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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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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
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
or Indentures such or so much of the said Mannors Lands Tenements Hereditaments and Premises whereof he shall be then so seized in possession of such Estate as aforesaid or any part thereof chargeable and charged nevertheless with the liberties and powers herein contained and with the terms and estates hereof thereby or in pursuance thereof made or raised unto any person or persons whatsoever in possession for any number of years not exceeding the number of Twenty one years from the making thereof in possession or for the term of three lives or for any fewer number of years or lives or for any number of years determinable on three lives or any fewer number of lives in possession so as upon every such Demise Lease or Grant so to be made as aforesaid there be reserved respectively such Rents and Services as at any time within the space of Seven years last past before the date of these presents have been reserved for the same or more or greater Rent payable for the same during the continuance of every such several or respective Demise or Lease so to be made as aforesaid to such person or persons as by force of these presents shall or ought to have the immediate Reversion or Remainder thereof and that immediately from and after every or any such time as any such several and respective Demise Lease or Grant shall be made as aforesaid the recovery and recoveries and every of them shall be and enure and shall be taken to be and enure and the said Recoverer and Recoverers in the said Recovery named and every of them their and every of their Heirs and all and every other person or persons which at any time hereafter shall be seized of such parts and parcels of the premises as shall be demised or leased as aforesaid shall stand and be seized thereof and of every part thereof to the use and behoof of such several and respective person and persons to whom any such Demise or Lease shall be so made as aforesaid their several and respective Executors Administrators and Assigns to such several and respective estate and estates term and terms and such manner and form as in such several and respective Demises or Leases to be made as aforesaid shall be mentioned and expressed subject to the Rents Covenants Conditions Provisoes and Agreements as therein shall be severally and respectively contained and expressed and of the Reversion and Reversions Remainder and Remainders thereof to the use of such person or persons as by force of these presents shall or ought to have the immediate Reversion or Remainders thereof any thing c. Provided alwayes and it is c. and the true intent c. is that it shall and may be lawful to and for the said Richard Herbert party to these presents at any time or times after the decease of the said Edward Lord Herbert during his natural life by Indenture Deed or Writing to be by him the said Richard Herbert party to these presents sealed and subscribed in the presence of two or more credible Witnesses to make any Lease or Leases Demises or Grants of all or any part of the said Mannors Lands Tenements and Premises with their appurtenances as well those within this Realm of England and the Principality of Wales as those within the said Kingdom of Ireland except such of the Mannors Lands Tenements and Premises in the said County of Monmouth as shall be limited to or for the Joynture of such wife or wives as the said Edward Lord Herbert shall hereafter marry for and during the life or lives of such Wife or Wives only for the term of 21 years or under or for one two three or more lives or for any number or term of years determinable upon one two three or more lives in possession or reversion or otherwise with reservation of Rent or without reservation of Rent at his and their will and pleasure unto any person or persons subject nevertheless to the use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert his Heirs and Assigns in manner aforesaid upon trust for the raising of the several portions herein after mentioned for such Daughter and Daughters as the said Richard Herbert Son of the said Edward Lord Herbert shall happen to have and not otherwise Provided that is to say if one Daughter only then for the raising of 3000 l. for that Daughter if more than one Daughter then for the raising of 2000 l. apiece for each and every one of the said Daughters and that all or every such Lease or Leases Demises or Grants so to be made as aforesaid shall stand and be good and effectual in the Law to all intents and purposes and that the said Recovery and Recoveries so as aforesaid or in any other sort to be had and suffered and the Recoverer and Recoverers therein named his and their Heirs shall stand and be seized of and in such part and so much of the Mannors Messuages Lands and Premises with the appurtenances as shall be so demised or leased as aforesaid and every part thereof except as is before excepted to the use of such person and persons his and their Executors Administrators and Assigns to whom such Demises Leases or Grants shall be so made as aforesaid for and during such Leases Estates and Terms as shall be so demised and granted as aforesaid subject nevertheless to the said use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert his Heirs and Assigns in manner aforesaid Provided also and it is c. and the true intent c. that it shall and may be lawful to and for the said Richard Herbert party to these presents from time to time and at all times during his natural life by any his Deed or Deeds Writing or Writings indented or poll to be by him the said Richard Herbert party to these presents signed sealed and delivered in the presence of two or more credible Witnesses to revoke annihilate frustrate and make void all or any of the use or uses estate or estates or limitations herein before limited declared and appointed of for or concerning any three Plough-lands of the premises in the Kingdome of Ireland not exceeding in the whole the clear yearly value of 150 l. per annum over and above all Charges and Reprizes other than the use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert and his Heirs in the manner aforesaid and other than the use herein before limited to the said Edward Lord Herbert for his life and that then and from thenceforth the use and uses estate and estates and limitations herein before declared limited or appointed of for or concerning such of the last mentioned premises for or concerning which any such nomination shall so be had or made other than the uses herein before limited to the said Edward Lord Herbert and Edward Son of the said
or their Council learned in the Law shall be reasonably devised advised or required so as the same do not contain or extend unto any further warranty than against him the said G. C. his Executors or Assigns or against any further act or acts than as aforesaid and so as neither he nor they that make such further assurance be compelled or compellable to travell further than the Cities of London and Westminster for the doing making or executing of such further assurances and conveyances as aforesaid And lastly it is agreed by and between the said Parties to these presents That all and every the said assurances and conveyances so as aforesaid hereafter to be had of the premises shall be and shall be esteemed and taken to be to the onely use of them the said H. H. and S. his wife and of the Heirs and Assigns of the said H. H. for ever and to no other use intent and purpose whatsoever any thing in these presents contained to the contrary thereof in any wise notwithstanding In witness whereof c. A Joynture to the Wife made before Marriage THis Indenture made c. between I. C. the younger of c. on the first part and I. C. the elder c. on the second part and R. W. of c. on the third part Witnesseth That the said I. C. the younger for and in consideration of a Marriage by Gods Grace intended and shortly to be had and solemnized between the said I. C. the younger and A. the Daughter of T. C. of c. And that the said A. may be provided of a sufficient Joynture in case she shall survive the said I. C. the younger and for divers other good Causes and Considerations him the said I. C. the younger hereunto especially moving Doth for himself his Heirs Executors and Administrators covenant promise and grant to and with the said I. C. the elder and R. W. their Executors c. and to and with every of them by these presents that he the said I. C. the younger shall and will before the end of Easter Term now next c before the Justices of our Soveraign Lord the King of his Majesties Court of Common-Pleas at Westminster or some other person or persons thereunto lawfully and sufficiently authorized acknowledge and levy one Fine Sur conusence de droit come ceo que ills on t de son done with proclamation thereupon to be made according to the common course of Fines in that behalf made and provided unto the said I. C. the elder and R. W. and their heirs or the heirs of one of them of in and upon all that Messuage or Tenement wherein T. B. Vintner now dwelleth and whereof he the said I. C. the younger is seized in his Demeasn as of Fee in his own proper right commonly called or known by the c. scituate c and of all the Shops Cellars Sollers Chambers Rooms Easements Commodities and Appurtenances to the said Messuage or Tenement belonging or to or with the same used occupied or enjoyed or reputed or taken as part parcel or member of the same or as belonging thereunto by such name or names and in such manner of form as by the said I C. the elder and R. W. or their Council learned in the Law shall be reasonably devised and advised or required at the onely proper Costs and Charges in the Law of the said J. C. the younger the true intent and meaning of which said Fine so to be levied and executed of the said premises between the said Parties is to be and so shall be construed intended and adjudged to be to the Use and Behoof of the said J. C. the younger during his natural life without impeachment of or for any manner of waste and after his decease to the use and behoof of the said A. c. for and during the term of her natural life without any impeachment c. and after her decease to the use and behoof of the Heirs of the Body of the said J. C. the younger on the Body of the said A. lawfully to be begotten and for default of such Issue to the right Heirs of the said A. for ever Provided alwayes that if the said Marriage shall not take effect nor be had or solemnized between the said J. C. the younger and the said A. T. before the c. next ensuing c. That then the said Fine so to be made levied and acknowledged of the said Messuage and Premises aforesaid shall be and shall be taken deemed adjudged and construed to be to the use of the said J. C. the younger and to his Heirs and Assigns for ever any thing herein contained to the contrary c. In witness c. A Lease to try a Title THis Indenture made c. between T. A. and R. M. c. of the one part and W. M. of c. on the other part witnesseth That the said T. A. and R. M. for divers good Causes and Considerations c. have demised granted c. and by these presents do c. unto the said W. M. all that their Scite of c. and all Houses Edifices Buildings Barns Stables Orchards Gardens Easements and Commodities thereunto belonging or appertaining To have and to hold the said c. and all other the demised premises with the appurtenances and every part and parcel thereof unto the said W. M. his c. from c. unto the end and term of c. from thence next c. Yielding c. unto the said c. their c. one P. c. if it be demanded In witness c. A Bargain and Sale of a House in London THis Indenture made c. between R. B. of E. in the County of N. Esq of the one part and J. H. of L. Esq of the other part witnesseth That the said R. B. for and in consideration of the sum of c. of lawful c. to him in hand paid before the ensealing and delivery of these presents by the said J. H. whereof the said R. B. doth acknowledge the Receipt and thereof and of every part and parcel thereof doth clearly acquit and discharge the said I. H. his Heirs and Assigns and every of them for ever by these presents hath given granted bargained sold aliened infeoffed and confirmed and by these presents doth fully clearly and absolutely give grant bargain sell alien infeoss and confirm unto the said I. H. his Heirs and Assigns for ever All that Messuage or Tenement with the appurtenances commonly called or known by the name of c. now or late in the Tenure or Occupation of one W. S. c. or of his Assignee or Assignees scituate lying and being in c. together with all and singular Shops Cellars Sollers Chambers Rooms Entries Wayes Passages Yards Back-sides Lights Water-courses Easements Profits Commodities and Hereditaments whatsoever to the said Messuage or Tenement now or at any time heretofore belonging or appertaining or therewith
of the said Sons and the Heirs males of his body being ever preferred before the younger of the said Sons and the Heirs males of his body and for default of such Issue to the use and behoof of Edward Herbert second Son of the said E. Lord H. and of the Heirs males of his body lawfully begotten or to be begotten and for default of such Issue to the use and behoof of the Heirs males of the body of Richard Herbert Esquire deceased Father of the said Edward Lord Herbert lawfully begotten and for default of such Issue to the use and behoof of the Heirs males of the body of Edward Herbert Grand-father to the said Edward Lord Herbert and for default of such Issue to the use and behoof of the right heirs of him the said Richard Herbert Son of the said Edward Lord Herbere for ever And as for and concerning the Mannors Lordships Messuages Mills Lands Tenements Orchards Gardens Tosts Crofts Meadows Leasows Pastures Feedings Woods Under-Woods Rents and Hereditaments whatsoever of the said Edward Lord Herbert and Richard Herbert his Son or either of them with their and every of their appurtenances in the said County of Anglesey to the use and behoof of the said Jo. Earl of Bridgewater and Edward Herbert party to these presents and of their Heirs and Assigns for ever upon trust and confidence nevertheless and to the end intent and purpose that they the said John Earl of Bridgewater and Edward Herbert party to these presents and the Survivor of them and his Heirs shall and will at his and their free will and pleasure sell convey and assure the said Mannors Lands and Premises in the said County of Anglesey and every part thereof for the best benefit profit and advantage which shall or may be bona fide had or gotten for the same and that the money to be raised by every or any such sale and as every such sale shall be made shall be forthwith paid and disposed of as followeth that is to say out of the money that shall be raised by sale of such of the premises in the said County of Anglesey as were the Lands of Dame Herbert late of c. there shall be forthwith and in the first place so much money paid to the said Edward Lord Herbert his Executors or Administrators as according to the true yearly value of those Lands shall come to five years and an half purchase and the residue of the monies that shall be raised by the sale of the same Lands which were the Lands of Dame Herbert late of c. shall be disposed of for and towards the payment and of the Debts of the said Richard Herbert party to these presents and sums of money mentioned in the Schedule hereto annexed as the said Jo. Earl of B. and Richard H. party to these presents or the Survivors of them shall think fit and of the money that shall be raised by the sale of the residue of the said Mannors Lands and Premises in the said County of Anglesey there shall be forthwith and in the first place so much paid to the said Ed. Lord Her his Executors or Administrators as according to the yearly value of the same Mannors c. shall come to sixteen years purchase and if those Mannors and Lands shall be sold for more than sixteen years purchase then the one moyety of such surplusage if any shall be shall be forthwith and in the first place paid to the said Ed. L. H. his Executors or Administrators and the other moyety thereof shall be disposed of for and towards the payment of such of the Debts of the said Richard Herbert party to these presents and sums of money mentioned in the said Schedule as the said John Earl of B. and Edward Herbert party to these presents or the Survivor of them shall think fit and the over-plus thereof if any shall be shall be paid to the said Richard Herbert or to such other person or persons as he the said Richard Herbert party to these presents by any writing under his Hand and Seal shall direct nominate appoint to be disposed of in the buying of Land to be estated in the same manner as the Lands in the said C. of Carnarvan are by these presents limited and for want of such direction nomination or appointment to the Executors or Administrators of the said Richard Herbert party to these presents the further trust intent and meaning of these presents and the parties hereunto-being that the said Edward Lord Herbert his Executors Administrators or Assigns shall or may have receive and take to his and their own proper use all and singular the Rents Issues Revenues and Profits of the said Mannors Lands and Premises hereby limited and intended to be sold until sale be thereof made as followeth Provided alwayes and it is hereby declared and agreed by and between all and every the said parties to these presents and the true intent and meaning of these presents is That it shall and may be lawful to and for the said Ed. L. Her paying to Sir Richard Eaton of Newport in the County of Salop Knight his Executors and Administrators to be disposed according to the trust hereafter mentioned the sum of 1000 l. of good and lawful money or such less sum of money as the said Jo. Earl of Bridgewater and Edward Herbert party to these presents or the Survivor of them shall think fit appoint at any time or times during the term of his natural life by Indenture or by any Deed or Deeds Writing or Writings to be by him the said Ed. Lord Herbert sealed and subscribed in the presence of two or more credible Witnesses to declare limit and appoint all or any the said Mannors Messuages Lands Tenements Rents Hereditaments and Premises with their appurtenances in the said County of Monmouth the said Capital Messuage called by the name of St. Julians and the Lands late in the tenure or occupation of John Morgan Esquire and the Lands and Tenements whereof the use is herein before limited to the said Richard Herbert party to these presents or the Survivor of them in possession alwayes excepted and reserved to and for the Joynture of any wife or wives which he the said Edward Lord Herbert shall hereafter happen to marry for and during the natural life and lives of such wife and wives or for any number or term of years determinable upon her or their life or lives the same to take effect after the death of the said Edward Lord Herbert and that then and so often and from thenceforth the said Recovery or Recoveries shall be and enure and the Recoverer and Recoverers therein named his and their heirs shall stand and be seized of and in the said Mannors Messuages Lands Tenements and Hereditaments in the said County of Monmouth with their rights members and appurtenances or of or in so much or such part thereof of for and concerning the which such Indenture Deed
or Writing shall be made by the said Edward Lord Herbert as aforesaid for the Joynture of any such Wife or Wives or number of years determinable upon her or their life or lives as aforesaid according to the true intent and meaning of the same Indenture Deeds and Writings and of these presents And it is hereby declared and agreed by and between the said Parties hereunto that the said sum of 1000 l. herein before mentioned or such less sum as aforesaid to be paid by the said Edward Lord Herbert to the said Richard Eaton as aforesaid shall go and be employed upon the trust herein after following viz. in case the Debts and Sums of Money mentioned in the Schedule hereunto annexed be not then paid then the same or so much thereof as shall be sufficient to pay and satisfie such of the said Debts or Sums of Money mentioned in the said Schedule hereunto annexed as the said Jo. Earl of Bridgewater and Edward Herbert party to these presents or the Survivor of them and his heirs shall think fit shall be disbursed and employed to that purpose and after the said Debts and Sums of Money or such of them as the said Jo. Earl of Bridgewater and Edward Herbert shall think fit shall be paid or satisfied then the surplusage if any be of the said One thousand pounds or such less sum as aforesaid shall be disposed and employed for the purchasing and buying of Lands Tenements and Hereditaments to be setled on the said Edward Herbert party to these presents for and during the term of his natural life and after his decease to the use and behoof of such person and persons and in such manner and form as the said Lands Tenements and Hereditaments in the County of Monmouth herein before limited to the said Richard Herbert party to these presents for his life with remainder over are limited estated and setled Provided alwayes and it is covenanted granted condescended concluded and agreed by and between all the said parties to these presents and the true intent and meaning of them and every of them and of these presents is that if the said Richard Herbert party to these presents or some other person or persons to whom any Estate is hereby limited or intended to be limited of and in the said Mannors Lands Tenements and Hereditaments within the Kingdome of Ireland or any of them their or some of their heirs or assigns or some of them shall not within two years next after the decease of the said Edward Lord Herbert well and truly pay or cause to be paid of the said Edward Herbert Son of the said Edward Lord Herbert if he the said Edward Herbert Son to the said Edward Lord Herbert shall so long live the sum of 2000 l. of c. that then and immediately after such default of payment all and every use and uses herein before limited and declared as for and concerning all and every the Mannors Lands Tenements and Hereditaments within the Kingdom of Ireland shall cease and be void and then also and from henceforth the said recovery and recoveries so as aforesaid or in any other sort to be had and suffered and the Recoverer and Recoverers therein named his and their heirs shall stand and be seized of and in all and singular the Mannors Lands Tenements and Hereditaments with their appurtenances within the said Kingdom of Ireland to the use and behoof of the said Edward Herbert Son of the said Edward Lord Herbert his heirs and assigns until he or they shall and may out of the Rents Issues and Profits thereof have fully levied and received the said sum of 2000 l. together with consideration after the rate of 8 l. per centum per annum for the forbearance thereof from the end of the said two years next ensuing the death of the said Edward Lord Herbert and all Damages Costs and Charges which he the said Edward Herbert Son of the said Edward Lord Herbert his Heirs Executors or Administrators shall sustain to be put unto in or about the recovery of the said premises or of the said sum of 2000 l. or any part thereof or in or about any Suit concerning the same Provided also and it is covenanted granted condescended concluded and agreed by and between the said parties to these presents and the true intent and meaning of them and every of them and of these presents is That it shall and may be lawful to and for the said Richard Herbert party to these presents by Indenture or by any Deed or Deeds Writing or Writings indented or poll to be by him the said Richard Herbert party to these presents sealed and subscribed in the presence of two or more credible Witnesses to declare limit or appoint all or any of the said Mannors Lordships Messuages Lands Tenements Hereditaments and Premises in the Kingdom of Ireland to and for the Joynture of any Wife or Wives which he the said Richard Herbert shall hereafter happen to marry or to take to Wife for and during the natural life or lives of such Wife or Wives or for any number or term of years determinable upon her or their life or lives the same to take effect upon the decease of the said Edward Lord Herbert and Richard Herbert and the Survivor of them to be subject to the use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert and his Heirs in the manner aforesaid and then and from thenceforth the said recovery and recoveries shall be and enure and the Recoverer and Recoverers therein named his and their Heirs shall stand and be seized of and in the said Mannors Lordships Messuages Lands Tenements Hereditaments and Premises in the Kingdom of Ireland with the rights members and appurtenances thereof or of or in or so much or such part thereof for or concerning which such Indenture Deed or Writing shall be made by the said Richard Herbert as aforesaid for the life of any such Wife or Wives or number of years determinable upon her or their life or lives as aforesaid according to the true intent and meaning of the said Indenture Deeds or Writings and of these presents subject nevertheless to the said use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert his Heirs and Assigns in manner aforesaid Provided also and it is nevertheless covenanted concluded condescended and agreed by and between the said Parties to these presents that it shall and may be lawful to and for the said Richard Herbert party to these presents at all or any time or times hereafter during his natural life being then actually seized of the immediate estate of Free-hold in possession of or in the said Mannors Lands Tenements Hereditaments and Premises or any of them by virtue or means of the said Recoveries or any of them and of these presents or of any the limitations of uses herein limited to demise or to Farm-let by Indenture
Edward Lord Herbert and his Heirs in the manner aforesaid shall cease determine and be utterly revoked frustrate and made void and then also it shall and may be lawful to and for the said Richard Herbert party to these presents by the same Deed or Deeds or by any other Deed or Deeds to be signed sealed and delivered by him the said Richard Herbert as aforesaid to declare limit or appoint any other new use or uses estate or estates whatsoever of the said premises of for or concerning which any such revocation shall be so made or any part or parcel thereof unto any person or persons whatsoever subject nevertheless to the said use herein before limited to the said Edward Herbert Son of the said Edward Lord Herbert and his Heirs in the manner aforesaid any thing in these presents contained to the contrary thereof in any wise notwithstanding and that then also and from thenceforth the said recovery and recoveries as to such of the premises concerning which any such revocation and new declaration shall be so made to such uses intents and purposes as the said Richard Herbert party to these presents by any such Deed or Deeds as aforesaid shall declare limit or appoint Provided also and it is c. that if the said Edward Lord Herbert and Richard his Son shall both of them be minded to make sale of the Mannors Lands Tenements and Hereditaments within the County of Monmouth or any of them other than such as herein are before limited to the said use of the said Richard Herbert party to these presents and his Heirs in possession which Sales is not meant or intended by any of the parties to these presents to be made but for raising of money to be imployed and bestowed upon the purchase of some other Lands of as good value or in some other place or places to be setled and estated to the same uses and estates and with the same powers and provisoes and in the sort and manner as those Lands so to be sold are hereby limited and mentioned to be setled and estated and being both so minded shall at any time during their Joynt-lives by any Deed or Deeds Writing or Writings to be by him the said Edward Lord Herbert and Richard Herbert his Son party to these presents sealed and subscribed in the presence of two c. declare and publish their mind intent and meaning to be to revoke alter and frustrate the said uses and estate before in these presents mentioned declared limited or appointed or any of them or for or concerning the said last mentioned Mannors and Premises or any of them or any part or parcel thereof or any of them that then from and after such Declaration or Publication so to be made as aforesaid the same use and uses estate and estates in and by these presents limited expressed declared or appointed of for or concerning the which any such declaration or limitation shall be made as aforesaid shall cease and become utterly void frustrate and of none effect to all intents constructions and purposes whatsoever and that then and from thenceforth the said recovery and recoveries so as aforesaid or in any other sort to be had and suffered shall be and enure and the Recoverer and Recoverers therein named his and their Heirs shall stand and be seized of and in the said Mannors Lands and Premises last mentioned or so much or such part thereof concerning which any such Declaration or Publication shall be made as aforesaid to such uses intents trusts and purposes as the said Edward Lord Herbert and Richard party to these presents by any Deed or Deeds c. sealed and subscribed in the presence of two c. shall declare limit or appoint And it is further c. for the considerations aforesaid that in case any of the said Mannors intended to be comprized in the said Fine or Fines Recovery and Recoveries shall be omitted or left out and not be comprized in the said Fine or Fines Recovery or Recoveries or in case there shall happen to be any defect in the assurance of the premises or any of them according to the true c. that they the said Edward Lord Herbert and Richard Herbert party to these presents their Heirs and Assigns and all and every other person and persons which now are or hereafter shall be seized of and in such of the said Mannors c. as shall be so omitted or left out and not to be comprized as aforesaid or whereof such Fine or Fines Recovery or Recoveries shall not be levied and had or whereof the assurance hereby intended to be made shall be any way defective shall stand and be seized thereof and every part and parcel thereof with their and every of their appurtenances and the reversions thereof to and for the several and respective estate and estates thereof herein before severally and respectively limited unto them or any of them as aforesaid under the several Provisoes herein before mentioned and to none other uses intents and purposes In witness c. J. W. being seized of a Mannor and other Lands conceiving he should die without Issue and intending to settle the same to good uses by Deed granteth and conveyeth the same to A. B. C. c. in trust to the use of himself for life and after of Rachel his wife for life the remainder to the Heirs of his Body and in default of such Heirs to grant the same as he should by Will or other writing limit or appoint c. with several Provisoes c. THis Indenture made c. between J. W. of c. of the one part and A. B. C. D. c. of the other part witnesseth That the said J. W. for and in consideration of the better confirmation and strengthening of a Joynture already made and granted to R. his now wife and for her better maintenance and livelihood in time to come and for the natural love and affection which he the said J. W. beareth to the Heirs of his body begotten and to be begotten and for setling and establishing of the Inheritance of the Lands and Tenements hereafter mentioned to and in the said A. B. C. D. c. and their Heirs to the uses intents and purposes hereafter specified Hath given granted enfeoffed and confirmed and by c. unto the said A. B. C. D. c. their Heirs and Assigns for ever all that the Mannors Capital Messuages and Farm of B. in c. with the rights members and appurtenances thereof and all that the Advowson Patronage and Gift of the Parish-Church of B. and all and all manner of Houses Edifices Dove-houses c. and all those Thirteen Messuages or Tenements c. and all Shops Cellars Sollers c. and all other the Messuages Lands Tenements Reversions Services and Hereditaments whatsoever which he the said J. W. standeth seized of any Estate of Inheritance within the Counties of c. aforesaid or else-where within the
their use testifying the receipt thereof and the said sum of c. had and received as aforesaid thereout to satisfie and pay unto the said T.C. his Executors Administrators and Assigns the said sum of c. on the said c. in discharge of the recited Obligation and the remainder of the same to detain and keep to the onely use and behoof of me the said R.B. my Executors Administrators and Assigns and thereof be accomptable giving and by these presents granting unto the said R.M. his Executors Administrators and Assigns full power and lawful authority for me and in my name stead and place to do or cause to be done all and every such act and acts thing and things as he or they shall think meet or requisite to be done concerning the premisses by these presents as if I my self were then and there personally present And I shall and will ratifie allow and maintain all and whatsoever the said R. M. his Executors or Assigns shall lawfully do or cause to be done in or about the premisses by these presents In witness c. A Letter of Attorney to make Leases of Lands and to make sale of Woods and Goods and to make a Grant of a Stewardship during pleasure TO all c. E.M. of c. and wife of me the said E. Daughter and heir of c. and sole Executrix of the last Will and Testament of T. S. Esquire deceased send greeting in our Lord God everlasting Know ye That we the said E. and M. for divers good and reasonable causes and considerations us especially moving have given and granted and by these presents do give and grant unto our very trusty and well-beloved Friend J.T. of c. the Office of the Stewardship of all those our Mannors Lordships Lands Tenements and Hereditaments within the Counties of c. late the Lands and Tenements of the said T. S. and him the said J. T. Steward of the said Mannors Lands and Tenements do by these presents nominate appoint make create and constitute to have exercise use and hold the said Office with the appurtenances unto the said J.T. for and during our will and pleasure and we do by these presents further give and grant unto the said J.T. full power liberty license and authority for us and in our names not only to demise grant let and to set out by Copy or Court-Roll according to the customes of the said Mannors respectively to such person or persons in Fee-simple Fee-tail or term of life lives or years and for such fines rents and services as to the said J. T. shall be thought meet and convenient all such Copy-hold and customary Lands of the said Mannors or any part or parcel thereof which now are demisable or grantable or lawfully may be demised granted or set out within the said Mannors or any of them but also to do perform execute use and accomplish all and every other acts things demise or matter which any Steward or Stewards of the premisses or any of them at any time heretofore might or could do or which we may or can in any wise licence or authorize the said J.D. or give commission or power unto him to do execute perform or undergo And furthermore we the said E. and M. for divers good considerations and upon mature advice and deliberation have given and granted and by these presents do give and grant unto the said J.T. and our trusty servants J.E. and C.B. or to two of them whereof the said J.T. to be one full power liberty licence and authority for us and in our names by writing indented or otherwise to demise grant let and to set out for life lives or years all and singular the said lands tenements and hereditaments or any part or parcel thereof to such person or persons and for such sum and sums of money and for such rents and services and with and under such covenants conditions limitations articles and agreements in such manner order form and sort as to the discretion of them the said J. T. J. E. and C.B. or two of them whereof the said J.T. to be one shall seem meet and convenient and also to grant bargain and sell the Woods Trees and Under-woods of the premisses and every or any part and parcel thereof and to grant bargain and sell all such goods chattels and substance which we or either of us have or ought by any means or title to have within the said Counties to such person or persons and for such sum and sums of money and in such manner and form as to the said J.T. J. E. and C. B. or two of them whereof the said J.T. to be one shall be thought good and reasonable And moreover we the said F. and M. have named appointed ordained and constituted the said J. T. or two of them whereof the said J. T. to be one our true and lawful Atturneys to ask demand recover levy receive and gather in our names and to our use not onely all such rents and arrearages of rents debts duties and services that by any means degree or sort are due and payable unto us or either of us or that we ought or should have of any person or persons within the said Counties and in our names or in the name of either of us as the case shall require to sue arrest and implead such of the said persons as will not make payment of the said rents services debts and duties and of every of them and to sue execution upon any condemnation in that behalf and also in our and either of our names to make seal and deliver releases acquittances or other discharges of or for the said rents debts duties and services in every or any of them to any person or persons in such manner sort and form as to the said I.T. c. or to two of them whereof c. shall be thought meet and convenient and whatsoever the said I. T. shall do in c. for or touching the demising granting or setting out of the said Copyhold or customary Lands as a Steward of the premisses aforesaid and whatsoever the said I. T. c. or any two of them whereof c. to be one shall do use or cause to be done in for or touching any other thing or matter before mentioned we do by these presents grant and promise for us our heirs executors and administrators to establish ratifie confirm stand to allow avow as fully and as perfectly to all intents constructions and purposes as though the same were done by us our selves actually in our proper persons In witnesse c. A Warrant for an Attorney to confess a Judgement in case satisfaction be not made by a certain day MAster Barnet Whereas I E. F. Esquire together with C. D. c am and stand bound by Obligation in the Sum and Penalty of c. conditioned for payment of c. at a certain day long since past if in case I the said E
aforesaid to be chosen shall from time to time be had made and given up in writing for and the behalf of the said parties as touching any the variances or differences a●orsaid without any further coven or deceit In witness c. An acknowledgment of a trust in an Indenture of bargain and sale THis Indenture made c. whereas T. W. of c. by this Indenture of bargaine and sale bearing date c. for the consideration therein mentioned did grant bargain and sell unto he said I.H.S.T.A.P. and R.L. their heirs and assigns for ever all that Mannor c. recite the bargain and sale to the end of the Habend as in and by the said Indenture of bargain and sale amongst divers other Covenants grants and agreements therein contained more at large it doth and may appear Which said recited Indenture of bargaine and sale was so made unto the said I.H.S.T. and A.P. of meet and special trust and confidence to and for the only use benefit and behoof of the said S.S. his Heirs and assigns Now this Indenture witnesseth that the said I.H. c. do hereby confess and acknowledge that the said recited Indenture of bargain sale was and is made to and in the names of them the said I. H. c. of meer and special trust and confidence to and for the use and beh●of of the said S.S. his Heirs and Assigns for ever And further the said I H. c. in accomplishment and performance of the trust and confidence aforesaid do for them and every of them covenant and grant joyntly and severally to and with the said S.S. their Heirs Executors Administrators and assigns by these presents that they the said I. H. c. their Heirs and assigns shall and will from time to time hereafter upon reasonable request therefore to be made and at the costs and charges in the Law of the said S.S. his Heirs and Assigns bargain sell convey and assure the said Mannors and all and singular other the premises by the said recited Indenture of bargain and sale granted sold or meant mentioned or intended to be thereby bargained and sold and every part and parcel thereof with their and every of their appurtinances unto the said S.S. his Heirs Assigns for ever in such sort man●r and form as by the said S.S. his Heirs Assigns or his or their Council learned in the Law shall be reasonably devised or advised vised and required so alwayes that the same Conveyances or Assurances or any of them contain no further or other warranties than only against the said J. H. c. and their Heirs And further That at any time of the making and passing of such Conveyance or Assurance as aforesaid the said Mannor and all and singular other the Premisses shall be free clear and discharged of and from all and all manner of former bargains sales gifts grants and incumbrances whatsoever then before had made committed or d●ne by them the said J H. c. or any of them or of or by any other person or persons whatsoever lawfully claiming by from or under them or any of them In witnesse c. An acknowledgment of a Trust by a Deed-Poll of a Lease TO all c. I T.M. of c. send greeting c. Whereas C. D. of c. by one Indenture of Lease made between c. and c. hath demised c. as in and by c. Now know ye That I the said T. M. do hereby confess and acknowledge that the Lease or demise of the Premisses aforesaid was and is made to and in the name of me the said T.M. in trust and confidence and to the intent that I the said T.M. should upon the request of the said E. G. her Executors Administrators or Assigns assign and convey the said Lease and Premisses to her the said E.G. her Executors Administrators or Assigns or to such other person or persons as she or they in that behalf shall name or appoint and therefore in accomplishment and performance of the trust and confidence aforesaid I the said T.M. for me mine Executors and Administrators do covenant and grant to and with the said E.G. her Executors Administrators or Assigns by these presents That I the said T.M. my Executors Administrators and Assigns shall and will from time to time upon the reasonable request and at the costs and charges of the said E.G. her Executors Administrators or Assigns assign and set over the above-mentioned premisses and every of them and all the estate and interest of me the said T.M. my Executors and Administrators in and to the same clear and discharged of all incumbrances by us or any of us to be done or committed unto the said E.G. her Executors or Administrators or to such person or persons as she or they shall name or appoint In witnesse c. A Conveyance of Lands to the use of a mans Heirs with the profit during the Heirs minority limited to the payment of the Donors debts and porformance of the Testament THis Indenture made c. between the Right Honourable W. Viscount Hereford c. of the one part and the Right Honourable A. Lord Grey alii c. on the other part witnesseth That the said Viscount for and in consideration of the Fatherly good-will favour and affection which the said Viscount beareth towards R. and W. the two Sons of the said Viscount and for the advancement and preferment of the Heirs males of the body of the said Viscount lawfully to be begotten and for other the considerations hereafter in these Presents mentioned and expressed hath given granted enfeoffed and confirmed and by these presents doth give grant enfeoff and confirm unto the said A. Lord Grey c. all those his Mannors c. with all and singular Liberties Courts Views of Frank-pledge Fairs Commodities Franchises Priviledges Jurisdictions Preheminences Emoluments and Appurtenances whatsoever to or with the said Mannors Lands Tenements or Hereditaments used or enjoyed in or out of the same or any of them or any part or parcel thereof issuing renewing happening used or exercised and all c. To have and to hold c. to the said A. L. G. c. and their Heirs for ever to the use and behoof of the said V. for term of his life without impeachment of waste and after the decease of the said V. and during the time that the said R. D. Son and now Heir apparent of the said V. or any other being the heir of the said V. shall be under the age of 21 years and untill some Heir of the said V. shall have accomplished the full age of 21 years to the use of the said A. L. G. and the Survivors and Survivor of them and the Executors Administrators of the Surveyor of them upon trust and to the intent and purpose that the said A. L. G. c. and the Survivors and Survivor of them and the Executors and Administrators of the
wives their Executors or Administrators to whom any such the goods chattels money plate or jewels shall fortune to grow or come shall divide the same into four equal and several parts and shall retain to his or their use one part thereof and the other three parts shall be severally delivered unto the other three parties to these Indentures to their several Executors or Administrators equally within two moneths after they shall fortune to have or come by the possession of any such goods chattels plate jewels money c. In witnesse c. A Defeazance upon a Statute excellently well penn'd it being for the payment of Two thousand pounds at the end of six moneths and of 200 l. per annum during life THis Indenture made the c. day of c. in the c. of our Lord God c. between B. P. of London Widow of the one part and W. P. of London aforesaid Esquire Son unto the said B. of the other part Whereas the said W. P. hath lately sold and conveyed the Mannor of L. in the County of W. and divers Lands thereunto belonging unto Sir W. P. Knight and the said B. P. hath joyned with him the said W. L. in the Fine thereof levied part of which said Mannor and Lands of the value of 200 l. per annum were heretofore setled and assured upon her the said B. for her life for her Joynture by W. P. Esquire deceased her late Husband and whereas the said W. P. is indebted to the said B. the Sum of Two thousand pounds of lawful money of England which hath remained in his hands for some years last past and by agreements between them the said W. P. hath hitherto paid the Sum of 200 l. per annum as interest or consideration for forbearance of the said Money and is still to pay the like Sum so long as the 2000 l. shall remain in his hand And whereas also the said W. P. by one Recognizance or Writing Obligatory of the nature of a Statute of the Staple bearing date the first day of this instant Moneth of April taken and acknowledged before Sir J. B. Knight Lord Chief Justice of the Court of Kings Bench at Westminster according to the form of the Statute in that case made and provided for the recovery of debts standeth bound unto the said B. P. in five thousand pounds of lawfull money of England payable as by the said recited recognizance or writing obligatory more plainly may appear Now this Indenture witnesseth that the said B. P. is contented and pleased and doth for her self her Executors and Administrators covenant promise grant and agree to with the said W. P. his heirs Executors Administrators and Assigns and to and with every of them by these presents That if the said W. P. his Heirs Executors Administrators or Assigns or any of them do pay or cause to be paid to the said B. P. or her Assigns the sum of 200 l. of lawfull money of England yearly for and during the natural life of her the said B. at two usual Feasts or terms in the year that is to say the Feasts of St. Michael the Arch-angel and the Annunciation of the blessed Virgin Mary by even and equal portions or within one and twenty dayes next after either of the said Feasts the first payment thereof to begin at the Feast of c. now next ensuing or within 21 dayes next after the said Feast And likewise if the said W. P. his Heirs Executors or Administrators or any of them do and shall well and truly pay or cause to be paid to the said B. P. her Executors or Administrators or Assigns the sum of two thousand pounds of lawfull money of England within six months next after notice or warning given to that purpose to the said W. P. his Heirs Executors or Administrators by any writing to be subscribed and sealed by the said B. P. her Executors or Administrators in the presence of two credible witnesses or more and shall in the mean time until the payment of the said 200 l. pay or cause to be paid unto the said B. her Executors Administrators or Assigns after the rate of One hundred pounds per annum according to the Agreement aforesaid the same to be paid by 50 l. every half-year and the first payment thereof to be made on the Feast-day of c. or within one and twenty dayes next after the said Feast now next ensuing the date thereof that then the said recited recognizance or writing obligatory shall be void and of none effect or else the said W. P. for him his Heirs Executors and Administrators covenanteth willeth and granteth by these presents that the said recognizance or writing obligatory shall stand and remain in full force and vertue An Assignment of a Statute by an executor to two of the Creditors of the Testator in lieu and satisfaction of their Debts of the same value singularly well dra●n THis Indenture made c. between I C. of the Inner-Temple London Esquire Son and Administrator of the Goods and Chattels of W. C. late Citizen and Scrivener of London Deceased of the one part and M. W. of London Widow and H. I. of London Gentleman of the other part Whereas the said W. C. at the time of his death stood indebted unto the said M. W. in the Sum of 100 l. principal debt and to the said H. I. in the sum of 200 l. principal debt besides interest of the said debts And whereas Sir T. P. of N. in the C. of D. Knight in and by one recognizance or statute in the nature of a statute-staple bearing date the 20 day of July in the ninth year of the Reign of the late King Charles and made according to the Statute made and proceed for recovery of debts taken and knowledged before Sir R. H. Knight then Lord Chief Justice of his Majesties Court of Common-Pleas at Westminster is and standeth bound unto the said W. C in the sum of six hundred pounds of lawfull money of England payable at the Feast of Saint James the Apostle then next ensuing as by the said Statute more at large appeareth Now this Indenture witnesseth that the said J. C. for and towards the payment and satisfaction of the said debts due unto the said M. W. and H. I. hath given granted assigned and set over unto the said M. W. and H. I. their Executors Administrators and Assigns the said Recognizance or Statute and all his right and interest therein and all actions extents and executions to be had and prosecuted upon the same in as large and ample manner and form as he the said J. C. hath or at any time hereafter may or might have by force of the said Statute And further the said J. C. doth by these presents constiture authorize and make the said M. W. and H. I. his true and irrevocable lawful Atturney and Atturneys joyntly and severally to s●e prosecute all manner
said W. F. his heirs and assigns into the said premisses to re-enter and the same to have again as in and by the said recited Indenture c. appeareth And whereas the said W. F did not pay nor cause the said Sum of 50 l. to be paid neither is the same yet paid unto the said T. F. according to the Proviso or Condition in the said recited Indenture of Lease mentioned by reason whereof all the said Messuage and Premisses became absolutely forfeited unto the said T. F. for all the said term of 500 years in the said recited Indenture mentioned Now these presents witness That the said R. F. being Son and Heir of the said W.F. deceased for and in consideration of the Sum of 28 l. more of currant money of E. to him in hand paid c. and for other good causes and considerations him moving hath and hereby doth absolutely grant ratifie and confirm the aforesaid Lease and all the Estate and term for years therein and thereby demised and granted or mentioned to be demised and granted And also doth hereby fully and absolutely release the said Condition and assure all and every Condition and Conditions whatsoever in the said recited Indenture of Lease contained And also the said R.F. for the consideration aforesaid doth hereby grant demise confirm and unto the said T.F. his Executors Administrators and Assigns the aforesaid Messuages or Tenement Cottage Closes Lands and all other the premisses for all the foresaid term and number of 500 years by the said recited Indenture of Lease demised or thereby mentioned to be demised and doth also hereby grant and release unto the said T. F. his Executors and Assigns the aforesaid yearly Rent of 1 l. by the said recited Indenture reserved and all the arrerages thereof To have and to hold all the said Messuage or Tenement Cottages Closes Lands and all other the premisses with their and every of their appurtenances in the said recited Indenture mentioned and the said yearly rent unto the said T.F. his Executors Administrators and Assigns for and during all the rest and residue of the said term and number of 500 years in the said recited Indenture of Lease mentioned and now to come and unexpired freely and absolutely without any Proviso or Condition whatsoever Cum Covenantis proprecata fruitione ab Incumbram ulterior Assurand In witnesse whereof c. An Indenture upon Marriage and for setling Lands to uses and a Declaration of a Fine lovied to those uses THis Indenture made c. between J. S. Esq second Son of the Right Honourable H E. of W. on the one part and A. Lady D. of c. and Sir T. W. of c. on the other part Whereas the said E. and A. his wife Recital of being seized in the County of W. are now seized for the term of their lives and for the life of the longer liver of them of and in all that the Mannor of G. and the Lands Tenements and Hereditaments called C. P. and of the Burrough of C. and of the Advowson and free gift of the Parsonage of the Church of C. with all and singular the rights members and appurtenances thereof in the C. of D. and of divers Messuages Lands Tenements Rents Woods Wood grounds and hereditaments to the said Mannor and premisses belonging or appertaining without Impeachment of wast the Reversion or Remainder thereof to the said J. S. and the heirs of the body of the said J. S. lawfully to be begotten And for want of such Issue the Remainder to the right heirs of the body of the said E. and C. And for want of Heirs issuing of the body of the said E. and C. the Remainder then to the right and next heirs of the said C. for ever Recital of the Marriage And whereas there is a Mareiage by Gods Grace intended shortly to be had and solemnized between E. Lord H. Son and heir apparent of the said E. and C. and E.D. sole Daughter of the said A. Lady D. they the said E. and C. and the said J. S. for settling of the Inheritance of the said M. and premisses to the uses hereafter expressed and declared have this present time of the holy Trinity in the year above-said acknowledged and levied one Fine in due form of Law before his Majesties Justices of his Court of Common-Pleas at Westminster Recital of the Fine unto the said A. Lady D. and Sir T.W. and to the heirs of the said A. Lady D. amongst other Mannors Lands Tenements and Hereditaments in the said Fine contained of and for all that the said Mannor of C with the appurtenances And of all Lands Tenements Meadows Pastures Feedings Commons Woods Wood-grounds Wasts Moors Heaths Liberties Franchises Jurisdictions Advowsons Presentations Emoluments and Hereditaments whatsoever to the said Mannor and premisses or any part or parcel thereof belonging or appertaining or accepted reputed taken known or demised letten used occupied or enjoyed as part parcel or member thereof or any part thereof And whereas the said E. and C. by Indenture tripartite under their Hands and Seals dared with these presents have expressed and declared that the said Fine so levied of and for the said Mannor of C. and premisses herein contained should be and enure to the use and behoof of them the said E and C. for and during the term of their two lives and the life of the longer liver of them without Impeachment of or for 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. during the term of his natural life and from and after hi● decease the Remainder thereof to the Heirs males of the body of the said E. Lord H. to be begotten on the body of the said E. the remainder thereof to the right heirs of the said C. as by the said Fine and recited Indenture purporting and declaring the use aforesaid it doth and may appear Now this Indenture witnesseth Intention of Parties and it is hereby covenanted concluded declared and agreed by and between all the parties to these presents and the true intent and meaning of the said J S. and of all the parties to these presents and to the said Fine at the time of levying thereof for and concerning the said Mannor of C. with the rights members and appurtenances thereof was and now is that the said Fine should be and enure and hereby and by all the parties to these presents is declared and expressed to be and enure and the Cognizees of the said Fine and their heirs shall stand and be seized of the said Mannor of C. with the rights members and appurtenances thereof To the uses intents and purposes hereafter expressed limited and declared that is to say The Uses To the use and behoof of them the said E. and C. for and during their two lives and the life of the longer liver of them
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
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.
ordained and established the above-bounden c. Bayliff of the c. for and during all such time as the said c. shall be and continue High-Sheriff of the said County If therefore the said c. during all the time aforesaid do well and truly execute all warrants precepts process and commandments to him hereafter to be directed from the said c. and c. Gent. his Under-Sheriff his or their Deputy or Deputies and due and sufficient returns do well and truly make and also do give notice of the execution thereof unto the said High Sheriff or Under-Sheriff in convenient time before the returns of the same and the fees of them and of and for every other cause matter or thing whatsoever happening within the said c. due and payable within one month next after the receipt thereof do pay or cause to be paid to the said High-Sheriff or under-Sheriff his or their Deputy or Deputies And that the said c. do not ask or levy any Fee or Fees due to the said High-Sheriff or Under-Sheriff for the executing or doing of any warrant or precept whatsoever but such as are warranted and justifiable by the Laws Statutes and Customs of this Nation And do also well and truly execute and return all Warrants Precepts Distring of Fieri facias and process to him directed from the Justices of Assize and Goal-Delivery Justices of Oyer and Terminer Justices of the Peace Coroners Commissioners of the Sewers Clerk of the County and from all other Officers Commissioners and Ministers of the Kingdom having authority during all the time aforesaid and further do levy and gather all such Sums of money as the said High-Sheriff shall be charged with by reason of the said Office and leviable within the said c. being written or extracted to the said Bayliff from the said High-Sheriff or Under-Sheriff and do pay or cause to be paid to the said High-Sheriff or Under-Sheriff the Sums of money within one moneth after the receipt of the said extract or writing And also if the said Bayliff do well and truly pay or cause to be paid to the said High-Sheriff or Under-Sheriff the Sum of c. of lawful money of England for the Fee-farm of his c. and all other Rents and Fee-farms at the Feast of the Aununtiation of the blessed Virgin Mary and St. Michael the Arch-Angel by even and equal portions due to the King within the said c. And also if the said Bayliff do deliver or cause to be delivered in writing unto the said High-Sheriff or Under-Sheriff before c. next coming the names of all such Free-holders within the said c. which have Four pounds per annum Free-hold or more together with the names of the Towns wherein they dwell and also the names of the Towns Villages and Hamlets within the said c. And the Towns and Villages which ought to have Return and Execution of Writs And also if the said Bayliff shall give his personal Attendance upon the High-Sheriff and Under-Sheriff as well at the County Court and such general Quarter-Sessions which the Bayliff of the said c. have usually in former times attended as also at all other times when the said High-Sheriff or Under-Sheriff shall require his attendance and shall carefully and diligently do and execute whatsoever he shall be lawfully required to do at Assizes Goal-Deliveries County-Court Quarter-Sessions Coroners Enquest and all other Services to be done for the Kingdom and all and every person and persons whatsoever and at all and every time and times upon every reasonable request to him in that behalf to be made And also shall be attendant upon the said High-Sheriff and Under-Sheriff his or their Deputy or Deputies and Officers in and about conveying of prisoners to and from the Goal c. or to and from any place or prison whatsoever to be appointed by the said High-Sheriff or Under-Sheriff And also at the Execution of prisoners aforesaid and not to depart before Execution of the prisoners fully be had and done and shall well and truly execute the Office of a Bayliff in all things during the said time And if the said Bayliff do take any distress upon every Alias or Plures Distringas which issue and be directed to him out of the County-Court to be holden for the said High-Sheriff and do make due and lawful Returns of the same and do safely keep such distresse so taken for the use of the said High-Sheriff in case the same be forfeited And also if the said c. his Executors and Administrators do at all and every time and times hereafter defend save keep harmlesse and indemnified the said High-Sheriff and his Under-Sheriff his and their Heirs Executors and Administrators and every of them and his and their Lands Goods and Chattels as well from and against the King and all and every person and persons whatsoever concerning the premisses or any part of them and also for and concerning the escape or escapes of any prisoner or prisoners that shall be in the custody of him the said c. within the said County by him arrested to him hereafter to be committed upon any Warrant Precept or Commandment from the said High-Sheriff or Under-Sheriff And for and concerning every other matter cause or thing whatsoever appertaining to his said Office and the Secrets of the said High-Sheriff shall keep undisclosed and unrevealed in all things that are lawful and shall also within convenient time deliver or cause to be delivered all Precepts Warrants and Extracts to other Bayliffs of the said County according to the Directions he shall receive from the said High-Sheriff or Under-Sheriff or any other by his or their commandment or appointment Then this present Obligation shall be void and of none effect or else shall stand remain and be in full force power effect and vertue A Condition to save harmless for payment of several Legacies THe Condition of this Obligation is such That whereas M. D. late of St. I. in the County of M. Widow deceased by her last Will and Testament in Writing bearing date the c. of c. in the year of our Lord God c. did amongst other Legacies and Bequests give and bequeath unto J.S. the Son of the within bounden W.S. c. of lawful money of England and to T. S. Daughter of the said W.S. one Pewter-platter one Pewter-Dish three Pewter Saucers and five shillings of lawful money of England and also to S.S. another of the said Daughters of the said W.S. five shillings of like money as by the same Will more at large appeareth which said Sums of five shillings a piece Pewter-platter Pewter-Dish and three Saucers the within named J. S. Executor of the last Will and Testament of the said M. D. hath at the request of the said W. S. at and before the sealing and delivery hereof paid delivered and disbursed unto the said W.S. for the use and behoof
this effect following viz. In consideration whereof the said R. L. and G. L. for themselves their Heirs Executors and Assigns and every of them do covenant and grant to and with c. by the se presents That if neither the said H.H. his heirs or assigns nor any of them do pay the said Sum of 4000 l. c. to the said R. L. and G. L. their Heirs Executors Administrators and Assigns nor to any of them according to the intent and true meaning of the said proviso or condition before herein mentioned that then they the said R. L. and G. L. their Executors Administrators or Assigns or some of them shall and will well and truly pay or cause to be paid unto the said H. H. his Executors Administrators or Assigns or some of them at the said c. the Summe of 1000 l. c. at or upon the second day of c. as the residue and in full satisfaction of the clear and absolute purchase of the said Mannor or Lordship Lands Tenements and other the premisses without fraud coven or further delay as in and by the said recited Indenture dated the said first day of c. amongst divers other Covenants Grants Articles and Agreements therein contained more plainly at large it doth and may appear Now this Indenture witnesseth That the said H. H. for divers good and sufficient causes and considerations him the said H. H. especially moving hath remised released and quit-claimed and by these presents doth for him and his heirs remise release and for ever quit-claim unto the said R.L. and G. I. in their full and peaceable possession and seisin being of the Premisses and to their heirs and assigns to the only proper use and behoof of them the said R.L. and G. L. their heirs and assigns for ever the said proviso and condition and all and every article matter and clause concerning the same and all and every the said covenants before herein recited and every article sentence and clause concerning the same and every or any of them all the estate right title interest claim condition entry benefit and demand whatsoever which he the said H.H. hath or may might should or ought to have claim of in or to the said Mannor or Lordship of E. Mannors Messuages Lands Tenements Rents Reversions Services c. and all other profits liberties commodities hereditaments and other the Premisses with their and every of their rights members and appurtenances whatsoever mentioned or expressed or intended to be given granted bargained and sold in or by the said recited Indenture dated the said first day of c. and of in and to every part and parcel thereof with the appurtenances and all manner of conditions covenants articles for conditions broken and demands whatsoever of touching or in any wise concerning the said Mannor or Lordship Lands Tenements and other the Premisses or any part or parcel thereof so that neither he the said H. H. nor his heirs or any of them nor any other person or persons for him them or any of them or in his or any of their name or names or in the name or names of them or any of them shall or will at any time or times hereafter ask claim challenge or demand to have any manner of estate right title interest or demand of in or to the said Mannor or Lordship and other the premisses or any part or parcel thereof other than such estates terms and interests as are in the former recited Indenture excepted But that he they and every of them except before excepted shall be thereof and of and from every part and parcel thereof from henceforth utterly barted and excluded for ever by these presents And further the said H. H. doth for him and his heirs confirm the estate of the said R. L. and G. L. of and in the said Mannor or Lordship Messuages Lands Tenements and other the Premisses To have and to hold all the said Mannor or Lordship Lands Tenements and other the Premisses to the said R. L. and G. L. their heirs and assigns for ever absolutely without any manner of condition whatsoever to the only proper use and behoof of them the said R. L. and G. L. their heirs and assigns for ever And the said H.H. and his heirs the said Mannor or Lordship Lands Tenements Hereditaments and all and singular the Premisses with their and every of their appurtenances unto the said R.L. and G. L. their heirs and assigns to the only proper use and behoof of them the said R. and L. their heirs and assigns for ever against all men shall and will warrant and for ever defend by these presents And the said H.H. doth also by these presents remise release and quit-claim unto the said R.L. and G.L. their heirs and assigns all manner of Errors Foster Writs of Error and personal demands whatsoever In witnesse whereof c. An Indenture of allotment of several parts of Lands THis Indenture sextipartite made c. between W. C. on the one part E. D. and D. his wife on the second part P. H. and F. his wife on the third part R.P. and M. his wife on the fourth part W.C. and E. his wife on the fifth part and T. L. and F. his wife on the sixth part Witnesseth That whereas divers and sundry Mannors Lands Tenements Rents Reversions Services and Hereditaments with the appurtenances late the inheritance of the late Lady J. B. deceased sometimes wife of the Right Honourable Sir E. B. Knight likewise deceased set lying and being in divers and sundry Countries Shires and places within the Territories of England by and after the death of the said Lady J. B. did lawfully descend and come and of right ought to descend and come unto the said W.C. E.D. and D. his wife P. H. and F. his wife R.P. and M. his wife W.C. and E. his wife T.L. and F. his wife that is to say to the said W.C. as Cosin and one of the coheirs of the said Lady J. B. that is to say Son of the Lady A. C. deceased daughter of the said Lady J. B. by G. C. Knight Lord C. late husband of the said Lady A. now likewise deceased lawfully begotten to the said D. C. and D. his wife in the right of the said D. one other of the Daughters and Co-heirs of the said Lady J. B. To the said P.H. and F. his wife in the right of the said F. one other of the Daughters and Co-heirs of the said Lady J.C. To the said R.P. and M. his wife c. one other of the Daughters and Co-heirs of the said Lady J. B. to the said W. C. and E. his wife as in the right of the said E. one other of the daughters and co-heirs of the said Lady J. B. and to the said T. L. and F. his wife as in the right of the said F. one other of the Daughters and co-heirs of the said Lady J. B. by reason whereof the
to the Summe of c. and given him day of payment for the same c. untill the Feast of c. if in case the said A. B. his Executors Administrators or Assigns do not before or at the said Feast of c. pay or cause to be paid unto the said A. B. his Executors c. the said Sum of c. but shall make default of payment thereof or of any part thereof Then if the within bounden E.F. and G.H. or either of them or the Executors Administrators or Assigns of them or of either of them do well and truly content and pay or cause to be paid to the said A.B. his Executors c. the said Sum of c. or so much thereof as at the said Feast of c. shall happen to be behind and unpaid That then c. To deliver Writings to be cancelled at a day certain and place THe Condition of this c. That if the within bounden A. B. his Executors Administrators or Assigns do before the second day of c. next coming after the date within written deliver or cause to be delivered to the within named C. D. his Executors Administrators or Assigns at or within c. all such Indentures Leases Counter-parts of Indentures and Writings as he the said A. B. or any other by his delivery hath or have touching the Mannors of c. which were made and written before the Eleventh day of c. last past without Fraud or Collusion That then c. To save one harmless for delivery of an Indenture THe Condition c. That whereas the within named A.B. hath the day of the date within written delivered unto the within-bound C. D. one Deed indented bearing date c. made from E.F. to G.H. of c. of certain Lands in c. If therefore the said C.D. his Heirs c. do at all times hereafter and from time to time discharge save and keep harmless the said A. B. his Heirs c. against G. S. of c. and all and every other person and persons whatsoever of for or concerning the delivery of the said Deed and of for and concerning all manner of matters and indemnities which may by any means accrew and be unto or against the said A. B. c. for or by reason of the same That then c. A Letter of Atturney irrecoverable to receive a debt on a Bond with Covenant not to release c. TO all Christian People to whom these presents shall come E. A. of c. in the County of c. Shooe-maker sendeth greeting in our Lord God everlasting Whereas J.D. of c. in the County of c. Widow and N.D. Son of the said J. of c in the said County Shooe-maker by their Bill Obligatory bearing date the c. day of c. do stand bounden to me the said E. in the Sum of c. for the payment of the Summe of c. upon the c. day of c. next ensuing the date of the said Bill Obligatory at or in the then dwelling house of the said E. A. scituate in c. aforesaid which said Bill Obligatory is become forfeited Know ye therefore That I the said E. do by these presents authorize constitute and appoint my well-beloved Friend J.E. of c. aforesaid Butcher my lawful Atturney irrevocable for me and in my name to sue arrest attach prosecute condemn imprison the said J.D. and N.D. or either of them and her his or their bodies goods and chattels in execution to take and out of execution to deliver either upon satisfaction by composition or otherwise at the will and pleasure of my said Atturney acquittances or any other discharges to seal and deliver Atturney or Atturneys to make Councellor or Councellors to retain and the same again to revoke and generally and particularly all and every other matter and thing requisite necessary or behoofefull to execute prosecute do and perform or cause to be so done and performed as fully and largely as I my self might or could do being personally present without any accompt thereof to be yielded unto me my Executors or Assigns and whatsoever my said Attorney shall do or cause to be done in about or concerning the premisses I do by these presents ratifie confirm and allow the same and also do covenant with and by my self to my said Atturney not to revoke disallow discontinue deny or be nonsuited in or otherwise to do any thing that may be hurtful prejudicial or any bar or let therein or thereunto by any means whatsoever In witness whereof I the said E. A. have hereunto set my hand and seal the c. day of c. Sealed and delivered in the presence of A Letter of Atturney from two Executors of a Bond sued to a Judgement to a Creditor of the Testator ALL men shall know by these presents That we T. D. Gent. and R. M. Gent. Executors of the last Will and Testament of T. H. late of c. in the County of c. Esq deceased have made constituted ordained and in our place and steads have put and by these presents do make constitute ordain and in our places and steads do put our trusty and well-beloved in Christ M. F. Widow late the Wife of T. F. late of c. Gent. deceased our true and lawful Atturney for us and in our names and steads but to her own use to ask demand receive and take of Sir H. J. late of c. in the County of c. the debt due and payable unto the said T.H. in his life-time by vertue force or reason of one Obligation or Writing Obligatory bearing date the c. day of c. of the penal Summe of Two hundred pounds conditioned for the payment of One hundred seven pounds ten shillings upon the Feast of c. then next following as in and by the said Obligation and Condition thereof may appear And whereas the said T.H. obtained a Judgment against the said Sir H. for two hundred pounds debt upon the said Bond besides damages or costs of Suit Know ye further That we the said T. D. and R. M. have authorized and given power and by these presents do authorize and give power unto the said M. for and in our names but to her own use to take execution or any other Process upon or by reason of the said Judgment against the said Sir H. his Heirs Executors or Administrators or any of them or against his their or any of their Lands Tenements Goods Cartels and Chattels or any of them and with him them or any of them to compound or agree at her will and pleasure for the same and the benefit and profit thereof to her own use to receive and take and him the said Sir H. to sue arrest implead and imprison and out of prison to set at large discharge and release at her will and pleasure and all and every other thing and things which