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A33419 The Clerks vade mecum, or, A choice collection of modern presidents according to the best forms extant, and such as have not formerly been printed : containing all sorts of bargains and sales, leases, mortgages, grants, covenants, surrenders &c. : usefull for all persons that have relation to the practick part of the common law ... / fatihfully perused by T.P. T. P. 1655 (1655) Wing C4651; ESTC R25308 386,429 737

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R L doth beare unto G L third Sonne to the said R and to M his daughter and to other the parties hereafter in these presents mentioned and for the better continuance for so long time as it shall please Almighty God of all and singular his Messuages Lands Tenements and hereditaments in his Kindred and blood as hereafter is limited and expressed And for divers other good causes and considerations him the said R L thereunto moveing It is Covenanted granted concluded condescended and agreed between the said parties to these present Indentures and every of them And the said R L for himselfe and his heirs doth covenant and grant by these presents to and with the said A B C D and E F and every of them and the heires of them and every of them That he the said R L his heires and assignes and all and every other person and persons and their heires and assignes that now stand and be seized or that at any time hereafter shall stand or be seized of and in all and singular the Manors messuages parsonages lands tenements tithes meadows feedings pastures marshes as well fresh as salt rights jurisdictions franchises liberties fruits profits commodities and hereditaments whatsoever of the said R L with all and singular their appurtenances situate lying being coming arising happening renewing growing or increasing within the towns parishes hamblets or fields of E M or in either of them within the Isle of S in the County of K or elsewhere in the said Isle whereof the said R L is or standeth seized of any estate or inheritance in possession reversion remainder or use shall at all times from and after the feast of c. next ensuing the date hereof stand and be seized of all and singular the same premises and of every part and parcel thereof to the several uses behoofs intents and purposes hereafter expressed limited and appointed and to none other use intent behoof or purpose That is to say to the use and behoof of the said R L for during the term of his natural life without impeachment of any manner of wast And from after the decease of the said R. then of all and all manner of tythes yearly and from time to time coming and renewing and growing of all and every the lands tenements and hereditaments in the said Parish of E heretofore conveyed and assured for the jointure of A now his wife to the use and behoof of the said A for terme of her life and after the decease of the said R L of all and singular the said messuages lands tenements hereditaments and all other the premises with the appurtenances except the said Tythes And after the decease of the said A of the tythes to the use and behoof of G L for and during the terme of the natural life of the said G and after his decease then to the use and behoof of the heirs males of his body lawfully begotten and for default of such issue then to the use and behoofe of M daughter of the said R L and of the heires of her body lawfully begotten and for default of such issue to the use of the right heires of the said R L for ever Provided alwaies and the intent and meaning of these presents and of the parties to the same and every of them A Proviso to make Leases c. is and it is fully covenanted and agreed betweene the same parties and every of them that it shall and may bee lawfull to and for the said R L during his naturall life by his deede or deedes indented under his hand and seal to demise grant let limit express or appoint the premises or any part thereof at his will and pleasure to any person or persons whatsoever for such terme and termes of yeares life or lives or otherwise in possession or reversion and for such yearely rent and rents or without rent as to him the said R L shall seem good Provided also and the intent and meaning of these presents and of the parties to the same and every of them is and it is fully covenanted and agreed by and betweene the same parties and every of them that it shall or may bee lawful to and for the said G L and the heires males of his body lawfully begotten and for default of such issue to and for the said M and the heires of her body lawfully begotten by his her or their deed or deedes indented under their or any of their hands and seals to demise grant let limit expresse or appoint the premises or any part thereof at his or their will or pleasure to any person or persons whatsoever for terme of three lives in possession or for one and twenty yeares in possession so that upon every such lease grant and estate to be made for life lives and years as aforesaid there be reserved the old and accustomed yearly rents or more And so that the same lessees and grantees or their assignes do well and truly content and pay or cause to bee paid the same rents so to be reserved or mentioned to bee reserved in and by their said Indentures of Lease unto such person or persons for the time being unto whom the reversion or reversions remainder or remainders immediately depending upon the same leases and grants by the true intent and meaning of these presents shall or ought to appertaine at the dayes in their writings limited and mentioned upon demand or demands of the same rents to be made in such manner and forme as by the law are requisite in demands of rents and services or within one month next after such demand or demands And that also it shall and may be lawfull to and for the said R L during his life and after his decease to and for the said G L and the heires males of his bodie lawfully begotten by his or their deede or deeds indented at his or their will and pleasure to demise grant limit declare expresse assigne or convey the premises or any part thereof to such woman wife or wives as the same I L or such of his sonnes as is or shall bee his heir apparant shall happen to marry during the natural life of such woman wife or wives for or in the name of her jointure without any rent by her to be yeelded or paid for the same Provided alwaies that no former estate or estates lease or leases shall bee avoided or impeached by such limitation to any such wife or wives Neverthelesse it is alwaies provided and fully covenanted granted concluded condescended and agreed by and betweene the said parties to these present Indentures and every of them That if the said G L and M. or any of them or any of the heires of their severall bodies lawfully begotten to whom any use or uses estate or estates of or in the said Lands Tenements or Hereditaments herein before mentioned or any part or parcell thereof is before in or by these presents limited
set lying and being within the three several fields of S. aforesaid called c. or in any of them in the said County of Y. containing by estimation two hundred Acres be they more or lesse now or late in the occupation of the said W L or of his Assignes which late were the Inheritance of R B now deceased and the Inheritance whereof after his death descended and came unto I B as son and heire of the said R B except and out of this present demise and grant alwayes reserved unto the said W L and A his wife as heretofore he or they have usually had and enjoyed for and in respect of all the premisses or as appurtenant to the same To have and to hold the said Arable Lands Leyes Meadowes Pastures Hadds Flats and Hereditaments and all other the premisses before mentioned to be demised and granted by the said W L and A now his wife as aforesaid with their and every of their appurtenances except before excepted unto the said T C his executors administrators and assignes from the Feast of M next coming after the date hereof for during and until the full end and terme of sixty years from thence next c. if the said W L and A now wife of the said W L do or shall so long live together Yeilding and paying therefore yearly during the said term by these presents granted unto the said W L and A his wife and their assignes 1 d. of good c. at the Feast of M. only if it be lawfully demanded In consideration whereof the said T C hath demised granted and to farm letten in exchange and by these presents doth demise grant and to farm let in exchange unto the said W L and A his wife all and every the said Arable Lands Leyes Meadows Pastures and Hereditaments with their appurtenances of him the said T C containing by estimation 200 Acres be they more or lesse lying and being in the N. field of S. aforesaid as the same is now measured dowled and staked out by the said F M and I B and also all those nine Acres c. in a place there al sotted and set out amongst other for the cottages there as aforesaid To have and to hold all the said Arable Lands Meadowes Pastures and Hereditaments and all and singular other the premisses before mentioned to be demised and granted in exchange by the said T C aforesaid with their and every of their appurtenances unto the said W L and A his wife and their assignes c. for during and until the full end and terme of sixty yeares from thence c. if the said W L and the said A now wife of the said W L do or shall so long live together Yeilding and paying c. ut antea And the said W L doth by these presents covenant c. in manner and form following that is to say Discharged of former estates and incumbrances c. That they the said W L and A now his wife the executors administrators and assigns of the said W L or some of them shall and will at all times from henceforth for and during the said term of threescore years if the said W and A now wife of the said W L do or shall so long live together cleerly acquit exonerate and discharge or otherwise save and keep harmlesse and indempnified as well the said T C his heirs executors administrators and assignes and every of them as also the said premisses before mentioned to bee demised and leased in exchange by the said W L and A his wife to the said T C and every part and parcel thereof of and from all and all manner of former estates charges incumbrances chief-rents troubles and demands whatsoever had made committed or done by him the said W L and A his wife or either of them or by any other person or persons lawfully claming by from or under them or either of them whereby or wherewith the same premisses or any part thereof shall or may be charged or evicted or whereby the said T C his c. shall or may be charged incumbred or dampnified of or by reason of the same premises or any part thereof except before excepted And likewise that he the said T C his heirs executors administrators and assigns shall and may at all times hereafter For quiet enjoying and from time to time during the said term of 60 years if the said W. and A. now wife of the said W. L. do or shall so long live together peaceably and quietly have hold occupy and enjoy and all and every the premisses to him the said T C demised and granted in exchange as aforesaid and every part and parcel thereof with the appurtenances except before excepted without any manner of lawful let trouble interruption or disturbance of them the said W L and A his wife or o●her of them or of any other person or persons lawfully claiming by from or under them or any of them And the said C T doth covenant for himself ut W L antea mutat mutand And whereas it was intended and meant by and betweene all the parties to these presents That the said I B to whom the right of Inheritance of the premisses mentioned to be demised to the said T C as aforesaid doth belong and appertaine being now in his minority should have made and granted a lease in exchange unto the said T C of all the said Lands and premises to him the same T demised as aforesaid by the said W L and A his wife for the term of four score and nine years and for the yearly rent of 1 d. And that likewise in recompence satisfaction and exchange thereof the said T C should have granted in exchange unto the said I B a like Lease for the like terme of fourscore and nine yeares and for the yearely rent of 1 d. of the said Lands and premisses demised or granted to the said W L and A his wife in exchange as aforesaid And for that neither of the same Leases can be more perfectly made and finished Therefore it is now further covenanted concluded and fully agreed upon by and between all the said parties to these presents in form following viz. And the said W L doth by these presents covenant c. That he the said W L shall do his best endeavor that he may or can That an Infant shall seal a lease at his full age of 21 years to procure and get the said I B by his Deed indented to make seal and deliver as his Deed to the said T C his Heires or Assignes within three monthes next after that hee the same I B shall accomplish his full age of 21 years a sufficient demise lease and grant in exchange of all and every the said Lands Leyes Meadowes Pastures and Hereditaments and premisses with their appurtenances to him the said T C as aforesaid demised for the term of 89 years and for the
in due order of Law Annuity entailed to divers before the Queens Majesties Justices of the Common Pleas at VVestminster in the County of Middlesex unto the said I H and C S and to the heirs of the said I H of and in thirteen Messuages with the appurtenances set and being c. as by the said I and S or the heirs of the said I shall be demised And it is further covenanted and agreed between the said parties to these presents That the said Fine and all other Fines to be levied within the space of one year next after the date hereof by the said E B or his heirs of the premisses or any parcel thereof by what name or names soever either of the premisses or of the said parties or of any of them the Fine or Fines so to be levied or had immediately from the levying thereof shall be and that the said I H and C S and the heirs of the same I shall stand and be seized of the said premisses with the appurtenances to the several uses hereafter expressed and to none o●her use or uses that is to say to the use of the said E B for and during the term of seven years to be accompted from the feast of c. if the said E B and M his Mother shall so long live and after the expiration of the said seven years or death of the said B and M or either of them Then to the use of the said E and his heirs so long as the said E and his heirs and Assignes shal well or truly pay or cause to be paid unto P P of London scrievner or his Assignes at or within c. one annuity or yearly rent pension or sum of twenty pounds of lawful mony of England at four usual feasts in the year viz. at the feast of c. or on the eight and twentieth day next after every of the same feasts by even portions for and during the term of twenty and one years then next after if the said P P shall so long live And in default of payment of the said annuity c. or any part thereof in manner aforesaid Then to the use of R P third son of the said P P and of his heirs for ever And if the said annuitie of c. be truly paid in manner and forme aforesaid to the said P P or his assignes during the said one twenty years if the said P P do so long live Then after the end expiration of the said twenty one years or death of the said P to the use of the said E B and his heires so long as the said E his heires or Assigns shall truly pay or cause to be paid unto the said R P or his Assignes at or within c. and at the foure feasts aforesaid or on the twenty eighth day next ensuing every of the same feasts one annuity c. by even portions for and during the life natural of the said R. And for and in default of such payment of the said last mentioned annuity c to be truly paid to the said R P or his assignes during his natural life in manner aforesaid that after the decease of the same R to the use of the said E B or his heires for and during so long time as the said E B or his heirs shall truly pay or cause to be paid unto E P second Sonne of the said E P or to his Assignes at or in the place aforesaid and at the foure feasts aforesaid or on c. one annuity yearly rent pension or summe of twenty pounds of c. by even portions for and during the natural life of the said E P surviving the said R P and for and in default of payment of the said last mentioned annuity yearly rent portion or sum of twenty pounds in manner aforesaid then to the use of the said E P and of his heirs for ever And if the said last mentioned annuity yearly rent portion or sum of twenty pounds be truly paid to the said E P during his life as aforesaid then to the use and behoof of the said E B or his heirs shall truely pay or cause to bee paid unto the said I P Sonne and heire of the said P P surviving the said R and E for and during the naturall life of the said E at or in the place of payment aforesaid and at the four feasts aforesaid or on the three and twentieth day next c. one annuitie yearly rent pension or sum of twenty pound of c. by even portions And for and in default of payment of the said last Annuity c. Then to the use of the said I P and of his heirs for ever And if the said last mentioned annuity be truly paid ut antea Then after the death of the said I P to the use of the said E B and his heirs for ever And it is further covenanted concluded and agreed betweene the said parties to these presents for themselves and their heires That if the said R C and I P fortune to decease and depart this life before the end and expiration of the said seven years and if then the said E B his heirs and Assignes do not pay or cause to be paid unto the said P P his executors or Assigns at or in the place of payment aforesaid the summ of one hundred pounds of c. on the Feast day of the Nativity of Saint John Baptist which shall be in Anno Domini 1585. That then the said Fine so to bee levied and acknowledged and all other Fines hereafter within the said one year by the said A B or his heirs of the said premisses or any part thereof to be levied shall be to the onely use and behoof of the heir or heirs apparent of the said P P and to their heirs for ever and to none other use uses or intents any thing in these presents contained to the contrary thereof in any wise notwithstanding In witness c. A Lease of a Mill. THis INDENTVRE made c. between Sir T C Knight and Lord B. and Lady D. his wife c. of the one party and T A c. of the other party VVitnesseth That he said T and Lady D his wife as well for the consideration in a certain Covenant hereafter in these presents mentioned on the part and behalf of the said T A his executors and assignes to be performed touching the repairing amending and new building of the Mill aforesaid to the effect in the same Covenant at large expressed As also for and in consideration of the yearely rent hereafter in and by these presents reserved and for divers other reasonable considerations them moving Have demised granted and to farm letten and by these presents do demise grant and to farm let unto the said T A. all that the said Greest-mill or Water-mill with the appurtenances commonly called or known by the name or names of Downkarie
to the said A B granted as aforesaid That then he the said A B his c. shall and will within twentie daies next after notice and knowledg thereof given at or within c. well and truly paie or cause to be paid unto the said C D his c. the sum of c. at or within c. And the said A B doth covenant c. for himself his executors and assigns and for every of them To receive rents and to give an Accompt thereof yearly to and with the said C D his executors administrators and assignes by these presents That he the said A B his executors and assignes shall and will yearly during the term aforesaid do as much as in him or them shall lie without suit in Law to gather collect and leavie all the rents revenues fines amercements and all other yearly profits which shall happen to arise come grow or be due to the said C D his heirs c. at any time during the said term within the Manors of c. and the rents and other profits yearly coming thereupon shall paie and deliver everie half year to the said C D his heirs or assignes and shall yearly once in the year make a just accompt of his or their Receipts and thereof make true payment to the said C D his heirs or assigns at or within c. without any manner of fee allowance or wages to be demanded for the collection or gathering of the same And shall also yearly at the proper costs and charges of the said A B his executors and assigns finde To provide meat for the Steward allow and provide sufficient good decent convenient and wholesome meat drink and lodging for the stewards surveyors or other officers of the said C D his heirs and assignes and their four servants horse-meat stubble room and litter for their horses repairing thither once in a year for the keeping of Courts or to survey or otherwise to do there for the space of two whole dayes and two whole nights yearly during the said Terme The recital of an Indenture and Covenants of a Lease for term of lives THis INDENTURE quadripartite made between A B of c. C D of c. E his wife of c. and F G his son of c. witnesseth That whereas the said A B hath by his deed indented bearing date c. for divers good considerations therein recited demised granted and to farme let to the foresaid C D. E his wife and the said F his son All that the site of the Mannor of Crainford St. Johns in the County of c. with all houses buildings barnes c. to have and to hold the said site of the said Mannor and all other the premisses with all and singular their apurtenances except before excepted unto the said C D. E his wife and F their son during their naturall lives and to their Assignes and to the survivor and survivors of them and to the assignee and assigns of the survivor and survivors of every of them yeilding and paying therefore yearly during the said Term to the said A B his heirs and assigns ten l. of c. at the feasts c. by even and equal portions And where the said C D. E his wife and F their son for them and every of them their and every of their c. did by that Indenture covenant promise and grant to and with the said A B his heirs and Assignes in manner and form following viz. That the said c. reciting the Covenants for reparations and for discharging of quit-rent and a covenant to provide meat for the steward verbatim as in the original Lease And the said A B for him his heirs executors and administrators did by the said Indenture covenant promise and grant to and with the said C D. E his wife and F their Son and every of them their and every of their Executors administrators and assigns by these presents that it shall and may be lawful to and for the said C D. E his wife and F and every of them their and every of their Assignes during the said Terme to take sel c. reciting the covenant for taking house-boot fire-boot c. verbatim ut antea Provided alwaies that if it shall fortune the said yearly rent of 10 l. or any part thereof to be behind unpaid in part or in all by the space of eight dayes next after either of the said feasts in which it ought to be paid as aforesaid and the same being lawfully demanded that then and at all times from thenceforth it shall and may be lawful to and for the said A. his c. into the said site Reentry and all other the premisses before by the said Indenture demised and every part thereof to reenter and the same to have again and repossesse as in his or their former right The same Indenture or any thing therein contained to the contrary in any wise notwithstanding And that the said A B for him his executors and administrators did further in the same indenture covenant c. reciting the Covenant for quiet enjoying at large c. And forasmuch as the aforesaid C D and E his wife and F their Son have surrendred all their estate right title and interest of in and to all and singular the above recited premisses to the said A B upon divers good considerations and chiefly upon this confidence that the said A B should presently assure all and every the premises to the said C D E his Wife and to the aforesaid F to them and to their assigns and to the assignee and assigns of every of them during their lives and the longer liver of them according to the tenor purport and true meaning of the said former Indenture in such sort that none of the Lessees or Grantees should be able to hinder or prejudice any of the other Grantees or Lessees neither by grant surrender or forfeiture whatsoever The said A B for the favour and good will and carefull zeal which he beareth to the parties aforesaid and in consideration of a Marriage to be had between the said F and H A lease for term of three lives doth by these presents demise grant and to farm let unto the said C D and E his wife to the said F all that the Site of the Manor of Crainford S. Johns in the Countie of c. To have and to hold the said Manor and all other the premises with all and singular their appurtenances except before excepted unto the said C D E his wife and F during their naturall lives and to their assignes and to the survivor and survivors of them and to the assignee and assignes of the survivor and survivors of every of them Yeilding and paying c. with the like covenants and proviso of re-entrie as before but with this condition following Neverthelesse the said A B doth by these presents covenant grant and agree
appurtenances being parcels of the said Manor of S. and which were late the Copie-hold inheritance of T C deceased according to the custome of the said Mannor And the said D S doth covenant c. That the said Copie-hold lands at the time of the making and perfecting of the said surrender shall be Discharged of incumbrances and so at all times for ever hereafter shall continue unto the said I P his heirs and assignes clearly discharged or otherwise sufficiently saved and kept harmlesse of and from all former charges estates titles troubles surrenders forfeitures and incumbrances whatsoever made committed suffered or done by the said T C deceased his heirs or assignes or by the said E S his heirs or assigns or by the said D S. or by any other person or persons by or with their and every or any of their means assent title interest act sufferance or procurement And the said D S doth covenant c. That the said Copie-hold lands and premisses before mentioned to be granted and assigned as aforesaid That the lands are of a certain value per Annum now are of the clear yearly worth and value of twentie pounds by the year above all rents charges and reprizes and are and now be well worth to be so let or set And that the same close shall from time to time hereafter so remain be and continue of the value aforesaid unto the said I P. his heirs c. during the term and continuance of the said severall mentioned or recited Leases and either of them A Bargain and Sale of Swans and a Swan mark TO all Christian people to whom this present writing shall come A B of c. greeting c. Know ye that I the said A B. for divers good causes and considerations me in this behalf especially moving have given and granted and by this my present Writing do give grant and confirm unto C D of c. all those my Swans and Signets and game of Swans and Signets both white and gray marked with the Ragged staffe swimming remaining and being in upon and about the River of W. in the Countie of L. or in upon or about any other rivers brooks waters or places within the same Countie of L or elsewhere wheresoever And all rights royalties priviledges preheminences profits commodities whatsoever to the same Swans and Signets and game of Swans and Signers or any of them in any wise belonging incident or appertaining Together with the Swan mark aforesaid To have and to hold the said Swans and Signets and game of Swans and Signets and Swan mark aforesaid with their rights and appurtenances whatsoever unto the said C D his heirs and assignes for ever in as large ample and beneficiall a manner and form as I the said A B or any my Ancestors ever have had held or enjoyed or might or ought to have had held or enjoyed the same In witnesse c. A Bargain and sale of Underwood THis INDENTURE made c. Between c. Witnesseth That the said A B. for and in consideration of the sum of c. whereof c. Hath bargained and sold and by these presents doth bargain and sell unto the said C D all and singular Woods and Underwoods growing and being within the Grove called W. Grove and the hedg of the same containing by estimation 26 Acres be it more or lesse lying and being in the parish of D in the Countie of H. and also all the lopps and shreds of all such trees being within the said Grove called W. as have been usually lopped at the felling of the Underwood growing within the said Grove Except and alwaies out of this present sale reserved unto the said A B his heirs and assignes all manner of Trees whatsoever other then underwood now growing or being in or upon the same Grove or any parcell thereof To have and to hold the said underwood lopps and shreds before by these presents bargained and sold except before excepted unto the said C D. his executors and assignes to his and their onely proper use and behoof And the said A B doth covenant c. That he the said C D. his executors and assignes at his and their libertie and pleasure shall or may peaceably and quietly have hold take occupie and enjoy and enter into the said Grove and every part and parcell thereof there to fell hew cut down all and singular the said woods and underwoods and hedgrowes at all seasonable times in the year from the day of the date hereof untill the c. and the same so felled hewed and cut down with his and their or any of their horses carts and carriages to bear lead carrie and convey from thence to any other place or places at his and their libertie and pleasure at all time and times during the space of three years by all convenient wayes thereunto now used und accustomed without any lawfull let contradiction c. And the said C D doth covenant c. That he the said C D. his executors or assignes shall and will at every felling which hee or they shall make of the said woods underwoods and trees leave standing and growing in and upon the premisses so many competent and sufficient standards studdles and stories as by the lawes and statutes in that case provided is or ought to be left And also shall and will at his and their own proper costs and charges make all the hedges and fences of the young Springs of the said Wood for the safe keeping thereof from hurt and spoil of beasts and cattell according to the custome of the Countrie there In witnesse c. A sale of a ward or a wardship THis INDENTVRE made c. between c. witnesseth that the said A B for and in consideration of the sum of c. whereof c. hath given granted bargained and sold and by these presents doth c. unto the said C D his executors and administrators the wardship custodie and marriage of E F sonne and heire of G F deceased and unaffyed and uncontracted to or with any woman and all his right estate title possession and interest of and in the said custody and marriage together with the Letters patents of our Soveraigne Lady the Queens Majestie that now is made to the said A B of and concerning the same and all annuities rents payments allowances interests profits and commodities advantages and benefits which by the said Letters patents be in any wife given granted allowed assigned or appointed to the said A B. to have possesse and enjoy the same wardship custodie and Marriage of the said E F unaffyed and uncontracted as abovesaid and all other the premisses to the said C D his executors administrators and assignes to the proper use and behoof of the same C D his executors administrators and assignes And the said A B for the considerations abovesaid covenanteth and granteth by these presents for himselfe his c. to and with
estates in the said recited Indenture expressed declared or limited of and in all and singular the premises shall from henceforth for ever be utterly void determined revoaked adnulled and of none effect to all intents constructions and purposes The said recited Indenture or any thing therein conteined to the contrary thereof in any wise notwithstanding And further I do by these presents absolutely limit signifie declare and appoint that all and every person and persons whatsoever and their heires that now stand and be seized of or in the said Manors Messuages Lands Tenements Hereditaments and premisses before recited or of or in any part or parcel thereof shall immediately from henceforth and at all times hereafter for ever stand and be seized of and in all and every the said manors lands tenements hereditaments and all other the premises and of and in every part and parcel thereof with the appurtenances to the onely proper use and behoof of me the said W C my heires and assignes for ever and to none other use intent or purpose Any thing in the said recited Indenture mentioned or any other matter or thing whatsoever to the contrary thereof in any wise notwithstanding In witnesse c. A Revocation very short BE it known unto all men by these presenrs That I A B c. do by this my present deed or writing sealed with my seal and signed with my hand in the presence of c. Repeale revoake and determine and do declare to be repealed revoaked and determined all and singular the uses and intents mentioned in the Deed Indented hereunto annexed of and for all and singular the Lordships Lands c. mentioned in the said deed and of and for every part and parcel thereof And doth by these presents absolutely limit determine and appoint that all and singular the feoffees and parties mentioned in the said Deed Indented and their heires and assignes shall immediately from henceforth stand and be seized of and in the Lordships c. mentioned in the said Deed Indented and of every part and parcel thereof to the onely use and behoof of me the said A B my heires and assignes for ever in pure and absolute estate in fee simple and to none other use intent or purpose In VVitnesse c. An Indenture between executors THis INDENTURE made the c. betweene R H of c. and A his wife one of the executours of the last Will and Testament of B c. deceased of the one partie and T D of c. Son and heire and the other executor of the said B D of the other partie That where the said B D did make his last Will and Testament in writing bearing date c. and thereof did constitute and make the said T and A his executours and did in and by the same his last Will and Testament give and devise unto the said A the now wife of R H the summe of one thousand pound of c. amongst other things in the said Will mentioned Of which said summe of one thousand pounds the said R H and A his wife do acknowledge the receipt and themselves thereof well and truly satisfied contented and paid and thereof and of every part and parcell thereof do cleerly acquit and discharge the said T D his heires executors and administrators and every of them by these presents And where also the said B D did in and by his said last Will and Testament give and devise unto the said T D the sum of 1500. l. of c. to be paid unto him when he should accomplish the age of one and twenty years of which said summe of 1500 l. the said T D doth acknowledge the receipt accordingly and himself therof well and truly satisfied contented and paid and thereof and of every part and parcell thereof doth cleerly acquit and discharge the said R H and A his wife and either of them their heires executours and administrators and every of them by these presents And whereas also the said B D did in and and by his said last Will and Testament give and devise unto his Son R D the summe of three hundred pounds of c. to be paid unto him at his age c. and willed in and by his said last will his executor of his said will and his loving friends W P and H B should in good and frugal sort let out and employ according to their best discretion for the further benefit and increase of the said summe and stock so bequeathed unto the said R untill he should come to the age of 24 years and out of the profits and increase of the said stock of 3000 l. to give and allow unto the said R such yearely allowance for his maintenance as should be fit by the consent and good liking of his very good friend H M. And that if it should happen the said R to decease before he came to the age of four and twenty years being unmarried at the time of his such decease before his age of 24 yeares then he willed that the said portion of 300 l. and the increase thereof defalking the maintenance of the said R in the mean time should be and remaine to all his Sons then living to bee equally divided amongst them to bee paid at the accomplishment of their several ages of foure and twenty yeares And did likewise by the said Wil give and bequeath unto H B and I D the younger Sonnes of the said B D the father the summe of two hundred pounds a piece to be paid unto them at their several ages of four and twenty yeares and not before which said summes he also willed that his said executors and the said W P and H B should in good and frugal sort let and imploy c. as before for R D as in and by the said last Will and Testament more at large it doth and may appear Now this Indenture witnesseth that the said R H and A his wife have surrendred relinquished and yeilded up and by these presents do surrender relinquish and yeild up unto the said T D all their and either of their right of executorship and right of executors concerning the said portions which they or either of them have or hath by reason or in respect of the last Will and Testament of the said B D the father or otherwise howsoever And further also That hee the said T D hath received and had the said several legacies and summes of mony devised by the said B D the Testator to his four younger Sonnes as aforesaid And the said T D for himself c. doth covenant c. to and with the said R H and A his wife their and either of their executors and administrators and every of them by these presents that he the said T D his heires executors and assignes shall and will from time to time and at all times hereafter untill such time as the said R D. H D. B D. and John D. the Sonnes
said A VV. of a true and full estate of inheritance in the law in Fee to his own use without any manner of condition mortgage or redemption And further that the said reversion or remainder of the said messuage or tenement and other the premises with the appurtenances from by and after the decease of the said A VV the mother at the day of the date hereof are and be and so at all times from henceforth shall be and continue free cleare and clearly acquitted exonerated and discharged and saved harmlesse by the said R W. his heirs executors and administrators of and from all and every former bargaines sales gifts grants leases statute merchant and of the staple recognizances joyntures dowers wills entails intrusions rents charge rents seck arrearages of rents and of and from all other charges titles troubles incumbrances and demands whatsoever had made committed suffered or done c. In witnesse c. An assignment of a Recognizance with very good Covenants therein inserted THis Indenture made c. Between T P. of c. Gent. of the one part and C D and R D c. on the other part Witnesseth That whereas VV P of c. son and heir apparant c. by one recognizance acknowledged in his Majesties high Court of Chancery bearing date c. Hath acknowledged himself to owe and stand indebted unto the said T P in the sum of c. payable to the said T or to his certain Atturney his c. in manner and form as by the said Recognizance together with a certain condition thereunto subscribed in the said Court of Chancery enrolled and remaining of Record now at large it may appear Now the said T P. for divers causes and considerations him moving Hath bargained assigned and set over Grant and by these presents doth c. unto the said C D and R D the said Recognizance and all and every summ and sums of money therein contained and all the profits benefit advantage and commodities which shall or may in any wise hereafter grow be had gotten arise accrue or come to the said T P. or to his executors c. upon or by reason of the same Recognizance or any thing therein contained And also the said T P doth by these presents authorize and appoint constitute ordain and make the said C and R their executors administrators and assigns and every of them the lawfull Atturnie and Atturnies irrevocable of and for the said T P his executors and c. and in his or their name or names to sue and prosecute all and every such lawfull action execution processe actions executions processes as shall or may be commenced sued or tryed in upon or concerning the said Recognizance or any sum of money debts duties or demands whatsoever in the same contained comprized or specified or by reason thereof to be had or obtained and other Atturnie or Atturnies for or under them or any of them or in their or any of their behalfs to substitute make and ordain and the same to disallow change and remove when and as often as they the said C and R. and their executors administrators or assigns or any of them shall think good And the same summ and summs of money profits commodities and demands and every of them or any other thing in satisfaction thereof to receive have take and enjoy to the onely proper use and behoof of the said C and R their executors administrators and assigns or any of them and therefore or for the same to make composition agreement or discharge whatsoever they the said C and R. their executors c. or any of them shall think good And also the said T P. for himself c. That he the said T P. his executors That hee shall permit him to sue administrators and assignes shall and will quietly permit and suffer the said C and R. their executors c. and every of them at their or some of their own proper costs and charges to prosecute sue implead and attempt at any time or times and from time to time hereafter all and every such lawfull and reasonable action execution suit processe and demand whatsoever in the name or names of the said T P. his executors administrators or assignes or any of them which he the said T P. his executors c. or any of of them may might should or ought to have upon or by force or means of the said Recognizance or touching or concerning any sum of money dutie or demand whatsoever concerning the same or any thing therein contained comprised or specified or any thing thereupon to be had and obtained And that hee the said T P. his executors administrators and assigns shall and will at every time and times hereafter and from time to time upon the reasonable request and at the costs and charges of the said C and R. or one of them their or one of their executors administrators or assignes avow justifie and maintain all the said actions suits processes and demands And that neither he the said T P. nor his executors or administrators shall at any time hereafter revoke That he shall not release without consent discontinue discharge release or otherwise wittingly and willingly hinder or delay any such action execution suit processe or demand whatsoever as shall be so attempted pursued or had as is aforesaid or any of them without the consent of the said C D and R D their executors administrators or assignes or any of them first had and obtained in writing under their hands and seals And also that neither he the said T P at any time heretofore hath received the said sum of c. nor any part thereof nor hath released extinguished determined or in any wise discharged the said recognizance or hath at any time done or committed or shall hereafter without the speciall consent of the said C and R. their executors c. or some of them first had and obtained in writing willingly do or commit any act or thing whereby or by reason whereof any such action execution suit processe or demand whatsoever as shall be so attempted pursued or had by the said C and R. their executors administrators or assignes or any of them in the name or names of the said TP his executor or administrators upon concerning or by reason of the said Recognizance or any thing or demand thereupon to be had shall or may be discharged released or barred And also that the said C D and R D. their executors administrators and assigne● and every of them shall or may at all times hereafter have receive and take to their owne proper use and behoof the whole execution benefit and commoditie and all and every summ and summes of money and other thing and things whatsoever as at any time hereafter shall fortune to be recovered had and obtained by reason of the said Recognizance or any such action suit extent or execution as shall or may be commenced
or occupation of G B. To have and to hold the said two messuages or tenements three Yard land houses buildings barnes stables orchards gardens and all other the premises with their appurtenances before by these presents demised or mentioned to be demised and every part and parcel thereof except before excepted unto the said T W his c. from the feast day of c. before the date of c. unto the full end and term of c. from thence next ensuing and fully to be compleat and ended if T W Son of the said T W party to these presents G W and A W or any of them shall so long live Yeilding and paying therefore yearely during the said term unto the said I B his c. the sum of c. at two most usual feasts or terms in the yeare That is to say At the feast of the Nativity of S. c. by even and equal portions And if it shall happen the said yearely rent of c. to be behind and unpaid in part or in all after either of the said feasts in any yeare during the said term in which the same ought to be paid by the space of 28 daies being lawfully demanded and no sufficient distresse to be had or found in or upon the demised premises that then and at all times afterwards it shall and may bee lawfull to and for the said I B his Heires and Assignes and every of them into all and singular the said demised premises and every part thereof wholly to re-enter and the same to have againe and enjoy as in his and their former estate And the said T W his c. from thence utterly to expel and put out this Indenture or any thing before specified to the contrary notwithstanding And further c. that he the said T W partie to these presents his c. shall and will from time to time and at all times hereafter during the continuance of this present lease For Reparations at his and their own proper costs and charges well and sufficiently repair uphold sustaine maintaine and keep the said messuage or tenement and all other the said demised premises in good and sufficient reparations and the same so being well and sufficiently repaired upholden and kept in the end of the said term or other sooner determination of this Lease shall leave and yeild up unto the said I B his heires or assignes the said T W from time to time having and taking by the assignment and appointment of the said I B his heires or assignes sufficient Timber upon the said demised premises for the reparations of the same if any such Timber be there to be had otherwise the said Timber to be found and reparations done as aforesaid at the proper provision and charges of the said T W partie to these presents his executors or assignes And that neither the said T W his executors or assignes or his and their under-Tenants shall commit or doe any wast or strip any trees hedges quicksets mounds or fences upon the premises And the said I B for himselfe c. That the two messuages or Tenements three Yard land and all other the fore demised premises with the appurtenances That the premises be discharged of incumbrances and every part and parcel thereof now are and be and so from henceforth during the continuance of this present Lease shall be and continue clearly acquitted exonorated and discharged of and from all and all manner of former bargaines sales gifts grants joyntures dowers leases annuities rents arrearages of rents statute merchant and of the staple recognizances judgments executions wills entailes legacies titles troubles and incumbrances whatsoever had made committed suffered or done or to be made had c. by the said I B. by the said G B deceased his Father I B his Grandfather and R B his Uncle or by any of their heires c. or by any other person or through their or any of their meanes act title consent or procurement One lease heretofore made by the said G B of one messuage or tenement and other things parcel of the premises before by these presents demised unto the said A P for and during the naturall life of the said A P. whereupon the yearely rent of c. is reserved and shall be from henceforth during the continuance of the same lease due and payable unto the said T W partie to these presents his executors administrators and assignes onely excepted and foreprised And further the said I B for hinself his heirs To exchange a life within ten yeares executors and administrators doth covenant c. that if at any time hereafter during the space of Tenne yeares next ensuing the date of these presents the said T W or his assignes shall be minded to exchange and put in one other life in the stead and place of any of them the said T W the son G. and A W. the partie put out being then living that then within three weeks next after request in that behalf made and payment of c. to the said I B in consideration thereof he the said I B his heires or assignes shall and will at the costs and charges of the said T W. partie to these presents his executors or assignes make seale and deliver in due form of law unto the said T W partie to these presents his executors and assignes one other good and sufficient lease for the residue of the said terme which shall be then to come if any two of the persons before named and such other persons as shall be then nominated and put in shall so long live and under the like rents covenants and conditions as in these presents is expressed mutat mutand And further that the said T W partie to these presents his executors administrators and assignes For quiet enjoying and every of them under the rents and covenants herein before mentioned shall or may peaceably and quietly have hold possesse and enjoy the said two messuages or tenements three yard land and all other the fore-demised premisses with the appurtenances and every part thereof during the whole term hereby granted if the said T W the son G VV. and A VV or such other person as shal be herafter named with two of them in the stead and place of any of them so dying or exchanged shall so long live without the lawful let trouble eviction expulsion or contradiction of the said I B his c. or of the c. of the said G B deceased or of any other person or persons whatsoever except only the said A B for her lease before mentioned That the premises are discharged of Incumbrances And the said C D and I D for themselvs either of them severally and respectively and not the one for the others nor the others act for their several c. do covenant promise and grant to and with the said T VV partie to these presents his
seized and hath power to demise ANd the said G H for himselfe c. That he the said G H at the time of the ensealing and delivery of these presents is and standeth lawfully seized of an indefeizible estate of inheritance in Fee-simple or Fee-taile of and in all and singular the before demised premisses with the appurtenances and every part and parcel thereof without any manner of condition or limitation of use or uses to alter and change the same and also that he the said G H now hath full power true Title and absolute Authority to demise grant c. the said Messuage Tenement or Farm and all other the demised premisses with the appurtenances and every part and parcel thereof unto the said I P his executors administrators and assigns for the term of c. in manner and form as in and by these presents is mentioned limited and expressed A Covenant That the Lessee shall not commit waste cut nor sell the trees without the consent of the Lessor AND the said T H for himselfe c. That he the said T H his executors administrators and assignes nor any of them shall not at any time hereafter during the said term commit cause procure or wittingly suffer to be done any manner of wilful waste or destruction in and upon the premisses or any part thereof nor shall cut sell take or carry away or cause procure or wittingly or willingly suffer to be cut felled taken or carryed away any of the woods under-woods or trees growing standing and being or which hereafter shall stand grow or be in or upon the premisses before demised or in or upon any part or parcel thereof without the License consent or agreement of the said V R his heires or assignes in writing first had and obtained A Liberty to make Leases PRovided alwayes and the true intent c. That it shall and may be lawful to and for the said I P at any time hereafter during c. to lease demise or grant the said Manor Lands c. or any part or parcel thereof to any person or persons whatsoever for the term of c. and under such Covenants Articles and Agreements and to such use and uses as to the said I P shall be thought meet and convenient any thing before in these presents contained to the contrary thereof in any wise notwithstanding An Indenture of Covenants for passing of a Recovery in the Common Pleas to cut off an Intail THis INDENTURE made c. between E C of c of the one part and W O and I H of c. of the other part Witnesseth That it is covenanted granted concluded and agreed by and betweene the said parties to these presents and the said E C shall and will permit and suffer the said W O and J H to purchase and bring out of the Kings Majesties High Court of Chancery a Writ of Entry Sur Disseisin in le post returnable before the Justices of the Common Pleas at Westminster at some certain day of Return in Easter Terme next coming by which Writ the said VV O and I H shall demand against the said E C all that Messuage Tenement or Farm with t●e appurtenances situate c. late in c. and also all that close of Pasture ground commonly called c. containing c. and all that close of Pasture c. and also all and singular Lands Tenements Rents Reversions Services Commons Profits Commodities Emoluments and Hereditaments whatsoever with all and singular the appurtenances to the premisses or any part or parcel thereof belonging or in any wise appertaining by such name and names and in such manner and form and by such number and quantity of acres as by the said W O and I H or the Survivors of them or the Counsel learned of them shall be demised To which Writ the said E C shall appear personally or by Atturney in the said Court of Common Pleas and enter into the said warranty and imparle and shall not after depart in contempt of the Court so as a good and perfect recovery shall and may be had in due form and order of Law of the said Messuages Land c. and all other the premisses with the appurtenances according to the usual course of common recoveries for assurances of Lands and Tenements in the said Court of Common Pleas. And that a Writ of Habere fac ' seifinam shall be thereupon awarded executed and returned accordingly And it is further condescended and agreed by and between all the said parties to these presents That as well the said recovery so to be had and executed as aforesaid as also all and every other recovery or recoveries conveyances and assurances whatsoever which before the Feast of c. shall be had and executed by and between the said parties to these presents or any of them of the said Messuages Lands Tenements and Hereditaments and all and every other the premisses with the appurtenances or of any part or parcel thereof by what name or names soever the same shall be so had and executed and the full force and execution of them and every of them shall enure and be and shall be construed adjudged and taken to be and enure unto the said VV O and I H and the Survivors of them and the Heirs of the Survivors of them shall for ever from thenceforth stand and be seized thereof and of every part thereof to the only use and behoof of the said E C. his heirs and assigns for ever and to no other use intent or purpose In witnesse c. A Defeazance for payment of 100 l. per annum for a certain time THis INDENTVRE made c. between W W of c. and W W the younger son and heir c. on the one part and R M c. on the other part Witnesseth That whereas the said W W the elder and W W the younger in and by one Recognizance or writing obligatory of the nature of a Statute Staple lately made and provided for the recovery of debts bearing date c. It is now neverthelesse covenanted granted concluded and fully agreed upon by and between the said parties to these presents and of the parties thereunto is and the said R M is contented and pleased That if W W and W W the elder or either of them their or c. do and shal every year yearly from and after the c. next ensuing the date of these presents for and during the term of c. from thence next ensuing and fully to be complete and ended well and truly pay or cause to be paid unto the said R M his c. at or in c. one annuity or yearly sum of C l. of lawful c. at two daies or terms in the year that is to say on the c. and the c. from time to time every year yearly one next and immediately ensuing the other by even and equal portions during the
P his heirs or assigns upon the payment of every of the particular payments aforesaid upon reasonable request seal and deliver in due form of Law a sufficient Acquittance or Discharge testifying the receipt of every the said particular sums which shall be truly paid according to the true meaning of these presents In witnesse c. A Condition to pay a sum of Mony at a time after the day of Marriage or hour of death which shall first happen THe Condition c. That if the above bounden A R his c. or any of them do well and truly pay or cause to be paid unto the above named R S his c. at or in the c. the full sum of c. of lawful c. within the time and space of c. next ensuing after the day of Marriage or hour of death of him the said A which shall first happen after the date above written without fraud or covin That then c. A Release of Errors in a Fine LEt all men know That whereas we A and C B this instant Term of St. Hillary have acknowledged and levyed one Fine unto I B and his heirs of one Messuage c. to the only use and behoof of the said I B for ever we the said A and B at the request of the said C and the said C do for us and every of us and our heirs release unto the said I B his heirs and assigns all errors mis-enterings raisures and and all other defects whatsoever in the said Fine or in the Writ of Covenant thereof and all other demands whatsoever for or concerning the said Messuage and premisses or any part thereof In witnesse c. A release of all right c. in Lands to him in possession TO all Christian people to whom this present writing shall come I T. Mills of VVestminster in the County of Middlesex send greeting in our Lord God everlasting Know ye that I the said T M for divers good causes and considerations me hereunto especially moving have remised released quit claimed and confirmed and by these presents for me and my heires doe fully freely cleerly and absolutely remise c. unto R H Citizen and G. of London and M his wife and the heires and assigns of the said R. to the only proper use and behoof of the said R H and M his wife and the heires and assigns of the said R H for ever in his her and their full and peaceable possession and seisin being all such estate right title interest property possession reversion and reversions claime and demand whatsoever which I the said T B or my heires have should may might or of right ought to have and claim by force and vertue of one indenture of bargain and sale inrolled in his Majesties high Court of Chancery bearing date the 8 day of J. in the seventh year of the Reigne of our now Soveraign L K. Charls made between I B of VVestm aforesaid Brewer of the one part and me the said T M of the other part or by any other wayes or means whatsoever to of and in all that c. with all and singular the rights commodities priviledges wayes easments passages profits advantages emoluments and hereditaments whatsoever with their and every of the appurtenances to the said site and other the premises or any part or parcel thereof belonging or in any wise appertaining and to of and in the reversion and reversions of the same and all rents and yearly profits reserved upon any lease or leases made thereof or of any part thereof all which premises with the appurtenances the said R H and M his wife by indenture of bargaine and sale bearing date the seventh day of M. last past before the date of these presents bought and purchased to them the said R H and M. and the c. of the said R for ever of the said I B. as in and by the said last mentioned Indenture may more fully and at large appear To have and to hold all and singular the aforesaid premises and every part thereof with the appartenances unto the said R H and M. and the c. of him the said R. to the only proper use and behoof of him the said R H and M his wife and the c. of the said R for ever so alwaies that neither I the said T M nor my heirs nor any other for us or in the name or names of us or any of us any right title interest possession reversion claim and demand to of in the premises with the appurtenances or any part or parcel therof at any time or times hereafter shal ask pretend claim challenge or demand but from all and all manner of actions suites estates rights titles intents claims and demands to of and in the same premises to be asked claimed or demanded we and every of us are thereof cleerly excluded and barred for evermore by these presents And I the said T M and my heirs all and singular the aforesaid premises with the appurtenances unto the said R H and M his wife and the heirs and assignes of the said R. to the only proper use and behoofe aforesaid against mee the said T M and my heirs and all and every person and persons and their heires lawfully claiming by from and under us or any of us shall and will warrant and defend for ever by these presents In witnesse c. A grant of an advowson THis INDENTURE tripartite made the fifth day of January in the fifteenth yeare of the Reign c. between the Right Honourable Robert Earle of E. and E Viscount L. Sir C N of the honourable order of the Bath Knight R G Citizen and Alderman of London W R and H H of London Esq and H J of London Gentleman of the first part and T S of W. in the County of S. Gent. son and heir of T S late of W. aforesaid Gentleman deceased of the second part And I G of the inner Temple London Esquire J M. T. C. and J D of London Gentlemen on the third part Witnesseth That the said T S. for and in consideration of the summe of one thousand two hundred and fiftie pounds of lawfull money of England to him the said T S by the said Earl c. at and before the ensealing and delivery of these presents well and truly paid the receipt whereof he the said T S acknowledgeth by these presents and himself to bee therewith fully satisfied and therof and of every part and parcell thereof doth cleerly fully and absolutely acquit exonerate and discharge them the said Earl Viscount c. their heirs c. and every of them for ever by these presents And for and in performance of certain articles of agreement made between the said T S on the one part and the said Viscount c. on the other part bearing date the 20th of December last past before the date hereof and for divers other good causes and