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
Countess of B. W. Lord M. Sir F. G. and E. W. or any of them their or any of their Heirs Executors Administrators and Assigns or any of them do and shall well and truly pay or cause to be paid unto the J. W. his Executors Administrators or Assigns the sum of c. in or upon the c. at or in the c. between the hours of c. That then this present demise grant bargain and sale shall be utterly void frustrate and of none effect any thing herein before contained to the contrary thereof in any wise notwithstanding For payment of the money And that the said E. Earl of B. the Lady L. Countess of B. W. Lord M. Sir F. G. and E. W. or some of them their or some of their Heirs Executors Administrators or Assigns shall and will well and truly pay or cause to be paid unto the said J. W. his Executors Administrators or Assigns the said sum of c. in or upon the c. at or in the place aforesaid and between the hours of c. according to the true intent and meaning of those presents And further That the said Close Grounds and other the premises before in and by these presents mentioned to be demised granted bargained and sold now are and be and so during the whole term of c. hereby grantted bargained and sold shall be remain and continue of the clear yearly value of c. over and above all Charges and Reprizes For the quiet enjoying of the premises upon default And moreover if default be made in payment of the said sum of c. herein before in the said Proviso mentioned or any part thereof at the day time and place before mentioned and limited for the payments thereof That then the said J. W. his Executors Administrators and Assigns and every of them shall and may from time to time and at all times during the said term of c. peaceably and quietly have hold use occupy possess and enjoy the said Grounds Lands Tenements Hereditaments and all other the premises herein before mentioned to be demised granted bargained or sold with all and singular their and every of their appurtenances and every part thereof without the let suit trouble denial disturbance expulsion or interruption of the said E. Earl of B. the Lady L. c. W. Lord M. Sir F. G. and E. W. and of all and every other person or persons whatsoever and discharged of and from all other Bargains Sales Gifts Grants Leases Statutes Recognizances Extents Judgments and all Charges Estates Titles Troubles and Incumbrances whatsoever had made committed suffered or done or to be had c. by the said E. Earl of B. the Lady L. Countess of c. W. Lord M. Sir F. G. and E. W. or any of them or by any other person or persons whatsoever For further assurance upon default And further that if default be made in payment of the said sum of c. or any part thereof at the day time and place aforesaid that then the said E. Earl of B. the Lady L. Countess of B. W. Lord M. Sir F. G. and E. W. their Heirs Executors Administrators and Assigns and all and every other person or persons lawfully having claiming or pretending to have or claim any manner of estate right title interest claim or demand whatsoever of in or to the said Closes Grounds Hereditaments and Premises or any part thereof shall and will make do suffer and execute or cause and procure to be done made suffered and executed all and every such further lawful and reasonable act and acts thing and things device and devices in the Law whatsoever for the further better and more perfect assurance surety sure-making and conveying of the said Closes Grounds and Premises with the Appurtenances and every part thereof unto the said I. W. his Executors Administrators and Assigns during the said term of Ninety and nine years according to the intent and meaning of these presents as by the said I. VV. his Executors or Assigns or by his or their Council learned in the Law shall be reasonably devised or advised and required And the said VV. Lord M. Sir F. G. and E. VV. for themselves severally and not joyntly nor one of them for each other their several Heirs Executors Administrators and Assigns and for every of them respectively do covenant promise and grant to and with the said I. W. his Executors Administrators and Assigns and every of them by these presents That if default of payment be made of the said sum of c. or any part thereof at the day time and place aforesaid That then the said I. W. his Executors Administrators and Assigns shall and may from time to time and at all times during the said term of c. peaceably and quietly have hold possess and enjoy the said Closes Grounds and other the premises before mentioned to be hereby demised granted bargained or sold without the lawful let suit trouble denial disturbance expulsion eviction or interruption of them the said W. Lord M. Sir F. G. and E. W. severally their and every of their several and respective Heirs and Assigns or any of them or of any other person or persons lawfully claiming in by from or under them or any of them respectively as aforesaid And discharged and clearly acquitted of and from all former Bargains Sales Gifts Grants Statutes Recognizances Extents Judgments and of and from all other Charges Estates Titles Troubles and Incumbrances whatsoever had made committed suffered or done by the said W. Lord M. Sir F. G. and E. W. or any of them respectively their or any of their several Heirs Executors Administrators or Assigns or any other person or persons claiming or to claim in by from or under them or any of them severally and respectively their or any of their several estates act title means consent or procurement In witness whereof the Parties first above-named to these present Indentures have interchangeably set their Hands and Seals Given the day and year first above written Annoque Dom. 1634. A Covenant that after the default of payment the possession of Lands in Mortgage shall be delivered to the Mortgagee and also all Deeds and Writings concerning the same ANd the said A. B. for himself c. That he the said A. B. his Heirs and Assigns shall and will upon reasonable request to him or them to be made after default shall happen to be made of or in any of the payments aforesaid if it shall happen so to fall out deliver or cause to be delivered unto the said C. B. his Heirs and Assigns the quiet and peaceable possession and seizin of all and singular the before bargained premises And shall then also after such default of payment within one moneth then next ensuing deliver and cause to be delivered unto the said C. D. his Heirs and Assigns as well all and singular the Letters-Patents Deeds Evidences Writings
wife of the other part witnesseth That they the said J. T. and El. his wife as well for and in consideration of the sum of 210 l. of c. by the said R. H. unto them the said J. T. and El. his wife at the ensealing and delivery of these presents well and truly in hand paid the receipt whereof they the said J. T. and El. his wife do hereby acknowledge and thereof and of every part and parcel thereof do fully clearly and absolutely acquit exonerate and discharge the said R. H. his Heirs Executors and Administrators and every of them by these presents have granted aliened bargained sold and confirmed and by these presents c. unto the said R. H. and El. his wife all that one Messuage or Tenement c. together also with all and singular the Rooms Cellars Sollers Halls Parlours Chambers Houses Housings Vaults Pavements Courts Yards Easements and other Hereditaments Emoluments and Appurtenances whatsoever unto the said Messuage or Tenement and Premises or any of them appurtenant belonging or appertaining orâ—had used demised occupied or enjoyed as part parcel or member thereof or as thereunto or to any part thereof belonging or appertaining and the reversion and reversions remainder and remainders of them and every of them and also they the said J. T. and El. his wife for the consideration aforesaid have granted bargained and sold and by c. unto the said R. H. his Heirs and Assigns all and singular Letters-Patents Exemplifications of Fines and Recoveries Chirographies of Fines Charters Deeds Indentures Counterpanes Writings Evidences Escripts and Minuments whatsoever concerning only the premises hereby mentioned to be bargained and sold or only any part thereof and which now are in the Hands Custody or Possession of the said J. T. or any other person or persons by his delivery or appointment or to his use or to the use of the said El. his wife and which he may have obtain or come by without suit in the Law and also true Copies of all such other Letters-Patents exemplifications of Fines and Recoveries Chirographies of Fine Charters Deeds Indentures Counterpanes Writings Evidences Escripts and Minuments whatsoever amongst other things concerning the premises or any part thereof and which now are in the Hands Custody or Possession of the said J. T. or any other person or persons by his delivery or appointment or to his use or which he may have obtain or come by without suit in the Law all and singular which said Letters-Patents Exemplifications Chirographies Charters Deeds Indentures Counterpanes Writings Evidences Escripts and Minuments so hereby bargained and sold by the said J. T. he the said J. T. doth hereby grant and agree to deliver or cause to be delivered to the said R. H. his Heirs or Assigns on this side the Feast of the Annunciation of the blessed Virgin Mary now next coming safe uncancelled and undefaced as now the same are together with the said Copies the writings of the said Copies to be paid for by the said R. H. to the receipt of the said Copies To have and to hold the said Messnage or Tenement and Backside and all and singular other the premises hereby mentioned to be bargained and sold and every of them with their and every of their appurtenances and the Reversions and Remainders of them and every of them unto the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. to the only proper use and behoof of the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. for ever without any Mortgage Condition redemption use or limitation to recal alter charge or determine the same to be holden of the chief Lord or Lords of the Fee or Fees whereof the premises have been holden by the Rents and Services therefore due and of right accustomed And the said J. T. for himself his Heirs Executors and Administâ—ators doth covenant and grant to and with the said R. H. his Heirs and Assigns and to and with every of them by these presents that she the said El. his wife is seized of the reversion of the said bargained premises of an Estate to her and the Heirs of her Body lawfully begotten immediately expectant upon an estate for the life of Hellen Cl. now wife of Leo Cl. of c. Gent. with further remainder or reversion immediately expectant upon the said Estate-tail to the right Heirs of the said El. for ever without any reversion or remainder of the same or of any part thereof in our Soveraign Lord the King or otherwise of the full absolute reversion in Fee-simple expectant upon the said Estate for life of the said Hellen And the said J. T. for himself his Heirs Executors and Administrators doth covenant and grant to and with the said R. H. his Heirs and Assigns and to and with every of them by these presents that they the said R. H. and El. his wife and the Heirs and Assigns of the said R. H. and every of them shall and may from time to time and at all times hereafter for ever after the decease of the said Hellen peaceably and quietly have hold occupy possess and enjoy the said Messuage or Tenement Backside and Premises without the let interruption trouble expulsion or eviction of the said J. T. and El. his wife or either of them or of their or either of their Heirs of their or either of their Bodies begotten or to be begotten or any other Heir or Heirs of them or either of them or of any heir or heirs of T. L. Gent. deceased and without any lawful let trouble interruption expulsion or eviction of any other person or persons whatsoever now having or lawfully claiming to have or which hereafter may have or lawfully claim to have any manner of estate right title interest thing or demand of in to or out of the said bargained premises or any of them by for from or under them or any of them or by from or under the said Hellen or by their or any of their means consent or procurement except such person and persons which may lawfully claim under the Leases and Estates herein after excepted and freed and discharged or otherwise within convenient time after reasonable request well and sufficiently saved and kept harmless and indempnified by the said J. T. his Heirs Executors and Administrators or some or one of them of and from a land all manner of former and other Bargains Sales Gifts Grants Alienations Estates Leases Joyntures Dowers Uses Wills Entails Rents Charges Rents-seck and arrerages of all manner of Rents Statutes-Merchant and of the Staple recognizances Judgments Executions Fines Post-sines and of and from all other Titles Troubles Charges and Incumbâ—aâ—ces whatsoever heretofore had made done committed omited or wittingly or willingly suffered or procured or hereafter to be had made done committed wittingly or willingly suffered or procured by the said I. T. and El. T. L. and H. or either
said R. F. doth by these presents acknowledge the receipt and whereof c. He the said R. F. and the said G. G. and E. Ar. at his request and nomination have and every of them hath by and with the consent and direction of the said R. B. granted bargained sold aliened and confirmed and by c. unto the said W. F. and T. Y. all that great Messuage c. together with all Houses Buildings c. and the Rents Services Reversions and Remainders thereof and also all the estate right title interest challenge claim and demand whatsoever of them the said R. E. G. G. and E. Ar. and every or any of them of in and to the laid granted Tenement c. and also all Deeds Evidences Charters Writings Escripts and Minuments whatsoever which do touch or concern the said granted premises or any part thereof To have and to hold the said Messuage or Tenement Garden and Premises before hereby granted or conveyed or mentioned or intended to be hereby granted and conveyed and every part and parcel thereof with the appurtenances unto the said W. F. and T. Y. their Heirs and Assigns to the only uses intents and purposes hereafter in these presents limited expressed and declared that is to say to the use of them the said W. F. and T. Y. and of their heirs until a good and perfect common recovery shall be in due form of Law at the costs and charges of the said R. B. or his heirs had and executed of and for the said hereby granted or intended to be granted Messuage Tenement and Premises against them the said W. F. and T. Y. before the Justices of the Court of Common-Pleas at Westminister according to the usual course of common Recoveries in the same Court used for assurance of Lands and Tenements in which recovery the said I. P. and H. B. shall be demandants and recoverers and the said R. F. shall be vouched to warrant so as such recovery so to be had be had and executed before the end of the term of St. Hillary next ensuing the date hereof and from and after the full execution of the said recovery in case the same shall be had and executed before the end of the same term of St. Hillary the said recoveries intended shall stand seized or in case the said recovery intended to be had shall not be had and executed by the time aforesaid then from and after the end of the same Term of St. Hillary to the use of the said R. B. and of his Heirs and Assigns for evermore and to and for none other use intent or purpose to be holden of the chief Lord or Lords of the Fee or Fees of the premises by the rents and services therefore due and of right accustomed and the said R. F. for himself his Heirs Executors and Administrators and for every of them doth covenant promise and grant to and with the said R. B. his Heirs and Assigns by these presents that for and notwithstanding any act matter or thing had made or done to the contrary by him and the said E. F. his Father deceased or either of them except as herein after is excepted the said R. F. G. G. and E. A. or some of them are or one of them is at the ensealing and delivery hereof the true and lawful Owners or Owner of the said granted or intended to be granted premises and every part and parcel thereof and of and in the same and every part and parcel thereof lawfully and rightfully seized of a good sure sufficient and absolute Estate of Inheritance in Fee-simple in his or their own right and to the only use of them or some or one of them his or theirs by good assurance right or title in the Law indefeazible without any reversion remainder or further interest in the Common-wealth or any other person or persons whatsoever and also that notwithstanding as aforesaid except as herein after is excepted the said R. F. G. G. and E. A. or some or one of them have or hath at the time of the ensealing and delivery hereof full power good right and lawful authority to grant convey and assure the said granted or intended to be granted premises and every part and parcel thereof in manner and form aforesaid and according to the true intent and meaning thereof and further also that the said granted Messuage Tenement and Premises and every part thereof with their appurtenances now be and are and so from time to time and at all times hereafter shall or may be remain and continue to the uses intents and purposes aforesaid in manner and form aforesaid and according to the true intent and meaning of these presents clearly acquitted freed and discharged of and from all and all manner of former and other Bargains Sales Gifts Grants Leases Mortgages Joyntures Dowers Wills Covenants Intails Statutes-Merchant and of the Staple Recognizances Judgments Executions Extents Rents Charge-rents Seck arrerages of rents and of and from all other Titles Charges Troubles and Incumbrances whatsoever at any time heretofore had made done committed omitted or suffered to be done or at any time hereafter to be had made done committed omitted or suffered to be done by him the said R. F. and the said E. F. his Father or either of them except an Estate assured to and upon E. H. widow late wife of the said E. F. by him the said E. for the term of the life of the said E. of the premises hereby conveyed or intended to be conveyed which is intended to be surrendred for the better execution of the said intended recovery and also except a Bargain and Sale lately made by the said R. F. G. G. and E. A. to the said W. F. and T. Y. of the same premises to hold from December 20. last past for the term of one whole year which Bargain and Sale was intended and made for the better execution of these presents and the said R. F. for himself his Heirs Executors and Administrators doth further covenant promise and grant to and with the said R. B. his Heirs and Assigns by these presents that he the said R. B. his Heirs and Assigns shall or lawfully may from time to time and at all times hereafter for ever according to the true intent and meaning of these presents peaceably and quietly enter into have hold and enjoy the said granted Messuage Tenement Garden and Premises and every part and parcel thereof with the appurtenances without any let interruption challenge claim disturbance eviction ejection molestation hinderance or denial of or by the said R. F. or of or by any other person or persons whatsoever having or claiming or pretending to have any lawful estate right title or interest in or to the premises or any part thereof from by or under him or his said Father deceased except the said El. F. and such as shall or may claim for by from or under and only for by from or under the
request of the said W. B. and by the appointment and with the atturnment of the said W. D. the elder have and either of them hath granted bargained sold aliened and confirmed and by c. to the said W. D. the Son and his Heirs all that Messuage Tenement c. and all Rents Reversions Remainders and Services of the said premises and all their and either of their Right Title Interest Challenge Claim and Demand whatsoever of in and to the same premises to have hold and enjoy the said c. unto the said W. D. the Son his Heirs and Assigns for ever to his and their own use for evermore to be holden of the chief Lord or Lords of the Fee or Fees of the premises by the Rent and Services therefore due and of right accustomed and it is concluded and agreed by and between the said Parties that neither these presents nor any thing therein contained shall extend to be construed to extend to bind or charge the said R. R. and W. K. or either of them their or either of their Heirs touching the premises otherwise than against his and their own acts respectively In witness whereof c. Note That in respect of the Atturnment of Tenant the Estate of Inheritance passeth legally without Livery B. M. being seized of Lands jure uxoris she being a Co-heir purchaseth of J. B. to whom the Estates of the other Co-heirs is come all the Lands the Conveyance is by recovery concluded to be suffered by J. B. THis Indenture c. Between J. B. of c. Son and Heir of William Beaumont late of c. deceased and M. his Wife one of the Daughters and Co-heirs of D. S. Gent. deceased of the one part and B. M. of c. William H. J. H. of c. and Rich. C. of c. of the other part witnesseth That the said John Beaumont for and in consideration of the sum of 200 l. of c. to him by the said B. M. before c. whereof c. hath agreed to grant convey and assure to the said B. M. his Heirs and Assigns for ever all that toft and eight acres of Land by estimation be they more or less called c. and also Common Pasture for six young Beasts and one House with the appurtenances in Wickware Heath all which premises are scituate c. and now are in the tenure holding or occupation of the said B. M. in the right of E. his Wife the Daughter of R. W. deceased for term of her life and which said premises late were the Inheritance of the said D. S. and by and after his death descended and came to his three Daughters viz. the said M. E. the Wife of R. C. and B. the Wife of J. M. the parts and portions of which E. C. and B. he the said W. B. purchased and dyed thereof seized And also the said J. B. for the Confiderations aforesaid hath agreed to grant convey and assure to the said B. M. his Heirs and Assigns for ever all other the Messuages Lands Tenements and Hereditaments of him the said J. B. within the Parish of W. aforesaid and all Rents Reversions and Services of the premises and every part thereof as by such wayes and means as by him the said B. M. or his Council learned in the Law shall be in that behalf reasonably devised and required and this present Indenture further witnesseth That the said I. B. doth for himself his Heirs Executors and Administrators covenant promise and grant to and with the said B. M. his Executors and Administrators and Assigns by these presents that he the said I. B. shall and will before the end of Easter Term now next ensuing by Deed indented and enrolled in the High Court of Chancery bargain and sell to the said W. H. and I. H. and their Heirs all the said toft and premises To have and to hold to the said W. H. and I. H. and their Heirs during the natural life of the said I. B. to the intent and purpose to make them Tenants of the Free-hold of the premises and that a Writ of Entry sur disseisin en le post shall be brought and prosecuted by the same R. C. against the said W. H. and I. H. whereby he shall demand the said premises by some fit or apt names against them the said W.H. and I.H. who shall appear in person and vouch to warranty the said J. B. who shall likewise appear in person and vouch over to warranty the common Vouchee who shall likewise appear in person and enter into the warranty and afterwards make default and depart in contempt of the Court whereby several Judgments shall be had viz. for the said R. C. to recover the premises against the said W. H. and I. H. and for them to recover in value against the said I. B. and for the said I. B. to recover over in value against the said common Vouchee which said recovery so or in any other manner to be had and executed and all Fines Feoffments and other Assurances at any time hereafter to be had or executed of the premises or any part thereof shall be and enure and shall be deemed adjudged construed and expounded to be and enure to and for the only use and behoof of the said B. M. and of his Heirs and Assigns for ever and the said I. P. for himself his Heirs Executors and Administrators doth covenant promise and grant to and with the said B. M. his Heirs and Assigns by these presents that he the said I. B. at the time of the ensealing and delivery thereof is and until the said premises shall be fully and perfectly conveyed and assured to the said B. M. his Heirs and Assigns for ever according to the true intent and meaning of these presents shall be the true and lawful Owner of the said premises and every part thereof and of and in the same and every part thereof lawfully and rightfully seized of a good Estate of Inheritance in Fee-simple in his own right and to the only use of him and his Heirs by good sure sufficient and absolute conveyance assurance and title in the Law indeseazible and also that he the said I. B. at the time of the ensealing and delivery hereof hath and until the said premises shall be assured as aforesaid shall have full power good right and lawful authority to bargain sell convey and assure the said premises and every part thereof to the said B. M. his Heirs and Assigns for ever according to the true intent and meaning of these premises and also that the said premises and every part thereof now be and are and so from time to time and at all times hereafter for ever shall or may be remain and continue to the said B. M. his Heirs and Assigns clearly acquitted and discharged or otherwise by him the said I. B. his Heirs and Assigns well and sufficiently saved and kept harmless of and from all and all
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
hereafter and from time to time clearly acquit exonerate and discharge or otherwise well and sufficiently save and keep harmless and indempnified the above-named I. E. his Heirs Executors and Administrators and his and their goods chattels lands tenements and hereditaments and every of them of and from all debts duties bills bonds specialties and demands whatsoever which at any time and times hereafter shall and may be duly and lawfully demanded or recovered of or from the said I. B. his Heirs Executors and Administrators by any person or persons whatsoever for or by reason of any reckoning duty specialty debt or demand whatsoever due owing or payable by the above-named R. T. deceased to any person or persons whatsoever and also of and from all costs charges sutes arrests judgements executions and demands whatsoever which shall or may happen come grow to be unto or against the said I.B. his Executors Administrators or any of them for upon or by reason thereof and also if A. T. daughter of the said E. T. and such persons as she shall intermarry withall within one month next after she the said A. shall be lawfully married or shall accomplish her full Age of Twenty one years which shall first or next happen do and shall make seal and deliver as his her or their act and deed a good sufficient and lawful acquittance discharge and release under his her or their hands and seals unto the said I. B. his Executors and Administrators of for or concerning all sum and sums of money gifts legacies bequeaths and demands whatsoever given and bequeathed unto the said A. in and by the last Will and Testament of the said R. T the same release to be made in such manner and form as by the said I.B. his Executors or Administrators or his or their Councel shall be reasonably devised or required that then c. A Condition from a Goaler to an under-Sheriff for saving harmless THe Condition That if the above-bounden A. B. Deputy-Goaler to T.T. Servant to c. do from time to time receive and take into his ward and custody within the Goal at the Castle of Lancaster in the County of Lancaster aforesaid all such person and persons prisoner and prisoners which shall fortune to be committed or sent to the said Goal or committed to the ward and custody of the said Goaler by the said Sheriff or his Deputy or by any Justice or Justices of Peace or by any other having lawfull authority to commit persons or prisoners to the said Goal and the same person or prisoners so committed as aforesaid do well and truly duly and sufficiently by his own proper person or by his sufficient Deputy or Deputies so keep that the said Sheriff his Heirs and Executors all the Lands Tenements Goods and Chattels of the said Sheriff be saved harmless from all losses penalties amerciaments and damages whatsoever as well against the Commonwealth of England as also against all other person and persons of for and concerning the custody and keeping of the said Geal and prisoners within the said Castle of Lancaster or elsewhere in the said County of c. and likewise do discharge save and keep harmless the said Sheriff his Heirs and Executors and all those his Lands Tenements Goods and Chattels from time to time and at all times hereafter of and from all and every escape and escapes as well of convict persons Reprieves and Felons and of all other persons now committed for any contempts condemnations trespasses or misdemeanors which may happen or chance hereafter to be committed to the said Goal for any the causes aforesaid during the time the said A.B. shall be Deputy or Goaler to the said T. T. and the said T.T. continue Sheriff And likewise that if the said A.B. or any other by his consent privity or appointment in any wise let to bail or mainprize any prisoner or prisoners to him committed as aforesaid not bailable by the Lawes of the Realm without the special commandment or appointment of the aid Sheriff and if the said A. B. or his sufficient Deputy be ready to give his attendance upon the said Sheriff and his Deputy at all times necessary and convenient and all and every lawful thing and things that he shall be required to do by the said Sheriff or his Deputy touching or concerning the c affairs and businesse wherewith the said Sheriff is or shall be charged or imployed in or about the keeping of the said Goal or Prison that then c A Release of Recognizance assigned to one TO all Christian People c. P. V. of London Merchant stranger sendeth greeting in our Lord God everlasting That whereas the Right Honourable W. Earl of Derby Lord Stanley Lord of Man and the Isles T. Ireland of Grayes-Inn in the County of Middlesex Esq H. C. of Knowsley in the County of Lancaster Gent. and H. Adys of Button in the County of Dorset Gent. by other writing of Recognizance or Statute-Staple bearing date the sixth day of July c. taken and acknowledged before Sir J. P. Knight Lord Chief Justice of England stand bound to Peter H. Citizen and Alderman of London in 3200 l. of c. payable as in and by the same Writing of Recognizance or statute more at large doth appear And whereas the said Peter H. by his sufficient Deed or Assignment in writing bearing date the five and twentieth day of c. in the c. did for divers and certain considerations him thereunto especially moving grant assign and set over unto me the said P. Vanloor as well the said Recognizance or Statute and the said debt of 3200 l. and all his said right title and interest which he the said Peter Houghton then had or ought to have had in and to the same to have and to hold the said Recognizance or Statute and the said debt of 3200 l. aforesaid and all his said right title and interest in and to the same unto the said P. V. my executors and assigns as our own proper goods and chattels for ever as by the said Assignment amongst other Covenants and Clauses therein contained more fully at large it doth and may appear Now know ye That I the said P. V. for divers good Causes and Considerations me hereunto especially moving have remised released and quit-claimed and by these presents for me my executors administrators and assigns and every of us do remise release and for ever quit-claim unto the said Henry Adys his Heirs Executors Administrators and Assigns and every of them the Recognizance or Statute aforesaid and the penalty and forseiture thereof and also all and all manner of Actions Arrests Extents Judgements Executions Condemnations Liberates Seizures Debts and demands whatsoever which I the said P. V. or the said P. H. or either of us now have shall may might or ought to have against the said H. Adys his Heirs Executors Administrators and Assigns or any of them or his their or any
seized thereof or of such part thereof concerning which such declarations shall be made to and for such uses or such declarations shall limit declare and appoint the same and for default of such declaration or limitation then to the use benefit and behoof of the said T.G. his Heirs and Assigns and to and for no other use intent or purpose whatsoever any thing before herein contained to the contrary thereof in any wise notwithstanding Memorandum That after the sealing and delivery of the bargain and sale within-mentioned by the said A. B. and C. D. to the within-named E. F. and G. H and after that the said E. F. and G.H. had accepted of the said Bargain and Sale and had sealed delivered the Counter-part thereof as their act and deed then this present Deed was sealed and delivered by the within A.B. and C.D. in the presence of c. An Assignment and Letter of Attorney of several Bonds TO all Christian People to whom these presents shall come I T.G. of c. send greeting Whereas T.E. of c. L.H. of c. and Sir W.H. of c. in and by their obligations bearing date the c. do stand joyntly and severally bounden unto me the said c. in the Sum of 800 l. with condition thereupon endorsed for the payment of 406 l. on the thirteenth day of December then next ensuing the date of the said Obligation at or in the then dwelling-house of W.C. in c. And whereas also Sir T.B. Esquire Sir E.S. Knight and Sir T.M. Knight in and by their obligation bearing date the c. do likewise stand bound unto me in the Sum of 600 l. with condition thereupon endorsed for payment of 310 l. on the nineteenth day of November then next ensuing the date of the said Obligation at or in the c. And whereas also c. as in and by the said several recited Obligations more at large it doth and may appear Now know ye That I the said T.G. for divers good and valuable considerations me hereunto especially moving have granted assigned and set over and c. to W.P. of the Middle Temple London Gent. all and singular the bonds and debts aforesaid and have made assigned constituted and ordained and in and by these presents do make assign constitute ordain the said W.P. my true lawful and irrevocable Atturney in my name but to the only proper use and behoof of him the said W.P. his Executors and Administrators to ask demand and receive of the said several Obligors bound by the said recited Obligations the said several Sums of money in the said recited conditions mentioned respectively giving and by these presents granting unto my said Attorney full power and authority if need shall be to sue arrest attach implead condemn and imprison the said parties Obligors and every of them and their or every or any of their bodies goods and chattels in execution to take out of execution to deliver either upon satisfaction composition or otherwise at the will and pleasure of my said Atturney acquittance or any other discharges in my name to seal and deliver Atturney or Atturneys one or more under him the said W. P. his Executors and Administrators to make substitute and revoke and generally to do execute prosecute and determine all and every other act and acts thing and things whatsoever which in or about the Premisses or any part thereof shall be needful necessary or convenient as fully wholly and effectually and in as large and ample manner and form to all intents and purposes as I the said T. G. my Executors and Administrators might or could do personally without any accompt thereof to be yielded to 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 for my self my Executors and Administrators covenant c. to and with the said W. P. his Executors and Administrators that the said recited Obligations and every of them now are and stand in full force and effect and that neither I my Executors and Administrators shall not at any time hereafter acquit release or discharge them nor any of the Moneys due upon the aforesaid Obligations or any of the said parties Obligors bound in and by the said recited Obligations or any of them their or any of their Executors or Administrators or any of them of and from the same or the Sums of Money in them or any of them mentioned or any part thereof without it be by the consent of the said W. P. his Executors or Administrators in writing And further That I the said T. G. my Executors and Administrators shall and will ratifie confirm and allow all such lawful Actions and Sutes and other things whatsoever as he the said W. P. his Executors Administrators or Assigns or any of them shall at any time hereafter bring sue commence prosecute or proceed in or against the said Parties Obligors bound in or by the said recited Obligations or any of them And lastly That I my Executors or Administrators shall upon every reasonable request of the said W. P. his c. give to the said W. P. his c. such further Letter or Letters of Attorney and power for the receiving and recovery of the debts aforesaid and every of them as by the said W. P. his Executors or Administrators shall be reasonably demised and acquired A Condition upon the granting of a Toties quoties for Replevin WHereas the above-named G. S. by vertue of his Office as Steward of the Mannor of S. above-named hath granted forth a Precept for the replevying and delivering of one Bay Gelding of the Goods and Chattels of the above-bound G. S. unto him the said G. being now impounded by N. out of his Lease of ground in c. and also to replevy the said Gelding of the said G. so often as he shall be impounded by the said N. or any of them Now therefore the Condition c. That if the said G. S. with effect do prosecute the said Action and all other such Actions as shall be brought by him for the impounding of the said Gelding and return the same so oft as return by Law thereof shall be adjudged and him the said G. from time to time and at all times hereafter do and shall well and truly save defend and keep harmless and indempnified against all men for and concerning the granting of the said Replevin that then c. A Condition that a Lords Bayliff shall give a true account of his Bayliffship THe Condition c. That whereas the Right Honourable c. hath constituted and appointed the above-bound J. S. to be Bayliff in his Mannor of c. and Collector of his Rents Revenues Perquisites and Profits there during his Lordships pleasure if therefore the said J. H. by himself or his sufficient Deputy do and
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 hiâ— 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 afteâ— 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 everâ— for and to this intent and purpose that they the said c. and the heirs and the Survivor and Survivors of them aâ— his and their heirs For payment of Debts shall and will bargain sell oâ— otherwise dispose of the same for and towards tâ— payment satisfaction and discharge of such Deâ—â— 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 noâ— stand or which at the time of the death of the said T. Lord W. shalâ— stand bound or engaged for or with the said T. Lord W. for the samâ— 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
other the Premisses with their and every of their appurtenances unto the said R.G. his Executors and Assigns and every of them by these presents for and during and unto the full end and Term of 99. years from hence next ensuing fully to be compleat and ended Yielding and paying therefore yearly during the said term to the said I. S. his c. a Pepper-Corn at the Feast of St. Michael the Arch-Angel if it be lawfully demanded And the said I. S. for himself his c. doth Covenant and grant to and with the said R. G. his c. That he the said I. S. now hath good right full power and lawful and absolute authority to demise grant and let the said Messuage or Tenement lands and premisses with their appurtenances unto the said R.G. his c. for and during the said Term and Number of years aforesaid according to the true intent and meaning of these presents And also that the said Messuage c. and every of them shall and may during the Term hereby demised remain and be unto the said R. G. his c. sufficiently saved and kept harmless of and from all and all manner of former and other Gifts Grants Leases Forfeitures Surrenders Extents Rents and Arrerages of Rents and of and from all and all manner of Charges Titles Troubles and Incumbrances whatsoever had made committed done or suffered by him the said J. S. or by the said E. S. his said Daughter oâ— either of them their or either of their Executors or Assigns And also that he the said R. G. his c. shall and may peaceably and quietly have hold occupy possess and enjoy the said c. for and during the Term hereby demised without the Let Sute Molestation Interruption or Eviction of him the said J. S. or the said E. S. and without the lawful let of all and every other person and persons whatsoever lawfully claiming in by from or under him her or either of them their or either of their estate right or title And the said I. G. for himself his c. doth Covenant and Grant to and with the said R. G. his c. That he the said I. G. at no time before the date hereof hath done or suffered to be done any Act or Thing whatsoever which shall or may be hurtful prejudicial or a hinderance to the said R. G. his c. or any of them in his and their having and quiet enjoying of the said c. But that he the said R.G. his c. may have and enjoy the said Lands and Premisses and every of them for and during the Term hereby demised without the let or hinderance of him the said I. G. his c. or of any other person or persons whatsoever claiming by from or under him them or any of them And the said I. S. and I. G. and either of them do for themselves joyntly and severally and not one for the other and for their severall and respective Executors c. and for every of them Covenant and Grant to and with the said R. G. his c. That they the said I. S. and I. G. and either of them their Heirs and Assigns and every of them shall and will from time to time and at all times for and during the space of five years next c. at the request and costs of the said R. G. his c. further do make suffer acknowledge and execute all and every such further and other lawful and reasonables Act or Thing whatsoever for the further better and more perfect assuring surety and sure making of the said c. unto the said R. G. his c. or to such other person and persons as he the said R.G. shall nominate and appoint and every or any of them for and during the said Term hereby Demised as also all other the Interest and Term for years which he the said I. S. now hath in the said c. yet to come and unexpired at by him the said R. G. his c. or his their or any of their Councel learned in the Laws shall be reaso â—ably devised or advised and required And the said I.S. for himself c. doth Covenant and grant to and with the said R. G. c. That he the said I. S. his c. or some of them shall and will within six months now next ensuing the date hereof deliver or cause to be delivered unto the said R. G. or his Assigns or some of them all the Original Leases of the Premisses herein before recited or mentioned as also all and singular the severall mean Assignments made of the premisses from time to time and also all such Deeds Evidences Court-Rolls Writings Escripts and Minuments whatsoever concerning the premisses or any part or parcel thereof which now be in the possession custody or keeping of the said I. S. or of E. S. or of any other person or persons whatsoever by their or either of their delivery privity or appointment or which he the said I. S. may obtain or come by whole uncancelled safe undefaced and in as good plight as the same or any of them now are and also true Copies of all such other Deeds Evidences and Writings as the said I. S. or E S. or either of them have or can come by touching the said c. or any part thereof joyntly or together with any other Lands the said I. S. his c. or some of them paying and bearing the charge of making and writing and coming by the Deeds Evidences or Copies or any of them And the said R. G. for him his c. doth Covenant promise and grant to and with the said J. S. and J. G. and either of them their and c. That he the said R. G. his c. shall and will during the term hereby Demised bear pay and discharge all and all manner of Quit-Rents or other Rents and Services whatsoever which shall be due or any wayes payable for or in respect of the said c. or any of them from the day of the date hereof and thereof and of every part thereof shall and will sufficiently during the term hereby Demised acquit and discharge the said I. S. and I. G. their Executors and Assigns and every of them by these presents In witness c. An Indenture of Settlement Well penn'd THis Indenture made c. Between the Right Honourable C. Lord S. Baron of H. of the first part W. N. of the Inner Temple London Esq The Parties and A. T. of the said Inner Temple London Esq of the second part And the Right Honourable E. Lord G. Baron of D. in the County of A. within the Realm of Ireland and Dame J. his wife D. L. Daughter of her the said Dame I. G. and I. S. of M. in the C. of Y. Esq of the third part Whereas a Marriage shortly hereafter by the grace of God is intended to be had and solemnized between the said
and upon the said several Writs of Entry Sur disseisin en le post in all things according to the usual and common order and form of Common Recoveries for the assurance of Lands and Tenements in such cases used of all and singular the said several Mannors Lordships and Premisses before mentioned and of every part and parcel thereof with the Appurtenances And that full Execution and Seizin shall be had and taken thereof accordingly And it is hereby covenanted granted concluded and fully and absolutely agreed on by and between all and every the aforesaid parties to these presents for themselves their heirs and assigns and it is the true intent and meaning of these presents and of all and every the aforesaid parties to the same that the said several Recoveries and the execution thereupon to be had shall be and so shall be adjudged deemed esteemed and taken to be and the Recoverors their heirs and assigns and every of them shall and will immediately from and after the execution of the said Recoveries stand and be seized and be adjudged deemed and esteemed and taken to be seized of all and singular the said Mannors Lordships Lands Hereditaments and premisses before mentioned and every part and parcel thereof with their and every of their Appurtenances to and for all and every the several and respective uses behoofs intents and purposes hereafter in these presents mentioned expressed limited and declared And to or for none other use behoof intent or purpose whatsoever that is to say to the use and behoof of the said C. Lord S. and his Assigns for and during the term of his natural life without impeachment of or for any manner of wast and from and after his decease then to the use and behoof of the said D. L. and her assigns for and during the term of her natural life for and in the name of a Joynture of and for her the said D. And from and after her decease then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten and for default of such Issue then to the use and behoof of the right heirs of the said C. Lord S. for ever And the said Right Honourable C. Lord S. for himself his Heirs Executors Administrators and Assigns and for every of them doth further Covenant promise and grant to and with the Right Honourable E. Lord G. and I.S. their Heirs and Assigns and to and with every of them by these presents in manner and Form following that is to say That he the said C. Lord. S. at the time of the ensealing and delivery of these presents is lawfully and rightfully seized of and in all and singular the said Mannors Lands Tenements Rectory and Premisses and of every part and parcel thereof with the Appurtenances of a good sure perfect lawful and indefeasible Estate in Fee-simple or in Fee-tail to himself and the heirs of his body without any Reversion or Remainder of the Kings Majesty and without any manner of Condition or Conditions Mortgage Limitation of use or uses or other thing or things whatsoever whereby to alter change charge defeat determine or make void the same And that he the said Lord S. hath full power good right and lawful and absolute authority in his own proper right by these presents to raise limit and appoint all and every the foresaid several Uses and Estates before mentioned and that all and singular the Premisses and every part and parcel thereof with their and every of their Rights Members and Appurtenances now are and be and so from time to time and at all times for ever hereafter shall and may continue stand remain and be to all and every the several uses intents and purposes before in and by these presents limited expressed appointed and declared free and clear and freely and clearly acquitted exonerated and discharged or otherwise well and sufficiently saved defended and kept harmlesse of and from all and all manner of former and other Gifts Grants Bargains Sales Leases Estates Joyntures Dowers and Titles of Dowers and of and from all Rents and Arrerages of Rent-Annuities and Arrerages of Annuities Statutes-Merchant and of the Staple Recognizances Judgments Executions Extents Fines Forfeitures Issues Amerciaments Intentions Principal Seizins Liveries Wills Entails Limitations of use or uses and of and from all other Titles Troubles Arrerages Charges Claims Demands and Incumbrances And the said C. Lord S. for himself his Heirs Executors Administrators and Assigns and for every of them doth likewise further Covenant promise and grant to and with the said E. Lord G. c. their Heirs and Assigns and to and with every of them by these presents That he the said Lord S. and his Heirs shall and will from time to time and at all times hereafter within the space of seven years next ensuing the date of these presents at and upon every reasonable request and at the only proper costs and charges in the Law of the said Lord S. and his heirs further do make acknowledge execute and suffer or cause or procure to be done made acknowledged executed and suffered all and every such further and reasonable act and acts thing and things device and devices assurance and assurances in the Law whatsoever for the further better and more perfect assuring surety and sure-making setling and conveying of the said Mannors c. premisses and of every part and parcel thereof with the appurtenances to continue stand remain and be to all and every such several uses behoofs intents limitations and purposes as are thereof in and by these presents limited expressed appointed and declared be it by Fine or Fines Recovery or Recoveries with single double or more Voucher or Vouchers Feoffment or Feoffments Deed or Deeds enrolled or not enrolled the enrollment of these presents or by any other wayes or means whatsoever as by the said E. Lord G. and I. S. their Heirs and Assigns or by any of them or by their or either or any of their Council learned in the Law shall be reasonably advised devised or required And finally The said C. Lord S. for and in Consideration of the said Marriage shortly hereafter by the grace of God to be had and solemnized between him the said C. Lord S. and the said D.L. and for the great love and affection which he the said Q. S. hath and doth bear unto the said D. L. doth for himself his heirs and assigns and for every of them Covenant promise grant and agree to and with the said E. Lord G. and I. S. their Heirs and Assigns and to and with every of them by these presents That he the said C. Lord S. and his Heirs and all and every other person or persons that now be or which hereafter shall stand or be seized of any Estate of Inheritance of the said Mannors Lands Tenements and Premisses or any part thereof shall and will stand and be
seized of so much and such part and parcel of the said Lordships Mannors and Premisses as either in respect of not making and naming the right Tenant of the Free-hold in the severall Writs of Entry aforesaid or in respect of any other legal defect shall not be by the severall and Recoveries aforesaid well and sufficiently assure and settle to the several uses before in and by these presents expressed to the severall and respective uses intents and purposes hereafter in and by these presents expressed appointed and declared and to none other use intent or purpose whatsoever that is to say to the use and behoof of the said C. Lord S. and his assigns for and during the Term of his naturall life without impeachment of or for any manner of wast and from and after the decease of the said C. Lord S. then to the use and behoof of the said D. L. and her Assigns for and during the term of his natural life and from and after her decease then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten and for default of such issue then to the use and behoof of the right heirs of the said C. Lord S. for ever In witnesse whereof to one part of these present Indentures remaining with the said E. Lord G. Dame I. his wife D. L. and I. S. The said C. Lord S. W. N. and A. T. have interchangeably subscribed and set their severall hands and seals and to one other part of these present Indenture remaining with the said W.N. and A. T. the said C. Lord S. E. L. G. Dame I. his wife D. L. and I. S. have interchangeably subscribed and set their several hands and seals and to one other part of these Indentures remaining with the said C. Lord S. the said W.N. A.T. E.L. G. Dame I. his wife D. L. and I.S. have interchangeably subscribed and set their several hands and seals the Day and Year first above-written Anno Dom. A Condition to save harmless where one Attorns Tenant with a Covenant to grant a Lease when the premisses are setled in the Obligee THe Condition of this Obligation is such That whereas the within named I. S. hath attorned Tenant and doth and is contented to pay his Rent being Eleven pounds ten shillings per annum unto the within bound T. S. his heirs or assigns for the Messuage or Tenement with the Appurtenances wherein the said J.S. now dwelleth scituate near W. London If therefore the said T.S. his Heirs Executors Administrators or Assigns do from time to time and at all times hereafter clearly acquit discharge or sufficiently save harmless and indemnified the said J. S. his Executors Administrators and Assigns goods and chattels as well against one R. N. of the Parish of Saint G. in the Fields in the County of M. gent. and K. his wife and against the Heirs and Assigns of the same K. also against all and every other person and persons whatsoever of for from touching and concerning all such and so much Rent as he the said J. S. his Executors or Assigns hath already paid or shall hereafter pay to the said T. S. his heirs or assigns for the Tenement aforesaid with the Appurtenances and also of and from all Actions Suits Charges Distresses Forfeitures Judgments Executions and all other Damages Troubles and Incumbrances whatsoever that shall or may arise or grow or be had commenced or prosecuted against the said J. S. his Executors Administrators or Assigns by reason of paying the said Rent or any part thereof unto the said T. S. his Heirs or Assigns or by reason of occupying of the said Tenement And further If in case the said T. S. his heirs or assigns do or shall quietly hold and enjoy the possession of the Tenement aforesaid with the appurtenances amongst other things as he the same T. now doth for and during the space of two years next coming after the date within written without any further new Suit Then if the said T. S. his heirs or assigns do within one month next after the end and expiration of the said term of two years or after such time as the estate of the premisses shall be perfectly setled in the said T. or his heirs at the reasonable request and at the costs and charges in the Law of the said J. S. his Executors or Administrators by good lawfull and sufficient Indenture of Lease in due form of Law to be had made and executed Demise grant and to Farm-let unto the said J. his Executors Administrators and Assigns all the said Messuage or Tenement with the appurtenances wherein the said J. now dwelleth as aforesaid for so many years as will make up the remainder of the term of years in his former Lease granted full Twenty and one years and under the yearly Rent of Eleven pounds ten shillings quarterly to be paid to the said T. his heirs or assigns or within one and twenty dayes next after every Quarter-day by even portions and with such other reasonable Covenants therein to be contained as are commonly used in such like Leases That then this present Obligation shall be void and of none effect or else it shall stand and remain in full force strength and vertue A Condition to save harmless an Executor for payment of several Legacies to Orphans with a Covenant to see the same Legacies disposed to the best advantage for the Legatees THe Condition of this Obligation is such That whereas M.D. late of St. J. street in the County of M. Widow deceased by her last Will and Testament in Writing bearing date the Tenth day of M. in the Year of our Lord God One thousand six hundred and fourteen did amongst other Legacies and Bequests give and bequâ—ath unto M. T. and A. T. Daughters of the within-bound T. T. Five shillings a piece of lawfull money of E. as by the sâ—me Will more at large appeareth Which said Sums of five shillings a piece the within named I. S. Executor of the last Will and Testament of the said M. D. hath at the Request of the said T. T. at and before the ensealing and delivery hereof paid and disbursed to the said T.T. for the use and behoof of his said Daughters M. and A. If therefore the said T. T. his Executors and Administrators and every of them do from time to time and at all times hereafter freely and clearly acquit exonerate and discharge or otherwise well and sufficiently save defend and keep harmlesse the said I. S. his Executors and administrators and every of them and all and every of his and their Lands Tenements Goods and Chattels as well of from and against the said M. and A. their Executors Administrators and Assigns as also of from and against all other persons whatsoever of for and concerning the payment of the said Sums of five shillings a piece to the said T. T. their Father
with the said H. H. his Executors and Assigns by these presents That he the said P. C. on this side and before the first day of Easter Term next ensuing shall at the costs and charges of the said H. H. convey assign and set over unto the said H. H. and his assigns all the present estate title and interest of the said P. of in and to the said Messuage and Premisses and every part and parcel thereof with the appurtenances and shall and will put the said H. H. or his assigns in peaceable possession thereof and that the same shall be then in as good plight and repair as now they be Item The said P. C. for and in consideration of the Summe of Ten pounds of lawful money of England by the said H. H. unto the said P. C. well and truly paid whereof the said P. doth acquit and discharge the said H. by these presents as also for and in consideration of the Summe of One hundred pounds of like money to be paid by the said H. to the said P. as hereafter in these presents is limited doth for himself his Heirs Executors and Assigns and every of them Covenant grant and agree to and with the said H. H. his Executors and Assigns by these presents That he the said P. C. and S. his Wife shall and will before and on this side the said first day of Easter Term next ensuing by usual names surrender according to the custom of the said Mannor into the hands of the Lord of the said Mannor the aforesaid Messuage and premisses with the appurtenances and all their estate possession reversion remainder right title and interest therein to the use and behoof of the said H. H. his heirs and assigns for ever and that he the said P. hath now good right and title to the said Messuage and Premisses with the appurtenances and a good estate therein in Fee-simple according to the custom of the said Mannor after the decease of the said T. C. and shall make and give unto the said H. H. such assurance and security for the quiet enjoying of the Premisses as the said P. hath had made or given unto him by W. W. of whom the said P. lately purchased the same and shall and will assign over to the said H. by such wayes or means as by him or his Council learned in the Law shall be reasonably devised advised and required all Bonds and other collateral Security which the said P. now hath for the safe and free enjoying of the premisses or any part thereof Item The said H.H. doth for himself his Heirs Executors and Assigns covenant promise and grant to and with the said P.C. his Executors Administrators and Assigns and every of them by these presents That he the said H H. or his assigns shall and will upon the aforesaid Surrender made by the said P. and S. his wife and the peaceable possession delivered of the premisses in such good plight and repair as they now be according to the true intent and meaning of these presents pay content and satisfie unto the said P.C. or his assigns the whole and just Summe of one hundred pounds of lawful money of England Item It is agreed between the said parties to these presents That the said H. H. shall buy of the said P. C. such moveables as now be in the said Messuages and Premisses or that he shall be pleased to leave there at such rates as two men to be by the said P. and H. indifferently chosen shall appraise the same and that the said H. H. shall pay unto the said T. C. all Rents that shall grow due unto her for the premisses from the day of the date of these presents In witness whereof the parties above named to these presents have interchangeably set their hands and seals the day and year first above written An Indenture of Covenants to stand seized to uses in consideration of Marriage c. THis Indenture made the _____ day of January in the year of the Reign of our Soveraign Lord Charles by the grace of God of England Scotland France and Ireland King Defender of the Faith c. the Second between J.F. of D. in the County of D. Gent. of the one part and N.G. of W.K. in the said County Yeoman J S. of S. in the said County Yeoman and W.B. of S. oforesaid Yeoman of the other part witnesseth That for and in consideration that the said J.F. hath married A. the Daughter of the said N.G. and by her Issue hath one Son and to the intent to provide and establish some certainty of living and livelihood to be had and enjoyed by or unto the said A. after his decease and for the establishment of some part and portion of those inheritances as is descended unto him the said J.F. from his Ancestors unto his said son J. begotten on the body of the said A. and unto such other Issues as it shall please God to send him of the body of the said A. for the natural affection and Fatherly love he beareth unto the said J. and other Issues he may happen to have of the body of the said A. and to the intent that she the said A. may be the better able to bring up educate and help the said J. his Son and such other Child or Children as he shall happen to have by the said A. when it shall please God to call the said J. F. out of this mortal life if it shall chance that she shall over-live the said J. F. doth by these presents covenant grant agree to and with the said N.G. J. S and W B and to and with every of them that he the said J.F. his Heirs and Assigns and every of them shall and will from henceforth stand and be seized of and in one Messuage or Tenement and Cottage with all and singular the appurtenances set lying and being in S. in the Parish of B. R. now in the Tenure of J. L. under the yearly Rent of Ten shillings one other Cottage parcel of the said Tenement now in the tenure of one W. D. under the yearly Rent of five shillings and of and in one other Messuage or Cottage parcel also of the said Tenement now in the Tenure of one C.B. and the yearly Rent of Four shillings and of and in all those several Messuages or Cottages adjoyning to the Farm of D. that is to say one Cottage and Mault-Mill garden and an acre and half of pasture now in the tenure of A. F. Widow under the yearly Rent of Four shillings and of and in one other Messuage or Cottage and Orchard and an acre and a half of pasture now in the tenure of one J. D. under the yearly Rent of five shillings and four pence and of and in that other Messuage or Cottage and Garden thereunto now in the tenure of B. B. Widow under the yearly Rent of Four shillings and of and in all that other Cottage called T. now in
Prisoner be removed out of the Fleet that was there in Execution out of the Common-Pleas and he be removed by a Habeas Corpus cum causa and then sent to the Marshalsey for another debt and escape from thence In this case the Keeper of the Marshalsey and not the Warden of the Fleet shall be chargeable for both the first and the second debt Co. 4.98 Dyer 278. 10. If a Woman be Warden of the Fleet and she hath Prisoner one in Execution at my Suit and they marry together this shall be adjudged an escape in Law in the Woman for the prisoner is now by Law discharged So if a man have a Prison in Fee and his son and heir be his prisoner and he dye and the prison descend to his son this will be an escape in Law in the Guardian for which I may have an Action of Escape Plowd 37. The Statutes concerning this Point are Westm 2. cap. 18. He that recovereth debt or damages in the Kings Court may at his choyce have a Scire facias of the Lands and Chattels of the debtor or a Writ for the Sheriff to deliver him all the Chattels of the debtor except Oxen and Plough Beasts and the moyety of his Land by a reasonable Extent till the debt be levied And if he be ejected out of the Land he shall have an Assise and afterwards a Writ of Redisseisin if need be Stat. 32 H. 8. cap. 5. Lands lawfully delivered in Execution upon a Judgment or Recognisance being evicted without any fraud or default in the Tenant before he have levied the whole debt and damages the Recoverer and the Recognisee shall have a Scire facias out of the same Court where Execution was awarded returnable there full Forty dayes after the date And thereupon a new Writ of Execution of the nature of the former to levy the rest of his debt and damages if the Defendant make default or shew no good matter in barre Westm 2. cap. 46. For all things recorded before the Kings Justices or contained in Fines whether Contracts Covenants Obligations Services or Customs acknowledged or any other things enrolled A Writ of Execution shall be within the year so as the parties shall not need to plead After the year a Scire facias Of a Statute A Statute as it is taken for a legal assurance is an Obligation of Record and it is so called because it is made in pursuance of and according to the Form particularly provided for the same and is of three sorts viz. 1. A Statute Merchant 2. A Statute-Staple 3. A Recognisance 1. The Statute-Merchant is a Bond acknowledged before one of the Clerks of the Statutes Merchant and Mayor c. of the City of London or two Merchants of the said City for that purpose assigned or before the Mayor of York c. chief Warden Master or Mayor of other Cities or Towns or before the Bayliffs of any Burrough or other sufficient men for that purpose appointed sealed with the Seal of the Debtor or Recognisor and of the King which is of two pieces the greater is kept by the Mayor c. and the lesser by the said Clerks This is upon 13 E. 1. Stat. 4. Acton Burnell 11 E. 1. Co. upon Lit. 289. And is after this Form NOverint universi per praesentes me A. B. de c. Teneri C. D. de c. in mille libris legalis monetae Angliae solvendis eidem C.D. ad Festum Sancti Michaelis Archangeli anno Regni Regis c. Et nisi fecero concedo quod currat super me et haeredes meos districtio et Poena provis in Statut. Domini Regis edit apud Westm Dat. apud Lond. die c. anno c. Or otherwise thus NOverint Universi per praesentes me R. D. de M. in Parochia de B. in Com. W. Gen. Teneri et per hoc praesens scriptum de Statut. Mercator firmiter Obligari H. M. de C. in Comitatu Civitatis L. Generos in quingentis libris bonae et legalis monetae Angliae solvend eid H. M. aut suo certo Attornato Executoribus et Assignatis suis in festo c. Et si non fecero volo et concedo quod currant super me haeredes Executores et Administratores meoâ— Districtiones et poenae praemissae in statut â—dit in Parliament Domini Edwardi primi quondam Regis Angliae apud Acton Burnell pro debitis mercatorum Recuperand ' Dat. In English thus MEmorandum That R. T. of H. in the County of K. Esq such a day and year came before our Lord the King in his Chancery at Westminster personally constituted and then and there acknowledged That he did owe c. to E. F. of C. in the County of L. Gent. and S. H. of D. in the said County of L. Gent. c. five hundred pounds of lawful money of England to be paid to the said E F. and S. H. or to their certain Attorney Executors or Assigns on the Feast of St. c. next coming after the date of these presents And if he shall fail in the payment of the aforesaid summe of Money at the Feast aforesaid that then the said R.T. for himself his Executors and Assigns willeth and granteth That the said summe of money shall be levied of his Lands and Tenements Goods and Chattels to the use of the said E.F. and S. H. their Executors and Assigns Witness our said Lord the King at Westminster the day and year above mentioned And these kinds of Statutes although at first ordained and used for Merchants onely yet at this day it is and may be used by any others and it is become one of the most frequent and usual assurances in the Kingdom 2. The Staple doth signifie this or that Town whither the Merchants by common order and command do carry their Commodities as Wooll and the like to vent and utter by the great or whole-sale The Statute-Staple is either properly or improperly so called That which is properly so called is a Bond of Record acknowledged before the Mayor of the Staple in the presence of one of the two Constables of the same Staple and sealed with the Seal of the Staple and sometimes also with the Seal of the party which it seems is not absolutely necessary This was devised and used only for Merchants and Merchandizes of the same Staple and is founded upon 27 E. 3. Stat. 2. Co. super Litt. 289. But this now may be used by Merchants or any other for the payment of debts or assurance of Lands or other things and is of the same nature with the Statute-Merchant A Statute-Staple improperly so called is an Obligation of Record founded upon the Statute of 23 H. 8.6 and is in the nature of a Statute-staple and of the same force This is and may be acknowledged before one of the Chief Justices and in their absence before the Mayor of the Staple at Westminster and the Recorder
C. L. S. and the said D. L. witnesseth now this present Indenture The Consideration That the said C. Lord S. as well for and in consideration of the said Marriage and of the full Summe of 8000 pound that is to say the Summe of 7000 pound of good and lawfull money of England in hand paid and the Summe of 1000. pound more in Jewels in hand delivered unto him the said L. S. by the said E. Lord G. and Dame I. his wife at and before the ensealing and delivery of these presents whereof the Sum of 2000. Marks in moneys and the said 1000. pounds in Jewels were and was a portion given and left unto her the said D. by the last Will and Testament of Sir I. L. her Father deceased and the residue of the said 8000 pound was and hath been encreased for her by the providence care and great love of the said Dame I. G. her Mother since her said Fathers decease of and with which said Sums of 7000 pound in Money and 1000 pound in Jewels he the said C. Lord S. doth hereby acknowledge the Receipt and himself to be fully satisfied And thereof and of every part and parcel thereof doth for himself his Heirs Executors and Administrators and for every of them fully absolutely and clearly acquit exonerate and discharge the said E. Lord G. and Dame I. his Wife their Heirs Executors and Administrators and every of them for ever by these presents And for and in consideration of a competent Joynture to be had and made unto the said D. in case the said Marriage shall take effect and that she the said D. shall survive and over-live him the said Lord S. and for the better preservation and continuance of all and every the Mannors Lordships Messuages Lands Tenements and Hereditaments hereafter mentioned in the name and blood of the said Lord S. so long as shall please Almighty God also for divers and sundry other good and valuable Considerations him the said Lord S. hereunto especially moving Hath Covenanted promised granted and agreed and by these presents doth for himself his Heirs Executors Administrators and Assigns and for every of them covenant promise grant and agree to and with the said E. Lord G. and I. S. their heirs and assigns A Covenant to levy a Fine and to and with every of them That he the said C. Lord S. shall and will before the end of Michaelmas Term next ensuing the date of these presents before the Justices of our Soveraign L. the King of his Majesties Court of Common-Pleas at Westminster or before some other competent and fit person and persons thereunto lawfully and sufficiently authorized acknowledge and levy one or more Fine or Fines Sur Conusance de droit come ceo c. in due form of Law with Proclamations thereupon to be made according to the Common course of Fines in that case used and the Statute in that behalf made and provided unto them the said W.N. and A.T. and their heirs or the heirs of one of them The Mannors of all those his Mannors Lordships Lands Tenements and Hereditaments called or known by the several names of S. c. scituate lying and being in the County of Es with their and every of their Rights Revenues Members and Appurtenances whatsoever and of all that the Rectory and Church of H. with the Appurtenances thereof whatsoever General Words and of all and singular Messuages Houses Edifices Barns Stables Dove-houses Back-sides Orchards Gardens Lands Tenements Meadows Feedings Pastures Commons Wayes Passages Wast-grounds Heaths Furze Moors Marshes Woods Under-woods Rents Reversions Services Tithes as well great as small and of all other Hereditaments whatsoever scituate lying and being growing arising renewing and increasing within any the Towns Parishes Hamlers Tithings or Fields of S. c. in the said County of E. and in every or any of them or elsewhere to the said Mannors Rectory or other the Premisses or any of them belonging or in any wise appertaining or therewith used and enjoyed by such name and names and under such number of Mannors Messuages Cottages and Acres and in such sort manner and form as by the said E. Lord G. and J. S. their heirs or assigns or by their or any of their Councel learned in the Law shall be reasonably advised devised or required The true intent and meaning of which said Fine and Fines so to be acknowledged and levied of the said premisses between the said parties as aforesaid shall be and so shall be construed meant intended and adjudged to be to and for the use and behoof of the said W. N. and A. T. their heirs and assigns for ever To the only intent and purpose that they the said W. N. and A. T. shall and may stand and be full and perfect Tenements of the Freehold of the said Mannors Lordships and all and singular the premisses and of every part and parcel thereof with the appurtenances untill one or more perfect Common Recovery or Common Recoveries To suffer a Recovery may be had and executed of all and singular the same premisses against them the said W.N. and A.T. and their heirs according to the true intent and meaning of the said Parties to these presents And that they the said W. N. and A. T. from and after the acknowledging and levying of the said Fine or Fines by the said C. Lord S. to them the said W. N. and A. T. in manner and Form as aforesaid shall and will before the end of the said Michaelmas Term next ensuing the date of these presents permit and suffer the said E. Lord G. and I. S. to sue and presecute several Writs of Entry Sur disseisin en le post against them the said W. N. and A. T. of the said Mannors Lordships Lands Tenements Hereditaments and Premisses and of every part and parcel thereof with the Appurtenances by such name and names and under such number of Mannors Messuages Cottages and Acres and in such sort manner and form as by the said E. Lord G. and I.S. and their heirs or by their or any of their Councel learned in the Law shall be advised devised or required into and upon every of which said several Writs of Entry Sur disseisin en le post so to be brought the said W. N. and A.T. shall personally appearâ—â— And then immediately after their appearance defence made shall and will in the said actions vouch to Warranty the said C. Lord S. and he the said Lord S. upon such Vouchee of him to be made shall and will in the said actions so to be brought forthwith Gratis and without Process appear thereunto and enter into Warranty and vouch over to Warranty the Common Vouchee to the end that the Common Vouchee may also appear and enter into Warranty and afterwards make default or depart in despite of the Court so that several perfect Common Recoveries with double vouchers may be had prosecuted and executed in