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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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Administrators and for every of them doth covenant promise and grant to and with the said J. C. his Executors Administrators and Assigns and to and with every of them by these presents that he the said J. C. his Executors Administrators and Assigns shall and may from henceforth for ever peaceably and quietly have hold and enjoy the said stock of Goods and Money and the same and every part thereof to dispose and convert to his and their own proper use and behoof without the let suit trouble claim and disturbance of him the said J. G. his Executors Administrators or Assigns or any of them or of any other person or persons whatsoever claiming by from or under him them or any of them or by or under or by reason of his their or any of their act or acts right title interests means or procurement c. In witness c. An Assignment of a Lease of a Messuage divers plats of Ground with Buttals and Boundals several Covenants c. with an Exception THis Indenture made the c. day of c. Anno Domini 1632. and the Eighth year of the Reign of our Soveraign Lord King Charles c. Between S. A. of c. Gentleman of the one part and F. L. of c. Esquire of the other part Whereas Sir John T. late of c. Knight and Baronet deceased and the late right honourable N. Lord Tuston and Earl of Thanet by the name of Sir T. N. Knight Son and Heir apparent of the said Sir John T. now also deceased by their Indenture bearing date the thirtieth day of May in the fifteenth year of the Reign of our said Soveraign Lord King Charles over England c. for the consideration therein expressed did demise grant and to farm-let unto E. W. of c. his Executors and Assigns all that the Messuage or Tenement shed and plat of Ground scituate lying and being in Chick-Lane c. containing by estimation one hundred foot in length from the North to the South and in breadth forty one Foot from the East to the West the Messuage or Tenement then in the Tenure of J. W. lying on the East side thereof and the said Chick-Lane on the North-side thereof and the Messuage or Tenement then in the Tenure of one R. S. on the West and South-sides thereof And also their part of one Messuage or Tenement or shed and parcel of Ground lying and being in Chick-lane aforesaid containing by estimation Fourscore and twelve Foot in length and in breadth Eighteen Foot The Messuage or Tenement then in the Tenure or Occupation of one A. B. on the West-side thereof the said Chick-lane on the North-side thereof and the Messuage or Tenement then in the Tenure or Occupation of one H. S. on the South-side thereof and then or late before in the Tenure or Occupation of the said A. B. his Assignee or Assignees and all and singular the Messuages Tenements Houses Edifices Buildings Rooms Shops Cellars Sollers and void Ground unto the said Messuages or Tenements shed and plats of Ground before mentioned to be demised belonging or in any wise appertaining To have and to hold to the said Edmund Wright his executors administrators and assigns from the Feast of the Annunciation of the blessed Lady Saint Mary the Virgin last past before the date hereof unto the full end and term of Thirty one years from thence next ensuing and fully to be compleat and ended Yielding and paying therefore yearly during the said term unto the said Sir J. T. yearly during his life and after his decease to the said Right Honourable N. Lord T. and Earl of Thanet his heirs and assigns the full sum of Eight pounds of lawful money of England at two of the most usual Feasts or Terms in the year That is to say at the Feasts of St. Michael the Arch-angel and the Annunciation of the blessed Lady the Virgin Mary by equal portions as by the same Indenture more plainly may appear And whereas by certain other Indentures bearing date the said Thirtieth day of May made between the said Sir John T. and the said N. Lord T. and Earl of Thanet by the name of Sir N. T. Knight on the one part and the said E. W. on the other part It is covenanted conditioned and agreed by and between all the said Parties And the said E. W. for himself his executors administrators and assigns did covenant promise and grant to and with the said Sir J. T. and the said N. Lord T. and Earl of T. their heirs and assigns by the said last mentioned Indenture That the said E. W. his Executors Administrators and Assigns should well and truly yearly during the said Term of one and twenty years pay or cause to be paid to the said Sir I. T. during his natural life and after his decease to the said N. Lord T. and Earl of T. his Heirs and Assigns the full sum of twenty three pounds of lawful Money c. for and in the name of a Fine or Income for the said Lease at the two Feasts aforesaid by equal portions And whereas also the said Sir J. T. and the said N. Lord T. and Earl of T. by the name of N. T. Knight have by their Indenture bearing date the said c. day of May for the consideration therein mentioned demised granted and to farm-let unto I. VV. of c. all that their Messuage or Tenement scituate lying and being in Chick-lane aforesaid late in the tenure or occupation of one Agnes VV. and her Assignee or Assignees containing by estimation from the East to the VVest thirty foot in breadth and in length from the North to the South threescore Foot the Tenement then in the occupation of the said I. VV. lying on the East-side thereof the Tenement then of Ralph F. Gentleman on the VVest-side thereof the Tenements then in the tenure or occupation of the said Ralph E. on the South-side thereof and also all the tenement shed or piece of Ground lying and being in Chick-lane aforesaid containing by estimation one hundred and twenty Foot of assize in length and twenty eight Foot in breadth then or late before in the tenure or occupation of the said I. VV. or his Assignee or Assignees the Tenement then in the tenure or occupation of one I. C. lying on the East-side thereof and the tenement then in the tenure of one I. VV. on the VVest-side thereof and the Tenement belonging to St. Martins Orgars on the South-side thereof and also one other little piece or parcel of Ground situate lying and being near Chick-lane aforesaid c. containing by estimation in length nineteen Foot from the East to the VVest and in breadth from the North to the South sixteen Foot late in the tenure or occupation of R. B. or of his Assignee or Assignees the Tenement then in the occupation of the said I. VV. on the East-side thereof and the tenement then in the tenure of the said
name of T. B. of c. given and bequeathed of which said sum of c. by me received as aforesaid I acknowledge my self fully satisfied and paid and thereof and of every part and parcel thereof do clearly acquit exonerate and discharge the said T. W. her Executors and Administrators and every of them by these presents In witness whereof I have hereunto set my Hand and Seal c. A Release of Lands TO all Christian people c. Know ye That A. B. of c. for divers good Causes and Considerations him moving hath remised released and for ever quit-claimed and by these presents for himself and his Heirs doth fully clearly and absolutely remise release and for ever quit-claim unto C. D. of c. in his full and peaceably possession and seizin and to his Heirs and Assigns for ever all such Right Estate Title Interest and Demand whatsoever as he the said A. B. had or ought to have of in or to all c. that the Mannor of c. and c. by any wayes or means whatsoever To have and to hold all the said Mannor c. unto the said C. D. his Heirs and Assigns to the onely use and behoof of the said C. D. his Heirs and Assigns for ever so that neither he the said A. B. nor his Heirs nor any other person or persons for him or them or in his or their names or in the name right or stead of any of them shall or will by any way or means hereafter have claim challenge or demand any Estate Right Title or Interest of in or to the premises or any part or parcel thereof But from all and every Action Right Estate Title Interest and Demand of in or to the premises or any part or parcel thereof they and every of them shall be utterly excluded and barred for ever by these presents And also the said A. and his Heirs the said Mannor Messuages Lands Tenements and other the premises with the appurtenances to the said C. D. his Heirs and Assigns to his and their own proper use and uses in manner and form afore-specified against their Heirs and Assigns and every of them shall warrant and for ever defend by these presents In witness c. A Release of Lands with a Covenant to lead to the use of a Fine TO all Christian people c. I E. F. of c. send greeting Know ye That I the said E. F. for good and valuable Considerations me moving have given granted remised released and quit-claimed and by these presents do for me and my Heirs grant remise release and for ever quit-claim unto T. M. of c. in his full peaceable and quiet possession and seisin being and to his Heirs and Assigns for ever all the Estate Right Title Interest Use Claim and Demand whatsoever which I the said E. F. now have or had or which my Heirs Executors or Administrators at any time hereafter shall or may have or claim of in or to all the Messuage Tenement or Farm called c. in the said County of c. or of and into all and every or any part or parcel thereof by force and vertue of any Fine or other assurance thereof or any part thereof acknowledged or made by the said T. M. and G. his wife to me the said E. F. And I the said E. F. do covenant and grant for me my Heirs Executors and Administrators to and with the said T. M. his Heirs Executors and Assigns that all Fines and other assurances whatsoever heretofore acknowledged or levied of the premises or any part thereof by the said T. M. and G. his wife to me the said E. F. shall be for ever hereafter and shall inure to the use of the said T. M. and of the Heirs and Assigns of the said T. M. for ever and I the said E. F. and my Heirs and all and singular the premises unto the said T. M. and his Heirs to the use aforesaid against me and my Heirs c. shall and will warrant and defend for ever by these presents In witness whereof c. A Revocation of uses BE it known c. That J. T. of c. do by this my present writing sealed with my Seal and subscribed with my name in the presence of H. S. T. O. C. B. three credible witnesses whose Names are subscribed revoke determine and make void and frustrate all and every the Uses and Estates mentioned raised created limited and made in and by one Indenture of Lease bearing date the c. in the year of the Reign of c. made between me the said T. C. of the one party and J. B. of c. of the other party of and for the house and site and all other the Lands Tenements and Hereditaments with their appurtenances in the said Indenture mentioned and of and for every part and parcel thereof And I do by these presents absolutely limit determine and appoint that all and singular the Feoffees Parties and Persons in the said Indenture mentioned and their Heirs and Assigns shall immediately and from henceforth stand and be seised of the Site House Messuages Lands Tenements and Hereditaments in the said Indenture mentioned and of and in every part and parcel thereof to the onely use and behoof of me the said T. C. my Heirs and Assigns for ever in a pure and absolute estate in Fee-simple and to none other use intent or purpose In witness whereof I the said T. C. have to this my present writing put my Hand and Seal and subscribed my Name in the presence of the said H. S. T. O. C. B. three credible witnesses whose names are likewise subscribed the c. in the year of the Reign c. A Defeazance upon a Statute THis Indenture made the c. between J. J. of c. of the one part and W. G. of c. of the other part Witnesseth That whereas the said W. G. by his Recognizance in the nature of a Statute-Staple bearing date with these presents taken and acknowledged before Sir J. L. Knight and Baronet Lord Chief Justice of His Majesties Court of Kings Bench Westminster is and standeth bound unto the said J. J. in the sum of c. payable as in the said recited Recognizance or Statute-Staple may appear Nevertheless the said J. L. is contented and pleased and doth for himself his Executors or Administrators covenant promise and agree to and with the said W. G. his Heirs Executors and Administrators by these presents that if the said W. G. his Heirs Executors Administrators or Assigns or any of them do well and truly content and pay or cause to be paid unto the said J J. his Executors Administrators or Assigns the full sum of c. on the c. next ensuing the date of these presents at or in the c. That then the said recited Recognizance or Statute-Staple of c. shall be utterly void and of none effect or else shall
which was to be paid every half year unto the said B. for and during her natural life in case the said F.L. lived who is Survivor and after her decease the said Fourscore pounds per annum to be paid to the said Defendant F.L. for and during his natural life and to such women as he should take to wife in case the said F. married and died before such a wife for and during her natural life for and in lieu of her Joynture with divers other covenants and conditions contained in an Indenture made the c. between the said B.L. F.L. on the one part and the said W.C. on the other part to which this Defendant in all things referreth himself as therein more at large the same doth and may appear And amongst the rest it is covenanted and agreed between the parties to the said Indenture that after the death of the said F. and of his said wife if he did marry then the said One thousand pounds to remain to the issue of their two bodies lawfully begotten and if they have no issue then living then the said One thousand pounds is to go according to the true intent and meaning of the said last recited Indenture and if the other Defendant R.L. this Defendants second Brother should happen to die surviving the said F. then the One thousand pounds is to remain in the hands of the said F for ever and for the better securing of the payment of the said Fourscore pounds per annum and of the said One thousand pounds the said W.C. in and by the said last recited Indenture did grant bargain sell enfeoff and confirm unto the said B. this Defendants mother and to the said F.L. his heirs and assigns for ever all that piece or parcel of pasture-ground lying in C. aforesaid commonly called or known by the name of c. then in the tenure or occupation of this Defendant to which said Indenture this Defendant referreth himself as will more at large appear And this Defendant saith that the said W.C. well knowing that he was thereunto bound by this agreement during his life-time did justly and truly pay the said Fourscore pounds per annum unto the said B. this Defendants mother by half-yearly payments during her life-time who dyed about c. since c. and by and after the decease of the said F. L. this Defendants brother by the advice and counsel of the Complainant himself by this Deed of Assignment with a Letter of Attorney bearing date the c. did for and in consideration of the sum of Eight hundred and threescore pounds part of the said purchase money which the said F.L. did agree to pay unto this Defendant in respect this Defendant joyned in the sale of the said Mannor Lands and Premisses and did enter into a Bond of Fourscore pounds for payment thereof and of other monies to this Defendants brother accordingly did grant and assign unto this Defendant and his heirs and assigns the said Fourscore pounds per annum during the life of this Defendants said brother F. as in and by the said Deed of Assignment relation being thereunto had at large the same doth and may appear And this Defendant saith that after the said Assignment so made unto this Defendant the said W.C. did by himself and his servant and other on this behalf durinig all his life-time pay the said Fourscore pounds per annum to this Defendant and this Defendant is perswaded had not the said W. C. well known that the said Fourscore pounds per annum was due to have been paid by him that he would not have paid the same to this Defendant And this Defendant saith that after the death of the said W. C. I.C. his son and heir or some other on this behalf did pay the same unto this Defendant and this Defendant believeth the Complainant hath some conveyance of the said premisses from the said I.C. but for what consideration this Defendant knoweth not and saith that the Complainant himself sithence the said purchase hath paid the same Defendant and therefore this Defendant conceiveth that he is unjustly troubled touching the premisses And this Defendant saith that therefore under favour this Defendant conceiveth that the said Fourscore pounds per annum and also the said one thousand pounds secured by part of the premisses bargained and sold as aforesaid it being so long before the Statute made for reducing interest money from Eight to six in the hundred and the same Fourscore pounds per annum being as this Defendant conceives due as parcel of the Contract for the said Lands assigned over to this Defendant for great and valuable considerations the same shall not now be insringed broken or repealed for the causes in the Bill mentioned or for any causes whatsoever the rather for that this Defendant and his brother upon the confiderations and conditions aforesaid did bargain and sell the said Mannors Lands and premises at an undervalue without that that any other matter or thing in the said Bill of Complaint contained material or effectual in the Law for this Defendant to make answer unto and not herein before sufficiently answered unto confessed and avoyded traversed or denied is true in such manner and form as in the said Bill is alledged and this Defendant praveth to be dismissed out of this Honourable Court with his reasonable costs and charge in this behalf most wrongfully sustained The beginning and conclusion of a Bill in Chancery To the Right Honourable Sir O.B. Knight and Baronet Lord Keeper of the great Seal of England SHeweth unto your Lordship your Orator E.L. of the City N. in the County of W. Gentleman and M. his Wife whereas c. The conclusion May it therefore please your Lordship to grant to your said Orator his Majesties most gracious Writ of Subpoena to be directed unto the said W.C. thereby commanding him or them and every of them at a certain day and under a certain pain therein to be limited personally to appear before your Lordship in this High and Honourable Court of Chancery to answer the premisses and further to stand unto and abide such order direction and award concerning the same as unto your Lordship shall seem meet and your Orator shall daily pray for the long continuance of your Lordships prosperous estate A Lease of a Mill. THis Indenture made c. between Sir T C. of c. Knight and L. his wife of the one part and T.A. of c. of the other part witnesseth That the said Sir T.C. and L. for and in consideration of the rent and covenants hereafter in these presents expressed and also for divers other reasonable considerations them thereunto moving have demised granted and to farm-letten and by these presents do for them their c. demise grant and to farm let unto the said T.A. all that their Grist Water-Mill and Mills being two Grist Mills under one Roof commonly called or known by the name of S.
there to be had otherwise the said Timber to be found and reparations done as aforesaid at the proper Provisions Costs and Charges of the said T. VV. party to these presents his Executors and Assigns and that neither the said T. VV. his Executors or Assigns or his or their Under-Tenants shall commit any waste or strip any Trees Hedges Quick-sets Mounds or Fences upon the premises And the said I. B. for himself c. doth Covenant and Grant to and with the said T. VV. c. That the said two Messuages or Tenements Three-yard Land That the Premises are discharged of Incumbrances and all other the afore demised Premises with the Appurtenances and every part and parcel thereof now are and be and so from henceforth during the continuance of this present Lease shall be and continue clearly acquitted exonerated and discharged of and from all and all manner of former Bargains Sales Gifts Grants Joyntures Leases Annuities Rents Arrerages of Rents Statutes-Merchant and of the Staple Recognizances Judgments Executions Wills Intails Legacies Titles Troubles and Incumbrances whatsoever had made committed suffered or done or to be had made c. by the said I. B. or by the said G. B. deceased his Father I. B. his Grandfather and R. B. his Uncle or by any of them or by any of their Heirs c. or by any other person or persons or by or through their or any of their means act title consent or procurement one Lease heretofore made by the said G. B. of one Messuage or Tenement and other thing parcel of the premises before by these presents demised unto the said A. P. for and during the natural life of the said A. whereupon the yearly Rent of c. is reserved and shall be from henceforth during the continuance of the same Lease due and payable unto the said T. W. party to these presents his Executors Administrators and Assigns onely excepted and foreprized And further the said I. B. for himself his Heirs Executors and Administrators doth covenant c. That if at any time hereafter during the space of Ten years next ensuing the date of these presents To exchange a lease within Ten years the said T. W. or his Assigns shall be minded to exchange and put in one other life in the stead and place of any of them the said T. W. the Son of G. and A. W. the party put out being then living That then within three weeks next after request in that behalf made and payment of c. to the said I. B. in the consideration thereof he the said I B. his Heirs or Assigns shall and will at the costs and charges of the said T. W. party to these presents his Executors or Assigns make seal and deliver in due form of Law unto the said T. W. party to these presents his Executors and Assigns one other good and sufficient Lease for the residue of the said term which shall be then to come if any two of the persons before named and such other person as shall be then nominated and put in shall so long live and under the like Rents Covenants and Conditions as in these presents is expressed Mutatis Mutandis And further that the said T. W. party to these presents his Executors Administrators and Assigns and every of them under the Rents and Covenants herein before mentioned shall and may peaceably and quietly have hold possess and enjoy the said two Messuages or Tenements Three yard-land and all other the before demised premises with the appurtenances and every part thereof during the whole Term hereby granted if the said T. W. the Son of G. W. and A. W. or such other persons as shall be hereafter named with two of them in the stead and place of any of them so dying or exchanging shall so long live without the lawful let trouble eviction or contradiction of the said I. B. his Heirs or Assigns or of the Heirs Executors or Assigns of the said G. B. deceased or of any other person or persons whatsoever except only the said A. B. for her Lease before-mentioned And the said C. D. and I. D. for themselves and either of them severally and respectively and not the one for the other nor the others act and for their several Executors Administrators and Assigns do covenant promise and grant to and with the said T. W. party to these presents his c. That he the said T. W. his Executors Administrators and Assigns and every of them shall and may according to the tenour and true meaning of these presents peaceably and quietly have hold and enjoy all the said demised premises with the appurtenances and every part thereof free and clear and freely and clearly acquitted and discharged of and from all and all manner of former Bargains Sales Gifts Grants Leases Joyntures Dowers Uses Wills Intails Statutes Recognizances Judgments Extents and Executions and of and from all other Estates Titles Troubles and Incumbrances whatsoever had made committed suffered or done by them the said C. D. and I. D. or either of them or by any other person or persons by their or either of their means act title or procurement And lastly the said I. B. for himself c. that he the said I. B. his Heirs and Assigns and every of them For further assurance shall and will at all times hereafter and from time to time upon request made at the cost and charges in the Law of the said T. W. party to these presents his Executors or Assigns or some of them make do and execute or cause to be made done and executed all and every such further and other reasonable act and acts thing and things whatsoever for the further and more better assurance surety sure-making and conveying of the said demised premises with the appurtenances and every part thereof unto the said T. W. party to these presents his Executors and Assigns during the time aforesaid and in such manner and farm and upon such Rents Covenants and Conditions as is before herein mentioned according to the effect and true meaning of these presents as by the said T. W. his Executors or Assigns or by his or their Council learned in the Law shall be reasonably devised or advised and required In witness c. A Grant of an Extent penned by Mr. Thomas Bromley then Solicitor THis Indenture made c. between B. D. of c. and VV. D. of c. on the one party and T. B. G. B. and T. O. of c. on the other party VVitnesseth That whereas the Right Honourable E. Lord S. by the name of E. S. Esq Recitall of the Recognizances by one Recognizance bearing date c. taken knowledged and sealed before Sir R. D. Knight Lord Chief Justice of England according to the form of the Statute for the Recovery of Debts in that case provided standeth bound to the said I. D. in the sum of c. Payable c. as by the
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
amends rendred 14. If a Tenant upon an arbitrement give a Release to the Landlord whether will that Release free any other that the Landlord hath caused to wrong the Tenant Ans For any thing that any other hath done joyntly with the Lord wherein the Tenant was indamaged this Release may be pleaded in Law but not in actions done by any other without the Lords joyning A Charter-party with extraordinary Covenants and Clauses therein contained THis Charter-party made and indented the Three and twentieth day of August in the year of our Lord God One thousand six hundred thirty and eight according to the new stile between H C. of Slego in the Kingdom of Ireland Merchant of the one part and R. T. of Newcastle upon Tine Master under God of the good Ship called the William of Newcastle burthen Fourscore Tuns or thereabouts of the other part witnesseth That the said Master hath letten to Freight the said Ship unto the said Merchant and to the said Merchant hath hired her for a Voyage by Gods grace to he made in manner and form following that is to say the said Master for him his Executors Administrators and Assigns doth covenant promise and grant unto and with the said Merchant to take receive and load in his said Ship the William all such goods and Merchandizes as the said Merchant shall please to put aboard her and the said Ship can conveniently carry over and above her Victual Tackle and Appurtenances and with the next good wind and weather which God shall send to depart hence and sail directly for the Island of Scotland called by the name of the Liewes to a Port lying there called L. of Holiard or to any other convenient Port or Harbour in the said Liewes where other Shipping goeth to take in Fish and the said Merchant shall appoint and there with all expedition to discharge all or any of the said goods and re-lade fish to the full and sufficient loading of the said Ship and being dispatched to depart thence and sail directly for the Downs or any other Place or Places Port or Ports where the Merchant or his Assigns shall please to order him there to discharge and deliver the said fish and other goods whatsoever loaden by the said Merchant or his Assigns in the said Ship and so to finish and end the said intended Voyage And the said Merchant for him his Executors Administrators and Assigns doth covenant promise and grant to and with the said Master not onely to go with him in Person for the said Liewes and there to load the Ship with Fish or any such other Goods as he shall please and thence to Sail with them for the Place or Port of their discharge but also then and there before Bulk-breaking to give sufficient security unto the said Master for the payment of his Freight and after safe delivery of his said Goods to pay for Freight 50 l. sterling per moneth for so long time as the said Ship hath been in Service of the said Merchant the dayes lesse than a moneth after the same rate the moneths pay to begin on Fryday next the Seven and twentieth day of this present moneth and to end when the last goods are delivered out of the said Ship at the place of her right discharge and the said Freight to be paid within dayes at the longest with Averige and Primage according to the Custom of the Sea And moreover The said Merchant doth promise to provide the said Master a sufficient Pilot to bring the said Ship in and out of the Liewes and to pay all other Pilotage Anchorage and other Duties which in any Port or Harbour during the said Voyage shall or may be claimed in respect of the said Ship and Goods and to provide the said Ship of sufficient Convoy if he the said Merchant or his Assigns do require that the said Ship shall make her Discharge in any unfree place Provided That the said Master in his going for the said Islands or Liewes is to put into Tinmouth-Haven there to victual and provide himself which time from his first coming in until his coming out again to Sea is not to be reckoned to the Merchants charge And the said Master doth promise and warrant his Ship to be strong and stanch and to Man and Victual her fitting to perform the said Voyage with all other necessary Appurtenances For the true performance of all which Premisses the said Parties do bind themselves unto each other in the penalty of 500 l. sterling to be paid by the party defective unto the party observant And it is agreed by and between the said Parties That the Monethly Freight above-mentioned shall run and continue until the same Freight be fully paid and that the said Master shall not abide or tarry in Tinmouth-Haven longer than six dayes if wind and weather serve Provided That the half-deck and fore-castle is to be for the Masters use and stowage In witness whereof the said Parties unto two Charter-parties of this tenor interchangeably have put their hands and seals Dated in c. the day and year above-written A Deed to revoke several uses in settlement according to a power therein reserved TO all Christian People to whom this present Writing shall come Sir R.C. of Slefford in the County of Lincoln Baronet sendeth greeting in our Lord God everlasting Whereas in and by one Indenture bearing date c. and made between Sir R. C. on the one part and I.S. Gentleman servant of the said Sir R. C. on the other part There is amongst other things one proviso contained in these or the like words in effect hereafter following that is to say Provided likewise that it is hereby further declared and agreed by and between the said parties to these presents and the true intent and meaning of them and of these presents is that if the said Sir R. C. shall at any time hereafter during his natural life be minded or purposed to alter determine revoke or make void all or any of the use or uses estate or estates trust or trusts herein before mentioned declared limited or appointed and shall by any Deed or Writing to be by him the said Sir R. C. sealed and subscribed in the presence of two or more credible witnesses declare and publish his mind intent and meaning to be to revoke alter or make void and frustrate the said several uses estate and trusts before in these presents mentioned declared limited or appointed or any of them of for or concerning the said Castle Mannors Messuages Lands and Premisses or any of them or any part or parcel of them or any of them that then from and after any such declaration or publication so to be made as aforesaid the same use and uses estate and estates trust and trusts in and by these presents limited expressed declared or appointed of for and concerning the which any such declaration or publication shall be made as aforesaid shall cease and
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.
Ralph F. on the VVest-side thereof the tenement then in the tenure of R. S. and E. W. on the North-side thereof and the tenement then in the tenure of the said R. F. on the South-side thereof and also all and singular Houses Edifices Buildings Stables and Back-sides Back-houses Shops Cellars Sollers c. unto the said Messuage and several plats of Ground before demised then belonging or appertaining or to or with the said demised premises then held used occupied or enjoyed as part parcel or member of them or either of them To have and to hold all and singular the said demised premises with the appurtenances to the said I. VV. his Executors Administrators and Assigns from the Feast of the Annunciation of our blessed Lady the Virgin Mary then last past before the date of the said last recived Indenture unto the full end and term of thirty and one years from thence next ensuing and fully to be complear and ended Yielding and paying therefore yearly during the said term unto the said Sir I. T. during his life and after his decease to the said Right Honourable N. Lord T. and Earl of T. and his Heirs and Assigns the full sum of Six pounds of lawful money of England at the two Feasts aforesaid by even and equal portions And whereas by certain other Indentures bearing date the said thirtieth day of May made between the said Sir I. T. and the said N. Lord T. Earl of T. of the one party and the said I. VV. of the other party It is convenanted concluded condescended and agreed by and between all the said Parties And the said I. VV. for himself his Executors Administrators and Assigns did covenant promise and grant to and with the said Sir I. T. and the said N. Lord T. Earl of T. their Heirs and Assigns That the said I. VV. his Executors Administrators and Assigns should well and truly yearly during the said term of thirty and one years pay or cause to be paid to the said Sir John T. during his natural life and after his decease to the said N. Lord T. Earl of T. his Heirs and Assigns the full sum of seventeen pounds of lawful money of England for and in the name of a Fine or Income for the said Leases at the two Feasts aforesaid by even and equal portions as by the same several Leases relation being unto them had more at large it doth and may appear which said several Leases Estates and Interests of the said E. VV. and I. VV. of in and to all and singular the aforesaid premises in and by the aforesaid several Indentures of Lease demised granted and contained as aforesaid were by mean Conveyances and sufficient Assurances in the Law conveyed to John Witherings Esquire and the said I. VV. by Deed indented under his Hand and Seal bearing date the c. of c. 5 Car. hath conveyed his Estate Interest and term of Years in the said premises unto the said S. for during and until all the residue of the time then to come and unexpired of the said several Indentures of Lease granted be fully compleat and ended as by the same Conveyances and Assurances relation being thereunto had it doth and may appear Now this Indenture witnesseth That the said S. H. for and in consideration of the sum of Three hundred and thirty pounds c. to him and his at and before the ensealing and delivery of these presents by the said F. H. well and truly paid whereof the said S. H. doth acknowledge the Receipt and thereof and of every part and parcel thereof doth hereby forever acquit and discharge the said F. H. his Executors and Assigns and every of them hath granted bargained sold assigned and set over and by these presents doth fully clearly and absolutely grant bargain fell assign and set over unto the said F. H. and M. his Wife all and singular the said premises above-mentioned to be by the aforesaid Indentures or any of them demised letten or granted or mentioned meant or intended to be in and by the same demised letten or granted with their and every of their appurtenances And all the Messuages Houses Edifices and Buildings now standing erected and built and all the said original Indentures of Demise and all mean Conveyances and Assignments thereof and of every part thereof and all the time and term of years yet to come and unexpired granted mentioned or intended to be granted in or by the said Indentures or any of them and all the Estate Interest Right Title term and terms of Years Claim and Demand whatsoever which he the said S. H. now hath yet to come and unexpired of and in the said demised Premises or any of them To have and to hold all and singular the said demised premises by these presents mentioned or intended to be granted assigned or conveyed and all the said original Indentures of demise and all mean conveyances and assignments thereof and all the term of years yet to come and unexpired of and in the said demised premises or any of them unto the said F. H. and M. his wife their Executors Administrators and Assigns immediately from and after the making hereof for and during all the residue of the said several terms of c. years therein yet to come and unexpired And the said S. H. for himself his Executors and Administrators and for every of them doth covenant promise and grant to and with the said F. H. his Executors Administrators and Assigns and to and with every of them by these presents That he the said S. H. hath not before the day of the date hereof made done or committed any act or acts thing or things Grant Lease Estate or Incumbrance whatsoever whereby or by reason whereof the said Leases Estates and Premises before herein assigned and set over or any part or parcel thereof are or shall be frustrated avoided disturbed or incumbred Except one Lease made by the said F.M. and S. H. unto R. H. of a Messuage or Tenement with the appurtenances parcel of the premises aforesaid now or late in the Occupation of J. S. by Indenture dated c. now last past for the term of sixteen years commencing from the Feast c. at the yearly Rent of a Pepper-Corn and except certain Leases in the said Deed from the said J. VV. mentioned to be excepted severally and respectively of several parts and parcels of the said premises before the said S. had any Estate in the premises or any part thereof by E. VV. to G. VV. H. VV. and T. K. c. Upon which Leases divers several Rents are respectively reserved amounting in the whole to the sum of Sixty one pounds yearly or thereabouts all which Rents shall or may be hereafter payable to the said F. H. and M. his wife their Executors and Assigns and except all other Leases and Estates mentioned and excepted in the said Deed from the said J. VV. c. In witness c.
same shall grow due and payable by the said Lease during the said term thereby granted To have and to hold the said moyety of all and singular the said Rooms Chambers Lodgings Rents and other the premises with the appurtenances before by these presents mentioned to be granted bargained sold assigned and set over and every part and parcel thereof with liberty power and authority to receive and take the said Rents as aforesaid unto the said A. G. his Executors Administrators and Assigns from the ensealing and delivery of these presents for and during all the rest and residue of the said term of c. years to him the said T. R. granted as aforesaid now to come and unexpired in such like large and ample manner to all intents and purposes as they the said R. B. and P. R. or either of them might should or in any wise ought to have take and enjoy the same And the said R. B. and P. R. for themselves and either of them their and either of their Executors Administrators and Assigns and for every of them do covenant promise and grant to and with c. That is to say That the said R. B. and P. R. or one of them at the time of the ensealing and delivery of these presents are and stand or one of them is and standeth so lawfully and absolutely possessed of the premises as that they the said R. B. and P. R. or one of them now have or hath good right full power and lawful authority thereby to grant bargain sell assign and set over the said moyety of the said several Rooms Chambers Lodgings and other the premises with the appurtenances before by these presents mentioned to be granted bargained sold assigned and set over and every part and parcel thereof unto the said A. G. his Executors Administrators and Assigns in manner and form aforesaid And further that he the said A. G. his Executors Administrators and Assigns and every of them shall from time to time and at all times hereafter during the rest and residue of the said term of c. years granted to the said T. R. as aforesaid peaceably and quietly have hold and enjoy the moyety of the said Rooms Chambers Lodgings and other the premises with the appurtenances before mentioned to be demised to the said T. R. by the Indenture of Lease above-recited and every part thereof and the moyety of the said yearly rent of c. by the same Indenture reserved shall or may receive take and enjoy from time to time as the same shall grow due during the said term without the let suit trouble disturbance interruption or eviction of them the said R. B. and P. R. or either of them their Executors Administrators and Assigns or any of them or of any other person or persons whatsoever lawfully claiming by from or under them or either or any of them or by from or under their or any of their means act title consent or procurement or by from or under the said R. R. deceased and also acquitted and discharged of and from all and all manner of former Grants Bargains Sales Leases Statute-Merchant and of the Staple-Recognizance Judgments Executions Surrenders Forfeitures Re-entries and of and from all other Titles Troubles Charges and Incumbrances whatsover had made committed or done by the said P. R. and R. B. and R. R. deceased or any of them or to be had made committed or done by the said P. R. and R. B. and R. R. deceased or any of them or to be had made committed or done by the said P. R. and R. B. their Executors c. or any of them or by their or any of their means act title interest default consent or procurement In witness c. A Lease of Lands by may of Mortgage in consideration of a sum of money THis Indenture made the c. between the Right Honourable E. Earl of B. the Lady L. his Wife Countess of B. the Right Honourable the Lord M. Baron of R. in the County of c. Sir F. G. of c. and E. W. of c. on the one part and I. W. of c. on the other part Witnesseth That in consideration of the sum of Consideration c. to the said E. Earl of B. and the Lady L. Countess of c. in hand paid by the said T. W. before the ensealing and delivery of these presents whereof they do acknowledge the receipt and thereof and every part and parcel thereof do hereby clearly and absolutely acquit exonerate and discharge the said I. W. his Heirs Executors Administrators and Assigns and every of them for ever by these presents They the said W. Lord M. Sir F. G. and E. W. at and by the special direction and appointment of the said E. Earl of B. and the Lady L. Countess of B. Have demised Grant granted bargained and sold and by these presents do demise grant bargain and sell unto the said I. W. his Executors Administrators and Assigns all those Closes or Grounds hereafter particularly named scituate lying and being in the Hamlets Parish or Fields of Butler in the County of R. That is to say One Close of Pasture and Meadow-ground commonly called or known by the name of New Cowclose containing by estimation 100 Acres now in the Tenure or Occupation of R. I. Gent. or his Assigns one other Close of Pasture called c. containing by estimation 170 Acres at least now in the Tenure or Occupation of William Dalby or of his Assigns two Closes of Pasture c. together with all and singular the wayes passages profits commodities advantages and appurtenances whatsoever to the said several Closes or Grounds and every or any of them belonging or in any wise appertaining or with them or any of them now or heretofore usually occupied demised or enjoyed or accepted reputed taken or known for or as part or parcel of them or any of them And the reversion and reversions remainder and remainders rents and yearly profits whatsoever of all and singular the said closes and premises before mentioned and of every of them To have and to hold the said Closes Fields Grounds Hereditaments and all and singular other the premises with their and every of their appurtenances before by these presents demised or mentioned to be hereby demised granted bargained or sold and every part and parcel thereof unto the said I. W. his Executors Administrators and Assigns from the c. day of c. next ensuing the date of these presents unto the full end and term of 99 years from thence next ensuing and fully to be compleat and ended yielding and paying therefore yearly unto the said W. Lord M. Sir F. G. and E. W. their Heirs and Assigns one Pepper-corn only at the c. if the same be demanded Provided alwayes and it is fully agreed between the said Parties to these presents and every of them That if the said E. Earl of B. the Lady I.
Countess of B. W. Lord M. Sir F. G. and E. W. or any of them their or any of their Heirs Executors Administrators and Assigns or any of them do and shall well and truly pay or cause to be paid unto the J. W. his Executors Administrators or Assigns the sum of c. in or upon the c. at or in the c. between the hours of c. That then this present demise grant bargain and sale shall be utterly void frustrate and of none effect any thing herein before contained to the contrary thereof in any wise notwithstanding For payment of the money And that the said E. Earl of B. the Lady L. Countess of B. W. Lord M. Sir F. G. and E. W. or some of them their or some of their Heirs Executors Administrators or Assigns shall and will well and truly pay or cause to be paid unto the said J. W. his Executors Administrators or Assigns the said sum of c. in or upon the c. at or in the place aforesaid and between the hours of c. according to the true intent and meaning of those presents And further That the said Close Grounds and other the premises before in and by these presents mentioned to be demised granted bargained and sold now are and be and so during the whole term of c. hereby grantted bargained and sold shall be remain and continue of the clear yearly value of c. over and above all Charges and Reprizes For the quiet enjoying of the premises upon default And moreover if default be made in payment of the said sum of c. herein before in the said Proviso mentioned or any part thereof at the day time and place before mentioned and limited for the payments thereof That then the said J. W. his Executors Administrators and Assigns and every of them shall and may from time to time and at all times during the said term of c. peaceably and quietly have hold use occupy possess and enjoy the said Grounds Lands Tenements Hereditaments and all other the premises herein before mentioned to be demised granted bargained or sold with all and singular their and every of their appurtenances and every part thereof without the let suit trouble denial disturbance expulsion or interruption of the said E. Earl of B. the Lady L. c. W. Lord M. Sir F. G. and E. W. and of all and every other person or persons whatsoever and discharged of and from all other Bargains Sales Gifts Grants Leases Statutes Recognizances Extents Judgments and all Charges Estates Titles Troubles and Incumbrances whatsoever had made committed suffered or done or to be had c. by the said E. Earl of B. the Lady L. Countess of c. W. Lord M. Sir F. G. and E. W. or any of them or by any other person or persons whatsoever For further assurance upon default And further that if default be made in payment of the said sum of c. or any part thereof at the day time and place aforesaid that then the said E. Earl of B. the Lady L. Countess of B. W. Lord M. Sir F. G. and E. W. their Heirs Executors Administrators and Assigns and all and every other person or persons lawfully having claiming or pretending to have or claim any manner of estate right title interest claim or demand whatsoever of in or to the said Closes Grounds Hereditaments and Premises or any part thereof shall and will make do suffer and execute or cause and procure to be done made suffered and executed all and every such further lawful and reasonable act and acts thing and things device and devices in the Law whatsoever for the further better and more perfect assurance surety sure-making and conveying of the said Closes Grounds and Premises with the Appurtenances and every part thereof unto the said I. W. his Executors Administrators and Assigns during the said term of Ninety and nine years according to the intent and meaning of these presents as by the said I. VV. his Executors or Assigns or by his or their Council learned in the Law shall be reasonably devised or advised and required And the said VV. Lord M. Sir F. G. and E. VV. for themselves severally and not joyntly nor one of them for each other their several Heirs Executors Administrators and Assigns and for every of them respectively do covenant promise and grant to and with the said I. W. his Executors Administrators and Assigns and every of them by these presents That if default of payment be made of the said sum of c. or any part thereof at the day time and place aforesaid That then the said I. W. his Executors Administrators and Assigns shall and may from time to time and at all times during the said term of c. peaceably and quietly have hold possess and enjoy the said Closes Grounds and other the premises before mentioned to be hereby demised granted bargained or sold without the lawful let suit trouble denial disturbance expulsion eviction or interruption of them the said W. Lord M. Sir F. G. and E. W. severally their and every of their several and respective Heirs and Assigns or any of them or of any other person or persons lawfully claiming in by from or under them or any of them respectively as aforesaid And discharged and clearly acquitted of and from all former Bargains Sales Gifts Grants Statutes Recognizances Extents Judgments and of and from all other Charges Estates Titles Troubles and Incumbrances whatsoever had made committed suffered or done by the said W. Lord M. Sir F. G. and E. W. or any of them respectively their or any of their several Heirs Executors Administrators or Assigns or any other person or persons claiming or to claim in by from or under them or any of them severally and respectively their or any of their several estates act title means consent or procurement In witness whereof the Parties first above-named to these present Indentures have interchangeably set their Hands and Seals Given the day and year first above written Annoque Dom. 1634. A Covenant that after the default of payment the possession of Lands in Mortgage shall be delivered to the Mortgagee and also all Deeds and Writings concerning the same ANd the said A. B. for himself c. That he the said A. B. his Heirs and Assigns shall and will upon reasonable request to him or them to be made after default shall happen to be made of or in any of the payments aforesaid if it shall happen so to fall out deliver or cause to be delivered unto the said C. B. his Heirs and Assigns the quiet and peaceable possession and seizin of all and singular the before bargained premises And shall then also after such default of payment within one moneth then next ensuing deliver and cause to be delivered unto the said C. D. his Heirs and Assigns as well all and singular the Letters-Patents Deeds Evidences Writings
of Covenants and other Actions Suits or Demands Concernings Covenants Provisoes or Agreements for not cutting down or grubbing up the same Woods or Under-woods heretofore cut and grubbed up In witness c. A Release of Errors BE it known c. That I A. B. c. have remised released quit-claimed and discharged and alwayes for me my Heirs Executors Administrators and every of them for evermore do quit-claim and discharge unto C. D. of c. all and all manner of Error and Errors cause and causes of Error and Errors Misprisions Mis-entries and erroneous Proceedings whatsoever had made committed omitted suffered or done in all every or any Plaint Plea Process Judgment and Execution whatsoever had made c. by the said c. against me the said A. B. in any Court or Courts of Record at any time from the beginning of the World c. In witness c. A Discharge of an Apprentice from hsi Service TO all c. I F. W. of c. send greeting c. Whereas M. N. by his Indenture bearing date c. did put himself Apprentice to me for the term of c. commencing c. as by the said Indenture may appear Now know ye That I the said F. W. for good Considerations me thereunto moving do by these presents clearly and absolutely discharge and set free the said M. N. of and from my Service so as neither I nor any for me shall or may at any time hereafter ask claim or demand any Service of the said M. N. by vertue of the said Indenture or otherwise And also I do hereby remise and release unto the said M. N. all Actions cause and causes of Actions Service and Demands whatsoever which I now have or hereafter may have against him by reason of any act whatsoever from the beginning of the World until the day of the date of these presents In witness whereof c. A Letter of Attorney to receive Money due upon a Bond. KNow all Men by these presents That I T. A. of c. have assigned ordained and made and in my stead and place by these presents put and constituted my trusty and well-beloved Friend I. B. of c. my true and lawful Attorney for me and in my stead and name but to the use and behoof of him the said I. B. to take recover and receive of W. S. of c. O. T. of c. and L. M. of c. the sum of c. due unto me for non-payment of the sum of c. of like money on the twentieth day of c. last past before the date of these presents as by one Obligation with condition there-under written bearing date c. in the year c. it doth and may more plainly appear giving and by these presents granting unto my said Attorney my full power and lawful authority in the premises to do say perform conclude and finish for me and in my name as aforesaid all and every such act and acts thing and things device and devices in the Law whatsoever for the recovery of all the Debts aforesaid as fully largely and amply in every respect as I my self might or could do if I were personally present And upon the receipt thereof acquittances or other discharges for me and in my name to make seal and deliver ratifying allowing and holding firm and stable all and whatsoever my said Attorney shall lawfully do or cause to be done in or about the execution of the premises by virtue of these presents In witness c. A Letter of Attorney to enter upon Lands and deliver a Lease KNow all men c. that I R. R. of c. have made ordained constituted and appointed and by these presents do make ordain constitute and appoint T. C. of c. my true and lawful Attorney for me and in my stead and name to enter and come into and upon the Farm and Lands of T. in the Parish of c. in the County of c. now in the Tenure or Occupation of K. T. or of his Assigns and upon any part thereof then and there for me and in my stead and name to deliver as my act and deed unto H. M. of c. or to his Assigns one Indenture whereunto I have already sealed bearing date c. made between me the said R. R. on the one part and the said H. M. on the other part purporting a Lease of the said Farm and Lands unto the said H. M. his Executors Administrators and Assigns for the term of Ten years next ensuing as in and by the said Indenture more at large appeareth Which Indenture after the same shall be so delivered by my said Attorney I the said R. R. do promise by these presents shall be my effectual Deed in Law to all intents constructions and purposes as if I the said R. R. had sealed and delivered the same them there my self In witness c. A Letter of Attorney upon a Specialty being not due with Covenant to justifie Actions TO all c. to whom this present writing shall come Sir T. R. of c. sendeth greeting in our Lord God everlasting Whereas H. F. on c. Gentleman in and by one Obligation with condition thereupon endorsed bearing date c. is and standeth bound unto the said Sir T. R. in the sum of c. of lawful c. conditioned for the ture payment of c. on the c. next c. at or in the c. as in and by the said Obligation and Condition thereof at large appeareth Now know ye That the said T. R. for divers good Causes and Considerations him moving hath assigned ordained and made and in his stead and place put and constituted his trusty and well-beloved Friend R. D. Citizen c. his true and lawful Attorney for him and in his stead and name and to the onely proper use and behoof of the said R. D. to ask require and receive of the said H. F. his Executors Administrators or Assigns the said sum of c. at the said day and place aforesaid And if default be made in payment of the said sum of c. as aforesaid then he the said Sir T. R. doth by these presents make ordain constitute and appoint the said R. D. to be his true and lawful Attorney for him in his name and to the only use of the said R. D. to ask levy demand recover and receive of the said H. F. his Executors and Administrators the said sum of c. so forfeited unto him the said Sir T. R. for non-payment of the said sum of c. at the day time and place aforesaid Giving and by these presents granting unto his said Attorney his full Power and lawful Authority in the premises and upon default of the said sum of c. or any part thereof the said H. F. his Heirs Executors Administrators c. or any of them to arrest sue implead imprison and out of Prison
aforesaid and to his Successors Chamberlains of the same City in the sum of 350 l. of c. with condition amongst other articles in the said Recognizance specified for the true payment of 300 l. of like money unto the said Chamberlain or his Successor to the use of E. and J. Orphans of T. B. late Citizen and Grocer of London deceased at such time as they or either of them shall accomplish their several ages of twenty one years as by the said Recognizance and Condition thereof more at large may appear If therefore the said E. K. his Heirs Executors or Administrators do from time to time and at all times hereafter discharge exonerate acquit or otherwise well and sufficiently save and keep harmless the said J. C. J. L. and W. G. and every of them and the Heirs Executors and Administrators of them and every of them and all and singular the Lands Tenements and Hereditaments Goods and Chattels of them and every of them against the said Chamberlain and his Successors and against all and every other person or persons whatsoever of for and concerning the said Recognizance and all and singular sums of money penalties forfeitures and things whatsoever in the said Recognizance or condition thereof or either of them contained or specified and also of for and concerning all and singular Actions Suits Judgments Extents Executions Molestations Costs Charges Troubles Incumbrances and Demands whatsoever which shall or may arise grow happen or be by reason or means of the said Recognizance And also if it happen the said E. K. before the said sum of 300 l. be fully paid to the said Chamberlain or his Successors according to the tenour and purport of the said condition of the said Recognizance to decease or by any means to come to poverty and insufficiency of himself to his goods and chattels out of the liberties of the City aforesaid to absent withdraw or purloyn Then if the said E. K. his heirs executors or administrators within six moneths next after such decease coming to poverty and insufficiency or such withdrawing absenting or retaining himself or his Goods or Chattels out of the liberties of the City aforesaid or upon reasonable request do make true payment unto the said Chamberlain or Successors of the said sum of 300 l. to the use aforesaid and then also within the same six moneths or upon such request as aforesaid do cause and procure the said Recognizance and all Extents and Executions of the same to be clearly and lawfully discharged and made void That then c. A Condition from the under-Sheriff to a High-Sheriff for saving harmless THe Condition c. That whereas the above-named Sir M. G. Knight Sheriff of the County of B. hath assigned and deputed the above-named R. B. his Under-Sheriff If therefore the said B. N. the above-bound C. R. and G. D. their Heirs Executors and Administrators and every of them do at all time and times hereafter save and keep harmless and indempnified as well the said Sir M. G. his Heirs Executors Administrators and Assigns and every of them as also the said Lands Tenements Hereditaments Goods and Chattels of the said Sir M. G. of for touching or concerning the returns and executions 〈◊〉 all such Process Writs and Warrants of what nature soever they be as are or shall be hereafter directed to the Sheriff of the said County of B. and shall be brought and delivered or offered to be delivered to the said B. N. during the term that the said Sir M. G. shall be Sheriff of the said County And of and from all Issues Fines and Amerciaments which shall happen to be imposed or taxed upon the said Sir M. G. for or concerning the not executing wrongful executeing or detaining in his hands any Writs Process or Warrants and of for and concerning all Escapes of all and every person or persons that shall be arrested or apprehended by vertue of any such Process Writ or Warrant during the time that the said Sir M.G. shall continue Sheriff of the said County of B. And also if the said B. N. C. R. and G. D. their Heirs Executors and Administrators and every of them shall save harmless and indempnified the said Sir M. G. and his Heirs and Assigns and his and their Lands Goods and Chattels of for and concerning all such accompt and accompts as the said Sir M. G. is and shall be charged withall as Sheriff of the said County of B. to our Soveraign Lord the King his Heirs or Successors in any of His Majesties Courts and of all sums of money which shall be levied or received by the said B. N. as Under-Sheriff of the said Sir M. G. or any Bayliff or other person by the direction or assent of the said B. N. to the use of the Kings Majesty his Heirs or Successors That then c. A Condition to save harmless a Surety from a Bond of Arbitrement THe Condition c. That if the above-bound A. D. his Executors and Administrators or any of them do and shall from time to time and all times hereafter well and sufficiently save and keep harmless and indempnified the above-named G. M. his Heirs Executors and Administrators and his and their Lands Tenements Goods Chattels and Hereditaments of for from and concerning one Obligation bearing date the day of the date above-written wherein the said G. M. at the request of the said A. D. is and standeth bound unto R. M. Gentleman in the sum of 100 l. with Condition there-under written that the said A. D. abide the award of W. M. and T. B. Esquires Arbitrators and of and from all Actions Suits Arrests Costs Charges and Demands whatsoever concerning the premises without fraud or coven That then c. A Condition if money be not paid at the day then to surrender certain Copy-hold Lands c. THe Condition c. That if the within-bound B. L. do not or shall not well and truly pay or cause to be paid unto the within-named J. P. his Executors Administrators or Assigns the full sum of c. on the c. next ensuing the date within-written at c. according to a Proviso or Condition mentioned in a Deed or Surrender bearing date the day of c. Then if the said E. L. and A. his wife do and shall at the next Court to be holden for the Mannor of c lawfully and absolutely surrender into the hands of the Lord of the said Mannor to the only use and behoof the said J. P. his Heirs and Assigns for ever according to the custom of the said Mannor the said several parcels of Land with their and every of their appurtenances in the said Surrender mentioned And also if the said J. P. his Heirs or Assigns shall or may peaceably and quietly have hold and enjoy the said parcel of Land and every of them with their and every of their appurtenances so surrendred as aforesaid freely and clearly acquitted of and from
the said E.M. the day of the date hereof hath freely given and delivered unto the said R.A. the sum of c. to the intent and purpose that he the said R.A. shall accept and take into his service to be imployed in merchandizing affairs W.M. son of her the said E. M in consideration whereof but more especially at her request and of the affection that the said R.A. beareth to the said W.M. he the said R.A. is contented and agreed to accept and take the said W.M. to be his servant in merchandizing affairs and other businesses and accordingly to imploy him therein not only in England but in the parts beyond the Seas where the said R. A. now tradeth or hereafter shall trade and that for the terme or space of Seven years to be accompted from c. next ensuing the date of these presents c. and thereupon the said E.M. for her self her executors and administrators doth covenant and grant to and with the said R.A. his c by these presents that the aforesaid W.M. her son shall during all the said term if he so long live well diligently faithfully to the uttermost of his power and skil serve him the said R.A. in the Trade of merchanding and other his affairs at such place or places either beyond the Seas or on this side where the said R.A. shall design and appoint him and with out absenting himself out of his said service or imployment or neglecting the same that he the said W.M. at all times hereafter during the said term shall from time to time not only receive and take into his charge and custody all and every such goods and merchandizes whatsoever as by or for the use or account of the said R.A. shall be consigned or sent to him the said W.M. but also sell utter and dispose of the same goods or merchandizes to the most profit he can for the said R.A. his c. shall also from time to time and at all times during the said term follow and perform all and every such advice directions orders and Commissions as the said R.A. shall by Letter of advice or otherwise give send or make known to him the said W.M. in about or concerning the Factory or Merchandizing aforesaid and also that he the said W.M. shall at the charges of the said R.A. his c. provide and keep in due orderly manner books of Accompt touching his said employments in Merchandizing as aforesaid according to the custom of Merchants in such cases used and shall deal justly truly plainly faithfully to and with the said R.A. his c. in all and every his accompts reckonings bargains buying selling doings and dealings in and about his said employment in merchandizing as aforesaid and shall from time to time once in every six months or oftener transmit and send unto the said R.A. his c. true accompts and reckonings of all the businesses and dealings of the said W M. in the premisses and shall also send Letters of advice of the said R A. so often as conveniently he may or can of all matters and occurrences that shall necessarily arise concerning his service or imployment and shall also return and come to England and bring all his books of accompts with him whensoever he shall be thereunto advised and required by the said R.A. his c. by Letters missive or otherwise and that the said W.M. shall from time to time upon every reasonable request not only shew forth all his books of accompts concerning all his doings and dealings as aforesaid and make and give unto the said R.A. his c. a just true plain and perfect accompt and reckoning in writing of for and concerning all and every such goods wares money debts and Merchandizes whatsoever as well of the said R.A. for his own proper use or joyntly with any others which shall hereafter come to the hands charge or factory of him the said W.M. or for which he the said W. M may or ought to be accomptable unto the said R.A. his c. And moreover that he the said W M. shall within c. next after the making and giving up every such accompt as aforesaid well and truly satisfie pay and deliver unto the said R.A. his c. all every such goods wares monies debts merchandizes specialties and other things whatsoever as by or upon the foot of the same account shall appear of be found to be due coming or belonging to him the said R. A. his c. by or from the said W.M. in any manner of wise Item the said E.M. for her self c. doth covenant promise and agree to and with the said R.A. his c. by these presents that she the said E.M. her c. at her and their own proper costs and charges shall and will find provide and allow unto and for her said Son decent and fitting linnen woollen and all other apparrel of all sorts fitting for him in his service and employment during the said term Item the said R.A. doth covenant c. to find and provide unto the said c. competent and fitting meat drink washing and lodging and all other necessaries apparel only excepted during all the said term In witness c. Bonds must be entred into for performance of the Articles aforesaid The End of the Second Book PART III. A Deed for the Revoking of a Bargain and Sale if so much meney be paid THis Indenture made c. in the Fourteenth year of the Reign of our Soveraign Lord CHARLES the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. Anno Dom. 1662. between Sir I. S. of c. of the one part and I. C. c. of the other part whereas the said I. C. by his Deed indented under his hand and seal bearing date c. for the consideration therein mentioned did alien bargain sell enfeoff and confirm unto the said Sir I. S. and his heirs All that the Mannor and Lordship of G. in the County of c. with all the rights members and appurtenances thereunto belonging together with all such other things as in the said Deed are expressed and contained as thereby doth and may more fully appear Now witnesseth this present Indenture and the said Sir I. for himself his Executors Administrators and Assigns and for every of them doth Covenant promise and grant to and with the said I. C. his Heirs Executors Administrators and Assigns and every of them by these presents that if the said I. C. his Heirs Executors c. shall pay c. unto the said Sir I. S. c. the sum of c. that then the said Deed of Bargain Sale shall be void frustrate and of none effect or force in the Law to all intents and purposes And that then also the said Sir I. S. his Executors c. immediatly after the payment of the said sum of 2392 l. to the said
without Impeachment of any manner of wast And from and after their decease and of the Survivor of them the Remainder thereof to the use of the said E. Lord H. Son and Heir apparent of the said E. for and during the term of his natural life And from and after his decease the Remainder thereof to the heirs males of the body of the said E. Lord H. to be begotten on the said E. D. his intended Wife and in default of such heirs males then to the use of the heirs of the body of the said E. Lord H. to be begotten on the body of the said E. D. the Remainder thereof to the right heirs of the said C. and to none other use intent or purpose Provided alwayes Provise to make Leases and the true intent and meaning of all the parties to these presents is and was at the time of levying the said Fine That it shall and may be lawful to and for the said E. and C. during their joynt lives and for the Survivor of them at all times and from time to time to make any lease or leases of all or any of the said Mannor and Premisses or any part or parcel thereof to any person or persons for 21 years in possession or under or for three lives in possession or under and not otherwise or in other manner so as upon every such Lease so to be made the usual and old accustomed Rent or more be reserved and appointed to be payable yearly during the said term or terms to such person or persons as by force of these presents or of the said Fine or recited Indencure or any of them shall or ought after the decease of the said E. and C. to have the immediate Reversion or Remainder thereof In witnesse whereof c. A Declaration of the use of a Fine and Recovery THis Indenture made c. between the Right Honourable T. L. W. on the one part and the Right Honourable W. L. P. Sir N. F. and T. A. on the other part VVhereas The recital of the Fine and Recovery c. reciting a Fine and Recovery suffered in the Term of c. of these Mannors c. by the name or names of c. Now this Indenture witnesseth That the true intent and meaning of the said L. Lord W. and of the said Recoveror and of all the parties to the said Recovery and every of them and to these presents before and at the several and respective times of the suffering of the said Recovery for touching and concerning the said Mannors Lands Tenements Hereditaments and premisses and every of them The intent of the Parties at the execution of such Fine and Recovery whereof the said Recovery was suffered and had alwayes was and now is That the said Recovery should and shall be and enure and be construed adjudged deemed and taken to be and enure and that the said Recoverors and every of them and all the parties to the same and the party-takers thereby and their heirs and all and every other person or persons and his and their heirs who then were or now are or hereafter shall be seized of the said Mannors Lands Tenements Hereditaments and premisses or of any part thereof or any of them should and shall stand and be seized of the same Mannors Lands Tenements Hereditaments and premisses and every parcel thereof with the appurtenances to the uses purposes and intents and under the Provisions Conditions and Limitations hereafter in these presents expressed specified limited and declared and to no other use intent or purpose And the said T. Lord W. doth hereby limit The Uses express declare and appoint that all the same Mannors Lands Tenements Hereditaments and premisses shall be and remain to the several uses purposes and intents hereafter in these presents expressed that is to say to the use and behoof of the said T. Lord W. and his Assigns for and during the term of his natural life without Impeachment of or for any manner of waste and from and afte● the decease of the said T. Lord W. then to the use of the said W. Lord P. Sir N. F. and T. V. their Heirs and Assigns for ever● for and to this intent and purpose that they the said c. and the heirs and the Survivor and Survivors of them a● his and their heirs For payment of Debts shall and will bargain sell o● otherwise dispose of the same for and towards t● payment satisfaction and discharge of such De●● and Sums of money as the said T. Lord W. doth now owe 〈◊〉 which he shall owe at the time of his death to any person or persons and for the discharging of such person and persons as do no● stand or which at the time of the death of the said T. Lord W. shal● stand bound or engaged for or with the said T. Lord W. for the sam● debts or sums of money or any of them and also for the satisfaction payment discharge of all such sum or sums which the said T. Lord W. hath or hereafter shall take up borrow or receive for 〈◊〉 consideration of which he hath heretofore granted or hereafter shall grant any Annuity or Annuities Rent or Rents-charge issuing or to be issuing or payable out of the same Mannors Lands Tenements Hereditaments and premisses or any of them or out of any of the Mannors Lands Tenements or Hereditaments of the said T. Lord W. in the Territories of England whereby the same Rent or Rents-charge shall and may be determined And also for and towards the payment and discharge of the Funeral charges and expences of the said T. Lord W. and of the Legacies and bequests which the said T. And Legacies Lord W. by his last Will and Testament in writing to be sealed subscribed and published by him before three sufficient witnesses shall give and bequeath to any person or persons or to any use or uses or so much of such sum and summes of money debts Funeral expences and Legacies as the value of the said Mannors Lands and Tenements to be sold as aforesaid shall amount unto The disposal of the over-plus And that if any over-plus shall be of the value of the same Mannors Lands Tenements Hereditaments and premisses more than shall be or will be sufficient to satisfie and discharge all the same debts sums of money funeral charges Legacies and bequests that then the said c. their Heirs Executors or Administrators shall and will pay and deliver the same over-plus which shall remain of the Sale or value of the said Mannors Lands Tenements Hereditaments and premisses unto such person or persons to whom the said Lord W. shall by his last Will in writing in presence of two witnesses at least appoint the said Lands and premisses to come after his death And further upon this trust and confidence reposed in the said c. and their heirs that if the said person to whom the premisses
H. B. or to his use as aforesaid without the let sute trouble molestation interruption or eviction of him the said Sir H. B. his heirs or assigns or of any other person or persons whatsoever lawfully claiming by from or under him his estate or title L. Cum Coven pro utter Assur Litterdel Attorney c. In witness whereof c. A Covenant to deliver Evidences by such a time ANd the said G. A. for him c. That he the said G. A. his Heirs Executors or Administrators or some of them shall and will before the first day of March next ensuing the date hereof deliver or cause to be delivered unto the said A. Lady D. and Sir J. D. or to one of them all such Deeds Charters Evidences Court-Rolls Exemplifications of Records Transcripts of Fines Terriers Escripts Writings and Minuments concerning only the premisses or only any part or parcel thereof as now be in the possession custody or keeping of the said G. A. or of any other person or persons by his delivery or to his use or which he may obtain get or come by without suit in Law whole uncancelled safe and undefaced or in as good plight as the same now are and be and also true Copies of all such other Deeds Charters Evidences and Writings as the said G.A. hath touching and concerning the said Lands and Premisses or any part thereof joyntly or together with any other Lands c. of the said G. A. the said A. Lady D. and Sir J.D. and their heirs or some or one of them paying or bearing the charge of making and writing the same Copies c. A Declaration of a Fine and Recovery to variety of uses well penn'd THis Indenture made c. Between the Right Honourable T. Lord W. of the one part and the Right Honourable W. Lord P. Sir M. F. of c. on the other part Whereas the said M. B. and W. D. in the term of E. in the eleventh year of the Reign of our said Soveraign Lord King James Recital of the Recovery of England c. by Writ of Entry Sur Disseisin in le post did recover against the said T. Lord W. all those the Mannors of M. alias M. A. L. A. R. and N. with the appurtenances and of 30. Messuages 30. Tofts 6. Water-mills 6. Dove-houses 30. Gardens 1000 acres of Land 200 acres of Meadow 300 acres of Pasture 2000 acres of wood 300 acres of Furze and Heath 10 pounds Rent free warren and view of Frank-pledge with the appurtenances in M. alias M. A. N. and S. and also the Advowson of the Churches of M. alias M and A. as in and by the said Recovery remaining of Record in his Majesties said Court of Common-Pleas at Westminster to which Relation being had more at large appeareth And whereas in the Term of the Holy Trnity last past before the date hereof that is to say a Die sce Of the Time Trinitatis in tres septimanas in the said term in the Court of our Soveraign Lord the Kings Majesty before his Justices at Westminster a Fine Sur Cognizance de droit come ceo c. with Proclamations according to the form of the Statute in such case made and Provided was levied between the said W. R. and W. D. Plaintiffs and the said T. Lord W. Deforceant of the Mannors of T. alias T. and B. alias B. with the appurtenances in the County of W. and W. and of all that Grange or Capital Messuage called H. house and of all the Messuages Lands Tenements Rents Reversions Services and Hereditaments whatsoever to the said Mannors and Grange or any of them belonging or appertaining or reputed to belong or appertain or as part or parcel or member of them or any of them or accepted reputed taken demised used occupied or enjoyed as part thereof in the said Counties of W. and W. and of all other the Messuages Lands Tenements Rectories Tithes and Hereditaments with the appurtenances of the said T. Lord W. in the said Counties of W. and W. by the names of the Mannors of T. alias T. and B. alias B. with the appurtenances and of 40. Messuages 20 Tofts 4. Water-Mills 4. Dove-houses 40. Gardens 1000 acres of Land 600. acres of Meadow 1000. acres of Pasture 400. acres of Wood 400 acres of Furze and Heath 20 acres of Marsh and twenty shillings Rent with the appurtenances in T. alias T. Alne-Church B alias B. F. and Beoleyl and also of the Rectories of T. alias T. and B. alias B. with the appurtenances and all and all manner of tithes of Corn and Hay growing coming or renewing in T. alias T. and B. alias B. and of the Advowson of the Vicaridge of the Church of T. alias T. in the County of W. and of the Mannors of T. alias T. and B. alias B. with the appurtenances and 4 Messuages and one Dove-house 4 Gardens 300 acres of Land 600 acres of Meadow 300 acres of Pasture 200 acres of wood and 30 acres of Marsh with the appurtenances in T. alias T. Aln-Church and B. alias B. and also of the Rectory of T. alias T. and B. alias B. with the appurtenances and of all and all manner of tythes of common Hay growing coming and renewing in T. alias T. and B. alias B. and of the Advowson of the Vicaridge of the Church of T. alias T. in the County of W. as by the said Fine remaining of Record in his Majesties said Court of Common Pleas at W. to which Relation being had more fully and at large appeareth Now this Indenture witnesses The intent of the parties That the true intent and meaning of the said T. Lord W. and of the said Recoverers and parties to the said Recovery and also of the said Cognizees of the said Fine and parties to the same Fine and of all and every of the parties to these presents before and at the several and respective time and times of the suffering of the said Recovery and Acknowledgments and levying of the said Fine for touching or concerning the said Mannors Lordships Lands Tenements Hereditaments and premisses whereof the said Recovery and Fine were severally and respectively suffered levied and had as aforesaid alwayes was and yet is that as well the said Recovery as the said Fine and all and every Fine and Fines Recovery and Recoveries and other Acts and Assurances of the said Mannors Messuages Lands Tenements Rents Rectories Tythes Advowsons Hereditaments and Premisses or of any of them with the appurtenances at any time heretofore suffered levied executed or had wherein or whereunto the said T. Lord W. was or is any wayes a party and all and every the executions of the same and every of them should and shall be and enure and be construed adjudged deemed and taken to be and enure And were and hereby are Covenanted granted concluded agreed and declared to be and enure to the uses purposes and intents and under the Provisions Conditions
person or persons to his or their or any of their use or uses the sum of twelve pence in money for the making void of this present Indenture and the Demise and Lease herein contained that then and from thenceforth this present Indenture and Demise and Lease herein contained shall cease and be void any thing herein contained to the contrary notwithstanding In witness whereof the said parties to these presents their hands and seals interchangeably have set the day and year first above-written An Award made between four Executors TO all Christian people to whom this present writing quadripartite indented of Award shall come S. W. Ceazer Knight Master of the Rools sendeth greeting in our Lord God everlasting This Indenture quadripartite also made the second day of A. in the fifth year of c. between Sir W. S. c. one of the Executors of the last Will and Testament of R. C. c. of the first party S. T. Offley c. one other of the c. of the last Will and Testament aforesaid of the second Part Sir T. L. c. one other of the Executors of the said last Will and Testament of the third part and Sir H. C. c. one other Executor of the same last Will and Testament of the said R. of the fourth part Witnesseth That whereas the said R. by his said Testament and last Will bearing date c. amongst divers and many gifts and legacies therein limited bequeathed and appointed to sundry persons therein named as by the same it may appear hath given and bequeathed all the residue of all and singular his goods chattels leases and other things whatsoever his debts funerals and legacies being paid and performed unto the said W.S. T.O. and T.L. whom together with the said H. C. his brother he made and ordained his said Executors of his last Will and Testament aforesaid and of the same he hath also made and ordained the said W. C. his Supervisor and Overseer as by the same his last Will also at large it doth and may appear And whereas for the avoiding of all doubts variances controversies sutes and strifes that may and might ensue and grow between the foresaid parties touching the said last Will and Testament and the true execution of the same And for and concerning the said residue surplusage and remainder of the goods chattels and other things after the said Debts Funerals and Legacies discharged every of the said parties have compromitted and faithfully promised and further do severally covenant and grant to and with others by these presents to stand to obey abide perform and fulfill the Award and Judgment of the said W.C. Knight Arbitrator between them indifferently named and chosen of and upon the premisses Whereupon the same W. C. taking upon him the charge and business of the said Award and willing and minding as much as in him is the true execution of the said Testament and that a final peace unity and concord shall be had and continued for ever between the said parties for and concerning the premisses hath and doth by these presents by and with the full assent and consent of all and every the aforesaid parties make publish and declare this his present award arbitrement and judgement between the same parties touching the premisses in manner and form as followeth that is to say First The said Sir W. C. by these presents doth award judge and deem and every of the parties before named covenanteth and granteth severally for himself his Heirs Executors and Administrators to and with the other of them his and their Executors and Administrators and every of them by these presents in manner and form following That is to say That the same Executors That any of the Executors shall not conceal any of the Testators goods from the other Executors or any of them shall not at any time or times hereafter willingly or wittingly conceal withdraw or keep close or cause to be concealed withdrawn or kept close from the said other Executors or any of them or the Survivors or Survivor of them and such Goods Chattels Leases Debts Credits or other things whatsoever as hath come or shall happen to come to his or their or any of their hands custody possession or knowledg that were or did or ought to appertain or belong to the said R.C. the Testator or his Executors to the intent the same or any part thereof should not be recovered used ordered enjoyed or disposed by the same Executors to their and every of their own proper use most benefit commodity and advantage by equal portions in manner and form aforesaid And it is further ordered and judged by the said Sir W. C. and also fully condescended and agreed between the said parties and every of them severally doth covenant and grant for him To execute the Testators Will and Trust reposed in them his Heirs Executors and Administrators to and with the others by these presents That all the same Executors and every of them shall from henceforth both in name and deed take upon him the full and due execution of the foresaid last Will and Testament so far as only to the duty trust and office of Executors appertaineth or ought to appertain And furthermore it is ordered judged and awarded by the said Arbitrator and also covenanted granted and fully agreed between the said parties and the said Parties That the Executors shall bear all Costs and Charges of Sutes in executing the Testators Will equally and every of them do severally covenant and grant to and with other of them by these presents That if at any time or times hereafter it shall be found and approved that the foresaid Testator is and ought be charged either by Law or Conscience with any other debt or debts sum or sums of money or other duties or things whatsoever then at this present is well known and doth appear unto the said Executors or if they or any of them or the Executors of the Survivor of them shall at any time or times hereafter happen to be charged with any manner of Sute or Sutes or other charge or charges whatsoever for or by reason of the said last Will and Testament or the due execution thereof either in Law or otherwise That then all and every the said Executors and the Survivor and Survivors of them and the Executors and Administrators of such of them which then shall be dead and that their equal and indifferent costs bear support pay and allow the same charges and every of them any thing herein contained to the contrary in any wise notwithstanding Another Form of an Award TO all Christian People c. I. S. Serjeant at Law send greeting c. Whereas divers variances sutes controversies debates and demands have been heretofore had moved stirred and depending between A. B. c. and C. D. c. of for and concerning reciting the matter in controversie For the appeasing and pacifying of all which