the disposing of his lands and ten devise and bequeath unto E.M. Son of him the said T.M. all those his lands tenements in R. aforesaid which were sometimes T.K. the Grandfather of him the said T. to have and to hold all the said Lands and Tenements with all and singular the appurtenances to the said E. M. and to his Heirs for ever when he should come to the age of c. and the said T.M. did by the same his last will Testament further will that if his said Son did fortune to die before he came to his said age of c. that then his said will and mind was that all those his said lands and tenements should remain unto them the above named G.M. and H.M. his Brothers parties to these presents to be had and held unto them the said G.H. their Heirs for ever as in the said last will and testament of him the said T. M. more plainly and at large it doth and may appear And whereas the said B.M. Son of the said T. is sithence the said time and before his said age of c. departed this life without Heirs of his Body By reason whereof they the said G. and H. have according to the said last will and testament of him the said T.M. entred into the said premises unto them devised as aforesaid and by vertue of the last will and testament now are and stand joyntly as Joyntenants seized thereof in their demesn as of Fee And whereas also they the said G. and H. are seised in fee as Coperceners in Gavelkind of other Messuages lands and tenements Now therefore unto the end and intent that a perfect partition may be had and made between them the said G.M. and H.M. of all and singular the said messuages lands tenements and hereditaments to them devised or descended as aforesaid and that every of them their and every of their Heirs Assigns may from henceforth severally have and enjoy in severalty without any impeachment or disturbance of the other of them his or their Heirs or Assigns his their part and portion of the said Messuages to them bequeathed or descended as aforesaid they the said G. M. and H. M. by their own mutual consent and agreement and by the mediation of certain friends indifferently elected and chosen between them have made partition and division and do by these presents for them their Heirs and Assigns make partition and divide the said Messuages c. to them bequeathed or descended as aforesaid in manner form as hereafter is mentioned that is to say first he the said G. M. shall have for his part and portion of the said messuages c. to them the said G. H. bequeathed or descended as aforesaid one messuage c. and other th' appurtenances together with one c. cont in the whole by estimation c. whether more or less sit c. To have and to hold the said Messuage and other the said premises with their appurtenances unto him the said G. M. his heirs and assigns for ever in severalty and divided from the part and portion of the said H. M. his heirs and assigns And the said H. M. shall have for his part and portion of the said Messuages c. to them the said G. H. bequeathed or descended as aforesaid these several Messuages c. following that is to say c. mentioning the particulars To have c. the said Messuages c. unto him the said H. M. his heirs and assigns in severalty and divided from the part and portion of the said G. M. as aforesaid And the said parties to these presents and either of them do for them and either of them their heirs Mutual Covenants of quiet peaceable enjoyment without disturbance c. executors and assigns Covenant and grant to and with either of thē their heirs executors and assigns that they and either of them their heirs and assigns shall and may quietly and peaceably have hold enjoy his their part and portion of the said premises by these presents unto either of them limited and appointed for his or their part and portion as aforesaid in severalty according unto the partition and divisiō aforesaid without any disturbance or impeachment of the other of them their heirs or assigns In witness c. A brief Deed of grant and assignment of certain goods chattels and debts with a Letter of Attorney therein contained TO all Persons to whom this present Deed poll shall come R W of c. sendeth greeting Whereas I. W. of C. aforesaid standeth bound together with me the said R. W. for divers Debts and sums of mony by me the said R. due and owing Know ye that I the said R. for the saving harmlesse of him the said I. W. from the said bonds and debts so far forth as these debts and chattels hereafter specified will extend amount unto have given granted bargained and sold and do by these presents for me mine executors and administrators give grant bargain and sell unto the said I. W. his executors administrators and assigns all such goods and chattels both real and personal as are mentioned expressed and conteined in a certain schedule hereunto annexed at such rates and prices as they are therein rated and prized at To have and to hold to him the said I. W. his executors and assigns for ever And further know ye that I the said R. W. for the consideration aforesaid do make constitute ordain and in my place and room put the said I. W. to be my irrevocable true and lawfull Attorney giving and granting unto the said I. W. full power and lawfull authority irrevocable for me and in my name and to the use of him the said I. W. his execut and assigns to ask take have receive and levy all and singular debts duties and demands due or owing unto me the said R.W. mentioned and conteined in the said Schedule hereunto annexed And that he the said I. W. his executors administrators and assigns or any of them shall or may from time to time and at all times hereafter in the name of me the faid R. W. my executors or administrators commence any action or actions sute or sutes plaint or plaints against any person or persons for any the said debts duties and other the premises and also Attorney Attorneys for me and in my name to make constitute revoke alter remove and change and the same sutes actions and plaints or any of them shall or may in the name of me the said R.W. my executors administrators or assigns at the costs and charges in the Law of him the said I.W. his executors administrators or assigns prosecute and follow until judgement and execution shall be thereupon had and made and all and singular such sum and sums of money as shall be so in the name of me the said R. received recovered had or levied he the said I. his execut admin and
should from time to time create declare limit expresse or appoint and to no other use purpose or intent The said recited Indenture or any thing c. notwithstanding And afterwards in performance of the Covenants grants and agreements in the said recited Indenture mentioned several Fines and Recoveries were had levied knowledged and executed of in and upon and for and concerning the said Barony Monours Lands Tenements and premises in the Court of Common pleas at Westminster as also before the then Justices in the County of Chester and also before the Justices in the said County of F. all and every which Fine and Fines Common Recovery and Recoveries were had levied knowledged and suffered to the uses intents and purposes and with and under the several provisoes conditions and limitations in the said recited Indenture mentioned After which the said R.B. of W. died without issue male of his body lawfully begotten In consideration of the Proviso in the recited Indenture Now know all men by these presents that I the said Sir R.B. for divers causes and considerations me moving and by vertue of the said recited Proviso and the liberty power and authority by the said recited Indenture to me reserved and according to the true intent and meaning of me the said Sir R.B. and of all other the Parties to the said recited Indenture Have altered changed revoaked determined and made void and by this my present writing Indented The Revocation of the Uses being by me signed and fealed in the presence of the Persons undernamed do alter change revoake frustrate cease determine and make void all and every the said use and uses Estate and Estates created raised expressed declared limited and appointed by the said recited Indenture Fine or Fines Recovery and Recoveries and every or any of them to the faid W.B.R.B. and T.B. Brothers of me the said Sir R.B.W.B. of c. R.B.T.G. alias B.I.R. of c. W.B. Brothers of the said J.B. of c and to all and every the severall Sonnes and Heires males begotten on the several bodies of them the said W.B. and T.B. my Brother W.B. of c. R.B.T.G. alias B.I.B. of c. and W.B. his Brother and every of them of and in the said Barony of M. Manours Lands Tenements and Hereditaments in the said recited Indenture mentioned or any part or parcel thereof And further know all men by these presents That I the said Sir R.B. for the fatherly love and affection that I the said Sir R.B. do heare to Dame M. E. my only Daughter and Heire apparent now Wife to Sir R.E. Knight and to the Heires of her body lawfully begotten doe by these presents by vertue of the said recited Proviso in the said recited Indenture contained and the liberty power and authority therein and thereby to me reserved as a foresaid create declare limit and appoint that the said Fine and Fines Recovery and Recoveâ—ies so had levied knowledged and suffered of the said Barony and premises before in these presents mentioned as aforesaid and all and every the Parties thereunto and all and every Person and Persons and their Heires which now be or hereafter shall stand and be seized of and in the said Barony and premises or of or in any part or parcel thereof shall by vertue thereof from and after that every of the said several Uses and Estates limited and appointed as aforesaid of and in the said Baromy and premises to me the said Sir R.B. and to the said several Sonnes of the body of me the said Sir R B. shall be ended That the said Barony shall be to the use of R.B. and his Heires c. expired and determined stand and be seized of and in the said Barony and premises and of and in every part and parcel thereof to the use and behoofe of the said R.B. my Brother and his Assignes for and during the terme of the natural life of the said R.B. my Brother without impeachment of any manner of waste And immediately from and after the death of the said R.B. last named then to the use of the first Sonne of the body of the said R.B. last named lawfully begotten and of the Heires males of the body of such first Sonne of the said R.B. last named lawfully begotten And for default of such inssue to the use of him that shall be the second Son of the body of the said R.B. last named lawfully begotten and of the Heires males of the body of such second Sonne of the said R.B. last named lawfully begotten And for default of such issue c. ut supra And for default of such issue to the use of every other Sonne or issue male of the body of the said R.B. last named lawfully begotten which the said R.B. last nemed shall happen to have above the number of six Sonnes and of the Heires males of the body of every such other Sonne of the said R.B. last named successively one after the other as they shall be in seniority one before the other so long as there shall be any Sonne or issue male of the body of any Sonne of the said R.B. last named lawfully bebotten extant And for default of such issue to the use of the said T.B. Brother to me the said Sir R.B. and his Assignes for and during the terme of the natural life of the said T.B. without impeachment of any manner of waste and immediately from and after the death of the said T.B. then to the use of him that shall be the first Sonne of the body of the said T.B. lawfully begotten and of the Heires males c. ut supra And for default of such issue to the use of the said Dame M E. Daughter and Heire apparent of me the said Sir R.B. and Wise to the said Sir R E. Knight for and during all the natural life of the said Dame M. and from and after her decease to the use of R.E. Esquire Sonne and Heire apparent of the said Sir R. E. and Dame M. his Wife and of the Heires males of the body of the sad R. E. lawfully to be begotten And for default of such issue to the use of S. E. second Sonne of the body of the said Dame M. E. lawfully begotten and of the Heires males of the body of the said S. E. lawfully begotten and fon default of such issue c. ut supra And for default of such issue to the use of the right Heires of the said Dame M. E. for ever That if R.B. c. doe any act to hinder the Estates then their Estate shall be void Provided always that if the said R.B. Brother of mee the said Sir R.B. or any of the said severall Sonnes of this body begotten or any Heire male of the severall bodies of the same Sonnes lawfully begotten or to be begotten or if the said T. B. my Brother or any of the said severall Sonnes of the body of the said T. B. or
mending or new making of any houses or buildings upon the premises Covenant that the Lessor c. shall enjoy the liberties and other things excepted without interruption or any part thereof And the said G. G. for him his Heirs c. doth by these presents covenant and grant to with the said R. C. his Heirs c. in manner form following that is to say the he the said R. C. his Heirs or Assigns shall or may from time to time and at all times during the said term have use and enjoy all and singular such liberties and other things as are to them or either of them before in or by these presents mentioned to be * Note that there was an exception in the beginning which I left out excepted or reserved without any expulsion or disturbance of the said G.G. his Executors c. or any of them and that he the said G.G. his Executors c. shall or will from time to time at all times hereafter during the said term not only well and sufficiently repair maintain sustain and keep And that the Lessee shall not only well sufficiently repair c. the hedges ditches c. and so shall the at the end of the term leave up But also shall ridd scowr such a ditch or River and so shall leave it up at the end of the term all and singular the houses barns and buildings now builded or set or which at any time during the said term shall be builded or set upon the said demised premises or any part thereof And the hedges ditches fences and inclosures in upon and about the demised premises or any part thereof in and by all manner of necessary reparations and amendments and the said houses barns and buildings in and by all things well and sufficiently repaired and amended and the said hedges ditches fences inclosures well and sufficiently made and maintained in the end of the said term yield and leave up but also shall and will from time to time and all times during the said term when and as often as need shall require well and sufficiently ridd scowr and clense c. the said lands called the T. unto the said Mill called the C. Mill and such part of the said River or Stream as aforesaid well and suffiently ridded scowed and clensed shall during all the said term keep and maintain so sufficiently ridded scowred in the end of the said term shall yield leave up And further that the Lessee And further That he the said G. G. his Executors Administrators or Assigns nor any of them shall not any time hereafter during the said term shal not assign the premises to any person other thaÌ„ such person as shall be able to pay the Rent and maintain the premises according to the Covenant c. without license of the Lessor without licence of the said R. G. his Heirs or Assigns first had and obtained in writing demise grant let set or assign the said Messuage c. or any part thereof or all or any part of the said Lands and other the premises by these presents demised to any person or persons other than such person or persons as shall be sufficient and well able to pay and yield during the said term the said yearly Rent reserved and maintain and keep the houses c. according to the Covenant before in these presents expressed In Witnesse c. ¶ An assignment of the moity of the Lands which the Lessee hath with divers special Covenants THis INDENTVRE made c. Between R. S. c. of th' one part and I. T. c. of th' other part Winesseth That whereas the Right Honourable H. N. Knight Lord Abur did by Indent tripartite bearing date c. demise and to farm let the Manor and Farm of B. with th' appurtenances in the County aforesaid unto R. S. of c. and E. C. of c. and to their Assigns for and during the lives of G. G. I. S. I. C. and the longest liver of them reserving the old and accustomed Rent by vertue of which said Demise Lease the said Lessees R. S. and E. C. did stand and lawfully were seized of and in the premises to them and their Assigns for and during the lives of the said c. and the longest liver of them And where sithence the said R. S. and E. C. being so seized for good considerations them thereunto moving Did by Indenture tripartite Dated c. demise grant to farm let unto the said R. S. all that the c. demise grant to farm let unto the said R. S. all that the aforesaid Farm and Manor of B. with th' appurtenances and all those Messuages c. with th' appurtenances situate and being in B. aforesaid or elsewhere in the County aforesaid which they the said R. S. E. C. or either of them then had or might claim by vertue of the demise aforesaid The Pigeon house c. being parcel of the said Manor always reserved unto the said R. S. and E. C their Executors and Assigns during the said term Exception of a Pigeó house and ingress egress regress to the same as also into and from the Manor-house for tendring paying the Rent â—eserved by the first Lessor with liberty also to the said R. S. E. C. to their assigns to have free ingresse egresse and regresse from time to time and at all times as well into and from the said Pigeon house as also into and from the Manor-house of B. aforesaid for the tendring and paying there every half year yearly at the Feasts c. the Rent reserved by the aforesaid Lord upon the said Lease by him made unto the said R. S. and E. C. alwayes excepted and foreprized the said Mansion and other the premises with th' appurtenances â—except before excepted to be had and holden unto the said R. S. his Executors Administrators and Assigns from the Feast of c. last past before the Date of the said last recited Indenture for and during the term of c. from thence next ensuing to be fully compleat and ended Yielding c. therefore yearly during the said term unto the said R. S. E. C. and their Assigns the sum of c. that is to say at the Feasts of c. with clause of Reâ—entry for non-payment of the said Rent in the said last recited Indenture mentioned to be reserved And whereas the said R. S. hath in and by the said recited Indenture made divers and sundry Covenans Grants and Agreements to and with the said R. S. and E. C. their Executors and Assigns as by the said last recited Indenture more at large it doth may appear Now these presents witnesseth That the said R. S. for divers good causes and considerations him thereuto especially moving hath demised granted assigned set over unto the said Iâ—â— all his
either of them covenant and grant Convenant that the Lessees shall imploy the wood for the making of Coals or otherwise without interruption to and with the said H. G. and M. M. their Executors Adiministrators and Assigns and either of them and to them the said H. and M. their Executors c. do by these presents grant that it shall and may be lawfull to and for the said H. and M. or either of them or the Executors c. or either of them from time to time and at all times after such assignment or appointment of the said woods as aforesaid to them the said H. and M. and either of them or the Executors c. of them or either of them to be made felled cut down cleaved out and corded to have take and imploy the said woods so assigned appointed or set out for or to the making of Coals or otherwise at their will and pleasure without any lawfull let or interruption of any person or persons whatsoever And the said F. E. and either of them doth by these presents for them and either of them covenant and grant to and with the said H. and M. their Executors c. that if upon such request as aforesaid made for the assignment and appointment of the said woods for the making of the said 500 cords of wood aforesaid Covenant that if no assignment be made that the Lessees shall take without assignment the said F. and E. or any of them or the Heirs c. of them or any of them do not assign appoint and set forth the said woods for the making of the said 500 cords of wood of the scantlyn aforesaid unto the said H. and M. or any of them or the Executors c. of them or any of them that then and as often as any such default of Assignment appoinment or setting out shall be by the said F. and E. their Heirs or Assigns made it shall and may be lawfull to and for the said H. and M. and either of them and the Executors c. of them and either of them to have and to take in any of the groud of the said F. and E. or either of them the Heirs c. of them or either of them Convenant that the Lessees shall cause the wood to be felled corded and that they shall not be carried away or converted to coals untill a week after request made to the Lessors c. number the cords c. lying and being within two miles of the s aid Furnace or Forge so much as will suffice to make up full 500 Cords of Wood of the scantlin aforesaid for that year and time wherein default of assignment or setting forth shall be made as aforesaid if so much wood be then to be had upon the woods ground or land of the said E. and F. or either of them or the Heirs or Assigns of them or either of them within two miles of the said Forge Furnace or Ironwork for the certain doing thereof and for the avoydance of question or controversie in and about the delivery or taking of the said cords or wood it is covenanted and agreed between the said parties and the said H. and M. do covenant and grant for them their Executors c. to and with the said F. and M. their Heirs and Assigns that they the said H. and M. their c. shall yearly during the said term cause the wood by vertue of these presents to be felled and to be set up into Cords that neither they nor either of them nor their Executors c. shall or will after the making of the said wood to them assigned and set forth or delivered as aforesaid into Cords carry away any of the said cords of wood or put or convert any of them into Coals untill within one week after they or some of them have made request unto them the said F. and E. or one of them or the Heirs c. of them or one of them at the dwelling house of the said F. in H. aforesaid to tell and number the said cords of wood so made of the wood to them assigned appointed set forth or delivered as aforesaid An further the said F. and E. do and either of them doth by these presents Covenant that there is sufficient Irō Mine Iron wear upon the lands of the Lessors within two miles of the Furnace Or else that they will find or procure sufficient in the lands of others within two mises c. for them and either of them and for the Heirs c. Covenant and grant to and with the said H. and M. and either of them and to and with the Executors c. of them and either of them that there is and shall be during the said term of c. good Iron Mine and Iron wear sufficient and enough to be employed spent or blown out of the said Iron Furnace to be had digged and drawn within the ground land and soyl of the said F. and E. their Heirs c lying and being within two miles of the Furnace aforesaid Or else for want of sufficient Iron Mine or Iron wear to be spent imployed or blown out at the Furnace aforesaid so as aforesaid to be had and found in the lands or soyl of the said F. and E. or one of them or the Heirs c. of them or one of them that the said F. and E. at the proper costs charges of them or one of them shall and will from time to time during the continuance of the said term procure find get and assign unto the said H. and M. their Executors c. or to some of them land ground soyl and places lying and being within two miles of the said Furnace where there shall be so much good Mine of the said F. and E. their Heirs c. as shall suffice to be spent in the said Furnace and to supply the want of Iron Mine and Iron wear which shall be wanting or lacking in the ground land or soyl of the said F. and E. their Heirs and Assigns within two miles of the Furnace aforesaid Convenant that the Lessees c. may dig c. such so much Iron Mine c. within 2 miles of the furnace to have places there to lay the Mine wayes for carrying thereof without any molestation of any person And the said F. and E. do and either of them doth by these presents for them and either of them and for the Heirs c. of them and either of them Covenant to and with the said H. and M. and either of them their Executors c. and either of them do grant by these presents that it shall and may be lawfull to and for the said H. and M. their Executors c. and either of them and the Assigns Servants Workmen and Labourers of them and either of them from time to time and at all times hereafter during the said
give up their accompts well and sufficiently save harmlesse the Assignors from all charges c. wherewith and whereby they shall be chargeable for or by reason of the last will of the said I. G. unto any person or persons whatsoever or by reason of any accompt by the Assignors as executors to be made or given up And that the Assignee shall save harmlesse the Assignors from all legacies debts c. whereby the Assignors may be at any time arrested c. A clause that the Assignee shall not only make in writing a true accompt of his rereceipts and disbursements Covenant that the Assignee shall give up a true accompt in writing shall satisfie the arrerages unto the Daughters and Children at their several ages but also shall pay unto the Daughters Children the arrerages which shall be upon his accompt found to be behind remaining in his hands at such days and in such manner and form to all intents constructions purposes as the Assignors by the last Will and Testament of the said I. are limited and appointed Covenant that the assignors shall enjoy all such messuages c during â—he time that the daughters shal remain in ward without disturbance c. to do and perform the same A clause that the Assignors shall enjoy all such Messu c. during the time that the Daughters shall remain Wards without any disturbance of the c. or his Successors or of any other person or persons whatsoever claiming by from or under the c. by committment grant or otherwise howsoever c. by their procurements And also that he the said T.R. his heirs c. shall and will from time to time and at all times hereafter well and sufficiently save and keep harmlesse and indempnified the said E. G. S. H. and either of them their heirs executors and assigns and every of them and their goods chattels Covenant to save harmless the Assignors their goods estates froÌ„ all actions incumbrances by reason of any accompt to be made for the rents and profits of the messuages c. devis'd to one the heirs males of his body lands and tenements of and from all manner of sutes actions incumbrances demands whatsoever wherewith or whereby they the said E. and S. or either of them their heirs executors or administrators or either of theÌ„ shall or may at any time or times herafter jointly or severally be charged damnified or incumbred for concerning or by reason of any accompt or accompts to be made unto the Children of the said I. or any of them or of any other person or persons whatsoever of any the rents issues revenues or profits at any time heretofore had levied or received or at any time hereafter for and during the wardship of the Daughters of the said I.G. or any of them to be had received levied or taken of the said Messuages c. by the last Will and Testament of the said I. G. specified to be limited devised and bequeathed unto the said E. G. and the heirs males of his body And that he the said E. his heirs c. shall and may for Covenant that the devisee may take the profits of the land during the wardship of the heirs without accompt rendring to any person whatsoever and during the wardship of the said Daughters and heirs of the said I.G. or any of them have take levy and perceive all and singular the rents issues revenues and profits of all and singular the said premises by the last Will and Testament of the said I. G. devised bequeathed unto the said E.G. and the heirs males of his body unto the only and proper use of him the said E. his heirs c. without any accompt or other answering of the said rents revenues and profits by him the said E. his heirs c. during the time aforesaid so to be had levied and received unto the Children of the said I. or any of them or unto any other person or persons whatsoever by vertue or reason of the said last Will and Testament of the said I G. to be thereof or therefore made and given In witness c. A Deed Pool conteining a Feoffment of certain parcels of land which the Feoffor had in t alia assured unto him upon a Common Recovery with special warranty TO all persons to whom this present Deed Poll shall come B. B. of c. sendeth greeting Whereas P. A. of c. and M. his Wife by their Indenture bearing date c. made between them the said P. M. on the one party and the said B.B. on the on the other party did vovenant grant conclude condescend fully agree to and with the said B. B. that he said B. should and might before the Feast of c. then next ensuing the date of the said Indent purchase and sue forth out of the Court of Chancery one Orig. c. reciting the name with the several parcels as in and by the said Indent more plainly and at large it doth and may appear And whereas in the term of Easter the said B.B. did recover the said premises amongst other things by a writ of entry sur dissâ—isin in l' post against the said P. A. and M. his wife by the name of the moity of one Messuage c. with the appurtenances in B. according to the course of common recoveries to the intent purpose and true meaning of the said recited Indenture as in and by the said record in the Court of Common pleas of Easter term rotul c. more plainly and at large doth and may appear Now know ye that the said B. for and in consideration of c. unto him the said B. by T. I. of c. well and truly in hand paid whereof wherewith he acknowledgeth himself to be fully satified and Paid hath granted enfeoffed delivered and confirmed and by these presents c. doth grant enfeoff deliver and confirm unto the said T.I. his heirs c. the moity or one half of c. with their appurtenances situate c. also all and singular the said premises in the said recovery mentioned by the name of the moity of one Messuag c. with the appur which said moity of the said Messuage and other the said premises the said B.B. hath and holdeth in common together with the said T.I. which said T.I. is lawfully seized in his demean as of Fee of and in the other moity of the said Messuage and other the premises To have and to hold the said moity of the said Messuage c. and all and singular other the premises whatsoever with all and every their appurtenances unto the said T.I. his heirs and assigns to the only and proper use and behoof of the said T.I. his heirs and assigns for ever And the said B. B. and his heirs the said moity of the said messuage c. with the appurtenances against him his
to whom such demise shall be made that whereas the said Sir R.M. is indebted unto several persons in the sum of c. to the intents that the said debts may be paid and discharged it shall and may be lawfull to and for the said R. M. by his Indenture under his hand and seal to demise and let all that the said c. reciting the parcels And that the said Lease and Demise so to be made shall be good in Law and that for the making of the said Lease as aforesaid the said Sir P.W. c. their heirs assigns and every of them and all and every other person and persons then standing or being seised of the said premises so to be demised and every part thereof shall stand and be seized thereof to the use and hehoof of every such person or persons to whom any such Lease or Demise shall be as aforesaid made to his and their executors and assigns according to the purport intent and true meaning of the said Lease and Demise Proviso that the heir may make his wife a Joynture of parcel of the premises that the Feoffees shal stand seized to the use of such wife accordingly Provided furthermore to the intent that the said I. M. may be the better advanced and preferred in Marriage that it may and shall be lawfull to and for the said I. M. to make unto such wife or wifes as he shall fortune to marry or unto any other person or persons to the use of such wife or wifes a Joynture of so much of the said Manor and other the said premises with their appurtenances as shall amount unto the yearly sum of c. and not above for the term of the life of such wife or wifes only and no longer and to convey and assure the same accordingly and that the said Joynture to be made shall be good and available in the Law and that they the said Sir P.W. c. and every of them their heirs and assigns and every other person and persons then being seized of the said premises to be made and conveyed in Joynture shall stand and be thereof seized to the use and behoof of such wife and wifes to whom the same shall be conveyed or assured in Joynture as aforesaid for and during the term of her life according to the intent and meaning of these presents any matter or thing before specified to the contrary hereof notwithstanding Provided always that if the said I. M. shall or do contract himself in marriage Proviso that if the heir marry without the consent of the Feoffees first had in writing that then the uses of the premises unto him limited as also unto the heirs males of his body shall cease be determined c. or do marry with any person or persons whatsoever without the consent and good liking of them the said Sir P.W. c. or without the consent and good liking of the said Survivor or Survivors of them first had and in writing obtained That then and from thenceforth the use of the said premises unto the said I.M. by these presents limitted and to every of the heirs males of his body to be begotten shall absolutely cease and be determined both in respect of him the said I. M. and also of every of the said heirs males of his body to be begotten to all intents and purposes as if he or they had never been named or mentioned in these presents and that then and from thenceforth they the said Sir P.W. c. their heirs and assigns and every of them shall stand be seized of the said premises and of every part and parcel thereof to the use and behoof of such other person persons and with such provisoes and limitations as is before in these presents limited appointed as if the said I. M. were naturally dead without heir of his body any clause or matter before specified to the contrary notwithstanding c. A Release of a Proviso and Condition THis Indenture c. Between I. S. of c. of c. of th' one part and R. W. of c. on the other part Witnesseth that whereas the said I.S. by his Indenture bearing date c. for a certain competent sum of money to him by the said R.W. before th' ensealing thereof in hand paid did give grant bargain sell and confirm unto the said R. W. his heirs and assigns c. recite the particulars in the said Indenture And the said I.S. for the consideration aforesaid did by his said Indenture give grant bargain and sell unto the said R.W. all other his lands tenements and hereditaments whatsoever situate c. in the said Parish of B. To have and to hold the said c. and all other the premises by the said Indenture mentioned to be bargained and sold with all and singular their appurtenances unto the said R.W. his heirs and assigns to the only and proper use and behoof of the said R.W. his heirs and assigns for ever as in and by the said Indenture more plainly and at large it doth and may appear In which said Indenture there was also amongst other covenants one proviso or condition contained to the effect following That if c. recite the condition verbatim as in and by the said Indent more plainly at large amongst other things doth may appear Now this Indent witnesseth that the said I.S. for in consideration of the sum of c. unto him the said I.S. by the said R.W. before the ensealing delivery of these presents well truly in hand paid Release of a Condition doth for him his heirs executors administrators and assigns and every of them clearly and absolutely remise release acquit and discharge unto the said R. W. his heirs executors and administrators as well the said proviso and condition as all other provisoes conditions covenants and agreements in the said recited Indenture contained or therein mentioned or expressed and all and all manner of power liberty authority right title or demand which I the said I.S. his heirs executors administrators and assigns hath or may have challenge or demand by force or vertue of the said proviso or condition or any other proviso or condition in the said Indenture contained And that the said I.S. his heirs executors administrators and assigns shall from henceforth be utterly excluded and disabled to take any benefit of the said proviso or condition and that the same from henceforth shall be absolutely void and determined And also he the said I. S. doth for him his heirs and assigns and every of them remise release and quite claim unto the said R. W. his heirs and assigns all and singular right title use interest challenge and demand of in or unto the said Messuages lands tenements and all other the said premises in the said Icdenture mentioned or expressed with their appurtenances and of in or to any and every part and parcel thereof
Bond or other Specialty in the which the said M. W. solely or joyntly with the other stands bound unto me the said R.G. and all other controversies and debates whatsoever which I the said R. G. my Executors Administrators and Assigns have may might or shall have for any cause or matter whatsoever from the beginning of the word untill the present day of the date of these presents In witnesse whereof I the said R. G. my hand and seal hereunto have put Dated the fourteenth day of Ianuary c. ¶ An Indenture of Covenants to stand seised to uses in consideration of natural affection c. THis INDENTURE made c. Between T. B. of S. in the County of K. Yeoman of th' one part and I. B. of S. aforesaid Yeoman one of the Sons of the said T. B. on the other part Witnesseth That whereas the said T. B. is lawfully seized in his demean as of Fee of and in one principal Mansion or messuage with the appurtenances commonly called known by the name of little A. or by whatsoever other name or names the same is or at any time heretofore hath been called or known by together with all and singular Buildings Barnes Stables Outhouses Lodges Orchards Yards Gardens and all other profits commodities and easements to the said mansion or messuage belonging or appertaining and also of and in 19 peeces or parcels of Land Meadow Pasture and Wood-ground with th' appurtenances containing in the whole by estimation 60 acres of Land Meadow Pasture and Wood-ground with th' appurtenances whether more or lesse situate lying and being in the said Parish of S. in said County of K. upon the Demeans of A. and L. and which now are or late were in the several tenures and occupations of the T. H. and N. W. their or either of their Assignee or Assignees and the said premises do bound and abutt in manner and form following that is to say to the Queens high-street leading between N. and S. towards the North to the lands which were sometimes one I. P. and now of R. L. Gentleman and to certain other Lands of the said T. B. towards the West towards the Lands of T.S. South and to other lands of the said T. B. towards the East South and North as the metes and bounds thereof do divide mete and shew Now the said T.B. for and in consideration of the natural love and affection which he the said T. B. hath and beareth unto his said Son I. B. and for the advancement and maintenance of him the said I. B. and preferment to his Heirs and also for the establishment and setling of the said Messuage Lands and Tenements and other Hereditaments in these presents before specified and contained according to the true intent and meaning of him the said T.B. and for divers other effectual and motive considerations him the said T. B. the Father towards his said Son especially moving and inciting doth for him his Heirs and Assigns and every of them covenant grant conclude and agree to and with the said I.B. his Heirs and Assigns that he the said T.B. his Heirs and Assigns and every other the person or persons which now or at any time hereafter shall be seized of and in the said Mansion or Messuage with the appurtenances and of and in all and singular Lands Tenements Meadows Pastures Wood-grounds and all and every other the premises before mentioned with all and every their appurtenances and of and in every part and parcel therof of in the reversion and reversions remainder and remainders thereof and every part and parcel thereof shall stand and be seized to the uses intents and purposes hereafter limited and appointed and to no other use intent and purpose whatsoever that is to say to the use and behoof of him the said T. B. during the term of his natural life and after the decease of him the said T. B. to the use and behoof of the said I. B. his Heirs and Assigns for ever Covenant that all conveyances made or to be made shall be to the uses in these Indentures expressed and to no other use or intent And it is fully covenanted granted concluded and agreed upon by and between the said parties to these presents and every of them and the said T. B. doth for him his Heirs Executors and Assigns covenant grant and agree to and with the said I. B. that all and singular Fines Recoveries Feoffments Alienations Conveyances and all other Conveyances and Assurances whatsoever of the said premises with the appurtenances and every part and parcel thereof now and at all times hereafter to be made shall be and inure and are by these presents appointed limited declared to be and inure to such use and uses as are by these presents before limited appointed and declared and to no other use or uses intent or intents whatsoever In witness whereof the parties above-named to these present Indentures their hands and Seals interchangably have put the day and year first above-written Anno. Dom. c. ¶ An Obligation conditioned for the release of an Annuity Neverint universi per praesentes nos c. THe Condition of the within written Obligation is such That whereas the within bounden I. H. and W. A. have by their release bearing date with these presents remised and released unto the within named R. S. a certain Annuity or yearly rent of Thirteen shillings and fourpence yearly issuing or going out of two pieces or parcels of land of the said R. S. conteining by estimation 4 acres situate lying and being in R. aforesaid as by the said Deed more at large appeareth If therefore the said R. S. his Heirs and Assigns shall or may from time to time and at all times hereafter have hold and enjoy the said two pieces and parcels of land ou◠of which the said Annuity or yearly rent of Thirteen shillings and four pence is issuing as aforesaid acquitted and discharged of the said Annuity or yearly rent without and lawfull let interruption expulsion or eviction of them the said I. H. and of M. now his Wife and of the said W.A. and of A. now his Wife and without any lawfull let interruption expulsion or eviction of the Heirs or Assigns of them the said M. and A. and of all other person or persons claiming in by from or under them the said I.H. and M. his Wife and by the said W. A. and A. his Wife or in or by from or under any of them and the Heirs or Assigns of them or any of them That then this present Obligation to be void frustrate and of none effect Or else to stand be and remain in his full force power strength and vertue ¶ An Indenture of sale of Woods with a proviso of Redemption THis INDENTURE made c. Between I. W. of B. in the County of K. Yeoman of th' one part and P. F. of B. in the said County of K. of th' other part
Heirs and Assigns And that the said I. L. shall or lawfully may from time to time and at all times hereafter for ever lawfully and quietly have hold occupy and enjoy the said Messuages c. without any lawfull let eviction expulsion or disturbance of the said W. B. his Heirs or Assign or of any other person or persons whatsoever other than of and from such evictions and disturbances as by the Heirs or Assigns of R. B. late of B. in the said County deceased shall hereafter happen to be made by re-entry upon the said premises according unto a Condition in a certain Deed Indented bearing date c. contained by reason only for and in default of payment hereafter by the said I. L. his Heirs or Assigns to be made unto the said Heirs or Assigns of the said R. B. deceased contrary to the form of the said Condition of one Annuity or yearly Rent of payment of c. hereafter in or by the said Indenture reserved granted or payable unto the said R. B. his Heirs or Assigns of some part thereof And that the said Messuage c. and all and singular other the premises before by these presents mentioned to be bargained and sold with th' appurtenances at the time of the ensealing and delivery of these presents be and so from time to time and at all times hereafter shall continne remain and be unto the said I. L. his Heirs and Assigns clearly acquitted and discharged or else sufficiently saved harmlesse and indempnified of and from all and all manner of Morgages Feoffments grants alienations Entails Joyntures Dowers Leases Conditions of Statutes Merchant and of the Staple Recogn Rent-charges Rent-secks Arrerages of Rents Judgements Condemnations Executions and of and from all other interests titles charges and incumbrances whatsoever had made done executed committed or suffered by the said W. B. his Heirs or Assigns or by any other person or persons whatsoever The Rents and Services from henceforth to be due and payable to the Lord or Lords of the Fee or Fees thereof And one yearly Rent or payment of c. a year due or payable unto one I. B. of S. aforesaid and his Heirs And all re-entries by the Heirs and Assigns of the said R. B. hereafter to be made by vertue of the said recited Condition only for and in default of payment after the ensealing and delivery of these presents by the said I. L. his Heirs and Assigns to be made by the Annuity or yearly rent or payment of c. in or by the faid recited Indenture reserved or payable only excepted and forepâ—sed And also that the said W. B. and M. his Wife and the Heirs and Assigns of the said W. and all and every person or persons anything in the said Messuages and premises or in any part thereof having or lawfully claiming to have by from or under the said W. B. his Heirs and Assigns shall and will from time to time and at all times hereafter during the space of c. next ensuing the date of these presents upon reasonable request and at the cost and charges in the Law of the said I. L. his Heirs and Assigns knowledge make do execute and suffer or cause to be made done knowledged and executed unto the said I. L. his Heirs or Assigns or to such other person or persons as he or they shall nominate appoint All and every such further act and acts thing or things devise and devises whatsoever be it by Fine Feoffment Recovery with Voucher or Vouchers Release Confirmations with Warranty against all persons or without Warranty or by any or as many of these wayes and means or by any other lawfull assurance or assurances as by the said I. L. his Heirs or Assigns or by his or their learned Counsel in the Law shall be reasonably devised or advised And finally the said W.B. doth by these presents for him his Heirs c. further covenant and grant to and with the said I. L. his Heirs c. that the said recited Condition in the said recited Indenture contained made or reserved for the payment of the said Annuity or yearly rent or payment of c. is not nor at any time heretofore hath been by him the said W. his Heirs or Assigns broken nor that the Heirs or Assigns of the said W. B. nor any person or persons may or ought for or by reason of any default in payment of the said yearly rent or payment of the said c. nor for any other condition cause or matter whatsoever heretofore made done committed executed or suffered enter or re-enter into the said Messuage or other the premises or any part thereof or lawfully defeat the estate interest or possession of the said W. B. his Heirs or Assigns or of the said I. L. his Heirs or Assigns or any part thereof in and to the said Messuage and premises or of in or to any part or parcel thereof In witnesse whereof c. ¶ A Covenant that the Bargainer is solely seised of a rightfull estate in Fee or Fee-tayl the Reversion or Reversions not to the King ANd the said I. R. doth by these presents for him his Heirs c. covenant and grant to and with the said I. G. his Heirs c. in manner and form following viz. That he the said I. R. at the time of the ensealing and delivery of these presents is solely lawfully and rightfully seised of and in the said Manor Lands Tenements Rents Services and other the premises with the appurtenances in his own right in his demean as of Fee-simple or in Fee tail general or as heir of the tail special of an absolute estate without condition or determination otherwise than for default of issue of his body lawfully begotten with the reversion or reversions thereof in Fee-simple to him and his Heirs or to some other common person and not to the Commonwealth c. immediatly appertaining c. Covenants that the Bargainer shall made satisfaction for so much of the premises as shall be recovered from the Bargainee ANd further the said I. T. doth by these presents for him his Heirs Executors and Assigns covenant and grant to and with the said A. L. That he the said I. T. his Heirs c. shall and will likewise from time to time and at all times for ever from and after the ensealing and delivery of these presents either well and sufficiently save and keep harmlesse as well the said A. L. his Heirs and Assigns as also the said capital Messuage Lands Tenements and Hereditaments before mentioned to be bargained and sold with all and singular their appurtenances of and from all and all manner of Rent-secks Arrerages of Rents Statutes Merchant of the Staple Recog Iudgments Executions Forfeitures Amerciaments Intrusions and of and from all other interests titles charges and incumbrances whatsoever before the ensealing and delivery of these presents had made done committed or executed which at any time or
in their kind according to the Common course of the Ecclesiastical Laws and the said Parishioners claiming to be discharged of such manner of Tithing and to pay only in respect thereof certain several sums of money by antient custome time out of mind used in the said Parish as they pretended which said controversies for that the same have not been decided by course of Law but only agreement made by mediation of T.P. and I. C. Esquires and of certain other friends on both parties It is therefore by these presents provided concluded condescended and agreed by and between all the parties to these presents that this Indenture or any thing therein contained shall not in any wise extend or be taken to extend to be any determination dismission or decession of or concerning the right of the said Tithes and Tenths or the manner of Tithing thereof nor to make any full conclusion Estoppel or determination between the said Vicar and his Successors and the parishioners of the said Parish that now be or hereafter shall be but shall only be taken for a personal agreement between them for quietnesse sake so that the said Vicar and his Successors or any of them after the determination of this present demise shall be at liberty to claim and sue for the Tithes of the said Vicaridge in their kind if he or they shall so think good And that the Parishioners of the said Parish which now or hereafter shall be and every of them shall in like manner after the determination of this present Demise be at their liberty to defend such sute and claim and to claim and maintain such customs as they have or claim for their discharge of paying their Vicaridg Tithes in their kind at their pleasure This Indenture or any thing in these presents contained to the contrary notwithstanding In witnesse whereof c. A Letter of Attorney to make Leases and to receive Rents and accompts for the profits of lands making the Grantee Bayliff and Receiver to the Grantor irrevocable for certain years TO all Persons to whom this present Writing shall come I. R of c. sendeth greeting Know ye that I the said I. R. for divers good causes c. have given granted and by these presents do give and grant unto I T. of c. aforesaid in the said County of K. full and absolute power and authority irrevocable for and during the said term of c. from the day of the date hereof next and immediatly ensuing for me and in my name by writing Indented or by several writings Indented or otherwise by paroll as to him shall seem good to demile grant and to farm let all and singular my Messuages Lands Tenements and Hereditaments whatsoever with all and singular their appurtenances set lying or being in the several Parishes of c. or else where soever within the County of K. or part or parcel of the said premises as to the said I. T. shall seem meet and convenient So that the said Lease or Leases do not exceed the number of c. years from the time of the date of these presents And so that the usual and accustomed Rent be yearly reserved and yearly payable unto me the said I. my Heirs and Assigns during the said term And for all other Covenants Grants agreements and conditions to be contained in the said several demises by writings indented or otherwise as to the said I. T. shall be likewise thought most meet and convenient And also in my name to seal and deliver as my deed the one part of all and every such writings indented to be made in form before rehearsed And the one part of the said writing indented which by the said I. T. in my name shall be in form afore rehearsed made to and for my use with him to retain and keep And I the said I. R. my Heirs and Assigns shall at all times hereafter ratifie confirm and allow all and every Act and Acts thing and things which the said I. T. in my name shall do in the premises And further know ye that I the said I. K. have made constituted and appointed and doe by these presents make constitute and appoint for and during the full time and term of c. years from the day of the date hereof next ensuing fully to be compleat and ended the said I. T. my Bayliff and Receiver to my use and behoof of all and singular the Rents issues and profits of all and every my Messuages Lands and Tenements with their appurtenances set lying and being in the said Parishes of c. or else where in the County of R. And furthermore do by these presents in my stead and place put and constitute the said I T. my true and lawfull Attorney irrevocable for and during the said time and term of c. as aforesaid for me and in my name and to my use behoof to ask levy recover and receive all and singular the rents of all my lands and hereditaments with the appurtenances heretofore due and owing unto me and all accompts for the same to take and also to levy and receive to my use as aforesaid all and singular such debts duties sum and sums of money as are or shall be due or owing unto me the said I. R. by any person or persons whatsoever for or in any sort concerning any my Messuages Lands and tenements aforesaid giving and granting by these presents unto my said Attorney full power and authority for me and in my name and to my only use to sue arrest Grant that the Bayliff or receivor shall retain and keep to his own use of the profits of the lands and sums received all his charges and expences sustained about the premises Covenant that the grantor will not revoke not make void this grant nor any authority therein given nor do any thing to hinder the grantee in executing the premises implead and condemn every of my debtors and accomptants aforesaid and at his liberty such person and persons out of prison to deliver or cause to be delivered and upon any receipt of any sum or sums of money to my use to be received of any person or persons as aforesaid acquittance or other lawfull discharges for the same for me and in my stead and name to make seal and deliver as my deed or deeds and I the said I. R. do by these presents for me my Heirs c. grant and agree that he the said I. T. shall keep and detain to his own use of the rents and profits of my lands and tenements and of such sum and sums of money as he shall receive to or for my use by virtue of this my deed all and singular such costs charges and expences whatsover which he shall lay out disburse sustain and be put unto in or about the premises or in or about the executing of this my power and authority by these presents unto him given and I the said I. doe further by
above-rehearsed and all and every sum and sums of money in the said Obligation and Condition therein contained and all his estate right title interest property remedy profit advantage claim and demand of in and to the same and every part thereof to the onely use and behoof of the said T.M. his Executors Administrators and Assigns for ever And for the better recovery and enjoying of the premises the said R.VV. hath assigned made ordained deputed and in his place and stead and by these presents doth assign ordain constitute and make the said T. M. his Executors and Assignes his true and lawful Atturney and Atturneys irrevokable for and in the name or names of the said R.VV. his Executors or Administrators but neverthelesse to and for the onely use and behoof of the said T. M. his Executors and Assigns to sue for ask leavy recover demand and receive of the said L. B. his Heires Executors or Administrators all and every such summe and summes of money whatsoever as are due and payable unto the said R.VV. or which shall or may be lawfully had or received by the said R. VV. his Executors or Administrators upon or by force vertue or means of the Obligation aforesaid or by reason force or means of any lawful action suit processe judgment execution or proceeding thereupon hereafter to be commenced attempted prosecuted obtained or had in any manner of wise Giving and by these presents granting unto the said T.M. his full power and lawful authority touching the premises for and in the name or names of him the said R. VV. his Excecutors or Administrators by all lawful waies and means whatsoever to the use aforesaid to do say sue implead prosecute pursue seize sequester arrest attach imprison and to condemn and out of Prison to deliver and to reckon receive compound agree release acquit and discharge one Atturney or moe under him or them to substitute and make and at his or their pleasure the same to revoke And further to do follow execute end and determine all and every other act and acts thing and things whatsoever that shall be meet needful and requisite to be had made or done in or about the recovery receipt or execution of the premises as amply in every respect as the said R.VV. his Executors or Administrators or any of them might or could do if the said R.VV. his Executors or Administrators were thereat from time to time present and did the same personally And whatsoever the said T. M. his Executors Substitutes or Assignes or any of them shall lawfully do or cause or procure to be done in or about the premises to the use aforesaid he the said R. VV. his Executors and Administrators do and will ratifie confirm and allow the same irrevokable by these presents And the said R. W. for him his Executors and Administrators doth c. in form following That the said R. W. shall not revoke the said Letter of Atturney nor any power thereby given viz. That neither he the said R. W. his Executors or Administrators nor any of them shall or will at any time hereafter revoke recall frustrate or make void this present writing or Letter of Atturney or any power authority or Atturneyship herein or hereby given or granted in any manner of wise And that neither he the said R.VV. his Executors or Administrators or any of them shall or will at any time hereafter do commit or willingly suffer to be done any act deed or thing either by non suit retraxit release or otherwise whereby or by means whereof the said T. M. his Executors or Assigns shall be hindred letted debarâ—ed or delayed in or from the recovery receiving getting in or obtaining of the said premises or any part thereof contrary to the true meaning of these presents But that he the said R. W. That the said R. W. shall justifie any act lawfully done by the said T. in the recovering of the said debt his Executors and Administrators shall and will justifie and maintain with effect all and every lawful action suit processe and proceeding which shall be lawfully attempted prosecuted or proceeded in by the said T. his Executors or Assignes for the recovery or obtaining of the said premises or any part thereof And that he the said T. M. his Executors and Assigns shall and may lawfully sue for recover obtain and enjoy the said premises according to the intent and true meaning of these presents without any let denial or interruption of or by him the said R.VV. his Executors or Administrators or any of them or any other Person or Persons by or through their or any of their consent means or procurement and without any accompt or reckoning therefore or for any part thereof to the said R.W. his Executors or Administrators or any of them to be made yielded or given And further And that the said R.W. at the request of the said T.M. and at the cost of the said T. M. shall make and perform any other act and thing that shall be needfull for the recovery of the said debt That he the said R.VV. his Executors and Administrators shall and will at any time hereafter upon the reasonable request and at the costs and charges in the Law of the said T. M. his Executors and Assign do make execute and perform all and every such further act or acts deed or deeds thing or things be it by making any further Letter or Letters of Atturney or otherwise for the better enabling of the said T. M. his Executors and Assignes in and for the recovery obtaining and enjoying of the premises to his or their own use and uses as aforesaid according to the tenour and true meaning of these presents as by the said T. M. his Executors or Assigns or his or their Councel learned in the Law shall be lawfully and reasonably advised devised and required And the said T.M. for him his c. That be the said T.M. his Executors or Administrators shall will acquit discharge or otherwise save or keep harmlesse or suffiently recompence the said R.VV. his Executors or Administrators and every of them of and from all losses and damages whatsoever which shall at any time or times hereafter happen to be had recovered or obtained against the said R. W. his Executors or Administrators for by reason or in respect of any suit or suits hereafter to be prosecuted or pursued in the name or names of the said R. his Executors or Administrators or any of them upon the Obligation before recited in any manner of wise ¶ In witnesse c. ¶ An Indenture of Asignment of part of a House and Land and other Covenants there inserted Penn's by R. Mason Esquire THis INDENTVRE made c. Between c. witnesseth That whereas the said I. L. by the name of I. L. of c. Yeoman by Indenture of Lease bearing date c. Hath demised Demise granted betaken and to farm-letten unto H. S. of