. to his eldest Son his Wife c. and after his decease to several other uses and profits THis Indenture c. Between R. C. of c. of the one part and J.P. C. P. and G. C. of the other part witnesseth That the said R. C. for divers considerations him thereunto moving and especially for the preferment of A. his eldest Son and next Heir and for the Joynture of Alice the now Wife of the said A. and for the preferment of the Issue between the said A. and Alice lawfully begotten and to be begotten hath given granted enfeoffed and confirmed and by c. unto the said J.P. C.P. and G. C. and their Heirs all that Mansion-house or Messuage with the appurtenances wherein the said R. C. now dwelleth set lying and being c. and all the Orchards Gardens Lands Tenements Pastures Meadows Woods Commons Profits Commodities and Advantages whatsoever to the said Messuage and Premisses belonging or in any wise appertaining or being accepted reputed or used as part parcel or member thereof and the Reversion and Reversions Remainder and Remainders Rents and Services of all and singular the aforesaid premises and every part and parcel thereof To have and to hold the said Messuage or Tenement Lands Meadows Leasoes Feedings Pastures Rents Reversions Services and Hereditaments and all and singular other the premises with their and every of their appurtenances unto the said J. P. C. P. and G.C. their Heirs and Assigns for ever to this end meaning intent construction and purposes that they c. and their Heirs and the Heirs of the Survivor or Survivors of them shall from henceforth stand and be seized of the said Messuage and all and singular other the above mentioned premises and of every part and parcel thereof to the uses intents and purposes hereafter in these premises limited and declared and to none other use intent or purpose whatsoever that is to say to the use and behoof of the said R. C. for and during his natural life so as and upon condition that he the said R. C. shall from time to time during his natural life pay or cause to be paid unto the said A. and Alice his Wife and the longest liver of them the sum of 20 l. by the year at the two most usual Feasts in the year that is to say the Feast of c. by even portions to be paid during the said term or within fourteen dayes next after every of the said Feast-dayes and the first payment to be had and made upon the Feast-day of c. and the same payments to be yearly had and made in manner and form aforesaid at or within the now dwelling-house of the said A. situate c. and also upon condition that he the said R. C. shall from time to time during his natural life find give and provide unto the said A. and the said Alice his Wife and to all such Children as shall between them begotten competent sufficient and convenient Meat Drink House-room and Lodging within his said Mansion-house and after the decease of the said R. C. the said Parties above-mentioned and the Heirs of the longest liver of them shall stand and be seized of all and singular the said premises with their and every of their appurtenances to the use and behoof of the said A. and of the said Alice his Wife and of the Heirs of their two Bodies between them lawfully begotten and to be begotten and for default of such Issue to the use and behoof of R. C. one other of the Sons of the said R. C. and of the Heirs males of his Body lawfully to be begotten and for default of such Issue to the use and behoof of W. C. one other of the Sons of the said R. C. and the Heirs males of his Body lawfully to be begotten and for default of such Issue to the use of the said R. C. of his Heirs and Assigns for ever R. C. covenanteth that he is lawfully seized hath power to grant that the premises shall remain free from Incumbrances proue usual A settlement by Fine and Recovery of several Mannors Lordships c. for the raising of Moneys for payment of Debts and Childrens portions as also for entailing thereof under several Provisoes and Legacies THis Indenture Tripartite c. between the Right Honourable Edward Lord Herbert and Richard Herbert Esq Son and heir apparent of Dame Mary late wife of the said Edward Lord Herbert and sole Daughter of Sir William Herbert of St. Julians in the County of Monmouth Knight deceased of the first part the Right Honourable John Earl of Bridgewater and Edward Herbert of the Inner-Temple London Esq of the second part and Moses Loyd of c. and Henry Githins of c. of the third part witnesseth That whereas the said Edward Lord Herbert or some in trust for him is or are seized in his or their Demeasn as of Fee of some part of the Lands Tenements and Hereditaments hereafter mentioned and is also seized for term of his life as Tenant by the courtesie of England of the Mannors Messuages Lands Tenements and Hereditaments hereafter specified the Reversion thereof in Fee-simple being descended by and after the decease of the said Mary unto the said Richard Herbert now to the end that the Mannors Lordships Messuages Lands Tenements and other Hereditaments hereafter mentioned and expressed may be established vested and setled unto the said Edward Lord Herbert during his natural life and after his decease upon the said Richard Herbert and upon his name stock and posterity and to such other uses intents and purposes as are hereby appointed it is covenanted promised granted condescended concluded and agreed by and between the said parties to these presents and the said Edward Lord Herbere and Richard Herbert do for themselves their Heirs Executors Administrators and Assigns covenant promise and grant condescend and agree to and with the said John Earl of Bridgewater and Edward Herbert their Heirs Executors Administrators and Assigns and to and with every of them by these presents that they the said Edward Lord Herbert and Richard Herbert shall and will on this side and before the end of Michaelmas Term next ensuing and coming after the date of these presents in due form of Law and at the equal costs and charges in the Law of the said Edward Lord Herbert and Richard Herbert levy and acknowledge to the said Moses Loyd and Humphry Githins and the Heirs of the said Moses one or more Fine or Fines sur conuzance de droit come ceo c. with Proclamations thereupon to be had and made according to the form of the Statutes in that behalf made and provided of all that Capital Messuage or Mannor-house of St. Julians with the Rights Members and Appurtenances thereof and of all and singular the Mannors Lordships Messuages Lands Tenements and Hereditaments whatsoever of them the said Edward
peaceable possession as well the said annuity or yearly rent of c. before-mentioned and every part and parcel thereof And all Rents arrerages of Rents Penalties Forfeitures nomine poenae's and distresses whatsoever at any time or times heretofore due or forfeited by reason of the non-payment of the said annuity or yearly rent of c. or any part or parcel thereof As also all the Estate Right Title Interest Property term and terms of Life Lives and Years Reversion Claim and Demand whatsoever which we the said N. B. and A. B. or either of us our or either of our Executors or Assigns now have may might should or in any wise ought to have or claim of in and to the said annuity or yearly rent of c. above-mentioned or any part thereof by force and vertue of the said several Deeds indented above-recited or mentioned or either of them or otherwise howsoever To have and to hold the said annuity or yearly rent of c. and the estate right title interest of all other the before-mentioned premises with the appurtenances and every part and parcel thereof unto the said G. S. and R. G. their heirs and assigns for ever so as neither we the said N. B. and A. B. or either of us our or either of our executors or assigns or any of us shall or will at any time hereafter ask claim challenge or demand any estate right title or interest in or to the said annuity or yearly rent of c. or any part thereof But thereof and therefrom and from all actions suits titles and demands concerning the same shall be utterly secluded and for ever debarred by these presents In witness whereof c. A short Lease of certain Tythes THis Indenture made the c between Sir E. S. of c. on the one part and M. D. of c. on the other part witnesseth That the said Sir E. S. for divers good Causes and Considerations him moving and especially of the good opinion he hath and conceiveth of the said M. D. hath demised granted Grant betaken and to farm-letten and by these presents doth c. unto the said M. D. and his assigns all the Tythes of Corn Grain and Hay yearly coming renewing and growing within the Township of Habend c. and within the Lordship of c. in the County of G. and now held by E.L. of c. To have and to hold receive take and enjoy all the said Tythes of Corn Grain and Hay unto the said M. D. and his assigns from and immediately after the date of these presents unto the full end and term of 21 years from thence next ensuing and fully to be compleat and ended and that in as large and ample manner as the same lately were held and enjoyed by the said E. L. yielding and paying therefore yearly during the said term unto the said Sir E. S. Reddend his Heirs and Assigns the sum of c. at the Feast of c. at one whole entire payment And if it shall happen the said yearly Rent of c. to be behind or unpaid in part or in all by the space of c. next following the said Feast A nomine poenae for non-payment of the Rent being lawfully demanded that then for every such default the said M. D. or his Assigns shall forfeit and pay unto the said Sir E. S. his Heirs and Assigns the sum of c. over and besides such arrerages as then shall happen to be behind and unpaid and the said Sir E. S. for him his Heirs Executors and Administrators doth covenant c. That he said M. D. his Executors and Assigns shall and may at all time and times from henceforth for and during all the said term hereby granted peaceably and quietly have hold occupy possess and enjoy all the said Tythes of Corn Grain and Hay paying the Rent before reserved without any manner of lawful let eviction disturbance or contradiction of the said Sir E. S. his Heirs or Assigns or of any other person or persons by his or their means consent or procurement In witness c. A Deed of Gift TO all people to whom this present writing shall come I A. B. of c. send greeting c. Know ye That I the said A. B. for and in consideration of the sum of c. which I the said A. B. do owe and am indebted unto T. S. of c. have given granted and sold and by these presents do fully clearly and absolutely give grant bargain sell and confirm unto the said T. S. all and singular such my Goods Chattels and Implements of Houshold and Commodities whatsoever as are contained and specified in a certain Schedule hereunto annexed Habend To have and to hold all and singular the Goods Chattels Implements of Houshold and Commodities whatsoever as aforesaid to the aforesaid T. S. his Executors Administrators and Assigns to his and their own proper uses and behoofs for ever there of and therewith to do use and dispose at his and their will and pleasure as of his and their own proper Goods and Chattels without any manner of challenge claim or demand of me the said A. B. or of any other person or persons for me in my name by my cause means consent or procurement And further know ye That I the said A. B. have put the said T. S. in full possession of all and singular the aforesaid premises by the delivery unto him at the ensealing hereof of one goblet of Silver in name of all the said Goods In witness whereof c. A Release of a Dower TO all People to whom this present Writing shall come Dame Dorothy Williams late Wife of Sir David Williams Knight deceased sendeth greeting c. Know ye That the said Dame Dorothy W. for and in consideration of the performance of a former agreement had and made between the said Dame Dorothy W. and the said Sir D. W. her late Husband before their inter-marriage hath remised released and for ever quit-claimed and by these presents doth clearly and absolutely remise release and for ever quit-claim unto Sir D. VV. Knight T. VV. and R. VV. Sons of the said Sir D. VV. and to every of them all and all manner of Dower and right and title of Dower whatsoever which she the said Dame Dorothy W. now hath may might should or of right ought to have or claim of in or out of all and every the Mannors Messuages Lands Tenements and Hereditaments whatsoever which were the said D. VV. at any time during the Coverture between him and the said Dame D. scituate and being in the Counties of c. or in any or every of them and all and all manner of actions and writs of Dower whatsoever so as neither she the said Dame D. VV. nor any other for her or in her name any manner of Dower or writ or action of Dower or any manner of right or title
of Dower of or in the said Mannors Lands Tenements and Hereditaments or of or in any part or parcel thereof at any time hereafter shall or may have or claim or prosecute against the said Sir D. VV. T. VV. and R. VV. nor any of them their nor any of their Heirs or Assigns but of and from the same shall be utterly debarred and for ever excluded by these presents In witness c. A Release from One that hath lost his Articles of Agreement BE it known unto all men by these presents That I E. W. of c. have remised released and quit-claimed and by these presents do for me my Heirs Executors Administrators and Assigns and every of us fully clearly and absolutely remise release and for ever quit-claim unto I. O. of c. his c. all and all manner of Actions Suits Plaints Pleas Process and Demands whatsoever which against the said I. O. I ever had now have or at any time hereafter shall or may have by reason or means of any Grant Covenant Contract Promise Bargain Clause or thing mentioned contained expressed or declared in or by certain articles of agreement indented bearing date c. made between the said I. O. on the one part and me the said E. W. on the other part touching or concerning the procuring of a Lease of a Field or parcel of Ground Arable Meadow or Pasture called the c. of the yearly Rent of c. lying c. which said Lease I do hereby acknowledge is procured and passed by the said I. O. according to my mind and desire and of and from all Bonds Bills and Writings Obligatory and all and every penalty sum and sums of money in them or any of them mentioned or contained wherein or whereby the said I. O. is and standeth bound unto me for the performance of the Covenants Grants Articles and Agreements in the said articles mentioned or contained I do acquit and discharge the said c. his c. for ever by these presents In witness c. A Form of a Will IN the name of God Amen The tenth day of c. I A. B. of c. being sick in body but of good and perfect memory thanks be to Almighty God and calling to remembrance the uncertain estate of this transitory life and that all Flesh must yield unto Death when it shall please God to call do make constitute ordain and declare this my last Will and Testament in manner and form following revoking and adnulling by these presents all and every Testament and Testaments Will and Wills heretofore by me made and declared either by word or writing and this to be taken onely for my last Will and Testament and none other And first being penitent and sorry from the bottom of my heart for my sins past most humbly desiring forgiveness for the same I give and commit my Soul unto Almighty God my Saviour and Redeemer in whom and by the Merits of Jesus Christ I trust and believe assuredly to be saved and to have full remission and forgivenesse of all my sins and that my Soul with my Body at the general day of resurrection shall rise again with joy and through the Merits of Christ's Death and Passion possess and inherit the Kingdom of Heaven prepared for his Elect and Chosen and my Body to be buried in such place where it shall please my Executors hereafter named to appoint And now for the setling of my Temporal Estate and such Goods Chattels and Debts as it hath pleased God far above my deserts to bestow upon me I do order give and dispose the same in manner and form following that is to say First I will that all those Debts and Duties as I owe in right or conscience to any manner of person or persons whatsoever shall be well and truly comented and paid or ordained to be paid within convenient time after my Decease by my Executors hereafter named Item I give and bequeath In witness c. An assurance of a Joynture to the Wife with Remainder in Tail THis Indenture made c. between H. V. of c. on the one part and L. L. c. and G. L. c. on the other part Witnesseth That as well for and in consideration of a Marriage already had and solemnized between the said V. and A. now wise of the said H. V. and Sister of the said L. and G. as for the great good will love and affection which the said H. hath and beareth to the said A. his wife and to the intent that the Messuages Lands and Tenements hereafter in these presents specified shall come and continue in the Issue of the said H. and A. in such sort manner and form as hereafter in these presents is expressed mentioned and declared It is covenanted granted condescended concluded and fully agreed upon by and between the said parties to these presents in manner and form following And the said H. V. for the consideration aforesaid doth covenant grant and promise for himself c. to and with the said L. L. and G. L. their c. by these presents That he the said H. V. his heirs and assigns and all and every other person and persons whatsoever shall stand and be seized of and in all and singular those his Messuages Lands Tenements Meadows Leasons Pastures and Hereditaments whatsoever with all and singular their appurtenances in the Parish Town and Field of C. aforesaid in the said c. which late were parcel of the possessions of the late dissolved Monastery of c. and now be or late were in the several Tenures and Occupation of c. and their assigns and the reversion and the reversions of the premises and every part and parcel thereof to the uses purposes and intents hereafter in these presents expressed and limited and to no other use intent or purpose whatsoever that is to say to the use and behoof of the said H. V. for the term of his natural life without impeachment of or for any manner of waste and after his decease to the use and behoof of the said A. V. now wife of the said H. V. for the term of her natural life and after the decease of the said H. and A. his wife then to the use and behoof of such of the Children between them the said H. and A. lawfully begotten as the said A. by her last Will and Testament or other Writing to be signed and subscribed by her the said A. in her life-time shall limit nominate and appoint And if no such limitation nomination or appointment shall be made by the said A. in her life-time then to the use of the Heirs of the Bodies of the said H. and A. between them lawfully begotten and for c. to the use of the right Heirs of the said H. V. for ever And further the said H. V. for himself c. doth Covenant c. to and with the said L. L. and G. L. their Heirs
Farm Messuage or Tenement in S. M. aforesaid together with all and every the Houses Edifices Buildings Barns Stables Yards Gardens Orchards arable Lands containing by estimation sixty Acres be the same more or less and all Closes Meadows Pastures and Hereditaments to the said Messuage or Tenement belonging or in any wise appertaining with the appurtenances now or late in the Tenure or Occupation of the said A. B. or his Assigns and also all that Messuage or Tenement Houses Buildings Barns Stables Orchards Gardens arable Lands containing by estimation an hundred Acres be the same more or less Closes Meadows Pastures Lands Tenements and Hereditaments to the said Messuage or Tenements belonging o● in any wise appertaining scituate lying and being in S. M. aforesaid with the appurtenances heretofore in the Tenure or Occupation of C. D. and now or late in the Tenure or Occupation of T. W. or his Assigns and all those arable Lands containing by estimation thirty Acres be the same more or less and all those Closes Meadows Pastures Lands Tenements and Hereditaments with their and every of their appurtenances scituate and being in S. M. aforesaid now or late in the Occupation of c. or his Assigns and also all those twenty Acres of arable Lands Meadows and Pasture in S. M. aforesaid now or late in the Tenure or Occupation of W. H. or his Assigns Together with all and singular Wayes Easements Commons Common of Pasture Profits and Commodities whatsoever to the said Premises or any part thereof belonging or appertaining or therewith used and enjoyed or excepted reputed or taken as part or parcel or member thereof with their and every of their appurtenances To the use and behoof of the said V. W. for and during the term of his natural life without impeachment of or for any manner of strip o● waste and from and after his decease to the use and behoof of the said F. for and during the term of her natural life for her Joynture and in lieu and recompence of her Dower and Title of Dower and from and after the several deceases of them the said V. W. and F. his wife then to the use and behoof of the first Son of the body of the said V. W. on the body of the said F. lawfully begotten or to be begotten and of the Heirs males of the body o● such first Son lawfully to be begotten and for default of such Issue then to the use and behoof of the second Son of the body of the said V. W. on the body of the said F. lawfully begotten or to be begotten and of the Heirs males of the body of such second Son lawfully to be begotten and for default of such Issue to the use and behoof of the third fourth fifth sixth seventh eighth ninth tenth and every other Son on the body of the said F. lawfully begotten or to be begotten and of the Heirs males of the body of every such to be begotten Son lawfully to be begotten the eldest Son and the Heirs males of his body being alwayes preferred before the younger Son and the Heirs males of his body according to the seniority and priority of Birth and Age and for default of such Issue then as for and concerning all and singular the premises hereby limited and appointed to and for the Joynture and Livelihood of the said F. with their and every of their Appurtenances and the Reversion and the Reversions Remainder and Remainders thereof and of every part thereof to the use and behoof of the said A. B. J. P. and J. G. and their Assigns for and during the term of their natural Lives and the life of the longest Liver of them and from and after their decease and the decease of the Survivor of them to the use and behoof of the Executors Administrators and Assigns of the Survivor or Survivors of them the said A. B. J. P. and J. G. for and during and unto the full end and term of Sixty years from thence next ensuing and fully to be compleat and ended upon trust and confidence and to the Uses Intents and Purposes hereafter in and by these presents limited expressed and declared that is to say from and after the decease of them the said A. B. J. P. and J. G. and of the Survivor of them and from and after the end expiration and other determination of the said term of Threescore years as aforesaid then as for and concerning the Reversion and Reversions Remainder and Remainders of the said Messuage Lands Tenements and Premises so limited for Lives and Years aforesaid And as for and concerning all that the Mannor of S. M. aforesaid Mannor-house or Capital Messuage and all and every the Houses Edifices Buildings Barns Stables Yards Orchards Gardens Lands Closes Meadows Pastures Feedings Tenements and Hereditaments commonly called or known by the name of the Demeasn Lands of the Mannor of S. M. aforesaid scituate lying and being enclosed and invironed with a Ring-hedge near about the said Capital Messuage and for and concerning all other the Lands Closes Meadows Pastures Feedings Tenements and Hereditaments with their and every of their Appurtenances and the Reversion and Reversions Remainder and Remainders thereof whereof no Estate Use or Uses is or are herein formerly limited and declare● to the use and behoof of the said V. W. and his Assigns for and during the term of his natural Life without any impeachment of or for any manner of strip or waste and from and after his decease to the use and behoof of such person or persons for such Estate and Estates and for such use and uses and in such sort manner and form as the said V. W. by any his Deed or Deeds in writing intended sealed delivered and executed in the presence of three credible Witnesses at the least shall declare limit and appoint and until such declaration limitation or appointment then to the use and behoof of G. W. eldest Son of the body of the said V. W. and of the Heirs males of the body of the said G. W. lawfully begotten or to be begotten and for default of such Issue then to the use and behoof of R. W. second Son of the body of the said V. W. begotten and of the Heirs males of the body of the said R. W. lawfully to be begotten and for default of such Issue to the use and behoof of the third fourth fifth sixth seventh eighth ninth tenth and every other Son of the body of the said V. W. lawfully begotten or to be begotten and of the Heirs males of the body of every such to be begotten Son lawfully to be begotten the elder Son and the Heirs males of his body to take place and be preferred according to the seniority and priority of Birth and Age and for default of such Issue to the use and behoof of the Heirs of the said V. W. lawfully begotten or to be begotten and for default of such Issue to the use and behoof of the right
Heirs of the said V. W. for ever And the true intent and meaning of these presents and of all the Parties hereunto upon the execution of these presents is and the special trust and confidence in them the said A. B. J. P. and J. G. their Executors Administrators and Assigns hereby reposed is hereby declared and agreed to be That if in case the said V. W. shall depart this life having no Issue male of his body upon the body of the said F. lawfully begotten or without leaving the said F. with Child of a Son who hereafter shall be born alive and having at the time of his decease one two or more Daughters of his body on the body of the said F. lawfully begotten then living or if there be one onely Daughter if she be not preferred in Marriage with Eight Thousand pounds portion or if there be two such Daughters and if they be not severally preferred in Marriage with One thousand pounds a piece or if there be three such Daughters if they be not preferred in Marriage with portions of One thousand Marks a piece as is hereafter mentioned Or if the said V. W. leaving the ●nd F. with Child of one or more Daughter or Daughters who s●all after be born alive that then the said A. B. J. P. and J. G. the Survivor and Survivors of them his and their Executors Administrators and Assigns out of the Rents Issue● and Profits of the said Messuages Cottages Closes Pastures Meadows Tenements Hereditaments and other the premises with the appurtenances so to them limited and appointed for Lives and Years as aforesaid shall raise and levy as soon as conveniently may be found for the portion of such Daughter if there be but one the sum of Two Thousand pounds of lawful c. to be paid to such onely Daughter her Executors and Assigns at her age of Eighteen years or day of Marriage which shall first happen or as soon as the said sum of Two Thousand pounds can be raised And if there shall be two such Daughters the sum of One Thousand pounds a piece Or if there be three Daughters then for the portions of the three Daughters the Sum of One thousand Marks a piece of current c. to be paid to them their Executors and Assigns severally and respectively at their several and respective ages of Eighteen years or dayes of Marriage which shall first happen or as soon as the same can be conveniently raised And upon this further trust and confidence and to the intent and purpose that if it shall happen the said V. W. die leaving one only Daughter or two or three Daughters of his Body on the Body of the said F. begotten then living or afterwards to be born as aforesaid And that the said onely Daughter shall happen to depart this Life before she accomplish her age of Eighteen years or day of Marriage or if there fortune to be two or more Daughters then if both or all the said Daughters die or depart this Life before either or any of them accomplish their several ages of Eighteen years or be married as aforesaid then the said several sums of money intended for the portions and advancements of such Daughter or Daughters as aforesaid or so much thereof as shall be raised or levyed out of the Rents Issues and Profits of all or any the Premises all Charges and Expences being defrayed wherein full and liberal allowance shall be made and given shall be satisfied or paid to such person or persons as the said V. W. his Heirs or Assigns by any writing under his or their Hand subscribed in the presence of two or more credible Witnesses shall limit and appoint And in default of such limitation and appointment to the Executors or Administrators of the said V. W. and his Heirs And upon this further trust and confidence and to the intent and purpose that the said A. B. J. P. and J. G. and the Survivor and Survivors of them his and their Executor and Assigns shall out of the Rents Issues and Profits of the aid Messuages Cottages Lands Tenements Hereditaments ●nd Tremises so to them limited for raising of portions as aforesaid with their and every of their appurtenances levy and pay or cause to be levied and paid to for the maintenance of such Daughter or Daughters as aforesaid if there be but one only Daughter the sum of 50 l. per annum and if there be two or three Daughters the sum of 30 l. per annum a piece until such Daughter or Daughters respectively shall attain to her or their age of Eighteen years or shall be married and her or their portions paid as aforesaid Provided alwayes that it is the true intent and meaning of all the said Parties to these presents That if the said V. W. shall happen to depart this Life without any Issue Female of his Body upon the Body of the said F. begotten or without leaving the said F. with Child of one or more Daughters that shall be after born alive That then the Estate and Estates so limited as aforesaid to the said A. B. J. P. and J. G. for their Lives and after their Deceases to their Executors and Administrators for Sixty years shall cease determine and be utterly void Provided also that from and immediately after such time as the aforesaid A. B. J. P. and J. G. their Executors or Assigns shall or might have limited and raised the said several sums for portions and present maintenance of such Daughter and Daughters as aforesaid that the said Estate for Lives and Years limited to them in trust as aforesaid shall cease determine and be utterly void and the said Messuages Cottages Lands and Tenements and all and singular other the premises so to them limited as aforesaid in trust shall immediately go and be to such person or persons to whom the Rerversions or Remainder of the said Messuages Lands and Premises shall belong and appertain And the said V. W. for himself his Heirs Executors Administrators and Assigns and every of them doth covenant grant and agree to and with the said A. B. J. P. and J. G. their Heirs Executors Administrators and Assigns and to and with every of them by these presents that the said Messuages Cottages Closes Meadows Pastures Tenements and Hereditaments and all and singular other the premises before by these presents 〈◊〉 ●ectively limited and appointed for the Joynture of the said 〈…〉 are and so from time to time and at all times hereafter 〈…〉 notwithstanding any act or default of the said V. W. 〈…〉 Assigns or any of them shall remain continue and be 〈…〉 F. and her Assigns of the clear yearly value of c. over 〈…〉 all Charges and reprizes Provided alwayes and upon 〈…〉 condition and to the further use intent and purpose 〈…〉 said V. W. happen to depart this Life leaving a Son of his Body on the Body of the said F. lawfully begotten and the said F. do him
and to hold the said Annuity or yearly Rent of c. aforesaid unto the said S. L. and her Assigns in as large and ample manner and form as I the said J. W. may or ought to have and enjoy the same by force of the said Deed indented or any thing therein contained together with the said Deed indented In witness c. A Release for one used in trust TO all Christian people c. R. M. of c. sendeth greeting in our Lord God everlasting Whereas C. G. and T. T. for and in consideration of a certain sum of money to them paid by J. L. of c. by their Indenture of Bargain and Sale bearing date c. did grant bargain and sell unto the said I. L. and R. M. their Heirs and Assigns for ever all that their third part in three parts equally to be divided of all that their Messuage or Tenement called c. with the appurtenances scituate c. late in the Tenure of c. And also all that their third part in three parts equally to be divided of all that their Mine of Coals opened or to be opened or to be gotten or digged within the Grounds or Lands to the said Messuage or Tenement called c. belonging or appertaining or in any part or parcel thereof as by the same Indenture among divers other Covenants and Agreements more at large it doth and may appear All which premises in the Indenture specified so sold and granted to the said I. L. and R. M. as aforesaid was before and at the ensealing of the said Indenture intended and meant to be to the only use and behoof of the said I. L. and his Heirs and to no other use or purpose whatsoever Now know ye That I the said R. M. for and in regard of the trust and confidence in me reposed by the said I. L. have remised released and for ever quit-claimed and for me and my Heirs do by these presents remise release and for ever quit-claim unto the said I. L. and his Heirs All my Right Interest Estate Title and Demand which heretofore I have had or now have of and in the said premises in the said Indenture specified or in any part or parcel thereof In witness c. A Surrender of a Lease for Lives for the obtaining of a new Lease TO all c. I A. S. c. send greeting c. Whereas I the said A. now am and stand lawfully seized and possessed of a Lease for term of my life to be made and granted by c. bearing date c. of and in c. all which premises are scituate c. and are of the yearly value of c. as by the said Indenture of Lease Relation c. Now know ye That I the said A. have granted and surrendred and by these presents do fully and absolutely grant and surrender unto the said c. his Heirs and Assigns the said Messuage c. demised by the said c. to me the said A. by the said recited Indenture of Lease as aforesaid And all the Estate Right Title Interest term of Life and Demand whatsoever of me the said A. of in and to the said Messuage and other the premises with the appurtenances and of in and to every of them and every part and parcel thereof by force and vertue of the said recited Indenture of Lease or otherwise howsoever Together also with the said Indenture of Lease To the intent nevertheless and upon condition that the said c. may by his Indenture of Lease make a new demise and grant of the premises to J. H. and C. his wife and N. their Son for term of their natural Lives and the life of the longest Liver of them successively or otherwise as shall be thought convenient and for and under the yearly Rent and under such Provisoes Covenants and Articles as shall be thought fit therein to be comprized In witness c. A Revocation of a Suit TO all c. I A. B. send greeting c. Whereas an Action hath been brought at the Common Law in my name against P. F. upon a Bond wherein the said P. F. and one W. D. became bound unto me in the sum of c. on the c. as by the same Obligation c. Now know ye That I the said A. B. do by these presents revoke and withdraw the said Action and Suit brought against the said P. F. upon the said Obligation and all proceedings thereupon had in my Name and do also countermand all Letters of Attorney and other Authorities whatsoever by me heretofore made or given to any person or persons for the prosecution of any Action or Suit upon the said Bond and do also signifie and declare that my will and pleasure is that no action or suit shall at any time hereafter be brought and commenced against the said P. F. and W. D. nor either of them nor their nor either of their Heirs c. upon the said Obligation In Witness c. A Release for waste done TO all c. W. S. of c. sendeth greeting in our Lord God God everlasting Whereas J. S. of c. being possessed of a Lease for divers years yet to come of and in one parcel of Wood-ground commonly called c. situate c. containing c. being parcel of the possession of W. S. c. aforesaid and whereas the said J. S. for the better advantage to himself and for the increase of his own yearly profit to be made of the same Wood-ground and for the better and more profitable manuring of the said ground hath for that purpose cut down and grubbed up divers Trees in and upon the said parcel of Wood-ground and hath converted the same Ground into Tillage whereby a far greater annual profit is and yearly advantage will be made thereof than if the same should continue Wood-ground which in time to come will turn to the better benefit and advantage of the said W. S. and his Heirs after the end and determination of the said Lease made to the said J. S. yet notwithstanding the said J. S. is subject and liable to be questioned and troubled by action to be commenced against him both for the waste he hath committed by cutting down Trees and for not preserving of the said Woods according to the Covenants comprised in the said Lease Now know ye That the said W. S. c. for and in consideration of c. and for divers good causes c. hath for himself his Heirs Executors c. remised released and quit-claimed and by these presents doth clearly and absolutely remise release and quit-claim unto the said J. S. c. all and all manner of Actions of waste and all manner of Suits for any Wastes or Spoils done or committed by him the said R. S. in the said Wood and Wood-ground called c. aforesaid until the date of these presents And all and all manner of actions
〈◊〉 and all manner of former and other Surrenders Bargains 〈◊〉 Gifts Grants Troubles and Incumbrances whatsoever and of and from the Thirds of the said M. now of the said J. P. That then c. A Letter of an Attorney or an Assignment to receive and keep money due upon a Bond wherein is a forfeiture or nomine poenae upon discharge without consent TO all Christian people c. I W. S. of c. send greeting in our Lord God everlasting Whereas B. S. of c. and R. B. of c. by one Obligation bearing date c. Anno Domini 1647. are and stand joyntly and severally bound unto the said W. S. in the sum of c. with condition there-under written for the true delivery of forty six Quarters of Rye as by the said Obligation with condition more at large appeareth Now know ye That I the said W. S. as well for and in consideration that the Obligation was made in the name of me the said W. S. only in trust for the use of R. S. of c. as for divers other good Causes and Considerations me hereunto moving have given granted assigned and set over and by these presents do give grant assign and set over unto the said R. S. his Executors and Assigns as well the said Obligation and Sum of c. therein mentioned as also all my right action and demand to and in the same Giving and by these presents granting unto the said R. S. by vertue hereof my full and whole power and authority for me and in my name but to the only use of the said R. S. his Executors and Assigns to demand ask levy recover and receive of the said R. S. and R. B. and of either of them their Executors or Assigns the said sum of c. mentioned and due by the said Obligation and to use all lawful wayes and means for the recovery thereof and the same so had and received to detain and keep to his own use and behoof without any account thereof or therefore to be rendred And I the said W. S. do covenant and agree that for any act or acts thing and things whatsoever by me or by any other heretofore by my appointment done or committed or hereafter to be done or committed the said Obligation now is and hereafter shall stand and continue in full force and effect and that neither I the said W. S. my Executors or Assigns shall nor will acquit release or otherwise discharge the payment or delivery of forty six Quarters of Rye to the condition of the said Obligation mentioned without the special licence consent and agreement of the said R. S. his Executors or Assigns first had and obtained in writing under his or their Hand and Seal And to the true performance of all and every the Articles and Agreements hereby expressed on the part of me the said W. S. to be done and performed I bind me my Heirs Executors and Administrators by these presents in the sum of c. nomine poenae to be forfeited and paid unto the said R. S. his c. In witness c. A Letter of Attorney to receive Rents TO all c. I E. D. of c. send greeting c. Know ye That I the said E. D. for divers good causes me hereunto moving and especially for the trust and confidence which I have and do repose in C. K. of c. have made ordained constituted and invested and in my place and stead by these presents have put the said C. K. to be my lawful Attorney for me and in my name and to the use and behoof of me the said E. D. my Executors Administrators and Assigns to ask demand levy recover and receive of G. H. of c. the sum of c. for one half-years Rent of and for the Mannor of B. in the County of c. due at the Feast of c. last past before the date hereof Giving and by these presents granting unto my said Attorney by vertue hereof full power and absolute authority for me and in my name and to and for my use benefit and commodity to ask levy recover receive and demand of the said H G. his Executors Administrators and Assigns the said Rent or Sum of c. due and payable as aforesaid And upon the receipt thereof or any other agreement on that behalf had and made for me and to my use to make seal and deliver for me and in my name and as my Deed all and every such acquittance and acquittances or other discharges as to the said C. K. shall be thought meet and convenient to be given And to do follow execute and finish for the receipt and recovery thereof all and every such act and acts thing and things device and devices as to the said C. K. shall be thought fit and convenient ratifying allowing confirming and approving all and whatsoever my said Attorney shall lawfully do or cause to be done in or about the premises by these presents In witness c. A Letter of Attorney to demise survey or sell a Mannor TO all c. Know ye That we the said G. S. and E. M. for divers good causes and considerations us hereunto especially moving Have made ordained constituted and in our place and stead put and authorized R. N. and H. B. or either of them our true sufficient and lawful Attorney and Attorneys for us and in our names and for the use of us the said G. S. and E. M. to enter into all those the Mannors of W. T. and J. with their rights members and appurtenances in the County of C. and in the advowsons of or belonging to them or any or either of them and into every part and parcel thereof and the same Mannors or either or any of them for us and in our names to view and survey And by these presents for us and in our names do give full power and authority to the said R. N. and H.B. and to either of them to be our Steward or Stewards of our said Mannors and either of them and to keep such Court and Courts of Survey and other Court-leets and Law-days of and upon the said Mannors or any of them as our said Attorneys or either of them shall appoint or shall be by them or either of them thought fit And the same Mannors and every and any of them for us and in our names to bargain sell lease or grant to such person and persons and for such estates for life or lives inheritance or otherwise and for such Sum and Sums of Money as to our said Attorneys or either of the● I shall be thought meet and convenient to the uttermost and best commodity and profits of us the said G. S. and E. M. and the Deed and Deeds of the same Grant and Estates so to be made for us and in our names to seal and as our Deed or Deeds to deliver unto the Parties to whom the same shall
the said T. N. the Father doth further for himself his Heirs Executors and Administrators covenant promise and grant to and with the said I. I. H. E. and S. R. and every of them their Heirs and Assigns by these presents that he the said T. N. the Father and his Heirs and all and every other person and persons lawfully claiming or to claim by or under him except such as shall or may claim by or under the Leases before excepted shall and will from time to time and at all times hereafter upon the reasonable request and at the costs and charges in the Law of the said I. I. H. E. and S. R. or any of them their Heirs or Assigns make do and execute all such further acts things and assurances for the further and better assuring the said premises and every part thereof to the uses intents and purposes aforesaid as by them the said I. I. H. E. S. R. or any of them their Heirs or Assigns shall be in that behalf reasonably devised or advised and required and that all Fines and other assurances at any time hereafter to be had levied or executed of the premises or any part thereof shall be and shall be deemed adjudged and taken to be to and for the uses intents and purposes in these presents mentioned limited and declared and it is expressed and declared by all the said Parties that the said Estate for the life of the said Sarah limited to the said I. I. H. E. S. R. as aforesaid is so limited upon special trust and considence in them reposed that they and every of them their Heirs and Assigns respectively to whose Hands or Custody any of the Rents Issues or Profits of the said premises shall come during the life of the said Sarah shall from time to time pay deliver dispose and employ the same Rents Issues and Profits and every part thereof either to the said Sarah her self or to such other person and persons use or uses as she the said Sarah shall by any writing under her Hand from time to time limit or appoint provided always and it is nevertheless covenanted and granted by and between the said Parties that in case John N. Son and Heir apparent of the said T. N. the Father shall within seven years next ensuing the date hereof at his own proper Costs and Charges well and sufficiently convey or assure or cause to be conveyed and assured by good and sufficient wayes and means in the Law to the said I. I. H. E. S. R. and to their Heirs or to the Survivor or Survivors of them and to his or their Heirs to and for and upon the like uses intents trusts confidences and purposes as are before herein limited expressed and declared Messuages Lands and Tenements situate lying or being in c. and which shall be of as much more clear yearly value as the said Messuage Tenement and Premises hereby mentioned meant or intended to be granted and of every part thereof shall be then worth that then from and after such conveyance and assurance passed and perfected the use and uses trusts and confidences herein before limited and expressed shall cease determine and end and then and from thenceforth they the said I. I. H. E. and S. R. and their Heirs shall stand and be seized of and in the said Messuage Tenement and Premises hereby mentioned meant or intended to be granted of every part thereof to the use and behoof of him the said I. N. his Heirs and Assigns for ever and to no other use intent or purpose whatsoever any thing herein contained to the contrary thereof in any wise notwithstanding In witness c. A Charterparty of a Freightment THis Charterparty of Freightment indented made the c. by R. H. and A. N. Owners of the good Ship called the H. of London of the burthen of c. now riding in the River of Thames whereof is Master under God I. P. of the one part and H. S. of th' other part witnesseth That the said Owners have granted and letten to Freight to the said H. S. the aforesaid Ship and that the said H. S. hath hired her for a Voyage to be made with her by Gods Grace in manner and form following viz. the said Owners covenant and grant by these presents to and with the said H. S. his c. that the said Ship with the first and next good Wind and Weather that God shall send after the first day of c. shall depart from the said River of Thames and directly sail to B. in the Realm of France with such Goods Wares and Merchandizes as the said H. his Factor or Assigns before the said Feast-day of c. next coming shall think good to charge and lay in her viz. so much as she may reasonably carry and being arrived and come to the said Port of B. or so nigh to the same as she safely and conveniently may come shall there tarry by the space of thirty dayes next after her arrival as well there to discharge and unlade such Goods and Merchandizes as shall be so freighted and laden in her as aforesaid as also to receive her full lading of such Goods Wares and Merchandize as the said H. S. his Factor or Assigns shall think good viz. as much as she may reasonably carry within which time and days above limited and appointed the said H. S. covenanteth and granteth by these presents to discharge and relade or cause to be discharged and relade the aforesaid Ship in manner and form aforesaid Which Ship so being able the said Owners convenant and grant by these presents that she shall with the first and next good Wind and Weather next after that she shall be reladen as aforesaid depart and return from B. aforesaid and by Gods Grace directly sail and come to the Port of the City of London or as nigh the same as she can safely come where she shall tarry by the space of c. after her arrival there to make her right discharge And the said H. S. covenanteth c. within the space o● c. next after the arrival of the said Ship at the Port of the City o London as well to receive or cause to be received the Ships lading as also to content and pay or cause to be paid unto the said Owners their Executors or Assigns the sum of c. for the freight and lading of the said Ship both outwards and homewards at the place of the right discharge of the said Ship together with average poynage and petty lodenage and all other Duties due and accustomed according to the use of Eastern Ships And the said Owners covenant and grant by these presents to warrant and prepare the said Ship strong and stanch both above and beneath and well sufficiently tackled and apparelled with Masts Sails and Sail-yards Anchors Cable-Ropes Cords Guns Powder Shot and all other Instruments Munitions Artillery Furniture Tackling and Apparel necessary and
wife of the other part witnesseth That they the said J. T. and El. his wife as well for and in consideration of the sum of 210 l. of c. by the said R. H. unto them the said J. T. and El. his wife at the ensealing and delivery of these presents well and truly in hand paid the receipt whereof they the said J. T. and El. his wife do hereby acknowledge and thereof and of every part and parcel thereof do fully clearly and absolutely acquit exonerate and discharge the said R. H. his Heirs Executors and Administrators and every of them by these presents have granted aliened bargained sold and confirmed and by these presents c. unto the said R. H. and El. his wife all that one Messuage or Tenement c. together also with all and singular the Rooms Cellars Sollers Halls Parlours Chambers Houses Housings Vaults Pavements Courts Yards Easements and other Hereditaments Emoluments and Appurtenances whatsoever unto the said Messuage or Tenement and Premises or any of them appurtenant belonging or appertaining or●had used demised occupied or enjoyed as part parcel or member thereof or as thereunto or to any part thereof belonging or appertaining and the reversion and reversions remainder and remainders of them and every of them and also they the said J. T. and El. his wife for the consideration aforesaid have granted bargained and sold and by c. unto the said R. H. his Heirs and Assigns all and singular Letters-Patents Exemplifications of Fines and Recoveries Chirographies of Fines Charters Deeds Indentures Counterpanes Writings Evidences Escripts and Minuments whatsoever concerning only the premises hereby mentioned to be bargained and sold or only any part thereof and which now are in the Hands Custody or Possession of the said J. T. or any other person or persons by his delivery or appointment or to his use or to the use of the said El. his wife and which he may have obtain or come by without suit in the Law and also true Copies of all such other Letters-Patents exemplifications of Fines and Recoveries Chirographies of Fine Charters Deeds Indentures Counterpanes Writings Evidences Escripts and Minuments whatsoever amongst other things concerning the premises or any part thereof and which now are in the Hands Custody or Possession of the said J. T. or any other person or persons by his delivery or appointment or to his use or which he may have obtain or come by without suit in the Law all and singular which said Letters-Patents Exemplifications Chirographies Charters Deeds Indentures Counterpanes Writings Evidences Escripts and Minuments so hereby bargained and sold by the said J. T. he the said J. T. doth hereby grant and agree to deliver or cause to be delivered to the said R. H. his Heirs or Assigns on this side the Feast of the Annunciation of the blessed Virgin Mary now next coming safe uncancelled and undefaced as now the same are together with the said Copies the writings of the said Copies to be paid for by the said R. H. to the receipt of the said Copies To have and to hold the said Messnage or Tenement and Backside and all and singular other the premises hereby mentioned to be bargained and sold and every of them with their and every of their appurtenances and the Reversions and Remainders of them and every of them unto the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. to the only proper use and behoof of the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. for ever without any Mortgage Condition redemption use or limitation to recal alter charge or determine the same to be holden of the chief Lord or Lords of the Fee or Fees whereof the premises have been holden by the Rents and Services therefore due and of right accustomed And the said J. T. for himself his Heirs Executors and Administ●ators doth covenant and grant to and with the said R. H. his Heirs and Assigns and to and with every of them by these presents that she the said El. his wife is seized of the reversion of the said bargained premises of an Estate to her and the Heirs of her Body lawfully begotten immediately expectant upon an estate for the life of Hellen Cl. now wife of Leo Cl. of c. Gent. with further remainder or reversion immediately expectant upon the said Estate-tail to the right Heirs of the said El. for ever without any reversion or remainder of the same or of any part thereof in our Soveraign Lord the King or otherwise of the full absolute reversion in Fee-simple expectant upon the said Estate for life of the said Hellen And the said J. T. for himself his Heirs Executors and Administrators doth covenant and grant to and with the said R. H. his Heirs and Assigns and to and with every of them by these presents that they the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. and every of them shall and may from time to time and at all times hereafter for ever after the decease of the said Hellen peaceably and quietly have hold occupy possess and enjoy the said Messuage or Tenement Backside and Premises without the let interruption trouble expulsion or eviction of the said J. T. and El. his wife or either of them or of their or either of their Heirs of their or either of their Bodies begotten or to be begotten or any other Heir or Heirs of them or either of them or of any heir or heirs of T. L. Gent. deceased and without any lawful let trouble interruption expulsion or eviction of any other person or persons whatsoever now having or lawfully claiming to have or which hereafter may have or lawfully claim to have any manner of estate right title interest thing or demand of in to or out of the said bargained premises or any of them by for from or under them or any of them or by from or under the said Hellen or by their or any of their means consent or procurement except such person and persons which may lawfully claim under the Leases and Estates herein after excepted and freed and discharged or otherwise within convenient time after reasonable request well and sufficiently saved and kept harmless and indempnified by the said J. T. his Heirs Executors and Administrators or some or one of them of and from a land all manner of former and other Bargains Sales Gifts Grants Alienations Estates Leases Joyntures Dowers Uses Wills Entails Rents Charges Rents-seck and arrerages of all manner of Rents Statutes-Merchant and of the Staple recognizances Judgments Executions Fines Post-sines and of and from all other Titles Troubles Charges and Incumb●a●ces whatsoever heretofore had made done committed omited or wittingly or willingly suffered or procured or hereafter to be had made done committed wittingly or willingly suffered or procured by the said I. T. and El. T. L. and H. or either
or any of them their or either or any of their Heirs or Assigns or by any other person or persons whatsoever by their or any either of their means assent consent or procurement one estate thereof heretofore made by the said T. L. and Hellen his late wife by Fine and other assurances to the use of the said T. L. and Hellen and the Heirs of the said T. L. and one Lease made by the said Hellen and J. T. and El. his wife to R. by Indenture bearing date April 25. in the Twelfth year c. and all arrerages of rents now accrued or to accrue by reason of the same and one other Lease made by the said J. T. and El. to the said Hellen for One hundred years for better security of payment of six pounds per annum to the said Hellen and her Assigns during her life only excepted and fore-prized and the said J. T. for himself his Executors and Administrators doth covenant and grant to and with the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. by these presents that they the said J. T. and El. his wife and either of them and their and either of their Heirs and all and every other person and persons now having or lawfully claiming to have or which at any time hereafter shall or may lawfully claim to have any estate right title or interest of in or to the said premises and every or any of them by from or under the said J. T. and El. his wife and T. L. or by from or under either or any of them other than the said Hellen and such as may claim under her for her Estate as aforesaid and other than such which may claim under the said excepted Leases or either of them shall and will from time to time and at all times after the date of these presents at and upon the reasonable request and only cost and charges in the Law of the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. or any of them do make knowledge execute and suffer or cause to be done made knowledged executed and suffered all and every such further lawful and reasonable act and acts thing and things device and devices assurances and conveyances in the Law whatsoever which shall be or may be for the more better and perfect assurance sure-making and conveying of all and singular the said bargained premises and every part and ●arcel thereof with the appurtenances unto the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. to the only proper use and behoof of the said R. H. and El. his wife and of the Heirs and Assigns of the said R. H. for ever according to the true intent and meaning of these presents be it by Fine Feossment recovery with single double or more Voucher or Vouchers over Deed or Deeds inrolled or not inrolled the inrolment of these presents release or confirmation with warranty or without warranty or by all every or as many of the said wayes and means as by the said R. H. and El. his wife his Heirs or Assigns or his or their or any of their Council learned in the Law shall be reasonably devised advised and required so as for the making doing knowledging executing suffering or performing such further acts things devices assurances and conveyances or any of them the person or persons that are to make such further assurance by force of this Covenant or any of them be not compelled to travel above the space of twenty Miles nor by such acts things devices assurances or conveyances or any of them be compelled or compellable to warrant acquit or defend the premises or any of them more largely or more generally than only against acts charges titles troubles and incumbrances had made or done or wittingly or willingly suffered by them or by any of their means assent consent privity or procurement but not in any ways to warrant against the said Leases and Estates before excepted or either or any of them And moreover it is covenanted granted concluded and agreed upon by and between all and every the said Parties to these presents that all and every Fines Feoffments Recoveries Acts Things Assurances and Conveyances in the Law whatsoever hereafter to be had made levied suffered executed or performed of the said premises or any part thereof and whereunto the said J. T. and E. his wife or either of them or their or either of their Heirs shall in any wise be Party or Parties Vouchee or Vouchees shall be and enure and shall be deemed construed reputed adjudged and taken to be and enure to the only proper use and behoof of the said R. H. and E. his wife and of his Heirs and Assigns for ever and to none other use or uses intents or purposes whatsoever And this Indenture further witnesseth That the said J. T. for the consideration aforesaid hath granted bargained sold and confirmed and by c. unto the said R. H. his Executors Administrators and Assigns all such Goods Implements Housholdstuff Utensils and things which are mentioned in a Schedule indented hereunto annexed and doth hereby also covenant and grant to with the said R. H. his executors admin● strators and Assigns that he hath full power and sufficient and good right and property to grant the same accordingly and the said J. J. for himself c. doth covenant to with the said R. H. his heirs assigns that he his heirs and assigns shall and will at all times hereafter upon the request and at the charges of the said R. H. his heirs and assigns shew or cause to be shewn forth in any Court of Law or Equity or other place necessary all Evidences which he or they shall have in their hands or may lawfully come by without s●●t of Law concerning the said bargained ●●remises or any part thereof for maintenance of his Estate hereby mentioned to be assured unto him and his heirs and shall and will permit and suffer the same to remain in such Court or place so long as shall be necessary in such behalf In witness whereof c. Robert Farr being seized of a Tenement in Fee with remainders wherein Eliz. Farr hath an Estate for her life having levied a Fine now suffereth a recovery and setleth and assureth the same to Robert Bleck and his heirs in Fee-simple by the subsequent Deed. THis Indenture Quadripartite c. between Robert Farr Son and Heir of c. G. G. and E. Ar. of c. of the first part Robert Bleck of c. of the second part W. H. and T. H. of c. of the third part and I. P. and H. Bl. of the fourth part witnesseth That for and in consideration of the sum of 200 l. of c. to the said R. F. before the ensealing and delivery hereof well and truly satisfied and paid by the said R. Bl. whereof the
said R. F. doth by these presents acknowledge the receipt and whereof c. He the said R. F. and the said G. G. and E. Ar. at his request and nomination have and every of them hath by and with the consent and direction of the said R. B. granted bargained sold aliened and confirmed and by c. unto the said W. F. and T. Y. all that great Messuage c. together with all Houses Buildings c. and the Rents Services Reversions and Remainders thereof and also all the estate right title interest challenge claim and demand whatsoever of them the said R. E. G. G. and E. Ar. and every or any of them of in and to the laid granted Tenement c. and also all Deeds Evidences Charters Writings Escripts and Minuments whatsoever which do touch or concern the said granted premises or any part thereof To have and to hold the said Messuage or Tenement Garden and Premises before hereby granted or conveyed or mentioned or intended to be hereby granted and conveyed and every part and parcel thereof with the appurtenances unto the said W. F. and T. Y. their Heirs and Assigns to the only uses intents and purposes hereafter in these presents limited expressed and declared that is to say to the use of them the said W. F. and T. Y. and of their heirs until a good and perfect common recovery shall be in due form of Law at the costs and charges of the said R. B. or his heirs had and executed of and for the said hereby granted or intended to be granted Messuage Tenement and Premises against them the said W. F. and T. Y. before the Justices of the Court of Common-Pleas at Westminister according to the usual course of common Recoveries in the same Court used for assurance of Lands and Tenements in which recovery the said I. P. and H. B. shall be demandants and recoverers and the said R. F. shall be vouched to warrant so as such recovery so to be had be had and executed before the end of the term of St. Hillary next ensuing the date hereof and from and after the full execution of the said recovery in case the same shall be had and executed before the end of the same term of St. Hillary the said recoveries intended shall stand seized or in case the said recovery intended to be had shall not be had and executed by the time aforesaid then from and after the end of the same Term of St. Hillary to the use of the said R. B. and of his Heirs and Assigns for evermore and to and for none other use intent or purpose to be holden of the chief Lord or Lords of the Fee or Fees of the premises by the rents and services therefore due and of right accustomed and the said R. F. for himself his Heirs Executors and Administrators and for every of them doth covenant promise and grant to and with the said R. B. his Heirs and Assigns by these presents that for and notwithstanding any act matter or thing had made or done to the contrary by him and the said E. F. his Father deceased or either of them except as herein after is excepted the said R. F. G. G. and E. A. or some of them are or one of them is at the ensealing and delivery hereof the true and lawful Owners or Owner of the said granted or intended to be granted premises and every part and parcel thereof and of and in the same and every part and parcel thereof lawfully and rightfully seized of a good sure sufficient and absolute Estate of Inheritance in Fee-simple in his or their own right and to the only use of them or some or one of them his or theirs by good assurance right or title in the Law indefeazible without any reversion remainder or further interest in the Common-wealth or any other person or persons whatsoever and also that notwithstanding as aforesaid except as herein after is excepted the said R. F. G. G. and E. A. or some or one of them have or hath at the time of the ensealing and delivery hereof full power good right and lawful authority to grant convey and assure the said granted or intended to be granted premises and every part and parcel thereof in manner and form aforesaid and according to the true intent and meaning thereof and further also that the said granted Messuage Tenement and Premises and every part thereof with their appurtenances now be and are and so from time to time and at all times hereafter shall or may be remain and continue to the uses intents and purposes aforesaid in manner and form aforesaid and according to the true intent and meaning of these presents clearly acquitted freed and discharged of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Mortgages Joyntures Dowers Wills Covenants Intails Statutes-Merchant and of the Staple Recognizances Judgments Executions Extents Rents Charge-rents Seck arrerages of rents and of and from all other Titles Charges Troubles and Incumbrances whatsoever at any time heretofore had made done committed omitted or suffered to be done or at any time hereafter to be had made done committed omitted or suffered to be done by him the said R. F. and the said E. F. his Father or either of them except an Estate assured to and upon E. H. widow late wife of the said E. F. by him the said E. for the term of the life of the said E. of the premises hereby conveyed or intended to be conveyed which is intended to be surrendred for the better execution of the said intended recovery and also except a Bargain and Sale lately made by the said R. F. G. G. and E. A. to the said W. F. and T. Y. of the same premises to hold from December 20. last past for the term of one whole year which Bargain and Sale was intended and made for the better execution of these presents and the said R. F. for himself his Heirs Executors and Administrators doth further covenant promise and grant to and with the said R. B. his Heirs and Assigns by these presents that he the said R. B. his Heirs and Assigns shall or lawfully may from time to time and at all times hereafter for ever according to the true intent and meaning of these presents peaceably and quietly enter into have hold and enjoy the said granted Messuage Tenement Garden and Premises and every part and parcel thereof with the appurtenances without any let interruption challenge claim disturbance eviction ejection molestation hinderance or denial of or by the said R. F. or of or by any other person or persons whatsoever having or claiming or pretending to have any lawful estate right title or interest in or to the premises or any part thereof from by or under him or his said Father deceased except the said El. F. and such as shall or may claim for by from or under and only for by from or under the
warranty the common Vouchee who shall appear in person at the Bar of the said Court of Common-Pleas and after declaration against him shall make defence and enter into the warranty and afterwards make default whereupon several judgments shall or may be had that so a good and perfect common recovery with double voucher according to the course of common recoveries in the said Court of Common-Pleas used may be had and executed of the premises And this Indenture further witnesseth and it is the true intent and meaning of these presents and of all the parties to the same that the said recovery so or in any other manner to be had or executed and the whole execution of the fine and recovery of the said Capital Messuages and Premises to be had or executed as aforesaid shall be and enure and shall be deemed adjudged construed and taken to be and enure to and for the only proper use and behoof of the said T. S. and of his Heirs and Assigns for ever and to none other use intent or purpose whatsoever And the said John V. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said T. S. his Heirs and Assigns by these presents that saving and excepting the terms and estates herein after excepted he the said J. V. and Mary his wife at the time of the ensealing and delivery hereof are and so until the Fine aforesaid by them to be levied as aforesaid shall be fully executed as aforesaid shall be seized in the right of the said Mary of a good Estate of Free-hold for the life of the said Mary of and in the Capital Messuage Mansion-house and premises before mentioned to be setled and assured to or upon the said T. S. or his Heirs aforesaid and that the said J. V. and Mary his wife now have and until as aforesaid shall have full power good right and lawful authority to convey and assure the premises to the said T. S. and his Heirs for the life of the said Mary according to the true intent and meaning of these presents and also that the said Capital Messuage or Mansion-house and Premises before mentioned or intended to be hereby setled or assured as aforesaid and every part and parcel thereof with the appurtenances now be and are and so from time to time and at all times for ever shall or may be remain and continue unto the said T. S. his Heirs and Assigns according to the limitation aforesaid and according to the true intent and meaning of these presents clearly acquitted exonerated and discharged or otherwise by the said J. V. his Executors or Administrators well and sufficiently saved and kept harmless of and from all former and other Grants Leases Mortgages Estates Acts Titles Charges Troubles and Incumbrances whatsoever had made or done or to be had made done or committed by him the said John V. and Mary his wife or either of them except and foreprized one Lease of Indenture bearing date c. made and granted by the said John V. and Mary his wife and T. M. party to these presents of certain parts of the said Capital Messuage then c. for the term of one and thirty years from the Feast of the Birth of our Lord God then last past upon which is reserved the yearly rent of 30 l. and 10 s. and also excepted and foreprized such term and interest as Tho. A. hath in the other parts of the said Capital Messuage by vertue of a Lease heretofore made to Simon L. Mercer deceased for certain years yet to come under the yearly rent of 44 l. and 10 shillings which said several yearly rents from henceforth for and during the rest and residue to come of the respective terms before mentioned to grow due and payable it is concluded and agreed by and between the said Parties to these presents and every of them and declared to be their true intent and meaning shall continue and be due and payable and ought to be paid to the said T. S. his Heirs or Assigns and the said J. V. for himself his Heirs Executors and Administrators doth further covenant and grant to and with the said T. S. his Heirs and Assigns by these presents that he the said T. S. his Heirs and Assings shall or lawfully may from time to time and at all times hereafter for ever peaceably and quietly enter into have hold and enjoy all and singular the Capital Messuage Mansion-house and Premises before mentioned or intended to be hereby setled or assured and every part and parcel thereof with their and every of their rights members and appurtenances without any let interruption disturbance or incumbrance of or by them the said J. V. and Mary his wife or either of them or of or by any other person or persons lawfully claiming or to claim or having right or title from by or under them or either of them their or either of their act right title or estate except such as shall or may claim by or under the Leases before excepted or either of them and for the terms or interest in or by the same Leases granted only and also that he the said J. V. and Mary his wife and either of them shall and will from time to time upon the reasonable request and at the costs and charges in the Law of the said T. S. his Heirs and Assigns make do suffer execute and acknowledge all and every such further and other lawful and reasonable acts things and assurances in the Law containing or implying no further or more general warranty or acquittal than only against them the said J. V. and M. his wife and either of them for the better assuring and sure-making of the said Premises to the said T. S. his Heirs and Assigns as by him or them or by his or their Council learned in the Law shall be in that behalf reasonably devised advised or required and so as for the doing thereof neither the said J. V. or Mary be compelled to travel above Ten Miles from the place of his or her respective dwelling or abode at the time of such request to be made And the said T. M. party to these presents for himself his Heirs Executors and Administrators and every of them doth covenant and grant to and with the said T. S. his Heirs and Assigns by these presents that saving and excepting the terms and interests herein before excepted he the said T. M. at the time of the ensealing and delivery hereof is seized of a good perfect and absolute Estate of Inheritance in Fee-simple of and in the said Capital Messuage Mansion-house and Premises before mentioned or intended to be setled or assured and until c. shall be setled and assured to and on the said T. S. his Heirs and Assigns according to the limitation aforesaid and the true intent and meaning of these presents shall be seized of all and singular the same Capital Messuage Mansion-house
and Premises with the appurtenances of a good lawful and sufficient Estate of Inheritance in Fee-tail expectant upon the death of the said Mary Vaughan and at the time of the ensealing and delivery hereof hath and until as aforesaid shall have full power good right and lawful authority to convey settle and assure the premises to and upon the said T. S. his Heirs and Assigns for ever in form aforesaid according to the true intent and meaning of these presents and also that all and singular the said Capital Messuage or Mansion-house and other the premises before herein mentioned or intended to be conveyed setled or assured as aforesaid and every part and parcel thereof with the appurtenances now be and are and so from time to time and at all times hereafter for ever shall or may be remain and continue unto the said T. S. his Heirs and Assigns according to the limitation aforesaid and the true intent and meaning of these presents clearly acquitted exonerated and discharged or otherwise by him the said T. M. party to these presents his Heirs Executors or Administrators well and sufficiently saved and kept harmless of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Mortgages Estates Joyntures Dowers Wills Covenants Entails Statute-Merchant and of the Staple Recognizances Judgments Executions Extents Debts to the Common-wealth Debts of Record and of and from all other Titles Charges Troubles and Incumbrances whatsoever at any time heretofore had made done committed or suffered to be done or at any time hereafter to be had made done committed or suffered to be done by them the said T. M. and the said E. M. his Father and T. M. his Grandfather or any of them or by any other person or persons whatsoever the said Leases therein before mentioned to be excepted and either of them and the said Estate for life of the said M. V. and the Fee-farm rent of 16 sh issuing or yearly due and payable out of or for the said premises to the Mayor and Commonalty of the said City of B. only excepted and fore-prized and the said T. M. for himself his Heirs Executors and Administrators doth further covenant and grant to and with the said T. S. his Heirs and Assigns by these presents that he the said T. S. his Heirs and Assigns and his and their Farmers and Tenants shall or lawfully may from time to time and at all times hereafter for ever peaceably and quietly enter into have hold use occupy possess and enjoy all and singular the said Capital Messuage Mansion-house and Premises before mentioned or intended to be conveyed setled or assured and every part and parcel hereof with the appurtenances and take receive and enjoy the Rents Issues and Profits thereof to his and their own use without any let interruption disturbance or incumbrance of or by him the said T. M. or his Heirs or of or by any other person or persons whatsoever claiming or to claim or having or pretending to have any lawful Estate Right Title interest or thing of in to or out of the premises or any part thereof except such as shall or may claim for by or under the Leases Estates and Rents before herein excepted or any of them And further that he the said T. M. and his Heirs and all and every other person and persons that shall or may claim from by or under him shall and will from time to time and at all times hereafter upon the reasonable request and at the costs and charges in the Law of the said T. S. his Heirs or Assigns make do suffer execute and acknowledge or cause to be made done suffered executed and acknowledged all and every such further and other reasonable and lawful acts things and assurances in the Law whatsoever for the further and better assuring sure-making setling and conveying to the said T. S. his Heirs and Assigns of all and singular the said Capital Messuage or Mansion-house and Premises before hereby mentioned or intended to be hereby setled conveyed or assured and every part and parcel thereof by such wayes and means in the Law as by him the said T. S. his Heirs or Assigns or by his or their Council learned in the Law shall be in that behalf reasonably devised or advised and required so as for the doing thereof the said T. M. and such others as are or ought to make such further assurance by force of these Covenants be not compelled or compellable to travel above Fifty Miles from the place of his or their respective dwelling or abode at the time of such request to be made and it is declared to be the true intent and meaning of these presents and of all the Parties to the same that all Fines Feoffments Recoveries Conveyances and Assurances at any time hereafter to be had levied suffered executed or acknowledged by or between the said Parties hereunto or any of them or any other person or persons whatsoever of the said Capital Messuage or Mansion-house and Premises before mentioned or any part thereof either alone by it self or together with any other Lands Tenements or Hereditaments shall be and enure and shall be deemed adjudged construed and expounded to be and enure to and for the only use and behoof of the said T. S. and of his Heirs and Assigns for ever and to none other use intent or purpose and the said J. V. and Mary his wife and J. M. party to these presents for the considerations aforesaid have granted bargained and sold and by these presents do grant bargain and sell to the said T. S. and his Heirs all and every the Deeds Charters Evidences Writings Counterparts of Leases Escripts and Minuments which do touch or concern the said Messuage and Tenement or any part or parts thereof all which or as many of them as now are or be in the hands or possession of the said J. V. and M. his wife or either of them or any other person or persons to his her or their own use or by his or her delivery or in the hands or possession of the said T. M. party to these presents or of any other person or persons to his or by his delivery the said J. V. for himself his Executors and Administrators respectively and the said T. M. for him his Heirs Executors and Administrators do severally and respectively covenant and agree to deliver or cause to be delivered uncancelled and undefaced or in as good condition and plight as now the same are unto the said T. S. his Heirs or Assigns before the Feast-day of the Birth of our Lord God next ensuing the date hereof In witness whereof all the said Parties to every part of this Indenture Quadripartite have put their Hands and Seals c. William King being seized of Lands and c. in Fee-tail with remainders dieth having Issue three Daughters who as Co-heirs enter Now S. N. and Hest his Wife one of the Co-heirs for the better
request of the said W. B. and by the appointment and with the atturnment of the said W. D. the elder have and either of them hath granted bargained sold aliened and confirmed and by c. to the said W. D. the Son and his Heirs all that Messuage Tenement c. and all Rents Reversions Remainders and Services of the said premises and all their and either of their Right Title Interest Challenge Claim and Demand whatsoever of in and to the same premises to have hold and enjoy the said c. unto the said W. D. the Son his Heirs and Assigns for ever to his and their own use for evermore to be holden of the chief Lord or Lords of the Fee or Fees of the premises by the Rent and Services therefore due and of right accustomed and it is concluded and agreed by and between the said Parties that neither these presents nor any thing therein contained shall extend to be construed to extend to bind or charge the said R. R. and W. K. or either of them their or either of their Heirs touching the premises otherwise than against his and their own acts respectively In witness whereof c. Note That in respect of the Atturnment of Tenant the Estate of Inheritance passeth legally without Livery B. M. being seized of Lands jure uxoris she being a Co-heir purchaseth of J. B. to whom the Estates of the other Co-heirs is come all the Lands the Conveyance is by recovery concluded to be suffered by J. B. THis Indenture c. Between J. B. of c. Son and Heir of William Beaumont late of c. deceased and M. his Wife one of the Daughters and Co-heirs of D. S. Gent. deceased of the one part and B. M. of c. William H. J. H. of c. and Rich. C. of c. of the other part witnesseth That the said John Beaumont for and in consideration of the sum of 200 l. of c. to him by the said B. M. before c. whereof c. hath agreed to grant convey and assure to the said B. M. his Heirs and Assigns for ever all that toft and eight acres of Land by estimation be they more or less called c. and also Common Pasture for six young Beasts and one House with the appurtenances in Wickware Heath all which premises are scituate c. and now are in the tenure holding or occupation of the said B. M. in the right of E. his Wife the Daughter of R. W. deceased for term of her life and which said premises late were the Inheritance of the said D. S. and by and after his death descended and came to his three Daughters viz. the said M. E. the Wife of R. C. and B. the Wife of J. M. the parts and portions of which E. C. and B. he the said W. B. purchased and dyed thereof seized And also the said J. B. for the Confiderations aforesaid hath agreed to grant convey and assure to the said B. M. his Heirs and Assigns for ever all other the Messuages Lands Tenements and Hereditaments of him the said J. B. within the Parish of W. aforesaid and all Rents Reversions and Services of the premises and every part thereof as by such wayes and means as by him the said B. M. or his Council learned in the Law shall be in that behalf reasonably devised and required and this present Indenture further witnesseth That the said I. B. doth for himself his Heirs Executors and Administrators covenant promise and grant to and with the said B. M. his Executors and Administrators and Assigns by these presents that he the said I. B. shall and will before the end of Easter Term now next ensuing by Deed indented and enrolled in the High Court of Chancery bargain and sell to the said W. H. and I. H. and their Heirs all the said toft and premises To have and to hold to the said W. H. and I. H. and their Heirs during the natural life of the said I. B. to the intent and purpose to make them Tenants of the Free-hold of the premises and that a Writ of Entry sur disseisin en le post shall be brought and prosecuted by the same R. C. against the said W. H. and I. H. whereby he shall demand the said premises by some fit or apt names against them the said W.H. and I.H. who shall appear in person and vouch to warranty the said J. B. who shall likewise appear in person and vouch over to warranty the common Vouchee who shall likewise appear in person and enter into the warranty and afterwards make default and depart in contempt of the Court whereby several Judgments shall be had viz. for the said R. C. to recover the premises against the said W. H. and I. H. and for them to recover in value against the said I. B. and for the said I. B. to recover over in value against the said common Vouchee which said recovery so or in any other manner to be had and executed and all Fines Feoffments and other Assurances at any time hereafter to be had or executed of the premises or any part thereof shall be and enure and shall be deemed adjudged construed and expounded to be and enure to and for the only use and behoof of the said B. M. and of his Heirs and Assigns for ever and the said I. P. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said B. M. his Heirs and Assigns by these presents that he the said I. B. at the time of the ensealing and delivery thereof is and until the said premises shall be fully and perfectly conveyed and assured to the said B. M. his Heirs and Assigns for ever according to the true intent and meaning of these presents shall be the true and lawful Owner of the said premises and every part thereof and of and in the same and every part thereof lawfully and rightfully seized of a good Estate of Inheritance in Fee-simple in his own right and to the only use of him and his Heirs by good sure sufficient and absolute conveyance assurance and title in the Law indeseazible and also that he the said I. B. at the time of the ensealing and delivery hereof hath and until the said premises shall be assured as aforesaid shall have full power good right and lawful authority to bargain sell convey and assure the said premises and every part thereof to the said B. M. his Heirs and Assigns for ever according to the true intent and meaning of these premises and also that the said premises and every part thereof now be and are and so from time to time and at all times hereafter for ever shall or may be remain and continue to the said B. M. his Heirs and Assigns clearly acquitted and discharged or otherwise by him the said I. B. his Heirs and Assigns well and sufficiently saved and kept harmless of and from all and all
manner of former and other Bargains Sales Gifts Grants Leases Mortgages Joyntures Dowers Wills Covenants Statutes Recognizances Judgments Executions Extents Rents Charge-rents Seck arrerages of Rents and of and from all other Titles Charges Troubles and Incumbrances whatsoever at any time heretofore had made done committed or suffered to be done or at any time hereafter to be had made done committed omitted or suffered to be done by him the said J. B. or by the said W. B. or by any other person or persons whatsoever except the Estate of the said E. M. for her life and except the Rents and Services from henceforth to be due payable to the Chief Lord or Lords of the Fee or Fees of the premises and also the said I. B. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said B. M. his Heirs and Assigns by these presents that he the said B. M. his Heirs or Assigns shall or lawfully may from time to time and at all times hereafter for ever peaceably and quietly have hold and enjoy the said premises and every part thereof without any let interruption challenge claim disturbance or incumbrance of or by him the said I. B. or his Heirs and without any lawful let interruption challenge claim disturbance or incumbrance of or by any other person or persons except such as shall or may claim by or under the right or title of the said E. M. or for the Rents and Services aforesaid And further that he the said I. B. and his Heirs and every other person or persons lawfully claiming or to claim any manner of lawful estate right title or interest in or to the premises except before excepted shall and will from time to time and at all times hereafter upon the reasonable request and at the costs and charges in the Law of the said B. M. his Heirs or Assigns make do and execute all and every such further acts and things for the further and better assuring of the said premises and every part thereof to the said B. M. his Heirs and Assigns for ever as by him the said B. M. his Heirs or Assigns or by his or their Council c. so as for the doing thereof c. a Bargain and Sale of Deeds c. In witness c. Note B. M. demised the Lands to A. and B. Habend forty years if the Coverture between him and E. his wife so long continue on trust to suffer him to enjoy and make such Grants as he shall appoint Nota. B. M. surrendereth to I. B. the premises Habend to him and his Heirs provided if I. B. or his Assigns pay not 200 l. before Midsummer next c. to be void B. M. to enjoy the premises in the mean time P. H. purchaseth Lands of W. H. Uxor other Lands he holds in Right of I. his wife to whom the same were devised by R. I. her Brother in Fee-simple the Brother and Heir of the Devisor intendeth to settle other Lands which came to him by Descent on the said P. and I. in tail Now for the setling as well the Lands purchased of H. as all the rest a Fine is levied by W. H. Uxor I. I. Heir to the Devisor Uxor and the said P. Uxor and T. P. and I. C. The uses whereof are declared by the Deed following THis Indenture Tripartite c. between W. H. of c. and M. his Wife T. I. of c. Brother and Heir of R. I. late of c. deceased who was Son and Heir of I. I. late of c. deceased begotten on the Body of I. his Wife Daughter of T. P. of c. deceased and A. the Wife of the said T. I. of the first part P. H. and I. his Wife of the second part and T. P. and I. C. of c. of the third part witnesseth That whereas the said W. H. by his Deed indented bearing date April 18. in the sixteenth year of c. for the consideration therein expressed did grant bargain sell and convey to the said P. H. his Heirs and Assigns for ever two several Messuages or Tenements with the Garden and appurtenances thereunto belonging scituate and being c. and then and yet in the several holding of c. and also three several holdings of c. and also three several Messuages or Tenements with a Garden or Out-ground on the back part thereof and to the same three Tenements or some of them belonging or appertaining scituate and being c. and then and yet in the several Tenures or Occupation of c. as in and by the same Deed indented more at large appeareth and whereas also the said R. I. being in his life-time lawfully seized in Fee-tail of and in all the Messuages Lands Tenements and Hereditaments hereafter mentioned that is to say all that great Messuage or Tenement wherein c. scituate and being c. and also two other Messuages or Tenements c. and also three Gardens c. and in his life-time viz. in the Term of Easter in the sixteenth year of c. acknowledge and levy to the said P. H. and T. P. one Fine sur conuzance de droit come ceo c. which was sued out with Proclamation according to the form of the Statute in that case made and provided before the then Justices of the Court of Common-Pleas at Westminster of all the said Messuage Lands Tenements and Premises by the names of nine Messuages and four Gardens with the appurtenances in c. as by the said Fine remaining of Record in the said Court more at large may appear Which said Fine was levyed to the intent and purpose to make the said R. I. Tenant of all the said premises in Fee-simple as by Indentures to that purpose made bearing date April 20. in the said sixteenth year of c. made between the said R. I. of the one part and the said T. P. and P. H. of the other part more at large it doth and may appear and whereas the said R. I. after the levying of the said Fine that is to say April 25. in the seventeenth year c. by the last Will and Testament in writing bearing date the day and year last mentioned did give and devise in these words viz. I give and bequeath all that Tenement c. unto Joan H. my Sister Wife of Peter H. and to her Heirs and Assigns for ever and also in another place of the said Will gave and devised in these words viz. Item I give to my Sister J. H. and to her Heirs and Assigns for ever my House Lodge and Orchard with the appurtenances lying and being c. as by the said Will and Testament may appear and whereas the said Richard Joanes afterwards died leaving all the residue of the said Messuages Lands Tenements and Premises to descend and come to the said T. I. as Brother and Heir of the said R. I. witnesseth now
or Indentures such or so much of the said Mannors Lands Tenements Hereditaments and Premises whereof he shall be then so seized in possession of such Estate as aforesaid or any part thereof chargeable and charged nevertheless with the liberties and powers herein contained and with the terms and estates hereof thereby or in pursuance thereof made or raised unto any person or persons whatsoever in possession for any number of years not exceeding the number of Twenty one years from the making thereof in possession or for the term of three lives or for any fewer number of years or lives or for any number of years determinable on three lives or any fewer number of lives in possession so as upon every such Demise Lease or Grant so to be made as aforesaid there be reserved respectively such Rents and Services as at any time within the space of Seven years last past before the date of these presents have been reserved for the same or more or greater Rent payable for the same during the continuance of every such several or respective Demise or Lease so to be made as aforesaid to such person or persons as by force of these presents shall or ought to have the immediate Reversion or Remainder thereof and that immediately from and after every or any such time as any such several and respective Demise Lease or Grant shall be made as aforesaid the recovery and recoveries and every of them shall be and enure and shall be taken to be and enure and the said Recoverer and Recoverers in the said Recovery named and every of them their and every of their Heirs and all and every other person or persons which at any time hereafter shall be seized of such parts and parcels of the premises as shall be demised or leased as aforesaid shall stand and be seized thereof and of every part thereof to the use and behoof of such several and respective person and persons to whom any such Demise or Lease shall be so made as aforesaid their several and respective Executors Administrators and Assigns to such several and respective estate and estates term and terms and such manner and form as in such several and respective Demises or Leases to be made as aforesaid shall be mentioned and expressed subject to the Rents Covenants Conditions Provisoes and Agreements as therein shall be severally and respectively contained and expressed and of the Reversion and Reversions Remainder and Remainders thereof to the use of such person or persons as by force of these presents shall or ought to have the immediate Reversion or Remainders thereof any thing c. Provided alwayes and it is c. and the true intent c. is that it shall and may be lawful to and for the said Richard Herbert party to these presents at any time or times after the decease of the said Edward Lord Herbert during his natural life by Indenture Deed or Writing to be by him the said Richard Herbert party to these presents sealed and subscribed in the presence of two or more credible Witnesses to make any Lease or Leases Demises or Grants of all or any part of the said Mannors Lands Tenements and Premises with their appurtenances as well those within this Realm of England and the Principality of Wales as those within the said Kingdom of Ireland except such of the Mannors Lands Tenements and Premises in the said County of Monmouth as shall be limited to or for the Joynture of such wife or wives as the said Edward Lord Herbert shall hereafter marry for and during the life or lives of such Wife or Wives only for the term of 21 years or under or for one two three or more lives or for any number or term of years determinable upon one two three or more lives in possession or reversion or otherwise with reservation of Rent or without reservation of Rent at his and their will and pleasure unto any person or persons subject nevertheless to the use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert his Heirs and Assigns in manner aforesaid upon trust for the raising of the several portions herein after mentioned for such Daughter and Daughters as the said Richard Herbert Son of the said Edward Lord Herbert shall happen to have and not otherwise Provided that is to say if one Daughter only then for the raising of 3000 l. for that Daughter if more than one Daughter then for the raising of 2000 l. apiece for each and every one of the said Daughters and that all or every such Lease or Leases Demises or Grants so to be made as aforesaid shall stand and be good and effectual in the Law to all intents and purposes and that the said Recovery and Recoveries so as aforesaid or in any other sort to be had and suffered and the Recoverer and Recoverers therein named his and their Heirs shall stand and be seized of and in such part and so much of the Mannors Messuages Lands and Premises with the appurtenances as shall be so demised or leased as aforesaid and every part thereof except as is before excepted to the use of such person and persons his and their Executors Administrators and Assigns to whom such Demises Leases or Grants shall be so made as aforesaid for and during such Leases Estates and Terms as shall be so demised and granted as aforesaid subject nevertheless to the said use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert his Heirs and Assigns in manner aforesaid Provided also and it is c. and the true intent c. that it shall and may be lawful to and for the said Richard Herbert party to these presents from time to time and at all times during his natural life by any his Deed or Deeds Writing or Writings indented or poll to be by him the said Richard Herbert party to these presents signed sealed and delivered in the presence of two or more credible Witnesses to revoke annihilate frustrate and make void all or any of the use or uses estate or estates or limitations herein before limited declared and appointed of for or concerning any three Plough-lands of the premises in the Kingdome of Ireland not exceeding in the whole the clear yearly value of 150 l. per annum over and above all Charges and Reprizes other than the use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert and his Heirs in the manner aforesaid and other than the use herein before limited to the said Edward Lord Herbert for his life and that then and from thenceforth the use and uses estate and estates and limitations herein before declared limited or appointed of for or concerning such of the last mentioned premises for or concerning which any such nomination shall so be had or made other than the uses herein before limited to the said Edward Lord Herbert and Edward Son of the said
That if the within-named J.M. his Heirs and Assigns and every of them shall and may for evermore from henceforth peaceably and quietly have hold occupy possess and enjoy all that Messuage Tenement and Lands scituate lying and being in c. and every part and parcel thereof mentioned to be bargained and sold by the within-bound R.W. to the said J.M. in and by a certain Indenture of bargain and sale bearing date the day of the date within-written made between the within-bound R.W. and A. his wife on the one part and the above-named J.M. on the other part clearly discharged or otherwise sufficiently saved harmless of and from all and all manner of estates titles charges and incumbrances whatsoever at any time heretofore had made committed permitted suffered or done by the said W. or by his means or procurement that then c. A Condition to pay a yearly sum of Money for a Wives Joynture during her life THe Condition c. That if the above-bound P. P. his Heirs Executors Administrators or Assigns or any of them do well and truly pay or cause to be paid unto K. the now wife of the said T. P. for and in the name of her Joynture yearly and every year for and during the term of the natural life of the said K. if she shall survive and over-live the said T.P. her Husband the yearly sum of c. at Four most usual Feasts in the year that is to say at c. by even and equal portions the first payment thereof to begin and to be made at the Feast of the said Feasts which shall first and next happen after the death of the said T.P. if she the said K. shall be then living and also if when any of them the Sureties of the said T.P. shall happen to die or depart this natural life the said K. living the survivor of them within one moneth next after his death shall procure one sufficient Surety to become bound with the then surviving Obligor in the like sum and under the same condition and so from time to time during the life of the said K. upon the sealing and delivery of every which new Bond the former Bond to be delivered to the survivor to be cancelled that then c. A Condition to endeavour to discharge an Obligation by a day THe Condition c. That if c. do and shall use his best endeavour for and in discharge of one obligation bearing date the c. wherein the within-named D.W. and B B of c. are and stand bound unto the said M. B. deceased in the sum of 100 l. for payment of 52 l. at a day already past and do thereof acquit and discharge the said D.W. and B. B. and either of them their and either of their executors administrators and assigns of and from all actions sutes troubles costs and charges whatsoever of for and concerning the said Obligation or sums of money therein contained that then this c. A Condition reciting an absolute bargain and sale is made to one for the Indempnity of a Bond if the money be paid upon the Bond the Grantee is bound to re-assure THe Condition c. That whereas the within-named J. T. by his deed indented bearing date the day of the date within written for the indempuity discharge and saving harmlesse of the within-bound Sir M. W. his Heirs Executors and Administrators of for from and conderning one Obligation bearing date the c. within-written wherein the said Sir M. W. for the only debt of the said J. T. together with the said J. T. is and standeth bound unto 〈◊〉 Esq in the sum of c. with condition for payment of c. on 〈◊〉 c. next coming hath granted bargained sold and confirmed unto the said Sir M.W. his Heirs and Assigns for ever all that Close c. with the appurtenances called or known by the name of c. scituate lying and being in c. as by the same deed inrolled in the High Court of Chancery amongst divers other things therein contained may more at large appear If therefore the said Sir M W. his Heirs or Assigns in whom the estate of the before-mentioned premisses is or shall be vested or setled do and shall upon reasonable request to him of them to be made in that behalf by the said J. T. his Heirs or Assigns after that the said J. T. his Heirs Executors Administrators or Assigns shall have paid the said 104 l. and acquitted and discharged the said Sir M.W. his Heirs Executors Administrators and Assigns of and from the said Obligation and the sum and sums of money therein contained at the costs and charges in the Law of the said J.T. his heirs or assigns re-convey and re-assure unto the said J.T. his Heirs and Assigns for ever the said Close called c. with the appurtenances with warranty therein to be contained against the said Sir M.W. his heirs and assigns only so as he or they be not compelled to travell for the making of the said assurance further than the place of his or their abode and residence at the time of such request made that then c. A Condition reciting a Surrender of Land upon condition that if the money be not paid according to the condition the Obligor may enjoy the Lands c. THe Condition c. That whereas the within-bound T. J. hath the day of the date within-written surrendred into the hands of the Lord of the Mannor of H. in the County of c. out of Court by the hands of A. B. and C. D. two of the customary Tenants of the said Mannor according to the custom of the said Mannor one Messuage or Tenement c. with all and singular their and every of their appurtenances now or late in the tenure or occupation of the said T.J. his assign or assigns to the onely use and behoof of the within-named F.A. and of his Heirs and Assigns for ever according to the custome of the said Mannor nevertheless upon condition of non-payment of c. at or in c. as by the same Surrender more at large appeareth If therefore the said F. A. his Heirs and Assigns and every of them shall or may from time to time and at all times for ever from and after default made in payment of the said sum of c. at the day and place appointed for payment thereof as aforesaid lawfully peaceably and quietly have hold occupy possess and enjoy the same Messuage or Tenement Lands and all and singular other the premisses in and by the said surrender mentioned and expressed clearly and absolutely acquitted and discharged or otherwise by the said T. J. and his Heirs sufficiently saved and kept harmless of and from the Joynture Dower and Thirds of K. now Wife of the said T. ● to be claimed or challenged of or in the said premisses or any part thereof and of and from all and all manner of former and
of their Lands Tenements Goods or Chattels for or by reason of the said Recognizance or Statute or of the penalty or forfeiture thereof in any wise so that neither I the said P.V. nor the said P. H. our Executors Administrators or Assigns nor any of us any action arrest extent judgment execution condemnation Liberate seizure debt or demand upon the said Recognizance or Statute shall or may from henceforth commence prosecute or pursue against the said Henry Adys his Heirs Executors Administrators or Assigns or any of their Lands Tenements Goods or Chattels but shall be thereof utterly debarred and excluded for ever by these presents In witnesse c. A Letter of Attorney to take possession and to deliver a Lease upon the ground BE it known unto all men by these presents That I W. D. of c. have made ordained constituted and authorized and in my place and stead by these presents have put my well-beloved Friend I. D. of c. my true sufficient and lawful Attorney for me and in my name and to the use and behoof of me the said W. D. my Heirs and Assigns to enter into all the Mannor of c. with all and singulat the appurtenances scituate and being in K. in the County of S. and now or late in the tenure or occupation of I. A. or of his Assigns and peaceable and quiet possession and seizin thereof for me and in my name to take and as my deed deliver unto one E.B. upon the premisses or some part thereof one Indenture bearing date with these presents made by me the said W. D. to the said E.B. mentioning a demise of the premisses for term of c. from the Feast of c. last past then next ensuing and fully to be compleat and ended under the yearly rent of c. unto which said Indenture I have subscribed my name with my own hand and sealed with my seal and delivered the same as my Escrowe unto the said I. D. to be delivered as my Deed upon the premisses or some part thereof after an entry made by him the aid I. D. into the premisses or some part thereof in the name of the whole and all and every other thing requisite and necessary to be done in or concerning the premisses for me and in my name to do as fully and effectually and in as large and ample manner and form to all intents and purposes as I my self might or ought to do if I were then and there personally present And I shall and will ratifie allow and confirm all and whatsoever my said Attorney shall do or cause to be done in or about the premisses by these presents In witness c. A Letter of Attorney to take possession of the Lands and the same Lands to demise survey or sell and to receive c. TO all c. R.E. of c. G.M. of c. and H. L. of c. send greeting Know ye That we the said R.E. G.M. and H.L. for divers good causes and considerations in that behalf moving have made ordained constituted and in our stead and places by these presents have put and authorized our servants R. N. and H. B. Gent. and either of them our true sufficient and lawful Attornies for us and in our names and to the use and behoof of us the said R. E. c. to enter into all those the Mannors of c with their rights members and appurtenances in the County of c. and into the advowsons of or belonging to the same or any of them and into every part and parcel thereof and the said Mannors and every or any of them for us and in our names to survey and we do by these presents give full power authority to the said R.N. H.B. and either of them to be our steward or stewards of the said Mannors and every of them and to keep such Court and Courts of Survey and other Court-Leets and Law-dayes of and upon the same Mannors or any of them as to our said Attorney or either of them or such other as they or either of them shall appoint shal be thought fitting and the same Mannors and every or any of them for us and in our names to bargain sell lease or grant to such person persons and for such estate for life inheritance or otherwise and for such sum and sums of money as our said Attorneys and either of them shall be thought fit requisite to the uttermoit and best commodity and profit of us the said R. E. G. M. and H. L. and the Deed and Deeds of the same grants and estates so to be made for us and in our names to feal and as our Deeds to deliver unto the parties to whom the same shall be so made or to any other to their use or uses and the Counterparts of the same for us and in our name to accept and receive and also all such fines and other sum and sums of money as shall grow due to the same for us and in our names and to the use of the said R. E. G. M. and H. L. to accept receive and take and upon the receipt thereof any acquittances or discharges for us and in our names to make seal and deliver and also for us and in our names and to the use of the said R. E. G. M. and H.L. to collect gather receive and take all such rents duties heriots arrearages of rents and profits of Courts as are already or shall be due or payable for out of or concerning the premisses or any of them giving and granting unto our said Attornies and to either of them our full power or lawful authority in touching and concerning the premisses to do execute proceed and finish in all things in as large and ample manner and form as we the said R. E. W.M. and H.L. or any of us might or ought to do if we or any of us were then present and ratifying and allowing whatsoever our said Attorneys or either of them shall do in the premisses or any of them according to the intents of these presents In witness c. A Letter of Attorney of a Bond for performance of Covenants of an Indenture of Lease TO all c. I J. K. of c. send greeting Whereas I. B. of c. M. A. of c. by their Obligation bearing date the c. are and stand bound unto me the said J. K. in the sumof c. with condition thereupon endorsed for the true performance of the Covenants Rents and payments mentioned and contained in and by one pair of Indentures of Lease bearing date the day of the date of the said Obligation made between the said I.K. of the one part and the said L. B. of the other part as by the same Obligation and Condition may appear Now know ye That I the said J.K. for divers good causes and considerations me hereunto especially moving have given granted assigned and set over and
demised granted set and to farm-letten and by these presents do c. unto the said H. T. all that their Burgage Messuage and Tenement with the appurtenances scituate lying and being in P. aforesaid upon the East-side of a certain Close there commonly called the c. late in the tenure of c. and also all that Shop c. and all and singular other the Houses Edifices Buildings Barns Stables Shops Rooms Losts Folds Courts Yards Back-sides Curtillages Commons Common of Pasture and Turbury wayes Waters Easements Liberties Profits Commodities Emoluments Advantages and Appurtenances whatsoever to the said Messuages Burgage or Tenement or Shop or any of them or any part or parcel thereof belonging or in any wise appertaining or heretofore c. To have and to hold the said c. to the said c. from and after the end and expiration of one Lease heretofore made c. of the said premisses unto J. T. late Father of the said H. T. for the term of c. yielding and paying therefore yearly during the said term unto the said Bayliffs for the time being and their Successors to the use of the said Mayor Bayliffs and Burgesses and their Successors the annual or yearly Rent of c. at the Feast of c. only during the said term or within c. next after the same if it be lawfully demanded either by publick notice or otherwise for all manner of Rents Boons Duties Sutes Services and Demands whatsoever and if it shall happen the said yearly Rent of c. that then and from thenceforth it shall be lawful to and for the said Mayor Bayliffs and Burgesses theirs c. into the said demised premisses c. and the distress or distresses c. until such time as the said Rent c. be fully satisfied and paid unto the said Mayor Bayliffs c. and if no sufficient distresse may or can be found in and upon the said demised premisses or any part thereof to satisfie the said Rent with the arrerages thereof or that the said Bayliffs for the time being be interrupted or hindered to distrain for the same that then and from thenceforth it shall and may be lawful to and for the said Mayor Bayliffs and Burgesses their Heirs and Successors or any of them into the said demised premisses or any of them with the appurtenances to re-enter and the same to have again re-possess and enjoy as in c. this present Indenture or any thing c. Covenant for reparations and to leave it so Proviso That in case of non-payment of the Rent or if the premisses shall be assigned to any person not dwelling or inhabiting within the said Burrough or Town and who is not a free Burgess of the said Town that then and from thenceforth c. Provided further and upon this condition That if it shall happen the said H. T. to dye without issue male of his body lawfully to be begotten before the commencement of these presents and before the payment of c. being the consideration agreed upon to be paid for the same then if R. T. of c. or the issue male of his body lawfully begotten or J. T. or the issue male of his body lawfully begotten do pay to the said Mayor Bayliffs and Burgesses for the time being their Heirs and Successors the said sum of c. in manner and form as aforesaid and also 20 l. to the issue female surviving of the said H. T. if there be any such then living within one year then after their or either of their entry that then and from thenceforth the said R. T. shall be interessed in these presents to him and the heirs males of his body lawfully begotten and for default of such issue to the said J. T. youngest brother of the said H. and of the heirs males of his body lawfully begotten he the said J. T. or his issue male paying the said sum of c. to the said Mayor Bayliffs and Burgesses and the said sum of c. to the issue male of the said T. H. in such manner and form as is herein expressed limited and appointed and for default of such issue then to the Heirs and Assigns of the said H. during the residue of the said term In witnesse c. A Lease for Three Lives with a Letter of Attorney to take and give possession THis Indenture made c. between c. witnesseth That the said c. for and in consideration of c. doth demise c. all that his Messuage and Tenement with the appurtenances and all and singular Shops Cellars Sollers Chambers Rooms Entries Wayes Yards Back-sides Lights Easements Profits and Commodities whatsoever to the said Messuage or Tenement belonging or appertaining or to or with the same used occupied or enjoyed late in the tenor c. scituate c. Habend the said Messuage or Tenement and other the premisses with the appurtenances to the said c. and to his Assigns for and during his natural life the remainder thereof to the said F. his Wife and to her Assigns for and during the term of her natural life Yielding c. during the said term or estates and every or any of them unto the said J. his Heirs and Assigns the Rent of c. at the c. by even and equal portions and yielding and paying therefore also unto the said J. his c. for and upon any alienation demise or grant of the premisses or of the greater part of them and for and upon any change of Tenant or Tenants of the premisses during the said term or estates or any of them the Summe of c. toties quoties for every change alienation or demise in the name of a fine for alienation the same fine or fines to be paid to the said c. at the Messuage or Tenement aforesaid within the space of c. next ensuing the first of the Feasts aforesaid which shall next come or happen to be after any such alienation c. of the premisses or the greater part thereof A Covenant that they the said H. P. his Wife and S. their c. or some of them shall or will at or before the c. expend disburse and lay out in upon or about the building repairing strengthening or bettering of the said Messuage or Tenement with the appurtenances and other the demised premisses the Summe of c. at or before the Feast of c. Provided alwayes That if it shall happen the said yearly Rent of c. or the said fine or fines that shall grow due c. at any time during the life of c. to be behind and unpaid in part or in all by the space of c. next after c. or if the demised premisses or any part thereof shall be in decay or unrepaired by the said space of c. next after notice given that then the estate of the said H for and during his natural life shall
cease determine and be utterly yoid and of none effect to all intents and purposes or if at any time after the decease or determination of the said estate of the said H. and during the life of the said F. it shall happen the said yearly Rent of c. or at the said fine or fines to be behind and unpaid c. by the space of c. or that the said demised premisses shall be in decay or want repairing c. by the space of c. that then likewise the said estate of the said F. shall cease determine c. and that then and at all times from thenceforth it shall and may be lawful to and for the said J. his c. into the said demised premisses with the appearances and into every part and parcel thereof to re-enter and the same to have again repossess and enjoy as in his and their former estate and that thereupon this present Indenture of Lease to be void and of none effect any thing herein c. And lastly the said J. P. doth by these presents make ordain constitute authorize and appoint and in his state and place put his trusty and well-beloved Friends P. W. and J. M. to be his true and lawful Atturnies joyntly or severally for him and in his stead and name to enter into and upon the said demised premisses or into or upon any part or parcel thereof in the name of the whole for him in his name and to his use to take and keep and after such possession so had and taken full and peaceable possession and seizin of the same premisses or of any part or parcel thereof in the name of the whole for him in his stead and name to give and deliver unto the said M. R. F. his now wife and S. B. or any of them or to their or any of their certain Attorney or Attorneys in that behalf authorized according to the tenor purport effect and true meaning of these presents ratifying allowing and holding firm all and whatsoever his said Attornies joy●●tly or either of them severally shall do or cause to be done in or about the premisses by the tenor of these presents In witnesse c. A Letter of Attorney to deliver two Leases TO all to whom c. I W. L. of c. sendeth greeting Whereas the said W. L. hath caused two several Indentures bearing date with these presents to be drawn and ingrossed purporting several demises and grants from the said W. L. unto R. G. of c. the one of them purporting a demise of all that one Close c. as in the Lease is recited with their appurtenances now or late in c. lying and being in c. To have and to hold the said several Closes and premisses and every part and parcel thereof unto the said R. G. his c. from the c. as in the Lease yielding c. if demanded and the other of them purporting a demise of all that Messuage or Tenement with the appurtenances c. as in the Lease To which several Indentures the said W. L. before the ensealing and delivery of these presents hath put his hand and seal Now know ye That the said W. L. hath made ordained constituted authorized and appointed and by these presents doth c. his trusty and well-beloved Friends R. S. c. his true and lawful Attorneys joyntly and severally for and in the name and place of him the said W. to enter and come into and upon the said several grounds and all and singular other the premisses above severally mentioned to be demised or any part or parcel thereof for or in the name of the whole and full and peaceable possession and seisin thereof to take and have and being so entred and thereof or of any part thereof quietly possessed then and there for and in the name and as the proper act and deed in the Law of the said W. L. to deliver to the said R. G. or his lawful Attorney or Assigns in that behalf to his proper use and behoof the said several Indentures to which the said W. L. hath put his hand and seal as aforesaid and also to do say exercise execute conclude determine and finish all and every other act and acts matter and thing whatsoever which in and about the delivery of the same several Indentures or either of them shall be requisite and expedient to and for his said Attorneys or either of them to do by all due and lawful circumstances so fully and effectually in every respect as he the said W. L. might or could do being personally present at the doing thereof Giving and by these presents granting unto the said c. the full and whole power strength and authority of him the said W. L. in the execution of the premisses and ratifying and allowing all and whatsoever the said c. or either of them shall lawfully do or cause to be done in the execution of the premisses for and in the name of the said W. L. as the proper act and deed of him the said W. L. In witness c. An Assignment of certain Debts by an Administratrix to Creditors TO all to whom c. I E. B. of London Widow Administratrix of all and singular the goods chattels debts and credits which late were R. B. my husbands deceased send greeting c. Whereas the said R. B. my said late husband in his life-time stood indebted unto c. and unto every of them severally in certain several Sums of Money Know ye therefore That I the said E. B. intending as much as in me lieth to give content and satisfaction unto them and every of them Have given granted bargained assigned and set over and by these presents do fully clearly and absolutely c. unto the said c. and to every of their Executors Administrators and Assigns all and every the Book-debts Specialties Obligations and Writings Obligatory Acquittances and Receipts named and mentioned in a Schedule c. which are due and owing unto me the said E. as Administratrix as aforesaid by one c. and one c. by what name or names soever they be called or known and by such their Sureties as in the said Obligations or Writings obligatory are named as in and by the c. more plainly c. together also with all and every sum and summes of Money commodity profit benefit and advantage that shall or may come grow or be had made gotten or obtained of or by the said Book-debts Obligations and Writings obligatory and every of them and all my right title interest property claim and demand of in and to the same and every part thereof And I the said c. for me my Executors and Administrators do covenant grant and promise to and with the said c. and every of them their and every of their c. by these presents That I the said E. B. have not heretofore released or by any
particularly expressed and also all Waters Fishings and Fish-ponds being in or between the same and the moity of all other Waters adjoyning and next to the same now or late in the possession of the said Sir A. D. situate lying and being in G. B. aforesaid in the said County of O. And also all that Close c. reciting the particulars with the buttalls and boundalls 〈◊〉 And also all usual Wayes Easements Profits and Commodities to all and singular the premisses and to every part and parcel thereof belonging or in any wise appertaining And all and singular the Tythes which at any time hereafter may arise or grow due out of all or any the premisses aforesaid All and singular which premisses are situate lying and being in the Parish of G. B. aforesaid in the said County of O. Together also with all the Wayes and Passages now or at any time within the space of three years last past used or occupied unto or with the premisses or any part thereof for the said Sir T.R. his heirs and assigns and for his and their Servants Cattle and Carriages in and through any other the grounds of the said Sir A. D. in G. B. aforesaid unto the premisses and every of them intended to be conveyed and assured as aforesaid In which conveyances and assurances to be made of the premisses in manner and form aforesaid there are to be excepted to and for the said Sir A. D. his heirs and assigns Lessees Farmors and Under-tenants and all his and their Servants and all others by his and their appointment necessary and convenient wayes and passages in and through all or any the premisses to be conveyed as aforesaid unto and from all or any the Closes and Grounds of the said Sir A. D. situate in B. aforesaid not to be conveyed unto the said Sir T. R. aforesaid Now this Indenture witnesseth That for the quiet enjoying of all and singular the before mentioned premisses with their and every of their appurtenances unto the said Sir T. R. his heirs and assigns and for and in consideration of the Summe of 5 s. of currant money of England in hand paid by the said Sir T. R. unto the said Sir A. D. that the said Sir A. D. hath granted bargained sold enfeoffed and confirmed and by these presents doth grant bargain sell enfeoffe and confirm unto the said Sir T. B. his heirs and assigns for ever All that his Mannor of C. with the appurtenances in the Parish of P. or elsewhere in the said County of B. And all Messuages Closes Lands Meadows Pastures Woods and Hereditaments with their and every of their appurtenances of the said Sir A. D. scituate lying and being in the Town Hamlets Fields and Precincts of C. and P. aforesaid or in either of them in the said County of B. And also the Reversion and Reversions Remainder and Remainders of the said Mannor of C. and of all and singular the premisses with their appurtenances hereby intended to be granted bargained and sold And also all the estate right title interest claim and demand whatsoever of him the said Sir A. D of in and to the said M. of C. with the appurtenances and all other the premisses before by these presents mentioned to be granted bargained or sold with the appurtenances and of in and to every part and parcel thereof And also all Deeds Evidences and Writings touching or concerning the afore-bargained premisses only or only any part or parcel thereof To have and to hold the said M. of C. with the appurtenances and all and singular the afore by these presents bargained premisses with their appurtenances and the Reversion and Reversions Remainder and Remainders of the same and all the estate right title and interest of the said Sir A. D. of in and to the same and all Writings only concerning the same or only any part of the same unto the said Sir T.R. his heirs and assigns To the only c. And the said Sir A. D. for himself his c. doth Covenant c. That for and notwithstanding any act or thing by the said Sir A. D. or by Sir T.D. Knight deceased late Father of the said Sir A.D. done or suffered to the contrary he the said Sir A.D. now at the time of the ensealing and delivery of these presents is the true rightful and lawful Owner of the said M. of C. and of all and singular the afore-bargained premisses with the appurtenances and of the same and of every part of the same is lawfully seized in his Demeasne as of Fee-simple without any manner of Reversion or Remainder thereof or of any part thereof in his Kings Majesty that now is his Heirs or Successors or in any other person or persons whatsoever And also that he the said Sir T.R. his heirs and assigns for and notwithstanding any act or thing by the said Sir A.D. or by Sir T.D. Knight deceased as aforesaid done or suffered to the contrary shall and may from henceforth for ever hereafter lawfully quietly and peaceably have hold occupy possesse and enjoy the said M. of C. and all and singular the afore-bargained premisses with their appurtenances clearly acquitted exonerated and discharged of and from all and all manner of former and other Bargains Sales Gifts Grants Mortgages Leases Feoffments Joyntures Dowers Statutes Recognizances Rents Judgments Condemnations Executions Liveries Ousterlemains Issues Amerciaments Respites of Homage and of and from all other titles troubles charges estates and incumbrances whatsoever heretofore had made committed caused or done or hereafter to be had made committed caused or done by the said Sir A. D. and the said Sir T. D. or by either of them or by any other person or persons whatsoever lawfully having or claiming to have any estate right title and interest by from or under the said Sir T.D. and Sir A. D. or either of them or the heirs or assigns o● them or either of them The Joynture for the life of Dame M. D. now wife of the said Sir A. and one Lease for about six years to come heretofore made to J. B. at the yearly Rent of 30 l. per annum And one other Lease made to O. F. for about one year yet to come at the Rent of 100 l. per annum And one other Lease c. only excepted And further That he the said A D. his heirs and assigns and all and every other person and persons lawfully having or claiming to have by from or under them or any of them any estate right title or interest whatsoever of in or to the said Mannor of C. and other the afore by these presents bargained premisses or of in or to any part or parcel of the same shall and will at all times hereafter at or upon the reasonable request and at the only and proper costs and charges of the said Sir T.R. his heirs and assigns a Covenant pro future Ass so that the said assurance or assurances contain no further
the tenure of _____ A. under the yearly Rent of Four shillings and of all that other Messuage or Cottage now in the occupation of R. W. under the yearly Rent of Four shillings and of and in all and singular the Reversions and Reversion Remainders and Remainder Rent and Rents of in to or out of all the Lands Tenements Messuages and Hereditaments aforesaid or any of them and of and in any other his profits commodities and advantages whatsoever to the said Lands Tenements and Hereditaments or any of them belonging or in any wise appertaining or had used or occupied in or upon the same to the only proper use and behoof of the said J. F. for and during his natural life without Impeachment of any manner of wast and from and after his decease to the only use and behoof of the said A. during her natural life and from and after her decease to the only proper use and behoof of the said J. Son of the said J. F. the Father for and during his natural life and after his decease to the use and behoof of the said J. F. and the heirs of the body of the said A. by the said J. F. lawfully begotten or to be begotten and for default of such Issue to the use of the right heirs of the said J. F. the Father for ever and it is covenanted granted and fully agreed by these presents by and between the said parties to these presents and every of them their and every of their heirs and assigns That all and every grant Feoffment Fine Recovery and other conveyance assurance assurances and conveyances whatsoever to be had made or executed by the said J. F. his heirs and assigns or any of them within the space of five years next ensuing of or concerning the said Lands Tenements and other the premisses aforesaid or of or concerning any part or parcel thereof at all times hereafter shall be adjudged deemed and taken to be onely to the intents uses and purposes in these presents mentioned and expressed and to no other uses intents or purposes Provided alwayes and it is agreed between the said parties to these presents That it shall and may be lawful to and for the said N. G. J. S. and W. B. or the Survivors of them whereof the said J. F. to be one at all and every time and times and from time to time during the life of the said J. F. at the will and pleasure of such of them four three or two of them which then shall be living whereof the said J. F. to be one by their Deed or Writing indented of all them which then shall be living be it four three or two of them so that the said J. F. be one of them or such of them as shall be parties to the same sealed and subscribed to alter determine diminish change or enlarge any or all the aforesaid use and uses before declared of the premisses or any part thereof the use and estate before limited declared or appointed to the said A. wife of the said J. F. for the term of her life only excepted and by the same or any other such writing indented sealed and subscribed as is aforesaid to limit and appoint give or grant the use or uses of the premisses or any part thereof to the said persons or any of them or to any other person or persons in Fee-simple fee-tail for life lives or years or otherwise and that after such alteration determination enlarging limitation or appointing of any the use or uses aforesaid or of any parcel thereof the use only of such and so much of the premisses whereof any such alteration determination or enlarging of any use or uses aforesaid shall be as is aforesaid had or made shall be and shall be deemed and adjudged to be to such and those person and persons and to such and those use and uses and in such and the same manner and form as by such Writing subscribed and sealed as is aforesaid shall be declared only and to any other or others person and persons use or uses or in any other manner or form any thing in these presents contained to the contrary notwithstanding alwayes saving and preserving the said use and estate before limited and declared to the said A. for the term of her natural life as is aforesaid c. An Assignment of a Bond by way of a Collateral Security KNow all men by these presents That whereas T. M. of the Parish of clendon in the County of Wilts Gent. and W.M. of the Parish of Cheredon in the said C. of Wilts gent. by their Obligation dated the c. stand joyntly and severally bounden unto me H. T. Citizen and Salter of London in the penal Sum of one hundred pounds of good and lawful money of England with condition thereupon endorsed for payment of Fifty and two pounds of like good and lawful money on the c. next ensuing the date of the said Obligation as by the same it doth and may appear Now I the said H. T. for the better security of the like debt for which I have given bond and for other good causes and considerations me hereunto moving do by these presents make constitute ordain and in my stead and place put and authorize D. M. of the Inner-Temple London Gent. my true and lawful Deputy and Attorney irrevocable for me and in my name but to the sole use and behoof of my said Attorney his Executors Administrators and Assigns to ask demand receive and take of them the said T. M. and W. M. or either of them their or either of their Executors Administrators or Assigns the said Sum of Fifty and two pounds and for non-payment thereof giving and by these presents granting unto the said D. M. by the tenor hereof my full whole and absolute power and authority in the execution of the premisses the said T. M. and W. M. or either of them their or either of their Heirs Executors or Administrators in my name or the name of my Executors or Administrators to arrest sue implead imprison and condemn and prosecute in any Court or Courts whatsoever and them or any or either of them out of Prison to release as precisely as the Law will it permit for recovery of the said debt and penalty And upon recovery and receipt thereof to deliver up the said Obligation to be cancelled and finally to do all and every other lawful act whatsoever for recovery o● the said debt and penalty or any part thereof without yielding any accompt thereof or therefore as to my said Attorney shall seem meet and expedient as fully and effectually as I my self might or could do or cause to be done in or about the premisses And moreover I the said H. T. do by these presents covenant and promise to and with the said D. M. his Executors and Administrators that at the day of the date of these presents I have not done or 〈◊〉 or suffered to be
done any act or thing whatsoever whereby the said recited Obligation is any manner of wayes released or discharged and that neither my self my Executors or Administrators shall or will at any time hereafter release or discharge the same or cause or suffer the same to be released or discharged without the privity and consent of him the said D. M. his Executors or Administrators in that behalf first had and obtained Provided nevertheless That if T. W. of c. in the C. of c. Yeoman his Executors Administrators or Assigns shall and do well and truly satisfie pay and discharge one Obligation of one hundred pounds bearing date the c. of c. last past wherein and whereby the said T. W. standeth bounden unto A. W. of c. aforesaid Spinster with condition for payment of Fifty one pounds and ten shillings of lawful money of England on the first day of c. next ensuing that then these presents to be revocable and shall be utterly void and of none effect any thing herein contained to the contrary in any wise notwithstanding In witness whereof I the above named H. T. have hereunto set my hand and seal the c. in the c. A grant of the moiety of an Annuity during life THis Indenture made the c. in the year of our Lord God 1652. between A. B. of the Parish of c. in the County of K. Esq the eldest Son of K. B Widow the late wife of Sir R. B. Knight deceased and S. the wife or the said A. of the one part and Sir G. H. of C. in the said C. Knight of the other part witnesseth That the said A. B. and S. his wife for and in consideration of the Sum of 300 l. of lawful English money to them in hand paid by the said Sir G H. at and before the ensealing and delivery of these presents the receipt whereof and themselves therewith fully satisfied and paid they the said A. B. and S. his wife do hereby acknowledge and thereof do release acquit and for ever discharge the said Sir G. H his Heirs Executors and Administrators by these presents have granted bargained sold aliened released and confirmed and by these presents doth fully and absolutely grant bargain sell alien release and confirm unto the said Sir G. H. one annuity and annual Rent of 50 l. by the year being the moiety or half part of one entire annuity or annual Rent of 100 l. by the year arising due or payable to the said A. B. out of the Rectory or Parsonage impropriate of E. in the said C. of K. with the appurtenances or out of any part or parcel thereof or out of all or any of the Messuages Houses Barns Stables Buildings Yards Courts and Gleab-lands Tithes Oblations Obventions Emoluments Rents Corn-rents reserved or other Rents Fruits Commodities Profits or Advantages whatsoever to the said Parsonage and Rectory belonging To have and to hold the said Annuity or annual Rent of 50 l. herein before mentioned to be bargained and sold unto the said Sir G.H. and his assigns from the c. of c. last past before the date of these presents for and during the natural life of the said Sir G.H. or for the term of Fourscore years if he the said Sir G.H. shall happen so long to live in as large ample and beneficial manner to all intents and purposes as he the said A. B. and S. his wife or either of them now hath ever had or could or might or can or may in any wise grant bargain sell or release the same and to the only use and behoof of the said Sir G.H. and his assigns and to no other use or purpose And the said A. B. and S. his wife the said annual Rent of 50 l. herein before mentioned to be bargained and sold by the year against themselves and all other persons lawfully claiming or to claim the same or any part thereof by from or under them or either of them unto the said Sir G.H. and his assigns shall and will warrant and defend by these presents And the said A. B. and S. his wife do for their said lives and either of them their and either of their Heirs Executors and Administrators and every of them covenant promise and grant to and with the said Sir G. H. his Heirs Executors and Assigns and every of them by these presents in manner following that is to say that they the said A. and S. or one of them for and notwithstanding any act or thing by them or either of them heretofore done or suffered to the contrary have or hath in themselves or any of them at the time of the ensealing of these presents good right and lawful authority to grant bargain sell and release unto the said Sir G. H. and his assigns the said annual Rent of 50 l. by the year in such manner and form as is herein before mentioned and expressed And further That the said Sir G.H. and his assigns shall or lawfully may during the natural life of the said Sir G. H. or the term of c. if the said Sir G. H. shall so long live peaceably and quietly have hold enjoy and receive attain and keep the said annual Rent or Sum of 50 l. by the year before granted without the lawful let sute trouble denial or disturbance of or by the said A. B. and S. his wife or either of them or any other person or persons lawfully claiming by from or under them or either of them their or either of their estate right or title And further That the said bargained premisses were are and be and so shall remain and continue to the said Sir G. H. and his assigns during the natural life of the said Sir G. H. or the term of Fourscore years if the said Sir G.H. shall so long live free and clear and freely and clearly acquitted and discharged or else by the said A.B. and S. his wife or one of them their or one of their Heirs Executors or Administrators sufficiently saved harmlesse and indemnified of and from all manner and other gifts grants bargains sales estates leases joyntures dowers statutes judgments recognizances titles troubles and incumbrances whatsoever at any time heretofore had made committed or suffered or hereafter to be had made committed or suffered by them the said A. B. and S. his wife or either of them And the said A.B. and S. his wife do for themselves their Heirs Executors and Administrators and every of them covenant and promise to and with the said Sir G. H. his Executors Administrators and Assigns and every of them by these presents That they the said A. B. and S. his wife and all and every other person and persons now having or lawfully claiming or which shall or may hereafter have or claim any lawful estate right or title in or unto the said bargained premisses or any part thereof by from or under them the said A. and S.
is covenanted and agreed should and would convey and assure or cause to be conveyed and assured unto the Right Honourable H. Earl of D. since deceased and to the said R. H. T. T. J. B. and H. H. and their heirs and to the Survivor of them and his heirs all and singular the Mannors of S. B. and S. in the said County of L. and also all and singular Suits Seigniories Services Franchises Priviledges Court-Leets Perquisites of Courts and Leets View of Frank-pledge and all appurtenances Emoluments and Hereditaments whatsoever unto the said Mannors and Lordships or unto any of them belonging and appertaining and also all and singular his Mannors Messuages Lands Tenements and Hereditaments whatsoever within the several Towns Townships Fields Hamlets Precincts and Territories of S. H. A. and O. and elsewhere in the County of L. to the several uses intents and purposes in the said recited Indenture mentioned expressed and declared and to no other use intent or purpose in any wise The particulars of which said Uses do more plainly appear in and by the said recited Indenture relation being thereunto had In which said recited Indenture of the 35 year of her Highness Reign there is nevertheless contained one Proviso or Clause to the tenor or effect hereafter following that is to say Provided nevertheless c. here recite the Proviso of Revocation verbatim Now therefore it is agreed by and between the parties to these presents and the said E. S. according to the tenor power or liberty of the said Proviso being fully minded and determined to alter the Estate and Estates limited in use in or by the said mentioned Indenture of the 35 year of her Highness Reign unto T. S. of B. and the Heirs males of his body and also the Estate and Estates limited in use in or by the said recired Indentures unto J.S. for term of his life without impeachment of wast and after his decease then to E. S. son of the said J. and the heirs males of his body lawfully begotten doth by these presents and by force and according to the said Proviso or the power or liberty thereof revoke repeal and derermine all and every the said estate and estates in any wise limited in use in or by the said recited Indentures unto the said T. S. of B. and the Heirs males of his body lwfully begotten and also all and every the estate and estates in or by the said Indentures limited in use unto the said J.S. for term of his life and all and every the estate or estates in or by the said Indentures limited in use unto the said E. S. son of the said J. and the heirs males of his body lawfully begotten of in for or concerning all and every the Mannors Lands Tenements and Hereditaments with their and every of their appurtenances in any wise comprised or specified in or by the said Indentures And likewise the said E.S. doth hereby limit publish and declare according to the tenor of the said recited Proviso that all and every the Estates in any wise manner or form limited in use in or by the said recited Indenture unto the said T. S. and the Heirs males of his body lawfully begotten as also all and every the estate and estates in any manner or form limited in use in or by the said Indenture unto the said J. S. for term of his life without impeachment of wast and all and every the estate and estates in any wise manner or form limited in use in or by the said Indenture unto the said E. S. son of the said J. and the Heirs males of his body lawfully begotten shall from thenceforth of in for and concerning all and every the Mannor Lands Tenements and Hereditaments with their appurtenances in any wise comprised in the said recited Indenture shall cease determine be frustrate void and of no farther effect or continuance in Law any the limitations of use or uses in the said mentioned Indenture or any other matter or thing whatsoever to the contrary hereof in any wise notwithstanding And that all and singular the said Mannors Lands Tenements and Hereditaments aforesaid with their and every of their appurtenances and the only use thereof shall from henceforth remain continue and be unto the said E.S. party to these presents and his Heirs for ever and not in any sort manner or form unto the said T. S. and the heirs males of his body nor to the said J.S. for term of his life nor to the said E.S. Son of the said J. and the Heirs males of his body lawfully begotten nor to their or any of their Assign or Assigns In witness whereof c. A Declaration of Uses upon the Revocation above-written TO all to whom these presents shall come E.S. of S. in the County of L. Esq sendeth greeting Know ye That I the said E. S. having before the making hereof revoked reduced and revested the Estate of Inheritance of all and singular my Mannors Messuages Lands Tenements and Hereditaments whatsoever with the appurtenances scituate c. in and to me the said E.S. and my heirs for divers causes and considerations me thereunto moving Have Given Granted and Confirmed and by these presents do Give Grant and Confirm unto A. B. of c. and R.L. of c. all and singular my Mannors Messuages Lands Tenements and Hereditaments whatsoever with their appurtenances To have and to hold the said Mannors c. unto the said A. B. and R. L. their heirs and assigns to the several uses behoofs intents and purposes hereafter in these presents specified and to no other use intent or purpose whatsoever that is to say to the onely sole and proper use of me the said E.S. and my heirs and assigns for ever In witnesse c. We will now Illustrate the matter with some few Cases And first 1. In Trin. 25 H. 8. Barloe and those who were seised in Fee of the Land gave it to Jo Aprice and Joan his wife and the heirs of their two bodies engendered and after Jo. Aprice did discontinue the tayl to the use of Richard his Son and Anne his Wife and to the heirs of the body of the said Richard and after the said John dyed and Joan survived him And after Richard enfeoffed one Thomas a Bastard son in Fee After Anne dyes and one Robert Pattershall and others recover the same Lands against the said Thomas in a Writ of Entry in le Post wherein Thomas vouched the said Richard which voucheth over the common Vouchee and thereupon Judgment and Execution was had After this Joan dyed after whose death Richard dyed without lawfull Issue of his Body and after one Thomas Aprice younger Brother to the said Richard and Son of the said John and Joan brought a Formedon in Descender against Thomas the Bastard son and recovered the Land for that Joane was living at the time of the Recovery had and therefore the first entail was not bound and by the death