The first part of symboleography, which may bee termed The art, or description of instruments and presidents. Lately perused and amended by William West of the Inner Temple esquire, first author thereof — Symbolaeographia. Part 1

Author: West, William, fl. 1568-1594.1598

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THE FIRST PART OF SYMBOLEOGRAPHY, Which may bee termed the Art, or description, of Instruments and Presidents.

Lately perused and amended by WILLIAM WEST of the Inner Temple Esquire, first Author thereof.

Alij multa perficiunt: Nos nonnulla conamur: Illi possunt: Nos volumus.

Ingenij cibus Studium, studijque diligentia.

AT LONDON, Printed by Thomas Wight and Bonham Norton, Anno 1598.

CVM PRIVILEGIO Regiae Maiestatis.

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Viro Iurisprudentia, pietate, & aucthor [...]ate praestantissimo, Edmundo Anderson Militi, Regiae Maiestati Iudici primario ciuilium actionum, patrono suo omni obseruantia colendo, W. West iudicijs diu ac foeliciter praesidere ex animo optat.

SF squiannus iam est (Vir ornatissime) ex quo primum hoc opus Symbolaeographicum opera cura (que) mea sub faustiss [...]mis nominis tui auspicijs in lucem foeliciter prodijt. Cogitari certé quidem vix potest quāto hominū studio at (que) applausu (te patrono) fuerit acceptū, adeò vt nihil vnquā eiusdem generis ipsis gratum magis aut probatum haberetur. Veruntamen quemadmodum alijs etiā in rebus vsu venire assolet, nihil primo vt nascatur perfectum: Itidem & in hoc negotio non potuit non contingere, quin nonnulla nec plené, nec accuraté satis polita atque descripta essent: Quinimo plurima, partim quidem desiderata, partim verò redundantia, partim etiam indigesta essent. Quibus quidem incommodis ipse aliquando mederi constitueram, quod ne integre praestare pocuerim, multa me etiam hactenus impediunt. Nam (si quod verum est libere fateri liceat) quamprimum Typographus exempla omnia priora (spe citius) distraxisset, ne speratum inde lucrum diutius expectaret, me tandem ex improuiso nil tale adhuc somniantem, immo alio destinatum, de noua etiā editione statim ineunda summonu [...]t: vehe [...]enter rogitans, vt teneram at (que) informemistam prolem, laeto vultu agnoscere, fouere, ac ad vrsae instar relambere non dedignarer. Illius autem petitioni honestae certe, (mihi tamen tunc temporis plurimis magni momenti negotijs implicato non satis aequae) non potui non assentire. Ex quo enim, hanc commētandi prouinciam semel suscepissem, nihil prorsus mihi potius tentandum videbatur, quam vt, in quo congerendo aliquantulum â me iam elaboratum est, in eodem etiam digerēdo atque honestando diutius adhuc immorarer, ipsum (que) denuo typis excusum auctiorem, adeoque emendatiorem exhibere curarem. Quae igitur tantillo tempore ad hanc rem conferre potuit mea tenuitas, ea omnia libentissime contuli. Cumque in illa priore editione Hebraea aliquot, Graeca autem non pauca, interseruissem, illa nunc omnia ne imperitiorū studia ac progressus, obscuritatis specie, linguarū ignorantia remoretur, penitus sustuli: ipsorum potius vtilitati, quam meae aestimationi inseruiens. Nam, vtcun (que) se res habet, ex vsu mihi omnia aestimanda at (que) approbanda videntur. Quod vero iam postremū at (que) omnium adeo maximum est (vir illustrissime) vt hos meos labores qualescun (que), non minore, quam illosid genus priores, benignitate excipere, & patrocinio iam secundo tutari velis, te etiam at (que) etiam rogo. Te deni (que) (Iurisconsultissime) eternus Iudex, non Anglicano tantum Regno, Regiae (que) Maiestati serenissimae sed vniuersis quoque verae Iurisprudētie vere studiosis quam diutissime seruet incolumen. Vale, Rotheramiae, Maij octauo.

Tui honoris studiosissimus W. West.

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The Table of the first part of Symbolaeography.

A. Acquitances.

OF an Annuitie 484.
In discharge of an Annuitie 500
By an Atturney 502
By a Bailife 486
Of the farme of a Benefice 487
For creation money of an Earle 492
By a Deputie 503
Of part of a Debt 491
Of recompence of Dawer 490
Of Exhibition money 485
Generall with a Prouiso 496
To saue harmelesse 501
For lands morgaged 483
Of a Legacie 499
Of money to repay an other 489
Due by Recognisance 498
By an Obligee 495
Of a Rent 486. Of rent charge 488.
Speciall 497
Of Tenths 494
By a Vicar 493

Administrations.

By the Archb. of Canterb. 652
By tharchdishop of Yorke 653
Letters of Arturney to take administration 545
Letters of administration 650

Aduow [...]ons.

Of a Deanrie of a Colledge 333
In fee 338
Graunt thereof 597
Of a Parsonage 332
Of a Prebend in a colledge 335
Of a V [...]caridge 334, 336

Annuities.

Acquitance thereof 484. 500
Bargaine [...]nd sale thereof 397
By a Bishop 132
Pro corsilio & auxilio 307. 312
To daughters 82
To begin after death 310. 11
In allowance of Dower 458
Vpon condition to claime no Dower 309
Earle Marshall 351
Grants thereof 298. 301
With a paine 303
Out of the Hamper 378
Out of landes 320
For terme of life 312
For promotion of mariage 319
Saued harmelesse of incumbrances 150
As long as he shalbe parson 308
For Releasing 322
For Diuine seruice 318
Pro Seruitio 309
To yonger sonnes 82
Made by fcoffor in vse 282
Warrant for payment thereof 571

Apparance.

Before the Q. Councell 204
In the R. Bench 207
In the Common Place 203
Vpon a Latitat 209
Of Pirats 212
For the Peace 288

Appropriation.

Of a Parsonage 339

Assignement.

The Lessee shall not assigne 315
Of glebe and Tenths 432
During minoritie 454
Of Statutes 456
Of a Ward 455
For yeares 483

Atturnement.

Defined 382
Indorced 382
With liuerie of seisin 383
Of tenant for life 383
By diuers tenants 383
A deed of Attornement 384. 385

B. Bargaine and Sale.

Of Annuitie 397
Of Copyhold lands 401
Defined 393
Inrolled 393
Of landes 395
Of a Manor 396
Of a Mesuage 394
Of a Parsonage 400
Of a Reuersion 398. 399
Of Timber 404
In trust to Vses 284
Of a wardship 402
Of wheat 403
Of wood 405. 406
See Alienations & Leases.

Billes

To a Bishop 102
With dates of payment and a penaltie 102
Defined 100
Indented 101
To Marchants 102
For money lent 101
By one to one 101. 102
Without a penaltie 101
To the Queene 102
Renouncing sanctuarie & protection 102
To a Sbirife 102
For thinges lent 101
By three to three 101. 102
By two to two 101. 102
Of Sale 428

C. Certificate.

Of royal assent 574
Of a Statute 606
For payment of Substdie money 631

Conditions of Obligations and Recognisances.

Defined 110
To pay money at a certaine day 111
At two dayes 112
To pay money and deliuer wool 113
For the farme of Rine and redeliuerie of them, or money 114
To redeliuer Sheepe or money 115
To pay money or knowledge a statute staple 116
To pay money by a day, or to yeeld to an arrest 117
To pay money for a chayne of gold vpon discent of lands to his wife 118
To pay after euiction 119
To pay money after return from &c. 120. 121. at his returne mariage or death 122. 123
To pay childrens parts 124
To pay a rent 125
To pay an Annuitie, and not to sue a Replegiare &c. 126
To repay money receiued with a prentice 127
To deliuer fagots 128
Ti pill and sell wood, make and deliuer fagots 129
To deliuer Codfish 130
A last of Salmon 131
Dyles 132
Lead 133
Salt, or to pay money 134
Plate lent 135
Corne 136. 137
Coales 138
To carrle coales 139
To seale an Obligation with a suertie 140
T cause one to seale an Obligation 141
To Release &c. 142
To make a Iointure 143. 145
[Page]To make anestate 144
For further assurance 146
For making of a lease 147
To performe an exchange 148
To remfeosse 149
To grant annuitie 150
To surrender customary landes 151
To make a boat 152
To make an estate of landes by fine 153
To make reparations and fences 154
To warrant wood, or any like thing 155
To warrant the sale of a shoppe 156
To enioy lāds quietly, 157. 159
Peaceably to enioy Corne or grasse 158
To suffer one to enioy lands recouered 160
To saue harmelesse 161
That lands be discharged 162
To defend the title of lands recouered, and to pay the costes thereof 163
To pay money for mariage 164
To bequeath goods to a wife 165
To get the assent of the Court of wards to let lands 166
For the occupation of two boats and certaine nettes 167
To put chase and sell 168
Not to pursue an appeale, 169
Not to prosecute any action in spirituall court 170
To performe couenants 171
To perform an award, 172
To performe an award of lands & to sheweuidences 173
That a Prentice shall not waste his masters goods 174
For a seruant or apprentice 175
Not to disanull a letter of Atturney to receyue debts 176. for lands 177
To performe a will 178. and saue harmelesse the executors therof 179
Not to meddle with executorship 180
Not to doe anie acte as executor without consent of his coexecutor 181
Not to sell landes but to the obligee for a summe certaine 182
That [...]ans wife shall claime no dower but release vpon request 183
That an estate is good, and that the wyfe shall claime no dower 184
Not to be suerty 185
Not to play at dice 186
To pay money or saue harmeles of a recognisance 187
To saue harmelesse of a bonde 188. Of a bonde for the peace 189
To saue harmesse a suretie in the Guildhall 190
To discharge his bailes in the R. bench 191
To saue his bayle harmelesse & render himselfe prisoner if &c. 192
To saue harmelesse, or couenants for the sale of woodes 193. of a recognisance 194. of debts and legacies 195. 196. from suits in law 197
To keepe the peace and appeare to the Q. counsell 198
To keepe the peace, 199. and to be of good abearing 200. 202
For apparance in R. bench and good abearing 201. in commō place 203
To giue euidence against felons 204. at the Sessions 305
To appeare at nexte Sessions 206
To appeare in R. bench for the peace 207
For behauior and not to resort to the obligees house 208
To appeare on a Latitat 210
To returne cattell repleuied 211
That Pyrates shall appeare at next gaole deliuery 212
Of a Recognizance for brewing 213. 214
Of an Alehouse keeper 215
To finde meate [...]rinke and other necessaries during life 219. 220
To leaue his wife worth &c. 221. 222
To suffer his wife to make a wil 223. or to giue certaine goods during her life 224
To passe an accompt & procure discharge for a sherife 225
For executing of a Bayliwike 226. 227
To resigne a vicarige 228
To renew sureties, 229
To alter vses 273. 274

Confirmation.

Of an Annuitie in allowance of dower 458
By the Bishop, Deane & chapter 447
Defined 457
In Fee 457
By the ordinarie & patron 459
Of the Office of the keeper of a parke, bailif & steward 457

Conueiances.

Not without consent of Inhabitants 289
Vpon trust 284
To vses 265. 266. 283

Copies of court rolle.

Bargaine and sale of Copyhold lands 401
What a Copiholder is 603
His confession 627
Feossement thereof 245
Assured by Fine 76
To the husband & wife 629
Instructions for making of thē 605
For two liues 619
By a man and his wife 622
Releas by Copy 628
With Remainder 620
The tenant repayring 626
The Stile thereof 604
Made by the Surucior 623
The Lord to finde timber 625
Where the [...]ire is admitted 606
Of an Admittance in see 607
After a Seisure 610
In fee by the Lord 611
In ancient Demesne 614. 615
In taile with Remainders 616
See Surrender.

Couenants.

The words thereof 58
Betweene two and two 58
Betweene three and three 58
Betweene executors 59
To sue statutes 60
To discharge executors and procure Releas 61
To prosecute suite 62
To surrender Copihold land 63
Touching thassignment of executorship 64
For speedy triall & quiet occupation in meane time 65
To make assurance 66
To assure lands to saue harmles of Recognizances 67
To make assurance in taile after a fine knowledged 68
Not to sell but to the vendee 69, 422
Not to take aduātage of former couenāts if lāds descēd not 70
To shew euidences to maintaine anothers Interest 71
To deliuer writings vpō notice of sute 72
[Page]To leane Iron milles furnished in default of payment 73
To be seised to thuse of lessees performing couenants 74
Of an vndershirife to execut his office, and to saue the high shiriffe harmelesse 75
To make a leas for yeares by fine of Copihold lands 76
That the feffor hath done no act but that he is seised and so will continue 77
Not to sell landes but to T. R. without his licence 79
Between the master of the court of wardes & thereupon liuery to be sued. 80
Of mariage and iointure to be made 81. 82. 85. 86. 87
Of marriage of a king 83
To make ioynture 88
Of marriage & to leauie a fine & suffer a recouery 88
To pay condicionally 89
To lead the vse of a fine & to leuie the same 90
To leauie a fine & to make other conueyances to continue the lands in his strname 91
Limiting thuse of a single fine leuied by the husband & wife 92
That vpon agreement to sell, an estate shal cease 93
To leuie a fine vpon graunt and render 94
To leuy a fine &c. 95. to vses 96. and that the con [...]see shal grant the lands in taile &c. 97
Limiting vses of fines & recoueries with a couenāt to restrain the libertie thereof 98
Limiting vses in taile not to be discontinued 97. 99
To agree vpon an action 65
To do further acts 63
To deuide parts vpō agrement.
To stand bound for accomplishment of &c. 60
To beare chargee in prosecuting 62
To charge lands 60
To keepe a Court. 68
To deuise for liues or yeeres [...]2
To occupy grasse in common 65
To Iune hay 65
Nether party to [...]urt other 65
For discharging of incumbrāces 66
For quiet inioying till money paid 78. 305 288
To pin chase landes to the value 265
To saue harmelesse 501 of legacies 59
To find necessaries 424. 436
For quiet occupation 109. 66
Of partnership 510
To recenter for default of issue male 68
To depart vpon repaiment 316
To stand seized 77, for default of issue 81
Not to trauel &c. 66
To leaue his wife worth 82
That rent cease vpō euictiō 434
That the lessor may enter and falow 446
which may be vsed in seases 450
That cet [...]quse shall dispose the profits for education of the feffors children 268
Not to barre or extinguish Remainders 269
That feffees in vse shal do not act to frustrate vses 270
that the lessee may lop wods 313
That the lessor may enter and make fallowes 314
That the lessee shall not assigne 315
By the lessee to depart 316

D. Debt.

REspited vpō a safe cōduce [...]5

Defeasances.

Vpon bargaine and sale 408
To make a Lease according to an old lease 232
Of an Obligation 230
Of a recognisance 231
Of a rent by obtayning estate in lands [...]07
Of a statute Staple 233. knowledged before the chief Iu [...]e &c. 234
See Statute Staple.

E. Executon.

See Conditions.

Execution.

See Couenants.
Exchange. 513 514
A grant thereof 511
Granges in exchange 512
Of landes 515

F. Fee Farme.

IN mortgage 410
Feoffement thereof 420

Feoffements.

In ancient damesne 246
Of Co [...]ihold lands 245
Of a Decree 239
Defined 235
By executors 241
In see 238, in fee farme 420
For maintenance of high wa [...]es 289
Of an Hundred 243
To the husband & wife 244
Of lands discended 236
Of landes purchased 237
With a letter of Atturney 238
In London 242
If a manor recouered 240. 250
Vntill money be paid 260
Vord for Nonpaiment 265
Of landes giuen by Testament 249
Ad i [...]ntionem refeoffandi 247. 248
For discharge of tares and fifteenes &c. 289
In trust to vses 289
To vses alterable by the feoffor 271

G. Gif [...]es.

IN Franckmariage 258
Of goods 423. 424. 425. 426
In speciall taile 256. 257
General 254, with remainder ouer 255

Grants.

Of Adnowson 332. 333. 334. 335. 336. 338. 597.
Of an Annuity 298. 299. 301. 303. 306. 307. 308. 309. 310. 311. 312. 313. 318. 320. 321. 322. 332. 333. 334. 335. 336. 338
Depart of an Annuity 300
Of an Annuity out of the hamper, wine out of the K. seller &c. 378
Of a pension in recompēce of an Appropriation 323
Of an Auditorship 367, of the Exchequer 366
Of an Aulnageorship 343
Of a Batliwike 345
Of liberty to a Bondman 308. 381
In Capite 386
Of offices of Chamberlaine of the Exchequer, Iustice in eire keeper of Castles &c. 350
Of the Clerkeship of the peace 347, of the Hamper 375
Of a collation 337. 354. 356
Of a common 291. for sheep 294
Of a Constable and master of a Forest 363
Of a Corodie 324
Of Custos Rotulorum 346
Defined 290
[Page]Of Exchange 511
Of a Fayre 361
Of a fellowship 376
Of Goods 425
Of herbage and pannage of a parke 374
Of an ideot 365, with his lands 368, 370.
Of the incorporation of a towne 390. by the king 391
Of the tuitiō of a Lunatike 369
his family 370
Of liberty to repaire 326
Of a manor or Lodge 355, 373, 389, with thaduowson 387
Of mariage 329. 330
Of a mesuage 353
Of the Earle Marshals office & honor with annuity 351
Of a Parkership 371, 372
Of a Patronage &c. 388
Of thoffice of the Pipe in reuersion 379
Of a Parsonage in pure almes 357
Of a prebend 358, 360
Of a reuersion 291, 292, 302, to the Q. 295, reuocable by tender 296
Of a Rent charge 305, with a Nomine Pene 304, 305
Of a fee or chiefe rent with homage and seruice 317
Of Receiuer and surueyor with fees 377
Of a safeconduct 325
Of Stewardship 340, of a corporatiō 341, 388, during pleasure 344
Of a Scribe or Register 348
Of surueyorship 349, 364
Of turbarie 293, 374
Of vnderstewardship 342
Of a Wardship, within age 327, 328, 331
For life without impeachment of wast 352
Of a Warren 359
Of a speciall liuery and ouster le maine 292

I. Indentures.

For a prentice 582, 583

Iruentarie.

Of goods 654
To exhibitean Inuentarie 546

Iointures.

See couenants, conditiōs & vses.

L. Leases.

AS signement to vses 2 [...]7
Reseruing Barley 433
Of a brewhouse 438
Of Charter lands 443
Of Corne 439
Couenants for Leases 450
By a Deane & Canōs 436, with Dispensation of 21. H. 8. 362
To try a title by Eiectione firme 449
With Exceptions 432
By Executors 448
Of fish and ponds 441
Of a house 431
Giuen by the first husband, and conueyed in trust, that her second husband sell it not 286
In trust in steede of iointure 285
Liberty to make leases 275, 282
Of Milles 442
Of a mesuage 430, 435
Made according to the old lease 232
By the patron & parson &c. 447
Of a Parsonage 444, 445
Reseruation of power to make leases 84
In the court of wardes 437
Of a warren 440
At will 452
Warrant to deliuer a lease 539
Warrant of Atturney to make leases 538
For xxi. yeres 84
From yere to yere 151

Legacies.

See conditions, Couenants.

Letters of Atturney.

To accompt 546
To make Acquitance 530
For special debt 520
To receiue debts 530
To enter for nonpayment 519, 529
By executors 522
Generall 533
To alien lands 532
To ouersee lands 519, vpon the R. licence 523
By a Maior & communalty 518
To receiue money 517
How necessary 516
To seale an obligation 531
To receiue possess. 525, costes of the shirife 526
To take possess. 527, of landes extended 518
To deliuer possession 524
To recouer and retaine 521
Reuoked 537
To sue 534, to a court, 535
To exhibite a will 546
See warrants of Atturney.

Letters Missiue.

For an aduowson 664, 686
To a bishop 587
To a Deane and Chapter, 585, 586
By the King 584
Betweene subiects 588
Letters of substitution 536

Licences.

To alien lands in cap. 567
To sell Ale 557
To keepe an Alehouse 558
For apparel 540
For badgers of corne 568
To begge 559, 560
To brue 554
To weare a cappe 591
For a Crossebow 547. 548
To buy hats beyond sea 561
To purchase in Morimain 556
To be Nonresident 553
To make a Parke within liberties 563
To be absent frō Parliam̄t 552
To Retaine men 550
To teach and erect scholes 564, 565
To shoote in handguns 549
To keepe a Tauerne 555
Warrant for a licence to elect a bishop 572
To transport wooll 569
To danuse for yeares 624

Liuerie of [...]e [...]sin.

Defined 251
Entring thereof vpon the deede made in person 252, by Atturney 253

M. Mariage.

SEe Conditions, Couenants, Grants, and Iointure.

Mortgage.

Acquitance for lands mortgaged 483
Vpon condition to pay 409
Of a fee farme 410
Of lands 411, 413, 416, 418, 419
To find meat 414
Vpon payment 413, 415
To saue harmelesse 412
Release by the mortgagee 470

O. Obligations.

See Billes.

Offices.

See Grants.

P. Partition.

BEtweene coparceners 507
Betweene ioyntenants 508
Of lands descended 504
Of land purchased 509
Amongst foure parceners 506
[Page]Partnership. 509
Couenants thereof 510
Pasport. 562
See licences

Pawues.

Of a cheine of gold 429
Of plate 427

Petition.

For erecting a Schoole. 566

Presentations.

To an Archdeacon 590
To a Chantrie 594
By a master of an hospital. 595
Post mortem incumb utis. 596
Notes touching p̄sentatiōs. 598
To a personage 589. 593.
To a prebend 591. 592
Void by resignation 602
[...]de vacan [...]e. 599
See Aduowsons.

R. Recognisances.

FOr good abearing 104
In the Admiralty 103
Acquitance of money due therby 498
For alehouses 104
Before the Barons of the exchequer 104
In the Chancery 103
Defeasauces thereof 231
Defined 103
To giue emdence 104
Before a Justice of the common pleas 104
Single before a iust of p. 103
Landes assured to saue harmeles thereof 67
For the peace 104
To appeare at sessions 104
For keeping a Tauerne 104

Releases.

Of all actions 471
Of Amerciaments 478
Of an appeale 474
In performāce of an award 477
By copie 628
Defined 466
Of dower 630
Of ercors 481
In a writ of entre 480
Betweene foeffees 476
General 482
Betweene [...]oint lesses 475
Of communication of matrimony 473
By the mortgagee 470
Of the peace 479
Of a prisoner 542
Of a Q [...]impedi [...] 472
Of right in lands 468
To [...] of [...]ree hold 467
To [...] for yeres 466
To the vendee 469

Reseruation.

To make leases 84
Suit of court reserued 291

Resignation.

Of a benefice 601

Reuersion.

See Grants.

Reuocation.

Of administration 544
Of a letter of Atturney 537

S. Sales.

VPon condition 417
Reseruing rent 421
Of a reuersion 297
Bill of sale 428
See Bargaine and Sale

Statute Marchant.

Knowledged before Bailifes 106
Certificat thereof 106
Defined 105
The forme 106
Lands extended by statute marchant 528
Assignement of statutes 456

Statute Staple.

Defined 107
For debt 108
Improper 109
Where and when voyde against purchasers 108
See defeasance.

Subsidies.

Certificate for payment thereof 631

Surrender.

Vpon condition 464
Out of court 621
Defined 466
Of an estate for life 461
Of leases for yeares 465
To one in remainder 462
To one in reuersion 463
Before the Steward 618
See Alienations and Copies of Court Roll.

T. Trust.

FEoffement in trust to vses 289
Newe feoffees in trust after death 289
Leases in trust in steede of Iointure 285
See Bargaine and Sale, Leases and vses.

Testaments.

See Willes.

V. Vses.

VPon Alienation 264
After Alienation, Bargaine or sale shallcease 99
Assignem̄t of a lease to vses 287
Conueiance to vses in iointure 84
Altered and created new 272 273. 274. 279. 280.
Limitation of vses 278
Couenaunt to alter and raise vses 279. 280
Prouiso for discontinuance of vses 281
A liberty by vse to make leases. 282
Cease vpon discontinuance 83 84
In consideration of debts 267
Feoffements to vses, 259. trust to vses 289, if suerties be saued harmeles, 261
For want of issue to cease 99
Limitation thereof 278
Recouery to vses 81
Stand seised to vses 84. of Lessees 74
A Scedule limiting vses, 262 263
Declared by Testament 277
Diuers clauses touching vses, 84
Prouiso for feoffor in vse to make anuities and ioyntures 276, and leases, 275, 282.

W. Warrants.

TO pay annuity 579
For royall assent 573
For election of a Bishop 572
For a Bucke 576
Dormant 575
To arrest a Fugitiue 578
To returne a Iury 580
To pay money 570
For the peace 577
To make Reple [...]in 581
To take a vagabond 579

Warrants of Arturney.

To prosecute actions 543
To reuoke administration 544
To deliuer a lease 539
To make leases 538
To receiue possession 541
To release a prisoner 542
To deliuer and receiue writings 540
See letters of Atturney.

Wils and Testaments.

Perfect formes thereof, 642. 643. 644. 645.
Codicils before & after Willes, 648 649.
Dours in willes resolued by executors. 646
A gift to performe a will 424
To bind lands by will. 647

FINIS.

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THE FIRST BOOKE OF SYMBOlaeography, describing the Methode and forme requisite to be obserued in making of Instruments Extraiudiciall.

¶ What Symbolaeography is.

SYMBOLAEOGRAPHY is an Arte or cunning, Sect. 1. rightly to forme & make written Instruments.

Symbolaeography, is either iudiciall, or extraiudiciall.

Symbolaeography extraiudicial, is the first part therof, which is altogether occupied in the description of such Instruments, as concerne matter not yet iudicially in controuersie.

Which bee of two sortes, namely, Instruments of agreements, or Contracts, and of Testaments, or last wils.

For the easier vnderstanding wherof, before we take in hand to describe them, it seemeth conuenient in some sort briefly to peruse & set downe the seuerall natures of Contracts & last wils, and of such Obligations in law, as they breede the stuffe or matter (wherof such Instruments are to be made:) beginning with Obligations.

Obligations.

¶ The definition or description of obligations and the causes thereof.

AN Obligation therefore is, the second head, in which the right Sect. 2. of persons is seene: al whose substance consisteth not in this, that it should make any body or seruice ours: but to bind another to vs, to giue, do, or performe some thing.

Hereupon an Obligation is defined the right of a person by which he hath an other person bound vnto him, to pay that he oweth.

And it standeth in this point, that some thing be done or performed: And the same either a thing, or a person, and either the thing it selfe, or the interest or damage, or both together.

And all the doctrine of Obligations consisteth either in making of an Obligation, or in the dissoluing of the same, when it is made.

The constitution or making of an obligation resteth in the causes and maner of making thereof.

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The supreme cause (which is also common to all other effectes of law) is right, the inferior cause therof is the act of man, which rather giueth occasion of thobligation, then induceth the same.

For although to the making of obligations, the mind & wil of man be very necessarie, yet thereof ariseth thobligation, not for that a mā wileth, but for that right & fact granteth such obligatiō to arise: And on the other side it happeneth often, that a man wil not be bound, and yet neuertheles is bound if he commit any such thing by which right will haue him to be bound, as in Obligations with offences.

Right therefore is the chiefest cause of obligations, the fact of man the remote cause, sine qua non: that, the principall cause, this, the secondarie.

And therefore it is termed the bond of right, or law.

Of Obligations, some be simple and some mixt.

A simple or single Obligation is that which leaneth vpon right onely, that is naturall right, or ciuill right onely.

Which so is either naturall or ciuill.

The natural Obligation is that whereby a man is bound to yeeld that only which he oweth naturally: And that is also called the right of the Law of nations.

A ciuill Obligation is whereby a man is bound by ciuill Law, to render that which he ought ciuilly.

A mixt Obligation consisteth of both lawes, naturall and ciuill.

In euery Obligation the one is called the creditor, or obligee, the other the debtor or obligor: And by diuers other more special names, according to the sundrie formes of Obligations and Contracts: as feoffor and feoffee, lessor and lessee, grantor and grantee, donor & donee, vendor and vendee &c.

The creditor is he to whom any thing is due by obligation.

The debtor, he that is bound.

Such is the distinction of obligations by the efficient and original cause thereof.

¶ Of the fact of Man.

NOw the fact of y^• person & the person himself are to be cōsidered Sect. 3. The fact is the couenant or agrement or thoffence, which two are the onely way of making obligations.

The person is he which either agreeth or offendeth, and beside him none other.

And both may be bound either mediatly or immediately.

Immediately if he which is bound doe agree.

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Mediately, when if he which by nature differeth from him, but not by lawe whereby as by some bonde he is fained to be all one person, doth contract or offend, of which sort in some cases be those which be in our power, as awife, a bondman, a seruant, a factor, an Atturney, or procurator, exceeding their au [...]thoritie.

¶ Of Couenants and agreements, and who may make them.

A Couenāt is the consent of two or more, in one self thing to giue Sect. 4. or to do some what.

This consent is here of them which both by nature may consent, & to whom it is by law permitted to consent.

For all which by nature can consent, cannot also consent by law.

But all may consent of what Sex soeuer they be, male or female.

But age hindreth some, and some the defect of the bodie, as dumbnes, deafnes, blindnes, and some the defect of mind, so that they cannot consent.

Age hindreth those which be within the age of xxi. yeares: defect of the mind those which be of full age. And nature both with the consent of law, but not all after one sort.

Infants which vnderstand not what is done can therefore neither Minor. make Obligation, nor Couenant, eyther ciuill or natural which may take beginning at their persons, except such as be of the age of discretion, that is, males of the age of xiiii. yeares, & females of xii. yeares, which may couenant and be bound in some cases, as for necessarie food, rayment, schooling, instruction, and mariage &c. or as executor to an other. Doct. Stud. li. 2. cap. 27.

The vice or defect of the minde, as madnes, Lunacie, Ideocie, hindreth Furiosus, Lunaticus, Ideota. the making of agreements, and contracts.

¶ Of Consent true or feigned, or in deed and in Law.

FVrthermore, the consent in Couenants, is two waies considered, Sect. 5. the one as it is true or fayned: the other as it is pure or conditional.

I vnderstand, that to be a true consent, which commeth vnto the Consensus verus. fact of man, appointed vnto that ende, that by the same he may be said to consent: of which sort it is, almost in all Couenants, And this true consent is sometimes expressed, and sometimes concealed, or implied.

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A true consent expressed, is that which is declared by woord or deed: by woord, either vttered by mouth, or shewed by writing or messenger.

The consent secreet, or concealed is, when one doth consent by not dissenting: Whereas in the mean [...] time he might haue hindred thact done, if he had disagreed.

So that an expresse consent is alwaies in deed, and asecret consent in Law.

For they, betweene whom there is nothing expresly agreed, concerning the nature and essence, which a couenant hath by law, are vnderstood secretly to consent to the nature of the Couenant which is appointed by law.

The feined consent is by Law for some fact, when the consent of Fictus consensus. both parties appeareth not, and yet in as much as the fact is done, they are by law both feined, and deemed to cōsent, for the nature and reason of the busines, which is betweene them both.

In a true Consent we make choise with whom we will couenant: In a fained consent we happen vpon him casuaily: In the true consents, our wils conioyne vs, In the feined, fortune, or rather Gods prouidence. In true consents we begin at the fact of man: In the feined, at the law.

¶ Of pure Obligations and Couenants.

ANd as farre foorth as the consent is either pure or conditionall, Sect. 6. so farre foorth by that qualitie some Couenants and Obligations be pure, and some other condicionall.

Obligat [...]o pura, pure Obligation is that, which is, and hath being forthwith, not being suspended or stayed with any Condition.

Which sometime is pure simply, when the agreement is such, that by force of the Obligatiō, it may by and by be performed with effect: sometimes pure after a certaine maner, and that by the adding too of time certaine, vnto which not the obligatiō (which already is made) but the performance thereof is deferred.

¶ Of conditionall Obligations or Couenants.

A Condicional Obligatiō is that which is deferred to some chāce, Sect. 7. whose whole effect resteth in this, that if the Condition happen, it may be drawen backe to the very time of the agreemēt, and be holden, euen as the agreement had bin originally pure.

But it behooueth the Conditiō to be possible in deed and in Law, otherwise the agreement is void.

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¶ Of bare Promises.

A Consent in couenant, is somtime alone, & somteime with cause. Sect. 8. Consensus solus. Policitatio.

A sole consent consisteth in promise and agreement.

A promise is a couenāt offered by one freely, which is of none effect in the law to produce an Obligation, if ther be no cause why it should be done.

¶ Of bare Agreements.

AN agreement by sole consent, is a couenant consisting within Sect. 9. Pactum & placitum, vel pactum nudum. the bonds & limits of his pleasure that maketh it: And therfore it is called with vs Nudum pactum, which of his owne nature breedeth no Obligatiō. As if I. S. promise to pay x. li. to P. L. not hauing quid pro quo 9. H. 5. fo. 14. For if a man promise to doe or make any thing, & no agreement being made what he shal haue for his labor, it is Nudum pactum, 13. H. 6. 36. Of which sort bin all natural Obligations: as recompensing, requiting, & other bare promises without lawfull consideration.

¶ Of Contracts.

A Couenant or agreement which hath a cause, is termed a Contract Sect. 10. Consensus cum causa which is nothing else but an agreement with a lawfull cause or consideration, Doct. and Stud. lib. 2. cap. 24.

A cause is a busines which being approued by law, maketh the obligation rise by the contract, and the action vpon the Obligation.

There are two principall heads to bee obserued in the learning of Contractuum distributio. Contracts: the one pertaineth to their substance or nature, the other to their adiuncts or accidents.

¶ The substance of Contracts.

THe substance of al Contracts consisteth in consent, as their matter, Sect. 11. Materia & forma contractuum. and in the cause or businesse as their forme,

Yet that consent which is common to all contracts also distinguisheth them, and that by the diuersitie of the maner of consent which is vsed in Contracts.

For consent is sometimes vsed indeede, and somtimes fained, as in law: so of contracts, some be true, and some be fained.

True Contractes, be contracts hauing a true consent ordained to Contractus verus. that end that the contract may be made, and therof an Obligation or bond.

Which true consent is alwaies interposed of both sides, whether it be expresly or secretly: insomuch, that if there be any error or deceit in the consent or thing, for which the contract is entred into, that cō tract is either made altogether none, or of none effect.

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Therefore the true Contracts be those, which are by mutuall consent of both parties: which consent is therefore interposed that the contracts may be, and that either both or the one may be bound therby, and both those thinges euen from the beginning.

But if you marke the end and effect of contracts, there is no difference Contractuum est. ctus. amongst thē at al, but al equally, aswel fained as true cōtracts breede obligations, which obligations so bred bring forth actions.

Again, true contracts be distinguished by their cause, which is common Con [...]ractuum [...]sacōmunis to them al in general, namly that in al contracts, some thing be giuen or done: But in some, law hath set & distinguished the businesse or cause in certain limits, in which it hath forsaken y^• cōmon nature.

And an act so long as it appereth not, whether it may be referred to any certain busines defiued within certain limits, or no, is left in his general kind, & that common nature: as for example, when I giue I S. money that he may giue me some thing of his, In general certes this contract is, I giue, that he may giue. But whē law hath seuered & desined by certain notes, this busines wherin a certain price is giuē for a certain thing, & hath giuen thereunto a peculier name, it may be called buying & selling. We are not now to looke backe to the general name, I giue that I. S. may giue, but to the lowest species or kind that is buying, selling, & the nature therof. But if I giue thee a thing that thou maiest giue me a thing of thine, that act or busines abideth in the general name, I giue that thou maiest giue, because y^• law hath set downe no certain contract wherby one thing (other then money) may be giuē for another, neither truly by nature could certain names be giuen to all and singuler businesses: for that they be infinite: but words or names be infinite, and circumstances diuers.

Yet profit & y^• frequēt vse of certain businesses hath broght to passe that a certaine forme and name might be, & also is giuen vnto them.

Hence of true contracts, some be named, & some vnnamed.

¶ Of named Contracts.

NAmed Contracts be those which haue a cause by law defined, & Sect. 12. they are called by proper names.

The same also be termed certain, because they are certain in their Contractus nominati. forme, certaine in their number, and briefely certaine in their name.

Besides these all the rest are vncertain, as staying in that their generall appellation or name.

And it is to be vnderstoode of named contracts, which is said in the rule of contracts, that in a perfect contract ther is no place for repentance, [Page] that is, that a man can not swarue from a Cōtract named perfect, either partie being vnwilling, nor except all things be wholie restored, but that the same must altogether be cōsummate, and either the thing contracted be performed, or if that cannot, in steed thereof thē interest or damages thereof.

And though those contracts onely be named which haue receiued both name and forme of our Ciuill Law, and thereby it is to be esteemed, whether they may be said to be contracts named or vnnamed: yet haue they not al one selfe beginning, For some be said to be of the Law of nations, and some of the Ciuill Law.

¶ Of Contract [...] of the Law of Nations.

THose Cōtracts be of the Law of Natiōs, which haue their cause Sect. 13. Contractus Iurisgentium. by the Law of nations, receiued with all men, but haue receiued their certain forme and certaine name from our ciuill Law.

Which be two fold, for certaine are made by the thing, & certaine by consent.

Verily there be diuerse such contracts that may be made vpō some thing, neither is there any wherein it is not needfull that consent be: But the same in some more, and in some lesse.

As touching those that are perfected by the thing, the matter standeth Contractus rei. thus, that their cause (that is to say) giuing, consisteth in this point, that it behoueth the thing alwaies to be present, & necessarily deliuered to perfect the Contract. But in other cōtracts, albeit they be made concerning some thing, yet it is not needfull that the thing be present, but it may be in one place, and the contract celebrated and perfected in an other. Whereby it happeneth that the contracts perfected with the thing, & the thing it selfe whereof the contract is, & the very cōtract it selfe are oftētimes called by one selfe name, which is otherwise in other contracts.

Herehence we may define reall contracts, to be contracts whereby Contractus reales. the thing being deliuered & accepted, we are bound to the restitution of the same thing, but if that cannot be, the value or interest thereof.

Wherof there be two kinds, thone consisteth in loane and lending, the other in disposition and gaging. Lending is respected in the thing and without the thing.

In the thing is cōsidered, either the property therof, or y^• vse therof.

The property of the thing is transferred in loane by deliuery vnto him which borrowed it.

The vse of the thing in commodation, is applied vnto him vnto whom the thing is lent.

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Without the thing, is the keeping & the securitie thereof called Depositum, which is a thing left in another mans keeping, and this is termed a pledge, gage, or pawne.

To al which iiii. kinds this owne thing ought to be cōmō, that they be free without vsury & price, for if any price or thing be giuen therfore for them, they degenerate into the nature of other contracts.

¶ Of Mutuation or lending of things which cannot be restored.

LOane or lending Mutuatio, is a reall cōtract, wherby we so giue Sect. 14. Mutuatio. a thing consistingin quantity that he which receiueth it, may rē der the same againe to the lender, in kind and nature, but not the self same thing in deed: the thing that is lent, is properly called Mutuatū, Mutuatum. he which giueth, the lender, & he which receiueth, the borrower.

In loane termed Mutuum, the lender must be owner of the thing Mutuum. lent, and also in deliuering of the thing, he must conuey the propertie thereof vnto the borrower: because things so lent are so giuen to be vsed, that they cannot be vsed, except they be consumed. And it is therfore called Mutuum, quasi ex meo tuum fiat, Doct. St. li. 2. cap. 28.

But no other things may be giuen in loane, but those onely which consist in quātity, that is, those which are wont and may be numbred, weyed, or measured, as money, corne, wine, cheese, lead, &c.

And those may receiue function in genere, that is, one may be, and also truely is vsed for an other, that although that the thing restored is other then that which was receyued in specie infima, seu indiuiduo, yet in that, that a thing of the same kind, goodnes, and qualitie is rendred, it seemeth to be altogether the same.

In loane therefore the same quantitie and qualitie do cause that thing being diuerse in indiuiduo, to be all one in genere. Hence it is that the same things are restored that we lent not in indiuiduo, (because that single thing that was lent cannot be restored, for so much as it is consumed by vse: or if it be not consumed, yet the propertie thereof is conueyed vnto the receiuer) but in kind and goodnesse.

Number is attributed to money &c. measure, to corne, wine, oyle, &c. weight, to cheese, lead, and such like of the same sort.

¶ Of Commodation or lending of things which may be restored.

COmmodation, is a Cōtract reall, whereby any thing is granted Sect. 15. Cōmodatio. freely to be vsed of any one, that euē the very selfe same thing in deede may be restored, and not in liew thereof an other of the same kind, as a horse, a booke &c. Doct. & Stu. li. 2. cap. 28.

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The thing lent is called Commodatum, the lender Commodans, the borower Commodatorius.

But Cōmodatum, is properly when a thing, is deliuered to an vse and purpose certaine, which at the last being ended, it ought to be restored and not before.

For if the thing be so deliuered to be vsed, that it must be restored to the lender whensoeuer it shall please him, then it is termed Praecarium, Praecarium. or a loane at will.

¶ Of deposition or leauing with an other.

DEposition, is a Cōtract real in which a thing moueable is freely Sect. 16. Deposition, giuen to be kept, that the selfe same thing be restored whensoeuer it shal please him that so leaueth it. Do. St. lib. 2. ca. 28.

The thing left is called Receptū, commendatum, or depositum. the leauer, deponens, the receyuer depositarius, the keeper thereof. The nature of this Contract is in the free keeping of the thing left, and neither in the vse, nor abuse thereof.

This keeping is either of a thing Litigious, or not Litigious, the thing not Litigious is properly that which we call depositum, which is sometimes left of set purpose, and somtime through vrgent necessitie as in these three cases of ruine, shipwrack, and burning.

¶ Of Sequestration.

THe keeping of a thing Litigious is called Sequestration, which Sect. 17. Sequestratiō. is therefore defined the deposition of a thing in controuersie.

Which is conuentionall or iudiciall. A deposition conuentionall, is made with the wils of the parties between whom the cōtrouersie is.

This doth take the possession from the parties in controuersie, and giueth the same to the Sequester or indifferent man to thend he may deliuer the same to him that recouereth it, except perchance it be expresly so agreed that the Sequester shal only deteine & not possesse it.

A iudicial Sequestration is made by the aucthoritie of a competent Magistrate, euē against the will of both, or of the one of the parties.

This taketh not away the possession, but because it is doubtfull, it leaueth it in suspence vntill the parties be either friendly agreed concerning the suit, or it be declared by iudgement, who is and ought to be possessed thereof.

Sequestration iudiciall ought not to be made, but vpō vrgent causes, as to auoide fighting and breach of peace &c. or if the destructiō of the thing Litigious be feared, or the partie suspected to become [Page] fugitiue or insufficient, or if there be any other danger in delay: But deposition of things moueable onely, and sequestration may be of things immoueable.

¶ Of Pledging and gaging.

A Pledge is taken sometimes generally, and somtimes specially, Sect. 18. and both of them are sometimes of the couenāt, & sometimes of the thing which commeth into the couenant, Do. St. li. 2. cap. 28.

Pignus generally taken, is a couenant by which right is appointed Pignus. to the creditor in the things of another mā, that his debt to him may be so much the surer: which very right is not seldome called a pledge, so that a pledge may be of the couenant, or of the right of a thing, and briefly of the thing in which that right is appointed.

And a pledge is either proper or improper: an improper pledge is Hypotheca. called Hypotheca, which is of a thing not deliuered, which is made and perfected by couenant onely, As in clauses of distresse, clauses of nomine penae, & other penalties for not performing of couenants &c.

It is either expressed or implied.

Expressed is that, whē it is expresly agreed, of what thing it should be, as a clause of distresse for a rent charge.

And this is alwaies by expresse consent of the parties onely.

An improper pledge implyed is that which is induced by the Law alone, yet by some occasion thereunto giuen by some acte of man, which is not principally, and by the will of man appointed to make a pledge: although that by that thing which is done, the man doing it is presumed to agree to the pledge: as when goods be brought into an other mans land, lyable to the distresse of a stranger, for rent or other moueable things bound by the operation of Law.

A pledge so termed specially, is a pledge deliuered to the creditor sometimes by the debtor, and sometimes by a magistrate.

¶ Of Pledges necessarie or voluntarie.

ANd therefore a pledge is either necessarie, or voluntarie, or conuentionall. Sect. 19.

A necessarie pledge is that which is receiued by compulsiue authoritie of a Magistrate.

A pledge voluntarie or conuentionall, is a pledge deliuered by the couenant of both parties.

A pledge is euer of the debtors own things, namely of such as may be bought and sold.

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For the gaging of the goods of another man is voide, if it bee not with the will and consent of the owner thereof.

And a pledge may be pawned to another, yet subiect to the first cō dition, for prior tempore est potior iure.

Fruits and things growing may be pledged.

¶ Of Pledges generall and speciall.

ANd a Pledge may either bee generall, which is of all a mans Sect. 20. goods.

Or speciall which is of some part of them onely.

And all the right of pledges or gages, consisteth in the securitie & assurance of the thing due to the creditor. Do. St. lib. 2. cap. 28.

¶ Of Contracts by consent.

SVch be the Contracts by the law of nations which are perfected Sect. 21. with the thing. Those which are perfected by consent do follow.

And obligations accrewing of these are said to bee contracted by consent, not because these alone haue consent in them, but for that to their parfection, the presence of the thing whereof the contract is made is not desired, nor wordes nor letters, but sole consent sufficeth which yet many times is interposed with the thing, and by thaccesse thereof perfected.

Hereupon contracts by consent are defined contracts, hauing cause placed in sole consent, to this end and intent, that a busines certaine may be done.

And these contracts by consent are partly in the thing, and partly about the thing.

In the thing, namely either of the propertie or of the vse thereof.

About the thing, as of communication or fact.

¶ Of Buying and selling.

COntracts of propertie are buying or selling: Of vse, are letting, Sect. 22. taking, or hyring: Of communion, societie: Offact, is commandement.

And buying and selling Emptio, venditio, is a contract by consent Emptio. Venditio, of the hauing of a thing, by or for a certaine price.

In which he that must deliuer the thing is named the seller, and he that ought to pay the price thereof the buyer.

The substance of this contract consisteth in the thing sold, and in the price thereof.

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¶ What things may be sold.

ALl things may be bought & sold whereof a man may haue propertie Sect. 23. or ownership, as horse, kine, &c. corne growing vpon the ground, Tithes not seuered, 21. E. 3. 11. 21. H. 6. 43. hay growing 27. H. 8. 25. 11. H. 4. 32.

Al goods, chattels immoueable, bondmen, and other things not being by law prohibited (as stoln goods, horses into Scotland, fremen) may be sold.

Also a man cannot buy his owne goods.

The price in buying and selling in money. [...]etium

For one thing giuen for another, is not price, neither if it so happen, Permuta [...]io. it is buying and selling, but exchanging, Permutatio.

The price is certaine whē it is either expressed in the bargain, how much it is, or ought to be, Or if not certainly expressed, yet some relation is made to some thing, whereby it may be made certain, As if the vendor saith, he selleth it for so much as he bought it, Or for so much as I. S. shal arbitrate, It is certaine enough til I. S. haue denied to declare the certaine price thereof, 14. H. 8. 19.

¶ Of paiment and deliuerie of things solde,

THe paiment of the money & deliuery of the thing sold are effects Sect. 24. of buying and selling, but not the very substance thereof. 14. H. 8. 19. for buying & selling is perfected, by the certaine appointing of the thing to be sold, and the taration of the price therof, with the mutuall consent of the buyer & seller, which consent in & about one selfe same thing worketh all.

¶ Of letting or hyring.

LEtting & hyring, locatio, conductio, is a Contract by consent of Sect. 25. the making or vsing of some thing for a certain rēt, hier or wage.

He which letteth, lesseth, or setteth any thing to be made or vsed, is called properly Locator, the lessor or lettor: Hee which taketh or hyreth it, Conductor, the lessee or hyrer.

Letting and taking is either of a thing, or of the diligence of man.

And all things which may be bought and solde, may also be letten except such onely as consume by vse. As corne, wine, oyle, money, and such like, which may not be letten: But houses and land and quicke beasts, as sheep & oxen which by nature yeeld increase, may be letten.

The letting or hyring of a mans labour, is as it were the vse of a man in the making or dooing of some thing, As in the making of an [Page] house, a clocke, a garment, in doing of a daies worke by a laborer &c. Or the vse of an house of lands &c. for life, yeeres, or at will for certaine rent.

¶ Of Societie, Communion, or Felowship.

SOcietie is a contract by consent about a thing to be had and vsed Sect. 26. Societas. in common on both sides.

And the societie or communion of thinges may happen betweene many of diuers causes, of which, two be most principall: One by hereditarie discents or executorship: As when lands discend to heirs or coparceners, or when a man maketh diuerse executors, or administration is committed to diuerse. The other, when a thing is purchased or gotten by diuerse, by gift or legacie, or some other such single title.

But that onely is properly called Societie, which by mutual consent is applied to that end, that there may be partnership or fellowship amongst the persons contracting: wherein so soone as they are fully agreed, thone is properly called the others fellow.

And the same societie is in the goods and things of all the companions, or of one, or some of them onely, and in the labour to be done by them all, one, or some of them, about such goods or things. And againe in communicating of gaine and losse after the putting of such things in fellowship or barter, and performing of their labour there about.

So in Societie are regarded the goodes or thinges of which the communion is made, And the diligence and labor to be imployed in and about them, And the damage or profite which of them both or by thoccasion of them, or the same societie contracted, may grow or arise.

And the whole doth consist in negociation, as in buying, selling, traffique, or marchandize.

¶ Of a Societie generall or speciall.

SOcietie in respect of goods is either generall or speciall.

A generall societie of goods is of al goods: which contract hath Sect. 27. this one thing peculier vnto it selfe, that so soone as the partners are agreed therupon, all their goods are by law common in property and vse to ech and euery of them, without deliuerie of any part thereof to cause a propertie.

A speciall societie of goods, is of certaine goods onely, and the same [Page] either one thing onely, as of an horse, oxe &c. to be bought: Or of some certain kind of marchandises or wares, or other things, as corne, oile, spices, beasts &c.

Againe the generall societie of goods is so of all, that it extendeth to all things of the partners or fellowes. But in the speciall societie of goods, it may be that thone onely conferreth the goods, and the other no goods, but bestoweth only his labor and diligēce, which then is in steed of goods.

For labor is oftentimes of as good regard as money, yea and some times much better, which causeth that euen the poore being industrious, may haue fellowship with the rich.

Therfore in general societie of goods, the one of the partners somtimes yeeldeth more goods, and the other lesse, the want wherof is intended to be supplied by the other parties labor and diligēce, al which dependeth vpon the agreement and will of the parties thereunto.

¶ Of Gaines and Damages.

GAine is that which remaineth when al damages and expences, Sect. 28. Lucrum. which the principal or goods put in barter, are deducted.

Damage is that which wanteth when the expenses are drawē frō Da [...]um. the principall, or things put in barter or felowship.

¶ Of Commaundement or Commission.

ACōmandement or Commission Mandatum, is a contract by cō sent Sect. 29. to do something gratis or freely.

He which commandeth is called Mandans or Mandator, he which is commaunded may be called Mandatarius.

Commaundements or Commissions do properly rest in the deede and not in the thing, albeit the thing doe sometimes come vnto the facte.

And that fact commaunded is either in iudgement, or out of iudgment.

A Mandate or commaundement therefore is either touching some controuersie, or the doing of some other businesses.

And euery commaundement is generall or speciall. And the generall either with free administration or without it.

And the other person so commaunded may be termed an Atturney, Proctor, Procurator, Steward, Bailife, Factor, Ouerseer, or Gouernour [Page] of other mens businesses.

For an Atturney is he which administreth, or doth another mans busines by the commandement of the owner thereof.

If the partie commaunded haue any thing for his paine, it is not then properly commaundement, but Location and Conduction.

These Mandatorie contracts are determined by death or will, of either of the Contractors, if the deede be yet vndone.

By death naturall.

By the will of the parties, as if either the Commaundor reuoke his Mandate: Or the partie commanded renounce and refuse to execute the same.

¶ Of Contracts named of the Ciuill Law of Stipulation.

SVch are contracts named of the Law of Nations, Those follow Sect. 30. which are of the Ciuill Law, which contracts are either made by word or writing.

Stipulation is a contract made by words only, by an Interrogation or question preceeding, and a fitte aunswere to the same following, for the giuing or doing of some thing or busines: as giuest thou: I giue: wilt thou doe this: I will: which is no binding contract in our Law, if no lawfull consideration preceede, but Nudum pactum, of which before.

¶ Of Contracts by writing.

THe other Contract of Ciuill Lawe is made by writing, as the Sect. 31. former is made by wordes. And that rather for the declaration and proofe of the Contract before made, then for thessential making of the same.

For a written Bande, is a Contract whereby any man confesseth himselfe by his writing orderly made, sealed, and deliuered, to ow any thing vnto him with whom he so Contracteth.

And if the thing were due before the making of such writing, then such duetie when such writing is so made, is due both by the cause, for which it became so first due, and by such writing, wherin it is so described: by the first naturally, by this ciuilly. And if it were not due before, then it was not done ciuilly, by vertue of y^• writing onely. [Page] Neuertheles it is to be noted, that by accepting of writing of a Precedent contract, or of any part thereof of the party, the contract precedent, is altogether determined therby 3. H. 4. 17. 29. H. 8. but not if a stranger be bound 29. H. 8. for no contract can be apportioned or deuided, 9. E. 4. 1.

Obligations and contracts doe not forthwith spring of all kind of writings mutually giuen by the parties, for some are made onely for the testimonie or memorie of things done, to the ende to preserue thē & win credite vnto them, but not to the end to procreate or breede any bond or contract, as histories, priuate Inuentaries, priuate notes of remembrance, certificates &c.

But if I. S. by his writing duly sealed and deliuered, confesse him selfe to owe to T. N. x. l. the proofe that he made the same bond, maketh him debtor of somuch, albeit ther was neuer any other contract thereof betweene them, but such writing only, neither is it necessary that the creditor proue any more, but only the deliuerie of such bonds or writings thereof.

¶ Of namelesse Contracts.

ANd true Contracts named, be of such sort: besides which, al the Sect. 32. rest be vnnamed, which be true contracts, hauing no certaine name by the Ciuill Lawe, and yet containing in them a ciuill businesse, whose forme is generall, not defined within anie certaine limites.

Of which sort bee all those contracts of which it is either doubtfull, or else certaine that they can bee referred to no Ciuilll Contract named.

A Ciuill businesse is, if any thing be to bee giuen or done for some cause.

Of these vnnamed contracts there be two kinds, the one may bee termed a contract vpon the cause or permutation.

A contract vpon the cause is a contract vnnamed, made by consent wholly for some lawfull consideration, when some thing ought to be giuen or done, or not to bee giuen or done, As assumption and othes. Assumption is made for the most part with such wordes as I giue thee that, that thou giue or do that: or I doe this that thou shalt giue or doe that. As if I. S. receiue of D. D. an horse or any other thing, and promise in consideration thereof, either to deliuer the horse sound againe, or fortie shillinges, or if I. S. giue D. D. tenne shillinges, in [Page] consideration that he shall giue him some other thing, or doe some act for him.

These contracts in respect of the summe certaine expressed, resemble the contract of buying and selling: And in respect of labour to bee taken about the doing of the fact, they counterfait Location & conduction by reason of the wages: which if it were not set downe, they would represent commandements, which neuerthelesse fully iumpe not with any of those three contracts named, neither may they rightly challenge any of their names.

¶ Of Permutation or Exchange.

PErmutatio, Permutation is a namelesse contract consisting in Sect. 33. the thing and consent, by which one certaine thing is giuen and exchanged for another, as an Oxe for an Horse, or bread for flesh &c. which name of Permutation, although it seeme fit for this businesse, yet it is rightly tearmed a namelesse contract in lawe: For albeit it counterfet buying and selling very neere, for that either thing giuen in exchange resemble both the wares and the price, yet because it cannot be discerned thereby whether is the buier, and whether the seller, it cannot vsurpe that title.

And so those contracts of the Case, Assumption and Permutation, be therefore said to be namelesse, because their appellations or names be so generall, that no one named contract is able to comprehend thē, yet is the knowledge therof wonderful necessary for the apt framing of Instruments.

¶ Of improper contracts.

TRue or proper contracts are so described: Contracts improper or Sect. 34. fained succeede.

A Contract vnproper, is a contract made by a consent fained by the lawe, for some deede happening in the same, that is to say, in the which there is no manifest certaintie of both the parties consent: but yet according to the reason and nature of the businesse, a consent is by lawe fained to come on both sides, as the administration of an others businesse without request, and gardenship, the communion of things, as amongst Iointenants, Coparceners, tenants in common, ioynt executors, and ioint administrators, ioint legataries or donees, by payment of that which is not due, the receiuor is bound to make restitution, and deteining of goods in which another hath propertie.

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¶ Of Contracts mediate and immediate.

THere be also contracts of the fact: and a fact cleaueth to the person, and is in it, from which it is neuer seperated: but the right Sect. 35. which resembleth and ariseth of the fact of the contract, namely the obligatiō may be gotten to another then him that made the contract.

And sometime it commeth to passe that one man bargaineth, & a nother man obtaineth the obligation, whether that other bee bound, or another by the same contract be bound to him.

An Obligation by contract is gotten either mediately or immediately.

Immediately by a mans owne proper contract.

Mediately where the contract is made by another, As a contract made by the wife with her husbands commandement, consent, or assent, 20. H. 6. 22. 27. H. 8. fol. 25. 21. H. 7. fol. 40. 14. H. 7. 2. R. 2. or by a Bayly knowen, 27. Ass. P. 5. or by his seruaunt, factor, or Atturney, 8. E. 4. fol. 11. 22. E. 4. fol. 6.

¶ Of the adiuncts of contracts.

VVE haue hitherto spoken of those thinges which pertaine to Sect. 36. the constitution of the very substance of contracts: their adiuncts follow.

Of which adiuncts some be interne and some externe.

Of which some be Cōtracts bonae fidei, others be strictiiuris, Those be contracts bonae fidei, by which that is performed which seemeth equall and good, although it was not once thought of by any of the parties at the making of the contract.

Of which sort be accommodation, deposition, pledges, buying, selling, letting, hyring, societie, commandement, permutation, assumptions, and other contracts vpon the case, gardenships, doing of others businesses, communion of things hereditary, and all other communions.

Contracts of the strict law, are those by which that onely is performed, which is expresly couenanted.

Of which kind be lending, and all other besides those aboue mentioned, In these the rigor of the law, in those, equity ruleth. Sundry other contracts there be of this kinde, which to auoyde tediousnesse I pretermit.

Externe adiuncts bee those which are so in the contract, that they may also be absent frō it: but in it only then, when it is so couenanted.

For but that it is so couenaunted, they would either altogether not [Page] be therein, or if they were therein, it should be by the onely auethority and disposition of the law.

Of these externe adiuncts, some may be adioyned to euery contract which are called Common, & some proper to certain contracts onely.

Common externe adiuncts, be couenants, accessions, and delayes annexed to Contracts.

Of Adiuncts, some adde some things vnto the contracts, some take some thing from them.

Adiuncts which adde something to contracts, are penalties, warranties, or other securities.

Adiuncts taking from contracts, be such as diminish the price agreed vpon in the beginning.

¶ Of Accessions to contracts.

ACcessions, Accessiones contractuū, to contracts be these things Sect. 37. which be required beside the principal things themselues, wherof the contract is made: As all costes and damages, [...] by occasion thereof, Or limitation of circumst [...] of rane, [...], person, &c. to performe Contracts.

¶ Of Delayes.

DElay (Mora) is that lingering or prolonging of the performance Sect. 38. of Contracts, which happeneth by the slacknesse [...]het of the creditor, or debtor.

Much more might haue bin said of those contracts and offeines, of which Obligations springs and arise, all which we willingly haue omitted, as not much necessarie for our present purpose. In this discourse of Contracts necessarily, (as we think) we are in like maner to intreat briefly of estates, possessions, and properties, by which things are conioyned vnto persons.

¶ Of Estates and properties vniuersall, and fee simple.

AN Estate, Status, dominium, proprietas, is that right & power Sect. 39. whereby we haue the propertie or possession of things: that is, whereby we be owners or possessors thereof.

All Estates be either vniuersal or particuler: An vniuersal estate is an estate in fee simple, which is, when a man hath lands or other things inheritable, to him and his heires for euer, so that thereby it is perfectly his owne: and therefore we call it vniuersall, because it comprehendeth in it selfe all other estates.

¶ Of particuler Estates, and of Fee taile.

A Particuler Estate is euery estate which is not so vniuersal, and Sect. 40. may also be said to be of two sorts, that is a particaler estate of [Page] inheritance and of a terme.

A particuler estate of inheritance, is an estate taile or limitted, that is an estate expressing in certain, whose issue, and of what sixe shall inherite, and it is generall or speciall.

A generall estate taile or limitted, is when the estate limitted expresseth not betweene whom the issue inheritable must be ingendred: As if the gift or conueyance be to a man & the heire or heires males, or heires females of his bodie lawfully begotten, not naming vpon what woman: Or to a woman and to the heire or heires males or heires females of her bodie lawfully begotten, not naming the man by whom it should be begottē, in which case, euery heire of their bodies lawfully begotten may inherite, by what wife or husband soeuer. Or shortly thus: an estate in general taile is, by which any issue of the donees bodie lawfully begotten may inherite.

An estate taile speciall is, when it is certainly set downe betweene whom the issue inheritable shalbe ingendred. And this special estate taile is either expressed or implyed. An estate in speciall taile expressed is, where it is specially limitted what issue of the donee shall inherite. An estate in speciall taile implyed is, where it is not expressed specially what issues of the donees shall inherite: as by gift in frankmariage, which is, where a man giueth lands with his Daughter, or other kinswoman, to an other in frankmariage, which word frankmariage amounteth to asmuch, as if he had said to the donees and the heires of their two bodies lawfully begotten, Litt. Sect' 17. As if the conueyance were made to a man and a woman, & the heires of their two bodies lawfully begotten: or to a man & the issue which he shall beget vpon the bodie of A. D. Now may no issue take any benefite by that conueyance, but such onely as are betweene them two lawfully begotten: And this maner of estate is properly called a speciall estate taile: But if either of them die before they haue such issue betweene them, then the partie suruyuing is vnproperly called a tenant in taile, and therefore for distinction fake, we terme such furuiuor tenant in taile after possibilitie of issue extinct.

¶ Of Estates of freehold.

A Particuler estate which is but onely a terme, is an estate determinable Sect. 41. by limitation of time, and it is of two sorts: namely an estate of franktenement, or a chattell.

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An estate of franktenement, is where a man hath the freeholde of land, and it is either an estate of franktenement, created by the operation of the law, or by the act of the parties.

An estate of franktenement created by the operation of the law, is either by the common law, or by statute. An estate of franktenement by the common law, is either dower, or by the curtesie of England. An estate in dower is, where the wife is endowed of the third part of such lands as her husband had any such estate of inheritāce in, as the issue which by possibilitie she might haue had by him, might by possibilitie haue inherited the same land of the same estate: For dower exassensu patris, ad ostium Ecclesiae, & de la plus belle, as seldome vsed at this day, I omit.

An estate of franktenement by the Curtesie, is an estate for the terme of life of the husband in al his wiues land whom he suruiueth, hauing had issue by her borne aliue, which might by possibilitie if it had liued, haue had, and inherited the same lands of such estate as the mother therein had, during the couerture.

An estate of franktenement by statute is, either by vertue of a bond knowledged according to a statute, or by reason of some execution.

A franktenement by Statute, is either by vertue of a statute Staple, or of a Statute marchant.

A franktenement by vertue of an execution is, either by reason of some Iudgement in some of her Maiesties Courts of Record: or els by reason of some recognisance: it is when the moitie of the Recognisors lands be deliuered to the Recognisee to hold to him as his frehold til his debt be pated. But these estates of freehold growing thus by Statute, are not properly but vnproperly termed freehold.

An estate of franktenement growing by the act of the parties, is an estate for the terme of a mans owne life, or for terme of another mans life. For the terme of a mans owne life, as if land be leased to any man to haue and to hold to him during his life.

An estate of franktenement for anothers life is, whē lands be assured to him for the life of I. G. or any other then the lessee himselfe.

¶ Of estates of Chattels.

A Particular estate which is onely a chattell, is either certaine or Sect. 42. incertaine, and it groweth either by the act of the parties, or by the law.

By the act of the parties is a lease for the terme of certaine yeares [Page] [...] [Page] [...] [Page] hauing a certaine limitation when it shall begine, and when it shall end or determine, as if lands be leased to I. G. To haue and to holde to him and his assignes from such a day, naming some day certaine, past, present, or to come for xxi. yeares, or any other certaine number of yeares agreed vpon betweene the leassor and the leassee.

Particular estate certaine growing by lawe is, that estate which the Gardian hath in his wa [...]des lands, during his nonage.

A particular estate incertaine, is an estate at will, or at sufferance.

¶ Of possession in law and in deede.

AN estate at will is where the leassor graunteth his lands or other Sect. 43. things to the leassee, to haue and to hold to him, at the will of the lessor.

And it is to be remembred, that estates may bee in possession, and out of possession. Possession is in law or in deede.

And a possession in law is when the law onely is the efficient cause thereof, and it is either by common lawe, or by statute. By common law, as if the father or other ancestor die seased of lands, the law casteth the possession in lawe vpon the heire before his entre by force whereof he is tenant to euery mans Praecipe: by statute is, that possession which Cestuy que vse, hath in lands limitted to him in vse 27 H. 8. cap. 10. before his actuall entre into the same. An actuall possession or a possession in deede, is when the owner entreth into the same in deede. An estate out of possession is of two sorts, to wit, in remainder, and in reuersion.

¶ Of Remainders and Reuersions.

AN estate out of possessiō in remainder is, whē a particuler estate Sect. 44. is granted to one man, the remainder to another at y^• same time by one deede, As if a grant be made of lands for yeres, life, or in taile, to I. S. the remainder thereof to T. N. for life, yeres, fee, or in taile.

A reuersion is such an estate depending vpon like particuler estate but not being created all at one time, by one deede: as if I. S. seised of landes in fee, graunt the same to T. N. for yeares, life, or in taile, that which after such particuler estate remaineth in the grantor, is a reuersion.

Also euery estate is either executed maintenant, or executorie by limitation of vse, which vesteth in possession by vertue of the statute of 27. H. 8. And lastly, euery estate is either absolute or conditionall.

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¶ Of Instruments, their definition and causes.

HAuing thus generally and briefly run ouer the doctrine of Cō tracts, Sect. 45. Obligations, possessiōs, estates & properties so far forth as seemeth behoouefull for the description of the seueral Instrumēts of all maner of Contracts. It is now time to enter into the discourse of Instruments themselues the verie proper matters and obiect of Symboleography.

An Instrument therefore is a formall writing made in paper or parchment, wherein are contained & described contracts, couenants, last wils, or other facces and things of persons for the testimonie or memorie thereof.

And first we say it is a formal writing to distinguish Instruments from ordinarie letters, priuate notes, reckonings, and remembrances made by any for a mans owne priuate vse or memorie, and from all bookes of artes, histories, diuinitie, philosophie, and such like.

Secondly, made vpon paper or parchment, for that, that before the inuention of Paper or Parchment men vsed to write sometimes vpon bords rubbed ouer with ware, sometimes vpon stones, sometimes vpon mettal, and sometimes vpon the inner rinds of the barkes of trees. And sometimes at this day vpon tables, stones, or tallies, none of all which kindes of writings we here meane, but such onely as are made vpon paper or parchment.

Thirdly, in saying that an Instrument cōprehendeth things contracted: it setteth before our eies, what the verie matters, busines & acts be, whereof such Instruments must be made: namely of agreements & cōtracts, grants, wils, pleadings &c. which may breed Obligations, & not of bare speeches, communications, or priuate notes.

Fourthly, the word (persons) pointeth to the efficient cause of these Couenants and Contracts.

Fiftly, that which ensueth teacheth vs the verie finall cause why such Instruments were first ordeined, that is, to the end the acts and things therein comprised might both more certainly be kept in memorie, and more easily to be proued: for the proofe of the Instrumēts only proueth the Contracts therein conteyned. And therefore Instruments are a kind of proofe in all lawes.

The forme of Instruments doth plainly appeare at full in the description of Instruments thoroughout the second Booke, in which you may see the maner, forme, and fashion of euery kind of Instrument extraiudiciall.

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¶ Of the distribution of Instruments.

INstruments therefore of their effects be either constitutiue and Sect. 46. making, or remissorie and liberatorie.

An Instrument constitutiue is such an Instrument vnder the proper hand of the partie as testifieth and describeth some contract of some debt or dutie to be paied, or some fact to be done or performed, as an obligation, bill of debt &c.

And of Instruments constitutiue, some are creating, and some conueying.

A constitutiue Instrument creating, be those whereby any estate, propertie, power, or obligation, not hauing any essence or being before, is newly raysed and created, as the first graunt of a rent, common, way &c. estate taile, for life, yeares, and such like, Warrants of Atturney, Commissions &c.

Instruments constitutiue conueying, are those by which estates, properties, or powers, being alreadie created are transferred & conueyed to others, As Instruments of feoffements, bargaines & sales, assignements, and graunts ouer, or surrenders, confirmations, substitutions and deputations &c. by which, estates, properties and authorities are conueyed ouer to others.

And an Instrument remissarie, is an Instrument vnder the parties hand describing & testifying some precedent contract of a debt, dutie or fact to be paied, performed, done, released, or discharged: of which sort, be all acquitances, releases, & other matters of discharge.

Secondly, of the efficient cause, Instruments be either publique or priuate.

A publique Instrument, is an Instrument made by publique authoritie of a Magistrate or Iudge, as all grants & charters of the Q. Maiestie vnder her highnes great seale, or vnder the seale of the Duchie, or of any of her highnes Courts of Record, & all deedes & charters knowledged & inrolled in any of her Maiesties courts of record.

Such publique Instruments of their own natures proue the facts or contracts therein conteined, and are of such & so great credite of their owne natures, that they themselues need no proofe at all.

Priuate Instruments, are Instrumēts made between priuate persons, by the priuate authority of the contractors thēselues only without publique authoritie, wherefore although they being proued by witnesses, or otherwise do proue the contracts & facts of the parties therein mētioned: yet of themselues without such proofe, they proue nothing, as deedes of feoffement, obligations, acquitances, wils &c.

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Thirdly, Instrumentes be either of such persons as haue naturall capacity by birth, which euerie liege subiect being borne within her Maiesties dominion hath by his natiuitie.

Or by making, as euery stranger borne hath, being by act of Parliament naturalized, or made a Denizen.

Or els of such as haue only ciuil capacitie, as of all corporations or ciuil bodies, & lawful societies, colledges, guilds, fraternities, fellowships, & cōpanies incorporate, as Maiors, & communalties, bailifes, & burgesses, deans & chapters, Bishops, Parsons, Vicars, &c. & al such as haue succession perpetuall, & take to them & their successors.

Fourthly instruments be either sealed and deliuered, or not sealed and deliuered.

Fiftly of their forme also, Instrumēts be either polled, and single, or indented.

A polled deed, is a deed testifying, that onely the one of the parties to the same hath put his seale thereunto, after the maner following: Sciant p̄sentes & futuri quod ego W. W. de R. in com̄ C. generosus, dedi, concessi, & hac praesenti charta mea confirm̄ T. D. de S. in eodē com̄ ar̄, vnum mesuag', & xx. acras ter̄ cū ꝑtin̄ in R. p̄d in praed' com̄ C. Habend & tenend' ten̄ p̄d, cū ꝑtin̄ praef. T. D. haered', & assign̄ suis im ꝑpet̄, ad solum, ꝓprium opus & vsum eiusdem T. D. haered', & assignat̄ suor̄ imperpet̄. Tenend' de capital' Dn̄is feod' illius per seruitia inde priꝰ debita, & de iurè consuet̄. Et ego vero praefat̄ W. W. & haeredes mei ten̄ praed' cum pertin̄ praefat̄ T. D. haered' & assignat̄ suis contra omnes homines warrantizabimus, & imperpetuū defendemus per praesentes. In cuius rei testimonium huic praesenti chartae meae sigillum meum apposui, datum 30. die Martij, Ann. regni Dominae nostrae Eliz. Dei gratia Angliae Franciae, & Hibern̄ Reginae, fidei defensoris, &c. 36. Anno Dom. 1594.

These deedes polled, are also termed Chartae priuatae & simplices, because there is onely one part thereof which ought to remaine with the grantee, donee, feoffee, leassee, &c.

And poll deeds may begin thus. Omnibus Christi fidelibꝰ ad quos praesentes literae peruenerint W. W. &c. salutem in Dn̄o sempiternam. Sciatis me praesatum W. W. &c. Or thus, Pateat vniuersis per praesentes me W. W. dedisse &c. Or thus, Omnibus Christi fidelibus praesentes literas inspecturis.

Or thus by a Nobleman, placing his name with al his titles of honor at the beginning thereof. Praenobilis Gilbertus Com̄ Salop̄, dn̄s Furniual verdon & Strange de Blackmere Dominus Luftoft, nobilis [Page] equestris ordinis Garterij sodalis Regiae (que) Maiestati à sacris cōsilijs &c. salutem &c. Sciatis me p̄fat̄ Comitem, &c. and the like of others, &c. Or thus, Christianis vniuers. praes. scriptum inspecturis siue auditur̄, &c. Or thus, Haec billa testat̄, quod &c.

Or thus by a Corporation, Nouerint vniuersi per praesentes nos R. I. Maiorem burgi de Donc, & Cōmunitatem eiusdem burgi ex vnanimi nostr consensu & assensu, dedisse, &c.

Or by the Queene, or by any other king or Prince thus, Elizabeth dei gratia Angliae, Frāciae, & Hibern̄ Reg. fidei defensor &c. Omnibus ad quos p̄sent̄ liter̄ nostr̄ peruen̄ salutem, Sciatis nos, or sciatis quod nos &c. Or thus, Elizabeth &c. Archiepisc. Episc. Ducibus, Comitibus, Baronibus, Militibus &c. Sciatis quod nos, &c. Or thus, Reg. vniuers. & singulis Iusticiarijs, & Custod' forestar̄, Maioribus, Coronatoribus, Eschaetor̄, Vicecom̄, Forestarijs, custodibus pacis, venditoribus victual' & cariag', ac omnium aliarum rerum quarumcunque pro expensis hospicij nostri, Constabular̄, Balliuis, Officiar̄, Ministris, & omnibus subditis nostris quibuscunque, tam infra libertatem quam extra, ad quos &c. Sciatis &c.

And in many other like formes according to the quality of the person, to whom her highnesse Patents are directed. In which who so desireth to be further instructed, may plentifully be satisfied by pervsing of the Register, &c.

And the sealing of the Queenes letters P. are commonly concluded with these or the like wordes, (viz.) In cuius rei testimonium has literas nostras fieri fecimꝰ patētes. Teste meipsa apud W. 3. die Maij, Anno regni nostri 36:

And the ensealing of a deede by a corporation thus: In cuius rei testimonium sigillum nostrum commune praesentibus apposuimus. Datum in Guilhalda Burgi praedicti &c.

¶ Of deedes indented.

A Deed indēted is a deed cōsisting of two parts or more, in which Sect. 47. it is expressed, that the parties to the same deed, haue to euerie part thereof interchangeably, or seuerally set their seuerall Seales, And they are most commonly made in this forme. (viz.)

Haec Indentura facta inter A. B. de C. in comitatu Ebor̄ H. ex vna parte, & E. F. de G. in comitatu H. Y. ex altera parte, Testatur quod praed' A. B. dedit, cōcessit, & hac p̄senti charta indentata confirmauit praefato E. F. & haered' suis xx. acr̄ terr̄ &c. Habend' &c. In cuius rei testimoniū partes praed' sigill' sua praesentibꝰ alternatim apposuerūt. [Page] Datum, &c. Or thus. In cui [...]s rei testm̄ vni parti huius praesentis Indentur̄ penes praesatū E. F. reman̄ paed' A. B. sigillū suum apposuit, alteri vero parti eiusdem Indenturae penes praefatum A. B. remanent̄ praefat̄ E. F. sigill' suum apposuit, Dat̄ xx. die lan. Anno &c.

Or the date thereof may be put in the beginning of the deed thus. Haec Indentura facta xx. die lan. anno regni &c. Inter A. B. &c. & C. D. &c. Testatur &c. These deedes indented, or Indentures & deedes Poll, may be made in the first person also, but are most vsually made in the third person. And in the first person be of this forme, Omnibus Christi fidelibus ad quos hoc praesens scriptum, Or praesens charta, Or praesentes literae indentatae peruenetint, A, de B. &c. salutem in Domin̄ sempiternam &c. Sciatis me praef. A. B. dedisse, concessisse, & hac p̄senti chart̄ mea indent̄ confirmasse C. D. &c. xx. acras terr̄ &c. Habend' & tenēd' &c. vel sic, Sciant praesentes & futuri &c. vel Nouerint vniuersi per p̄sentes &c. vel Pateat vniuersis &c. qued ego A. B. de &c. dedi, concessi, & hoc praeiēti scripto meo indentato confirmaui C. D. xx. acras te [...]rae &c. Habend' &c. In cuius rei testimon̄ tam ego praef. A. B quā p̄fat̄ C. D. his Indenturis sigilla nostra alternatim apposuimus, Datum &c. vel sic, In cuius rei testimoniū vni parti huius praesentis Indentur̄ sigillum meū apposui, alteri vero parti eiusdē Indenturae praefatus C. D. sigillum suum apposuit, Datum, &c.

And both parts of such deedes Indented be the deedes of both the parties to the same: And euery part of such Indentures is the deede of either of the said parties, and each part is of as much force and effect alone, & as beneficiall to either of the said parties, as both partes thereof together.

These deedes indented are not only bypartite as these aboue mentioned, but also may bee made tripartie, that is of three partes, or quadrupartite, quinquepartite, or of as many parts as shall be needfull in forme abouesaid, Mutatis mutandis &c. as by sundrie examples in this preseut discourse may appeare.

And these deedes indended or Indentures are most commonly indented or cut one of them into another. But the cutting of them in that maner onely doth not suffice to make them deedes indented, nor the calling of them so by the parties, if the putting too of the seales, in forme abouesaid be not therein expressed. Thus much generally for the seuerall formes of deedes.

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¶ Obseruations necessarie for the making of Instruments.

IN the forme of euery Instrument it seemeth needfull to consider Sect. 48. the substance therof, and of the adiuncts. Touching the substance, a deede doth consist of two principal parts, namely the premisses and consequence thereof.

The premisses of an Instrument is the former part thereof, and is commonly said to be all that which preceadeth the Habendum or limitation of the estate.

In the premisses of Instruments are principally to be considered three things.

The first, the person contracting, next the thing, matter, or facte whereof the contract is to be made, and then the wordes with which the said contract is to bee described.

The persons are the very efficient causes of the Instruments, by whose consent they are agreed vpon and made.

And the persons to Instruments be either actiue or passiue.

The actiue person in Instrumēts is he which maketh the Instruments, or which giueth, feoffeth, releaseth, confirmeth, granteth, sealeth, lendeth, deliuereth, letteth, departeth with, couenauteth, or promiseth any thing: or shortly hee which maketh any contract or bargaine, to, or with any other, and is named according to the contract: As the donor, feoffor, lessor, obligor, releasor, grantor, confirmor, seller, lender, bargainer, &c.

The passiue person in Instruments, is he, vnto whom the Instruments be made, and which taketh thereby, who is likewise diuersly named, according to the seuerall natures of the contracts, to or with them made.

In the persons 2. things are to be heeded: The capacities: & nams.

Touching capacitie, consideration is to be had, that the actiue persons which should make any deedes be persons able to do it: namely, that they be void of all impediments, either natural or ciuil: of which we haue intreated before amongst contracts.

And the passiue persons bee such as bee capable of thinges which should be giuen or transferred vnto them, and voide of the like impediments, and not dead persons in law, as Monkes, Friers, Nunnes, and such superstitious votaries.

¶ Of the names and Additions of persons.

ANd touching the names or Additions of the parties to Instruments, Sect. 49. it is requisite, y^• they be certainly named by their names [Page] of baptisme & surnames, with a lawful & sufficient additions of place, estate, degree, misterie, or occupation, to distinguish them from all other persons of like name, whether such person bee King, Prince, Duke, Marquesse, Earle, Vicount, Baron or Lorde, which be names of great Nobilitie and honor: Or he be a Knight, Esquire, or Gen [...], which for difference are termed names of lesse Nobilitie or honor: Or he be a ye oman, husbandman, artificer, or laborer: Or else if it be any Ecclesiasticall person, as Archbishop, Bishop, Archdeacō, Deane, Parson, Vicar, Clerke, &c. Or if it be any Corporation, or body ciuill or politique, hauing Couent & common seale, as Bailife, & Burgesses, Maior & Communaltie, or other brotherhood, &c. And for the anoyding yf confusion & error, thus: Sciant &c. quod ego W. W. de R. in com̄ E. gen̄, dedi, &c. T. N. de R. in eodem comitatu Tailor &c. and such like.

¶ Of the matters and things or facts whereof Instruments be made.

ANd as concerning the matters, things & facts whereof Instrumēts Sect. 50. are to be described, are also to be cōsidered 2. things: First the things or facts themselues, & then their necessary circumstances.

And as for the things themselues, it is to be weighed, whether the very bodies of the things themselues be to be cōtracted for, as lands or goods &c. or the rights pertaining to the persons in the vse of y^• bodies of things: as wares, vse, fruits, & profits, which we take therby. And in things is to be noted whether they be corporal or incorporal.

Corporall thinges are such as of their owne nature may bee felt or seene, and they be either moueable or immoueable. Things moueable are those which may bee remooued out of one place into another: as garments, fruits of the earth, beasts, rents, &c.

Things immoueable bee such things as cannot bee remoued from place to place, which be therefore called things of the soile or ground, as the very groci [...] it selfe, and things fixed to the same, which cannot be remoued without the destruction thereof, as trees planted therein, houses thereupon builded, &c.

Thinges incorporal be such as by their own nature can neither be seene nor fealt, & are comprehended only by vnderstanding, & therfore can neither bee [...] nor deuided, as property, possession, inheritance, seruice, aduowsons of Churches, wardships, the vse and fruitiō of things ciuill, obligations, contracts, alienations, and at a word all rights aswell to haue the very things themselues, or the vse thereof: as libertie to goe through another mans soyle, common of pasture, way, libertie to hawke, hunt, or fi [...]h, &c. notwithstanding that the [Page] subiects whereunto they be annexed are corporale as the so [...] incorporall, yet the right to injoy or inherite the same incorporall.

Which things being throughly surueied, the writer must haue speciall regard, what maner of thing is to be contracted for [...] whether it be honor, castle, manor, house, land, meadow, pasture, farme, parsonage, aduowson, office, park, pond, warren [...] wardships, mariages, waies, common, or other things whatsoeuer, setting them downe by their apt & vsuall names, if they haue any, or by such other accidents & circumstances, as may certainly describs, and distinguish them from all other, as the Towne, Hamlet, and Countie where the thing lyeth, hutting it at thendes, and binding [...]t at the sides (if neede be) and expressing in whose occupation it is be hath bin, who was thauncient, owner thereof &c. As vnum masi [...] cum pertin̄ in S. in com̄ C. vocat̄ Cowhal iacen̄ inter ten̄t̄ I. S. ex pte Boreali, & ten̄tū T. S. ex parte australi, & abuttat ad orient̄ caput su ꝑ ten̄tum D. D. & ad occident̄ caput su ꝑ ten̄tū L. T. que nu ꝑ ꝑquisnui mihi, & hered' meis de N. N. & nūc sunt vel nu ꝑ fuor̄ in occupatione S. T. vel assignator̄ suorū &c. expressing all things certainly with apt significant wards, & therin eschewing all Metaphorical, figurati [...]e, & borowed speeches, & all words of diuers or doubtfull significations.

¶ What woords are to be vsed in the making of Instruments.

SVch words must be vsed in euery Instrument, as the nature of the Sect. 51. contract doth require: As in Feoffements, feoffe [...] or co [...] cessi, &c. In a Release, Romisi, or [...] Confirmaui, Ratificani, &c. In bargaine and sale, Bargainani & vendidi &c. So of other in the premisses, and like, with such words as be requisite, & are expressed in thother partes of deedes.

¶ Of the consequence of Deedes.

THus much touching the premisses or first part of Instruments, Sect. 52. Now let vs enter into consideration of the subsequence or sequele thereof. The latter part of Instruments, and consequence thereof is all that necessarily followeth the premisses, and that is the Habendum, in which is limitted and [...]essed what estate or propertie the party passiue shall haue: as f [...]e▪ saile, &c.

And that is two fold, namely the limitation of the state & of [...].

The limitation of the estate is to limit and expresse in certaine, what estate the partie shall haue in the thing contracted.

The limitation of thuse is to expresse in the said Habend, to or for whose vse & benefit he shall haue the same estate, r [...]iting with all the thing granted by some sufficiēt general name: as H [...]bēd & teneodi [Page] praed' maner̄ imperpet̄ (if a man [...] [...] be graunted [...] the premisses) p̄d mesuag' cum ꝑtin̄ or ten̄ta praed' cum ꝑtin̄, as the case requireth p̄f. I. S. & haered' & assign̄ suis imperpet̄, ad opus & vsum praed' I. S. haered' & assignator̄ snor̄ imperpet̄.

¶ Of the adiuncts or accīdents of Instruments.

THus are the essentiall parts of Instruments discussed, The adiuncts Sect. 53. now come in place.

Wherein are all those thinges which come to the Instruments beside the essentiall parts thereof, which likewise be of two sorts: for either they be adiuncts common to either of the said parties, or proper to the one part onely.

Adiuncts common are two, the date of deeds, and the consideration of the contract.

¶ Of the date of deedes.

THe date is the description of the time in which y^e deed was made Sect. 54. which is done either by y^• yere of our L. or y^• yere of the Princes raign, & it ought eyther to be placed in y^• beginning of the premisses, or in the end of consequence, of which see examples therof ensuing.

¶ Of the cause of considerations of deedes.

THe considerations of Instrumēts is the motiue cause, for which Sect. 55. the Instruments are made, as money or other goods, affection naturall or such like, which is most commonly, & in my conceit most ap [...]ly expressed in the premisses, and which neuerthelesse may be put in the consequence, and in many cases be omitted. Of both examples hereof are many in the second booke.

¶ Of Adiuncts proper to the consequence of Instruments.

A Diuncts of y^• consequence of Instruments are such as are most Sect. 56. cōmonly set down after y^• Habend'. And they be of diuers sorts.

As the reseruatiō, Reddend', if any rent, suit or seruice be reserued.

The reenere.

The nomine penae.

The clause of distresse.

The tenend' shewing y^e land is holden touching things inheritable.

The clause of warranty generall or speciall or particuler.

The exceptions out of whole things.

The conditions and prouisoes.

All couenants are to be made of either side according to euery seuerall contract.

As to be saued harmeles or discharged, to be [...]ised in fe [...] &c.

To haue power to sell.

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To be owner of the tenements or chattelsfold.

To make further assurance.

To be seised to the alieuees vse.

For quiet inioying &c.

And euery other necessary couenant according to the nature and quality of the thing or fact, whereof the contract is made, & the maner of the contracts made. Regarding heedfully all circumstances of the place, person, occasion, thing, maner of doing, cause, exception, condition, according to the true meaning and agreement of the parties curiously without preiudice, parciality or fauour to either of them.

Then followeth the drawing of such Instruments in forme after some presidēt ensuing, as the quality of the fact or contract exacteth: whether it be a feoffement, grant, release &c. or any other Instrumēt.

Then must such first draught be circumspectly examined, perused, concluded and agreed vpon by the parties or their counsell.

When such draught is so agreed vpon, then it is to be faire writtē & ingrossed in paper or parchment, without blotting, rasing, enterlining, writing euery word plainely at length, without any abbreuiations, ciphers, signs, or notes, which may breed any scruple or doubt.

Then must they be warily & precisely read ouer, & examined twise or thrise at the least, lest any thing be inserted, detracted, omitted, altered or mistaken, differing from the parties good meaning.

For Instruments once sealed and deliuered, may bee altered or amended in nothing.

All thinges being thus dispatched, the Instruments are to bee subscribed by the parties.

And by them sealed with hard ware like to continue long.

And when Instruments are sealed and subscribed, they must bee openly read and published in the hearing of diuers substantial credible witnesses, and afterwards deliuered in their presence, as the acts and deeds of the parties.

These things so finished, the sealing & deliuerie of such deeds must be certified vpon the backe side thereof, or in some other conuenient place thereof, thus: Sealed and deliuered in the presence of A. B. C. D. E. F. &c. And chuse alwaies such young witnesses which can subscribe their owne names if you can getthem.

Deeds in old time were wont to be deliuered in the presence of men of greatest credit & worship that could be gotten. And many times in open Courts, or great [...]emblies of people for credit and proofe.

The end of the first Booke.

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The first part of Symboleography containing Instruments Extraiudicial, Agreements, Coue nants, Contracts, Grants, &c.

ALthough by order wee learne howe to doe things, & then put the same in practise, yet the very actions themselues are worthily deemed farre more excellent and honorable then the bare knowledge thereof: by so much as the ende is more precious then all the meanes by which the same is attained.

For as in Schooles in vaine should children spend their time in learning the rules of Grammer, touching either the Etimology or Syntaxis thereof, if they did not after apply their knowledge to the vse of speaking and writing.

And as Phisitions should vnprofitably store themselues with the vnderstanding of the seuerall natures and properties of herbes and rootes, and other simples, or of the Art of Phisicke, if they did not shew vs, the vse and fruit thereof in curing diseases, and restoring health: So doubtles the doctrine of all other Artes and Sciences, is idle and barren if vse and practise be not therewith conioyned. And therefore we alwayes accompt those things which are wrought by art, of farre more passing excellencie then we doe the Art it selfe.

Neither doth any doubt that it is harder to practise an Art, then onely to learne the Theorike part thereof: For neither they which know the seuerall kindes and measures of verses, with the lawes of versifying, are thereby straight wayes Poets: Nor they which haue learned by hart al the tropes figures and precepts of Rhetorike, are by and by Orators: for to their knowledge they must needs couple long vse and exercise before they win the names of perfect Poets, or eloquent Orators.

Euen so, it sufficeth not for a notarie to know onely what Instruments & contracts be, what things and acts they may be made of, & by what persons, with such other general notiōs. For ere he be worthy that name, he must throughly know the seueral tenors & forms of euery speciall instrument, in each kind of contract & busines.

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Wherefore as heretofore I haue generally in some measure laide downe the doctrine of Instruments: so in these which follow, I intend to shew certaine formes of cuerie kinde of Instruments, as they haue heretofore long time beene vsed, & approued by learned men of great experience: from whose sound examples therein, I thinke it not good rashly to swarue, because it is a farre suerer course, to retaine those certaine formes which continually haue bin many yeres put in vre, then to deuise new: For that, time, who is the touchstone of all Arts, hath confirmed these.

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SYMBOLEOGRAPHY. Of Couenants, Articles, Promises, Contracts, and Agreements &c.

ANd for so much as Couenants are inserted Sect. 57. into all maner of instruments, I thinke it good first to shewe examples thereof hauing defined what maner of instruments they be: an Instrument of Couenants therefore is a formall deede conteining an agreement of diuers persons, whereby the one doth promise or couenant with the other to do or omit some act or acts, thing or things in such sorte as they haue concluded thereof amongst themselues, & they are most commonly made with these words following, or the like in effect.

¶ The wordes wherewith couenants be made or written.

THis Indenture made &c. between A. B. of C. &c. on the one party, Sect. 58. & C. D. of &c. on the other party, Witnesseth that the said A. B. for himselfe, his heires, executors, and administrators and euery of them doth by these presents couenant, grant, promise and agree to & with the said C. D. his heires, executors and administrators &c. and euery of them that the said A. B. expressing the thing agreed vpon by apt wordes.

¶ Or thus betweene two & two.

Witnesseth that the said A. B. and C. D. do by these presents for themselues and either of them and the heires, executors and administrators of them and either of them, and euery of them couenant, graunt, promise, and agree, to, and with the said E. F. and G. H. and either of them and the heires, executors and administrators of them and of either of them, and euery of them, that they the said A. B. and C. D. &c.

¶ Or thus betweene three and three.

Witnesseth that the said A B. C. D. and E. F. for themselues and euery of them and the heires, executors, and administrators of them & euery of them do by these presents couenāt, grant, promise & agree to and with the said G. H. I. K. & L. M. & euery of them & the heires, executors and administrators of them and euery of them, that if it happen &c.

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¶ Couenants betweene Executors where the one granteth the goods to the other being bound to performe the will.

THis Indenture made &c. betweene R. S. & H. M. &c. Witnesseth Sect 59. that whereas T. S. now deceased late brother of the said R in his life time did make his last will & testament in writing, & therein made and ordeined the said R. & I. then wife of the said T. and now wife of the said H. executors thereof, as by the said testament & last will appeareth. And where also the said H. & I. haue & enioy not only all such goods and chattels which the said T. did giue and bequeath vnto the said I. but also all plate, money, & all other goods & chattels which were of the said T. S. at the time of his decease: the said parties to these present Indentures bin condiscended and agreed in maner and forme following: that is to say, The said H. M. for him his executors and administrators, & euery of them doth couenant &c. to and with the said R. S. his executors and administrators and euery of them by these presents, that he the said H. and I. his wife, or one of them, or y^t executors, administrators or assignes of them, or of one of them, shall and will content and pay or cause to be paied vnto the said R. S. his executors, or administrators, or to the executors of the suruiuor of the said executors fortie poūds of &c. within 6. moneths next after the ful age of G. and H. S. sonnes of the said T. S. or of either of them if they or either of them shall so long liue, or else within one yeare next after the decease of the suruiuour of them the said G. and H. if both the said G. & H. S. shall die before either of them shall come to, & be of his said full age. Prouided alwaies and the said H. M. for him &c. doth couenant &c. that if the same I. now wife of the said H. M. shall depart this present life before the said G. and H. S. or either of them shall come and be of his said full age, and the said G. & H. S. or either of them suruiuing the said I. That then the said H. M. his heires &c. shall content & pay, or cause to be contented & paid vnto y^• said R. S. his executors or administrators or to the executors of the suruiuor of the executors of the same R. S. the summe of xx. l. &c. within one yere next after such decease of the same I. And ouer this the said H. M. for him &c. doth couenant &c. that he the said H. M. & I. his wife & their exe [...] ̄, adm̄ and assigns, & euery of them, of his, her, and their proper costs and charges, during the mariage betwixt him the said H. and the said I. shall well and sufficiently sustaine, and maintaine the houses & buildings which be set and builded vpon such customary lands & tenements in W. in the said county of N. which the said H. M. & I. in the right of the said I. now haue and do hold for [Page] terme of life of y^• said I. And that he the said H. M. & I. nor either of them shall do no maner of wast in or vpon the said customarie landes and tenements, or any parcell thereof. And also where the said H. M. together with I. B. of S. & I. D. of W. by their writing obligatory do standiointly & seuerally bound vnto the said R. S. in one hundred pounds of good &c. with & vpon condition therupon indorsed for the true performance of the couenants, grants, paiments, and agreements contained in these present Indentures on the part of the said H. M. his heires, executors, administrators, & assignes, or any of them to be performed, paied, or kept, as by the said writing obligatorie, and condition aforesaid more plainely it doth and may appeare: The said H. M. for him &c. doth couenant &c. to & with the said R. S. &c. that if an [...]e two of the persons bound in or by the said writing obligatory, or any two of any other persons hereafter to be bound, in, or by anie other writing obligatorie to be made for the same purpose, shall die & depart this present life before all the couenants, graunts, articles, payments, and agreements, in these present Indentnres contained, shalbe well and truely performed and kept, that then the suruiuor of the persons bound by any such writing obligatorie shall with two other sufficient suerties within two yeares next after such departure or death as is last aforesaide, by their sufficient and lawfull writing obligatorie become iointly & seuerally bound to the said R. S. his executors or administrators, or to y^• executors of the suruiuor of the executors of the said R. S. in the summe of &c. with and vpon condition in effect as is aforesaid, and so often to find and lay in such bonds with such sureties as is aforesaid, as any such death or deaths, as is aforesaid, shall happen, as is afore declared, during the said time. And ouer this the said R. S. for him, &c. doth couenant to and with the said H. M. &c. that he the said R. S. his &c. shall acquite, discharge, & from time to time for euer saue harmlesse the said H. M. & I his wife, and either of them, & all the executors, administrators, & assignes of them & either of them against the said G. C. & H. S. & either of them of all and singuler legacies, gifts, & bequests which the said T. their father did by his last will and testament giue and bequeath to the same G. C. and H. S. and either of them. In witnesse whereof &c.

¶ Couenants to sue Statutes.

THis Indenture made &c. between R. D. & W. M. on thone partty, Sect. 60. & R. B. &c. on thother partie. Witnesseth, That wheras y^• said R. is lawfully entitled to a certaine deede obligatorie, made by the [Page] said W. M. according to the statute of Acton Burnel, & knowledged, &c. before H. A. then Maior of the city of C. vnto P. D. in the summe of &c. commonly called a statute marchant: by meane wherof, the said W. M. at this day, is, & for a long time hath bin grieued. For y^• better helpe & ease wherof, & for diuers other considerations, y^• said parties & euery of them mouing, they are condiscended & agreed, in maner & forme following, that is to wit. The said W. & R. & either of them are wel pleased, contented, & agreed, & further couenant & grant, to, & with the said R. that what time it shall please the said R. & as oft, and at all & euery time and times, as he shall so please, and when he shall thinke it most to him conuenient to sue forth execution, vpon the said statute marchant, and to doe his best, & vttermost endeuor, for the obtaining of the same, & also to extend al & singuler y^• lands & tenemēts which were the said W. M. at the time of the making of y^• said statut Marchant, or at any time sithence, as far foorth, and in as ample maner & wise, as the lawes, vsages & customes of this realme, wil beare & permit, that the said W. & R. nor any of them, shall not in any wise hinder, let, or gainsay the same. And y^• said R. couenanteth &c. y^• [...]e the said. R. shal vpon the same execution sued, further vse, do, extēd & shew al such fauor, vnto y^• said W. in respect of y^• imprisomn̄t of his person, as he lawfully may, & as by the same R. & W. or their learned counsel, or y^• learned counsel of either of them shalbe deuised or aduised, so y^• the same be not hurtful nor preiudicial to y^• said execution, nor may be deemed nor cōstrued a good & sufficient matter, to auoid & frustrat y^• same. And further the said R. doth &c. that he shal & wil frō time to time, & at all & euery time & times, as he shalbe reasonably required, by the said R. his &c. & after that he the said R. hath extended or caused to be extended, such lāds, &c. or any part or parcel therof, as at the time of y^• knowledging of y^• said Stat. or at any time sithence, were y^• inheritance of the said W. and now be the lands and tenem̄ts of the said R. & in his seisin and possession, giue, grant, &c. all and euerie the said lands &c. vnto the said R. & his &c. to haue & to hold thē during al such terme & time as y^• said R. should haue by the lawes, statuts, vsages, & customs of this realme in the premisses by force of the said stat. & extent, & to do, suffer, & make, seale & deliuer all such assurances in the law, for that purpose, as shalbe deuised or aduised by the saide R. or his assignes, or his or their learned counsell, at his or their proper costs &c. in y^• law. And also y^• said R. doth couenant &c. y^• afterwards he y^• said R. by vertue of the statute aforesaid, shal haue such lands &c. in execution, which at the foresaid time of the knowledging of y^• said [Page] statute marchant were thinheritance of the said W. M. set, lying, or being in W. in &c. To haue & to hold to the said R. & his assignes, during all such terme & time, as the said R, shalbe lawfully intituled by the said executiō, to haue the same: & also the said R. doth couenant &c. that he, nor they shal do no act nor actes, thing or things, to auoid or frustrate the foresaid graunts & assignments, or any of them to be made vnto the said R. and his assignes, of the premisses in maner and forme aforesaid, after that the same be had & made, to the said R. & to his assigns, as is aforesaid: And the said W. & R. in cōsideratiō of the fauor which the said R. hath in these indentures couenanted to shew, do, vse and extend, vnto the said W. as afore appeareth: And also in consideratiō of the said grant to be made vnto the said R. as likewise is afore expressed, whereby the said W. shalbe defended from sundry damages, the said W. and R. and euery of thē, couenant &c. to pay to the said R. his executors or assigns the sum &c. in maner & forme following: viz xx. marks by yere, yerely, by the space of v. yeeres next ensuing at it. termes in the yere, to be nominated and appointed by the said R. and x. l. the next yere immediatly following the said v. yeeres, at ii. terms as aforesaid. And the said W. & R. do couenāt that he the said R. for the true & good paimēt of the said summe of &c. to be contēted & paid, as aforesaid, shall & will charge all & singuler his lands and tenements, which he hath in the said county of C. and to do all, and euery act and actes, thing and thinges, for and to that purpose, conuenient and appertaining, from time to time, as shall be deuised, or aduised, by the said R. or his learned councell, at the proper costes and charges in the law of the said R. And also the said W. and R. do couenant and grant, for them, and euery of them, to and with the said R. from time to time, to beare and pay, the moitie & one halfe, of the charges in the law, which the said R. shalbe put to in the suing forth of the said execution, & extent. And also the said W. and R. doe couenant &c. that the said R. at the request of the said R. shalbe of counsell with him, in the suing forth of the said execution and extent, and labor and trauell with him in the same, as appertaineth to a Counsellor. And the said R. doth couenant &c. to enlarge, and discharge the said W. out of prison, where he now remaineth, at the request of the said W. and R. or either of them. And for the full and true accomplishment of all and singuler couenants, grants, agreements, and articles mentioned in these indentures, euery party couenanteth to other to stand bound in their seuerall deedes Obligatory in the summe of &c. bearing date with these presents. In witnesse whereof &c.

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¶ Couenants to discharge Executors and procure release.

THis Indēture made &c. Betweene I. S. on thone party, & C. B. Sect. 61. late wife of T. B. deceased, & executeir of the last will and testament of the same R. B. of thother party, Witnesseth. That where the said R. B. was in his life time put in trust, as one of the feoffees of I. S. esquire deceased, to leuie & receiue the profite of certain lāds and tenements to the same feoffees assured, for certaine summes of money, to the vse, & for the preferment of the mariage of E. O. I. E. and A. S. fiue of the daughters of I. S. & by vertue thereof hath receiued and leuied, the summe of &c. & hath in, and out of the same disbursed &c. to the vse of the said seuerall daughters, as in a scedule annexed to these presents appeareth, & so had remaining in his hands, at the time of his death, and wherewith the said C, as executour, to the said R. B. resteth chargeable and answerable to the said seuerall daughters in the summe of &c. And wheras the said I. S. brother to the said M. E. A. & I. as he affirmeth, hath disbursed & paid for the preferment of the mariage of the said I. lately maried to T. H. the summe of &c. & is to receiue the same againe of her portion, and therby claimeth and demaundeth of the said C. B. the said summe of &c. and which the said C. B. vpon reasonable discharge, is agreed to pay the said I. S. doth first by these presents, not onely confessing and acknowledging, that the day of thinsealing of the same, he hath receiued and had of the said C. B. the summe of &c. to the vse of the said I. his sister, or such other his sisters, as the same of right is due vnto, and thereof, and of euery part thereof, doth acquite and discharge the said C. B. her executors & administrators, but also doth confesse and acknowledge, that he hath taken and receiued of the said C. B. a full and perfect accōpt of al the receipts of the said R. B. and al that they disbursed, & vpon the same iustly & truely made, as in the said scedule annexed appeareth, acknowledgeth the said summe of &c. & no more remaining in the hands of the said C. B. as executeir of the last will and testament of the said R. B. And the said I. S. doth further couenant & grant for him, his executors, & administrators by these presents, that the said I. R. his executors, administrators, or assignes, shall not onely discharge, defend, and saue harmelesse the said C. B. her &c. aswel against the said M. I. E. & A. and euery such person and persons, as now hath, or hereafter shall marrie any of them, their, and euery of their executors & administrators, as also against Sir V. B. knight, and the executors of H. L. Alderman deceased, and others the feoffees of the same I. S. deceased, of, and from all suits & demands, [Page] and all charges thereby to be susteined, which shalbe prosecuted against her, as executeir of the said R. B. dece [...]sed, for and concerning the hauing & receiuing of the said summe of &c. or any part or parcell therof, but also shall procure to be sealed & deliuered to the said C. B. within one yere next ensuing the date thereof, a lawfull & sufficient generall acquitance from al and euery such person & persons, as lawfully can, could, or might claime, aske, or demaund, any part or par [...]ell of the said summe of &c. by the said R. B. as is aforesaid receiued, and by her to the said I. S. paid, In witnesse whereof, &c.

¶ Couenants to prosecute suite.

THis Indenture &c. Betweene I. B. and I. M. of &c. and G. R. on Sect. 62. the other partie. Witnesseth that whereas about the xxx. yere of the Queenes Maiesties raigne that now is, a certaine offence, piracie or robberie was committed vpon the Seas vpon the goods and marchandise of one M. M. & W. D. in the good ship called the Magdalen by diuers persons, whereof certaine for the same offence were executed, & certeine yet remaine & stand indicted as by the Record of the Court of &c. more at large doth appeare. Now therefore it is couenāted & agreed between the said parties to these presents, in maner and forme following. That is to say, the said I. B. for him &c. couenāteth, that he the said I. B. from time to time vpon the request of the said I. M. shal not only by the authoritie and power to him made by the said M. M. & W. D. or otherwise, attach, imprison & prosecute in due order of law as the said I. M. shall direct him, all and euery the person & persons, or any of them which stand indicted for the said offence, & all & euery offender & offenders touching the Piracie, & their accessories and euery of them: but also shalbe aiding, assisting, councelling & helping the said I. M. in all and euery act, thing, and deuise that the said I. M. shall lawfully go about to do, perpetrate or execute, about, touching, or cōcerning the said premisses, or any of them, and that the said I. B. his executors or assignes shall not at any time hereafter release or otherwise discharge any of the persons stā ding indicted for the same offence, or any accessorie to the said offendors, nor any offendor or offendors which was at the said robberie, nor do perpetrate or commit, or willingly suffer any thing or things to be done touching the premisses or any of them, or any matter, action, agreement, or other thing touching the premisses, or the persons indicted for the premisses, or others, concerning the said offence, without the consent, will & agreement of the said I. M. & G. R. their [Page] executors, administrators or assignes first had and obtained in writing, vnder their hands & seales for the same. And moreouer if it so be that any agreement shalbe had for the premisses or any of them or otherwise howsoeuer by meanes or colour of thoffence aforesaide: that the recōpence, summe or summes of mouey, or other thing vpon such agreement paid and receiued, shalbe deuided in iii. equall parts, wherof one part therof the said I. B. shal keep & detaine in his owne hands for his owne part thereof. The second part thereof he the said I. B. his executors, or administrators shall pay to the said I. M. his executors &c. within iii. daies after the receit thereof in the church of B. &c. And the iii. part therof the said I. B. shal pay to y^• said G. R. &c

In consideration of all which premisses the said I. M. for him &c. couenanteth &c. to & with the said I. B. his executors and assignes by these presents that he the said I. M. his &c. shall beare & discharge all costes, charges & expences that shall hereafter be disbursed, payed or expended in or about the prosecuting of the premisses or any of them a [...] all and euery such time and times, as the same shalbe disbursed & paied from time to time. In witnesse &c.

¶ Couenants to surrender copihold lands.

THis Indenture made betweene T. M. R. S. &c. Witnesseth, that Sect. 63. the said T. M. in cōsideratiō of Cxx. l. &c. doth for himself &c. couenant &c. that he the said T. or his heires before the feast of E. next ensuing the date hereof shall & will, according to the custome of the manor of S. in the said countie of Y. surrender into the hands of the Lord of the said manor al those copihold lands, tenemēts, medowes, pastures and hereditaments within the Soke of E. aforesaid, now or lately in the seuerall tenures or occupations of R. L. H. M. R. B. & D. C. or of any of them, or of the assignes of them or of any of them, which now be or heretofore haue bin the landes &c. of the said T. M. or of I. M. his late father deceased, to the vse & behoofe of the said R. S. his heires & assignes for euer, according to the custome of the said manor of S. And that he the said T. M. & his heires shall & will at all and euery time & times hereafter well and sufficiently do, make, knowledge, finish and execute, and cause and suffer to be done, made, knowledged, finished and executed all and euery such further reasonable act and acts, thing and things, deuise and deuises, cōuciance & conueiances, surrender and surrenders, assurance and assurances in the lawe of the said tenements and premisses with the appurtenances for the absolute good and perfect assurance and conueiance of all [Page] the said [...]ments & premisses with [...] to the said R. his heirs & assignes for euer, according to the said custome of the said manor of S. without any mauer of condition thereunto annexed, as shal be deuised, aduised or required by the said R. S. his heires or assignes, or by his or their or any of their Councel learned in the lawes of this Realme &c.

Hereunto may be added such other couenants for the deliuering of copies, and being seised in fee, according to the custome, and for quiet enioying, and sauing harmelesse of incumbrances &c. as bin vsed in the sale of charter lande Mutatis mutandis: or in the conditions or obligations for like purpose &c.

¶ Couenants touching the assignments of Executorship. Sect. 64.

THis Indenture &c. betweene W. C. &c. executor of the last will & testament of S. I. G. deceased, of the one partie, & T. C. of the other party: Witnesseth, that wher the said S. I. G. did by his last will & testament, bearing date &c. make, constitute, ordaine & appoint the said W. C. his sole executor of his said last will & testament, now the said W. C. for diuers good causes & considerations him specially moning, hath giuen &c. vnto the said T. C. his executors and assignes, al & singuler the goods, cattels, leases, implements, & vtensils of houshold, debts, duties, and credits, which were to the saide I. G, at the time of his death, other then such goods, cattels, and implements of houshold stuffe onely to the value of &c. as bin assigned, and appointed to dame A. G. late wife of the said I. G. in satisfaction of &c. to her couenanted to bee paide. And also other then all such goods, cattels, and debtes, and other things, of the said Testator, as the said W. C. hath heeretofore administred, extinguished, and released being contained in a scedule Indented, hereunto annexed. To haue & to hold &c. (except before excepted) to the said T. C. his executors & assignes, in as large & ample maner and forme, as he the said W. C. the day of the date of these presents, hath or by any lawfull waies or meanes might or ought to haue the same. And the said W. C. doth also by these presents graunt and authorise as much as in him lyeth, and doth constitute, make, ordaine and appoint, the said T. C. to bee his true and lawfull atturney, to arrest, sue & implede vpon iust cause, & to defend & answere in lawful wise, in the name of the said W. C. or any his executors or administrators, all & all maner of iust & lawfull actions, sutes, prosecutions & demaunds, that at any time hereafter shalbe brought & commenced in the name of the said W. C. or any his [Page] [...] [Page] [...] [Page] executors, either by the mean [...]s of the said T. C. his executors or assignes, or against the said W. C. as executors of the said S. I. or any his executors or administrators for any matter or cause, in any wise touching or concerning the said W. C. by reason of the executorship of the said S. I. or by reason of the said last will or testament, or any thing therein contained without the voluntarie reuocation, nonsuit or deniall of the said W. C. or any his executors or administrators & without any accompt yeelding vnto the said W. C. his executors or administrators or to any of them, for the same, at any time. And further the saide W. C. doth couenant &c. that the said W. C. his executors &c. or any of them, shall not at any time heereafter release, acquite & discharge any person, for any dett, or dutie, due to the said S. I. except he or they be inforced, ordered, or adiudged by any sentence, iudgement, order or decree, to bee had or made by any Court in this realme ecclesiasticall, or temporall, nor wittingly or willingly shal do any other or further act, or thing, in any wise touching or concerning therecution of the said last will & testament, or any parte thereof, of the re [...]cation of these presents, without thassent, aduise or consent of the saide T. C. his executors or administrators. And the said T. C. for the considerations afore in these present Indentures specified for himselfe &c. that the said T. C. his executors &c. shal & wil, at al time & times hereafter, sufficiently acquit, discharge, or vpon knowledge giuen, saue harmlesse the said W. C. his heires, & executors, of & from all maner of actions, suits, & demands, whatsoeuer it be, by reason of the said last will & testament, or by colour or cause of any administration, medling, or dealing, of, or with the said goods, chattels, or other things of the said Testator, or by reason of any action or suit, to be had & prosecuted, in y^• name of the said W. C or his executors, by the meanes or procurement of the said T. C. his &c. or by reason of any other action or suit to be had & stirred against the said W. C. or his executors, as executors of the said S. I. shall at any time hereafter, by any waies or meanes, happen to come, arise, or to be cōmenced or prosecuted against the said W. or his executors touching or concerning the same, or els at the least within one moneth next after knowledge had by the said T. his executors or administrators, of any trouble or suit hereafter happening to the said W. C. his executors or assignes, by reason, or occasion of any the said executorship, administration or causes abouesaid, shall recompence and allow him such charges as he shall fortune or necessarily bee occasioned to sustaine & to be at, by reason of the said suit or suits, or causes [Page] abouesaid, Any article or thing in these presents mentioned to the cō trary notwithstanding: And the said T. C. for him &c. doth couenant &c. That he the said T. C. his executors or assignes shall & will, at all times hereafter, pay or discharge al legacies, & all other things specified & contained in the last wil & testament according to the true intēt & meaning therof, other then the legacy of the said W. C. & the legacy of I. G. second sonne of the said sir I. G. In witnesse &c.

¶ Couenants for speedy triall and quiet and indifferent occupation in the meane time.

THis Indenture made &c. Witnesseth that whereas heretofore diuers Sect. 65. cōtrouersies, suits & troubles haue risen & yet be betwixt y^• said parties, of, about & concerning one farme lying and being in H. within the township of A. in the Countie of D. in the tenure & occupatiō of the said T. R. To which farme the said F. R. maketh claime & pretendeth title & right: To thintent that the foresaid pretēded title & right, in, & to the foresaid farme may quietly be tried betwixt y^• said parties in some of the Q. Courts according to the lawes of this realme with as much speede as the law will the same permit & suffer without any delay to be sought or had by either of the said parties, & to the end that fauor, friendship and neighborly loue might be in the meane time continued betweene the said parties, their seruants & families, & that all vnlawfull & forcible attempts, entries, & breaches of the Q. peace may be esehewed, & al other enormities & harms that therupon might grow & come, escaped: It is couenanted &c. & either of them for himselfe, &c. doth couenant &c. that all the hay that is or shalbe gotten, in, & vpon the said farme in this next hay haruest, shall be mowed, made and inned at the indifferent costs & charges of both the said parties and by their mutuall consents, agreemēts & cōmaundemēts laid in some one conuenient place for the preseruation of the same within the said farme without all couin and deceit, And that all the said hay so inned & placed (as is aforesaid) shall there remaine indifferently and safely kept vnoccupied by either of the said parties, their &c. vntil such time as the said pretēded title & right be throughly & lawfully tried & knowen betwixt the said parties, their &c. and then the said hay to be deliuered to him or them, their &c. according to their seueral rights therein without al couin. And also that they the said parties shall and may occupie and eat all the grasse growing, in, and vpon the said farme, with their beastes and cattell together in common and vndeuided without any disturbance or let had or made by thone of them to the other of them, and without any disturbance [Page] or let to be made by theirs &c. of thone of thē to theirs &c. of thother of them, vntil the said pretēded right & title vnto the said farme, shall be fully & lawfully discussed, tried & knowē betwixt the said parties, their &c. according to the lawes of this realme. And then & after the said title & rightfully & lawfully tried and ended by the lawes of this realme, that it shal & may be lawful to & for the said parties, or either of them their heires or assignes, to haue &c. the said farme, with the appurtenances to them their heires or assignes or theirs or assignes of them or either of them for euer, according to his or their right & title so to be tried & found, without any further suit or trouble. And also that this agreemēt nor the indifferent possessiō of the said farme to be occupied as is before expressed, shall not at any time hereafter be preiudiciall or hurt full to either of the said parties their heires or assignes, touching or concerning the trials of their titles & rights, or the title, right & possession of either of thē, nor that the one shall take or seeke any aduātage in the law thereby against the other. But that either of them shall & may haue & take like aduantage in the lawe of this land, thone against the other, in as ample & large maner and in none otherwise or maner, then as though there had neuer beene any such order or agreemēt or occupatiō of the said farmes made or takē between the said parties, their heires or assignes: any thing in this present Indenture to the contrary notwithstanding. And also that the said T. R. & F. R. & either of them, their heires and assignes shall further & haste with as much speed as in them or either of them is & may be done, had & suffered by the law of this Realme, all and euery such actiō, suit or complaint, as is or shalbe cōmenced and begun between them, their heires or assignes, for the speedier & better triall of the said pretēded right, title, or possession of the said farme, all delaies in the said suit, action or complaint set apart. And also that some one action shalbe agreed vpon between the said T. R. & F. R. wherin the said F. shal be plaintife or demandant, by thaduise of both their learned counsel in the law, where by the said pretended right & title to the said farme may be best & most speedily tried & found out, according to the lawes of this Realme, without al couin. And that the said T. R. & F. R. shall behaue themselues friendly & louingly thone toward the other by & during al the time of the said trial, according to the lawes of God, & this realme. And that for the better performance & fulfilling of al & singuler couenants, grants & agreemēts contained & specified within these presēt Indētures, according to the true meaning therof, either party shalbe bound to other in the summe of 400. l. of lawful English money. In witnesse &c.

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¶ Couenants to make assurance.

THis Indenture made &c. witnesseth, that the said C. for & in consideratiō Sect. 66. of &c. doth for himself &c. couenāt &c. that he the said C. & his heires & M. now his wife & euery of them at all & euery time & times hereafter &c. shall & will do, make, knowledge, finish & execute all & euery reasonable act & acts, thing & things, conuetance & cōueyances, assurāce & assurāces in the law for the good & perfect assurāce, surety, sure making & conueiance of al & singuler these mesuages &c. whereof or wherein the said I. was euer in his life time seased of any estate of inheritance to the said G. B. his heires or assignes & to such other person & persons & his & their heires &c. to his & their only vses, vnto whō the said G. & A. his late wife deceased or either of thē haue heretofore aliened, or by any other waies or meanes whatsoeuer conueyed or assured the said tenements or any part therof, as by the said G. B. his heires or assignes or by the said such other person & persons their heires & assignes vnto whom the said G. B. & A. or either of thē haue so (as is aforesaid,) aliened or conueyed the saide tenements, or any part therfore, or as by R. W. and T. H. or the suruiuour of them shalbe reasonably deuised or aduised. So that the said seuerall assurances or conueiances, nor any of them extend not to binde him the said C. or his heires or any of them, to any further or other warranty, then only against them their heires & assignes. And so that the said C. nor his heires be not enforced to trauell for the making or knowledging of any such assurance or assurances aboue xx. miles from B. aforesaid. And y^• said C. for himselfe &c. doth couenāt &c. that it shal & may be lawfull to & for the said G. his heires &c. & euery of them, & euery such other person & persons vnto whome the said G. & A. or either of them haue heretofore aliened, conueied, or by any other waies or means assured the said tenemēts & premisses or any part therof at all & euery time & times hereafter peaceably & quietly to haue, holde, occupy & enioy the said tenementes & premisses & euery part thereof with thappurtenances. And that al the said tenements &c. now are and be and shall and may for euer hereafter stand, remaine, continue & be vnto the said G. B. &c. clerely acquited, discharged, or otherwise wel & sufficiently saued & kept harmles of and from al & al maner of former bargaines, sales, gifts, grants, leases, feoffements, iointures, dower, statuts, recognisances, bonds, rēts, seruices, arrerages of rēts & seruices, intrustons, fines, forfaitures, issues, amerciaments, iudgements, condemnations, executions, rightes, willes, estates, vses, intailes, titles, entries, & conditions, & of & from al other titles, charges [Page] and incumbrances whatsoeuer had or made by the said C. his &c. or by any other person or persons whatsoeuer lawfully hauing or claiming the said tenements or any part thereof with thappurtenances by, from, or vnder them or any of them, or by the meanes, assent or procurement of them or any of them. In witnesse whereof &c.

¶ Couenants to assure lands to saue harmelesse of recognisances.

THis Indenture tripartite &c. betweene T. N. of &c. & T. S. G. F Sect. 67. W. P. F. W. and E. W. of &c. witnesseth, that wher the said T M. W. P. & F. W. by one Ovligacion or recognisance lately made & prouided by statute for recouerie of debtes, bearing date &c. stand iointly and seuerally bound to one H. L. of &c. in the summe of &c. And where also the said T. N. T. S. and G. F. by like bond or recognisance lately made & prouided by statute for recouerie of debtes, bearing date &c. iointly & seuerally boūd to the said H. L. in the summe &c. Neuerthelesse it is now couenanted &c. betwixt the said parties & euery of them for thē &c. in maner &c. that is to say, the said T. N. for himselfe &c. to, & with the said T. S. G. F. W. P. F. W. & E. W. their &c. that he the said T. N. before the feast of &c. next ensuing after the date heereof at the costes & charges in the law of the saide T. N. his heires and assignes shall make or cause to be made to the saide T. S. G. F. W. P. F. W. and to R. S. & to their heires, a good, sure, sufficient, & lawfull estate in the law, in fee simple, of, and in all that his manor of &c. to the vses and intents heereafter following, that is to say, To the vse of the saide T. N. and his heires, so long as the said T. N. his executors, administrators or assignes, doe well and truly acquite discharge, or saue harmlesse the said T. S. G. F. W. P. F. W. & E. W. their heires, executors and administrators, & the executors, & administrators of euery of them against the saide H. L. his executors and administrators of the said seuerall recognisances, and either of them, and of, and from all maner of summes, debts, penalties, and all other duties contained in the same. And if the said T. N. his heires, executors or administrators, doe faile or make default, and doe not well and truely acquite, discharge, or saue harmel [...]sse the said T. S. G. F. W. P. F. W. and E. W. and euery of them, their heires, executors, and administrators, and the heires, Executors, and administrators of euery of them, against the said H. L. his heirs, executors, administrators, and assignes, of, and from the saide seuerall recognisances, and euery of them, and of, and from all an [...] all maner of debts, summes of money, and other dueties [...] [Page]contained in the said seuerall recognisances, and euery of them, that the said T. S. G. F. W. P. F. W. E. F. & R. S. and their heires, shal stand and be seised, of, and in the same manor &c. to the vse of them the said T. S. &c. and of their heires, & of the heires of euery of them, vntill such time as the said T. S. &c. their heires, executors, or administrators, haue fully and cleerely perceiued, receiued, leuied, and taken, all and euerie such summes of money, debts, for faitures, and penalties thereof, as the said T. S. &c. or any of them, their heires, executors, or administrators, or the heires, executors, or administrators, of euery of them, shall be at euery time cōpelled by any maner of meanes to pay, sustaine or beare by force of the said seuerall recognisances, or by force of either of them. * And furthermore, the said T. N. for him, his heires & executors, couenanteth & granteth, to & with the said T. S. &c. their heires, executors, and administrators of euery of them by these presents, that the said manors &c. the day of the making hereof, are fully and cleerely discharged of al former bargaines &c. had, made, done, or suffered to be done by the said T. N. or any his ancestors, the chiefe rents and seruices from thenceforth to be due to the chiefe Lord or Lords of the fee for the premisses, and al leases for terme of yeres, life or liues, whereupon the old accustomed yerely rēt or more bin reserued, and the said seueral recognisances onely excepted. * And also the said T. N. for him his heires & executors, couenanteth &c. to and with the said T. S. &c. their heires &c. that al such persons as now stand and be seised of, and in the said manor &c. shall stand & be seised of, and in the said manor &c. to the vse of these Indentures, and of the articles and couenants comprised in the same, And that all estates hereafter to be made, of, & in the said manor &c. during the life of the said H. L. shalbe to the vse and intent mētioned in these presents, and to none other vse nor intents. In witnesse whereof &c.

¶ Couenants to make assurance intaile, after a fine knowledged.

THis Indenture made &c. betweene &c. Witnesseth &c. that they Sect. 68. the said W. H. before the feast of &c. by fine to be leuied before y^• Iustices of our Soueraigne Ladie the Queene of her common place at Westminster, shall acknowledge the capitall mesuage &c. by the name of &c. to be the right of the said E. M. &c. As in other couenants to leuie fines sur cognisance de droit come ceo &c. with release and warrantie. * And that the said fine so knowledged and ingrossed of the premisses, shalbe to the vse of the said E. M. and R. T. and of [Page] their heires only, and to none other vse. * And the said E. and T. for them &c. to and with the said &c. that the said E. and T. and their heires, and the heires of the suruiuor of them, within one Moneth next after the said fine so knowledged and ingrossed, as is aforesaid, by their deed indented, sufficient in the law, in due forme to be made, shall and will giue and graunt the said capitall mesuage, and all and singuler the said tenements and premisses to them to bee assured, as is aforesaid, to the said W. M. & to the heires males of his body lawfully begotten. * To haue and to hold the said capital mesuage, and all other the premisses with their appurtenances to the said W. M. and to theires males of his bodie lawfully begotten, to holde of the said E. and T. by fealtie onely for all seruices. Yelding and paying therefore yerely to the said E. and T. or the suruiuor of them, their heires or assignes xx. s. of &c. that is to say, at the feast of &c. by euen portions to be paied (with a sufficient clause of distresse to be contained in the said deede, for the paiment thereof at the daies and times aforesaid, with a Prouiso also to be cōtained in the same deed)* That if it shall happen the said W. M. or the heires males of his body lawfully begotten, to suffer any recouery against him or them of the said capital mesuage, or other the premisses, or any part or parcell thereof, or by any other waies or meanes, make any alienation or discontinuance of the same premisses, or of any part or parcell thereof, and afterward shall happen to die without issue male of his body lawfully begotten, that then (that is to say) immediatly after the decease of the said W. M. and of the heires males of his bodie lawfully begotten, and after the said state taile made, as is aforesaid, the said deede indented spent, executed, and determined, and not before, it shall be lawfull for the said E. M. & T. R. to enter or reenter into the said tenements and premisses, and them to haue againe & reposseed to them, and to their heires: the said deed indented, or any thing therein to the contrarie thereof not withstanding. * And also the said E. M. and T. R. for them &c. that they the said E. and T. their heires and assignes, within iiii. daies next after the making of y^• same deed indented, and of the execution of the said estate of the said capital mesuage, and all other the premisses to the said W. and to theires males of his bodie, as is aforesaid, by one other deed sufficient in the law reciting the graunt by them made to the said W. M. and of theires males of his body lawfully begotten, as is aforesaid, shal giue and graunt the reuersion of the said capital mesuage, and all other the premisses, together with the yerely rent aforesaid to the said H. M. To haue and [Page] to hold the said reuersion of the same capital mesuage, and all other the premisses to the said H. M. his heires & assignes for euer. * And the said W. M. for him &c. couenanteth &c. that he the said W. in due forme and order of Law shall vpon reasonable request to him to be made by the said H. M. atturne tenant vnto the said H. M. of the premisses, and shall pay to him, his heires & assignes the said yerely rent to be reserued by the said deed indented, & to be grāted to the said H. M. his heires and assignes, as is aforesaid.* And also shall permit & suffer the said H. M. his heires & assignes, Lords of the residue of the manor of B. aforesaid, yerely at two seuerall times in the yeere, that is to say, in one day between the feast of &c. and in one other day betwixt the feast of &c. vpon reasonable warning giuē to them of the said day, to keepe his Court for his tenants of the said manor of B. in the Hal of the said manor, without let or disturbance of the said W. M. and of his heires males lawfully begottē, or of any other person or persons by [...]i [...] consent, procurement, or commandement. * Furthermore the said E. M. and T. B. for them &c. that the said capital mesuage &c. at the time of the making of the said estate to &c.

¶ A Couenant to sell but to the vendor.

ANd the said I. K. doth couenant &c. y^• he the said I. or his heirs Sect. 69. if within one whole yere next after the death of the said K. his mother the said I. his heires &c. shal not wel & truely haue paid vnto the said N. his heires, administrators &c. the said summe of &c. & shal make or cause to be made one good, sure, sufficiēt, absolute, & indefesible estate or assurance in the law in fee simple, of, & in al the about bargained tenements & premisses, & euery part thereof with thappur [...]enāces vnto the said N. S. his heirs or assignes, or to such other person or persons, as the said N. his heires or assignes shall name or appoint, to his and their own onely proper vse & behoofe for euer &c. * And also that neither the said I. K. nor his heires, at any time or times hereafter, shal or wil giue, grant, bargain, morgage, sell, alien, set ouer, alter, discontinue, or depart with any part of any the mesuages, lands, tenemēts, and hereditaments aboue herein mentioned to be bargained and sold, or whereof hee the said I. now standeth and is seised, to any person or persons other then only to the said N. S. or his heires, if the said N. or his heires will giue such price and prices for the same, as shalbe set downe, made & appointed by T. W. A. G. R. B. and N. S. or so many of them as shall happen to be liuing at the time of such sale and alienation to be made, without the especial [Page] licence of the said N. S. or his heires first had & obtained in writing.

¶ A Couenant not to take aduantage of former couenants if lands discended not, and to assure more lands to supplie the value.

PRouided neuertheles, & it is couenanted &c. that if the said lāds, Sect. 70. tenements, & hereditaments, before in these presents limitted to be to the vse of the said E. as is aforesaid, shall not be, continue, remain, and come to the said E. from & after the death of the said R. S of the clere yerely value of one C. markes, ouer & aboue all charges and reprises (as is aforesaid) That then the said I. and H. nor either of them, nor the executors nor administrators of either of them, shall take any benefit or aduantage of that part of the couenant before mentioned in these presents, whereby the said R. S. did couenant & agree, that the said lands, tenements, and hereditamēts, before assured to the said E. & the said heires males of her bodie (as is aforesaid) should be or continue, of the clere yerely value of one C. marks aboue all charges and reprises, if the said R. S. his heires, executors, or assignes, or any of them, so often as the said lands, tenements, & hereditaments with thappurtenances, shal become of a lesser yerely value, auer and aboue all charges and reprises, then of the yerely value of a hundreth Marks, shall and will at the costs & charges in the Law of the said R. his heires, executors, or assignes, assure to the said I. S. and H. M. and to their heires, to the vses before expressed, other lands, tenements, and hereditaments with thappurtenances: which said other lands, tenements, and hereditaments, together with the lands & tenements before in these presents assured, to the vse aforesaid, shall and may be of the yerely value of one C. Markes, ouer and aboue all charges and reprises, within two Moneths, next after request to be made to the said R. his heires or executors, by the said I. S. and H. M. or either of them, their heires, executors, or assignes.

¶ A Couenant for the shewing of Euidences, for the maintenance of an others interest.

FVrthermore, the said R. D. couenanteth and granteth &c. to and Sect. 71. with &c. by these presents, that the said R. D. and his heires, shal at all time and times hereafter, when, where, and as often as need shall require, for, & during the space of x. yeres next insuyng the date hereof, vpon reasonable request to him or them hereafter to be made by the said R. D. or his heires, or at the costs and charges of the said R. D. his heires or assignes, or some of them, shew al such euidences, [Page] charters, writings, escripts, escrowles, deedes, court roles, customaries, transcripts of fines, exemplifications of record, and muniments as do in any wise touch or concerne the premisses, or any part therof: Or as many of the same as shal be necessarie or needfull for the maintenance of the state, interest, right, title, or possession of the said R. D and of the heires and assignes of any of them, in, or to the premisses with thappurtenances, and euery or any part or parcell thereof.

¶ A Couenant to deliuer Writings vpon notice of suit.

ANd the said P. L. &c. doth couenant &c. y^• if it shall fortune hereafter Sect. 72. the said I. B. and I. L. or any of thē to be sued or impleaded by any maner of suit or action, without the consent of them the said I. B. and I. L. for the lands & tenements, in these presents comprised, or any part or parcel thereof, or for, or touching any the issues and profits of the same: Then the said P. L. his heires or assignes, vpon reasonable warning and motion to him or them giuen thereof by the said I. S. his heires, executors, or administrators, shal deliuer or cause to be deliuered to the said I. B. and I. L. or to the suruiuor of them, or their heires, all such deeds, euidences, writings, charters, terr [...]res, and muniments, touching or concerning the foresaid lands, tenements, and hereditaments, for the onely purpose and intent, that they therewith shall and may the better defend, maintaine, and preserue their titles, interestes, vses, possessions, and occupations together, and taking the profits thereof against all persons: So that the same deeds and other writings be safely deliuered againe vndefaced and vncancelled vnto the said P. L. his heires and assignes in conuenient time &c.

¶ A Couenant to leaue yron Milles furnished, in default of payment.

ANd further, if the said S. R. his heires, executors, or administrators Sect. 73. faile, or make default, of, or in paimēt of the said summes of &c. in part or in all, contrary to the forme aforesaid. That thē the said S. R. his heires, executors, & administrators, and euery of them, shall not onely leaue vnto the said R. B. his heires, executors, & assignes, to his and their owne vse, all such forges, milles, waters, & all other ingins and necessaries as be now vsed and had, by the said S. R. his executors or assignes vpon y^• premisses, or any part thereof, about the getting or making of Iron there, without hurti [...] spoiling, or impairing, or defacing the same, or any part therof, & without any reclaim, suit, challenge, or demand therefore to be made by the said S. R. his [Page] heires, executors, farmers, tenants, or assignes, or any of them, or any other to his or their vse.

¶ A Couenant to be seised to the vse of lessees performing couenants.

ANd it is granted &c. by all the said parties, that the said conueyances Sect. 74. & assurances by these presents couenanted & agreed, to be made of the premisses before mentioned vnto the said I. C. and R. H. shall as concerning the land and tenements, and other the premisses in forme aforesaid, be denused and granted. And that I. C. & R. H. & the suruiuor of them and their heires, & the heires of the suruiuor of them, shal stand & be seised therof to the vse of such person & persons, to whom any such demise or lease shall be made, during the continuance of any such demise or lease, according to the true meaning and effect of these presents, & euery such Indenture. So that such lessees & grantees during his or their seueral lease or leases, grant or grants, the rents reserued & expressed, in, and by the Indenture of his or their said lease or graunt, do pay or cause to be paied to such person or persons to whom the immediate reuersion or remainder of the said premisses so demised or leased, shall by the purport and true meaning of these presents belong or appertaine. And doe also performe the conditions, couenants and grants, according to the purport and true meaning of this or their Indentures of lease, & that aswel cōcerning the reuersion or reuersions, remainder or remainders of the same premisses so to be leased & granted, and of the rents, duties, and seruices thereupon to bee reserued, or to the same reuersion or reuersions, remainder or remainders incident, due or payable by reason of euerie such lease or grant, during the continuance of the same interest, as also after thexpiration & determinatiō of euery such leases or grants, the said assurance thereof shalbe, and the said I. C. and R. H. and the suruiuor of them and their heires, & the heires of the suruiuor of thē, shalbe seised therof to thonly vse and behoofe of such person and persons, to whom the same premisses in forme aforesaid to be leased and granted, should by the purport & true meaning of these presents haue discended, remained, reuerted, or come, if no such lease or graunt had therof bin made or graunted, and that of like estate and course of inheritance with such remainders, in like and in the same order and degree, and in such maner and forme to all intents and purposes, as if no such lease or grant had bin therof had or made: any thing in these present Iudentures to the contrarie notwithstanding.

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¶ Couenants of an Vndershirife to execute his office, and to saue the high Shirife harmelesse.

THis Indenture made &c. betweene F. S. &c. Shirife of the coū ties Sect. 75. of W. and L. of thone partie, and A. G. of A. &c. on thother partie. Witnesseth that it is couenanted &c. that is to say, the said F. doth by these presents ordaine, constitute, depute & make the said A. G. to be his Vndersherife in the said Counties of W. and L. and to haue, occupie, & inioy the said Office of Vndersherif there to the said A. during al such time as the said F. shal continue & be in aucthoritie of the office of the said Shirife of the said Counties of L. and W. by vertue and aucthoritie of our said Soueraigne Lady the Queenes letters patēts, of the Shirifes office there to him directed, bearing date &c. And also the said F. doth by these presents graunt &c. to the said A. that he shall and may take and haue during the said terme all maner of farmes, rents, fees, rewards and profits lawfully to the said office of Shirife, or office of Vndershirife, or for seruing, executing, or returne of any maner of writs, warrāts, precepts, or proces in the said Counties of L. and W. belonging or appertaining. And also al felons goods and escheates that shall happen to be lawful, due to the said shirife during the said time, within the said coūties of W. and L. And the said F. doth by these presents grant, assigne, & depute to the said A. the lawful order, custodie, and gouernement of al & singuler maner of gaoles, prisons, & of the prisoners now or hereafter to be therin to be lawfully and duely ordered, kept and demeaned by the said A. or his deputie or deputies, seruant or seruants, during the terme that the said F. shall haue the said office or the custodie, order and gouernement of the said gaoles, prisons and prisoners, by vertue and authoritie of the said office of Shirife, and letters patents aforesaid: In consideration wherof the said A. doth by these presents graunt, to and with the said F. that he the said A. and his assignes, shall at all and singuler time and times, from time to time after the date of these presents, conserue, discharge, exonerate, saue harmeles and acquite the said F. his heires, executors, administrators, and assignes, and euery of them, and the suerties of them & euery of them, of, for, and from all, and all maner of forfaitures, paiments, and fines, paines, penalties, amerciaments, charges, losses, issues, damages, incumbrances and demaunds whatsoeuer, in any wise, in any court, or els where, to be set, paid, and sustained, suffered or had to our said Soueraigne Lord and Ladie the R. and Q. Maiesties, and the heires and successors of thē, or to any other person or persons in any [Page] wise, for & vpon any escapes, executions, or returnes of writs, commissions, priuie Seales, proclamations, proces, precepts, seales, and warrants, by any waies, maner or meanes, to, or vpon the said F. for, vpon, or vnder the said office of Shirife in any wise directed, named or had, for any act, matter, default, office or thing, to be committed, done, neglected or suffered, perpetrated or had by the said A. or any of his said seruāts, ministers, deputies, or assignes, during the time that the said A. shall continue in their said aucthoritie or office, or any of them. * And also the said A. in consideration aforesaid, doth by these presents grant, that the said A. shal duly pay, enter into, or make perfect finish, acquite and discharge, for and in the behalfe of the said F. in the Q. Court, now commonly called the Eschequer, and elswhere all and singuler, and all maner of profits, rents, debts, duties, and demaunds, accompts, costs, charges, fees, recognisances, & bondes, for or vpon the said Shirife, or any his suerties, or by reason or meanes of the said office of Shirife, of, & in the said Counties of W. & L. or either of them, or of any Officer or Minister of y^• said Shirifs office in any wise due or demādable, during the time that F. shall haue the said office of the said Shirife, of the said Coūties of W. & L. or to be accomptable thereof. And that the said A. shall daylie, lawfully, & in conuement time by himselfe or his assigns, bring vnto the said F. his heires, executors or administrators, his and their lawful acquitance and discharge for the accōpts & duties of the said Shirifes office of both the said Shires of W. and L. for the time that the said F. shall haue bin Shirife there by the said Letters patents. * Also the said A. G. doth by these presents graunt, to & with the said F. that the said A. shall well and worshipfully make, prouide, sustaine and maintaine at all and singuler times, during the time that the said F. shall haue the said office of Shirife of the said Coūtie of W. by the said letters Patents, conuenient and competent meate, drinke, lodging, foode, sustenance, and entertainment of the Iustices of Assises, Iustices of gaole deliuerie, and the Clerke of Assises, and for all and euery their Clarkes, Ministers, & seruāts of any the Iustices and Clerkes, & for the Horses & Moiles of them & euery of them, & for all other attendants, at and about the said Iustices of Assise, or gaole deliuery, at, or within the said Counties of W. & L. during the said time & times, at & by the ouersight & appointment of the said F. or such other person or persons, as the said F. shall thereunto nominate & assigne. * Prouided alwaies, and it is graunted and agreed by these presents, betweene the said F. and A. that the said A, or any other person in his [Page] behalfe, shall not make or returne any other panell, iurie, or inquest, for, in, or vpon any writ of Venire facias, or of any other proces pursued, directed, or had, during the time of the said Shirife of the Coū tie of W. out of any the Q. Maiesties courts, commonly called the Chancery, Kings Bench, common Place, or Eschequer, vnlesse the same panel, iury, or inquest, shalbe cōsigned with the hand of the said F. or of some other partie that he shal nominate or appoint. Nor the said A. nor any person in his behalf, shal in any wise do or cause to be done, without the speciall licence of the said F. S. first obtained and plainly had, done, or appointed, any act, matter, or any thing vpō any writ, commission, action, presentment, iudgemēt, indictment, proces, or suit, that in any wise, maner, or meanes shalbe, for, or against any of the Earles of S. H. &c. or any of them, or for, or against any other person or persons, that is, or hereafter shalbe knowē or declared to y^• said A. by the said F. to be his friend. * And it is also prouided and agreed by these presents, between the said F. S. & A. G. that the said F. shal & may make, ordain, constitute, and appoint frō time to time, during the time of his office by the said letters Patēts, such persons, which during that time haue, occupie, & inioy the two Bailiwikes & offices of Baylies, of, & in the hūdreds of R. & H. and either of them with thappurtenances in the Countie of W. aforesaid, and that the same persons shal haue, take, occupie, & inioy the said Bayliwikes & either of them, togither with all & singuler maner of profits, cōmodities, & aduantages with thappurtenances appendant to the same Bailiwikes, or either of them, in any wise concerning, growing, belōging, or during the time, ouer & besides that shalbe to the Q. Maiestie: any thing in these presents contained to the contrarie in any wise notwithstanding. * And the said F. doth moreouer graunt by these presents to the said A. that he the said F. & his assignes, shall in due & conuenient time, as shortly & cōueniently as may be after the time of the said office ended, accōpt & declare to the said A. G. or his assignes, at the same manor of S. H. the true value & rent of all and singuler rents, reuenues, duties, and forfaitures, due to be paied, and then leuied or leuiable to the Queens Maiesties vse or behalf within the Countie of L. for, vpon, in, or by the office of Shirife there, during the time that the said F. was as is aforesaid, Shirife there, and so much of the rents, reuenues, duties, and forfaitures that the said F. or his assignes shal pay, or cause to be paied then to the said A. as the same F. or any other person to his vse then hath receiued, and all the residue of the said rents, reuenues, duties, and forfaitures [Page] there, which conueniently shalbe leuied, the same shall cause to be paied to the said A. or his assignes, so shortly and speedely as may be, after that time they shall conueniently be leuied and gathered there.

And the said A. doth by these presents couenant and graunt, that the said F. his executors and assignes, shall within fortie dayes next after the said accompts for the said office of the Shirife of the said Counties of W. & L. finished or determined, pay, or cause to be paied well and truely to the said F. S. his executors or assignes, all maner of allowances, profits, cōmodities, and aduantages, that in any wise shalbe admitted, deducted or allowed in the said accōpt or accompts, or by any part thereof in the said Eschequer for the diet of any the Iust. of Assise or gaole, or any of their clerks, seruants, or attēdants, in either of the said Counties, or for any Taile of reward, or for any sūmons of Praecipe, or of any greene ware, or of any such like matter or thing in either of the said shires of W. or L. And also the said A. doth by these presents graunt to the said F. that he the said A. atleast in one day in euery xxi. dayes, during the time that he shall be Vndershirife, as is aforesaid, & personally be in, or neare vnto the said Countie of W. shal come thence vnto the said F. and on that one day, vtter and declare the state of the said Countie of W. and the affaires concerning the said Office with thappurtenances thereof. And that also the said A. with all his officers and ministers, and power of the said Countie, shal dulie and diligently attend to the said office, if any warre, rebellion, or other notable matter or occasiō during the time of the said office shal arise or be in either of the said Counties of W. or L. or there abouts. And also that the said A. shall well and diligently, honestly, and iustly occupie, serue, and execute the said office of Vndershirife of the said Countie of W. and honestly behaue him selfe in all points, during all the said time that the said F. shal continue and be High Shirife of the said Counties of W. and L. by vertue of the said letters Patents, and nothing done by himselfe, or any other person or persons, in any wise concerning the said office of Shirife, or Vndershirife of the said Countie of W. which shall be to the disworship of the said F. And also that these alterations of matters, articles, and things, in these presents in any wise mentioned or cōtayned, may & shalbe reformed & had at any time, frō time to time, by the learned counsell of the said F. for the better and more perfect discharge and sauing harmelesse of the said F. his heires and executors vpon the premisses, or any of them, which the said A. graunteth by these presents, by, and in all things to obey, performe, and [Page] fulfill. In witnesse whereof &c.

¶ A Couenant to make a lease by fine of Copyhold lands for yeares.

THis Indenture made &c. Betweene E. C. & E. his wife of thone Sect. 76. partie, and H. W. on thother partie. Witnesseth, that whereas the said H. W. as Copiholder, and tenant by copie of Court roll vnto the said E. C. and E. his wife, as of their manor of C. aforesaid, hath and holdeth to him and to his heires after the custome of the said manor, one measuage with certain houses &c. set, lying, and being &c.

The said E. C. and the said E. his wife, for, and in consideration aswell of the performance of certain couenants, graunts, articles, and agreements, mentioned and contayned in a paire of Indentures had and made betweene the said E. C. and the said E. his wife on the one partie, and the said H. W. on the other partie, as for the summe of an C. li. of lawful money of England, to the said E. C. before hand paied, hath demised, graunted, and to farme letten vnto the said H. W. all and singuler the said mesuages &c. and all and singuler the premisses before recited with their appurtenances. To haue and to hold the said mesuages &c. and all & singuler other the premisses with their appurtenances vnto the said H. W. his executors and assignes, without any impeachment of any wast, from the feast of &c. vnto thend and terme of eight yeares then next insuing, fully to be complete and ended. Yelding and paying yearely vnto the said E. C. and E. his wife, and to the heires of the said E. C. the summe of &c. of lawfull money of England: (that is to say) for the said mesuages, lands, and tenements with their appurtenances, in the tenure of the said H. W. x. shillings &c. And for the lands and tenements in the tenure of &c. vii. shillings &c. all which maketh vp the said summe of &c. The said yearely rent to be yearely paied at the feastes of Saint Martin in winter, and Penticost by euen porcions. And if it shall fortune the same yearely rent of &c. As in clauses of distresse. And the said E. C. and E. his wife for themselues &c. do couenant &c. to and with the said H. W. his executors and assignes, that the said E. C. & the said E. his wife, by fine in due forme of law to be leuied, shall at the costes and charges of the said H. W. assure and conuey, or cause to be assured and conueyed the said mesuages, lands and tenemēts, and other the premisses, by these presents demised and letten to the said H. W. his executors & assignes, for and during the said terme of viii. yeares, in maner and forme, [Page] as shalbe deuised and aduised by the counsel learned of the said H. W. vpon which graunt and render the said seuerall rents before mentioned, shalbe seuerally reserued, in maner & forme, as is before in these presents mentioned.

¶ A Couenant that the feoffor hath done none actes, but that he is seised, and so will continue.

ANd the said F. R. doth further couenāt &c. that he the said F. R. Sect. 77. hath not done, nor suffered to be done, any act or actes, thing or things, but that he the said F. is now lawfully seised to his owne only vse, of, and in the said tenements & premises, and euery part thereof, with the appurtenances, of so good, sure, absolute, & indefeasibl estate in the law in fee simple, as he the said F. had by the gift & graunt of the said R. C. and so wil stand, remaine, continue, & be therof so seised, vntill the same be sufficiently conueyed & assured vnto the said R. R. his heires and assignes, according to the true meaning hereof &c.

¶ A Couenant for quiet inioying in a speciall maner.

THat the said R. P. & G. and euery of them, and euery other person Sect. 78. and persons, vnto whom any vse, interest, estate, or title, of, in or to the said manors, mesuages, lands, tenements, hereditaments, and premisses with the appurtenances, or of, in, or to any part therof, as is aboue in these present Indentures limitted, appointed, intended or meant, shall and may peaceably and quietly haue, occupie, and inioy such, so many, and so much of the said manors, mesuages, &c. as is by these presents to him, her, or them limitted, appointed, intended, or meant, during and according to his, her, or their seuerall vses, interests, estates, and titles therein, and according to the true meaning of these presents, without any lawfull let, suit &c. of &c.

¶ A Couenant not to sell lands but to T. R. without his licence.

ANd the said R. & L. couenanteth &c. That neither they the said Sect. 79. R. and L. nor thone of thē, at any time hereafter during the life naturall of the said T. R. shal ne will giue, grant, sel, discontinue, conuey or assure, in fee simple, or fee taile, any mesuages, cottages, lands, tenements, medowes, pastures, tents, reuersions, remainders, seruices, or hereditaments, scituate, lying or being &c. (other then the aboue sold premisses) wherin they, or either of them the day of the date of these presents, haue any estate of inheritance, in possession, reuersion, remainder, or in vse, nor the reuersion or remainder thereof, or of any part thereof, nor charge nor incumber the same, nor any part thereof to any person or persons, other then to the said T. R. or [Page] his heires, or to such other person & persons, and their heires, as he the said T. R. or his heires, shall for that purpose name & appoint &c.

¶ An Indenture betweene the Master of the Court of Wardes and Liueries, and the heire, vpon liuerie to be sued.

THis Indenture made &c. betwene the right honorable Sir W. Sect. 80. C. knight, L. B. Lord Treasorer of England, & Master of the Q. Maiesties court of Wardes & Liueries, And T. S. Esq. Surueior of the same Liueries, for, & in the name & behalfe of our said Soueraigne Ladie the Queene on the one partie, and M. C. sonne and next heire of I. C. late of W. in the Countie of Y. yeoman deceased on the other partie, Witnesseth, that whereas our said Soueraigne Ladie is agreed to graunt vnto the said M. a general Liuerie to be had, of, and in all such Lordships, manors, lands, tenements, rents, reuersions, seruices, and other hereditaments with the appurtenances, which to the said M. discended and came, in vse, possession, or reuersion, from the said I. as sonne & heire of the said I. as in the said generall Liuerie more plainly it is contained. * Neuerthelesse, for that our said Soueraigne Ladie should not be deceyued, but that her grace should haue perfect knowledge and vnderstanding of all those Lordships, manors, lands, tenements, rents, reuersions, seruices, and other hereditaments, and the yearely value of the same, whereof the said M. willeth & intendeth to take any aduantage, benefite, profite, or commoditie, by reason or colour of the said generall Liuerie. And also to the intent our said Soueraigne Ladie should not be deceiued of any other Lordships, manors, lands, tenements, & other hereditaments, which bin discended and come to the said M. by and after the death of the said I. in possession or reuersion, or in vse of possession, or in vse of reuersion: Or of any Lordships, mannors &c. which haue bin put in any feoffement, fine, or recouerie, to any person or persons, to thuse of any of the auncestors of the said M. whose heire he is, for the performance of any will, or otherwise, in vse, possession, or otherwise, which shall, may, or ought to discend, remaine, reuert, or come vnto the said M. or his heires, after any such will performed, or vse thereof determined, or of any Lordships &c. whereof the reuersions discended and came vnto the said M. by and after the death of the said I. The said M. C. hath deliuered the day of the date hereof vnto the said W. Lord B. Lord Treasorer of England and T. S. a writing in parchment indented, hereunto annexed, in which the said M. couenanteth and promiseth, that therin be contayned [Page] and specified, all those Lordships &c. with the yearely value of the same, which the said M. willeth or intendeth to haue, or shal haue out of the Queenes Maiesties hands or possession by the said general Liuerie. And also of all those Lordships, manors &c. and other hereditaments, & the yerely value of the same, which haue bin put in any feoffement, fine, or recouerie, and other conueyance, whereof the immediate vse of the possessiō, or whereof the vse of the reuersion of the possession is discended & come vnto the said M. by and after the death of the said I. or wherof thuse by and after the death of any tenant or tenants for terme of life, or after any other estate, will, intent, or vse thereof determined, shall, may, or ought to discend, reuert, or come vnto the said M. and his heires, or to the heires of his body lawfully begotten, or any other of his heires: And that the said Lordships &c. in the same writing indented, mentioned and comprised bin there valued to the vttermost and best value. * And ouer that, the said M. C. couenanteth and graunteth for them, their heires, executors, and assignes, to and with the said W. Lord B. Lord Treasorer of England, and T. S. that one Auditor or Auditors by our said Soueraigne Ladie to be assigned, or Auditor of the Queenes Maiesties Court of Wardes and Liueries for the time being, shall at the cost and charges of the said M. and at such time as it shall please our said Soueraigne Ladie, her heirs and successors Kings of this Realme, or the said Master of the Queenes Court of Wardes and Liueries, and Surueior of the same Liueries for the time being, to appoint or otherwise to search, view, and value the true value of the same. And that if vpon any search, view, and value thereof to be appointed by our said Soueraigne Ladie, or by the Master of the Queenes court of Wardes and Liueries, and Surueior of the same Liueries it can be proued, that any lordships, manors &c. and other hereditaments, and the yearely value of the same, whereof the said Master or anie other to his vse taketh, or hereafter shall or may lawfully take any aduantage, benefite, profite, or commoditie, by reason or colour of the said general Liuerie, be omitted and not contayned and specified in the same writing indented hereunto annexed: Or els if that any Lordships &c. in the same writing specified, be of more better and larger yearely value, then in the same writing is limitted, or els if that any Lordships &c. which were of the inheritance of the said I. and which by and after his death discended and came vnto the same M. in vse, possession, or otherwise, be omitted or vndervalued in the same writing: Then our said Soueraigne Ladie shalbe by the said [Page] M. his executors or assignes, truely aunswered and satisfied of the yearely value of all those Lordships, manors, lands, &c. so omitted or vndervalued. And also of all and euery of the said Lordships &c. in the said writing, that be or shall happen to be vndervalued, and that from the death of the said I. vnto the triall & knowledge of the same. * And ouer that, the said M. C. couenanteth and graunteth for him, his heires, & executors, to and with the said W. Lord B. Lord Treasorer of England, and T. S. that for the concealment and offence in that behalfe, if any such shall appeare or bee proued, the said M. C. shall content and pay vnto our said Soueraigne Ladie, the double of one yeares value of all those Lordships &c. so omitted or vndervalued, vntill such time as the said M. shall haue agreed, to and with the said W. Lord B. Lord Treasorer of England, & T. S. or other Officers of the Queenes Maiesties court of Wardes and Liueries, and Surueior of the same Liueries for the time being, for the saide value and ouerplus of the landes, tenementes, and hereditaments so omitted or vndervalued. And shall find sufficient suerties for the paiment of all such summes of money as shalbe agreed by the said Master of the Queenes court of Wardes and Liueries, and Surueior of the same Liueries. * And furthermore, the said M. C. couenanteth &c. to and with the said W. Lord B. L. Treasorer of England, and T. S. that neither he the said M. or any other person or persons for him, or in his name, or by his consent, shall vnquiet, molest, or disturbe, any tenant or tenants in dower, or for terme of life, in the name of Iointures, of their lawfull possession or interest, that they or any of them haue, of, in, or to any landes or tenements comprised in this Scedule indented hereunto annexed, or any part or parcell thereof. In witnesse whereof to the one part of these Indentures, remaining to and with the said Master of the Court of Wardes &c. the said W. Lord B. Lord Treasorer of England, and T. S. haue set their hands and Seales: And to the other part of these Indentures, remayning to the Queenes vse in the said Court of Wardes and Liueries, The said M. hath set to his hand and seale the day & yeare first aboue written.

And the like of a speciall Liuerie, Mutatis mutandis.

¶ Couenants of Marriage, and Iointure to be made.

THis Indenture made &c. between W. P. & T. S. &c. Witnesseth that it is couenanted, concluded, & agreed, by and betweene the Sect. 81. said parties, in manner and forme following, that is to say: the said [Page] W. P. couenanteth &c. that R. P. &c. by the sufferance of almightie God, shall espouse, marrie, and take to wife G. S. &c. and her espouse and wedd after the lawes of the Church of England, before the feast &c. if they so long shall liue, and the said G. S. will thereunto consent and agree, and the lawes of God and holy Church will that permit. And the said T. S. doth likewise couenāt &c. that G. S. &c. shal marrie and take to her husband the same R. S. &c. if &c. * And the said W. P. for the considerations abouesaid, and for a Iointure vnto the said G. S. to be had and made, for himselfe &c. doth couenant, graunt &c. that he the said W. P. or his heires, within one yeere next insuing the date hereof, at the reasonable requestes, costes, and charges in the law of the said T. S. his executors or administrators, shall and will suffer T. W. and I. A. R. H. and G. P. well and sufficiently to recouer to them and their heires for euer, all the manors, mesuages, &c. by writ of Entre sur disseisin en le Post, to bee had and prosecuted by them against the said W. P. before the Iustices of the Queenes Maiestie that now is, her heires and successors, of the common Place for the time being, by the name or names of &c. or by the like name or names in effect, or by some other sufficient name or names, vnto which the said W. P. shall appeare in proper person, or by his Atturney or Atturnies, and vouch the common vouchee to warrantie, according to the vsuall forme and order of common recoueries in such case heretofore vsed, and that the same recouerie shalbe executed accordingly by Habere facias seisinam, and that he will do & suffer al & euery other thing, which in that behalfe shalbe requisite or necessary. * And the said M. P. &c. doth couenant &c. and it is the true intent and meaning of the said parties, and of these presents, that the same recouerie so to be suffered, had, and executed, as is aforesaid, and the estate of the said T. W. I. A. R. H. and G. P. and euery of them, and of the heires of them, and euerie of them, of, and in the said mannors &c. by force of the said recouerie and executiō therupon to be had shal be and inure, And the said T. W. I. A. R. H. and G. P. the recouerers in the said recouerie to bee named, and the suruiuor of them, and his heires shall stand and be thereof seised to the onely vses, intents, and purposes, hereafter in these presents mencioned, limitted, & expressed, and to, or for none other intent or purpose: that is to say, of and in all the said manors of &c. except one mesuage and all lands therevnto belonging in D. in the said Countie &c. to the onely proper vse and behoofe of the said W. P. & his assignes, during & vntill the feast of &c. to the only proper vse & behoofe of the said T. S. his executors [Page] administrators, and assignes, during and vntil the full end and terme of foure yeares, then next and immediatly ensuing, and fully to bee complet and ended. And immediatly from and after the end and expiration of the said terme of foure yeares, to the onely proper vse and behoofe of the said R. P. and G. S. and of the heirs of the body of the said R. lawfully begotten, and to be begotten on the body of the said G. S. And for lacke of such issue of the bodie of the said R. P. on the bodie of the said G. S. lawfully begotten, to the vse of the said W. P & of the heires males of his body lawfully begotten & to be begotten on the body of M. now his wife. And for default of such issue male, then to the onely proper vse and behoofe of the said W. P. and of the heires males of his body lawfully begotten and to be begotten. And for default of such issue male, then to the only proper vse and behoofe of the said W. P. and of the heires of his body lawfully begotten & to be begotten. And for default of such issue, then to the only proper vse and behoofe of the right heires of the said W. P. for euer. And of & in the said &c. before in these presents excepted &c. to the onely proper vse and behoofe of the said W. P. for and during the terme of his natural life, and immediatly after the death of the said W. P. to the onely vse and behoofe of the said R. P. & of the heires of his body lawfully begotten, and to bee begotten on the body of the said G. S. and for default of &c. (to such other vse as it shalbe agreed,) and to or for none other vse, intent or purpose. And the said W. P. for himselfe &c. doth couenant &c. that he the said T. S. his executors &c. shall and may haue &c. to his or their owne proper vse, behoofe, and commoditie, from & after the said feast of &c. for and during the space of foure yeares thence next ensuing, all the said manor &c. which the said R. P. and G. S. or either of them now hath, or hereafter shall haue, during the terme of foure yeares, next ensuing the said feast of &c. without paying any rent, money or other thing therefore, and without rendering of any accompt thereofor therefore to any person or persons. And in consideration of the premisses, the said T. S. for him &c. doth couenant &c. that he the said T. S. his executors or administrators, shall and will during the said terme of foure yeares, next ensuing the said feast of &c. at his and their owne proper costes and charges, finde and giue, or cause to be found and giuen vnto the said R. P. and G. S. sufficient meate, drinke, lodging, and al other things necessarie for either of them, at such place and places, as vnto the said T. S. or his executors shal seeme most meete and conuement, if the said R. P. and G. S. will thereunto consent and agree. And likewise [Page] during the said time and space last before mencioned, at his and their like proper costes and charges, shall conueniently place and prouide for the said R. P. at some good Schoole, or other conuenient place, where the said R. P. may be taught, educated, and brought vp in vertue and learning, if the said R. P. will thereunto sufficiently endeuour himselfe, consent and agree. And ouer this the said W. P. couenanteth and graunteth, that if the said manor and other the promisses, (except before excepted) bee not of the cleere yeerely value of one hundred pound, ouer all charges and expences, that the same W. P. then at the reasonable request of the same T. S. &c. or any of them, shall make, or cause to bee made like sure estate or estates, of, and in other landes and tenements within the saide Countie, of as much cleerely yearely value, as the said manor & other the premisses (except before excepted) is vnder and lacking of the said yearely value of one hundred pound, to the said T. W. &c. and their heires, to the vse afore declared. And also shall suffer the said G. S. at her libertie and pleasure to marrie one E. her daughter, to anie person that it shall please her, And dispose such money and profites, as shall fortune to be graunted and promised for the marriage of the saide E. the daughter at the libertie and pleasure of the foresaid G. S. the mother, without contradiction or disturbance of the said R. P. or any person by his commandement, procurement, or assent. And that he the said R. P. shall not receiue nor haue any money or reward for the said marriage. Moreouer the said W. P. couenanteth &c. that if it fortune the said G. S. the mother after the said mariage solemnized betweene her and the said R. P. to decease out of this world in the life of the same R. P. her husband, that then the said R. P. shall giue licence, power, and authoritie to the said G. S. before her death, to make a Testament contayning her last Will, and by the same testament to giue and dispose at her pleasure, of the goods and cattels of the said R. P. amounting to the value of an hūdred pound sterling. And that the said R. P. shal suffer such persons as the said G. S: shal name, to haue and to doe the execution and distribution of the same, according to her minde and pleasure. And that after her decease the said R. P. shall giue, deliuer, pay, and execute, to such persons as the same G. S. shall bequeath and appoint to haue any of the saide goods extending to the said summe of an C. poundes. Prouided also and neuerthelesse it is couenanted and agreed, by and betwixt the parties to these Indentures, that if it should happen the said G. S. to die without issue of her bodie by the said R. P. lawfully begotten, [Page] before she shall accomplish her age of fortie yeares, that then from the death of the said G. S. so dying before the said age of fortie yeares, without issue of her bodie lawfully begottē, the said T. W. & his cofeoffees shall stand and be seised to the vse of the said W. P. his executors, administrators and assignes, of the said manor &c. during the life of the longer liuer of the said W. P. and M. from thēceforth, that is to wit, from the day of the death of the longer liuer of them the said W. and M. the said T. W. and his said cofeoffees to stand and be seysed to the onely vse of the said T. S. his executors and assignes, of the said &c. during and vntill such time as he shall haue receiued the summe of CC. pounds of his rents and profits of the same rents, to be accompted according to the yearely rent of the premisses, and that the said fine, recouerie, feoffement, and all and singuler other assurances whatsoeuer to be had, made, knowledged, executed, suffered, and permitted, of the said lands, tenements &c. shall be to the said seuerall vses aboue recited: any thing therin contained, or any other assurance to be had or made concerning the premisses to the contrarie notwithstanding. Prouided furthermore, and likewise excepted, that if it shall happen, by reason of disassenting of either of the said parties, or both of them, at such time as they shall accomplish the age and yeares of consent, that the said mariage shall not, or do not take effect, or if by reason of consent and agreement of both of the said R P. and G. S. that the said mariage do, or shall take effect, & then afterwards if it shall happen possibilitie of issue to be extinct, by death of the one or both of them, or by any other waies or means, that then immediatly vpō such possibilitie of issue extinct, or that the said mariage shal not take effect in forme aforesaid, T. W. & other his said cofeffees & their heires, & the heires of the suruiuor of them shall stād & be seised of all the said lands & tenemēts & other the premisses, as they then should happen to fall & come in course, in maner & forme aboue mēcioned for yeres & terme of life only, wherby the said T. S. his executors or assignes, shall & may be fully satisfied and paid of the said sum of money to him before limited by these present Indētures, according to the true meaning of the same, as is before expressed, only excepted to the vse and behoofe of the said W. P. his heires for euer: any thing herein contained to the contrari [...] thereof in any wise notwithstanding. And also the said W. P. for him &c. that if it shall happen the said M. daughter of the said T. S. to decease or die before she hath, or shal fully accomplish the age of xiiii. yeares, or before the said mariage had and solemnized betweene her and the said E. P. [Page] that then the said T. S. his executors or as [...]ignes, during the space of fiue yeeres, from thenceforth next & immediatly following or ensuing the death of the said T. S. shall and may quietly perceiue, leuie, and take the rents, issues, reuenues, and profits of the said manors, lands, tenements, and other the premisses with their appurtenances.

And ouer this the said W. P. for him &c. couenanteth &c. that such manors, lands, & tenements, whereof the said W. P. now is seised in possession or reuersion of any estate of inheritance, and not before in these present Indentures otherwise expressed, limited, or declared, which to the said W. P. discended or came in possession, reuersion, or vse, from any of the ancestors of the said W. P. immediatly from and after the death of the same W. P. shall discend, reuert, or come vnto the said W. P. in possession or reuersion of such estate of inheritance, as the said W. P. hath therein, if the said mariage take effect, the same manors, lands, tenements, and hereditaments at the time of the death of the said W. P. being cleerely discharged and exonerated of all and euery former bargaines &c. Except &c. In witnesse &c.

Hereunto may be added such couenants of being seised, & owner, of quiet inioying and sauing harmelesse, or to be seised to the vses aforesaid after the said Mariage, and such like, as are needefull, according to the agreement of the parties, with all necessary exceptions and conditions.

¶ Couenants of Marriage.

THis Indenture &c. Witnesseth, that in cōsideration of a Mariage Sect. 82. &c. The said T. T. couenanteth &c. that he the said T. T. at any time during the mariage betweene the said T. and the said E. will not alien, sell, giue, graunt, or otherwise dispose, esloigne, marie, or defeat, the wardship of E. R. sonne and heire of N. R. deceased, to any person or persons from the said E. except it be by the assent and agreement of the said E. And the said T. T. further couenanteth &c. that neither he the said T. T. nor any other person or persons, by his procurement, at any time during the said mariage, shall do or make any voluntarie wast or sale, of, or in any of the woods or houses, whereof the said E. is now seised or possessed, except it be by the assent or agreement of the said E. And also the said T. T. couenanteth &c. that he the said T. T. at any time during the said mariage, shall not bargaine, sell, giue, graunt, or otherwise alien any lease, leases, or farmes, which the said Eliz. hath or possesseth, the day of the date of these presents, except it bee by the assent and agreement of [Page] the said E. And the said T. T. further couenanteth &c. that hee the said T. T. at such time and times as the saide E. shall appoint, shall pay, or cause to bee payd, of the legacies bequeathed by H. S. sometime husband to the said E. such, and somuch, and in such maner, as the said E. shall assigne and appoint, in writing subscribed with her hand at any time, during the said mariage. And also if the saide E. shall in writing subscribed with her hand, assigne or appoint that the said T. T. shall pay to the said E. R. the summe of CC. poundes of lawfull money of England, or any lesse summe of money, that then the said T. T. his heires, executors, administrators, or assignes, shall satisfie and pay, or cause to bee paid, to the said E. R. towardes his aduancement, the said summe of CC. poundes, or such other lesse summe of money, as shee the said E. in writing subscribed with her hand at any time during the said mariage, shall assigne & appoint the said T. T. to pay, and at such time and times, and in maner & forme as the said Eliz. by the same writing subscribed with her hand, shall assigne and appoint. And the said T. T. also couenanteth and granteth for him &c. That he the said T. T. or his heirs, within two yeres next ensuing the date hereof, shal assure and conuey, or cause to be assured or conueied by good and sufficient assurance and conueiance in the law, to the said E. for terme of her life, or to other persons, & their heires, to the vse of the said E. for terme of her life, for her ioynture, such manors, lands & tenements with the appurtenances, & other the premisses, in the said Countie of N. which shall amount to and bee of the full and cleere yearely value of one hundred poundes, of lawfull money of England, ouer and aboue all charges and reprises. And also if it shall fortune the said E. to suruiue & ouerliue the said T. T that then the said T. T. shall as well leaue the said E. worth as much debts, goods, and cattels, and other substances, as the said E. shall at the time of the mariage be cleerely worth: As also giue, graunt, bequeath, or otherwise assure, to leaue to the said E. ouer and aboue the said debts, goods, cattels, & other substance, as much [...]o [...]ds, cattels, & other substance, as shall amount to the value of two thousand marks of lawfull money of England. Prouided alwaies, that if the saide T. T. at any time during the said mariage, shall by the assent in writing of the said E. subscribed with her hand, purchase any lands, tenements, or hereditaments, that thē so much of the debts, goods, cattels, and substance, which the said T. T. by these presents hath couenanted to leaue, assigne, or assure vnto the saide E. as the summe or summes of mony so to be paied, for, or by reason of the saide purchase [Page] or purchases, shal amount vnto, shalbe defalked, deducted, & forprised out of the said debts, goods, cattels and substance, so couenanted to be left, graunted, or assured vnto the said E. and out of the value of the same, And the said T. T. his heires and assignes, to be of so much ther of discharged, any thing in these presents to the contrarie notwithstanding. And the said T. T. also couenanteth, that he the said T. T. shal suffer aswel al the manors, lands, and tenements, whereof the said T. T. now at this present is seised of any estate of inheritance, as also al other manors, lands, tenements, and hereditaments, that at any time hereafter the said T. T. shal fortune to haue by discent, from any of his ancestors, in possession, reuersion, remainder, or otherwise to discend, remaine, or come in possession, reuersion, or remainder, to the heires males of the said T. T. which shalbe begotten of the body of the said D. E. cleerly exonerated & saued harmeles &c. of &c. And it is further prouided and couenanted &c. that it shalbe lawful for the said T. T. during his life, or by his last will and testament, to demise, grant, deuise, or dispose by thassent and agreement of the said E. to their children, which the said T. T. shall beget of the body of the said E. or to any of them for terme of their liues, or for terme of life of any of thē, any part or parcels of the said manors, lands, &c. (except before excepted) any couenant, grant, &c. before mencioned, to the cōtrarie in any wise notwithstanding. And it is also further couenanted &c. that where the said T. T. by his writing obligatorie, bearing date of these presents, standeth holdē & boūd vnto the said &c. in the summe of a M. markes of lawfull money of England, with condicion thereupon endorsed, for the performing & fulfilling of all and singular the articles, couenants, &c. herein contained, on his part to be obserued & kept, as by the said writing obligatorie it doth more plainly appeare, if in writing subscribed with the hands of the said E. at any time during her life, it shalbe declared and expressed, that the said writing obligatorie from thenceforth shalbe void, or that shee the said E. would haue the said writing obligatorie to be void, that then, & from thenceforth the said writing obligatorie shalbe vtterly void & of none effect. Prouided alwaies, that if at any time hereafter it shalbe declared in writing, subscribed with the hand of the said E. that her meaning or intent is, that any couenants, grants, articles, or agreements in these presents mencioned, shal be void and of none effect, that then & from thenceforth, such, and so many of the said couenants, articles, & agreements, as shalbe expressed, mencioned or contained in any such declaration, shalbe frō thenceforth vtterly void & of none effect: any thing [Page] in these presents contained to the contrarie in any wise notwithstanding. Prouided alwaies, and it is fully agreed, by and betwixt the said parties to these presents, that it shalbe lawfull, to and for the said T. T. by thassent, consent, and agreemēt of the said E. to alien, sell, or exchange any part or parcell of the said manors, lands, tenements, or hereditaments, except the mansion house, or capital mesuage of H. in the countie of &c. and the demeane lands of H. aforesaid, and al lands, tenements, & hereditaments, accompted, reputed, or occupied as demeane lands of H. aforesaid, at any time within 60. yeres last past before the date hereof: And also except the said mesuage &c. so alwaies that the said T. T. and his heires, by reason of the said alienatiō, sale or exchange, do and shal receiue, take, and haue in liew & recompence thereof, other lands, tenements &c. so much in quantitie, & of so much yearely value, or better, and like estate or better, as the said lands so aliened, sold, or exchanged were of, to all respects & purposes. Prouided alwaies that it shall be lawful, to & for the said T. T. by his sufficient writing indented, sealed with his seale, & lawfully executed, to demise, grant, and let to ferme, al and singuler the premisses with thappurtenances, or any part or parcell thereof, except such as be or shalbe assured to the said E. for her Iointure, and except the said mesuage, lands, &c. to any person or persons, for terme of three liues, or vnder, or for xxi. yeeres or vnder, in possession onely & not in reuersion, so that the auncient yeerely rents, customes, and seruices, or more be reserued or payable vpon euery such demise or lease, to haue continuance during the terme therof, & so that any such demise & lease be not made without impechment of wast, & also to assure & conuey a parcel of land called R. lying & being in G. to the vse of the said E. for terme of her natural life, so that the same be not made without impeachmēt of wast. Prouided also, & it is agreed, by & betweene the parties to these presents, that it shalbe lawful for the said T. T. by his writing or writings, sealed with his seale, or by his last wil & testamēt in writing, to giue, grant, &c. to euery & eyther of his yonger sonnes of the body of the said E. lawfully begotten, not being the heire apparant of the said T. T. one annuity or ren [...] charge of x. l. by the yeere, for the terme of the natural life of euery such sonne, to whom such gift, grāt, deuise, or bequest shalbe made, issuing & going out of any y^• manors, mesuages, lands, tenements, & hereditaments of the said T. T. except before excepted. And also if it happē B. C. daughter of the said T. T. not to be maried in the life time of the said T. T. that then it shall likewise be lawful, to and for the said T. T. by his writing indented, [Page] sealed with his seale, or by his last will and Testament in writng, to giue, graunt, deuise, and bequeath to the said B. one annuitie or rent charge of fortie Markes by yeare, vntill the summe of CC. Markes be iemed and payed, that is to say: for the terme of fiue yeares. Prouided, that if the said B. happen to die before she shalbe maried, that then the said annuitie or rent charge to cease and be void, and the said summe of CC. Markes, to be graunted and assured vnto her, for, and towards her preferment in mariage, or otherwise. And further, the said T. T. doth couenant and grant for &c. to and with &c. by these presents, that if the said mariage take effect, one iii. part of all and singuler the goods, cattels, reals and personals, moueable & immoueable, iewels, plate, and implements of houshold, in three parts to be deuided, whereof the said T. T. shalbe possessed at the time of his d [...]ath, or his executors, within one yeere next after his decease, without fraud or couin, shall remaine & be by force of the gift, or of the last will and Testament of the said T. T. vnto R. sonne and heyre apparant of T. T. for, and in the name of such heirelomes as should and ought to be left by the said T. T. vnto him the said R. And lastly the said T. T. for his part, doth couenant &c. by these presents, that if it fortune the said R. T. to decease in the life of the said T. T. his father, hauing any issue in life at the time of the decease of the said T. T. that then the said T. T. at the reasonable request of the said sir I. W. his heires or executors, shal & will lawfully and sufficiently giue, graunt, assure, and conuey vnto any one of the sounes of the said T. except the eldest sonne and heire apparāt of the said R. T. one yerely rent charge of &c. issuing & going out of the said manors, mesuages, lands and tenemēts, except before excepted. To haue and to hold the said rēt charge, immediatly from & after the decease of the said R. T. for & during the naturall life of euery the sonnes of the said R. T. to whom the same shalbe graunted, conueyed or assured. And also that if it fortune the said R. T. to decease in the life of the said T. T. his father, then likewise he the said T. T. vpō the like request of him the said sir I. W. his heires or executors, shall and will lawfully, and sufficiently giue, graunt, assure, and conuey landes and tenements of the cleerely yerely value of &c. not before excepted, vnto such persons and their heires, as the said sir I. W. shall nominate and appoint to the vse of the said persons, for and vntil such time as the said persons, their heires or assignes, shal or may haue receiued, leuied, and had of the issues and profits thereof, such and so great summes of money, as shall and will amount and extend, to content and pay to euery one of [Page] the daughters of the said R. T. that shall happen to be vnmaried, or the mariage money vnpaid, at the time of the decease of the said R. T. the ful summe of CC. l. a peece to euery one of the said daughters, the said summe to be paide at such time, as they shall seuerally accomplish and come to the age of xviii. yeares, to & for their preferment in mariage, or otherwise. In consideration of which mariage, to be had and solenmized, and of the conueyances, grants, articles, and agreements aforesaid, the said sir I. W. doth couenant &c. to content satisfie and pay, or cause to be contented, satisfied, and payd, vnto the said T. T. his executors, administrators, or assignes, being sufficiently authorized vnder his hand and seale, the full summe of 620. l. in maner and forme following, that is to say, &c. And moreouer it is couenanted &c. that if it shal happen the said T. T. to decease in the life time of the said E. hauing a daughter or daughters, of the body of the said E. that he the said T. T. by his last will and testament, or otherwise, by some act to be executed, or caused to be executed, in his life time, shall make such conueyance. assurance or prouisoes, that euery such daughter or daughters, at her or their seueral ages of xviii. yeares, may be truely satisfied, contented and payed, of the summe of C. l. &c. to and for their preferment of mariage. And it is further concluded betwixt the said parties, that it shall and may be lawful to the said T. T. by the consent of the said R. T. his sonne, to exchange any part of the premisses for other lands (except before excepted) so as the said T. T. take and haue to him and his heires males, assured lands and tenements, of as much value or more as the lands or tenements, which he the said T. T. shall giue away in exchange, shall amount vnto, any thing &c. notwithstanding. And the said T. T. also couenanteth and granteth, to & with the said &c. that within one moneth next after the solemnizatiō of the mariage, he the said T. T. shall graunt vnto the said A. B. by his sufficient deed in writing and with a suficient clause of distresse, one annuitie or rent charge of C. l. to be going out, and to be perceiued out of al the said manors, lāds, tenements (the winture of the said E. and all lands wherein she hath or shal haue any estate for terme of her life, as is aforesaid only excepted) during the life of the said A. B. to take effect, presently after the solenmization of the said mariage, and to be payable at the feastes of &c. by euen portions: the first payment thereof to be at such of the said feastes, as first shall happen after the said mariage. In witnesse whereof &c.

[Page]

¶ Couenants of mariage of a King.

HEe Indentura facta inter p̄clariff. & sereniss. Dei gratia I. S. regē Sect. 83. ex vna parte, & dn̄am M. eadem gratia excellent̄, potent̄ ac metuendiss. principis H. dei gratia regis Angliae, Franciae, & Hib. &c. & Prae clarissimae illustrissimae dominae E. nuper reginae Ang. consortis suae f [...]liam primogenitam, & praefat̄ Regi S. per verba de p̄senti matrimon̄ cōtract' dispensat̄ ex alia parte, testatur quod cum praefat̄ sereniss. S. Rex per literas suas patētes, magno sigillo suo sigillat̄ ac signo suo manuali subscript̄, Dat̄ apud E. die mensis I. vltimo, dederit & concesserit praefat̄ M. principi castrum & villam de D. & maneris de N. & P. in regno S. cum suis membris, iuribus, proficuis, commoditat̄ & ꝑtinent̄ quibuscunque annui valoris sex millium librarum legalis & vsualis monetae S. iam currentis & habentis cursum in regno Scotiae, Et quae cōstituunt 2000. libr̄ sterling or̄ monetae iam currentis & habentis cursum in regno Angliae. Habendum & tenendum praefat̄ sereniss. principi M. ad terminum vitae suae naturalis, prout in eisdem literis patentibus inter alia plenius apparere poterit: praefat̄ M. princeps bono laeto & pergrato animo tradidit & dimisit & per presentes concedit p̄fat̄ illustriss. principi S. regi omnes & fingulos fructus redditus & prouentus ex predictis castris, villis, dominijs, manerijs, terris, & praedictis redditibus prouenientes & crescentes. Saluis & exceptis & p̄fatae M. durante vita sua naturali reseruat̄ ad vsum s [...]m ꝓprium de eisd' fractibꝰ, redditibus & puentibꝰ summa mille libra [...] legalis & vsualis monetae S. iam currentis & habentis curs [...]m in regno S. quae faciunt & constituunt quingentas marcas sterlingorum monetae iam currentis & habentis cursum in Regno Angliae, Recipiēd' annuatim per dict' regem S. vel per eius deputatos seu seruientes & praefat̄ M. principi ad vsum suum proprium ad festa Pasche & Sanct' Michaelis Archāgeli equis portionibus deliberād' & soluend'. Et praeter & vltra dictas mille libras monetae S. supportand', exhibend', p̄stand' & ministrand', supportari exhiberi praestari & ministrari faciendo durante vita ipsius illustriss. principis sumptibus & expensis eiusdem regis praefat̄ M. principi omnia & singula quae ad apparatum corporis sui, ornatum domorum suarum, vecturas, equitatus, suppellectilem, vtensilia, victum ac vestitum, ac rem familiarem & domesticam & alias res quascunque, secundum honorem, statum, gradum & dignitatem ipsiꝰ M. principis necessaria fuerint seu quo modo libet condecētia, necnon familiaribus domesticis & seruiē [...]bus suis tam viris quam feminis, quorum quidem seruient̄ [Page] viginti & quatuor erunt Anglici, partim viri, partim feminae, ad optionem & electionē ipsius M. principis, esculenta, poculenta, stipendia, vestitus, vesturas, equitatus, ac omnia & singula alia quae eisdē familia [...]ibꝰ, domesticis, & seruientibus secundum honorē & cōdecentiam status & dignitatis ipsius M. similiter necessaria fuerint seu conuenientia, supportando, exhibendo, praestando & ministrando, supportariue & exhiberi praestari & ministrari faciendo. Et quoties & quā do contigerit aliquem vel aliquam dict'seruient̄ suorum Angl'obire, totiens & tunc licebit eidem M. durante vita sua in loco demortuor̄ vel demortuarum vsque ad numerum duodecem personarum alios vel alias Anglicos vel Anglicas ad sumptus & expensas praedict' substituere, & subrogare: licebitque praefat̄ M. praedict' summā mille librarum & quamlibet inde parcellam de tempore in tempus durant̄ vita praef, illustriss, principis S. regis, in vsus ipsius M. proprios & alienos vsus sine impedimento ip sius I. S. regis vel cuiuscunque alterius libere ad votum suum committere & disponere. Et si contingat prefatā M. principē pred sereniss regem S. superuiuere & post mortem eius superstitem fore, licebit praef. M. principi post mortē eiusdē I. Regis S. perfectā realem & corporalem possessionē statum & titulum suos in praed' dominijs, villis, manerijs, terris praed' & redditibus durante vita ipsius M. principis continuare & retinere, fructus (que) exitus, proficua, & redditus ex eisdem prouenient̄ vbicunque p̄f. M. post mortem ip sius S. regis habitare vel morari, vel ad quae cunque regna vel partes extra idē regn̄ S. se trāsferre vel migrare placuerit vel contigerit, pacifice integre & plene sine aliquali diminutione, impedimento, expulsione, interruptione vel contradictione hered' vel successorum praefat̄ serenissimi domini regis S. vel alicuius aut aliquorum aliorum quorumcunque durante vita ipsius M. principis ad vsum suum proprium percipere & habere, ista praesenti concessione seu dimissione in aliquo non obstante &c.

¶ A conueiance in iointure to sundrie vses restraining alienation and reseruing power to make iointures and leases.

THis Indenture &c. Betweene F. M. and A. his wife and E. M. Sect. 84. sonne and heire apparant of the said F. M. and B. nowe wife of the said E. M. and daughter of R. S. on the one partie, and the saide R. S. on the other partie, Witnesseth, that in consideration of a mariage already had and solemnized between the said E. M. and the said R. S. and for a competent and sufficient iointure to be had and made [Page] to and for the said B. in case shee shall happen to suruiue or ouerliue the said E. her husband: And for a iointure also to be had and made to and for the said A. if she the said A. shall fortune to suruiue and ouerliue the same F. And in consideration also that the mannors &c. hereafter mencioned shall and may for so long time as it shall please almightie God, be, remaine and continue in the name, blood and kindr [...]d of the said parties, & euery of them as hereafter in these presents is expressed and declared. It is now therefore couenanted, granted, concluded and fully agreed by and betweene the said parties to these present Indentures, And euery of the said parties, for himselfe, his heires, executors, administrators and assignes, and euerie of them by these presents doth couenant, graunt, conclude and agree to and with the other of them his heires, &c. and euerie of them by these presents in maner and forme following (that is to say) First the said F. M. for the causes and considerations heerein before specified, and to the intent his last will may be performed, for himselfe, his heires, &c. and euery of them doth couenant, grant, conclude, and agree to and with the said R. S. his heires, executors and administrators, & euery of thē by these presents that the said F. M. or his heires at their or some of their owne proper costs and charges in the law on this side or before the feast of &c. next comming after the date hereof by his or their deed or other conueiance or assurance sufficient in the law, shall and will wel and sufficiently conuey and assure or cause to be cōueied & assured vnto T. E. and A. E. and their heirs for euer, al those the manors and lordships of &c. And also the seuerall moities of al those the manors & lordships of &c. And that the said deed & other conueiance & assurance before mēcioned to be made and euery of them shall be and inure, and shalbe adiudged esteemed and taken to be and inure, And also that the said T. E. and A. E. and either of them, and the suruiuor of them, and his heires, and all & euery other person & persons now standing or being seised of, or in the said manors &c. and other the premisses or any parcell thereof, for the said considerations herein before expressed, at all times from and after the said feast of &c. next comming, or from & after the said conueiance or assurance had or made, as is aforesaid, which soeuer of them shall first happen, shal stand and be seised of, and in the same and euery part thereof, to the vses & intents hereafter in these presents expressed. That is to say, to the vse and behoofe of the said F. M. and of his assignes for and during the ioint liues of him the said F. M. and the said E. M. his sonne without impeachment of any maner of wast. And from and after the decease of the saide F. in [Page] case the said F. shall fortune to depart this present life during the life of the said E. M. his sonne, Then as for and concerning the said manor and Lordship of T. with all his rights, members and appurtenances, to the vse and behoofe of the said A. now wife of the said F. M. and of her assignes for and during the terme of her naturall life (if the said E. M. the sonne shall happen so long to liue.) And from and after the decease of the said E. M. Then as for and concerning the Scyte or chiefe mansion house &c. to the onely vse and behoofe of the said B. for terme of her naturall life, for, and in full satisfaction and recompence of all such Ioynture and Dower, as to the same B. shall, or of right ought to belong or appertaine, by, from or after the decease of the said E. M. her husband. And as for and concerning the residue of the said manor of &c. to the onely vse and behoofe of the said A. and of her assignes absolutely for terme of her life in ful satisfaction of the Iointure of the said A. And as for and concerning the reuersion and reuersions, remainder or remainders of the said manor &c. as the said vses, estates and interests thereof herein before limitted or expressed, shall be fully ended and determined, And for and concerning the said manor of &c. as the estates and interests thereof before limitted or expressed in these present Indentures shall fully end and determine: Then to the vse & behoofe of the said F. M. for terme of his naturall life without impeachment of any maner of wast. And from and after his decease, then to the vse and behoofe of E. M. for terme of his life without impeachment of any maner of wast. And from and after his decease to the vse and behoofe of the first sonne to be begotten by the body of the said E. M. and of the heyres males of the same first sonne lawfully begotten. And for default of such issue then to the vse and behoofe of the second sonne to be begotten by the body of the said E. M. and of the heires males of the same secōd sonne lawfully begottē. And for default of such issue &c. to the vse of so manie other sonnes as shal be thought meet in forme aforesaid &c. And for default of such issue, then to the vse and behoofe of euery other the sonnes to be begotten by the body of the said E. M. successiuely as they shalbe in senioritie or age, and of the heires males of their seuerall bodies lawfully begottē. And for default of such issue, then to the vse and behoofe of all and euery the daughters which the said E. M. shal haue begottē on the body of the said B. at the time of his decease being then vnmaried, and of their assignes from and after such time as each of them shall haue accomplished their seuerall age of xviii. yeeres, or be maried, to, & vntill such time as euery of the same daughters [Page] successiuely one after an other, as they shall be in senioritie or in age, shal or may leuie, receiue and take to euery of their owne proper vses and behoofes of the rents, profits and issues of the premisses the seuerall summes of three hundreth pounds a peece of currant money of Englande: or otherwise shall be fully satisfied, contented, or payd of the same seueral summes by such person or persons to whom the next and immediate reuersion or remainder of the premisses shall then by the intent and true meaning of these presents of right belong and appertaine, And from after such time as the said seuerall summes of three hundreth pounds shall be fully leuied, receyued, or paid, as is aforesaid &c. And for default of such daughters which soeuer of them shall first happen: Then to the vse and behoofe of T. M. second sonne of the said F. M. for terme of his naturall life, without impeachment of any maner of wast. And from and after his decease then to the vse and behoofe of the first sonne to be begotten by the bodie of the said T. M. and of the heires males of the bodie of the same first sonne lawfully begotten. And for default of such issue &c. (to other sonnes and daughters as here before.) And so to as many sonnes of the donour by name as shal seeme good in maner aboue said. And for default of such issue, then to the vse and behoofe of the said E. M. and of his heires for euer. And as for and concerning the said Moyties of the said &c. to the onely vse and behoofe of the said F. M. and of his assignes, for, and during the terme of his naturall life without impeachment of any maner of wast. And from and after his decease, then to the vse and behoofe of the daughters of the saide F. M. that is to say M. E. F. and C. and of L. M. daughter of the said E. M. as shall bee vnmaried at the decease of the saide F. M. and of their assignes, for, and vntill such time as euerie of the said daughters so vnmaried at the time of the decease of the said F. M. one after an other as they shall bee in senioritie, or in age, shall or may fully haue, leuie, receiue, and take of the rents, issues and profites thereof, for, and towardes their seuerall prefermentes and mayntenance, the summe of three hundreth poundes a peece of good &c. And from and after such time as the said seuerall summes of three hundreth pounds a peece, shall, or may be had, leuied or taken as is aforesaid, Then to the vse and behoofe of the executors and administrators of the said F. M. for and during the terme of ten yeeres, then next following, for, and towardes the payment of the debtes of the said F. M. the Father, and for and towards the performance of his laste will and Testament. And from and after the ende and expiration of the [Page] said terme of ten yeares, Then to the vse and behoofe of the said E. M. for terme of his naturall life, without impeachment of anie maner of Wast. And from and after his decease, then to the vse and behoofe of the first sonne to be begotten by the bodie of the saide E. M. and of the heires males of the bodie of the same first sonne lawfully begotten. And for default of &c. vt supra. And the saide F. M. the father for himselfe his heires, executors, and administrators, couenanteth and graunteth to and with the said R. S. his heires and assignes, and euerie of them by these presents, That hee the sayde F. M. the father, his heires, executors, administrators, or assignes, or some of them shall and will at all times, from, and after the decease of the said E. M. well and sufficiently acquite and discharge, or saue harmelesse the said mansion house, landes, &c. and all other the premisses heerein before limitted or appointed, to, and for the iointure of the saide B. and euerie parte or parcell thereof, of, and from all and all manner of former bargaines, &c. whatsoeuer had, made, done, caused or knowledged by the said F. M. or any other person or persons by his title, assent, meanes or procurement. The rentes and seruices from thenceforth to bee due to the chiefe Lord or Lordes of the fee or fees of the premisses, And &c. onely foreprised and excepted. And further that hee the said F. M. and his heires and assignes and euerie of &c. for further assurance in the law, suertie, sure making and conueying of all the said manors, lands, tenements and other the premisses, and euerie part thereof to bee conueied and assured to the seuerall vses, purposes and intentes herein before expressed, and according to the intent and true meaning of these presents, Be it by fine &c. Neuerthelesse, it is alwaies prouided that it shall and may be lawful to and for the said E. M. T. M. R. M. G. M. and I. M. the sonnes & to and for euery of them, and to and for all and euery of the issues males to whom any interest or estate is herein before limitted in the premisses or any part thereof, and being seised in demesne of any estate of freehold or inheritance, of, or in the premisses or any parcell thereof not being expectant vpon any other estate or estates at his and their & euery of their free wils, liberties & pleasures, to make any lease or leases for terme of iii. liues or xxi. yeares or vnder, & not dispunishable neither without impechment of wast to any person or persons, of all and singular the said manors, lands, tenements & other the premisses in T. [...]. &c. (vt supra) before mencioned, and euery or any of them or any part or parcell thereof, other then of the scite or demesne lands &c. whereupon the olde and [Page] accust [...]med yerely rents or more shall be reserued to continue during the same lease or leases so to be had or made, And that all such leases so to be made, shalbe good and auaileable in law to al intents & purposes. And that at all times from and after the making of all and euery such lease or leases, the said conueiance & assurance shalbe, And the said T. E. and A. E. and their heires and assignes and euerie of them, and al and euerie other person and persons then standing or being seised of, or in the premisses so to be demised or letten or any part or parcel thereof, shal stand and be seised thereof, and of euery part & parcell thereof, as for & concerning only al and euery the same lands, tenements, and hereditaments, so to be demised or leased, as is aforesaid, to the vse of al and euery such person or persons, their executors, administrators or assignes, to whom any such lease or leases shall bee so thereof made, and according to the true intent and meaning of all & euery the same lease or leases and of these presents: So alwaies as the same lessees, their executors, administrators, & assignes, and euery of them do wel and truly yeeld or pay, or cause to be yeelded & paid the seueral rent and seruices in the same lease and leases, and euery of them to bee reserued, to such person and persons for the time being, as by the intent and true meaning of these presents shal haue the next and immediate reuersion or remainder of the same premisses so to be leased, at the daies and feasts to bee comprised in al & euery the same leases, or within [...]l. daies next ensuing euerie of the saide dayes and feastes. And after the expiration of the same lease or leases, and euery of them as they shall seuerally end and determine, then the saide conueiance and assurance shall be and inure, And the said T. E. and A. E. and all and euery other person and persons, then standing or being seised of, or in the premisses so to bee demised or letten, or any parcell thereof, shall at all times from thence forth stand and be seised of, and in the same and euery part or parcell thereof, to such vses, puposes & intents as bin before in these presents expressed and declared, and as by the true intent and meaning of these presents they should or ought to haue done, if no such lease or leases had beene thereof at any time had ne made, any matter or thing to the contrarie thereof in any wise notwithstanding. Neuerthelesse, it is alwaies prouided and fully couenanted &c. by and betweene the said parties to these present Indentures & euery of them, that if the said E. T. M. R. M. G. and I. M. or any of them or any the heires of their seuerall bodies to whom any vse or vses, estate or estates, of or in the said manors, landes, &c. before mencioned, or any part or parcell thereof by these presents is [Page] limitted, declared, appointed, or agreed to be conu [...]ied in maner and forme aforesaid, shall at any time after the said assurance had & made as is aforesaid, aduisedly, wittingly, determinatly, & effectually procure or assent, to, or for any act or acts, thing or things, for any bargaine, sale, discontinuance, alienacion, exchange or forfeiture to be had or made of the said manors, lands, tenements, hereditaments and other the before named premisses, or any part or parcell of them or any of them, to him, them or any of them, as is aforesaid, by these presents limitted, declared or agreed to be conueied in vse or in possessiō, whereby any estate of the premisses or any part or parcell thereof, in vse or possession, mencioned, limited or declared by these presents, may, should, or might in any wise, or by any meanes be vndone, discōtinued, barred, determined or forfeited. And the same bargain, sale, discontinuance, alienation, exchange or forfeiture, or any other effectuall thing or acte towards the same effect, shall attempt, cause, procure, command, or wittingly or willingly assent vnto, or suffer to be attempted, gone about to be executed, performed, prosecuted, or put in vre, by the knowledging of any note or notes, of, or for any fine or fines to be leuied, or by knowledging of anie warrant or warrants of Attorney or Attorneis, for any recouerie or recoueries to be pursued, or entrie into any warranty by any meanes whatsoeuer, or by knowledging any warrant for the same, or by any purchase of anie writ or writtes by them or any of them, or by any other by their or any of their assent or consent, by apparance or otherwise, to any writ or writs of the premisses, or any part or parcel therof, or to any thing in them or any of them, or by knowledging of any deed or deeds, writing or writings to be enrolled, or by any other effectual act or actes, thing or things whatsoeuer whereof or whereby any bargaine, sale, discontinuance, alienatiō, exchange or forfeiture shal and may insue: That then immediatly from and after the time of such procuring, attēpting, causing, cōmanding, willingly assenting, suffering, or going about, in maner and forme as is aforesaid, And before any such bargaine, sale, discontinuance, alienation, exchange or forfeiture perfected, executed, cōmitted or done, the said vse and vses, estate & estates, limitted and declared in these presents vnto him, or them, and to as many as so shall attempt, cause, procure, commaund, or wittingly assent or suffer any such act or acts, thing or things to be prosecuted, executed, performed, done or put in vre or gone about to be executed, done, performed, or put in vre, in maner and forme before declared, whereupon any bargaine, sale, discontinuance, alienation, exchange [Page] or forfeiture shall, may or might ensue, contrarie to the true intent and meaning of these presents, of and in such and so much of the said manors, landes, tenements and hereditaments, with the appurtenances, for the which any the thing or things aforesaid shall be so attempted, caused, procured, commaunded, assented or suffered to bee executed, performed, done or put in vre, or gone about to bee executed, performed, done or put in vre, contrarie to the true meaning of these presents, shall cease as in respect onely and hauing regarde to such person or persons, onely so attempting, procuring, causing, commaunding, willingly assenting to, suffering or going about any such acte or actes, thing or things aforesaid, as if such person or persons so attempting, causing, commanding or procuring were naturally dead & not otherwise. And that then and in such case it shall be lawfull to and for euery such person and persons, to whom the vse and possession thereof should come, grow, or be by the true intent and meaning of these presents, to enter and to enioy the same, as if such person or persons that so shall procure or assent to or for any such acte or acts, thing or things to be done or attempted, were naturally dead & in none otherwise, & of such and the like estate & estates, and in like maner and forme to all intents and purposes, and with like remainders in vse ouer, and with like limitations and cōditions, as the same should haue comne, growen or beene, if the same person that so shall procure or assent to or for any such acte or actes, thing or things to be done or attempted, at or immediatly before the time of such procuring or assenting were naturally dead, and in none other manner.

And the said R. S. on his part and in consideration of the said mariage doth for himselfe, his heires and executors, couenant, promise & grant to and with the said F. M. his heires and assignes and euery of them by these presents: That hee the said R. S. or his heires, at his or their, or some of their owne proper costes and charges, shal and wil before the feast of &c. next comming after the date hereof, well & sufficiently conuey and assure, or cause &c. (vt supra like in all things to the making of the conueiance made by the said F. M.) Which conueiance and assurance so to bee had and made of the said manor of C. &c. and al other y^• premisses last before mentioned, or any part or parcell thereof, as is aforesaid, And al other conueiance & assurance therof, or of any part thereof to bee had or made, at any time or times on this side or before the feast of &c. shalbe, and al persons standing or being seised of or in the said premisses last mēcioned, or of any part therof, at all times from and after the said feast, or from or after the saide [Page] conueyance and assurance last mentioned so had and made, as is aforesaid, which so euer shall first happen, shal stand and be thereof and of euery part and parcel thereof seised to the vses, intents and purposes, hereafter in these presents expressed and declared, & to or for none other vse, intent or purpose: That is to say, to the vse & behoofe of the said R. S. and of his assignes, for and during the terme of his natural life, without impeachment of any manner of waste. And from and after the decease of the said R. S. to the vse & behofe of the executors, administrators & assignes of the said R. S. for and vntill the full end and terme of foure yeres next and immediatly ensuing the decease of the said R. S. and from and after the said terme of foure yeres being fully ended & expired, Then to the vse and behoofe of the said E. M. and B. and of the heires males of the bodie of the said B. by the said E. M. lawfully begotten. And for default of such issue, then to the vse and behoofe of the heirs females of the said B. by the said E. M. lawfully begotten. And for default of such issue, then to the vse & behoofe of the heires of the body of the said B. lawfully begotten. And for default of such issue, then to the vse and behoofe of E. S. wife of H. S. and F. H. now wife of I. H. other two of the daughters of the said R. S. and of the heires of their two bodies lawfully begotten. And for default of such issue, thē to the vse of such person & persons & their heires, as the said R. S. shall by his last will and Testament in writing, or by any other his deed Indented by him to be sealed and subscribed with his name and proper hād writing shalbe to that end named and appointed, and that in such sort with such limitations and conditions, as therein shall be named and appointed. And for want of writing and such last will and testament, and after thuse & estates herein before in these presents limitted or expressed beyng fully ended: Then to the onely vse & behoofe of the said R. S. & of his heires & assignes for euer, & to none other vse, purpose, or intēt. Prouided alwaies, that if &c. E. M. vt supra ex parte F. M. And mortouer it is couenanted, granted, concluded, condiscended, and fully agreed, by & betweene the said parties to these present Indentures, & euery of the said parties for himself, his heires and assignes doth couenant, grant, conclude, and agree, to and with the other of them, their heires and assignes, and euery of their heires and assignes and euery of them by these presents, that aswell the said F. M. and R. S. and their heires, & the heires & assignes of either of them, as all and euery other person and persons now stāding or being seised, or which at any time or times from or after the said feast of &c. next comming after the date [Page] hereof shall stand or be seisid, of, or in the said manors, mesuages, lā [...]s, tenements, and other the premisses before in these presents mentioned or expressed, or euery or any part or parcell thereof, which before the said feast of &c. next comming shall not be sufficiently conueied & assured vnto the said T. E. and A. E. and their heires, to the seuerall vses, purposes & intents herein before expressed at all and euery time and times, from and after the said feast of &c. next comming, for the considerations aforesaid shal stand and be seised, of, or in the same and euery part and parcel thereof, to the vses, purposes and intents before here in these presents expressed and declared, according to the intēt & true meaning of these presents, and to none other vses, intents & purposes: any matter or thing to the contrarie thereof in any wise notwithstanding. In witnesse whereof the parties aforesaid to these present Indentures interchangeably haue set their handes and seales. Dated the day and yeare first about written.

¶ Couenants of Mariage and for a Iointure.

THis Indenture made &c. betweene R. C. of thone partie, & A. C. of Sect. 85. the other partie, Witnesseth, &c. For & in consideration of which mariage so to be had & solemnized betweene the said parties in forme aforesaid, And for and in consideration of the summe of fiue C. marks of &c. before hand paied, whereof the said &c. And for the natural loue and affectiō which the said I. C. beareth vnto the said F. his brother and heire apparant, And for a Ioynture to be made after mariage had to the said A. the intended wife of the said F. and for the extinguishment of one annuall rent or annuitie of x. l. or thereabouts, claimed by the said F. out of the lands, tenements, and hereditaments of the said I. C. by reason of the last will and testament of I. C. deceased his late father and otherwise, and also for diuers other good considerations him mouing, he the said I. C. for him his heires, executors, and administrators, and euery of them doth by these presents couenant, graunt, promise, and agree, to and with the said R. C. his heires, executors and administrators, and euery of them, that he the said I. C. is lawfully seised of an estate of inheritance; of and in the manor of F. &c. and of, & in diuers &c. of the cleere yerely value of an C. pounds or more. And that he the said I. C. his heires or assignes, within fortie daies next after the solēnization of the said mariage to be had betweene the said F. and A. in forme aforesaid, shall make and execute, or cause to be made & executed vnto the said F. C. and A. his intended wife, one good, sure, lawful and sufficient demise or lease in [Page] writing for the liues of the said F. and A. & the longer liuer of them, And shall thereupon execute estate of the same by liuerie of seisin, and by atturnement of all the tenants thereof, or otherwise in due forme of law make sufficient assurance & conueiance of all that the said manor of &c. and of &c. Except &c. To haue and to holde the saide manor of F. & all the land, tenements, & other hereditaments, with the appurtenances thereunto belonging or appertaining, (except before excepted) to the said F. C. and A. his intended wife for terme of their two liues, and the longer liuer of them, reseruing in the said lease to the said I. C. and his assignes during his life the yearly rent of twenty pounds at 2. vsuall feasts in the yeare to bee paid: That is to say, at the feast of Saint Philip and Iacob, and at the feast of Saint Michael tharchangel by euen portions, with a clause of distresse & nomine penae to bee contained in the said lease, That if the said rent or any part therof be behind at any of the said feasts, during y^• life of the said I. before limitted, and by the space of fortie daies after, it being lawfully demanded, that then the said F. C. and A. his wife, and the longer liuer of them, shall forfeit and pay to the said I. C. his heires and assignes, ouer and aboue the said rent so being behinde and vnpaied fiue poundes of lawfull English money nomine penae, & with a clause of distresse, aswel for the said summe of [...] ▪ poūds nomine penae, as for the said yeerely rent of xx. pounds so to be reserued by the said lease. And also with a couenant to bee contained within the said lease on the behalfe of the said F. and A. that the said F. and A. and the longer liuer of them shal frō thenceforth suffi [...]iently repaire, vpholde, maintaine, and keepe the said manor and all other the premisses with their appurtenances together with all the buildinges, seadickes, walles, bankes and fences belonging to the same, in all maner of necessarie and needfull reparations, when and so often as neede shall require, during the said estates for life of the said F. and A. and the longer liuer of them before limitted, at the proper costes and charges of the said F. and A. and the longer liuer of them. And that the said F. and A. and the longer liuer of either of them, shal also during the estates of the longer liuer of them pay all manner of outrents due to be paid and going out of the premisses before limitted, For the better perfecting and assurance of which said lease, & for the assurance of a ioiuture to bee made to A. now wife of the said I. C. and for the extinguishing of all titles of Dower of the said A. nowe wife of the said I. in all the hereditaments in F. and B. aforesaid, and in all other the manors and hereditaments of the said I. C. And for [Page] the defeating and making voide of all former supposed auncient intailes whatsoeuer of the said manors, landes, and hereditamentes, before leased by these presents, in manor and forme aforesaid, wherby the said lease may the better be perfected and made sure, without any scruple or doubt in law. And for the establishment of a great part of the inheritance of the said I. heereafter mencioned to the heires males of his house, And for diuers other good causes & considerations him mouing, he the said I. C. doth further couenant &c. that he the said I. C. & the said A. his wife, at the only costes & charges in the law of the said Sir R. C. and his heires, shall within one halfe yeare next after the mariage aforesaid, acknowledge and leuie a fine with Proclamations according to the Statute in that case prouided, before the Iustices of the Common pleas at Westminster in due forme of Law, according to the common course of fines in such cases vsed, vnto I. T. R. S. H. V. and A. G. aswell of and in the said manors, and all other the premisses with the appurtenances in F. and B. aforesaid, being now of the value of C. pounds, as also of the manor of T. with thappurtenances, ouer and aboue all yearely charges and reprises, by the names of the manors of F. and T. with thappurtenances &c. or by the like names in effect, by which fine with Proclamations or the like in effect, or by any other name or names whatsoeuer, so to be leuied and knowledged in forme abouesaid, hee the saide I. C. shall knowledge the same manors and all other the premisses with the appurtenances by the names aforesaid, or the like in effect to bee the right of the said conusee, or one of them, as that the said conusees haue of his right. And by the same fine shall remise, release and quite claime the saide Manors, landes, tenementes and hereditaments, and all other the premisses with their appurtenances, from him and his heires to the said Conusees and their heires, or to the heires of one of them for euer. And further shall by the same [...]ine so to be leuied and knowledged in forme aforesaide, warrant the said manors, landes, tenements, and hereditaments, and all other the premisses with their appurtenances to the said Conusees and their heires for euer against all men: which said fine with Proclamation or the like in effect, so to bee leuied and knowledged for the consideration abouesaid shalbe, and the Conusees therein named, their heirs and assignes shall stand and bee seised by vertue and force thereof to the seuerall vses and intentes, and vpon the considerations in these presents hereafter seuerally expressed and declared, and to none other vse, intent, or purpose: That is to say, of and in the saide Manor [Page] of F. &c. and of &c. to the vse and behoofe of the said I. C. and of the heires males of the bodie of the same I. lawfully begotten. And for default of such issue to the vse and behoofe of the said F. C. and of the heires males of his bodie lawfully begotten, and for default of such issue to the vse and behoofe of the said I. C. and of his heires for euer. And of and in the said mannor of T. &c. and of all &c. to the onely vse and behoofe of the said I. C. and A. now his wife, and of the heires males of the bodie of the said I. C. begotten, for and in full recompence and satisfaction of all titles of Dower and Iointure of the said A. of and in all tenements and hereditaments of the said I. And for default of such issue, then to the vse and behoofe of the said F. C. and of the heires males of his bodie lawfully begotten, And for default of such issue, then to the vse and behoofe of the said I. C. and of his right heires for euer. And the said I. C. &c. doth couenant &c. that the said Mannors of F. &c. now be, and at the time of the saide lease and assurance to be made, shall be, and so shall and may continue and be for euer hereafter clearely acquited, discharged &c. and incumbrāces whatsoeuer had, made or done by the said I. C. or by any others for him, in his name, or by his meanes, assent or procurement &c. And that the said F. and A. and their assignes paying the aforesaid rent of twentie pounds, at the feastes aforesaid, shall, and may during their liues and the longer liuer of them at all times from and after the said mariage so had and solemnized, haue, hold and enioy the said Manor of F. &c. (except before excepted) according to the intention of the lease aforesaid, without any lawfull let or interruption of the said I. C. his heires or assignes. Prouided alwayes, and it is couenaunted, graunted, condiscended, concluded and fully agreed betweene the said parties to these presents, that if the said I. C. or any the heyres males of the bodie of the said I. lawfully begotten at any time hereafter shall earnestly and effectually by open deede or act intende, go about or atrempt any Act or thing, deede or deuise to bee done or suffered, whereby the sayde Mannors of F. and &c. or whereby any vse or vses, estate or estates of the same mannors, or any of them, or any part of any of them, or other the premisses in the saide Townes last recited, or any of them shoulde, might or shalbee discontinued, aliened, auoyded, changed or determined, Or otherwise shall charge or incumber the same manors or any of them or any part of any of them, or other the premisses in the said Townes of F. B. T. F. W. K. A. and S. aforesaid, otherwise then with such charges and incumbrāces as shall onely indure during the life of the [Page] said I. C. or during the onely life or liues of such heires as so shall charge or incumber, as is a foresaid, or otherwise then with such incumbrances by leases, as be now left at the libertie of the same I. to do by these presents, or with leases of the said manor of T. or of anie parcell of the premisses in T. F. A. W. K. and S. for twentie one yeares at the most, wherupon the accustomed rent or more shal be reserued and payable during the terme thereof: That then and from thenceforth the vse of the same I. C. and A. his wife and of the heires males of the body of the said I. in such of the premisses as shall be enterprised and vsed contrarie to the true meaning aforesaid, shal from thencefoorth cease. And then and from thencefoorth the saide I. T. R. K. H. V. and A. G. and their heyres shall stand and be seysed of the same Manors and other the premisses, and euery part of euery of them so enterprised or vsed, contrarie to the meaning aforesaide, to the onely vse of the same F. and the heires males of the bodie of the same F. lawfully begotten. And for default of such issue to the vse of the right heires of the said I. C. for euer.

Prouided also, and it is couenanted, graunted, condiscended, concluded and fully agreed betweene the said parties to these presents &c. (vt supra for the other landes.) And for the preferment of the heires males of the bodie of the said F. C. in remainder after the death of the said I. C. hauing issue male of his bodie, he the saide I. C. doth further couenant, graunt, condiscend and conclude for him his heires, executors, administrators and assignes, to and with the said R. C. his heires, executors, administrators and assignes by these presents, That if it fortune that the said I. C. at any time hereafter during his life to haue any issue male of his bodie lawfully begotten, that then he the said I. C. his heyres, executors, or administrators within one yeare next after such issue male of his bodie so had, and it beyng then in life, shall vpon the reasonable request of the said R. and of his heires as well by fine as other good lawfull and sufficient assurance and conueyance in the law at the onely costes and charges in the law of the said I. C. sufficiently assure and conuey or cause to be assured or conueyed to certaine feoffees by the same R. his heires or assignes to be nominated and appointed certaine other landes, tenements and hereditaments to the ful and cleere yearely value of xx. l. ouer and aboue all charges and reprises to the onely vse of the said I. C. for terme of his life without impeachmēt of wast. And after his death then to the vse and behoofe of the same I. & of the heires males of his body lawfully begotten, for, and vntil such time as the same F. [Page] shall haue issue of the bodie of him the said F. and the said A. lawfully begotten. And after to the vse of the same F. for terme of his lyfe, without impeachment of waste, And after his death to the vse of the heires males of the body of the said F. lawfully begotten of the said A. And for default of such issue to the vse of the right heires of the same I. for euer discharged or otherwise from time to time thenceforth to be saued harmelesse of all incumbrances, had, made, suffered, procured, or done by the same I. or his heires. In witnesse whereof &c.

¶ Couenants of Mariage.

THis Indenture made &c. betweene P. S. M. W. & L. S. on the Sect. 86. one partie, And T. P. the elder & R. T. on thother party, Witnesseth, that where the said P. by Gods grace shall shortly marie, and take to his wife A. B. widow, And likewise the said A. &c. In cōsideration of which mariage to be had and solemnized, it is couenaunted &c. (that is to say) the said P. S. M. W. and L. S. and euery of them for &c. that the said P. at, and immediatly after his decease shal leaue vnto the said A. to her owne proper vse, if she be then liuing, all and singuler such lease and leases, goods, cattels, plate, iewels and money as shee shall bring with her to the vse or possession of the said P. The true values whereof are expressed, and do appeare in an Inuentory indented to these presents annexed, or the true value of the same according as the same are valued in the said Inuentorie without any wilfull wast, spoile, destruction, or diminution thereof, or of any part thereof to be had, made or done, of, in, or vpon the same, or any part thereof by the said P. or any other by his procurement or means, to thintent to defraud the same A. or her assignes of the same. And also that he the said P. shal then at the time of his decease leaue, giue or lawfully conuey and assure vnto the said A. to her proper vse, goods, cattels, plate, iewels, & ready money of the proper goods of the same P. to the value of 200. l. &c. ouer & aboue the said leases, goods, cattels, place, iewels, and money specified in the same Inuentorie, without any fraud or guile by him &c. done or wrought therin to defraud her of y^• same. And also shal immediatly after his decease leaue, giue, bequeath or by other lawful meanes in the law assure & conuey to the said A. to her proper vse al the Farme or Manor of &c. & all his lease, or terme of yeeres that he hath, or then shall haue in &c. & that the executors or administrators of the said P. shall within one halfe yeare next ensuing after his decease well and truely deliuer, or cause [Page] to be deliuered to the hands, vse, and possession of the said A. the said goods &c. to the said value of CC. l. & euery part thereof. And the Indenture of the said lease of the said manor of &c. whole, safe, and vncancelled and in full force and strength, for as many yeares as shal be at his decease to come of the aforesaid terme, without any act, thing, or things, fraud or couin by him or them, or any of them to be done or willingly suffered to the contrary. And furthermore the said P. S. M. W. and L. S. for them &c. couenant &c. That if it shall fortune the said P. at any time after the said mariage had betweene him and the said A. during their two liues to purchase, obtaine, get, or haue any landes, tenements, possessions or hereditaments in fee simple, or any estate of inheritance, that then the said P. shal within reasonable time after the said purchase, obteyning or getting of the said lands &c. from time to time cause the same lāds &c. to be assured and made sure to the said P. & A. and to the heires of their 2. bodies lawfully begottē, and for default of such heires to the right heires of the said P. And furthermore the said P. S. M. W. & L. S. for thē &c. couenant &c. that if the said P. at any time hereafter by the cōsent of the said A. shall purchase or buy any manors, lands, tenemēts, or hereditaments, with the money, goods, iewels, plate or cattels before by these presents couenāted and agreed to be left vnto the said A. being mentioned in the same inuētory, that then the said P. shall assure, and cōuey, or cause to be assured or conueied al the said &c. with their appurtenāces so to be purchased & bought at a reasonable time after or vpō the purchase hereof so had & made to y^• said P. & A. & to the heires of their 2. bodies betweene them lawfully begotten, & for default &c. (vt supra) Prouided alwaies, and it is fully couenanted, concluded and agreed betweene al the said parties by these presents, that if the said P. shall at any time hereafter by consent of the said A. bestowe and imploy all or any of her said goods, cattels, money, plate, iewels or leases before by these presents couenanted and agreed to be left to the same A. in, or vpon the purchase of the manor &c. and vpon, or after the said purchase do assure, and conuey the same manor so purchased &c. to the said P. and A. and to the heires of their two bodies lawfully begottē. And for default &c. that then the said P. M. and L. their he [...]rs &c. & thexecutors &c. of euery of them after the same purchase & assurance so had & made to the said P. & A. in maner & forme aforesaid, shalbe discharged of the paiment and deliuery of so much of the same money &c. aboue limitted to be left vnto her as the same manors &c. so purchased and assured to the said P. and A. & to their heires [Page] aforesaid, shall be duely proued to haue cost at the time of the buying and purchase of the same without fraud, couin, or guile any thing rehersed to the contrarie &c. And furthermore the said P. S. M. and L. &c. couenant &c. that he the said P. nor his assignes nor any other person or persons by his or their meanes, consent or procurement shal doe or commit, or wilfully permit or suffer to be done any act or acts, thing or things whereby such lease or terme of yeares as T. B. late husband of the said A. did giue vnto the said M. B. their daughter after the decease of the said A. by his last will & testament, might be determined, surrendred extinct or impaired, but y^• the said manor, lease, and terme of yeares immediatly after the decease of the said A. shal & may come to the said M. according to the will & testament of the said T. B. And also shal deliuer vnto the said M. at the day of her mariage or within one yeare after, the residue of all such goods, money, plate or houshold stuffe as the said T. B. her late father did bequeath to her by his last will & testament being duly proued to haue comne and remaine, & be in the hands & possessions of the said P. & A. And further the said P. S. M. & L. &c. couenant &c. that if it shall fortune the said A. to decease or depart this mortal world before the said P. without any issue of their two bodies betweene them lawfully begotten, that then the said P. within one month next ensuing after the decease of the said H. shall giue & pay, or cause to be paid to the said M. xl. li. &c. to buy a nest of goblets. And further, if it shal fortune the saide A. to decease before the said P. that then the said P. shall licence the said A. before her decease, to declare and make her last wil & testament in writing & by the same to giue & bequeath to any person or persons legacies to the value of &c. at her pleasure, & the same last wil and testament so made & declared &c. the said P. shal in all things performe and fulfill according to the tenor and true meaning of the same. In witnesse whereof &c.

¶ Couenants of mariage.

THis Indenture &c. Witnesseth, That it is couenanted and granted, concluded and agreed, by and betweene the saide parties to Sect. 87. these presents in maner and forme following. And first the said B. T. for himselfe &c. doth couenant &c. that T. T. his sonne and heire apparant, at or before the sixt day of Iune next ensuing the date hereof shal (by the grace of God) marrie and take to his wife A. R. daughter of the said T. R. if she wil thereunto assent, & the lawes of the church will that permit. And that hee the said B. T. his heires or assignes [Page] before the sixt day of I. at the reasonable costes & charges in the law of the said T. R. his executors or administrators, shall and will make or cause to be made such a good, sure, sufficient, and lawfull estate of al his manors and lordships of K. &c. vnto R. S. I. L. R. R. and T. R. & their heirs for euer, as shalbe reasonably deuised, aduised or required by the said T. R. or his heires, or by his or their counsell learned in the lawes of this realme, to the only vses and behoofes hereafter in these presents declared, that is to wit, that y^• said feoffees, their heirs, & assignes shal stand and be seised of al the said manors, tenemēts, hereditaments & premisses with thappurtenances in &c. to the vse and behoofe of the said B. T. and his heirs for and vntill the day of the solemnization of the said mariage, and from and after the solemnization of the said mariage to the only vse and behoofe of the said T. T. & A. for and during their 2. liues, and during the life of the longer liuer of them, and from and after their deaths to the only vse and behoofe of the said T. T. & to the heirs males of the body of the said T. T. of the body of the said A. lawfully begotten, & for default of such issue male, thē to the vse and behoofe of the said B. T. and the heirs males of his body lawfully begotten. And for default of such issue male, thē to the vse of the right heires of the said B. T. and his heires for euer. With a Couenant to saue harmelesse, Except the iointure or dower, or title of iointure or dower of L. now wife of the said B. and except all leases for yeares or liues &c. And except all such ancient estates taile as haue bin heretofore made of the said tenements and premisses, or of any part thereof, by any ancestor or ancestors of the said B. And except all such ancient waies and commons of pasture, estouers, quarrie and turbary, as haue time out of mind bin rightfully had and vsed in or through the same or any part thereof, if any such be. And except the chiefe rents and seruices, and other rents of ancient time due and accustomed to be paid, hereafter to become due or payable out, of, or for the premisses or any part therof. Here may be added Couenants of being seised &c. and of further assurāce to the vses abouesaid &c. and for quiet enioying &c. And of, and in one other tenement in &c. to the vse of the said B. during his life, & after the decease of the said B. then to the vse & behoofe of the said T. T. and of the heirs males of his body on the body of the said A. lawfully begotten, and for default of such issue, to the vse of the issues females of the said T. T. of y^• body of the said A. lawfully begotten, for, and during the space of so manie yeares after the deaths of the said T. T. and B. as there shall bee seuerall issues females of the bodies of the said T. T. and A. lawfully [Page] begotten liuing after the deaths of the said T. T. and B. if there [...] be then liuing more then one, and vnder [...]iue such issues females. And if there shall be liuing after the death of the said B. & T. T. without issue male of the bodies of him and the said A. lawfully begotten [...] or more such issues females of their bodies lawfully begott [...]; th [...]n to the vse of y^• said [...]iue or more such issues females of their bod [...]s lawfully begotten, for, and during 4. yeares next after the deaths of the said T. T. and B. And if after the deaths of the said B. and T. T. without issue male of the bodies of the said T. T. and A. lawfully begotten, there shalbe liuing one onely such issue female of their bodies lawfully begotten: Then to the only vse and behoofe of the same one such issue female during the space of two whole yeeres next after the deaths of the said B. and T. T. And if at the death of the said T. T. the said B. beyng then dead, there shall be no issue male or female of the bodies of the said T. T. and A. liuing: Then to the onely vse of such his daughter or daughters being borne aliue, as the said A. shall be with childe with by the said T. T. at the time of his death during the space of two yeeres next after the deathes of the said T. T. and B. if the said daughteror daughters, or any of them so long do liue. And from and after the ende of such yeares as be so hereby before limitted to the vses of the said issue or issues female of the bodies of the said T. T. and A. lawfully begotten after the death of the said B. to the vse of the said T. T. and of the heires males of his body lawfully begotten. And for default of such issue male, then to the vse of the next issue male of the bodie of the said B. lawfully begotten, and to the heires males of his bodie lawfully begotten. And for default of such issue male, then to the vse of the next heire male of the said B. and the issue male of the bodie of that heire male lawfully begotten. And for default of such issue male, then to the vse of the said B. & his right heires for euer, and to, or for none other vse, intent, and purpose.

Prouided alwaies and vpon condition following, and neuerthelesse it is the true intent and meaning of these present Indentures, and of all the parties to the same, and of all the assurances hereafter to be made by the said B. of the said manors, landes, tenementes, and hereditaments, with the appurtenantes in S. K. S. E. N. K. S. T. H. M. aforesaid, and of euery or any parte thereof, that it shall and may be lawfull vnto the said B. at all times hereafter during the life of the said B. to graunt and assure vnto L. T. the younger sonne of the said B. one yearely rent or rent charge of 20. mar [...]es of lawful English money, with a clause of distres for the same to be issuing, [Page] perceiued, had and taken by the said L. or his assignes, from such time as it shall please the said B. by his said graunt to limit the same yearely to begin during the life of the said L. or during any nūber of yeres, that the said B. shal therfore set downe, name, or appoint, if the said L. shall so long liue, out of all or any of the said manors, lands, tenemēts or hereditaments in S. K. S. E. N. K. S. H. H. and M. or any of them, or out of any part of them, or of any of them. And that it shall and may be lawfull, to and for the said L. T. and his assignes according to the purport and meaning of such graunt of the said rent so to him to be made, as is aforesaid, to distraine for the said rent and arrerages thereof which shall happen to be behind vnpaied in any part of the said last recited premisses: any thing in these presents cōteined, or any conueiance or assurance hereafter to be had or made of the premisses, or any part thereof to the contrary in any wise notwithstanding. And the said B. T. for himselfe &c. doth couenant &c. that he the said B. his executors or assignes, shall and will either by his last will and testament or otherwise, as shalbe reasonably deuised by the said T. R. the elder, his heires, &c. or by his or their counsell learned in the lawes &c giue, conuey and assure all or so much of those mesuages, houses, lands &c. which the said B. and his assignes now haue, hold and occupie, within the towne, fields, parish, & territories of S. K. aforesaid, by demise, grant or lease frō the Queenes Maiestie that now is for the terme of any yeres, to the said T. T. & his heirs males immediatly frō and after the death of the said B. and that he the said T. T. shal and may from and after the death of the said B. haue, hold, possesse & inioy the same lease, lands, tenemēts &c. from and after the death of the said B. & that the said T. T. shal then be (if he the said T. T. so long do liue) discharged or saued harmles, of, & from all former bargaines, grants, leases, charges, & in cumbrances whatsoeuer heretofore sithence the 6. day of Febr. last past before the date hereof, and hereafter to be had, made, done, knowledged, or willingly suffered of the same premisses or any part thereof by the said B. or his assignes, with a prouiso or condition in such conueyance or assurance therof to be cōteined, that the said T. T. shall assigne so much of the said terme as shalbe to expend at the time of his death to the heires males of his bodie lawfully begotten. And that he the said B. or his assignes, shall and will at his and their owne proper costes and charges, giue, finde, and allow to the said T. T. and A. and to one Man seruant, one Woman seruant, and all such children as shall be had and begotten betweene the said T. T. and A. during twelue yeares next insuing [Page] the day of the solemnization of the said mariage, if the said B. so long doe liue, such sufficient, necessary, and conuenient houseroome, meate, drinke & lodging, at, or in the now dwelling house of him the said B. T. of S. K. aforesaid, or else where the said B. shall remaine & dwell, as he the said B. T. shal prouide for himselfe and his family. And that he the said B. shal likewise during the said xi [...] yeares, if either the couerture betweene the said T. T. & A. so long doe continue, or the said A. suruiuing the said T. T. do keepe her selfe so long a widowe, giue, find and allow to them the said T. T. and to the said A. suruiuing the said T. T. such conuenient stable roome, hay, prouender, strawe, and grasse for two geldings, horses, or mares of the said T. T. or A. him suruiuing during the saide space of twelue yeares next ensuing the day of the solemnization of the said marriage, if the said B. so long doth liue, and in such place and maner, as the riding horses, geldings, and mares of the said B. T. shall haue stable roome, prouender, hay, strawe and grasse during the said time, or if either the said B. shal dislike or refuse to yeeld, to, & for y^• said T. T. & A. their said children, seruants, & horses, such allowance as is aforesaid, or the said T. T. & A. or the said A. suruiuing the said T. T. shall dislike or refuse to accept or take such allowance as is aforesaid, that then y^• said B. euery yeare of the said xii. yeeres, in which he shall not yeeld to them such allowance, as is aforesaid, if the said B. so long doe liue, shall for the same pay or cause to be paied to the said T. T. and A. during the couerture, & to the said A. suruiuing & keeping her selfe so long a widow xl. l. of lawful English money in y^• now dwelling house of the said B: in S. K. aforesaid, at the feast of P. & M. by euen portions. And the said T. R. the elder for himselfe, his executors & administrators doth couenant, promise & agree, to & with the said B. T. his executors & administrators, that the said A. R. shall & will by the grace of God, at, or before the said 6. day of Iuly now next cōming marie, & take to her husband the aforesaid T. T. if the said T. T. will thereunto assent & agree, & the lawes of the Church will that permit and suffer &c.

¶ Here may be further expressed such further considerations as be yeelded on the daughters behalfe, and such other couenants & conditions as shalbe requisite on that part.

¶ Couenants to make iointure.

THis Indenture made &c. betweene W. H. &c. of the one partie, & Sect. 88. T. S. & I. L. of the other partie, Witnesseth, that the said W. [Page] H. for, and in consideration of a iointure to be made to I. his wife, for himselfe &c. couenanteth, &c. that he the said W. H. his heires and assignes, before the feast day of &c. shal make or cause to be made to the said T. S. and I. L. a good, perfect, sure and sufficient estate in y^• law in fee simple, of, and in al his manor of M. &c. To haue and to hold the said manors, landes, tenements, and all and singuler the premisses with thappurtenāces to the said T. S. and I. L. to thonely vse of the said W. H. and I. his wife, during the life of the said I. and to the heires of the said W. H. for euer. And for further assurance, securitie, and sure making of the said manor, landes, tenements, and all other the premisses to bee had and made to the said T. and I. and to their heirs, to the vse and entent aforesaid. The said W. H. for him &c. couenanteth &c. that he the said W. H. his heires and assignes from time to time, and at all times during the space of &c. vpon reasonable request &c. as in couenants of further assurance, and sauing harmlesse.

Except the yeerely tenths, customes and seruices which hereafter shall be due, or going out of the premisses, or of any part or parcell therof to the Queene our Soueraigne Lady, or to the Lord or Lords of the fee or fees. And except all leases and grants by copie of Court roll of the same manor made, or to be made, whereupon the accustomed rents be or shall be reserued &c. And that the said manor &c. now at the making of the said assurance shall be of the cleere yearely value of &c. ouer and aboue all charges and reprises, and so shall and may continue, and be, during the life naturall of the said I. without fraud or couin. And the said W. H. for himselfe &c. couenanteth &c. As in Couenants, that all other conueiances shall bee to the vses abouesaide. Prouided alwayes, and vpon condition following: it is fully concluded and agreed by and betweene all the said parties to these presentes. That if the saide I. suruiuing the said W. H. her husband, within two moneths after the decease of the said W. H. do not by her sufficient deede or deeds, release and surrender to his heires or assignes, and their heires for euer, all her estate, right, title, interest, and demaund, of, in, and to all lands, tenements, and hereditaments with the appurtenances, which hee the saide W. H. during the couerture betweene him and the said I. was seised of such estate as she the said I. might thereof lawfully be endowed, other then the said manor, landes, tenementes, and hereditaments aboue in these presents mentioned, to bee assured vnto her for her saide ioynture: That then immediatly from; and after the ende and expiration of the said two moneths, next after the death of the said W. H. no such [Page] release, as is aforesaid, being so made, the said feoffees and the suruiuor of them and his heires, shall be seised to the onely vse of the right heires of the said W. H. and of their heires for euer: any thing in these presents contained to the contrarie thereof in any wise notwithstanding. In witnesse, &c.

¶ Couenants of Marriage, and to leuie a fine and suffer a Recouerie.

THis Indenture tripertite, &c. betweene G. S. & E. T. on the first Sect. 88. partie, and C. O. and I. O. on the second partie. And F. W. and F. R. T. B. and N. R. on the third partie, Witnesseth, that it is couenanted, concluded, and agreed, by and betwene the said G. S. and the said C. O. in maner and forme following: that is to say, the saide G. S. on his part doth couenant &c. that the said E. T. shall marrie &c. And in like maner the said C. O. &c. that the said I. O. shall marie &c. In consideration of which said mariage, the said G. S. doth couenant &c. that he the said G. S. and the said E. T. vpon reasonable request to them to be made by the said C. O. and at the costes and charges in the law of the said C. O. shall and will before the feast of &c. leuie one fine or seuerall fines &c. And it is fully concluded, couenanted &c. that the said T. B. and N. R. shall from & immediatly after the leuying and ingrossing of the said fine, or seuerall fines, or either of them, stand and be seised of the said manors and premisses, & of euery part and parcell thereof: and that the same fine or seuerall fines shal be to the vse of the said T. B. and N. R. and the heires of the said T. B. to the onely intent and purpose that the said T. B. and N. R. shal stand and be adiudged perfect tenants of the freehold of the said manors & premisses, and of euery part thereof, vntill a perfect recouerie may be lawfully had and executed of the manors and premisses against the said T. B. & N. R. And the said G. S. doth couenant &c. that the said F. W. and the said F. R. or any other person or persōs, which the said C. O. shall nominate and appoint, shal & may at the costes & charges in the law of the said C. O. his executors or assignes, commence and prosecute one writ or seuerall writs of Entre sur disseisin in le post, after the maner and course of common Recoueries against the said T. B. and N. R. whereby they should demaund against the saide T. and N. the said manors, lands and premisses, and euery part and parcel therof, by any name or names whatsoeuer, vnto which the said writ or seueral writs, the said T. B. and N. R. shal appeare in proper person, or by their Atturney or Atturneys, lawfully and sufficiently au [...]thorized. And shall vouch to warrantie the said G. S. and E. T. [Page] and that the said G. S. and E. shall appeare vpon the same voucher in proper person, or by their atturney or atturnies lawfully authorized, and shall vouch to warrantie the common vouchee. And that the common vouchee shall appeare & imparle, and afterwards make default, whereby a perfect iudgement may be had and giuen for the demaundants in the same writ or writs against the said T. B. and N. R. for the recouerie of the said manors and premisses. And likewise for the said T. B. and N. R. to recouer in value against the said G. S. and E T. after the maner and course of cōmon recoueries in such case vsed.

And it is fully concluded &c. to these Indentures, for them & their seuerall heires, and euery of the said parties doth seuerally couenant and conclude, to and with thothers, and their seuerall heires, That the said recouerers and their heires, shall from and immediatly after the knowledging & perfecting of the said recouery or recoueries, stād and be seised of the said manors, rectories, & premisses, and of euerie part and parcell thereof, and that the same recouerie or recoueries, iudgement or iudgements, recouerie or recoueries in value, & euerie thing and matter thereupon proceeding, shall then and from thenceforth be deemed, had, & taken, & inure to the vse and behoofe of the said G. S. and his assignes, for, and during all the terme & space of fower score yeares, if the said G. S. shall so long liue. And after the death of the said G. S. to thuse of E. T. and of the heires which he shall beget of the body of the said I. O. and for default of such issue, to the vse of the right heires of the said E. T. for euer. Prouided alwaies, that the said G. S. and E. T. or either of them, shall not bee compelled to trauaile from the place where they or either of them shall remaine or dwel at y^• time of such request or requests to be made, for the leuying, knowledging, or executing of the said fine or fines, warrant or warranties of atturney, recouerie or recoueries, or any of them, or for doing and performing of any act or thing therupon depending. And the said G. S. doth also couenant &c. that whereas he the said G. S. hath heretofore by this great & generall conueiance being made for y^• staying and intayling of the most part of his inheritance, assured vnto the said E. T. & to the heires males of his bodie issuing, all those &c. that the said lands &c. heretofore assured vnto the said E. T. & to the heires males of his bodie issuing, & the said lands &c. couenanted by these presents to bee conueyed, as is aforesaid, together with all such other manors, lands, &c. as the said G. S. shall & will in his life time assure & conuey vnto the said E. T. of an estate of inheritance, are now or at the time of the said fine or fines, & assurance or assurances to bee [Page] knowledged & made, shall be then of the cleere yerely value of 1000. l, ouer & aboue al charges & reprises. And that he the said G. S. hath not heretofore done, nor hereafter shall do any act or thing whereby the said manors, lands, tenements, & premisses, shall not nor may not after the death of the said G. S. & solēnizatiō of the said mariage, remaine & continue to such vses, intents & purposes, as in this Indenture are mētioned & expressed, according to the true meaning hereof.

And the said G. S. for the consideration aforesaid, doth further couenant &c. that if a good & perfect assurance and cōueiance of the said manors &c. & premisses before mentioned to be assured by the said G. S. & T. T. be not made & sufficiently perfected before the feast of &c. to be assured by this Indenture, shall not be conueyed & made sure to such vses, intents & purposes, as in this Indenture are mentioned & expressed, according to the true meaning hereof: That then and from thenceforth the said G. S. & E. T. & their seueral heires, & all & euery other person and persons, & his & their heires that now be, and before the said feast of &c. shall stand or be seised of the said &c. or of any part therof, by, frō, or vnder the said G. S. shal from and immediatly after the said feast of &c. stand & be seised of the said &c. premisses before mē tioned, to be assured by the said G. S. & E. T. & of euery part and parcel therof, to thuses, intents & purposes, & vpon conditiō & conditions in this Indenture mentioned & expressed, & to none other vse, intent or purpose. And furthermore, the said G. S. doth couenant &c. that be the said G. S. & the said E. T. and the heires of the said G. S. shal & will &c. As in couenants of further assurance, vnto the said F. W. & F. R. & T. B. & N. R. & to any of them, or their heires, or to the suruiuor or suruiuors of thē, or their heires, or any other person or persons that the said C. O. shall thereunto nominate or appoint, & his & their heires, to thuses, intents & purposes in this Indenture mentioned & expressed, & according to the true effect & meaning of these presents: So that &c. And it is further agreed, by and betweene the said parties to this Indenture for them and their heires and euery of the said parties doth seuerally couenāt & conclude, to and with the other, and their seueral heirs, that al & euery fine & fiues, recouerie & recoueries, cōueiance & assurance hereafter to be made or executed of the said &c. before mētioned, to be assured by the said G. S. & E. T. or of any part or parcel therof by the said G. S. & E. T. or by the said T. B. & N. R. or by any of thē, or by any other person or persons, by the appointmēt & nomination of the said C. O. his heirs &c. after the solemnization of the said mariage shalbe, And the said recouerers & their heirs shal frō [Page] and immediatly after the execution & perfecting of the said recouery or recoueries of any other estate or estates, or conueyances thereof, from and after the solemnizatiō of the said mariage, stand, & be seised of the said manor & premisses, and of euery part and parcell thereof, to thonly vses, intents, and purposes, in this Indenture mentioned and expressed, and to and for none other vse, intent, and purpose.

And the said C. O. in consideration of the said mariage doth on his part couenant &c. that the said C. O. vpon reasonable request to him to be made by the said G. S. and E. T. or either of them, at the costes and charges in the lawe of the said G. S. and E. T. or of the one of them, shall and will before the feast of &c. leuie a fine in due forme of law to the said T. B. & N. R. of all those &c. As in couenants to leuy fines. And it is fully couenanted &c. As in couenants limitting the vses of fines, And that the last recited fine shall be and inure to the vse of the said T. B. and N. R. and of the heires of the said T. B. and N. R. to the onely intent and purpose, that the said T. B. and N. R. shal stand & be adiudged perfect tenāts of the freehold of the said &c. and premisses before mencioned, to be assured, or conueied by the said C. O. and of euery part and parcell thereof, vntill a perfect recouerie be lawfully had and prosecuted of the said last recited manors, and premisses against the said T. B. and N. R. according to the course of the common law. And the said C. O. doth further couenant &c. As in couenants for the knowledging of a Recouerie, vt supra. And it is fully concluded and agreed, by, and betweene &c. As before in the couenant limitting thuses vpon the recouerie &c. shall then and from thenceforth be deemed, had, and taken and inure to the vse and behoofe of the said C. O. and his assignes, for, and during the terme and space of fowerscore yeeres then next insuing, if he the said C. O. shall so long liue, and after the death of the said C. O. and after the solemnizatiō of the said mariage, to thuse of the said E. T. and of the said I. O. and of the heires of their two bodies lawfully begotten. And for default of such issue to the vse of the said I. and of her heires for euer. Prouided alwaies and vpon condition following, that the said C. O. shal not be compelled to trauaile from the place &c. And the said C. O. doth further couenāt &c. As in couenāts of being seised, & quiet inioying, discharged &c. Prouided alwaies, and it is so concluded and agreed, by and betweene the said parties to this Indenture, for them and their heires, that it shall and may be lawfull, to, and for K. O. for the terme of her life, in consideration of her dower, and in the name of her Iointure, to haue and inioy all those lands, [...] [Page] tenements in P. &c. And that also it may be lawfull for him the said C. O. to conuey and assure to thuse of the said K. competent & sufficient lodgings within the &c. for herselfe and her familie, for terme of the life of the said K. any thing in this Indenture to the contrarie notwithstanding. Prouided also, and it is &c. that it shall and may be lawfull to the said C. O. to conuey and assure al his said lands & hereditaments in N. M. & L. to K. O. the yonger daughter of the said C O. for, and during the life of the said K. Or otherwise to graunt any rent or annuall payment with clause of distresse in the said lands &c. in N. M. and L. to the said K. his daughter, for, and during her life: any thing before to the contrarie notwithstanding. And the saide C. O. doth further couenant &c. that if a good & perfect assurance and conueiance of the said &c. Manors, lordships, lands, tenements, & premisses before mentioned, to be assured by the said C. O. be not made & sufficiently perfected before the feast of &c. whereby the said &c. last mentioned shall not be conueied and made sure to such vses, intents, and purposes, as in this Indenture are mentioned & expressed according to the true meaning hereof: That then, & from thenceforth the said C. O. his heires, & all and euery person & persons, and his & their heires which now be, or before the said feast of &c. shall stand or be seised of the said manors, &c. or of any part thereof, by, from, or vnder the said C. O. shal from & immediatly after the said feast of &c. stand, & be seised of y^• said manors &c. before mentioned to be assured by the saide C. O. and of euery part therof, to the vses, intents, & purposes, & vpon condition & conditions in this Indenture mentioned & expressed, and to none other vse, intent, and purpose. And furthermore the said C. O doth couenant &c. As in couenants for further assurance &c. that he y^• said C. O. and his heires &c. And it is fully agreed, by, & betweene the said parties to this &c. limitting the said fine and recouerie to the vses of this Indenture &c. And the said G. S. in consideration of the said mariage doth couenant &c. that the said G. S. or his assignes shal well and truely content & pay, or cause to be contented & paied vnto the said E. T. or his assignes, the annuall or yerely summe of 400. l. of lawful English money, at the feasts of &c. by euen portions yerely, for and during the liues of the said G. S. and E. T. together for the yerely maintenance of the said E. and I. from the day of their mariage vntill the death of the said G. S. And the said G. S. doth couenant &c. that if the said annuall or yerely summe of 400. l. be not well & truely paied and answered vnto the said E. T. his heires and assignes at the said feastes of &c. or within ten daies next after any of [Page] the said feastes at any time during the liues of the said G. S. and E. T. and during the said mariage: That then & from thenceforth the said recouerees & their heires shall stand & be seised of the said manor of S. and of all other the premisses before mentioned to be assured by the said G. S. & E. T. and of euery part or parcel therof. And the said recouerie & recoueries shalbe also deemed and taken to this intent & purpose: that is to say, that it shal & may be lawful, for, and to the said E. T. & his assignes into the said mannor of S. and all other the premisses before mentioned, to be assured by the said G. S. and E. T. and euery part therof to enter & distraine &c. As in clauses of distresse &c. from time to time during the life of the said G. S. and E. T. And the said G. S. doth further couenant &c. that if it shal fortune the said E. T. to die before the said I. O. and after the said solemnization of the said mariage, that then and from thenceforth the said I. shal haue yerely paied vnto her or her assignes at the Church of S. the annuall rent of CC. li. of lawful English money, for, and during the life of the said I. O. at the feastes of &c. by euen portions: The first payment thereof to begin at either of the said feasts which shall next insue the day of the death of the said E. T. Prouided alwaies, and vpon condition, and it is so concluded & agreed, by and betweene euery of the said parties to this Indenture by these presents, for them and their heires, that if the said annuall or yerely rent of CC. pounds &c. limitting a distresse, and the vse of the premisses, vt supra. And for want of sufficient distresse, then to take and receiue the rents and profites of the said late manor &c. of S. aforesaid, as shall suffice and answere to pay the said yeerely rent of two hundred poundes, and the arrerages thereof to the said I. yerely during her naturall life. And the saide C. O. on his part further couenanteth &c. that the said C. O. his executors or administrators, shall find or prouide at his or their proper costes and charges in the house of the said C. O. for the said E. T. and I. O. and for eight seruants to attend vpon them, sufficient meate, drinke and lodging, during the space of three yeares next insuing the said mariage, with sufficient horsemeate during the said terme. And where the said G. S. in further cōsideration of the said mariage, hath well and truely contented and paied vnto the said C. O. the summe of &c. Now the said C. O. doth couenant &c. that if it fortune the said I. to die without issue of her bodie lawfully begotten by the said E. T. that thē he the said C. O. his &c. shal within three yeres next after the death of the said I. so dying without issue of her bodie, well and truly repay vnto the said G. S. his &c. the summe of &c. at, or in the &c

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And the said C. O. doth couenant &c. that if the said C. O. his &c. or some of them, do not repay the said summe of &c. at the place aforesaid, vnto the said G. S. his executors or assignes, within the said terme of three yeres, next after the death of the said I. dying without issue of her bodie lawfully begotten by the said E. T. according to the true meaning of this Indenture: That then and from thēceforth the said recouerers and their heires, shal stand and be seised of the said manors, and other the premisses before mentioned to be assured by the said C. O. and of euery part and parcell thereof, to this intent and purpose following: that is to say, That it shall and may be lawfull, for, and to the said G. S. his &c. to enter into the said manors &c. before mentioned to be assured by the said C. O. and into any or euery part thereof, and to take and receiue the rents, issues, reuenues, and profits thereof comming and arising to the proper vse of the said G. S. his executors, administrators, or assignes, vntil he or they be fully satisfied and paied the summe of &c. of the same rents and profits of the same lands and premisses last mentioned. And lastly the said G. S. on his part doth couenant &c. that he the said G. S. or his assignes, shall within one yeere next after the solemnization of the said mariage, prouide and set forth such a conuenient house at T. &c. for the said E. T. and I. O. with their children and familie to dwell in, during the life of the said G. S. as he the said G. S. shall thinke to be meete and conuenient for their estate and degree. In witnesse whereof to the first part of this Indenture tripertite, remayning with the said G. S. and E. T. the said C. O. and I. O. F. W. R. F. T. B. and N. R. haue put their hands and seales, And to the second part thereof remaining with the said C. O. and I. O. the said G. S. & E. T. haue put to their hands and seales, And to the third part of the same Indenture remayning with the said F. W. F. R. T. B. and N. R. the said G. S. and E. T. C. D. and I. O. haue put to their hands & scales the day and yere first aboue written. In witnesse whereof &c.

¶ Couenants to pay condicionally.

PRouided alwaies, & it is fully cōcluded, condiscended, and agreed Sect. 89. by & between the said parties to this Indenture, for them & their heires, That if it shall fortune R. M. the younger to die without issue male of his bodie lawfully begotten, & to haue issue but one daughter liuing at the time of his death, that then y^• next issue male in remainder, that shal or ought to inherite y^• said manors, lāds & premisses, shal [Page] well & truly pay or cause to be paied to that one daughter the summe of &c. such time as the said daughter shal accomplish the age of &c. or be maried. And if it shall happen the said R. M. to die without issue male of his bodie lawfully begotten or to haue issue no daughter, but one liuing at the time of his death: that then such next issue male in remainder, that shall or ought to inherite the said manors, lands, and premisses, shall well and truely pay or cause to be paied, to be equally deuided amongst such daughters, the summe of &c. of &c. at such time or times as the same daughters of the said R. M. shall accomplish the seuerall ages of &c. to be maried. And it is further agreed &c. and the said H. M. doth couenant &c. that the said T. S. and his cofeoffees and their heires, from and after the death of the said H. M. and after the death of y^• said R. M. the yonger dying without issue males of his body lawfully begotten, shall stand and be seised of all and singuler the said manors & premisses, (the said landes and grounds appointed for the iointure of the said F. M. excepted.) And after the death of the said F. and her iointure lands excepted, to thintēt that if A. daughter of the said R. M. the yonger be not well and truely satisfied and paied the summe of &c. And if there be no moe daughters but one, then the said summe of &c. at such time and times as such daughter or daughters shall accomplish the seuerall ages of &c. to be maried, that then & from thenceforth it shalbe lawfull for such daughter or daughters to enter into all the lands & premisses other then the said lands &c. appointed for the iointure of the said F. M. and to receiue and take the rents, issues & profits therof to her or their owne vse, vntill such time as such daughter of the said R. M. be fully satisfied and paied the said summe of &c. And if there be more daughters then one, then vntil the said daughters haue so had and receiued the said summe of &c. of the rents, issues & profits of the said manors, lands, and premisses.

¶ Couenants to lead to the vse of a Fine, and to leuie the same.

THis Indēture sexpartite made &c. Between R. B. &c. on the first Sect. 90. partie, And I. W. and T. W. his sonne & heire apparant on the second partie, And T. L. of &c. on the third partie, And W. F. on the fowerth partie, And T. S. of &c. on the fifth partie, And T. W. of &c. on the sixth partie, Witnesseth, that for diuers sufficient considerations it is mutually couenanted, concluded & agreed, by and betweene all the said parties, that the said R. B. I. W. T. W. T. L. W. F. and T. S. at their indifferent costes & charges, before the 22. day of Nouember next insuing the date hereof, shall knowledge and leuie a fine [Page] with Proclamations, according to the Statute in that behalfe prouided after the common course of fines in such cases vsed, vnto the said T. W. of al such coales and coalmines in the common townfield of G. aforesaid, as sometimes were one I. G. of S. in the said County Esq. deceased. Of al mesuages, lands, tenements, medowes, pastures, woods, vnderwoods, commons, rents, reuersions, and hereditaments with thappurtenances of the said T. L. scituate, lying and being in G. & now in the tenure or occupation of K. A. or his assignes. And of al mesuages, cottages, lands, tenements, medowes, pastures, woods, vnderwoods, commons, rents, reuersions, & hereditaments with the appurtenances,, scituate, lying & being in G. aforesaid, in the tenure or occupation of N. C. or of his assignes, which the said T. S. lately purchased of the said R. B. And of all those closes, lands, tenements, medowes, pastures, and hereditaments with thappurtenances called Copleies, contayning by estimation xxx. acres of ground, scituate, lying, & being in K. in the said coūty of Y. now in the tenure & occupation of the said W. F. or of his assignes, & which the said W. F. lately purchased of the said R. B. And of all those closes, lands, tenements, medowes, pastures, & hereditaments with the appurtenances of the said T. L. called &c. containing &c. scituate &c. which the said T. I. & the said W. G. now haue of the graunt and demise of the said T. L.

And also it is fully couenanted, concluded & agreed, by & betweene al the said parties to these presents, that the said fine so to be leuied, shall be & inure, And the said T. W. the conusee in the said fine to be named & his heires, at the very time of leuying & knowledging of the same fine, and euer afterwards shal stand & be seised by vertue & force of the said fine, of, and in all the said mesuages &c. with the appurtenances, to the seueral vses, purposes & intents, hereafter in these presents contained, expressed, limitted, appointed & declared, & to, or for none other vse, intent or purpose: that is to say, of and in all, and all maner of coales & coalmines to be found, in, or vpon the arrable land parcel of the premisses, lying in the cōmō townfields of G. aforesaid, w^c free & absolute power, interest & liberty, to search, vig, lead, & carrie away the said coales, at all & euery reasonable time & times hereafter, not spoyling or distroying any corne which herafter shal happē to be or grow, in or vpon the said arrable land, or in or vpon any part therof, to thonly proper vse & behoofe of the said R. B. his heirs & assignes for euer. And of & in all the said mesuages, &c. of the said T. L. scituate, lying & being in G. aforesaid, in the tenure or occupation as is aforesaid of the said R. A. or his assignes. And of & in all the said [Page] closes, lands, tenements, medowes, pastures, and hereditamēts of the said T. L. called &c. containing &c. scituate &c. which the said W. F. & T. I. now haue, as is aforesaid, of the demise of the said T. L. (such libertie, title, and interest in the premisses in G. aforesaid, as before in these presents is limited, to the vse of the said R. B. his heires and assignes onely excepted) to thonly proper vse & behoofe of the said T. L. and of the heires of his body lawfully begotten and to be begottē. And for default of such issue, to thonly proper vse and behoofe of the right heirs of the said T. L. for euer. And of and in all the said mesuages &c. with the appurtenances, scituate &c. in the tenure or occupation of N. C. or of his assignes, which the said T. S. (as abouesaid) purchased of the said R. B. (such libertie, title, & interest therein, as before in these presents is limitted to the vse of the said R. B. his heires and assignes only excepted) to the only proper vse and behoofe of the said T. S. his heires and assignes for euer. And of and in al the said closes, lands &c. with the appurtenāces, called &c. containing &c. scituate &c. now in the tenure and occupation of the said W. F. or of his assignes, and which the said W. F. (as abouesaid) purchased of the said R. B. to thonly proper vse and behoofe of the said W. F. his heirs &c. for euer, and to, or for none other vse, intent &c. And that the said fiue and fines, and all other conueyances and assurances before remē bred, shall onely extend to the premisses before expressed and remembred in these present Indentures, and to none other lands, tenemēts, or hereditaments of the said G. H. in the townes aforesaid. In witnesse whereof to the first part of &c.

¶ Couenants to leuie a fine and make other conueyances, to the intent to continue the lands in his Sirname.

THis Indēture made &c. Between O. N. of W. of the one partie, Sect. 91. & R. W. R. N. and H. N. on the other partie. Witnesseth that aswel for the reuiuing and continuance of an auncient intaile to the heires males of the said O. and his auncesters, of, and in all those manors &c. wherof the said W. N. father of the said O. died seised, lying and being in the Countie of D. as also for and in consideration of the continuance of the same premisses in the Sirname of the said N. and for the better continuance of the same house of N. in this name and blood, and for diuers other good causes & considerations him the said O. specially mouing, he the said O. N. doth by these presents couenāt with the said R. R. & H. and euery of them, in this present Terme of Saint Michaell, and in the sixth yeare of the Raigne &c. that he the said O. shall acknowledge by fine in due forme of law to be leuied before [Page] the Q. Maiesties Iustices of the cōmon Plees at Westminster, of all and euery the manor &c. of the same O. in the said County of D. by the name of the manor of &c. with thappurtenances, in and wherby &c. And also that hee the said O. shall and will on this side the feast of &c. next comming after the date hereof, by his sufficient deede in law, inf [...]offe the said R. R. & H. of and in all those his mannors &c. lying & being &c. To haue and to hold all the same lands, tenements, & hereditaments comprised in the saide deed of feoffement to the said R. R. & H. and to their heires, to the onely vse and behoofe of such persons and their heires, and in such manner and form, as in these presents shalhe hereafter recited and expressed, which said assurance and conueyances of the premisses so had and made, & in due forme of law executed, shalbe to the seuerall vses hereafter in these presents mentioned. And also it is couenanted, concluded, and agreed, by and betweene the said parties to these presents for themselues, And the said R. R. and H. do couenant &c. That the said assurance & conueiances of the said premisses shalbe &c. And also that the said R. R. and H. and their heires, from and after the same fine knowledged, and after the same feoffement executed, shall stand & be seised of and in all those said manors &c. seuerally contained, specified, and mentioned in the fine and feoffement, to the vses, intents, effect, and meaning hereafter in and by these presents mentioned and expressed, and to none other vse, effect, meaning or purpose: that is to say To the vse of the saide O. N. one of the parties to this Indenture for terme of fortie yeares if he so long doe liue, without impeachment of wast. And after his death to the vse of the heires males of his bodie lawfully begotten. And for default of such issue, to the vse of G. N. brother of the said O for the like terme of &c. (if he so long doe liue.) And after his death to the vse of his heires males of his body lawfully begotten. And for default of such issue male of the body of the said G. N. lawfully begotten, then that hee the said R. R. and H. and their heires, shall stand and be seised, of, and in all the premisses, mentioned and contained in the said fine & deede of feoffement, to the vse of H. N. and of the heires males of his bodie lawfully begotten. And for default &c. except &c.

Prouided alwaies, and [...]t is neuerthelesse tondiscended and fully agreed &c. for them & their heires, & the heires of euery of them, that if the said G. N. after the death of the said O. without heire male of his body &c. make or cause to be made to any y^• wife of the said G. one estate or terme of life of such wife for her Ioynture, of, or in any part or parcel of the premisses, amounting to the yerely value of xx. pound [Page] and not aboue, and not being the manors & demesnes of &c. nor parcel thereof. Or if the said G. after the death of the said O. without issue male of his body, doe make or declare a Will or Testament in writing, of lands & tenements parcell of the premisses, or of a yerely profite to be perceiued or taken out of the same, to the yerely value of xx. li. and not aboue, ouer & aboue all charges & reprises, vntill such time as ech & euery of the said daughters of the said G. ouerlyuing y^• said O. the same O. dying without issue male, as is aforesaid, shalbe satisfied of one hundred Markes, for & towards their mariages, as by the same Testament shal be limitted & appointed: That then as now, and now as then, the said R. R. & H. and their heires, and the heires of the suruiuor of them shall stand and be seised of such the premisses to the said seueral vses, and so shalbe meant, limitted, assigned, or appointed & to none other vse, intent or purpose, for what time or times so limitted, assigned, meant, or appointed. Prouided furthermore, and it is further agreed between the said parties, That if any of the said persons, other then the said O. to whom this reuersion before mentioned shall chance to come to remain, do refuse to be bound to I. S. & I. D. or to either of them or their heires, in the summe of CC. li. of lawfull &c. by Recognisance or by statute, with condition therupon indorced,

That if he or any of them or their heires doe not alien in any wise the premisses, or any part or parcel therof, contrarie to the true intent & meaning of this present Indenture, but suffer the same, and euery part & parcel therof to discend, come, & remaine, according to the purport, effect, & true meaning of [...]is Indenture: That then the same recognisance & estatute to be vow & of none effect, that then as now, & now as then, vpon such refusal, the said R. R. & H. & their heirs, & his heires & euery of them, shall alwaies from thēceforth stand & [...]sed of al & singuler the premisses, after the death of such as before is spoken of without issue male, to tho [...]se of him that is next in the next remainder vnto him that shal or doth make such refusall, & of the said heires of his body lawfully begotten, w [...]ike remainders ouer, and with like cōditions & prouisoes to him & euery of them, other thē the partie so refusing, according as is before expressed: any thing in this present Indenture to the contrary in any wise notwithstāding Prouided furthermore, & it is so agreed &c. that if the said O. N. partie to these presentes, G. N. or any other the persons before rehearsed, to whom y^• remainder or remainders of y^• premisses before in these presents limitted in vse, or any of the heires males, or heires of the body of bodies of any y^• persons before limitted & lawfully begotten, being [Page] inheritable to any estate in possession or reuersion in the premisses by force of these presents, shal do at any time or times hereafter, practise, purpose, or go about by fine or fines, feoffement with warrantie, or any other act indeed or in law, to loose, alter, change, discontinue, or barre any of the said estates in the premisses, or in any part or parcell thereof, to permit or suffer any recouery to be had against thē, or any of them as tenants in deed or in law of the premisses, or of any part or parcel therof, Or by voucher in any action or suite, whereby any of the estates before limitted, shal or may be in any wise lost, recouered, altered, changed, or barred, & not haue their full continuance, according to the limitation, intent, & true meaning before expressed, aswell to them & euery of them, and to the heires males or heirs of their bodies, as to all other before expressed in remainder, and to their heires males, or the heires of their bodies lawfully begotten, according as is before expressed, otherwise or in any other forme then is before in these presents expressed and prouided: That then aswel the person or persons, his and their heires so purposing, practising, or going about any of the said deuises, or procuring or suffering the same, or consenting thereunto, as also al other persons & their heires then seised, of & in the premisses & euery parcel therof, shal thereupon stand, remain, & be seised, of, and in all & singuler the same manors, lands, tenements, and hereditaments, to be lost, recouered, knowledged, altered, discontinued, charged, or barred, to the only vse and behoofe of the next person being by these presents & meanin [...] hereof inheritable to the same premisses by force of this present g [...] by discent or reuersion after the decease of the same person or persons, which so shal purpose, practis [...] about as before mentioned, and of the heires males of the sam [...] [...]ext person lawfully begotten, in such sort & forme as is before expressed. And that this presen [...]ndition, as touching alienation or other the practises or deuises aforesaid, shall stād, remain, and be in like force also against the [...] person or persons which so shall haue or take the benefite of the same condition, & against the heires males and heires of his bodie lawfully begotten. And so from heire to heire & from reuersion to reuersion and their heires, so long as the present giftes shall or may haue any continuance. And the said O. N. for him, his heires & administrators, and the said R. R. and H. and their heires do couenant and graunt, to and with either and euery of them their heires and assignes, that all and singuler actes and things, assurances and conueyances hereafter to be done or suffered whatsoeuer of the premisses, or any part or parcell thereof, And all & euery other [Page] [...] [Page] [...] [Page] person or persons now seised, or hereafter to be seised of any estate or estates of inheritance whatsoeuer, shall stand & be adiudged to be seised to the onely vse, intent, and true meaning of this present Indenture, and to none other vse, intent, and purpose. In witnesse &c.

¶ Couenants limitting the vse of a single fine, leuied by the husband and wife.

THis Indenture &c. Witnesseth &c. Whereas the said T. H. and Sect. 92. B. stand seised in their demesne as of fee, in the right of the said B. in al that the manor of L. &c. & in iii. mesuages &c. in the Countie of S. & the said W. T. and B. so being thereof seised, the said B. for good causes, minding to aduance with her said lands her said husbād and the issue of his body, for want of issue of her owne bodie lawfully issuing: Now it is therefore couenanted &c. betweene the said parties to this Indenture and euery of them. And first the said T. W. and B. for themselues, and euery of them, and for the executors and administrators of them and either of them, do couenant, promise, and graunt, to and with the said T. R. and I. F. and either of them, and to and with the heires, executors, and administrators of them and either of them by these presents, that the said W. T. and B. his wife, on this side & before the feast of &c. at his or their owne proper costes and charges in the law, shall permit and suffer the said T. R. and I. F. in their owne names, to pursue two seuerall originall writs of Couenant against the said W. T. and B. his wife, seuerally to be directed to the Shirifes of N. and L. and by the same seuerall writs it shalbe demaunded, that the said T. W. and B. shall hold couenant with the said T. R. and I. F. betweene them made of al and singuler the manors &c. by the name of &c. or by any other name or names whatsoeuer, And of all and singuler the lands &c. of the said W. T. & B. or of either of them in the said Countie of L. by the name of &c. or by any other name or names whatsoeuer, The same writs to be returnable or returned before the Q. Maiesties Iustices of her cōmon Plees at Westm̄, according to the course of the common law in such cases vsed, & thereupon the said W. T. and B. shal knowledge by two seueral concordes and fines, the said manors &c. to be the right of the said T. &c. And further it is couenanted &c. That the same two seueral fines so to be leuied, ingrossed & executed in due forme of law, shal be & inure &c. And that the same T. R. & I. F. & their heires from and after the leuying of the same fines, shalbe seised of al the said manors &c. in the said two seuerall fines so to be mentioned, and of and [Page] in euery parcell thereof to such vses and intents, as hereafter in these presents are specified and declared, and to none other vse, intent or purpose: That is to say, to the vse of the said W. T. and B. &c.

¶ A Couenant that vpon agreement to sell, an estate shall cease.

PRouided also, that if after such repaimēt of the said summe of &c. Sect. 93. to be made to the said F. R. or vnto his executors or assignes at y^• time & place before expressed, it shal fortune the said D. his executors or assignes, to make any voluntary promise, conclusion, or agreemēt, for or concerning the selling, granting, or alienating of the said moity of the said Rectorie & premisses, or of any part or parcel thereof, or of any profit [...] or commodities belonging to the said Parsonage, either touching the whole estate therein, or touching any part therof, That then presently vpon such promise, conclusion, or agreement, the estate and interest of the said D. his executors and assignes, in and to all the whole moity of the said Rectorie shal haue no further being, but shal be deemed, esteemed, and adiudged in the saide F. his executors & administrators, as though no such repaiment of the said money had bin made, and presently vpon such promise, conclusion and agreement, it shall and may be lawfull to the said F. R. his executors, administrators, and assignes, to enter into the said moitie of the said Rectorie and premises, and the same to haue and inioy to his owne vse, without any let or interruption of the said D. or of any other claiming any thing therein, by, from, or vnder him &c.

¶ Couenants to leuie a Fine vpon graunt and render.

THis Indenture made &c. Between G. T. and A. his wife, and D. Sect. 94. B. and I. his wife of the one party, and G. E. of the other party, Witnesseth that it is condiscended and agreed betwixt the said parties, that the said G. T. and A. his wife, D. B. and I. his wife, before the end of Trinitie terme next insuing the date hereof, shall leuie a fine &c. And for the knowledge, release, quite claime, fine, warrant, and concorde, the said G. E. shall by the said fine graunt to the said T. and A. his wife the said tenements with the appurtenances, and the same by the said fine shall also tender in the same Court to the said G. T. and A. his wife. To haue and to hold to the same G. T. for terme of &c. And after the same terme ended, the said tenements shall remaine to the said D. B. and I. his wife, and to the heires of the same D. for euer: Which fine so to be leuied, as is aforesaid, and all and euery other fine so to be leuied by the said [Page] G. T. &c. to the said G. E. and his heires of the same lands in F. by the name or names aforesaid, or by any other name or names with render or without render, or otherwise, before the end of the said nexte Terme &c. next ensuing the date hereof, shalbe to thonly vse & behoof hereafter expressed, & to none other vse and behoofe: that is to say, to the vse of the said G. T. and A. his wife, for and during the said terme of one Moneth next ensuing the leuying & ingrossing of the said fine. And after the end and terme of the said Moneth, then to the vse of the said D. B. and I. his wife, and the heires of the said D. B. for euer. In witnesse whereof &c.

¶ Couenants to leuie a Fine, &c.

THis Indenture tripertite made &c. Between E. S. & E. his wife Sect. 95. of the first partie, and A. F. on the second partie, & I. M. and T. H. on the third partie, Witnesseth that the said parties are condiscended, concluded, and agreed in maner and forme following. And the said E. S. and E. for them and their heires do couenant &c. that the said E. S. & E. his wife, shall before the feast of &c. at the equal costes and charges in the law of the said E. S. and A. F. their heires and assignes, leuie a fine before the Queenes Maiesties Iustices of her Common place at Westminster, of the manor of C. and of &c. And that the fine so to be leuied, shalbe to thonly vse and behoofe of the said I. and T. their heires and assignes for euer. And the said I. and T. and euery of them, for them their heires & executors do couenant and graunt, to and with the said A. his heires executors, and assignes, and to and with the said E. his heires, executors & assignes, that they the said I. & T. shal before the first day of February next insuing the date of these presents, demise, graunt, and to frame let by their sufficient deede indented, in due forme of law to be made to the said A. the said manor with thappurtenances, except certaine parcels of the same, & certaine profits & other things thereunto belonging, in such manner and forme, as is after in these present Indentures expressed, and contained in the wordes following: That is to say. This Indenture made the x. day of &c. betweene I. and T. of the one partie, and A. F. on the other partie, Witnesseth, that the said I. and T. aswel in performance of the faithfull and special trust in them in that behalfe put by the said E. S. & E. his wife, as in fulfilling part of the couenants and grants & agreements, and of the intent in certaine Indentures tripartite specified, had & made betweene the said E. S. & E. his wife on the first partie, And the said A. F. of the second partie, And the said [Page] I. M. & T. H. on the third party, whose dates are the first day of December, in the first yeare of the raigne &c. Haue demised, graunted & to ferme letten, & by these presents do demise, grant and to ferme let vnto the saide A. his executors and assignes the manor of C. with the appurtenances in the County of B. with all those our lands &c. Except, foreprised and reserued vnto the said I. T. and the heires and assignes of the saide I. all those the milles &c. To haue and to holde the said mannor and other the premisses (except before excepted) vnto the said A. his executors and assignes, from the feast &c. yeelding and paying &c. And if it shall happen &c. And the said I. and T. for them &c. couenant &c. That the said I. & T. or the suruiuor of them, shall before the tenth day of the said moneth of December &c. by their deed sufficient in the law or otherwise, aswell infeoffe and assure the rest of the said manor & other the premisses, as also shall graunt or otherwise assure all such or so much of the premisses, as shall be so demised or letten vnto the said A. F. as is aforesaid, with the rent reserued vpon the said lease to the said E. and E. To haue and to hold the said reuersion, commodities and rents, and all the rest of the premisses with the appurtenances vnto the saide E. and E. and to the heires of their two bodies lawfully begotten. And for default of such issue to the right heires of the said E. foreuer. In Witnesse whereof &c.

¶ Couenants to leuie a fine to vses.

THis Indenture made &c. betweene N. F. of the one party, and H. Sect. 96. W. W. G. and R. F. of the other party, Witnesseth, that where the said N. aswell for the aduancement of I. nowe his wife, as of diuers of his yonger sonnes and daughters by him begotten of the bodie of the said I. hath already assigned, and appointed to his said wife and children, certain porcions of his messuage, lands and tenements, parcell of his inheritance for such estate and interest, and in like maner and forme as hereafter in these present Indentures shall be particularly mentioned and expressed, the same to be assured and conueied to euery of them, after due order and forme of Lawe, so that they may haue and enioy the same quietly according to his minde and pleasure, without lette or disturbance of him, or of his heires or assignes in time to come, which saide assurance is thought by counsell learned expedient to bee made by fine to bee of the saide landes leuyed: Therefore the said N. F. for the sure making of the conueyance aforesaid, couenanteth and granteth for him, his heirs and executors, [Page] to and with the said H. W. W. G. and R. F. their executors and assignes by these presents, that he the said N. or his heires, on this side, and before the feast of Pentecost next ensuing after the date hereof, shall knowledge and leuy to the saide H. W. W. G. and R. F. and to the heires of the said H. one fine &c. And the said H. W. W. G. and R. F. for them their heires and executors, couenant &c. that they the said H. W. W. G. and R. F. and their heires immediately from, and after the leuying and ingrossing of the said fine, to be leuyed of the premisses in forme aforesaid, shall stand and be seised of, and in the said mesuages in B. &c. except one close in A. called &c. to the vse of the said N. and I. nowe his wife for the terme of their liues and of the longer liuer of them, and after their decease to the vse of I. F. sonne of the said N. and of the heires males of his body lawfully begotten. And for default of such issu to the vse of R. F. one other of the sons of the said N. & of the heirs males of his body lawfully begotten, And for default of such issue to y^• vse of W. F. one other of y^• sons of y^• said N. & of the &c. And for default of such issue to the right heirs of the said N. for euer. And also y^• the said H. W. W. G. & R. F. & their heires shal in likemaner stand and be seized of all those mesuages, lands, tenements &c. in A. aforesaid &c. to the vse of the said I. F. one of the sonnes of the said N. and of the heires males of the body of the saide I. F. lawfully begotten, and for default of such &c. And that the saide H. W. W. G. and R. F. and their heires, shall in like manner immediately after the leuying and ingrossing of the saide fine stand and bee seized of, and in all the residue of the saide mesuage &c. to the vse of the saide N. for terme of his life, and after his decease to the vse of the saide R. F. &c. and for default &c. And it is fully condiscended and agreed betweene the said parties, that after the engrossing of the same fine, the said N. F. and the said I. his wife, I. R. and W. sonnes of the said N. and C. and B. his daughters and euery of them shall, from and after the ingrossing of the saide fine peaceably, haue, holde, occupy, and inioy the said mesuages, landes, and tenements, to them and euery of them seuerally assigned, without any let, interruption or impediment of the said H. W. and R. F. or any of them, or of any person or persons clayming by them, in their right, or by their procurement according to the true intent, purpose, and declaration of the seuerall vses afore mentioned. In witnesse &c.

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¶ Couenants to leuie a Fine to vses, and that the Cognisee shall graunt the landes in taile &c.

THis Indenture made &c. Betweene W. M. of the first partie, and Sect. 97. H. M. of the second partie, and E. M. and T. B. of the third party. Witnesseth, that it is condiscended, concluded, and agreed betweene the parties aforesaid, in maner and forme following, that is to say: First the said W. M. and H. M. for themselues &c. do couenant &c. that they the said W. and H. before the feast of &c. by fine to be leuied before our Soueraigne Ladie the Queenes Maiesties Iustices of the Common place at Westminster, shall knowledge the capitall or mansion house &c. by the name of &c. in B. and C. to be the right of the said E. M. &c. (expressing the concord.) Which fine so knowledged and ingrossed of the pr [...]misses, shall be to the vse of the said E. M. and T. B. and of their heires onely, and to, or for none other vse, intent, or purpose. And the said E. and T. for them &c. that they the said E. and T. and their heires, and the heires of the suruiuor of them within one moneth following, after the knowledging and ingrossing of the said fine, as is aforesaid, by their deede indented, sufficient in the Law in due forme to be made, shall and will giue and graunt the said mesuage, & all and singuler the premisses by the said fine to them to be assigned, as is aforesaid, to the said W. M. and to the heires males of his bodie lawfully begotten. To haue and to hold the said capitall mesuage & all other the premisses with their appurtenances to the said W. M. and to the heires males of his bodie lawfully begotten. Yelding and paying therefore yeerely to the said E. and T. or to the suruiuor of them, their heires or assignes, twentie shillings of &c. at the feastes of &c. by euen porcions to be paied: (with a sufficient clause of distresse to be contayned within the said deede for the payment thereof, at the dayes and times aforesaid, with a prouision therein also to be contayned,) that if it shall happen the said W. M. or the heires males of his bodie lawfully begotten, to suffer any recouerie agaynst him or them of the said capitall mesuage or other the premisses, or any part or parcell thereof, or by any other wayes or meanes, shall make any alienation or discontinuance of the same premisses, or of any parcell thereof, and afterward shall happen to dye without issue male of hys bodie lawfully begotten: That then, that is to say, immediatly after the decease of the said W. M. and of the heires males of his bodie lawfully begotten, and after the said estate tayle made, as is aforesaid by the said deede indented, spent, executed, and determined, [Page] and not before, that it shall be lawfull, to and for the said E. M. and T. R. to recuter into the said capitall &c. And also the said E. M. and T. R. for them &c. that then the said E. and T. their heires and assignes within fower daies next after the making of the said deede indented, and of the execution of the said estate of the said capitall mesuages, and all other the premisses to the said W. and to the heires males, as is aforesaid: And by one other deede sufficient in the law reciting the graunt by them made to the said W. M. and the heires males of his bodie lawfully begotten, as is aforesaid, shall giue and graunt the reuersion of the same capitall mesuage and all other the premisses with the yeerely rent aforesaid, to the said H. M. To haue and to hold the said reuersion of the said capitall mesuages and all other the premisses to the said H. M. his heires and assignes for euer. And the said W. M. couenanteth &c. that he the said W. in good order of Law, shall atturne tenant vnto the said H. M. of the premisses, and shall pay vnto him his heires and assignes, the said yeerely rent to be reserued by the said deed indented, and to be granted vnto the said H. M. his heires and assignes, as is aforesaid. And also shall permit and suffer the said H. M. his heires and assignes, Lordes of the residue of M. and B. aforesaid, yeerely at two seueral times in the yeere, that is to say, &c. vpon reasonable warning to them giuen for the said day to keepe his Court of the said manor vpon any part of the premisses, without let or &c. of the said W. M. &c. or of the heires males of his bodie lawfully begotten, or of any other person or persons by his assent &c. And further the said E. M. and T. B. for them &c. that the said capitall mesuages and other the premisses, at the time of the making of the said estate thereof to the said W. M. and to the heires males of his bodie lawfully begotten aforesaid, shall be cleerely exonerated &c. for which gift and graunt of the capital mesuages and other the premisses, to be made and conueyed to the said W. M. and th [...] heires males of his bodie lawfully begotten, in forme aforesaid, the said W. hath truely contented and paied to him the said H. at the ensealing hereof twentie poundes of good &c. of which twentie poundes the said H. M. knowledgeth himselfe &c. In witnesse whereof &c.

¶ A Conueiance to vses of an estate taile not to be discontinued.

THis Indenture made &c. Between I. D. of thoue party, & W. T. Sect. 98. W. W. F. & T. R. of thother party, Witnesseth, y^• it is couenāted, [Page] condiscended and agreed by and betweene the said parties in manner and forme following, that is to say, whereas the said I. D. the day of the date hereof hath put one only child M. D. his sonne & heire apparant, and is fully resolued and determined how and in what manner his lordships, mannors, landes, tenements and hereditaments, shall by the grace of God, continue, remaine and be aswell in the life time of the said I. and the said M. his sonne, as after their deathes, and being withall greatly desirous to continue and stay al and singuler his said lordships, manors, landes, and hereditaments in his sirname, and to restraine as farre forth as he lawfully may, the graunting, selling or giuing awaie of the said landes and inheritance, doth as well for the considerations aforesaide, as also for the naturall and brotherly loue which the said I. beareth to G. D. his brother, and for the hearty affection that he hath toward H. D. his kinsman, and other hereafter named in this Indenture, doth couenant and grant for him and his heires to, and with the said S. W. T. W. W. F. and T. R. their heires and assignes, that he the said I. D. and his heires, and all and euery other person and persons, and their heires that now stande or be seised of, or in all and singuler those his Lordships and manors of &c. Or that hereafter shalbe seised of the saide Lordships, manors, and premisses or of any part thereof, shall stand and be seised thereof, and of euery part thereof to such vses, intents and purpose, and vpon such condicions & limitations of vses, as in these presents shalbe expressed and declared, and to none other vse, intent and purpose, And that all estates hereafter to be made or suffered of the said Lordships, manors and premisses, or any part thereof betweene the saide parties, or to other persons at the nomination or by the consent of anie of the said parties, shall be deemed adiudged and taken to bee and invre to the vses, intents and vpon such cōditions as hereafter in these presents are expressed. That is to say, to the only vse of the said I. D for and during the terme of his natural life, without impeachment of wast, and after his death, then to the vse of the said M. D. for and during the terme of his natural life, And after his death, then to the vse of the first begotten sonne of the body of the said M. D. lawfully to be begotten, & of the heires males of the body of the saide first begotten sonne lawfully issuing, And for default of such issue male then to the vse of the second sonne &c. & to the vse of other sonnes &c. And for default of such issue male, then to the vse of the next heires males of the body of the said I. D. hereafter lawfully to bee begotten. And for default of such issue male, then to the vse of the said G. D. & of the heires [Page] males of his bodie lawfully begotten. And for default of such issue males, then to the vse of the saide H. D. and of the heires males of his bodie lawfully begotten, And for default of such issue male, then to the vse of &c. naming as many in like maner as shall be agreed.

Prouided alwaies, and neuerthelesse it is couenanted, condiscended and agreed by and betweene the saide parties to these present Indentures, that if the said M. D. or anie issue male of the saide M. or the issues males of anie of their bodies lawfully begotten, or any other person or persons which hereafter shall haue any estate, interest or title, in or to the said premisses, or in or to any parte thereof by reason or vertue of these present Indentures or of any thing therein contained, other then the said D. doe hereafter alien, bargaine or sell the premisses or anie parte thereof, or doe make or procure to bee made any feffement, lenie any fine, suffer any recouerie or put in vre, or goe about by any ouert waies or meanes to put in vre or practise anie other acte or actes, assurance or assurances for the destruction, determination, discontinuance, or alteration of the said estates or intailes, vse or vses aforesaid, or to barre the said intailes or any of thē, or to alter or change any of the said estates, or any vse or vses aforesaid, whereby the said premisses or anie part thereof, or the vse, vses or estates made or to be made of the same as is aforesaid, shall be aliened, discontinued, altered, changed or transferred from the said persons before named, to whom the premisses are limitted to be assured by these presents, in any other maner or sort, then they are limitted and appointed by these presents, contrarie to the true intent and meaning of the same, vnlesse it be for leases for one & twenty yeares, reseruing the accustomed rents or more for the same, or for the iointure of anie of their wife or wiues for terme of life only of such wife or wiues, not amounting aboue the yearely value of one hundred Markes, with like remainder and limitation of vses after the death of such wife or wiues, as is aforesaide: That then and from thenceforth the vse, interest, estate and taile limitted in these presents to him or them, that so shall die without issue, or shall make any ali [...]nation, discontinuance, bargaine or sale, or doe or put in vre any act or acts, deuise or deuises, or practise any matter or matters for the destruction or alteration of the vses or estates limitted, intended or implied, as is aforesaid, or doe any acte or actes, thing or things, as is aforesaid, contrarie to the true meaning of these presents, shall cease and bee determined. And that then the vse, interest and possession of all and singuler the premisses with the appurtenances so [Page] aliened, altered, changed or attempted to be aliened, altered or changed, as is aforesaide, shall immediatly discende, remayne, reuert and come to such persons to whom the same should then next discende or remaine according to the vse of the remaynder and estate limitted, intended or implyed by these presentes with remaynders ouer as is aforesaid. Prouided alwaies and neuerthelesse it is concluded and agreed by and betweene the saide parties to these Indentures, that it shall and may be lawfull for, and to the saide I. D. at any time during his life by his wryting or writinges vnder his hand and Seale, to demise and graunt the said Lordshippes, Mannors and premisses, or any part or parcell thereof, for terme of one and twentie yeares to be accompted from the making thereof at the most, whereupon the olde, auncient, and accustomed yearely rent or more shall be reserued, or by his laste will and testament in writing to giue and bequeath annuities to his seruaunts for terme of lyfe or liues of any such seruaunt or seruaunts, issuyng and goyng out of the saide premisses or any parte thereof. And also that it shall and may bee lawfull for and to the saide I. D. to graunt and assure the saide Lordshippes and premisses or any parte thereof, not amounting aboue halfe of the said Lordships and premisses to any such woman or weomen, wife or wiues as the said I. D. shall hereafter fortune to marrie, for terme of life or liues, onely of such wife or wiues, for and in consideratiō of her dower and ioynture. Prouided alwaies, and it is fully concluded, meant and agreed, by and between the said parties to these Indētures and their heires, that if the said I. D. at any time hereafter during his lyfe, shall be minded vpon whatsoeuer cause or occasion seeming meete or conuenient to him to adnull, make voyde, alter or chaunge the vse, estate, vses or estates, or any of them limitted, raysed, intended, implied or made by these presents, touching the whole Lordships, manors, lands, tenements and hereditaments, and other the premisses contained in these presents, or else touching some parte or any parte thereof onely, and thereupon by his writing vnder his seale, & in any of the Courts of Record of our Soueraigne Lady the Queens Maiesty her heires or successors to be inrolled, do signifie or declare that his will and pleasure is, that the vses, intents, and estates or any of them limitted in these presents shall be voyd and of none effect touching the said whole premisses, or touching some or any part thereof: That then and from thencefoorth all the vses, behoofes, intents and estates, made, limitted and appointed in, or by these presents shalbe [Page] vtterly void and of none effect touching the said whole premisses, or such part thereof, in which the said I. D. shall so signifie and declare that his will and pleasure is, that the vses, behoofes or estates aforesaid, or any of them shal be void and of none effect, and that then all and euery other person or persons, that now stand or be seised, or that hereafter shall stand or be seised of, and in the said lordships, manors, and premisses, or in any part, or parcell thereof, shal from thenceforth stand and be seised of all & singuler the said Lordships, manors, lands, tenements and hereditaments, and of al other the premisses in which the said D. shall so signifie and declare, that his will and pleasure is, that the vses, behoofes or estates aforesaid, or any of them shalbe void and of none effect: Or of such part therof in which the said I. D. shal so signifie and declare that the vses, behoofes, or estates aforesaid, or any of them shalbe void and of none effect to the vse of the said I. D. and of his heires and assignes for euer: any thing herein aforesaid to the contrarie hereof in any wise notwithstanding. In witnesse whereof &c.

¶ Couenants limitting the vses of fines and recoueries leuied with a Couenant to restraine the libertie thereof.

THis Indenture made &c. Betweene I. I. &c. & S. G. & E. D. &c. Sect. 98. Witnesseth that where the said I. I. is seised &c. And where also the said S. G. & E. D. haue pursued out of y^• Queens Maiesties court of Chācerie against the said I. I. one writ of Entre sur disseisin en le post, bearing date or teste the x. day of &c. directed to the Shirife of the county of S. demaunding thereby the said manors, landes, tenements &c. by the name of the manor of G. &c. the same writ being returnable before the Queenes Maiesties Iustices of the cōmon Bēch at Westminster in the v [...]as of S. Michael tharchangel next cōming, to thintent that the said S. G. and E. D. shall recouer the said lands, and the premisses with the appurtenances against the said I. I. after the course of the cōmon recoueries, vsed in such cases with voucher ouer to warrantie of one H. S. the cōmon vouchee. And where also the said S. G. and E. D. haue pursued out of the said court of Chancery one writ of couenāt against the said I. I. bearing date or teste the &c. directed &c. demāding thereby that he the said I. I. should hold couenāt with the said I. S. & E. of the said two chambers &c. which the said I. mother of the said I. I. now holdeth in dower for terme of her life by the name of one mesuage &c. (naming the lāds certainly) with [Page] thappurtenances &c. the same writ being likewise returnable before the said Queenes &c. in the vtas of S. Michaell next comming after the &c. to the intent that he the said I. I. shall leuie one fine with proclamation, according to the common course of fines vsed in such cases of the said mesuage and premisses with the appurtenances, vnto the said S. G. and E. D. and to the heires of the said S. with warrantie of the said I. I. and his heires against al men: It is now couenanted, graunted, condiscended, and agreed by these presents betweene the said parties to these Indentures, that the said recouerie so to be had, recouered, and executed by the said S. G. and E. D. against the said I. I. of the said manors, mesuages, landes, tenements, and the premisses mencioned in the said writ of Entre of disseisin en le Post, and the execution of the same shalbe to the proper vse and behoofe of the said I. I. his heires and assignes for euer, and that the same fine so to be leuied by the said I. I. of the said lands, tenements, and premisses contained in the said writ of couenant vnto the said S. G. and E. D. and to the heires of the said S. shall be leuied, knowledged, recorded, had, and executed, to the proper and onely vse and behoofe of the said I. I. and his heires for euer. And also it is fully agreed by all the said parties to these present Indentures, that the said S. G. and E. D. and their heires, after the execution of the said recouerie, and the leuying of the said fine, shall stand and be seised of the said manors, mesuages, and of all other the premisses, to the onely vse and behoofe of the said I. I. his heires and assignes for euer, and to none other vse or intents. Prouided alwaies, and it is further couenanted, graunted, and agreed, by & betwixt the said parties to these presents, that neither the said fine so to be leuied, nor the said recouerie to be suffered in maner and forme aforesaid, shall not in any wise be adiudged, construed, or taken to deuest, transferre, giue, or, assure from the said I. I. or his heires, any other landes, tenements, or hereditaments, then in the said recited deede indented of bargaine and sale be contained, bargained, and sold and expressed, and that the residue and ouerplus of the said lands and tenements contained or specified in the said fine and recouerie so to be leuied, and not in this deed indented mentioned, meant to be conueyed to the said I. I. and to the heires of the said I. shall be to the onely and proper vse or vses of the said I. I. and of his heires for euer, and not to any other vse or vses, intent or purpose. In witnesse whereof &c.

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¶ Couenants limiting vses intayle not to be discontinued.

THis Indēture tripertite made &c. Betweene H. H. on y^• first part, Sect. 99. and Sir I. S. on the secōd part, and I. C. on the third part, witnesseth, that where the said H. H. is lawfully seised of an estate of inheritāce, of & in diuers lands, tenements & hereditaments with their appurtenances in M. H. and F. in the said Countie of L. and he so being thereof seised, & hauing no issue presently of his body lawfully begottē, calling to remēbrance the vncertaintie of this present life, hath thought it expedient by the aduise of his deere friends, to set the same in such good order & stay, that after his death there shall arise no controuersie or suit for the premisses amongst his kinsfolks or friēds.

It is therefore betweene him the same H. H. & the other parties aboue remēbred by these presents fully couenanted &c. That is to say, the said H. H. couenāteth &c. That he the said H. H. before the feast of &c. shal permit and suffer the said I. S. to pursue out of the Queenes Maiesties Chācerie, within her highnes county Palantine of L. one writ of Entre sur disseisin en le Post, returnable at a certaine day before the Queens Maiesties iustices there. And by the same writ shal demād against the said H. H. fower mesuages &c. with thappurtenā ces in M. H. & F. in the coūtie of L. To which writ the said H. H. shal appeare in proper person, or by his Atturney sufficiētly authorized for the same, & shall vouch to warrantie immediatly vpon his appearance the common vouchee, as in such cases is vsed by the common vouch.

And that the same vouchee shall appeare in proper person vpon the same voucher, and shall thereupon imparle, and after make default, to the intent a perfect iudgement may be had for the demandants in the same, & so ouer against the said common vouchee, according to the course of common recoueries in such cases prouided. Vpon which said Recouerie so to be had & suffered as is aforesaid, It is seuerally couenāted &c. that the said I. C. and his heires, by force of the said recouerie, and of the said iudgement and execution of the same, shal immediatly stand and be seised, of, and in the said mesuage &c. to the vses and intents hereafter expressed and declared in these presents, and to none other vse, intent, or purpose: that is to say, to the vse of the said H. H. &c. Prouided alwaies &c. that if the said C. or any of the sonnes or daughters, to whom the said mesuage &c. be by these presents limited and intayled, in maner and forme aforesaid, do at anie time hereafter die without issue of their bodies lawfully begotten, or if they, or any the issue of any of their bodies lawfully begotten, inheritable [Page] by force of the limitatiō aforesaid, and of these presents, effectually attēpt, practise, purpose, & go about to alien, bargain, or sel the premisses, or any part or parcel thereof, or do or make any deede, writing, or leuie any fine, or suffer any recouerie against them of the said landes, tenements, and hereditaments, or of any parcel thereof, or by any fraud or couin, act or actes, thing or things whatsoeuer, for the destruction, barre, or determination of any of the intailes of the premisses aboue mencioned, or any other to whom any remainder or vse is limitted or appointed by these presents: That then & from thenceforth the vse, interest, & title limitted by these presents to him or thē that shall so die without issue, or shall bargain, alien, or sell, or otherwise incumber the premisses, or any part thereof as is aforesaid, contrary to the true meaning of these presents, shal determine, cease, and be cleerely frustrated, in like maner and forme, as if hee or shee had died without issue of his or their bodies, And that then the vse, interest, and possession, of and in the premisses with the appurtenances, shall be immediatly frō thenceforth in him next in remainder, according to the same vse, remainder, interest, and estate, to him or her limitted by these presents: any thing herein contained to the contrarie hereof in any wise notwithstanding &c.

Billes obligatorie, and Obligations.

¶ What Billes and Obligations be, and what is specially to be considered therein.

A Bill or Obligation (which be all one, sauing that when it is in Sect. 100.English, it is commonly called a Bill, and when it is in Latin an Obligation) is a deede, whereby the obligor doth knowledge himselfe to owe vnto the obligee a certaine summe of money or other thing. In which besides the parties names are to bee considered, the summe or thing due, & the time, place, and maner of payment, or deliuerie thereof. Obligations be either by matter in deede or of Record. An Obligation by matter in deede is euery obligation which is not knowledged and made in some court of Record, as in the examples next hereafter ensuing.

¶ A bill obligatorie by one to one.

THis Bill Witnesseth, that I. T. T. of D. in the Countie D. Esq. Sect. 101. do owe vnto W. W. of B. in the said Countie Gent. x. li. of lawful English mony: For the paiment wherof, I bind me & mine heirs. [Page] In witnesse whereof I haue hereunto put my hand and seale the first day of Ia. in the 32. yere of the raigne of our soueraigne Ladie Eliz. by the grace of God, of England, France, & Ireland Queene, defendor of the faith &c.

¶ Or shortly thus.

I A. B. owe vnto D. B. x. l. of lawful English money for the paimēt wherof I bind me and my heires. In witnesse &c. I haue hereunto put my hand and seale the xx. day of &c.

¶ Or thus indented, containing daies and place of payment with a penaltie.

THis Bill indented made the eighteenth day of N. in the 32. yere of the raigne of our soueraigne Lady Eliz. by the grace of God of England, France, & Irelād Queene, defendor of the faith &c. Betweene W. W. of R. in the Coūty of Yorke Gent. on the one party, & T. T. of R. aforesaid yeoman on the other party, Witnesseth, that the said W. W. doth owe vnto the said T. T. x. l. of lawfull English money, to be paid to the said T. T. his executors or administrators, in the South porch of the parish church of R. aforesaid, in maner and forme following: That is to say, vpō the first day of March next ensuing the day of the date hereof v. li. thereof, and vpon the second day of August then next following other v. li. therof residue: For y^• which paiments well & truly to be made, in maner and forme aforesaid, hee the said W. W. doth by these presents bind himselfe, his heires, executors, and administrators, & euery of them firmely by these presents in xx. li. of like lawfull English money to be forfeited and paid to the said T. T. his executors or administrators. In witnesse whereof the said parties haue hereunto interchangeably put their hands & seales the day and yeare first a boue written.

¶ Or thus without a penaltie.

BE it knowne vnto all men by these presents, that I. T. K. of D. in the Countie of S. yeoman, do owe vnto I. S. of the said town and Countie gentleman, one hundred pounds of good and lawfull &c. to be paid to the said I. S. his heires, executors, or administrators, vpon the feast of Easter day next comming after the date hereof: For which payment well and truely to bee made, I binde me and mine heires firmely by these presents. In Witnesse wherof I haue hereunto put my hand and seale. Dated the first day of Ianuarie, in the two and thirtieth yeare of our &c.

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¶ Or thus by two to two.

BE it knowen &c. That we W. and M. &c. owe or are indebte [...] to S. I. and C. R. gentlemen, in x. li. of lawfull English money, to be paied to them, or either of them, or to their Attorney, executors, or administrators, the vi. day of May next insuing after the date hereof, in the South porch of the parish Church of R. in the Countie of Yorke: For the which payment well and truely to be made, we bind vs and either of vs, our heires, executors, & administrators, and euery of vs iointly and seuerally for the whole, and in the whole by these presents. In witnesse whereof &c.

¶ Or thus by three to three.

BE it knowen &c. That we A. B. C. D. and E. F. &c. doe owe and are indebted vnto T. S. I. K. and L. M. in x. li. of lawfull &c. to be paied to the said T. S. I. K. and L. M. or any of them, or to their Atturneis, executors, or &c. or any of them, vpon the &c. For the true payment wherof, we bind vs, and euery of vs iointly and seuerally by these presents. In witnesse whereof &c.

¶ A Bill for Money lent.

BE it knowen vnto all men by these presents, that A. B. &c. at and before the making hereof hath receiued and had by way of free loane of C. D. &c. one hundred poundes of lawfull English money, which hundred pounds the said A. B. by these presents knowledgeth himselfe to owe vnto the said C. D. to be paied to him, or his certain Atturney, his executors, or administrators, vpon the x. day of May next ensuing the date of these presents. And for the true payment thereof doth by these presents firmely bind him, his heires, executors, and administrators, & euery of them. In witnesse whereof &c.

¶ A Bill for things lent.

BE it knowen &c. That A. B. &c. the day of the making hereof hath receiued and had by way of frank & friendly loane of C. D. one Bible, contayning the old and new Testament in the Greeke tongue, bound in past and in black leather, to be vsed by him till &c. during which time the said A. B. doth by these presents for him, his executors, & administrators, and euery of them couenant, promise, and agree, to and with the said C. D. his &c. well & safely to keepe the said book, and it to restore & redeliuer to the said C. D. or his certain Atturney, his executors, or administrators, in so good plight as the same now is, Or then to pay to the said C. D. for the same booke xl. s̄. of &c. For the performance of which couenant and agreement, the said A. B. doth by these presents bind himselfe, his executors, and administrators, [Page] and euery of them in xl. s̄. of lawfull English money, to be paied to the said C. D. his executors or administrators. In witnesse whereof &c.

¶ An Obligation by one to one.

NOuerint vniuersi per praesentes me W. G. de R. in Comitatu S. Sect. 102. gener̄, teneri & firmiter obligari W. B. in decem libr̄, bonae & legalis monete Anglie. Soluend' eidem W. B. aut suo certo Attornat̄ vel executor̄ suis, in festo S. Mich. Arch. ꝓxim̄ futuro post datum praesentium. Ad quam quidem solutionē bene & fideliter faciend', obligo me haered', executor̄, & administrator̄ meos firmiter per presentes, sigillo [...]o sigillar̄. Dat̄ tertio die la. anno regni dn̄ae nostre Elizabeth dei gratia Angliae, Franciae, & Hiberniae Reg. fidei defensoris &c. xxxvj.

¶ Or thus to a Shirife.

NOuerint vniuersi per praesentes me I. L. de C. in Com̄ E. husbandman, teneri & firmiter oblig' T. C. Militi Vicecom̄ com̄ E. in xx. li. bonae &c. Soluend' eidem Vicecom̄ aut suo certo Atturnat̄ vel executor̄ suis. Ad quam quidem solutionem bene & fideliter faciend' obligo me, heredes, executores, & administratores meos per praesentes, sigillo meo sigillat̄. Dat̄ &c.

¶ Or thus of person and goods renouncing sanctuarie and protection.

NOuerint vniuersi per presentes, quod ego A. B. non coactus, non compulsus, nec aliqua alia mala imaginatione ad hoc inductus, sed mera, propria, & spontanea voluntate, & certa sciētia cognosco, ac palam & publicé confiteor me teneri, & per presentes fimiter obligari D. E. in quingent̄ libr̄ legalis monetae Angl'. Soluend' & restituend' eidē D. E. aut suo certo atturnat̄, procurat̄, nuncio, haered', vel execut̄ suis, aut latori presentiū in festo P. proxim̄ futur̄ sme dilatione vlteriori. Ad quam quidem solutionem bene & fideliter faciend' & perimplend' in forma p̄dicta, obligo me, hered', et executores meos, ac omnia bona mobilia mea p̄sentia & futura, tam vltra mare quam citra, in quocun (que) loco vel iurisdictione inuenta fuerint capienda & distringenda. Et si (quod absit) defectus fiat in solutione p̄dicta vltra But to bind the goods, it seemeth better to make condi [...]tion [...] s [...]le thereof. festum siue terminū superius limitatū, tunc quecunque dampnū, sumptus, & interesse dictus D. E. patietur, aut pati poterit vel debet pro tenore defectꝰ, illa oīa & singula ego dictus A. B. teneor & firmiter obligor ꝑ p̄sentes soluere & fideliter satisfacere, sicut de debito [Page] principali: Statut̄, priuilegijs, ac consuetud' quibuscunque ciuitatis London̄, seu cuiuscunque alter̄ ciuitatis, villae, patriae, vel loci ad hoc contrarijs non obstantibus. Reuoco etiam & renuncio omnes protectiones, defensiones, sanctuaria, franchesias, libertates, subuentiones, & priuilegia quaecunque, per quae ego possim in hac parte tueri, aut cautelas seu dolum malum facere in damnum & praeiudicium praed' E. creditoris mei de p̄missis. In cuius reitestimonium &c.

¶ Or thus by two to two,

NOuerint vniuersi per praesentes nos W. M. de C. in comitatu L. yeoman, & T. R. de R. in com̄ praed' Taylor, teneri & firmiter obligari S. I. & C. R. generos. in xl. li. bonae & legalis monetae Anglie. Soluend' eisd' S. I. & C. R. seu eorum alteri, vel eorum certis attornat̄, execut̄, vel administrat̄ suis. Ad quam quidem solution̄ bene & fideliter faciend', obligamus nos & vtrumque nostrum per se, pro toto & in solido, haered', execut̄, & administrat̄ nostros per praesentes, sigill' nostris sigillatas &c. Dat̄ &c.

¶ An Obligation where two owners of a ship are bound to two Marchants.

NOuerint vniuersi per praesentes nos I. B. & R. T. de villa Hull' marinarios ac possessores siue proprietar̄ cuiusd' nauis vocat̄ Primrose of Hull &c. teneri & firmiter obligari W. C. & I. C. Mercatoribus villae C. in xl. li legalis monetae Angl'. Soluend' eis [...]' W. C. & I. C. seu eorum alteri, vel cor̄ cert̄ Attornat̄, haered' seu executoribus suis, in festo Paschae proxim̄ futur̄ post datum praesentium. Ad quam quidem solutionē bene & fideliter faciend', obligamus nos, & vtrumque nostrum per se, pro toto & in solido, ac nauem praed' cum But a a conditional sale seemeth more sure then this. toto apparatu eiusdem, haered', execut̄, & administrat̄ nostros, ac omnia bona nostra, tam vltra mare quam citra, vbicunque fuerint inuenta per praesentes. In cuius rei &c.

¶ Or thus, where three are bound to the Queene and others.

NOuerint vniuersi &c. nos A. B. C. &c. Mercator̄ de Vener̄, tener̄ & firmiter obligari excellentissunae Principi Elizabethae dei gratia Angliae, Franciae, & Hiberniae Reginae fidei defensori &c. ac T. B. & H. C. collectoribus & customarijs Subsid' eiusdem dn̄ae Reginae in portu Colcestriae in viginti libr̄ sterlingorum. Soluend' eisdē dominae Reginae & customarijs, aut eorum vni, vel eorum certis attornatis. Ad quam quidem solutionem bene & fideliter faciend', obligamus nos & quemlibet nostrum perse; pro toto & in solido [Page] haeredes, executores, & administratores nostros ꝑ presentes. In cuiu [...] rei testimonium &c.

¶ Or thus by three to three.

NOuerint &c. nos &c. A. B. C. D. & E. F. Milites, teneri &c. G. H. I. F. & L. M. generosis in xl. li. sterling'. Soluend' eisd' G. I. & L. seu alicui eorum, aut suo certo Attorn̄, vel executor̄ suis, in festo omnium Sanctor̄, proximo futuro post dat̄ praesentium. Ad quam quidem solutionem bene & fideliter faciend', obligamꝰ nos, & quemlibet nr̄um per se, pro toto & in solido, haered', executor̄, & administrat̄ nr̄os per presentes. In cuius rei testimonium huic presenti script̄ nostro sigilla nostra apposuimus. Dat̄ &c.

¶ Or thus with daies of payment and a penaltie.

NOuerint vniuersi per praesentes nos A. B. C. D. & E. F. &c. teneri & firmiter &c. G. H. I. K. & L. M. in C. li. legalis monetae Anglie. Soluend' eisd' G. I. & L. in forma subscripta, vz. in festo Annunc' beatae Mariae Virginis nunc proxim̄ sequen̄, quinque libras: In festo Paschae tunc proxim̄ sequen', quinque libras: In festo Natiuitatis S. Io. Baptist' tunc proxim̄ fu [...]r̄ quin (que) libras, & sic de festo in festum, vz. in quolibet festo festor̄ illor̄ quinque libras, quous (que) dict' CC. li. plenarie sic persoluantur: Ad quas quidem solutiones, & quamlibet earum (vt premittitur) bene & fideliter faciend', obligamus nos & quemlibet nostrum &c. Et si contingat nos praefat̄ A. B. C. D. & E. F. deficere in aliqua solutione solution̄ praed in parte vel in toto, contr̄ formam praed', tunc volumus & concedimus, nos teneri & quemlibet nostrum per se, pro toto & in solido per praesentes firmiter obligari praefatis G. I. & L. in pred' CC. li. Soluend' eidem G. aut suo cert̄ Attornato, executor̄ aut assignat̄ suis. In cuius rei testimonium &c.

¶ Or thus to a Bishop, and others.

NOuerint vniuersi per p̄sentes nos [...]ic' I. de S. in comitatu Ebor̄ Taylor, R. I. de R. in eodem comitatu Taylor, R. S. de S. praed' husbandman, & R. H. de S. in comitatu praedicto, teneri &c. reuerendissimo in Christo patri & domino, domino Th. permissione diuina Eborum Archiepiscopo Angl' primati & Metropolitano, & Magistr̄ W. I. in legibus Baccalaureo Scaccarij dicti Reuerend' patris apud Fbor̄ commissario & recept̄ general', & W. & I. liberis N. I. de R. in CCC. li. bonae & legalis monetae Anglie, Soluend' eisdem Reuerendissimo patri, & Magistro W. I. commissar̄, ac liberis pred', aut eorum [Page] certis attornat̄, execut̄, & administrat̄ suis, in festo Sancti Mich archangeli proxim̄ futuro post datum praesentium. Ad quam quidem solutionē bene & fideliterfaciend', obligamus nos, & quemlibet nr̄um pro toto & in solido, haered', execut̄, & administrat̄ nostros firmiter ꝑ praesentes, sigill' nostris sigillat̄. Dat̄ &c.

Thus much of obligations not being of Record, wherunto succeed those that be of Record.

Recognisances.

AN Obligation by matter of Recorde, is a Sect. 103. writing obligatorie knowledged and inrolled in some of her Maiesties courts of record before a Iudge or other officer hauing authority to take the acknowledgement thereof. And is either [...] [...]cognisance or a Statute. In a Re [...]nisance he is the Recognisor which knowledgeth it, and hee the Recognisee to whom it is knowledged. And a Recògnisance is a bond of Record testifiyng the Recognisor to owe vnto the Recognisee a certaine summe of money, and is knowledge in some Court [...] Record, or before some Iudge or other Officer of such Court ha [...]g authoritie to take the same: as the Masters of the Chancerie, the Iudges of either Bench, Barons of the Esche [...]er, Iustices of peace &c. And those that bee meere Recognisances are not sealed, but are inrolled. And execution by force thereof, is of all the Recognisors goods and chattels, except his draught beasts and implements of husbandry, and of the moity of his lands, and they bin made thus.

¶ A Recognisance in the Chancerie.

IOh. A. de A in comitatu Sussex Armiger, coram domina Regina in Cancellaria sua personaliter constir̄, recognouit se debere I. B. ciui & Grocer̄ London, centum & nonaginta libras bone & laegalis monetae Angliae. Soluend eidem I. B. aut suo certo Attornat̄, haered', executor̄, vel assignatis suis, in festo Purificationis beatae Mariae virginis proxim̄ futor̄ post datum huius recognitionis. Et nisi ita fecerit, vult & concedit pro se, haered, executor̄, & administrat̄ suis per praesent̄, quod dicta summa centum & nona ginta librar̄, leuetur & recuperetur de manerijs, mesuagijs, terris, tenementis, bonis, catallis, & haereditament̄ [Page] ipsius I. A. haered', executor̄, & assignat̄ s [...]or̄ vbicunque fuerint inuent̄ per praesentes. Teste dicta domina Regina apud Westm on̄ vltimo die de [...]embris, Anno regni eiusdem dn̄ae nostrae Elizabethae Reginae xxxvj.

¶ A Recognisance in the Admiraltie.

Dle Martis vij. die mensis M. Anno domini 1580. Regnique Serenissimae dn̄ae nostrae Elizab. Reginae &c. Anno vicesimo tertio; coram D. L. Legum doctor̄ supreme Curiae Admiral Angliae Iudice, necnon vno e Commissarijs pro piratijs, depraedation̄ &c. in aedibus suis &c. in praesentia mei Wilhelmi H. Notarij publici dictae Curiae Registoris, comparuerunt personaliter Wilhelmus V. de C. in comitatu Suss. gener̄, T. S. de parochia Sancti Mildredi in Pultria Ciuitatis London̄ Iremonger, Will' A. de T. in dict' com̄ Suss. generos. & T. M. de A. in com̄ Glamorgan gener̄, ac recognouerunt se deber̄ dict' serenissimae dn̄ae nostrae Elizabethae Regine &c. summam ducentar̄ librar̄: Soluend' eidem dominae Reginae, aut suo certo attornat̄, haered vel successōribus suis, primo die proxime futur̄ mensis Aprilis, Quam summ̄ quilibet eor̄ recognouit se debere. Et nisi haec fecerint &c.

¶ A single Recognisance before Iustices of the peace.

MEmorandum quod septimo die Ian̄ Anno regni dominae nr̄ae Elizabethae dei gratia Angliae, Franciae, & Hibern̄ Regin̄ fidei defensoris &c. xxxvj. venerunt coram nobis C. B. Milit̄, & W. M. armig' Iusticiar̄ dictae dominae Reginae ad pacem in com̄ E. conseruād assignat̄ I. S. de B. in com̄ E. yeoman, & W. S. de eodem Weauer, ac R. D. de S. in comitatu praed Tailor, Et recognouerunt se debere dictae dominae Reginae (videlicet) quilibet manucapt̄ pred quinque libr̄, & praed I. S. decem libr̄ bonae & legalis monetae Angl'. Soluend eidem dn̄ae Reginae in festo Purificationis beatae Mariae virginis proxim̄ futur̄ post datum praesentium. Et nisifecerint, concesserunt &c. vtsupra.

¶ A Recognisance for the peace, and to appeare at the next Sessions.

MEmorand' quod iiij. die Iulij, Anno regni dominae nr̄ae Elizab. Sect. 104. dei gratia &c. xxxvj. R. P. de I. in comitatu E. yeoman in propr̄ persona s [...]a, venit coram me G. M. vno Iusticiarior̄ dictae dominae Reginae ad pacem in dicto comit̄ conseruand assignator̄, & assumpsit [Page] pro seipso sub paena xx. li. Et H. I. de L. in com̄ praedict' yeoman, Et I. F. de M. in eodem comitatu husbandman, tunc & ibm̄ in proprijs personis suis similiter venerunt, & manuceperunt pro praedict̄ R. P. (videlicet) quilibet eorū seperatim s [...]b paena centum solid'. Quod idem R. P. personaliter comparebit coram Iusticiarijs dictae dn̄e Reginae ad pacem, ad proximam generalem Sessionē pacis in comitatu predict' apud M. tenendam, ad faciendū & recipiendum quod ei per Curiam tunc ibidem iniungetur. Et quod ipse interim pacem dicte dn̄ae Reginae custodiet erga ipsam dominā Reginam & cunctum populum suum, & praecipue versus M. N. de I. praedicta yeoman. Et quod damnū, malum aliquod corporale aut grauamen prefat̄ M. N. aut alicui de populo dictae dn̄ae Reginae, quod in lesionem aut perturbationē pacis ipsius dn̄ae Regine cedere valeat quouis [...]odo non faciet, nec fieri procurabit. Quam quidem summam viginti librar̄ praedict̄ R. P. & quilibet manucaptorum p̄dictorū predictas seperales summas centum solid', recognouerunt se debere dictae dominae Regin̄ de terris & tenementis, bonis & catallis suis, & quorumlibet & cuiuslibet eorum, ad opus dictae d [...]ae Reginae, haered & successorum suorum fieri & leuari, ad quorumcun (que) manus deuenerint, si contigerit ipsum R. P. premissa, vel eorum aliquod in aliquo infringere, & inde legitimo modo conuinci. In cuius rei testimoniū ego praedict' G. M. praesent̄ sigillum meum apposui. Dat̄ apud I. praed' die & anno primo supradictis.

¶ Or thus a little differing.

MEmorandum quod iiij. die &c. A. B. de I. &c. & C. D. de eadem yeoman, venerunt coram me G. M. &c. & manuceperunt pro I. S. nu ꝑ de L. &c. quod ipse personaliter cōparebit coram me prefat̄ G. M. vel socijs meis Iusticiar' pacis dn̄ae Reginae ad proximā generalē Sessionem &c. Et quod ipse interim geret pacē erga cunctum populum dicte dn̄e Reg. & praecipue erga R. B. &c. videlicet, quilibet manucaptorū p̄dict' sub paena xx. libr̄. Et praedict' I. S. assumpsit pro seipso sub paena xl. libr̄. Quam quidem summam xl. libr̄, pred' I. S. & quilibet manucaptorum praed' dictam summā xx. libr̄ recognouerunt &c. vt supra.

¶ A Recognisance for the good Abearing.

MEmorandū qd' v. die mēsis Iulij, Anno regni Elizabethae &c. xxxvj. vener̄ corā nobis E. N. & W. S. &c. quod idē R. G. personaliter cōparebit coram Iustic' dictae dn̄e Regine ad pacē &c. ad ꝓximā generalē Sessionē &c. Et qd' ipse interim se bene geret erga [Page] dictam dominam Reginam & cunctū populum suum, & precipué erga I. B. de C. &c. Et quod ipse non inferet, nec inferri procurabit per se nec per alios damnū aliquod seu grauamen p̄fat̄ I. B. seu alicui de populo ipsius dn̄ae Regine de corporibus suis per insidias, insult [...]s, seu aliquo alio modo, qd' in lesionē seu ꝑturbationē pacis dictae dn̄ae Regine cedere valeat quouismodo: viz. vter (que) p̄dict̄ H. C. & I. S. sub pena C. li. Et predictꝰ R. G. sub pena CC. li [...]arū. Quas quidem seperales summas centū librar', vter (que) praedictorū H. C. & I. S. (vt praedicitur) perse ac p̄dict' R. G. dictas CC. li. recognouerunt se debere dictae dn̄ae Regin̄ de terris & tenementis, bonis & catallis suis, & quorumlibet & cuiuslibet eorum, ad opus ipsius dictae dn̄ae Reginae fieri & leuari, si contingat praef. R. G. in aliquo premissorum deficere & inde legitimo modo conuinci &c. In cuius rei &c.

¶ A Recognisance to giue in euidence against one that is suspected of Felonie.

MEmorand' quod xx. die No. Anno regni dn̄ae nostre Elizabethae dei gratia Angliae, Franciae, & Hiberniae Regine fidei defensor̄ &c. xxxvj. R. T. nuper de C. in com̄ p̄dict̄ yeoman, venit coram me W. M. armig' vno Iustic' dictae dominae Regine ad pacem in comitatu p̄d' conseruand' assignat̄, & recognouit se debere dictae dn̄ae Reginae quinque libr̄ legalis monetae Angliae, Sub conditione quod ipse personaliter cōparebit coram me & socijs meis Iustic' predict' ad proximā generalē gaolā in comitat̄ pred' tenend'. Et adtunc & ibidem ostend' in euidenc' secundū formam statuti, versus D. F. in com̄ praed', qui modo attach. & suspect' feloniae gaolae dictae dn̄e Reginae com̄ praed' commissus existit, qd' tunc &c. alioquin &c.

¶ A Recognisance for keeping of a Tauerne.

MEmorandum quod 4. die Feb. Anno Reg. dn̄ae nostrae Elizab. dei gratia Angl', Franciae, & Hiberniae Reginae fidei defensor̄ &c. xxxvj. venerūt coram nobis C. B. et H. W. Milit̄, Iusticiar̄ dictae dn̄ae Reginae ad pacem dictae dn̄ae Reginae in Com̄ Eborū conser [...]and', necnon alia malefacta ac diuersas transgr̄ perpetrat audiend' & terminand' assign̄, ven̄ A. B. de T. in comitatu p̄dict̄ L. & R. A. in comitatu p̄dict' H. & W. T. de eadē in eodem comitatu Weauer, Et manuceper̄ (videlicet) q [...]il bet manucapt̄ praedict̄ sub paena quinquagint̄ solid'. Et praedict' W. T. assumpsit pro seipso sub paena quin (que) libr̄, quod ipse W. T. bene gerat Tabernam secundum formam statuti. Quas quidē seperales summas quilibet eorū cognouit [Page] se debere dicte dominae Reginae, Atque volunt & concedunt de terris & tenementis, bonis & catallis suis, & cuiuslibet eorum fieri & leuari, si praedictus W. T. defecerit &c.

¶ A Recognisance for alehouses.

MEmorand' quod 7. die Sep. &c. Anno regni &c. I. L. Baker, & I. G. Ioiner de &c. in comitatu praedicto, venerunt coram nobis W. K. & A. B. armig', duobus Iusticiar̄ domine Reginae, & manuceperunt pro R. D. de &c. quilibet manucapt̄ predict' I. L. & I. G. sub paena decem libr̄, & idem R. D. manucepit pro seipso sub pena viginti libr̄, quod vbi praedict' R. D. per praedict' Iustic' nunc admissus est ad custodiend' commun̄ domum Seruicie siue Tipland', secundum formā statuti in anno 5. & 6. domini Regis Edwardi sexti aedit̄, si praedictus R. D. deinceps non custod' nec frequentat aliquos ludos illicitos, siue prohibit̄ in domo sua, neque hospitet in domo sua aliquos vacabundos siue otiosas, aut suspectas personas, nec custodit aliquam malam requiem in domo sua, durante termino quo ipse occupauerit communem domum seruic', siue tipland': Et si defect' fiat in aliquo siue aliquibus p̄miss tam manucapt̄ p̄dict', quam R. D. cognouere summas p̄d leuand de bonis & catallis, terris, & tenemētis, ad opus & vsum dictae dn̄ae Reginae &c.

¶ Aliomodo.

MEmorand quod x. die Ian. &c. A. &c. venerunt cor̄ nobis W. K. & A. B. armig' duobus Iustic' &c. A. B. & E. F. &c. & manuc' ꝓ I. H. viz. quilibet manucapt̄ sub paena vj. li. & praedict' I. H. ꝑ seipsum assumpsit sub paena x. li. quas &c. si &c.

¶ A Recognisance before a Iustice of the common Plees.

MEmorand quod viij. die Martij, Anno regni Elizab. &c. xxxvj. A. B. de C. in comitat̄ D. Miles, venit coram me R. H. vno Iusticiar̄ dictae dominae Reginae de banco in propria persona sua, Et recognouit se debere E. F. armig' sexcent̄ libras legalis monete Anglie. Soluend eidem E. executor̄ vel assignat̄ suis, in festo Natiuitatis sancti Ioh. Bap. proxim̄ futur̄. Et nisi fecer̄, concedit p se & haeredibus suis, quod praedict' sexcent̄ libr̄ de terr̄ & catallis suis ad opus & vsum p̄ dicti E. & executorum suorum leuentur, ad quorumcunque manus deuenerint &c.

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¶ A Recognisance before the barons of the Eschequer.

MEmorandum quod I. M. gen̄, nominatus Balliuus & collector reddit̄ & reuene' manerij de B. in comitatu E. nuper parcell' possession̄ nuper Monasterij de P. in comitatu praedicto, C. I. de S. in comit̄ praedicto gen̄, & F. S. de C. in eodem comit̄ gen̄, venerunt coram Baron̄ de Scacc' dominae Regine nunc apud Westmonast▪ decimo nono die M. Anno Regni dictae dominae Reginae nunc vicesimo nono in proprijs personis suis. Et recognouerūt se coniunctim & diuisim debere eidem dominae Reginae &c. Soluend' eidem dominae Reginae in festo &c. proxim̄ futur̄. Et nisi fec er [...]nt, concedunt & quilibet eorum concedit pro se, haered', & executor̄ suis, quod Barones huius Scaccar̄ de terris, & tenementis suis de quibus ipsi aut eorum aliquis, aut [...]liquis alius, siue aliqui alij ad eor̄ alicuius vsum ad praesens sesit̄ existit aut sesiti existunt, ac de bonis & catallis suis ad quorumcunque manus deuenerint dictos denarios fieri faciant ad vsum domine Reginae leuari.

Statutes and Statutes Marchant.

A Statute is a bond of Recorde sealed, testifiing Sect. 105. the debtor to owe vnto the creditor a certain summe of mony. And the same bond is knowledged before such persons, and in such maner as is appointed by Statutes in that behalf made. And therof bin such bonds termed Statutes, and they be of two sorts: that is to say, Statutes Marchant, and Statutes Staple. A Statute Marchant is a bonde knowledged before one of the Clarkes of the Statutes Marchant and Maior or chiefe Wardein of the Citie of London, or two Marchants of the saide Citie for that purpose assigned, or before the Maior, chiefe Warden or Master of other Cities or good Townes, or other sufficient men for that purpose appointed. And sealed with the seale of the debtor, & of the King, which is of two peeces, the greater is kept by the said Maior, chiefe Warden &c. and the lesser peece thereof by the said Clarks. The fee for the said Seale is for Statutes knowledged in Fayres of euery pound an halfepeny, and out of Fayres of euerie pound a farthing. The execucion vppon Statutes Marchant is first to take the body of the debtor, if hee bee lay, and can bee found, [Page] if otherwise, then vpon his lands and goods. 13. Ed. 1. cap. And it is made in forme following.

¶ A Statute Marchant.

NOuerint vniuersi &c. nos A. B. & C. D. teneri, & per praesens Sect. 106. scriptū de Statuto Mercatorio firmiter obligari W. P. in quinquagint̄ libr̄ sterlingor̄. Soluend eidem W. P. aut suo certo Atturnat̄ hoc script̄ ostend', executoribus, vel administratoribꝰ suis in festo P. proxim̄ futuro post datū praesentium. Et nisi fecerimus, volumus & per presentes concedimus, quod currat super nos & vtrum (que) nostrū, heredes, executores, & administratores nr̄os, paena & districtio prouis. in statutis domini Reg. apud Acton Burnel & Westm̄ pro Merchandisis edito tempore dn̄i Ed. quondam Regis Anglie, progenitoris dominae Reginae nunc existent̄. In cuius rei testimonium huic p̄senti script̄ meo, sigillum meū vna cum sigillo dictae dominae nostr̄ Reginae de recogn̄ debit̄ ville de K. super Hull predict' p̄sentibus appens. Dat̄ coram R. I. Maiore ville de K. super Hull praedict', & I. L. cleric' ad huiusmodi recogn̄ debit̄ ꝓ Merchandisis in eadem emptis recuperand', ordinat̄, & prouis. accipiend' deputat̄ 30. die Ia. Anno regni dictae dominae Reginae xxxvj.

¶ Or thus.

¶ Coram A. C. de K. vel coram Custod' sigill' dominae Reginae nunc de Mercatoribus in nundinis de K. & C. D. clerico eiusdē dominae Reginae ad huiusmodi recogn̄ &c.

¶ An other Statute Marchant.

NOuerint vniuersi per presentes me I. W. de &c. teneri & ꝑ praesens scriptū de Statuto Mercator̄ firmiter obligari W. C. in xl. libr̄ legalis monetae Angliae. Soluend' eidē W. aut suo certo Atturnat̄, haered', vel executor suis in festo P. ꝓxim̄ futur̄ post datum presentium. Et nisi fecero, volo, & per praesentes concedo, quod currant super me, haeredes, & executores meos, distriction̄ & pena prouis. in statuto dn̄i Regis apud Acton Burnel & Westm̄ pro Mercator̄ edito. Et facta fuit haec recognic' coram I. F. & W. C. tunc Balliuis ville G. predict' custod' maioris pecie sigilli dicti Statuti, & T. R. clerico domini Regis custod' minoris pecie sigilli eiusdē Statuti ad recogn̄ debitor Mercator̄ apud G. praedict' accipiend' deputat̄. In cuius rei testimon̄ huic present̄, sigillum meum & sigillum dict' Statuti apponi procuraui. Dat̄ G. xx. die &c. Anno &c.

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¶ A Statute knowledged before Baylifes.

NOuerint vniuersi per presentes nos H. L de B. in comitat̄ S. gen̄, I. P. de M. in com̄ R. gen̄, I. P. de noua Villa in com̄ M. armig', I. ap E. de W. in com̄ S. predict̄ gen̄, I. D. de S. praed' in eodē com̄ S. gen̄, O. ap M. de W. p̄dict' in com̄ S. praedict' gen̄, M. ap I. de W. praedict' in com̄ S. p̄dict' yeoman, teneri & firmiter obligari H. T. & R. T. armig' in &c. Soluend' eisdē H. & R. aut eorum vni, seu corum certo Atturnat̄, executor̄, seu assignat̄ suis in festo P. ꝓxim̄ futur̄ post datum presentiū. Et si defecer', tunc volumus & concedimus quod currant super nos & quemlibet nostrū, & heredes nostros, district' & paena pro [...]is. in statut̄ pro Mercator̄ apud Acton Burnel, & West. tempore dn̄i Edw. quondam Regis Angl' aedit̄ recuperand'. Et facta fuit haec recognitio coram R. M. & I. H. Balliuis dn̄ae Reginae ville sue de L. custod' maioris pecie sigilli Statuti Mercat̄ pred dn̄e debit̄ mercat̄ apud L. pred' deputat̄, ac custod' minoris pecie sigilli eiusdē Statuti. In cuius rei testimon̄ huic p̄senti script̄ nr̄o sigilla nr̄a apposuimus, & pro maiore securitate sigillū Statut̄ Mercator̄ villae pred' his apponi procurauimus. Dat̄ xx. die Iu. Anno regni dictae dn̄ae Reg. &c. xxxvj.

¶ A Statute marchant knowledged before baylifes.

NOuerint vniuersi per praesentes me W. C. de S. in com̄ S. yeoman, teneri & firmiter obligari I. B. de S. predict' Mercator̄ Stapul' Calic' in &c. Soluend' eidem I. aut suo certo Atturnat̄, haered', vel executor̄ suis in festo P. proxim̄ futur̄ post datū praesenc'. Et nisi fecero, volo quod currant super me, haered', & executor̄ meos, paena & distriction̄ prouis. in statuto dn̄i Regis E. apud Acton Burnel pro Mercator̄ edito, & postmodū apud Westm̄ recitat̄. In cuius rei testimon̄ tam sigillū pred' dn̄i Regis pro hm̄di caus. ordinat̄, quam sigillum meū present̄ sunt appens. Dat̄ apud S. decimo die &c.

¶ A certificate of a Statute.

VEnerabili & honorabili viro N. B. Milit̄, dn̄o custod' magni sigilli illustrifsime dn̄e nr̄e Reg. Angl', Ad vr̄e denominac' mand [...]t̄ parat̄ O. H. & E. P. Balliu [...] dicte dn̄e nr̄e Reg. villae fuae S. & A. M. clericus ad recogn̄ debitor̄ in eadē accipiend', deputat̄, reuerentiam & honorem denominac' vestrae. Significamus quod decimo die &c. anno regni Regis Henrici vij. post conquestū Angl' &c. W. C. de villa de S. in com̄ S. gen̄, venit corā N. W. & H. W. tunc Balliuis ville S. & cognouit se debere I. B. de S. Mercat̄ stapule Calic' &c. quas id [...] W. C. soluere debuit in festo P. ꝓxim̄ futur̄, & eas p̄d' W. eidē I. nondū soluit vt dicitu [...]: Et quia p̄f. W. solutionis sue termin̄ p̄d' I. non [Page] obseruauit, denominac' vestram honorabilē humiliter deprecamur quatenus praef. W. ad dicti debiti sui soluc' praef. I. faciendum iuxta formam statuti praed' compellere velleret dominac' vestra.

Statutes Staple.

A Statute Staple is either properly so called or improperly: Sect. 107. A Statute staple properly so called is a bond of Record knowledged before the Maior of the Staple in the presence of one of the two Constables of the same Staple, for which seale the fee is of euerie pound, if the summe exceed not a C. li. a halfe peny. And if it exceed a C. li. of euery pound a farthing. And by vertue of such a statute Staple, the creditor may forthwith after certificate thereof into the Chancerie haue execution of the bodie, lands and goods of the debtor 17. E. 3. cap. 9. And the statute Staple properly so called is made as followeth.

¶ A statute Staple for debt.

NOuerint vniuersi per praesentes me I. H. de L. in com̄ Sussex Sect. 108. armig', teneri & firmiter obligari I. A. in &c. Soluend' eid' I. A. aut suo certo Atturnat̄ hoc script̄ ostend', haered' vel execut̄ suis, in festo Purific' beatae Mariae virginis ꝓxim̄ futuro post dat̄ praesentiū. Et si defecero in solutione debit̄ praedict', volo & concedo qd' tunc currat suꝑ me, hered', executor̄ meos paena in statuto Stapulae de debitis pro merchandizis in eadē emptis recuperand', ordinat̄ & ꝓuis. Dat̄ vndecimo die Feb. anno regni dn̄ae nostrae Eliz. dei gratia &c.

¶ Note, that if any statute Merchant, or of the Staple, within 4. Moneths after the knowledging therof, be not brought to the Clark of Recognizances taken according to the statute of 23. H. 8. cap. 6. or his deputie, and the true copie thereof there entred in the book of the said office, within vi. Moneths after the said knowledging therof, then is the same thereby void against purchasers of landes, which otherwise should be thereunto lyable, 27. Eliz. cap. 4.

¶ Of a bond vnproperly called a Statute staple.

A Statute staple improper is a bond of Record founded vpon Sect. 109. the statute of 23. H. 8. ca. 6. of the nature of a proper statute staple, as touching the force and execution thereof, and knowledged before one of the chiefe Iustices, & in their absence before the Maior of the Staple, and the Recorder of London, in this maner.

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¶ Nouerint vniuersi per praesentes nos A. B. & C. D. armig', teneri & firmiter obligari I. S. in centum libr̄ sterling'. Soluend' eid' I. aut suo certo Atturnato hoc script ostend', hered' vel executoribꝰ suis, in festo Paschae ꝓxim̄ futuro post datum praesentiū. Et si defecerimus (if two or more be bound.) Or si defecero (if one onely) in solutione debiti p̄dict', volo & concedo, (vel) volumus & concedimus quod currat su ꝑ me, hered', & executor̄ meos (vel) su ꝑ nos & vtrum (que), vel quemlibet nostrum hered' & executores nostros paena in statuto Stapule de debitis pro merchandizis in eadem emptis recuperand', ordinat̄ & prouis. Datum &c.

Conditions of Obligations and Recognizances.

HItherto haue we shewed the seueral formes of Obligations, Sect. 110. Recognizances, and Statutes. And now for somuch as there be sundrie Conditions and Defeasances made to defeat the same: It seemeth meete in this place to shew the formes of so many of them as seeme necessarie for our instruction in the making thereof, leauing the rest which be almost infinite to be made, as occasion shall be offered.

¶ A Condition, Conditio, is therefore generally a rule, maner, or law, annexed vnto mens actes, staying and suspending the same, and making it vncertaine whether they shall be or no: For a Condition is properly said to be, when any thing is referred to an incertaine chance which may happen, or not happen. But we omitting curiously to search out the diuerse significations and manifold diuisions thereof, will in this place onely touch some such Conditions as may concerne Obligations & recognizances. A condition of an Obligation or Recognizance is such an agreement of both the parties to the same as stayeth and delayeth theffect thereof, vntill the condition happen to be fulfilled, and is of sundry formes. But first we will handle such as concerne payment of money, or deliuerie of goodes, or other things.

¶ A Condition to pay a summe of money at a certaine day.

THe condition of this Obligation is such, that if the within bounden Sect. 111. A. B. his h [...]irs, executors, or administrators, or any of them, do well & truely pay, or cause to be paid vnto the within named C. D. [Page] or his certaine Attorney, executors or administrators, or some of them x. li. of lawfull English money vppon the first day of October next ensuing the date hereof, at, or in the South porch of the parish Church of R. in the saide countie of Y. That then this present Obligation to be vtterly voide and of none effect, or else to stand, remaine and bee of full force, strength, power and vertue.

Note that such Conditions as bee subscribed or written vnder the Obligations vppon the same side of the parchment or paper that the obligation bee written vppon, are commonly called conditions, but such as be indorsed or written on the other side thereof are called indorsements: and then is the same made in this sort.

THe Condition of the within written obligation is such, that if y^• within bounden A. B. &c. to the within named C. D. &c. as next aboue.

¶ A Condition of a Recognisance for the paiment of money at two daies.

THe Condition of this Recognisance is such, that if the aboue Sect. 112. bounden H. G. his heirs, executors, administrators or assignes or any of them, doe well and truely pay or cause to be paid to the aboue named W. C. his executors or assignes or any of them, at, or within the mesuage or mansion house commonly called N. the place wherin M. A. widow now dwelleth, scituate and being in Saint Martins le grand within the citie of London the summe of x. li. of lawfull English money in maner & forme following: That is to say, on the x. day of N. next comming after the date aboue written, at the place aforesaid, betweene the houres of eight of the clocke of the forenoone of the same day, & fiue of the clocke of the afternoone of the same day, v. li. of lawfull English money, and in the tenth day of Februarie then next following, at the place aforesaide, and betweene the houres aforesaide other v. li. That then this Recognisance to be void and of none effect. And if default be made in paiment of the same x. li. or any part thereof, contrary to the order & forme aforesaide, Then this present Recognisance to stand, remaine, continue & be in full force, strength & vertue.

¶ A Condition to pay money and deliuer wooll,

THe Condition &c. that if the within bounden R. S. his &c. do wel Sect. 113. & truely content & pay, or cause &c. vnto the within named R. G. [Page] at &c. the summe of x. li. of good &c. at the feast of &c. And also do well and truely deliuer or cause to bee deliuered vnto the saide R. &c. at the place aforesaid, on this side the said feast of &c. or within foure daies next ensuing after the said feast xl. stone of good, marchantable & perfect fleece woll without tarre or locks, being well, cleane, and sufficiently washed and perfectly dried, That then &c.

¶ A Condition for the farme of Kine, and redeliuerie of them or money.

THe Condition &c. That where the within named A. C. hath Sect. 114. letten to farme to the within bounden C. B. three milch Kine for the terme of seuen yeres next ensuing after the feast of &c. if the said C. B. his heires, executors or administrators, do well and truely content and pay, or cause to be contented & paid vnto the said A. C. his executors or assignes x. s. viii. d. of good English money yerely, and euery yeare during the saide terme, for the farme of the saide iii. milch Kine. And also in the end of the said terme, do deliuer or pay, or cause to bee deliuered or paid vnto the saide A. C. his executors or assignes, three good and able milch kine, or els the summe of &c. for and in consideration of the said three milch kine so demised, at the election of the said A. C. his executors or assignes, That then &c.

¶ A Condition to redeliuer sheepe or money, and the farme.

THe Condition of this obligation is such, that where the within Sect. 115. named T. W. hath letten to farme, and deliuered into the hands and possession of the within bounden E. O. xl. good and sound Ewes, to haue, holde, and to take the whole commodities and profites of the said xl. Ewes, from the feast of &c. last past before the date hereof, for & during the whole time and terme of fiue yeres from thence then next following, and fully to bee ended, if the said E. his heires, executors, administrators, or assignes do content and pay, or cause to be contented, and paid vnto the saide T. his executors or assignes xxx. s. of &c. at the feast of &c. next comming, and so forth yerely, and euery yere at the same feast &c. xxx. s. for the yerely farme of the saide sheepe during the whole terme of the saide v. yeres. And also at the same feast of &c. at the ende of the said v. yeres, which shall be in the yere of our Lord God 1594. do deliuer or cause to be deliuered vnto the same T. or to his certaine Atturney, executors or assignes xl. sufficient and good Ewes whole and sounde, or els in recompence of the aforesaide [Page] sheepe x. li. of lawfull &c. the said summe of money or sheepe to be receiued and taken at the election and free choise of the said T. his executors or assignes, That then &c.

¶ A Condition to pay money, or knowledge a Statute Staple.

THe Condition &c. that if the within bounden W. A. his executors Sect. 116. or assignes on this side the feast of S. within written, do well and truely content and pay, or cause to be paied vnto the within named R. S. his executors or assignes C. li. of &c. at one whole and entier payment. Or els if the said W. A. on this side the said feast of S. shall by a certaine obligation or recognisance of the nature of a statute of the Staple ordained & prouided for the recouerie of debts sufficiently recognise and knowledge before the chiefe Iustice of the Queenes Court of the plees of her Crowne to be holden, or before her highnes chiefe Iustice of her Court of common plees at Westminster in the Countie of Midd,, himselfe to owe vnto the said R. his heires, executors, or assignes, one C. pounds of &c. to be paid vnto the said R. or his certaine Atturney, his executors or assignes, at the feast of thannunciation of the blessed virgin Marie, which shal be in the yere of our Lord God 1593. That then &c.

¶ A Condition to pay Money by a day, or els to yeeld to an arrest.

THe Condition &c. that if one I. W. of R. shall in the feast day of Sect. 117. &c. which shalbe in the yere of &c. wel and truely content & pay, or cause to be contented & paied to the within named E. C. his executors or assignes iiii. li. of &c. according to the tenor of a certain writing obligatorie, bearing date &c. wherin the same I. standeth bound to the said E. C. or els if the said I. W. shal in the said feast day of &c. in proper person come & repaire vnto the Guildhal of the Citie of N. and there shall remain from x. of the clock &c. vntil xii. of the clock at noone of the foresaid feast day, ready to yeeld himselfe to be arrested to answere vnto such action & actions as shall be commenced against him at the suit of the said E. vpon the foresaid writing Obligatorie, That then &c.

¶ A Condition to pay money for a Chaine of gold vpon discent of lands to his wife.

THe Condition &c. That where the within named I. C. hath giuen Sect. 118. to the within bounden T. H. on Chain of gold, if the said T. [Page] H. his executors or administrators, in consideration and recompence of the said Chaine, within one moneth next after any of the lands, tenements, or hereditaments, which late were the inheritance of one W. C. shall in the life of the said T. H. remaine, discend, reuert, or come to A. now wife of the said T. H. by right of inheritance, or as heire to the said W. C. do pay or cause to be paied to the said I. C. the summe of xl. li. of good &c. That then &c.

¶ A Condition to pay after euiction.

THe Condition &c. That where the aboue bounden I. A. hath Sect. 119. lately bargayned, granted, & sold vnto thaboue bounden R. C. & to his heires for euer, all that mesuage & a gardein thereunto adioyning, and an other gardein late &c. and a field called the Has gardein, and a meadow, & a croft called C. E. and other hereditaments in T. aboue named, for the summe of &c. of lawfull money &c. as in a paire of Indentures thereof made betweene the said parties bearing the date hereof plainly appeareth, If therefore the said mesuage, lands, tenements, and other the premisses, or any parcell thereof be, at any time or times hereafter, lawfully euicted, deuested, or taken away from the possession of the said R. his heires, executors, or assignes, without any couin, deceipt, or fraud, and after notice of such said euiction or taking away therof made to the said I. his heires, executors, or administrators, at the parish Church of B. aforesaid by the said R. his heires, executors, administrators, or assignes, then if the said I. his heires, executors, or administrators, within one quarter of a yere next after such notice giuen, do well and truely content & pay, or cause to be contented and paied vnto the said R. his heires, executors, or assignes, at the Fontsto [...]e in the Cathedral Church of Saint Paule in London, the summe of &c. of lawful money &c. or asmuch of the &c. as the part or parcel of the said mesuage, lands, tenements, or hereditaments, as aforesaid, so lawfully euicted or taken away is now worth, after the rate of the foresaid bargaine or purchase, That then &c.

¶ A Condition to pay money after returne from I. &c.

THe Condition &c. That if the within bounden T. T. his executors Sect. 120. or assignes, or any of them, do pay or cause to be paied to the within named W. C. his executors or assignes, or to any of them, the sum of &c, of lawful &c. at one entier payment w^tin one moneth next [Page] after the returne of the saide W. from R. in the partes of Italy into England, and true notice thereof giuen by the said W. C. to the same T. T. That then &c.

¶ A Condition to pay money at his returne from &c.

THe Condition of this Obligation is such, that wheras the within Sect. 121. named D. S. is now minded to trauell personally to the City or towne of I. in the prouince or country, sometime called I. or to the place where the said City or towne sometime was scituate and steo [...]e: if therfore the within bounden A. B. his heires, executors, administrators or assignes, or any of them shall well and truly content, satisfie or pay, or cause to be contented, satisfied or paide, vnto the abouesaide D. S. his executors, administrators or assignes, the summe &c. of lawf [...]ll &c. within &c. next after & ensuing the day of the returne of the said D. S. into the Realme of England, from the said place, and haue lawfully proued, shewed and declared or published vnto the said A. B. his executors &c. by certificate or testimoniall vnder the seale of the said Eitie or Town [...] of I [...] or of the next Citie, towne, or place hauing & common seale, vnto the place where the said Citie or towne of I. was scituate & stood, or vnder the seale of the state of the citie of Venice in I. or by other sufficient or true proues that the said D. S. hath been personally at the said citie or towne of I. or at the place where the same towne or citie sometime was scituate and builded. That then &c.

¶ A Condition to pay money at his returne, mariage or death.

THe Condition &c. that where the within named N. S. hath bargained Sect. 122. & sold to the within bounden H. B. one Gold ring for the summe of iii. li. of good &c. if therefore the said H. his heires &c. do well & truely pay or cause &c. vnto the saide N. S. his executors or assignes the said iii. li. in maner & forme folowing: viz. at, & vpon the day of the comming or arriual of the said N. into I. from the citie of R. or within x. daies next after the said arri [...]ll, or [...], & [...]po [...] the day of the celebration of the marriage of the said N. S. or at, or vpon the day of the decease of the said N. viz. at the first of the said [...]ies or termes which shall next happen to come to passe, That then &c.

¶ A Condition to pay money, vntill, and at Mariage, or after death.

THe Condition of this obligation is such that if the w^tin [...] Sect. 123. E. P. &c. shall well and truly content & pay, or cause &c. to [...] [Page] daughter of the within named I. S. or her assigns xx. s. sterling, yerely and euery yeare at the feast of &c. vntil the day of the mariage of the said E. the first payment therof to begin at the feast of E. within written. And also shall truely content and pay, or cause to be contented and payd to the said E. other assignes xl. li. of &c. at, & vpon the day of the mariage of the said E. And if it shall fortune the said E. to depart this world before she shall be maried, then if the said E. P. hie heires &c. or one of them shall truely content and pay, or cause to be contented and paid to the said I. S. his executors or assignes, the said summe of xl. li. within one mon [...]th next after the decease of the said E. That then &c.

¶ A Condition to pay Childrens parts.

THe Condition of this obligation is such, that if the aboue bounden Sect. 124. R. Y. his heires, executors, administrators, or any of them pay and deliuer, or cause to be paid & deliuered vnto the aboue named W. E. M. & A. naturall children of the aboue named N. late of R. aforesaide, their late father deceased, their seuerall filiall portions or childs parts, of the goods and chattels of their said late father, according to the Inucutor it therof. And also accompt & render vnto them of all other their rights due vnto them, or to any of them by vertue of the last wil and testament of their said father when they come to lawfull age of xx. yeares, or be married, or require the same. And also honestly according to their degrees educate & bring vp the said children during the time of their nonage, with meate, drink, apparel, and learning. And if it fortune any of the said children to die before they come to lawfull age, or be maried, as is aforesaid, Thou if the said R. Y. doe content and pay the portion and other rights of such of him, her or them so dying to whom the law shall appoint the same to be paid, and which of right ought to haue the same. And also saue and keep harmles the aboue named reuerend father in God. Master W. I. Commissatie a [...]ue sa [...], and all other his officers and ministers against al men by reas [...]n of the premiss [...]s. That then &c.

¶ A Condition to pay a rent.

THe Condition of &c. that where the within bounden A. B. hath Sect. 125. lately taken in farme for the terme of vi▪ yeres, of the within named C. D. one tenement set & lying in the town of W. &c. for the rent of xl. s. yerely to bee paide, as in a paire of Indentures thereof made, [...] da [...]e is &c. plainely appeareth: That if the said A. B. or his executors well and truely pay or cause to bee paide to the saide E. D. his [Page] heires and assignes, the foresaid yearely rent of xl. s. at the daies and termes accustomed, according to the tenor and effect of the said Indenture &c. That then &c.

¶ A Condition to pay an Annuitie, and not to su [...] a Replegiarie &c.

THe Condition of &c. that where the within bounden I. P. by his Sect. 126. deed indented, bearing the date of this obligation, hath giuen & graunted to the within named B. one annuitie or annual rent of x. l. of lawfull money of England, to be yearely paide, as in the said deed indented plainly appeareth. If therfore the said I. P. his heires, executors or assignes, doe well and truely content and pay, or cause to be contented or paied, the said annuitie or annuall rent, without suing any Deliuerance or Replegiare, for any beastes, goods, or cattels, at any times hereafter to be distrained for the same rent, or for any part therof, and without making any rescous of any distresse, or distresses, thereof to bee taken, and without any maner of incloser, denier, forstalling, or other disturbance or interruption of the saide I. P. his heires, executors, or assignes, or of any other person or persons by his or their procurement, assent, or agreement. That then &c.

¶ A Condition to repay money receiued with a Prentice.

THe Condition &c. That wher one E. S. sonne to the within named Sect. 127. T. S. by his Indenture of appre [...]ticehood, bearing y^• date hereof, hath put himself apprentice to the within named S. after the maner of his apprentice to dwel with, and serue him, from the feast of S. Thomas thapostle last past before the date of these presents, vntil the end and terme of eight yeres thence next insuing, and fully to be complete and ended, as by the same Indenture more plainly appeareth. And where also the said T. S. the day of the date hereof hath paied and deliuered vnto T. S. the summe of xxx. pound of &c. to occupie and imploy the same to his owne vse, during the saide terme of eight yeares, if the said T. & E. so long do liue, & the said E. do so long dwel with him the said T. S. And where also the said T. S. by Obligation bearing date &c. hereof standeth bound to the said T. S. for the paiment of xx pound of &c. to be paied to the said T. S. his heires, executors, or assignes, the x. day of &c. next comming after the date hereof, as by the fame Obligation more plainly appeareth, to the intent that hee the same T. may imploy the same to his owne vse during the said terme, if the said E. and T. do both so long liue, and the [Page] same E. so long abide with the said T. Therfore if it fortune the said T. S. or the said E. or either of them to die or decease within the said terme of eight yeres, or if the said E. within the same terme of eight yeres, shall happen to be set ouer to any other person or persons to serue out his yeres, or such part of the said terme as he shal then haue to serue, or if the same E. do depart from the seruice of the said T. his said master during the said terme, or if the said terme shalbe expired: Then if the saide T. S. his executors, administrators, or assignes, within thirtie daies next insuing after such decease of the said T. S. or E. or from the setting ouer of the same E. or the departure of the same E. out of the seruice of the said T. S. as is aforesaid, or the expiration of the said terme of eight yeres, which of them shal first chance to come or be after the date hereof, do well and truely pay, or cause to be paied to the saide T. S. his executors or assignes, as well the said summe of xxx. pound, as also the said summe of xx. li. of &c. without fraude, couin, or disceit, That then &c.

¶ A Condition to deliuer Fagots.

THe Condition &c. That if the within bounden F. N. his &c. doe Sect. 128. well and truely deliuer, or cause to be &c. one thousand Fagots of wood of Oke, Ash, or Elme, of able good stuffe, after the rate often hundred to the thousand, & sire score fower fagots to euery hundred, euery fagot to cont [...]ine in length fower foote and a halfe at the least, and one yard within the hand, and to be well made, and full and sufficiently filled and bound, at, or on this side the feast of &c. at the mansion house &c. That then &c.

¶ A Condition to pill and fell wood, make and deliuer Fagots.

THe condition &c. That where the within bounden I. C. y^• day of Sect. 129. the date within written, for a certain summe of mony to him by the within named E. M. at the insealing of these presentes, well and truely paied, whereof the said I. C. knowledgeth himselfe to be satisfied and contented, hath bargained and sold to the saide E. M. all those his tenne Okes, now standing and growing in little M. in the countie of N. in a certain wood, the parcel of a tenement there called C. as the said ten Okes be alreadie marked, out of the said C. to bee felled by the ground in barking time, The barke to bee pilled from them, and the toppes of the said tenne Okes to be made into Fagot wood, called halfe hundred wood, and other blocks meete for the fier, to bee deliuered to the said E. M. his executors or assignes, at the [Page] mansion house of the said E. within the Citie of N. at the costes and charges of the said I. C. his executors or assignes, before the feast of P. &c. Therefore if the said I. C. his executors or assignes, at his or their proper costes and charges, before the said feast of P. &c. shall fell, or cause to be felled hard by the ground in barking time the said ten Okes, and shall pill the barke from them to the most aduantage of the said G. his executors or assignes, and make or cause to be made all and singuler the toppes of the said ten Okes into good and sufficient fagot wood, called halfe hundred wood, and other blockes meete for the fire. And ouer that, if the said I. C. his executors or assignes, at his or their like proper costes and charges, before the said feast of P. shall deliuer, or cause to be deliuered to the said E. M. his executors or assignes, at the mansion house of the said E. within the Citie of N. aswell all and singuler the bodies of the said ten Okes, and euery of them, with the barke from them to be pilled, as also all and singuler the said fagot wood, called half hūdred wood, & other blocks comming and arising of the toppes of the said ten Okes, and euery of them, That then &c.

¶ A Condition to deliuer Codde fish.

THe Condition &c. That where the within bounden T. B. hath Sect. 130. bargained and sold vnto the within named W. K. one thousand Codde fish, commonly called Iseland Codde fish, good and marchantable, and well and sufficiently salted and dried, to be elected & chosen out of the fish that shall be brought from Iseland, in any of the three shippes of the said T. B. which be called by any of these names, viz. &c. to be cast out after the vse and order in that behalfe vsed: that is to say, all skinnes &c. And a hundred of that worst Codde fishes to be cast out of the thousand, ouer and beside the thousand remayning. If therefore the said T. B. his executors, administrators, or assignes, at or on this side the feast of Saint B. thapostle within written, do wel & truely deliuer, or cause to be deliuered vnto the said W. K. his executors or assignes at a certain place, called &c. one thousand Cod fish, of good stuffe and marchantable, well and sufficiently saked & dried, to be chosen out of any of the aforesaid Fish, or out of the said three Ships by the said W. his executors or assignes, and to be cast out after the order aboue prescribed, according to such maner and vse, as in that behalfe is vsed amongst Fishermen or Mariners, and according to the true meaning hereof, That then &c.

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¶ A Condition to deliuer a last of Salmon.

THe Condition &c. That where the within bounden W. W. the Sect. 131. day of the date within written, hath bargayned and sold to the within named H. H. one last of Salmon, accompting twelue barrels for a last, good, salt, sweet and marchantable, to be truely packed in barrels of Assise of the great boūd, for the which last of Salmon the said H. knowledgeth himselfe truely to be satisfied, contēted & paied, if the said W. W. his executors or assignes, well and truely without any delay, deliuer or cause to be deliuered to the said H. H. or to his assignes, by the feast of S. Peter within writtē, the said last of Salmon, good, salt, red, sweet, and marchantable, frank and free at London, That then &c.

¶ A Condition to deliuer Oiles.

THe Cōdition of this Obligation is such, that if the within boū dē Sect. 132. I. at any time before the feast of S. Michael tharchāgel next comming after the date &c. deliuer or cause to be deliuered vnto the within named W. R. his executors, administrators, or assignes, at, or in the now mansion house of the said W. R. scituate in the said Citie of L. ten tunnes of Oile, Ciuill, good, sweete, marchantable, full and well bound accordingly, That then &c.

¶ A Condition to deliuer Lead.

THe Cōdition &c. That if the aboue bounden I. H. his executors Sect. 133. or assignes, do well and truely deliuer, or cause to be deliuered to the aboue named F. R. his executors or assignes, vpon the second day of May next insuing the date hereof, then foothers of good, pure, and marchandizeable boole Lead of the weight cōmonly called the boole weight, most commonly vsed within the Countie of Derby, that is, after the rate & weight of thirtie foote to the foother, euery foote to containe sire stone, and euery stone to containe fourteene pounds, at his Boole hill at Hardwick in the said Countie of D. where commonly he vsed to burne his lead, That then &c.

¶ A Condition to de liuer Salt, or to pay money.

THe Conditiō &c. That if the within boūden R. & I. their &c. shal Sect. 134. deliuer to the within named A. R. his &c. viii. score weies of Bay salt, good, & marchantable, after the rate of twentie one for twentie, or if the said R. or I. their heires or executors, do not deliuer, or cause [Page] to be deliuered to the foresaid A. and R. &c. before the said feast of All Saints, the said eight score weies of Salt, in maner & forme aforesaid: Then if the said R. and I. their heires or executors pay to the aboue named A. R. &c. for and in consideration of the said eight score weies of bay Salt, in the feast of &c. three score pounds of &c. That then &c.

¶ A Condition to redeliuer Plate lent.

THe Conditiō &c. That wheras the aboue named W. W. hath lēt Sect. 135. and deliuered vnto the aboue bounden I. P. certaine parcels of Siluer plate herafter mentioned, weighing 228. ounces and a halfe of Haberdepois weight, of the value of 68. l. and 11. s̄. of lawful English money, after the rate of 6. s̄. for euery ounce of the same weight as particulerly hereafter followeth: That is to say, One liuerie Can guilt, weighing 44. ounces and a halfe, one other liuerie Can guilt weighing 42. ounces and a halfe, one other drinking Can &c. If therefore the said I. P. his executors or administrators, or any of them do within ten dayes next insuing the date hereof well & truely redeliuer, or cause to be redeliuered vnto the said W. W. or his certaine atturney, executors, or administrators, or some of them, in the Hall of &c. All the same parcels of Plate, in such and so good plite, maner and forme in all respects as he the said I. P. or any other person or persons, for him, or to his vse, or by his appointment, hath or shallreceiue the same, That then &c.

¶ A Condition to deliuer Corne.

THe Condition &c. That if the within bounden I. S. well & truly Sect. 136. deliuer, or cause to be deliuered vnto the within named I. M. his &. twentie quarters of Wheat, white and red, sweete, claine, drie, and marchantable with the best, on this side the feast of &c. That then &c.

¶ A Condition for the deliuerie of Corne.

THe condition of this obligation is such, That if the within boū den Sect. 137 I. D. his executors or administrators, do well & truely deliuer, or cause to be deliuered to the within named B. G. his certaine atturney or executors, at the mansion house of the said B. G. within the Citie of N. ten Combes of Rie, able, good stuffe marchantable, [Page] faire, cleane and by a lawfull bushell measured, and also ten combes of Malt like stuffe, marchantable, clean fined, and by a lawfull bushel measured, after the accustomed measur in the said Citie of N in maner and frome following: that is to say. On this side the feast of the Natiuitie of our Lord God the said ten combes of Rie. And on this side the feast of E. then next following the said ten combes of Malt, after the rate and measure aforesaid, That then &c.

¶ A Condition to deliuer Coales.

THe Condition &c. do deliuer, or cause &c. T. C. his &c. at a certain Sect. 138. place in the ward of C. within the Cittie of L. commonly called & knowne by the name of the common Wharfe, twenty Chalders of coales, commonly called New castel or Sea coales, well and truely measured, and as good, great, & large measure, as is commonly made and deliuered at the key side in great Yarmouth, of verie good, able stuffe, and marchantable with the best, on this side the feast of &c. That then &c.

¶ A Condition to carrie Coales.

THe condition &c. That if the aboue bounden T. C. his executors Sect. 139. or administrators, or any of thē, at his & their onely proper costs and charges, do lead, carrie, bring, and deliuer, or cause to be ledd, carried, brought, and deliuered to the said W. W. his executors &c. forty good and sufficient wayne loades of Sea coles, euery loade thereof containing one whole rucke of Coales, or more, from the cole pīts, commonly called K. coale pits, in the Lordship of K. aforesaid, to the now dwelling house of the said W. W. in K. aforesaid, at the seuerall times hereafter expressed: That is to say, ten loades of the said fortie loads parcel, before the feast of Penticost next insuing the date hereof, and other twentie loades of the said fortie loades before the feast of Saint Michael tharchangel now next insuing, and other six loads of the said fortie loades, before the said feast of S. Michael tharchangell, which shall be in the yeare of our Lord 1597. And other sower loades of the said fortie loades residue, before the said feast of S. Michael, which shall be in the yeare &c. That then &c.

¶ A Condition to seale an Obligation with a suertie.

THe condition of this obligation is such, that if the within bounden Sect. 140. T. S. his heires, executors, or administrators, and one other [Page] good, able, and sufficient person with the said T. S. on this side the feast of &c. do seale, and as their deedes sufficient in the law, deliuer vnto the within named I. C. his executors or assignes, one good, lawfull, and sufficient writing Obligatorie in the law, wherein the said T. S. and the other good, able, and sufficiēt person, and their heires, executors, and administrators, and euery of them, shall be and stand bound iointly and seuerally vnto the said I. C. his executors & administrators, in the summe of one hūdred Markes of good English money, indorced with condition in due order and forme of lawe, for the true payment of xl. pound of like money to be paied vnto the said I. C. his executors or assignes, in maner and forme following: that is to say, at the feast of &c. x. l. at the feast of &c. then next ensuing tenne pound, and so from thenceforth yeerely, and euery yere then next and immediatly following, at the feast of &c. ten pounds of like money, butill the said xl. pounds be fully satisfied and paied, That then &c.

¶ A Condition to cause one to seale an Obligation.

THe Conditiō &c. That if the within boūden I. C. before the feast Sect. 141. of N. next comming after the date hereof, cause W. C. &c. to be bound by his writing obligatorie sufficient in the law, and with his Seale insealed, vnto the within named T. in xl. pound▪ of &c. to be paied the x. day of A. &c. And also before the same feast, cause the said W. to deliuer the same Obligation for his deede vnto I. K. of H. to the vse of the said T. That then &c.

¶ A Condition to release &c.

THe Conditiō &c. That if the within bounden B. C. do cause I. M. Sect. 142. and E. his wife, before the feast of Easter next comming, at the costs and charges in the law of the said B. by their sufficient deed in the law, to release, remit, and quite claime to the within named C. D. &c. and their heires, all their right, title, dower, and interest which the said I. M. & E. his wife, or either of them haue, had, or may haue, of, and in all such lands, tenements &c. That then &c.

¶ A Condition to make a Ioynture.

THe Cōditiō &c. that if the within boūden W. R. &c. or his heirs, Sect. 143. at their owne proper costes & charges, before the feast of E. next after the date within writtē, make or cause to be made vnto A. B. &c. [Page] a good, sure, sufficient, and lawfull estate in the law, of, and in all and singuler those landes, tenements &c. with the appurtenances in the Citie of L. of the yerely value of x. pound &c. ouer & aboue al charges and reprises. To haue and to hold all the said lands and tenements with the appurtenances vnto the said A. B. &c. for terme of the life of M. G. to the vse of the same M. G. and to her assignes for terme of her life, the which M. by the grace of God, shall marie and take to husband the said W. R. And also if the said W. R. after the said estate, of, and in the lands and tenemēts afore rehearsed, do suffer and cause to be done, all and euery such thing and things, as shall be aduised by the learned Counsell of the said A. B. C. D. &c. their heires and executors, to make the foresaid state sure to the aboue named A. B. to the vse of the same M. for terme of her life, be it by recouery, fines, feoffements, release, confirmation, and deedes inrolled with warrantie, or without warrantie, or any of them, or otherwise, That then &c.

¶ A Condition to make an estate.

THe Conditiō &c. That if the within boūden C. W. or his heires, Sect. 144. within sixteene daies &c. do make & deliuer, or cause to be made & deliuered vnto the within named T. H. and his heires, a good, perfect, sure, and lawfull estate in fee simple, of, and in three roddes of free land in C. called R. to the onely vse of the said T. H. his heires & assignes for euer. And also if the said W. or his assignes, shall not impaire any of the premisses, by felling of any wood or timber, or otherwise, before or after the making of the said estate, That then &c.

¶ A Condition to make a Iointure.

THe Condition &c. That where the within bounden I. C. by the Sect. 145. grace of God, shall marie and take to wife C. E. daughter of the within named R. E. If therefore the said I. C. his heires or assignes, within the terme of one yeere next after the date within written, do conuey and assure, or cause &c. vnto the within named R. E. and N. E. or their heires, so much lands, tenements, and hereditamēts, lying in the Countie of N. as then at the assurance making, shall be, and so cōtinue to be of the yeerely value of &c. by yeere, ouer al charges and reprises. To haue and to hold the said lands, tenements, and hereditaments vnto the said R. E. and N. E. and their heires, to the vse of the said I. C. and C. & their heires for euer. And also if the said I. C. or his heires, within 6. yeares &c. shall purchase so much other lands and tenements, as shal am [...]ūt to the value of 30. pounds of good &c. [Page] and shall make the like conueyance and assurance of them to the said R. and N. and their heires, to the vse aforesaid, That then &c.

¶ A Condition for further assurance.

THe Condition &c. That where the within bounden W. R. for & Sect. 146. in cōsideratiō of a certaine summe of money to him paied by the within named R. E. hath bargained and sold vnto the said R. all that mesuage &c. with thappurtenāces, late &c. if A. E. of N. Mercer, and C. his wife, late daughter of the said R. M. and the heires of them, & euery of them, within the space of &c. shall do and suffer, or cause to be done and suffered, all and euery thing &c. whatsoeuer, which shall be deuised, aduised, or required of the said W. his heires or executors, by the said R. E. his heires or assignes, or the learned counsel of the said R. his heires or assignes, at the costs & charges in the law of the said R. his heires or assignes, for the good & perfect conueying & assuring of all and singuler the said mesuages and premisses with thappurtenances, to be made sure and perfect to the said R. E. his heires and assignes, to the onely vse of the said K. his heires & assignes for euer, be it by fine, feoffement, deede, or Indenture, recouerie with voucher or vouchers, confirmation, release with warrantie, onely against the said W. R. & his heires, or by any other way or meanes whatsoeuer &c. And &c. As in Conditions to saue harmelesse, That then &c.

¶ A Condition for making of a Lease.

THe Condition &c. That if sir I. C. knight, his heirs or assignes, Sect. 147. before the feast of S. Michael tharchangel next insuing the date hereof, cause or procure R. N. of &c. to surrender, cancell, and to make frustrate, one Indenture of Lease to him made by the said Sir I. of iiii. closes, lying &c. and of all other the grounds, tenements, & hereditaments, mentioned & expressed in the said Indenture of lease. And moreouer, if the said Sir I. his heires or assignes, do before the xx. day of Octob. next insuing, make, seale, & deliuer vnto the aboue named R. C. his executors or assignes, one good & sufficiēt lease by Indenture of the said iiii. closes, & of all & singuler other the lands, tenements, & hereditaments, contained in the said former Indenture of lease, for the terme & space of xxi. yeeres, to begin & take effect frō the feast &c. with a clause of reseruatiō of the yerely rent of xx. s̄. to be inserted in the said Indenture. The same lease, grounds, closes, & premisses to be then discharged of all former leases, charges, bargains, & incūbrances, had, made, or done by the said sir I. his heires & assigns. [Page] And lastly, if the said Sir I. his heires & assignes, and euery of them, do from time to time, & at al times after the said feast of S. Mich. the archangel, within the time & space of fiue yeres next insuing the date her [...]of, execute, suffer, and make, or cause &c. all and euery such further act and thing &c. That then &c.

¶ A Condition to performe an Exchange.

THe Condition &c. That where the aboue boūden H. B. hath giuen Sect. 148. & granted in exchange to the aboue named I. B▪ all those &c. all which are contained & certeinly expressed in one Indēture of the date of these presents, made between the said H. B. &c. as by the same more at large it appeareth. If therefore the said H. B. do not at any time hereàfter disagree from the same exchange, nor do not hereafter suffer to be done, any thing or act whereby the said exchange shall or may be made void or frustrate: And further, do cause and procure all and euery heire & heires apparant of the said H. being of the full age of &c. to ratifie, confirme, and make perfect for euer the said exchange within one &c. next after such heire or heires apparant shall accomplish the said age, That then &c.

¶ A Condition to reinfeoffe.

THe Condition &c. That whereas the within named H. A. by his Sect. 149. deede of feoffement, hath giuen, grāted, and confirmed and deliuered vnto the aboue bounden E. T. al that manor, capitall mesuage' tenements & farme, called or knowen by the name of D. with all and singuler thappurtenances, and also all other the mesuages, lands, tenements, & hereditaments whatsoeuer, which now be, or late were accepted, reputed, vsed, knowen, or letten, to, with, or as part, parcell, or member of the same manor, tenement, or farme, with the rentz, reuersions, and seruices to the same belonging or appertaining. And all those lands, tenemēts, & hereditamēts in H. in the said County of E. To haue and to hold to the same E. his heirs & assignes, as by the said deed of feoffement it may more plainly appeare. If the said E. or his heires, before the first day of &c. next ensuing y^• date herof, shal make, or cause to be made, at the costs & charges in the law of the said H. A. such sure and lawfull estate in fee simple, without condition or morgage, to the only vse of the said H. A. his heires or assignes for euer, of and in the said manor, chiefe mesuage, tenement, farme, and all other the premisses with their appurtenances, as is or shalbe deuised or aduised by the said H. his heirs or assignes, or by the Counsel learned of any of them. And also if the said manor, & all other the premisses, and [Page] euery part therof, at the time of the said estate & other assurance therof made, shalbe cleerely exonerated and discharged of all former bargaines, sales, charges, & incumbrances whatsoeuer, had, made, done, procured, or suffered to be done by the said E. T. (the title of Dower of S. the wife of the said E. onely excepted) And also if the said E. T. and S. now his wife, and all and euery other person and persons now hauing any right or title, in, or to the premisses, by, or from the said E. T. from time to time, and at all times hereafter, within the space of two yeres next insuing the date hereof, when and as often as they, or any of them shalbe therevnto reasonably required by the said H. his heires or assignes, shall at the costs & charges in the law of the said H. A. his heires or assignes, do, make, knowledge, and suffer to be done, all and euery such acte or actes, thing and things, for the more better and further assurance of the premisses to be had and made sure to the said A. his heires and assignes, as by the counsell learned of the said H. A. his heirs, executors or assignes, shalbe reasonably deuised or a [...]uised, be it by fine, feoffement, release with warranty, or otherwise.

And also if the said E. T. shal for euer hereafter acquite, discharge, and saue harmelesse, aswell the said H. A. his heires & assignes, as the premisses, and euery part thereof, for, and concerning such interest, dower, and title of dower, as the said S. now the wife of the said E. shall or may haue, in, or to the premisses, by or after the death of the said E. T. That then &c.

¶ A Condition to graunt an Annuitie

THe Condition &c. That if the within bounden W. B. and F. B. Sect. 150. or one of thē, or the heires, executors, or administrators of any of them, on this side the feast &c. do duely & lawfully graunt, conuey and assure, or cause &c. vnto one C. H. of &c. and M. his wife, by good & sufficient assurance in the law, one yerely rent or annuitie of x. li. by the yere, to be going & issuing out of the lands & tenemēts of the said W. B. and F. B. in C. &c. within the Countie of N. now being, & which hereafter for euer shal continue & be of the cleere yerely value of xx. li of &c. ouer all charges & reprises, of which said lands & tenements the said W. and F. or one of them at the time of the said annuitie graunting and assuring, shalbe lawfully by good, lawful, & sure interest and title, soleseised in their demesne as of fee, to their owne vses, without any condition or limitation which may alter or determine the same: The said rent or annuitie to bepaid vnto the said C. & M. his wife, or to one of them, & to y^• longer liuer of either of them, at the feasts of &c by euen portions. To haue, hold, receiue, & inioy the said annuitie or [Page] annuall rent of &c. vnto the said C. and M. and their assignes, and to the longest liuer of them at the feastes aforesaide, by euen portions yerely & euery yeare during the naturall liues of the said E. & M. and the longer liuer of either of them. And also if the said W. and F. or one of them at the said assurance making, shall haue full power, right, & lawfull aucthoritie, to conuey and assure the said yerely rent or annuitie to be issuing out of the said lands & tenements aforesaid, vnto the said C. and M. his wife, & either of them, & the longer liuer of them. And also if the said W. and F. or one of them at the saide graunting & assurance of the said annuitie, shall & will therby charge the said lands and tenements with a sufficient clause of distresse, that if the said rent & annuitie, or any part thereof, shalbe at any time behind when it ought to be paied: That then it shall and may be lawful vnto the said C. & M. and euery of them, and the longer liuer of either of them, to enter in and vpon the lands and tenements aforesaid and there to distraine, and the distresse & distresses there so found, to take, lead, driue, chase, and carrie away, and with them and either of them, and the longer liuer of them, to withhold and detaine, vntill the saide C. and M. and the longer liuer of them, shalbe of the said yearely annuitie of xv. pound, & also of xl. s. in the name of a paine for euery such default of payment, together with the arrerages thereof, if any shall happen to be, fully satisfied and paide. And also if the said W. and F. or one of them at the said granting and assuring of the said rent or annuitie, as is aforesaid, shalbe and stand lawfully seised of the lands and tenements, whereof the said rent or annuitie shalbe so issuing or limited to issue, as is aforesaid, in their demesne as of fee to their own vses, without any condition or limitation by good, lawfull, sure, interest, and perfect right & title, discharged or saued harmelesse for euer, of, and from all maner charges & incumbrances, except the rents and seruices to be &c. and except the said rent or annuitie, That then &c.

¶ A Condition to surrender Customa [...]ie lands.

THe Condition &c. is such, That where the within bounden I. R Sect. 151. hath bargained and sold to the within named T. L. all that his mease with the difices, and fower [...]tes and a halfe of arrable land &c. with all their appurtenances &c. To haue and to holde the said tenements & premisses, to the said T. and to his heires, at the will of the Lord and Lords of the manor whereof the same bin holden, after the custome of the said manor or manors wherof they be parcel, if y^• same I. R. at the next Court or Courtes to be holden at the same mannor [Page] or manors; do surrender and yeld into the hand of the Lord or Lords of the said manor for the time being, all his right &c. to the vse of the said T. and his heires, in such wise, as the same T. or his heires shall and may be admitted tenants of the same, to hold the same to them and to their heires at the wil of the Lords aforesaid, after the custome of the said manors. And also if the said I. or his heires, shal at al times hereafter discharge the premisses of all former bargaines, sales, iointures, dowries, rents, fines, forfeitures, paines, & amerciaments, and other charges, had, done, caused, or made, at any time or times before the said surrender, That then &c.

¶ A Condition to make a Boat.

THe Condition &c. That if the aboue bounden I. M. & I. B. their Sect. 152. executors or assignes, or any of them, do, shall, and will well and truely work and make, or cause to be well & truely wrought & made, at the only proper costes and charges of the said I. and I. their executors or assignes, one good, sufficient, & perfect Boat called a Catch, to, and for the only proper vse and behoofe of the aboue named S. S. And the same Boat or Catch, do and shall worke & make in greatnes and goodnes, both in length and breadth and burthen, like vnto a certain boat called a Catch of A. H. now alreadie made & wrought. And the said boat or catch do and shal make broader in the bottome of the same, then the said boat or catch of the said A. H. now is by the quantitie of one hand breadth, and do and shal worke and make the same of good substantial, and seasonable timber wood, and all other stuffe requisite and necessarie for the making thereof, and of so good workmanship in all points and properties, and to al purposes and intents, as the said boat or catch of the said A. H. now is made and wrought of, without all couin, fraud, & disceit, & the said boat or catch wel, sufficiently, & perfectly wrought & made, as is aforesaid, do and shal well & truly deliuer or cause to be deliuered before the xv. day of Iune &c. at M. in the said coūtie of N. to the said S. S. his executors or assignes without further delay: So that the said S. S. his executors or assignes, or any of them do, at, and vpon the deliuerie of the said boat or catch, well & perfectly wrought & made, as is aforesaid, content & pay, or cause to be contented and paid to the said I. M. & I. B. their executors &c. the iust and whole summe of vi. l. &c. That then &c.

¶ A Condition to make an estate of lands by fine.

THe Condition &c. That where the aboue bounden W. P. hath Sect. 153 receiued of the within named R. L. the summe of &c. if the said [Page] W. P. and M. his wife, in consideration of the said summe of &c. before the feast of &c. do make a sufficient and lawfull estate in the law in fee simple by fine in due forme of law, to be leuied at the costs and charges of the said R. L. to I. L. and W. L. of, and in the lands & tenements in H. in the Countie of N. being of the inheritance of the said M. and of the yerely value of &c. to the intent that the said I. L. & W. L: shall by the same fine, graunt & render againe the same lands & tenements to the said W. P. & M. during their liues, without impeachment of wast, the remainder after the decease of the said W. & M. to E. the wife of the said R. L. and daughter of the said W. & M. for terme of her life, & after the decease of the said E. the remainder to the said R. L. and to the heires &c. And also if the said W. P. before the said feast of &c. make a lawfull graunt to the said R. L. of all his whole terme and interest for yeres, which the said W. P. hath of the demise and lease of our Soueraigne Lord the king, in the west grange lately belonging to &c. That then &c.

¶ A Condition to make reparations and fences.

THe Condition &c. That where the aboue named T. H. hath and Sect. 154. holdeth, or hereafter shall haue and hold one mesuage, xx. acres of arrable land, and one acre of meadow, in L. and S. in the Countie of E. for certaine yeeres yet induring, for a certaine yerely rent, the remainder or reuersion thereof belonging vnto the said W. B. & A. his wife, & the heires of the said W. B. as by a certaine fine knowledged before sir E. A. knight, Lord chiefe Iustice of the common Plees at Westm̄ & other the Queenes Maiesties Iustices of the same bench of the same premisses, for that purpose, in the same terme of S. Trinitie last past, vpon graunt and tender, plainly appeareth. If therefore the said T. H. his executors, administrators, or assignes, & euery of them, at his and their owne proper costes and charges, shall at all times hereafter during the continuance of the said terme of yeares, in the said fine expressed, well and sufficiently make, repaire, sustaine, maintaine, and vphold, all the houses, edifices, walles, pales, hedges, fences, ditches, & watercourses, and buildings, in and vpon and about the den [...]ised premisses. And in the end of the same terme leaue the said houses & buildings so sufficiently repaired, sustained, maintained and vpholden, and the ditches, watercourses, hedges, and fences, well and sufficiently amended; scoured and made. And also if the said T. H. his executors, administrators, or assignes, and euery of them, shall during the terme aforesaid, pay and beare all subsidies, [Page] outrents, tares, and all other charges whatsoeuer, issuing out, of, or: from the premisses, or any part thereof, and thereof discharge & saue harmelesse the said W. G. and his wife, and the heires of the said W. That then &c.

¶ A Condition for the warrantie of Woad, or any like thing

THe Condition &c. That where the within bounden F. hath bargained Sect. 155. & sold, & deliuered to the within named R. one thousand Bales of Tholou [...]e woad, of the markes of fower knots euery bale, and hath promised & warranted vnto the same R. that euery set of the same woad shall make, when it is set and proued, fower pound &c. if it be so that euery set of the same woad when it is set and proued, make the said warranty of iiii. pound sterling &c. Or if any set of the foresaid Woad (reckoning three hundred for a set) make not when it is set and proued the said warrant of iiii. pound sterling. And then if the foresaid F. from time to time, vpon due knowledge thereof to him made and giuen by the foresaid R. or by his assignes, do well & truely deliuer, or cause to be deliuered to the said R. or to his certain Atturney, or to his executors, at the Bridge foote in the citie of L. as much Tholouse woad of the goodnes and warrantie aforesaid, after xvi. s. sterling for euery such hundred weight thereof, as shall lacke in any set of the foresaid warrantie of iiii. pound sterling. That then &c.

¶ A Condition to warrant the sale of a Ship.

THe condition &c. That where the within bounden A. B. sold vnto Sect. 156. the within named C. D. a certaine Ship called the M. of C. & all maner of battel instruments, furnishments, & apparrel of the same Ship with thappurtenances, for a certain summe of money between them accorded, as in a bill of sale thereof made plainly doth appeare, if the said C. D. well and peaceably may haue, hold, inioy, and possesse to him, his heires & assignes, all the said ship, battel instruments, apparell, & appurtenances aforesaid, without contradiction, let, or disturbance of any person or persons, by reason of any lawfull claime or interest in the same, before the date of these presents had or made, according to the tenor and effect of the said bill, That then &c.

¶ A Condition to inioy lands quietly.

THe Condition &c. That if the within named A. may haue, hold, & Sect. 157. peaceably possesse to him & to his heires and assignes, for euer, al those fiue mesuages with thappurtenances, which somtime were the within bounden W. H. without any disturbance, let, interruption, [Page] euiction, expulsion, impleading, molesting, vexation or griefe, either of, or by the said C. his heires, or any other person or persons whatsoeuer, hauing or pretending any maner right, title, vse, claime, or interest, of and in the said fiue mesuages, or any part or parcel of the same That then &c.

¶ A Condition peaceably to inioy Corne or grasse.

THe Condition &c. That where the within bounden R. C. by his Sect. 158. writing indented, bearing date the day of y^• date hereof, amongst other things hath bargained and sold vnto the within named I. C. al his Barley growing vpon xx. acres of land, parcell of the manor late of C. And the Pease and Fitches growing vpou &c. parcel of the said manor, and the grasse growing vpon al the meadow grounds belonging to the said manor, & the Hempe growing vpon two hempe lands parcel of the said manor, containing by &c. as by the said writing indented more euidently appeareth, If the said I. C. his executors and assignes, shall or may peaceably & quietly fell, carrie away, haue, hold and inioy, to him, his executors & assignes for euer, all the said corne, grasse, and hempe, without any lawful let, interruption, disturbance, trouble, or vexation of any person or persons, That then &c.

¶ A Condition peaceably to inioy lands.

THe Condition &c. That where the within bounden. T. S. & M. Sect. 159. his wife, by their deede of feoffement indented, bearing date &c. haue executed and made an estate vnto the within named W. F. and E. his wife, of a certaine tenement, and the moitie of a well in N. in the &c. as by the same deede it doth and may appeare, if the said W. & E. and the heires & assignes of the said W. shall & may for euer hereafter, haue, hold, and inioy al & singular the premisses, and euery part thereof, according to the tenor, forme, and effect of the same deed indented, discharged, or otherwise saued harmelesse for euer, of, & from all maner of charges, troubles, and incumbrances, had, made, done, or suffered by the said T. and M. or either of them, the rent aud seruices from thenceforth to be due or payable for the premisses, or any parte thereof, to the chiefe Lord or Lords, &c.

¶ A Condition to suffer one to inioy lands recouered.

THe condition &c. That if the within bounden Sir W. P. his executors, Sect. 160. administrators, & assignes, & euery of them, do permit & suffer the within named S. N. his heires, executors, administrators, [Page] farmers, tenants, & assignes & euery of them peaceably & quietly to haue, holde, occupie and inioy without let, disturbance, veration or interruption of the said S. W. P. his &c. the manor of C. now in the tenure and occupation of the said S. N. and which lately belonged to the Chantry, Prouestry or Colledge of C. in the said county, & which one I. C. gentleman lately recouered amongst other lands and tenements by a writ of entre sur disseisin en le post against E. A. Clarke, late Prouost of y^• said Chantrie, Prouestrie, or colledge of C. aforesaid according to the true meaning, effect, & intent of a paire of Indentures of award indented made betweene the right honorable S. T. A. knight and S. E. M. K. bearing date &c. And also if the saide W. P. do yerely for euer acquit & discharge the said S. N. & his heirs of and from al such tenths as shalbe paiable and demanded on the behalfe of our said Soueraigne Lady and her successors, of, in, or for the said Manor, lands, and tenements, that then this &c.

¶ A Condition to saue harmelesse.

THe Condition &c. that where the within bounden W. D. hath Sect. 161. bargained & sold to the within named I. T. all those his mesuages, lands, tenements, & hereditaments, both freehold and copyhold in H. L. C. and K. in the countie of N. which W. D. deceased Father to the said W. or any other to his vse were seised of, as by an Indenture made thereof, bearing date &c. more plainely it doth & may appeare, If the within bounden D. his heires, executors & assignes shal from henceforth, from time to time acquite, discharge or saue harmelesse aswel the said landes, tenements, and hereditaments, and euery parcel thereof both freehold and copyholde, as also the said I. T. his heires and assignes against I. the late wife of the said W. D. deceased, and against all other persons, of, and for the dower, title, estate and interest of dower which the said I. the late wife of the saide W. D. deceased hath or is intitled or ought to haue of, in, and to the said landes and tenements, and all other the premisses or any parcell thereof, that then &c.

¶ A Condition that lands be discharged &c.

THe Condition &c. That whereas the within bounden T. D. by Sect. 162. his deede indented, bearing date &c. hath made & executed an estate vnto the within named L. W. of and in foure tenements with [Page] their appurtenances lying in N. &c. vnder a certaine condition in the said deed expressed, as by the same deed at large doth & may appeare: If therfore the said foure tenements with all their appurtenances at the time of the said estate and feoffement making, were cleerely discharged of all former bargaines, sales, titles, dowers, iointures, statutes marchants and of the staple, annuities, leases, and of all other troubles, charges & incumbrances whatsoeuer they be: the said condition, and the rents and seruices to be due, and going out of the premisses to the chiefe Lord of the fee of the same only except. And also if the said T. D. and E. now his wife, vpon the default of payment of any summe or summes of money in the said deede of feoffement cō tained, shal make or cause to be made to the vse of the said L. W. his heires and assignes, such further, good & sufficient assurance, of, & in the premisses, & euery part & parcell thereof, as shall be from time to time further deuised or required by the saide L. W. his heires or assignes, or by his or their learned counsell, at the costes and charges in the law of the said L. W. or his heires or assignes, That then &c.

¶ A Condition to defend the title of lands lately recouered and to pay costes expended about the same.

THe condition &c. That where the within bounden S. W. W. & Sect. 163. E. D. lately recouered the manor of E. and diuers other landes and tenements in E. aforesaid by a cōmon writ of Entre in the post against the aboue named E. T. & G. T. which recouerie was had to the vse of the said G. T. for terme of his life without impeachment of wast, & after his decease to the vse of the abouenamed E. T. for terme of his life, if the said S. W. W. and E. D. their executors administrators and assignes, and euery of them doe hereafter at their costes and charges in the law lawfully defend the said E. T. and G. T. against all such persons as heereafter shall make any lawfull entry, in, or to the said manors, landes, and tenements, or that shall commence anie action, bill or plaint against the said E. T. and G. their tenants, farmers or seruants concerning the occupation, title, or interest of the said E. and also if the said S. W. W. and E. D. their executors and assignes do hereafter truely content and pay to the said E. & G. their executors and assignes, all such lawful costs & charges as they hereafter shal happen to beslow & spend, in, and about the defence of th [...] interest and title which they haue in, and to the said manors, lands & tenements, That then &c.

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¶ A Condition to pay money for mariage.

THe Condition &c. that if the within bounden E. H. T. H. & W. Sect. 164. A. or one of them, their heires, &c. or any of them, do well & truly content and pay or cause to be contented or paied to the receiuer generall of the Q. Maiesties court of Wardes and liueries, or to his lawfull deputie for the time being to her highnesse vse, at all feasts of &c. which shal be in the yere of our L. God &c. the summe of &c. in part of paiment of &c. for the fine of licence of mariage of E. H. late wife of T. H. esquire deceased, That then &c.

¶ A Condition to bequeath goods to a wife.

THe Conditiō &c. that if the within boūden W. C. shall giue, bequeath Sect. 165. and appoint by his last will & testamēt, vnto A. S. whom the said W. C. intendeth to take to wife, if it please God to spare him life, so much of his proper goods & cattels as shall extend & be worth one C. markes. And that the said A. & her executors after the decease of the said W. C. shal & may quietly haue, inioy, and possesse the same goods and cattels according to the same last will and testamēt without let or interruption of the executors or administrators of the said W. C. or of any other person or persons, That then &c.

¶ A Condition to get the assent and counsell of the court of wardes to let certaine lands.

THe Cōdition &c. that wheras the same I. B. by vertue of a lease Sect. 166. to him made out of the court of wards & liueries, vnder the seale of the same court is at this present time possessor, for, and during the minoritie of T. H. the Queenes maiesties ward, of, and in one great, large & capital mese farme or tenemēt in W. aforesaid, and of diuers pastures, closes, lands and tenements in W. aforesaid of the yeerely rent of &c. of the inheritance of the said D. H. whose cōmittee thereof I. W. now is, In which lease there is a prouiso or a condition that he the said I. B. shall ne may without the speciall license of the counsell of the said court of Wardes and liueries, alien, bargaine, or sell his sayd interest and terme, of, and in the said, premisses to any person or persons vnder paine of forfaiture of the said interest. If therefore the said I. B. at, or before the day of &c. next ensuing the date aboue written, do procure and lawfully get and obtaine the good willes and assents of the counsell of the sayd Court of Wardes and liueries, for to alien, giue, and graunt his said interest and estate [Page] of M. and to the said capitall mese and premisses to the said I. W. and his assignes, and at, or before the same day of &c. assure and lawfully cōuey the same his interest and estate of & in the said premisses, together with the deed of the lease thereof to the said I. W. & to his vse discharged, of, and from all former bargaines, sales, charges, and incumbrances whatsoeuer, by him the said I. B. or by his consent or meanes done, suffered or procured, & also, at, or before the said day of &c. deliuer or cause to be deliuered to the vse of the said I. W. his executors or assignes the said deed or Indenture of the said lease. That then &c.

¶ A Condition for the occupying of two boates and certaine nets.

THe Condition &c. that where the within bounden H. H. and the Sect. 167. within named I. W. are proper owners of one boat called the A. of the burthē or weight of vi. tunne or thereabouts with the sailes, tacklings, cables, and ankers, and other apparell and furniture to the same boat belonging, and also of lxii. herring nets and mackrel nets, and whereas also the said H. & I. are likewise owners of three partes of one other boat in foure deuided called the M. of the burthen of C. tunne with three parts of all maner of cables, tacklings, cabels, and ankers, and all other furniture and apparell to the same boat called the M. belōging &c. And wheras also the said I. W. is proper owner of one net called a set net with ii. ankers, and other necessaries thereunto belōging, which boates and nets, by the consent of both the said owners are put to the vse of the said H. H. for the affaires and viages of fishings called herrings faire, and mackrel faire, to be made from time to time, as wel for the benefite and commoditie of the said I. as for the cōmoditie of the said H. H. Now if the said H. H. his executors &c. do at all times hereafter without fraud or guile make a iust accosit, & true and perfect reckoning, to the said I. his executors &c. of, for, & concerning the benefits, profits and commodities of euery voyage called herring and mackrel faire, from time to time when he shal be hereunto lawfully required, and do yeeld and pay vnto the said I. his executors &c. the moity of euery such profits and cōmodities had & made of euery such viages without fraude or collusion, and shall be answerable to the said I. his executors &c. for the moity of the said boats, nets, and apparell when he shall be thereunto lawfully required, except alwaies the misfortune, and casualties of the Sea to be at the aduenture of the said I. That then &c.

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¶ A Condition to purchase and sell.

THe Condition &c. That if the within bounden T. C. at any time Sect. 168. hereafter doe buy or purchase to him and his heires for euer, the manor of C. with the appurtena [...] in [...] within written, then if the said C. at the request of the within named I. D. bargaine & sel, giue, grant, and lawfully assure to the within named I. and to his heirs for euer, one parcel of land containing by estimation 3. arres parcel of the said manor for so much money, & as good cheape as the said T. doth buy the same parcel of three acres, after the rate of the purchase of the said whole manor and not otherwise, so that the mony be paied to the said T. at the time of the said bargaine or estate thereof to bee made without any fraud or deceite, That then &c.

¶ A Condition not to purchase an appeals.

THe condition &c. that if the aboue bounden A. V. nor any for her Sect. 169. or in her name to her knowledge, or by her meanes, aduice, consent or procurement, doe from henceforth willingly commence, preferre, prosecute or follow [...]y enditement, appeale, or any other action or suit, neither voluntarily giue, or procure to be [...] giuen any euidence or proofe against &c. nor against any of them, for or concerning the death or killing of W. V. late husband to the saide A. V. nor willingly do or cause to be done any act or thing whatsoeuer, for the further suing or inditing of &c. for or concerning the death or killing of the said W. V. That then &c.

¶ A Condition [...]t to prosecute [...]y action in the spirituall Court.

THe condition &c. That wher heretofore ther hath been processe Sect. 170. procured by the aboue boūden T. S. forth of the Queenes Maiesties Ecclesiasticall court at Yorke against Agnes then called by y^• name of A. W. whom the aboue named G W. hath now espowsed and taken to his wife, vpon pretence of a [...]e contract surmised by the said T. S. to be made betweene him the said T. & the said Agnes. If therefore the saide T. S. nor any for him or in his name, by his meanes or procurement doe from hence forth prosecute and followe, or cause to be prosecuted and followed the saide sui [...]e against the said A. nor against any other person or persons that heretofore haue had any dealing in the said suite or matter on the part and behalfe of the said A. nor doe at anie time hee [...]eafter procure or commence, nor cause to be procured or commenced any other fuite, or processe forth [Page] of the same Ecclesiasticall court, or any Court [...]oritie to holde plea thereof against thē said G. W. and A. now [...] wife, or against any other person or persons, that haue trauailed or delt in that cause against the said T. S. or that haue trauelled on the behalfe of the said A. and moreouer if the said T. S. doe at all times hereafter within one yeare next insuing the date thereof, do & suffer to be done all and euery such act and acts, thing and things, as hereafter shal be deuised or aduised by the councell of the said G. and A. for the cleare and vtter determination and discharge of all such pretended right or claime, as the said T. S. hath, might, or may haue challenge or make against the said A. by vertue or colour of any precontract or promise betweene him the said T. and the said A. surmised or pretended, or by reason of any other matter whatsoeuer heretofore had or mooued betweene the said T. S. and the said A. at the costes and charges in the law of the said G. W. That then &c.

¶ A Condition to performe coneuants.

THe Condition &c. That if the within bounden T. F. &c. do well Sect. 171. and truely hold, performe, obserue, fulfill and keepe all and singular couenants, graunts, articles, paiments, promises and agreements, which on the part and behalfe of the said T. F. his heires, executors &c. or any of them are to be holden, performed, obserued, fulfilled and kept, contained, written, declared and specified in one paire of Indentures bearing date &c. made betweene the said T. F. of the one partie, & the within named T. T. on the other party according to the tenor, purport, true intent and meaning of the said Indentures, that then &c.

¶ To performe an awarde.

THe Condition &c. that if the aboue bounden E. L his executors, Sect. 172. and administrators, and euery of them, for his and their part & behalfe, in all thinges doe well and truely stande to, obey, performe, fulfill and keepe the awaid, arbitrement, order, rule, doome and iudgment of A. C. A. P. H. D. and R. S. arbierators indifferently chosen aswell on the parte of the said E. L. on the one partie, as on the part of the aboue named I. I. on the other partie, to arbitrate, awarde, order, and iudge, of, and vpon all, and all manner of actions, suites, debtes, accompts, trespasses, contronersies and demaundes, [Page] whatsoeuer, had, mooued or depending, or which might haue beene had or mooued between the same parties, at any time before the date aboue written, so alwaies as the same arbitrators doe make their award and iudgements of, and concerning the premisses, by writing indented vnder all their hands and seales on this side the twentieth day of Iune next comming, and one part of the said writing indented vnder all their hands and seales, and the same deliuer or cause to be deliuered to the said E. L. or his assignes requiring the same, vpon the same twentieth day of Iune next comming at the now dwelling house of the said A. P. set and being in Eastcheape in London, betweene the houres of 2. and 5. of the clocke in the after noone of the same day. And also if the said E. L. do not discharge the said Arbitrators nor any of them in the meane time, That then &c.

¶ A Condition to performe an award of lands, and to shewe euidences.

THe Condition &c. that if the within bounden H. I. and I. M. do Sect. 173. stand to, obey, performe, keepe, and fulfill the awarde, arbitrement, ordinance, rule, and iudgement of B. W. &c. and D. M. arbitrers indifferently, named, elected and chosen as well on the parte of the within named R. as on the part of the said H. I. coarbitrate, ordeine and deme aswell of and vpon the right, title, interest, vse, and possession of a gardenlying &c. as of and vpon all actions, trespasses, quarels, suites, debates, debtes, demaundes, and all other griefes, and inconueniences, had, mooued, stirred or depending betweene the said parties concerning the same gardein. And also the said H. I. before the feast of Easter next comming &c. shew vnto the said arbitrers all such writings as he hath in his possession concerning their right, title, vse, interest or possession of the foresaid gardein in such wise that the said arbitrers be not delaied to make an arbitrement of and in the premisses for want of the sight of the said writings and euidences, So alwaies that &c. that then &c.

¶ A Condition that a Prentice shall not waest his masters goods.

THe Condition &c. that where one I. S. the son of the within boū den Sect. 174. A. S. by his writing indented, bearing date the day of the date of this present obligation, hath put himselfe apprentise to the within named R. E. to the craft of a Cutler, from the feast of S. Michael [Page] the archangell last past, vntill the ende of the terme of seuen yeares from thence next following, as by the same Indenture more plainely appeareth, If the said I. S. shall atanie time during the said terme willingly or negligently cast away, cōstume, or wast any of the goods or cattels of the said R. E. then if the said A. S. his executors or administrators, vpon a lawfull proofe made of the casting away, consuming or wasting of the said goods, or chattels, shall content & pay, or cause to be cōtented and paid to the said E. K. his executors or administrators, the value of all such goods and cattels as shall so fortune to be cast away, wasted or consumed, from time to time vpon the said lawfull proofe made of the same during the said terme. Prouided alwaie, that the said A. his executors or administrators shall not bee chargeable or compellable by this oblig [...]tion to pay, satisfie, or recō pence vnto the said R. E. his executors or administrators aboue the summe of fortie markes, That then &c.

¶ A Condition for a seruant or apprentice.

THe Cōdition &c. That where the within named I. T. before the Sect. 175. sealing & deliuery of this obligation hath hired and retained the within bounden W. D. to serue the said I. from the day of the date hereof, for, and during the terme of three whole yeeres thence next [...]nsuing. If therefore the said W. D. from the day of the date hereof, shall dwell, tarrie, serue, and abide to and with the said I. his executors & assignes, vnto the full ende and terme of three whole yeeres now next ensuing and fully to be ended. And also shall during the said terme, well, faithfully and obediently serue the said I. his executors & assignes in all such workes, businesse and affaires, as the said W. shall bee put vnto according to the power, witte and abilitie of the saide W. D. without absenting himselfe either by day or by night without the licence of the said I. his executors or assignes during the said terme.

And also if the said W. shall not during the said terme either wast or consume the goods and cattels of the same I. his executors or assignes, but shall behaue himselfe honestly and obediently towards the said I. his executors or assignes as a iust, faithful, and honest seruant ought to doe during the said terme to all intents, respects, and purposes, That then &c.

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¶ A Condition not to disa [...]ll a letter of atturney to receiue debts.

THe Condition of &c. That where the within boūden R. B. hath Sect. 176. made a letter of atturney vnto y^• within named R. F. to receiue of R. C. of &c. and R. M. of &c. all and singuler such summes of money as are due and owing vnto the said R. B. by and from the said R. C. and R. M. by their three seuerall writings obligatorie bearing date the &c. Wherein the said R. and R. stande ioyntly and seuerally bosid vnto the said R. B. and euery of them in the summe of &c. indorsed with condition in euery of them, for the paiment of &c. as by the same letter of atturney & writings obligatorie aforesaid, it doth appeare, If the said R. B. do not at any time hereafter [...]euoke or disanull the said letter of atturney, nor make any letter of atturney cōcerning any of the said writings obligatory to any person or persons, other thē to the said R. F. his executors or administrators. And also if there be such persons dwelling in the said towne of H. as be called & named by the names and additions of R. C. and R. M. and also if the said three seueral writings obligatorie, & euery of them be the good, lawfull, sure and sufficient deedes in the lawe of the said R. C. and R. M. and euery of them. And also if the said R. C. [...] R. M. their executors and administrators, and euery of them, now be, and shal cō tinue and be sufficient in habilitie and substance to answere and satisfie the said debts and euery of them ouer and besides al other debts, which they or any of thē now or hereafter do or shal owe, or be charged with to any person or persons. And shall haue▪ alwaies assets in their owne hands, occupation and possession, during and vntill such time as the said debts and euery of them, or all such summes of money as are specified or contained in the Indorcements of euery of the said writings obligatorie, shal be fully answered, satisfied or paid vnto the said R. his executors or assignes. And also if the said R. B. his executors & administrators, shall and will at all times hereafter, at the costes and charges in the Lawe of the said R. F. his executors or administrators, a [...]ow, iustifie and prosecute with effect to final end, al and euery such action or actiōs, suites and plaints, iudgements and executions, as the said R. his executors &c. shall cause to be attempted, commenced, affirmed, pursued, awarded or adiudged in the name of the said R. B. his executors or administrators against the said R. C. and R. M. and either of them, or the heires, executors, or administrators of any of them for the recouerie of any summe of [Page] money in the said writings obligatorie, or any of them, or in the indorcements of any of them contayned, and shall not willingly be nonsuit, nor suffer any nōsuit to be in the same actiō, actiōs, suits, plaints, iudgements, or executions, nor any of them, nor hath not heretofore done, nor hereafter shall do, suffer, or make any act or actes, thing or things, release or acquitance, where by the said writings obligatorie, or any of them, or any summe of money in them, or any of them, or in the indorcement of any of them contained, or any of the said action or actions, suites, plaints, iudgements, executions, or any other benefite arising by reason of any the premisses shall or may be in any wise released, acquited, discharged, barred, defeated or auoided, without the consent & agreemēt of the said R. F. his executors or administrators.

And also if the said R. hath not receiued any part of the summes of money in the said writings obligatorie, or any of thē, or in the indorcements of any of them conteyned. And also if the said R. B. his executors or administrators shall and will permit and suffer the said R. F. his executors and administrators, to receiue & take the whole aduantage and benefit of the said writings obligatorie and summes of money aforesaid, action, actions, suites, plaints, iudgements & executions, and euery of them to the onely vse of the said R. F. his executors and administrators. And also if the said R. B. shall at the like costs of the said R. F. his executors and administrators, or at the request of any of thē, do and suffer all & euery other & further act & acts, whereby the said R. F. his executors & administrators shall or may attaine vnto the said benefite and aduantage of the premisses. And also if the said R. B. his executors or administrators shall not at any time hereafter demand [...]ny account to be yeelded to him or them by the said R. F. his executors or administrators, for or concerning the premisses or any part thereof, That then &c.

¶ A Condition not to disanull a letter of atturney for lands.

THe Condition &c. That where the within bounden I. B. & E. B. Sect. 177. haue made a letter of atturney vnto the within named W. C. to recouer all maner of lands and tenements whatsoeuer, which to the said I. B. and E. discended and came, or ought to haue discended and come, as heires of N. B. their late father deceased, as by the same letter of atturney &c. if the said I. B. and E. B. or any of them shall not at any time hereafter reuoke or disanull the said letter of Atturney.

And also if the said I. and E, or either of them shall and will at [Page] the costs and charges in the Law of the said W. C. his executors or administrators from time to time, and at all times hereafter, auowe, iustifie and prosecute with effect to final end, al and euery such action and actions, suites and plaintes, as the said W. his executors or administrators, shall bring, attempt, or commence in any of her Maiesties Courts, in the names of the said I. E. and W. against any person or persons whatsoeuer, for the recouerie of any such the landes or tenements as were the said N. M. And shall not willingly be nonsuit or suffer any nonsuit or discontinuance or retrarit to be in the same action, actions, suits or plaintes or any of them. And also if the said I. & E. or any of them shal not do or willingly suffer to be done any act or acts, thing or things whatsoeuer, wherby the title, right or interrest of the said I. & E. & either of them, of, in, or to the said lands and tenements aforesaid, or any of them, or any action, actions, suit or plaint, commenced or to be commenced or attempted by the said W. against any person or persons in the name of the said I. E. & W. shal or may be letted, hindered, discharged, adnihilated, diminished, defeated or auoided, without the consent and agreement of the said W. his executors or administrators. And also if the said I. & E. and euerie of them and their heires, shall and will after such recouerie so had, as is aforesaid, at the reasonable request of the said W. or his heires, conuey and assure to the onely vse of the said W. his heires and assignes, all their part & portion of the lands and tenements, so to be recouered, and all their right, title and interest which the said I. and E. or either of them, or any of their heires shal then haue, or ought to haue, of and in the premisses or any part or parcell thereof, with Couenants of being discharged &c.

¶ A Condition to performe a will.

THe Condition of this obligation is such, that where the within Sect. 178. bounden I. W. shall (by the grace of God) marrie and take to wife R. A. of N. late the wife of E. R. deceased. And where also the said E. R. by his testament & last will named and ordained the said R A. sole executrix of the same his testament and last will, and by the same hath giuen and bequeathed to A. x. l. &c. to be paid &c. to F. R. xii. li. to be paid &c. if the said I. W. his executors or administrators shal wel & truly pay to the said I. A. the summe of x. li. &c. at the said daie &c. and to the said F. R. xii. li. &c. at the said day &c. And also if the said I. W. his executors or administrators shall fulfill & truly accomplish [Page] and performe the said testament & last wil of the said E. R. & also truly satisfie, content & pay al legacies, gifts & bequests contained & specified in the same last wil & testament, according to the tenor, purport and true meaning of the said testament and last will, That then &c.

¶ A Condition to performe a will, and saue harmelesse the executors thereof.

THe Condition &c. That where the within named T. L. hath authorised Sect. 179. the within bounden D. F. to fulfill the testament & last will of one C. L. father to the said T. L. in steade of the same T. and hath assigned all his right of executorship vnto the said D. F. Now if the said D. F. do performe the said testament and last will of the said T L. deceased, and also do acquite, discharge and saue harmelesse the said T. L. at al times hereafter against al and euery person & persons whatsoeuer, of, for, and concerning all actions, suits, demands, legacies, and all libels heereafter to be brought against the said T. L. by reason of the said testament and last will of &c. That then &c.

¶ A Condition not to meddle with Executorship.

THe Condition of this obligation is such, that wher as the within Sect. 180. bounden T. T. hath assigned & committed al his right of Executorship of the testament and last will of S. I. late deceased, vnto the within named R. R. and hath fully for his parte authorized, licenced, and assigned the said R. onely to do all & euery thing & things by himselfe and his assignes concerning the execution of the said last will and testament. That therefore if the said T. T. shall not intermeddle with the administration of anie parte of the goods and cattels, money, debtes, or place of the said Testator, without the consent of the said R. his heires or executors, but shall at all times hereafter, and from time to time permitte & suffer the said R. R. his executors and assignes, to administer all such goods, cattels, money, debts and plate, as at the day of the making hereof beene in the custodie of the said R. R. to be administred or in the hands or possession of any other person or persons, except such goods, cattels, money and plate as beene in the possession and custodie of the said T. T. of the said Testators, which is or are to be administred, as shall be thought good by the saide T. T. And further if the said T. T. his heires &c. doe not discharge any debt of the said Testators, without [Page] the consent of the said R. R. his executors or administrators, nor any action which the said R. R. or his executors, shall iustly attempt and bring against any person or persons, to, or for the recouery of any of the debts, goods and cattels of the said testator, That then &c.

¶ A Condition not to do any act as executor without consent of his coexecutor.

THe Conditiō of &c. That where one C B. late of N. widow deceased, Sect. 181. by her testament and last wil named, ordained & constituted the within bounden M. B. and the within named N. I. to be executors of the same her testament & last will, as by the same last will & testament amongst other things appeareth, if the same M. B. shall not at any time hereafter make or cause to be made, any release, acquitance or other discharge to any person or persons, for, or concerning any of the debts, goods, or cattles, which were the said C. B. the day of hir decease, nor shall do, suffer, nor cause to be do [...]e or suffered to be done any other act or acts, thing or things, in or about the execution of the said Testament & last will of the said C. without the assent, consent, and agreement of the said N. I. That then &c.

¶ A Condition not to sell lands but to the obligee for a summe certaine.

THe Condition &c. That if the within boūden I. H. the day of the Sect. 182. date of these presents be true & lawful owner of a good, perfect, absolute, and indefeasible estate in fee simple, to his owne onely vse of, and in one tenement with the appurtenances in A. &c. and hath not at any time since the first day of October last past before the date hereof, bargained, aliened, solde, or put away, nor shall at any time hereafter alien, sell, or by any waies or meanes put away the said tenements and premisses, or any part thereof to any person or persons, other then to the within named E. S. his heires or assignes: So that the saide E. S. his heires or assignes will content, satisfie or paye, or cause to be contented, satisūed and payde vnto the saide I. H. the summe of xl. pound of &c. for such good, perfect, & sufficient assurance in the lawe of an estate in fee, of, and in the said tenements and premisses, and euery part and parcell thereof, to be conueyed from the said I. H. his heires and assignes to the said E. S. his heires and assignes for euer, discharged, of all maner of titles, charges, and incumbrances whatsoeuer, as shall be deuised or aduised by the saide [Page] E. S. his heires or assignes, or by his or their learned counsell in the law, That then &c.

¶ A Condition that a mans wife shall claime no dower, but release vpon request.

THe Cōdition &c. that where the within boūden W. A. hath bargained Sect. 183. and sold to the within named T. M. all those his landes and tenements as well freehold as copyhold, in S. in the Countie of N. if the said T. M. his heires and assignes shall or may at all times hereafter, haue, hold, occupie and enioy as much of the premisses as be freehold, without let or interruption of M. now wife of the said W. or her assignes, by reason of any interest or title of Dower, that shee the sayd M. may fortune hereafter to clayme, of, or in the same premisses being freehold, if [...]he shall happen to suruiue the said W. A. her husband. And further if the same T. M. shall be minded at any time within the space of one yere next comming after the date hereof to haue the said M. to release all her right, title and interest, of, & in as much of the premisses as be freehold, then if shee the said M. vpon a reasonable request to her thereof made by the said W. A. his heires or assignes shall lawfully release all her right and title, of, and in the same premisses to the vse of the said T. M. his heires and assignes at the only costs and charges in the law of the said T. his heires and assignes. And also if the said M. at the next Court or Courts which shalbe holden for the manor or manors, whereof the copyhold premisses beene holden (hauing of the same Courts so to be holden reasonable knowledge, notice, or warning to her giuen by the said T. M. his heires &c.) shall lawfully surrender and release all her right, title and interest, of, and in the same copyholde premisses, to the vse of the said T. M. his heires and assignes, the same premisses then beyng clearely discharged, or otherwise from time to time sufficiently saued harmelesse, of, and from all former bargaines, sales, titles, fines, amerciaments, issues, forfaitures, and other charges & incumbrances whatsoeuer they be, had, made, done or charged by the said W. A. or by any other person or persons by his assent or commaundement, (the fine or fines for the taking of the premisses being copihold or customarie tenure by the said T. his heires or assignes, and the rents and seruices from thenceforth to be due to the Lorde or Lordes of whom the same premisses beene holden onely excepted.) That then &c.

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¶ A Condition that an estate is good, and that the wife. shall claime no dower.

THe Condition &c. That where the within bounden R. S. by his Sect. 184. deede of feoffement, bearing date the day of the date of this present obligation, hath made and executed an estate in fee simple to the within named T. H. and his heires, of & in the tenement &c. & which did discend to the said R. S. as sonne and heire of L. C. his father deceased, as by the same deede of feoffement more plainely appeareth, if the said estate be good, lawfull, perfect and sure to the said T. H. and his heires, according to the tenor and effect of the said deed of feoffement. And also, if the said tenement at this tune be cleerly discharged of all former bargaines, sales, titles, interests, statutes, recognisances, rent charges, arrerages of rents, and all other troubles, charges and incumbrances whatsoeuer they be, (except the rents and seruices thereof to the Lordes of the fees of the same from hencefoorth to be due.) And if it shal fortune the said A. S. now wife of the same R. S. to suruiue the said R. then if neither the same A. nor any other person or persons, for her or in her name, shall trouble, vere, nor sue the said T. H. his heires, executors, nor assignes, nor the owners or possessors of the said tenement &c. or of any part thereof, for her dower, of, or in the same premisses, or for any other title or demand, in, or to the same or any part thereof, that then &c.

¶ A Condition not to be suert [...]e.

THe Condition of &c. that where the within bounden E. D. hath Sect. 185. heeretofore many times entred into bonds & become suertie for diuers persons for the paiment of diuers summes of money, aswel by writing as without writing, so that thereby the said E. D. hath been like to fal into decay & pouertie: for the auoiding whereof the said E. D. by the aduisement of diuers of his friends, hath thought it good to binde himselfe in the penaltie of a C. l. to the within named W. L. to the intent cleerely to abstaine and refraine himselfe from the foresaid suertiship, If therefore the said E. D. shall not at any time or times hereafter giue his promise or become bound, or stand as suerty by any kind of meanes without the consent & agreement of the said W. for any person or persons whatsoeuer, for or aboue the summe of xl. s. at any one time, except it be for one R. D. of N. that then &c.

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¶ A Condition not to play at dice.

THe Condition of &c. That wher the within bounden I. K. hath Sect. 186. heretofore accustomed, frequented, and vsed to play at the dice, cardes, and tables, to his great hinderance and losse, so that by exercise, vse, & accustomable playing at those vnlawfull games, the said I K. hath beene like to fall and come into extreme pouertie and other dangers, For the auoiding of which said euils, the said I. K. through the aduertisement of his friends hath agreed to be bound in the sum of xl. li. within written, to abstaine and cleerely to absent himselfe frō the plaies aud games of them and euery of them, for and during the terme of seuen yeares &c. If therefore the said I. K. shall not at any time or times hereafter, priuily nor openly during the space of seuen years next insuing the date hereof, play at any of the said vnlawfull games of dice, cardes, and tables, nor any of them, with any maner of person or persons, for any summe or summes of money, or any other goods or cattels (libertie for playing at cardes for the space of eight daies yearely, next after the feast of the birth of our Lord God, commonly called Christmas, during the said vii. yeares onely excepted) that then &c.

¶ A Condition to pay money, or saue harmelesse of a Recognisance.

THe Condition &c. That whereas the aboue named I. B. at the Sect. 187. request & instant desire, & for the debt of the aboue bounden I. A. together with him, and one I. G. by one Recognisance of the date aboue written, knowledged in the Queenes Maiesties high court of Chancerie, standeth bound vnto A. W. in one hundred pounds, with a condition for the paiment of fiftie pound, of &c. vpon the last day of Iune next ensuing the date aboue written, (if the said A. W. and A. her daughter, or either of them shall be then liuing) at the now dwelling house of R. B. notary, at the Royal Exchange in London, as by the said Recognisance more at large may appeare, If therefore the said I. A. his heires &c. doe content &c. to the said A. or A. their executors or assignes, the said summe of fiftie pound, of &c. vpon the saide last day of Iune next ensuing, at the place aforesaid (if the said A. or A or either of them shalbe then liuing) in full discharge of the said recited recognisance, that then this present Recognisance &c.

¶ A Condition to saue harmelesse of a bonde.

THe Condition of &c. That wheras the within named N. C. at y^• Sect. 188. instance & special request of the within bounden W. C. together [Page] with the same W. and for the debt of the same W. by a certain writing obligatorie, bearing date & [...]. and standeth iointly and seuerally bound vnto one I. D. of &c. in the summe of xxx. l. with cōdition therupon indorsed for the paimēt of xxii. l. of lawfull money of England, at &c. as by the same writing obligatorie, and the indorsement therof more plainly appeareth. If therefore the said W. C. his heirs &c. shal at al times hereafter, & from time to time, cleerely acquite, discharge, or sufficiently saue harmeles the said N. C. his heires, executors and administrators, & euery of thē against the said I. O. his heirs, executors, administrators, & euery of them, of, for and concerning the said writing obligatory, & the condition therof, & euery summe & summes of money in the same writing obligatory, & the indorsemēt therof cō tained. And also if the said W. C. his heires, executors or assignes or one of them shal within x. daies next ensuing after the said feast of S. I. the apostle, deliuer or cause to be deliuered vnto the hāds of the said C. his heires &c. the said writing obligatorie cācelled, or [...]ls some lawfull and sufficient acquitance or other discharge of & concerning the same, that then &c.

¶ A Condition to saue harmelesse of a bond for the peace.

THe Cōdition &c. that wheras the within named W. K. at the instance, Sect, 189. & speciall request of the within bounden G. O. together with the same G. O. and other standeth iointly and seuerally bounde for the said G. O. to our said soueraigne Ladie the Queenes Maiestie that now is, in the summe of xx. l. of &c. with condition that if the said G. O. do obserue and keepe the peace of our said soueraigne Ladie, against all her liege people, and especially against one E. C. vntill the feast of E. next comming after the date hereof, as by the same recognisance appeareth, if therefore the said G. O. his executors and administrators or any of them, do at all & euerie time and times hereafter, & from time to time clerely exonerate, acquit, discharge or otherwise sufficiently saue and keepe harmelesse by all waies and means whatsoeuer, aswel the said W. K. his executors & administrators & euery of them, as al & [...]nguler the lands, tenements, goods and chattels of the said W. K. his executors and administrators and euery of them against our said soueraigne Ladie the Q. her heirs & successors by reason of the said recognisance, & without any veration, trouble or molestation of the said W. K. his executors or administrators or any of them, That then &c.

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¶ A Condition to saue harmelesse a suerty in the Guildhall.

THe Condition &c. that where one T. P. &c. hath brought & commenced Sect. 190. an action of debt of x. l. against the within bounden I. W. in the Queenes Maiesties Court of the Guildhal of the Citie of N. before M. K. & R. H. shirifes of the same citie, in & to which plaint the within named I. C. and R. C. at the request of the said I. W. are become pledges and suerties for the said I. W. to answere vnto the said T. P. in the same plaint, If therefore the said I. W. his heires, executors or assignes, do at al times hereafter, and from time to time, clerely exonerate, acquite, discharge or saue harmelesse the said I. C. and R. K. their heires, executors and administrators, & euery of them against the said T. P. his heires, executors and administrators, and all and euery other person and persons whatsoeuer, of and for the said action, and all things concerning the same, that then &c.

¶ A Condition to discharge his bailes in the Kings Bench.

THe Condition &c. that where the aboue named H. C. & one R. H Sect. 191. in their proper persons haue vndertaken for the aboue bounden C. F. by a recognisance or mainprise taken & knowledged before the Iustices of the Kings Bench at Westminster, that if it happen the said C. F. to be condemned in any action at the suit of T. B. Esquire that then the said R. H. and H. C. did graunt all costes and damages, and executions which should be adiudged to the said T. B. in that behalfe, should be leuied to the vse of the said T. B. of the lands and cattels of the said R. H. and H. C. if so be it that the said C. F. do not pay the same damages himselfe to the said T. B. or restore and yeeld himselfe againe by meanes therof to the prison of the Marshal of y^• Marshalsey, if the said C. F. his heires &c. and euery of them at all times hereafter from time to time, do wel and truely acquite, discharge or saue harmeles the said H. C. and R. H. their heires &c. & euery of them against the said T. B. his &c. of and for the breach and forfaiture of the said Recognisance and mainprise, and of, and for the execution of the said action, whereupon the same Recognisance & mainprise was so taken and knowledged, and also of, for, and vpon all other bondes, obligations & Recognisances wherein the said H. C. standeth bound to any other person or persons, for, and in the behalfe of the said C. F. That then &c.

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¶ A Condition to saue his bayle harmelesse and render himselfe prisoner if &c.

THe Conditiō &c. That wheras the within named G. F. this present Sect. 192. terme of S. Mich. became boūden suerty, mainpernor, baile or pledge for the within boūden T. F. against H. S. of &c. in the court for plees before the Queenes Maiestie to be holdē as by the Records thereof appeareth, that now if the said T. F. his executors or administrators shal pay or cause to be paid vnto the said H. S. his executors &c. all & euery such debts, damages, summe or summes of money as shalbe recouered by the said H. S. against the said T. F. in the said court or yeld his body into the prisō or keeping of the Marshal of the Marshalsey for the same according to the intent and meaning of the same baile and iudgement thereupon to be giuen in the same Court, And therof for euer saue and keepe harmeles the said G. F. his heirs, executors & administrators against the said H. S. his executors and administrators & euery of them, That then &c.

¶ A Condition to saue harmeles of couenants for the sale of woods.

THe Condition &c. that where R. C. Esquire by his deed indēted Sect. 193. bearing date &c. hath bargained & sold to T. H. all that his wood & vnderwood called & knowē by the name of &c. cōtaining &c. set, stā ding, growing & being within the parish & woods of &c. as by the said Indentures &c. which woods the said T. H. hath bargained & sold to the within bounden I. P. if the said I. P. &c. and euery of thē do wel & truly cōtent & pay to the said R. C. or his executors or assignes the summe of &c. at the day and time contained in the said Indentures in the name and behalfe of the said T. H. and also do discharge and saue harmlesse the said T. H. & his executors & administrators, of, to, & for al couenants, grants, & agreements conteined & specified in the said Indentures which on the part of the said T. H. his executors, administrators & assignes, & euery or any of thē are to be obserued &c. that then &c.

¶ A Condition to saue harmelesse of a Recognisance.

THe Cōdition &c. That where the within named A. B. at the instance, Sect. 194. petitiō & request of the within boundē E. F. & for his debt by a certain obligatiō or Recognisance made before W. M. recorder of the city of L. & I. K. knight, Alderman of L. in the summe of xx. l. of &c. as in the same obligatiō appeareth, if the said E. F. his heirs &c. [Page] pay vnto the said Chamber all the foresaid summe of xx. l. & also saue & keep harmeles the aboue named A. B. from al maner of indempnities, costs and charges of, for & concerning the said obligation of recognisance, & al other things concerning the same, That then &c.

¶ A Condition to saue harmeles of legacies and to pay the same to the legataries.

THe Condition &c. that where the within boūden R. K. and I. his Sect. 195. wife hath receiued and had at the insealing & deliuery of these presents of the within named I. B. and I. B. administrators of the goods & cattels of one I. B. late of S. deceased the summe of xviii. l. of &c. (viz.) x. l. the one halfe or moitie of a legacie giuen to I. K. by the last will & testament of the said I. B. her late father, & viii. l. to be paied to one A. A. daughter of the said I. K. by vertue of the said last wil & testament of the aboue named I. B. Now therefore if the said R. K. his heires &c. do discharge, acquite, saue & keepe harmelesse the said I. B. and I. B. their heirs &c. against al maner of persons for the paiment of the said xviii. l. of &c. And also pay the same x. l. vnto her the said I. K. when she shall accōplish the full age of xxi. yeares, if she so long liue, & if she fortune to die before the said age, thē to him, her, or them that can or may lawfully demand or claime to haue the said x. l. before remembred, & I. & I. and their administrators for the paiment of the same summe, As also beare & sustaine the halfe charges of the education & bringing vp of the said A. vntill she shall attaine & accomplish the said age of xxi. yeares, That then &c.

¶ A Condition to saue harmelesse of debts and legacies.

THe Cōditiō &c. that if the within boūden I. R. his executors &c. Sect. 196. and euery of them shall & will vpon reasonable request & notice well and sufficiently saue and keepe harmelesse and inoemnified the said E. against all and euery person & persons of, for and concerning all and euery debt or debts which I. R. deceased late Father of the said I. and E. did at the time of his death owe vnto any person or persons whatsoeuer, and of, from and concerning all and euery such legacies as are pretended to be giuē, or were giuen or bequeathed in & by a supposed wil & testament of the said I. R. deceased, & of, for, and concerning the said last wil: or els if any person or persons shall at any time hereafter cōmence or sue, or cause to be cōmenced or sued any plaint, suit, or action against the said E. R. her executors or administrators, [Page] for or by reason of any debt, legacie or other thing due, paiable or bequeathed, or supposed to be due, paiable, or bequeathed by the said I. R. the father to any person or persons, and the said E. R. & her executors shall and will from time to time in conuenient time giue notice thereof to the said I. R. the sonne his executors & administrators, & permit & suffer such answere & plee to be pleaded & made thervnto as shalbe deuised, aduised or made by any counseller, Atturney, or Procurator that shal for that purpose be retained by the said I. R. the sonne, his executors or administrators, if thē the said I. R. the son his heirs, executors &c. from time to time shal & wil wel & sufficiently recompence & allow vnto the said E. her executors or administrators all & euery such summe & summes of money as by order of law without collusion shalbe recouered against her or them, or any of them, for, or by reason of euery such plaint, suit, actiō or actiōs together with al such costs, charges & expences as they or any of them shal necessarily expend, disburse or lay out about the defending of any such plaints, actions, suit or suits, or intrauail about the same, within vi. moneths next after request & notice thereof to him the said I. R. the sonne his heires, executors or administrators to be giuen or made by the saide E. R. her heires, executors or administrators, that then &c.

¶ A Condition to saue harmelesse from suits in the law &c.

THe Condition &c. that if the aboue bounden W. T. his executors Sect. 197. and administrators, & euery of them, at all times hereafter vpon sufficient warning & request do by reasonable recōpence saue & keepe harmlesse & indemnified W. H. R. S. & E. T. and euery of them, and the [...]ecutors &c. against G. B. & euery other persō & persons claiming by, frō or vnder him any right or title, of & from al maner of suits, damages, costs, & charges in the law arising or growing, or which hereafter shal arise & grow by means of any suit now being or depending between the said W. T. & E. B. or whi [...] hereafter shal arise or grow between thē, of, for, or cōcerning the estate, right, title, interest or possession, of or in one mesuage with thappurteuāces in D. in &c. that thē &c.

¶ A Condition to keepe the peace, and appeare before the Queenes counsell.

THe Condition &c. That if the within bounden I. L. obserue and Sect. 198. keepe the peace against the Queene our soueraigne Lady, and al [Page] her liege people, betweene this and the xv. of Easter next coming, & then do personally appeare before the Queene & her most honorable Counsel in the Starre chamber at W. and so from day to day, & not to depart without licence of the said court, That then &c.

¶ A Condition to keepe the peace.

COnditio istius obligationis talis est, qd si interius obligat̄ R. de Sect. 199. cetero bene & honeste se habeat, & pacem don̄e Reginae gerat erga inf [...]anominat̄ I. S. & W. R. & eor̄ vtrum (que), & omnes familiares & ser [...]ientes suos, put ordo charitat̄ & honestatis idē requiret, ac ipse ipsos I. & W. seu eor̄ alterum non lae serit verbo nec oper̄, qd in ipsorum I. & W. damnum siue laesionem nominis sui, siue bonae famae al [...]qualiter cōuert̄ poterit, ac etiam si dicti I. & W. siue corum alter ꝑ praed' R. aut per aliquē alium seu aliquos alios eius causa, querela, fauore, amore, odio, instigatione, seu procuratione de cetero nō prosequant̄ nec implacitent ꝓ aliqua causa, quaerela seu materia quacunque inter dictos I. & W. & p̄f. R. ant̄ dat̄ infrascript̄ habit̄, mot̄, seu exort̄, qd tunc p̄sens obligatio vacua & pro nulla habeat̄, & si praed' R. contra p̄missa seu eor̄ aliqd in futur̄ fecerit, seu fieri procurauerit, qd tunc p̄sens obligatio in omni suo robore stet & effectu &c.

¶ A Condition to keepe the peace, and to be of good abearing.

THe condition &c. that if the within bounden S. & E. his wife, do Sect. 200. keepe the peace against all the Kings liege people, & specially against A. B. C. D. &c. and beare themselues honestly and duely both in their words & deeds against the said A. B. &c. nor stander them, nor any of them, of, or vpon any such matter touching the death of I. M. or the suit about the trial of the same, wherein the said A. E. &c. by the Queenes lawes is clearely declared innocent &c.

¶ A Condition for appearance in the kings bench and good abearing.

COnditio istius obligationis talis est, qd' si interiꝰ obligat̄ I. L. cō pareat Sect. 201. personaliter sub custodia infranominati vicecom̄ vel eiꝰ deputat̄ coram don̄o Rege in octabis S. Hill' ꝓximo futur̄ vbicun (que) tunc fuerit in Anglia, ad inueniendum tunc coram ipso dn̄o Reg. sufficientem securitatem de se bene gerendo erga ipsum dn̄um Reg. & cunctum popul [...]m suum, iuxta tenorem breuis dicti dn̄i Reg. praef. vicecom̄ inde direct' & se ben̄ medio tēpore gerat, & dict̄ vicecom̄, [Page] haered & executor̄ suos erga dn̄um Reg. & cunctu [...] popul suum, de, & in omnibus concernen̄ premissa indempnem conseruet, quod tunc &c.

¶ A Condition of the peace for the good abearing.

THe Condition &c. that if the within boūden S. T. personally appere Sect. 202. in the custodie of the Baily within written, or of his deputie, before the Iustices of our soueraigne Lord the king &c. the Munday next after the natiuity of S. Io. Baptiste &c. at the towne &c. to find there before the said Iustices, good and sufficient suerties of the peace, & do behaue & beare himselfe well & peaceably against our said soueraigne Lady & all her liege people, and specially against A. B. & in the meane time keep the peace of our said soueraigne L. And so frō henceforth saue and keepe harmeles the within named baylie &c. for and concerning the premisses & euery part of them, that then &c.

¶ A Condition for apparance in the Common place.

COnditio istius obligationis talis est, [...]p si interius oblgat̄ I. H. cō pareat Sect. 203. ꝑsonalit̄ corā Iustic' domin̄ Reg. apud W. a die Pasc' in xv. dies ad respondend H. B. de placito debiti vel detenc' aut cōpot̄, iuxta tenorem bris Reg. p̄f. vic' inde direct' &c.

¶ A Condition to giue euidence against a felon.

THe Conditiō &c. that if the aboue boūden T. W. & R. C. do pursue Sect. 204. & giue such euidēce as they know, at the next generall sessiōs for the county of Y. to be holden against D. M. and R. B. now prisoners in the Castle of Y. concerning certaine felonious actes by them perpetrated or committed, then &c.

¶ A Condition to giue euidence against felons at the Sessions.

THe Cōditiō &c. That where the within named R. N. &. I. B. by Sect. 205. vertue of their office by instruction giuen and declared vnto thē by me N. L. of N. haue attached and taken as a felon on G. G. of N. for and concerning the imbeselment and taking away of ii. peeces of Worsted, of the goods and chattels of one R. W. of N. D. being in the safe custodie and keeping of the said N. L. if the same N. at the Sessions of the pea [...]e of our Soueraigne Ladie Queene Elizabeth, next to beholden at N. within the County of &c. in the said Citie of N, in his own proper person do appeare before y^• Iustices of peace of [Page] our soueraigne Lady the Queens Maiestie, before them, then & there to declare to the said Iustices such pregnāt euidēces against the said G. G. of, for, & cōcerning the premisses, as he the said N. hath perfect knowledge of, or can declare of a very truth in the discharge & acquiting of the said shirifs, aswell against our said soueraign Lady the Q. as against all & euery other person & persons, That then &c.

¶ Conditio quod compareat coram Iustic. pacis ad proximam Sessionem.

COnditio istius obligationis talis est, ꝙ si quaedā A. W. Spinster, Sect. 206. in ꝓpria persona sua cōpareat corā Iustic' dn̄ae Reginae de pace in comitatu N, conseruand' assignat̄ necnon ad &c. ad proximā Session̄ pacis dictae dn̄ae Reginae apud M. in le Sheerehouse ibidē proxim̄ tenend ad respondend tam dictae dn̄ae Reginae quā G. S. de placito transgress. & contempt̄ contra formā statuti seruient̄, & vlterius indēpnes conseruet infranominat̄ Vic' & eor̄ vtrumque haeredes & execut̄ suos versus dictam dominam Reginam & omnes alios quoscunque, de & super praemissis, extunc praesens &c.

¶ A Condition for apparance in the kings bench for the peace.

COnditio &c. ꝙ si infraobligatꝰ I. L. cōpareat personaliter in custod Sect. 207. infranominati vicecom̄ &c. coram domin̄ R. in octabis S. Michaelis proximo futur̄ vbicū (que) tunc fuerit in Anglia, ad inueniē dum tunc corā ipsa dn̄a R. sufficientem secu [...]tatem pacis dn̄ae Rn̄ae & de se bene gerendo erga ipsam dn̄am Reginam & cunctū populum suum: & p̄cipue erga H. C. iuxta tenorem breuis ipsius dn̄ae Reginae praef. vicecom̄ inde direct' & medio tempore pacem gerat, & dict' vicecom̄, haered & executor̄ suos erga dn̄am Reg. & cunctum popul' suum, & praecipue erga praed' H. de, & in omnibꝰ concernen̄ praemissa indempnes conseruet, quod &c.

¶ A Condition for behauiour, and not to resorte to the obligeos house.

THe Cōdition &c. that if the within bounden I. L. frō henceforth Sect. 208. well & honestly aswell in words as in deedes, behaue & demcane himselfe against the within named W. P. and frō this time forward, neither to rebuke, missay, threate, manace, ne brace the same W. nor to him any bodily hurte or harme doe, or procure to be done, nor [Page] any assault or fray vpon him make, or cause to be made. And also doe not frō henceforth come, resort, or draw into the house of the said W. nor with him ne any of his be accōpanied, eating, drinking, familiar, or conuersant within the said house: That then &c.

¶ A Condition for apparance vpon a Latitat.

THe Condition &c. that if the aboue boūden G. H. do appeare before Sect. 209. our soueraigne Lady the Queens Maiesty at W. the thursday next after quindena Paschae, to answere vnto R. C. in a plea of trespas: that then &c.

¶ A Condition to be true prisoner.

THe Condition &c. that if I. H. Marchant of &c. which now is in Sect. 210. the Queenes prison, vnder keeping of the Shirife within written, aswel by reason of a writ of our Soueraigne Ladie the Queene of the Statute of the Staple containing the summe of C. l. &c. as also for certain other actions, causes, and suits, on the behalfe of R. S. &c. moued & cōmenced, be from henceforth a true & faithful prisoner, tarrying & remaining with the said shirife & his deputie, till the same R. S. be fully at an end discharged and acquited of the said actiō, and then content and pay to the said Shirif &c. al and singuler costs, charges, fees, and other duties, in such cases heretofore accustomed to bee paid: That then &c.

¶ A Condition to returne cattel repleuied.

THe Cōditiō &c. That where the within named shirife, by vertue Sect. 211. of his office, & vpon the cōplaint of the within bounden I. L. had deliuered & repleuied to the same I. two horses, and iiii. kine, which one W. P. late tooke and wrongfully withholdeth, as the said I. S. saith, if the same I. do pursue his actiō with effect against y^• said W. for the taking & withholding of the said horses & kine, & make returne of the same, if the returne thereof be so adiudged by law, and the said Shirife, his heires & executors acquite, discharge, and saue harmles against our soueraigne Lady the Q. and the said W. of and for al and euerything concerning the premisses: That then &c.

¶ A Condition that Pyrats shall appeare at the next gaole deliuerie.

THe Cōdition &c. that if the aboue boūden W. W. now prisoner Sect. 212. with the Serieant of the admiralty, be forth comming, & make [Page] his personal apparāce before the said Master Doctor L. Iudge of her Maiesties court of the Admiraltie, and other her Maiesties Commissioners for pyracies, at the next Sessions of gaole deliuerie to be holden in the City of L. or the borough of Southwarke, for Marine causes, and do not from thence depart without speciall licence first had & obtained of the said Commissioners: That then &c.

¶ A Condition of a Recognisance for Brewing.

THe Conditiō of this Recognisance is such, that if the aboue boū den Sect. 213. I. H. appointed to keepe an Alehouse or victualing house, aswel for the reliefe of his poore neighbours, as for good, honest, & well disposed waifaring & trauailing persons do at al time & times hereafter, keepe & maintain in his house conuenient victuals, not maintayning or suffering in his house, at any time or times, any vnlawfull games, neither sell nor vtter any victuals in time of diuine seruice to be celebrate in his parish Church of &c. vpon the holy dayes, except in case of necessity, nor in the night after cōueniēt times, & that for lawful causes, that is to say: after the houres of ix. of the clocke in the after noone of euery day in the summer time, & viii. of the clocke in the Winter. Neither after the same houres receiue into his house any theeue, vagabōds, roges, or suspected person or persons to his knowledge, to play, eate, drinke, or lodge, & abide in his said house, without the commaundement of the Constable, or other Officer there for the time being, or at any time or times do suffer to remaine by the space of tenne houres in his house, any idle person or persons &c. That then &c.

¶ A Condition of a Recognisance for brewing.

THe Cōdition of this Recognisance is such, that wheras the said Sect. 214. A. M. is licenced by vs G. F. and F. R. two of the Queenes Maiesties Iustices of peace within the said Coūty of D. to brew to sel, & keepe a common Alehouse, according to the statut for brewers, made in the v. yere of the raigne of our late soueraigne Lord king Edward the sixt. If therefore the said A. M. do brew to sell & keepe a common Alehouse, and do not vse nor suffer any vnlawfull games, or euill order within his house, orchard or garden, but vse, maintaine and keepe good order and rule within the same according to the statute, That then &c.

¶ A Condition of an Alehouse keeper.

THe Cōditiō of this Recognisance is such, that where the within Sect. 215. boūden I. S. is appointed to keepe a common Alehouse at D. if [Page] the said I. S. do obserue, keepe & vse, or cause to be kept & vsed good & honest rule and conuersation in the same Ale house, and doe not in the sam support & maintain, or suffer to be kept, exercised or vsed, any vnlawful games & plaies, as at Dice, Cardes, Tables, or any other vnlawful games prohibited by the lawes & statutes of this Realme, & especially by mens seruants, apprentices, cōmon laborers or idle persons, & also do not keepe tipling, or resorte of any persons in the same Alehouse on the houres of diuine seruice on the Saboth day, or other festiual daies, & do not wittingly lodge, support, nor maintaine in the same Alehouse, men or women of euil name, fame, or cōdition, haunters or any other misruled persons, knowing them to be of such sort & cōditiō. And also prepare two honest beds to lodge in, such trauailing persons as from time to time shal happen to haue need of lodging, during the terme that he shall keepe the same Alehouse, that then &c.

¶ A Condition to knowledge satisfaction.

THe Condition &c. That if the within boūden T. H his executors Sect. 216. or administrators, before the end of the next Easter Terme, by him or themselues, or by his or their lawfull Atturney, shall in the Queenes Maiesties Court of her cōmon Plees, confesse or acknowledge satisfaction of al such Iudgements & executions, as the said T H. hath recouered in the said Court against one W. S. late of I. in the countie of N. Gentleman: That then &c.

¶ A Condition to make goods sold worth &c.

THe condition &c. that wher the within bounden I. S. the day of Sect. 217. the date within written, for the sum of xx. l. &c. hath bargained, sold, & deliuered to the within named T. P. diuers goods, plate, & iewels in a certaine Indenture comprehended, bearing date &c. vnder a cōdition in the same Indenture specified: If the said I. S. make default of paiment, in the said Indenture mentioned & comprised. And then if all the foresaid goods, plate & iewels, indifferently preised bee found of lesse value then &c. so that the said I. S. immediatly pay, or cause to be paied to the aboue named T. his heirs &c. as much good & lawfull money, or other ware, as shall amount to the summe of al that shalbe lacking of the said &c. in y^• goods, plate & iewels afore rehearsed: That then &c.

¶ A Condition to find a Curat to serue a cure.

THe condition &c. that if the aboue bounden I. S. his heires, executors, Sect. 218. administrators, or assigns, or any of them, do wel & truly [Page] from time to time at al times hereafter, at his & their proper costes & charges, find & maintaine one able and sufficient Curat or Minister, which shall well and sufficiently discharge and serue the Cure of the said parish Church of &c. according to the Ecclesiastical laws of this Realme, & wel and truely discharge and acquite the said A. from the seruing thereof, during al such time as the said A. shalbe & continue Parson of the said Parish: that then &c.

¶ A Condition to find necessaries during life.

THe condition &c. That if the within bounden C. F. his &c. at the Sect. 219. onely costs & charge of the said C. F. his executors &c. shal & wil sufficiently & competently finde, prouide, and giue, or cause &c. vnto M. now wife of the within named T. I. during the natural life of the said M. good, sufficient, and competent houseroome for her dwelling & abiding, and also sufficient & competent lodging, bedding & holsom sustenance, meate, drinke, apparel, and al other things meete & requisite, to and for the sustentation, keeping, and liuing of the said M. during the naturall life of the said M. That then &c.

¶ A Condition to find meate drinke, &c.

THe Condition &c. that where a mariage is to bee had & celebrated Sect. 220. betweene the within named H. G. of the one party, & one M. S. one of the daughters of the within bounden E. S. of y^• other party, if the said E. his heires, executors & assignes, shall after the day of the mariage aforesaid, for, and during the terme of iii. yeares thence next & immediatly following fully to be complete & ended, find vnto the said H. & M. and vnto one seruant of the said H. sufficient meat & drinke with cōuenient bedding and other necessaries to the same belonging & appertaining, when, & as often as they or any of them shall repaire, resort, abide or remaine, in, or at the mansion house of the said E. commonly called and knowne by the name of S. or elsewhere during the terme aforesaid: That then &c.

¶ A Condition to leaue his wife &c.

THe condition &c. that wher the within bounden I. L. shal by the Sect. 221. grace of God marrie & take to wife one A. P. widow, if the said I. after the mariage had and solemnized happen to die before the said A. that then if the said I. doe leaue the said A. worth an C. l. in money, or in moueables, ouer and aboue housholde stuffe by legacie or otherwise, to be deliuered by the executors or assignes of the said I. to the said A. her executors or assignes, within one month next after the [Page] death of the said I. to beimploied and disposed to the proper vse of the said A. at her will and pleasure: that then &c.

¶ A Condition to leaue his wife suruiuing goods worth &c.

THe Condition of &c. That where the aboue boūden W. B. is by Sect. 222. y^• grace of God shortly to marie & take to wife P. H. neere kinswoman vnto the said F. R. and F. R. & hath no inheritance, which he may lawfully assure for the iointure of the said P. nor whereof she is by law to be endowed, and therefore very careful and willing, that if it please God that he the said W. do die before y^• said P. that he may & shall leaue the said P. sufficiently prouided for, respecting his abilitie, and the portion he had by her, And accordingly hath promised to the said F. R. H. S. and F. H: If therefore the said W. B. do by his last will and testament in writing, or otherwise, sufficiently and lawfully prouide without all fraud or practise, that the said P. may haue & enioy to her owne vse, immediatly after the death of the said W. B. if she fortune to ouerliue him, goods and cattels amounting to the cleere summe & value of &c. aboue all charges, which she shall & may lawfully possesse & enioy at her free wil & pleasure, without any lawful claime, challēge, or demand to be made by any person or persons, That then &c.

¶ A Condition to suffer his wife to make awill.

THe Condition &c. that if the within bounden R. P. do permit and Sect. 223. suffer one M. D. which the same R. by Gods grace shall take to wife at any time before her death to declare & make her wil, deuise & giue at her pleasure xl. l. of &c. to what person or persons, & vnto what vse & purpose as she will at her pleasure: And also permit and suffer her executors to prooue, declare, & performe the last will by her made, without vexation or interruption, denying or impediment of the said R. And also if the same R. do performe, fulfil, obserue, pay and cōtent the said xl. l. so by her assigned, bequeathed & willed to such person or persons, in such maner & vse, & at such daies, & within such time as by her shall be deuised, bequeathed, & willed, without any further delay: That then &c.

¶ A Condition to suffer his wife to giue certaine goods during her life, [...] by will.

THe Condition &c. that if the within bounden T. B. after mariage Sect. 224. had between him & A. widow, late wife of T. B. deceased, do permit [Page] & suffer the said A. to giue, bequeath, or appoint, by her last wil or otherwise at any time during her life, goods and cattels to the value of &c. so that y^• same gift, bequest or appointmēt so to be had & made, shalbe good & auaileable to the said parties, to whom the said gift, bequest or appointmēt shalbe so made by y^• said A. against the said T. B. & his executors, without let, impediment, or disturbāce of the said T. B. or of his executors &c. And also if the said T. B. do accōplish, performe, & fulfill the said gift, bequest, or appointment, hauing thereof notice & knowlege by the said A. or by her last will, with his own proper goods, according to the intēt & true meaning of a paire of Indē tures made between the said T. B. of thoue party, & N. R. & E. G. of the other party, bearing date &c. That then &c.

¶ A Condition to passe an accompt and procure discharge for a Shirife.

THe Cōdition &c. that if the aboue boūden H. P. his heirs, executors, Sect. 225. and administrators, do make a true & perfect accompt, of, & for the aboue named T. his heires & executors, in theschequer of our soueraigne Lady the Queene, and the heires & successors of the said Queene, of, for, & vpon all issues, charges, summe and summes, which be or shalbe asked, charged, or demanded, of or vpō the said T. as late Shirife of the said County, and get, and procure a sufficient Quietus est therof for the said T. his heires and executors. And moreouer doe well and truely discharge, saue, or keepe harmelesse the said T. his heires &c. against our said soueraigne Lady, her heires & successors, & all other person & persons, of, for, & concerning the said office of Shirifes, & all the receipts & charges thereof: That then &c.

¶ A Condition for the Executing of a Bayliwike.

THe Cōdition of &c. That if the aboue boūden I. M. do well and Sect. 226. truely exercise the said office of Bailife & Collector in the Coū ty of Y. by himselfe or his sufficient deputy or deputies, for whome he will answere, during the time that he shall continue in the same. And doe by himself, or by his sufficient deputy or deputies for whom he wil likewise answere, appeare yearely at al times of the yeare, before the Receiuor of the Queenes Maiesties said rents, profits & reuenues for the time being, vpō the precept of the said Receiuor, or of his deputie, yeerely at such time and place within the said Countie of Y. as the same Receiuor by his precept shall limit and appoint to the said I. M. And also if the said I. M. do thē pay or cause to be paid to the Queenes vse, her heires and successors, to the hands of the said [Page] Receiuor, or to the handes of his deputie or deputies, al such summes of money due to our Soueraigne Ladie the Queene, at, or before the feast of E. yerely, as he the said I. M. shall or may by any lawfull or due meanes leuie or receiue, within or by reason of the said office of Bailife or Collector. And also if the said I. M. by himselfe, or his sufficient deputie or deputies, do appeare and accompt yerely before the Q. Maiesties Auditor or Auditors, or the deputie or deputies of the Queenes Maiesties Auditor or auditors, at the Audite to bee holden within the said county of Y. or elswhere, as to him shalbe by the same precept appointed, betweene the feast of S. Mich. tharchangel, & the Natiuitie of our Lord God; or after such time and place within the said county of Y. as by the precept of the same Auditor or auditors, or of his deputie or deputies shalbe to him limitted & appointed, of, and for all rents, reuenues and profits due and paiable, within, or by reason of the said office of Bailife and collector, at, or before the feast of S. Michael the Archangel next before the same Audite. And do well & truely content and pay, or cause to be contented and paid to the Q. Maiesties vse, her heires and successors, to the hands of the Receiuor of the said rents, reuenues & profites, all and euery such summe and summes of money, as from time to time before the said Auditor or Auditors, or his or their deputie or deputies, shall be iustly found due to the Queenes Maiestie her heires and successors, by the said I. M. or his deputy or deputies, by reason of the said office of Bailife & collector vpon the foote or determination of euery such accompt, had & made. And also doe obserue, performe, fulfill and keepe from time to time, all things, clauses, and articles touching Bailifes and Collectors, contained and mentioned in the statute for the true answering of the kings reuenues, made in the Parliament holden at Westin̄ in the vii. yeare of the Raigne of our late Soueraigne King E. the vi. And if it shall happen at any time hereafter during the time that the said I. M. shalbe Bailife & Collector, as is aforesaid, any of the suerty or suerties now bounden for the said I. M. to die, or decay, or shall be misliked and thought not able and sufficient by the Treasorer and Chancelor of the Eschequer for the time being, to answere and pay all such summes due, or to be due by the said Collector for his said office, according to the true meaning hereof: Then if the saide I. M. doe within one moneth next after the death or decay of any the person or persons aboue bounden, or after notice to him to bee giuen of such misliking, as is aforesaide, of any the said persons so bounde, finde, name, cause, and procure, such able and sufficient person [Page] and persons, as by the said Treas [...]rer & Chancellor of the said Eschequer for the time being shalbe thought meete & cōuenient to be surely bound to our saide soueraigne Lady her heires & successors, in the steede & place of him or them so dead, decayed, or misliked & thought insufficient as aforesaid, and in such summe or summes of money, and vpon such condition, & in such sort, as he or they which so shalbe dead, decayed, or misliked, as is aforesaid, stood, be, is, or shalbe bound at y^• time or times that he or they shal die, decay, or be misliked & thought vnmeete, as is aforesaid. And that as often as any such doth decay, or any misliking shal happen during the time the said I. M. shal remain and bee Bailife or Collector of the premisses, as is aforesaid: That then this Recognisance to be void and of none effect, or els &c.

¶ A Condition to exercise a Bailiwicke.

THe Condition &c. that if the within bounden I. A. well & truely Sect. 227. exercise & occupie the office of the Bailiwicke of the hundred of C. vnder y^• within named E. T. being shirife of E. & be ready & attendant to the said Shirife and his deputie, at all times when he shal be required, in executing his said office of Shirifewike, and discharge & saue harmlesse the said Sherif against our soueraigne &c. and all other persons, for executing of al maner of proces, precepts, warrants and commandements to be directed, executed & done by the said I. & of al prisoners as shalbe in his custodie, and wel & truly content & pay to the same shirife, his executors or assignes, al the issues, reuenues, & profits of the said hundred, wherof the certainties amount to the sum of iiil. l. by the confession of the said Bailife, to bee paid duely at the feast of E. &c. And also leuy, cōtent & pay to y^• said shirif, al such green ware, pipe siluer, & issues, as the said shirife shalbe charged within the said hundred, & as shalbe extreated out to the said Bailife togather, to be paid to the said Shirife afore the said feast &c. That then &c.

¶ A Condition to resigne a Vicarage.

THe Condition &c. that if the within bounden E. S. within one Sect. 228. moneth next after request to him to be made by the within named W. C. or his certaine Atturney, do wel & sufficiently resigne the vicarage perpetual of the Church of D. in the county of E. in the dioces of L. & C. in the hāds of y^• ordinarie of the saide place for the time being, to the intent that the said Ordinarie shal institute & induct the saide W. or such other person as the saide W. shall for that purpose name Vicar of the said Vicarage, That then &c.

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¶ A Conditions to renew S [...]rties.

THe Condition &c. That if the within bounden I. M. & T. D. or Sect. 229. one of them, their heires, executors &c. do wel and truly content and pay, or cause to bee contented and pa [...]e [...] vnto the within named W. M. his executors &c. the summe of xx. li. &c. in maner and form e following &c. And further, if at any time hereafter before the said summe of xx. li. be fully paied, as is aforesaid, it shall happen the said I. M. and T. C. or either of them to die: Then the suruiuor of the said I. and T. together, with one good, able, and sufficient person as surtie, shall in steede of him that shall so depart, within three Monethes next after the death of him that so shall depart, become & stand bound to the said W. M. his executors or assignes, by an other good and sufficient writing Obligatorie, for the payment of the saide xx. li. or so much therof, as shall then be and remaine vnpaied, in such maner and forme, to all intents & purposes, as are contained in this present Obligation (the said W. his executors or assignes, vpon the sealing and deliuerie of the said new writing obligatorie, deliuering out the old Obligation then remaining to be cancelled) That then &c.

Defeasances,

¶ A Defeasance of an Obligation.

THis Indenture made &c. Betweene E. W. and Sect. 230. W. W. witnesseth, that whereas the said W W. standeth bounden vnto the said E. W. by one Obligation, bond, or writing obligatorie bearing date hereof in the summe of two hundred poundes, payable at the feast of Easter, next insuing the date hereof, as therby appeareth: That yet neuertheles, the said E W. is contented, and for himselfe, his executors and administrators, & euery of them, doth couenant, graunt, promise, and agree, to, and with the said W. W. his heires &c. by these presents, that if he the said W. W his &c. do well and truely pay, or cause to be paied vnto the said E. his &c. one hundred pounds of &c. vpon the feast day of the Ascention of our Lord God, which shalbe in the yeare of our Lord God 1599. in the South Porch of the parish Church of R. in the Countie of Y. That then and thenceforth the said Obligation, bond, or writing obligatorie to be vtterly void & of none effect in the law, or els to stand, remaine and be &c. In witnesse whereof the said parties to these present [Page] Indentures interchangably haue set their hands and seales the day and yeare first aboue written.

¶ A Defeasance of a Recognisance for the payment of money at seuerall dayes.

THis Indenture &c. Witnesseth, that whereas R. W. of D. in the Sect. 231. Countie of E. yeoman, and T. L. of C. in the Countie aforesaid yeomā, by a certain Recognisance prouided for the recouery of debts taken, recognized, and sealed before Sir C. W. knight, chief Iustice of the Kings Bench, bearing date the day of these presents, stand and be iointly and seuerally bounden vnto T. L. of C. in the countie of E. yeoman, in the summe of one hundred pounds sterling, to be paied as in the same Recognisance thereof made more plainly doth appeare: Neuerthelesse, the said T. for him, his heires and executors, willeth & graunteth by these presents, that if he the said R. & I. their heires, executors, or assignes, or any of them, doe truely content and pay, or cause to be contented and paied vnto the foresaid T. his heirs, executors, or assignes, the summe of xl. pounds, of good and lawfull money of England, in manner and forme following: that is to say, In the feast of &c. fiue pounds, at the dwelling house of the said T. where he now inhabiteth: And the first day of May &c. fiue pounds, at the said house, and so forth from yere to yere, & halfe yere to halfe yere euerie first day of May next & immediatly insuing one another, at the house of the said T. as is aforesaid, fiue pounds, vntil the said summes of xl. pounds be fully contented and paied: That then &c.

¶ A Defeasance to make a Lease, according to an old lease thereof, and for quiet occupation thereof.

THis Indenture &c. Betweene T. W. and B. his wife, and G. M. Sect. 232. of &c. Witnesseth, that wher the said G. M. by his deed indented, bearing date the xxviii. day of M. in the iiii. yeare of &c. haue demised, granted, and to farme letten vnto the said T. W. and B. his wife, all those his sheepe pastures, leazes, feedings, and commons, set, lying, and being in the maners of S. and N. in B. in the countie of N. with all and singuler &c. To haue, hold, and occupie the same to the said T. W. and B. their executors and assignes, from the day of the date of the said deed indented, for and during the terme of xxi. yeares thence next following, as by the tenor of the said deede indented more plainly it doth appeare. And whereas the said G. M. personally standeth bound before the Queenes Maiestie in her high Court of Chancerie [Page] by a Recognisance there knowledged, bearing date &c. vnto the said T. W. & B. his wife, in the summe of &c. as by the tenor of the same Recognisace inrolled in the said Court, doth & may more plainly appeare: It is therefore couenanted, c [...]sc [...]nded, fully concluded and agreed between the same parties, and the same T. W. & B. his wife, for themselues, their &c. do couenant and grant, to, and wi [...]h the said G. M. his &c. that if he y^• said G. M. his &c. within one yere next after the ful end, expiration, & determination of the said xxi. yeres, & after a reasonable & conuenient request to the said G. M. his &c. had & made by the same T. W. and B. his wife, or any of them, or the heirs &c. of them, or of any of them, make, seale, and deliuer, or cause to be made, sealed, and deliuered, a good, sufficiēt, sure, and inde be afible new lease of the same sheepe pasture &c. vnto the same T. W. & B. his wife, or the longest liuer of them, if either of the same W. or B. then fortune to be dead. To haue and to hold the same, for, and during the terme of xx. yeres next insuing, with onely such & no more rent res [...]ued for the same; and such like, and no more nor other articles, agreements, or couenants, then be contained in the Indenture afore mentioned (the names of the parties thereunto, the date & expiration of the same new lease, and other things of course, & not of substance or effect only to be changed & altered in the same, and that by tha [...]e [...] or mutuall agreemēt of both the parties to the same, according to the true meaning & intent hereof.) And also if the same T. W. & B. their heires &c. shall quietly haue, hold, occupie, & inioy the same premisses, by all the time of the terme of the said xx. yeeres, according to the tenor of the new appointed lease, paying such rent as is reserued and cōtained in the same Indentures, without any lawfull euiction or disturbance of the said G. M. his heires or assignes, or any other by him, his, or any of their procurement or commandement: That then &c.

¶ A Defeasance of a Statute staple for debt.

THis Indenture &c. Betweene E. C. of &c. and I. A. I. B. & I. G. Sect. 233. of the other partie, Witnesseth, that whereas the said I. A. I. B. and I. G. by one writing or Recognisance, bearing the date hereof, made according to the Statute prouided & set forth for the recouery of debts, sealed, taken, and acknowledged before Sir T. D. knight, Maior of the Staple at Wes [...], & W. F. Esq. Recorder of the citie of L. are, & stand iointly and seuerally bounden to the said E. C. in the summe of CE. pounds, of lawfull money &c. as by the same writing or Recognisance appeareth. Neuerthelesse, it is agreed betweene the said parties, and the said E. C. is contented and pleased, and by [Page] these presents, for him, his executors, &c. doth couenant &c. to & with the said I. A. I. B. I. G. and euery of them, their &c. in maner & forme following: that is to say, That if the said I. A. I. B. and I. G. or any of them or &c. do wel and truely pay, or cause to be paied vnto the said E. C. his &c. the summe of one hundred pounds of &c. at, or in the now dwelling house of I. C. &c. in the Countie of S. in, and vpon the iiii. day of &c. (if the said E. C. & E. C. daughter of the said E. C. or either of [...]hem shalbe then liuing in this transitorie life,) That then the said writing or Recognisance of &c. shalbe vtterly void and of none effect, as though the same had neuer bin made. In witnesse &c.

¶ A D. feasanc [...] of a Statute knowledged before the chiefe Iustice of the common Place.

THis Indenture &c. Betweene E. W. of &c. & W. W. of &c. Witnesseth, Sect. 234. that where as the said W. W. standeth [...]ounden vnto the said E. W. by one Statute, Recognisance, or bōd, bearing date hereof, knowledged before Sir E. A. knight, Lord chiefe Iustice of the common Plees at Westminster, in the summe of CC. pounds, payable at the feast of Easter next insuing the date hereof, as thereby appeareth: That yet neuerthelesse, the said E. W. is contented, and for himselfe, his executors &c. and euery of them doth couenant, graunt, promise, and agree, to and with the said W. W. his heires &c. that if he the said W. W. his heires &c. do well and truely pay, or cause to be paied vnto the said E. his executors &c. one hundred poūds of &c. vpō the feast day of &c. in the South porch of the parish Church of Saint D. scituate in Fleetestreat in London, That then &c.

¶ In like maner may all other Defeasances of Statutes Marchant, and single Recognisances knowledged in the Chancerie, or els where be made, Mutatis mutandis. And so we thinke we haue sufficiently discoursed of the sundry formes of Conditions, and Defeasances of Obligations and Recognisances, vnto which, Feoffements seeme by good right worthy to be next placed.

¶ Feoffements.

¶ Of Feoffements, and what a Feoffement is.

A Feoffement, Feoffamentum, or rather Feufamentum, for it Sect. 235. seemeth to be deriued of Feudum, a Gottish woord, so called a fide vel fidelitate, which is defined of the Ciuill Lawiers, [Page] A louing and free graunt of a thing either immoueable, or of like nature, by transferring of the vse and profit thereof, retayning the very property vnder the doing of Fealtie, and other seruices. And of some it is said to be a kind of protection or patronage, safegard, or homage, whereby some dignity, pension, or ground, is in such manner giuen or graunted to any man, that he and his heires and posteritie should for euer acknowledge the aucthor of the same good turne, and worshippe him as their Patron or Lord, and defend his person, honor, landes, & goods &c. By which I gather, that Feoffamentum generally signifieth donationem feudi. But with vs it is properly any gift or graunt of any honors, castels, manors, mesuages, landes, or other corporall immoueable things of like nature, to another and his heires for euer, by the deliuerie of seisin and possession of the thing giuen, whether the gift be made by word or writing. And when it is by writing, it is called a deede of Feoffement. And in euery Feoffement the giuer is called the feoffor, feoffator: and hee that receiueth by vertue thereof the feoffee, feoffatus. As in these examples following.

¶ A Feoffement of lands discended.

SCiant &c. quod ego I. N. de P. in comit̄ N. yeoman, filius & haeres Sect. 236. R. N. nuper de P. praedict' defuncti, vendidi, concessi, & hac praesenti charta mea confirmaui W. F. decem acras terrae cum pertinent̄, iacen̄ & existen̄ in villa & parochia de B. in comitatu p̄dict', videlicet, inter terram &c. Quae quidem decem acr̄ terr̄ cum pertinentijs nu ꝑ fuerunt praed' R. P. patris mei, & quae per & post mort̄ ipsius R. mihi praefat̄ I. vt filio & haeredi eiusdem R. iure haereditario discendebant. Habend' & tenend' praedict' decem acras terr̄ cum ꝑtinentijs praef. W. haeredibus & assignatis suis in ꝑpetuum de capitalibus dominis faeodi illius, per seruitia inde debita, & de iure consueta, ad opus & vsum dicti W. haered' & assignatorum suorum imperpetuum. Et ego vero praef. I. & haeredes mei praedict' decem acras terr̄ cum pertinentijs praef. W. haeredibus & assignatissuis, contra omnes gentes warrantizabimus imperpetuum per praesentes. In cuius rei &c.

¶ A Feoffement of lands purchased according to an Indenture &c.

SCiant &c. quod ego I. P. ad instantiam & requisitionc̄ W. F. ac in Sect. 237. complementum & executionem certarum conuentionū & concession̄ contenta [...] cificat̄ in quibusdam Indentur̄, geren̄ datam [Page] quarto die I. vltimo praeterito ante datum praesentium, factis inter me praefatum I ex vna parte, & praedict' W. ex altera parte, dedi, concessi, & hac praesenti charta mea confirmaui eidem W. totum manerium meum de D. in S. cum pertinentijs in comitat̄ E. vna cum omnibus terris & tenementis, pratis, pascuis, pasturis, boscis, & subboscis, reditibus, reuersionibꝰ, & seruitijs, & omnibus suis pertinētijs eidem manerio spectantibus siue pertinentibus, quae ego praedict' I. nuper habui mihi, haered', & assignatis meis, ex dono & feoffamento N. K. Habend' & tenend' totum &c. vt supra.

¶ A feoffement in fee, with a Letter of Atturney.

SCiant p̄sentes & futuri quod ego W. H. gen̄, dedi &c. W. C. manerium Sect. 238. meum de T. &c. Habend' & tenend' praedict' manerium cum omnibus &c. praef. W. C. & I. S. haeredibus & assignatis suis imperpetuum. Et ego vero praedict' &c. Et vlterius sciant me praefat̄ W. feciste, ordinasse, constituisse, & in loco meo posuisse dilectos mihi in Christo R. F. & W. S. meos veros & legitimos Atturnatos, coniunctim & diuin̄m, ad intrand' & possessionem capiendam pro me, & in nomine meo, de & in praedict' maner̄, terris, tenemētis, reuersion̄ & seruitijs, cum omnibus suis pertinentijs, & post huiusmodi possessionem sic inde captam & habitam, dein de pro me, & in nomine meo, plenam & pacificam possessionem & seisinam inde praefatis W. & I. aut eorum in hac parte atturn̄ siue atturnatis deliberandum, secundum tenorem, vim, formam, & effectum huius praesentis chart̄ meae: Ratum & gratum habens & habiturus totum & quicquid praedict' Atturnati mei seu eorum alter nomine meo fecerint, vel alter eorum fecerit in praemissis. In cuius rei &c. Dat̄ &c.

¶ A feoffement in fee of a Decree in the Chancery.

SCiant &c. quod ego I. B. ad instantiam & specialem requisitionem Sect. 239. R. P. necnon vigore & aucthoritate cuiusdam decret̄ super petitionem eiusdem R. P. in Cancell' domini Reg. de & super maner̄ de L. cum pertinen̄ in comit̄ E. versus me habit̄: Tradidi, dimisi, liberaui, & hac praesenti charta mea confirmaui eidem R. praedict' maner̄ cum pertinenti [...]s praefat̄ R. haeredibus & assignatis suis in perpetuum, ad vsum eiusdem I. haered' & assignatorum suorum, secundum vim, formam, & effectum decreti praedicti. Habend' &c [...] cuius rei testimonium &c.

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¶ A Feoffement of the moitie of a Manor recouered by awrit of Entre in the Post.

SCiant &c. quod ego I. D. pro summa quadraginta libr̄ &c. mihi Sect. 240. per R. F. prae manibus solut̄, de quibus quidem xl. li. fateor me plenarie fore satisfactum & persolutum, dictum (que) R. haered', executores, & administratores suos inde esse acquietos & exoneratos per praesentes: Dedi, concessi, & hac pn̄ti charta mea confirmaui eidem R. medietatē manerij de S. cum pertinētijs, ac vnius mesuagij, vnius gardini, xx. acrarū terrae, x. acr̄ prati, xl. acr̄ pastur̄, & xx. solid' redit̄ cum pertinen̄ in T. & C. in com̄ E. Quam quidem medietatem omnium & singulorum praemissorum cum pertinen̄, ego praedict' I. D. in cur̄ domin̄ Reg. coram I. B. Milite & socijs suis Iustic' ipsius dn̄ae Reg. apud W. nuper recuperaui versus N. P. & I. vxor̄ eius, per breue dictae dominae Reg. de ingressu super disseisinam in le Post, prout inter record' de termino S. Hillarij, anno regni H. viij. &c. plenius apparet. Habend' & tenend' totam praedict' medietatem dictorum manerij, terr̄, & tenementorū, ac caeterorum praemissorum cum suis pertinentijs praefat̄ R. haeredibus & assignatis suis in perpetuum &c. vt in alijs chartis praecedent'.

¶ A Feoffement in fee of landes by Executors &c.

OMnibus Christi fidelibus ad quos hoc praesens scriptū peruenerit, Sect. 241. W. & I. executores testamēti R. W. &c. salut̄ in domino sempiternam. Cum praedict̄: R. per testamentum lectum & proclamatum in Hustingo London̄ certo die &c. proxim̄ post festū S. Barnabae, anno Regis H. viij. &c. xix. dederit & legauerit I. vxori suae, tria tenemēta sua cum pertinentijs quae habuit in dicta ciuitate, vnde vnum tenement̄ situatū est & iacet in ꝑochia sanctae M. virginis in Fanchestreete, inter tenemētum &c. Et aliud tenementū situat̄ est &c. Et tertium tenementū situatum est &c. Habend' & tenend' praedict̄ tria tenementa cum suis pertinentijs, praefat̄ I. ad terminum vitae sue. Et post decessum p̄dict' I. voluit & legauit antedictus testator, quod p̄dict̄ tria tenemēta cum ꝑtinētijs Agnet̄ filiae & haered' de corpore suo legitime ꝓcreatis integre remanerent, & pro defectu haeredis de corpore eiusdē Agnet̄ legitime procreati, voluit & legauit p̄dict' testator, qd' praedict̄ tria ten̄ta cum suis ꝑtinentijs, nobis praedict̄ W. & I. & executoribꝰ nr̄is integre remanerent ad vēdendū, [Page] & pecuniam suam inde percipiendam in operibus cha [...]itatis disponend', prout in eodem testamēto plenius continetur. Et quia praedict' I. obijt, & praedict' A. similiter sine haeredibus de corpore suo legitime procreat̄ decessit. Sciatis nos praefat̄ W. & I. executores dicti testamenti p̄fat̄ R. aucthoritate dicti testamenti, dimisisse, concessisse, & hoc praesenti scripto nostro confirmasse, ac pro quadam pecuniae summa inde in complementum executionis dicti testamēti prae manibus solut̄, vendidisse R. L. de Lond' ciui & mercatori London̄, praedict̄ tria tenementa cum suis pertinentijs. Habend' & tenend' eidem R. haered' &c. In cuius rei &c.

¶ A Feoffement in London.

SCiant &c. quod nos C. T. & K. T. dimisimus & feoffauim' W. R. Sect. 242. filio W. R. I. W. & I. R. de Lond', duo tenementa nostra cum domibus, cellarijs sollarijs, gardinis, & omnibꝰ alijs suis ꝑtinētijs, scituatis in vico vocat̄ S. M. in parochia sanct̄ A. super Cornehill London̄, scilicet inter &c. Quae quidem &c. cum suis ꝑtinen̄ nos p̄dict̄ C. T. & K. T. nuper habuimus coniunctim, ex dimissione & feoffamento p̄dict̄ W. R. filij dicti W. R. et I. R. fratris eius, ꝑut in quadam charta per praefat̄ W. R. et I. R. inde nobis confecta, cuius datum est &c. continetur. Habend' & tenend' praedicta ten̄ta &c. Dat̄ &c.

¶ A Feoffement in fee of a Hundred.

OMnibus Christi fidelibus ad quos praesens scriptū peruenerit, Sect. 243. R. R. Miles salut̄ in domino. Cum dn̄s Rex nunc xxxj. die Maij, anno regni sui quintodecimo, perliteras suas patentes dederit et concesserit mihi p̄fat̄ R. R. inter alia Hundred' de B. in Comit̄ E. cum omnibus iuribus, finibus, amerciamentis, wrec' maris, & alijs emolumētis & commoditatibꝰ eidē Hundred' debit̄ spectantibus siue pertinen̄ quouismodo. Habend' & tenend' Hundred' p̄dict̄, ac caetera praemissa cum ꝑtinen̄ mihi pref. R. R. haered' et assignat̄ meis, de dicto dn̄o Rege & haered' suis, per seruitia inde ab antiquo debita & de iure consueta in perpetuū, prout in eisdem literis plenius continetur. Noueritis me praefat̄ R. R. per praesentes, dedisse, concessisse, & confirmasse, & virtute et aucthoritate licentiae mihi per dictum dominū Regem, ꝑ dictas literas suas patētes concessisse reuerēdo in Christo patri & domino R. permissione diuina B. & W. Ep̄o, R. L. Militi, R. B. T. H. ciuibus et Aldermannis London̄, & W. C. seruienti meo praedict̄ hundredum de B. cum omnibus &c. Habend' & tenend' idem [Page] hundred' &c. ac caetera praemissa cum pertin [...] ̄tijs praef. Episcop̄ R. L. R. B. T. H. & W. C. haeredib' & assignatis suis de dicto domino Rege & haeredibus suis, perseruitia inde ab antiquo debita, & de iure consueta imperpetuum. Et ego vero &c. warrantizabimus &c. Et vlterius noueritis me praef. R. L. per praesentes, fecisse, constituisse, & in loco meo posuisse dilectos &c.

¶ A Feoffement in fee to the husband and wife.

SCiant &c. quod ego R. B. dedi &c. A. T. de eadem, & E. vxori suae, Sect. 244. totum illud mesuag' meum quod ego habeo in dict' villa de S. situatum &c. Habend' & tenend' &c. In cuius &c.

¶ A Feoffement in fee of Copybold landes.

OMnibus &c. T. B. Miles dominus manerij de W. in comitatu E. Sect. 245. salutem in dn̄o sempiternam. Cum I. M. ad Curiam tentam apud maneriū de W. p̄dict̄ die Lunae ꝑximo post festū S. Hill' Episcopi, anno &c. praesens in Cur̄ sursumreddidit in manus domini manerij p̄dict̄ duo tenemēta haereditabilia, vnde vnum est cum domibus edificat̄, et aliud tenemētū non edificat̄, ac certa terr̄ & marisc' eisdem ten̄tis spectant̄ cum oibus suis pertinentijs, quondam vocat̄ H. iacen̄ in W. praedict̄, ad opus W. T. & I. vxor̄ eius, & haered' suorum. Quibus dominus per Seneschallum suum concessit inde seisinam, tenendum eisdē W. et I. vxori eius, haered' & assign̄ per virgam ad voluntatem domini, secundū consuetudinem man̄ij, per seruitia & consuetudines inde debita, & de iure consueta inperpetuū, prout per rotulum Curiae praedict̄ latius patet: Postea (que) p̄dict' I. obijt viuente p̄dict W. viro suo, & idem W. legitim̄ possessionat̄ existens, de, & in praedict̄ duobus tenement̄ ac caeteris ꝓ̄missis vt ꝓ̄dictū est, in forma praedict̄, eadē duo tenemēta ac caetera praemissa cum eorum pertinen̄ in manus meas nuper sursumreddidit, ad intētionem quod ego praedict' duo tenemēta ac eaetera p̄missa cum suis pertinen̄, per chartam meam sigillatam cuidam R. T. dimitterem, traderem, liberarem, & confirmarem. Super quo sciatis me praefat̄ T. B. pro quadam pecuniae summa &c. dimisisse, tradidisse, liberasse, et hoc p̄senti scripto meo indentato confirmasse praefat̄ R. D. praedicta duo tenementa, ac praedict̄ terr' & marisc' eisdem tenementis spectant̄, cum omnibus suis pertinentijs. Habend' &c. praefat̄ R. D. haeredibus & assignatis suis, libere, quiete, bene, & pacifice per chartam inperpetuum. Reddendo inde annuatim mihi praefat̄ T. B. et haeredibus & [Page] assignatis meis dominis manerij p̄dicti pro tempore existen̄, decem solid' legalis monetae Angliae, ad festa Paschae & sancti Michaelis archangeli per aequales portiones, & sectam curiae in man̄io meo p̄dicto cum acciderit: Ac etiam vltra hoc reddendo ad quamlibet alienationem seu venditionem p̄dictorum duorum tenementorū, ac caeterorum praemissorum p̄dict̄ mihi & haeredibus meis dominis manerij praedict̄ ꝓ tempore existen̄ viij. s'. legalis monote Angl' pro omnibusreddit̄, seruicijs, & demandis quibuscūque. Ita quod si & quoties contingit p̄dict̄ annualem reddit̄ decem solid', aut p̄dict̄ reddit̄ viij. s'. aut dictā sectam cur̄, cum vt praefertur solui debeat, aretro fore in parte vel in toto post aliquem terminum solutionis inde praelimit̄ contra formam p̄dict̄, qd' tunc & toties bene liceat & licebit mihi praef. T. B. haered' & assignat̄ mei [...] dominis man̄ij p̄dict̄ pro tēpore existent̄, in p̄dict̄ duo tenem [...] ̄ta, terras, & marisc' praed', & in quamlibet inde ꝑcellam intrare & distringere, districtionesque sic ibidem captas licite asportare, abducere, effugare, decariare & penes se retinere, quous (que) p̄dict̄ reddit̄ sic aretro existen̄, & omnia inde arrerag' si quae fuerint, nobis plenarie fuer̄ satisfact' & persolut̄. Ac insuper noueritis me praefatū T. B. fecisse, ordinasse, &c. vt in alijs chartis.

¶ A Feoffement of lands in auncient demesne recouered there by fine.

SCiant &c. quod ego I. D. vendidi, dedi, concessi, & hac praesenti Sect. 246. charta mca confirmaui I. S. [...]llastres toftas terrae cum pertinen̄ vocat̄ C. prout insimul iacent apud H. infra parochiam de H. in com̄ E. viz. inter terras &c. Ac etiam quendam annualem redditū trium solidorum & nouem denariorū, leuand' & percipiend' de tenement̄ sequent̄, scilicet de R. B. pro vno tenemēto & certa terra in H. vocat̄ G. duos solid' & sex denarios, & de N. P. pro vno ten̄to & vno gardino adiacente in H. p̄dict̄ vocat̄ P. xv. denar̄ ad duos anni termin̄, viz. ad festa Pasch. et S. Mich. per equales portiones annuatim soluend', quae nuper habui a T. M. & A. vxore eius, virtute cuiusdam finalis concordiae fact' in curia dominae K. Reg. Ang. prae charissimae consortis H. viij. dei gratia Angliae &c. manerij sui de H. ibidem tenta decimo die Feb. anno regni dicti domini Regis tricesimo quinto, coram A. B. & C. D. balliuis ip s [...]u [...] Reginae man̄ij sui p̄dict̄, ac P. D. R. C. I. W. & E. K. sectatoribus curiae illius, inter me praefat̄ I. D. quer̄, & praedict̄ T. M. & A. iam vx. eias deforc', prout in fine praedict̄ [...]quet manifeste. Habendum &c. vt in alijs chartis.

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¶ Feoffamentum ad intentionem refeoffandi.

SCiant &c. quod ego M. C. dedi &c. W. B. totum illud mesuagiū Sect. 247. &c. Habend' &c. praefat̄ W. B. & haeredibus suis &c. ad eam intentionem quod idem W. B. aut haered' sui infra decē dies prox. sequen̄ post datū huius praesentis chartae meae, refeoffabit seu refeoffari faciet me p̄fat̄ M. C. ac quosdam I. K. & A. C. quam quidem A. idem I. Deo fauente ducet in vxorem, de, & in praedicto mesuagio &c. Habend' &c. mihi praef. M. C. & assignat̄ meis, ad solum vsum mei ipsius M. ꝓ termin̄ vitae meae, absque impetitione alicuius vasti. Et post decessum mei ipsius M. tunc habend' & tenend' praedict' mesuagium &c. praef. I. K. & A. & eorum vtrique diutius viuenti & haered' masculis de corpore ipsius I. K. legitime procreat̄, ad solum vsum ipsorum I. & A. & eorum vtriusque diutius viuentis & haered' masculor̄ de corpore ipsius I. legitim̄ ꝓcreat̄. Ita quod ꝓ defect' haered' masculi de corpore dict' I. legitim̄ procreat̄, praedictum mesuagium &c. post decessum ipsorum I. & A. integre remaneat mihi praefat̄ M. & haered' meis inperpetuum &c. vt in alijs chartis.

¶ A refeoffement.

SCiant &c. quod nos T. P. & W. S. ad specialem instantiam I. M. dimisimus, Sect. 248. tradidimus, feoffauimus, liberauimus, & hac p̄senti chart̄ nostra confirmauimus eidem I. ac M. vxori eius totum illud mesuagium &c. Quod quidem mesuagium cum praedict' duabus acris terrae cum ꝑtinentijs, nos praenominati T. P. & W. S. nuper coniunctim habuimus nobis & haered' nostr̄ inperpetuum, ex dono, cōcessione, feoffamento & chart̄ confirmat̄ I. M. ꝓut in quadam charta cuius dat̄ est primo die Augusti vltim̄ praeterito, ante dat̄ praesentium inde nobis confect', plenius apparet. Habend' &c. In cuius rei testimon̄ &c.

¶ A Feoffement of lands giuen by Testament.

SCiant &c. quod ego I. M. dedi, concessi, & hac p̄senti charta mea Sect. 249. indentata confirmaui T. P. & W. S. vnum mesuagium &c. Quod quidem mesuagium &c. nuper fuerint N. F. defuncti. Et quae idem N. per suum testamentum & vltimam voluntatem factum & declaratū in script̄, secundū formā statuti inde prouifi, mihi praefato I. & haeredibus meis nuper dedit & legauit, prout in testam̄ vltimae voluntatis praedictae, cuius datum est primo die Maij, anno Domini &c. & anno [Page] Regni H. viij. Dei gratia &c. plenius continetur. Habend' sub forma & conditione sequentibus, videlicet, quod praedict' T. P. & W. S. vel haeredes aut assignati sui cum inde requisit̄ fuer̄, refeoffabunt me p̄fat̄ I. M. ac quandam M. vxorem meam, de, & in praedicto mesuagio &c. Habendum & tenendum nobis praef. I. & M. ac haered' & assignatis meis praedict' I. imperpetuum. In cuius rei testimoniū vni parti praesentis chartae meae indentatae penes praefat̄ T. & W. remanent̄, Ego praedict' I. M. sigillum meum apposui. Et quia idem sigillum meum quampluribus est incognitum, ideo sigilla honestorum virorum R. R. R. S. & E. K. testium in testamento & vltima voluntate praedict' N. F. nominator̄, & specialiter vocat̄, praesentibus apposui & apponi ꝓcuraui. Et nos praedicti R. R. & E. ad specialem instantiam & personalem rogatum praedict' I. M. praesentibus sigilla nostr̄ apposuimus in fidem & testimonium omnium praemissorum: Alteri vero inde parti penes me praefat̄ I. M. residenti, praedict' T. P. & W. S. sigilla sua apposuerunt. Dat̄ &c.

¶ A Feoffement of a Manor.

OMnibus Christi &c. ad quos &c. peruen̄, E. N. Miles cancellar̄ Sect. 250. Curiae augmentat̄ Coronae domini Regis, Salutem in domino sempiternam. Sciaris quod ego praef. E. N. virtute vigore & aucthoritate licentiae Reg. ad infrascript̄ faciend' praemiss. habit̄ & obtent̄, ac pro quadam pecuniae summa mihi p̄fat̄ E. p I. W. Milit̄ Thesaur̄ Cu [...] praed', prae manibus bene & fideliter persolut̄, tradidi, feoffaui, vendidi, barganizaui, & hac praesenti charta mea, confirmaui I. W. totum ill' manerium meum de R. in comitatu O. cum suis membris & pertinentijs vniuersis, nuper Monaster̄ de S. dudum spectant̄ & pertinentibus. Necnon patronat̄, aduocation̄, nomination̄, praesentac', & ius patronatus Ecclesiae & rectoriae de R. in comitatu O. dict' nuper Monasterio de S. dudum spectan̄ & pertinentia, ac etiam omnia & singula maneria, mesuagia, grang', molendina, domos, aedificia, hortos, columbar̄, pomar̄, gardina, terr̄, tenem̄, prat̄, pastur̄, & pascua, bosc', subboscos, vias, communias, aquas, piscar̄, stagn̄, viuar̄, estuar̄, parcos, warrenn̄, vasta, mora [...], iampn̄, bruer̄, mariscos, tam falsos, quam dolces, reuersiones, seruic', reddit̄, & proficua sup quibuscunque dimissionibus & concessionibꝰ reseruat̄, redd' & firm̄ omniū tenent̄ & firmarior̄ ad termin̄ vitae & annorū ꝑ copiam curiae & customar̄, redit̄, seruic', redit̄ oneris, redit̄ siccos, annuitates, ac feod' firm̄, feod' militū, cur̄, letas, vis. frā cipleg', ac oīa quae ad vis. francipleg. ptinēt, natiuos, & [Page] villanos, cum eorum sequel', bona & catalla wauiata, bona & catalla felon̄ & fugitiuorum, vtlagatorum, attinctorum, & in exigēdis posit̄' eschaet̄, releuia, extrahur̄, libertates, frāches, iur̄, iurisdictiones, priuilegia, & omnia alia proficua, cōmoditates, possessiones, & haereditamenta mea quae cunque cum eorum pertinentijs vniuersis, situat̄, iacent̄, & e [...]istent̄ in villa, campis, parochia, seu han [...]let̄ de R. parua, in dicto comitatu O. Ac etiam reuersiones & redit̄ omniū & singulorum praemissorum, & cuiuslibet inde parcell', ac omnes & singulos boscos & subboscos, & arbores quascunque super eisdem cres [...]ent̄ siue existent̄. Adeo plene, libere, & integre, ac in tam amplis modo & forma, ac cum omnibus eisdē & huiusmodi & cōsimilibus l [...]bertatibus, priuilegijs, iurisdictionibus, franchesijs, iuribus, proficuis, & commoditatibus quibuscunque, prout dictꝰ Rex nunc Henr̄ viij. dei gratia &c. ꝑ literas suas patentes sub magno figillo suo Angliae confectas, gerentes datum apud Westmonaster̄ decimo octauo die &c. anno regni sui &c. mihi praefat̄ E. N. ac haeredibus & assignatis meis iamdudum inter alia dedit & concessit, & adeo plene, libere, & integre, & in tam amplis modo & forma, prout praemissa aut aliquam inde parcell' modo habeo, seu habere debeo, ratione, vigore, & virtute dictarum literatum patentium inde mihi vt p̄fertur cōfect', aut aliter quocunque modo. Habendum, tenendum, & gaudendum praedict' maner̄ de R. & praedicta mesuag', terras, tenementa, prata, pascua, pasturas, redit̄, reuersiones, seruitia, aduocationes &c. ac caetera omnia p̄missa superius expressa & specificat̄, cum eorum pertinē tijs vniuersis praefato I. W. ac haeredibꝰ & assign̄ suis imperpetuum, ad solum & propriū opus & vsum ipsius I. W. haeredum & assignatorum suorum imperpetuum. Reddendo inde annuatim dict' domino Regi, haeredibus & successoribus suis x. li. bonae & legalis monetae Angliae, ad dictam Curiam Augmentationum reuenc' Coronae Regiae, ad festum S. Mich. archangel' singulis annis soluend' pro omnibus alijs seruitijs, sectis, & demandis quibuscunque eidem domino Regi, haeredibus vel successoribus suis quouismodo reddend' soluend', vel faciendis. Tenend' &c. In cuius &c.

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Liuerie of seisin.

ALbeit deedes of Feoffement thus made be sealed & deliuered Sect. 251. by the feoffor vnto the feoffee, and openly read, yet the things in such Charters contained passe not without liuery of possession and seisin, Litt̄ Sect' 59. & 60. For no feoffement can be made without Liuerie of seisin. It is meete therefore I should shew what Liuerie of seisin is, and to what end it was inuented, and how it ought to be made. It is termed in Latin, Traditio possessionis, Inuestitura, vulgo deliberatio seisinae, which is nothing els, but datio possessionis, for Tradere non significat rei proprietatem da [...]e, sed rem ipsam accipienti porrigere eiusue possessionem ad illum transferre. Wherfore we may well define Liuerie of seisin to be a Ceremonie in our Law, vsed in the conueying of lands or tenements, or other things corporall (for of things incorporall no Liuerie of seisin may be) by feoffemēt from one man to another, in fee simple, fee taile, or for the terme of life, as an argument or token of the willingnes of the feoffor to depart with, & of the feoffee to receiue the thing whereof the feoffement is made. Which was ordeined at the first, that the common people might thereby haue notice of thalteration of such estates, and so better know in whom the right thereof remayned, for their common quiet and repose. Perkins 209. 210. Bracton Lib. 2: cap. 18. Sect'. 1. 2. The vsuall maner of deliuerie of seisin of houses, lands or tenements is, that the feoffor and feoffee if they be present, or in their absence, their Procurators or Atturnies (by sufficient warrants of atturney in writing) do come to the house or place whereof seisin is to be deliuered: And there in the presence of sundrie good witnesses openly reade, or cause to be read, the deed of feoffement and letter of Atturney thereof, or to declare the verie effect thereof before them in English. VVhich being so done, the feoffor or, his Atturney must take a clot of earth, or a bough, or a twig of a tree thereupon growing, or the ring or haspe of the doore of the house, and deliuer the same with the said deede vnto the feoffee or his Atturney, saying: I deliuer these vnto you in name of possession and seisin of all the landes and tenements contained in this deed, to haue and to hold according to the forme and effect of the same deede.

If the feoffement be without deede (as it may well be) then at the time of the deliuerie of seisin, must bee expressed the very estate which the feoffee must haue thereby. In deliuerie of Seisin, all [Page] persons hauing any lawfull possession or seisin in the thing of which seisin is to be deliuered, ought either to ioine together in the making of the Liuerie of seisin, or to be remoued thence, as lessees for yeares, or for life: for euery Liuerie ought to bring an immediate possession vnto the feoffee, Littleton Sect' 61. & 418. Also if the feoffement be of diuers parcels of lands lying in seuerall Townes in one Countie, Liuerie of seisin in any part therof suffiseth for all, if they be then in the feoffors possession and out of lease. But if they bee in diuers Counties, or in lease, or out of his possession, it is conuenient that hee enter into euery parcell thereof and make Liuerie of seisin in euerie seuerall parcell thereof, for he can giue no possession vnto his feoffee if hee haue it not in himselfe at the very instant of the deliuerie of seisin made, Littlet̄ cap. 18. Sect' 1. And Bracton saith, Non iaceb [...]t seisina aliquo tempore medio vacua. By Liuerie of seisin the feoffor transferreth vnto the feoffee all that hee hath in the things whereof the Liuerie is made, according to the state thereupon limitted. If two seuerall deedes of feoffement be made to two seueral persons of one selfe thing it passeth vnto him vnto whom seisin is first deliuered according to the verse.

Rem domino vel non domino vendente duobus,

In iure est potior, traditione prior.

Where the gift or graunt is of landes or tenements in lease, they commonly passe by Atturnement of the particuler tenants thereof, & not by Liuerie of seisin. And the like order is to passe things which cannot passe but by grant in writing, as seruices, reuersions, remainders, rents, commons &c. of which it shalbe intreated in the Chapter of Graunts, Litt̄ Sect' 283. Also by euery Liuerie of seisin passeth an estate of freehold at the least.

¶ The maner of indorsing or entring of Liuerie vpon deedes of feoffement by the feoffor to the feoffee in their owne persons, Thus.

MEmorandū, quod x. die Martij, anno &c. plena & pacifica possessio Sect. 252. & seisina de manerio & tenemētis infraspecificat̄ cum pertin̄, data & deliberata fuit per infranominat̄ A. B. infranominat̄ C D. in proprijs personis suis, secundum vim, formam, tenorem, & effectum chartae infrascript̄, in praesentia eorum quorum nomina subscripta sunt, videlicet. A. B. C. D. E. F. & aliorum. Subscribing the names of the witnesses present thereat.

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Or by their Atturneis, Thus.

¶ Memorandum, quod x. die Maij, Anno &c. xxxviij. Elizab. Reg. Sect. 253. &c. plena & pacifica possessio & seisina de tenementis infrascript̄ cū pertinen̄ &c, data & deliberata fuit per E. F. et E. H. Attornat̄ infranominat̄ A. B. cuidam G. H. Attornat̄ infranominat̄ C. D. virtut̄ seperal' literat̄ attornat̄ eis inde confectar̄, iuxta vim, formam, tenorem, & effectū chartae infraspec', & literarū attorn̄ praedict' vt supra, Or thus.

Per infranominat̄ E. F. attornat̄ p̄dict' A. B. iuxta &c. vt supra. Or to the like effect in Latin or English.

Of letters of Atturney to giue and receiue seistn, shalbe spoken in their place: Albeit they may be inserted in the deedes of Feoffement, vt supra.

¶ A Gift or graunt in taile.

OMnibus Christi fidelibus ad quos hoc presens scriptū indentat̄ Sect. 254. peruenerit, H. Comes A. salutem in domin̄ sempiternā. Sciatis me praefat̄ H. Comit̄ A. tam ꝓ & in consideratione summe &c. bone & legal' monet̄ Ang. mihi p̄f. Comit̄ per F. B. & S. gen̄ prae manibus bene & fideliter persolut̄, vnde fateor me pref. Comitem plenar̄ fore satisfactū & persolut̄, eundemque F. haered', executor̄, & administrat̄ suos inde plene acquiet̄ & exonerat̄ esse per presētes, quam etiam in parte complement̄ quaruadem conuention̄ & agreamentorum cō tent̄, declarat̄, & specificat̄ in quibusdā Indenturis fact' inter me p̄f. C. & I. D. & I. L. vxor̄ dict filiam meam dict' Comit̄ ex vna parte, & prefat F. B. ex altera parte, geren̄ dat &c. anno Regni dn̄e nostre Eliz. Reg. nunc quinto, Tradidisse, concessise, & hoc praesenti scripto meo confirmasse pref. F. B. omnia illa terr̄, tenement̄, prata, pasc', pastur̄, boscos, subboscos, liberas cōmunias, & hereditament̄, iacen̄ siue existen̄ in C. & S. in hoc presēti script̄ indētat̄ inferius express. declarat̄, seu specificat̄, omnib' & omnimod' libertat̄, regalitatibus, iurisdictiombus, priuilegijs & franches. de, & in eisdēterr̄, tenement̄, & ceteris praemissis, & in qualibet inde parcell' mihi praef Comit̄, haered' & assign̄ meis tantūmodo & omnino except̄ & reseruat̄, viz. omnia ill' terr̄, ten̄t̄, prat, pascua, et pastur̄, modo vel nuꝑ parcell terrarū dominical' praed' manerij de S. in dicto com̄ S. vocat̄ seu cognit̄ ꝑ nomen vel nomin̄ de B. al as B. stret meadow, great P. meadow, Poole head ac M. meadow: Ac etiam totā illam parcell' terr̄ ibidem vocat̄ le hill vnder S. Ac totam illam aliam parcellam terrae ibidem adiacent̄ gardino praed' F. B. in longitudine &c. inter domum dicti F. ibidem [Page] nouo edificat̄ & quendā campum ibid' vocat̄ N. & in longitud' inter mess. dict' F. & alt̄ viam ibidē ducent̄ ad &c. Ac etiam totam illam aliam parcellam terr̄ ibid' vocat̄ le R. Ac etiam totā illam acr̄ terr̄ vasti ibid. iacen̄ inter le B. & le C. ac etiam totum illum aque cursum vocat̄ siue cognit̄ per nomen de le C. per vei sup dictam acrā terr̄ vasti modo curren̄ cum omnibus & omnimod' com̄ijs & profic', membris, & commoditat̄, & pertin̄ vniuers. dict' praemissis seu alicui inde parcel' quoquo modo spectan̄ siue pertin̄, aut vt membr̄, partes vel parcel' p̄miss. prius concessor̄ seu alicuius inde parcel' communit̄ ante hac habit̄, cognit̄, vs:tat̄, locat̄ seu dimiss. existen̄. Ac omnes & omnimod' boscos, subboscos, & arbor̄ suas quascunque de, in, & saꝑ p̄mist. super praeconcess. crescen̄ siue existen̄, ac solum & fundum eiusdem bosci, nec non rem̄ & reuersion̄ quascun (que) singulorum praemiss. & cuiuslibet inde parcel', & reddit̄ & alia annuall' profic', quae cum, de, vel suꝑ quib [...]scunq dimissionibus siue concessionibus praemissorum & cuiuslibet inde ꝑcel' quoquomodo reseruat̄ siue habit̄ sint vacua, libera, vel communia in olbus terr̄, seu vastis meis infra maner̄ siue domin̄ meum praed, & in qualibet inde ꝑcel'. Habend & tenend omnia & singula p̄d terr̄, ten̄ta, haereditam̄ta, & caetera oīa & singula praemiss. superius express. & specificat̄ cum omnibus & sing' suis pertinen̄ p̄ fat̄ F. B. & haered de corpore suo legitt̄ procreat̄ & procreand'. Et pro defect' talis exitus remanere inde R. B. filio cuiusdam R. B. de B. in com̄ S. gen̄ & haered' de corpore suo legit̄ procreat̄, & procreand'. Et pro defect' talis exitus, remanere inde haered' cuiusdam I. B. pris p̄d F. B. defunct' & de corpore ipsius I. legit̄ procreat̄ & procreand'. Tenend' de me praef. com̄ A. haered' & assign̄ meis vt de maner̄ meo de S. p̄d' in dict' com̄ S. in lib. socagio & non aliter viz. per fidelitat̄, & sectā cur̄ manerij de S. praed' viz. ad duas cur̄ ibid' super rationabiles monicion̄ vel notitias an [...] tenend' (vocat̄ le great Courts) & redd inde annuatim mihi praefat̄ comiti haered' & assign̄ meis &c. ad festa &c. Et annuat̄ soluend' per equales portiones, ac reddend' inde mihi praef. com̄ haered' & assign̄ meis post mort̄ cuiuslibet tenen̄ de praed terr̄ ten̄t̄ & caeter̄ praemissis vnam harietā viz. optimū animal cuiuslibet tenentis vel xxxiij. s. legalis monetae Angl' pro qualibt̄ harieta de tempore in tempus capiend' seu recipien' ad electionem mei praef. comitis haered' & assign̄ meorum capiend' siue recipiend [...]ac faciend & reddend' mihi p̄f. comiti haered' & assign̄ meis oīa alia onera & seruicia quae pro p̄miss. seu aliqua inde parcel' per hoc p̄sens script̄ prius concess. ante hac tempore guerr̄ fieri consuet̄ fact ꝑ consuetud' maner̄ ꝑ̄d' ꝓ omnibus alijs seruicijs, releuijs, exactionibus, rebus, & demand [Page] quibuscun (que) ꝓinde quoquomodo reddend, soluend', vel faciend'. Et si contingat p̄d' redeit̄ sect' cur̄ vel hariet̄ vel summ̄ p̄d' aut alia onera reseruat̄ in forma praed' aut aliquā inde parcell' aretro fore in pte vel in toto post aliquod festum, aut tempus pred' ad quod solui vel fieri debeat aut debent, quod tunc bene licebit mihi praef. comiti haered' & assign̄ meis, in oīa & singula praed' terr̄, tenement̄, & caetera praemiss. cum pertin̄ & quamlibet inde parcel' intrare & distringere, & districtione, sic ibidem capt̄ & habit̄ asportare, effugare, & penes me retiner̄ quous (que) de eisd' seruitijs reddit̄ oneribus & heriet̄ & summa praed' plenar̄ satisfact' content̄ & persolut̄ fuero seu aliquis nostr̄ persolut̄ fuerit. Ac etiam si contingat praedict' F. B. aut aliquem haered' de corpore suo legit̄ procreat̄, aut aliquē haered' de corpore praedict' I. B. pr̄is legit̄ procreat̄, ad aliquod tempus imposter̄ praed terr̄ tenement̄ & caetera praemiss. aut aliquam inde parcel' alienare discō tinuare vel vendere per aliquam recuperationem ad communem legem, aut aliter, qd' eisdē alienationibus, venditionibus aut recup erationibus non obstan̄ bene liceat & licebit prefat̄ mihi com̄, haered' & assign̄ meis in omnia praed' mesuag', tenement̄ & caetera p̄miss. cum ꝑtin̄ & in quamlibet inde parcell' intrare & distringere pro eisd' vel confmilibus reddit̄ sect' cur̄ hariot̄ summis seruicijs & alijs oneribus praedict' vt supradict' est secundum veram intentionem huius p̄sent̄ script̄ mei inde confect'. Ac si fore eueniat p̄dict' redd' hariet̄ summam sect' cur̄ aut alia seruitia & onera praed' extinguend' aut determinand' fore ratione alicuius recuperationis qd' tunc etiā bene liceat, & licebit mihi p̄f. com̄, haered' & assign̄ meis in omnia praed' terr̄, tenement̄ & caetet̄ praemiss. cum suis pertin̄, & quamlibet inde parcel' intrare & distringere vt supradict' est, pro tantis & consimilibus redd' harietis, summ̄ sect' cur̄ alijs seruit̄ & oneribus superius ꝑ praesentes mihi praef. com̄ & haered' meis reseruat̄ aliquibus alienationibus discontinuat̄ venditionibus ac recuꝑation̄ in contr̄ non obstan̄. Prouiso tamen semper qd' praed' comes, haered' neque assign̄ sui colore praemiss. aut alicuius in eodem specificat̄ habebunt neque percipient nec habere aut ꝑcipere clamabunt seu vendicab. pro praemiss. duos separal. reddit̄ sect' cur̄ seruic' & onera pred' nec colore praemisdistringant aut distringere possint seu valeant in praemiss. neque in aliqua inde parcel', pro eisdem aut pro aliqua inde parcel' contra verā intentionem huius praesent̄ script̄ inde confect'. Et ego vero p̄d cōes & haered mei omnia praedict' terr̄, tenement̄, haeredit̄ & caeter̄ praemiss. cum omnibꝰ & singul' suis pertin̄ praefat̄ F. B. & haered suis pred, Et prodefect' talis exitus praefat̄ R. B. & haered suis praed. Ac pro defect̄ [Page] talis exit̄ praef haered' praed' I. B. contra me p̄fat̄ Com̄ & haered' meos, & contra omnesal' personam & person̄ clam̄ aut habētes aliquod ius, titulū, rect', vel interesse, de, aut in p̄miss. seu in aliqua inde parcel' pro me praef. Com̄, haered' vel assign̄ meis warrantiꝰ & in perpetuū defēdemus ꝑ praesentes: Et vlterius concordat̄ est, & p̄d' F. B. pro se & haered' suis conuenit & concedit, ad, & cum pref. Com̄, haered' & assign̄ suis, qd' si contingat p̄f. F. B. sine haered' aliquo de corpore suo legit̄ procreat̄ obire, aut si contigerit haered' oēs de corpore p̄d' I. legit̄ procreat̄ sine haered' aliquo obire de corporibꝰ eorū, aut de corpore alicuiꝰ eorū legit̄ ꝓcreat̄, qd' tunc & deinceps praed' H. pro defect' talis exit̄ (vt p̄fertur) ac omnes hered dict̄ F. B. collater̄, ac omnes al' ꝑsona & personae, & eorū haered' qui tunc habebunt aliquod statū, ius, titulum, seu interesse quouismodo, de, vel in p̄miss. seu aliqua inde ꝑcel', stabunt & erunt seisiti, de, & in oībus & singulis p̄miss. ad opus & vsum eorundē personae & ꝑsonar̄, ac haered' ac assign̄ suorū quialiquo tēpore postea habebunt aliquē statū vel &c.

¶ A gift in generall taile tripartite, with Remainders ouer.

SCiant &c. quod ego A. B. dedi, concessi, & hac p̄senti charta mea Sect. 255. tripartita indentat̄ confirmaui C. B. filio meo totū illud ten̄tum meum &c. in &c. Habend' & tenend' praed' tenement̄ &c. praefat̄ C. B. & haered' de corpore suo legitime procreat̄, Et pro defectu haered' de corpore dicti C. legit̄ procreat̄, volo qd' praedict̄ ten̄tum cum gardin̄ suisque ꝑtin̄ D. B. filio meo natu minori integre remaneat: Habend' & tenend' illi, & hered' de corpore suo legitime procreat̄, de capitalibus dn̄is feodi, Et pro defectu haered' de corpore ipsius D. legit̄ procreat̄, volo qd' praed' tenementū cum gardino seu horto suisque pertinen̄ integre remaneat haered legitim̄ praed' C. B. in perpetuum. Et ego vero praenominatus A. B. et haered' mei predict' tenement̄ cum gardin̄ et suis pertin̄ praef. C. B. et haered' de corpore suo legitime procreat̄ in forma praemissa contra omnes gentes warrantiz abimus, & in perpetuum defendemus. In cuius rei testimonium duabus partibꝰ huius chartae meae tripartitae indentatae penes praef. C. & D. remanentis sigillū meum apposui: Tertiae vero ꝑti eiusdem charte penes me pref. A. B. remanent̄, praedict̄ C. & D. sigilla sua apposuerunt. His testibus &c.

Eodem modo de Chartis quadripartitis, quinquepartitis, & similibus, dicendum est.

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¶ A gift in the speciall taile.

OMnibus &c. dediste &c. & concessisse, ac tenore presentiū dare Sect. 256. & concedere A. B. totam domū &c. Habend', tenend', & gaudend' dictam domū &c. pref. A. I. & hered' masculis de corpore ipsius A. inter eund [...] A. & Eliz. vxor̄ eius [...]iē A. legit̄ ꝓcreatis & procreandis. Tenend' &c.

¶ An other forme of speciall taile.

PAteat presētibus & futuris, quod ego A. B. dedi & cōcessi, ac per Sect. 257. presetes do & concedo charissim̄ mihi in christo H. D. & A. vxori eius, maner̄ meū &c. Habend' &c. pref. H. D. & A. vxori suae, ac hered' masculis de corporibus eorū inter eos legitime procreatis &c.

¶ The forme of a gift in frankmariage.

SCiant &c. me M. H. de W. dedisse, & concessisse, ac p̄senti charta Sect. 258. mea confirmasse I. A. filio meo & Marg. vxori eius filie vere T. N. in liberū maritagiū vnum mesuag' &c. Habend' &c. praef. I. & M. vxor̄ suae, & haered' de eorū corporibus legitime procreatis, de me, & haered' meis in perpetuum. Et ego p̄nominatus W. H. & hered' mei praed' mesuag' &c. p̄fat̄ I. & M. vxori suae, & haered' de eorundē corporibus legitime ꝓcreat̄, contra omnes gentes warrantizabimꝰ, ac aduersus capital' dominos ceterosque vniuers. acquietabimus & defendemus in perpetuum per praesentes. In cuius &c.

¶ Or thus.

Habend' &c. praef. H. & haered' quos procreabit de corpore M. vxoris suae &c.

¶ Or thus.

Habend' praefat̄ H. & M. vxori eius & haered' de corpore praedict̄ H. legitime procreat̄ &c.

¶ Or thus.

Habend' praefat̄ H. & M. vxori eius, & haered' de corpore suo per praed' H. legitime procreandis &c.

¶ Feoffements to Vses.

SCiant &c. Quod ego I. B. in complementum, & performationem Sect. 259. quarundam conuentionum, concessionū & agreamētorum specificat̄ & declarat̄ in quibusdam Indenturis geren̄ datum die [Page] dat̄ huius praesentis chart̄ indentat̄ fact' inter me praefatum I. B. ex vna parte, & W. P. & G. B. ex alter̄ parte, Concessi, feoffaui, et hoc praesenti scripto meo indentat̄ confirmaui eisdem W. P. & G. B. haeredibus & assign [...] suis, omnia illa mesuag' &c. Habend' & tenend' &c. praef. W. P. & G. B. haered' & assignat̄ suis, ad opus, vsus, intention̄, ac sub conditione in dicta Indentura specificai et declarat̄ secundum formam, effectum & veram intentionem dictae Indenturae de capitalibus dn̄is &c. Et ego vero praedictus I. B. & haered' mei, omnia & singul' dict' mesuag', terr̄ & ten̄ta ac caetera praemissa cum omnibus & singulis suis ꝑtin̄ praef. W. P. & G. B. haered', & assign̄ suis ad opus & vsum p̄d' tam contra me praef. I. B. haeredes & assign̄ meos, quam contr̄ haered' & assign̄ R. B. nuper de N. warrantiz. & imperpetuum defend' per praesentes. In cuius rei testimonium &c.

¶ A Feoffement vntill a certaine summe of money be paide.

SCiant &c. quod ego I. V. in complement̄ vltime voluntatis C. D. Sect. 260. dimisi, tradidi, liberaui, & hac praesenti &c. H. T. I. T. & I. C. quandam parcellam terrae meae arabilis cum pertin̄, continent̄ &c. Quam quidem parcellam terrae inter alias terras & ten̄ta ego praed' I. V. simul cum T. C. &c. iam defuncto nuꝑ coniunctim habuimus nobis, haeredibus & assignatis nr̄is, ad vsum dicti T. C. haeredum & assignat̄ suorum, & ad inde perimplendum vlt̄ volunt̄ ipsius T. ex dimissione, liberatione, & chartae confirmatione I. H. filiae & haered' I. S. Habend & tenend', praedictam peciam terr̄ cum pertinen̄ praef. H. T. I. T. & I. C. haeredibus et assignat̄ suis in perpet̄, de capitalibus dominis &c. ad vsum eorund' H. T. I. T. & I. C. haered' & assign̄ suor̄ donec & quousque idē H. I. et I. haered' et assignati sui de exit̄, redit̄, reuentionibus & proficuis prouenientibus de praed' parcella terr̄ cum ꝑtin̄ fidelit̄ & plenarie content̄ fuerint & satisfact' de summa x. marcar̄ legal' monetae Angl' vltra omnia onera & repris. iuxta voluntat̄ suprad' T. C. disponenda. Et postquam dictae decem marcae sic plenarie persolut̄ fuerint, qd' tunc dicti H. T. I. T. & I. C. haered' et assignat̄ sui sint et existant feoffati de et in praedicta parcella terrae cum pertin̄, ad vsum Aliciae nuper vxoris dicti T. T. durante vita ipsius Aliciae, et post eiusdem Aliciae decessum, ac postquam praedictae decem marcae sic plenarie ꝑsolut̄ suerint vt praefertur, tunc ad vsum W. C. filij praedict' T. C. ac haered' et assignator̄ suor̄ in perpetuum, In cuius &c.

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¶ A Feoffement to the vse of the vendor if he saue his suerties harmeles, and if not, to the vendees vse.

SCiant &c. quod ego E. M. in complement̄ et performation̄ cuiusdam Sect. 261. bargainiae et venditionis per me quibusdam R. B. &c. et E. vxori eius nuper fact', necnon ad instantiam et specialem requisition̄ ipsor̄ R. B. et E. vendidi, dedi, concessi, liberaui, feoffaui, et hac present̄ carta mea indentata confirmaui praefato R. B. et E. vxor̄ eius, I. R. et C. S. totum illud &c. quae ego praedictus E. nuper habui mihi, haered et assigr. at̄ meis, ad solum opus et vsum mei ipsius E. M. haered et assignator̄ meor̄, ex dono, concessione, et cartae confirmatione T. M. et A. N. prout per quandam cartam &c.

Habend' et tenend' praed' &c. praef. R. B. et E. vxori eius, haered' et assignatis suis ad opus et vfum, ac sub condition̄ sequente, videlicet, quod si praed' R. B. et E. vxor eius, haered' vel execut̄ sui exonerauerint aut indemnes conseruauerint, vel exonerari, vel indemnes conferuari fecerint, vel vnus eorum exonerauerit, aut indemnes conseruauerit, vel exonerari aut indemnes conseruari fecer̄ I. R. C. S. et E. B. haered', execut̄, et administrat̄ suos, et eorum quemlibet, erga me p̄ fat̄ E. M. execut̄, et administrat̄ meos, et alios quoscunque, de, et pro separalibus script̄ obligat̄ geren̄ dat̄ die dat̄ huius praesentis cart̄, In quibus praedict' R. B. I. R. C. S. & E. B. coniunctim et diuisim tenentur et obligantur mihi praenominato E. M. pro debito antedicti R. B. ac pro perquisitione praemiss. in quolibet eorundem scriptorum obligatorum in summa xl. marc', indorsat̄ cum conditione pro folution̄ &c. legal' &c. ad festum &c. annuatim soluend', prout per script̄ praedict' manifestius declaratur, ac de, et pro omnibus pecuniarum summis in supradict' seript̄ obligat̄, et eorum quorumlibet specificat̄, qd tunc praedict R. B. et E. vxor eius, I. R. C. S. et E. B. et haered' sui, erunt seisit̄ do, et in dicto mesuagio cum edificijs, gardin̄, et omnibus pertinentijs suis, ad solum opus et vsum p̄dictorum R. B. et E. vxoris eius, et haered' suorum, et tunc praesens carta mea indentata et seisina de, et in praemissis cum suis pertinentijs liberat̄ et capta, firme sint et stabiles ad solum opus et vsum predict' R. B. et E. vxoris eius hered' et assignatorum suor̄ in perpetuum per praesentes &c.

Et si contingat praedict' R. B. et E. vxorem eius, haered', executor̄ et assignatos sues minime exonerare, aut indemnes conseruare, nec exonerari, aut indemnes conseruarifacere praedict' I. R. C. S. et E. B. haered', execut̄ et administratores suos, et eorum quemlibet, erga [Page] me praefat̄ E. M. execut̄ & administratoresmeos, & alios quoscunque, de, & pro praedictis scriptis obligat̄, & eorum quolibet, ac de, et pro omnibus dictis pecunia [...]um summis in eisdem scriptis obligat̄, et pro eorum quolibet specificat̄, quod tunc praedict' R. B. & E. vxor eius, I. R. C. S. & haeredes sui erunt seisit̄, de & in praedict' &c. tantum ad solum opus & vsum taliū vel huiusmodi eorum I. R. C. S. & E. B. haered' & assignat' suorum, qui, vel quorum haered', execut̄, vel administrat̄ pro praedict' script̄ obligat̄, aut eorum aliquo vexari, molestari, aut indemnes non conseruari contingent.

Et ego praedictus E. M. et haeredes mei praedict' &c. praefat̄ R. B. et E. vxorem eius, I. R. C. S. et E. B. hered' & assignatos suos, ad vsum predictum contra me & haeredes meos warrantizabimus & in perpetuum defendemus per praesentes. In cuius rei testimonium vtrique parti harum cartarū indent̄ ego praedictus E. M. sigillum meum apposui. Dat̄ &c.

¶ A Scedule expressing the vses of a Feoffement.

THis Indenture made &c. Betweene I. H. and G. H. on the one Sect. 262. partie, and T. N. I. C. and E. G. on the other partie, Witnesseth, that whereas the said I. H. and G. H. by their deede of feoffement indented vnto this present Scedule indented, annexed, haue infeoffed the said T. N. I. C. and E. G. of, and in the manor of &c. that the intent of the said deed, and the liuery & seisin made vpon the same is, that the said T. N. I. C. and E. G. & euery of them, & their heires, and the suruiuor of them & his heires shall stand and be seised of, and in the said manor &c. mencioned in the said deede of feoffement to the vse of them, and of their heires, to the intents and vpon the condition hereafter in this scedule expressed: That is to say, that the said T. N. I. C. and E. G. and the suruiuor of them and his heires, shall at all times hereafter from time to time during the life of the said I. H. within fower moneths after request to them, or any of them made by the said I. H. his executors or assignes, shall make all such leases and deuises, assurances, feoffements, estates, and conueyances, giftes, and grants, of annuities for terme of life, or liues, or for terme of yeres, and at will, and in fee simple, or in taile with remainder, of, in, or out of all the said lands, tenements, and other the said premisses, and euery parcell thereof, to such person or persons as the said I. H. shall at any time during his life nominate and appoint the same assurance, feoffements, estates, conueyances, deuises, [Page] leases and grants thereof to be made at the costes and charges of the said I. H. And also vpon condition that the said T. N. I. C. and E. G. and the suruiuor of them, and his heires shall further make such assurances, conueyances, feoffements, estates, giftes in taile with remainders ouer, or any other estates, conueyances, or assurances in law, of, or in the said manors, landes and tenements, and of euery part thereof, to such person and persons, and their heires, or to the heires of their bodies lawfully begotten for terme of life, or liues, or otherwise to whom the said I. H. also by his last will & Testament in writing shall nominate, assigne, & appoint the same estates, assurances, or conueyances to be made according to the true meaning of the said last will & testament of the said I. H. And the said T. N. I. C. and E. G. couenanten &. that they the said T. N. I. C. and E. G. at the costes and charges of the said I. H. his heires, executors and assignes, or at the costes & charges of such persons to whom the same estate of the premisses shall be by the same I. H. appointed to be made, shall execute & make all such estates, conueyances, & assurances, of, and in the premisses, or any part thereof to the same & such persons to whom the said estates shal be so assigned & appointed by the said I. H. by his last will & testament, or otherwise. And if the said T. N. I. C. & E. G. shall refuse to execute and make such estates & assurances, of, and in the premisses to such persons to whom the said I. H. shall assigne & appoint the said estates to be made, of, and in the said manor, lands, tenements, and euery part thereof, in maner and forme aforesaid: Then the said T. N. I. C. and E. G. couenant &c. that they the said T. N. I. C. and E. G. shall after such refusall stand, and be seised of, and in the said manors &c. to the vse of such persons, and their heires, and the heires of their bodies lawfully begotten, for terme of life, or liues, or yeares, in taile, or in fee, according to the estates to whom the said I. H. in his life time, or otherwise, shall by his last will giue, appoint, or assigne the said manor, lands, &c. befor mencioned and rehearsed in these presents. In witnesse whereof &c. Giuen the day and yeare first aboue written.

¶ A Scedule limitting Vses.

THe vse and intents of the deede of Feoffement indented tripartite Sect. 263. hereunto annexed, and the estates thereupon executed of me the said G. S. named in the said deede is, that the said gift & graunt mencioned in the said deede, and the estate thereupon executed, of, and [Page] in the capitall mesuages in S. mencioned in the said deede called the hall of S. with the appurtenances, and of and in the mill of S. called Stanford mill, and one meadow called mill meadow, one pasture called A. and all other lands and tenements in S. aforesaid, now in the tenure, occupation, or manurance of me the said G. S. except one pasture called W. hill, shall be and be, And the said A. C. I. D. I. G. B. G. and their heires, shall stand and thereof be seised to the vse of me the said G. S. for terme of my life, and after my death, to the vse of G. I. now wife of me the said G. for terme of her life, and after her death to the vse of the heires of the bodie of me the said G. lawfully begotten, and for default of such issue &c. with remainder ouer. Prouided alwaies, that if it happen the said I. after the death of me the said G. S. to marrie againe, that then and from thenceforth the said feoffement, gift, graunt, and estate of the capitall mesuage, mill, landes, and tenements in G. aforesaid, in the tenure of me the said G. S. (except before excepted) shall bee and the said A. and the said cofeoffees and their heires shall stand and be thereof seised to the vse of the heires of the bodie of me the said G. S. lawfully begotten, and for default of such issue, to the vse of the said R. S. and his heires males of his bodie lawfully begotten, and for default &c. And that the said feoffement, estate, gift, and grant, of, and in the rest & residue of all the said mesuages, milles, landes, tenements, and other hereditaments whatsoeuer they be in S. and A. mencioned in the said deede indented tripartite, whereof no vse before in this present scedule is declared, shall be, & the said A. and the said cofeoffees shall stand and be seised thereof to the vse of me the said G. S. and of the heires of the bodie of me the said G. lawfully begotten, and for default of such issue, to the vse of the said R. S. and of his heires males lawfully begotten, and for default &c. Prouided alwaies, that if the said I. now wife of me the said G. at any time after the death of me the said G. fortune to marrie againe, that then and from thenceforth the said feoffement, gift, graunt, and estate, of, and in the said residue of the said lands, tenements, & other the premisses with the appurtenances in S. and A. shall be to the vse of the said I. for terme of her life, and after her decease to the vse of the heires of the bodie of me the said G. lawfully begotten, and for default of such issue, to the vse of R. S. &c.

[Page]

¶ Vses.

¶ A couenant limitting the vses to the Mortgageor, paying certaine money and charges of assurances vntill he practise to alien or incumber the landes, and then to the Morgagee.

PProuided alwaies, and it is neuerthelesse couenanted, concluded, Sect. 264. condiscended, and agreed, by and betwixt the said parties to these presents. And the said I. B. &c. doth couenant and graunt &c. That if the said R. G. or his heires at any time within the space of tenne yeares next insuing the date hereof, do pay or cause to be paied vnto the said I. B. his heires, executors, or assignes, at one whole and intire payment, aswell the said summe of thirtie poundes by him already disbursed, as aforesaid, for the said purchase of the reuersion of the premisses, in maner and forme aforesaid, as also all and euery other such summe and summes of money as the said I. hath alreadie disbursed and paied, or shall hereafter be charged with, touching and concerning any writing, assurance, or conueyance, of, or concerning the said tenements and premisses, or any part thereof, made, or to be had and made, within tenne dayes after that, a reasonable bill thereof shall be shewed and deliuered to the said R. G. or his heires by the said I. his heires, executors, or assignes: That then and from thenceforth immediatly after all the summes aforesaid satisfied and paied to the said I. his heires, executors, and assignes, in maner and forme aforesaid, the said I. B. his heires and assignes of the said reuersion of the said tenements and premisses with the appurtenances shall stand and be seised during the life of the said I. A. and W. and of the longest liuer of them. And after their deceases, of all the said premisses in demeane and possession to the vse of the said R. G. and his heires, vntill such time as the said R. G. or hys said heires shall aduisedly, determinately, and considerately goe about to morgage, alien, bargaine, sell, or otherwise to do, or put away the said tenements and premisses, or any parcell thereof in possession or reuersion, without the speciall consent and agreement in writing of the said I. B. or his heires in that behalfe first had and obtained: Or shall as is aboue mencioned, go about to charge, trouble, or in any wise incumber the said tenements and premisses, or any parcel thereof, without the like consent and licence. And shall [Page] for the conueyance or assurance of any such morgage, bargaine, sale, charge or incumbrance, goe about to doe, practise or put in vre, or willingly suffer to be gone about, had, done, practised, or put in vre any open or secret effectuall act, matter or thing for any such conueyance, assurance, charge or incumbrance to be had or made. And from and immediately after any such matter, act or thing so as aforesaide had, done, practised, or put in vre, or suffer to be had, practised or put in vre by the said R. G. or his heires whereby the saide R. or his saide heires shall goe about to grant, alien, morgage, bargaine, sell, charge or incumber the said premisses or any part thereof: Then and from thenceforth aswell this present assurance and conueyance, as also the said fine and all other assurance and conueyance made and to be made of the premisses and euery part and parcell thereof shall bee &c. And the said R. G. and his said heires, and all and euery other person and persons, hauing or lawfully claiming any estate, right or title, in or to the said premisses or any part thereof, by, from or vnder the sayde R. or his saide heires, shall stand and be seised of the saide premisses and euery parcell thereof, to the vse of the saide I. B. his heires and assignes according to the purport, effect and true intent and meaning of these present Indentures absolutely without any further morgage or condition.

¶ An Indenture tripartite of lands and tenements to vses.

THis Indenture tripartite made &c. betweene T. T. on the first Sect. 265. partie, A. B. C. D. & E. F. on the second party, & F. G. H. I. and L. M. ou the third party, Witnesseth, that the said T. T. for the speciall trust and confidence that hee hath in the saide A. B. C. D. E. F. F. G. H. I. and L. M. &c. and for diuers other good and reasonable causes, and considerations mouing him, hath giuen &c. vnto the saide A. B. C. D. E. F. G. H. &c. all those his lands, tenements, &c. To haue and to holde &c. to the onely vses and proper behoofes of the saide A. B. C. D. E. F. &c. during the naturall life of the said T. T. and for and during the terme of twelue yeares next and immediatly following, after the naturall life of the saide T. T. and after the death of the saide T. T. and after the said terme of yeares ended and determined, then to haue and to holde the saide landes and tenements, and other the premisses to the said A. B. C. D. &c. their heires and assignes, to the vse of them and their heires, And vppon condition that the said G. H. I. and L. &c. and their heires or the suruiuor or suruiuors [Page] of them and his and their heires, shall before the naturall death of the said T. T. or within seuen yeares next after the naturall death of the said T. T. alien, bargaine and sell the premisses with the appurtenances, or so much thereof as by the saide T. T. at any time during the naturall life of the said T. T. shall be limited or appointed by him by writing or otherwise, and after the bargaine, sale, or alienation so had and made, the desire of the said T. T. is, that the said A. B. C. D. &c. for the speciall trust and confidence that the said T. T. doth put in them, shall within sixe moneths next after the saide bargaine and sale or alienation, purchase or cause to bee purchased other landes, tenements & hereditaments of as much cleere yerely value, as the premisses that shall be so bargained or solde by them or any of them shall amount vnto: & that the suruiuor or suruiuors of them shall within the said sixe moneths cause the said lands so purchased to bee by good assurance & conueyance in the law assured and made sure to the heires of the said T. T. in fee simple discharged of all charges & incumbrances by them or by any of them to be had, made, done or suffred. Prouided alwaies that for default of such bargaine, sale or alienation of the premisses by these presents giuen or granted, bargained or sold, from & after the naturall death of the said T. T. and from & after the ende and terme of xii. yeares next after the death of the said T. T. the saide A. B. C. D. &c. and all and euery other person & persons that shall bee seised of or in the premisses, shall stand & be seised thereof to the onely vse and behoofe of the right heires of the said T. T. of and in so much of the premisses by these presents giuen and graunted, and of euery part thereof, wherof no bargaine, sale or alienation shall be hereafter by the said A. B. C. D. &c. so made, as is aforesaide, and that also then and from thenceforth it shall be lawfull for the right heirs of the said T. T. to reenter into so much of the premisses, whereof no bargaine, sale, or alienation shall bee hereafter by the saide A. B. C. D. &c. so made as is aforesaide, and the same to haue againe &c. And the saide G. H. I. and L. doe couenaunt &c. that they and euery of them, their heires and assignes and euery of them shall permit and suffer the saide A. B. C. D. &c. and euery of them and their assignes quietly to receiue and take the issues and profites of all and singuler the saide premisses with the appurtenances during the naturall life of the said T. T. and during the said terme of twelue yeares without interruption or disturbance of the said G. H. I. and L. or any of them, or any other person or persons by the meanes or procurement of any of them to bee imployed or bestowed to such vses and intents as the said T. T. [Page] hath and shall assigne, limit, and appoint. And the said G. H. I. & K. for them, their heires and assignes &c. do couenant and graunt, to and with the said T. T. and to and with the said A. B. and C. and to and with the said D. E. and F. and euery of them, that if it shall fortune the said A. B. and C. to decease during the natural life of the said T. T. that then the said E. F. G. H. I. and K. and their heires and assignes, shall peaceably permit and suffer the said D. E. and F. & euery of them, and their assignes to haue, take, and receiue all and singuler the issues, rents, reuenues, & profits of all and singuler the premisses, and euery part & parcel therof, for and during &c. without any let &c. vt supra. And the said T T. for him &c. that the said A. B. &c. & their heires, and all and euery other person or persons now being seised, of, and in the premisses by these presents bargained and sold, or of, or in any part or parcell thereof, shall from henceforth stand, remaine, and be seised therof, and of euery part therof to the vses, intents, behoofes and conditions in these presents before expressed, mencioned, or declared. In witnesse &c.

¶ Conueiance to Vses.

THis Indenture made &c. Betweene R. S. on the one party, and Sect. 266. T. R. R. R. and T. V. on the other party, Witnesseth, that the said R. S. aswel for the natural loue, zeale, and affection that he beareth vnto E. S. his sonne and heire apparant, and other the issues male of his bodie lawfully to be begotten and their issues male and others of the blood and name of S. and for that he is verie desirous and fully minded, resolued, and determined, that all and singuler his manors, landes, tenements, tithes, rents, reuersions, seruices, & hereditaments, with the appurtenances in these presents expressed, mencioned, and contained, should and might for euer hereafter (if it shall so please almightie God) come, discend, continue, remaine, and be vnto the said E. S. and vnto such issues male, as shall be begotten of his bodie and their issues male, and vnto such other persons, and such of the blood and name of S. as hereafter in these present Indentures are named, intended, or meant, according to the true intent & meaning of these presents, and vnder the conditions, couenants, & agreements, limitations, prouisions, contingencies, and true meaning of these presents, and in maner and forme hereafter in these presents expressed, limitted, & declared, and in such maner and forme, & so long only as in, & by these presents is limitted, intēded, implied, or meant. And so that none estate, title, vse, or interest hereafter in these presēts [Page] limitted or appointed, should in any wise be altered, discontinued, forfaited, preiudiced, barred, or disappointed, contrarie to the true meaning hereof. The said R. S. doth couenant &c. to make a sufficient feoffement to the said T. R. R. R. and T. V. of all and singuler those his manors, Lordships, or Townes of &c. To haue and to hold all the said Manors, Lordships, Townes &c. to the said T. R. R. R. and T. V. their heires and assignes for euer, in maner and forme, and to the vses, intents, and purposes hereafter in these presents limitted, appointed, intended, and meant, and vnder and according to the conditions, couenants, contingencies, prouisions, limitations, true intent and meaning in these presents expressed, and to or for no other vse, intent, or purpose: that is to say, to the only vse and behoofe of the said R. S. for, and during his naturall life, without impeachment of any maner of wast: And after his decease to the only vse and behoofe of the said E. S. and of the heires males of his bodie lawfully begotten. And for default of such issue male of the bodie of the said E. S. lawfully begotten, then to the only vse and behoofe of the second issue male of the bodie of the said R. S. lawfully begotten, and to be begotten. And if it happen the said second issue male of the body of the said R. S. lawfully begotten, or to be begotten, to die without issue male of his bodie lawfully begotten, then to the only proper vse and behoofe of the third issue male of the body of the said R. S. lawfully begotten, and to be begotten, and of the heires males of his body lawfully begotten, and to be begotten, and so from issue male to issu male of the said E. S. lawfully begotten, so long as there shall be any such issue male of the bodie of the said R. S. lawfully begotten, aliue: And for default of such issue male of the body of the said R. S. lawfully begotten, and to be begotten, then to the vse of A. S. & of the heires males of his body lawfully begotten, & to be begotten: And for default of such issue male of the bodie of the said A. lawfully begotten, & to be begotten, then to thonly vse of H. S. & of the heires males of his bodie lawfully begotten, & to be begotten: And for default of such issue male of the body of the said H. lawfully begotten, & to be begotten, then to the vse of the next heires male of R. S. grandfather of the said R. S. & to the heires males of his body lawfully begotten: And for default of such issue male, to the only vse & behoof of the right heirs of the said E. for euer. Prouided alwaies, & vpon condition, & it is the true intent & meaning of these present Indētures, & all the parties to the same, that if any issu male of the body of the said R. S. lawfully begotten, or to be begotten, or any other issue male, or [Page] other person or persons, named, intended, implyed or meant to haue or take any estate of inheritance, by reason of the saide feoffement so to be made, and of these present Indentures or of either of them, or of any limitation of any terme, estate, vse or other thing in them or eyther of them contained, at any time hereafter shall earnestly or willingly imagine, determine, purpose, consent, conclude, intend, practise or goe about to giue, sell, alien, forfait, barre, alter, discontinue, lease or doe away the said manors, mesuages, landes tenements and hereditaments, and other the premisses with the appurtenances, or any part or parcell thereof, or his or their estate, title, vse, remainder or interest, of, or in the same manors, mesuages, landes, tenements and hereditaments & premisses with the appurtenances, or any part or parcell thereof, to any person or persons, by any way or meanes, otherwise then for any estate or estates for terme or termes, according to the couenants, conditions, prouisions and true intent and meaning in these presents expressed, contained or intended: That then & thenceforth the estate, vse, interest and possibility of euery such person and persons, so earnestly and willingly imagining, determining, purposing, intending, concluding, practising, deuising, or going about to giue, sell, alien, forfait, alter, discontinue, barre, lease, or doe away the saide manors, mesuages, landes, tenements, hereditaments, and premisses with thappurtenances or any part thereof, contrary to the limitations, conditions, true intent & meaning of these present Indentures, of, in, and for such and so much onely of the said manors, mesuages, landes, tenements, hereditaments and premisses with the appurtenances, as hee or they shall fortune so, as is aforesaide, earnestly and willingly to imagine, purpose, conclude, intende, consent, practise, deuise, or goe about to giue, grant, sell, alien, forfait, alter, discontinue, barre, lease, or doe away contrary to the true intent and meaning of these presents, shall cease, determine and become vtterly voide, so earnestly or willingly imagining &c. to all intents & purposes, as if such person and persons had neuer bin named, intended, implyed or meant in these presents, and as if none vse, estate, interest, or possibility, of and in the said manors, mesuages, landes, tenements, hereditaments, and premisses with the appurtenances, or of any part thereof, had euer beene limitted, implyed or meant vnto such person or persons. And that then also and thenceforth the saide T. R. R. R. and T. V. and their heires, and the heires of the suruiuor of them shall thencefoorth stand and be seised of such and so much of the said manors, mesuages, landes, tenements and premisses, wherein the saide estate and vse [Page] of such person or persons so, as is aforesaide, shall happen to cease and be determined to the vse of such person or persons to whom the vse of the same aboue in these presents is limitted, intended, implied, or meant to bee next in remainder, if such person or persons should haue died without issue of his or their bodies lawfully begottē, the remainder thereof in forme aforesaid, to such other person or persons belonging, according to the conditions, prouisions, limitations of vse, intent, and true meaning in these present Indentures expressed and specified: any couenant, limitation of vse, or other matter or thing to the contrary hereof notwithstanding. Prouided also and vpon condition, and it is the true [...]atent and meaning of these present Indentures, and of all the parties to the same, That it shall and may bee lawfull to and for the said R. S. during his naturall life, to make or cause to be made any lease or leases of the saide manors, mesuages, landes, tenements and premisses, or any part thereof to any person or persons, for any terme or termes, estate or estates, not exceeding the terme of one hundred yeares from the day of the making thereof, reseruing vpon euery such lease or leases the olde accustomed yearely rent or more, to bee due and payable during the continuance thereof by vertue of such lease or leases. And that the saide T. R. R. R. and T. V. and their heires, and the heires of the suruiuor of euery of them, shall stand and bee seised of, and in such and so much of the saide manors, mesuages, landes, tenements and premisses, as so by the saide R. S. shall happen to be leased, to the vse of such person & persons, to whom any such estate for the terme of yeares shall be so made or graunted by the saide R. during the continuance of the same lease or leases, and after the end, determination or expiration of such lease or leases, to such vse and vses, as in & by these presents is limitted, intended or meant. And that it shall and may be lawfull to and for the saide R. S. and euery other person and persons, that the saide R. S. shall thereunto name or appoint, during the naturall life of the saide R. S. to fell, cut downe, take and carry away, and to bargaine, sell, giue and graunt all or any woods, vnder woods springs or trees, growing, or which during the naturall life of the said R. S. shall growe vpon the saide premisses or in or vpon any part thereof with the appurtenances to any person or persons. And that it shall be lawfull for euery such person & persons to whom any of the said woods, vnder woods, trees or springs shall happen to be leased, giuen, aliened, bargained or solde, to fell, cut downe, take and carry away the same and euery part thereof, according to the effect and true meaning of euery such lease, contract and [Page] bargaine therof to be made: any thing in these presents contained to the contrarie thereof in any wise notwithstanding. Prouided also and vpon condition, and it is the true intent & meaning of these present Indentures, and of all the parties to the same, that it shall & may be lawfull, to, and for any and euery such issue of the bodie of the said R. S. lawfully begotten, & to be begotten, and to, and for euery other issue male, or other persō & persons, named, intended, implied or ment to haue or take any estate of inheritance, in possession, reuersion, remainder, or in vse, by reason of the said feoffement so to be made, & of these presents, or of either of them, or of any limitation of any estate, prouiso, condition, vse, or other thing in them, or either of them being thereof seised accordingly, to make or cause to be made any lease or leases, estate or estates, of the said manors, mesuages, lands, tenemēts and premisses, or of any part thereof to any person or persons for any terme or termes not exceeding xxi. yeres, from the day of the making thereof: So alwaies, that vpon euery such lease, terme, or estate so to be made, the old accustomed yerely rent or more be reserued & paiable yearely to the owner or owners of thinheritance thereof, during the continuance of such lease or leases, terme or termes, estate or estates, without fraud or collusion. And that if any such lease or leases as is aforesaid, shal so happen to be made or granted: that then the said T. R. R. R. and T. V. and the suruiuors & suruiuor of them & his heires, shall stand and be seised of, and in such & so much of the said manors, mesuages, lands, tenemēts, & premisses as shal so happen to be leased, to the only vse and vses of euery such person or persons, to whom any such lease or leases, terme or termes, estate or estates, shall happen to be made during the continuance therof, according to the true intent and meaning of these presents, and of such lease and leases, and after thend and expiration or determination of euery such lease and leases, to such vse & vses, as in these presents is limitted, intended, implied, or meant. Pouided also and vpon condition, & it is the true intent and meaning of these present Indentures, & of all the said parties to the same: That it shall & may be lawful for the said R. S. during his naturall life, to nominate, appoint, & giue authoritie to any person or persons to receiue the rents, issues, fines, incomes, cōmodities, & profits of al the said manors, mesuages, lands, tenements, hereditaments and premisses, with thappurtenances, and of euery or any of them to thuse of the said R. without rendring any accompt therof or therfore to any person or persons but onely to the said R. S. Prouided also & vpon condition, & it is the true intent and meaning of these present [Page] Indentures, & of all the said parties to the same, that it shal & may be lawful to any issue male of the body of the said R. S. lawfully begotten, & to be begotten, and to euery other issue male or other person or persons, named, intended, implied, or ment to haue or take any estate of inheritance by reason of the said feoffemēt so to be made, & of these present Indentures, or either of them, which hereafter shal haue married any woman, to make any estate of any part of the said mannors, mesuages, landes, tenements, hereditaments, & premisses with thappurtenances for the terme of the life of such wife or wiues for her or their iointure or dower, reseruing no rent or other thing for so much of the said manors &c. & premisses wherupon any such estate or estats shal happen so to be made. And that the said T. R. R. R. and T. V. & their heirs, & the suruiuor of them & their heires, shal stand & be seised of, and in such & so much of the said manors, mesuages, &c. & the premisses with thappurtenāces, wherupon any such estate or estates shal happen to be made in forme aforesaid, according to the true meaning of these presents, & of such estate so to be made to thuse of such wife or wiues for the terme of her & their liues. Prouided also & vpon further condition, & it is the true intent & mening of these present indentures, & of all the said parties to the same, & of y^• said feoffement so to be made, that if the said T. R. R. R. & T. V. or some one of them, or the suruiuor of them, or his heires, or the said E. S. or his heirs males, or some other person which shal inherit the said manor &c. or any of thē, according to the limitation, true intent & meaning in these presents declared, do not wel & truely pay or cause to be paid 1000. li. of &c. in the South porch of the parish church of R. in the said county of Y. to thuse of y^• said R. S. at & in such feast day, as y^• said R. S. by his writing sealed shal name or appoint, & to such person or persons as y^• said R. S. by his said writing sealed shall name or appoint to receiue the same M. l. of &c. That then & thenceforth these present Indentures & the said feoffement so to be made, to be vtterly void & of none effect in the law. And that then also & thenceforth it shal & may be lawful to, & for the said R. S. into all the said manors, mesuages, &c. & premisses with thappurtenāces to reenter & the same to haue again & repossesse as in his former estate. And that thē & thēceforth y^• said T. R R. R. & T. V. & euery of them, & the suruiuors & suruiuor of them & his heirs shal stand and be seised of, & in al the said manors &c. with thappurtenances, to thonly vse & behoofe of the said R. S. his heirs & assignes, for euer, and to, & for none other vse, intent or purpose: any thing to the contrarie thereof in any wise notwithstanding, In witnesse, &c.

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¶ An assurāce to be made to a man for terme of his life, and after his decease to thuse of his children, & to be assured for paiment of his debts.

THis Indēture &c. Between W. B. I. B. & T. V. on thone party, Sect. 267. & T. S. on thother partie, Witnesseth, that the said T. S. hath couenanted &c. that he the said T. S. before the Natiuitie of S. Io. Bapt. next insuing the date hereof, shall aswell in consideration that all such manors &c. appointed for the Iointure of Lady E. now wife of the said T. S. shalbe acquited and discharged of all rents & other charges resolute, going out of the same lands, &c. and for and in cōsideration of payment of the debts of the said T. S. or of the mariage of the daughter of the said T. S. shal make or cause to be made to the said W. B. I. B. and T. V. or to such other person or persons, as they or any two of thē shall for that purpose name or appoint, a good, sure, sufficiēt, & lawful estate or estates in the law in fee simple, of, & in the Rectorie & Parsonage of D. & the manors of A. and B. &c. To haue & to hold all & singuler the aforesaid parsonages, rectories, manors, lands, &c. to the said W. B. I. B. & T. V. & their heires, or to such other person or persons, as they or the suruiuor or suruiuors of thē or their heirs shal name & appoint, and to their heirs to thuse of the said W. B. I. B. & T. V. for terme of two yeres next ensuing &c. to thintent that they with the rents, issues & profits of the same, shal and wil wel & truely content & pay, during the said terme all such rents, fees, & annuities to all & euery such person & persons as be expressed & mē tioned in certaine scedules indented to these present Indentures annexed. And it is further couenanted &c. that if any money shall happen to remaine vnpaied in the hands of the said W. B. I. B. & T. V. their heires &c. after the said yerely rents & annuities contented and paid, or of any other person or persons named in any of the said scedules to whō any fee, annuall rent or annuity ought to be paid & fortune to die, so that the rent, fee & annuitie before paiable vnto him so dying be extinguished, or if any of the said annuities, rēts or fees be otherwise discharged or determined: that then the said W. B. I. B. & T. V. their heires &c. shall frōtune to time during the said terme of ii. yeres wel & truly content & bestow the same money so remaining and growing by such discharge, toward the paiment of such debts as are cōtained & expressed in one other scedule indēted hereunto annexed, & the said annuities & debts discharged, shal wel & truly perceiue & take the money so remaining vnpaid & growing, in & vpon the premiss: towards the mariages of M. A. & M. daughters of the said T. S. vntill such time as they haue [...], [...] & take of the said rēts, issues & [Page] profits 900. pounds of good &c. Prouided alwaies, & it is further couenanted &c. that after the said annuities, fees, debts, and mariage money discharged & paid, the said W. B. I. B. & T. W. & their heirs, & al and euery other person &c. that shalbe seised, of, & in the premisses or any part thereof, shall stand & be seised, of, and in all, & singuler the premisses with their appurtenances to thuse & behoofe of the said T. S. during his life without impeachment of any wast. And that after the decease of y^• said T. S. they shal stand & be seised of as much therof as shal amount to the yerely value of xx. l. of &c. to the vse of W. S. one of the yonger sonnes of the said T. S. for the terme of the life of the said W. S. & of, & in so much therof as shal amount to other xx. l. of &c. to thuse of H. S. one other of the yonger sonnes of the said T. S. for terme of life of the said H. & of the residue thereof immediatly after the death of the said T. S. & of, & in the premisses appointed to thuse of the said W. S. & H. S. to thuse of H. S. sonne & heire apparant to the said T. S. & of the heires of his body lawfully begotten, & for default of such issue, to thuse of the said W. S. second sonne of the said S. & to the heires of his body lawfully begotten, & for default of such issue of the body of the said W. S. to thuse of the said H. S. & to the heires of his body lawfully begotten, & for default of such issue to the vse of the right heirs of the said H. S. & their heirs for euer &c. vt supra. Prouided alwaies, and vpon condition following, & it is fully couenanted, granted, condiscended, cōcluded, & agreed, by & betweene the said parties to these present Indentures, & it is the true intent & meaning therof, that it shalbe lawful, to, and for the aforesaid A. B. at any time, & euery time & times, & from time to time from henceforth during his life, by his deed or writing by him sealed before two sufficient witnesses or moe, to alter, determin, diminish, or inlarge any or all the vse, vses, estate, estates, limitations or intēts, cōprised in these Indentures, and also at his will & pleasure by his deed or writing by him sealed before two sufficient witnesses or moe, as aforesaid, to limit & appoint the vse or vses of thaforesaid mesuages & premisses, or of any part of the same to thaforesaid persons or any of thē, or to any other person or persons in fee simple, fee taile, for terme of life, or of yeres, or otherwise, & that they the said feoffees & the suruiuors & suruiuor of them and his heires shall stand and be seised of the said tenements, & premisses with thappurtenances, to such and the same vses, that in his said writing to be sealed by him before two sufficient witnesses or moe, shall be limitted or appointed, & to none other vse or vses, intēt or purpose; any matter or thing before in these Indentures [Page] mentioned, to the contrarie thereof notwithstanding. In witnesse &c.

¶ A Couenant that Cestyque vse for yeares shall dispose the profits for the education of the feoffors children.

ANd it is agreed betweene the said parties, & the said G. T. &c. do Sect. 268. couenant &c. to & with the said H. B. his heires &c. to bestow the issues, rents, reuenues, and profits of the premisses, that they, or anie of them shall receiue, and shall be entitled to haue, take, or receiue, in, or during the said terme of &c. in maner and forme following: That is to say, to pay, or cause to be paied yerely after the decease of y^• said H. B. to euery of the iiii. daughters of the said H. B. named A. E. K. and E. or to the vse of euery of them, to, & for their finding & bringing vp, v. li. of &c. vntill their seuerall ages of xxi. yeares, or their seuerall daies of mariage, so that, as soone as any of them, shall attaine to her seuerall age of xxi. yeares, or to her day of mariage, that the payment to her, or so many of them as shall so come to full age, or be maried, to cease. And yearely after the decease of the said H. B. vnto euery of the said three sonnes of the said H. B. named I. N. and H. or to the vse of euery of them, to, and for their seuerall finding and education xv. li. of lawfull money of England vntill thend and determination of the residue of the said terme of xxiii. yeares, that shall be to come at the time of the death of the said H. B. And if any of the said I. N. and H. fortune to die within the saide terme. That his or their part or parts of the said yerely paiments so deceasing, to be paid on, vnto his or their next heire. And the ouerplus of the said issues and profits that shall remaine ouer & aboue the said paiments had and made, the costs and charges of the leuying and receiuing thereof, as well in Bailifs fees, as otherwise deducted, The same to be paid to the said 3. sonnes, or to the suruiuor or suruiuors of them, at the ende of the said eighteene yeares &c.

¶ A Couenant for to barre or extinguish Remainders.

ANd further the said G. T. & T. W. for them &c. That the saide Sect. 269. G. T. and T. W. or either of them their heirs, executors nor administrators, nor the heires, executors, nor administrators of either of them shall at any time hereafter accept, receiue, take or claime any release, acquitance, writing, benefit, aduantage, or discharge of any couenant, grant, article, or agreement cōtained in these presents, which shal bar, hinder, extinguish, or determin any agreement, intent [Page] or meaning, contained, meant, or implyed, in, or by these presents of any of the said A. D. H. R. seuerally, or iointly with others, vnlesse it be with the full assent, consent, and agreement of all the said executors, or of as many of them as shall be then liuing.

¶ A Couenant that Feoffees in vse shall not doe any act to frustrate vses.

ANd further the said M. P. &c. that they the said M. P. & T. W. Sect. 270. nor either of them, nor the heires, executors, administrators of them or either of them, shal not at any time hereafter accept, receiue, take, nor claime any release, acquitance, benefit, aduantage, or discharge of any couenant, graunt, article, and agreement, contained in these presents, or which shal barre, hinder, or extinguish or determine any agreement, intent, or meaning contained, ment, or implyed, by these presents, to, and with each of the said H. and R. whiles they both be liuing.

¶ A feoffement to Vses alterable by the feoffor &c.

THis Indenture made &c. witnesseth that the said A. B. for &c. hath Sect. 271. giuen, granted &c. to the said C. D. and E. F. all those mesuages, tenements &c. To haue and to hold the said mesuages or tenements, and all and singular the premisses with the appurtenances vnto the said C. D. and E. F. their heires and assignes for euer, to such vses, intents, and purposes, as hereafter in these presents are expressed, limitted, and declared, and to, and for none other vse, intent or purpose: that is to say, to thuse of the said A. B. for, and during the terme of threescore yeres, next insuing the date hereof fully to be complet and ended, if the said A. B. doe so long liue. And after that to the vse of I. now wife of the said A. B. for the terme of threescore yeares, from thence next following fully to be complet and ended, if the saide I. do so long liue. And after that to thuse of L. M. of N. in the countie of N. gentleman, and N. D. of P. in the countie of S. gentleman, their heires and assignes for euer. Prouided alwaies and vpon condition following, and it is fully couenanted, graunted, condiscended, concluded, and agreed, by and between the said parties to these present Indentures, and it is the true intent and meaning thereof, that it shall be lawfull, to, and for the aforesaid A. B. at any time, and euery time and times, and from time to time from henceforth during his life, [Page] by his deede or writing by him sealed before two sufficient witnesses or more, to alter, determine, dermnish, or inlarge any or all the vse, vses, estate, estates, limitations or intents, comprised in these Indentures, and also at his will & pleasure by his deede or writing by him sealed before two sufficient witnesses or moe, as aforesaid, to limit, & appoint the vse or vses of the aforesaid mesuages and premisses, or of any part of the same to the aforesaid persons, or any of them, or to any other person or persons, in fee simple, fee taile, for terme of life, or of yeres, or otherwise: And that they the said feoffees, & the suruiuor of them and his heires shall stand and be seised of the said tenements and premisses with thappurtenances to such and the same vses, that in his said writing to be sealed by him before two sufficient witnesses, or moe, shall be limitted or appointed, and to none other vse or vses, intent, or purpose: any matter or thing before in these Indentures mentioned to the contrarie thereof notwithstanding. In witnesse whereof &c.

¶ A deede to alter thuses in the former Indenture, and to creat new.

TO all Christian people &c. A. B. of C. &c. sendeth greeting in our Sect. 272. Lord God euerlasting. Whereas the said A. B. by his Indenture made betweene him the said A. B. one thone partie, & C. D. of &c. and E. F. of &c. on thother partie, bearing date &c. in the 32. yeere of the Raign of our soueraign Lady the Q. Maiestie that now is, for diuers good causes & cōsideratiōs him at that time mouing, did giue, grant, enfeoffe, & confirme vnto the said C. D. and E. F. all those mesuages &c. (as in the former Indenture) in the said countie of D. or elswhere within the Realme of Englād, which late were the lands &c. of G. H. of L. in the said countie of D. gent. To haue & to hold &c. vnto the said C. D. & E. F. their heirs & assignes for euer, to such vses, intents, & purposes as be specified, mentioned, limitted, & declared in the said Indenture. In which said Indenture there is contained one prouiso or condition the tenor or effect whereof is as followeth. Prouided alwa [...]es & vpon condition following, & it is fully couenanted &c. reciting the Prouiso of the former Indenture verbatim. Know you now therfore him the said A. B. according to y^• tenor, purport, & true meaning of the said Indēture, to be minded, disposed, & fully determined to alter & chāge the vses declared in the said Indēture: And therfore he the said A. B. doth by these presents notify, signify, & declare that [Page] the aforesaid messuages, tenemēts, cottages, lāds, medows, feedings, pastures, hereditaments, & premisses with thappurtenances, and the vses in the said former Indenture expressed, & all assurance, and assurāces heretofore had, made, knowledged, and suffered of the said premisses or any part therof, shall from henceforth remaine and be to such person and persons, and to such intents and purposes as hereafter in these presents are expressed and declared: the said former Indenture, or any other assurance or conueyance had of the said tenements and premisses, or any part thereof to the contrarie thereof in any wise notwithstanding. That is to say, the said messuages, cottages, lands, tenements, hereditaments, and premisses, shall be to thuse of the said A. B. for and during the terme of lx. yeares next insuing the date hereof, fully to be complet and ended, if he the said A. B. do so long liue. And after to thuse of I. wife of the said A. B. for, and during &c. And afterwards to thuse of my welbeloued friends W. W. of R. in the countie of Y. gentleman, and T. S. of E. in &c. Gentleman, their heires and assignes for euer. In witnesse &c.

¶ A Condition to alter Vses.

PRouided alwaies, and it is further couenāted, granted, & agreed Sect. 273. betweene the said parties, that if it shall fortune the said T. T. at any time during his life by writing vnder seale and inrolled in any Court of record, to grant vnto the said &c. or to any of them, or to any other persons before mentioned, one moitie of &c. That then and from thenceforth the said estate, and all and euery thuses before in these presents mentioned, to be vtterly void and of none effect, and that then, and from thenceforth, aswell the said &c. (expressing the feoffees) and their heires & assignes, as also all their estate & all other assurances hereafter to be had and made, of, or in the said tenements, and premisses, or any part or parcell thereof to thuses aforesaid, shall be to the onely vse of the said T. T. and his &c. And that then, and from thenceforth it shall be lawfull, to, and for the said T. T. &c. and to euery of them to reenter into the said tenements & premisses, & the same to haue againe & reposseed as in their former estate: These Indentures or any thing therein contained to the contrarie thereof, in any wise notwithstanding &c.

¶ A Condition to alter Vses.

PRouided alwaies, & vpon condition &c. that if it shall happen the Sect. 274. said T. T. herafter at any time, to haue issue of his body lawfully [Page] begotten, or any wife of the said T. T. at the [...] of his decease to be inseint with any issue begotten by the said T. T. that then within six moneths after such issue had, & after fiue hundred marks paid by any person or persons, for or in the name of such issue to the said A. &c. or tendered & refused, or not receiued by the said A. &c. the vse of the said land &c. shalbe and inure to the said feoffees &c. shall therfore stand & be seised to the vse of the heirs of the said T. of his body lawfully begotten and of the heires of their bodies lawfully begotten. And for default of such issue to the heires of the right heires of the said T. T. and their heires for euer &c.

¶ A libertie to grant leases.

PRouided alwaies, & the true intent and meaning of the parties Sect. 275. to these presents is, And the said T. S. doth for him & his heires, couenant and graunt, to and with the said R. D. his executors and assignes, by these presents, that the said R. D. shal and may at al times, from time to time, during his life, without any let or disturbance of the said T. S. his heires, executors, or administrators, demise, grant, and lease the said manors, lands, tenements, and hereditaments, or any part or parcell thereof, the lands, tenements and hereditaments appointed to be conueyed and assured to the said R. & E. for terme of her life (as is aforesaid, and the manor house, scite and demaine lands of H. only excepted) to any person or persons for terme of three liues or vnder, or for terme of xxi. yeres or vnder, in such maner and forme, as a tenant in taile may lawfully do, and not otherwise, so as there be reserued, in and vpon euery such lease and leases, the vsuall and olde accustomed rent or more, and appointed to be payable yeerely during the same terme, to such person or persons, as by force of these presents, and the conueyances to be made and agreed to be made by the force of these presents, shall or ought, after the decease of the said R. haue the immediate reuersion or remainder thereof: any thing to the contrarie hereof in these presents contained notwithstanding.

¶ A Libertie for the feoffor in Vse to make Annuities and Ioyuters.

PRouided also, & it is condiscended and agreed betweene the said Sect. 276. parties, that the said R. D. shall & may at any time hereafter by his writing or writings indented, conuey & assure, or by his last will and Testament, giue, deuise, and appoint, seuerally and not iointly, [Page] to euery or any the yonger sonne or sonnes of the said R. of the bodie of the said A. his wife, lawfully begotten, one annuitie or yerely rent charge, of x. pounds, to euery of them seuerally, to be issuing, going out, and to be perceiued of, out, and vpon the said manors, lands, and tenements, (except the said lands and tenements appointed for the Iointure of the said E. for terme of life, as is aforesaid,) for and during al the natural life or seueral liues of euery such sonne or sonnes. And it is in like maner condiscended and agreed, betweene the said parties, that where the aboue recited lands, tenements, & hereditaments to be assured for the Ioynture of the said E. and specified in the said scedule, are now parcell of the Iointure lands of the said A. that he the said R. D. shall haue full libertie to assure and conuey certaine lands, tenements, and hereditaments called R. for the Iointure of the said A. during her natural life, in full recompence and satis [...]action of the said lands and tenements specified in the said scedule, and to be assured for the Iointure of the said E. as is aforesaid.

¶ A Condition to alter Vses.

PRouided also further, that it shalbe lawful, to & for the said sir T. Sect. 277. N. at any time, or frō time to time at his pleasure, during his life by his writing indented, or by his last will and Testament in writing, by him sealed and subscribed, to alter, determine, diminish, change, or inlarge any vse or vses, conditions, limitations, or intents comprised in these presents, the said estate of D. M. onely excepted. And also at his pleasure by the same his writing indented, or by his last will and Testament sealed and subscribed, as is aforesaid, to limit and appoint, giue & grant the vse of the said manors, lands, tenements, and hereditaments with their appurtenāces, or of any parcel of the same, to the said persons, or any of them, or to any other person or persons, in fee simple, fee taile, for terme of life or liues, or yeres, or otherwise, (the estate and interest of the said D. M. alwaies being saued vnto her:) these Indentures, or any vse or vses, thing or matter abouesaid in these Indentures to the contrarie in any wise notwithstanding. And that after such alteration, determination, diminishing or inlarging, limitting or appointing, any vse or vses, conditions or intents of the premisses, or of any part or parcell thereof, as is aforesaid, The vse onely of so much of the premisses, whereof any alteration, determination, diminishing, or inlarging shall be so had and made, shall be to such person and persons, vses, intents and conditions as shall be mentioned, specified, or declared [Page] in that writing indented, or last will and Testament onely, and to none other person or persons, vses, intents, nor prouisoes. Prouided further, and it is declared by these presents, that the true intent and meaning of this Indenture is, that when any vse or vses aboue limitted, or any estate thereby made or growen by vertue or meaning of these Indentures, or by any of the prouisoes, conditions or limitations aforesaid, shall cease, end, & determine, by breaking of any prouiso or condition. That then immediatly the vse of such and so much of the premisses, wherof any vse or estate aboue limitted shal so cease, end, or determine, shalbe immediatly after formerlimitations in vse ended, ceased, or determined, in such person or persons, to whome the vse thereof is next limitted and appointed by these Indentures, of like estate, and in like manner and forme, as the same shoulde haue beene if the same limitation had beene without any prouiso or condition, and had beene in deede ended.

¶ The limitation of Vses.

ANd it is further couenanted &c. that the said feoffees shal be seised Sect. 278. of the said manors, lands, &c. to the vse of the said A. and the said issues males &c. vntill such time as the said A. or any one or moe of his issues males after he, they, or any of them shal be owners of the premisses, or of any part or parcell thereof, in possession, reuersion, or remainder, shall either doe, or suffer to be done, some act or acts, thing or things for the discontinuance of the taile of the premisses, or any part or parcell thereof, or for taking away the right of the premisses, or of any part or parcell thereof, otherwise then is appointed by the Act of Parliament made in the two and thirtieth yere of the raigne of King Henry the eight, intituled, An Act that the Leasees shall inioy theirfarmes against the Tenant in taile, or in the right of their Wiues, or Churches: whereby the state of intayle of the premisses, or of any part or parcell thereof, or the right of the said estate in the premisses, or in any part thereof, limitted by these presents to the said A. and his heires males aforesaid, shall not, or cannot take place according to the true intent of this deede indented, and the meaning of the said B. &c. And then to the vse of the &c. Limitting other vses.

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¶ A Couenant reseruing power to alter and reise vses.

PRouided alwaies, if it shal chance the said I. S. by his testament Sect. 279. and last will, made in writing & sealed with his owne hand, or by Indenture inrolled, & subscribed with his owne hand, or by deede of feoffement, or other conueyance in writing, sealed with his hand and Seale, To deuise, assure, appoint, or conuey, the premisses, or any parcell thereof, or any rents, annuities, fees, offices, or any other profits, commodities or aduantages going out, or comming out of the premisses, or any parcell thereof, or by any writing indented, Sealed by the handes of the said I. D. and subscribed, and deliuered by him, to limit, dispose, appoint, or assigne the vse or vses, of all and singular the premisses, or any parcell thereof, or to appoint any rents, annuities, offices, fees, commodities, profits, or aduantages out of the premisses, or any part thereof, or the vses thereof, in any other sort, then before is specified in these presents, that then and from thencefoorth aswell the assurances aforesaid shall be, as the said R. D. &c. their heires and assignes, as also all and euery other person and persons, and their heires, any thing lawfully hauing or clayming in the premisses, or any part thereof, by the saide R. D. &c. their heires or assignes, or after or vnder their estate or interest, shall stand and be seised of the premisses, or of such parcell of the same, so deuised, assured, conueyed, limitted, or appointed: And also shall stand and be seised, to such vse and behoofe, and of such person or persons, to whom such annuities, fees, profits, commodities, or aduantages, of the premisses, so shal be deuised, conueyed, limitted, assured, or appointed of such estate and interest, as in the same conueyances, last will, or feoffement, or in the same writing, and euery or any of them shall be conueyed, and not otherwise, nor in any other manner: any thing to the contrarie notwithstanding.

¶ A Couenant to alter Vses.

ANd it is further condiscended & agreed betwixt the said parties Sect. 280. and euery of them for themselues their heires & assignes do couenant and graunt to eche other of the same parties and their heires and assignes, that if it fortune at any time hereafter the saide T. T. during his life to draw & ingrosse in parchment, or cause &c. another indenture with certain couenāts contained in y^• same to lead [...]o thuse [Page] of the same recoueries, fines and assurances in any other sort & order, then in these present Indentures they be lead, limitted, & bestowed: and the same so drawen and ingrossed shall seale and deliuer as his deed [...], that then immediatly vpon the summe of ten shillings of lawfull &c. disbursed and bestowed among the poore inhabitants of the manor of H. the same assurances and euery of them shall be, and the same A. B. C. D. their heires and assignes, and euery other person or persons, hauing or iustly clayming to haue any estate or thing in the same premisses, or any part thereof, shall stand & be seised of the same to thonly vses contained in these Indentures, and to none other vses nor intents: any thing in these Indentures to the contrarie thereof notwithstanding &c.

See more of Vses in Couenants, to leuie fines & suffer recoueries, and in Couenants to make Assurances, Couenants of mariage, and Ioyntures.

¶ A Prouiso for discontinuance of Vses.

PRouided alwaies, that if any the said sonnes of the said I. S. of Sect. 281. his bodie lawfully begotten, or any &c. shall at any time hereafter aduisedly, willingly, determinatly, and effectually procure or assent, to or for any act or actes, thing or thinges, for any bargaine, sale, discontinuance, alienation, exchaunge, or forfeiture to bee had or made of the said lands, tenements, hereditaments, and other the premisses, or of any part or parcell thereof to him or them, or any of them, as is aforesaid by these presents limitted, declared, or agreed to be conueyed in vse or possession, whereby any estate of the premisses or of any part or parcell thereof in vse or possession mentioned, limitted, or declared by these presents, may, should, or might by any wayes or by any meanes be vndone, discontinued, debarred, altered, determined or forfaited, and the same bargaine, sale, discontinuance, alienation, exchange, or forfaiture, or any other open or effectual thing, or act towardes the same effect shall attempt &c. or by any other effectual act or acts, thing or things whatsoeuer, whereof or whereby any bargaine, sale, discontinuance, alienation, exchange or forfeyture, shall or may ensue: That then immediatly from and after the time of such procuring, attempting, causing, commaunding, willingly assenting, suffering, or going about, in manner and forme as is aforesaid, and before any such bargaine, sale, discontinuance, [Page] alienation, exchange, or forfaiture, had, made, or perfected, executed, committed or done the said vse and vses, estate and estates, limitted and declared in these presents, to him or them that so shall attempt, cause, procure, commaund, or wittingly assent or suffer any such act or actes, thing or thinges to be prosecuted, executed, performed, done, or put in vre in maner aboue declared, whereupon any bargaine, sale, discontinuance, alienation, exchange, or forfaiture shall or may ensue contrarie to the true meaning of these presents, of and in such and so much of the said manors, lands, tenements, and hereditaments with the appurtenances, for which any of the things aforesaid, shall be attempted, caused, procured, commaunded, assented, or suffered to be executed, perfourmed, done, or put in vre, contrarie to the true meaning of these presents, shall cease onely as in respect and hauing regard to such a person or persons so attempting, procuring, causing, commaunding, willingly assenting to, suffering, or going about any act or actes, thing or thinges abouesaid, contrarie to the intent and true meaning of these presents, in such sort, qualitie, degree, and condition, as if such person or persons, their heire or heires so attempting, procuring, causing, commanding, willingly assenting to, suffering or going about, any such act or actes, thing or thinges as is aforesaid, were naturally dead and no otherwise.

And then and in such case shall immediatly come, growe, or be, by the true intent and meaning of these presents, if such person or persons that so shall procure or assent, to, or for any such act or actes, thing or things, were naturally dead, of such like estate, and in like maner and formes, and with such like remainders in vse ouer, and with like limitations and conditions as the same should haue come, growen, or been, if the same person that so shall procure, or assent [...]o, or for any such act or actes, thing or things to be done, at, or immediatly before the time of such procuring or assenting were naturally dead and none otherwise.

¶ A libertie by Vse to make Leases.

PRouided also, and it is fully couenanted, granted, and agreed by Sect. 282. all the parties to these presents, that it shall and may be lawfull to and for the said Sir I. S. by his deed or deedes indented, during the naturall life of the said Sir I. S. to demise and lease the aforesaid manors, landes, tenements, and other the premisses appointed by these presentes to be conueyed and assured to the aforesaid [Page] T. S. F. S. T. N. and L. M. and their heires, to the vse of the saide T. for terme of his naturall life without impeachment of wast, and after his decease to the vse of I. S. the sonne, and of the heires males of the bodie of the said I. S. the sonne, of the bodie of the saide M. lawfully begotten, and for default of such heires, to the vse of the heires of the bodie of the said I. S. the sonne lawfully begotten with other estates in vse of the same, as is aforesaid, to any person or persons for the terme of xxi. yeres & not aboue, or for any lesser terme or termes from the making of the same lease or leases, whereof no former lease and leases, of, and in the same manors, landes, and tenements, so to bee demised, shall at the time of the making of the same lease or leases, haue being and continuance. So that vpon euery the same lease and leases so to be made, the olde and accustomed rent and rents or more shall be reserued, to haue continuance, and shal be payable yearely during the same lease and leases to such person and persons as shall haue the immediate reuersion or remainder thereof during the same lease or leases to be made, And so that the same lease nor leases nor any of them be made without impeachment of wast, and that then the said assurance and assurances to be made, as is aforesaid, shall be, and the said T. S. F. S. T. N. and L. M. and their heires shall stand and beseised, of, and in the premisses so to be dem [...] sed or leased, as is aforesaid, to the vse and vses of such seuerall person and persons, to whom the said premisses or any parcell thereof shall be so leased, their executors, administrators and assignes, for and during such terme and termes as beene before declared, or vnder, as shall bee limitted vpon any such lease or leases so to be made, as is aforesaid, vpon any such like seuerall conditions to bee annexed to the vses, for non payment of the seuerall rents so to be seuerally reserued vpon such leases, as shall be limitted in the same leases, and annexed to the lease of the said lands by the true intent and meaning of such leases: any thing in these presents mentioned or expressed to the contrarie in any wise notwithstanding.

¶ Conueyances to Vses.

ANd to the vses y^• the said W. M. may during his life make Iointer Sect. 283. or Iointers of al such landes, tenements, & hereditaments in S. aforesaid, parcell of the premisses last recited, being now in the possession of T. M. & I. M. brethren of the said W. to any such wife [Page] or wiues as they the said T. and I. M. or either of them, shall fortune hereafter to marrie or take to wife, for and during their natural life or liues. And that it shall likewise be lawfull to the said W. M. to make Ioynter or Ioynters of lands, tenements, and hereditaments in S. and K. parcel of the premisses last recited, to the yerely value of &c. to any wife or wiues that he shall hereafter fortune to marrie and take to wife other then M. his now wife, for and during the naturall life or liues, of any such wife or wiues. And further, that it shall [...]e lawfull, to and for the said W. M. during his life, and to the said T. M. his sonne and heire apparant after his death, to make [...] [...]ynter or Ioynters to any such wife or wiues as the saide T. M. the s [...] shal hereafter fortune to marry, of the said manors, lands, [...] and hereditaments, parcell of the premisses last recited of [...] ly rent of fortie poundes aboue all charges and reprises. And that the said W. M. shall haue in like maner free libertie and lawfull [...] thoritie and power during his naturall life, of lands, tenements [...] hereditaments parcell of the premisses last recited, of the yerely re [...] of xx. pounds, to make leases and graunts therof to the yonger sonne or sonnes of the saide W. for terme of their naturall life or liues, or thereof, or of any part thereof to declare his last will and testament for the performance thereof and payment of his debts, so that it bee but for the space and terme of xx. yeres, or vnder, next after the death of the said W. And that the said. I. H. and other the said Conisees and their heires shall stand and be seised of the said premisses, or any part thereof appointed, limitted or assigned by the saide W. M. for the Ioynter or Ioynters of the wife or wiues of the said brethren, or either of them, or for any wife that the said W. shall hereafter marrie, or the wife or wiues of the said T. M. or to his yonger sonne or sons during life or liues, in maner and forme aforesaid, to the vse of such person and persons as the said W. shall assigne, limit, or appoint the same during the time aforesaid, and according to the limitation aforesaid.

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Trust.

¶ Abargaine and sale in trust to vses.

THis Indenture tripartite &c. between T. T. on the [...]r [...] partie, Sect. 284. B. C. D. and E. on the second partie, and F. H. G. I. and K. on the third partie, Witnesseth, that the said T. T. for the speciall [...] and confidence that he hath in the saide A. B. C. D. E. F. [...]. [...]. [...] and for the summe of &c. Hath giuen, bargained and [...], [...] presents [...]oth giue, bargain and sel vnto the [...] A. B &c. [...] his lands &c. To haue and to hold [...] &c. during the naturall lif [...] of the said T. T. and for and during the terme of x. yeares [...] and immediatly following after the naturall death of the saide T. T. [...] after the death of the said T. T. and after the said term of [...] yeares ended and determined, then to haue and to hold the said [...], &c. to the said A. B. C. D. &c. their heires and assignes to [...]he vse o [...] them and their heires &c. And vpon condition that if the said [...]. H. I. and K. and their heires, or the suruiuor or suruiuors of them, and his and their heires shall before the natural death of the said T. T. or within vii. yeares next after the naturall death of the saide T. T. alien, bargaine and sell the premisses with the appurtenantes, or so much thereof as by the saide T. T. shall bee limitted or appointed by him, by worde or by writing, Will or otherwise. And the desire and request of the said T. T. is that after the bargaine, sale or alienation so had or made, the said A. B. C. D. &c. for the speciall trust and confidence that the said T. T. doth put in them, shall within vi. moneths next after such bargaine, sale or alienation, purchase or cause to be purchased, other lands, tenements, and hereditaments, of as much cleere [...] yerely value as the premisses that shall be so bargained or solde by them or any of them shall amount vnto, and that the suruiuor or suruiuors of them shall within sixe months after such purchase, cause the same lands so purchased to be by good assurances and conueyances in the saide Lawe assured and made sure to the heires of the said T. T. in fee simple discharged of all maner of charges and incumbrances by them to be had, made, done or suffered.

Prouided alwaies that for default of such bargaine, sale or alienation of the premisses by these presents giuen or granted, bargained or sold, from and after the said naturall death of the saide T. T. and [Page] from and after the said terme and end of x. yeares next after the said natural death of the said T. T. the said A. B. C. and D. &c. and al and euery person and persons, that shall bee seised, of, or in the saide tenements and premisses, shall stand and be seised thereof to the onely vse and behoofe of the right heires of the said T. T. of, and in so much of the premisses by these presents giuen or graunted, whereof no bargaine, sale, or alienation shall be hereafter by the saide A. B. C. D. &c. so made as is aforesaid, And that then and from thenceforth it shal be lawfull for the said right heires of the saide T. T. to reenter into so much of the premisses, whereof no such bargaine, sale, or alienation, as is aforesaide, shall bee hereafter by the saide A. B. so made as is aforesaid. And the said G. H. I. and K. do couenant &c. that they and euery of them shall permit and suffer the saide A. B. and C. &c. and euery of them and their assignes quietly to receiue and take the issues and profits of all and singuler the said premisses with the appurtenances during the naturall life of the said T. T. and during the said terme of x. yeeres next after his naturall death, without interruption or disturbance of the said G. H. I. and K. or any of them, or any other person or persons, by the meanes or procurement of any of them, to be imployed and bestowed to such purposes, vses, and intents, as the said T. T. hath and shall assigne, limit, and appoint.

And the said G. H. I. and K. for themselues do couenant &c. That if it shall fortune the said A. B. and C. to decease during the naturall life of the said T. T. that then the said E. F. G. H. I. and K. and their executors & assignes, shall peaceably permit and suffer the said D. E and F. and euery of them & their assignes, to haue, take, and receiue, all and singuler the issues, rents, reuenues and profits, of all and singuler the premisses, & euery part and parcell thereof, for and during &c. without any let or impediment to bee had, made, or procured by the said G. H. I. & K. or by any of thē, or by any other person or persons, by the meanes or procurement of any of them, to bee imployed and bestowed to such vses and intents, as the said T. T. shall limit, declare, assigne, or appoint by woord or writing. And the saide T, T. for him, his heires and assignes doth couenant &c. that the said &c. and euery other person and persons now being seised, of, & in the premisses, or of, or in any part or parcell thereof, shall from hencefoorth stand and be seised thereof, and of euery part thereof, to the vses, intents, behoofes & conditions, in these presents before declared, mentioned, and expressed, and to, or for none other vse, intent, or purpose &c. In witnesse &c.

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¶ Co [...]nants to conuey a lease and goods in trust, instead of a iointure.

THis Indenture &c. Between T. G. & W. L. &c. Witnesseth, that Sect. 285. in consideration of a mariage be had & solemnized between the said W. L. of the one partie, and B. Q. widow, daughter of the saide T. G. of the other party, It is now fully couenāted &c. that is to say: The said W. L. &c. doth couenāt &c. that where I. B. by his deed indented, dated &c. hath demised, grāted, & to farme lettē to the said W. L. all that his manor of C. To haue & to hold &c. as by the said Indenture more plainly doth and may appeare, the said W. L. in cōsideratiō of the said mariage to be had & solemnized between him the said W. L. and the said B. in maner and forme aforesaid, & for the great zeale & loue that he beareth to the said B. couenanteth &c. that he the same W. L. before the feast of &c. shal at the costs & charges of him the said W. L. his executors or assignes by his deed indented, assure, demise, giue and grant to A. and C. the said manor of &c. together with all his right, title, interest, possession and terme which the said W. L. hath to come, in, and to the same manor, and other the premisses. To haue and to hold the same to the said A. & C. & their executors, administrators & assignes, during the residue of the said terme of yeeres yet to come, of, in, & to the said tenemēts & premisses, by vertue of y^• same lease for yeares aboue in the said presents recited, vpō condition only that the said A. & C. & their executors and administrators', & the executors or administrators of the suruiuor or suruiuors of them, shall within six moneths next after the same assurance, demise, gift, & grāt so by the said W. L. made of the premisses to the said A. and C. make one other demise, and grant to the said W. L. & B. of the said manor of &c. to the said W. L. and B. their executors, administrators and assignes, from the date of the same demise & grant so by the same A. and C. to be made to the said W. L. and B. for & during the residue of the said lease and terme of yeres mētioned in the said former Indētures yet to come, fully to be accomplished and ended. In which Indētures there shalbe a sufficient clause or prouiso contained: That if it happē the said W. L. to die, and the said B. him to ouerliue, & that after the death of the said W. L. it shall happen the said B. to die before the end of the said terme of yeres comprised in the said lease, made to the said W. L. in maner & forme aforesaid: That then the residue of the said terme of yeres, which shall so happē to remaine & be vn [...]termined at the death of the said B. shall remaine, go, & be to the executors of the said W. L. And further the said W. L. couenāteth &c. that if it shal [Page] happen the said VV. L. to die, and the said B. to suruiue and ouerliue the said W. L. that then the said W. L. shall further in consideration of the said Mariage by his last will and testament, freely giue, assure, and assigne to the said B. to her owne proper vse towards her liuing, aduancement & preferment, goods and cattels, then being discharged of all incumbrances, and which the said W. L. shal then haue by good and iust title, amoūting to the cleere yeerely value of &c. of the proper goods and chattels of the said VV. L. And further the said W. L. couenanteth &c. that after one assurance, grant and conueiance made of the said terme and lease of the said manor &c. by the said A. and C. and to the said W. L. and B. and to the longer liuer of them, in maner and forme aforesaid: That then and from thenceforth during the life of the said W. L. and B. the said W. L. shall not bargaine, sell, surrender, forfait, giue nor alien the said tenements and premisses, or any part thereof, nor his said estate, terme, or interest, of, in, or to the same or any part thereof, nor shall in any wise incumber the said manor, or other the said premisses or any part therof, but that the executors of the said W. L. shall acquite, discharge, & saue harm [...]les aswell the said B. as the said mauor & other the premisses, & euery part therof, during all the said terme of yeeres, in & to the said premisses limitted, appointed, and to be assured and conu [...]ied to the said B. in maner and forme aforesaid, of all &c. And further the said W. L. couenanteth &c. that he the said VV. L. his executors and assignes, shall and will at all times hereafter from time to time, do, suffer, and cause to be done and suffered, all and euery such act and acces, deuise, thing & things, as hereafter shalbe reasonably deuised or aduised by the said T. G. his executors or assignes, or by his or their counsell learned in the law, for the further & better assurance & sure making, of, & to the said lease & terme of yeares, of, & in the said manor of C. &c. to be assured & made sure to the said W. L. & B. & to the suruiuor of the [...], or to either of them, in maner and forme aforesaid. Prouided alwaies and it is further couenanted &c. betwixt the said parties to these presents &c. & the said W. L. for him, his heires &c. couenanteth &c. to & with the said T. G. that if it shall happen the saide VV. L. or the said B. Q. to decease or die before the said mariage had betwixt them, or that any of them shall refuse to marie with the other of them, at any time limitted for the said mariage, or that the Law of God them to marrie will not permit & suffer, or any other lawful impediment shal happen, wherby the said mariage shal not take effect: That then the said VV. L. &c. shal satisfie, content, or otherwise repay to the said T. [Page] B. &c. at W. &c. within one moneth next after such death, refusal, or other such lawfull impediment, as is aforesaide, the summe of &c. of good &c. in ful paiment of the said summe of &c. paid in mariage with the said B. Q. In witnesse &c.

To assure a lease for a iointure: conuey parcell of the terme to the wifes friends, if shee so long liue, then let them reconuey parcell of their parcell to the husband, if he so long doe liue.

¶ A Conueiance in trust by a widow, of a lease giuen vnto her first husband, that her second husband should not sell it away, as commonly it happeneth.

THis Indenture &c. Betweene A. B. widowe, late wife of T. B. & Sect. 286. executrix of the last wil and testament of the same T. B. on the one party, and T. P. I. B. and R. T. brethren of the said A. on the other partie, Witnesseth. That whereas the said T. B. by his last will and Testament, bearing date &c. did giue vnto the said A. B. all that his interest, lease, and terme of yeares which hee had of, and to the farme of S. and of all &c. with all his goods, cattels, stuffe, & implements of housholde then being and remaining there. Prouided alwaies, that if it shall happen the said A. B. to depart this naturall life before the end & terme of the said yeares should be expired, ended and determined, that then the interest and terme of yeares of the said A. B. in the saide farme of S. and &c. should cease, and then and from thenceforth he willed that the saide farme with &c. as it came to the said A. B. should remaine to M. B. his daughter & her heires, during the residue of the said yeres then to come in the said farme &c. Know ye now by these presents, that the said A. B. for sundry cōsiderations her mouing, and especially for the performance of the said will of the said T. B. according to the meaning thereof, hath giuen, granted &c. and by these presents doth fully &c. vnto the said T. P. I. B. & R. T. al that her said right, title, estate, interest, lease, and terme of yeares, which the said A. B. hath yet to come and expire, of, and in the saide manor or farme of S. and of and in all &c. Neuerthelesse, the saide T. P. I. B. and R. T. do couenant &c. that the same A. B. and her assignes, shall haue the occupation and vse of al the said manors &c. and all & singular other the premisses in the said seuerall leases specified, and shall and may haue and take the profites and commodities of the same to her own vse, commoditie & profit, during the said terme contained in the said lease of the premisses, if the saide A. B. doe so long [Page] liue. Prouided alwaies, and it is further agreed &c. that if it shall happen the said A. B. or any husband or husbands to whom the saide A. shall fortune hereafter to be maried, to alien, giue, grant, or sel her whole interest and terme of yeares to any person or persons, of, and in the premisses before graunted, or any parcel of the same: Or if it fortune the said A. B. to die before the end of the said yeres contained in the same lease: that then this present gift and graunt of the vse & occupation of the said premisses to the said A in forme aforesaid, giuen, made, or graunted, to cease and vtterly to be void, & that then it shall be lawfull to the said T. P. I. B. and R. T. their executors and administrators, and euery of them, into the said manors &c. to reenter &c.

And furthermore the said T. P. I. B. and R. T. doe couenant &c. that they the same T. I. and R. &c. their executors &c. shal within one quarter of a yeare after the death of the saide A. and at the costes &c. graunt vnto the said M. B. daughter of the &c. if the said M. be then liuing, the said Manors &c. and other the premisses to her owne vse, during so many yeares of the said terme of yeares, as shal thē remain not ended, of, and in the same mannors &c. and premisses, or in any of them, discharged of all former bargaines, &c. And furthermore, the said T. P. I. B. and R. T. doe couenant &c. that if it fortune the saide M. B. to decease in the life of the said A. B. that then the said T. I. & R. their executors &c. shall likewise within one quarter of a yeare after the death of the said M. B. cleerly conuey and assure vnto the said A. B. if they be thereto required by the said A. and at the costes &c. all their said right, title, &c. In witnesse &c.

¶ An assignment of a lease to certaine vses.

THis Indenture made &c. betweene W. T. on the one party, & F. Sect. 287. R. & I. H. on the other party, Witnesseth, that wher the said W T. is, & now standeth lawfully possessed for terme of xxvi. yeares yet to come, of, in, and vpon the manor of T. with thappurtenances in &c. by vertue of one Indenture of lease thereof made to the said W. T. by &c. bearing date the xx. day of &c. in the &c. yeelding & paying therfore yerely &c. the yerely rent & ferme of &c. as by and in the said Indenture of lease more at large appeareth: Now the said W. T. for & in consideration of a mariage to be had and solemnized between him and D. R. &c. hath giuen and granted, and by these presents doth giue and grant to the said F. R. and I. H. all & singular the messuages &c. with thappurtenances in T. aforesaid, mentioned or contained in the [Page] said Indenture of lease, and all his estate, interest, and terme of yeres yet to come by vertue of the said lease made by the said &c. in & to the said lands, grounds, & premisses in G. aforesaid. To haue and to hold the said mesuage in G. aforesaid to the said F. R. and I. H. their executors & assignes, in maner and forme following: that is to say, To the vse of the said W. T. for, and during the terme and space of fortie yeres next and immediatly insuing the date hereof, if the said W. T. so long liue, and after to the vse of the said D. for & during the terme and space of other xl. yeeres then next following, if she the said D. shal so long liue, and after to the vse of the first issue male of the said W. T. begotten by him of the body of the said D. for the terme of so many yeres as then shal be to come, & shal then remaine vnexpired of the said lease made by the said &c. if the issue male do so long liue. And if it fortune the said W. T. to haue no issue male begotten by him of the bodie of the said D. then to the first issue female of the said W. vt supra, &c. during and vntill such time as the iust summe of one C. l. be fully had, receiued, and taken of the issues and profites of the said landes and premisses, for and towards the preferment in mariage of the said issue female, if the said lease made to the said T. W. by the said &c. and the terme of yeeres therein contained shall so long indure and continue, And after the said hundred pounds so had & leuied, then to the vse of such person and persons as the saide W. T. shall giue or bequeath the same vnto, for, & during all the residue of the said terme and yeres cōtained and expressed in the said Indenture of lease made by the said &c. And the said W. T. doth couenant and graunt for him &c. that he the said W. T. the day of the date hereof, is and standeth lawfully possessed of the premisses and euery parcell thereof, in maner and forme aforesaid: And that the said premisses & euery parcell thereof now be, and so shall continue and remaine to the vses and limitatiōs afore rehearsed, according to the true effect and meaning of these presents, cleerely discharged of, & from al former bargaines, and payments of any rents reserued by the same Indenture of lease made by the said &c. conueyances and all other charges and inc [...]mbrances whatsoeuer. And that he the said W. T. hath not heretofore done, nor that he nor his assignes hereafter shall doe or suffer to bee done anie act or thing, whereby the said estate, vses, and limitations, mentioned or expressed, by or in this Indenture, or anie of thē shalbe made void, frustrate, or shall not take effect or indure, according to the true effect and meaning of these presents. In witnesse &c.

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¶ A Couenant for quiet enioying vntill money be paid.

ANd the said G. S. doth couenāt & grant, for him, his heires, executors, Sect. 288. & administrators, to & with &c. That if it fortune y^• said F. R. his executors or assignes at any time hereafter during the said terme of ix. yeres to be lawfully euicted or expulsed, of & frō the quiet possession or occupation of the said manor & premisses demised vnto him by the said former Indenture of lease, whereby the said F. or his assignes shal or may not quietly perceiue & take the annual or yeerely summe of xx. l. of the issues, rents, & profits of the said manor and premisses, according to the true effect & meaning of the said former Indenture of lease: That then presently vpon such euiction or erpulsiō, the said F. R. his executors & assigns, shall & may quietly & peaceably haue, occupy, and enioy the said capitall mesuage or tenements called the H. and all the grounds, colemines, and hereditaments therewith demised & occupied, during and vntil such time as so much of the said nine score pounds as then shalbe vnreceiued by the said F. R. his executors or assignes by the said G. S. his heires or assignes, discharged of all incumbrances had, made, or done by the said G. S. his heires or assigne. Prouided, and it is so concluded and agreed, by & between the said parties, that if the said F. R. his executors & assignes, do quietly and peaceably occupy and enioy the said manor of D. and other the premisses demised by the said former Indēture of lease, during al the said terme of nine yeeres, according to the purport and true meaning of the said Indenture of lease: Or if the said G. S. his executors or assignes, doe well and truely content and pay to the said F. R. his executors or assignes the summe of nine score poundes, or so much thereof as then shal remaine not receiued by the said F. his executors or assignes, That then presently after the end and determination of the said terme of nine yeres so quietly occupied by the said F. his executors or assignes as is aforesaid, or immediatly from and after such paiment had and made, as is aforesaid, this present indenture of lease shall be vtterly void, frustrate, and of none effect, and haue no further being: any thing aforesaid to the contrary notwithstanding. In witnesse whereof &c.

¶ Feoffement to xij. persons in Trust to certain vses,

THis Indēture &c. Witnesseth, that the said I. S. for y^• special trust Sect. 289. & confidence that he the said I. S. hath and reposeth in the said [Page] A. B. C. D. &c. and their heires and assignes, and for the great zeale and good will which he beareth to the poore people which now be, & which hereafter from time to time shall be inhabiting and dwelling within the towne of C. in the County of D. And towards the maintenance, repairing, & making of such Bridges & highwaies, as now be, or hereafter shall be erected or made in the saide Towne of C. or within one halfe mile of the same. And for & towards the discharge, payment and contribution of fifteenes, taxes, musters, warres, and other common charges and impositions wherewith the said Towne of C. or the inhabitants thereof shall or may be charged, and in ease and reliefe of the poore people of the said towne of C. for the time being, hath giuen, graunted, and confirmed, and by these presents for him and his heires, doth freely and absolutely giue, graunt, and confirme vnto the said A. B. C. D. &c. and their heires for euer, all those his mesuages &c. To haue and to hold &c. to the said A. B. C. D. &c. their heires and assignes for euer to the onely vse and behoofe of the said A. B. C. D. &c. their heires and assignes for euer vpon trust, and to the intent that they the said A. B. C. D. &c. their heires and assignes, shall with all the yeerely rents, reuenues, issues, and profits of the said tenements & premisses &c. succor and relieue the said poore people, which now be, or hereafter shal be inhabiting within the said towne of C. and the said Bridges maintaine & make, and the said paiments, contributions, and charges shal beare and sustaine, in such sort and maner, as shal yerely from time to time for euer bee agreed vpon and thought meete to the chiefest parte of the inhabitants of the said towne of C. for the time being. And the saide A. B. C. D. &c. doe couenant &c. That if the said A. B. C. D. &c. or any of them shall at anie time or times hereafter remooue, goe, & depart away forth of the said towne of C. to any other place to inhabite and dwel, & do and shal inhabite and dwell out of the said towne of C. that then such and so many of the said twelue cofeoffees aforenamed, which shall so depart away forth of the said Towne of C. and inhabite & dwel in any other place, shal not after such his or their departure thence, as is aforesaid, take, receiue, or dispose, any of the rents, issues or profites of the said tenements and premisses: But at all times after such his or their so departing and going away of him or them, as is aforesaide, shall grant, conuey, release and assure to the residue of the said twelue persons then liuing and their heires, or to such other twelue persons which shall be named & chosen by the chiefest or more part of the said inhabitants of the said towne of C. then for the time being to be substituted [Page] and put in place and roome of the said person or persons so departing or dying, and of the residue of the said feoffees then remayning or suruiuing, and their heires, al his and their estate, right, title, and interest, of, and in the said lands and premisses discharged & kept harmelesse, of, & from all bargaines, estates, titles, charges, troubles, and incumbrances, then had or made, or to be had or made, by him or them, or any of them so dying or departing away, as aforesaid, as shal be deuised or aduised by the chiefest or most part of the inhabitants of the said towne of C. aforesaid for the time being, or by their, or any of their counsel learned in the lawes of this Realme: Except such leases for the terme of yeres as shalbe made according to the tenor and true meaning of these presents. And it is further intended, meant, and agreed, by & betweene the said parties to these presents, that when & so often, and at whatsoeuer time or times hereafter, sixe of the saide twelue persons aforenamed as feoffees, as aforesaid, or of any other persons hereafter to be so named as feoffees thereof, or more of them shalbe dead or departed out of the said towne of C. to dwel elsewhere as is aforesaid: That then and so often it shall and may be lawful, to and for the chiefest and most substātiall part of the inhabitants of the said towne of C. for the time being, to name, elect, and chuse xii. other persons of the inhabitants of the said towne of C. for the time being to be feoffees in Trust, and to stand seised to the vses aforesaid, and be substituted and put in the place & roome of the said former feoffees. And in like maner and forme, election & elections of the said feoffees to be made, as is aforesaid, from time to time successiuely for euer, so often as it shalbe requisite. And that after such electiō or elections of such twelue persons to be feoffees, as is aforesaid made by the said inhabitāts of C. aforesaid, such and so many of the feoffees aforesaid, as shalbe then liuing, at a reasonable request, costes and charges of the inhabitants of the said towne then being, or the more or the chiefest part of the inhabitants of the said Towne for the time being, shall by sufficient deede or deedes, or other conueiances or assurances, grant, cōuey, and assure the said lands &c. & premisses, to the said twelue persons so newly chosen & their heirs, to the vses & intēts aforesaid, with such couenants & cōditions therin to be contained, as shalbe thought requisite to the said chiefest part of the said inhabitants for the time being, or their learned counsell, discharged of all titles, charges, & incumbrances had or made, or to be had or made by them, or any of thē, other then such as shalbe had by them with the like consent of the said inhabitants for the time being, as is aforesaid. Prouided alwaies, [Page] and it is &c. to these presents in maner and forme following: that is to say, that it shall not, nor may not bee lawfull at any time or times hereafter, to, or for the said A. B. and his said cofeoffees before named or any of them, their heires or assignes, or any of them, or any other person or persons whatsoeuer hereafter to be named, elected or chosē feoffees of the said lands, tenemēts & premisses, to the vse aboue writen, to charge, conuey, imploy, or conuert the said landes, tenements, hereditaments, & premisses with thappurtenances, or any part therof, or the rents, issues, and profits therof, or of any part thereof, to any other vse or vses, intent or intentes, or any other waies, then to the vses aboue in these presents mentioned, without the consent of the most or chiefest part of the inhabitants of the said towne of C. for the time being thereunto first had and obtained, nor to extinguish, release, determine, frustrate or make voide any rent or rentes, condition or conditions, grant, couenant, or agrement reserued, contained, mentioned or implyed, or to be reserued, contained, mentioned, or implied, in, or by any lease or leases heretofore made of the said tenements & premisses, or of any part thereof, nor to make any new lease or leases of the said tenements and premisses, or of any part therof, before such time as all former leases of so much thereof so newly to bee demised shall be expired, determined, surrendred, or ended, nor for any longer time or terme then xxi. yeares, from the making of such new lease or leases, nor for any lesser or smaller rents, then bin now already reserued and yeelded for the same, and for and vnder such conditions and clauses of reentre for default of paiments of any rent or rents to be reserued, in, or by any such lease or leases, and with such other conditions, prouisoes, and couenants therein to be contained, as from time to time for euer shall be thought meete and requisite by the said more or chiefest part of the said inhabitants of the said towne of C. for the time being. And prouided also and vpon condition, and it is the true intent and meaning of these presents, and of al the parties to the same, and the said inhabitants of the said towne of C. doe consent and agree, that it shall not at any time hereafter be lawfull to any person or persons that hereafter shalbe named, chosen, and made a feoffee or feoffees of the said tenements & premisses as is aforesaid, during such time as he or they shal so remaine and be feoffee or feoffees thereof, to haue, take, or occupie any part of the saide tenements and premisses, by lease for yeres or otherwise, nor to any lessee or farmer of any part of the said tenements and premisses, during such time as he shal so be a lessee or farmer thereof, to be named, chosen, or made feoffee therof, [Page] or of any part thereof. And it is further concluded and agreed, by & betweene all the said parties to these presents, & euery of them, with the ful consent & agreement of the said inhabitants of the said towne of C. that yearely, and euery yeare for euer hereafter, two of the said persons being, or which shall be feoffees of the premisses, as is aforesaid, shalbe chosen by lots, & named the common Greeues of C. to be Greeues or Collectors & keepers of al such rents, reuenues, & profits, as shal come, arise, or grow, of, & for the said tenements & premisses, to the vses aforesaid, & to do al such acts & things as shalbe necessary, for or about the same vntil the Friday next after the feast of P. ad vincula, cōmonly caled Lammas day, which shalbe next after euery time of such choise of the said Greeues as is aforesaid. And that euery yere hereafter vpō the Friday next after the said feast of P. ad vincula, cō monly called Lammas day, the said Greeues for the yere thē past for the time being, in the presence of so many of the inhabitants of y^• said town of C. & the residue of the said feoffees, as wil vouchsafe to be thē ther present there at in the parish Church of C. aforesaid, shal make & yeeld vp aiust & true reckoning & accompt of all such summes of money, & other things, as they shal then haue receiued, disbursed, or done in, for, or by reason of the premisses, or any part thereof, vnto the saide inhabitants, or y^• said residue of the said feoffes, not being thē Greeus ther, & to deliuer al tharrerages & ouerplus of their said receipt vnto such two other persons, as shal then next after thē be chosen Greeues of the premisses, as is aforesaid for euer. In witnesse &c.

Grants, and what they be.

A Grant Concessio, signifieth permission, sufferance, leaue, licence, Sect. 290. yeelding or giuing ouer of a thing, but specially taken it signifieth a gift in writing of such things as can not aptly passe by word e onely without writing: As rents, reuersions, seruices, aduowsons in grosse, cōmon in grosse, villein in grosse, tithes &c. or made by such persons as cannot giue but by deede: as the King, and al bodies politicke, as Maiors and Cominalties, Deanes, Chapters, &c. which differences beene oftentimes neglected, and then it is taken generally to signifie euery gift whatsoeuer made of any thing by any person whatsoeuer. And he that granteth, is termed the grantor, and hee to whome the grant is made, the grantee. An instrument of grant, is a deede containing the description of such a gift or graunt, as is aforesaid. Of the examples whereof great varietie insueth.

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¶ A [...] of a [...], [...] of C [...]e [...]cr [...] &c.

THis Indenture [...] betweene F. [...] Witnesseth th [...] Sect. 291. the said F. hath [...] th [...]ppurtenances, set, lying, and being [...] h [...] the Lord [...]p of B. [...] in the parish of A. and S. & either of them, [...] th [...] the Co [...]tie of [...] and now or late in the tenure or occupation of R. or his assignes, by force of one demise or lease not yet expired, made therof to the said R. and his assignes by E. K. &c. And also the reuersion and reuersions of all and singuler the premisses, and euery part and p [...]rcel thero [...] [...]og [...] ther with Common for al maner [...]f [...]e a [...]s of the said R. [...] and [...]ssignes, in, and vpon the com̄mons and [...] of the said Lordship and manor, and all [...] and [...], to [...] from the premisses, & euery part thereof, in such ample and large maner, as the said R. at any time heretofore haue vsualty had, vsed, or taken the same, sithence the making of the saide lease, together with one acre of pasture with the app [...]na [...]s, lying in a [...]se of pasturocalled B. within the parish of [...]. To haue and to holde &c. all the said mesuages &c. and other the promisses, with [...] lent common as is aforesaid, and [...] other the premisses, before bargained and sold, with al and singuler their appurtenances, and the reuersion & reuersions of the same to the said T. &c. Yeelding and paying therefore yeerely vnto the said F. his heires and assignes, Lordes of &c. the summe of i [...], [...] ̄. yerely at. y^• [...] of &c. And also doing suie to the court of the said manor at t [...]o tunes in the year [...], vpon general warning to be giuen for the holding of the said Court, by [...]he [...]ailife or other officer of the said F. his heire [...] or assignes, Lordes of the said manor. And if the said T. vpon such reasonable warning, as aforesaid, shall fayle & make default in doing [...]uit, as is aforesaid: That then and so often the said T. shal for fait to the said F. [...] Lords of the said manor, for euery such default: iiii. d. in ful satisfaction for euery such default. And the said T. for &c. doth couenant [...] grant [...]d &c. F. &c. that if the said yearly rent of iii [...] ̄ or the said̄ summe of [...] for not doing siue to the Court, as is aforesaid be not paide [...] That then and so often it shal be lawfull for the said F. his heires & assignes, Lords of the said manor into the foresaid premisses, and euery part & parcell thereof to enter, and there distr [...]ine &c. as by one [...] the thereof made &c. bearing date &c. plainly appeareth: That no [...] the said F. for diuers good & lawful cōsiderations him thereunto [...]ing, hath bargained & sold, giuen and graunted to the said T. his heires &c. for euer, all the said [Page] mesuages, [...], re [...]s, suit of Court, tenements, and other the premisses, and all his reuersion or reuersions, of, and in the same, and euery part thereof with the appurtenances. To haue and to hold [...]e said mesuage, tene [...]ts, and premisses with thappurten [...]ces to [...]he said T. his heires and assig [...]es foreuer, to the onely vse and behoofe &c. In witnesse whereof &c.

¶ A Grant of the reuersion of certaine landes with other landes in possession.

OMnibꝰ ad quos &c. W. B. W. R. I. S. & I. W. salutē &c. Cum M. Sect. 292. v [...]or I. W. [...]uꝑ v [...] I. W. ha [...]eat & teneat ꝓrermi [...]o vitae suae, ex dimissione & fe [...]amento nostr̄ p̄d' W. B. I. W. W. R. I. S. & I. W. diuersas terras & ten̄t̄ cum suis pertinen̄ [...]uper dicti I. W. viri sui, scituat̄ & iacen̄ in vill' de S. praed' reuersione & reman̄ eorund' terrar̄ & ten̄torū immediate post decessum eiusd' M. nobis & haered' nr̄is de [...]re spectan̄. Cum (que) etiam nos praed' W. B. I. W. W. R. I. S. & I. W. ad p̄sens seis [...] sumus & possessionati in dn̄ico nostro vt deseodo, de, & in diuersis alij [...] terris, ten̄ [...]i [...], redi [...], & seruic', pratis, pascuis, & pastur, cum suis p [...]i [...]en̄, scitu [...]tis & iacen̄ in H. in dict' com̄ E. quae etiā nuper fuerūt dicti I. W. viri nuper dictae M. & quae omnia & singula suprad' terr̄, ten̄t̄, & caetera praemissa in S. & H. praedict': Nos praedict W. B. I. W. W. R. I. S. & I. W. simul cum I. W. filio nuper praed' I. Wⁱ (qui totū ius suum nobis & haeredibus nostris nuper concessit & relaxauit) nuper coniunctim habuimus nobis, haeredibus, & assignatis nostri [...] in perpetuū ex dono & concessione, & chartae confirmatione I. G. Sciatis nos praefat̄ W. B. I. W. W. R. I. S. & I. W. dimisisse, tradidisse, concessisse, liberasse, & hoc praesenti scripto nostro cōfirmasse praefat̄ I. W. filio, ac M. C. filiae nuper I. C. quam dictus I. W. (Deo dante ducet in vxor̄) tam omnia praed' terras & tenementa cum suis pertinentijs, quae habemu [...] in villa de H. praedict' & al [...]bi, quàm etiā reuersionem & reuersiones praedictarū terrar̄, tenemen [...], redit̄, seruic', ac caeterorum premissor̄ in S. praedict'. Habend' & tenend' omnia praedict' terras & tenement̄, ac cetera praemissa in H. praedict', vna cum reuersione praed' terr̄, ten̄t̄, & caeterorum praemissorū in S. immediate cum acciderit post mortē dictae M. W. praefat̄ I. W. filio, & M. C. ac haered' de corporib' eorum inter eos legit̄ procreatis, de capitalibꝰ &c. Et velumus, & per praesentes concedimus, quod si cō ting at dictos I. W. filium, & M. C. fine haered' de corpor̄ eorum inter co [...] legiti [...]e procreatis o [...]ire, ꝙ tunc omnia praed' terr̄ & ten̄t [...], ac caetera praemissa in H. praed', vna cum reuersione praed' terr̄ & ten̄t̄ [Page] [...]c c [...]ero [...] praemissor̄ in S. praedict' [...] cum accide [...] post mortē dictae M. W. integre remaneant & re [...]ertant praed' I. W. filio dict' W. G. & W. R. necnon I. S. & T. T. haeredibus & assignat̄ suis in perper [...]m. Tenendum de capitalibus &c. In cuius rei &c.

¶ A Gr [...]t of turbari [...].

THis Indenture &c. witnesseth, That the said A. B. hath giuen &c. Sect. 293. to the said T. F. and to the heirs males of his body &c. sufficient Turbary, with free liberty to digge and get Turues, and liberty to drawe, reare, windraw, repaire, & stacke the same turues so digged & gotten within the manor of D. so often as neede shall require, at all & euery seasonable and reasonable time and times of the yeare, to bee burned, spent, or vsed within, or at their [...] house of H. in the said County of L. and not elsewhere, with free entrie, egresse & regresse, in, to, & from the said manor, mesuage &c. to take and carrie away the said Turues, with cartes, waines, or otherwise, at his & their wils & pleasures, a [...] like seasonable and reasonable times &c.

¶ A Gr [...]t of Co [...] for a hundred [...].

OMnibus &c. Sci [...]tis me &c. in cōsideratione boni & laudabilisSect. 294.co [...]lij ꝑ T. F. mihi impensi & imposterū imp [...] ̄dend', dedisse, & hoc praesenti scripto meo confirmasse eidē T. F. annuatim, durāte vita i [...]sius T. F. costodi [...]m debitā ad centūoues, t [...]m in oūili, falda, & pastura cōueniente c [...]m omnibꝰ meis ꝑtotū annū custodi [...]nd' & p [...]tu [...]d', & infra manerlū [...] de D. [...]n comitat̄ C. qu [...] ̄ in oibus & singulis terris & tenementis [...] is in D. Habend' ga [...]dend', & percipiend' eidē T. F. & assignatis suis, pro tota vita ipsius T. F. Et bene licebit eidem T. F. toties quoties ei placuerit ad intrand' in omnia praed' maneria, terras, & [...]en̄ta, ad superulden [...]' oues suas praedict', & eas in meliorem pasturam imponend (si necesse fuerit) ac oues p̄d & quaml bet ꝑcellam e [...]ru [...] lē vendere, permutare, & ad votū suū de eis faciend, ac oues alias ad numerū centum ouium & non vltra, in ouil' & pastur̄ praedictis impon [...]re & dimi [...]tere custodiend' & pasturand' in forma praedicta. In cuiusrei &c.

¶ A Grant of a re [...]rsion to the Queene.

THis Indenture made &c. betweene R. W. of D. &c. on thone partie, Sect. 295. & our most gracious soueraigne Lady Queene Elizabeth on [Page] the other party▪ Witnesseth, that the said R. W. for, and in c [...]sider [...] tion of a certaine summe of money to him payed by our said Sou [...] raigne, whereof he acknowledgeth the receipt, and thereof & of euery part thereof doth clearly acquite and discharge our said Soueraigne Lady her heires and successors for euer, hath giuen, granted, aliened, bargained, & solde, & by these present [...] doth giue, graunt, alien, bargaine & sel vnto our said soueraigne Ladie the Q. Maiestie, her he [...]s and successors for euer, al that close of pasture or pastures, [...] all lands, tenements, and hereditaments whatsoeuer with the [...]tenances, called or knowen by the name or names of B. scit [...]te, [...], & being in the parish and fields of H. in the county of D. now or [...] the tenure or occupation of I. B. or of his assignes. together [...]th all the rights, members, & appurtenances of the same. To haue [...] ho [...] the said tenemēts and premisses with the appurtenance [...] [...] soueraigne Ladie the Q. Maiestie, her heires and succes [...], vnto the only proper vse and be [...]oofe of our said soueraig [...] L [...]y the Q. Maiestie, her heires & successors for euer. Prouided alwaies, & vpon condition following, that if the said R. W. or his heires, or ani [...] of them, do at any time hereafter grant by his dee [...], to [...]e inrolled in the Queenes highnes court of Chancerie, one annuitie or yerely rent of &c. of lawful English money, vnto our said Soueraigne L. the Q. highnes, her heires & successors, issuing & going forth of any y^• l [...]nds, tenements & hereditaments of the said R. W. or of his heires, declaring his or their intent therein to be, that this saide graunt to the Q. highnesse shalbe v [...]id: That then this present deed, or grant, bargain & sale of the said premisses with thappurtenances to the Q. highnesse her heires and successors limitted and appointed, shalbe vtterly vow, frustrate, and of none effect. In witnesse &c.

¶ A Grant of a Remainder and the Reuersion of lands to the Queenes. Maiestie, for the preseruation thereof by deede [...]nrolled, reu [...]c [...]ble by tender of money &c.

TO all faithfull people to whom &c. I. C. of L. in the c [...]nty of Y. Sect. 296. Clothier, sendeth greeting in our Lord God euerlasting. Wheras one I. C. my father late of L. aforesaid, in the said County of Y. deceased, was lawfully seised in his de [...]tane as of fee, of and in certain closes and parcels of land, meadowe and pasture, lying and being on the Northside of one water or riuer called L. in Q. within the [...]arish of H. in the Countie of Y. And the said I. E. being of the land [...]s, [Page] tenements, and premisses so seised, did by his deede indented, bearing date &c. giue, graunt, and confirme the saide premisses to E. C. his sonne and natural brother vnto me the said I. C. by the name of E. C his yonger sonne. To haue and to hold all and singuler the premisses with their appurtenances, to the said E. C. and to the heires males of his bodie lawfully begotten. And if it should happen the said E. C. to die without issue male of his bodie lawfully begotten: that then all the foresaid lands and tenements with the appurtenances should remaine to me the said I. C. elder brother of the said E. C. and to the heires male [...]of my bodie lawfully begotten. And if it should happen me the said I. C. to die without heire male of my bodie lawfully begotten: then the foresaid landes and tenements with their appurtenances [...] remaine to the heires males of him the said I. C. the giuer lawfully begotten. And if it should happen him the said I. C. to die without such issue male of his bodie lawfully begotten: that then all the said lands and tenements with thappurtenances should remaine to the heires of the bodie of the said E. C. lawfully begotten. And for default of such issue: that then all the foresaid landes and tenements with thappurtenances should wholie reuert to the right heirs of him the said I. C. the giuer, wheresoeuer they can be found for euer, as by the said deede indented more plainely appeareth. The remainder of which said lands & tenements with thappurtenāces by vertue of the said deed, together with the reuersion thereof, are expectant vnto me the said I. C. being sonne and heire vnto the said I. C. the giuer, and elder brother vnto the said E. C. Know yee therefore mee the saide I. C. for diuers good causes & considerations me especially mouing, to haue giuen, graunted, and confirmed, & by these presents doe giue, grant, and confirme to our Soueraigne Ladie Eliz. by the grace of God, Queene of &c. all my reuersion and remainder of the said lands &c. and all my right, title, interest, estate, vse, possession, and demand, which I now haue, or at any time heereafter shall haue, or ought to haue, of, & in the same. To haue and to holde the said reuersion and remainder whensoeuer the same shall happen, and al other my right, interest, estate, vse, possession, and demand, which I now haue, or any time hereafter shall or ought to haue, of, and in the premisses, vnto our said Soueraigne Ladie Q. Elizab. & her successors for euer, vpon this condition following: that is to say, If I the said I. C. mine heirs or assignes, or any of vs, doe at any time hereafter, offer or tender to pay vnto the Barons of her Maiesties court of Thexcheq. or to any one of them sitting in the open Court there, for, and to her Maiesties [Page] vse, or to the vse of her successors, the summe of xl. s. of good and lawfull money of England: That then immediatly and at al times after such tender and offer of paiment to be made of the said summe of xl. s̄ to her Maiesties vse, or to the vse of her successors, as aforesaid: This present graunt, and the knowledging and inrolling thereof, and euery thing and things therein contained to be vtterly void, frustrate, & of none effect. And such reuersion, remainder, vse, possession and estate which I now haue in the premisses, or at any time heereafter ought to haue (if this present graunt were not made) by any possibilitie, immediatly after such tender and offer of paiment made (as aforesaide) shall be and remaine to me and my heires for euer, and so to be adiudged and taken for euer, in such maner and forme, as though this present graunt had neuer beene had, made, knowledged, nor inrolled: This present writing, nor the knowledging or inrolment thereof, or any thing therein contained to the contrarie thereof in any wise notwithstanding. In witnesse whereof vnto this my present writing, I haue set my hand and seale. Giuen the xii. day of N. in the yeare of the Raigne of our said Soueraigne Lady Elizabeth by the grace of God, of England &c.

¶ A sale of a Reuersion.

OMnibus &c. I. H. salutem in dn̄o sempitern̄. Cum C. M. vidua Sect. 297. quae fuit vxor I. M. iuxta voluntat̄ eiusdē I. M. habeat & teneat ad termin̄ vitae eiusdē C. ex dimissione, traditione, & chartae indentatae confirmatione mei dicti I. H. ac I. B. iam defunct', omnia illas terras &c. quae ego dictus I. H. & p̄dictus I. B. quondam coniunctim habuimus nobis haered' & assignat̄ nostris in perpetuum, ex dono & feoffamento dict' I. M. in villa & campis &c. & reuersione omnium praedictorū terrarū, tenementor̄, & reddit̄, post mortē dicti C. mihi praefat̄ I. H. & haeredibus & assignatis meis de iure spectant̄. Noueritis me praefat̄ I. H. dimisisse, tradidisse, liberasse, & hoc praesenti scripto meo confirmasse N. S. de N. dict' reuersionem omnium praedict' &c. & omnibꝰ suis pertinentijs, statim cum accident post mortem dicti C. Ita quod omnia p̄dict' terrae &c. Habend' & tenend' dict' reuersionem cum omnibus & singulis suis praemissis cum pertinentijs post mortem dict' C. haered' & assignat̄ suis in perpetuum de capitalibus dominis &c. In cuius &c.

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¶ A graunt of an Annuitie.

OMnibus &c. T. G. in com̄ N. salutē in &c. Sciatis me praefat̄ T. Sect. 298. G. tam pro & in consideratione boni con [...]lij mihi ꝑ quendam T. M. de P. in com̄ praed' gen̄ ante haec impensi & imposterum impendend, quam pro diuersis ali, s causis & considerationibus me in hoc specialiter mouent̄, dedisse, concessisse, & hoc praesenti scripto meo confirmasse praef. N. & assignat̄ suis, quan dam annuitatem siue annual' redit̄ &c. exeunt̄ & annuatim ꝑcipiend' de manerio meo de C. in p̄dict' com̄ N. ac de omnibꝰ mesuag', terr̄, tenement̄ & hereditament̄ meis quibuscun (que); cum suis pertinentijs vniuersis de C. p̄d'.

Habend', gaudend', leuand', & percip [...]end' dict' annuitatē siue annual' redd' &c. de praed' maner̄ de C. p̄dict', praef. T. N. & assign̄ suis ꝓ termino vite natur̄ eiusd' T. N. per manus firmariorū, tenentiū, recept̄, balliuorum, seu aliorum officiariorum occupatorū praemissorū, aut alicuius inde parcell', ad festa &c. aequis porcionibus annuatim soluend'. Et si contingat &c. si licito modo petatur, &c. plenarie solut̄fuerit, De qua quidē annuitate siue annual' reddit̄ &c. ego p̄fat̄ T. G. posui p̄fat̄ T. N. in plenam & pacific' possessionē & seisin̄, per solutionem sibi in die confect' praesentium iiij. d. nomine seisin̄ eiusdem. Ft vlterius ego praef. T. G. volo & concedo per p̄sentes, quod hoc praesens scriptum meū, vna cum acquietanc' praef. T. N. sit s [...]fficiens warrant̄ cuicun (que) firmar̄, tenent̄, recept̄, balliuorum, seu aliorū officiar̄ siue occupator̄ praemissorum, aut alicuius inde parcell' ad onerand' eos & quemlibet eorum, de, pro, & concern̄ solutionem annuitat̄ siue annual' reddit̄ &c. ac arrerag' eius [...]em. Quod (que) illi praed' firmar̄, tenentes, recept̄, occupator̄, balli [...]i, seu Eschaet̄ & alij officiarij praemissorum, aut alicuius inde ꝑcell', ac haered', executor̄, & administr̄ sui, qui praedict' annuitat̄ siue annual' reddit aut arrerag' eiusdem praef. T. N. aut suo certo atturnato soluere contigerint, super monstrac' acquietanc' praed' T. N. proinde fiend' exonerabūtur versus me praef. T. G. haered' & assign̄ meos, de tanto reddit̄ praemissorum, aut alicuius inde parcell' quant̄ ipsi praef. T. N. aut suo certo atturnat̄, de praed' annual' reddit̄ &c. aut de arrerag' inde soluent, aut soluere contigerint. In cuius rei testimon̄ &c.

¶ A graunt of an Annuitie to a Chirurgion.

SCiatis nos dedisse, cōcessisse, & hoc p̄sentiscript̄ nostr̄ cōfirmasse Sect. 299. pro nobis & haered' nr̄is, dilect' & fideli seruienti nr̄o D. B. Chirurgo pro bono seruitio, consilio, & necessario auxilio suo nobis & oībus hlijs & filiabꝰ inter nos legit̄ ꝓcreat̄ in nr̄a necessitate & corporis egritudin̄ impēso & imposter̄ impēdēd', quādā annuitatē &c.

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¶ A graunt of part of an Annuitie.

VNto al Christian people to whō this present writing shal come, Sect. 300. F. R. of &c. & D. R. of &c. widow, sendeth greeting. Where the said F. R. doth yeerely pay to the said D. during her life an Annuitie or yeerely rent of &c. for, & in consideration of her dower of the lands of I. R. her late husband deceased. And where also the said D. of her free will and beneuolence is minded to giue vnto W. P. her brother, one Annuitie or yearely rent of fiue Markes, parcell of the said Annuitie or yerely rent of &c. towardes his preferment and maintenance of liuing, to be had and receiued at the hands of the said F. R. his heires or assignes, who is verie well contented and pleased to pay the same accordingly. Therfore know you me the said D. R. to haue giuen and granted, and by these presents do giue & graunt to the said W. P. my brother, the said Annuitie or yearely rent of fiue Markes, parcell of the said yerely rent of &c. to be paied yearely by the said F. R. his heires and assignes, at the feast of S. Martin the Bishop in Winter, and Penticost, by euen porcions. To haue and perceiue the said Annuitie or yearely summe of &c. to the said W. P. and his assignes, from &c. during the naturall life of me the said D. if the Mariage which God willing shall be had and solemnized betweene W. T. of &c. gentleman, and me the said D. shall so long indure and continue. And the said F. R. doth graunt by these presents, for him and his heires, that if it fortune the said Annuitie or yearely rent of &c. or any part or parcell thereof to be behind vnpaied by the space of twentie dayes, next after any of the said feastes or dayes whereat the same ought to be paied: That then it shall be lawfull for, and to the said W. P. and his assignes, into all that his manor of O. with the appurtenances in the said Countie of D. and into al and singuler his landes, tenements, and hereditaments in O. aforesaid to enter and distraine: And the distresse there so taken, to lead, driue, chase, and carrie away, and the same to impound, detaine, and keepe, vntill such time as he or they of the said annuall or yearely rent of &c. with the arrerages thereof, if any such be, be fully satisfied, contented & paied. In witnesse whereof aswel the said F. R. as the said D. to this present writing, haue put their Seales the twentieth day of &c.

¶ A graunt of an Annuitie.

OMnibꝰ &c. Noueritis me p̄fat̄ I. dedisse, concessisse, & hoc praesenti Sect. 301. scripto meo cōfirmasse C. T. de D. vnū annual' redit̄, siue annuitatem xl, s. exeunt̄ de quodam tenemento siue hospicio in &c. [Page] Habend', tenend', & percipiend' praedictum annual' reditum, siue annuitatem xl. s. de praed' tenemento siue hospicio cum suis peninentijs praefat̄ C. haeredibus & assignatis suis in perpetuum, ad festum Annunciationis beatae Mariae Virginis, & sancti Michaelis Archangeli, per aequales porciones annuatim soluend'. Et si contmgat praedict' annualem reditum siue annuitatem xl. s. ad aliquem festum solutionis, quo solui debet, in ꝑte vel in toto aretro esse non solutum quod extunc bene liceat praedict' C. haere [...]ibus & assignatis suis in dictum tenementum siue hospicium intrar̄, et distringere, & districtiones ibidem inuētas seu captas asportar̄, abducere, fugare, & penes se retinere, quous (que) de praed' annuali reditu siue annuitate, vna cum omnibus inde arreragijs, siquae fuerint, sibi plenarié fuerit satisfact' & persolutum: de quo quidem annuali reditu siue annuitate, posui praedict' R. in plenam possessionem & seisinam, per solutionem sex denariorum &c. In cuius rei &c.

¶ A graunt of a Reuersion.

OMnibus Christi fidelibꝰ, ad quos praesens scriptum peruenerit, Sect. 302. W. H. &c. Cum C. H. pater meus habeat & teneat pro termino vitae suae quoddam tenementum cum suis pertinentijs in W. &c. vocatum H. reuersion̄ inde post suū decessum mihi & haeredibus meis spectant̄: Noueritis me praefat̄ W. dedisse, & hoc praesenti scripto meo confirmasse T. B. reuersionem dicti tenementi cum suis pertinentijs cum acciderit post decessum praedict' R. patris mei. Habend' & tenend' praedict' reuersionem cum suis pertinentijs cum acciderit, praefat̄ T. B. haeredibus & assignatis suis in perpetuum, de capitalibus &c. In cuius rei &c. Dat̄ &c.

¶ A graunt of an Annuitie, with a paine for not paying the same.

OMnibus Christi fidelibꝰ &c. E. K. gent̄, consanguineus & haeres Sect. 303. H. R. salutē. Sciatis me praefat̄ E. dedisse, concessisse, & hoc praesenti scripto meo confirmasse M. B. & I. vxori eius, ac nuper vxori praedict' H. quandam annuitatem siue annual' reditum xxvj. s. &c. in plenam satisfactionem & contentationem totius dotis siue iunctur̄ spectantis dictae I. post mortem praed' H. de, siue in omnibus terris & tenementis praed' vocat̄ &c. Habend' & percip [...]end' praedictum annuitatem siue annual' reditum praefat̄ M. B. & I. vxor̄ eius, pro termino vitae ipsorum M. & I. ac alterius eorum diutius viuent̄. Et si [Page] contingat &c. vt in alijs districtionibus. Et vlterius sciatis me praefat̄ E. concessisse, & hoc praesenti scripto meo confirmasse p̄fat̄ M. & I. vxori eius, quod quotiescunque contigerit dict' annuitatem siue annual redit̄ aretro forē non s [...]lut̄ in parte vel in toto post aliquod festum festorum praedictorū [...]uo solui debeat, per spacium sex septimanarum, tunc ego praedi [...] [...] E. & haeredes mei forisfaciemus decem solid' nomine pe [...]e prae [...] & I. vxo [...] eius, quos tunc bene licebit retinere quous (que) tam de praedict annuitate siue annuali reditu xx. s. quam pro praed' x. s. nomine penae sic forisfact', vna cum arreragijs, misis, & expensis, ea occasi [...]ne habit̄, plenarie fuerit satisfact' & solut̄. In cuius rei testimonium &c.

¶ A graunt of a Rent charg [...] with a nomine penae determinable by payment of money. And a couenant to leuie a fine for the assurance thereof, and that for want of payment the graunt or may enter.

THis Indenture made &c. betweene G. A. on the one partie, and F Sect. 304. R. on the other partie, Witnesseth, that the said G. A. for, and in consideration of the summe of &c. to him by the said F. R. well and truely contented and paied before the insealing and deliuerie hereof: Of which said summe the said G. A. doth acknowledge himselfe fully satisfied and paied, and thereof doth acquite the said F. R. by these presents, hath giuen and graunted, and by this Indenture doth for him and his heires clerely giue and graunt vnto the saide F. R. and his heires, the yearely rent or summe &c. issuing and going foorth of all that capitall mesuage or tenement with the appurtenances in K. aforesaide, in the said Countie of D. commonly called and knowne by the name of G. hall, and out of all those lands and hereditaments in K. aforesaide, knowne, reputed, or taken as part or parcell of the saide tenement, or so demised or occupied, to, or with the same, and issuing and going forth of al that mesuage or tenement &c. And forth of all other his landes, tenements, and hereditaments in K. aforesaid, in the saide Countie of D. To haue, holde, perceiue, and inioy the said annuall rent or summe of &c. vnto the said F. R. his heirs and assignes, to the onely and proper vse and behoofe of the saide F. R. his heires and assignes for euer, payable yearely at the nowe mansion house of the saide F. R. at S. within the Countie of D. at the feast of &c. by euen porcions. The first payment thereof to begin at the feast of &c. which shalbe in the yeare of our Lord God &c. [Page] And the said G. A. doth couenant &c. that if it shall fort [...]e the said annuall rent or summe &c. or any part or parcell thereof to be a [...]rere and vnpaied by the space of xx. dayes next after any of the said feastes or dayes whereat the same ought to be paied: That then and from thencefoorth it shall be lawfull, for, and to the said F. R. his heires and assignes into the said mesuages, lands, and premisses, and euerie part and parcell thereof to enter and distraine, and the distresses then and there found, to lead, driue, chase, and carrie away, and the same to deteyne and keepe, vntill such time and times, as he or they be fully satisfied, contented and payed, the said annuall or yearely rent of &c. with tharrerages thereof if any such be. And the said G. doth and couenant &c. to and with &c. that if it shall happen the said ann [...]ll ren [...] [...]c. or any part or parcell thereof to be arrere and vnpayed by the [...] of xxx. dayes [...] of the said fea [...] or dayes whereat the [...] annuall rent oug [...] [...] be paied: That then and from thenceforth the said [...]. [...]. his hei [...] and assignes shall forfait and lose to the said F. R. his [...]ires and assignes, the summe of x. poundes of lawfull English money no [...]ine penae for euery such default. And the said G. A. doth likewise couenant and graunt for him, his heires and assignes, to and with the said F. R. his heires and assignes by this Indenture: That if it shal fortune the said annuall rent or summe &c. or any parte or parcell thereof, or the said summes of &c. to be forfaited nomine penae, if any such shalbe, or any of them to be arrere and vnpaied by the space of fortie dayes next after any of the said feastes, whereat the same annuall rent ought to be paied: Or if it shall Fortune that no sufficient distresse or distresses can be had or taken, in, or vpon the premisses, according to the true intent and meaning of these present Indentures: Or if it shall happen anie rescous or pound breach to be made, or any repleuin or repleuins to be sued or obtained, of, [...] for, or by reason of any distresse or distresses to be taken by vertue of these presents, as is aforesaid: That then and from thencefoorth it shall and may be lawfull, for, and to the said F. R. his heires and assignes, into the said mesuages, landes and premisses, out of which the saide annuall rent is graunted to enter, and the same, and euery parte thereof to vse, haue, and inioy to his and their owne vse and vses, and the rents, issues, and profits thereof comming and arising, to receiue & take, and the same to detaine and keepe to his and their owne vse, without any accompt making thereof to the said G. A. his heires or assignes, and to vse and occupie the said landes and premisses to his and their owne vse, [Page] vntill such time as the said annuall rent or summe of &c. and euery part and parcell thereof, and the arrerages of the same, together with the said summe or summes to be forfaited nomine penae (if any such be) be vnto the said R. R. his heires & assignes, fully from time to time paied by the said G. A. his heires or assignes, or some of them. Of which said summe of &c. the saide G. A. hath put the said F. R. in full possession and seisin, by the paiment and deliuery of twelue pence of lawfull English money, being parcell of the said rent, vnto the said F. R. at the insealing and deliuerie hereof. And the said G. A. doth further couenant for him, his heires &c. to and with the said F. R. his heires &c. that he the said G. A. shall well and truely pay, or cause to be paied vnto the said F. R. his heires and assignes yerely the said annuall rent of fortie poundes, and euery part and parcell thereof, in, or vpon euery of the said feast dayes before mentioned, or within twentie dayes next after euery of the said feast dayes, at, or in the said, now dwelling or mansion house of the said F. R. at S. aforesaid, within the said Countie of D. And the said G. A. doth further couenant, for him, his heires and assignes, to and with the said F. R. his heires, executors, and assignes, by these presents, that he the said G. A. is the day of the date hereof lawfully seised of a good and perfect estate of inheritance in fee simple, of, and in the said mesuages, landes and premisses, and euery part and parcell thereof. And that the saide mesuages, landes and premisses, out of which the said rent of fortie poundes is graunted, and euery part and parcell thereof, at the day of the date hereof, or at, or before the saide feast [...]f &c. which shall be in the yeare of our Lord God &c. shall be, and from thencefoorth so remaine and continue free, exonerated, and cleerely discharged, or otherwise saued harmelesse by the said G. A. or his heires, executors, or assignes, of, and from all former bargaines, leases, titles, charges, and incumbraunces whatsoeuer.

One annuitie or rent charge of &c. by yeare, yearely going foorth of certaine of the said landes and premisses called G. to R. S. and his heires, And one other Annuitie or rent charge of &c. by yeare, yearely going foorth of the said lands and premisses, to the said R. S. his executors or assignes, from the third day of Octob. next insuing the date hereof, for, and during the terme and space of &c. then next and immediatly following, fully to be complet and ended: And leases for yeeres heretofore made, not exceeding the number of ten yeres from the date hereof, whereupon the accustomed yearely rents or more are reserued: And the title of dower of E. now wife of the said G. [Page] and the rentes and seruices hereafter to be due to the chiefe Lord or Lords of the fee or fees thereof onely excepted and forprised. And the said G. A. doth further couenant &c. that the said lands and premisses before mentioned, out of which the said rent is granted, are of the cleere yeerely value of xl. pounds, ouer and aboue all charges, annuities and reprises. And the said G. A. doth also couenant &c. that he the said G. A. shall and will before the feast of Easter next insuing the date hereof, at the costes and charges of the said G. A. leuie a fine in due forme of law to N. C. and R. C. & to the heires of one of them, of all and singuler the said mesuages, lands & premisses, and of euery part and parcell thereof, by the name and names of fower mesuages &c. or by such or the like name or names in effect and meaning: By which said fine the said G. A. shall recognise the said tenements with thappurtenances to be the right of the said N. as those which the said N. and R. haue of the gift of the said G. and the same shall remise and quite claime from him the said G. & his heires, to the said N. and R. and the heires of the said N. for euermore. And further the said G. shall by the same fine graunt for him & his heires, that they shall warrant to the said N. and R. and the heires of the said N. the tenements aforesaid with the appurtenances against all men for euermore: Which said fine so to be leuied & perfected of the said lands and premisses, by the name and names aforesaid, or by any other name or names whatsoeuer is meant & intended, And the said parties do accordingly, conclude and agree for them and their heires, that the said fine, and all & euery other fine and fines, recouery and cōueiance hereafter to be had, made, or executed, by or betweene the said parties, or betweene the said G. A. & any other person or persons by the appointment or nomination of the said F. R. his heires or assignes of the said lands and premisses, or of any part therof, shalbe to the vses, behoofes, intents and purposes hereafter in this Indenture mentioned and expressed, and to and for none other vse, intent, or purpose. And it is further concluded and agreed, by and between the said parties to this Indenture, for them & their heires, and either of the said parties doth seuerally couenant and conclude, to and with other their heires and assignes, that the said N. C. and R. C. and their heires, and all and euery other person or persons and their heires, that now be, or then shall stand or be seised of the said lands and premisses, or of any part or parcell thereof, shall from and immediatly after the said fine be perfected, stand, and be seised of the said lands and premisses to these intents and purposes following: that is to wit, That if the said [Page] annuall rent or summe of xl. pounds, or any part or parcell thereof, or the said summe or summes of x. poundes to be forfaited nomine penae, or any of them, at any time or times hereafter shall fortune to be arrere and vnpaied by the space of fortie daies next after any of the said feasts, whereat the same annual rent ought to be paied at the place before mentioned: Or if no sufficient distresse can be found, as aforesaid, or any rescous, poundbreach, or repleuin shall happen to be had or made, as is aforesaid: That then and from thenceforth, and at all and euery time and times, and from time to time it shall and may be lawful to the said F. R. his heires and assignes into the said mesuages, lands and premisses, out of which the said rent is graunted, and euery part and parcell thereof to enter, and the same and euery part thereof to haue and mioy, and the rents, issues, and profites thereof comming and arising to receiue and take, and the same to detaine and keepe to his or their owne vse, without any accompt making thereof to the said G. A. his heires or assignes, and to vse and occupie the said landes and premisses, to his or their owne vse and benefite, vntill such time and times as the said annuall rent of xl pounds, and the arrerages thereof, together with the said summe or summes to be forfaited nomine penae, if any such be, vnto the said F. R. his heires or assignes shall be fully from time to time payde by the said G. A. his heires or assignes, or some of them, according to the true meaning of these presents, and that after payment of the said annual rent of xl. l. and of the said summe or summes to be forfaited nomine penae, if any such shal be, and of euery part and parcell of the said rent and penalty, when and as often as they or any of them shall fortune to be behind in forme aforesaid, had and made vnto the said F. R. his heires and assignes with tharrerages thereof (as if any such be) The said fine and all & euery other assurance to be had or made of the said landes and premisses, or of any part thereof, by the appointment and nomination of the said F. R. shall bee deemed and taken to be to the vse and behoofe of the said G. A. his heires and assignes for euer, with this condition limitation and purpose, That it shall & may alwayes be lawfull to the said F. R. his heires and assignes to enter into the said landes and premisses out of which the said rent is graunted for default of paiment of the said annuall rent by the space of xl. daies, at all and euery such time and times as the same shall be arrere, and [...]o take and receiue the issues and profites, vse and occupation of the said lands and premisses vntill he or they be payde the same annuall rent with tharrerages thereof & the said summe or summes to be forfaited [Page] nomine penae, if any be, and euery part thereof from time to time according to the meaning of this Indenture. And the said G. A. doth furthermore couenant &c. that hee the said G. A. and his heires shall and will from time to time at all times hereafter, when and as often as he or they, or any of them shalbe thereunto reasonably required by the said F. R. his heirs or assignes within the time & space of v. yeres next insuing the date hereof, doe execute, acknowledge and make, or cause and suffer to be done, executed, acknowledged and made, al and euery such further act & ac [...]es, thing and things of assurance, deuises and assurances whatsoeuer, as shalbe reasonably deuised or aduised by the said F. R. his heires or assignes, or by his or their counsell for the further and better assurance, suertie, & sure making of the said annuall rent of &c. vnto the said F. R. his heires and assignes, according to the effect and true meaning of these presents: At the costs & charges in the law of the said G. A. So that the said G. be not cōpelled to trauel aboue xx. miles from the place wher he now dwelleth for the making or doing of any such further assurances. Prouided alwayes and it is concluded and agreed by & betweene the said parties to this Indenture, for them their heires and assignes: That if the said G. A. his &c. or any of them do wel and truely content and pay, or cause &c. vnto the said F. R. his &c. the summe of &c. in or vpon the feast day of &c. which shall be Anno Domini &c. at or in the now mansion house of the said F. R. at S. aforesaide, betweene the houres of &c. That then and from thenceforth this present graunt, and all & euery clause and article herein contained, and all bands for further assurance and inioying of the said annuall rent, to bee vtterly voide and of none effect: the said fine or other conueyance to be made of the premisses, by the appointment of the said F. R. notwithstanding. Prouided also, that if the saide G. A. his &c. doe make default in paiment of the said summe of &c. vpon the said feast day of &c. which shall bee in the said yere of our Lord God &c. at the place aforesaid, whereby the said annuall rent of &c. by the true meaning of this Indenture, is to continue to the said F. R. and his heires: yet neuerthelesse the said F. R. is contented, and accordingly doth couenant & conclude for him &c. That if the said G. A. at any time during his natural life, and during the life of the said F. R. together shall be minded that the said yerely rent or summe of &c. shall cease and haue no further being or continuance, & thereupon the said G. A. during the life of him and of the said F. R. do by his writing vnder his hand & seale, sealed in the presence of three or mo substantiall and credible witnesses, vpon either of the [Page] said feast dayes giue notice or warning vnto the said F. R. at his now mansion house at S. aforesaid: That he the said G. is minded that the said yerely rent or summe of xl. l. shall cease and haue no further being or continuance: And also do well and truely pay or cause to be paied vnto the said F. R. or his assignes the summe of 400. l. of lawfull English money, at, or in the said now dwelling house of the said F. R. at S. vpon the feast day or day of payment next after such warning or notice giuen with the halfe yeeres rent that shalbe due vpon the same feast day: That then and from thencefoorth after such payment of the said summe of &c. had and made in maner and forme abouesaid, and vpon the payment of the said halfe yeeres rent, which shall be due at the ende of the said halfe yeere, the said yeerely rent of xl. l. to cease and be determined: And the said clause of distresse, and all and euery other article, thing, couenant and grant herein mentioned for giuing any benefite to the said F. R. his heires or assignes: And the said bonds for further assurance or conuciance of the said annuall rent of &c. to be vtterly void and of none effect: any thing in these presents before mentioned to the contrarie &c. And lastly it is agreed betweene the said parties for them and their heirs, & either of the same parties doth seuerally conclude and couenant, to & with the other partie and their heires, that the said fine before mentioned, and all and euery other fine and fines, act and acts, thing and things, conueyance and assurance hereafter to be had, made, or suffered, by, or against the said G. A. of the said landes and premisses, or of any part thereof, shalbe to thuse, intent, & true meaning of these presents, and vpon condition & conditions herein mentioned, and to none other vse, intent or purpose. In witnesse whereof the parties aboue named to these present Indentures interchangeably haue put their hand and seales the day and yere aboue written.

¶ A graunt of a Rent charge.

THis Indenture made &c. betweene I. R. &c. on the one party, and Sect. 305. R. W. of &c. on thother party, Witnesseth, that wher I. L. of &c. by his deede indented dated the xx. day of N. in the yere of the raigne of &c. made betweene the said I. L. on the one partie, and R. F. deceased of F. one of her Maiesties Serieants at the law, late father of the said I. R. on the other partie, for, and in consideration &c. hath giuen & granted vnto the said F. R. & his heires one yerely rent of &c. issuing & going forth of the manors of L. & H. with thappurtenances in the coūty of D. & forth of al &c. To haue &c. the said annual rent of &c. [Page] vnto the said F. R. his heires and assignes for euer, payable yerely at or in the house of the said F. R. in W. in the said Countie of D. in, or vpon the feast day of &c. and in or vpon the feast day of &c. by equall portions, or within tenne dayes next after either of the said feast daies, The first paiment thereof to begin at the feast of &c. then next ensuing the date of the said deede. And whereas the said I. L. hath by his said deede couenanted and graunted for him, his heires, executors, and administrators, to and with the said F. R. his heires &c. That if it shall fortune the said annuall rent of &c. or any part or parcell thereof, to be arreare and vnpayed by the space of twentie dayes, next after any of the said feastes before mentioned: that then and from thencefoorth it should and might be lawfull to and for the said F. R. his heires, executors, and assignes into the said manors, lands, and premisses, with the appurtenances, or any part or parcell thereof, to enter and distrain, And the distresse then and there found, to lead, driue, chase, and carrie away, and the same to detaine and keepe vntil such time and times as he or they should be fully satisfied, contented and paied the said annuall rent with the arrerages thereof, if any such should be. And whereas the said I. L. by his said deede hath likewise couenanted and graunted for him, his heires, executors, and administrators, to, and with the said F. R. his heires, executors, administrators, and assignes, That if it happen the said annuall rent of one hundreth poundes, or any part or parcell thereof, to bee arreare and vnpaied, by the space of thirtie dayes next after the feast dayes in the said deede mentioned: That then and from thenceforth the said I. L. his heires and assignes should for fait and loose vnto the said F. R. his heires and assignes, the summe of twenty pounds of lawfull English money nomine penae, for euery such default. And whereas the said I. L. by his said deede hath also couenanted for him, his heires &c. to and with F. R. his heires and assignes, That if it should fortune the said annuall rent of one C. l. or any part or parcell thereof, or the said summe or summes of &c. forfaited nomine penae, if any such should be, or any of them to be arreare and vnpaied, at the place aforesaid, by the space of &c. next after any of the said feast dayes in the said deede mentioned: That then and from thenceforth it should and might be lawfull to and for the said F. R. his heires and assignes, without any demaund making of the said rent, into the said manors, lands and premisses with thappurtenances, and into all and euery part thereof to enter, And the same and euery part thereof, to vse, haue, and enioy to him his heires and assignes to his and their [Page] owne vse, vntill such time as the said annuall rent or summe of x. l. and euery part and parcel thereof, And all such arrerages of the same annuall rent as shall grow due vnto the said F. R. his heires and assignes, during such time as he or they shall haue the said manors and premisses, or any part thereof in his or their possession, For want of payment of the said rent, together with the summe or summes to be forf. nomine penae, if any such should be, vnto the said F. R. his heires and assignes fully from time to time paied by the said I. L. his heires or assignes or some of them, of which said rent of xii. d, the said I. L. did put the said F. R. in full possession and seisin by the payment, and deliuery of xii. d. of lawfull English money being parcell of the said rent vnto the said F. R. at the ensealing and deliuery of his said deed.

And whereas the said I. L. by his said deed hath further couenanted for him, his heirs, executors, and administrators, with the said F. R. his heires and assignes, That he the said I. L. the day of the date of his said deed, was lawfully seised of a good and perfect estate of inheritance of fee simple, or fee taile, without reuersion or remainder being in the Queenes Maiestie, of, and in the said manors, lands, and premisses, out of which the said rents graunted, and of euery part and parcell thereof, discharged of all incumbrances whatsoeuer, one leas &c. excepted and foreprised. And whereas the said &c. that the said manors, lands, and premisses, out of which the said annuall rent of a C. l. is graunted, were and should continue subiect, and lyable to the distresse, and entrie of the said F. R. his heires and assignes from time to time of the cleere and accustomed yearely value of Cxxx. l. ouer and aboue all charges, deductions, and reprises. And whereas &c. that he the said I. L. at his proper costs and charges before the feast of Penticost next ensuing the date of his said deede, should and would leuie a fine in due forme of law vnto W. L. and I. D. of al and singuler the manors, lands, & premisses in the said deede mentioned, and of euery part and parcell thereof, and of all other the lands and hereditaments of the said I. L. within the Realm of England, by the name and names of the manors of P. and H. with thappurtenances, and of xxx. mesuages, &c. with thappurtenances in H. L. P. H. B. C. C. alias S. H. E. B. in B. S. alias S. H. & S. alias S. by which said fine the said I. L. should recognise &c. which said fine or any other fine to be leuied by the saide I. of the said manors, landes, and premisses by the name and names aforesaid, or by anie other name or names whatsoeuer, should be to thintent that the same W. L. &c. and the suruiuor of them should stand and bee iudged perfect tenants [Page] or tenant of the freeholde of the saide manors, landes and premisses, vntil such time as a perfect recouerie might be had and lawfully executed of the said premisses against the said W. L. & I. D. or the suruiuor of either of them by T. F. of H. & W. S. or by either of them, and after to the vse, intents and purpose in the said deede mentioned and expressed And whereas &c. that the saide T. F. and W. S. should before the feastes of P. then next ensuing the date of the saide deede, commence and prosecute at the costs & charges of y^• said I. one writte of Entre sur disseisin in le post, against the saide W. L. and I. D. or against the suruiuor of them whereby they should demaunde against them, or against the one of them the said manors, landes and premisses and euery part and parcell thereof by the name and names before mentioned, or by any other name or names whatsoeuer, vnto which writ the said W. L. and I. D. or the suruiuor of them shoulde appeare in proper person, or by his or their atturny or atturneys lawfully and sufficiently authorised and should vouch to warrantie him the said I. L. And that hee the saide I. L. shoulde appeare vpon the same voucher in his proper person or by his attorney or attorneyes lawfully authorized & should vouch towarranty the cōmon vouchee. And the same common vouche shoulde appeare in his owne person vpon the same voucher and should imparle, and afterwardes shoulde make default, wherby a perfect Iudgement might be had and giuen for the said T. F. and W. S. against the said W. L. and I. D. for recouery of the manors and premisses, and likewise for the said W. L. and I. D. to recouer in value against the said I. L. after the manner and course of the common recoueries in such case vsed, which said recouerie so to bee suffered and perfected by any name or names whatsoeuer was meant and intended, and the said parties to the said deede accordingly concluded and agreed for them and their heires, that the same recouery, voucher, iudgements, and recouery in value, & all and euery other matter & things therupon depending or following shold be to the intent, vse, and purposes in the said deede mentioned and expressed. And after the vses, intents & purposes mentioned and expressed in the said deede obserued, and fully from time to time performed, according to the true meaning thereof, should bee deemed and taken to the vses, intents, and purposes mentioned & expressed in one other Indenture bearing date of the first recited deed, and sealed and deliuered after the same, made between the said I. L. on the one partie, and H. B. of R. in the said countie of D. gentleman, and W. W. of W. in the county of York gent̄, on thother party. And whereas by [Page] the first recited originall deed it was further concluded & agreed by & between the said parties to the said deed, for them & their heires and either of the said parties seuerally couenanted & concluded, to & with thother their heirs, & assignes, that they the said recouerers and their heires, & the said recouerees & their heirs, & all & euery other person & persons, & his & their heires, that then were, or within one yeare then next folowing should stand & be seised of y^• premisses or any part therof, should from & immediatly after the said recouery executed & perfected, & from & after the same fine leuied, stand & be seised of al & singuler the said manors & premisses, except in y^• said first original deed excepted, & that the same recouery touching the said premisses, except the said first recited original deed excepted, should from thēceforth be deemed & taken to these intents & purposes following: that is to wit that if the said annual rent of one C. l. or any part or parcel therof, or the said sum or summes of &c. to be forfaited nomine penae, or any of thē should at any time & times from thenceforth bee arrere & vnpaid by the space of xl. daies next after any of the said feast daies in the said first recited original deed mētioned, wherat y^• same annual rēt ought to be paid at the place in y^• said first original deed mētioned: that then & from thenceforth, & at al & euery time & times when such default of paiment should be, it should & might be lawfull, to & for the said F. R his heires &c. into the said manors &c. except in the said first originall deed excepted, to enter, & the same & euery part therof to haue & enioy to him, his heirs &c. to his & their own vse vntil such time & times, as the said annual rent of a C. l. & tharrerages therof, together with the said sum or sums to be forf. noīe penae, should be vnto the said F. R. his &c. fully from time to time paid by the said I. F. his heires &c. or some of them, with tharrerages of the said rēt that shal grow due & paiable during the time that the said F. R. his heires &c. should hold & enioy y^• said lands & premisses, or any part thereof in his or their possession.

And after the paimēt of y^• annual rent of &c. & of y^• said sum or sums to be forf. noīne penae, if any such shuld be, & euery part of the said rēt & penalty, when & as often as they or any of thē should fortune to be behind in such form as in the first recited original deed is said, had & made vnto the said F. R. his heirs or assignes with tharrerages therof, if any such should be, the said recouery & fine should be, and the said recouerers and recoueries, and their heires, & al and euery other person & persons, & his & their heirs, that then were & thenceforth should stand & be seised of the said whol manors, lands & premisses mētioned in the said first recited original deed, should stand & be seised thereof, [Page] and of euery part and parcell thereof to such vse, intents & purposes as are mentioned & expressed in the said deede mentioned to be made betweene the saide I. L. on his party with condition, limitation and purpose, that it should and might be lawfull to the said F. R. his heirs and assignes to enter into the said manors, lands, and premisses out of the which the said rent is granted, and euery part thereof for default of payment of the said annuell rent of one C. l. or any part thereof by the space of forty daies next after euery of the said feasts, wherein the same should be arreare, and to haue and to enioy the same to him, his heires and assignes, to his and their owne vse, vntill he or they be paid the said annuall rent with the arrerages thereof if any such shoulde be and the said summe or summes of &c. to be forfaited nomine penae and euery part thereof from time to time. And whereas &c. that hee the saide I. L. his heires, executors, and administrators, and assignes should well and truely pay, satisfie, and allowe, or cause &c. vnto the said F. R. his heires and assignes yerely the said annuall rent of C. l. and euery part and parcell thereof, in or vpon euery of the saide feast daies in the said first recited lease or deede mentioned, or within tenne dayes next after euery of the saide feast dayes at or in the saide then mansion house of the saide F. R. at S. W. aforesaide and that as well during the time that the saide I. his heires or assignes farmors or tenants shall haue, occupy and enioy the saide manors, landes, and premisses, as also during the time that the saide F. R. his heires or assignes should through any default of payment of the saide rent of a C. li. or any part thereof enter into, haue, occupy and enioy the sayde manors, landes, tenementes, and heredit [...]mentes, or any parte or parcell thereof, that the same entry, occupation and enioying of the saide manors, landes and premisses or any part thereof by the sayd F. his heires or assignes shoulde not by any suspition make any ceasing or defalcation of the sayd rent or of any part thereof. And that the saide I. L. shoulde make further assurance generally with a prouis [...] that if the said I. L. at any time during his owne life, and during the life of the said F. R. together should be minded, the sayd yearely rent of a hundred pound should cease and haue no further beeing or continuance, and thereupon the said I. L. during the life of him, and of the said F. R. together, should by his writing vnder his hande and seale, sealed in the presence of three or moe substantiall and credible witnesses vpon either of the sayd feast dayes giue notice or warning vnto the said F. R. his heires or assignes, at the then dwelling house of the sayd F. R. at S. W. aforesayd, that he the saide I. L. was minded [Page] that the saide annuall rent of &c. should cease and haue no further being or continuāce, & withall at the time of the saide notice so to be giuen should well and truely pay, or cause to be paid vnto the said F. R. or to his executors or assignes, the summe of &c. at the then dwelling house of the said F. R. at S. W. aforesaid, and also should well & truely pay, or cause to be paid vnto the said F. R. his executors or assigns the summe of &c. at or in the then dwelling house of the saide F. R. at S. W. aforesaid, vpon the feast day appointed for the payment of the said halfe yeres rent next ensuing after such warning & notice giuen with the said halfe yeres rent, which should be due vpon the feast day, that then and from thenceforth after such paiment of the said summe of &c. and vpon payment of the said summe &c. had & made in manner & forme aforesaid, and likewise vpon payment of the saide rent which should be due at the end of the said half yere next after such notice giuen as is aforesaid, the said yerely rent or summe of &c. to cease and be determined, & the said clause of distresse & entre, & all & euery other article, thing, couenant, or grant therein contained for giuing any benefit or vse to the saide F. R. his heires or assignes, and the statutes and bonds for the further assurance, & continuance of the said annuall rent of &c. to be void & of none effect, the said recouerie & fine, or any other thing before mentioned to the contrary thereof in any wise notwithstanding. And whereas, that the said recouery & fine aforesaid, and all and euery other act or acts, thing & thinges, assurance or conueyance thenceforth to be had, made or suffered, by, or against the said I. L. or any other person or persons by his assent, nominatiō or pleasure of the said manors or of any part therof should be: And that all & euery person & persons, & his & their heires, then seised, or thenceforth to be seised of any estate or estates of inheritance whatsoeuer of the saide premisses, or of any part thereof (except before excepted) to y^• vses, intents & true meaning set down in, & by this first recited original deed amongst diuers other things more at large it doth and may appeare. Now the said I. R. for, and in consideration of the summe of &c. hath bargained & sold, & by these presents doth for himselfe and his heires fully & absolutely, bargaine & sell vnto the said R. W. & his heires the said manors of L. & H. with the appurtenances, & all those lands, tenements & hereditaments in L. B. C. C. H. H. E. B. M. B. S. alias S. in the said County of D. which at the insealing & deliuery of the saide first originall deede, where the lands, tenements, & hereditaments of the said I. L. reputed or taken for the inheritance of the said I. L. and also y^• said annuity or yerely rent, or summe of &c. issuing & going forth [Page] of the said manors of L. & H. with thappurtenances, and foorth of all other landes, tenements, & hereditaments which then were, or were reputed or taken for the inheritance of the said I. L. in L. B. C. H. H. E. B. M. B. S. alias S. in the said countie of D. or else where within the Realm of England, his grounds & inheritances called P. and all his lands & tenemēts in P. and iiii, acres of pasture lying in the parish of S. in a certain place called S. onely excepted & foreprised, together with the said first original deed. And all his right, title, interest, & demand, of, in, or to the said manors, lands, tenemēts, hereditaments, annuities, rents, summes of money, & demands whatsoeuer, together with the recited deed, & all deedes, writings, & estreits, concerning, incidēt, or belonging to the premisses, or made, for, or concerning the same. To haue &c. the said manors, landes, tenements, & hereditamēts, annuities, rents, summes of money, & premisses before by these presents granted, as is aforesaid, together with the said deedes, writings, & estreits vnto the said R. W. his heires & assignes for euer, in as ful, large, ample, & beneficial maner, as y^• aforesaid F. R. or I. R. or any other person may, might, should, or ought to haue, hold, perceiue & inioy y^• same by reason of the said deed & grant made by the said I. L. to the said F. R. as aforesaid. And the said I. R. doth for himself &c. that he the said I. W. at thensealing of these presents standeth, & is seised of the said recited manors, & other the premisses (except before excepted) to the only vse of himself, his heires &c. as is before recited. And that the said R. W. his heires &c. shal & may quietly & peaceably at all times hereafter & frō time to time haue &c. the said manors &c. before by these presēts grāted, to his & their proper vse & behoof, w^tout the lawful let, trouble, euictiō, interruptiō, denial, incūbrance, charge or other disturbance whatsoeuer of the saide F. R. or I. R. or their or either of their heirs, or of any other person or persōs, by their or either of their heires assent, consent, act, meanes, or procuremēt, counsell or deuise. And the said I. R. doth further &c. that neither y^• said F. R. nor I. R. nor any other person or persons, by their or either of their acts, means, or procuremēt, haue done, executed, knowledged, or cōmitted, or caused to be done, executed, knowledged, or cōmitted, nor y^• the said I. R. nor his heires shal at any time hereafter do, execute, knowledge, or cōmit, or cause to be done, executed, knowledged, or cōmitted any act or acts, thing, deuise or deuises, wherby y^• said R. W. his heires or assignes, shall or may be disturbed, letted, hindred, & denied, to inioy, haue, & receiue quietly & peaceably, all & euery of the premisses before by these presents mencioned to be granted vnto the said R. W. as aforesaid. In witnesse &c.

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¶ Concessio annuitat' pro seruicio.

OMnibus &c. Sciatis me praefat̄ T. G. ex certa scientia & mero Sect. 306. motu meo, ac intuitu obsequij & seruitij mihi per S. R. et I. vx. eius seruient̄ meos antehac impensi, dedisse &c. eisdem S. & I. &c. quandam &c. ad festa &c. aequis porcionibus annuatim soluend'. Habend' & tenend' praedict̄ annuitatem siue annual' reddit̄ xl s. Soluend' praefato S. & I. vx' eius durant̄ vit̄ natural' ipsorū S. & I. & eorū vtrius (que) diutius viuent̄ in forma sequen̄, viz. &c. Et si contingat praedict̄ annuitatem &c. Prouiso semper qd' si praed' S. R. et I. aut eorum alter obire contigerit, quod tunc & deinceps solutio medietat̄ dict̄ annuitat̄ xl. s. totaliter cessabit: Aliquo superius memorat̄ siue in hoc praesent̄ scripto meo specificat̄, in contrar̄ quoquomodo non obstant̄. In cuius rei &c.

¶ A graunt of annuitie for terme of life, pro consilio & auxilio.

OMnibus &c. Sciatis me praef. I. dedisse &c. T. M. pro bono consilio Sect. 307. suo & ingenti auxilio suo mihi in mea necessitate impēso, quand' annuitat̄ siue annual' reddit̄ xxx. s. legalis monetae Angliae. Habend' & percipiend' &c. de exitibus, proficuis, firmis, & emolumentis man̄ij mei de S. in com̄ E. ad festa &c. Soluend' tam ꝑ manus meas ꝓprias, quā per manꝰ balliuorū, receptor̄, firmarior̄, siue tenentium manerij praed' pro tempore existentiū. Et si contingat &c.

¶ A graunt of annuity made by a Parson of a Church to indure so long as he shall be Parson.

OMnibus &c. I. H. Clericus rector̄ Ecclesiae parochialis de L. in Sect. 308. com̄ S. salutem. Sciatis me praef. I. pro bono consilio, dedisse &c. eidē R. quandam annuitatem &c. Habend' praef. R. quandiu ego praed' I. rector Ecclesiae praed' extitero. Soluend' annuatim &c. Et si contingat &c. Dat̄ &c.

¶ A graunt of annuity with condition that the wife shall claime no dower.

OMnibus &c. Sciatis me praefat̄ H. dedisse &c. H. M. &c. primo Sect. 309. die solutionis inde incipiēd' ad tale festū festor̄ praed', qd' post mortē mei praed' H. primo et prox' euenerit. Habend' & ꝑcipiend' p̄d' annuitatē siue annual' reddit̄ xx. li. ad festa praed' in forma p̄dict'. Soluend' praef. T. B. execut̄ & assign̄ suis pro termino vitae cuiusdā R. modo vx. mei p̄d' H. ad opus & vsū ipsius R. ad terminū vitae suae, pro [Page] & in considerac' & nomine totius dotis ipsius R. Habend' de omnibus illis manerijs, terris, & tenementis, quae nuꝑ fuer̄ vel modo sunt mei praed' H. Et si contingat praed' annuitat̄ siue annual' reddit̄ xx li. vel alicuius inde parcel' aretro fore post mortē mei ipsius H. ad aliq [...] festum &c. Prouiso semper quod si praed' R. seu aliqua alia persona, siue person̄ eius nomine & per eius assensum, actum, vel procuration̄, aliquo tempore post mortem dicti H. aliquod ius, titul', clameum aut demand' nomine dotis suae, de, & in praed' maner̄, terris, ten̄tis & caeteris praemissis, aut in aliqua inde parcella habere clamauerit, seu demandauerit quouismodo, quod extunc & exinde solutio praedict' annuitat̄ siue annual' reddit̄ praed' xx. li. aut alicuius inde parcel', cessabit, & ista praed' cōcessio eiusd, deinde cessabit & frustrabit̄, hoc praesenti script̄ meo, siue aliqua re siue materia in eodem script̄ in cōtrar̄ specificat̄ seu expressa in aliquo non obstante. In cuius &c.

¶ A grant of annuitie made to a woman, to begin after the death of her husband vpon condition.

OMnibus &c. W. R. &c. Sciatis me praef. W. in complement̄ quarundam Sect. 310. conuention̄, concession̄ & agreamentorum content̄ & spec' in quibusdam indenturis, quarum dat̄ est vltimo die Maij, ann̄ &c. fact' inter T. P. de E. ex vna parte, & me praef. W. R. ex altera part̄: dedisse, concessisse, & hoc p̄senti scripto meo indentato confirmasse M. vx. dicti T. quand' annuitat̄ &c. Habend & percipiend praed, &c. praef. M. & assign̄ suis pro term̄ vitae dictae M. Soluend' annuatim ad duos anni term̄, viz. ad festa &c. per aequales porcion̄ in Ecclesia parochiali de S. praed'. Et si contingat praed' annuitat̄ &c. Prouiso semper quod ista praed' concessio annuitatis siue annualis reddit̄ quatuor marcar̄ non capiat aliquem effectum, nec alicuius sit valoris durante vita dicti T. P. sed immediate post mortem ipsius T. Et qd' prima inde solutio erit ad primum festum festor̄ praedictor̄ prox. accident̄ post mortem ipsius T. Prouiso etiam semper quod si dicta M. aliquo tempore post mortem dicti T. aliqd' ius, titul', clameum, aut demand' nomine dotis siue iuncturae suae, de, & in praed' terris & ten̄tis, seu in aliqua inde parcella, per se ipsam siue aliquam aliam person̄ clamauerit aut vindicauerit quouismodo, qd' tunc & extunc solutio p̄d' annuitat̄ seu annualis reddit̄ quatuor marcar̄ praed' & cuiusque inde parcellae cessabit, & ista praed' concessio eiusd' deinceps cessabit, & frustrabit̄: aliqua re siue materia in hoc praesent̄ script̄ in contrar̄ specificata seu expressa non obstante. In cuius rei &c. velsic.

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Prouiso etiam semper quod si praed M. aliquo tempore post mortem dicti T. praetextu alicuius iuris, tit̄, clamei aut interesse pro, aut in nomine dotis seu iuncturae sue placitauerit, clamauerit siue expulerit quouismodo praed' W. R. haered' vel assign̄ suos pro, aut de praed' terr̄, & ten̄tis, seu aliqua inde parcella, quod tunc & extunc illa praed' solut̄ annuitatis &c. vt supra. In cuius rei testimonium vtrique parti huius p̄sentis scripti [...]ei indentati figillum meum apposui. Dat̄ &c.

¶ A Grant of annuity to the vse of a woman to begin after death of the grantor.

OMnibus &c. T. P. &c. Noueritis me p̄f. T. P. dedisse &c. I. M. & Sect. 311. W. R. quādam annuitat̄ &c. Habend' &c. praef. I. & W. & assign̄ suis pro termino vitae A. K. & ad vsum ipsius A. K. pro termin̄ vitae suae, quam ego praed' T. propon̄ (diuina gratia) habere in vxor̄ meā: Soluend &c. Primo term̄ solutionis inde incipiente ad illud festū festor̄ praed' quod prius acciderit post mortem mei praed' T. & non antea. Et si contingat praed' &c. In cuius rei &c.

¶ A Grant of annuitie for terme of life, pro consilio impend' &c.

OMnibus &c. N. W. &c. Sciatis me praef. N. dedisse, &c. pro consilio Sect. 312 suo impenso & imposterum impend, quandam annuitatē siue annualem redd 13. solidor̄ exeunt̄ de omnibus terr̄, ten̄ & haered meis in S. in com̄ E. Habend &c. redd praef. T. ad terminum vitae suae, soluend &c. Et si contingat &c. Dat̄ &c.

¶ Nota si home ne voile que son ꝑson soit charge de cest annuity, mestant solement son terre, donques doit este tiel clause escrie in le fine de son fait, Prouiso semper quod praesens scriptum, nec aliquid in eo specificat̄ non aliqualiter se extendatad onerandum personam meam per breue annuitatis, seu alio modo quocun (que), sed tantummodo ad onerand terras & ten̄ta mea praed' de annuali redditu praed' &c. Car donques l [...] terre est charge, & le person discharge, &c.

¶ A Couenant that the lessee may loppe woods.

ANd the said H. S. for him, his heires, & executors, couenanteth Sect. 313. and granteth by these presents, to, and with the said R. L. & his executors: That it shall be lawfull for the said R. L. his executors, & assignes, yerely during the said terme of xl. yeres, to croppe, and top all & singuler the woode & trees growing and being, in and vpon the premisses, [Page] and to take aswell all the same lops, crops, & tops, as also all the vnderwoods, growing, & being, in, and vpon the premisses, to the onely vse & behoofe of the said R. L. his executors & assignes &c.

¶ A Couenant that the Lessor may enter and make fallowes.

PRouided alwaies, & neuerthelesse it is couenanted, concluded &c. Sect. 314. by & between the said parties to these presents, And the said R. I. for himselfe &c. doth by these presents &c. to, and with the said W. W. his heires and assignes &c. that it shall and may be lawfull, to, and for the said W. W. his heires & assignes, & euery or any of them, at all & euery time & times conuenient within the last yere of the said terme of xxi. yeres, to enter into, & haue so much of the demised tenements & premisses with thappurtenances, as in the same yere shalbe meete to be fallowed, and to eyre, plow, & fallow the same, & euery or any part therof, according to the vsage and custome of the countrie there in that behalfe, without any let, interruption, or disturbance of the said R. I. his executors or assignes, or of any other person or persons, by his or their, or any of their meanes, assent, or procurement.

¶ A Couenant that the Lessee shall not assigne.

PRouided alwaies, that the said P. his executors or assignes shall Sect. 315. not demise, set, let, giue, or grant the said whole term of yeres, yet to come, of, & in the said manor & parsonage, & all other the premisses, to any person or persōs other then to the wife, child, or children of the said P. or any other person or persons to any of their vses, except only to the said I. M. or W. M. sonne & heire apparant of the said I. if the said I. or W. wil giue & yeeld vnto the said P. M. his executors or assignes, as much in money for the same, as any other indifferēt person will do, w^tout any fraud, couin, or collusion. And if the said I. or W. do refuse to giue as much money for the said terme, or any part therof, of the premisses or any part thereof, as any other indifferent person will, without fraud, couin, or collusion, as abouesaid: that then & from thēceforth it shalbe lawfull to the said P. his executors &c. to giue, grāt, aliē, or assign the said term, or any part therof to any person or persōs, at his or their pleasure, any thing herein contained to y^• contrary notwithstanding. Also the said P. couenanteth &c. for him, his executors &c. to & with y^• said I. M. his executors & administrators by these presēts, y^• if the said P. do die vnmaried, & w^tout issu lawful, that then it shalbe lawful to y^• said I. M. & to his assigns, during the life of the said I. to enter into y^• premisses, & euery part therof, & to receiue, leuy, & take the issues, reuenues, & profits of the same, to his only vse & cōmodity, during only y^• life of y^• said I. paying, performing, fulfilling [Page] all and singuler the couenants, grants, articles, and agreements, contained & mentioned in the said former Indenture, of, for, & during the time and times that the said I. shall haue, occupy, or inioy the said premisses, or any part or parcell thereof after the death of the said P. vnmaried, & without issue, in maner & form aforesaid, or els not. And if the said P. happen to die vnmaried & without issue, that the premisses & euery part therof, during the said terme, shal come, remain, & be after the decease of the said I. to the brethren of the said P. or to any or diuers of them, or to any other person or persons to his or their onely proper vses & profits, in such like maner & form, as the said P. shal deuise or assigne, by his last will & testament, without paying any thing for the same, or otherwise to be charged or incumbred by any maner of meanes or waies for the same, other then is declared & mentioned in the said former Indentures, except only for the due debt of the said P. wherwith the said P. may happen to charge them in his last wil & testament. Prouided alwaies, that if it happen the said yerely rent of &c. or any part or parcell therof to be behind vnpaied in part or in all, one fortnight next after the last day or time of any day of paymēt appointed, in the said former Indenture &c. And also if the said P. his &c. do not or shal not hereafter perform, fulfill, & execute all & euery of the couenants, grants, articles, & agreemēts contained & specified in the said former Indēture, which of the part of the said I. & his &c. are to be obserued, performed, fulfilled & kept, or els if the said P. his &c. do not, or shal not hereafter obserue, perform, & fulfil all & singuler the abouesaid couenants, grants, articles, & agreements contained & specified aboue in this present Indēture, which of the part of the said P. or his executors &c. are to be obserued, performed, fulfilled & kept: that then & from thenceforth it shalbe lawful to the said I. his &c. to enter into all & singuler the premisses with thappurtenances, & into euery parcel therof, & the same to retain & haue as in his former estate: this Indēture or any thing therin contained to the contrary notwithstanding. Further the said P. M. couenanteth &c. for him, his executors &c. & with the said I. M. his executors & administrators by these presents, that he the said P. shal yeeld, pay, & deliuer, or cause to be deliuered vnto the said I. M. & his assignes, during y^• term of xx. yeres next comming after the date hereof, xvi. quarters of wheat, xx. quarters of oates, good, sweet, marchantable, & clean dight, & vi. loads of wheaten straw, & vi. loads of oten straw, at the feast of S. M. tharch. next comming after the date hereof, & after the feast of S. M. tharch. to deliuer all the residue of the said corne abouesaid, monthly, by euen poreions [Page] during the said terme of xx. yeres. Also the said I. couenanteth and granteth, that when & as often as the price of wheat shal amount and rise aboue vi. s. viii. d. in a quarter, which is after x. d. the bushel, & the price of Otes shal arise & amount aboue ii. s. the quarter, which is after iii. d. the bushell: That then the said I. his executors & assignes, shall allow the said P. asmuch in money as shal so arise aboue the prices aforenamed, limitted, & appointed, from yere to yere. And also the said P. couenanteth and granteth, that if it happen the said I. M. to decease & depart this present life vnto almighty God, before E. M. mother vnto the said P. M. and before the said terme of xx. yeres be fully expired: that then the said P. shall yeeld, pay, and deliuer, yerely from thenceforth during the said xx. yeres, vnto the said E. or to her assignes, during the residue of the said xx. yeres then to come, v. quarters of Wheat, and sixe quarters of Oates. Prouided alwaies, that if the said I. & E. do both depart from this present life before the said term of xx. yeres be fully expired, that then and from thenceforth the deliuerie of all the said Corne & Straw, in forme aforesaid, to cease, and not to be due, or payable, These two articles or clauses last before mentioned, or any thing in them, or any other matter, clause, or thing, whatsoeuer it be in this Indenture contained, or otherwise, to the contrary notwithstanding. In witnesse &c.

¶ A Couenant by the Lessee to depart.

PRouided alwaies, and neuerthelesse it is couenanted, condiscended, Sect. 316. concluded, and fully agreed between the said parties, and the said E. D. for him, his heires, executors, & administrators, couenanteth by these presents, to and with the said A. B. his heires, executors, administrators, & assignes, that if the said A. B. his heires, executors, administrators, or assignes, or any of them do well & truely content and pay, or cause to be contented vnto the said E. D. his heires, executors, administrators, or assignes, or any of them, the summe of &c. at one whole and entier payment, at, or vpon the day of &c. in the Hall of Lincolns Iune in the County of Middleser, between the houres &c. without fraud or couin: That then & from thenceforth and after the payment of the said summe of &c. the said bargain and sale of the said capitall mansion with thappurtenances & all other the aforesaid mesuages & hereditaments with their appurtenances before bargained and sold, shalbe clerely void and of none effect: And that then & from thenceforth the said E. D. and his heires, and all & euery such person or persons, & their heires shalbe, stand, & be seised in the said Capitall [Page] mansion and other the premisses with their appurtenances, and euery part and parcell therof, to the only vse of the said A. B. and the heires and assignes of the said A. B. for euer, and to no other vse. And that then the said E. D. his heires or assignes, shall deliuer, or cause to be deliuered vnto the said A. B. or the heires or assignes of the said A. B. all and euery such deed & deedes, euidences, charters, writings, escripts, & muniments, concerning the premisses, which he shall haue receiued of the deliuerie of the said A. B. or of the heires or assignes of the said A. B. and for default of payment of the said summe of &c. vnto the said E. D. his heires or assignes, as is aforesaid, made, & not performed: That then & from thenforth the said bargain, sale, & assurance of the said capitall mansion or dwelling house, and all other the premisses shall be good & auaileable to the said E. D. his heires and assignes to their vse for euer absolutely without any maner of condition: And that thenceforth the said E. D. his heires & assignes shall quietly occupy & inioy all & singuler the premisses with their appurtenances to his or their own vse & behoof, without let or interruption of the said A. B. his heires or assignes, or any other person or persons in his or their name or names, interest, or behalfe, or by his or their assent, means, or procurement: This Indenture or any thing therin contained, to the contrary in any wise notwithstanding. In witnesse &c.

¶ A grant of a fee or chiefe rent with homage and seruice.

SCiant &c. quod ego W. H. dedi, concessi, & hoc praesenti charta Sect. 317. mea confirmaui R. M. totum reddit̄ meum de xxx. s. homag' & liber̄ seruiciū exeuntia de vno ten̄to & quatuor virgatis terre I. S. in D. cum oibus pertinen̄: Quod quidem ten̄tum & quatuor virgatae terrae quondam fuerunt E. S. Habend' & percipiend' praed' &c. pref. R. W. heredibus & assignatis suis imperpetuū. Soluendo, faciendo, & reddēdo eisdē modo & forma, sicut p̄dictus I. S. & eius antecessores mihi & antecessoribꝰ meis facere, soluere, & reddere consueuerunt. Et si contingit pred' reddit̄ xxx. s. aretro &c. extūc bene liceat p̄fat̄ R. W. haeredibꝰ & assign̄ suis in p̄dict̄ &c. In cuius rei &c.

¶ A grant of Annuitie for ministration of Gods seruice.

REx omnibus ad quos praesentes litere peruenerint, salutē. Sciatis Sect. 318. quod nos intuitu charitatis, dedimus & concessimus dilecto [Page] subdit̄ nr̄o T. S. capellan̄ ꝓ ministratione diuini seruic' infra ecclesiam sancti G. de H. infra dominium de W. ac ad orand' pro nobis & p̄charissima consorte nr̄a Regina exituque nr̄o, quand' annuitat̄ x. marcar̄ sterl'. Habend' & ꝑcipiend' annuat̄ durante vita sua de feod firm̄ dn̄ij nr̄i vocat̄ N. infra com̄ nr̄um E. ꝑ manus vicecom̄ firmarior̄ seu alior̄ occupator̄ eiusd' ꝓ tempor̄ existen̄ ad festa &c. Aliquo actu, ordinatione seu statut̄ inde in contrar̄ fact' non obstant̄. In cuius &c.

¶ An annuitie or yerely fee giuen to a seruant for promotion of a mariage.

CHristianis vniuersis praesens scriptum inspecturis siue audituris Sect. 319. R. M. Armiger, salutē in auctore salutis, & fidē indubiā praesent̄ adhibit̄. Cum nonnulla spes matrimonij inter R. A. famulū meum, & A. O. (annuente Deo) futuri affulget. Scitote me eundem R. (vt qui commodum & vtilitat̄ dicti famuli mei propter obsequiū mihi in famulatu suo ingenue & diligent̄ p̄stitum plurimum augere velim, quo commodius inter eos viueret̄) dedisse, concessisse & hoc p̄senti scripto meo confirmasse praef. R. A. & A. quandam annuitat̄ &c. exeunt̄ de maner̄ &c. Habend' gaudend', &c. eisdem R. A. & A. & eorum vtri (que) diutius viuenti & assignatis suis durante vita mei praef. R. ad festa &c. Et si & quoties contingat &c. plenarie fuerit satisfactum & persolutū vna cum damnis & expensis suis in ea parte sustinendis. Prouiso semper quod si dict' nuptiae non successer̄, nec consummatae fuerint, aut si ijdem R. A. & A. ꝑ me aut mea causa aliquo modo promotifuer̄ siue obtinuerint, aut promoueri siue obtinere possint, auteor̄ alt̄ potest aliquam annuitat̄ seu annualem redd terr̄, ten̄ta seu hereditam̄ta, aut aliquam certitudinem victus, habend' eis durante vita mea, annui valor̄ x. li. aut maioris, quod extunc praesens scriptum penitus irritum erit, praemissis non obstantibus. In cuius &c.

¶ A Grant of annuitie out of lands.

THis Indenture made &c. betweene A. C. &c. & I. C. &c. on the one Sect. 320. party, & R. M. &c. on the other party, Witnesseth, that the said A. C. & I. C. aswel for & in consideratiō of the ful summe of one thousand pounds of &c. As also for diuers &c. hath giuen and granted, & by these presents doth giue, & graunt for him & his heires vnto the said R. M. his executors &c. one annuity of an hundred pounds of &c. by yere by the said A. C. his heirs &c. from thenceforth yerely to be paid to y^e said [Page] R. M. his executors, administrators or assignes, by and during the whole terme of threescore yeres fully to be complet and ended, at the vsual place of receipts and payments of money, scituate in the West end of the Royall exchange in L. at two equall paimēts in euery yere: That is to say, on the last day of M. fifty pounds of &c. and on the last day of No. fifty pounds of like &c. The first paiment thereof to begin and be made on the last day of May next ensuing the date hereof, And so from thenceforth the same annuity to haue continuance and to bee yerely payed vnto the said R. M. his heires, executors &c. vpon the said daies at the place aforesaid, during the said whole terme of threescore yeres fully to be complete and ended. And the said A. C. for him &c. doth couenant &c. That if and as often as it shall happen the said annuitie of one hundred pounds, or any part or parcell thereof to be behind vnpayd by the space of eight and twenty daies, ouer or after the said last day of M. or the last day of N. or ouer or after either of them: That then and so often as it shall happen during the terme aforesaid, the said A. C. his heires &c. shall forfait and lose to the said R. M. his &c. the summe of xx. Markes of &c. in the name of a paine. And then and so often shall make full and true payment to the said R. M. his &c. at the place aforesaid, aswell of the saide twenty Markes in the name of a paine, as of that part of the said annuity of one hundred poundes whereof default shalbe made, as is aforesaid, within vi. moneths next after such default made, on the last day of May, or last day of N. as is aforesaide. And for the considerations aforesaide, and for a good and certain suerty and assurance to be had & made to the said R. M. his &c. of and for the said annuity of C. l. to him & them well and truely to be payd euery yere during the said whole terme of lr. yeres, according to the purport and true meaning of these presents: They the saide A. C. and I. C. for them &c. doe couenant &c. that they the saide A. C. and I. C. by fine or fines to be duly knowledged and leuied before the Iustices of the Queenes Maiesties Court of common plees at W. before the x. day of M. next ensuing the date of these presents with proclamations had and made thereupon, according to the order and course of the lawes and statutes of this Realme, shall and will sufficiently and lawfully conuey and assure to H. F. & H. H. and the heires of one of them, all that the manor and Lordship of G. with all and singuler &c. scituate, lying, being, arising, happening, renewing, growing, or comming in the towne, parish, fields or hamlets of G. or elsewhere w^t in the said county of L. to the said manor or Lordship of G. belonging, or in any wise appertaining: or occupied, vsed, demised or leased, to or [Page] with the same: or esteemed, taken, reputed, accompted, or knowen as part, parcell, or member thereof, or of any part or parcell thereof. And all & singuler other mesuages, milles, lands, tenements, meadowes, feedings, pastures, woods, vnderwoods, rents, reuersions, seruices, priuiledges, liberties, franchises, iurisdictions, preheminēces, & hereditamēts whatsoeuer of the said A. C. and I. C. or either of them, in the town, parish, fields, or hamlets aforesaid, or in any of them, by such sufficient and conuenient names & qualities as shall be requisite or meete: And with warrantie from them & their heires against all persons. Which said fine or fines so to be acknowledged and leuied shall be. And the said H. F. and H. H. and their heires shal therevpon stand and be seised, of, and in the said manor, & all other the premisses & euery part therof, to the onely vse & behoofe of them the said H. F. and H. H. and their heires vpon trust & confidence: Neuerthelesse, and to the end & intent that therupon a good & perfect recouerie shall and may be had of the said manor & other the premisses against them the said H. F. and H. H. by such persons & with such vouchers ouer, and to such vses, intents, & purposes, as hereafter in & by these presents is expressed and declared. And the said A. C. and I. C. for them and their heires do further couenant &c. that before the xx. day of M. next comming after the date of these presents a good & perfect recouerieby writ of Entre sur disseisin en le post, according &c. (as in couenants to suffer recoueries with double voucher.) And it is further witnessed, declared, couenanted, condiscended, concluded, and fully agreed, by & betweene the said parties to these presents: That the said recouerie so to be had and suffered, as aforesaid, and all other recoueries, conueyances, and assurances whatsoeuer after the said x. day of M. to be had, made, leuied, acknowledged, or suffered by the said A. C. and I. C. or either of them of the premisses, or of any part thereof, by any name or names whatsoeuer, and the full execution of them, and euery of them shall be, and shall be adiudged and taken to be to the vses, intents, & purposes hereafter in these presents limitted, appointed, expressed, and declared, and to none other vse, intent, or purpose: that is to say, vnto the vse and behoofe of the said A. C. and the heires males of his bodie lawfully begotten: And for default of such issue, to the vse of the right heires of the said A. C. The same vses and estate so to continue onely vntill default shalbe made of, or in payment of the said annuitie of C. pounds, before by these presents granted, or of any part therof, at the place aforesaid, vpon any the last day of M. or the last day of N. or either of them. And by y^• said space of [Page] sixe moneths next following, or of, or in payment of the said paine or penalty of twentie markes, or any part therof, as aforesaid, contrary to the true meaning of these presents, and from and immediatly after any such default of payment had and made, as is last aforesaid: Then the said recoueries, and other the assurances aforesaid shall be, and shall be adiudged and taken to the onely and proper vse and behoofe of the said R. M. and of his heires and assignes, for, and during the whole terme of threescore yeares immediatly from and after such default of payment, as is aforesaid, to be fully compleat and ended, and to none other vse, intent, or purpose. And from and after the end, determination, or surrēder of the said terme of threescore yeres, then to the vse and behoofe of the said A. C. and the heires males of his bodie lawfully begotten: And for default of such issue, to the vse and behoofe of the right heires of the said A. C. for euer, as if no such default of payment had bin: Any thing or matter whatsoeuer to the contrarie therof in any wise notwithstanding. And the said A. C. & I. C. and either of them for their and either of their heires and assignes do couenant, promise, and graunt, to, and with the said K. M. his heires, executors, and assignes, and euery of them by these presents, that at the time of the said recouerie so to be had, the said H. F. and H. H. or the suruiuor of them, shall stand and be lawfully seised of the freehold and inheritance of the said manor and other the premisses. And that the said manor or Lordship, and all and singuler other the premisses in these presents mencioned with the appurtenances, and euery part & member thereof, from and after any default of payment by the space of sixe moneths, contrary to the tenor, forme and effect of these presents, of, or in the said annuitie, or any part or parcell thereof, shall be & remaine vnto the said R. M. his heires and assignes, for, and during the said terme of xl. yeres free and clere, and freely and clerely acquited and discharged, or otherwise from time to time vpon reasonable request well and sufficiently saued and kept harmelesse by the said A. C. his heires &c. of and from all maner of other bargaines, sales, grants, &c. The chiefe rents &c. and all lawful leases &c. whereupon the old rents are or shall be reserued and shall be yerely paiable after such default made to the said R. M. his heires, for and during the said terme of xl. yeres only, excepted and foreprised. And further the said A. C. and I. C. &c. that from and after such default made, the said premisses shall be and shall remaine and continue vnto the said R. M. his executors and assignes, for and during the said term of threescoore yeres, of the ful clere yerely value of one hū dred [Page] and fifty pounds of lawfull English money, ouer and aboue all charges and reprises. And moreouer that the saide R. M. his heires & assignes, shall and may from thenceforth during the saide terme of threescore yeres peaceably and quietly haue, hold, and enioy all & singuler the said manor & lordship, & all other the premisses before mentioned, and euery part, parcell & member thereof, without any let &c. (except before excepted.) Prouided alwaies, that if the said A. C. h [...] heires and assignes, shall make any such default in payment, as is aforesaid, so that the said R. M. his heires and assignes by reason of the same default, shall or may from henceforth possesse, inioy, receiue and take, all & singuler the rents, reuenues, issues and profits of all & singuler the premisses with the appurtenances according to the true meaning and purport of these presents: That then the saide annuity before these presents granted, shall cease and determine. And moreouer the said A. C. & I. C. & either of them &c. That they the said A. C. & I. C. their heires & assignes, & all & euery person & persons hauing, claiming or pretending to haue: or which of right ought to haue, claime or pretend to haue any estate, right, title, interest, vse, possessiō, reuersion, remainder, inheritance or demand of, in or to the premisses, or any part, parcell or member thereof, shall & wil at all times, & from time to time, from & after such default in payment, as is last before mentioned, during the space of fiue yeres then next insuing &c. deuise and deuises whatsoeuer, be it by deede or deeds inrolled or not inrolled, fine, feoffement, recouery, release, confirmation with warranty against al men, or without warranty, for the further, more better and perfect assurance vnto the said R. M. his heires & assignes for and during the said terme of 60 yeres, without any condition, as by the said R. M. his heires &c. In witnesse &c.

¶ Annuitic by a Bishop.

OMnibus &c. G. P. Archiepisc' D. Decanus & capit̄ Ecclesiae Cathedral. Sect. 321. S. P. iuxta D. salut̄ &c. Noueritis nos p̄fat̄ G. Archiepiscop̄ Decan̄ & Capit̄ praedict' ex vnanimi assensu & consensu nostris & voluntate totius Capit̄ dediffe, concessisse, & hoc praesenti script̄ nostro confirm̄ de nobis & socc' nostr [...]s. W. F. vnum annual' redd &c. exeunt̄ & exitur̄ de omnibus mess. terr̄, ten̄t̄, redd' reuerc', seruic', decimis & omnibus alijs reuenc' & emolument̄ spiritual' ipsius Archiep̄ vel Archiepiscopat̄ sui &c. Habend' &c. de omnibus praed moss. &c. p̄f. W. & ass. suis ꝓ term̄ vitae ipsius W. Soluend' &c. ad festa [Page] &c. Et si contingat &c. (vt in alijs districtionibus.) In cuius rei testimon̄ tam nos p̄f. G. Ep̄s Archiep̄ sigill' nr̄um, quam nos praed' Decanus & Capit̄ sigill' nr̄um commune apposuimus. Dat̄ domo nostra capitul' &c. x. die &c.

¶ A grant of annuitie for the releasing of a title into land, according to an award.

OMnibꝰ christi &c. M. H. &c. Sciatis me p̄f. M. H. in considerac' Sect. 322. cuiusdā sursumredditionis & relaxationis mihi praef. M. H. et cuidam I. B. & vtrique nr̄m, per T. C. et I. C. & eorum vtrum (que) fact̄ de toto titulo, stat̄, clam̄, term̄, demand', et interesse, quā vel ijdē T. & I. et C. nu ꝑ habuerint vel alt̄ eorū habuit, de aut in maner̄ de F. cum ꝑtin̄ in com̄ N. ac de & in oībus ten̄tis &c. ac in ꝑformation̄ & iuxta effectū cuiusd' arbitrij per H. S. et W. B. ac R. C. et B. C. inde nuper confect', dedisse, concessisse, & hac p̄senti charta mea p̄f. M. H. confirmasse praed' I. C. quandam annuitat̄ &c. exeunt̄ de p̄dict̄ &c. cū eor̄ pertin̄. Habend' p̄f. I. C. execut̄ &c. Et si et quoties conting. praed' &c. (vt in alijs districtionibus &c.)

¶ A grant of a pension in recompence of an appropriation.

OMnibus &c. D. permissione diuina Abbas Monasterij, beate M. Sect. 323. de M. dioces. & eiusdē conuentus, Salutem in domino sempiternam vniuersitat̄ vestrae volumꝰ esse notum quod cum venerabilis in Christo pr̄ domin̄ R. dei gratia Ep̄s L. de consensu capituli sui Ecclesiam ꝑochial' dioc' & nr̄i patronat̄ nobis ac monaster̄ nostro canonice appropriauit, & in propr̄ vsus cōcesserit, cum suis iuribꝰ & pertin̄ vniuers. perpetuo tēpore possidend', considerans qd' dictus Ep̄us tēporibus suis praecess. & praedecessor̄ sui suis tēpor̄ fructus & obu [...] ̄tiones dictae Eccles. de P. tēpore vacationis eiusdē eccles. perceperunt, & percipere cōsueuerunt a tēpore cuius contrariū memoria homin̄ non existit, quos [...]am eo quod praed' Eccles. ration̄ appropriationis hm̄diampliꝰ vacare non poterit, nec dict̄ dn̄s Ep̄s nec eius successor̄ futur̄ deinceps ꝑcipere non poterunt nec habere, aliaque dampna non modica p̄d' Ep̄s & Capitul' eo p̄text̄ sentire poterit occasion̄ appropriationis hm̄di forsan in futur̄: Nos Abbas et Conuent̄ p̄d' hoc pleniꝰ attēdentes habit̄ circo p̄miss. et ea cōtingen̄ deliberatione & cōsilio cum viris per [...]is, & in domo capitular' int̄ nos pleno cōmuni consilio & frequent̄ tractor̄ concurren̄, & oibus requisit̄ solemniter in hac ꝑte (ne dict' dn̄s Ep̄ꝰ & Capitul' p̄textu dict̄ appropriationis damnū sentiāt in futur' aliqualiter aut iacturā) cōcessimꝰ prefat̄ Ep̄o & Capitulo xl. s. legalis monetae Angliae nomino annuae [Page] Pencionis de ecclesia de P. memor̄ in recompensationem dampnorum quae per appropriation̄ p̄dict' sentire poterint; & a tempore pacificae possessionis dict' ecclesiae de P. per nos vel successor̄ nostros adept [...] ad duos anni terminos, viz. Ad festa P. & M. per equal' porciones Capitulo supradicto, vel eius procurator̄ qui pro temporefuer̄ in eccles. Cathedrali praed' soluend'. Ad quam quidem solutionem modis quibus praemittit̄ fidelit̄ faciend' nos & success. nostros & monaster̄ nostr̄ praed' inperpet̄ oblig. Submitt̄ nos & success. nostr̄, ac ecclesias de L. & P. p̄d' per cand' obligation̄ iurisdict' & coherc' dn̄i Epis. L. & eius official' ac Arch' L. qui pro tempore fuerint, Vt si vnquam (quod absit) nos & successor̄ nostr̄ in solutione dict' pecuniae loco & termin̄ statutis defecerimus seu defecerint in hac ꝑte, possint, & quilibet eorum poterit per se imperpet̄ compellere nos in ecclesijs de L. & P. antedictis per sententiam interdict' suspension̄ & excommunicationis, ac per corund' fructuū sequestrationem necnon ꝑ aliū modum quemcunque, prout melius & facilius praef. Episc' & Capit̄ videbitur expedire, quousque eisd' Episc' & Capitulo de dict' pecuniae summa, loco quo praemittit̄, plenar̄ fuerit satisfact' praeter expens. quas obinde fecerint & p̄ter interesse suum, ꝓ quibus eisd' similt tenemur integre satisfacere nulla omnino remissione petenda renunc' imperpetuum pro nobis & successor̄ nostris, ac ecclesijs de P. & L. supradict' tam ecclesiastic' quam regular̄ & cuiuscunque potestatis secular̄ exibition̄ impedition̄ priuileg' recusac' supplicac' in integrū restitution̄ excusation̄ cancellac' dilec' & excepc' ꝑ nos vel successor̄ nostros impetrat̄ seu imposterum impetrandꝰ omnisque iuris & fact' remed' quod nos & successor̄ nostros, ac ecclesias de L. & P. supradict' contra praed' solution̄ & obligac' siue in principal' siue in incident̄ emergent̄ quaestion̄ qualicunque & vndecunque tueri poterit quouismodo, & qd p̄sens obligatio tunc stabit suo robore & effectu. In quorum omnium robur & testim̄ sigilla nostra praesentibus sunt appensa. Dat̄ apud M. in domo nostra capitular̄ x. die M. &c.

¶ A graunt of a Corodie.

OMnibus &c. N. Abbas Monast, beatae Mariae Ebor̄ & eiusd' loci Sect. 324. Conuent̄ salutem &c. Nos vnanimi consensu & assensu nostro concessisse, & hoc praesenti scripto nostro indent̄ confirmasse W. S. quoddam Corrodium ad totam vitam suam, percipiendo de nobis & success. nr̄is in domo nostr̄ quolibet die quatuor panes melior̄ pastus scilicet de pane conuent̄: & duos panes mediocris pastus scilicet de [Page] pane liber̄ seruientium, duas lagenas ceruisiae, vnam de ceruisia conuentuali, & aliam de ceruisia liberor̄ tenentium, duoque fercula carnea vel piscea secund quod dies expostulauerit: Et quolibet anno vnam robam pro se de secta armig' nostrorum pro hyeme, & aliam ꝓ estate, et aliam robam pro famulo suo de secta liber̄ seruientium nostrorum in hyeme, & vnam togam pro aestate suo statui competent̄: Ac duas carectat̄ ligni focalis, & duas carectat̄ foeni pro equo suo, & vnam carectat̄ straminis pro lecto suo ad ostium domus mansionis suae. Et si inrra dictam Abbathiam nostram morari voluerit, tunc volumus quod illa domus quae vocat̄ Siphons, cum salario super aedificat̄ & gardino cis assignat̄ sit illi appropriat̄ &c.

¶ A graunt of Safeconduct for yeares respiting Debts.

TO all true Christian people, to whome these present letters shall Sect. 325. come, A. B. of D. and E. F. Citizens of L. sende greeting in our Lord God euerlasting, Whereas G. H. in diuers summes of money to vs seuerally is indebted, which summes of money the saide G. H. is not, ne by likelyhood shall be of ability to pay and content, vnlesse we giue or grant vnto him our fauor and respite in payment of the same. Therefore know ye, that we the said creditors aboue named, and euerichone of vs moued with pity in consideration of the premisses, and of the good will and desire which the said G. H. hath to the contentation of the said dueties, haue giuen and granted, and by these presents giue and grant vnto the same G. H. or by whatsoeuer name or addition that he be named or called, and so to all them which for the saide G. H. to vs, or to any of vs standen or standeth bound or charged, our sure, free, and whole licence, liberty, & safeconduct, as much as in vs is: So alwaies that the said G. H. and all they which for him, or with him to vs stand bounden or charged, & other that be seruants, factors, and assignes of the said G. H. with all their goods, cattels, marchandizes, debts, duties, and other thinges, in all manner of places, freely, quietly, well, and peaceably at their liberty, may and shall by day and night, goe, come, abide, sviorne and dwell, passe and repasse, in, to, or from any citie, towne, village, or other place or places within this Realme of England, or without. And all the goods, wares, marchandizes, and all other things as bin aboue rehearsed, to dispose, as it shall like and please the same G. and all those person or persons that with, or for him to vs, or any of vs stand bounde and charged at all times & seasons from the day of the making hereof, vnto the end and terme of fiue yeares next and immediately insuing after the day and dayes of [Page] payment specified in the specialty or specialties wherin the [...] G. [...] any other persons for the same G. in any wise standeth bound and charged vnto vs. And that we or any of vs shall in no wise pursue, arrest, attach, hurt, withhold, let, or greeue: nor any other person or persons for vs, or any of vs, or in the name of vs; or of any of vs, by the aucthoritie, assent, will, and agreement of vs, [...] of any of vs, the said G. or those person or persons, or any of them, which for the same G. to vs, or any of vs in any wise standeth bound or charged by their bodies as fugitiues, nor otherwise, nor by their goods, cattels, marchandizes, or any other thinges of theirs, or of any of them for payment to be made to vs, or any of vs, of our said duties, or any part or parcell of them, or for to find to vs, or any of vs, any other or better suertie or suerties for concentation and payment of the same our duties, other then we or euerich of vs now haue and hath for the same payment of our said duties, or any otherwise, during the terme aforesaid, by reason or occasion of any deede, accompt, receit, trespas, buying, selling, contract, or any other thing, matter, cause, or groūd whatsoeuer it be, before the date of these presents, betweene vs, or any of vs, and the said G. and those persons which with, or for the same G. to vs, or any of vs stand bounden, charged or chargeable, had, made, mouing, or depending. And if it happen within the said terme, any money or goods to be attached or arrested in the name of vs, or any of vs, or by any other person or persons in the hands of the said G. or of them, or any of them, which for him to vs, or any of vs standeth bound, or be charged or chargeable by force of any bill or bills, plaint or plaints, against them, or any of them to be leuied or attached: that then we, he, or they of vs, in the name of whom any such bill or bills, plaint or plaints, shall be made or affirmed, shall put in suerty for the said bill or bills, plaint or plaints, and so vtterly dissolue and discharge the same attachment and attachments, when, and as soone as we, they, or he of vs in the name of whom the said attachment or attachments shalbe made or affirmed, shal thereto duely be required by the said G. or by them, or any of them, which for him to vs, or any of vs stand bound or charged, and euery of them, thereof we and euery of vs shal clerely discharge, as often as any such occasion or cause shal happen to fall, during the time aforesaid. And moreouer we all the creditors aboue specified will and grant, and euery of vs for his owne part willeth and graunteth to the said G. by these presents, that if it happen the said G. or them, or any of them, which for him to vs, or any of vs stand bound or charged in their owne persons, or [Page] in the person of them or any of them, or in, or by the goods, chattels, or marchandizes of them, or of any of them, at any time within the terme aforesaid, by vs or any of vs, or by any other person or persons, by the commaundemēt, will, procuring, aucthority, consent, or knowledge of vs, or of any of vs, against the tenor, forme, & effect of these our present lette [...] of Safeconduct, in any wise to be arrested, sued, impleaded, hurt, greeued, attempted, vexed, or hindered, and thereof after the forme abouesaid, be not deliuered nor defended: That then the said G. and those which for him to vs, or any of vs stand bound or charged, and their heires and executors by these presents shall be for euermore quite and discharged against him or them of vs, by whom the said G. and those persons which for him to vs, or any of vs stand bound or charged, or any of them, shall so against the forme, tenor, and effect of these our present letters of safeconduct be attempted, vexed, or hindered, and therof not released, dissolued, nor defended, according to the forme abouesaid, of all maner actions, suits, quarrels, challenges, recognisances, executions, and demaundes, whatsoeuer they be, from the beginning of the world vnto the day of such attempting, vexation, griefe, or hindering. In witnesse &c.

¶ A graunt of libertie to doe actes in ground.

THis Indenture &c. Betweene R. H. and R. G. Witnesseth, that Sect. 326. where the said R. H. hath bargayned and sold to the said R. G. and his heires for euer, two teneme [...]ts &c. Now the same K. for diuers good considerations him now mouing, hath giuen, graunted, and confirmed, and by these presents for him and his heires doth giue, grant, and confirme vnto the said R. G. his heires and assignes for euer, free libertie of ingresse, egresse, & regresse for them, theyr heires and assignes, and for their seruants, at all times necessary and conuenient, to enter into the ground and gardein plot, now in the tenure, possession, and occupation of the said R. H. to repaire and amend the part of the said two tenements next adioyning vnto the said gardein plot, either with timber work, stone work, reeding, thatching, daubing, or otherwise. And further the said R. H. for him &c. couenanteth, &c. quietly to permit and suffer the said R. G. his heires, executors; and assignes, and all and euery of them, together with his or their workmen, at all times conuenient and needfull, to haue free ingresse and regresse, in, and to the said gardein, for the carying and recariage of all such timber, stuffe, stone, morter, clay, reed, or thatch, [Page] which shall be needefull at any time whensoeuer, for the reparations aforesaid, without the let, denial, or interruption of any person or persons by his assent, consent, procurement, priuitie, or commandement. And further the said R. H. for him, his heires, and executors, couenanteth, and free liberty giueth & granteth vnto the said R. G. his heires, executors, and assignes, that he the said R. G. his heirs, executors and assignes, shall and may, and that it shall be lawfull to and for the saide R. G. his heires, executors and assignes, to set vp, and reare any ladder or ladders, stage, poles, & stages within the saide gardein at all times needfull and conuenient for the repayring of the part of the saide two tenements adioyning next the saide gardein plot. And the said R. G. for him &c. couenanteth &c. that he the said R. G. his heires or assigns, without fraud or couin, shall within two daies next insuing the ende of any such worke and reparations made and done, in, and vppon the said tenements, make cleane the saide gardein plot so annoyed, at any time by him or his workemen in the time of his said reparations, & the soile thereof to carry away, or cause to be carried away, out and from the said gardein plot, at the onely costs and charges of the foresaid R. G. his heires, executors, and assignes. In witnesse whereof &c.

¶ A graunt of a Wardship by the Queene.

REx omnibus ad quos &c. salutem. (a) Sciatis quod nos de gratia Sect. 327. nostra speciali, ac ex certa scientia & mero motu nostr̄, dedimꝰ & concessimus, ac ꝑ praesentes quantum in nobis est damus & concedimus dilecto & fideli subdito nostro T. F. generoso, custodiā omnium & singulorū maneriorum, terrarum, & tenementorū, redit̄, reuerc', seruic', vis. francipleg', libertatum, aduocation̄, patronat̄ ecclesiae capit̄ Cantuar̄, priorat̄, feod' milit̄, & omniūaliorum haereditamentor̄ quorumcunque cum omnibus suis pertin̄ in A. & alibi infra terr̄ nr̄ā Hibern̄, q [...]ae nuꝑ fuerunt R. B. de D. defuncti, aut alicuius alterius siue aliquorum alior̄ ad eius vsum seisiti vel seisitorum, & quae per finem post mort̄ ipsius R. B. ratione minoritatis E. B. filij & haeredis masculi de corpore p̄dicti R. B. exeunt̄, vel ratione cuiusd' actus Parliament̄, vel aliquo alio modo quocunque, siue ratione minoritatis dict' E. ad manus nostr̄ deuener̄ siue deuenire debuerunt, ac in manibus nr̄is iā existunt, aut existere debent, ac quouismodo in futur̄ ad manus nr̄as deuenient, aut deuenire debent, per fimem E. R. vxoris dicti R. ratione minoritatis dicti E. necnon custodiam & maritagium dict E. absque disparagac'. Habend' & tenend' custodiam omnium & singulorum [Page] maneriorum, terrarum, tenementorum, & caeterorum praemissorum, vna cum maritagio eiusdem E. eidem T. F. executoribus & administratoribus suis, durante minoritate dict' E. & quousque idem E. ad suam plenam & legitimam etatem peruenerit, & in manibus suis fore contigerit, & quousque legalis liberatio praedictorum maneriorum, terrarum, tenementorum, & caeterorum praemissorum facta fuerit, secundum cursum consilij terrae nostrae Hiberniae. Reddendo inde nobis, haered' & successoribus nostris annuatim ad Scaccarium nostrum Hiberniae praedict', ad festum Sancti Iohannis Baptistae x. li. legalis monetae terrae nostrae praedict'. Et si contingat praedict' E. obire antequam ad suam plenam & legitimam aetatem peruenerit, & antequam idem T. F. executores vel assignati sui effectum maritagij sui accepit vel acceperunt hoerede suo, vel haeredibus suis infra aetatem existente vel existentibus, tunc de vberiori nostra gratia damus & concedimus pref. T. F. executoribus vel assignatis suis custodiam omnium terrarum, tenementorum, & caeterorum praemissorū, cum omnibus suis pertinent̄ (vt p̄dict' est) ac custodiam & maritagium haeredis vel haeredum infra aetatem existentis vel existentium, durante minoritate huiusmodi haered', & sic de haeredibus in haeredes, quousque aliu [...], aut huiusmodi haeres ad plenam & legitimam aetatem peruener [...]t, ac quousque idem T. executores seu assignati sui effectum maritagij vnius eorum accepit vel acceperunt, absque aliquo alio compoto, seu aliquo alio redit̄ nobis, haeredibus, vel successoribus nostris red dendo, soluendo, aut faciendo. Insuper ex abundanti gratia nostra damus & concedimus eidem. T. F. custodiam omnium̄ manerior [...]m, terrarum, tenementorum, & caeterorum haereditamentorum q [...]orumcunque quae ad manus nostras deuenerunt, seu deuenire debe [...], ratione custodiae terrarum & tenementorum praedictorum, ac caeterorum praemissorū, vel ratione minoritatis praedict' E. Eo quod expressa mentio &c.

¶ A graunt of a Ward by the Queene.

REgina &c. Sciatis quod nos de gratia nostra speciali, ac ex certa Sect. 328. scientia & mero motu nostris, dedimus & concessimus, ac ꝑ p̄ sentes damus & concedimus dilecto seruienti nostro A. B. vni gromer̄ camerae nostrae, wardum & maritagium R. R. filij & haered' A. R. viduae defunctae: Necnon custodiam & gubernationem tam corporis praedict' R. quam omnium terrarum & tenementorum, prat̄, pascuor, & pastur̄ suorum quorum. unque, iacentium & existentium [Page] in parochia de B. in comitatu nostro S. vna cum reditu & proficuo eorundem, modo in dono & dispositione nostris existent̄, ratione minoris aetatis praedict' R. Habendum & tenendum wardum & maritagium praedict' R. &c. ac caetera praemissa, cum omnibus & singulis suis pertinentijs praefato seruienti nostro & assignatis suis, durante minore aetate praedict' R. de dono nostro, absque compoto siue aliquo alio nobis vel heredibꝰ nostris pro praemissis reddendo, soluendo, vel faciendo. Eo quod expressa mentio &c. In cuius rei testimonium &c.

¶ A graunt of the Mariage of an Heire apparant.

THis Indenture made &c. Betweene T. S. and W. M. Witnesseth, Sect. 329. that it is couenanted, granted, bargained, and agreed between the said parties, in maner and forme following: that is to say, The said T. hath bargained and sold, and by these presents bargayneth and selleth to the said W. the mariage of G. sonne and heire apparant of the said T. And if the said G. die before he be maried by the assent of the said W. or his assignes, then the said W. shall haue the mariages of K. and A. daughters of the said T. or the same mariage of the said G. or the mariage of the said daughters, and of either of them to be had and solemnized, at such time or times and place, and with such person, as the said W. or his assignes shall limit and assigne without disparagement. And the said W. his executors or assignes shall haue the guyding and keeping of the heire apparant or heire in deede of the said T. from the date of these presents, or as soone after as the same heire may conueniently be deliuered to the same W. or his assignes, be it male or female, or females, till the same heire if it be male shall come to the age of xxi. yeres, and if it be female or females, till they come to the age of sixteene yeres. And by all the same time the same W. and his assignes shall find, and cause to be found to the said heire or heires, meate, drink, and cloth, conuenient for his or their degree. And also shall find them to schole and learning conuenient for their ages, after the discretion of the said W. or his assignes, at the costes and charges of the said W. or his assignes. And the said T. shall cause such a sufficient, sure, and lawfull estate &c. to the vses and intent following. And in like maner the said A. C. and D. C. E. and F. and their heires, after the said suretie of the said manors, landes, and tenements with their [Page] appurtenances to them made shall stand seised, of, and in the same manors, lands, and tenements with their appurtenances, to the vses and intents following: That is to say, of the said manor of T. and of all the said lands and tenements in &c. to the vse of the said W. M. and his assignes, from the feast of &c. last past before the date of these presents, till the said G. come to the full age of xxi. yeres, and after the said G. be of that age, then to the vse of the said G. and of her that shal happen to be his wife, married by the assignement of the said W. or his assignes, and of the heires of the same G. And of the said manor of H. and of all the lands and tenemēts in E. which the same T. promiseth to be of the yerely value of &c. ouer all charges, and of the manor of P. and of all the lands & tenements in P. to the vse of the said T. S. till the said G. come to the age of xviii. yeres, then they to stand scised of the said manors of H. and P. and of all the said lands and tenements with their appurtenances in H. E. and P. to the vse of the same W. M. and his assignes, till the said G. come to the age of xxi. yeres, and after he come to that age, then to the vse of the said G. and his heires for euer: The said W. M. during his interest, and the said G. and his wife during their interests, yeelding for the said manor of P. to the said T. as long as he liueth yerely sower pound at the feastes of &c. And if the said T. S. decease (as God forbid) before the said G. come to the age of xviii. yeres, then they to stand seised of the said manors of H. and P. and of all the lands and tenements in H. P. and E. immediatly from the death of the said T. S. to the vse of the said W. M. and his assignes, till the said G. come to the age of xxi. yeres, and after that age, then to the vse of the said G. and of her that shall hāppen to be his wife, married at the assignement of the said W. or his assignes, and of the heires of the same G. for euer: And of the said manors of K. F. and S. and of all the said lands and tenements in K. F. and S. which Dame A. late wife of the said R. and mother to the said T. S. now holdeth for the terme of her life as her iointure, to the vse of the same A. for terme of her life, and after her decease to the vse of the said T. S. during his life without impeachment of wast: After his decease to the vse of the said W. till the said G. come to the age of xxi. yeres, and after that the said G. shall come to the age of xxi. yeres, then to the vse of the same G. and of his heires for euer: And of the said manor of E. and of all the residue of the said manor, landes, and tenements with their appurtenances, to the vse of the said T. S. for terme of his life, without impeachment of wast: And after his decease, to the vse [Page] of the said W. M. till the said G. come to the said age of xxi. yeres, and after the same G. come to the age of xxi. yeres, then to the vse of the said G. and of his heires for euer. And if it happen the said G. to decease before he come to the age of xxi. yeres, then the said W. M. and his assignes, shall haue all the said manors, lands, and teneinents with thappurtenances, which he should haue had till the said G. had bin of the age of xxi. yeres, if the same G. so long had lyued, vnto the time the said K. and A. and either of them come to the age of sixteene yeres. And if the said G. decease or be married by the consent and assent of the said W. M. or his assignes, or if the said G. be married by any of their assents, and the same G. decease before carnall copulation betweene him and his wife: then the said W. shall haue the marriages of the said K. and A. and of either of them beeing heire apparant or heire in deede to the said T. S. And the said feoffees shall then stand seised of all the said manors, lands, and tenements, to the vses and intents following: that is to say, The said manors of T. and P. and of all the said lands and tenements in T. and P. to the vse of W. till the said daughters and either of them be of the age of xvi. yeres, and they shall stand seised of the said manor of H. and of all the said lands and tenements in H. to the vse of T. S. till the said K. and A. his daughters, and either of them shall come to the age of sixteene yeres: And after that either of them be of that age of xvi. yeres: then the said feoffees shall stand seised of the said manors of T. P. and H. and all the said lands and tenements in T. P. and H. to the vse of the heires of the said K. and A. of their bodies begotten, and for lacke of such issue, then after the decease of their husbands, to the vse of the said T. S. and his heires for euer: And they shall stand seised of the said manor of F. K. and S. and of all the said lands and tenements in F. K. and S. to the vse of the said Dame A. for terme of her life: And after her decease to the vse of the said T. S. for terme of his life, without impeachment of wast: And after his decease, to the vse of the said W. M. till the same K. and A. shall come to the age of sixteene yeres, and then to them, and to the heires of their bodies begotten, and for lacke of such heires to the vse of the right heires of the said T. S. for euer. And of all the residue of the said manors, lands, and tenements, they shall stand seised to the vse of the said T. S. for terme of his life, without impeachment of wast: And after his decease to the vse of the said W. M. and his executors, till the said K. and A. and either of them shall come to the full age of xvi. yeres, and after they and either of them shall come [Page] to that age, then to the vse of the same K. and A. and of the heires of their bodies begotten, and for lacke of such issue, to the vse of the right heires of the said T. S. for euer. Prouided alwaies, that it shall be lawfull to the said T. S. to make a Iointure, or to assigne a Iointure in vse of the manor of G. with the appurtenances, to any woman that shall hereafter be his wife, if he shall hap to be maried, to haue to her for terme of her life onely, or els to make a graunt of an annuitie of xx. pound, or of a rent charge of xx. pound, to be perceyued yerely of the same manor, to the same woman that shall be hys wife, if any such hap to be, to haue to her for terme of her life onely, the said couenants notwithstanding. And if the said G. or the said daughters, or any of them being heire apparant or heire in deede of the said T. S. refuse to be married by the said W. M. or his assignes, and at his or their assignement: Or if the said sonne or any of the said daughters to be married at the assignement of any other person then of the said W. M. or his assignes, then the same W. M. or his assignes shall haue in recompence of such marriage CC. pound of lawfull money, to be perceyued by the same W. or his assignes, as it will yerely arise of the said manors of H. T. and P. and of the said lands and tenements in H. T. and P. and E. immediatly after the same heire that so refuseth to be married by the assignement of the said W. M. or his assignes, or that shall be married by the assignement of any other person then of the said W. or his assignes, shall come to the full age aboue limitted: that is to say, If it be male, to the age of xxi. yeres, and if it be female, to the age of sixteene yeres. And that the said feoffees immediatly from the time that the heire come to such full age aboue limitted, shall stand seised in the same manors, lands, and tenements, to the vse of the said W. M. and his assignes, till the same W. M. or his assignes haue receyued of the issues and profites of the same manors, lands, and tenements two hundred poundes of lawfull money: And after that CC. pound so receyued, they shall stand further seised to the vse that the same feoffees shall take the issues and profites of the same manors, lands, and tenements, till they haue receyued CC. markes, to be expended as be limitted by the last will of the said T. S. And if he make no will thereof, then it to &c. And if the said G. K. and A. happen to decease or euer they be married, and the said T. S. haue no issue of his bodie that may be married at the assignement of the said W. or his assignes: Then the said W. or his assignes shall haue in recompence for such marriage, and for such money as the said T. shall [Page] haue of the said W. by his CC. pound to be perceiued, as it will yerely growe immediately after the death of the last heire apparant, or heire indeede of the saide T. S. of the issues and profits of the same manors of H. T. and P. and of the said lands and tenements in H. T. and P. and that the said feoffees shall stand seised of the same manors, landes, and tenements, to the same vse and intent. And in case the said G. decease vnmarried, and the said W. M. marrie one of the saide daughters vnto the heire apparant of the same W. M. and the saide T. S. marrie againe and haue issue male: That then the saide feoffees shall stand seised of the manors of H. P. and T. and of the landes and tenements in H. P. and T. to the vse of the saide W. and his assignes, vntill they haue receiued of the issues and profites of the same manors, landes, and tenements, for the marriage of the saide sonne, three hundred poundes of lawfull money: For which premises well and truely to be performed on the part of the said T. S. the saide W. M. shall pay, or cause to be paid to the said T. three hundred Markes, of lawfull money. In witnesse whereof &c.

¶ A Graunt of Wardship and Marriage.

THis Indenture (a) made betweene the most excellent Princesse, Sect. 330. & our most dreade Soueraigne Ladie Elizabeth by the grace of God &c. of the one partie, and G. W. gentleman of the other partie, Witnesseth, That whereas our Soueraigne Ladie, with the aduise of the Master and Counsell of her graces Court of Wardes and Liueries, bee contented and pleased to graunt, and by these presents doe commit and graunt vnto the said G. W. the custodie, wardshippe, and marriage of T. H. her Highnesse warde, sonne and heire of G. H. gentleman deceased. And if it fortune the saide T. H. to dye before marriage had, or before hee come, or bee of his full age: Then the warde & marriage of his next heire male, and so from heire male to heire male being within age, vntill the saide G. W. his executors or assignes, haue taken the effect of the marriage of one of them, without disparagement, together with one Annuitie or yerely rent limitted and appointed by the said Master and Counsell, to be paied yerely to the saide G. W. and his assi [...] [...]s, by the Queenes Maiesties Feodarie of the Countie of C. for the time beeing, for, and towardes the education and bringing vp of the saide heire, or of any his heire or [Page] heires males, hereafter happening to come to the custodie of the saide G. W. or his assignes, by vertue of this present graunt, not exceeding the yerely value of vi. pound. And whereas also there doth not appeare at this time, that euery part of the inheritance of the saide T. H. vpon the death of his said father, is come into the hands and possession of our saide Soueraigne Ladie, nor certainely in euery parcell of the inheritance of the saide heires, what ought to be in her Highnesse hands, and possession, because of such dowers, feoffements, and wills, as percase bin declared in the same: therefore, for that our Soueraign Ladie should not bee deceiued in that behalfe, but that her Highnesse should haue perfect knowledge & vnderstanding of all such manors, lands, and hereditaments, which immediatly after the decease of any person or persons, or after the yeres finished or ended, or any last will performed, shall discend, reuert, remaine, or come to the saide heire in possession or reuersion, and the very best and vttermost true value of them by the yeare, the saide G. W. hath deliuered a writing indented, hereunto annexed, in the which bin contained and specified all such manors, landes, and hereditaments, and the best and vttermost true value of them, which bin discended, or hereafter shall discende and come to the saide heire in possession or reuersion, as is aforesaide: All which manors, lands, and other the premisses in the same writing indented, bin valued to the best and vttermost true value of the same. And the saide G. W. couenanteth and graunteth for him and his assignes by these presents, that one Auditor or Auditors, or any other person or persons, appoynted and authorised by the saide Master and Counsell for the time being, at the costes and charges of the saide G. W. or his assignes, shall search, view, and value the truth of the same: Vpon the which search, viewe, and value, if it can bee proued that the saide manors, landes and other the premisses, or any of them, which shall or ought to discend, reuert, remaine, or come to the saide heire in possession or reuersion, as is aforesaide, bee omitted and left out of the saide writing indented, or els be found of larger and better yerely value, then in the saide writinges is limitted: Then the saide G. W. his executors or assignes, shall content and pay vnto our saide Soueraigne Ladie, as much money as the ouerplus of the yearely value of the saide manors, landes, and hereditaments so vndervalued shall amount vnto, aboue the yearely value limited in the same writing indented, if any such shall be foun [...] [...]pon the saide search and viewe, after the rate of three yeares value, and also asmuch money as the said G. W. or any other to his vse shall perceiue and take of the saide [Page] manors, landes, and hereditaments so omitted, and that from the decease of the said G. H. and likewise the value of all the manors, landes, and hereditaments, left out and omitted in the same writing indented, if any such shall be found vpon the search, view, and value of the said manors, landes, and hereditaments, being of the inheritance of the said heire, which shall happen to discend, reuert, remaine, or come to him, before he come and be of his full age of one and twenty yeares. And the said G. couenanteth and granteth, for him and his assignes by these presents, that he the said G. W. and his assignes, shall not onely bring vp and intertaine the said T. H. and all other his heire or heires males, hereafter happening to be the Queenes Maiesties Wardes, or comming to the custodie of the said G. W. or his assignes, by vertue of the said graunt, in good erudition, vertues, and decent qualities, as to the Queenes honor in that behalfe, & the state of her highnesse publike weale appertaineth, but also as much as in him and them lyeth, shall saue and defend all the manors, landes, and hereditaments, of the inheritance of the said heire, from all vnlawfull intrusions, incrochements, wastes, decaies, spoyles, disorders, and expelling of tenantes. And if at any time hereafter during the said graunt, any vnlawfull intrusion, incrochments, wast, decay, spoyle, disorder, or expelling of tenants be done or made vpon any part or parcell of the said inheritance, or if any euidences, muniments, or writinges concerning the same inheritance, be imbeaziled, withdrawen, concealed, or misused, to the knowledge of the said G. W. or his assignes: That then the said G. W. or his assignes, foorthwith after knowledge had of any such intrusion, incrochement, wast, decay, spoyle, disorder, or expelling of tenants, imbeaziling, withdrawing, or misusing of euidences and writinges, shall certifie the same to the said Master and Counsell for the time being, and receiue and prosecute further order for the reformation thereof, to, and for the aduancement of the Queenes highnesse interest and right, and for the preseruation, safegard, and tuition of the inheritance of the said heire. And the said G. W. couenanteth and graunteth, for him and his assignes by these presents, that neyther he the said G. W. nor his assignes, shall giue, graunt, commit, bargaine, or sell the said graunt, or the custodie of the said T. H. nor any other his heire or heires males, comming to the custodie of the said G. W. or his assignes, by vertue of the said graunt, vnto any person or persons, being next of kindred to the said heire, to whom the said inheritance may discend, ne to any [Page] other, haue, pretending, or clayming any title or interest to the said inheritance, or any part thereof: Ne shall dispose in mariage, or by any perswasion indure the said heire to marrie, where any case of disperagement, or other detriment, annoyance, or disorder may rise, contrarie to the order of the law. And the said G. W. couenanteth and granteth, for him and his assignes by these presents, that within one yeare next after the date hereof, he the said G. W. or his assignes, shall repaire to the said Master and Counsell for the time being, for the Queenes Maiesties bill signed, or warrant, for her highnesse letters Patents concerning the said graunt, and shall prosecute foorth, and bring the said letters Patents vnto the Auditor generall of the said court of Wardes and Liueries to haue the same inrolled, as the same Auditor may haue perfect knowledge and vnderstanding how to charge or deduct the yerely allowance for the exhibition of the said heire, committed and graunted in the same letters Patents at all times when neede shall require. (b) In witnesse whereof to the one part of these Indentures, remayning with the said G. W. our said Soueraigne Ladies seale of her graces Court of Wardes and Liueries, with the aduise of the Master and Counsell of the same Court, is affixed and set, And to the other part remayning with the Queene in her graces Court, the said G. W. hath put to his seale, & subscribed his name the day of &c. in xxxvii. yeare of our Soueraigne Ladies most gracious raigne &c.

¶ A graunt of a Ward within age.

OMnibus &c. I. Comes O. falutem. Sciatis me praefatū Comitem, Sect. 331. pro quadam pecuniae summa mihi per T. M. generosum prae manibus solut̄, dedisse, & per praesētes concessisse eidē T. custodiam W. B. filiae & haered' R. B. iam defuncti, ac omniū terrarū, [...]enementorū, & haereditamētorū quae ad manus meas deuenire poterint, ratione minoris aetatis eiusdē W. post mortem dicti R. qui de me tenuit die quo obijt per seruitiū militare. Habend' & tenend' custodiam p̄dict' ac maritagiū praedict' W. p̄fat̄ T. & assignatis suis, quousquè praedict' W. ad plenam aetatē viginti vnius annorū ꝑuenerit, & quamdiu in manibus meis fore contigerit, seu remanere deberer. Et si contingat p̄dict' W. obire antequam ad plenam a tatē viginti vnius annorū peruenerit, hered' suo infra aetatē existent̄, tunc scians me praefat̄ Comitem, pro consideratione praedict̄, dedisse, & per praesentes concessisse p̄fat̄ T. custodiam eiusdem haered', ac omnium [Page] terrarum, tenementorum, & haereditamentorum praedict', vna cum maritagio eiusdem haeredis, & sic de haered' in haeredem quousque vnus eorum ad plenam aetatem viginti vnius annorum peruenerit. In cuius &c. Dat̄ &c.

¶ A graunt of an Aduowson of a Parsonage &c.

OMnibus &c. A. P. dominus P. (aut A. B. Miles, vel Armiger,) verus Sect. 332. et indubitatus patronus Rectoriae ecclesiae parochialis de N. Eboracen̄ diocesis, salutem in domino sempiternam. Noueritisme praefatum A. dedisse &c. dilect' mihi C. P. et E. L. gener̄, coniunctim et eorum alteri per se diuisim, executoribus et assignatis suis, primam et proximam aduocationem, donationem, collationem, nominationem, praesentationem, liberamque dispositionem praedictae Rectoriae eccles. parochialis de N. Volens, et hoc praesenti scripto meo concedens, qd bene liceat et licebit dicto C. et E. coniunctim, [...]t eorum alteri perse diuisim, executoribus et assignatis suis ad praedictam Ecclesiam quandocunque, quomodocunque, et qualitercunque, per mortem, resignationem, priuationem, cessionem, permutationem, diuisionem, siue quocunque alio modo primo et proximo vacari cō tigerit, aliquem vnum virum honestum et literatum praesentare, caeteraque omnia quae ad patroni munus seu officium spectant perficere pro huiusmodi prima, proximaque vacatione tant̄, adeo plene et integre, sicut egomet ea in parte facerem si hoc praesens scriptum meumfact' minime fuisset. In cuius &c. Dat̄ &c.

¶ Of an Aduowson of a Deanry, Prouostship, or Mastership of a Colledge.

REx &c. (vt supra 327. A.) ac tenore praesentium damus et concedimus Sect. 333. dilectis subditis nostris A. B. et C. D. armig', primam ac proximam aduocationem &c. Decanatus, Praepositurae, Magistri, siue Praefecturae Collegij nostri de N. in comitatu nostro M. Habendum &c. vt supra.

¶ Of an Aduowson of a Parsonage or Vicarage.

REx &c. salutem. Sciatis quod nos &c. dedimus & concessimus, Sect. 334. ac per praesentes damus et concedimus dilectis ser [...]ientibus nostris A. B. et C. D. Milit̄, primam, &c. vt supra, Ecclesiae parochialis, [Page] (or if it be of a Vicarage) Vicariae perpetuae ecclesiae de N. in comitat̄ nostro Kanc', Cantuarien̄ dioces. & nostri patron̄ pleno iure existen̄, vel in iure Coronae nostrae, vel ratione Ducatus nostri Lancastr̄, vel ex concessione A. B. hac vice tantum &c. Habend' & tenend' praedict' primam &c. praef. A. B. & C. D. coniunctim vel diuisim, aut eorum assignatis, & eorum cuilibet, pro vnica & proxima vacatione eiusdem duntaxat: Ita quod bene licebit eisdem A. B. & C. D. coniunctim vel diuisim, aut eorum assignatis, seu eorum cuilibet aucthoritate praesent̄ doni & concessionis nostrae, vnum aliquem idoneum virum ad dictā ecclesiam diocesano eiusd', aut alteri iudici in ea ꝑte competenti praesentare, cum primo & proximo p̄fata ecclesia (vt p̄fertur) per mortē, resignationem, priuationem, cessionem, seu quacunquealia ratione vacare contigerit. Ac omnia alia & singula quae circa praemissa necessaria fuerint, seu quomodolibet oportuna, peragere & implere, tā bene libere, ac integre, quam nos ipsi perageremus, si praesens concessio nostra praef. A. B. & C. D. facta non fuisset. In cuius &c.

¶ Of an Aduowson of a Prebend in a Colledge.

REx &c. Sciatis nos de &c. dedisse &c. dilectis nobis T. H. & N. M. Sect. 335. primam & proxim [...]m aduocationem canonicatus & praebend in Collegio nr̄o Oxon̄, vulgariter nuncupat̄ (King Henry the eights Colledge) ac plenam & integram collationem huiusmodi canonicat̄ & praebendae pro prima & ꝑxima vacatione eiusdem tantum. Ita qd bene licebit eisdem T. H. & N. M. ac eorum vtrique coniunctim & diuisim, executoribus & assignatis suis, ac eorum vtrique, canonicatum & praebendam p̄dictam sic (vt praemittitur) primo & proxim̄ vacant̄ vni alicui ꝑsonae idoneae vere & actualiter intuitu charitatis conferre. Necnon literas collationis ad hoc sufficientes & in iure validas facere, figillare, & tradere, Decanoque & Canonicis dicti Collegij nostri ꝓ huiusmodi personae receptione, admissione, & installatione rescriber̄, caeteraque omnia circa praemissa necessaria facere, & exequi pro huiusmodi prima vt praemittitur ac proxima vacat̄ tantum, adeo plene &c. vt supra. In cuius &c.

¶ A graunt of the next aduowson of a Parsonage.

OMnibus &c. Noueritis me praedictum T. G. dedisse &c. dilectis Sect. 336. mihi in Christo I. C. & R. G. armiger̄ & assignatis suis, primam &c. in comitatu E. Ita quod bene licebit eisdem I. & R. executoribus, administr̄, & assignatis suis quandocunque Ecclesia &c. vt supra [Page] vacare contigerit aliquam aliam idoneam person̄ de qua sibi melius videbit̄ expedire, ad Rectoriam p̄d' sic vacuam nominare & p̄sentar̄ quousque vna aliqua ꝑsona idonea ad nomination̄ & praesentation̄ eorund' I. & R. seu eor̄ alterius, executor̄, administrator̄, aut assignat̄ suor̄, seu alterius eor̄ ad eand' Rectoriam cum pertin̄ admittat̄, instituat̄ & inducat̄ &c. In cuius &c.

¶ A Collation or donation of a Chappell.

VNiuersis Christi fidelibus &c. I. N. &c. salut̄ & sinceram in dn̄o Sect. 337. charitat̄. Cum capella libera de R. dictae diocesis iam vacare, & ad meam donation̄ pleno iure spectare dignoscit̄. Noueritis me p̄d' Capell' cum omnibus suis iuribus & pertin̄ vniuersis, dilecto mihi in Christo R. C. clerico, viro tam probo quam literato donasse & concessisse, ac tenore praesentium ipsum R. in corporalem possessionem dictae capellae cum pertin̄ inducere. In cuius rei &c.

¶ A grant of an aduowson of a Parsonage in fee.

REx &c. Sciatis quod nos ex gratia &c. dedimus &c. G. R. & R. B. Sect. 338. aduocation̄, donation̄, liberam disposition̄, & ius patronat̄, & presentandi rectoriae & ecclesiae parochialis de D. in com̄ S. Habend' &c. praefat̄ G. R. & R. B. haered' & assign̄ suis imperpetuum. In cuius &c.

¶ An appropriation of a Parsonage by the Queene.

REgina &c. Sciatis quod nos &c. dedimus &c. Decano & Capit̄ Sect. 339. Ecclesiae Cathedralis C. & beatae M. virginis Wigorn̄, aduocationem &c. Rectoriae & Ecclesiae parochialis de D. in comitatu B. Habend' &c. eisdem Decano & Capitulo & successoribꝰ suis imperpetuum. Et vlterius sciatis per praesentes quod nos de &c. ac auctoritate nostra Regia suprema & Ecclesiastica qua nunc fungimur, pro nobis, haeredibus & successoribus nostris concedimus, & licentiam damus praedict' Decano & Capitulo & successoribus suis, quod ijdē Decanus & Capitulum & successores suirectoriam & ecclesiam praedict', quandocun (que) per mortem, resignationem, siue depriuationem, aut aliquem alium modum quēcunque vacare contigerit, immediat̄ in suos proprios vsus tenere sibi & successoribus suis imperpet̄ possint & valeant, absque molestatione aut impedimento nostro, haered' aut successor̄ nostrorum, & hoc absque aliqua praesentatione, inductione, siue admissione alicuius incumbentis ad eandem rectoriam [Page] extunc imposterum fiend'. Ac vlterius ex certa scientia & mero motu nostris, ac authoritate nostra praedicta qua nunc fungimur, pro nobis, haeredibus & successoribus nostris praedictam rectoriam & Ecclesiā de D. praedict', prout extunc (vt praefertur) vacare contigerit, ac omnia & singula, maneria, mesuagia, terr̄, tenem̄ta, reditus, reuersiones, seruitia, glebas, decimas, oblationes, pensiones, fructus, proficua, cō moditates, emolumenta, possessiones, & haereditamenta quae cunque cum eor̄ pertinētijs vniuersis, tam spiritualia quam temporalia eisd' rectoriae & Ecclesiae (sic vt praefertur) vacan̄ quoquomodo spectant̄ siue pertinen̄, praed' Decano & Capit̄ & successoribus suis, ac dictae eccl' suae Cathedrali appropriamus, consolidamꝰ, vnimus et incorporamus. Habend', tenend', gaudend', et conuertendum casdem rectoriam et ecclesiam de D. praedicta, ac omnia et singula praemissa eisd' rectoriae et ecclesiae spectan̄ et pertinen̄ eisdem Decano et Ca itulo et successoribus suis vt praed' est, in proprios vsus suos absque aliqua praesentatione, nominatione, inductione, s [...]ue admissione alicuius incumbentis, aut aliquor̄ incumbentium ad eand' ecclesiam extunc imposter̄ fiend'. Teste &c. Dat̄ &c.

¶ A Grant of a Stewardship for terme of life, with a fee for the same, and for counsaile.

OMnibus &c. T. B. salutem. Sciatis me praefatum T. dedisse, et per Sect. 340. praesentes concessisse A. B. officium Seneschall' siue Senescalciae omnium & singulorum dominiorum, maneriorum, et hereditament̄ meorum de R. F. & C. in Comitat̄ S. & custodiam siue officium tenē di Curiam, Leet̄, vis. franciplegior̄ & singularum curiarum, vis. frāciplegiorum & Leetarum dominior̄ & maneriorum praedictorum & eorum cuiuslibet: Ac ipsum A. Seneschallum meum generalē in curijs meis vis francipleg' et Leetarum infra dominia, maneria, et hereditamenta mea praed' facio, constituo, et ordino per praesentes. Habend', tenend', exercend', et occupand' offi [...]ium praedictum cum ꝑtinentijs, vna cum omnibus et singulis feodis, vadijs, regardis, proficuis, et aduantagijs eid' officio spectant̄ siue ꝑtinentibꝰ praef. A. ꝑ se, vel per sufficientem deputatum suum, siue sufficientes deputat̄ suos protermino vitae ipsius A. Et vlterius sciatis me praefatum T. dedisse, concessisse, & hoc praesenti scripto meo confirm̄ praefat̄ A. tam pro officio praedict' exercend' & occupand', quam pro bono cōsilio suo mihi per eundem A. ante haec tempora impenso & imposterum impendend', quandam annuitatem siue annualem reditum centum solidorum [Page] exeuntiū, de, & ex oibus praed' dominijs, manerijs, & haereditamentis meis in R. F. & C. praed', ad festa P. &c. annuatim soluend' per manus receptor̄, firmarior̄, balliuorū, seu collector̄ meotū praemistorum, durante vita ipsius A. Et si contingat &c. (vt in claus. districtionis & nomine pena &c. In cuius &c.

¶ A graunt of a Stewardship of a Corporation to a nobleman with a fec.

OMnibus &c. R. I. Maior burgi de D. & Communitas eiusdem Sect. 341. burgi salutē in dn̄o sempitem̄. Sciatis qd' cum antecessores nr̄i de tēpore in tempus ꝑ multos annnos iam p̄teritos, respicientes res p̄claras domi foris (que) ab illustrissimis viris ac dn̄is dn̄o G. quōdā Comite S. auo, et F. nu ꝑ Comite S. nobiliisimo patre p̄clarissimi dn̄i G. nunc Com̄ S. dn̄i F. &c. ordinis diui G. equitis aurati, Regiae (que) Maiestati a sacris consilijs honorificentissime pijssime (que) gestis, elegerint & constituerint eosdē Comites Seneschallos siue Recordatores suos manerijsiue dn̄ij & socae villae praed', ac Cur̄ Leetar̄, visus francipleg' vill [...] & socae praed' aliar̄ (que) rerū suar̄ in villa & soca praed'. Nos vero praed' nunc Maior & Cōmunitas burgi praed' animis nr̄is recolentes & libere agnoscentes quā pie, pacifice, iuste, & aeque p̄f. Comit̄ burgum p̄d' homines (que) eiusdē burgi, cum oibus manerijs, dn̄ijs, terr̄ & ten̄tis, & rebus suis ꝑ totū tēpus p̄d' rexerint & gubernauerint quantaque beneficia ipsi in burgū p̄d' homines (que) eiusd' sepius cōtulerint, p̄dictus (que) nunc Comes etiam nunc indies confert, de cuius ꝓbata fidelitate ac summa in nos pietate ac benignitate merito plurim̄ confidimus. His consideratis dedimus & concessimꝰ & hac pn̄ti charta nr̄a libere confirmauimꝰ p̄fato nunc Com̄, quem antecess. nostr' annos abhinc circiter trigint̄ ad hoc eligerunt & ordinauer̄, officium Seneschall' man̄ij, dn̄ij siue socae de D. p̄dict', ac oium Curiar̄ Leetar̄, visus francipleg', ac oīum aliorū manerior̄, dn̄iorū, terrarū, ten̄torū, & haereditamētor̄ nostrorū, & eor' cuiuslibet infra p̄d' villā, burgū, siue focam, maneria, dn̄ia, ac caetera p̄missa. Ac eund' nunc Com̄ Seneschallū nostrum oīum p̄dict̄ nostrorum maneriorū, dominiorū, & socae praedict', ac oīum Cur̄ Leetar̄, visus francipleg', terrar̄, tenementor̄ & haereditamentorū nostrorū p̄dict̄ quorumcun (que), & election̄ & ordination̄ p̄d' iure optimo plene approbantes & confirmantes facimus, cōstituimꝰ, ordinauimus, & declarauimus ꝑ p̄sentes. Habend', tenend', gaudēd', exercēd', et occupand' offic' p̄dict' cū ꝑtin̄, vna cum oibꝰ & singulis feod', ꝓfic', cōmoditatibꝰ, & aduantagijs eidē officio [Page] spectant̄ siue pertin̄ p̄fat̄ G. nunc Com̄ S. per se vel per sufficientem deputat̄ siue sufficientes deputat̄ suos ad libitum suum de tempore in tēpus eligend' & subssituend' pro termino vitae ipsius tunc Com̄, tam honorifice, libere, & in tam amplis modo & forma, prout aliquis alius siue aliqui alij p̄dict̄ officiū vnquam habuerint siue tenuerint, aut nos illud quoquomodo dare aut concedere possumus. Et vlterius sciatis quod nos in consideratione praemissorum ac pro officio praedicto exercend' & occupando damꝰ & concedimꝰ pro nobis & successoribꝰ nostris eid [...] ̄ nunc Com̄ & assign̄ suis quandā annuitatē siue annual' redd &c. exeunt̄ de & ex omnibꝰ manerijs, dominjis, terris, ten̄tis, & haereditamentis praed' cum pertinentijs ad festum Natiuitatis dn̄i annuatim soluend' praef. Comiti per nos & successores nr̄os, seu per manus receptorū balliuorum & collectorū praemissorū. Vna cum omnibus alijs feodis, proficuis, commoditatibus, potestatibus, authoritatibus, libertatibus, praeheminentijs, & priuilegijs, dignitatibus, & emolumentis quibuscunque officio p̄dicto qualitercunque pertin̄ siue spectan̄. Ac in tam amplis modo & forma prout aliqui alij seu aliquis alius officiū p̄dictū antehac vnquam habuerunt vel occupauer̄ siue habuit vel occupauit aut habere seu occupare debuit seu potuit. Ac in tam amplis modo & forma quant̄ idē officium ac caetera p̄mis [...]a cum ꝑtinentijs da [...]i aut concedi possunt aut debeant. Et vlterius conuenimus & concedimus per praesentes, qd' si contingat praedictam annuitatem siue annualem redditum &c. aut aliquam inde parcellā aretro fore insolut̄ ad aliquod festum festorum praedictorum in quo vt praefertur solui debeat durante vita praefati nunc Comitis, quod tunc & toties bene liceat & licebit eidem Comiti & assignatis s [...]is in omnia & singula praed' maneria, dominia, terras tenemēta, & haereditamenta nostra cum pertinen̄ intrare & distringere, & districtiones sic ibidem captas & habitas licite asportate effugare & penes se retinere donec eidē nunc Comiti & assignatis suis de praedict̄ annuitate siue annuali redditu cum oībus inde arreragijs si quae f [...]erint. plenarie sit satisfactum & persolut̄. Humiliter supplicantes quatenus pra fat̄ Comes praedictum officium, annuitat̄, ac cetera praemissa vt testimonium nostrae in illum qualiscunque gratitudinis certissimum a nobis accipere, & nos in illius clientelam suscipere dignetur per praesentes. In cuius rei testimonium has literas nostras patente, fieri, & eisdē sigillum nostrum commune apponi fecimus. Dat̄ in Guihalda burgi praedict̄ quato die &c.

[Page]

¶ A grant of vnderstewardship or deputation.

OMnibus &c. T. P. salut̄, cum W. F. per script̄ suū geren̄ dat̄ &c. Sect. 342. constituerit & ordinauerit me praefat̄ T. Seneschal' suum dominior' & manerior̄ suorum de B. & S. in com̄ E. ac omnium cur̄ vis. francipleg', & leetar̄ infra dn̄ia & maneria praed': tenend', habend', occupandum & exercendum officium praedict' per me vel per sufficientem deputat̄ meum, siue sufficientes deputatos meos pro termin̄ vitae meae cum feodis, vadijs, regardis & proficuis eid' offic' spectan̄, aut ab antiquo debit̄ vel consuet̄ vna cum quodam annuali feod' xl. s. pro exercitione & occupatione officij praed' prout in scripto praed' plenius apparet. Sciatis me praef. T. fecisse, ordinasse, & per praesentes constituisse dilect' mihi R. S. meum deputatum siue subseneschallum dominiorum siue manerior̄ praed omnium & singular̄ cur̄ vis. francipleg' & letar̄ infra dn̄ia siue maneria praed': habend', tenend', occupand', & exercend' idem officium huiusmodi deputat̄ seneschalli eiusd' R. per se vel per sufficientem deputatum suum, seu sufficientes deputatos suos ad terminum vitae mei praed' T. percipiendo annuatim durante termin̄ praed' pro officio illo exercendo & occupando omnia feoda vadia regarda & proficua eidem officio spectantia aut ab antiquo debit̄ vel consuet̄, vna cum praedict' annuali reditu quadraginta solidorum, adeo plene & integre, & in tam amplis modo & forma prout egomet nunc aut preantea habui, percepi, vsus fui, vel facere consueui. In cuius &c.

¶ A deputation with authoritie to execute the office of an Aulnageor.

THis Indenture made &c. between &c. Witnesseth, that the said R. Sect. 343. H. hath deputed, & by these presents doth depute the said W. G. to minister, meddle, occupy & exercise his office of Alnage, and seale of woollen clothes, made and hereafter to bee made, to bee put to seale within the townes of C. aforesaid, C. D. & H. in the said County of S. & the townes of &c. in the County of E. with their members & within two miles compasse of euery of the said Townes, not being in any other mans lease or farme, together with the whole shires, & countries of &c. the towne of W. onely excepted and reserued. To haue, vse occupy and exercise the said office of Alnage and sealing to the said W. G. his executors and assignes from the feast of &c. last past before the date hereof, vnto the ende and terme of xiiii. yeares from thence next [Page] and immediatly following, and fully to be complete and ended, with all the whole profits, reuenues, issues, and aduantages, that of right shall growe and bee due to the said W. G. by reason of the saide office, during the saide terme without interruption, medling or disturbance of the said R. H. or any other in his name, or by his commandement: For which profits, reuenues, issues and aduantages, to be perceiued, & taken in manner & forme afore expressed, the said W. G. couenanteth and granteth for him, his executors and assignes, to pay yerely during the said terme of xiiii. yeres, and for euery of the same ix. li. of good and lawfull mony of England, to be paid to the said R. H. his executors or assignes in the feasts of &c. by euen portions. And in occupying and exercising the saide office, during all the saide terme of xiiii. yeres, the said W. shall not do, or cause to be done, any thing contrary to any act, ordinance, or statute, afore this time made, by any Parliamēt, or hereafter to be made, concerning the said office, whereby the said R. H. his executors or assignes, may run into any contempt, penalty, or danger, towards our said Soueraigne Lord the King, or towardes any common person or persons, whereby the said R. H. may at any time, forfait the said office. Moreouer the said W. G. couenanteth and graunteth, to and with the said R. H. that he the said W. his executors or assignes, at euery of the saide feasts, during the saide terme of fourteene yeres, and for euery yere of the same shall make true certificate & due presentment, vnto the said R. H. his executors or assignes, of all and euery such forfaitures of woollen clothes, as well of broades, as of narrowes, as shall come to his handes or knowledge, or to the handes or knowledge of his assignes, from time to time, when such forfaiture or forfaitures of woollen cloathes shall happen to fall during the saide terme of xiiii. yeres, And it is couenanted and agreed, betweene the said parties, that the saide clothes so forfaited, shall remaine to the intent and vses hereafter insuing, that is to say. The one halfe and moity of the saide forfaiture or forfaitures, to the vse of our saide Soueraigne Lord, according as it is expressed in the kings letters patents made to the said R. H. of the office aforesaide, and the other moity and halfedel to the vse of the said parties, equally to be deuided & departed betweene thē, that is to say, to y^• said R. H. his executors or assignes y^• one moity, & the said W. G. the other moity, And furthermore the said W. G. couenanteth for him, his executors & assignes, to and with the said R. H. his executors or assignes, that he the said W. his executors or assignes, nor none other maner of person or persons, in his or their name or commaundement, shall from henceforth seale any manner [Page] of cloth or clothes now made, or hereafter to be made and to be put to seale, but onely such cloth and clothes, as now are, and hereafter shall be made and clothed within the shires, townes, and limits aboue specified, and in none other place, during the said terme of xiiii. yeres: any thing to the contrarie aboue expressed notwithstanding, and for assurance of all and singuler couenants, grants, & agreements on the behalfe of the said W. his executors and assignes well and truely in maner and forme before rehearsed, to be obserued and kept, the foresaid W. standeth bounden to the said R. H. in one obligation of C. li. bearing date the day of this Indenture. In witnesse &c.

¶ A graunt of a Stewardship during pleasure.

OMnibus &c. H. W. Miles, salutem. Sciati [...]quod ego &c. dedi Sect. 344. &c. dilecto mihi T. B. offic' Seneschalli omniū dominiorum & maneriorum meorū in Comitat̄ E. & H. Ac ipsum T. Senesch' omnium dominiorū & maneriorum meorum praedict' facio, ordino, & constituo per praesentes. Habend' &c. offic' praed' praefat̄ T. per se vel per sufficientem deputat̄ suum, siue sufficientes deputatos suos, a festo S. Mich' archang' vltimo p̄terito, durante beneplacito meo, cum vad' & feod' xiij. solidorum & iiij. denariorum per annū: Percipiend' annuatim praef. T. de exitibus, ꝓficuis, & reuentionibus manerij mei de C. in com̄ E. praed', per manusrecept̄ mei ibid' pro tempore existent̄, ad festa &c. Mandamus insu ꝑ vniuersis & singulis firmarijs, tenentibꝰ, & occupat̄ meis, & eorum cuilibetibidē, qd' praef. T. & deputatis suis in hac parte de tēpore in tempus assistentes sint, obedientes, & auxiliantes in omnibus prout decet. In cuius &c.

¶ A grant of a Bailywicke.

OMnibus &c. R. W. &c. Nouerit vniuersitas vestra me de fidelitate Sect. 345. circumspectione & debit' obsequio dilecti seruiētis nostri G. A. mihi in posterū impend' plenius confidētem, fecisse, ordinasse, & per p̄sens s [...]ript̄ meum constituisse ipsum G. balliuum meum villae & manerij siue domin̄ nri de R. in com̄ H. ac collectorem & receptorem oīum & singulorū reddit̄, finiū, amerciamēt̄, & extract' duarum laetarum siue vis. franciplegiorū nostrorū ibidē inde, & quorumcun (que) aliorū proficuor̄, ratione earund' laeterū siue francipleg' qualitercun (que) emergent̄ siue prouenient̄. Habend', tenend', exercend', & occupand' offic' praed' eidem G. perseipsum, quamdiu idē G. erga [Page] me se bene gesserit, & fidele compotum de receptis & recipiendis nobis reddiderit, ac ea nobis soluerit & plenarie satisfecerit. Percipiendo de nobis pro vadijs suis annuis xl. s'. ad festa &c. aequis portionibus ꝑ manꝰ meas proprias post compotū et plenariam solut̄ cuiuslibet dimid' anni, ac dona, feod', regarda, & emolumēta eidē officio debita & consueta, de receptis praed' soluend'. Mandans &c.

¶ A graunt of the office of Custos Rotulorum.

REgina oībus &c. Salut̄. Cum per Ir̄as patentes dn̄i H. 8. nuper Sect. 346. Regis Angliae patris nr̄i praecharissimi, geren̄ dat̄ apud W. 8. die I. anno regni sui xxviij. recitat̄ existit, Quod cum idē nuper Rex de gratia sua speciali, ex certa sciētia, & mero motu suis, necnon in consideratione boni & fidelis seruitij, qd' dilectus & fidelis tunc seruiēs suus R. W. sibi ante tunc impendebat, & durante vita sua impendere intendebat, dederit & concesserit ꝑ literas patētes praed' eidē R. W. Officium contrarotulatoris omniū & singulorū recordor̄, placitor̄, finium, amerciamētor̄, redemption̄, manucaptionū, recognic', irrotulament̄ & exemplific', inquisic', breuiū, process. customar̄, & oīum alior̄ quorumcunque coram Iustic' dict' nu ꝑ Regis vel locū tenent̄ suis, aut locum tenente suo in com̄ C. et F. coram Camar' eiusdē nu ꝑ Regis C. & deputat̄ vel locū tenen̄ suo. Ac etiam coram Eschaetor̄ dicti nu ꝑ regis Com̄ C. & Eschaetor̄ suo Com̄ sui F. & deputat̄ suo, ac etiam corā Vic' p̄dict' nuꝑ Regis & deputat̄ eius siue subuic' dicti nuper regis de F. deputat̄ suo. Necnō coram quibuscun (que) alijs offic' & ministr̄ eiusdē nu ꝑ regis in com̄ praed', aut ꝑ aliquē, & quoscun (que) offic' & ministr̄ suos infra eosd' com̄ suos & vtrumque eorundē, aut deputat̄ vel vniuscuiuscun (que) officiar̄ praed' recipiend', agend', faciend' & exequend', tam in dictis com̄ & session̄ in com̄ praed' tenend', quā oibus alijs tēporibus anni: Necnon omniū et singulor̄ operum aedification̄ & reparac' dict̄ nu ꝑ regis infra com̄ praed'. Cumque etiam idem nuper Rex H. 8. per lr̄as suas patentes p̄dict' dederit & concesserit eidē R. W. plenam potestatem, aucthoritatē, ac mandatū suum speciale ad videndum, legendum, et examinand' oīa & singula recorda, rotulos, breuia, retorn̄, & muniment̄ quecūque coram officiar̄ praedict̄, & quolibet eorū capt̄, fact̄, capiend', faciend', seu reman̄ toties quoties p̄dict' R. W. aut eius deputat̄ placuer̄. Habend', tenend', et gaudend', & exercend' officium praed' per praed' R. W. aut per deputat̄ suum, vel p̄er sufficient̄ deputat̄ suos pro termino vitae eiusdem R. W. cum vad' & feod' eidē officio debit̄ & consuet̄, percipiend' & [Page] persoluend annuatim de exitibus & reuētionibus dict' nuper Regiꝰ ex dict' comitat̄ C. et F. debit̄, per manus aliquorum aliorum receptorum, balliuorū, firmarior̄, praepositorū, tenentium, vel occupatorum suorum com̄ sui C. aut F. praed' pro tēpore existent̄, ad festa &c. per equales portiones, vna cum oībus alijs feod', ꝓficuis, commoditatibus, aduantagijs, libertat̄, & emolument̄ quibuscūque p̄d' officio Contrarotulatoris debit̄ & consuet̄, in tam amplis modo & forma, prout W. B. defunctus de alta prodit̄ attinct' ante attinctur' praed' in vita sua habuit, aut deputatus suus, siue deputat̄ sui, vel aliquis alius aut aliqui alij pro officio praed' exercend' et occupand', habuit & percepit, habuerunt & ꝑceperunt, prout per Ir̄as patentes pred' plenius liquet etapparet. Qui quidem R. adhuc superstes & in plena vita existit, ac de officio praed' et caeteris p̄missis ad praesens seisitus est in dn̄ico suo vt de libero tenem̄to, pro termino vitae suae. Sciatis quod nos de fidelitate, industria, & diligētia dilect' subditi nr̄i S. &c. quamplurimū confidentes, de gratia nostra speciali, ac ex certa scientia & mero motu nostris dedimꝰ et concessimus, ac pro nobis, haered', et successoribus nostris per p̄sentes damus & concedimus eidē I. S. officium Contrarotulator̄ nostri, ac haered' et successorū nostror̄, & omnium et singulorū recordorum, placitor̄, finium, amerciamentorū, redemption̄, manucaptionū, recognition̄, irrotulament̄, exēplification̄, inquisic', ꝓcess. breuiū, customar̄ oīum alior̄ quorumcun (que) coram Iustic' nostris, ac haered' & successorū nr̄orū C. & deputat̄ vellocum tenent̄ suo, ac etiam corā Eschaetor̄ nostro, ac haered' et successor̄ nostrorū com̄ Cestr̄, & Eschaetor̄ nostro, ac haered' et success. nostrorū comit̄ nostri F. & deputat̄ suo, ac etiam coram Vic' nostro, ac haered' et successor̄ nostrorū, & deputat̄ eius, siue subuic' com̄ nostri C. ac coram Vic' nostro, ac haered' et successor̄ nostro com̄ nr̄i F. & deputat̄ suo: Necnon coram quibuscunque alijs Officiar̄ et Ministr̄ nr̄is, ac haered' & successor̄ nostrorū in com̄ praed', aut per aliquē et quoscunque officiar̄ & ministr̄ nostros, ac haered' et successorū nr̄or̄ infra eosdē com̄ nostros & vtrumque corund', aut deputat̄, vel vnius cuiuscunque officiar̄ p̄dict' recipiend', agend', faciend', et exequend', tam in dict̄ comitatu & session̄ in com̄ praed' tenend', quam omnibꝰ alijs temporibus anni: Necnon omniū & singulorū operum, aedificationū, et reparationū nostrarum, ac haered' & successorū nr̄orum infra comitat̄ praedict̄. Damus etiam pro nobis, haered', et successor̄ nr̄is per p̄sentes, ac ex certa scientia & mero motu nostris cōcedimus praef. I. S. plenam potestatem & aucthoritatē, ac mandatū nr̄m speciale per praesent̄ ad vidend', legend', & exercend', omnia & singula [Page] record', rotulos, breuia, retorn̄, & muniment̄ quaecū (que) coram officiar̄ praedict̄, & quolibet eorū capt̄, fact̄, aut capiend', fiend', seu remanent̄, toties quoties dict' I. S. aut ei [...]s deputat̄ melius videbitur expedire. Ac etiā omnia & singula alia exercend' & agend' quae ad officium Contrarotulator̄ ꝑtin̄, siue consuet̄ fuerint faciend'. Habend', tenend', occupand', gaudend', & exercend' officium praed' praef. I. S. per se, aut ꝑ deputatū suum, vel ꝑ sufficient̄ deputatos suos pro termino vitae eiusd' I. S. vna cum oibus vad' & feod' eidē officio debit̄ aut consuet̄, aut pertin̄ siue spectan̄, percipiend' & persolu [...] ̄d' annuatim de exitibus & reuētionibꝰ com̄ nr̄or̄ C. & F. per manus receptor', balliuor', firmarior̄, praepositor̄, tenentiū, vel occupator̄ nostror̄, ac hered' vel successor̄ nostror' praed' Com̄ nostror̄ C. aut F. ꝓ tēpore existent̄, ad festa &c. ꝑ equales portiones, vna cum oībus alijs feod', ꝓficuis, commoditatibus, aduantagijs, libertat̄, iuribus, praeheminentijs, priuilegijs, & emolument̄ quibuscūque dict' officio Contrarotulatoris debit̄ & consuet̄, in tam amplis modo & forma, prout R. W. aut W. B. in vita sua habuer̄, seu eorū alter habuit, aut dputatꝰ suus, siue deputat̄ sui, vel aliquis alius, vel aliquialij, in, & pro officio praed' exercend' et occupand', habuit & percepit aut habuerunt & ꝑceper̄, seu habere aut percipere debuit, vel debuer̄ vllo modo: Eo quod expressa mentio &c. aliquo statut̄ &c. In cuius &c.

¶ A graunt of the Clerkship of Peace.

REx &c. omnibus ad quos &c. Salut̄. Sciatis &c. dilecto nobis Sect. 347. T. D. de &c. officium siue occupation̄ Clerici pacis in com̄ nr̄o F. ac etiam officiū siue occupation̄ Cleric' Coronae nr̄ae oīum & singular̄ Session̄ pacis nr̄ae haered' & successor̄ nr̄orū coram Iustic' ad pacē in dicto Com̄ conseruand' assign̄: Necnon ad diuers. felonias, transgres. & alia malefacta in eodē com̄ audiend' & determinand' assignat̄, aut per nos, haered', aut successor̄ nostros imposter̄ in dicto com̄ assignand': Ac etiā corā quibuscun (que) Iustic' per specialē commissionē vel cōmissiones speciales nr̄as haered' & successor̄ nostror̄ ad Gaolas in Com̄ praed' assignat̄ & assignand', & prison̄ in carceribus eius [...]ē existen̄ deliberand' de tēpore in tempus. Et ipsū T. D. clericum pacis ac dict̄ Coronae nostrae in dicto com̄ per totū eund' com̄ corā quibuscun (que) Iustic' nr̄is haered' & success. ni orū per p̄sentes, facimus, constituimꝰ, & ordinauimꝰ, ac deputauimus. Habend', occupand', & exercēd' officia siue occupation̄ p̄d' eidē T. D. vt cler' pacis & coron̄ in com̄ p̄d' per se, vel ꝑ sufficient̄ deputat̄ suū, siue deputat̄ suos sufficient̄, pro termino vitae eiusdē T. D. Habend', recipiend', & [Page] percipiend', de, in, & ꝓ officijs siue occupationibus praed' exercend, talia vadia. & feoda, emolument̄, ꝓfic' & regarda, qualia alij Cleric' pacis & Cleric' Coron̄ in alijs com̄ regni nr̄i Angl', pro officijs Clerici pacis & Cleric' Coronae, siue eorum (que) alter̄ exercend', habent aut habere debent separatim, secundum vim, formam, & eflectum cuiusdā actus Parliament̄ inter alia confect', aedit̄, & prouis. Et insuper volumus & mandamus ꝑ p̄sentes, qd' custos Rotulor̄ existen̄ in com̄ p̄d', durant̄ vita eiusd' T. his liter̄ nr̄is visis, aut per ipsum custod' siue custod' nr̄os in hac parte concessione, donatione, ordinatione, & deputatione praed' intellect' incontinenter deliber̄ & tradant, seu tradi aut deliber̄ faciant praef. T. vel eius in hac ꝑte deputat̄, siue deputat̄ suis, oīa & oīmod' record', memorand', & alia scripta, ad dict' officiū siue occupation̄ pertinent̄, siue qualitercun (que): spectan̄. Et quod praef. Custos siue custodes permittat siue permittant ipsum T. ad libitum suū ad nīum vsum, & interesse, ea oīa & singula haber̄, custodite, retinere, & occupare, & officia siue occupationes praed', in com̄ praed' exerc' & gaudere, cum oībus, feod', profic', & aduantag', in tam amplis modo & forma, sicut aliquis alius Clericus pacis aut Coronae, siue aliqui alij cleric' pacis & coronae in alijs com̄ regni nr̄i Angl' temporibꝰ retroact' ab antiquo habuit & ꝑcepit, habuer̄ & ꝑceper̄, abs (que) alia contradict', ꝑturbatione, seu grauamine inde quoquomodo fiend'. Prouiso sem ꝑ qd' idem T. virtute istar̄ literar̄ patent̄, aliter quam pro custod' offic' seu occupat̄ suor̄ p̄d' nullatenus oneret̄ seu grauet̄, per nos aut haered' nr̄os, absque aliquo compoto, aut aliquo alio ꝓ offic' siue occupationibus p̄d', nobis aut haered' nr̄is soluend' aut faciend': Et absque fine seu feod' ad vsum nr̄um pro p̄missis, seu aliquo p̄missor̄ reddend', soluend', aut faciend'. Eo qd' expressa mentio &c. In cuius rei &c. T. R. apud Westm̄ x. die Martij, Anno regni H. 8. nu ꝑ Regis Angliae xxxij. per breue de priuato Sigillo &c. anno supradict'.

¶ A grant of the office of a Scribe or Register.

VV. Permiss. diuina L. Episc', dilecto nobis in Christo W. salut̄ Sect. 348. & benedict': ob liter̄ scientiam & morū honestat̄ quibusapud nos fide dignor̄ testimonio pensant̄ inducimur, vt te fauore beneuolo ꝓsequamur: Offic' igitur Scribae & Registrarij cōmissariatus siue sequestratoris nr̄i generalistotius nr̄i Archidiaconatus N. cum oibus cōmoditat̄, iuribꝰ, feodis, ꝓficuis, & emolument̄ quibuscun (que), tam de iure quam de consuetud' Scribae siue Registrar̄ hm̄odi officij qualitercunque spectant̄ & pertin̄, siue debit̄ & debend', Tibi damus [Page] & concedimus per praesentes, Ette actorum scribā huiusmodi offic', ac Registri eiusdem custod' tenore praesentium praeficimus & deputamus, per te seu deputat̄ tuum idoneū quem adiunxeris: occupand' tenend', & habend', &c. Datum sub sigillo nostr̄ quod in promptu [...]am ad manus habemus, xij. die mensis Nouemb. An. Dom. &c.

¶ A Grant of the office of a Surueyorship.

REgina omnibus ad quos &c. salutem. Sciatis quod nos de fidelitate, Sect. 379. industr̄, & prouida circumspectione dilecti nobis I. T. gen̄, plurimum confident̄ de gratia &c. praef. I. T. officiū pertic' superuisor̄ terr̄ & tenement̄ omnium & singulorum honor̄, castrorum, dominiorum, maner̄, terr̄, redit̄, seruic', ac omnium aliorum possessionum & haeredit̄, haered' & successor̄ nostror̄ quorumcun (que) in com̄ nostro C. ac in omnibus villis & locis quibuscun (que) tam infra libertat̄ quam extra, infra praecinct', limit̄, & circuit̄ eiusdem com̄, in superuis [...]ord', & gubern̄ cur̄ Scaccarij nr̄i modo existen̄, seu imposter̄ quoquomodo existere contingen̄: Et quae nuper fuer̄ in su ꝑuis. ordine, & gubernac' nuper Cur̄ augment̄ & reuentionū Coron̄ Angl', adeo plene, libere, & integre, ac in tam amplis modo & forma, prout I. S. siue aliquis ꝑticular̄ superuisor̄ terr̄ praed' in dicto comit̄ C. per nomen vnius perticular̄ superuisor̄ terr̄ nuper Cur̄ augmentacion̄ & reuencion̄ Coron̄ Regiae habuit, tenuit, vel gauisus fuit, seu habere, tenere, vel gaudere debuit, ac ipsum T. ꝑticular̄ superuis. terr̄ & tenement̄ praed' honorū, castrorum, dn̄iorum, maneriorum, terr̄, ten̄t̄, redit̄, & seruic', ac aliorū possess. & hereditamentorum praed' facimus, ordinamus, & constituimus per praesentes. Habend', tenend', gaudend', & exercend' officiū praedict' praefat̄ I. T. per se, vel per sufficient̄ deputat̄ suum, siue deputat̄ suos sufficien̄, durante beneplacito nostro vna cum omnibus proficuis eidem officio quoquomodo spectan̄ & ꝑtinen̄ seu incumben̄. Et vlterius de ampliori gratia nostra dedimus & concessimus, & per praesentes damus & conced' eidem I. T. pro exerc' & occupatione officij praed', quandam annuitatem siue annuale feod' &c. per annum; Ac tot ac tantas denar̄ summas pro expensis suis, dum idem I. vel deputat̄ suus in aequitand', vel aliter circa negotia officiū praed' tangent̄, de tempore in tempus fuerint occupat̄, quot & quant̄, per discretion̄ T. C. S. & B. baron̄ Scaccarij nostri praedict' videbunt̄ esse necessar̄ & sufficien̄. Habend' & annuatim percipiend', tam eandem annuitatem siue feod' &c. quam dictas denarior̄ summas pro expensis suis circa officium praed' vt praefertur exponend' praefato I. &c.

[Page]

¶ Graunts of offices of Chamberlain of the Eschequer, Iustice in Eyre, Steward, Keeper of Castles, Master of the game &c.

PHilippus & Maria dei gratia Rex & Regina Angl' &c. Omnibus Sect. 350. ad quos pra sentes literae peruenerint salutem. Cum praeclarissimus pater noster praef. Regin̄, per literas suas patentes sub magno sigillo suo Angl' confect̄ geren̄ dat̄ apud &c. dederit & concesserit dilecto consanguineo suo G. Comiti S. iam defuncto, ac praedilec [...]o & fideli consanguineo & consiliario nostr' F. Comiti S. ordinis nostri Gart̄ Militi, per nomen F. T. filij & haered' apparentis praed' G. officia Constabular̄ & lanitoris castrorū suor' de R. & W. ac officiū Seneschalli dn̄ij & manerij de R. dn̄ij & manerij de M. dn̄ij & manerij de W. Necnon officium Magistri de duct̄ ferar̄ parci dicti patris nostri de O. Ac etiam officiū Magistri de duct̄ ferar̄ in chacea de M. in Marchia Walliae. Quae quidem dominia, maneria, ac caetera p̄missa adtunc fuer̄ parcell' com̄ dict̄ patris nostri March'. Habend', occupand', & exercend' oīa & singula p̄dict̄ officia praef. Comit̄ & F. per se, vel per sufficient̄ deputat̄, seu sufficient̄ deputatos suos, durante vita ipsorū Comitis & F. & alterius eorum diutius viuentis: Percipiend' in & ꝓ officijs illis exercend', vad', feod', profic', & commoditates eisdē officijs & eor̄ cuilibet debit̄ et consuet̄, in tam amplis modo et forma, ꝓut aliquis alius, vel aliqui alij, in, & pro eisd' officijs, seu eorum aliquo habuit et percepit, aut habuer̄ vel perceper̄ ad festa &c. aequis porcionibꝰ, per manus receptor̄ Com̄ March' pro tēpore existen̄, prout per easdem literas patentes inter alia plenius liquet & apparet. Et cum p̄dict̄ pater noster praef. Reginae, ꝑ alias literas suas patentes sub magno sigillo suo Angliae confect̄ geren̄ dat̄ &c. dederit & concesserit praef. G. Comiti Salop̄, et p̄dilecto & fideli consanguineo & consiliario nostr' F. Comit̄ Salop̄, per nomen F. T. armig' dn̄i T. filij sen̄ dicti G. officiū vnius Camerariorū de recept̄ Scaccarij dicti patris nostri, siue officium vnius Camerariorū de Scaccario eiusdem patris nostri, illud qd' E. D. adtunc defunct' nu ꝑ habuit & occupauit. Habend', tenend', gaudend', et occupand' officium p̄dict', vna cum constitutione et ordinatione vnius hostiariorū de recept̄ p̄dict̄ cum accideret, & cum constitutionibus & ordinationibꝰ oīum aliorū officiariorum & ministrorum eidem officio vnius Camerarior' qualitercunque ꝑtinen̄ siue spectan̄ eisdē Comiti & F. et eorū alteri diutius viuenti, per se, vel ꝑ sufficient̄ deputatum suum, siue deputatos suos sufficient̄ pro termino vitae eorū, & eorum alterius diutius viuentis. Ac cum oibus iuribus, emolum [...] ̄tis, robis, vestur', & ceteris commoditatibus, aduantagijs, & pertinen̄ quibuscunque eid' officio quoquo [Page] modo debit̄ & consuet̄ sue pertinen̄. Percipiend' in & pro officio illo talia vad', feod', & regard', & eisdē modo & forma, prout aliquis alius in eodē officio antehac habuit & percepit, absque aliquo compoto seu aliquo alio dn̄o patri nostro seu haered' suis inde reddend', soluend', seu faciend', prout per easdē Ir̄as patentes inter alia plenius liquet & apparet. Cumque etiam prae charissimus frater noster praefat̄ Reginae Edwardus sextus nu ꝑ Rex Angliae, per literas suas patentes sub magno sigillo suo Angliae confect̄, geren̄ datū apud Westm̄ &c. dederit & concesserit dicto praedilecto & fideli consiliario suo consanguineo nostro F. Comit̄ Salop̄, officium gardiani & capitalis Iustic', ac Iustic' sui itinerantis, omniū & singularum forestarū, parcorum, cha [...]earum, & warennarum suarum, cum suis pertin̄ quibuscunque vltra Trentam existentiū, quae dicto fratri nostro p̄fat̄ Reginae in iure Coronae suae, aut ratione alicuius attinctur̄, eschaet̄, forisfact', perquisitionis, excambij, seu quocūque alio modo pertinebant aut spectabant, seu adtunc imposterum ad manꝰ dict' fratris nostri praef. Regin̄ haered' aut successorum suorū deuenire contigerint: Dantes & concedentes eidē Comiti, plenam aucthoritatem & potestatem tenore dictarū literarum patentiū, ad omnia & omnimoda placita, quaerelas, & causas forestar̄, parcorum, chacearū, warrennarum praedict, tam de viridi gram, quam de venatione, ac de alijs causis quibuscun (que) infra easdē forestas, parcos, chaceas, & war [...] ̄nas, euenien̄ siue emergen̄, audiend' & determinand'. Cumque etiam praedict̄ frater noster ꝑ easdē literas patentes dederit & concesserit eidē Comiti officium Custod' & Magistri de duct' oīum & singular̄ ferarū suarū infra easdē forestas, parcos, chaceas, et war [...]nas, & eorū quemlibet seu quamlibet adtunc existen̄, & imposterū existend'. Cumque vlterius praed' frater noster per easdem Ir̄as patentes dederit et concesserit p̄fat̄ Comiti, oīa & singula eadē feod', regard', proficua, reuersiones, aduantagia, commoditat̄, et emolumēta quaecun (que) p̄dict̄ officijs, & eorū cuilibet quoquomodo ꝑtin̄ siue spectan̄, habit̄, vsitar̄, debit̄, inciden̄, siue consuet̄, in tam amplis modo &c. ꝓut A. B. adtūc defunct̄, aut aliquis alius, ea siue earū aliquod antea habuit, ꝑcepit, seu gauisus fuit, siue aliqui alij, ea seu eor aliꝙ antea habuerunt, pceperunt, seu gauisi fuerunt. Que quidē officia ac caetera p̄missa in dict̄ literis patent̄ gerent̄ dat̄ dicto &c. express. cum suis pertin̄, adtunc post mortē naturalē p̄dicti A. B. in manibꝰ et dispositione dicti fratris n [...]i extiterunt, & existere deberent. Habend', occupand', gaudēd', & exercend' officia p̄dict̄, et eorā quodlibet, ac oīa & singula caetera praemiss. cum suis pettin̄ pref. Comit̄, per se, vel per s [...]fficient̄ deputat̄ [Page] suū, siue deputat̄ suos sufficient̄ durante vita ipsiꝰ Comitis. Cumque insuper praed' frater nostr̄ per easdem literas patentes dederit & cō cesserit eidem Comiti, pro exercitio & occupatione offic' praed' gardiani & Iustic' dicti fratris nostri Itinerant̄ antedict', & caeteror̄ praemissorum quandam annuitatē siue annual' reditum centum librar̄ sterling'. Habend', tenend', gaudend', & annuatim percipiend' praedict' annuitatem siue annualem reditum p̄f. Comiti durante vita sua, de Thes. dicti fratris nostri, haered' & successorum suorum per manus Thesaur̄ camerae suae haered' & successor̄ suor̄ pro tempore existen̄, aut per manus huiusmodi personae seu aliar̄ personar̄, cui vel quibus dictus frater noster haered' & success. sui officium Thes. praed', per nomen Thes. aut per aliud quodcunque nomen illud dare & conced' voluerit, aut aliquis haered' vel successor̄ dicti fratris nostri dare & conced' voluerit, ad festa Sancti Michaelis archangeli, & Annunc' beatae Mariae virginis, ꝑ equales portiones annuatim soluend', vna cum omnibꝰ praedictis alijs vadijs, feodis, regard', proficuis, commodit̄, aduantagijs, & emolumentis praed' officio, & eor̄ cuilibet pertinen̄, spectan̄, debit̄, inciden̄, siue consuet̄, in tam amplis modo & forma, prout p̄d' A. B. aut aliquis alius siue aliqui alij officium praed', seu eorum aliquod vel aliqua habens siue occupans, habentes siue occupant̄, habuit aut percepit, habuerunt autperceper̄. Habend', occupand', gaudend', & exercend' officia praed' & eor̄ quodlibet; ac oīa & singula caetera praemissa cum suis pertin̄ praef. Comiti, perse, vel ꝑ suffic' deputat̄ suum pro eisd' & eorū quolibet absque compoto, seu aliquo alio inde dicto fratri nostr̄, haered' vel successoribus suis pro p̄missis, seu aliquo praemissor̄ dand', reddend', soluend, vel faciend'. Cumque etiam praed' frater noster per easdem literas patent̄ dede [...]it & concesserit pro se haered' & successor̄ suis eid' Comit̄, plenam potestat̄ & auctoritat̄ faciend', nominand', constituend', deputand', & assignand', de tempore in tempus durante vita sua, omnes & singulos Subseneschall', officiar̄, ac Clericos cur̄ Swannimot̄, ac oēs alios cler̄ & ministros in quibuscunque itineribus, seu cur̄ dict' fratris nostri de statu ferar̄, parcor̄, chacearū, & warrenn̄ praed', & eorum seu earum cuiuslibet, tenend', occupand', & exercend', & eos & eor̄ quemlibet iuxta discretionem eiusd' Comitis amouend' & expellend', aliosque in sua vice vel in suis vicibus de tempor̄ in tempus locand', constit̄ & ponend'. Cumque etiam p̄d' frater noster voluerit & concesserit qd' virtute dictar̄ literar̄ paten̄, omnes hm̄odi Subsenesch. clerici, offic' & Magistr̄, & eor̄ quilibet de tempore in tempus, haberet, perciper̄, & gauderet, haberent, perciperent, & gauder̄, vadijs, feod', proficuis, [Page] regardis & aduantagijs eis & eor̄ cuilibet, pro exercitio siue occupatione officiorum suorū, vel eorum alterius ab antiquo solut̄, debit̄ & consuet̄. Cumque vlterius praed' frater noster per easdem literas patentes, dederit & concesserit prose, haered' & successoribus suis praef. Comiti, plenam & legitimam potestatē & authoritatem, quod ipse per totam vitam suam pro certis finibus secum fiend', & ad opus dicti fratr̄ nr̄i leuand', licite valeret & potuisset de tempore in tempus cuicunque & quibuscunque subditis dicti fratris nostri licentiā dare specialem, quod ipse & eorum quilibet licite facere valerent & valer̄ quascunque copicias, oīmod' arbor̄ boscorum, & subboscorū dicti fratris nostri infra praed' forestas, parcos, chaceas, & warrennas, aut eorum aliqd' crescen̄. Necnon dict' arbores [...]Punc [...] boscos, & subboscos in huiusmodi copicijs crescen̄ succidere, ꝓsternere, & abinde cariari facere de tempore in tempus: Ita tamen quod succitiones, prostrat̄, & abcariationes inde fierent tempor̄ anni congruis & oportunīs, & non in mensibus vetitis, nec in exilium ferarum dictifratr̄ nr̄i ibidem morā facere & manere consuet̄. Ac qd' copiciae huiusmodi concluderentur, prout mos est, secundum assis. Forestae dicti frattis nostri & mensur̄ in eadem vsitat̄. Cum (que) etiam dictus frater noster per easdē literas patentes concesserit eidem Comiti, quod dictae licentiae ꝑ eundē Comitē, modo & forma praed' adtunc imposterum cuicun (que) aut quibuscun (que) sub ditis dicti fratr̄ nr̄i concedend' essent adeo efficaces & validae in lege & tanti vigoris, prout si concess. fuissent ꝑ dictū fratrem nostrum haered' aut success. suos, sub magno sigillo Angliae extra Cancellar̄ suam, prout ꝑ easd' literas patent̄ inter alia plenius liquet & apparet. Qui quidem G. nu ꝑ Comes iam defunctus existit vt accepimꝰ, quodque praed' E. nu ꝑ Comes S. modo habet & tenet sibi & assign̄ suis, omnia & singula officia praedict', ex donis & concessionibus praedict' patris & fratris nostror̄, Dict' dominae Reginae in forma praedicta fact' & concess. Sciatis quod nos praedicti Rex & Regina, in consideratione boni veri fidelis & acceptabilis seruitij qd' praedilectus & fidelis seruiens noster G. T. Miles, dominus T. filius & haeres apparens praedicti consiliarij & consanguinij nostri F Comit Salop̄ nobis antehac multipliciter impendit, & quod indies impend' intendit, de gratia nostra speciali, ac ex certa scientia, & mer̄ motu nostris dedimus & concessimus, ac ꝑ p̄sentes, p nobis, haered', & successoribus nostris damus & concedimꝰ praefat̄ G. T. Militi, dn̄o T. dicta officia Constabular̄ & Ianitoris priedictor̄ castrorum nostrorum de Rad. & Wig. ac dictum officium Seneschall' dicti dominij & manerij de R. ac dn̄ij & manerij de W. dn̄ij & manerij de M. dominij [Page] & manerij de E. dominij & manerij de R. dominij & manerij de C. T. dominij & manerij de P. dn̄ij & manerij de N. dn̄ij & manerij de G. dominij & manerij de K. ac dictum officium custod' parci de W. ac officium custod' eiusdem parci: Nec non dicti magistri de duct' ferarum dicti parci nostri de O. Ac ipsum. G. T. Militem dominū T. Constabular̄ & Ianitorem praedictorum castrorum nostrorum de R. & W. ac Senescallum dictorum dominiorum maneriorum & parcorū praedictor̄ vltime specificat̄, & eorum cuiuslibet facimus, ordinamus, & constituimus per praesentes. Habend', gaudend', occupand', & exercend', omnia & singula p̄dicta officia constabular̄ & ianitoris p̄dictorum castrorū nostrorum, ac Senescallum dictorum dominiorum, maneriorum & parcorum p̄dictor̄ vltime specificat̄, & eorum cuiuslibet praefato G. T. Militi domino T. per se, vel per sufficient̄ deputatum suum, siue deputat̄ suos sufficiētes immediate post mortem dicti praedilecti consiliarij & consanguinei nostri F. Comitis S. post interesse eiusdem Comitis, de, & in eisdem officijs p̄dict̄ vltim̄ recitatis complet̄ & expirat̄: Et quam cito dicta officia, vel eorum aliquod ꝑ sursum redditionē, forisfactur̄, aut aliquo alio modo primo & ꝓxim̄ vacari contigerit, pro termino vitae dicti G. T. Milit̄ domin̄ T. Percipiend annuatim, in, & pro exercitio & occupatione dicti officij vltim̄ specificat̄ separal' vadia, feoda, ꝓficua, regard', commoditates, & āduantag' eisdem officijs, seu eorum alicui debit̄ & consuet̄, aut quouismodo spectan̄ siue pertinen̄, in tam amplis modo & forma, ꝓut praedict' F. modo Comes Salop̄, aut aliquis alius, siue aliqui alij, in, & pro eisdem officijs, seu eorum aliquo habuit aut percepit, aut habuerūt & ꝑceperunt, ad festa P. & Sancti Mich. archangel', aequis portionibus annuatim per manus Receptor̄ com̄ nostri March. pro tempore existent̄ soluend'. Ac etiam ex gratia nr̄a speciali, ac pro nobis, haered', & successoribus nostris p̄dict' Reginae, damus & concedimus p̄fat̄ G. T. Militi domino T. praedict' offic' vnius Camerariorum Receptorum Scaccarij nostri, siue officium Camerariorum de scaccario nostr̄ illud quod p̄dictus consiliarius nostr̄ F. Comes Salop̄ modo habet & occupat, vna cum constitutione & ordinatione vnius hostiar̄ recept̄ p̄dict' cum acciderit, & cum constitutionibus & ordinationibus omniū aliorum officiariorum & ministrorū eidem officio vnius Camer̄ qualitercunque spectan̄ siue pertinen̄. Ac ipsum G. T. Milit̄ dominum T. vnum Camerar̄ de receptis nostr̄ praedict', seu vnum Camerar̄ de Scaccario nostro, facimus, ordinamus, & constituimus ꝑ p̄sentes: Habend', gaudend, tenend', & occupand' officium p̄dict' vnius Camerariorum de recept̄ Scaccarij nr̄i p̄dicti, vna cum constitut̄ & ordinationibus [Page] vnius hostiariorum recept̄ praedict̄: Ac cum ordinationibus & nominationibus oīum aliorū officiariorum & ministrorum eidē officio qualitercun (que) spectan̄ siue pertinen̄ p̄fato G. T. Militi domino T. perse, vel per sufficient̄ deputatum suum, siue deputat̄ suos sufficientes immediate post mortem dicti praedilecti consiliarij & consanguinei nostri F. Comitis S. vel post interesse eiusdē Comitis, de, & in eodē officio complet̄ & expirat̄: vel quam cito dictū officium ꝑ sursumredditionē, forisfactur̄, aut aliquo alio modo primo & ꝓxim̄ vacari contigerit, pro termin̄ vitae dicti G. T. Milit̄ domin̄ T. vna cum omnibus iuribus, cōmoditatibus, emolumentis, & ꝓficuis, & caeteris pertinen̄ quibuscun (que) eidē officio quoquo modo spectan̄ siue ꝑtinentibꝰ debit̄ siue consuet̄. Habend' & percipiend' annuatim, in, & pro exercitio & occupatione dicti officij, omnia talia feoda & regard' eidē officio quoquo modo incident̄, spectan̄ siue pertinen̄, in tam amplis modo & forma, ꝓut consanguineus & consiliarius noster F. Comes S. aut aliquis alius, siue aliqui alij, in, & pro eodē officio ante hec tēpora habuerunt & perceperunt, habuit aut percepit, abs (que) aliquo compoto, seu aliquo alio nobis, hered', aut successoribꝰ nostris p̄dictae Regine redd [...]nd' vel f [...]ci [...]nd'. Ac insuper noueritis nos ꝓ consideratione p̄dict', de gratia nostr̄ speciali, ac ex certa scientia & mero motu nr̄is dedimus & concessimus, ac per p̄sētes pro nobis, haered', & successoribus nostris p̄fatae Reginae damus & concedimus p̄fato G. T. Milit̄ domino T. officium gardiani capitalis Iusticiar̄, ac Iustic' nostri itinerantis, oīum & singulorū forestarū, parcorum, chacearum, & warennarum nostrarū cum suis pertinentijs quibuscunque vltra Trentam existen̄, quae nobis & in iure Coronae nostre, aut ratione alicuius attinctur̄, eschaet̄, forisfacture, perquisitionis, excambij, seu quocun (que) alio modo ꝑtinen̄ aut spectan̄, seu imposterū ad manus nostras hered' aut successor̄ nostrorū dicte Regine deuenire contigerint siue tontigerit. Ac ipsum G. T. Mili [...] dominum T. gardianum & capitalem Iustic' nostrum itinerant̄, omnium & singuloram forestarum, parcorum, chacearum, & warrennarū nostrarum praedictarū vltra Trētam praedictam existen̄ facimus & ordinauimus & constituimus per praesentes: dantes & concedentes eidem G. T. Militi domino T. plenam potestatē & aucthoritatem tenore presentium, ad omnia & omnimod' placita, querelas, & causas forestartum, parcorum, chacearum, & warrennarum predict', tam de viridi granor̄, quam de venatione, ac de alijs causis quibuscunque infra easdē forestas, parcos, chaceas, & wa [...]ennas nostras euenientes siue emergen̄, audiend' & determinand'. Damus etiam ac ꝑ p̄sentes [Page] pro consideratione praedicta, pro nobis, haered', & successoribus nostris praefatae Reginae, concedimus praefato G. T. Militi domino T. predict' offic' custod' & Magistri de duct' omnium & singular̄ ferar̄ nostrarum infra praedict' forest', parcos, chaceas, & warrennas vltra Trentam predictam, & in eorum quemlibet & quamlibet existen̄ & imposterum existen̄. Ac ipsum G. T. Militem dominum T. custod' & Magistrum de duct' omnium & singularum ferarum nostrarum infra easdem forestas, parcos, chaceas, & warrennas, & infra eorum quemlibet seu quamlibet, existen̄ & imposterum existend' facimus, ordinamus, & constituimus per praesentes: Habend', gaudend', exercend', & occupand' praedictum officium gardiani & capitalis Iusticiar̄ itinerant̄, omnium & singulorum forestarum, parcorum, chacearum, & warrennarum praedictarum vltra Trentam p̄dictam. Necnon p̄dict' officium custod' & Magistri de duct' omnium & singularum ferarum nostrarū infra easdem forestas, parcos, chaceas, & warrennas p̄dict', & eorū quodlibet, cum omnibus iuribus, proficuis, commoditatibus, et aduantagijs quibuscun (que) eisdem officijs & eorum vtrique, vel alicui modo spectan̄, pertinen̄, inciden̄, vel incumben̄, immediate post mortem dicti predilecti Consiliarij & consanguinei F. Com̄ S. aut post interesse eiusdē Com̄, de, & in eisdem officijs vltim̄ recitat̄, complet̄, & expirat̄, vel quam cito eadē praedict̄ separalia officia vltime specificat̄, vel eorum aliquod vel aliqua, per sursumred ditionē, vel forisfact', seu quocun (que) alio modo primo & prox. vacari contigerint vel contigerit p̄fato G. T. Militi domino T. perse, vel per sufficient̄ deputat̄ suū, siue deputat̄ suos sufficient̄, ad terminum & pro termino vitae naturalis ipsius G. T. Militis domini T. Et vlterius sciatis quod nos de ampliori gratia, ac ex certa scientia & mero motu nostris dedimꝰ & concessimus, ac per p̄sētes pro nobis, haered', & successoribꝰ nostris p̄fat̄ Regine, damus & concedimus p̄fato G. T. Militi dn̄o T. pro exercitio & occupatione dictorum officiorū gardiani & capitalis Iustic' nostri Itinerant̄, omnium & singulorum praedictorū forestarū, parcorum, chacearum, & warrennatū vltra Trentā p̄dictam. Ac officiū custod' & Magistri de duct̄ ferarū nostrarū infra eadē forestos, parcos, chaceas, & warennas, ac caeterorū praemissorum vltra Trentam p̄dictam quandam annuitatem siue annualē redditū centum librarū, legalis monet̄ Ang. &c. Habend', tenend', & gaudend' eandem annuitatem siue annualem redditum p̄fato G. T. Militi domino T. durante vita sua, de Thesaurario nostro, haered' & successorū nostrorum praefatae Reginae, per manus Thesaurarij Camere nostre, haered' et successorū nostrorum [Page] praefate Reginae pro tempore existen̄, aut per manus custod' Thesauri nostri, hered', aut successorum nostrorum, aut per manꝰ hm̄odi pson̄, siue illarum personarū, cui vel quibus nos, haered', aut successores nostri p̄fat̄ Reginae officiū Thesaurarij p̄dict', per nomen Thesaurarij, aut per aliud quodcunque nomen illud dare & concedere volumus, aut aliquis haered' vel successorum nr̄orum dare & concedere voluerit, ad festa Sancti Mich. archang', & Annunc' beate Marie virginis, ꝑ equales porciones annuatim soluend': primo termino solutionis inde incipient̄ad tale festum festorum p̄dictor̄ qd' primo acciderit post mortem dicti C. S. aut post sursumredditionem, vel forisfacturam officiorum suorum p̄dictorum vltime specificat̄, vna cum omnibus alijs feodis, vadis, regard', proficuis, cōmoditatibus, aduantagijs, & emolumentis eisdē officijs, & corum cuilibet pertinentibus, spectan̄, debit̄, incident̄, siue consuet̄, in tam amplis modo & forma, prout A. B. aut aliquis alius, siue aliqui alij eadem officia, seu eorum aliquod vel aliqua habens siue occupans, habentes siue occupantes habuit aut percepit, habuerunt aut perceperunt pro eisdem & eorum quolibet, abs (que) compoto, seu aliquo alio inde nobis, hered', seu successoribꝰ nostris, dand', reddend', soluend', seu faciend'. Et vlterius damus & concedimus pro nobis, haered', & successoribus nostris p̄fat̄ Reginae per praesentes praefato G. T. Militi domino T. plenam potestatem & aucthoritatem faciend', nominand', constituend', deputand', & assignand', de tempore in tēpus durante vita sua, omnes & singulos Subseneschallos, Officiarios, ac Clericos cur̄ Swanimotorū attachiament̄, ac omnes alios clericos & ministros in quibuscunque itineribus seu cur̄ nr̄is de statu ferarum, parcorum, chacearum, & warennarum p̄dict', & eorum & earū cuiuslibet, tenend', occupand', & exercend', & eorum quemlibet, iuxta discretionē eiusdem G. T. Militis domini T. amouend' & expellend', aliosqu\l=e'\ in sua vice, vel in suis vicibus de tēpore in tempus locand', constituend', & ponend'. Volumus etiam & concedimus, quod virtute harum literarum nostrarum patētium, omnes hm̄odi Subseneschalli, Clerici, Officiarij, & Magistri, et eorum quilibet de tempore in tempus, habeat, percipiat, & gaudeat, habeant, percipiant, et gaudeant vadijs, feodis, proficuis, regardis, & aduantagijs eis, & eorum cuilibet, pro exercitio siue occupatione officiorum suorum, vel eorum alicuius ab antiquo solut̄ & consuer̄. Ac etiam sciatis qd' nos de vberiori gratia nostra dedimus & concessimus ac per praesentes pro nobis, haered', & successoribus nostris praefat̄ Reginae, damus & concedimus prefato G. T. Militi domino T. plenam & legitimam potestatem & [Page] aucthoritatem, quod ipse per totam vitam suam pro certis finibus secum fiend', & ad opus nostrum leuand', licite valeat & possit de tempore in tempus cuicunque & quibuscunque subditis nostris licentiam dare specialem, quod ipsi & eorum quilibet licite facere valeant & valeat, quascunque copicias, omnimod' arborum, boscorum, & subboscorum nostrorū infra predict̄ forestas, parcos, chaceas, & warrennas, aut infra eorum aliquod crescent̄: Necnon dict' arbores, boscos, & subboscos in huiusmodi copicijs crescent̄ succidere, prosternere, & abinde cariari facere de tempore in tempus. Ita tamen quod succisiones, prostrationes, & abcariationes inde fiant temporibus anni congruis & opportunis, & non in mensibus vetitis, nec in exilium ferarum nostrarū ibidem moram facere, & manere consuet̄: Ac quod copicie huiusmodi concludantur, prout mos est secundum Assisam Foreste nostre & mensur̄ in eadem vsitat̄. Concessimus etiam per presentes eidem G. T. Militi domino T. qd' dictae licentie per eundem G. T. Militem dominum T. modo & forma predict̄ imposterum cuicunque aut quibuscunque subditis nostris concedend', sint adeo efficaces & validae in lege, & tanti vigoris, ꝓut si concesse essent ꝑ nos, hered', & successores nostros sub magno sigillo Angliae extra Cancellar̄ nostram. Praecipimus etiam & damus per praesentes, vniuersis & singulis Archiepiscopis, Episcopis, Ducibus, Comitibus, Baronibus, Iusticiar̄, Militibus, Vicecomitibus, Forestarijs, Viridarijs, Regardatoribus, Agistator̄, woodward', & omnibus alijs Officiarijs & fidelibus nostris, tam infra libertates quam extra, tenore praesentium firmiter in mandatis, quod eidem G. T. Militi domino T. aut deputato siue deputatis suis, in omnibus & singulis premissis faciend' & exequend', attendentes, assistentes, consulentes, & auxiliantes sint in oibus prout decet. Eo quod expressa mentio de vero valore annuo, aut de certitudine praemissorum siue eorum alicuius, aut de alijs donis siue concessionibus per nos, vel per aliquem progenitorum nostrorum dicte Reginae praefato G. T. Militi domino T. ante hec tempora fact' in presentibꝰ minime fact' existit, aut aliquo statuto, actu, ordinatione, prouisione, siue restrictione inde in contrarium fact', edit̄, ordinat̄, siue prouisis, aut aliqua alia re, causa, vel materia quacunque in aliquo non obstante. In cuius rei testimonium has literas nostras fieri fecimus patentes. Testibus nobis ipsis apud Westmonasterium &c.

[Page]

¶ A graunt of the Earle Marshals office and honor, with an Annuitie.

ELizabeth Dei gratia Anglie &c.

Omnibus ad quos praesentes litere

Sect. 351.

peruenerint, salutem.

Inspeximus irrotulamentū q [...]arundam literarum patentium, geren̄ dat̄ apud Westmonast. secundo die lanuarij, anno regni xv. praechatissimo consanguineo & Consiliar̄ nostro G. Comiti Salop̄ fact̄, & in rotulis Cancellar̄ nostrae irrotulat̄, in quo continetur vt sequitur. Regina omnibus ad quos &c. Sciatis quod nos bona laudabil' & acceptabilia seruitia & obsequia que praecharissimus consanguineus & Cons [...]liar̄ nostr̄ G. Comes S. nobis ante hec tempora multipliciter & diuersimodo impendit, in diesque impēdere non desistit intimo merito contemplantes, de gratia nostra speciali, & ex certa scientia & mero motu nostris dedimus & concessimus, ac per praesentes pro nobis, haered', & successoribus nostris damus & concedimꝰ eidem Comiti S. officiū Comitis Marischall' Angliae: Ac ipsum Comitem Salop̄ Comit̄ Marischall' Angl' creamus, ordinamus, & constituimus per praesentes, Et ei nomen, stylum, titulum, statum, aucthoritatem, & honorem Comit̄ Marischall' Angl', vna cum omnibꝰ & singulis suis officijs, commoditatibus, emolument̄, preheminenc', nominationibus, officijs, & alijs suis pertinentijs quibuscun (que), tam in curijs nostris quam alibi, eidem officio Comit̄ Mar [...]schall' Angliae qualitercunque spectant̄, siue de iure ab antiquo pertinent̄, per p̄s [...] ̄tes damus & concedimus: Ac in eodem officio ac cet [...]ris premissis eidem officio (vt premitticur) pertinent̄ ipsum Comitem Salop̄ inuestimus & corroboramus, in tam amplis modo, potestate, & aucthoritate, ꝓut T. Dux Norff. nuper de alta proditione attinct', per quam attinctur̄ predictū officium & dispos [...]tio eiusdem ad manus nostras deuenit, & in manibus nostris iam existit: Ac in tam amplis, modo, potestate, & aucthoritate, prout T. Dux Norff. dum vixit, auus dicti nuper Ducis, aut E. nuper Dux Somers. aut I. M. quondam Dux Norff. vel aliquis alius Comes Marischallus Angl' ante hec tempora ossicium illud habens siue exercens, habuit siue exercuit. Habend', tenend', exercend', & occupand' praedictum officium, ac omnia & singula aucthoritar̄, [...]risdictiones, commoditates, & caetera praemissa quaecunque eidem officio qualitercunque pertinentia, siue de iure spectant̄ eidem Comiti Salop̄ pro termino vitae sue, per se, vel per sufficient̄ deputatum suum, aut per sufficientes deputatos suo [...], absque compoto vel aliquo alio nobis, haeredibus, vel successoribus nostris pro officio praedicto & caeteris premissis, seu eorum aliquo quouismodo [Page] reddend', soluend', vel faciend'. Damus etiam ac per praesentes, pro nobis, haered', & successoribus nostris concedimus praefat̄ Comiti Salop̄, quod ipse & quilibet deputatus saus ratione di [...]ti officij habeat, gerat, & deferat, tam in praesentia nostra, haered', & successorum nostrorum, quam in absentia nostra, heredum & successorum nostrorum quendam baculum aureum ad vtrumque sinem de nigro annulat̄ & cum signo armorum nostrorum, & heredum & successorum nostrorum in superiore fine dicti bac [...]li, & cum s [...]gno armorū dicti Comitis Salopie in inferiori fine eiusdem baculi sculpt̄ & ornat̄ licite & impune, absque impetitione nostra, heredum & successorum nostrorū, vel Iusticiar̄ aut officiar̄, seu aliorū ministrorum nostrorum quorumcunque, haeredum vel successorum nostrorum. Et quod idem Comes Salop̄, vt Comes Marischallus Anglie iuxta nominis sui decentiam hac praesenti charta nostra confirmationis possit honorificentius se habere, dedimus & concessimus, ac per praesentes pro nobis, haeredibus, & successoribus nostris damus' & concedimus, ac hac praesenti charta nostra confirmationis praefat̄ Comiti Salop̄, pro statu Comitis Mareschall' Angl' manutenend' quendam annualem redditum viginti librarum. Habend', & annuatim percipiend' dict' annual' redit̄ xx. l [...]br̄ prefat̄ Comiti Salop̄ pro [...]ermino vite sue praedict', de exitibus, proficuis, & reuentionibus hanaperij cancellar̄ nostrae, heredum & successorum nostrorū, prouenien̄ siue crescen̄, per manus custod' siue Clerici eiusdē hanaperij, aut aliorum occupatorum, receptorū, siue perceptorum proficuorum & exituum eiusdem hanaperij pro tempore existen̄, ad festum Sancti Michaelis archangeli, & Paschae, per aequales porciones soluend', absque compoto, seu aliquo alio onere nobis, haeredib [...]s, vel successoribus nostris pro praemissis, vel aliquo praemissorum quouismodo reddend, soluend', vel faciend'. Eo quod expressa &c. In cuius rei &c. Teste Reg. apud Westmonaster̄ &c. per breue de priuato sigillo. Nos autem tenorem irrotulament̄ literarum patentium praedictarum, ad requisitionem praefat̄ G. Comitis Salopiae duximus exemplificand' per presentes. In cuius rei &c. Teste meipsa apud Westmonaster' quinto die M. anno regni nostri xxxiiij.

¶ A graunt for lyfe without impeachment of wast.

SCiant &c. quod ego T. G. de N. generosus, ꝓ certis bonis & rationabilibus Sect. 352. causis & considerationibus me specialiter mouētibus, [Page] dedi, concessi, & per hanc chartam meam indent̄ confirmaui B. S. viduae, totum illud capitale mesuagium meum cum pertinentijs in T. iuxta N. in comitatu N. Habend' &c. praedict̄ &c. praefato B. S. & assign̄ suis, pro termino vitae ipsius B. ad solum opus & vsum eiusdem B. &c. pro termino vitae sue, absque impetitione alicuius vasti. Ita quod immediate post mortem eiusdē B. praedict̄ mesuagiū &c. integre reuertant mihi praefat̄ T. G. & haered' meis imperpetuum. Tenend' de capitalibus dn̄is feodi &c. In cuius &c.

¶ A graunt of a Mesuage for life.

SCiant praesentes & futuri, quod ego Walterus H. de Waitam &c. Sect. 353. R. L. &c. vnum mesuagium cum curtilagio & crofto adiacent̄ &c. Habend' p̄dict̄ mesuag' &c. praefat̄ R. ad termin̄ vitae sue de me, & haered' meis, absque impetitione vasti: Reddend' inde annuatim mihi & haered' meis vnam Rosam rubeam (si petatur) ad festum S. Ioh. Bap. &c. Et faciendo sectam curiae mee de W. de tribus septimanis in tres, pro omnibus alijs seruicijs, exactionibus, & demand', toties quoties dict' curia mea teneri contigerit. Et post decessū praedict̄ R. tunc praedict̄ mesuag' &c. vt supra. Et ego vero p̄fat̄ W. & haered' mei, p̄dict̄ mesuag' cum curtilagio &c. p̄fat̄ R. ad termin̄ vite suae per seruic' superius dicta & expressa, contra omnes gentes warrantizab. tuebimur, & defendemus per praesentes. In cuius rei &c.

¶ The collation of a Free Chappell.

R Ex &c. vt supra 327. a. liberam Capellam sancti S. apud L. in comitat' Sect. 354. Linc'. Habend' &c. praef. A. B. durante vita ipsius, cum omnibus suis iuribus & pertinen̄ vniuersis &c. In cuius &c.

¶ A graunt for lyues.

THis Indenture &c. Betwixt I. C. and F. C. and A. his wife, Witnesseth Sect. 355. that the said I. in accomplishment of a couenant & grant contained in a paire of Indentures bearing date &c. made betwixt R. C. on thone partie, & the same I. C. on thother partie, Hath demised and granted, and by these presents doth demise and grant vnto the said F. and A. all that the Manor of F. with thappurtenances in the said Countie, and all and singuler his lands, tenements, and heredi [...]aments with thappurtenances in F. and B. in the said Coun [...]y, The [Page] villeins regardant to the said Manor, and all and singuler the bondayes and workes of the tenants & farmers there, for the cariage of coales, alwaies foreprised, excepted, and reserued vnto the said I. C. his heires and assignes. To haue and to hold the said Manor of F. and all and singuler other the premisses (except before excepted) to the said F. and A. for, and during the naturall liues of the said F. and A. and the longer liuer of them. Yelding and paying therefore yerely during the naturall life of the said I. C. vnto the said I. C. and his assignes xx. li. of lawfull English money, at the feast of &c. And if it happen the said yerely rent, or any part therof to be behind & not paied by the space of xl. daies after either of the said feastes, in which it ought to be paied, and the same being lawfully demanded: That then and from thenceforth it shall be lawful for the said I. C. and his assignes to enter into the premisses, and not onely to distrain for the said rent and euery part thereof, so being arrere and vnpaied, but also for the summe of fiue poundes of lawfull English money in nomine paene, which they the said F. and A. granteth to pay to the said I. C. and his assignes so often as the same yerely rent of xx. li. or any part thereof so shall be arrere and not paied by the space of fortie dayes after the feast or feastes, at which it ought to be paied. And the said F. and A. do couenant for them &c. that the said F. and A. and the longer liuer of them, shal during the said terme of their liues, and the longer liuer of them, vphold, repaire, and maintaine the premisses in all maner of charges. And also shall vphold, repaire, and maintaine the bank and seadicke iu such maner and forme, as the said I. C. his heires and assignes ought to haue done, if these presents had neuer bin had or made. In witnesse &c.

¶ The Kings collation of a Prebend made causa permutationis.

HEnricus &c. Sciatis quod cum A. B. Rector ecclesie parochial' Sect. 356. de W. N. diocesis, & C. D. Canonicus in Ecclesia Cathedrali sancti P. L. diocesis, ac praebendarius praebendae de H. in eadē Ecclesia, intendunt (vt asserunt) beneficia sua pred' adinuicem permutare: Nos prae bendam predictam ad nostram donationem spectantem ratione temporalium Episcopatus Londinensis in manu nostra in praesenti existentium, praefat̄ A. ex causa huiusmodi permutationis, dedimus & concessimus, ac per praesentes damus & concedimus &c. Habendum &c.

[Page]

¶ A graunt of a Parsonage by the King in pure almes.

REx &c (vt supra 327. a.) dilectis nobis in Xp̄o Decan̄ & Canonicis Sect. 357. libere Capellae nostr̄ Reg. S. Georg' infra castrū nostrū de W. aduocation̄ & patronat̄ vicar̄ Ecclesie de N. in Com̄ H. Habend' &c. praefat̄ Decan̄, Canonicis, & successoribus suis imperpetuum in puram & perpetuam eleemosynam, absque aliquo impedimento, impetitione, perturbatione, molestatione inquietation̄, seu grauamine nostro, seu haered' nostrorū, Iustic', Eschaetor̄, Vicec', Coron̄, aut aliorū balliuorū, seu ministror̄ nr̄orum, vel haeredum nostrorū quorumcū (que), abs (que) apporto, firm̄, compoto, vel ratiocinio, aut alio proficuo quocunque nobis vel haered' nostris inde reddēdo, soluendo, seu faciendo: Statut̄ de terris & tenementis ad manū mortuam non ponendis aedito, aut aliquo sta [...]uto de possessionibus alienigen̄ fact', aedito, siue, ꝓuiso, in contrar̄ non obstante. (b) Aut eo quod expressa mentio de vero valore annuo, aut de certitudine p̄missorā seu alicuius corundē, aut de alijs donis siue concessionibus p̄f. Canonicis vel praedecessoribꝰ suis, per nos, vel progenitores nr̄os ante haec tēpora factis, in presentibꝰ minime fact' existit. (c) Aut aliquo statuto, actu, ordinatione, vsu, constitutione, ordinac', restrictione, siue ꝓuisione, edit̄, fact', ꝓuisis, seu ordinatis, aut aliqua alia re, causa, vel materia quacunque in contrariū non obstante. In cuius rei &c.

¶ A graunt of a Prebend void by promotion.

REx &c. ac intuitu charitatis, dedisse &c. dilecto scholari nostro Sect. 358. I. L. Canonicatū in Ecclesia nostra Cathedral' Sarum, & praebendam de H. in eodē, modo per promotionem dilecti nobis in Christo R. T. dudum ac vltimi Incumbētis eorundē ad Episcopatū N. vacantem, & ad nostrā donationē ratione ac in iure praerogatiue nostr' Regie spectantē. Habend' & tenend' Canonicatū & p̄bēdam praedictā, p̄fat̄ I. ad terminū vitae ipsius I. vna cum omnibus & omnimodis iuribus, praeheminentijs, & pertin̄ vniuersis. In cuius &c.

¶ A graunt of a Warren.

REx &c. vt supra 327. a. dilecto ac fideli nostro T. M. Militi, quod Sect. 359. ipse & haered' sui imperpetuū habeant liberam warrennam in o [...]bus dominicis terr' suis de N. in com̄ E. dum tamen terrae illae non sint infra meta; forestae nostr̄, ita qd' nullus intret terras illas ad fugandum [Page] in eis, vel aliquid capiend' quae ad warrennam pe [...]tineat, sine licentia & voluntate ipsius E. vel haered' suorū, sub fo [...]isfactura nobis decem librarum. Quare volumus & firmiter praecipimꝰ ꝓ nobis & haered [...]bus n [...]is, qd' ipse & haeredes sui imperpetuū habeant liberā warrennam in oibus dominicis terris suis de N. praedict' dum tamē terre illae non sint infra metas forestae nostrae. Ita ꝙ n [...]llus intret terras illas ad fugandū in eis, vel aliquid capiēdum quod ad warrennam ꝑtineat, sine licētia & voluntat̄ ipsius T. & haered suor̄, sub forisfactura nobis x. librarū, sicut p̄dictū est. His testibus &c.

¶ The graunt of a Prebend in a Colledge.

HEnricus &c. Dilectis nobis I. O. Decano collegij nostri Oxoniensis Sect. 360. vulgariter nuncupati (King Henrie the eights Colledge) ac eiusdem Collegij canonicis, salutem. Sciatis &c. (vt supra 327.) dilecto Capellano nostro J. B. sacrae Theologi [...] professori, canonicatum siue praebendam in Collegio nostro p̄dicto, modo per mortem I. H. vltimi incumbētis ibidē vacantē, atque ad donationē nostram pleno iure attinentem. Habendum &c. vna cum hospicio quod idē I. H. ratione dicti canonicatus siue praebēde nu ꝑ possidebat. Vobis igitur coniunctim & diuisim committimus, & stricte mandamus quatenus p̄f. I. B. ad dictū canonicatū siue praebendam, statim (his literis nr̄is inspectis) admittatis, necnon eundē in realem & corporalē possession̄ dicti canonicatus siue praebendae iuriumque & ꝑtinent̄ suorū vniuersorū inducatis ꝓut decet. In cuius rei &c.

¶ A graunt of a Faire.

REx &c. Sciatis quod nos ob singularem affectionē & intimam Sect. 361. dilectionem, quas penes Reueren dissimū in Christo patrem I. Archiepiscopū Cantuarien̄ Cancellarium nostrū gerimus & habemus, de gratia &c. concessimus, & hac praesenti charta nr̄a confirmauimus pro nobis & haered' nostris praef. Archiep̄o, quod ipse & successores sui in ꝑpetuū habeant vnam feriam siue nundinas apud villamsuā de S. in com̄ K. in quodā loco in cōmunia ville p̄dict̄ vocat̄ le Vine, ecclesiae Christi Cantuariēsi ꝑtinen̄, singulis ann̄ ꝑ tres dies duratur̄, viz. in vigilia, in die, & crastino translationis sancti N. viz. nono die Maij, cum oībus libertatibus & liberis consuetudinibus ad huiusmodi feriam siue nundinas pertinent̄, dum tamen ferie siue nundine ille non sint ad nocument̄ vicinar' feriarū siue nundinarum. [Page] Quare volumus &c. (vt supra 359. b.) quod praedict' Archiepiscopus & successores sui imperpetuum habeant & teneant feriam siue nundinas praedict̄ apud praedict' villam de S. in praed' loco communi villae praedict' vo [...]at̄ [...]e vine, singulis ann̄ per tres dies duratur̄, videlicet, in vigilia, in die, & in crastino translationis sancti N. dict' nono die Maij, cum omnibus libertatibus & liberis consuetudinibus ad huiusmodi feriam siue nundinas pertinentibus, dum tamen feriae siue nundin̄ illae non sint ad nocumentum vicinar̄ feriar̄ siue nundmarū sicut praedictum est. His testibus &c.

¶ A Lease to a spirituall person, with dispensation of the Statute 21. H. S.

R Ex &c. Sciatis quod nos &c. R. F. clerico, maneria, dominia, & Sect. 362. tenementa nostra de N. &c. Ac omnia & singula aedificia, domos, gardina, terras, ten̄ta, prata, pascua, pasturas, boscos, subboscos, ac reditus & seruicia omnium & singulorū tenent̄, tam liberorum quam natiuorum, ac ten̄tium per copias Rotulorum curiae, & caeterorum tenentium customariorū, & tenentiū ad terminum vitae, vel ad terminos annor̄, ac omnes & singulos redditus & firmas super quibuscun (que) dimissionibus, concessionibus, siue traditionibꝰ de praemissis, vel eorum aliquibus factis quouismodo reseruatos. Et insuper reuersiones, faeoda Militū, wardas, maritag', curias, leetas, visus franc', & omnia quae ad visum francipleg' pertinent, fines, amerciamenta, exitus, ꝓficua, warrenas, aquas, piscarias, libertates, franchesias, commoditates, emolumēta, & haereditamēta nostra quaecunque cum suis pertinentijs dictis man̄ijs, dominijs, & tenement̄ de N. &c. & eorū cuilibet siue eorum alicui pertinen̄ siue spectant̄, parcell' aut parcell' eorundē, aut eorū alicuius existen̄, aut fore reputat̄. Et vlterius &c. Rectoriā nostr̄ Ecclesiae parochial' de N. &c. Habend' et tenend' oīa & singula p̄dict' maneria &c. p̄fato R. & assignatis suis, pro termino et ad terminū vitae ipsius R. Tenendum de nobis &c. per &c. pro omnibꝰ seruic', redditibus, et demandis quibuscunque &c. Ac insuper de gratia nostra praedict', volumus, & per praesentes pro nobis, haeredibus, et successoribus nostris licentiam, facultatemque s [...]ecialem praefat̄ R. damus & concedimus, quod idē R. & assignati euis, omnia & singula p̄dict' maneria &c. & caetera praemissa cum suis pertinētijs, virtute & vigore harum literarū patentium habere, gaude [...]e, & tenete possint & valeat ꝓ term̄ vitae ipsiꝰ R. erga nos, haeredes & successor' nr̄os: quodā statuto in anno vicesimo primo regni nr̄i [Page] aedito, spirituales seu ecclesiasticas ꝑsonas concernēte atque spectante: per quod quidem statutum ordinatum & stabilitum existit inter alia, quod null' spiritualis seu ecclesiastica persona secularis vel regularis cuiuscun (que) gradus existit, deinceps ad firmā recipere possit sibi vel alicui ꝑsonae vel aliquibus ꝑsonis ad eius vsum, ex dimissione seu concessione nostra aut alicuius siue aliquarum aliarum personarum per literas patentes, indenturas, scripta, verba, vel quocunque alio modo, aliqua maneria, terras, tenementa, seu alia haereditamenta ad terminum vitae, annorum, vel ad voluntataem, sub paena in eodē actu expressa, non obstante: Ac quod idem R. & assignati sui, omnia & singula maneria praedict', fundos, terras, tenementa, caeteraque praemiss. vniuersa habere, tenere, & occupare possit & valeat pro termin̄ vitae ipsius R. absque aliquibus primis fructibus pro praemissis, seu aliqua inde parcell' nobis, haered', vel successoribus nostris pro eisdem reddendis seu faciendis: aliquo flatuto &c. vt supra 357. c.

¶ The gift of a Stewardship and Constable, and Master of Forest.

REx &c. Sciatis quod nos considerantes fidelitatem & industriā Sect. 363. praedilecti & fidelis consanguinei nostri R. &c. ex gratia &c. concessimus p̄fato G. officia Seneschalli siue Senescalciae Honoris nostri de N in Com̄ D. & S. Nec non castr̄, villae, dominij, & manerij noui Castri super Tinam, dominiorum & maneriorum de W. & A. ac omnium aliorum castrorum, dominiorum, maneriorum, terrarū, & tenementorum nostror̄ in eisdem comit̄ cum ꝑtinentijs, parcell Ducatus nostri Lanc': ac eundem G. Seneschallum omnium officiorum praed' per praesentes ordinauimus, fecimus, & constituimus. Ac etiā concessimus eidē G. officium Constabularij castri nostri de T. M. & P. magistrum Forestarum chaciae nostr̄ de R ac Balliuum nouae libertatis nr̄ae in Comit̄ p̄dict'. Nec non Magistrum de ductu ferarum omnium forestarum, chacearum, parcorum, boscorum, & warrennarum in Com̄ p̄dict'. Ac etiam concessimus eidem G. plenariam aucthoritatem & potestatem ad faciendum nominandum & assignandum de tempore in tempus, omnes & omnimodos forestarios & custodes dictarum forestarum, ferarum, chacearū, parcotum, & warrennarum: Ac insuper dedimus & concessimꝰ eidē G. officium Magistri capitalis seneschalli honoris praed', ac caeterorum praemissorum omnium cum pertin̄. Habend', occupand', & exercend', oīa p̄dicta officia & eorum quaelibet vna cum authoritate & potestate praedict' praefat̄ G. perse vel ꝑ suos [Page] sufficientes deputatos aut deputatum suum, pro termino vitae ipsius G. percipiend' annuatim, in, & pro officijs praedict' & eorū quolibet centū libr̄ &c. vna cum feodo & vadio ab antiquo debito & consueto, tam eisdem officijs et eorū cuilibet, quam omnibꝰ alijs officijs occupand', per officiar̄ fiend' & nominand' per p̄fat̄ G. aucthoritate & potestate supradict', & de exitibus. ꝓficuis, & reuentionibus Honoris praed', et caeterorum praemissorū, et eorum cuiuslibet prouenient̄ siue crescent̄, ꝑ manus firmarior̄, tenentiū, receptor̄, seu alior̄ officiar̄ & occupator̄ eiusdē pro tēpore existent̄, ad &c. vna cum omnibus & omnimodis alijs feodis, proficuis, commoditatibꝰ, libertatibus, et emolumētis quibuscun (que) officijs p̄dict̄, et eorū cuilibet qualitercūque pertin̄, in tam amplis modo & forma, put aliqui alij, siue aliquis alius officia pred', seu eorū aliquod ante haec tēpora habuerūt siue hab [...]it, occupauerunt vel occupauit ac in eisdē et in eorū quolibet ꝑceperunt siue percipere debuerūt vel debuit. Eo qd' expressa mentio de vero annuo valore &c. As you see aboue Sect' 357. b.

¶ A graunt of a Stewardship and Surueyorship.

PRaenobilis G. Comes S. dominus Talbot, dn̄s Farnyual, Verdon, Sect. 364. & Strange de Blakmere, dn̄s Lyfftoft &c. Omnibus ad quos hoc p̄sens scriptum peruenerit, salutem. Sciatis me praefat̄ Comitem, tam pro syncero amore & beneuolentia qua iamdudū affectus sum erga W. W. de R. in Com̄ Ebor̄ generos. de cuius prouida circumspectione, pia sedulitate, ac singulari in hac parte prudentia merito plurim̄ confido, quam ꝓ summa illius tum in me, tum in illustrissimū G. nuper Comitem S. praeclarissimum patrē meum obseruantia fide studio officio & pietate, ex mera & spontanea voluntate mea dedisse et ꝑ praesētes concessisse eid' W. W. officium Seneschall' siue Senescalciam oīum & singul' domin̄, maner̄, et haereditament̄ meor̄ quorumcun (que) in separal' comitatibꝰ E. D. N. H. et B. & custodiā siue officium tenēdi omnes & omnimodas Cur̄ baron̄, letar̄, vis. franc' pleg', dominior̄ et maneriorū praed' & eorū cuiuslibet, ac gubernationē et superuisionē eorund [...] ̄. Ac ipsum W. W. generalē ac capital' Seneschallū ac su ꝑuisorē meum oīum curiar̄, dn̄iorū, maneriorū, & hereditamētor' meor̄ p̄d', facio, constituo, & ordino ꝑ p̄sētes. Habend', tenend', gaudend', exercēd', & occupand' officia p̄dict' cum ꝑtinen̄, vna cum oibꝰ & singulis feodis, vadijs, regardis, ꝓficuis, preheminē tijs, et aduantagijs eisd' officijs spectan̄ siue ꝑtin̄ p̄f. W. W. per se, vel ꝑ sufficientē deputat̄ suū, siue sufficiētes deputat̄ suos, vel ꝑ sufficient̄ [Page] deputatum siue deputatos deputati siue deputator̄ suorū ꝓ quorum factis mihi respōdere velit a dat̄ praesent̄, durante &c. Mando insuper vniuersis & singulis balliuis, praeposit̄, firmarijs, tenētibus, & occupatoribus meis praemissor̄ & eor̄ cuilibet, qd' p̄f. W. W. & deputatis suis praedict' in hac ꝑte de tempore in tempus assistentes sint obedientes & auxiliantes in oībus, prout decet durant̄ termino p̄dict'. In cuius rei testimon̄ huic p̄senti scripto meo sigillum meum apposui. Dat̄ vicesimo tertio die D. anno regni dn̄e nostre Eliz. dei gratia, Angl', Franc' & Hibern̄ Reginae fidei defensoris &c. tricesimo tertio 1592.

¶ A graunt of an Ideot or Lunatike.

REx &c. Sciatis quod cum T. P. filius & haeres H. P. nuper de E. in Sect. 365. com̄ F. fatuus & Ideot̄ existit a natiuitate sua, & ea ratione sui ipsius ac terr̄, ten̄torum, bonorum, & catallor̄ suorū regimine vacat & caret, prout coram nobis per testimonium fide dignorū probat̄ existit. Nos vero ex &c. volentes eidē T. de vitae necessarijs & corporis suis custod' secur̄ prouidere: Dedimus & concessimꝰ, ac per praesentes damus & concedimꝰ dilecto nobis in Christo H. I. militi pro corpore nostro custodiā ip̄sius T. ac omnium terrarum & tenemētorum reddituum & seruitiorum cum pertinētijs, quae nu ꝑ fuerunt praedict̄ H. P. & quae tam ꝑ finem post mortem eiusdem H. quam ratione fatuitatis & Ideotatis dicti T. ad manꝰ nostras deuenerūt, seu deuenire debuerunt aut debent. Habend', gaudend', tenend', & occupand' custodiam corporis dicti T. ac omnium maneriorum, terrarum, ten̄torum, & aliorum praemissorum &c. praef. I. H. haered' & assignat̄ suis pro termino vitae natural' dict' T. B. absque aliquo cōpoto seu aliquo alio nobis vel haered' nostris inde reddend' vel faciend'. Prouiso semper qd' dict' H. I. haered' & assignati sui de exitibus maneriorū, terrarū, ten̄torū, & caeterorū praemissorū, inueniant praed' T. victualia, & omnia vitae suae necessaria, prout decet in tali casu, & quod terra & ten̄ta &c. praed' manuteneantur sine vasto vel distruction̄. Eo quod expressa mentio de vero annuo valore &c. vt supra 357. b.

¶ A graunt of the office of one of the Auditors of the Eschequer.

REx &c. vt supra 327. a. In cōsideratione boni & fidelis seruit̄ qd' Sect. 366. dilect' seruiens noster G. D. nobis impendit, & imposterum impendet, dedimus & concessimus, ac ꝑ p̄sentes damus & concedimꝰ [Page] eidem C. officium vnius Auditorum Scaccarij nostri, quod R. S. nuper habuit & occupanit, & in manibus nostris nunc existit. Habend' & tenend' praed officiū praef. G. quamdiu se bene gesserit in eodem, per se vel ꝑ sufficientē deputat̄ suum, cum feod' & vad' eidē officio ab antiquo debit̄ & cōsuetis, vna cum alijs proficuis, commoditat̄ & aduantagijs eidem officio pertinentibus siue spectant̄, in tam amplis modo & forma, prout H. P. aut R. S. siue aliquis alius, siue aliqui alij ante haec tempora habuit, percepit, habuerunt seu perceperunt. Eo quod expressa mentio &c. vt supra 357. b.

¶ A graunt of an Auditorship.

OMnibus &c. S. Episcopus W. Sciatis nos fecisse, ordinasse, constituisse Sect. 367. & assignasse R. R. Auditor̄ nostrū ad omnia & singula cō pot̄ omnium receptorū & praepositor̄ Balliuorū firmariorū & aliorū quorumcunque ministrorum omnium & singulorum dominior̄, maneriorum, terrarum & tenementor̄ nobis computabil' exisient̄ infra regnum Angliae, audiend' & terminand': Nec non ad oīa & singula quae natura compot̄ exigit & requirit faciend' & exequend'. Habend', tenend', exercendum, & occupandum officium praedict' ꝓ termino vitae suae, per se vel per deputatum suum: percipiend' de nobis & successoribus nr̄is pro p̄dicto officio exercend', occupand', & exequend', pro feodo suo annuatim quinque libras, & pro papiro &c.

pro totulis compotor̄ superscrib. decem solidos de exit̄, proficuis & reuent̄ dominiorum, maneriorum, terrarum, & tenementor̄ nostrorum p̄dictorum per manus recept̄, balliuorum, praepositorum, & firmariorum nostrorū pro te\l=m'\pore existent̄. Et etiam damus & concedimus per praesentes praef. R. R. seu eius in hac ꝑte deputat̄ qui m huiusmodi officio suo exercendo occupat̄ fuerit in eund', equitand', siue redeundo, viz. quouis die decem denarios pro seipso, ac pro quolibet seruiente ipsius R. seu eius deputat̄ per diem decem denarios, mandantes firmiter omnibus & singulis officiarijs & ministris nostris praedictis, quod &c. vt supra 364. c.

¶ A graunt of the keeping of an Ideot with his lands &c.

THis Indenture made &c. Betweene the right honorable Sir W. Sect. 368: C. Knight Lord B. Lord Treasorer of England, & Master of the Queenes Maiesties Court of Wards and Liueries, and R. K. esquire Surueyor of the same Liueries, for and in the name and behalf of our said Soueraigne Lady the Queene on thone party, and G. P. brother [Page] and next heire of I. P. Ideot deceased on the other party, Witnesseth, that where our said soueraigne Lady is agreed to grant vnto the said G. an Ouster le main to be had, of, & in certaine lands and tenements holden of our said soueraign Lady the Q. as of her graces castle of T. parcel of her D. of L. by fealty and rent, which to the said G. discended & came in vse, possession or reuersion from the said I. P. as brother & heire of the said I. P. Ideot, as in y^• said Ouster le main more plainly is contained Yet for that our said soueraigne Lady should not be deceiued, but that her grace should haue perfect knowledge and vnderstanding of the true value of the said lands and tenements, & all other hereditaments: The said G. hath deliuered the day of the date hereof vnto the said W. Lord B. Lord Treasorer of E. and R. K. a writing in parchment indented hereunto annexed, wherein be contayned and specified all the lands and tenements, and the true yerely value of the same which the said G. willeth and intendeth to haue or shal haue out of the Queenes Maiesties handes or possession by the saide Ouster le main. And ouer that, the said G. P. couenanteth &c. to, and with &c. that one Auditor or Auditors by our said Soueraigne Lady to be assigned, or any Auditor of the Queenes Maiesties Court of Wardes, and liueries for the time beeing, shall at the costes and charges of the said G. and at such time as it shall please our said Soueraigne Lady, her heires and successors kings of this Realme to appoint by the said Master of her Highnes Court of Wards and Liueries, and surueyor of the same Liueries for the time being, or otherwise to serch, suruey, and view aswel the true value as the tenure and tenures of the same: vppon which search and viewe, if it can bee proued that any manors, landes, tenements, and other hereditaments, whereof the saide G. or any other person or persons for him, in his name, or by his consent taketh or hereafter shall or may lawfully take any aduantage, benefit, profit or commoditie, by reason or means of the saide Ouster le main, be holden of our saide soueraigne Lady by knights seruice, in chiefe, or otherwise in socage in chiefe, and bee of more better and larger yerely value, then in the same writing is contained: Then our saide Soueraigne Lady shall be by the saide G. P. his &c. truely answered and satisfied as well for the tenure as for the yerely value, of all such lands and tenements, as shall happen to be vnder valued and omitted out of the same writing. And also for the concealement and offence in that behalfe, the said G. shall content and pay vnto our said Soueraigne Lady into her graces Court of Wards & Liueries, the double of one yeares value of all the landes and tenementes so omitted or [Page] vnderualued. And also our said Soueraigne Lady shall and may perceiue and take the whole issues and profits of the lands & tenements so omitted or vnderualued, vntill the said G. or his assignes shall haue agreed, to and with the said W. Lord B. &c. and R. K. &c. or other the Master of the Queenes Court of Wards and Liueries and surueyor of the same Liueries for the time being, for the saide value and ouerplus of the lands, tenements, and hereditaments so omitted or vndervalued, and shall finde sufficient suerties, for the payment thereof to the Queenes Maiesties vse. And also all such other summes of money as by the agreement of the saide Master of the Queenes Court of Wards and Liueries and Surueyor of the same Liueries shall bee taxed, assigned or appointed: any thing herein contained to the contrary notwithstanding. In witnesse whereof to the one part of these Indentures remaining to and with the said G. The said W. &c. and R. K. haue set their hands & seales: And to the other part of these Indentures remayning to the Queenes Maiesties vse in the saide Court of Wards and Liueries, the said G. P. hath set his hand and seale die & anno suprascriptis.

¶ Valor siue extentus annui valoris omnium & singulorum manerior̄, terrar̄, tenementor̄ & caeteror̄ haereditamentor̄ quorum cunque nuper I. P. fatui & Ideot̄ defunct', & in custodia dn̄ae Eliz. nunc Reginae ratione fatuitat̄ suae tempore mortis sue & quae per siue post mortem eiusdem I. cuidam G. P. fratri & haered' suo descenderunt & descendere debent, in vsu, possessione, & reuersione. Qui quidem I. P. obijt &c. dicto G. adtunc plenae aetatis, scilicet xxj. annorum, decimo nono &c. prout per inquisitionem inde capt̄ apud N. in comitatu N. primo die &c. plenius poteritapparere. Et modo videlicet vltimo die N. anno &c. idem G. P. venit ad prosequend' suum Ouster le main extra manus dictae dominae Reg. de omnibus praemissis subscript̄, secundum communes leges huius Regni Angl'.

Com' Nott'

Manerium de H. cum pertin̄ & alia terr̄, tenementa, haereditament̄ in H. & C. cum pertin̄, tenen̄ de Archiepiscopo Ebor̄, vt de manerio suo de G. in dicto comitat̄ N. in socagio, per fidelitatem & reddit̄ xx. s. iiij. d per annum ꝓ omnibus seruitijs valent clare per annum.
- vij. li. v. s.

[Page]

¶ A graunt of the tuition and gouernement of a Lunatike.

THis Indenture made betweene the most excellent Princes, and Sect. 369. our most dread Soueraigne Lady Elizabeth by the grace of GOD Queene &c. on the one partie, and W. G. gentleman on the other party, Witnesseth, That where our said Soueraign Lady, with the aduise of the Master & Counsel of her graces Court of Wards & Liueries, is contented & pleased to grant, and by these presents doth commit & grant vnto the said W. G. the custody, rule, order, & tuition of W. R. being a foole naturall, and Lunatike, not able to gouerne himselfe, his mesuages, lands, tenemēts, goods, nor cattels, as by an office thereof found at C. in the countie C the xxvi. day of Octob. in the xviii. yeare of our Soueraigne &c. more at large appeareth. And whereas also our said Soueraigne Lady hath couenanted & granted, and by these presents couenanteth and granteth vnto the said W. G. aswell the custodie, rule, order, occupation, disposition, & receipt, of all the mesuages, lands, tenements, and hereditamēts, and of the rents, reuenues, issues, & profits therof, which the said VV. R. or any other person or persons to his vse, now hath, or ought to haue in possession or reuersion, or which by any lawfull waies or meanes, may or ought to come, discend, or grow vnto the said VV. R. And also the custody, rule, order, & receipt of all the goods, cattels, farmes, stockes, stores, plate, money, debts, iewels, wares, marchandizes, & other commodities & profits, whatsoeuer to the said W. R. in any wise belonging or appertaining, and the vse & marchandizing of the same, to the behoof, profit, & commoditie of the said W. R. and the reliefe & sustentation and finding of his wife, children, and familie, if any be, & also for the preseruation, safegard, and reparations of the said mesuages, lands, tenements, houses, farmes, houshold stuffe, ready money, & other commodities, during the licence of the said W. R. The said W. G. for for the better and more true administration, accomplishment, & performance of the conditions and duties by order of law incident and belonging to the said custodie, hath deliuered a writing indēted, hereunto annexed, in which bin contayned & specified all the mesuages, lands, tenements, rents, reuersions, & the particular values of them, and euery of them, and also all the farmes, stockes, wares, goods, cattels, money, plate, iewels, houshold stuffe, implements, debtes, and other commodities, duties, and profits whatsoeuer to the said W. R. [Page] now appertayning or belonging, or which in any wise ought of right to appertaine or belong to him: which writing indented, the said W. G. couenanteth to be true and a perfect declaration of all the mesuages, landes, tenements, rents, riuersions, seruices, hereditaments, farmes, stockes, wares, goods, cattels, ready money, & other the premisses without omission of them, or any of them. And the said W. G. couenanteth and graunteth for him and his assignes by these presents, that the rents, reuenues, issues, profits, and increase of the said mesuages, landes, tenements, stockes, wares, goods, cattels, readie money, and other the premisses, as far foorth as the same will extend and reach, and as far foorth as shall be needefull, requisite, and conuenient, shall daily from time to time [...]uring the said custodie be imployed, conuerted, & disposed vpon the finding and sustentation of the said W. R. his wife, children, and familie, (if any be) with honest and conuenient, meat, drinke, [...]nd apparell, lodging, reguards, & necessaries. And that if the said W. G. and his assignes so far foorth as in him and them lyeth, shall honestly intreat, order, and maintaine the said W. R. according to his degree, estimation, substance, and possession, as to the Queenes honor and his dutie in that behalfe doth appertaine. (a) And the said W. G. couenanteth and graunteth for him and his assignes by these presents, that he with the said rentes, profites, and increase, as far foorth as the same will extend or reach, and so far foorth as the same shall be necessarie, shall make all maner of necessarie and needefull reparations, in, and vpon the said mesuages, lands, tenements, and other hereditaments, and in and vpon the building, in such maner & sort, as hereafter no wast, spoyle, decay, or disorder be found by the default of the said W. G. or any other by his meanes or procurement, and if any decay be at this time, in conuenient & reasonable time to cause the same to be amended and repaired. And the said W. G. couenanteth & granteth for him and his assignes by these presents, that they shal not do nor suffer to be done any strep, wast, or spoyle of woods of the said mesuages, lands, tenements, and hereditaments, or any part thereof, nor willingly decay any rent or seruice belonging to the same, or expell or put out any tenant, holding any part or parcel of the premisses, nor take any fines of them, or any of them, without the knowledge or agreement of the said Master and Counsell for the time being. And if at any time hereafter, any strep, wast, spoyle, or disorder be done, or incrochement of land made in the preiudice of the inheritance of the said W. R. or his heires, that then the said W. G. and his assignes, as much as in him or them lieth [Page] shall saue and defend the same, and for lacke of power and sufficient authoritie so to do, shal with conuenient speed and expedition certifie the same, to the said Master and Counsell for the same, & receiue and prosecute forth their order for reformation thereof, to, and for the aduancement of the Queenes Maiesties interest and right, and for the preseruation, safegard, and tuition of the inheritance, right and title of the said W. R. And the said W. G. couenanteth and granteth for him and his assignes by these presents, that he the said W. G. or his assignes in Trinity terme next comming shall bring his part of these Indentures, to the Auditor generall of the Queenes Maiesties saide Court of Wardes, and Liueries, to haue the same there inrolled, and shal make a true and perfect accompt before the said Auditor of the rents, reuenues, profites, and increase of the said mesuages, lands, tenements, & other the premisses, & shal stand to the order and direction of the said Master and counsell aswell for al maner of accompts, paiments, receipts, demandes, and other matters as for the custodie, order, and disposition of as much thereof as shalbe found in the account to remaine in his hands, aboue all reprises and deductions so that by the said Master and counsel the same may be imployed and bestowed to the most vtility and profit of the said W. R. and his heires, and so from time to time to make like accompt, and abide like order whensoeuer he by the said Master and Counsel shall be called to the same.

And the said W. G. couenanteth and granteth for him & his heires by these presents, that he the said W. G. and his assignes, shall at all times hereafter, not only permit and suffer the said Master and counsell, or any other by their authoritie, to suruey the state and vsage of the said mesuages, lands, tenements, and other the premisses, but also pay the charges of the same suruey out of the said rents and profits, & shal frō time to time performe & fulfill the direction of the said Master and Counsel, for and concerning the redresse & reformation of al disorders found vpon the said suruey. And if it fortune the said mesuages, lands, tenements and hereditaments, or any part of them, by any such suruey to be found of better or more yerely value or rent, thē is before expressed in the said writing indented, or that any part of thē or any other lands which the said W. R. ought to enjoy, be omitted in the same writing indented: Then the saide W. G. and his assignes, shal truly accompt for the ouerplus of the rents and profits so vnderualued & omitted and the arrerages thereof, and shal stand to, and accomplish such order and direction of the said Master and Counsel, for the paying, imploying, & bestowing of the said rents, and tharerages [Page] therof, as to the said master and counsel shal seeme expedient. (b) And the said W. G. couenanteth & granteth for him & his assigns by these presents, that neither the said W. G. or his assignes, shal giue, grant, couenant, bargaine, or sel the custody of y^• said R. W. nor his interest in the same by vertue heereof to any person or persons, without the knowledge & agreement of the said master & counsel for the time being. And it is prouided in the behalfe of the Q. Maiestie, by the saide Master & counsel, that if at any time hereafter it fortune the said couenants, conditions, grants or agrements, or any clause or article before mentioned, which are to be kept on the part & behalfe of the said W. G. and his assignes, to be broken & vnkept, & not reformed within two months next after lawfull warning to him or them therof giuen, that then this present grant to be void & of none effect. And immediatly vpon such default, it shalbe lawful to the said master & coū sel, not onely to sequester and take the said custodie into the Q. Maiesties gift, and order, and the same to commit or dispose, to any other persō or persons, during the Lunacie of the said W. R. but also to distraine the goods and cattels of the said W. G. & his assigues, and the same to driue, lead, and carry away, withhold, bargaine & sell, to thuse of the Q. Maiestie, vntil her highnes be fully answered and paied, for the damage sustained by breking of any of the said couenants in these present Indentures contained: any thing before mentioned to the contrarie notwithstanding. In witnesse &c.

¶ A grant of the tuition of a L [...]at ike, his family lands and goods.

THis Indenture &c. vt in Sect. 369. and T. W. N. D. W. S. & G Sect. 370. M. Esquires of the other party, Witnesseth, that wher our Soueraigue Lady by inquisition taken at A. in the Countie of Y. the 17 day of Iune, in the second yere of her noble raigue, before A. B. Eschetor of the saide County, by vertue of the Q. Maiesties writ to him directed, to inquire of T. W. Esquire, and by her highnes prerogatiue royal is intitled to the custodie of the said T. W. & to prouide for the estate of him, his wife, children, manors, landes, tenements, & hereditaments, goods & cattels, according to the saide Pretogatiue, and the lawes and statutes of the realme in that case prouided, and is contented and pleased to graunt and to commit vnto the said T. W. N. D. W. S. and G. M. aswell the custodie, rule, order, tuition, and gouernance of the said T. W. being by the said Inquisition found to be a lunatike, & imperfect of mind and memorie, not able to gouerne [Page] himself, his wife, children and family, manors, lands, goods & cattels, as also the custody, rule, tuition, vse, occupation, receit and disposition of al the manors, lands & hereditamēts, farmes, stocks, stores, goods, cattels, money, plate, houshold stuffe, and other commodities and possessions whatsoeuer they be which the said T. W. now hath, or by any meanes may or ought lawfully to haue, to the vse, profit, & cōmodity of the said T. W. & his heires: To haue & to hold the same to the said T. N. W. and G. during the Queenes Maiesties will and pleasure. And therefore the said T. N. W. and G. for the better performance of the couenants and conditions incident and belonging to them that haue the custody committed vnto them, haue deliuered a writing indented hereunto annexed, in the which bin contained and specified all the manors, lands, tenements, & hereditaments, being of the inheritance of the said T. W. in possession and reuersion, and also all goods & cattels of the said T. W. which writing indented the said T. N. W. and G. by these presents couenanteth and graunteth to be full & perfect declaration of all the manors, landes, & hereditaments, goods & cattels without omission or cōcealment of any part of them. And the said T. N. VV. and G. couenanten and granten for them & their assignes, that with the rents, reuenues, and profits and increase of the said manors, landes, and hereditaments, goods, and cattels, as farre foorth as the same will extend and reach, & as far foorth as shall bee needefull, necessarie, requisite, or conuenient, shall from time to time during the said custodie be imploied, conuerted & bestowed vpon the finding and sustentation of the said T. VV. his wife, children, and family, with honest and conuenient meat, drinke, apparell, lodging, regardes and necessaries: And that the said T. N. VV. and G. & their assignes, so far forth as in them lieth, shall honestly intreate, order & maintaine the said T. W. according to his degree, estimatiō, substāce & possessions, in such sort, as to the Queens honor & their duty in that behalfe appertaineth. And the said T. N. VV. and G. couenanten and granten by these presents, that with the said rents, profits and increase as far forth as the same will extend, & so far forth as the same shalbe necessary to the said T. N. VV. & G. & their assignes, shal make all maner of needful and necessary reparatiōs, in, & vpon the said manors, lands, & other the premisses, & in & vpon all the buildings, of the same, in such maner and sort, as hereafter no waste, spoyle or disorder be found by the default of the said T. N. VV. and G. or any other by their meanes or procurement. And if the decay be at this present, in cōuenient & reasonable time to cause y^• same to be amēded & repaired. [Page] And the saide T. N. W. and G. couenanten and graunten by these presents, that they shall not doe or suffer to be done, any strep, waste, or spoile of woods vpon the said manors, lands, and hereditamēts, ne wittingly decay any rent or seruice belonging to the same, nor expell or put out any tenant or tenants, holding any parte of the premisses, nor take fines of them, nor cut downe any timber vpō the premisses, without knowledge and agreement of the said master and counsel for the time being. And if at any time hereafter, any strep, waste, spoile or disorder or incrochment of land be made to the preiudice of the inheritance of the said T. W. or his heires: That then the said T. N. W. and G. as much as in them lyeth, shall withstand and defend [...]he same, and for lacke of power so to do, shall with conuement expedition after knowledge therof had, certifie the same vnto the said Master & coūsel for the time being, and receiue & prosecute forth their order, vntill sufficient redresse be therein had, to, and for the aduancement of the Queenes Maiesties interest and right, and for the safegard of the inheritance, rightes and titles of the saide T. W. and his heires. And the saide T. N. W. and G. couenanten and graunten for them and their assignes by these presents, that they the same T. N. W. & G. by themselues or their sufficient deputies, in Michaelmas terme next comming shall bring their parte of these Indentures to the Auditor generall of the Queenes Maiesties court of wards and liueries to haue the same inrolled, and shall make a true and perfect accompt before the same Auditor, of the rents, reuenues, & profits, and increase of the said manors, lands and hereditaments, goods and cattels, and shall stand to the order and direction of the said Master and Counsel, aswell for all maner accompts, paiments, receipts, demaunds, and other matters, as also for the custodie, order, & disposition of as much thereof as shall be foūd in the same accompt to remain, or which lawfully ought to remaine in their hands, aboue all reprises and deductions, so that by thaduise of the Master and Counsell the same may bee imploied and bestowed to the most vtilitie and profite of the said T. W. and his heires, & so from time to time make a like accompt, and abide like orders whatsoeuer by the same master and counsell he shall be called to the same. And the said T. N. W. and G. couenanten & graunten for them and their assignes by these presentes, that they the said T. N. W. and G. and their assignes, shall at all times not onely permit & suffer the said Master and Counsell, or any other by them authorised to suruey the estate of the said manors, landes, hereditamēts, goods & cattels, but also pay tharrerages of the said suruey [Page] out of the said rents and profits, and shal from time to time performe and fulfil the direction of the said Master and Counsell, for & concerning the redresse & reformation of all disorders found vpon the same suruey. And if it fortune the said manors, lands, and hereditaments, or any part of them, by any such suruey to be found of better & more yearely rent, then is before expressed in the same writing indented, or that any part of them, or any other lands, goods or cattels, which the said T. W. ought to enioy, be omitted in the same writing indented: Then the said T. N. W. & G. and their assignes, shall yeeld accompt of the ouerplus of the rents and profites so vnderualued and omitted and of tharrerages thereof, & shall stand to accomplish such order and direction of the said Master and Counsel, for the paiment, imploying and bestowing of the same rents and profits, and tharrerages thereof as to the said Master and Counsel shalbe thought expedient. And the said T. N. W. and G. couenanten and graunten, for them & their assignes by these presents, that they the said T. N. W. and G. and their assignes during the said custodie, shall from time to time cause the Courts heretofore vsed and had vpon the said manor to be yeerely kept, & the Court rolles ingrossed and surely laid vp together, with al other euidences, records & writings, which the said T. N. W. and G. or their assignes may lawfully come by, concerning the title of thinheritance of the said T. W. so that they & euery of them may safely come to him & be deliuered vnto him, if at any time hereafter he shall happen to recouer his vnderstanding and memorie, or after his death to his heirs without concealemēt, imbesilling or withdrawing of the said euidēces or any part of them to the knowledge of the said T. N. W. & G. or any other by their meanes, knowledge, or procurement. And moreouer the said T. N. W. and G. or their assignes, shall not do or suffer to be done vnto their knowledg, any thing or act that may be to his hurt, incumbrances, & impairement of the inheritance of the said T. W. or his heires. And the said T. N. W. & G. couenanten & graūten by these presents, that they shall not at any time hereafter giue, graunt, commit, bargaine, and sel the custodie of the said T. W. or their interest in the same by vertue hereof vnto any person or persons, without knowledge & agreement of the said Master and counsel for the time being. And the said T. N. W. and G. couenanten for them and their assignes by these presents, that if at any time hereafter during the said custodie, any ward, benefice or spirituall promotion happen to fall void or grow vpon the same manors and other the premisses, or any part of them: That then the said T. N. W. and G. [Page] and their assignes, immediatly after knowledge therof to them giuen shal certifie the same to the said master and coūsell for the time being so that they may know the Queenes Maiesties pleasure for her highnesse gift, and confirming of the same. And it is prouided on the behalfe of the Queenes Maiesty, by the said Master and Counsell, that if at any time hereafter it fortune the said couenants, conditions, or agrements, or any clause or article before mentioned, which are to be kept on the part and behoofe of the saide T. N. W. and G. or their assignes, to be broken, vnkept, and not reformed within two moneths then next after lawful warning thereof giuen: That then this present grant to be void & of none effect. And that immediatly vpon such default it shalbe lawfull to the said Master and Counsel, not onely to sequester & take the said custodie into the Queenes Maiesties gift & order, and the same commit and dispose to any other person or persons during the Lunacie of the said T. W. But also to distraine the goods and cattels of the said T. N. W. and G. and their assignes, and the same to withhold, bargaine and sell, to the vse of the Queenes Maiestie, vntill her highnesse be fully answered and paid of the value of the damage sustained by the breaking of the said conenants: any thing in this Indenture contained to the contrary notwithstanding. In witnesse whereof &c. vt supra Sect. 330. c.

¶ A grant of a Parkership.

E. N. Miles, dominus de B. Omnibus &c. Noueritis me praef. E. dedisse, Sect. 371. & ꝑ praesentes cōcessisse dilecto seruien̄ méo R. C. custod' siue officium custod' Parci mei de E. in com̄ E. necnon fecisse & cō stituisse eundem R. parca [...] meum parci mei praedict'. Habend' &c. dictam custod' siue offic' per se vel per sufficient̄ deputat̄ suum, pro quo mihi respond' voluerit, durante vita eiusdem R. cum vad' trium denar̄ per quemlibet diē annuatim durante vita sua, percipiend' per manꝰ receptor̄, ball', firmar̄, seu alterius occupator̄ cuiusdam dominij siue manerij mei de E. praed' qui pro tēpore fuerit annuatim durante vita dicti R. de redit̄ & profic' eiusdem domin̄ siue maner̄ cum pertinen̄ ad festa &c. per equales portiones: Ac vnā robam de secta valector̄ meorum erga festum Natalis domin̄, quando ego & haered' mei liberatas huiusmodi dederimus. Et si contingat &c. vt in alijs districtionibus. Districtiones (que) sic capt̄ licite asportare, abducere, fugare, & penes se retinere: quousque de vadijs praed' & de omnibus arrerag' eorundem si quae fuer̄, sibi plenar̄ sit satisfact' & persolut̄. [Page] Quare Recept̄, ball', firmar̄, ac alij occupator̄ cuicun (que) domin̄ siue manerij mei de E. praed' praesent̄ & futur̄ mando & praecipio quod de exit̄, redit̄, firmis & proficuis dominij siue manerij mei praedict' cum pertin̄ soluat seu solui faciat praefat̄ R. C. aut assign̄ suis, dict' vad trium denar̄ ꝓ quolibet die ad festa praed' equis portionibus de anno in annum, & termin̄ in term̄ vita praed R. durant̄. Insuper noueritis me pref. E. dedisse, & ꝑ praesentes concessisse praef. R. C. pastur̄ ad vnum equum & quinque vaccas infra parcum praed' durante vita depascend'. Habend' eidem R. vita sua durante, cum liberis intr oitu & exit̄, ac fugationem & refugationem eorundem absque contradictione aliquali: Ita tamen quod idem R. C. officium praedictū bene & fideliter custodiat & exerceat per se, seu per sufficient̄ deputatum suum exerceri faciat durante &c. de cuius facto respondebit &c In cuius rei &c,

¶ A Grant of the office of keeping of a Parke with fee.

OMnibꝰ &c. Nouerit vniuersitas vestr̄ nos intuitu boni obsequij Sect. 372. dilecti seruientis nostri R. B. hactenus nobis in ecclesia nostra cathedrali Noruicen̄ fidelit̄ impensi ꝑ p̄sens script̄ cōcessisse eidem R. custodiam parci nr̄i de H. ad totam vitam ipsius R. possidend', ꝑcipiend' annuatim de maner̄ nostro de H. ad totam vitam ipsius R. per manus receptoris seu praepositi manerij praed' qui pro tempore fuerit duos denarios ꝑ diem, vna cum roba de secta valectorum nostrorum, erga festū Natalis Domini, quando nos & successores nostri liberat̄ huiusmodi dederimus. Et nos praefat̄ W. Episcop̄, volumus & per praesens scriptū pro nobis et successoribus nostris concedimus, quod si dictus annuus redit̄ aretro &c. vt in districtionibus. Ita tamen quod idem R. officium praedictū bene et fideliter custodiat et exerceat, seu ꝑ suum deputatum exerceri faciat durante termino p̄ dicto. In cuius rei testimonium &c. Datum apud &c. Anno Domini. 1592. anno consecrat̄ nostrae decimoquarto.

¶ A Grant for keeping of a Manour, Parke, and Lodge.

IW. Earle of O. Lord S. &c. To all Christian people to whom this Sect. 373. present writing commeth, greeting in our Lord God &c. Whereas I. late Earle of O. mine auncestor, whose cosin and heire I am. by his [Page] letters pateats, dated &c. gaue and graunted vnto I. W. the Mastershippe and office of the keeping of the game of his Parke of L. in the County of S. and of the Lodge within the same, and the Bailywike or Bailyship of all his manor of &c. And also by his saide letters Patents, made, constituted, graunted and ordayned the said A. W. to bee his Officer and keeper of the said Parke and lodge, to haue, occupy, & enioy the said office of keeper, and lodge to the foresaid I. W. and to his assignes for terme of his life, by himselfe or his sufficient deputie or deputies, with all maner of fees, wages, profits, and commodities of the said office due or appertaining, in as large and ample manner, as any person or persons before that time had, occupied, inioyed or perceiued the same. Know you, that I the said I. W. nowe Earle of O. for diuers considerations me mouing, haue giuen and granted, and by this my present writing do giue and grant to my welbeloued friend T. P. gentleman, the keeping of the manor of L. & of the said Parke, and of the Deere now therein or that hereafter at any time shall be, immediatly after the death of the saide I. W. and as soone as the said office, which the abouenamed I. W. doth now inioy, shall happen to be void by the surrender of the saide I. W. or by any other lawfull waies or meanes: And the same T. P. doe ordaine, make, & constitute by these presents, to be keeper of the same manor, parke, lodge & deere, whensoeuer it shall first happen to bee void, as is aforerehearsed. And furthermore know yee, that I the foresaid I. W. Earle of O. do giue and grant vnto the foresaid T. P. for his exercising and occupying of the said office, the yearely fee and wages of &c. immediatly after the death of the said I. W. with all profites, fees, wages, rewards, aduantages, and commodities to the same office in anie wise due and appertaining, in as ample manner and forme, as the said I. W. or any other hauing or occupying the same office had, or euer vsed and inioyed. And also the herbage & pannage of the saide parke of L. immediately after the death of the foresaid I. W. and as soone as the said office shal happen to be void by surrēder of the afore named I. W. or by any other lawfull waies or meanes. To haue hold, occupie, and inioy the same office of keeping of the saide manor, parke, lodge, and deere, immediatly after the death of the said I. W. and as soone as the same office shall happen to be void, to the said T. P. for terme of his life, by himself, or his sufficient deputy or deputies and to haue and to hold the said wages & yerely fee of &c. and the said herbage and pannage, together with al other commodities, profits & aduantages appertaining to the same, immediatly after the death of [Page] of the said I. W. &c. in as large and ample maner, as the said I. W. or any other persons heretofore had or occupied, for terme of the life of the said T. P. the same yerely fee or wages of &c. to be paid by the hands of &c. of the issues, profits, and reuenues of the same manor of L. at two feastes of the yeare &c. by euen porcions: The first paiment thereof according to the rate to begin at the first feast of the said two feastes, next after the death of the said I. W. &c. And I do by these presents graunt, that the paiment of the said yerely fees and wages so hereafter to be made by any of the said Receiuors, Bailifes, or other officers, shall be vnto them & euery of them, a full and sufficient warrant & discharge in euery of their seuerall accompts, for so much therof as they and euery or any of them shall so pay, as is aforesaid, according to the true meaning hereof. And if it happen the said yerely fee or wages of &c. of the feastes afore rehearsed, at which it ought to be paid: That then it shall be lawfull to the said I. W. in the aforesaid manor of L. to enter & distraine, and the distresses there found, to driue, carie, and beare away, and with him to hold, keepe and retaine, til such time as all the portion of the said yerely fee or wages of &c. so due and behind hand be fully contented and paid, with the arrerages, if any there be. In witnesse &c.

¶ A grant for yeres of the Herbage and Pa [...]mage of a Parke, and with Turbary by the Queene vpon surrender of a former lease.

REgina omnibus ad quos &c. salutem. Cum praechariss. pater noster H. viij. nuper Rex Angliae per lr̄as patent̄ sub magno sigillo suo Angliae confect', geren̄ dat̄ apud Westm̄ &c. an̄ regni sui &c. de aduisamēto dilector̄ ad tune sibi R. S. Milit̄, & T. M. Milit̄ consiliar̄ suorū, ac general' superuis. terrarū suarum, concesserit, tradiderit, & ad firmam dimiserit dilect' ad tunc sibi R. C. in com̄ suo C. yeoman, agistament̄ & pannagiū parcorum, turbar̄, &c. infra forestam suam de M. in p̄d' com̄ suo C. adtunc vel antea in tenura sine \l=o`\ccupatione R. M. existen̄ ꝑcell' terr̄ & possess. suarū Com̄ Palantin̄ C. pertinen̄. Habend' & tenend' agistament̄ & pannagiū praed', ac cetera praemiss. cum pertin̄ pref. R. C. executoribus & assignatis suis, a festo S. Mich. archang' adtunc vltim̄ preterit̄, vsqué ad finē & terminū viginti & vnius annorū extunc proxim̄ sequen̄ & plenarie complend': Reddend' inde annuatim dicto patri nostro, haered' & successor̄ suis ad Seaccar̄ suū C. praed' x. li. &c. ꝓut eidē patri nr̄o adtunc respons. fuit, & triginta solid' vltra de nouo approuamēto per annum ad festa [Page] &c. prout per easdem literas patētes inter alia plenius liquet & apparet. Quas quidem literas patentes & dimissionem dilectus nobis R. D. armig', habens-totum ius, statum, titulum, & interesse R. D. de & in p̄missis nobis sursum reddidit & restituit cancelland', ea intentione, quod nos literas nostras patentes & dimissionem nostram de eisdem praemiss. eidē R. D. in forma sequen̄ facere & concedere dignaremur: Quam quidem sursumredditionem acceptamus per presentes. Sciatis igitur quod nos de aduisamēto Thesuar̄ nostri Angl', Cancellarij & Subthesaur̄ scaccarij nostri pro fine &c. ad receptor̄ Scaccar̄ nostri, ad vsum nostrū per p̄dict̄ R. D. solut̄, tradidimus, concessimus, & ad firmam dimissimus, ac per praesentes tradimus, concedimus, & ad firmam dimittimus praef. R. D. totum praedict' agistament̄ & pannagiū parcorū, turbat̄, felic', crop p̄, & cortic', infra p̄dict̄ forestam nostram de M. in dicto com̄ nostro C. quondam in tenura siue occupatione praed' R. M. ac parcell' terr' & possession̄ nostrarū com̄ Palantin̄ C. p̄dict̄ pertinen̄. Habend' & tenend' agistament̄ & pannagiū p̄dict̄ ac caetera p̄miss. cum pertin̄ praef. R. D. executoribus & assignatis suis, a sesto S. Mich. &c. & ad finem & terminum viginti & vnius annor̄ extunc proxim̄ &c. Reddend' inde annuatim nobis, haered', et successor̄ nostris &c. ad festa &c. ad receptū S [...]accarij nostri, seu ad manus Balliuor̄ vel Receptor̄ p̄missor̄ pro tēpore existent̄, per ae quales portiones soluend durant̄ termino praedict̄. Prouiso semper, quod si contingat &c. (vt in alijs districtionibus,) quod tunc & deinceps haec praesens dimissio et concessio vacua sit ac pro nullo habeatur, aliquo in presentibus in contrarium inde non obstant̄: aut aliquo statuto (vt supra 357.) In cuius rei &c.

¶ A graunt of the office of the Clerke the Hamper.

REx &c. (vt supra 327.) dedimus &c. W. F. officiū Clerici hanaperij Sect. 375. nostri Cancellar̄ nostr̄ terr̄ nostrae Hibernie, & custodiam oīum & omnimodorum breuium, record', billar̄, filatiar̄, scriptor̄, & omniū aliorū record' quorumcunque in Cancellar̄ nostr̄ praedict̄ ꝓ tēpore existent̄, ac ipsum W. clericum hanaperij cancellar̄ terr̄ nostrae praed', & custod' oīum & omnimodor̄ record', billar̄, filatiar̄, scriptor̄, & omniū alior̄ record' quorumcūque in cancell' praed' pro tempore existent̄, facimus, constituimus, et ordinauimꝰ per presētes. Habend' &c. Accipiend', leuand', & annuatim recipiend' tam magn̄ annualia feodo, vadla, & regard', qualia N. W. vel aliquis alius, autaliqui [Page] alij ante hoc tempus praed' offic' occupans siue occupantes pro exercitio eiusd' habuerit siue ꝑcepit, aut habuerint siue percepe [...]int ad festa &c. pro termino vitae dict W. tam de exitibus, proficuis aduantag' & emolument̄ hanaperij nostri Cancell' nostrae terrae Hiberniae praed' prouenient̄ siue crescentibus per manus suas proprias, assignator̄ aut deputator̄ suor̄, quam de reuentionibus subsidijs, debit̄, decimis, quintodecimis & proficuis terrae nostrae Hiberniae praedict', Thesaur̄, subthes. vel gener̄ receptor̄ terrae nostre Hiberniae praedict', vel eorum vices gerent̄ pro tempore existent̄, vna cum omnibus alijs proficuis, aduantag', commoditat, & regardis eisu' officijs, ac eor̄ vtrique pertinen̄ seu spectantibus, Ac in tam amplis modo & forma, prout dict' N. W. aut aliquis alius in officijs illis, aut eorum altero ante hoc tempus habuit siue percepit, co quod expressa mentio &c. Et specialit̄ non obstant̄ statuto, actu, aut ordinatione in quodam parliament̄ tent̄ apud villam nostram de D. in terra nostra Hibern̄ praed' die Lunae prox' post festum S. Andreae Apost', anno regni praecharissimi patris nostr̄ H. vij. nuper Regis Angliae decimo, coram E. D. P. Milite deputat̄ ipsius dn̄i Regis patris nr̄i terr̄ nr̄ae Hibern̄, praed', aedit̄ in haec verba: Qd' abinde & deinceps nullae ꝑsonae quae habent potest ad administrand' iustitiam in dict' terr̄ nr̄a Hibern̄, vz. Cancellar̄, Thesaur̄, Iustic' de Banco, & de communi Banco, capitalis, & secund' Baro de Scaccar̄ nr̄o ibid', Clerious siue Magister Rotulorū, ac omnes offic' computabil', non habeant de caeter̄ aliquam authoritat̄ in talibus offic' suis per literas patentes domini Regis, nisi solummodo ad placit̄ & voluntat̄ domin̄ Regis. Et si aliqua concessio nunc facta, vel in poster̄ fiend' alicuius vel aliquorum officiorum praed' alicui personae in contrarium sit fact', quod illa concessio adiudicet̄ vacua & nullius vigoris in lege: aliqua alia re, causa, aut mater̄ quacunque in contrarium inde non obstante. In cuius &c. has liter̄ nr̄as fieri fecimus patent̄. Teste me ipso apud W. tertio die &c. anno &c.

¶ A Grant of a fellowship in a Hall or Colledge.

HEnry &c. To our trusty & welbeloued the Master of our Colledge Sect. 376. called the Kings Hall within our Vniuersitie of Cambridge, & in his absence to his Lieutenant or Deputy there, gr\l=e'\eting: Forasmuch as we be credibly informed, y^• our welbeloued subiect A. B. Scholler of our saide Vniuersity is greatly desirous & minded to continue at schole for his further increase in vertue & learning: we let you to wit, y^• considering his vertuous intent & purpose, for his better [Page] exhibition in that behalfe, wee haue giuen and graunted, and by these presents doe giue and grant vnto him the roome of a fellowe', of and within our said Colledge, if any bee now voyde, or els the roome of a fellow, within our said Colledge, which shall first and next fall voyde within the same, by death, diuision, surrender, or otherwise: To haue and enioy the same roome, with all maner rights, profits, emolument and dueties thereunto belonging, to the saide A. B. for terme of his life: with all benefit or benefits, pension or annuity, not exceeding the yerely value of tenne pounds, in as ample and large manner, as any heretofore hath had or inioyed the roome aforesaide, any act, statute, ordinance, or any thing to the contrary hereof in any wise notwithstanding. Wherefore we will and commaund you, that according to the effect and purport of this our graunt, yee doe admit the said A. B. vnto the said roome of a fellow accordingly. And these our letters shall be your sufficient warrant and discharge in this behalfe. Giuen &c.

¶ A graunt of the office of Receiuor and Surueyor with fees.

OMnibus &c. R. G. comes L. salutem in domino sempiternam. Sect. 377. Sciatis me praef. Comitem dedisse, &c. E. H. generoso, officium Receptoris omnium exituum, proficuorum, denariorum & summarum crescentium & prouenientium de omnibus manerijs, terris & tenementis, reditibus & haereditamentis meis quibuscunque in comitatu B. &c. Ac etiam officium superuisoris omnium praedictorum maneriorum, terrarum, tenementorum, & haereditamentorum meorum quorumcunque. Ac ipsum W. H. receptorem, ac superuisorem maneriorum, ter [...]arum &c. constituisse & ordinasse, prout per praesentes ordinauimus & constituimus. Habendum &c. in tam amplis modo & forma, prout aliquis alius, vel aliqui alij officijs praedict', seu eorum altero ante haec tempora vsus fuit aut fuerunt. Et vlterius sciatis me praefatum C. dedisse &c. praefat̄ W. H. pro executione & occupation̄ officiorum praedictorum quendam annualem reditum xl. Marcarum &c. Habendum leuanpum &c. pro termino vitae suae naturalis per manus suas proprias de exitibus & proficuis praedictorum maneriorum, terrarum &c. per equales porciones. Et si contingat praedict' annualem redditum xl. Marcarum aretro fore &c. vt in districtionibus.

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¶ A graunt of an Annuitie and reward out of the Hamper, Wine out of the Kings seller, Veluet out of the Wardrope, fee Deere with licence to hunt.

REx &c. Sciatis quod nos in consideratione boni & fidelis seruitij Sect. 378. per dilectum nobis in Christo N. ante haec tempora impensi, dedimus & concessimus &c. eidem N. quandā annuitatē siue annualem redditum quinquaginta libr̄ &c. annuatim habēdum de exitibus, reuentionibus, & proficuis hanaperij nostri pro tēpore existent̄. Habend' &c. praefat̄ N. &c. de exitibus &c. vt supra, ad festa &c. super sola demonstratione harum literarū nostrar̄ patentiū, seu earū irrotulament̄ in dicto hanaperio nr̄o fact', vel alibi p̄fat̄ custodi pro tempore existēti ostens. absque aliquo breui, vel aliquibus breuibus seu mandatis, extra Cancell' nostram suꝑ easdē literas nostras patētes ꝓsequend', ac p̄fat̄ clerico aut custodi aliqualiter dirigend'. Dedimus etiam & concessimus, ac per praesentes damus & concedimus eidē N. pro termino vitae sue, vnū dolium vini Vastonien̄, annuatim percipiend' durante vita sua ꝑ manus pincernae nostrae Angliae protēpore existent̄ deliberād', de illo vino quod idē pincerna noster pro tempore existens habebit & recipiet ad vsum nostrū ratione officij sui praed'. Necnon damus & concedimus eidē N. pro term̄ vite suae annuatim tantam serici Anglice Veluet, de serico nostr' de garderoba nostra, & tantam penellam de eadē garderoba nostra annuatim percipiend' & deliberand' per manꝰ Magistri garderobe nostrae p̄dict' pro tēpore existent̄, quantū satis erit & seruiet ad faciēd' p̄dict̄ N. vnam togam de serico, Anglice Veluet, & penulatam annuatim pro termin̄ vitae sue de illis sericis, Anglice Veluet, & penulis, de quibus Magister de garderoba nostr̄ pro tempore existens annuatim recipiet & habebit ratione officij sui p̄dict̄. Ac etiam damus & concedimꝰ eid' N. annuatim durate vita sua duas damas idoneas, viz. vnam Anglice a Buck of season in estate, & aliam Anglice a Doe of season in hieme, in magno parco nostro de W. in Com̄ nostro de S. annuatim capiend' & habend' tam per seipsū quam per aliquem aliū siue aliquos ꝑ ipsum assignand', per custodes in parco nr̄o pro tempore existent eidē N. deliberand'. Et volumus & concedimus qd' bene liceat & licebit p̄fat̄ N. & assignat̄ suis durante vita sua p̄dict', annuatim venari & fugare in eodē ꝑco nostr̄ pro p̄dictis duabus damis capiend' & interficiend', & eas abinde cariandū, asportandū, & habendum vbicun (que) placuerit ad voluntatē suam, sine impedimēto nr̄o & hered' nostror', forestarior̄, parcariorū, & alior̄ officiarior̄ & ministrorum nostrorū quorumcūque durante vita sua. Et vlterius damus & [Page] concedimus eidem N. centū libr̄ de dono & regardo nostris de exitibus, reuentionibus, & proficuis hanaperij nostri p̄dict̄ prouenient̄ siue crescent̄, per manus p̄dict̄ Clerici eiusdē hanaperij pro tēpore existent̄, soluendum & deliberand' indilate post oftension̄ sibi harum literarum nostrarū patentium, absque compoto seu aliquo alio inde nobis vel hered' nostris reddend' seu soluend' pro premissis seu aliquo premiss. Et volumus & concedimus quod p̄dictus Clericus de hanaperio nostro pro tempore existens & predictꝰ Magister de garderoba nostr̄ pro tēpore existens habeant plenam allocationem comm quibuscunque Auditoribus & Iudicibus nostris in quibuscunque curijs & locis super specialibus compotis suis faciend', de exitibus, reuentionibus, et proficuis separalibus, ratione officiorum suorum nobis emergentibus siue crescentibus, videlicet, dictus clericus hanaperij nostri pro tēpore existens, tam pro annuali solutione predict̄ annuitatis siue annualis redditus 50. li. quam pro predict' C. li. de regardo nostro praefat̄ M. vt premittitur per nos coucess. Et predict̄ Magister garderobae nostr̄ praedict' pro deliberatione dicti annualis serici siue Veluet, & penularum annuatim ad faciendum praefat̄ N. vnam togam penulatam. Eo quod expressa mentio de vero annuo valore, aut aliqua alia certitudine praemissorum, seu eorum alicuius, aut de alijs donis siue concessionibus, per nos, aut aliquem progenitorum nostrorum praefat̄ N. ante hec, tempora factis in praesentibus minime facta existit: aut aliquo statuto, &c. (vt supra 357. c.)

¶ A graunt of thoffice of the Pipe in reuersion.

REx &c. Cum praeclar̄ pater noster H. nuper Rex Angl vij. per Sect. 379. literas suas patentes, quarum dat̄ est apud W. xv. die M. anno regni sui xxiij. ordinauerit, deputauerit, & constituerit dilect' sibi T. B. ingrossator̄ magni Rotuli in Scaccario suo siue Clericum Pipe eiusdem Scaccarij, ac eidem T. officiū ingrossatoris magni Rotuli sui, siue Clerici Pipe in Scaccario suo praedict' dederit & concesserit. Habend' & occupand' eidem T. B. per se, vel per sufficient̄ deputatum suū, siue deputatos suos sufficientes ꝓ termino vite sue: Percipiend' inde ꝓ officio illo exercend', feod', vadium, regardum, liberatam, victum, & proficua, eidem officio quoquomodo debita, consueta siue spectant̄, in tam amplis modo & forma, prout aliquis alius dictum officiū ante hec tempora occupans & exercens habuit [Page] & percepit, in, & pro executione eiusdem officij: Soluend' eidem T. de tempore in tempus annuatim limittand', percipiend', & assignand' ad terminos in dicto Scaccario suo ab antiquo limitat̄, super sola demonstratione literarū dicti patris nostri siue earundem irrotulamenti, in dicto Scaccario suo facti & ostensi, absque aliquo breuiaut breuibus siue mandato extra Cancellariam dicti patris nostri super eisdem literis prosequend', aut Thesaur̄ & Baron̄ de Scaccario suo aliquatenus dirigend', vna cum omnibus & omnimodis alijs proficuis, commoditatibus, aduantagijs, & emolumētis, dicto officio qualitercū (que) debitis consuet̄ siue spectantibus, prout in eisdem lite [...]is plenius continetur. Sciatis quod nos ob certas grandes causas nos & Concilium nostrum mouentes, & in consideratione boni & acceptabilis seruitij, tam dicto praeclarissimo patri nostro H. nuper Regi Angl' septimo, ac domin̄ E. nuper Regi Angl' quarto Auo nostro, quam nobis per dilectum seruientem nostrum W. P. vnum Clericorum in officio priuati sigilli nostri multipliciter impens. & imposterum impendend', de gratia nostra speciali ordinauimus, deputauimus, & constituimus praefat̄ W. P. ingrossator̄ magni Rotuli in Scaccario nostro, siue Clericum Pipe eiusdem Scaccarij: ac eidem W. officium ingrossatoris magni Roruli, siue Clerici Pipe in Scaccatio nostro praedict' damus & concedimus per praesentes. Habend' & occupand' officium praedictum eidem W. perse, vel per sufricientem deputatum suum, siue deputatos suos sufficientes, pro termino vitae sue immediate post decessum ipsius T. aut per restitutionem literarū paten̄ dicti patris nostri eidem T. inde factarum, aut per resumptionem forisfacturam vel depriuationem, seu aliquam aliam causam vel materiam quamcunque idem officium vacar̄, seu ad manus nost [...]as aut donationem, dispositionem, seu concessionem nostram deuenire, accidere, seu pertinere contigerit: Et percipiend' pro officio illo exercendo, feoda, vad', regard', liberatam, victum, & proficua eidem officio quoquo modo debit̄, consuet̄, siue spectant̄, in tam amplis modo & forma, prout idem T. B. aut aliquis alius dictum officium preante occupans habuit & percepit, in, & pro exercitio & occupatione eiusdem officij: Soluend' eidem W. de tempore in tempus annuatim limitand', percipiend', et assign̄ ad terminos in dicto Scaccario nostro ab antiquo limitat̄, super sola demonstratione praesentium literatum, siue earundem irrotulament' in dicto Scaccario fact' & ostensi, absque aliquo breui aut breuibus, seu mandato extra Cancellariam nostram super eisdem literis nostris [Page] prosequend', aut Thesaur̄ & Baronibus de dicto Scaccario nostro aliquatenus dirigendo, vna cum omnibus & omnimodis alijs proficuis, commoditatibus, aduantagijs, & emolumentis dicto officio qualitercun (que) debitis consuet̄ siue spectant̄. Eo quod expressa mentio de vero valore annuo, aut quouis alio valore officij, vadiorum, feodorum, proficuorū, commoditatum, & liberat̄ praedict̄ in literis nostris predict̄ facta minime existit, aut eo quod predict̄ T. B. adtunc superstes existit, aut aliquo statuto &c. vt supra 357. c.

¶ A Manumission of a bondwoman or graunt of libertie.

VNiuersis & singulis Christi fidelibus praesentes literas inspecturis Sect. 380. T. R. Miles dominus S. & M. Comitissa R. vxor &c. Cum I. B. alias dictus I. B. natiuus noster, filius R. B. alias dict' R. B. natiui nostri, spectantis siue appendētis manerio nostro de P. in Com̄ C. in villenagio procreatus fuerat, ac est pro tali & vt talis communiter dictus, tentus, habitus, & reputatus palam, publice, & priuate: Noueritis nos T. R. &c. certis de causis veris & legitimis, nos & animos nostros in ea ꝑte mouentibus, ꝓ nobis & haeredibus nr̄is imperpetuū manumisisse, liberasse, & ab omni iugo seruitutis & villenagij exonerasse, prout per p̄sentes nr̄as literas patentes manumittimus, liberamus & exoneramus praedict̄ I. B. cum tota sequela sua procreata & procreanda, bonis & catallis, terris, & tenemētis suis perquisitis, siue imposterū perquirendis quibuscunque. Sciatis etiam nos praefat̄ T. & M. remisisse, relaxasse, ac omnino pro nobis, haeredibus, & executoribus nostris im ꝑpetuū quiet̄ clamasse, sicut per p̄sentes nostras literas relaxamꝰ, remitt̄, & quiet̄ clamamus eisdē I. B. alias dict̄ I. B. haered' suis, & tot̄ sequelae suae, omnes & omnimodas actiones reales & personales, sectas, quaerelas, seruitia, calumpnias, transgressa, debita, & demanda quaecunque, quae versus eundem I. B. alias dictum I. B. vel aliquos haered seu sequelarum suarum, aut eorum aliquem habemus, habuimus, seu quouismodo habere poterimus, aut haered' nostri habere poterint in futurum, ratione seruitutis & villenagij praedict̄, vel aliqua quacunque de causa ab origine mundi, vsque in diem confectionis praesentium. Ita videlicet quod nec nos praedict' T. dominus S. M. Comitissa R. nec alter noster, nec haeredes nostri, nec aliquis alius per nos, pro nobis, seu nomine nostr̄, aut alterius nostrum, aliquam actionem, ius, titulum, clameum, interesse, seu demand' villenagij vel seru [...]tutis per breue domini Regis, seu aliquo modo quocunque versus dictum I. B. alias dict' [Page] I. B. aut sequelam suam procreat̄ seu procreand', bona aut catalla, terr̄ aut tenementa, seu perquis [...]ta, vel in posterum perquirend' de caeter̄ exigere, clamare, seu vindicare poterimus, poterit aut vnquam poterint in futurum, sed total ter simus in perpetuū exinde penitus auersi per presentes. Et nos vero praedict' T. S. & M. & haered' nostri, praef. I. B. alias dictum I. B. cum tota sequela sua procreat̄ seu pro creanda liberos erga gentem omnem warrautizabimus in perpetuum per praesentes. In cuius &c.

¶ An other forme of Manumission in English.

TO all Christian people to whom this present commeth, A. Earle Sect. 381. R. Lord S. and of R. sendeth greeting in &c. Be it knowen vnto all people, that whereas we by the information of diuers persons haue made title and claime to one I. T. of L. in the Countie of N. and to one W. T. brother to the same I. T. of S. in the Countie of R. and all their issues of their bodies comming to be Villeines, and bound vnto vs & appendant to our manor of I. in the Countie aforesaid. And forasmuch as we find neither proofe nor sufficient ground whereby we may vnderstand that the said I. and W. or any of their issue should be villeines or bound vnto vs, but by euident proofe in sundrie wise brought & shewed to vs, we rather vnderstand the contrarie to be true, therefore we being desirous to set all doubtfull matters apart, and willing also the said I. and W. to be no further greeued or molested wrongfully without sufficient cause, & that they may from henceforth liue in suertie of the same, haue remised, released, &c. vt supra in the [...]ormer Manumission of a bondman.

Attornement.

¶ The forme of indorsing or entring of Attornement of Tenants.

ANd because lands and tenements and such things as naturally Sect. 382. lie in grant cannot be transferred from one to another by bare grants of the parties, without the attornement and agreement of others, it is meet somwhat to discourse of Attornement. An Attornement therefore is the agreement of the tenants of the land, which is when the seigniory, rent, reuersion, or remainder is granted vnto him to whom the same is granted. And euery Attornement [Page] is either actuall, or in law: An actuall Attornement is the expressed consent of the tenant to such grant in any such deed by some ouert or open act, as by saying, I become your tenant according to this deed: Or that he liketh well thereof, or is contented therwith, or that he attorneth tenant to the grauntee according to the tenor thereof, giuing to him some money in name of Atto [...]nement &c. Littleton 551. Plowden 25. a. 344. a. Attornement in law is when the person that ought to attorne doth not by plain and expresse woord [...], as is aforesaid, declare his consent to such a grant, but doth some other such act as in law sufficiently implieth and argueth his agreement thereunto: As if there be Lord and Tenant, and the tenant leaseth for life to a woman, the remainder in fee to an other, and the woman taketh an husband to whom the Lord granteth the seruices: Or if there be Lord and Tenant, who marrieth a wife, and after the Lord granteth the seruices to her, and her husband accepteth the deed: Or if a lease be made for life, or yeares, and after he that hath the reuersion or remainder, granteth the same to his lessee, who accepteth of the deedes. These and such like be Attornements in law, Littleton Sect 558. 559. 560. 561. 564. &c.

¶ Attornement of tenant for life.

MEmorandum that the within named E. M. being tenant for Sect. 383. terme of life of the said manor of Q. and other the lands and inheritance expressed in this Indenture, did the 5. day of I. in this present moneth of Iune, the 32. yeare of the Queenes Maiesties raigne that now is, attorne vnto the within named I. B. according to the effect of the grant mentioned in the said Indenture: And for proofe thereof did giue vnto him the said I. in name of Attornement the summe of iiii. d. of vsuall English money. in the presence of these persons whose names are subscribed, viz. A. B. C. D. &c.

¶ Or thus by diuers Tenants.

¶ Memorand' that the persons whose names are vnder written, tertio die [...]. & anno &c. did attorne & become tenants vnto the within named E. B. and M. his wife, according to the purport of the lease within mencioned. And for proofe thereof euery one of them did giue vnto the said E. and M. one penie in the name of Attornement.

¶ Or thus in Latin.

¶ Memorand' etiam quod 16. die M. anno s [...]prad' R. S. G. H. G. C. &c. ten̄ diue [...] sarū parcellarum tenementorum predictorum ex separalibus [Page] dimissionibus dict' T. W. super ten̄ [...]is p̄dictis se prefatis T. W. & T. S. inde attornauerunt tenent̄, ipsi (que) singuli dederunt praefat̄ T. W. & T. S. singulos denarios nomine attornamenti pred' &c. in praesētia testium predictorum, & aliorum, scilicet A. B. &c.

¶ Or thus with L [...]erie of seisin also.

SCiatis quod possessio & seisina de terris & tenemētis infrascript̄, capt̄, & deinde deliberat̄ fuit infrascript̄ S. P. per infranominat̄ W. S. decimo die Iunij anno infrascript̄, ad vsum infrascript̄, & secundū tenorē huius praesentis chartae indentat̄: Necnon eo dē die apud M. praed' infranominat̄ T. W. tenens vnius clausi parcell' premis [...]orum vocat̄ C. pro termino vitae sue & v [...]os anni vlterius pro eod clauso, tam eidē S. quam infranominat̄ E. S. R. G. & E. M. secundū tenorē huiꝰ charte indentat̄ attorn̄ & liberauit eidē S. vnum denariū legalis monete Angl' in nomine atturnac' & seifin̄ reditus sui per ipsū annuatim soluend' pro eodē clauso durante termino [...]dict, in presentia W. N. &c.

¶ A deede of Attornement.

OMnibus &c. T. H. &c. Cum ego praed' T. habeam & teneam pro Sect. 384. termino vitae meae vnum tenemētū cum suis pertinētijs in villa de C. vocat̄ D. qd' quidē ten̄tum cum suis pertin̄, & reuersionem inde (cum acciderit) post meum decessū T. B. perquisiuit de W. H. filio meo & haered' apparenti: Noueritis me praef. T. H. posuisse praed' T. B. in plenam & pacificā possession̄ & seisin̄ de reuer [...]' dicti ten̄ti cum oibus suis ꝑtinen̄, per solutionē vnius denarij argenti eidē T. B. In cuius &c.

¶ An other deed of Attornement.

OMnibus &c. H. A. &c. Cum ego p̄dict̄ H. habeam & teneam pro Sect. 385. termino vite meae vnum tenemētū cum &c. Cuius quidē ten̄ti & caeter̄ p̄miss. cū suis ꝑtin̄ reuersio quibusdā R. S. & A. N. spectat: Ac etiam cū ego p̄dict̄ H. A. habeam & teneā ꝓ termin̄ vitae meae vnū aliud ten̄t̄ &c. cuius ten̄ti & caeterorū p̄miss. reuersio p̄fat̄ R. S. spectat. Et quia mihi praef. H. ad p̄sens satis constat, qd praed' R. S. per duo s [...]ript̄ sua se ꝑalia ge [...]en̄ dat̄ &c. anno &c. bargani [...]. dederit & concesser̄, ac ꝑ illud script̄ suū cōfirmauerit W. P. & A. vxor̄ eius, & hered suis, reuersiones dictorū ten̄torū & caetero [...]ū p̄missorum, prout ꝑ script̄ illa liquet. Noueritis nunc me pf. H. ten̄tē dictorum [Page] duorum tenementorum & ceterorū praemissorum cum pertinen̄, vt praedictum est, ex mera & spontanea voluntat̄ mea praef. W. P. & A. vxor̄ eius, ratione dict' concession̄ dict' reuersion̄, de, & in pred' tenementis & caeteris praemissis sic per me iam tent̄, per solutionē vnius denarij attornasse, & quantum in me est, dict' donac', concession̄ & contract' dict' reuersion̄ ten̄torum ac caeteror' p̄missorum cum suis pertinen̄ in forma p̄dict fact' assensum & cōsensum praebuisse, & illa approbasse in perpetuum per praesentes. In cuius &c.

¶ A graunt of lands in fee simple by the King to be holden in Capite.

REx &c. (A) Sciatis qd'nos ꝓ summa &c. legalis monete Angl' Sect. 386. ad manus Thesaurarij Cur̄ nostre reuentionum Coronae nr̄e ad vsum nostrum per dilect' nobis H. W. bene & fideliter persolut̄, de gratia &c. dedimus &c. eidē H. W. totum situm & capitale mesuagium manerij nostri de R. in R. in comitat̄ nostro N. nu ꝑ Monaster̄ de C. in eodē comitat̄ nostro N. modo dissolut̄ dudum spectant̄ & ꝑtinen̄, ac ꝑcellā possessionum inde existen̄, ac omnes terras dn̄icales manerij praed'. Necnori omnia mesuagia, domos, horrea, edific', hortos, pomaria, gardina, curtilag', terras, prata, pascua, pasturas, aquas, ꝑiscarias, communia, iura, cōmoditates, & hereditamenta nostr̄ quaecun (que) cum suis ꝑtinen̄ vniuersis in R. in com̄ p̄d' ac alibi vbicun (que) in eodem com̄ dicto capitali mesuagio manerij praed' quoquo modo spectantia vel ꝑtinen̄; cum eodem capitali mesuagio dimissa, vsitata, seu occupata existen̄, ac nu ꝑ in tenura T. H. armigeri, & modo in tenura seu occupatione dicti H. W. cum dicto capital' mesuag' existen̄, ac etiam omnes & omnimodos boscos, de, in, & su ꝑ dictis terr̄ & caeteris p̄missis crescen̄ & existen̄. Damus etiam ac ꝑ praesētes ꝓ consideratione praed' concedimus p̄fat̄ H. W. aduocationē, donationem, liberam dispositionem, & ius patronatus Rectorie & Ecclesiae parochialis de A. in dicto comitat̄ nostro N. Habend' &c. vt in praemissis, & caetera omnia & singula praemissa suꝑius exp̄ssa & specificata cum suis pertinentijs vniuersis praef. H. W. haered' & assignat̄ suis imperpetuum. (B) Tenend' de nobis, haered', & successoribus nostris in capite, per seruic' &c. ac reddend' inde annuatim nobis, haered' & successoribus nostris xx. s'. ad curiam nostram augmentationum re [...]enc' Coronae nostrae, ad festum &c. singulis annis soluend', pro omnibus reditibus, seruitijs & demandis quibuscunque proinde, nobis, haeredibus, vel successoribus nostris quoquomodo reddendis, [Page] soluendis, vel faciendis. (C) Et vlterius volumus, & per praesentes concedimus praefat̄ H. W. haered' & assignatis suis, quod nos & haeredes & successores nostri in perpetuum annuatim, & de tempore in tempus exonerabimus, acquietabimus, & indempnes conseruabimus eundem H. W. haeredes & assignatos suos versus nos, haeredes & successores nostros, & versus quascunque alias personas de omnibus & omnimodis reditibus, feodis, annuitatibus, pensionibus, & denariorum summis quibuscunque de praemissis, seu de aliquo praemissorum exeunt̄ seu soluendis, vel superinde oneratis seu onerandis ꝓraeterquam de reditu & seruitio superius per praesentes reseruatis. (D) Volentes etiam & firmiter iniungendo praecipientes tam Cancellario & concilio dictae curiae nostrae augmentationum reuentionum Coronae nostrae pro tempore existentibus, quam omnibus & singulis receptoribus, auditoribus, & alijs officiarijs & ministris nostris quibuscunque, heredum & successorum nostrorum, quod ip si eorum quisque super solam demonstrationem harum literarum nostrarum patent̄, vel super irrotulamento earundē, abs (que) aliquo alio breui seu warranto a nobis, hered', vel successoribus nostris quoquomodo impetrand', obtinend', seu prosequend', super solutione dicti annui redditus xx. s'. nobis, haered', & successoribus nostris superius per praesentes vt praefertur reseruatis, plenam, integram, debitamque allocationem & defaulcationem, deductionem, & exonerationem manifestam, de omnibus & omnimodis huiusmodi redditibus, feodis, annuitatibus, pensionibus, & denarior̄ summis, de praemissis, seu de aliqua inde parcella (vt praefertur) exeunt̄ seu soluend', praefato H. W. haered' & assignatis suis facient & fieri curabunt. (*) Et hae litere nostre patentes & irrotulament̄ earundem erunt annuatim, & de tempore in tēpus tam dicto Cencellario & concilio nostro dictae curiae nostrae augmentac' reuention̄ coronae nostrae pro tempore existen̄, quam omnibus receptoribus, auditoribus, & alijs officiarijs & ministris nostris, haeredum vel successorum nostrorum quibuscunque & eorum cuilibet sufficient warrant̄ & exoneratio in hac parte. Et insuper de ampliori gratia nostra damus & per praesentes concedimus praefat̄ H. W. omnes exitus, reditus, reuentiones, & proficua omnium & singulorum praemissorum superius expressorum & specificatorum cum pertinētijs, a festo sancti Mich. archangeli vltimo praeterito hucusque prouenien̄ siue crescen̄. Habend' eidem H. ex dono nostro absque compoto, seu aliquo alio proinde nobis, haeredibus, vel successoribus nostris quoquomodo reddendo, soluendo, vel faciendo, (E) Et vlterius de vberiori gratia nostra [...]olumus, [Page] & pro nobis &c. per praesētes concedimus praefat̄ H. W. quod habeat & habebit has literas nostras paten̄ sub magno sigillo nostro Angliae debito modo factas et sigillat̄ abs (que) fine seu feodo magno vel paruo proinde nobis in hanaperio nostr' seu alibi ad vsum nostrum quoquomodo reddend', soluend', vel faciend'. Eo quod expressa mentio (vt supra 357. b. &c. In cuius &c.

¶ A graunt of a Manor with the Adnowson appendant.

REx &c. Sciatis quod nos ex gratia nostra speciali, & in consideratione Sect. 387. veri & fidelis seruic' quod dilectus serui [...] ̄s noster A. B. nobis praestitit, & durante vita sua praestare int [...] ̄dit, dedimus & concessimus, ac tenore praesentiū damus & concedimus p̄fat̄ A. manerium nostrū de B. cum suis membris et pertinen̄ in comitatu nostro S. necnon Rectoriam de B. in eodē com̄ S. ac aduocationē Ecclesiae de B. praed', vna cum omnibus et singulis suis glebis, decimis, oblationibus, mortuar̄, portionibus, pensionibus, & alijs profi [...]uis quibuscun (que) eidē Rectoriae de B. aliquo modo ꝑtinen̄ siue spectantibus: Ac etiam aduocationem & patronatum vicariae de B. praed' cum suis iuribus & pertinen̄ vniuersis: necnon oīa et singula mesuagia, terras, tenementa, prata, pascua, pastuias, boscos, subboscos, redditus, reuersiones, molendina, seruitia, feoda militū, ward', maritagia, releu [...]a, eschaetas, communias, aquas, stagna, vastas, warrennas, libertates, franches. curias, leet̄, ac ꝑquisit̄ curiae, aduocation̄, et patronat̄ vicariae de B. praed': Ac etiam omnes alias aduocationes & patronat̄ ecclesiarū, capellarū, cantuariarū, ac alia iura & haereditamenta quae cun (que) cum suis ꝑtinen̄ vniuersis in B. praed', ac alibi vbicun (que) p̄d' man̄io, rector', vicariae, seu eorū alicui spectan̄, siue aliquo modo ꝑtinen̄, aut quae vt mēbra vel ꝑcella eorūdē maner̄, rectoriae, vicariae, siue eorū alicuiꝰ habita, cognita, siue reputat̄ fuerint. Quod quidē maneriū de B. necnon rectoria vicariae, terr̄, ten̄t̄, et caete [...]a oīa & singula p̄missa cum eorū pertin̄, inter alia ad manus nostras deuenerunt ac in manibꝰ nr̄ is iam existunt &c. de termino S. Trinitatis anno regni nostri xxix. plene liquet. Habend' &c. vt supra in praemissis p̄fat̄ A. B. & haered' masculis de corpore suo legitime procreatis. Tenendū de nobis & haered' nostris in capit̄ per seruitium quintae partis vnius feodi militis ꝓ omni seruitio, exactione, & demanda quacun (que), abs (que) com [...]oto seu ratiocinio siue aliquo alio nobis, heredibus, aut successoribus n [...]is ꝓ eisdē reddendo vel faci [...] ̄do. Et vlterius ex [...]berior̄ gratia nostr̄ dedimꝰ & concessimus, ac tenore [Page] praesentium damus & cōcedimꝰ p̄fat̄ A. B. omnes & singulos exitus, &c. vt supra proxima Sect'. Eo quod exp̄ssa mentio &c. In cuius &c.

¶ A graunt of the patronage of a Parsonage in fee, with an assignement of a terme for yeares of the globe and tythes.

THis Indenture made the &c. day of O. in the &c. of the raigne of Sect. 388. our Soueraigne Ladie &c. Betweene G. T. of &c. of the one partie, and T. W. of the other party. Witnesseth, that whereas H. T. of &c. by his Indenture, bearing date &c. for the considerations in the same deed mencioned, did giue, graunt &c. vnto the said G. T. his heires and assignes, all that the Aduowson, Patronage, free gift, and right of presentation, of, & to the Parish Church of S. in the County of &c. and all the estate, right, title, and interest of the said H. T. of, in, and to the same. To haue and to hold &c. vnto the said G. T. his heires and assignes, to the onely vse and behoofe of the said G. his heires and assignes for euer. To hold &c. And moreouer where the said H. T. did by the same Indenture giue, graunt, &c. vnto the said G. T. his &c. all his estate &c. and terme of yeares, which he then had, or of right ought to haue had, of, in, and to the said Rectorie, parsonage, and other glebe land of S. aforesaid, and of, in, or to all and singuler the Tythes of corne, graine, hay, wooll, lam be, milk, calfe, and other tythes both prediall and personall whatsoeuer, yearely comming, growing, arysing, renewing, accruing, or increasing within the towne, fieldes, and parish of S. aforesaid, and which Rectorie, Parsonage, and glebe lands, tythes, and other the premisses, the said H. T. did hold & inioy by force of a Lease thereof to him made, by one L. G. then & now Parson of S. aforesaid, for, and during the naturall life of the said L. And whereas also in the said Indenture one Prouiso was contained in effect following: that is to say, That when and as soone as the said H. T. his heires &c. should haue saued harmelesse, and fully discharged the said G. T. his heires &c. and all their goods and cattels, of, and from one Obligation, in the said Indēture mentioned, wherein and wherby the said G. & H. stood iointly bound vnto one W. C. in the said Indenture likewise named, & haue fully performed the conditions of the same obligations, and euery of them: That then, & at all times after, whensoeuer the said G. his &c. should & would make, or cause to be made vnto the said H. T. his heires &c. such good, perfect, & sufficient assurance and conueiance in law, of the [Page] said Aduowson, Patronage, free gift, and right of presentation, to the Church of S. aforesaid, as he the said H. his heires or assignes, should reasonably deuise and require. And also that he the said G. his &c. should and would in like sort, make or cause to be made, vnto the said H. his executors &c. such good, perfect, & sufficient conueyance and assurance in the law, of the before mentioned lease of the foresaid Parsonage of S. with the tythes thereof, and of all other things before by the said Indenture bargained and sold, as he the said H. T. his executors, or administrators, shall reasonably deuise, and require, as in, and by the said recited Indenture, amongst diuers other things more at large it doth and may appeare. And whereas the said H. T. or his assignes, haue not saued harmelesse, or otherwise discharged the said G. T. from the Obligation in the said Indenture mentioned, nor did performe the condition of the said Obligation, according to the tenor, effect, & true meaning of the same condition. Now the said G. T. for good causes and considerations him especially mouing hath giuen, graunted &c. and by these presents doth cleerely, freely, and absolutely giue, graunt &c. vnto the said T. W. his heires and assignes for euer, all that the said Aduowson, Patronage, free gift, and right of presentation, of, and to the said parish Church of S. aforesaid, in the said Countie of O. and all the estate, right, title, and interest of the said G. T. of, in, and to the same, and all deedes, &c. concerning the same. To haue and to hold &c. And moreouer the said G. T. for the consideration aforesaid hath cleerely and absolutely giuen, granted &c. vnto the said T. W. his &c. all the said estate, and terme of yeeres, before recited, and to the said Rectories &c. To haue and to hold the said Rectorie &c. vnto the said T. W. his executors and assignes, for, and during all such terme, time, and interest, as are or should be yet to come, by force of the said demise and graunt made to the said H. T. In witnesse whereof &c. Hereunto adde necessarie Couenants.

¶ A graunt of a Manor.

HEnricus &c. Sciatis quod nos &c. (vt supra 386.) per A. B. & Sect. 389. I. P. vnde fatemur nos fore plenarie satisfactos & contentos, cosdem (que) A. & I. acquietamus de gratia &c. totum illud dominiū & manerium nostrū de F. cum iu [...]ibus, membris, & pertinen̄ vniuersis in Comitatu nostro G. nuper Monaster̄ de W. in eodē comitatu nostro de G. modo dissolur̄, dudum spectant̄ & pertinent̄, ac parcell' possession̄ & reuention̄ eiusdem nuper Monaster̄ dudum existen̄, [Page] ac omnia & singula mesuagia, molendina, toft̄, cottagia, curtilag', domos, aedificia, structuras, columbar̄, hort̄, pomaria, gardin̄, terras, prata, pascuas, pasturas, boscos, subboscos, redit, reuersiones, seruic', redit̄ oneris, redit̄ siccos, ac redit̄ super quibuscun (que) dimissionibus & concessionibus, reseruat̄, annuitat̄, ac omnes & omnimodas decimas cuiuscū (que) generis seu naturae fuerint: Necnon faeodi firmas, aquas, piscar̄, iampn̄, bruer̄, moras, marisc', warect', moras, warrenn̄, communes vias, vacuos fundos, natiuos, villanos, cum eorū sequel', faeod' Militū, warda, maritagia, eschaet̄, releuia, heriot̄, curias let̄, visꝰ francipleg', quae pertinent, seu in posterum spectare possunt aut debent, bona & catalla waiuiat̄, bona & catalla felon̄, tam de se, quam aliorū felon̄, fugitiuorū, conuict', aut quoquomodo damnatorum seu conuictorum extra cur̄, & alia nostra iurisdictiones, priuileg', & libertat̄, emolumenta, proficua, commoditat̄, & haereditamenta nostra quaecunque cum eorum pertinentijs vniuersis, situat̄, iacen̄, & existen̄ in villis & campis, parochia seu hamletis de F. in dicto comitatu nostro G. ac alibi vbicun (que) in eodem comitat̄, dictis domo & manerio pertinen̄ aut quoquomodo spectant̄, aut vt membrum, part̄, vel parcell' eiusdem domus & manerij antehac habit̄, cogn̄, accept̄, vsitat̄, reputat̄, d [...]niss. seu locat̄ existent̄, aut cum eadem domo aut manerio occupat', seu qualitercunque vsitat̄: Ac omnes & singulos boscos, & subboscos, & arbores nostras quascunque, de, in, vel super p̄dict̄ manerio & domo, & caeteris praemissis, aut aliqua inde parcell' crescent̄ siue existent̄: Ac totam terram, fundū, & solum eorundem boscor̄, subboscor̄, & arborū, & eorum cuiuslibet: Necnon reuersionem & reuersiones omnium & singulorum praemissorum, & cuiuslibet inde parcell', ac redit̄, reuersion̄, ac caetera aduātagia & proficua quaecunque, super quibuscunque dimiss. concess. paemiss. aut alicuius inde parcell' fact' seu reseruat̄. Damus etiam pro consideratione praedict', ac ex certa scientia & mero motu nostris per praesentes concedimus praefat̄ A. B. & I. P. aduocationem, donationem, praesentationem, liberam dispositionem, & ius patronat̄ Rectoriae & Ecclesiae de S. in comitatu nostro R. nuper Monaster̄ de A. in eodem comitatu nostro B. modo dissolut̄, dudum spectant̄ siue pertinent̄. Damus etiam pro consideratione praedict̄, ac ex certa scientia & mero motu nostris per praesentes concedimus praefatis A. B. & I. P. omnia & singula dominia, maneria, mesuagia, terras, tenemēta, prata, pascua, pasturas, boscos, subboscos, redit̄, reuersiones, seruic', decimas, aduocationes, ac caetera omnia & singula praemissa superius expressa & specificata cum pertinentijs, adeo plene, libere, integre, & cum omnibus [Page] eisdē huiusmodi, & consimilibus libertat̄ & immunitatibus quibuscunque, in tam amplis modo & forma, prout nuper Abbas dicti nuper Monaster̄ de W. ac vltimus Abbas dicti nu ꝑ Monaster̄ de A. aut eorum alter, aut aliquis vel aliqui praedecessores sui, in iuribus eorundē nuper Monaster̄, seu eorum alterius aliquo tempore ante dissolutionem, siue sursumred ditionem eorundem nuper Monaster [...], seu eorum alterius, vel antequam nuper Monaster̄ ill', seu eorum alterum ad manus nostras deuener̄, praedict̄ dominium, mesuagiū, terras, tenement̄, decimas, aduocationes, ac caetera praemissa, aut aliquam inde parcell' habuit, tenuit, vel gauisus fuit, habuer̄; tenuer̄, vel gauisi fuerunt, seu habere, tenere, vel gaudere debuit vel debuerunt, Et adeo plene, libere, integre, ac in tam amplis modo & forma, prout ea omnia & singula ad manus nostras, ratione vel praetextu alicuius chartae, doni, concession̄, confirmation̄, siue sursumredditionis per dictum nuper Abbat̄, & eorum nuper Conuent̄ dictorum nuper Monaster̄, siue eorum alter̄ sub sigillis suis conuentualibus, aut sub sigillo Conuentuali eorum alterius inde nobis confectarum, aut ratione vel praetextu alicuius actus Parliamenti, aut aliter quoquomodo deuenerunt, seu deuenire debuerunt, ac in manibus nostris iam existunt, seu existere debent vel debuerunt: Exceptis tamen semper nobis, haeredibus, & successoribus nostris omnino reseruat̄ omnibus & singulis aduocationibus, donationibus, praesentationibus, & iuribus patronat̄ quibuscunque dicto dominio & manerio, & alteri praemiss. aut alicui inde parcell' quoquo modo spectant̄ vel pertinentibus, praeter praedict' aduocationem, donationem, praesentationem, & ius patronat̄ Rectoriae & Ecclesiae de S. praedict'. Quae quidem dominium, manerium, mesuag', terrae, tenement̄, & caetera praemissa modo extendunt ad clarum annual' valorem &c. Habendum, tenendum, & gaudendum praedict' dominium, manerium, mesuag', terras, tenementa, prata, pascua, pasturas, boscos, subboscos, redditus, reuersiones, seruic', decimas, aduocationes, cur', & visus francipleg', haereditamenta, & caetera omnia & singula praemissa cum pertinentijs, (exceptis praeexceptis) praefatis A. B. & I. P. haeredibus & assignatis suis imperpetuum, ad solum & proprium vsum ipsorum A. & I. ac haeredum & assignatorum suorum imperpetuum. Tenend' &c. (vt supra 386. b. Et vlterius &c. (vt supra 386. e.) praefat̄ A. & P. ac haeredibus & assignatis suis, quod ijdem A. & P. & haeredes & assignati sui, habeant, teneant, & gaudeant, aut habere, tenere, & gaudere valeant & possint infra praedict' dominium, manerium, mesuagia, terras, [Page] tenementa, ac caetera praemissa, & infra quamlibet inde parcell', tot, talia, tanta, huiusmodi, & consimil' cur̄, leet̄, visus francipleg', & omnia quae ad cur̄, leet̄, & visus francipleg' pertinent, seu imposterum spectare possint aut debent, fines amerciament̄, assisas panis, vini, & seruiciae, leberas warrennas, decimas, bona & catalla [...]auiat̄, bona & catalla felon̄, tam de se, quam aliorum felon̄, fugitiuorum, vtlagat̄, attinct' seu conuict', wauias, extrahur̄, & alia iura, iurisdictiones, priuileg', libertat̄, franchis. proficua, commoditat̄, emolumenta, & haereditamenta quae cunque, quot, qualia, quanta, & quae dict' nuper Abbas dict' Monasterij (an [...]e illud ad manu [...] nostras deuenit) in praedictis dominio, manerio, & caeteris praemissis, aut in aliqua inde parcell', habuit, tenuit, & gauisus fuit, habuerunt aut tenuerunt praetextu alicuius chartae, doni, concessionis, siue confirmation̄, aut aliarum patentium, per nos, seu per aliquem progenitorum nostrorum praefat̄ nuper Abbati & nuper Conuent̄ dicti nuper Monaster̄ de W. aut alicui vel aliquibus praedecessorum suorum quoquomodo fact' vel concess. aut ratione vel praetextu alicuius praescriptionis, vsus, seu consuetudinis, antehac, aut aliter quoquo modo legitimo habit̄ aut vsitat̄. Volumus etiam pro consideratione praedict' (vt supra 386. c.) praefat̄ A. & I. P. haeredibus & assignatis suis, quod nos, haeredes, & successores nostri imperpetuum annuatim, & de tempore in tempus acquietabimus, exonerabimus, & indempnes conseruabimus, tam eosdem A. & P. ac haeredes, & assignatos suos, quam praedict' dominium, manerium, mesuagia, [...]erras, tenementa, & caetera omnia & singula praemissa, & quamlibet inde parcell' cum pertinentijs vniuersis, contra nos, haeredes, & successores nostros, & versus omnem aliam personam & personas quascunque, de omnibus & omnimodis corrodijs, redit̄, feodis, annuitatibus, pensionibus, porcionibus, denariorum summis quibuscunque de praedictis dominio & manerio, mesuag', terris, & tenementis, & caeteris praemissis, aut de aliqua inde parcella quoquo modo exeunt̄ seu soluend', vel superinde onerat̄ seu onerand', preterquam de reditu & seruitijs superius nobis & haeredibus & successoribus nostris per praesentes reseruat̄: Ac praeterquam de omnibus & singulis reditibus, oneribus & denariorum summis quibuscunque, quas aliquis firmarius vel firmarij praemissorum, aut alicuius, inde parcell' tenetur, seu tenentur soluere, aut quoquomodo onerantur soluere, seu facere. Volumus enim & per praesentes firmiter [...]iungend' praecipimus, tam Cancellario [Page] &c. vt supra Sect' 386. verbatim d.) praefat̄ A. B. & I. P. ac haeredibus & assignatis suis facient, & de tempore in tempus fieri causabunt. Et hae literae nostrae &c. vt supra Sect 386. (*) Damus etiam pro consideratione praedict̄, ac ex certa scientia & mero motu nostris per praesētes concedimus praefat̄ A. B. & I. P. omnia & singula redit̄, reuersiones, & proficua quaecunque ad praedict̄ dominia, maneria, mesuag', terr̄, tenementa, ac caetera omnia & singula praemissa, ac quamlibet inde parcell' cum eorum pertinenti js vniuersis, a festo Michael' archangeli vltim̄ praeterit̄ hucusque prouenient̄ siue crescent̄. Habend' eisdem A. B. & I. P. ex dono nostro, absque compoto nostro, seu aliquo proinde nobis, haered', & successoribus nostris quoquomodo reddendo, soluend', vel faciend'. Volumus etiam pro consideratione praedict̄, ac ex certa scientia & mero motu nostris per praesentes concedimus praefatis A. B. & I. P. quod &c. vt supra 386. c. Eo quod &c. vt supra 357. [...]. c. Mutatis mutandis,

¶ A graunt of the incorporation of a Towne.

ELIZABETH &c. Archiepiscop̄ &c. vt infra Sect' 391. a. Sect. 390. salutem. Sciatis &c. (vt supra 327. a.) quantum in nobis est, dilectis nobis hominibus & inhabitantibus infra villam de R. in comitatu nostro de H. quod villa illa sit villa incorporata de vno Balliuo & inhabitantibus infra villam p̄dictam imperpetuum. Et quod Balliuus & inhabitantes infra eandē villam sint, & esse debeant vnum corpus incorporatū, & vna Communitas perpetua, iure & nomine, ac habile [...] & capaces in lege, habeant (que) successionem perpetuam. Et quod vna psona deinceps de inhabitantibus infra villā p̄dict' Balliuus villae praedict̄ ad regimen eiusdē villae fiat. Ac nos tenore praesentium W. H. nostrū fidelem seruientem, ac vnum inhabitant̄ infra villam p̄dict', ac assignatos suos ꝓ termino nonaginta annorum immediate & proximo comp lend', Balliuum ac Balliuos villae p̄dict̄ nominatos, appunctuamus, & ordinamꝰ, durante termino praedict'▪ Ac postea de Regiae nostrae potestatis plenitudine volumus, qd' v [...]a persona de inhabitantibus villae p̄dictae, ad regimen eiuldē villae pro vno anno integro singulis annis in festo S. Ioh. Bap. in balliuum villae praedict̄, per homines ac inhabitantes dictae villae eligat̄, ac ordinetur in perperuum. Et quod idem Balliuus & inhabitantes ꝑ nomen Balliui & inhabitant infra villā de R. placitare possunt, & implacitari, in omnibus Curij [...]nostris, & alijs locis q [...]ibuscunq [...]e, habeantque [Page] sigillum commune ad negotia villae praed' agend' tractand'. Et vlterius ex abundantiori gratia nostra concessimus & licētiam dedimus, ac per praesentes concedimus & licentiam damus pro nobis & haeredibus nostris praed', quod ijdē Balliuus & inhabitantes & successores sui imperpetuum habeant & teneant, ac habere & tenere possint vnum Mercatum singulis septimanis apud villam nostrā de R. p̄dict̄ quolibet die Sabat̄ annuatim tenend': Et vnam Feriam ibidem per vnum diem, viz. in festo Assumptionis beatae Mariae virginis singulis annis tenend' duraturum, cum curijs pedis puluerizat̄ ibidē tenend', durante eisdē Mercat̄ & Fe [...]ia, vna cum exitibus, proficuis, & amerciament̄ de hm̄odi mercatu, feria, & curijs prouenientibus, ac cum omnibus libertatibus, & liberis consuetudin [...]bus, proficuis, & emolumentis, ad hm̄odi mercatū & feriam pertinentibus siue spectantibus. Quare volumus & firmiter praecipimus pro nobis & haeredibus nostris p̄dict̄, quod ijdem Balliuus & inhabitantes infra villam de R. praed' imperpetuum habeant & teneant, ac habere & tenere possint praed' Mercatum & Feriam apud dictā villam nostram de R. praed' in forma praedict' tenendum, cum dicta curia pedis puluerizati, vna cum omnibus exitibus, proficuis & amerciamentis de huiusmodi mercatu, feria, & curijs proueniētibus, ac cum omnibus libertatibus, & liberis consuetudinibus, proficuis, & emolumentis ad huiusmodi mercat̄ & feriam pertinen̄ siue spectantibus imperpetuum, His testibus &c.

¶ A graunt of a Corporation by the King.

HEnricus dei gratia &c. Omnibus ad quos praesentes literae peruenerint Sect. 391. salut̄. Inspeximus cartam Domini R. nuper Regis Angliae, progenitoris nr̄i factam in haec verba. Richardus dei gratia Rex Angliae & Franciae, & dominus Hiberniae, Omnibus ad quos praesētes literae ꝑuenerint, salutem. Inspeximus cartam dn̄i R. quondam Regis Angl' progenitoris nostri in haec verba. Rich. dei gratia Rex Angl', Dux Norman̄, Aquit̄, Com̄ And' &c. (a) Archiepiscop̄, Episcopis, Abbatibus, Comitibus, Baronibꝰ, Iustic', Vicecomitibꝰ, Seneschall', Praepositis, & omnibus ministr̄ & fidelibus suis, salutē. Sciatis nos concessisse & praesēti Carta nostr̄ confirmasse Burgensibus nostris de D. socam suam de D. cum villa de D. Habend' & tenend' de nobis & haeredibꝰ nr̄is per antiquam firmam que nunc tēporis nobis reddebatur, & insu ꝑ viginti & quinque marcas argenticum antiqua [Page] firma reddend' nobis annuatim, vt inde nobis respondeant ad Scaccarium nr̄um. Pro hac autem concessione nr̄a ipsi nobis dederunt &c. Quare volumus & firmiter praecipimus, qd' ijdē Burgenses nr̄i de D. praed' socam suam cum villa de D. praed' modo habeant & teneant bene & in pace, libere & quiete, integre, plenarie, & honorifice, cum oībus libertatibus, & liberis consuetudinibus ad eam ꝑtin̄. Ita qd' nullus eos suꝑ his disturbet. Testibus his, H. Cantuar̄ Archiep̄o, R. Arch. Hereford', Will' de W. Osberto fil' H. Simone de P. Rich. Barre, & pluribus alijs. Dat̄ per manū Magistr̄ E. tunc agent̄ vices Cancell' xxij. die M. apud T. anno 5. regni nr̄i. Nos autē dictas concession̄ & confirmation̄ praed' ꝓgenitor̄ nr̄i, ac oīa & singula in carta sua praed' contēta rata habentes & grata, ea pro nobis & haered' nostris (quantū in nobis est) dilectis nobis nunc Burgēsibus p̄d' villae de D. & eor̄ success. imꝑpetuum tenore p̄sētium concedimꝰ & confirmamus (ꝓut carta praed' rationabiliter testat̄) & prout ijdē Burgenses & antecessores sui hm̄odi socam rationabilit̄ haber̄ & tenere consueuer̄. In cuius reitestim̄ has lr̄as nr̄as fieri fecimus patentes. Teste meip so apud West. 17. die D. ann̄ regni nostr' quinto. (b) Inspeximus etiam quandā cartam dn̄i E. nu ꝑ Reg. Ang. quarti ꝓgenitor̄ nostr' fact' in haec verba. Edw. dei gratia, Rex Ang. & Franc', & dn̄s Hibern̄ &c. (vt supra a.) Sciatis ex ꝑte dilector̄ nobis nunc Burgensium, tenētium, residētium, & inhabitantium villae de de D. in com̄ E. accepimus qualiter ipsi a tēpore non modico transacto nonnullas libertates & liberas consuetudines habuer̄, ac eis vsi & gauisi fuerunt, p̄fat̄ Burgēses, tenentes, residentes, & inhabitant̄, metuentes se de & in hm̄odi libertatibꝰ & liberis cōsuetudinibus ob defect' declarationis & expressationis earund', & alijs occasionibꝰ futur̄ tēpor̄ molestari, praegrauari, impediri, & ꝑturbari, nobis humillime supplicarunt quatenus libertates & liberas cōsuetudines p̄dict̄ sub verbis specialibus declaratis & expressatis eisdē Burgensibus, tenentibus, residentibus, & inhabitantibꝰ, & eor̄ baered' & successoribus in forma subsequēti concedere, & ipsos incorporare, et ꝑsonas habiles & capaces cum successione ꝑpetua facere dignaremur. Nos supplicationi suae in hac ꝑte fauorabilit̄ inclinati de gratia nr̄a speciali, ac ex certa scientia & mero motu nr̄is concessimus, & per p̄sentes concedimꝰ ꝓ nobis & haered' nr̄is, qd' dicta villa de D. liber burgus sit, & quod B [...]rgenses, tenentes, residentes, & inhabitantes eiusdē, & eorum haered' & success liberi Burgens. sint, & Gildā mercatoriam habeant, & eisd' libertat̄ et liberis cōsuetudinibus gaudeant & vtant̄ [Page] in eodem Burgo, prout ipsi & eorum praedecessor̄ ante haec tempora rationabilit̄ vsi sunt & gauisi. Et quod ipsi extunc sint in re & nomine vnum corpus & vna Communitas perpetua. Et quod eadem Communitas singul' annis in quodā loco certo infra Burgum praed', ad libitum suum eligere possunt de ipsis vnam idoneam ꝑsonam in Maior̄, & duas alias idoneas ꝑsonas in seruientes ad clauas eiusdem villae infra eandē villā commorant̄, ad regnand' & gubernand' Communit̄ praed' imꝑpetuum. Et quod' ijdē Maior & Communitas habeant successionē perpetuam & commune sigill' pro negotijs dictae Communitatis seruitur̄ imperpet̄. Et similiter ꝙ idē Maior & Communit̄ & success. sui, per nomen Maioris & Communitatis burgi de D. placitare, implacitari, ac respondere & responderi possunt cotam nobis vel haered' nr̄is, accoram quibuscun (que) Iustic' & Iudicibus nr̄is & haered' nr̄orū & alior̄ quorumcun (que) in quibuscun (que) curijs nr̄is vel haered' nr̄or̄, & in cur̄ alior̄ quorumcunque, in & de omnimod' actionibus, sectis, quaerelis, & demandis versus eos, vel ꝑ eos aliquo modo ꝓsequend' vel impetrandis. (c) Et quod ipsi imꝑpetuum habeāt & gaudeant oēs & singulas libertates & liberas consuetudines quibus ante haec tēpora Maior & Burgēses villae praed' vsi fuerunt & gauisi, seu quibuscun (que) alijs nominibus censeantur. Et si hm̄odi Maior infra annū post hm̄odi electionē sic fact' decesserit, aut ꝓ non sana gubernatione Burgi praed', aut ꝓ aliquo delicto, vel aliqua alia causa quacunque ab officio Maioratus depositus vel amotus fuerit, adtunc Cōmunitas Burgi p̄dict̄ & successores sui aliā idoneam ꝑsonam in Maiorem burgi p̄dict̄ loco hm̄di Maioris sic decedentis, depositi, vel amoti pro residuo anni illius ad eund' Burgum regend' & gubemand' infra quindecim dies ꝓxim̄ post huiusmodi decess. depositionem, siue amotionē eligere possint & creare: Et eisdē modo & forma fiat in omnibꝰ de seruientibus ad clauas im ꝑpetuū cum casus exigerit. Et vlterius de vberiori gratia nostra concessimus, & per praesentes concedimus ꝓ nobis & haeredibus nostris p̄fat̄ Maiori & Communitati, & eorū haered' & successoribus, quod ipsi, haered', & successor̄ sui habeant im ꝑpetuū cognition̄ omnimodor̄ placitor̄ de debito, transgr̄, conuention̄, & de omnimodis alijs causis & cōtractitibus quibuscun (que) infra eundē Burgum contingen̄ aut emergen̄, tenend' coram Maiore eiusdē Burgi qui pro tēpore fuerit in eodē, tam in p̄sentia nostra & haered' nr̄or̄, quam in absētia nr̄a & haered' nr̄orū imꝑpetuū. Et qd' oīa placita in Burgo p̄d' emergent̄ siue de tenuris suis siue de contractibus, conuētionibꝰ, tansgr̄, necnon de omnimod' [Page] debit̄ ac alijs causis & contractibꝰ quibuscunque seu vadimon̄ in eod Burgo factis seu accommodatis in Gilda aula in eodē Burgo coram Maiore eiusdem Burgi pro tempore existen̄ placitētur & teneantur imper [...]etuum. Et insuper concessimus, & per praesentes concedimus praef. Maiori & Communitat̄, haered' & success. suis, qnod ipsi, haered' & success. sui per seruientes suos praedict̄ ad clauas habeant potestatem & authoritatē attachiand' quoscun (que) viros & mulieres minus sufficiētes ꝑ corpora sua in quibuscun (que) placit̄ debitor̄, compotorum, transgressionū, conuētionū, detention̄ catall', & aliar̄ action̄ personaliū seu mixtarū quarumcun (que) infra Burgum praed' qualitercunque factor̄ siue emergētium, quae aliquo modo mota fuerint siue moueri contigerint corā Maiore Burgi praed' pro tempore existen̄. Praeterea de abundanti gratia nostra volumus, & per p̄sentes concedimus ꝓ nobis & haered' nr̄is, qd' quilibet B [...]rgens. burgi p̄d', qui extunc in Maiorē burgi illius eliget̄, & Maior ibidē extiterit vel fuerit ipso facto & quamcitius in Maiorē eiusd' burgi sic electus & praefect' fuer̄, sit extunc Coronator nr̄i & haered' nr̄orū in Burgo p̄d' durante tēpore quo officium Maioratus Burgi praed' occupauerit. Et quod idē Maior burgiillius & success. sui Maiores ibid' habeant in Burgo illo potestatem, iurisdictionē, authoritat̄ & libertatē faciend' & exercend' omnia & singula quae ad offic' Coronat̄ ibidē ꝑtinent faciend' & exequend', ꝓut caeteri Coronat̄ nostri & haered' nr̄orū infra regnū nr̄um Angl' habuerunt & habere contigerint in futur̄. Ita qd' nullo tēpore futur̄ aliquis Coronat̄ eiusd' regni nr̄i Angl', nisi Maior burgi p̄dict̄ pro tēpore existen̄ ad aliquod qd' ad officiū Coronat̄ in eodē burgo ꝑtinet faciend' seu exequend' ingrediatur, nec se de aliquo in eo [...]ē burgo color̄ offic' sui hm̄odi intromittat quoquo modo. Et quil bet hm̄odi Burgēsis in Maiorē burgi p̄d' exnunc eligend' immediate post hm̄odi election̄ de se factam, sacramētū suum tam de fe & pro officio Maioratus Burgi p̄dict̄ ꝓ vno anno integro, aut aliqua ꝑte ann̄ vt p̄mittitur eligen [...]', quam de & ꝓ officio Coronat̄ nr̄i burgi praed' bene & fideliter faciēd' infra Burgū praed' coram Communitate eiusdē burgi pro tēpore existen̄ presiat corporale. Ac eidē Communitati & successoribꝰ suis quod ipsi & success. sin sacramētū illud a p̄fat̄ Maiore & Coronatore de tēpore in tēpus cum casus exigerit recipe [...]e possint tenore p̄sentium licētiā dedimus specialem. Ita quod hm̄odi Maior pro tēpore existens, vt Maior burgi, aut [...]t Coronator noster eiusdē burgi ad sacr̄m Maioris vel Coronator burgi p̄d' praestand' alibi quam infra eūdē Burgum seu coram alijs quā coram [Page] communitate Burgi illius pro tempore existen̄ nullo modo teneatur seu compellatur. (d) Et vlterius de abundanti gratia nostra concessimus & per praesentes concedimus pro nobis & haered' nostris praefat̄ Maiori & communitati burgi praed' & successoribus suis quod idem Maior & successores sui imperpet [...]um habeāt retorna omnium breuium, mandator̄, prae ceptorum & b [...]llarum nostrorum & haered' nostrorum, necnon omnimod' summonition̄ de Scaccar̄ nr̄o & haered' nostrorum & aliorum extractuum quorumcunque exequend' infra Burgum praedict' tam ad sect' nostram & haered' nostrorum per nos vel haered' nostros solos, seu nos vel haered' nostros coniunctim cum alijs personis vel alia persona, quam ad sectam alterius cuiuscunque prosequendor̄ omnimodas executiones breuium mādator̄ praeceptor̄ billar̄ summonitionum & extractuum praedictor̄: Ita quod nullus vicecomes, Coronator, Eschaetor, Balliuus aut alius minister noster, vel haered' nostrorū Burgum prae dictum ingrediat̄ ad aliquod officium ibidem faciend' nisi in defectu ipsius Maior̄ vel successorū suorum. Et insuper &c. (vt supra verbae [...]imd.) & successores sui habeant & teneant imperpetuum vnam feriam apud dictum Burgum de D. singulis annis in vigilia & in festo & in crastino Annunciationis beatae Mariae virginis tenend' & per eosd' tres dies duratur̄ cum omnibus libert̄ & liberis consuetudinibus ad huiusmodi feriam pertin̄ nisi feria illa sit ad nocumentum vicinarum feriarum. Quare volumus & firmiter praecipimus pro nobis & haered' nostris praed' qd' praefat̄ Maior & Communitas & successores sui praedicti habeant & teneant feriam praedictam apud Burgum praedictum in forma praedicta cū omnibus libertatibus & liberis consuetudinibus ad hm̄odi feriam pertinen̄, nisi feria illa sit ad nocumentum vicinarum feriarū, sicut praedictum est. Et praeterea de gratia nostra speciali concessimus & per praesentes concedimus praefat̄ Maiori & Communitati & successoribꝰ suis quod idem Maior & successores sui sint Iusticiar̄ ad custod' pacis nostrae infra Burgum praedictum conseruand'. Et quod idem Maior & successores sui praedict' habeāt imperpetuum huiusmodi authoritatem & potestatem infra eundem Burgum ad pacem nostram & haered' nostrorum tantum conseruād' & non aliter prout caeteri Iustic' siue custod' pacis nr̄ae in hac parte in aliquo Comitat̄ regni nostri Angl' in eodem Com̄ habeant & habuerunt. Quare volumus & firmiter praecipimus pro nobis & haer̄ nostr̄ praedict' quod p̄fat̄ Maior & Communitas Burgi praed' ac eor̄ haeredes & successor̄ [Page] omnia & singula hm̄di libertat̄, consuetudines, Franchesias & priu [...] legia ac omnia alia praemissa prout superius express. est habeāt teneāt & exerceāt, ac eis & eor̄ singulis plene l [...]bere integ. pacific' & quiete imperpet̄ gaudeant & vtant̄ absque impetitione, impedimento, perturbatione, molestatione, vexatione, seu grauamine nostri vel haered' nostrorum praedict' aut aliquorum aliorum officiariorū seu ministr̄ nr̄um vel haered' nostror̄ aut alior̄ quorum cunque. Eo quod expressa mentio de vero valore annuo praemissorū seu aliquo alio valore eorundē aut alicuius inde parcellae, aut de alijs donis seu concessionibꝰ eisdem Maiori & Communitati & successoribus suis aut Maiori & Burgensibus dictae villae de D. & successoribꝰ suis aut aliquibus praedecessorum suorum & successoribus suis per nos vel per progenitor̄ seu prae decessores nr̄os ante haec tempora fact' in prae sentibus minime fact' exist it. Aut aliquo statut̄, actu, ordinat̄, seu prouisione in cō trarium fact' edit̄ ordinat̄ siue prouis. non obstant̄. His testibus &c. W. & alijs xxx. die O. anno regni nostri septimo. Inspeximus insuper quandam Cartam domini H. nuper regis Angl' Progenitoris nostri fact' in haec verba Henric' &c. (vt supra b) Omnibus ad quos p̄sent̄ literae peruenerint, salutem. Inspeximus literas patentes domini R. nuper Regis Angl' secundi post conquestum factas in haec verba. Richardus (vt supra b) Omnibus ad quos praesentes literae peruenerint, salutem, (e) Inspeximus cartam dn̄i R. quondam Reg. Angl' progenitoris n [...] ̄i in haec verba. Richardus (vt supra a.) salutem. Sciatis nos concessisse et praesenti carta nr̄a confirmasse &c. (vt supra verbatim a. donec venias ad literam b.) Inspeximus etiā quasdā alias literas patentes cuiusdam Petri de Manlay quondā domini de Mulgrene sigill' suo armorum sigillat̄ similiter factas in haec verba. Sachant toutz yceux que cestes letters verrent ou oyront, que ieo Piers de Manley le quint Seignior de Mulgreene, ay releas & quite claim̄ auribien as pouers come as riches de la Comminaltie de la v [...]lle de D. la mannoise custome leuie de mesme la ville deuant ceur heures ꝑ mes auncestors, la quel nous solaynes resceiuer de touts maners regrators de mesme la ville. s. Pestors, Bracoresors, Bochiers, Peschous, & Estewes, & de tout altre maner regraterie: Issint que ieo auan [...]dit Piers ne nul de mes heire [...] au cel custom au [...] ̄t [...]it nul claime ne mettrons. En tes [...]no ignance de quel chose a cest letter patent ay ieo mis mon seale. Don a D. Ieoued prochein apres le quinizen de S. Michael an du reigue le Roy Ed. tierce apres le conquest quint. [Page] (*) Nos autem Cartas & literas praedict', ac omnia & singula in eisdem con [...]enta rat̄ habentes & grat̄, ea pro nobis & haered' nostris (quantum in nobis est) acceptamus & approbamꝰ, & dilectis nobis nunc Maiori & Burgensibus & Commit̄ p̄dict' villae de D. & eorum successoribus tenore praesētium ratificamus & confirmauimus, ꝓut Cartae & literae p̄dict' rationabiliter testantur, & prout ijdē nunc Burgenfes franchesijs, libertatibus et quietantijs in literis p̄dict' contentis vti & gaudere debent, ipsi (que) & eorum antecessores f [...]anchesijs, libertatibus, & quietantijs hm̄di a tempore confectionis literarum p̄dictarū semper hactenus rationabiliter vti & gaudere consuerunt. In cuius rei testimon̄ has literas nostras fierifecimus patentes. Teste meipso apud West. 18. die M. anno regni nostri 23. Inspeximus praeterea quādam cartam dn̄i H. nu ꝑ Regis Angl' septimi patris nr̄i fact' in haec verba. Henticus (vt supra e.) Sciatis &c. (vt supra Sect' 327. a.) Maiori & Communitati villae nostrae de D. & eorū successoribus manerium, villam, dn̄ium, & socam de D. cum oībus villis, villatis, hamlettis, & mēbris suis quibuscun (que), ac omnia & singula messuag', terr̄, tenemēta, redditus, reuersiones & seruic', mariscos, aduocationes ecclesiar̄ Cantariarū & Capellarū possessiones & haereditamenta nr̄a quae cun (que) infra p̄dict' man̄ium, dn̄ium, villam, & socam de D. ac infra praed' alias villas, villatas, & membra existen̄, vna cum curijs, letis, vis. francipleg', aquis, molendinis, introitu & exitu aquarū ibm̄, ferijs, mercatis, tolnetis, picagijs, stallagijs, pōtagijs, passagijs, ac oībus & singulis proficuis, commoditatibꝰ, & emolumentis quibuscun (que) praed' manerio, dominio, villis, villatis, & caeteris p̄missis, aut eorū alicui qualitercun (que) ꝑtin̄ siue spectan̄, aut infra p̄cinctū eorundem vel eorū alicuius vbicunque existen̄, vel ad nos, haeredes et successores nostros qualitercūque ꝑtin̄ seu nuper pertin̄, prout nos ea omnia & singula p̄missa vel eorū aliquod habemus, seu nos, ꝓgenitores, aut praedecessores nostri aliquo tēpore praeterito hucusque habuimus, vel de iure habere debuissemus, Necnon oīa & singula exitus reuersiones, & proficua de p̄dict' Curijs, vis. francipleg', aquis, molēdinis, ferijs, mercatis, tolnetis, picagijs, stallagijs, pontagijs, passagijs, & caeteris praemissis, seu aliquo p̄missorū, quoquomodo prouenien̄ siue emergen̄. Habend' & tenend' praedict̄ maneriū, dominium, socam, villas, villatas, & caetera praemissa cum eorū membris & pertinent̄ vniuersis, a festo Paschae vltimo praeterito p̄fat̄ Maiori & Communitati, ac eorū successoribus de nobis & haeredibꝰ nostris ad feodi firmam imperpetuū: Reddend' inde pro omnibus & singulis [Page] in praesentia specificat̄ praef. nunc Maiori & Communitati concessis annuatim nobis, haered', & successoribus nr̄is septuaginta & quatuor libras tresdecim solidos vndecim denarios & obolum ad Scaccar̄ nostrū, ad festa S. Mich. Arch. & Pas. per aequales porciones soluend' absq [...]e compoto vel aliquo alio onere vel redditu sine aliquo alio inde nobis, hered', vel successoribꝰ nostris, ꝑ ipsos Maiorem & Communitat̄ aut successores suos quouismodo reddend', soluend', seu faciend'. Et vlterius nos de vbe [...]iori gratia nr̄a pro nobis, haered', & successoribꝰ nostris concessimus, & per p̄sentes concedimus praefat̄ Maiori & Communitati ac successor [...]bus suis, quod ijdem Maior & Communitas et successores sui in ꝑpetuū habeant & teneant bis in quolibet ann̄ singulis annis inperpetuum vnam Letam siue vis. francipleg' infra dicta manerium, dn̄ium, villas, villatas, & caetera p̄missa corā Seneschall' siue Recordatore Maioris & Cōmunitat̄ eiusdē villae pro tēpore existen̄, aut eius deputato siue deputati [...] sufficientibꝰ, secundum legē & consuetudinē regni nostri Angl' ibid' bis ꝑ annum tenend', et qd' habeant emend' assisae panis & seruiciae ac alior' victualium venalium quorumcun (que), Necnon correctionē & punitionem eorund' & cuiuslibet inde ꝑcell', ac totum & quicquid ꝙ ad letā vel vis. francipleg' ꝑtinet aut ꝑtinere debet aut poterit. Et etiam quod p̄dict̄ Maior & Communitas & successores sui habeant oīa exitus, & proficua perquisitiones, fines, penas, redemptiones, forisfacturas, & amerciamēta in oībus & singulis hm̄odi letis siue francipleg' forisfaciend' vel assidend': Necnon Wayf, Stray, Infangthef, & Outfangthef, infra man̄ium, dominium, socam, villas, villatas, & caetera praemissa & p̄cinct' eorund' & eorū cuiuslibet emergen̄ siue contingen̄. Et etiam bona & catall' oīum & singulor' felon̄ & felonum de se, ac bona fugitiuorū conuictorū & attinctorum, necnon bona & catalla vtlagatorum & damnatorum, & Wreccum matis (cum acciderit) ac bona & catalla quaecun (que) confiscat̄ infra manerium, dn̄ium, socam, villas, villatas, & caetera p̄missa, ac praecinct' eorundem & cuiuslibet eorundem inuent̄ seu inueniond' imperpetuum. Et vlterius (vt supra f.) & hac praefe [...]ti carta nostr' confirmauimus pro nobis, haered', & success. nr̄is p̄dict' praef. Maiori & Communitati & successoribus s [...]is quod ipsi & eor' successores habeant & teneant duo mercata & quicquid ad mercatum pertinet seu pertinero debet aut poterit infra praed' manerium, dominium, & villam de D. vel aliquam parcell' eorundem qualibet septimana Engulis [...]annis inꝑpetuum modo et forma sequen, videlicet ꝙ ipsi & s [...]ccessor' sui [...]abeant et teneant v [...]um [Page] mercatum dictorum duorum mercator̄ quolibet die Sabbati, & alter̄ mercat̄ eorundem duorum mercat̄ quolibet die Martis ibidem tenend' imperpetuum. Et insuꝑ quod ijdem Maior & Communitas & successores sui, habeant & teneant annuatim imꝑpetuum duas Ferias siue Nundinas infra praedict' manerium, dominiū, & villam de D. & praecinct' eorundem, vel eorum alicuius, et quicquid quod ad feriam siue nundinas pertinet, seu pertinere debet aut poterit: vnam videlicet feriam siue nundinas p̄dictarū duarum feriarum siue nundinarum, tenend' apud dictam villam de D. singulis annis ꝑ tres dies, videlicet, in vigilia & in die Sancti Iacobi Apostoli, & in crastino die immediate sequen̄ duratur̄: Alteram vero feriar' siue nundinarum p̄dict̄ duarum feriarum siue nundinarū, tenend' apud p̄dict' villam de D. annuatim imꝑpetuū, in vigilia & in die Annunciationis beatae Mariae virginis, & in crastin̄ die immediate sequen̄ similiter duratur̄, cum libertatibus, & liberis consuetudinibus, proficuis, reuencionibus, aduantagijs, commoditatibꝰ, et emolumentis ad hm̄odi mercatum, ferias, siue nundinas qūouismodo ꝑtin̄ siue spectan̄, Dum tamen feriae siue nundin̄ & mercat̄ illa non sunt ad nocumentū aliorum vicinorū mercat̄, siue aliarum vicinarum feriarū siue nundinarum. Quare volumus, concedimus, & firmiter praecipimꝰ ꝓ nobis, haered', et successoribus nostris ꝑ praesentes, quod p̄dict' Maior & Communitas & successores sui habeant & teneant Mercatum & Ferias siue Nundinas p̄dictas apud dictā villam de D. vt praedictum est singulis annis imperpetuum, cum omnibꝰ libertatibus & liberis consuetudinibus, necnon oībus & singulis proficuis, reuentionibus, aduantagijs, commoditatibus, & emolumentis ad huiusmodi Mercatum, Ferias, siue Nundinas, siue eorū aliquod quoquo modo pertinen̄ siue spectan̄, dum tamen mercatum, feriae, siue nundinae illae non sint ad nocumentū vicinorum mercat̄, feriarum, siue nundinarum. Et vlterius (vt supra f.) quantum in nobis est tenore p̄sentium, quod ijdem Maior, et Communitas, et successores sui, faciant, habeant, & constituant de tēpore in tempus imperpetuū ad eorū placitum, per literas suas patentes, sigillo suo communi sigillatas, vnam idoneam ꝑsonam esse Seneschall' siue Recordat̄ ip sorū Maioris & Cōmunitat̄, et successorum suor' p̄dict' manerij, dominij, et socae de D. ac cur̄, letar̄, visus francipleg' p̄dict̄, & caeterorū p̄missorum: Habend', exercend' & occupand' officium Seneschall' manerij, dn̄ij, & socae illorum, ac cur̄, let̄, & visus francipleg' praed' per se, vel per deputatum siue dcdeputatos suos suffici tes, ad terminū vitae vel annorū, seu ad voluntatem [Page] ipsorū Maioris & Communitat̄, & successorum suorū, prout eis melius videbitur expedire. Et quod praedict' Maior & Communitas, & successor' sui, habeant & teneant vnam Cur̄ qualibet septimana imꝑpetuū singulis septimanis, viz. quolibet die Iouis imperpetuum in Guildhalda praedict̄ villae de D. omnia & omnimod' placita, actiones, & quaerelas, tam reales quam psonales & mixtas, coram Maiore praedict' manerij, dominij socae de D. ac caeterorū p̄miss. pro tempore existen̄, ac coram Seneschall' siue Recordatore Maior̄ & Communitat̄ manerij, dn̄ij, & socae illorum, ac caeterorū p̄missorum, vel deputato siue deputatis suis sufficient̄, secundum legem & consuetudinē Regni nr̄i Angl', audiend' & terminand' ꝑ breue siue br̄ia nostra haered' vel successorū nostrorum quecun (que), siue quaerelam aut quascun (que) quaerelas, ac iurisdictionē & potestat cognoscend', audiend', & terminand', coram quocunque hm̄di Seneschall' siue Recordatore, seu eius deputato sufficiente, aut eius deputatis sufficientibus, omnes & omnimod' actiones, sectas, quaerelas, et demand reales, personales, et mixtas, tam de oībus et singulis terr̄ & ten̄tis infra p̄dict̄ maner̄, dominiū, villam, & socam de D. aut eorum membris cum pertin̄, ac p̄cinct' eorundem, vel alicuius eorum existen̄, quam de, & in omnibꝰ et omnimod' debitis, ad quamcūque summam aut quascun (que) summas se attingunt, ac de, et in oībꝰ transgressionibus, debitis, detentionibus, compotis, conuentionibus, deceptionibus, contractibus, causis, et demandis, ac materijs quibuscūque infra maner̄ siue dominiū, villam & Socam de D. ac caetera p̄miss. seu praecinct' eorundē, seu alicuius eorund' emergent̄ siue cōtingent̄. Et ꝙ Curia illa sit cur' de Recordo, quod (que) quilibet hm̄di Senesch. siue Recordator pro tēpore existen̄, et quilibet deputat̄ cuiuscun (que) hm̄di Seneschall' siue Recordatoris habeant plen̄ potestatē et aucthoritatem tenend', audiend', et terminand' placit̄ et q̄relas illa, secund' debitam legis formā, et procedend' ad iudiciū, in, & su ꝑ eisdē et facere inde executiones, prout legi nostr̄ concinit aut consueuit. Et quod idem Maior & Cōmunitas, et successor' sui constituant & hēant, ac constituere et habere possint, vnum aut duos seruiētes ad Clauam inf [...]a maneriū et dn̄ium, vill' et socā de D. praed', ac caetera p̄miss. ad attend' su ꝑ Maiorem villae p̄d' pro tempore existen̄: Et ad faciend' & exequend' summon̄, distriction̄, et attach. ac alia praecepta Cur̄ praed', tam ꝑ corpus quam aliter infra p̄d' dominiū, manerium, villā, et Socam de D. et caeter̄ praemiss. & praecinct' eorund', virtute warranti siue praecept̄, ac cuiuscun (que) processꝰ aucthoritate supradict', vel aliter infra p̄d' maner̄, [Page] dominium, villam, & Socam de D. & caetera praemissa, ac praecmct' eorundem, vel eorum alicuius, eis aut eorū alteri direct' siue dirigen' Concedimus insuper praef. Maiori & Communitati & Successor̄ suis, ad eorum vsum & opus propria per p̄sentes, omnia & singula exitꝰ, proficua, fines, amerciamenta, & alia emolumenta quaecunque in Curis praedict', siue ratione Cur̄ illius per quācunque causam contingen̄ absque compoto seu aliquo alio inde nobis, haered' vel successoribus nostris, reddend', soluend', seu faciend'. Concessimus etiam p̄s. Maiori & Communitati, ac successor̄ suis, quod Maior villae praedict' pro tempore existen̄, ac Seneschall' siue Recordat̄ eiusdem villae pro tempore existen̄, ac tres Aldermani eiusdem villae, per Maiorem & Seneschall', siue Recordatorem villae illius ad hoc clect', sint Iustic' & custodes pacis nr̄ae, haered' & successorum nostrorum infra praedict' manerium, dominium, villam, & socam de D. praed', ac caetera p̄missa ac praecinctum eorundē. Et quod ijdem Iustic', vel duo eorum, quorum praef. Seneschai' siue Recordator pro tempore existen̄, sem ꝑ sit vnus, plenariam habeāt potestat̄ & authoritatem ad pacem nostram haered' vel successorum nostror̄ conseruand'. Necnon omnia ordinationes & Statuta facta & fiend' pro bono pacis nr̄ae, haered' & successorum nostrorum, ac quieto regimine & gubernatione populi nostri, haered' & successor̄ nostror̄, in omnibus & singulis suis articulis, infra praed' manerium, dominium, villam, socam, de D. praed', & caetera p̄ missa, & praecincta eorundem, iuxta vim, formam, & effectum eorū dem statutorum & ordinationum custodiend' & custodiri faciend', & ad omnes illos quos contr̄ formam & ordinationē statutor̄ praed' venerint aut fecerint, secundū legem terrae puniri faciend'. Et omnes illos qui aliquibꝰ de populo nr̄o, vel haered' seu succes. nostror̄ de corpor̄ suis, vel de incend' dom̄ suar̄ minas fecer̄, ad sufficient̄ securitat̄ de pace & bono gestu suis, erga nos & populū nr̄m, haered' & succes. nr̄or̄ inueniēd' cor̄ eis venire, & si hm̄di securitat̄ inuenire recusauer̄, tūc eos in prison̄ nr̄am haered' vel succes. nr̄or̄ infra p̄d' vill' de D. quous (que) hm̄di securit̄ inuenerint, saluo custod' faciend'. Ac oēs materias, quaerel', defect', causas, & alia quaecun (que) infra dict' man̄, dn̄iū, vill', & socā de D. & p̄cinct' eorūd' imposter̄ ꝑpetrat̄ siue contingen̄, adeoplene & integr̄ inquirend', audiend' & terminand', ꝓut custod' pacis nr̄ae, haered' & successor̄ nostror̄, ad pacem in aliquo com̄ Angl' conseruand' assign̄, virtute ordinat̄ & statutor̄ p̄d', ac lr̄arum nr̄arum praedict' patenc' destitui aut destituend' terminare debent & solent seu debebunt, per Maiorem & seneschal' siue recordat̄ & h [...]iusmodi [Page] tres Aldermanos dict' villae de D. pro tempore existen̄, vel duos eorum, quor̄ dict' Seneschall' siue Recordatorem pro tempore existen̄ vnum esse volumus inquirant̄ & terminant̄ saecundum legem & consuetudinem Regni nostri Angl', & iuxtaformain ordinationum, & Statutorum praedict': Ita quod custodes pacis nostrae, haered' vel successorum nostrorum ad hui [...]smodi felonias, transgr̄ & malefacta in Com̄ praed' fact', perpetrat̄, fiend', siue ꝑpetrand', audiend' & terminand', assign̄ vel assignand' infra praed' manerium, dominium, villam & socam, seu caetera praemissa, aut p̄cinctum praed', ad aliquod quod ad custodes pacis nr̄ae, siue Iustic' hm̄odi ibid' pertinet faciend', non ingrediantur, nec se in aliquo intromittant. Sciatis insuper, quod nos de gratia (vt supra f.) p̄fat̄ Maiori & Communitati & successoribus suis p̄dict', quod omnia & singula breuia, praecepta, warrant̄, summ̄, attachiamenta & mandara per Maiorem, siue per Maiorem & Communitatem, aut ꝑ Seneschall' siue Recordatorem praedictor̄ manerij, dominij, ville, & Socae de D. aut eorum aliquem pro tempore existen̄, aut per deputat̄ Seneschall' siue Recordatoris manerij, villae, & Socae illor̄ ꝓ tempore existen̄ concedend', vel extra Cur̄, siue visus francipleg' p̄dict', ꝓ aliqua materia, re, vel causa quacunque emanantia seu ꝓsequend', aut per praefat̄ Custodes siue Iustic' pacis p̄dict' manerij, dominij, villae, & Socae de D. seu eor̄ aliquos vel aliquem concedend' vel extra aliquam Sessionem, coram eis siue eor̄ aliquibus, vel aliquo tenend' pro aliqua materia, re, vel causa quacunque emanantia ꝓsequend' vel dirigend', seruient̄ ad Clauas praedictorum manerij, dominij, ville, & Soce de D. ꝓ tempore existen̄, seu eorum alicui, iuxta iuris exigentiam dirigantur, & per eosdē seruientes ad clauas, seu eor̄ aliquem iuxta vim, formam, & effectum bre [...]ium, p̄ceptor̄, warrantor [...]m, & mandatorum debite exequant̄ & retornentur: Ita quod n [...]llus Vicecomes comit̄ nostri, haered' vel successorum nostrorum com̄ [...] borum, vel aliquis aliꝰ Officiarius seu Ministr̄ nostr̄, haered' vel successorum nostrorum, neque aliquis alius, nisi tantummodo seruient̄ ad clauas, aut eorū aliquis pro tempore existen̄ in neg. praedict' Maioris & Communitatis, & successorum suorū in nullo se intromittat, aut intromittant quoquo modo. Et quod omnia & singula huiusmodi breuia, praecepta, warranta, summ̄, attachiament̄, & mandata per huiusmodi seruientes ad clauas, seu eor̄ aliquem execut̄ seu retornat̄ eiusdem vigoris & effectus in lege existāt, ac si eadem breuia, praecepta, warranta, summ̄, attach, & mandata vicecomitibus nostris, haeredū vel successorum nostrorum praedict' Com̄ Ebor̄ pro tempore [Page] existen̄, aut alicui alij Officiorum seu Ministror' nostrorum, haeredum aut successorum nostrorum direct', ac per huiusmodi Vicecom̄, Officiar̄, seu Ministros, aut eorum aliquem execut̄ & retornat̄ fuissent. Concessimus etiam de vberiori gratia nostra eisdem Maiori & Communitati, ac successoribus suis, quod ipsi & successor̄ sui habeant retornum, ac plenum retornū omnium & singulorum bre [...]ium, praeceptorum, warrant̄, summ̄, attachiament̄, & mandatorum nostrorum, haered' & successorum nostrorum, ac summ̄, attach. & districtiones Scaccar [...]j nostri. haered' & successorum nostrorum, & executiones eorundem infra manerium, dominium, villam, & socam de D. & caetera praemissa, ac p̄ci [...]ctum eorundem, coram nobis aut haered' vel successoribꝰ nostris, vel aliquibus Iusticiar̄ nostris, haered' vel successor' nostrorum retornand', tam ad sectam nostr̄ haered' & successor̄, quam ad sectam alterius cmuscunque, siue aliquorum quorumcunque prosecut̄ vel prosequend' seu retornand': Ita quod nullus Vicecomes, aut alius Balliuus, seu Minister noster, haered' vel successorum nostrorū, maner̄, dominium, villam, & socam de D. p̄dict', & caetera praemissa, vel p̄cinct' p̄dict̄ aliquo modo ingrediatur ad huiusmodi breuia, praecepta, warranta, summ̄, attachiamenta, siue mandata, aut summ̄, attachiament̄, seu districtiones Scaccarij p̄dict̄, infra maner', dominium, villam, & socam illam, siue praecinctum praedict̄ faciend' siue exequend', nisi sit in defectu ipsorum Maioris & Communitatis, & successorum suorum. Et vlterius concedimus praefat̄ Maiori & Communitati, quod ipsi & successores sui habeāt Gaolam in loco competente, infra praecinctum dict' villae de D. pro quibuscunque personis, ꝓ quibuscunque felonijs, transgress. malefact', & alijs materijs in causis quibuscunque arrestand' siue attachiand', siue eidem Gaol' committend' ibidem secundum legem nostram, saluo & secur̄ imprisonand' & custodiend'. Eo quod &c. vt supra 357. Et volumus & concedimus per praesentes, quod omnia & singula praemista fiant & liberentur p̄fat̄ Maiori & Communitat̄ & successor̄ suis, sub magno sigillo nostro, absque fine vel feod', siue aliquo alio inde nobis, haered', vel successoribus nostris in Cancellar' nostra aut in hanaperio Cancell' nostrae, seu alibi quoquo modo faciend' vel soluend'. In cuius rei testimoni [...]m has literas fieri fecimus patentes. Teste meipso apud Westm̄ xiiij. die lan̄, anno regni nostri vicesimo. Nos autem &c. verbatim vt supra.

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¶ A speciall Liuerie and Ouster le maine.

ELizabeth &c. Sciatis &c. & licentiam dedimus, ac ꝑ p̄sc̄tes concedimus Sect. 392. & licentiam damus pro nobis, haered', & successor̄ nr̄is quantum in nobis est, dilecto & fidel' subdito nostro R. W. fratri & proxim̄ haered' M. W. armig' defuncti, (Qui quidem M. W. de nobis tenuit in capite die quo obijt, per seruitiū Militar̄) quocun (que) nomine, cognomine, siue additione nominis idē R. W. nominat̄ siue nuncupat̄. qd' idē R. W. incontinent̄ abs (que) alia ꝓbatione aetatis suae, & abs (que) aliqua alia liberatione seu ꝓsecutione haereditat̄ suae, vel alicuius inde parcell' extra manus nr̄as, haered' vel successor' nostror̄, secund' cursū Cancell' nr̄ae, vel secundū legem & cursū Cur̄ nostrae Wardor̄ & liberac', vel legē terrae nr̄ae Angl', seu aliquo alio modo prosequend' in oīa & singula dn̄ia, man̄ia, mesuag', terr̄, ten̄t̄, reuersiones, faeod' firm̄, villat̄, hamlet̄, annuitates, reddit̄, seruic', hundred', officia, prat̄, pasc', pastur̄, moras, mariscos, bruer̄, tolnet̄, customar̄, vis. franc' pleg', cur̄, eschaet̄, balliuas, libertat̄, franches. warren̄, viuar̄, stagna, molendina, feod' Milit̄, aduocationes, & patronat̄ Ecclesiar̄, vicariar̄, capellar̄, & nominationes ad easdē: Ac oīa & singula alia possessiones, reuentiones, & haereditament̄ quaecun (que), cum eorū iuribꝰ, membris, & pertin̄ vniuersis infra regnū nostr̄ Angl', Walliae, aut Marchias eorund', quae fuerint praed' M. W. & de quibus idē M. W. aut aliquis, vel aliqui antecessor̄ p̄d' R. W. cuius haeres ipse est, fuit, aut fuerunt possessionat̄, vel seisit̄ in dn̄ico suo vt de feod', aut in feod', qualitercun (que) talliat̄ in dn̄ico vel aliter, diebus quibꝰ se ꝑatim obierunt, aut die quo eorū aliquis obijt, vel de quibꝰ aliqua ꝑsona seisit̄ fuit, aut aliquae ꝑsonae seisit̄ fuer̄ cōiunctim vel se ꝑatim, ad vsū p̄d' M. W. seu aliquor̄ antecessor̄ p̄d' R. W. cuius vel quorum haeres ipse est, in dn̄ico suo vt de feodo, aut in feod', qualitercun (que) talliat̄ in dn̄ico, vel aliter ad vsum dict' M. W. aut aliquorum haered' suorū, vel ad vsum aliquorum talium antecessor̄, aut talis antecessoris & haered' taliū antecessorū, aut talis antecessoris diebus quibus se ꝑatim obierunt, aut die quo eorum aliquis obijt, Et que per, siue post mortē ipsiꝰ M. W. aut alicuius antecessoris, aut aliquorum antecessorum p̄d' R. W. cuius haeres ipse est aut aliquo alio modo ad manꝰ nr̄as deuenerunt, seu deuenire debuerūt, aut deberent, aut in manibꝰ nr̄is iam existunt, aut existere debēt vel debuerunt quae p̄f. R. W. in possessione, reuersion̄, vel in vsu discēdere, reuertere, remanere, ꝑtiner̄ seu spectar̄ debēt vel deberēt, licite & impune [Page] ingredi, intrare, & seisire possit. Ac ea oīa & sin̄gula praef. R. W. & haered' sui, prout ipse in eisdē post mortem praed' M. W. aut aliquorū antecessor̄ p̄dict' R. W. cuius vel quorum haeres ipse est haereditar̄ extitit in possessione, reuersione, aut in vsu, seisire, habere, tenere, possidere, & gaudere possit & valeat erga nos, haered', & success. nr̄os, abs (que) aliqua alia liberatione seu ꝓsecutione eorund' seu alicuiꝰ inde ꝑcell' extra manus nr̄as, secundum cursum Cancellar̄ nostrae p̄dict̄, aut legem terr' nostrae, seu aliquo alio modo per p̄dictas ꝑsonas, seu per earum aliquam prosequend' vel impetrand'. Nolentes quod p̄fatus R. W. nec haered' sui, nec p̄dictae quaecunque ꝑsonae, siue quaecunque ꝑsona, de aliquibus dominijs, manerijs, terr̄, tenementis, & caeteris praemissis, ad vsum (vt praemittitur) seisit̄ vel seisit̄, existen̄ vel existen̄, ratione ingressus siue occupationis & retentionis p̄dict̄ ꝑ ipsos, seu per eorum aliquem fact̄, aut habit̄, fiend' & habend', per nos, haered', seu successores, Iusticiar', Escaetor', Vicecom̄, Receptor̄, Balliuos, vel Ministros nostros, haered' vel successor' nostr̄ quous (que) molestent̄, inquietent̄, vexent̄, distringant̄ in aliquo, seu grauētur, nec eorū aliquis molestetur, inquietetur, vexetur, perturbetur, distring atur in aliquo, seu grauetur. Nec quod ijdē Iusticiar', Escaetor̄, Vicecomit̄, Receptor̄, Ball', & ministri nostri, haered' vel successorū nostr̄, nec eorum aliquis in p̄dicta dominia, maneria, terr', tenement̄, & caetera praemiss. cum pertin̄ siue aliquam inde parcell', pro nobis, seu nomine nostro se intromittant, vel eorum aliquis intromittat, Sed quod nos, haered', & successores nostri, quoad seisiend' & capiend' in manus nostras p̄dict̄ dominia, maneria, terras, tenement̄, & caeter̄ praemissa cum pertinen̄, siue aliquam inde parcell', ratione alicuius nostri tituli, clamei, vel interesse, quod vel qui nobis, haered', & successoribꝰ nostris p̄dict̄, per, siue post mortem dicti M. W. vel alicuius alterius antecessoris, siue aliquorum aliorum antecessor̄ p̄dict̄ R. W. cuius vel quorum ipse haeres est, aut alicuius alterius ꝑsonae, siue aliquar̄ aliarū personar̄, de aliquibꝰ dominijs, maner̄, terr̄, ten̄t̄ ad vsum supradict' seisit̄ vel seisit̄, nuper existen̄ vel existen̄, accidit, competit, seu euenit, aut accidere, competere, vel euenire poterit, sumus exclusi imperpetuum ꝑ praesētes. Et qd' idem R. W. & haered' sui, erga nos, haered', & successores nostros pro p̄missis, & qualibet inde parcell' quiet̄ & exonerat̄ existent, & eorū quilibet quiet̄ & exonerat̄ existet imperpetuum per praesentes. Et praeterea pro nobis, haered', & success. nostr's concedimus per praesentes praefato R. W. necnon p̄dictis quibuscunque alijs personis, & cuicunque alij personae de aliquibus [Page] dominijs, manerijs, terris, tenementis, & caeteris praemissis cum percinen̄, ad vsum superius recitat̄ seisit̄ nuper existen̄, vel existen̄, quod ipsi habeant, & quilibet eorum habeat de tempore in tempus, tot & talia breuia, mandat̄, ac warrant̄ nostr̄ sufficient̄ Iusticiar̄ nostris, Baronibus nostris de Scaccario nostro, Eschaetoribus, Vicecomitibus, Receptoribus, Balliuis, & Ministris quibuscunque, & eorū cuilibet dirigend' quot & qualia eis & eorum cuilibet pro exoneratione sua, versus nos, haered' & successor̄ nostros, in ea parte necessaria erunt & opportuna. * Et vlterius de b eriori gratia nostr̄ damus & concedimus p̄fat̄ R. W. necnon praedictis quibuscūque alijs personis, & cuicunque alij personae de diuersis manerijs, terris, ten̄tis, & caeteris praemissis cum ꝑtinen̄ ad vsus superius recitat̄ seisit̄ vel seisit̄ existen̄, quod huiusmodiingressus, seisina, possessio, perceptio, & occupatio, de, & in diuersis manerijs, terr̄, tenement̄, & caeteris praemissis cum pertinen̄, & qualibetinde ꝑcell' per dictū R. W. aut per praedictam quamcun (que) aliam personā, aut quascunque alias personas, de diuers. maner̄, terr̄, tenement̄, & caeteris p̄miss. siue aliqua inde parcell', authoritate harum concessionis & licentiae nostraru fact' & habit̄, fiend' & habend', sit eis & eorum cuilibet, & haered' suis, ac haered' eorum cuiuslibet, prout ipse in eisdē haereditabil' vt praefertur extitit, adeo bonae, validae, & efficaces, ac tanti vigoris & effectus in lege, ac si eadem dominia, maneria, terr̄, tenement̄, & caeter̄ praemiss. cum suis pertinen̄ & quaelibet inde ꝑcell' in manus nr̄as debito modo capt̄ & seisit̄ fuissent. Ac idem R. W. & quaecun (que) aliae personae, & quaecun (que) alia persona de aliquibus diuers. maner̄, terris, ten̄tis, ad vsum vt p̄mittitur, seisit̄ vel seisit̄, existen̄ vel existen̄ debitam liberationem eorundē dominiorū, maneriorū, terrarū, ten̄torum, & caeterorū praemissorum cum pertinen̄ extra manus nostras, secundū cursum Cancellar nostrae praed', & secundum legem terrae nostrae, rite & debit̄ prosecut̄ fuissent: Ac nobis de omni eo quod ad nos in ea parte pertinet, seu pertinere possit, debet, aut deberet, satisfact' fuissent & contentat̄ qua negligentia, omissione, misprision̄, errore, repugnātia, contrarie [...]at̄, aut aliquo alio defectu quocun (que) limitat̄ vel limitand', assignat̄ vel assignand' in aliquo non obstante: Homagio tamē & fidelitat̄ p̄d' R. W. nobis in hac ꝑte debit̄ seu debend' sēper nobis saluis & reseruat̄. Et vlterius (vt supra *) praef. R. W. oīa & singula exit̄, redd', ꝓficua, reuentiones, & emolument̄ quaecun (que) oīum & singulorū p̄dictorū dn̄iorum, maneriorū, terrarum, ten̄torū, & caeterorū praemiss. & c [...]uslibet inde parcell', cum oibus & singulis [Page] suis pertin̄, àtempore quo p̄dict' R. W. accre [...]it plenam aecatem suam viginti vnius annor̄ hucusque & extunc prouenien̄, exeun̄, emergen̄, siue crescen̄, & nobis qualitercun (que) debit̄siue spectan̄. Habend', leuand', recipiend', gaudend', & retinend', omnia & singula eadē exit̄, reddit̄, proficua, reuersiones, & emolumenta eidem R. W. executoribus & assignatis suis, de dono nostro, tam per manus suas proprias, quam per manus separalium, nuper nunc & imposterum eschaetor̄, feodar̄, superuisor̄, vicecom̄, receptor̄, ball', & aliorum occupat̄ quorumcunque eorund', siue alicuius inde parcell' pro tempore existent̄: Necnon aliorum officiariorum nr̄orum quorumcun (que) in separalibus Comit̄, in quibus dict' dominia, maneria, terr̄; tenement̄, & caetera p̄ missa cum pertinen̄ existunt, siue aliqua inde parcell' existit, absque compoto, responso, seu aliquo alio nobis, haered', & successoribus nostris pro praemissis, siue aliquo p̄missorum reddend', soluend', seu faciend', Et vlterius volumus & concedimus per praesentes, quod tam praefat̄ R. W. quam omnes nuꝑ nunc & imposterum Escheator̄, feodar̄, superuisor̄, vicecomit̄, receptor̄, ball', firmar̄, & occupator̄ de huiusmodireu [...]ntionibus, exit̄, reddit̄, & proficuis, seu aliquo praemissoram, a praedict' tempore quo p̄dictus R. W. accreuit plenam aetatem suam viginti vniusannor̄ hucusque & extūc ꝓuenien̄, exeun̄, emergesi, siue crescen̄, absque compoto, responso, seu aliquo alio nobis, haered', & successor̄ nostris inde reddend', soluend', seu faciend', erga nos, haered', & successores, & executores nostros quiet̄ & exonerat̄ existent, & eorum quilibet quiet̄ & exonerat̄ existet imperpetuum ꝑ praesentes. Et vltenus de vberiori gratia nostra, ac ex certa scientia & mero motu nostris, pro nobis, haered', & succestorībus nostris, perdonauimus remisimus, & relaxauimus, ac per praesentes perdonamus, remittimus, & relaxamus p̄ [...]at̄ R. W. omnes & omnimod' intrusiones & ingress, per dict' M. W. aut per p̄dict' R. W. cuius haeres ipse est, aut per aliquam aliam personam, siue aliquas alias personas ad eius vsum seisit̄, vel seisit̄, de, & in p̄dict' dominijs, manerijs, terr̄, tenement̄, & caeteris praemissis, seu aliqua inde ꝑcella, quae de nobis, vel de aliquo alio tenent̄ qualitercunque ante p̄sentem diem, habit̄, fact', aut ꝑpetrat̄: Necnon omnes & omnimod' ꝑquisit ones, alienationes, donationes, fines, compot̄, & forisfactur̄ de p̄dict' dominijs, manerijs, terr̄, tenement̄, & caeteris praemissis, cū omnibus & singulis suis pertinen̄, vel aliqua inde parcell', per dict' M. W. aut per p̄dict' R. W. aut per aliquem alium antecessor̄ eiusdem R. W. siue aliquas alias personas, ante mortem dicti M. W. sine licentia nostra habit̄, fact', aut perpetrat̄: Necnon omnes & omnimod' actiones, sectas, quaerelas, impetitiones, [Page] executiones, & demand' quaecunque, quas vel quae versus p̄ fat̄ R. W. vel aliquem antecessor̄ praef. R. W. siue aliquas alias person̄, de, & in praemissis, vel eorum aliquo habuimus, habemus, seu in futur̄ habere poterimus vllo modo. Prouiso semper quod hae literae nostrae patentes, nec aliquid in eisdem content̄, aliqualiter se extend' ad onerand' praef. R. W. vel aliquam aliam personam, siue aliquas alias ꝑsonas, aut p̄dict' dominia, maneria, terr̄, tenement̄, & caetera p̄missa, siue aliquam inde parcell', de, & pro aliquo debito, ratione alicuius recognitionis siue obligation̄ nobis, siue alicui progenitor̄ nr̄orum, siue alicui alij personae, ad vsum nostrum cognit̄ seu deliberat̄. Eo qd expressa mentio de &c.

Per billam Cur̄ Wardor̄ & liberac' &c.

¶ Bargaines and Sales.

¶ Bargaines and Sales and of the inrolment thereof.

VNto Grants and Contractes, s [...]cceede Bargaines and Sales, Sect. 393. which be of manors, lands, tenements, hereditaments, and other things, to transferre the propertie thereof from the bargainor to the bargainee for money: But no manors, lands, tenements, or other hereditamēts can passe, alter, or chāge from one to another, wherby any estate of inheritance or freehold is made, or taketh effect in any person or persons, or anv vse thereof is made, by reason onely of any bargaine & sale thereof, except the same be made by writing indented, sealed, and inrolled in one of the Courts of Record at Westminster, or within the same County or Counties where the tenemēts so bargained do lie, before the Custos Rotulorum, and two Iustices of the peace, & the Clerk of the peace of the same Countie or counties, or two of them at the least, wherof the Clerk of the peace to be one, and that within six Moneths after the date of such writings indented, 27. H. 8. cap. 16. And they are made as followeth.

¶ A Bargaine and sale of a Mesuage and landes &c.

THis Indenture made &c. Between I. B. W. B. and N. of the one Sect. 394. partie, and T. P. on the other partie, Witnesseth, that the said I. B. W. B. & N. for, & in consideration of one C. li. of lawfull English money to the said &c. haue bargained, sold, giuen, and granted, and by these presentes doe fully, clearely, and absolutely bargaine, sell, giue, and graunt vnto the same T. P. all, and all manner of those mesuages, lands, tenements, meadowes, pastures, feedings, and all other [Page] hereditaments whatsoeuer, being freehold or charterhold, set, lying, and being in the townes & fieldes of &c. or any of them in the county of N. which late were the mesuages, lands, &c. of R. W. in vse, possession, right, reuersion, or remainder. To haue and to hold the same mesuages, lands &c. with all & singuler the appurtenances &c. vnto the same T. P. his heires & assignes for euer, to the only vse & behoof of the said T. P. his heires & assignes for euer. And the said I. B. and W. B. and euery of them do couenant &c. that they the said I. B. and W. B. or one of them now bin, or is true and rightfull owner or owners &c. of all &c. before by these presents mentioned to be barga [...] ned & sold, and that the said premisses & euery parcel thereof, now be, and so shall continue cleerely discharged and exonerated, of, and from all other former bargaines &c. (As in couenants to be discharged with reasonable exceptions.) And the said R. C. I. B. &c. that they the said I. B. W. R. and the suruiuors of them, & the said N. and all and euery other person or persons, and their heires, now hauing, or which hereafter shall or may iustly claime to haue any right, title, estate, or inheritance, in, and to the afore bargained premisses, or any parcell therof, shal at all times within seuen yeres next after the date hereof, do, suffer, and knowledge &c. (As in couenants of further assurance.) And the said R. C. I. B. and W. B. &c. that they she said &c. or one of them, their heires, executors, &c. shall delyuer, or cause &c. to the said T. P. his heires &c. to the vse of the said T. P. his heires and assignes, before the feast of &c. (As in couenants to deliuer Euidences.) And the same R. I. and W. &c. that if it shall fortune A. B. &c. or any of them, which do or shall stand iointly and seuerally bounden with the said R. C. and I. B. to the said T. P. by one writing obligatorie, bearing date &c. in 150. poundes, indorced wyth condition for the performing, fulfilling, & keeping of the couenants, grants, articles, and agreements contayned in these &c. of the part of the said &c. their executors &c. to be performed and kept, or either of them to depart this present life, before any perfect, sufficient, & conuenient assurance be made from the said &c. or either of them, or any other person or persons that hereafter shal be the right heire or heires of the said H. B. or of the said I. and VV. that then the said R. C. I. B. and VV. B. or one of them, their heires &c. of them, shall within one quarter of a yere, next after the death of any of them, the said R. C. I. B. W. B. A. B. & S. F. cause the suruiuor or suruiuors of the said obligors, together with so many other good & sufficiēt persons, in the steed of such, & so many of y^• said obligors as shalbe then deceased, [Page] to become iointly & seuerally bounden by their writing obligatorie, as their deede sufficient in the law to the same T. P. his executors or assignes, in 150. poundes, of good and lawfull money &c. indorced with such like condition in effect, according to the true meaning hereof, as is contayned in the indorcement of the same former Obligation: so that the same T. P. his executors or assignes, will vpon the deliuerie of the same writing obligatorie, deliuer out the foresaid former Obligation to the same R. C. his executors or assignes to be cancelled. In witnesse &c.

¶ A Bargaine and sale of lands forfaited vpon a Mortgage.

THis Indenture &c. Witnesseth, That whereas one R. B. by his Sect. 395. deede indented, Dated &c. did giue &c. vnto the said W. W. his heires and assignes, to the vse of the same W. W. his heires and assignes, (rehearsing the landes:) vpon this condition, That if the said R. B. should pay, or cause to be paied to the said W. W. or his certaine Atturney, executors, or assignes, the summe &c. in maner and forme following: That is to say &c. at the feast &c. in full payment &c. and also vpon other conditions in the said deed indented, specified, & mencioned: Which said conditions for the payment of the said &c. the said R. B. hath broken and not performed, by reason whereof the said W. W. is presently seised of the said premisses with the appurtenances to him & his heires, without any maner of condition for euer. Wherefore the said W. W. for the summe &c. doth by these present Indentures plainly and fully bargaine and sell vnto the said T. H. his heires and assignes for euer, the landes before Morgaged &c. (All such couenants to be put in this Indenture, as in the Indenture of bargaines and sales before in this booke, for actes done by the vendee onely.) And ouer this the said W. W. for him, his heires &c. doth couenant &c. by these presents, that neither he the said W. W. or any other for him, or by his commandemēt or agreement, hath receyued of the said R. B. or of any other person or persons, the abouesaid summe of &c. at the dayes and times before remembred or appointed for the payment thereof, nor at any time or times after the same daies: Nor that the said R. B. or any other for him hath paied, or offered to pay the said summe &c. at the daies & times aforesaid, or at any time or times after the same day of payment. And ouer this also, that he the said W. W. his heires, executors, or assignes, hath not made, nor hereafter shall make vnto the said R. B. his heires or [Page] assignes, or any of them, any acquitance, release, or discharge of the said summe of &c. or any parcell thereof, or of any condition or conditions specified in the said deede indented. In witnesse &c.

¶ A bargaine and sale of a Mannor.

THis Indenture made &c. Betweene the High & mightie Prince Sect. 396. H. Duke of S. Marques Dorset, Lord &c. of the one partie, and A. F. &c. Witnesseth, that the said D. for, and in consideration aswell of the summe of &c. to him by the said A. F. at thensealing of these present Indentures, well and truely satisfied, contented and paied &c. & also for the summe of &c. to him the said D. to be paied, in maner and forme hereafter in this present Indentures declared, hath giuen, graunted, bargained, and sold, and by these presents &c. to the said A. F. all that his Manor of H. with the appurtenances in the said countie of S. and also his mesuage, grange, cottages, milles &c. landes, tenements, meadowes, leasures, pastures, parkes, commons, wast grounds, firres, heathes, marshes, woodes, vnderwoodes, waters, waies, fishings, rents, reuersions, seruices, courts, profits of Courts, leetes, viewes of frankpledge, and al that to his view of frankpledge doth appertaine, goods and cattels weiued and straied, goods and cattels of felons, and fugitiue persons, fees, wards, mariages, escheats, reliefes, heriots, fines, amerciaments, liberties, priuiledges, and all other profits, commodities, emoluments, and hereditaments whatsoeuer in H. aforesaid, and else where, within the Countie of S. aforesaid, to the said Manor belonging, or in any wise appertaining, or accepted, reputed, or taken as part, member, or parcell of the same manor, in as large and ample maner and forme, as the same D. hath the same. And also thaduowson, gift, free disposition, and right of patronage of the Rectorie & Church of the manor of H. aforesaid. And also all maner deedes &c. As in sale of writings, with couenant to deliuer them, infra 399. * To haue and to hold the said manors, mesuages, &c. And the said D. &c. that hee the same D. his heires and assignes, on this side, or before the feast of &c. shall make, or cause to be made &c. As in couenants of assurance. And that hee the same D. and his heires, aswell as the said A. F. and his heires and assignes &c. all the said mannors, landes, tenements, and other the premisses, and euery part or parcell thereof, shalbe cleerely exonerated &c. As in couenants of discharging, rents, seruices, and customes, from thence forth to be paied, or going o [...]or from the said manors, landes, tenements, or other the premisses, to the Queene our Soueraigne Ladie, [Page] or to any other person or persons, and all leases, graunts, for terme of yeares, and life, for liues, or by copie of Court Roll of the saide manors, and other the premisses, or any part or parcel thereof heretofore made, whereupon the auncient and accustomed rents or more bin reserued yearely, onely excepted. And the same D. &c. that the saide manors, lands, tenements, and other the premisses bin at the daye of thensealing of these present Indentures, of the cleere yerely value of xx. pound, ouer and aboue all yerely charges & reprises, and so the said yerely rent shall and may stand and continue without fraud or couin.

In consideration of the which bargaine and sale, and other couenants, grants, articles, and agreements made on the part and behalfe of the said D. well and truely to be obserued, performed, fulfilled and kept, according to the intent, purport, & true meaning of these present Indentures. The said A. F. couenanteth &c. that he the said A. F. his heires and assignes, at, or before the feast of &c. next comming after the date of these presents, at the mansion house of the saide D. commonly called S. in the parish of Saint M. in the fielde, in the Countie of &c. between the howers of nine and xi. of the clocke of the forenoone of the same day, shall content & pay, or cause to be contented and paied to the said D. the summe of &c. for the purchase, cleere bargaine & sale of the same manor, lands, &c. and other the premisses. In witnesse &c.

¶ A bargaine and sale of Annuities.

THis Indenture &c. Witnesseth, that the said W. for him his heirs Sect. 397. and executors, hath bargained & sold &c. the yearely rent or Annuitie of fiue poundes &c. going out of the manors of W. and C. And also the said W. bargaineth and selleth &c. one other annual or yerely rent or annuitie of tenne poundes also, yerely going out of &c. and all his right, title, and interest, in, and to the said seuerall annuities, and to either of them. To haue, holde, enioy, leuie, take, and receiue the said seuerall Annuities and yearely rents of fiue poundes, and ten pounds to the said R. &c. at the feastes of &c. And furthermore the said W. couenanteth &c. that he the said W. and his heires, before the feast of &c. shall make a good, sure and sufficient estate, and lawfull graunt in fee simple to the said R. and to his heires and assignes, of, and in the said seuerall annuities or yerely rents of &c. discharged &c. And furthermore the said W. couenanteth &c. with couenants that the vendor may lawfully distrai [...] for the rent, and that hee is seised &c. In witnesse &c.

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¶ A sale of a Reuersion.

THis Indenture &c. Between &c. Witnesseth, that the said R. the Sect. 398. day of the making hereof, hath bargained &c. vnto the said B. & vnto his heires for euer, all the reuersiō when it shal happen to come and fall, incontinently by and after the death of I. G. grandmother to the said R. of, and in all those lands, &c. and all his right, claime, title, vse, possession, and interest, of, and in the same, who is tenant therof for terme of her life. In witnesse &c.

¶ A bargaine and sale of a Reuersion.

THis Indenture made &c. Betweene R. B. of N. in the County of Sect. 399. S. gentleman, & K. his wife of thone partie, and T. S. of G. in the Countie of S. Clothier on the other partie, Witnesseth, that the said R. B. & K. his wife, for the summe of &c. to them by the said T. S. well & truely contented and paied at thensealing hereof, whereof and wherewith the said R. B. and K. his wife acknowledgeth themselues wel & truely to be contented & paied thereof, and of euery part and parcel therof doth cleerely acquite & discharge the said T. R. his heires & executors by these presents, haue bargained and sold, and by these present Indentures do bargaine and sell cl [...]erely vnto the said T. S. his heires & assignes, the Reuersion of al those their lands and tenements with thappurtenances in G. aforesaid, called and knowen by the name of &c. there unto belonging or appertayning, or with the same of late vsed, or to ferme letten, be it more or lesse, late in the tenure & occupation of T. C. and E. his wife, mother to the said K. as in the right of the said K. during her naturall life, or of their assignes, & now in the tenure of T. S. for terme of yeeres yet induring of the lease and demise of the said T. C. and E. * Together with all such deedes, charters, euidences, escripts, writings, and muniments, concerning the premisses onely, or any part or parcell therof, as now be in the possession, custodie, and keeping of the said R. or in the custodie or keeping of anie other person or persons to his vse, or by his deliuerie, and which hee may come by without any suite in the law.

And the same deedes, charters, euidences, escriptes, writinges and muniments, the said R. B. and K. his wife, couenanteth and graunteth by these presents, to and with the said T. and his heires, to deliuer, or cause to bee deliuered to the said T. S. his heires, executours, administratours, or assignes, before the feast of All [Page] Saints next comming after the date hereof. To haue and to hold the reuersion of &c. with their appurtenances to the said T. S. his heires and assignes, to his and their owne vse for euer, for, or according to such rate and yeerely value, as the ouerplus of the said lands so exchanged by the said R. H. with the said T. S. shall come and amount vnto, ouer and aboue the yeerely value of the said manor, and other the premisses exchanged by the said T. S. with the said R. H. according to the rate and extent of twentie yeeres purchase. Prouided alwaies, and it is couenanted & agreed between the said parties T. S and R. H. by these presents, that the said lands, tenements, and other the premisses, shall be reasonably and indifferently rated, extended, and valued: And that after such extent, rate, and value of the premisses so had & made, the said T. S. his heires, executors, or administrators, shal content and pay to the said R. H. his executors or assignes, within the space of twelue Monethes next after notice giuen to the said T. S. his heires or executors, all such summes of money, as the said ouerplus shalbe valued and rated to amount vnto, in forme aforesaid, according to xx. yeeres purchase. And furthermore, it is conenanted &c. that either of the said parties to these presents, and the heires of either of them, shall at all time and times hereafter, during the space of three yeres next insuing the date hereof, do and suffer to be done, al and euery such reasonable act or acts, thone of them to the other, as shalbe reasonably deuised or aduised by either of y^• said parties, the heires or assignes of either of them, or the learned counsell of either of them, for more better assurance and sure making of the said manors &c. and all other the premisses with their appurtenances, exchanged betweene the said parties by these presents, according to the true intent and meaning hereof, be it by fine, feoffernent, recouerie, deede or deedes inrolled, release, confirmation, or otherwise with warrantie, onely of the said parties and their heires, against them selues and their heires. In witnesse &c.

¶ A Bargaine and sale of the Patronage of a Benefice.

THis Indenture made &c. in the yere of &c. Betweene H. D. on the Sect. 400. one partie, & H. S. on the other partie, Witnesseth, that the said H. D. for certaine considerations, and also for the summe of &c. hath bargained and sold, and by these presents doth cleerely and fully bargaine and sell vnto the said H. S. all that the Aduowson, Patronage, right of patronage, gift, nomination, presentation, and free disposition, of, and vnto the parish Church of T. in the Countie of C. [Page] together with all and all maner of euidences, deedes, writinges, and muniments, cōcerning the said Aduowson & patronage of the church aforesaid. To haue and to hold the foresaid Aduowson, and all other the premisses with thappurtenances vnto the said H. S. his heires & assignes, to the onely vse and behoofe of the said H. S. his heires and assignes for euer. In witnesse &c.

¶ A bargaine and sale of Copyholdlands.

THis Indenture &c. Betweene M. R. widow, late the wife of T. Sect. 401. R. while he liued Citizen and Tauerner on thone party, and R. B. Serieant at the law on the other party, Witnesseth, that the said M. and T. haue bargained &c. to R. B. all the mesuages &c. whether they be freehold or copihold, or whatsoeuer tenure they be of. And the said M. and T. &c. that they shall make the said R. and his heires or him and other persons and their heires at the nomination of the said R. or his heirs, sure of the said mesuage &c. before the feast of &c. next comming, by surrender thereof into the Lords hands, to the vse of the said R. and his heires, to thuse of him and other persons by him to be named, & to their heires, or otherwise, at the expences, costs and charges in the law of the said M. and T. or one of them, their executors or assignes. And also at the like expences aswell for the Lords fine, as for other things, shall cause the Lord of the manor for the time being, of whom the said mesuage, and al other the premisses bee holden, to make a sure graunt, seisin, possession, and deliuerie, of and in all and singuler the same to the said R. and his heires, or to him and other persons at his nomination, and to their heires, according to the laudable vse and custome of the same [...]nauor heretofore vsed. And furthermore the said M. couenaunteth and graunteth, that if the said R. or such persons at his nomination, which shall haue the said mesuages &c. and other the premisses, without couin or collus [...]on be lawfully euicted, dispossessed, or disseised of the said mesuage &c. before the feast of Easter next cōming: That then the said R. and his heyres shall within the space of three Moneths next after any such euiction, dispossession, or disseisin, haue as much landes and tenementes of the foresaid M. and T. which they or either of them haue had in their possession, reuersion, or vse, at the election and pleasure of the said R. as shal amount to and be of the cleere yeerely value of the said mesuage &c. or of as much part thereof, as the foresaid R. shalbe so lawfully euicted and disseised of, or that shall not be assured to the said R. before the feast of Easter aboue rehearsed. To haue [Page] and to hold &c. And also the said M. bargaineth and selleth to the said R. all maner of stuffe, goods, habillements, and implements to them and either of them pertaining and belonging, being in the same mesuage, garden, houses, &c. at the day of sealing of these presents. And the said M. and T. both graunt, that they shall discharge &c. the yeerely rent of &c. And that the said R. shall haue and take the profits, from the feast of Saint Michaell last past &c. For whichsale and bargaine of all and singuler the premisses, on the part of the said M. and T. to be obserued, performed, and done, the said R. hath contented and paied &c. In witnesse &c.

¶ A sale of a Wardship.

THis Indenture &c. Witnesseth, that where our Soueraigne Lady Sect. 402. the Queenes Maiestie that now is, of her special grace, certaine knowledge, and meere motion, by her highnesse letters Patents sealed with the great Seale of England, bearing date &c. did giue &c. to the said H. S. by the name of her highnesse faithfull and welbeloued seruant H. S. Esquire, the custodie of the bodie and mariage of H. K. her highnesse Ward, sonne & heire to H. who at the day of his death did hold certaine lands and tenements in B. of N. of I. C. our Soueraigne Ladie the Queenes highnesse Ward, as of his manor of K. in the said County &c. now being in the Queens Maiesties hands, by reasō of the minority of the said I. C. by the third part of one knights fee. To haue, possesse, and inioy the custodie of the bodie and mariage of H. K. vntil such time as the said S. his heires or assignes shal haue, had, or taken the effect of the said mariage of the said H. K. as by the letters Patents more plainly appeareth. The said H. S. now by these present Indentures for the summe of &c. of good and lawful &c. to him by the said E. K. paied & truely contented &c. doth plainly and fully bargaine, sell, giue, and graunt vnto the said E. K. his executors or assignes, the custodie and wardship of the bodie & mariage, without disparagement of the said H. K. and also the Letters patents aforesaid. To haue, inioy, and possesse the same custodie and Wardship of the body & mariage of the said H. K. without disparagement to the said E. K. his executors & assignes, vntill such time as the said E. K. his executors, administrators, and assignes, shall take or haue the effect of the mariage of the said H. K. in as ample and large maner and forme, as the said H. S. the custodie, Wardship, or mariage hath by the said Letters patents, or otherwise. And the said E. K. doth couenāt &c. that he the said H. S. &c. or such other person or persons, [Page] as the said H. S. by his last wil and testament, or otherwise, shal thereunto name or appoint, shall and may haue the custodie, possession, and education of the same H. K. during the minoritie of the said H. K. without any let, impediment, or disturbance of the said E. &c. or any of them. And that he the said H. K. his heires and assignes, shal quietly and peaceably haue, and for euer inioy all lands, tenements, and hereditaments that to them doth belong, without any let, impediment, or interruption of the said E. his executors, administrators, or assignes, or any of them, for, or by reason of any value of mariage, or forfaiture of mariage &c. In witnesse &c.

¶ Of a bargaine of Wheate.

THis Indenture made betweene A. B. &c. and C. D. &c. witnesseth, Sect. 403. that the said A. B. hath bargained & solde, and by these presents bargaineth and selleth vnto the said C. D. xx. Quarters of Wheate, and xx. quarters of Rye, good wheat and Rye, cleane and marchantable with the best, accompting viii. bushels with the heape to euerie Quarter. All which twentie quarters of wheat, & xx. quarters of rye, the said A. B. doth couenant &c. that he, his executors or assignes, at his or their owne cost and charge, shall deliuer, or cause to be deliuered to the said C. D. his executors or assignes, franke and free, at the dwelling house of the said C. D. at L. aforesaid, before the feast of &c.

For the bargaine and sale of all which xx. quarters of Wheat, and xx. quarters of Rye, and for the deliuerie thereof in maner and forme aforesaid, the said C. D. couenanteth &c. to pay or cause to be paied to the said A. B. his executors or assignes, for euery quarter of the saide wheat, eight shillings &c. and for euery quarter of the said Rye, v [...]. s. &c. in manner and forme following: that is to say, &c. In witnesse whereof &c.

¶ A sale of Tymber.

THis Indenture made &c. Witnesseth, that the said I. B. for a certaine Sect. 404. summe of money to him in hand paied by the saide R. S. whereof the said I. B. knowledgeth him selfe &c. hath bargained and sold, and by these presents for him, his heires, executors, and assignes for euer, fortie Okes, as they stand now and grow in a certain wood called by the name of B. within the parish of D. in the said Countie of S. and the same fortie Okes and euery of them are before the insealing and deliuerie of these present Indentures, signed & marked by the full assent and agreement of the said parties. To haue and [Page] inioy the said fortie Okes so signed and marked, withall commodities belonging to the same, vnto the said R. his executors & assignes, from the day of the date &c. as well he the said R. his executors and assignes and seruants, to haue free liberty of accesse, recesse, course, and recourse, at all times at their will and pleasure, to and from the saide wood called B. without any let, deniall, or interruption of the said I. B. his heires or assignes, as also to hew, square, saw, and barke the same Okes, or any of them. And also to vse any deuise with horse, carts, and waynes, and all other deuises for the carrying away of the same fortie Okes, and euery of them. And also that the said K. S. his executors and assignes, to haue free libertie vntil the feast &c. to digg pits, called saw pits, within the said wood called B. where hee thinketh best, so that the same pits bee filled vp againe by him the said B. his executors or assignes, within six weekes after the carrying away of the said wood & trees. And that he the said R. S. his executors or assignes, shall fence and amend the hedges and fences, in, and about the premisses, in all such places as shalbe broken, trodden downe, or otherwise wasted by occasion of the premisses, at his or their charges on this side &c. taking sufficient hedgebote vpon the same groundes for the doing of the same. Prouided alwaies, that the said R. S. his executors, assignes, or seruants, shal at no time hereafter lawfully do any hurt or damage, either of the grasse or corne, other then for the necessarie cutting, sawing, and carrying of the said wood and trees. In witnesse &c.

¶ A sale of Wood.

THis Indenture &c. Witnesseth, that the said A. B. the day of the Sect. 405. making hereof, hath bargained & sold, & by these present Indentures doth clerely bargain and sel vnto the said E. al those his woods and vnderwoods, now standing & growing, in and vpon his groues or hedgegroues called M. in the parish of N. in the County of Essex.

And the said G. doth couenant & grant by this Indenture, that he, his executors or assignes shal leaue standing, in, and vpon the foresaid lands called M. competent and sufficient stathels & storers, according to the custome in the same Countrey heretofore vsed. And also the said E. doth couenant and grant by this Indenture, that he, his executors or assignes, at their owne costes and charges, all hedges and defences belonging to the said groues and hedgegroues, well and sufficiently shall amend, restore, and repaire, when and as often as neede shall require, from the day of the felling of the said woods, to the end and terme of &c. then next insuing, for the safegard of the [Page] springs growing vpon the same. And the said E. doth further couenant & graunt by these presents, that he, his executors or assignes shal not fell any of the said wood or vnderwoods, but in due and seasonable times of felling: that is to say, yeerely betweene the feasts of S. Michaell tharchangell, and the Annunciation of our blessed Lady the Virgin, from the feast of S. Mich. the archangell next comming after the date hereof, to the end and terme of &c. from thence next insuing, fully to be complete and ended. And the foresaid A. B. for his part doth couenant and grant by this Indenture, that the said C. his executors and assignes, shall haue free ingresse and regresse, to, and from the said woods and vnderwoods, with horse, cart, and carriage, at all times according to his pleasure for the felling, hewing, cutting downe, and carrying away the foresaid vnderwoods, in maner and forme afore declared, during all the foresaid terme, without let or interruption of any person or persons. For the sale and bargaine of all which woods and vnderwoods, the said E. doth couenant & grant by these presents, to pay, or &c. of which &c. the said A. B. knowledgeth himselfe well & truely satisfied & paied, and thereof, and of euery parcell of the same cleerely doth acquite and discharge the said I. his heires and executors by these presents. In witnesse &c.

¶ A Bargaine and sale of Woodes.

THis Indenture &c. Witnesseth, That the said R. hath bargained Sect. 406. and sold &c. all those his woods & vnderwoods, called & knowen by the name of &c. except the lands and soyle of the same woods & vnderwoods, and also waiuers called standers of &c. onely excepted and reserued to the said R. & to his heires, executors, and assignes. And the said T. couenanteth, that he the said T. shall fell and carrie away all the said woods and vnderwoods (except before excepted) within two yeres next insuing the date of these presents, at meete & seasonable times in the yeere, so that the spring of the same woods may come & grow againe in due course. And the same T. couenanteth &c. (vt supra 405. c.) And further the said T. couenanteth &c. that he the said T. shal acquite, discharge, & saue harmeles the said R. his executors & assignes, against all men, of and for the payment of any maner of tythe which shall happen hereafter, or rise to be due or demanded, of, and sold, as is aforesaid. Prouided alwaies, and it is further couenanted &c. that if it happen the said T. hereafter lawfully to be interrupted &c. by any person or persons pretēding any lawful title to the [Page] premisses, within one yere next insuing the date of these presents, so that he cannot or may not lawfully take, sell, and carrie away the said wood, according to the true meaning of these presens, and of the couenants comprised within the same: That then the said R. or his executors shall allow and pay vnto the said T. his executors or assignes, the value of the said woods that shall happen to be lawfully taken away from the said T. after the reasonable rate and value of the said woods that so shall happen to be lawfully taken away from the said T. his executors or assignes, contrarie to the true meaning of these presents &c.

Defeasances.

¶ A Defeasance of a Rent by obtayning estate in lands.

THis Indenture &c. Betweene M. W. & I. H. Witnesseth, that Sect. 407. where the said I. H. in fulfilling and performing of part of certaine couenants, specified and declared in a paire of Indentures made betweene the said I. H. on the one partie, and the said M. W. of the other party, by his deed bearing date &c. hath giuen and graunted to the said M. W. an annuall and yerely rent of &c. To haue and to hold the said annuall or yerely rent of &c. to the said M. W. his heires & assignes, for, and during the life of E. M. (with a sufficient clause of distresse comprised in the said graunt for nonpayment of the said yerely rent of &c.) Neuerthelesse, it is now fully couenanted, graunted, and agreed betwixt the said parties in maner & forme following: that is to say, The said M. W. couenāteth &c. that if the said I. H. at any time hereafter do obtaine and get the estate and interest of the said E. M. which he hath in and to the said manor &c. and therof do make one sufficient estate to the said M. during the life of the said E. that then the said grant of the said annuall rent of &c. shall from thenceforth cease, be determined, & vtterly void end of none effect: any thing in the said former Indentures mentioned, or in the said grant of annuitie contained to the contrarie in any wise notwithstanding. And further the said M. W. couenanteth &c. that if it happen the said M. W. his heires, executors, administrators or assignes, or any of them to make default in payment of the said summe of &c. mentioned in the said former. Indētures, or of any part thereof, and do not make true payment thereof at such daies & times, as are mentioned in the said former Indentures: That then it shall [Page] be lawfull to the said I. H. his heires or assignes, to retaine the saide annuall or yerely rent of &c. in his or their proper hands. And the said annuitie or yerely rent shalbe suspended & not demanded nor payable, vntill such time as the saide I. H. his heires &c. bee fully contented, satisfied, or paid of the said entier summe of &c. and of euery part therof, ouer and beside his costes and charges for the withholding and nonpayment of the same summe of &c. any thing in the saide former Indentures, or in the said grant of annuitie, or in these indentures mentioned, to the contrary thereof in any wise notwithstanding. In witnesse &c.

¶ A Defeasance vpon a Bargaine and sale.

THis Indenture &c. Betweene &c. Witnesseth, that where the said Sect. 408. G. by his deede indented, dated &c. for the summe of &c. hath fully bargained and sold &c. Neuerthelesse, it is now fully couenanted &c. that if the said G. his heires &c. do well & truely content & pay againe to the said T. his executors &c. the said summe of &c. & euery part therof, at one whole and intier payment, before the feast of &c. That then it shalbe lawful to the said G. & his heires, vpon the repayment of the said summe of &c. to reenter into the said manor of &c. As in couenants of reentrie. And that then & from thenceforth after the repayment of the said summe of &c. the said T. and his heires shal stand and be seised of, and in the said manor &c. to the vse of the saide G. & his heires: And that all estates, assurance, & conueyance thereof then had and made to the said T. & to his heires, or to any other person or persons, shall after the repayment of the said summe of &c. be to the vse of the said G. & of his heires for euer: any thing in these Indentures to the contrary in any wise notwithstanding. And further the said G. couenanteth &c. that if it shall happen the said G. his heires &c. or any of them to make default of repayment of the said summe of &c. vt supra, That then it shal be lawfull vnto the said T. and his heires, to haue, hold, occupie & inioy to him and to his heires for euer, the saide manor &c. without condition or mortgage, & without let or disturbance, or interruption of the said G. his heires &c. or of any other person or persons by his or their procurement, assent, or commandement. And that hee the saide G. & his heires, and A. his wife, at all times hereafter the said feast of &c. vpon default of repayment of the said summe of &c. shal do, suffer, knowledge, & cause to be suffered, done and knowledged from time to time, all & euery such act, deuise, thing & things, as shalbe reasonably deuised or aduised by the said T. or his heirs &c. be it by fine, feffemēt, [Page] recouerie, release with warrantie, confirmation with warrantie, or otherwise. And that the saide manor at the time of the making of the said further assurance, in maner and forme aforesaid, shall then be discharged of all incumbrances, of what kinde, degree, or nature so euer they be, except leases and chiefe rent &c. And furthermore the said T. couenanteth &c. if the said G. his heires or executors do make default, and do not repay againe the said summe of &c. to the said T. his &c. in maner and forme aforesaid: That then the said G. vpon a perfect and further assurance and sure estate of the saide manor &c. had and made by the said G. and A. his wife, to the said T. & to his heires, shall content & pay to the said G. his &c. the summe of &c. in full contentation & payment &c. for the saide manor &c. before bargained and solde to the said T. and to his heirs, in maner and forme before recited and declared in these presents. And further the said T. couenanteth &c. that if the said G. do make default in repayment of the said summe of &c. and that the said manor then after that bee duely proued vpon a lawfull & true suruey thereof had and made to be of more yerely value then &c. by yere: That then the said T. his heires or executors shall content & pay to the saide G. his heires or assignes within one yeare after the same suruey, for as much of the saide manor as vpon the saide suruey shall be duely, truely, and clearely proued to be, and amount in yerely value aboue the summe of &c. by the yere, ouer all charges, after the rate of xx. yeres purchase. In witnesse &c.

Mortgage.

¶ A Mortgage vpon condition to pay a certaine summe at a certaine day.

OMnibus &c. Sciatis nos praefat̄ T. & L. pro diuersis, bonisquè Sect. 409. causis & considerac' nos specialiter mouent̄, vnanimi assensu & consensu nostris, dedisse &c. W. M. &c. haered' & assignat̄ suis, vnum tenement̄ cum aedificijs &c. Quod quidem tenementum cum aedificijs &c. nos praefat̄ T. & L. simul cum quib [...] dam alijs parsonis, nuper habuimus nobis, haered', & assign̄ nostris, ex dono &c. H. & P. de &c. execut̄ testament̄ & vltim̄ voluntat̄ W. C. sub quadam conditione iam perimplet̄ & ꝑformat̄, prout per quandam s [...]am chartam nuper inde nobis & dictis alijs personis confect', cuius dat̄ &c. plenius liquet & apparet. Habend' & tenend' praed' tenementum, ac caetera omnia p̄missa cum suis pertin̄ praef. W. M. haered' & [Page] & assign̄ suis ad solū opus & vsum ipsius W. M. haered' & assign̄ suor̄. Sub forma tamen, & conditione sequen̄, viz. quod si nos praefat̄ T. D. & L. vxor mea, aut aliquis nostrum, haer̄, execut̄, administr̄ vel assign̄ nostr̄ soluamus seu solui faciamus praed' W. M. execut̄, administr̄, vel assign̄ suis, in, vel apud modo domum mansional' ipsius W. M. in ciuit̄ M. v. li. legalis &c. modo & forma sequen̄ viz. ad festum &c. ꝓx. futur̄ post datum praesent̄ xx. s. &c. in plena soluc' praedict' v. li. Quod tunc praesens status & seisina de & in praemissis in forma praedict' deliber̄, & capt̄, vacuae sint, nulliusque effectus neque valoris, alioquin praesens status & seisina de & in praemissis in forma praed' deliber̄ & capt̄ firma sint & stabil', tantummodo ad opus & solum vsum praed' W. M. haered' & assign̄ suorum: Tenendum &c. Datum &c.

¶ A fee farme in Mortgage.

OMnibus &c. salut̄. Cum C. W. dederit &c. geren̄ dat̄ vlt̄ die D. Sect. 410. ante datum praesentium vlt̄ praeterito, mihi praefat̄ l. confirmauerit omnia illa terr̄ &c. Habend' & tenend' mih [...] & haered' & assignat̄ meis in perpetuum, prout in eadem charta sua mihi inde confecta plenius continetur. Noueritis me praef. [...]. dimisisle, concessisse, & hoc praesenti script̄ meo indentat̄ confirmasse praedict' C. omnia illa praed' terr̄ &c. Habend' sibi haered' & assignat̄ suis in perpetuum sub form̄ & conditione sequentibus viz. qd' si praedict' C. soluat &c. mihi p̄fat̄ l. attornato vel executoribus meis in &c. ad festum &c. quod extunc praesens charta indentata, & seisina inde l berat̄ suum robur obtineant & effect'. * Et si defect' fiat in solutione praed' xx. li. contra formam praedict', extune praesens charta indentata & seisina inde liberata sint vanae, ac pro nullo habeant̄, & tunc bene licebit mihi &c. In cuius &c.

But if there be many dates of payment. then ye may proceede after this forme following. Si praedict' C. soluat aut solui faciat, haeren' seu executores sui soluant, aut solui faciant, mihi praefat̄ I. attornat̄, seu executoribus meis in &c. xx. li. &c. in forma subscripta, videlicet, ad festum &c. xx. s. ad festum &c. xx. s. & sic de festo in festum, de anno in annum, vnum post alium continue sequentem ad quodlibetfestor̄ p̄ dict' viginti solidos quousque praed' xx. li. plenarie persoluant̄, extunc praesens charta indentata &c. Et si defect' fiat in aliqua solutione p̄ dict' viginti librar̄ in parte vel in toto, contra formam praed', extune &c. vt in charta pradict'.

Prouiso sem ꝑ qd' si p̄d' C. vel aliquis alius nomine suo allegauerit [Page] aliquam acquietantiam seu solutionem dictae pecuniae alibifore fact' quamin &c. contra me praef. I. quod extunc idem C. vult & concedit per praesentes, quod hm̄odi acquietantia in solutione forinseca nullius sit valoris. In cuius &c.

¶ A Mortgage.

SCiant &c. quod nos W. C. W. W. & T. C. dimissimus, tradidimus, Sect. 411. & liberauimus. H. M. I. A. & W. H. omnia illa terras & ten̄ta redd' &c. vocat̄ B. quae nos p̄d' W. C. W. W. & T. C. nu ꝑ coniunct' habuim̄ nobis, haeredibus & assign̄ nostris imperpet̄, ad vsum mei p̄d' W. C. haered' & assign̄ meor̄ ex dimissione, traditione, liberatione & chart̄ confirmatione I. H. Habend' & tenend' oīa praed' &c. sub forma & conditione sequent̄, videlicet, qd' si praed' B. bene & fideliter soluat &c. qd' tunc praesens charta nostra indentata, & seisina su ꝑ eand' liberata & habita in omnibus eor̄ roboribus permaneant & virtutibus imperpetuum. Et si defect' fiat &c. Ac insuper noueritis nos praef. W. C. W. W. & T. C. fecisse, ordinasse, & loco nostro posuisse &c. vt in literis attorn. ad deliberand' seīnam. In cuius &c. Datum &c.

¶ A Mortgage to saue harmelesse &c.

SCiant &c. quod ego T. F. fen̄ de N. Draper dedi & concessi & hac Sect. 412. praesenti carta mea indent̄ confirmaui L. W. de N. yeoman, vnum tenement̄ &c. Habend' &c. praef. L. W. haered' & assign̄ suis ad solum opus & vsum mei dicti T. F. haered' & assign̄ meorum imperpetuum. Si & quamdiu ego dictus. T. F. haer̄ execut̄ vel assign̄ mei soluamus seu soluifac' eidem L. W. execut̄ vel assign̄ suis xij. li. legalis monetae Ang' &c. modo & forma sequen̄, videlicet ad festum omniū sanctorum quod erit in anno Dom̄ &c. iiij. li. & sic inde annuat̄ ad dict' festum iiij. li. quousque dict' xij. li. soluantur &c. Necnon saluemus & indemnes conseruemus seu saluari & indemnes conseruari fac' p̄dict' L. W. haeredes, execut & administrat̄ suos versus quend' W. M. de C. execut̄ & administrat̄ suos ac alios quoscun (que) de & pro quod' script̄ obligatorio in quo praedictus L. W. ad instantiam mei praed' T. F. simul cum me eodem T. tenetur & obligatur praefat̄ W. M. in summa xl. li. indorsat̄ cum conditione pro soluc' xx. li. legalis monetae Anglie. Alioquin si contingat qd' ego dictus T. F. haered', execut̄ vel assignat̄ mei defecerimus in solutione praed' xij li. vel alicuius inde parcellae in forma praed' soluend', vel in saluando vel indemnes conseruand' [Page] praedict̄ L. W. haered', executores suos in forma praedicta, tunc ad solum opus & vsum ipsius L. W. haered' & assignator̄ suorū in perpetuum. In cuius &c.

¶ A Mortgage vpon payment by the Mortgageor.

SCiant praesentes &c. quod ego I. W. (vt supra 412.) confirmaui Sect. 413. S. W. omnia illa terr̄ & tenemēta &c. Habend' &c. sub forma & conditione subsequenti, viz. Quod si ego p̄dict̄ I. soluam seu solui faciam, haered' vel execut̄ mei soluant aut solui faciant praefat̄ S. W. aut eius certo Atturnato, haered' vel executoribus suis ad festum &c. in &c. xx. li. &c. quod extunc praesens charta indentata, ac seisma inde deliberata cassatae sint & van̄, nullius (que) valoris, ac tunc bene licebit praefat̄ I. &c. (vt in conuentionibus reintrationis.) Et si defect' &c. (vt supra 410. *) suum robur obtineant et effectum, & tunc bene liceat praefato S. W. haered' & assignatis suis ea habere & pacifice gaudere in perpetuum. In cuius rei testimonium vni parti huius chartae indentatae penes me reman̄, praef. S. W. sigillum suum apposuit. Alteri vero parti huius chartae indentatae penes praefat̄ S. W. reman̄ ego praedict' I. W. sigillum meum apposui. His testibus &c. Dat̄ &c.

¶ An estate vpon condition to find meat &c.

OMnibus &c. W. P. &c. Noueritis me praef. W. dedisse, concessisse, Sect. 414. et hoc praesent̄ script̄ meo indentat̄ confirmasse T. N. omnia mea terr̄ &c. Habend' &c. T. haered' et assignatis suis in perpepetuum &c. sub forma & conditione sequēti, videlicet: Quod praedictus T. exhibeat seu exhiberi faciat mihi p̄fat̄ W. durante vita mea naturali victum sufficientem, ac statui meo competentē, prout idem T. ad mēsam suam habet, seu habere cōsueuit, ac quolibet die dominico vnum denariū ꝓ meis expensis mihi reddat, necnon quolibet anno erga festū Natalis dn̄i vnam togam de Russet, vnū par caligar̄, duo paria calceorū, & duo camisia, statui meo competent̄, annuatim mihi inueniat. Et si contingat me decrepitum vel infirmum deuenire, tunc idē C. inueniet mihi vnum seruientem ad me debit̄ modo prout decet custodiend', ac etiam quendam locū in alta Camera tenement̄ mei p̄dict̄ cōpetent̄ vbi melius potero peruenire tam in sanitate quam in egritudine, simul cum libero introitu & exitu oībus temporibus licitis ad eandem durante vita mea mihi reseruand'. Et [Page] si praedict̄ W. in exhibitione mea praedicta, seu in aliquo praemissorum defecerit, aut ea facere noluerit quouismodo in futurum, quod extunc bene licebit mihi, haered' & assignatis meis, in omnia praedicta terras &c. (As in Reentries) In cuius &c.

¶ A Mortgage for payment by the Mortgagee.

SCiant &c. quod ego E. M. &c. dedi &c. praef. R. & E. vxor̄ eius, tot̄ Sect. 415. illud mesuagium meū &c. Habend' &c. sub conditione seq [...]en̄, viz. Quod si p̄dict̄ R. B. & E. vxor ei [...]s, haered', seu execut̄ soluant, vel vnus eorum soluat seu solui faciat, mihi p̄fat̄ E. M. aut meo certo Atturnat̄ vel execut̄ meis &c. modo & forma sequen̄, viz. ad festum &c. & sic deinde annuatim soluend' ad quodlibet festum &c. extūe prox. & immediat̄ sequen̄ xx. li. &c. quous (que) summa &c. plenarié persoluat̄. Q [...]od tunc praesens carta mea ind tata, ac status & seisin̄, de, & in praemissis liberat̄, firmae sint & stabiles ad solū opus & vsum p̄dictor̄ R. & E. haered' & assignatorū suor̄ in perpetuum. Et si contingat praed' R. B. & E. vxor̄ eius, haered', execut̄, vel assignatos suos defect facere in soluc' &c. aut alicuius inde parcell' in forma p̄dicta soluend', qd' tunc p̄sens charta mea indentat̄, ac status & seisins, de, & in p̄missis liberat̄, cassae sint & vacuae, nullius (que) valoris, ac tunc bene licebit mihi praef. E. M. &c. (As in Reentries &c.) In cuius &c.

¶ A Mortgage of landes &c.

THis Indenture &c. Betweene T. W. of the one party in the &c. Sect. 416. and W. F. &c. on the other party, Witnesseth, that where the said T. W. by his deed bearing date the eleuenth day of this present moneth of Ia. hath infeoffed W. F. of, and in the Manor of C. with all his right, members, and appurtenances in the said Countie &c. and of and in the aduowson, gift, free disposition, and right of Patronage of the Rectorie and Parish Church of C. aforesaid. To haue and to hold &c. (as in the deed afore, verbatim,) as by the same deed more plainly may appeare. And whereas the said W. F. the day of the date hereof hath contented and paied vnto the said T. W. the summe of &c. which summe of &c. the said T. knowledgeth &c. thereof &c. by these presents. It is now therefore couenanted, condiscended &c. that the said T. W. before the feast of Easter &c. by fine to be leuied in the Queenes Maiesties court of her Common plees at W. &c. Which said fine so to be leuied in forme aforesaid, shall be to thuses & intents [Page] in these presents expressed, that is to say: to the vses of the said W. F. and his assignes, vntil the 24. day of March &c. And if the said W. F. &c. doe well and truely content and pay, or cause to be &c. vnto the said T. W. his executors, the summe of C. l. of good &c. in the said 24 of M. next ensuing &c. at &c. That then & from thenceforth after such paiment made, the said fine to be leuied in forme aforesaid, shall be to the onely vse of the said W. F. his heires & assignes for euer. And if default of such paiment be had and made of the same summe &c. or any parcel therof at the time & place before limitted for the paiment of the same: thē & from thēceforth after such default of paimēt made, the said fine to be leuied in forme aforesaid, shalbe and inure for euer to the only vse of the said T. W. his heires & assignes for euer. And further that he the said T. & his heires, and al and euery other person and persons and their heires clayming the premisses, by or from the said T. W. shall at euery time and times during the space of 2. yeres next after the paimēt made of the said summe of &c. in forme aforesaid whē & as oftē as they or any of thē shalbe therunto reasonably required by y^• said W. F. &c. as in couenants of assurances. And the saide T. W. further couenāteth &c. to & with the said W. F. &c. y^• if it shall happē A. L. late wife of I. L. to recouer by due order & course of y^• law against the said W. F. his heires or assignes the third part of the premisses for dower to her belonging after y^• death of y^• said I. S. That then he the said T. W. his heires or assignes from the time of such recouery had, and after notice thereof to him giuen by the said W. his heires or assignes, shal content & pay yerely to the said W. his heires or assignes during the natural life of the said A. one C. l. of good &c. in the feasts of &c. And the said T. W. couenanteth &c. to & with the said W. &c. that if default of payment be had and made of the said summe of C. l. or any &c. at the time & place before limitted for the payment of the same: That then and from thenceforth all and euery couenant &c. comprised in this present Indenture on the part of the said T. W &c. to bee obserued or performed, and all and euery bond wherein the said T. standeth bounde for the performance of the same, or anie of them, shalbe vtterly void and of none effect. And that then y^• said W. his heires or assignes, shall within one moneth next after such default of paiment made as is aforesaid, deliuer or cause to be deliuered vnto the said T. his heire [...]r assignes, not onely the Counterpaine of this Indenture sealed by the said T. and al such bonds as the said T. shal stand bound in, to the said W. for performance of the couenants comprised in the same Indenture, and the same deede of feoffement made [Page] by the said T. vnto the said W. F. but also al such deeds &c. as the said W. F. &c. shall before that time haue receiued by the deliuerie of the said T. his heires or assignes. And that then, and from thenceforth after such default of payment made as is aforesaid, the said W. F. & his heires &c. as in couenants of assurance. In witnesse whereof &c.

¶ A Sale vpon condition.

THis Indenture &c. Between S. I. and A. his wife, and N. N. &c. Sect. 417. witnesseth, That the said T. and A. with their owne whole consent and agreement, for the summe of &c. Haue giuen & graunted &c. vnto the said N. and his heires for euer, all that mesuage &c. To haue & to hold the said mesuage & other the premisses w^t their appurtenances to the said N. N. his heires & assignes, to the onely vse and behoofe of the same N. his heires & assignes for euer. And the said T. I. couenanteth &c. that he the said T. and A. his wife, shall on this side the feast of &c. as in couenants to make estates. Neuerthelesse the said N. couenanteth &c. as in couenants to pay money, at the feast of &c. That then and from thenceforth this present bargain & sale of the said mesuage & other the premisses shalbe clerely frustrate, voide & of none effect. And that then also he the said N. his heires &c. within 8. daies next after the full paiment of the said xx. li. in form aforesaid to be payd, shall assure &c. or cause to be assured &c. to the said T. and his heires, to the only vse of the same T. and his heires for euer, all such estate &c. of and in the saide mesuage and other the premisses, which he the said N. before that time shal haue had or receiued of the said T his &c. The same mesuage & al other the premisses then being clerely discharged of al troubles, charges, & incumbrāces, had, made or done by the said N. his heires or assignes. And if it shall fortune the said T. his executors or assignes, to make default of payment of the saide xx. l. in forme aforesaid, to be paid, or any part therof: Then the said T. couenanteth &c. by these presents, that the said bargaine and sale of the said mesuage and other premisses, shall stande and remaine in full strength and effect for euer. And then the said N. couenanteth &c. truly to content and pay, or cause to be contented and paied to the said T. his &c. x. l. residue of the said xxx. l. within one month next after default of payment to be made of the said [...]. l. or any part thereof, in forme aforesaid to be paid for the full and cleere purchase of the said mesuage and other the premisses. And it is further couenanted &c. that the said T. his heirs nor executors, shall not at any time hereafter [Page] bargaime, sel, alienate, or otherwise put away the said messuage or other the premisses, or any part thereof, to any person or persons but onely to the said N. his heires & assignes: The same N. his heires & assignes, paying to the said T. his heires, executors, or assignes, for the purchase of the said messuage & other the premisses, as much money at such daies, & in as briefe time as any other person or persons will giue and pay for the same, without fraud or collusion. In witnesse &c.

¶ A Mortgage of landes.

THis Indenture &c. Witnesseth, that the said A. B. in cōsideratiō Sect. 418. &c. hath bargained &c. vnto y^• said C. D. his heirs for euer, al that messuage &c. And also all and singuler the rents, reuersions, & other yeerely profits whatsoeuer reserued by and vpon whatsoeuer leases, gifts, or graunts, had, made, or granted, of the premisses or any parte thereof &c. And also all the said I. B. for the cōsideration aforesaid hath bargained &c. vnto the said C. D. al his estate, right, title, interest possession, reuersion, remainder, claime and demaund to, of, and in the said messuage or tenement &c. And except one escript, obligation, or statute of the staple, wherein the said A. B. standeth bound to one E. S. in the summe of &c. and also except one recognisance wherein the said A. B. standeth bound to A. W. in the summe of &c. And that the said C. D. his heirs &c. by force of these present Indētures of bargaine and sale, and of other conueiances of the premisses hereafter to be had & made, shall and may peaceably and quietly haue, hold, &c. the said messuage &c. and euerie parcell thereof, to the onely proper vse of the said C. D. Prouided alwaies, and neuerthelesse the said C. D. is contented & pleased, & for him &c. couenanteth &c. as in couenants, that if the said A. B. his heires, executors, administrators or assignes, do well and truely content and pay &c. that then and from thencefoorth, as well all conueiances and assurances made by and from the said A. B. and R. M. and all bondes, Obligations, estatutes and recognisances wherein and whereby the said A. B. and R. M. are by any meanes bounden to the said C. D. as also these presents, and all assurances hereafter to be made and passed by vertue hereof, shall be vtterly voide, frustrate, and of none effect, to all intents and purposes in the law. And that then also the said C. D. his executors, administrators or assignes, shall and will well and truely deliuer &c. as in couenants to deliuer writings, all the said conueiāces and assurances v [...]ācelled, & all the said bonds, obligations, estatuts & recognisances [Page] and also the one part of these presents to be cancelled. And the said A. B. couenanteth &c. that if default be made, of, or in the paiment of the said summe of C. markes in part or in all, at the day and place aforesaid contrarie to the forme aforesaid appointed: That then as well the said conueiances, bondes, obligations, estatutes and recognisances, as also these present Indētures, & the bargaine & sale afore made of the said mesuage and premisses shall stand, remaine, and abide in full strength and vertue, and shalbe good, effectuall, and auaileable in the law to the said C. D. his heires &c. In witnesse &c.

¶ A Mortgage.

THis Indēture &c. Witnesseth, that the said I. E. for &c. to be well Sect. 419. & truely paid by the said Earle, his heires, executors, administrators, or assignes, to the said I. E. his executors or assigns, in such maner & forme as hereafter in these presents shal be expressed & mentioned, hath bargained and sold, and by these presents doth fully and cleerely bargaine all the said manor &c. Prouided alwaies, and the said E. for himselfe &c. doth couenāt &c. that if he the said E. his &c. do not well and truely content and pay, or cause to be well &c. to the said I. C. his &c. the summe of &c. Or if the said E. do fell, or cut downe any wood, pul down any, or let down any buildings, or do any maner of wilfull wast, in, or vpon the premisses or any part thereof at any time before the full end and expiration of 7. whole yeeres next comming after the date hereof, or if the said I. C. his &c. well & truly content and pay, or cause to be well and truely contented and paied to the said E. his heires or assignes, the summe of &c. at any time within the space of the said 7. whole yeeres next ensuing and following the date of these presents, That then, & from thēceforth &c. as in clauses of reentries. And also that after any want, default, or lacke of payment of any of the said paimēts of any of the said sums of money to be paied by the said E. his heires, executors, &c. to the said I. C. his executors, administrators or assignes, in maner and forme aboue mentioned and expressed, or any maner of wilfull wast to be done or suffered to be done by the said E. his heires, executors, administrators, or assignes, in, & vpon the premisses, or of any part thereof, or of the true payment of &c. to be payed by the said I. C. his heires, administrators or assignes, to the said E. his heires, administrators, or assignes, in maner and forme aboue mentioned and expressed: this present bargaine and sale and all and euery acte, deede, and thing hereafter by any meanes to be had, made, done, or suffered at any time before the ende [Page] and the expiration of seuen yeres next comming after the date hereof for, or concerning the said manor, shalbe void &c. And that then also the said Earle, his heires and assignes, and euery other person and persons shall stand and be possessed and sessed, of, & in the said manor of W. and all other the premisses in these presents bargained & sold, to, and for the onely vse & behoofe of the said I. C. his heirs & assignes for euer, and to, and for none other vse or vses: this present bargaine & sale, or any act, deed, or thing hereafter to be done, made or suffered at any time before the ful end and determination of the said 7. yeeres next insuing after the date of these presents, to the contrary therof in any wise notwithstanding. And also if the said E. his heires, executors, administrators, or assignes, shall not, or do not well and truly pay, or cause to be well & truely contented and paied to the said I. C. his heires, executors, administrators, or assignes, the said summe of &c. of lawfull money of England, in māner & forme aboue mentioned and expressed, or do, or shall commit any maner of wast, in or vpon the premisses, before the full end & terme of 7. yeeres next following the date hereof. Or if the said I. C. his heires &c. shall, or do well and truely content & pay, or cause to be well and truely contented & paied to the said E. his heirs, executors, administrators, or assignes, the said summe of &c. of lawfull &c. in maner and forme aboue mentioned and expressed: That then the said E. his heires, executors, and assignes, shall do, suffer and acknowledge, al and euery such reasonable act &c.

And also it is couenanted and agreed betwixt the said parties, that he the said I. C. his heires or assignes, shall and may haue, hold, and quietly inioy and possesse all the said manor of W. with the appurtenances, and all other the premisses heretofore in these presents bargained and sold vnto the said I. C. his heires and assignes, from the date of these presents vntill &c. next following the date hereof, without any let, ve [...]ation, trouble, sute or demand, had, made, or to be had, or made by the said E. his heires or assignes, by vertue and colour of this present bargaine and sale. In witnesse &c.

Fee Farme.

¶ A feoffement in fee Farme.

SCiant &c. ꝙ nos I. T. W. T. & I. M. dedimus, concessimus, & hac Sect. 420. praesenti charta nr̄a indentata ad feodi firmam dimisimus N. H. de W. vnum gardinum cum pertinen̄ vocat̄ M. iacen̄ in N. in com̄ E. [Page] viz. &c. quod quidem gardinū fimul cum alijs terris & tenementis nuper habuimus ex dono & feoffamento R. T. armigeri. Habendum & tenend' totum praedict' gardin̄ cum suis pertin̄ praef. N. haered' & assign̄ suis imperpetuū, de capitalibus dominis feod' illius ꝑ seruitia inde debit̄, & de iure consueta. Reddendo inde annuatim nobis, haered' & assignatis nostris nomine feodi firmae &c. aequis portionibus, & faciendo inde sectam ad curiam maner̄ nostri de M. in S. bis in anno, viz. ad proximā curiam ibidem tenend' post festum &c. & ad ꝓximam curiam ibidem tenend' post festum &c. pro omnibꝰ alijs seruitijs, cōsuetud' & demand'. Et si praedict' firma aretro fuerit in parte vel in toto per quindecim dies post aliquē terminū solutionis quo vt p̄fertur solui debeat, Aut si praedict' secta nobis haeredibus & assign̄ nr̄is ad aliquam cur̄ in maner̄ nostro praedict' bis in anno tenend', vt praedictum est, substracta fuerit, tunc vult & concedit praefat̄ N. pro se haered', & assign̄ suis ꝑ praesentes, quod bene liceat nobis p̄fat̄ I. W. & I. G. & haeredibꝰ & assignatis nostris in &c. & penes se retinere quous (que) de praed' firma sic aretro existen̄, & eius arreragijs si quae fuerint, nec nō de substract' sectae p̄dict' nobis, haered' et assignat̄ nostris plenarie fuerit satisfactum. Et si praedict' firma aretro fuerit in parte vel in toto, per duos annos post aliquem terminū solutionis eiusd', aut si praed' secta nobis, haered', aut assign̄ nr̄s ad aliquam curiā in manerio nostr̄ praedict' bis in anno tenend', vt praed' est, ꝑ duos annos substracta fuerit, tunc vult & concedit praefat̄ N. pro se, haered' & assignat̄ suis per praesentes, quod bene liceat nobis &c. As in reentries.

Sales.

¶ A sale of lands reseruing Rent.

THis deede Indented &c. Witnesseth, That I W. W. haue Sect. 421. giuen &c. and by this my present deede do giue &c. to R. W. and M. his wife of R. one mesuage &c. To haue and to hold all & singuler the said mesuage &c. to the said R. M. & to the heirs &c. And for default of such issue of their two bodies betweene them lawfully begotten, the remainder of al the said mesuage &c. after the death of the said R. and M. to the heirs of the body of the said M. lawfully begotten and to be begotten: and for default of such issue of the bodie of the said M. lawfully begotten, the remainder of all the saide mesuage &c. after the decease of the saide M. to the right heires of the said R. M. for euer. Yeelding and paying therfore yerely during all [Page] and euery the said seueral estates vnto me the said W. W. my heires and assignes for euer ten pound of lawful English mony, at the feasts of S. Andrew the Apostle and S. Iohn Bap. by euen portions in the now dwelling house of &c. And if it shall happen &c. with a clause of reentre if the rent be behinde. Prouided alwaies and vpon condition following: that is to say, That if the said R. and M. or either of them, or the heires of their two bodies between them lawfully begotten, or any of them do well & truly pay, or cause to be paied to me the said W. W. or my certaine Attorney, mine heires, executors, administrators or any of them, the iust summe of one hundred poundes of &c. at one whole and entire paiment for the said annuall rent, measuage &c. in any feast of the said feasts &c. hereafter following during the space of sixe whole yeares next insuing the date heereof, together with v. pound of the said rent in the same feast of S. A. the Apostle, or S. Iohn Bap. to be due by these presents, in the said now dwelling house of the said W. W. in R. aforesaid, paying first the said annuall rent of x. l. by yere at euery of the said feasts and termes of payment, in the which as is aforesaid it ought to be paid eche & euery yeare, in maner & forme aboue in this present Charter limitted and expressed, according to the force, effect, & true intent of this presēt charter. And also giuing to the said W. W. his &c. notice and warning of the payment of the said summe of &c. in forme abouesaid, to be paid x. weekes at the least before the payment thereof: That then immediatly after the paiment of the said summe of &c. in maner & forme aforesaid to be paid, the said yerely rent of x. pounds, and euery part thereof to cease, be determined, made void, extinguished, and vtterly adnihillated for euer by these presents, or els the same to stand, remaine, and be in his full strength, power, and vertue. In witnesse &c.

¶ A Couenant not to sell, but to the vendee.

ANd the said I. K. doth couenāt &c. That neither he the said I. K Sect. 422. nor his heirs, nor any of thē at any time or times hereafter shal or wil giue, grant, bargaine, morgage, sel, alien, set ouer, alter, discontinue, or depart with any part of any the mesuages, lands, tenemēts, & hereditaments, aboue hereby mencioned to be bargained & solde, or wherof he the said I. now standeth & is seised to any person or persōs other then only to the said N. S. or his heires, if the said N or his &c. wil giue such price & prices for y^• same, as shalbe set down, made & appointed by T. W. A. G. & N. S. or so many of them as shal happen to be liuing, at the time of such sale & alienatiō to be made, w^tout y^• speciallicence of the said N. S. or his &c. first had & obtained in writing

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Gifts.

¶ A generall gift of goods.

OMnibus &c. Sciatis me praefat̄ F. &c. dedisse &c. W. W. &c. Sect. 423. oīa bona et cattall'mea, mobilia & immobilia, viua & mortu [...] cuiuscun (que) generis seu speciei, in quorumcunque manibus, seu in quibuscun (que) locis existunt: Necnon totum ius meū, titulum, ac ius terminor̄ annor̄ quorūcun (que). Habend' &c. vt infra 425 * p̄f. W. W. & assign̄ suis imperpetuum. In cuius rei &c.

¶ A gift of goods and chattels, with couenants to find the donor necessaries, and performe his will.

THis Indenture made &c. betweene R. E. &c. on the one party, and Sect. 424. T. S. of &c. on the other party, Witnesseth, that the said R. E. for the considerations heereafter in these presents expressed, & for the iust & true performance of such premisses, as on the part & behalfe of the said T. his executors and assignes are made to be kept to the said R. hath giuen & granted &c. to the saide T. S. all his leasses, farmes, and termes of yeares, cattels, implements, housholdstuffe, beasts and cattell, and all other his other goods, aswell reall as personall, moueable as vnmoueable whatsoeuer, the golde, siluer, and coyne, which the said R. nowe hath, or is owner of, And one mesuage &c. onely excepted. To haue and to holde the said leases, farmes, and termes of yeares, and all and singuler the saide goods and chattels, and other the premisses (except before excepted) to the said T. S. his executors and assignes, to his and their owne proper vse and vses.

And the saide R. doth further authorize and appoint the saide T. S. to aske and demaunde all such debts and summes of mony as be owing by any person or persons to the said R. And further, to sue and implead any of the said persons or debters in the name of the said R. as shall refuse or delay the payment of the said debts or summes of money, at his will and pleasure. And after that the saide T. shall receiue, obtaine, gette, and recouer the said summes or debtes: Then the said R. doth further giue power & authoritie to the said T. to take & keepe the same to his owne vse & commodity, without making any accompt thereof to the said R. or to his executors or &c. And the said R. doth further promise to the said T. not to release or discharge any of the said debtes or summes of money so owing to him, without [Page] the assent and good will of the said T. first had and obtained: In consideration whereof the said T. G. for him, his &c. doth couenant &c. that the said T. and his executors shall and will find and prouide to the said R. during his naturall life, conuenient and sufficient meat, drink, & apparell. And also one comely and decent Parlor or chamber for the said R. to lie in seuerally, with fire and candle necessarie, during his naturall lyfe, and one person to attend vpon him during the time aforesaid. And moreouer, that it shall & may be lawful for the said R. to make & declare his last Will and Testament of goodes to the value of xl. pound, and that the said T. shall and will pay & performe in such conuenient time, as by the said last will shal be appointed, all such legacies and bequestes, as the said K. shall giue and bequeath so that the same do not amount aboue the summe of xl. pound. And finally the said T. doth promise & grant for him, his &c. to content & pay yerely to the said R. E. during his naturall life, the yerely rent or summe of &c. at two feasts in the yeere: that is to say, at the feastes of S. Mich. tharchangel, and the Annunciation of our Lady, by euen portions. In witnesse &c.

¶ A Gift or graunt of Goodes.

THis Indenture &c. Betweene T. W. of the County of Y. Esquire Sect. 425. on the one partie, and I. W. & T. W. the yonger, & E. W. sonnes of the said T. W. the elder, and E. W. A. W. and M. W. daughters of the said T. W. the elder on thother party, Witnesseth, that the said T. W. the elder, aswell in consideration of the naturall loue & affection which he beareth towards his children, & of the fatherly care which he hath of their preferment & aduancement, as for diuers other good causes him hereunto especially mouing, hath giuen, granted & confirmed, & by these presents doth giue, grant, & confirme vnto the said I. T. W. the yonger, Ed. VV. Eliz. VV. and M. W. their executors, administrators, & assignes, all his goods & cattels whatsoeuer. (*) Neuerthelesse, it is fully concluded, condiscended, & agreed, by, & between all the said parties to these presents, in maner & forme following: that is to say, That it shall & may be lawfull to and for the said T. W. the elder, at all and euery time & times hereafter, during his life naturall, if he remaine so long vnmaried, peaceably & quietly to haue the vse, occupation, increase, and profits, of all the said goodes and chattels, without any lawfull let, suit, trouble, expulsion, or incumbrance of them the said I. T. W. the yonger, Ed. Eliz. A. & M. their executors or administrators, or any of them, or any other [Page] person and persons whatsoeuer, clayming, by, from, or vnder them, or any of them: These presents, or any thing therein contayned to the contrarie thereof in any wise notwithstanding. In witnesse &c.

¶ A gift of goods vpon condition to find necessaries &c.

OMnibus &c. T. I. salutem &c. Sciatis me praef. T. pro certis bonis (que) Sect. 426. considerationibus me specialiter mouent̄, dedisse, concessisse, & hoc praesenti scripto meo confirmasse A. G. de ciuitate N. omnia bona &c. (vt supra 423. verbatim) Habend' & tenend' omnia praedict̄ bona & catalla mea, vbicunque inuent̄ fuerint, ac caetera praemissa praefat̄ A. G. et assignatis suis imperpetuum: Ita viz. quod nec ego praed' T. I. nec executor̄ vel administrat̄ mei, nec aliquis alius nomine meo, seu nomine eorū, aliquid iur̄, proprietat̄, vel clamei, de, aut in praedict̄ bonis & catallis, ac caeteris praemissis, nec in aliqua inde parcella de caetero exigere, clamare, vel vendicare poterimꝰ nec debemus quouismod' in futur̄, sed ab omni actione, iuris, clamei, & demand' inde in futur̄, habēd' seu vendic' penitus sumus exclusi imperpetuum per p̄sentes, sub conditione sequen̄, viz. Si praedictus A. G. execut̄ vel assignati sui inuenient seu inueniri facient tam mihi p̄dict' T. I. quam cuidam M. P. viduae matri mei p̄dict' T. I. sufficient̄ et competent̄ victual' & vestit̄, hospicium & cubilia, ac omnia & singula alia nobis & nostrū cuilibet necessaria, tam in egritudine quam in sanitate, durant̄ vita natural' tam mei dicti T. I. quam dictae M. P. et nr̄orum vtrius (que) diutius viuent̄, necnon soluat seu solui faciat omnia hm̄di debita mea, nominat̄ & specificat̄ in quadam scaedula huic praesenti scripto meo annex'. Quod tunc praesens donatio bonorum & catallorum p̄dictorū firma sit & stabilis, ad proprium vsum p̄dict̄ A. G. et assignatorum suorū imperpetuum, alioquin frustra sit ac pro nullo habeatur. In cuius rei &c.

Pawnes and Gages.

¶ A gage of Plate and goodes &c.

THis Indenture made &c. Witnesseth, that the said R. for the sum Sect. 427. of &c. hath bargained, sold, giuen, & graunted, and in open Market of the Citie of N. hath deliuered, & by these presents doth fully & cleerely bargain, sell, giue, & grant vnto the said T. M. his executors &c. all these parcels of Plate & other implements hereunder [Page] specified, viz. One bowle of siluer all white, one dozen of siluer Spoones with knops, one litle Salt of siluer all white, containing all together twenty nine ounces, one yellow chest bound with seauen broad barres of Iron, and all and singuler such peeces and parcels of woollen and linnen cloth, and Pewter, as bin remayning and closed within the said chest, together with one couerlet of Tapistrie worke, one blanket of linsey wolsey, and two Fetherbeds, and two bolsters, stuffed with feathers. To haue and to hold the said siluer boule, siluer salt, and the said dozen of siluer spoones, together with all and singuler the said implements and stuffe, and all the premisses, & euery part and parcel of the same, to the said T. M. his executors, administrators & assignes for euer. And the saide R. C. for him, his executors &c. doth couenant and grant by these presents, to and with the said T. M. his executors &c. that he the said R. at the time of the date herof, was true, sole, and proper owner of the said parcels of Plate, and all and singuler other the premisses, & euery part and parcell of the same, and then had full power and good, iust, lawfull, and perfect right, title, and interest, to bargaine, sell, giue, graunt, and deliuer, all and singuler the premisses, and euery part and parcell thereof in forme aforesaid. Prouided alwaies, and it is agreed betweene the saide parties &c. that if the said R. C. his executors, administrators or assignes, shall well and truly content and pay or cause to be paid to the said T. M. his certain Attorney or executors, the summe of &c. in the feast day of &c. That then this present bargaine, sale, gift, and grant of all the premisses, & euery parcell thereof, to be vtterly frustrate, voide, and of none effect. And that then also the said parcels of Plate, and all other the premisses shalbe by the said T. his executors &c. redeliuered to the said R. his executors, administrators &c. at the mansion house of y^• said T. within the citie of N. aforesaid: any thing before recited to the contrary in any wise notwithstanding. In witnesse &c.

¶ A Bill of sale.

BE it knowen vnto all men by these presents, That I I. M. of L. Sect. 428. gentleman in consideration of the summe of sixe pounds of lawfull money of England, to me in hande, at, and before the sealing and deliuery hereof, by I. C. of L. Draper, well and truely payed, whereof and wherewith I do acknowledge my selfe fully satisfied and contented, haue bargained and solde, and in plaine and open Market within the Cittie of London, haue deliuered vnto the saide I. C. one [Page] gowne of blacke Russet coloured cloth, furred throughout, & laide on with a billiment lace, & one Cloake of satten garded with two gards of veluet round about. To haue and to hold the said gowne & cloake before sold, and euery part thereof vnto the saide I. C. his executors & assignes, freely, peaceably, and quietly, as his and their owne proper goods for euer, without any let or denyall of mee the saide I. M. mine executors and assignes, or any of vs, and with warranties against all people for euer by these presents. Prouided alwaies, that if I the said I. M. mine executors or assignes, or any of vs, doe well and truely pay or cause to bee paid vnto the saide I. C. his &c. that then the sale aforesaid to be void & of none effect, or els to stand & abide in full strength & vertue. Sealed with my seele &c. Giuen the xi. day of Feb.

¶ A Gage of a ch [...]ine of golde.

HEc Indentur̄ fact' &c. inter R. W. & B. M. &c. testat̄ quod p̄d' R. Sect. 429. vendidit B. quandā Chatenā aureā cum vna cruce a [...]rea sculpt̄ cum vno crucifixo ponder̄ in toto quinque vnc' ap p̄ciat̄ ad C. li. &c. Praedict' tamen B. vult & concedit ꝓ se & executoribus suis ꝑ p̄sentes qd' si p̄d' R. soluat, seu solui faciat p̄fato B. aut suo certo atturnato, seu executoribus suis, septim̄ die mensis Iulij ꝓximo futuro post dat̄ p̄sentium x. li. &c. qd' tunc p̄d' B. deliberabit seu deliberar̄ faciet p̄ fat̄ R. aut suo certo attornato p̄d' cathenam cum cruce p̄dicta, abs (que) impetitione vel contradictione aliqua. In cuius &c.

Leases.

¶ A Lease for yeares of a mesuage by a Corporation.

THis Indenture made the xxv. day of A. in the Sect. 430. 34. yere of &c. Between W. P. citizen & goldsmith of L. Master of the guild or fraternity of &c. & R. C. Citizen & Marchant tailors of L. Wardens of y^• saide guild or fraternity on thone party, & R. S. of L. Esq. on thother ꝑty, Witnesseth, that y^• said Master & Wardens, for them & their successors, with thassent, will & consent of all the brethren & sisters of the saide fraternity or guild, haue graunted, demised, and to ferme letten to the said R. S. by these presents, all that their mesuage or tenement and garden thereunto [Page] adioyning with sellers, sollers, and all other appurtenances thereunto belonging, called A. B. set and beeing in Fleetstr̄ in the saide parish of saint D. that is to wit, betweene the tenement pertaining to the dean and Canons of the Kings Chappell of S. within the pallace in W. now in the holding of I. C. on the East part, and a tenement pertayning to the saide fraternitie nowe in the tenure of T. V. on the West part, & the gardens pertaining to the Mistery or craft of Goldsmiths of London on the North part, and the tenements pertaining to the said fraternity, wherein I. D. warchandler, and I. F. gent. now dwell on the South part. To haue and to hold the said mesuage or tenemēt and other the premisses aboue letten with the appurtenances to the said R. S. his executors or assignes, from the feast of the Annunciation of our blessed Lady the virgin last past before the date hereof, vnto the end and terme of xxx. yeares then next ensuing, and fully to bee complete. Yeelding and paying therefore yearely during the saide derme to the said Master and Wardens, and to their successors or assignes iiii. l. of good and lawfull money of England at foure times of the yeare, that is to say, at the feast of the Natiuity of S. Iohn Bap. S. Mich. tharcangell, the Natiuity of our Lord God, & thannunciation of our Lady the Virgin by euen portions. And if it happen the said yerely rent of iiii. l. to be behind and vnpaid in part or in all by the space of one moneth next after any of the said feasts of payment, at the which it ought to be paide: That then it shall bee lawfull to the saide Master and Wardens and their successors, into the saide mesuage or tenements and other the premisses aboue letten with thappurtenances, and euery parcell thereof to enter and distraine, and the distresses so there taken, lawfully to beare, leade, driue, and carry away, and the same to withhold and keepe vntill they of the said yerely rent, and euery parcell thereof with tharrerages of the same (if any be) vnto them be fully contented, satisfied and paide. And the said R. S. for him, his executors and assignes couenanteth and granteth to and with the said Master and Wardens and their successors by these presents, that hee the same R. S. his executors and assigns, at his and their proper costs and charges, the said mesuage or tenement, and other the premisses aboue letten with the appurtenances, with the pauementes and wydraughts of the same, in and by all thinges well and sufficiently shall repayre, sustaine, maintaine, scowre, and cleanse as often as need shall require during the said terme, and the same so repayred, scowred and cleansed, with all glasse windowes, yron doores, locks and keyes (as it is thereof and therewith now fully furnished and garnished) at the [Page] end of the same terme shall yeelde vp and leaue. And that it shall bee lawfull to the said Master & Wardens & their successors, at all times during the said terme at their liberty and pleasure, to come and to enter into the said mesuage or tenement, and other the premisses aboue letten with thappurtenances, and euery parcell thereof, there to view and search what reparation shall be needfull to be made and done: and vpon such view and search had, the said R. S. for him, his executors & assignes couenanteth and granteth to and with the saide Master and Wardens and their successors by these presents, that the same R. his executors and assignes at his and their proper costs and charges, shall during the said terme within one quarter of a yeare next after monition and knowledge to him or them giuen by the said Master & Wardens, or their successors, well and sufficiently from time to time repaire and amend, all such defaults and lacke of reparations, as there shall happen to be found. And that the same R. his executors and assignes during the saide terme, shall peaceably and quietly permit and suffer the said T. W. and al other tenants of the said fraternity dwelling there about, to haue, vse, and enioy all such lights, penthouses, and other easements as now be & appertaine to their seuerall tenements or mansions, without any stopping, darkening, empayring, breaking, hurting and diminishing, and without let, interruption or disturbance of the same R. his executors or assignes, or of any other person or persons by his or their commaundement, meanes or procurement. And that it shall not bee lawfull to the saide R. his executors nor assignes, to bargaine, graunt, alien, let or set his lease, interest or terme, of and in the saide mesuage and other the premisses aboue letten, or any parcell thereof, to any person or persons during the saide terme, but onely at will from yeare to yeare, without the consent and agreement of the saide Master and Wardens or their successors, first had and obtained in writing vnder the common seale of the saide fraternity. And the saide Master and Wardens for them and their successors, couenant and graunt to and with the said R. S. his executors &c. by these presents, that the same Master & Wardens & their successors at their proper costs and charges shall beare & pay all manner of quite rents, and other rents and duties if any such be due or to be due, & going out of, and for the said mesuage or tenements & other the premisses aboue letten during the said terme, & thereof shall acquite, discharge or saue harmelesse the said R. S. his &c. In witnesse wherof to the one part of this Indenture remayning with the saide Master and Wardens and their successors, the said R. S. hath put his seale: & to [Page] the other part of the same Indenture remayning with the same R. the said Master and Wardens haue put their common seale of the said fraternitie. Giuen the day and yeere aboue written.

¶ A Lease for yeeres of a house.

THis Indenture &c. Betweene T. D. & A. his wife on the one Sect. 431. partie, & N. S. on the other partie, Witnesseth, that the same T. & A. the day of the making herof hath demised, betaken &c. to the said N. all their mesuage or tenemēt, with all shops, sellers, &c. to the same belonging, set, lying, or being in &c. which was lately in the tenure and occupation of I. C. To haue and to hold the foresaid mesuage, (vt supra.) Yeelding and paying therefore yerely during the said terme to T. and A. his wife, or to either of them, their heires or assignes iii. li. of &c. And if it shall happen the said yeerely rent of &c. (As in distresses.) In witnesse &c.

¶ A Lease for yeeres with exceptions.

THis Indenture &c. Betweene T. I. &c. Witnesseth, that the said Sect. 432. T. I. for &c. hath demised &c. all those his mesuages, lands, &c. except, and alwaies reserued to the said T. I. one close &c. and also all maner of wood and timber now growing, or hereafter to grow, in & vpon the said premisses, or any part therof, together with free egresse and regresse to and for he said T. I. his executors, assignes, seruants, and workmen, to and from the said premisses, aswell with horses and carts, as otherwise, aswell for the felling, making and carrying away of wood & tymber, as also for the repayring and amending of the edifices belonging to the premisses. To haue and to hold asmuch of the said lands & tenements and other the premisses as be freehold, (except before excepted) to the said I. P. his executors and assignes, from the feast of &c. for and during the terme of xxi. yeres, from thence next insuing, and fully to be compleat and ended. And to haue and to hold as much of the said premisses as be copyhold, or customary tenure, to the said I. P. his &c. from yeere to yeere, as the same copihold may be letten without forfaiture, & not otherwise. Yeelding and paying for all & singuler the premisses (except before excepted) being freehold &c. & for all the residue of the same premisses being copihold &c. And the said I. P. couenāteth &c. that the said I. his &c. shal yerely and euery yeere during all the said terme, find, or cause to be found one sufficient Thatcher & his seruiter with sufficient meat, drinke, & wages three dayes in the yere at conuenient times, for the repayring [Page] and amēding of the edifices & buyldings of the said premisses, the said T. I. finding straw & all other things necessarie for the same iii. daies worke, and euery of them from time to time during al the said terme. And further, that he the said I. P. his executors or assignes at the end of the said terme of xxi. yeeres, shall leaue all the fences, hedges & gates belonging to the premisses, well and sufficiently made and repaired, the same I. his executors or assignes taking in and vpon the premisses, sufficient thornes & other conuenient fensing stuffe, aswell for the making and repairing of the said fences, hedges & gates from time to time during all the said terme, As also for the leauing of the fences, hedges, and gates, well and sufficiently made and repaired, as is aforesaid, at the end of his terme, by the assignement & appointmēt of the said T. I. his executors, or assignes. Prouided alway, that it shalbe lawfull to the said I. P. his executors or assignes, from time to time during all the said terme, to take in and vpon the premisses without any assignement, as is aforesaid, thornes, and other fensing stuffe for the stopping of gappes and repairing of the said fences and hedges, so that the same fensing and stopping do not exceede aboue a rodde at one time: any thing heretofore in these presents mencioned to the contrarie in any wise notwithstanding &c. And the said I. couenanteth &c. that it shall be lawfull to and for the said T. I. his executors, assignes, seruants, and workfolkes, to enter, come, and go into, and from the grounds belonging to the said premisses for the felling, making, and carrying away of all such wood and tymber, as the said T. I. his executors, assignes, and seruants shall from time to time fell and make during all the said terme, without let or interruption of the said I. P. his executors, or assignes. And that he the same I. his executors or assignes, shal not at any time during the said terme, harry, or break vp any part or parcell of the close lying at C. bridge, parcel of the demised premisses, without the consent & agreement of the said T. I. his executors or assignes. And that the muck or dunge that shall be made by his horses or neat in the time of their standing in, shall be bestowed yeerely in and vpon the arable land belonging to the premisses. And furthermore, that he the said I. his executors and assignes, shall and may eyre and sowe any of the said arable land belonging to the said premisses (except before excepted) ii. yeres together during the said terme, & not aboue, & after that let the same land lie one yeere falow. And the said I. P. couenanteth &c. that he the same I. P. his executors & assignes, shall well and sufficiently pasture and feed within the premisses, to and for the said [Page] T. I. his executors or assignes one gelding & one milchcow yerely, & euery yere during the said terme. And also shal freely giue and deliuer to the said T. I. his executors or assigns, two good & able swine hogges, well & able fatted at the costs & charges of the said I. P. his executors or assigns. And also one Boare good & able in like case fatted, & ready dressed, at y^• feast of the Natiuitie &c. yerely & euery yere during all the said terme of &. And also shall yerely &c. wel & able fat in & vpon the premisses, to & for the vse of the said T. I. his executors or assigns one bullock being of the age of 3. yeres to be killed, & yerely deliuer the same to the said T. I. his &c. within the site of the premisses at the feast of &c. during all the said terme. In witnesse &c.

¶ A lease for yeares reseruing Barley.

THis Indenture &c. between R. T. of &c. & W. A. of &c. witnesseth Sect. 433. y^• the said R. hath demised &c. vnto y^• said W. A. x. acres of land &c. To haue and to hold &c. Yeelding & deliuering therfore vnto the said R. T. his executors & assignes at the late mansion house of the said K M. &c. between the feast of al Saints, which shalbe in the yere of our Lord 1599. and the feast of the Purification of our Lady thē next &c. xx. quarters of Barley of good measure, & good stuffe marchantable, wel clēsed, & by a lawful bushel to be measured for y^• first yeres farme or rent of the same terme: And between the feasts of al Saints & the Purification of our Lady then next & immediatly insuing xx. quarters of barly of like corne and like measure at the place aforesaid for the second and last yeres farme of the said terme. And if it happen the said yerely rent &c. As in distresses. And the said W. A. couenanteth &c. to permit & suffer the said R. his &c. farmers of the fouldcourse of E. to haue such shacke vpon the demised premisses with their sheep at seasonable and conuenient times to be accompted from Mich. till thannunciation of our Lady yerely, as heretofore they haue lawfully vsed within the said town. And the said R. T. for him &c. couenanteth &c. that he y^• said R. his executors &c. shal frō time to time during the said terme acquite, discharge or saue harmlesse the said W. his executors &c. & also y^• demised premisses of al maner of outrents, tasks, subsidies, tithes, tenths, farmes & charges, that shalbe issuing, going out, or paiable out, of, or for y^• said demised premisses or any part therof, except the yearely rent aboue reserued. And further the said R. couenanteth &c. that it shal and may be lawful vnto the same W. his executors &c. by vertue hereof, to haue, hold, occupie, & enioy the saide [Page] demised premisses, for the yerely rent or farme aboue reserued peaceably & quietly without any lawfull let, &c. during the said terme &c. And that the said W. A. will sufficiently make or cause to be made a true & perfect terrar or boundary of euery seuerall parcell of &c. how the same doe lie seuerally, butt, & bound, and deliuer the same to the said R. T. or his heires in the now dwelling house &c. before the feast &c. next insuing &c. In witnesse &c.

¶ A Couenant that rent shall cease vpon Euiction.

ANd the said I. B. for him &c. that if it happen any of y^• premisses Sect. 434. by reason of any former lease, interest, or other title, to be withholden or kept, frō the occupation, possession or hauing of W. E. his executors or assigns, that thē the rent of the same reserued to be paied shall cease to be paid, during all such time, as the same shal be so kept, from the said W. his heirs, executors & assignes, & that the same W. his &c. shal quietly haue, occupy and inioy the same premisses so kept from him his executors &c. after such time as the former leases & interests shalbe determined, expired and ended, for & vntill the ful end & terme of the full rest & residue of the said xl. yeres thē behind & not by him occupied, & for & by thonely rent afore reserued for the same &c.

¶ A Lease for yeares of a mesuage and lands.

THis Indenture &c. Between sir I. B. of &c. and G. P. &c. witnesseth, Sect. 435. that the said I. B. &c. hath demised &c. vnto the said G. P. al that mesuage or tenement called C. and one croft called R. and xxx. acres of land thereunto belonging &c. To haue, holde &c. from the day of the date of these presents, vnto the ende and terme of for and during all the terme of one and twenty yeres thence next and immediatly ensuing fully to be complet and ended dispunishable and without impeachment, of, or for any maner of strep, spoyle, destruction, or wast of woodes whatsoeuer. Yeelding and paying therefore &c.

And yeelding and doing s [...]ite at the Court of the said I. B. his heires and assignes, to be holden at the manor of A. in the Countie of H. twise euery yeare during the saide terme vpon reasonable summons, and in default of euery such suite to bee hereafter made, shall yeelde and pay to the said I. B. his heires and assignes for the first default foure pence, y^• second default sixe pence, the third time twelue pence, and so for euery such default to bee made after the aforesaide third default to be made during the said terme two shilings. And also yeelding and paying vnto the said I. B. his heires and assignes [Page] at the feast of the Natiuitie of our Lord God, which shalbe in euery iii. yere of the said terme of xxi. yeres xx. s̄. for, and in respect of a fine & herriot, & for & in discharge of all other their duties, seruices, fines, herriots & demands other then such as bin before in this present Indenture reserued. And if it happen the said yeerely rent of &c. or the summe of xx. s̄. reserued for and in respect of a fine and herriot, as is aforesaid, or the said mony for sute of Court, or any part or parcel therof to be behind vnpaid after any of the said feasts before by these presents limitted and mentioned in which the same ought to be paid, being lawfully demaunded at the now mansion house of the premisses: that thē &c. As in distresses, I. B. his heirs, executors, administrators or assigns; into the premisses & demised tenemēts to enter & distraine, & them to detaine and keepe, vntill they shalbe satisfied and paied of the said rents, fines and summes aforesaid so happening to be behind and vnpaid, together with the arrerages thereof, if any such shall happen to be. And the said I. B. &c. couenanteth &c. that he the said I. B. at the ensealing and deliuery hereof standeth, and is sole, onely and rightly seised of the said tenements & premisses of an estate of inheritance in fee simple, or in fee tayle generall with the reuersion or remainder thereof to his owne heires for euer in his owne right, and to his owne vse without any maner of condition or other limitation of vse which may alter, change, destroy or discontinue the same or any part thereof, by good, perfect, and sufficient conueiance & assurāce in the law, and that he the said I. B. at the ensealing & deliuery hereof hath good, ful, and perfect power, and lawful aucthoritie to demise, grant, assure, and conuey the said mesuage, tenements and other the premisses vnto the said G. P. his heires, executors, administrators, and assignes, according to the effect and true meaning of these presents. And that the said I. B. his heires, executors, administrators and assignes, shall and will, at all times hereafter, during all the said terme of xxi. yeeres, acquite and discharge, and saue harmlesse, aswel the said G. P. his heires, executors, administrators & assignes, and all other occupiers of the premisses, as all the said tenements, and premisses and euery part thereof, of, and from al former bargains, sales, leases, dowers, iointers, rents seruices, rent charges, arrerages of rents, and all other charges and incumbrances whatsoeuer, other thē the rēts seruices and summes of money in these present Indentures before reserued and mentioned. And that the said G. P. his heires, executors, administrators, and assignes, and euerie of them shall and may, at all times hereafter, and from time to time, during the [Page] said terme of xxi. yeeres, haue, hold, occupie, and enioy, all and singuler the said mesuages, lands, tenemeuts, and other the said demised premisses, and euery part and parcell thereof with the appurtenāces according to the tenor, effect and true meaning of these presents, without any maner of lawfull let, interruption, suit, veration, impediment, euiction or trouble of the said I. B. or of any other person or persons, by his or their commandement, meanes, procuremēt, assent, consent, occasion or agreement, or lawfully claiming, or which shal or may hereafter lawfully claime from, by, or vnder the said I. B. or his title &c. In witnesse &c.

¶ A Lease of Lordships by a Deane and Canons.

THis Indēture &c. Between I. P. doctor of the ciuill law, Deane Sect. 436. of the Colledge &c. And the Canōs of y^• same Colledge on thone party, & A. D. on thother party, Witnesseth, that the said Deane & canōs by their whole & mutual assent &c. haue demised &c. vnto the said A. their mansion or dwelling place of their manor or Lordship of T. aforesaid in the said coūty of B. lately called the Priorie, with all the site & circuit of the same mansion, barnes, stables, & all houses, buildings, yards, closes, orchards, gardeins, ponds, and stewes, contained within the same site or circuite, together with the demesne landes, meadowes and pastures, with all and singuler the appurtenances to the said māsion or dwelling place, manor or Lordships or to any part or parcel thereof, or to any of them belonging, or in any wise appertaining, and also all and singuler their lands, tenements, meadowes, leases, pastures, commons, fishings, with all other easements, profits and commodities and all other their hereditaments, whatsoeuer they be, set, lying and being within the Towne and fields of T. aforesaid. And also all those their two milles called &c. with all & singuler their appurtenances, profits, and commodities, & with all other their mesuages, lands, tenemēts, meadowes, pastures, commons, easements, profits & commodities, with all & singuler rents, reuersions, remainders, & seruices of al the tenāts, aswel freeholders as tenāts for yeres or frō yeere to yeere, copiholders, tenants at will or otherwise, set, lying or being, to be perceiued or taken within the townes, parishes or fields of S. &c. lately belonging & appertaining to the said late Priorie of T. aforesaid, with all & singuler their appurtenances, & all that their mannor or Lordship of T. withall the demeanes of the same, and all and singuler their other mesuage &c. as next aboue. And also all maner of such glebe landes and tenements, tithes, oblations, [Page] fruits, profits, and commodities whatsoeuer they be, to the Churches and Parsonages of N. C. and L. or to any of them now belonging, or in any wise appertayning, or which at any time heretofore haue of right appertained or belonged to them, or to any of them: And also al and singuler pencions and porcions in L. W. &c. with all rights, profits, casualties, & commodities, aswel spiritual as temporal: together with all woods, vnderwoods, warrens, and other liberties whatsoeuer they be, to the said manors or Lordships of T. or C. or to either of them belonging, or in any wise appertaining, or that be set, lying or being in the townes and fieldes of T. and C. &c. aforesaid, or in, or vpon any of the premisses: Excepted and alwaies reserued vnto the said Deane and Canons, & to their successors, all such rents & fruits, pencions, and porcions, which be contained in a Scedule indented thereof made, & to this Indenture annexed, amounting the yeerely value of xx. l. And also except & reserued vnto the said Deane &c. all & singuler felons goods, reliefes, wardes, mariages, escheats, hariots, aduowsons, and patronages of churches, in any wise to the said lordships belonging. To haue, hold, occup [...]e, and peaceably to possesse and inioy the said site, manors, or lordships, and all and singuler the premisses with their appurtenances (except before excepted) vnto the said A. D. &c. in as ample and large maner and forme, and as much for his commoditie & profit, as euer any being Prior of T. aforesaid, or any other farmer, occupier, or possessor of the same, haue at any time heretofore lawfully occupied, possessed, or inioied the premisses, or any part or parcel thereof. Yeelding and paying therefore yerely vnto the said Deane and Canons, & to their successors &c. And the said A. couenanteth &c. that he the said A. his executors or assignes, shal at his or their proper costes and charges, wel and sufficiently repaire, sustaine, and vphold the said manor place, and all other houses, barnes, and stables, and all maner of tenements and buildings, now builded, during the said terme of &c. or to be builded to the saidmanor of T. and C. or to either of them belonging or appertaining during the said terme. And also well and sufficiently keepe, scowre & repaire all maner of hedges, diches, and muds, of, and in the said lands of the said manors & other the premisses, during the said terme, & so being well and sufficiently repaired, in the end of the said terme shall leaue and yeeld vp the fame. And the said Deane and Canons couenant &c. to beare and maintaine all maner of reparations of Chauncels of all such Churches as belong to any of the said manors, or that now be, or that herafter shalbe scituat, edified, or builded in any of the said [Page] townes, villages, or hamlets before mencioned, or vpon any the said lands, tenements, or other the premisses. And also to discharge or saue harmles the said A. D. his executors & assignes of al such things as are due, by reason of a composition made betweene the late Prior of T. and the Parochians of &c. bearing date the tenth of Ianuarie, Anno Do. 1550. as in the same compositiō more plainly is declared.

And also the said A. couenanteth &c. to acquite and discharge or saue harmlesse the said Deane &c. of and for all maner of quite rents, and other charges whatsoeuer they be, due or accustomed to be paied out of the said manors or lordships, or out of eyther of them, or other the premisses, or any parcel thereof, to our Soueraigne Ladie the Q. the chiefe Lord of the fee or fees therof, or to any other person or persons whatsoeuer they be during the said terme, hauing their commencemēt, beginning, and being before the date of these presents, the tenth or tenths out of any of the premisses due vnto our Soueraigne Ladie the Q. onely excepted, which the said Deane and Canons and their successours shall beare and pay, during the said terme. And moreouer the said Deane &c. by these presents do licēce & aucthorize the said A. and also doth couenant &c. that he the said A. his executors or assignes, by his or their sufficient deputie or deputies, shall keepe the Courts and leetes within the said manors and lordships, or with in either of them, in the name of the said Deane, whē and as often as it shal seeme good vnto the said A. his executors or assignes, without fee or other allowance demaunding of any person or persons for the same, during the said terme. And also the said A. couenanteth &c. to leuie, gather, and receiue to the vse of the said Deane and Canons, and their successors, all such rents as be excepted and reserued out of this Indenture, & mencioned in the said Scedule indented, hereunto annexed, at such time as they shalbe by the law recouered, or by any other way or meanes sufficiently or lawfully tried & proued against the said tenants or deteynors or withholders of the said rentes and duties to be payable vnto the said Deane and Canons, which he the said A. D. may obtain or get, without costs & charges in the law to be had or made by the said A. for the s [...]me, and for the collectiō therof to demand no fee or other allowance whatsoeuer, of the said Deane and Canons vpon his accompt thereof to be made before the Auditors of the said Deane and Canons & their successors during the said terme.

Also the said A. couenanteth &c. to make payment, at and within the said Colledge of the said yeerely rent of &c. equally at the termes of paiment before specified, to the hands of the Treasorer of the said [Page] Colledge, at his owne proper costes and charges, without allowance taken for the same during the said terme. And the said Deane and Canons for them and their successors, do couenant &c. that the acquitance made, sealed, & signed by the Treasorers of the said Colledge, or by either of them to the said A. or his executors, or his assignes, for the paiment of the same yearely rent, or any part or parcell thereof, in maner & forme before mentioned, shalbe a good, sure, & sufficient warrant and discharge vnto the said A. his executors & assignes, and to his or their deputie or deputies for the paiment therof. And if it happen that the said yearely rent of &c. to be behind &c. as in distresses

And if it happen the said yearely rent of &c. to be behinde vnpaied in part or in all, after any of those feastes of paiment before mencioned, by the space of three Moneths, and lawfully asked or demanded, at, or in the said mansion house of T. aforesaid, and no sufficient distresse can there be found vpon the said tenements and premisses, for the same rent so behinde: That then &c. as in Reentries. And the said Deane and Canons couenanten &c. that if the said A. his executors and assignes, shall happen at any time hereafter to be euicted or dispossessed of any of the premisses, or any part or parcel therof without couin or fraud on the part of the said A. his executors or assignes: That then the said rent of &c. shalbe apporcioned and diminished accordingly, and after such rate & portion, as the quantitie and value of the said lands, tenements, rents, hereditaments, and other dueties, parcel of the premisses so euicted or taken from the possession or occupation of the said A. his executors or assignes, shall amount and arise vnto. And that it shall be lawfull vnto the said A. his executors or assignes, to defalke and retaine so much of his rent at euery of the said paiments: This Indenture &c. notwithstanding. And further the said Deane & Canons, for them and their successors couenant, conclude, graunt, and promise &c. As in couenants of further assurance.

And the said A. couenanteth &c. to find house, lodging, meat, stable, hay & prouender for the horses of the said Dean & Canons and other comming with him or them in progresse once in the yere by the space of two daies and two nights, the said Deane & Canons, and their successors, paying reasonable for only meat & drinke so prouided during the terme aforesaid. And further the said A. couenanteth &c. that he his executors & assignes, shall at the end & terme of euery xii. yeres (during the said terme) deliuer, or cause to be deliuered vnto the said Deane &c. the Court rolles well and truely ingrossed in parchment, at his and their costes and charges of such Court as shalbe kept in the [Page] said manors of T. & C. during any of the said 12. yeres, and also at the end of euery such 12. yeres, he the said A. his executors or assigns shal as neare as they can, deliuer, or cause to be deliuered to the said deane &c. in maner before rehearsed, a true terrar or boundary of al the lāds and tenements, rents & seruices, being parcel or in any wise appertaining to the said manors. And the said Deane & Canons couenanten &c. that they shal deliuer, or cause to be deliuered vnto the said A. &c. at such time as they shalbe thereunto required, one or two of their most true terrars or boundaries, whereby the said A. his executors or assignes may the better come to knowledge of al the said lands, tenements, rents, & seruices appertaining to the said manors. And the said Deane and Canons, & their successors al the said manors &c. as in couenants of quiet inioying & sauing harmelesse. And also where the said A. standeth boūden vnto the said Deane & canons & their successors, by his deede obligatory bearing date with these presents, in the summe of &c. the said Dean & Canōs couenanten &c. that if y^• said A. his &c. do wel & truly obserue, performe, fulfil & keepe all & singular such couenants, grants, promises, articles, & agremēts comprised in this Indenture, which on the part & behalf of the said A. his executors, administrators & assigns, ought to be obserued, performed, fulfilled & kept: That then the said deede obligatorie to be voide & of none effect, or els to stand in his full strength and vertue. And the saide Deane & Canons &c. that it shalbe lawful to the said H. his executors and assignes, to haue and to take, in, & vpon the said lands before letten, competent & sufficient firebote, cartbote, plowbote, & hedgebote to be occupied and spent in and vpon the lands and tenements aforesaid, at all times during the said terme. In witnesse &c.

¶ A Lease for yeares in the court of Wards.

THis Indenture &c. vt supra 330. a. and W. P. of the other partie, Sect. 437. Witnesseth, that our said Soueraigne Lady, with the aduise of the Master and Councell of her graces court of Wards & Liueries, for and in consideration of the summe of &c. to the Receiuor general of the Q. said court of Wards & liueries, to her highnesse vse in hand paied, is contented and pleased to graunt, and by these presents doth grant, demise, & to farme let, vnto y^• said W. P. parcel of the said lāds and possessions late of G. H. deceased, in the Countie of C. hereafter particularly declared, viz. One tenement with thappurtenances &c. Reciting all the lands particularly. All which premisses before recited, [Page] in R. C. & T. amount in the whole to the cleere yerely value & rent of xii. li. iii. s̄. being in the hands and possession of our said Soueraigne Ladie by the minoritie of T. H. the Queenes Maiesties ward, excepted and alwaies reserued out of the said graunt, all aduowsons, presentations, nominations, gifts of Churches, & spirituall promotions, woods, vnderwoods, sauing such as are before specially named, wardes, mariages, knights fees, reliefes, fines, heriots, and mines of mettall, stone and coale, rising and growing in and vpon the said lands, tenements, and other the premisses with the appurtenances, or any part thereof, during the minoritie of the said heire. To haue and to hold the said landes, tenements, and other the premisses with the appurtenances (except before excepted) to the said W. P. & his assignes, from the death of the said S. H. during the minoritie of the said heire. Yelding & paying therefore yerely during the said terme, to the Q. feodary of the said coūty of C. or to his lawfull deputie, for the time being, to her highnes vse, the summe of &c. at the feasts of &c. by euen portions. And the said W. P. couenanteth &c. for him & his assignes, by these presents, that he the said W. P. & his assignes, ouer & besides the said rent, before reserued, shal also content & pay to the Receiuer general of the Q. court of Wardes & liueries, to the vse of our Soueraigne L. or of her heires & successors all such summes of money, which shall hereafter he found due & payable in the said Court, for the mean rates & profits of the said lands, tenements, & other the premisses with thappurtenances, vntill such time as the said lands, &c. be prosecuted and had, out of the hands & possession of our said Soueraigne L. or of her heires and successors, by Liuerie, Ouster le maine, or otherwise, according to thorder of the law. And the said W. P. couenanteth &c. for him and his assignes, by these presents, that he the said W. P. & his assignes, during the said terme, shall at his and their owne proper costes and charges, make or cause to be made, all maner of necessarie and needfull reparations, vpon the faid landes, &c. when and as often as neede shall require, and sufficiently repaired, at the end of the said terme shall leaue the same, & shall discharge, content, & pay yerely all rents, tenths, & other charges lawfully demanded, & going out of the said lands, tenements, & other the premisses with the appurtenāces. And likewise also shal frō time to time, permit & suffer the said Feodary for the time being, to surney the said lands, &c. aswell for the knowledge of the performance of the couenants, contained in this Indenture, on the behalf of the said W. P. and his assignes, as of all wastes, incommodities, hurts & decayes [Page] alreadie fallen, and which may rise and grow, to the hinderance of the said heire or to the impairement of the Queenes right and profit, and shall at all times hereafter be contented to receiue and fulfil all such further orders which the said Master and Counsell shall take for the redresse of any such default found by the said suruey: So as neyther the Q. nor her highnes said ward, do sustaine any losse or preiudice, by their negligence, for lack of their helpe, to whom the charge appertaineth. And the said W. P. couenanteth &c. for him and his assignes by these presents, that if at any time hereafter by the suruey of the said Master and Counsell, or any other by them aucthorized, it be found, that the said lands, tenements, & other the premisses with the appurtenances, were of more, better, and yeerely value or rent, at the time of the making hereof, then the rent before reserued doth amount vnto, or that any rent or profit wherof the Q. ought to be aunswered, be omitted, & not truely reserued vpon this lease: That then the said W. P. & his assignes shal contēt & pay, yerely during the said term, to the said Feodary for the time being, to her highnes vse, at the feasts before limitted, for the payment of the said rent, the ouerplus found by the said suruey, to be aboue the said rent of &c. & shall likewise content & pay tharrerages of the same ouerplus from the beginning of this lease & grant. And further that neither he the said W. P. nor his assignes, shall do, or suffer to be done any strepe, (vt supra 369. a.) And it is agreed on the behalfe of the Q. by the said M. and Counsel, that he the said W. P. & his assignes during the said terme, shal haue and take vpon him the said lands &c. by thassignemēt of the said M. & Counsel, or any other by them aucthorized, sufficient housebote, firebote, & cartbote, onely to be vsed & expended, in, and vpon the said lands &c. And the said W. P. couenanteth &c. (vt supra 369.) And shal once in euery yere during the said term, bring or send to the Auditor general of the said Court of wards & liueries his acquitāces, declaring payment of the rent before reserued, & hereafter growing vpon this lease, & also bring the same lease, within one halfe yere next after the date hereof, vnto the Auditor aforesaid, to haue y^• same there inrolled, as the same Auditor may haue perfect knowledge & vnderstanding how to charge & allow the said rent or other charge ryfing vpon this lease, at all times when need shall require. And it is prouided on the behalfe of the Q. by the said M. & Counsell, that if at any time hereafter, during the said terme, it fortune y^• said rent (As in Reentries & distresses) vntil her highnes be fully answered & paid, aswel of the said rent, & tharrerages therof, as of the value of the detriment [Page] and damage sustained by the breaking of the said couenants, or of any clause or article before mentioned, this lease or any thing therein contained to the contrary &c. In witnesse &c. vt supra 330 b.

¶ A Lease of a brewhouse.

THis Indenture &c. Betweene A. B. and E. D. Witnesseth, that Sect. 438. the said A. B. hath demised &c. to the said E. D. all that his brewhouse with all and singu\l=l"\er thappurtenances called N. set lying & being in F. in the parish of &c. together with all maner vessels & vtensils to the said Brewhouse belonging, or in any maner wise appertaining, vz. ii. horse Mils, price &c. ii. great leads, price &c, one mash fat, price &c. x. barels, price &c. together with all maner of vessels & vtensils contained in a certaine scedule hereunto annexed, To haue &c. And the said E. D. couenanteth &c. that he the said E. his &c. shall well, truely and sufficiently maintaine, repaire & sustaine the said brewhouse, vessels & vtensils &c. during the said terme. Prouided alwaies, that if any of the said vessels or vtensils shall need, during the terme aforesaid, by meanes of oldnes to be renewed: That then the said A. B. his &c. shall of his & their proper costes and charges, renewe all & euery such vessels or vtensils so to be renued, as oft as neede shall require during the said terme: So that the same be not broken or destroyed by the default or negligence of the said E. or his seruants. In witnes &c.

¶ A Lease of Corne or graine by the King.

HEc Indentura facta inter dn̄um Reg. ex vna ꝑte, & I. C. Milit̄ ex Sect. 439. altera parte, Testat̄ quod idē dn̄us Rex ꝑ aduisam̄t̄ consilij cur̄ Augm̄tac' reuention̄ Coronae suae, tradidit, concessit, & ad firmā dimisit p̄f. I. C. oīa illa ducenta quarteria hordei, & quadraginta quarter̄ frum̄ti boni & suauis grani, quae firmarius seu firmarij Rectoriae de O. & H. in com̄ L. ꝑcel poss. nu ꝑ Monaster̄ de N. in com̄ Ebor̄, ꝓ & nomine redd' siue annualis firmae eiusd' Rector̄ dicto dn̄o Regi annuatim reddere & deliberare debent seu debet. Habend', gaudend', & annuat̄ ꝑ [...]ipiend hordeum & frum̄t p̄d' p̄f. I. C. & assign̄ suis, a festo S. Mar̄ Euang. vltimo p̄terito, vsque ad finem term̄, & ꝑ term̄ xxj. annor̄ extunc ꝓx. sequen̄ & plenar̄ complen̄dor̄. Redd inde annuatim dict' dn̄o regi, haered' & successor̄ suis xl. li. xiij. s. iiii. d. legalis monet̄ Angl', v [...]. ꝓ p̄d' CC. quarterijs hordei xxx. li. & ꝓ p̄d' xl. quarter̄ frumenti x. li. xiij. s. iiij. d. ad festum S. Marci Euang' & S. Kather̄ in hiem̄, vel infra vnum mensem post vrrumque festumfestor̄ illor̄ ad curiam p̄d', ꝑ aequales por [...]iones soluend' durante termino p̄d' &c. vt supra.

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¶ A Lease of a Warren of Conies.

THis Indenture &c. Witnesseth, that the said W. B. hath demised Sect. 440. &c. to the said S. I. & T. all that warren called B. heath warren in H. in the said county, bounden as followeth, v [...]. from a place called W. farme, vnto a certain close called H. close, &c. vnto a certain lodge therupō: And also the liberty of keeping, feeding, & killing of Conies, of, & within the said ground called B. as it is before in these presents limitted and bounden: And also the liberty & right which the said W. now hath, or of right ought to haue, to fetch home, or kill the conies straying in H. parke and N. closes, or any other grounds, lying on the North side of the becke running from West fenne aforesaide, vnto a bridge called S. Mildreds bridge within the bounds of H. & N. aforsaid. To haue & to hold &c. Yeelding & paying &c. Prouided alway, & it is agreed between the said parties by these presents, that the same S. I. & T. their executors or assignes, shall not willingly suffer any Conies to breede within any of the grounds where the said Conies shall fortune to stray, as is aforesaid, nor shall by themselues, their assignes or seruants, willingly preiudice or damage any man being owner or farmer of the same grounds, by breaking of the fences, or digging of his or their soile, or by any other wayes or meanes, as litle as may be. And the saide S. I. and T. couenaunt &c. as in couenants to repaire. And also shall leaue the said Borowes in the foresaid ground to them demised, whole, tenantable, and not mangled or decayed. And the said S. I. and T. doe further couenant &c. that then the said S. I. and T. their executors or assignes, shall leaue, in, and vppon the demised premisses, tenne hundred of liuing Conies, at the ende of the said terme, whereof the one halfe to be blacke, and the other halfe gray, or pay & recompence vnto the saide W. B. his executors or assignes, for euery hundred of the said black conies that then shall be wanting, [...]iii. s. iiii. d. and for euery hundred of gray that shall be wanting xxx. s. the same to be viewed by foure indifferent men, whereof two to bee chosen by the said W. B. & other two by the said S. and the said W. B. to be at his choycethereof. And it is agreed betweene the said parties by these presents, that if the saide W. doe make choyce to take the money that shalbe agreed vpon, in lieu & recompence of so many of the said co [...]es as shalbe wanting after that rate aforesaid: That then the said S. I. & T. their executors or assignes, shall haue day for the paiment of the same money so agreed vpon, vntill the feast of &c. any thing before in these presents mentioned or contained to the contrary in any wise [Page] notwithstanding. And it is further agreed betweene the said parties to these presents, that the said S. I. and T. their executors or assignes shall at the ende of the saide terme leaue all the traps or falles now being, or which hereafter shalbe made, set, or planted, in, & vpon the said demised premisses, & euery part thereof, well and sufficiently made and planted. In witnesse &c.

¶ A lease of fish and pondes.

THis Indenture tripartite indented &c. betweene M. W. on the Sect. 441. one partie, & T. E. on the second party, & H. W. on the third partie, Witnesseth, that the said M. W. hath demised &c. to the said T. E. & H. W. all those his three pooles, ponds, & dams in P. in the countie of N. wherof the one is called &c. damme, the other is called &c. & the third is called &c. & are parcel of &c. all which said pooles & dams the said M. W. hath of lease & demise of our Soueraign Lady vnder her graces seale of &c. To haue & to hold the said 3. pooles, ponds, & dams to the said T. E. his heirs & assigns, from the feast of &c. next &c. with free entrie, egresse & regresse, to & from y^• same pooles, throughout the pastures & closes of y^• said H. W. at all times reasonable hereafter from time to time during the said terme. In consideration of which lease & demise so made to the said T. E. & H. W. in maner & forme aforesaid, the said T. E. & H. W. seuerally couenant &c. that the said M. during the said terme, if hee the said M. doe so long liue, shall haue the 3. part of the said fish that shall come, fall, rise, & grow within the said three pooles, at euery such time as the said T. E. & H. W. or any of them shall happen to let out the same three pooles, or any of them. In witnesse &c.

¶ A lease for yeares of lands and Milles.

REgina omnibꝰ &c. Sciatis quod nos de aduisamēto Cancellar̄ Sect. 442. & vnius general' superuisorū ac atturnat̄ Curie nostr̄ augmentation̄ & reuenc' Coronae nostrae, in absentia T. M. Militis alterius general' superuisorū eiusd' curiae ꝓ fine xij. li. legalis &c. ad manꝰ Thesaur̄ cur̄ p̄dict' ad vsū nostrū prae manibꝰ solut̄, Tradidimus, concess. & ad firmā dimisimus dilecto nobis A. D. omnes illas C. acr̄ terr̄ &c. iacen̄ & existen̄ in cōmunibꝰ campis de C. in com̄ nostro E. &c. ac etiam omnia & singula vagan̄ & extrah. nostr̄ annuatim ꝓuenien̄ & existen̄ insr̄ maner̄ de C. praed': Necnon passagiū aquae nostrae de D. iuxta castrū de C. p̄dict' cum oībus & singulis suis pertin̄ modo vel nu ꝑ in separal'tenur̄ siue occupationibꝰ &c. Necnō oīa illa duo molend' nostra aquatica, ac vnū molendinum nr̄um fullonicum cū ꝑtinen̄, situat̄ & existen̄ infra dominiū de C. praedict'. Ac omnia domos [Page] aedificia, gardin̄, aquas, aquarum cursus, gurgites, piscar̄, piscationes proficua, commoditates, & haereditament̄ nostr̄ quaecun (que) cum ꝑtin̄ dictis molend', siue eorum alicui quoquo modo spectant̄ & ꝑtinen̄ aut cum eisdem molendin̄ ante haec dimiss. locat̄, vsitat̄, seu occupat̄, existen̄ modo vel nuper in tenura siue occupatione &c. Quae omnia & singula premissa sunt parcell' possession̄ nostr̄ Ducatus nostr̄ Ebor. Except̄ tamē semper nobis, haered', & successor̄ nostr̄ & omnino reseruat̄ oībus bosc' & subbose', de, in, & super praemiss. crescen̄ & existen̄. Habend' & tenend' praedict' terr̄, molendin̄ ac caetera p̄missa cum pertinētibꝰ (exceptis praeexcept̄) praef. A. D. Militi, execut̄ & assign̄ suis, à festo &c. post datū p̄sentium, vs (que) finem, terminū, & pro termino xxj. annorum extunc ꝓxim̄ sequen̄, & plenarie complend' Reddend' annuatim nobis haered', & successor̄ nr̄is, de, & pro p̄dict' terr̄ & caeteris praemiss. in separalibꝰ tenur̄ siue occupationibus praedictorū &c. vt praefert̄, existen̄ vj. li. ac de & pro praed' molendin̄ & caeteris praemiss. in tenur̄ dicta &c. vt p̄fertur, existen̄ vj. li. legalis monet̄ Angliae, ad festa &c. vel infra vnum mēsem post vtrun (que) festum festorum illorū, ad manus Balliuorū vel Receptorū p̄missorum pro tempore existent̄, ꝑ aequales portiones soluend' durāte toto termino p̄dict'. Et praed' A. executor̄, administrat̄, et assignat̄ sui, oīa domos et aedific' praemissor̄, ac omnes alias necessar̄ reparationes p̄missorū in omnibꝰ, et per oīa, de tempore in tempus, toties, quoties necessar̄ et opportun̄ fuerit, bene et sufficient̄ supportabunt, sustinebūt, et ma nutenebunt, durant̄ termino p̄dict', ac tenemēta illa et praemiss. sufficient̄ reparat in fine termini p̄dict' dimittent. Et vlterius volumus, ac per p̄sentes concedimus p̄fat̄ A. D. execut̄ et assignat̄ suis, qd' ben̄ licebit eis de tempore in tempus, capere, percipere, et habere cōpetent̄ et sufficient̄ housebot̄, et maerem̄, achedgebote, firebote, plowbote, et cartbote, de, in, et su ꝑ p̄dict' tenement̄ et praemiss. crescent̄ ibid' et non alibi, annuatim expend' et occupand' durante termino praed'. Prouiso semper, quod si contigerit praedict' separales redit̄, aut eorū alterum aretro fore &c. quod tunc et deinceps haec praesens dimis. et concess. vacua sit, ac pro nullo habeat̄: aliquo in praesentibus in contrariū inde non obstāte, & aliquo statuto &c. In cuius rei &c.

¶ A lease for yeares of Charter lands as Copyhold.

THis Indenture &c. betweene I. B. and T. H. Witnesseth, that Sect. 443. where the said I. B. is seised to him and to his heires in fee simple, of, & in the manor of W. in the said Countie of N. and also of certaine messuages &c. in W. aforesaid. And where also the said I. B. at [Page] the speciall sute and desire of diuers of his tenants of the said manor, is pleased and contented to demise &c. the said purchased lands to his said tenants, in the maner & nature of Copihold lands of the said manor, as neere as may be, to the intent, that they the same tenants may better maintaine their housholds and familie, he the same I. B. doth by these presents demise &c. vnto the said T. H. one messuage, and xl. acres of land &c. To haue and to hold the said messuage &c. to the said T. H. his &c. vntill the end and terme of &c. then next following &c. Yelding and paying therefore &c. And also yeerely during the said terme seuen boone daies: That is to say, two plough daies, three haruest daies, one hay day, one weeding day, & in like maner & forme as the Copyholders of the same manor, do, & haue vsed to do for their boone daies. And ouer this also two Hennes, yeerely at the feast of &c. And also ten Egges at Easter yerely during this present lease. And also sute to the Court of the same manor yerely during the said terme, as other ancient customarie tenants do for their copyholdes of the said manor. And the said T. H. for him, his heires and assignes doth couenant &c. to cōtent & pay vnto the said I. B. his heirs, executors, administrators, and assignes, owners and possessors of the said manor, at all times, & frō time to time during this present lease, at euery alienation, deuise, or exchange, hereafter to be made by the said T. H. his heires, executors, administrators, or assignes, or any of them of the said estate, lease, or terme of yeres, or of any parcel therof, or of, or in the premisses letten by this present Indenture, or any parcell of the same. And also at euery time and times that the said T. H. his executors, administrators or assignes, shall die possessed of the said estate, lease, or terme of yeres, or of any part or parcell thereof, or of, or in the said premisses, or of any part of the same, & all and euery other lawfull departing by any other maner of meanes from the possession of the said premisses, or any part thereof two shillings &c. for euery acre, in the name of a fine, and so after that rate for euery part and parcell of the same to be alienated, exchanged, or departed lawfully withall by the said T. H. his heires, executors, administrators, or assignes, or any of them, at anie time or times hereafter, whereof they or any of them shal die possessed during the said lease, as is aforesaid. Prouided alwaies, that the said T. H. his executors and assignes, and euery of them, shall and may alien the same premisses, or any parcell thereof, from yeare to yeare onely, and not otherwise demise or alien the same premisses, or any part or parcell thereof, without any fine or summe of money to be payed to the said I. B. his [Page] heires and assignes, for any such demise, grant or lease, or alienation, from yeere to yeere onely, as is last aforesaid. And that also the said T. H. his executors, administrators, and assignes, and euerie of them shall at all times, and from time to time yearely during this present lease, do such sute to the Court of the manor, as is before remembred. And also do and beare the reparatiōs of the said messuages taken from time to time, hauing such timber as is, or shalbe growing vpon the said premisses towardes the same. And ouer that, shall beare, execute, and pay all and euery thing & things for the said premisses, taken by these present Indentures rateably, and in such maner and forme, to all intents and purposes, as any of the customarie tenants & copiholders of the same manor, do, or ought to do for their customary lands and tenements, parcel of the manor aforesaid, of the like value and quantity. And the said T. for himselfe &c. couenanteth &c. that the said I. B. &c. shal and may inclose, and keepe inclosed so much of the premisses lettē by these present Indētures, as at this time is not inclosed, & euery parcell thereof, for all the sheepe of the said I. B. his heires and assignes, being owner or owners of the said manors, and of all and euery the farmes of the said I. B. his heires or assignes, or any of them in W. aforesaid, parcell or belonging, of, or to the said manor yerely during this present lease, in the open time of the yeere, in as ample and large maner & forme, as the said I. B. his heires or assignes should, ought, or might to haue done, if this lease had neuer b [...]n had ne made. And if it shall fortune that the said T. H. his executors, administrators, or assignes, or any of thē at any time or times hereafter during this present lease, willingly and aduisedly to interrupt and disturbe the said I. B. &c. or any of them, or his or their farmors aforesaid, or any of them, quietly to haue, vse, take, and inioy the said groūds to be inclosed for sheepe, in such maner & forme as is before declared: That then he the said T. H. for euery such disturbance or interruption, as is aforesaid, shal forfait & lose to the said I. B. his heires or assignes, Lords and owners of the said manor, such paines and summes of money, as bin hereafter expressed: that is to say: For the first interruption or disturbance as is aforesaid xii. d. for the second interruption or disturbance xviii. d. and for the third interruption ii. s̄. and from thenceforth for euery disturbance or interruption twice double the paine and summe next before the said interruption. And if it shall fortune the said T. H. his executors &c. at any time or times hereafter during this present lease to make default of payment of the said yearly rent, in forme before remembred, or of the [Page] said sum of money in the name of a [...]e or sines, or of the said paines or forfaitures, in maner and forme before declared to bee paide, or to breake any couenant or grant before remembred, which on the part of the said T. H. his executors, administrators, or assignes are to bee performed, paied, or kept: That then it shall be lawfull vnto the said I. B. his heirs and assignes, owners and possessors of the said manor to enter into all and singular the said &c. As in distresses, and the same to detaine and keepe, vntil the said T. &c. the said yerely rent shal wel and truly content and pay vnto the said I. B. his heires or assignes. And the said fines, paines, forfaitures, and summes of money beforeremembred, with the arrerages of the same if any shall be, and euerie parcell thereof, and also shal haue made a reasonable recompence and amendes to the said I. B. his heires or assignes, of, and for the breach of any couenant or couenants before remembred, and for any damage by him or them sustained by reason of the same. And also as often as the said yerely rents and farmes, and the said fines, paines, forfaitures, or summes of money shal be vnpaied, or any of them, or any couenant or couenants aforesaid shall be broken during the said terme of three yeres. Prouided alwaies, that if T. H. his executors, administrators, or assignes, shall doe, or willingly or negligently suffer to be done, any wast in the houses or buildings of the said mesuages demised by these presents, & the selfe same wast shalbe lawfully presented at 3. of the most vsuall courts of the said manor to be there holden next after the said wast done and committed, and reasonable amerciaments & paines therefore presented & set by the homage of the said Manor for the time being, and at the courts of the saide manor: And that if the said wast be not amended and repaired within one quarter of a yere, next insuing the said seuerall courts before remembred, and lawfull warning thereof giuen by the Bailife of the said manor for the time being to the said T. H. his executors or assignes, at the saide messuage: That then it shalbe lawful to the said I. B. his heires and assignes and euery of them into the said manor &c. As in Reentries, In witnesse &c.

¶ A lease of a Parsonage for yeares.

THis Indenture made &c. betweene T. R. and R. W. &c. Witnesseth, Sect. 444. that the said R. W. &c. hath demised &c. to the said T. R. &c all that the Church, Rectorie, and Personage of T. aforesaide in the said Countie of Y. and the mansion or dwelling house of the same, with all other houses, edifices, and buyldings, Orchardes, gar [...], [Page] glebe lands, and other meadowes, pastures, commons, woods, coale, and colemines, rents, reuersions, seruices, tithes, fruits, profits, oblations, obuentions, commodities, emoluments, portions, annuities, franchises, casualties, wards, marriages, reliefes, escheates, heriots, woods, vnderwoods, courts, perquisites of Courts, and aduantages with the appurtenances to the said Church, Rectorie, or Parsonage belonging, or therewith heeretofore vsed, letted, or occupied, and accepted, and taken as part, parcell, or member thereof, or of anie part thereof: And the Aduowson of the Vicarage of T. aforesaide, in the occupation of &c. Except onely and reserued vnto the saide R. and his assignes, one Chamber opening into the Churchyarde of T. aforesaid, and &c. with free ingresse, egresse and regresse, to and from the same. To haue and to hold all the said Church, Rectorie, or Parsonage, mansion house, cottages, glebe lands and tithes, and other the demised premisses with thappurtenances (except before excepted) vnto the said R. his executors, administrators, and assignes, from the feast of &c. vnto the full end and terme of three yeres thence next insuing fully to be complete and ended (if the said R. so long doe liue) and so from three yeares to three yeares, continually during the terme of xxi. yeares next insuing &c. of &c. if the saide R. so long doe liue. Yeelding and paying &c. And if it happen the said yerely rent of &c. And the said R. for himselfe &c. that hee the said R. his executors, administrators, and assignes, and euery of them, at his and their owne proper costes and charges, shall and will at all and euerie time and times hereafter during the said termes, wel and sufficiently repaire, maintaine, vphold, and keepe the Chauncell of the Parish Church of T. aforesaide, and the saide mansion house, and all other houses now being set or builded vpon the demised premisses, or any part thereof (except before excepted) with all maner of necessarie reparations, within reasonable and conuenient time after such reparations or amendment of the premisses, or of any part thereof shall be needfull, and in the end of the saide terme so sufficiently repaired and maintained to leaue the same. And the saide T. R. couenanteth &c. that he the said T. his heires, executors, administrators, and assignes, and euery of them, at his and their onely proper costes and charges, shall and will find and giue vnto the saide R. W. and his assignes, sufficient grasse and pasture for one Gelding, nag, or mare, in such parts of the demeane landes of the manor of T. aforesaid, as horses or geldings shall go and pasture in, from the first day of May, vnto the feast of Saint Martine the Bishoppe in Winter, [Page] yeerely euery yeere during all the said termes. And to giue and deliuer vnto the said R. yeerely during the said termes, at the mansion house of the said Parsonage, two sufficient wayne loades of good Hay, and three ruckes of good Coale, commonly called Sea cole or stone cole. And that he the said T. his executors, administrators, and assignes, at his and their proper costes and charges, shal and will make, beare, and pay all maner of First fruites, Tenthes, Subsidies, Fifteenes, Sinodes, Priories, Beneuolences, and all maner of other charges, duties, payments, fines, summes of money, ordinarie and extraordinarie, as well for seruing of the cure of the said Parish, as otherwise, which now be due, or at any time hereafter during the said termes shall be due or going out of the said Church, Rectorie, or Parsonage, or payable for, or by reason of the same to any person or persons during the said termes, except Quarter Sermons, visitations, and seruing of the Cure of the said Parish. And the said R. for &c. to, and with the said T. his executors, administrators, and assignes, and euery of them, paying the rentes, and performing the conditions and couenants in these presents expressed, on their partes to be paied and performed during all the said termes, (if the said R. so long do liue) shall and may peaceably and quietly haue, hold, occupie, and inioy all the said Church, Rectorie, and Parsonage, mansion house, cottage, glebe landes, tithes, and all other the demised tenements and premisses with the appurtenances (except before excepted) according to the true meaning of these presents, without any lawfull let, sute, trouble, euiction, or expulsion of the said R. his executors or administrators, or any other person or persons lawfully hauing any estate or interest, of, and in the said demised tenementes and premisses, or any part thereof, by the gifte or graunt of the said R. other then the said T. and W. W. and their assignes, of such parcels of the said premisses, as are vnto them, or either of them graunted before the making hereof. And the said R. for himselfe, his executors, and administrators, and euery of them, doth couenant and graunt &c. to and with the said T. &c. that hee the said R. will not at any time during the said termes, resigne, yeeld vp, or exchaunge the said benefice or Rectorie, or take any other benefice with cure of soule, or be absent or nonresident from the same benefice, contrarie to the forme of the Statute in that behalfe prouided, or do procure, cause, or suffer to be done any other act or actes, by meanes whereof he shall or may lawfully de dismissed, discharged or depriued, of, & frō the said Benefice, [Page] or whereby the profites thereof shall or may be lawfully sequestred, or which may or might in any wise be preiudiciall or hurtfull to the said T. R. his executors or assignes, in the hauing & inioying of the Parsonage and premisses, or any part thereof during the said terme, contrarie to the true meaning hereof. And the said T. &c. that all the said glebe lands belonging to the said Rectorie shalbe occupied during all the said termes so distinctly and orderly, that the same and euery part therof, shall and may sufficiētly be knowen to be the glebe lands of the said Rectorie, & not to be confusedly plowed or mingled with other lāds, to the disinheriting of the said R. W. and his successors Parsons there. And the said R. couenanteth and graunteth by these presents, that he the said R. at all times conuenient, during the said termes, shall and will diligently teach and informe, in writing, reading, and the Latine tongue, all and euery such child & children of the said T. as during the termes shal for that purpose repaire vnto him the said R. in the parish Church of T. aforesaid, or in some other place for that purpose meete and conuenient. And that he the said R. W. or his sufficient deputie or deputies, shal wel and dulie serue the cure of the said Church, and minister all the Sacraments and Sacramentals to the Parishioners of the same, at all times during the said terme as often as neede shall require. Which said yerely rent of x. pound &c. the said T. R. couenanteth and graunteth by these presents, to, and with the said R. truely to content and pay yerely vnto the said R. W. at &c. at the feastes and daies of payment aforesaid, or within the space of xx. daies, next and immediatly insuing the same feaste and daies of payment, for, and by all such time as the said R. W. shall continue and be Parson of the said Church of T. &c. And the said T. R. couenanteth &c. that he the same T. his executors and assignes, at their proper costs & charges during the terme, shal find an able and sufficient Priest to serue and keepe the cure of T. being a member or Chappel of the said Parsonage to find and say Diuine seruice daily, & there to minister diuine Sacraments & Sacramentals to the Parishioners there inhabiting during the terme aforesaid. And also it is agreed betweene the said parties &c. that the same T. R. nor his executors ne assignes, shall not sell, giue, ne grant during the said terme, any part of the woods belonging to the said Parsonage, ne cut downe any part thereof, but onely for the necessarie housebote, hedgebote, plowbote, and firebote, to be spent only in, vpon, and about the premisses, In witnesse whereof &c.

[Page]

¶ A promise for a lease of a Parsonage.

PRouided neuerthelesse, & it is agreed, concluded, and graunted Sect. 445. betweene the said parties, & the said I. H. for him, his executors, administrators, and assignes, and euery of [...]m doth couenant, promise, and graunt, to and with the said R. S. his executors & assignes by these presents, That it shall be lawfull, to, and for the said R. at any time during the said terme, to resigne the said Rectorie or Parsonage of B. and other the premisses, at his free wil, liberty and pleasure, without breach of any couenant in these present Indentures contained: any couenant, graunt, article, promise, clause, or sentence in the same mentioned to the contrarie thereof in any wise notwithstanding. In witnesse &c.

¶ A couenant that the lessor may enter and fallow.

PRouided also, & neuertheles it is couenanted, graunted, concluded, Sect. 446. & fully agreed, by and between the said parties to these presents. And the said R. I. for himselfe, his executors and assignes, and euery of them doth couenant, graunt, promise, and agree, to, and with the said W. W. his heires & assignes, and euery of them by these presents, that it shall and may be lawfull, to and for the said W. W. his heires and assignes, and euery or any of them, at all & euery time and times conuenient, within the last yere of the said terme of xxi. yeres, to enter into and haue so much of the demised tenemēts & premisses with the appurtenances, as in the same yeere shall be meete to be fallowed, and to eare, plow, and fallow the same, and euery or any part thereof, according to the vsage and custome of the Countrey there in that behalfe, without any let, interruption, or disturbance of the said R. I. his executors and assignes, or of any other person or persons by his or their, or any of their meanes, assent, or procurement.

¶ A Lease for yeares by the Patron and Parson, confirmed by the Bishop, Deane and Chapter.

THis Indenture made &c. Betweene T. E. of T. in the Countie of Sect. 447. Y. Esquire, Patron of one estate of inheritance of the Rectorie or Parsonage & parish Church of B. in the Coūtie of Y. And W. S. clerk, Parson of the same Rectorie or Parsonage and parish Church aforesaid of the one partie, And T. B. and R. B. of the other partie, Witnesseth that the said Patron and Parson for &c. haue demised, graunted &c. to the said T. B. and R. B. &c. the Rectorie or Parsonage and parish Church of B. aforesaid, and all the glebe landes vt [Page] supra in the Lease of a Parsonage. To haue and to holde the saide Rectorie &c. to the said T. B. and R. B. their executors &c. Yeelding and paying therefore, yerely to the said Parson & his successors &c. And if it fortune the said W. S. clerke, or any of his successors Parsons there, to be disposed hereafter to keepe hospitalitie, in, and vpon the mansion house of the said Parsonage: Then the said T. and R. B. for them their executors and assignes do couenant and graunt, to, and with the said W. S. clerk, his successors and assignes by these presents, that vpon two Monethes warning thereof to be giuen to the said T. B. and R. B. their executors and assignes, it shalbe lawful to the said Parson and his successors, to haue and occupie the hall and Butterie, and the Kitchin, with other houses of office expedient and necessarie for his and their hospitalitie, and stable roome for two geldings, parcell of the premisses, with free entrie, ingresse and regresse, into and from the same, during and by al the time of his & their hospitalitie keeping there onely and no longer: any thing herein expressed to the contrarie notwithstanding. In witnesse &c.

¶ The Bishops confirmation of the last lease.

¶ Et nos R. permissione diuina C. & L. Episcopus dioces. & Ordinarius Ecclesiae parochialis de B. praed', ac Rectoriae eiusdem nostrae C. & L. Dioc. visis & diligent̄ inspect' omnibꝰ & singulis actis, factis, gestis, cōcessis, conuentionibus, & confirmationibus, articulis, caeterisque p̄miss. supra specificat̄, habitaque primitus ꝑ nos in hac parte matura & diligenti examinatione, quia comperimus eadem omnia & singula ex iustis & rationabilibꝰ causis fuisse & esse fact' patrat̄ & concessa supranominatis T. B. & R. B. generos. ac assignat̄ suis ad terminū suprascriptum. Eadem oīa & singula, prout melius aut efficatius poterimus siue valemus aucthoritate nostr̄ Ordinar̄ & Pōtifical', ad omne nostr̄ officiū ꝙ exinde sequi poterit, aut quoquomodo licet seu debeat, pro nobis & successoribus nostris quātum in nobis est, scienter & expresse ratificamus, approbamus, & confirmamꝰ per praesentes. In quorum omniū & singulorū fidem & testimonium, ac in maiorem corundē corroborationem, sigillum nostrum p̄sentibus apposuimus. Dat̄ apud E. xxv. die mensis M. An. Do. 1592. Et regni illustrissimae in Christo principis, & dominae nostrae Dn̄ae Elizabethae dei gratia &c. Reg. fidei defensor̄, ac in terra Ecclesiae Anglicanae & Hibernicae supremi capitis xxiiij. Ac nostrae trans. primo.

¶ The Deanes and Chapters confirmation thereof.

¶ Et nos H. W. Decanus Ecclesiae Cathed' Lich. & Capitul' eiusdē [Page] visis & diligenter examinat̄ & inspect literis indētat̄ praesentibꝰ iam annex, vna cum confirmatione dn̄i Episcop̄ C. et Lich. super eisdem habitaque suꝑ eisdem deliberatione prouida atque matura. Quia in hac parte considerand inuenimus concessionem & ad firmā dimissionē Rector̄ in dictis literis specific' rite atque ꝓuide fore fact', id circo ea omnia & singula in eisdem contenta (quantū ad nos attinet) acceptamus, approbamus, & ratificamus, eademque tenore praesentium aucthoritate nostra Capitulari &c. xxviij. die mensis O. An. Do. 1592. vt proximo supra.

¶ A lease of landes by Executors.

THis Indenture made &c. Betweene M. P. of the one partie, & H. Sect. 448. M. & R. H. of &c. executors of the last wil and testament of R. B. knight deceased late Lord chiefe Iustice of the common Place of the other partie, Witnesseth, that where the summe of 300. pound of &c. being parcel of the late goods & cattels of the said R. B. knight deceased is for better suertie & aduancemēt of certain of the children of the said R. & for certain causes & considerations hereafter expressed, deliuered to the hands of the said T. W. by order taken in the high court of Chancerie, by the right Ho. Sir N. B. kn. L. keeper of the great scale of Eng. & by the assent of the said executors, vpon the hearing of the matter in controuersie betweene A. H. and Dame D. B. his wife, late the wife of R. B. of thene partie, & the said executors on thether party. And where also the said M. P, by his deed intended, be aring date &c. hath demised, granted, and to farme letten vnto one G. T. all that the manor of S. with the members & appurtenances, set, lying & being in &c. and all his mesuages, houses, buildings, lands, tenemēts, rents, reuersions, seruices, & hereditaments whatsoeuer with the appurtenances, situate, lying & being w^tin the parish of S. or els where in the Chanty of H. to haue, holde, occupie and inioy, all the said manors, &c. to the said G. T. from the day of the date of &c. vntill the end & terme of xx. yeeres, then next and immediatly, Yelding and paying therefore yeerely &c. Expressing the summe, limiting the place and times of payment. By force whereof the said G, T. in the said &c. before demised hath entred, & is thereof possessed accordingly. Now the said M. P. & T. W. in performance of the said order, & considaration of the said summe of &c. to him the said T. W. payed by the saide executors, before thinsealing herof, as is aforesaid, which said summe &c. aswel the said M. P. as the said T. W. acknowledged to be receiued of the said executors & thereof & of euery part and parcell thereof do acquite, discharge, and release the said executors & euery of them, [Page] their &c. and assignes by these presents, haue giuen, granted, bargayned and sold, & by these presents for them & their heires, doe cleerely giue, grant, and sel to the said H. M. and R. H. and to their heirs and assignes, al the reuersion, remainder, right, vse, and interest of the said manor of S. and other the premisses. * And of all lands, tenements, meadowes, pashires, woods, vnderwoods, rents, reuersions, seruices, aduowsons, and hereditaments whatsoeuer of the said M. P. within the said parish of S. and all the estate, title, vse, and interest of them the said M. and T. and ech of them, of, and in all and singular the said manors, landes, rents, and all other the premisses with the appurtenances: And all the euidences, deedes, writings and muniments concerning the premisses, or any part or parcell thereof. To haue and to hold all the said &c. (vt supra *) and all their euidences, deedes, writings, and muniments concerning the same, to the said H. M. and K. H. and to their heires and assignes for euermore, to the proper vse and behoofe of the same H. and R. their heires and assignes for euer. In witnesse &c.

¶ A Lease for yeares, whereupon an Eiectione firmae may be brought, which must be deliuered vpon the lands leased, and commence at some day before the date thereof, which some thinke to be without the compasse of the Statute of buying of Titles.

THis Indenture &c. Betweene G. S. on the one partie, and P. T. Sect. 449. of the other partie, Witnesseth that the said G. S. hath demised &c. & by these presents doth demise &c. vnto the said P. T. &c. To haue Sand to hold &c. vnto the said P. T. his executors &c. from the feast of &c. last past before the date hereof, vnto the ful end & terme of &c. fully to be complete and ended. And it is the true intent & meaning of these present Indentures, & of all the said parties to the same, that neither the said P. T. or his executors &c. shall take any benefite or profite of the said tenements & premisses, or any part therof to his owne vse, by reason or vertue of this present grant or demise, but only that he shal therin haue an estate, as is aforesaid, & be ther vsed as lessee or means to the onely intent that the estate, right, title, possession, & interrest of the said G. S. of, in, & to the said tenements & premisses may be lawfully tried & recouered with conuenient expedition by writ or writs of Electione firmae, or otherwise, at the onely costes & charges of the said G. S. his heires, executors, & assīgnes. And therfore it is by these presents couenanted &c. by & betweene the said parties, and either of thē for himselfe, his heires &c. doth couenant, grant, & agree, to & with [Page] the other, his heires, executors, administrators, & assignes, & euery of them by these presents in maner and forme following: that is to say, that, if, and when it shall happen the said P. T. his &c. to recouer & obtaine the possession of the said demised tenements, and premisses, or of any part therof by reason or pretēce of this present demise, in any action or sute thereupon to be commenced in the name of the said P. T. his executors, administrators, or assignes, or any of them, that within xx. daies after that y^e said P. T. or any of his executors, administrators or assignes, shal be lawfully & actually possessed of the said tenements & premisses, or of any part thereof by force & vertue of any such recouery, or of any writ of habere facias possess. or other such executiō to be sued out vpō such recouery, this present grāt & demise shal cease and be vtterly frustrate, void, and of none effect to al intents & purposes. Prouided also alwaies, and vpon further condition following, viz, That if the aboue named G. his heires &c. do at any time hereafter pay or tender, or cause to be paied or tendred vnto the said P. his &c. xii. pence of &c. or in &c. for the said tenements and demised premisses, that then also, and thenceforth, and at all & at euery time and times it shall and may be lawfull, to and for the said G. S. his heires &c. and euery or any of them into all the said demised tenemēts & premisses, with thappurtenances, and euery part thereof, to reenter, and the same to haue againe and repossesse, & in his former estate & right, and the said T. P. his executors &c. and euery of thē thereout vtterly to expell and amoue, as if this present graunt or demise had neuer bin had ne made: any thing therein contained to the contrarie thereof in any wise notwithstanding. In witnesse &c.

¶ Conenants and Conditions which may be vsed in Leases.

ANd it is agreed &c. that if it shall happen the said houses & buildings Sect. 450. to the said scite of the said manor belonging, or any of thē at any time herafter during y^• said terme of &c. to be wasted, destroied or otherwise decaied by the kings forein Enimies, that then for all such reparatiōs & decaies of the same, the said K. L. to be cleerely acquited &c. any couenant herein aboue rehearsed to the contrarie &c.

And the said R. couenanteth, that he the said R. shall inhabite, abide and dwell, in, and vpon the aforesaid manors, landes, tenements &c. or cause an able person to inhabite and dwell, in and vpon the said demised manor, tenements, and premisses, and to occupy and manure the same during the said terme of xxi. yeeres &c. And also that neyther the said R. L. nor &c. shall at any time during the said terme, do, make, or cause to be made any wast or spoile, in, or vpon the premisses [Page] or any part thereof. And also, that they the said R. L. &c. and euery of them, and their executors &c. shall permit and suffer the said A. &c. his heires and assignes, to keepe all and euery their Courts of the said manor, at, and in such places of the said manor, as they haue heretofore vsed to haue bin kept, and to, and for all & euery the suters of the said manor, & euery other person & persons that shal haue cause or occasion to come or resort vnto the said Courts, and euery or any of them freely to come and go, to, and from the same, without any let, disturbance, vexation, or interruption of the said R. L. &c. his executors &c. and euery or any of them, during &c. And the said A. &c. doth couenant &c. that he the said R. L. &c. shall and may lawfully at all times hereafter, when, and as often as neede shall require, during the continuance of this present lease, cleanse and rid any part or parcel of the said demised tenements & premisses, of, and from all maner of brambles, briers, bushes, and thornes, and other shrubs, for the amending and bettering of the same tenements & demised premisses, or any part thereof. And that he the said R. L. his &c. shall at all times hereafter during the cōtinuance of &c. preserue & keepe harmlesse from damage and hurt of cattel, or other negligent spoile, al the woods and vnderwoods, growing in, or vpō &c. or any part or parcel thereof &c. And that no maner of cattell at any time or times of the yeare, sauing onely betweene the first day of Nouember, and the first day of Aprill. And that none other cattell or beastes, but calues and horses only shalbe put or suffered to be in the same woods and vnderwoods, or any of them &c. Prouided alwaies, and vpon condition following, viz. That if the said A. his executors &c. within one whole yere before the end and expiration of any of the said seueral termes of three yeres, shal giue, or cause to be giuē to the said R. his executors, administrators, or assignes, or any of them, sufficient notice or warning to depart from the said &c. at the end of the said terme of three yeres, wherein the said notice or warning shall happen so to be giuen. And also, at, or be fore the end and expiration of the said three yeres, wherein the said notice or warning shall so fortune to be giuen, shall well and truely pay, or cause to be contented and pated vnto the said R. his executors, administrators or assignes, for euery of y^e said terme of xxi. yeares, which at the time of his or their departure from the premisses shall be to come and vnexpired xx. shillinges, of good and lawfull money of England, at, or in &c. that then this present Indenture of demise, and all graunts and couenants therein contained, made on the part of the said A. to cease, and be vtterly frustrate, void [Page] and of none effect; And that then and thenceforth it shall and may be lawfull, to, and for the said G. T. his executors and administrators, and euery of them into all and singuler the said &c. to reenter, and the same to haue againe and reposseed, as in his &c. And that hee the said R. his executors nor administrators, nor any of them, shall not, nor wil not at any time during the said terme, assigne, let, set, or grant the said mesuage &c. or any part thereof, or the occupation therof, or of any part thereof, to any person or persons that shall inhabite, dwell, lodge, or lie therein, without the consent and licence of the said A. his heires and assignes, first had and obtained in writing vnder his or their hands and seales. And that hee the said R. his executors or administrators, before the feast of S. Michael the Archangel next insuing the date hereof, shall and will remooue and put away all such vndertenants as nowe be, and dwell in any part of the saide demised tenements and premisses. Prouided alwaies, and vpon condition following: that is to say, that if the said R. his executors and administrators, and euery of them, doe not well and truely, during the saide terme, pay or cause to be paied vnto the said A. his heires, deputies, or assignes, the said yerely rent of xxxiii. shillings and foure pence, at the feast and times abouesaide, and well and truely obserue, fulfill and keepe all the couenants in these presents contained, according vnto the true meaning hereof, That then it shall and may be lawfull to, and for the said A. his heires and assignes, and euery of them into the said demised tenement and premisses &c. to reenter &c. He the said A. doth couenant &c. vpon reasonable request at all times needful to assigne and deliuer, or cause to be assigned and deliuered to the said R. his executors and assignes, within fourteene miles of the said mā sion house of the said manor of H. sufficient timber trees for y^• repairing of the said mesuage and tenement. And that the said R. shall haue and inioy from time to time at all times hereafter, during the saide terme, to him and his executors, administrators and assignes in, and vpon the Downes, Commons, Wastes, Heathes, and Sheepe pastures, belonging to the manor of T. in the said Countie, sufficient gate, running, pasture, course, & feeding for a hundred sheepe, without any let or interruption of the said A. his heires, executors, and assignes, farmers and occupyers of the said manor and premisses, or of any other person or persons, by his or their consent, meanes, or procurement, with free libertie, ingresse, egresse, & regresse into, in, and from the same grounds, with all the said sheepe, at all and euery time & times conuenient: For which pasture to be had in forme aforesaid, [Page] the said R. couenanteth &c. by these presents, to content and pay vnto the said A. his executors &c. yerely at the feast of S. Mich. during the said term for the pasture of euery sheep to be so pastured as aforesaid fower pence &c. And that if the saide R. his heires &c. and euerie of them, shall not quietly & peaceably, haue, hold, occupie, & inioy the said tenements & premisses with the appurtenances, during the said terme of xxi. yeeres, according to the true meaning of these presents: That then within fortie daies after he the said A. his executors or assignes, shalbe lawfully eiected, euicted, or expulsed frō the said demised tenements and premisses, or any part thereof, he the said I. P. his heires, executors, administrators, or assigns, or some of them, shal and will well and truely pay and allow, or cause to be paide and allowed vnto the said R. his executors, administrators, or assignes, or some of them, for euery whole yeare of the said terme of xxi. yeres, which shall be to expire or expend at the time of such eiectmēt, euiction, or expulsion out of the premisses, or any parte thereof xx. shillings of lawfull English money, in the saide mansion house of the premisses, and so much money as he may then haue for so many of the yeres of the said term, as at the same time of such euiction shalbe vnspent, as the same shalbe deemed to be worth by two indifferent men, which shall bee chosen by him the said R. & A. his executors, administrators, or assignes, hauing respect vnto such profite, as the said R. might haue by reason of the said lease And the saide G. P. doth couenant &c. that neither he the said G. P. his executors, administrators, nor assignes, nor any of them, shall not, nor will at any time during the said terme of xxi. yeres, plow, cause, nor suffer to be plowed the saide close called T. or any part thereof, without the consent of the said I. B. his heirs or assignes first had and obtained in writing. And that he the saide G. P. his executors, administrators, and assignes, and euery of them, shall and will during the said terme, keepe, vphold, and maintaine all houses, hedges and fences, in, and about the said tenements and premisses, and in the end of the same terme to leaue the same tenantable at the sight of two reasonable men, to be chosen by the said parties in differently, to view and order the same. And that the saide R. his executors, administrators, & assigns, shall, and will yerely during the said terme, pay, or cause to be paid all such money as shall bee due for the winter pasture and inlayes due, or vsed to be paid for the said close with the appurtenances called T. and thereof acquit or saue harmlesse, or discharge the the said A. his heires, executors, administrators, and assignes, and euerie of them. And the saide A. &c. doeth [Page] couenant &c. that it shall & may from thenceforth for euer be lawfull to, and for the said R. his executors and assignes of the said premisses at all times hereafter, & from time to time, to haue, and take the commodities and vse of the water, at, and in a certaine pond in T. aforesaid, commonly called T. pond, aswell for the watering of his and their rattel and beasts thither to bee brought, driuen or lead, which at any time hereafter shall be kept, remaine or be, in or vpon the said tenements and premisses, as also to fetch, take, and carrie the said water, at, or from the pond aforesaid to be vsed or occupied in any place vpon or about the said demised tenements & premisses by any tenant or tenants thereof, and also to haue conuenient way and free passage from the mansion house of the said tenemēt, to and frō the said pond, for the said R. his executors and assignes, to fetch, leade, and driue all and all maner of cattell vnto the said pond, and to fetch and carrie the said water to be occupied as is abouesaid without any lawfull let &c.

And further the said R. L. for him &c. That if hereafter it shal happen the said A. his heirs or assignes or any of thē to inclose any parcel of the premisses before by these presēts demised to the said R. L. or any other lands or grounds in B. aforesaid, in or vpon which groūds y^• tenants of B. aforesaid, heretofore haue customably vsed to haue cō mon of pasture, That then the said R. L. his executors or assigns shal not by vertue of these presents frō thenceforth pretend or claim any title to the said ground so to be inclosed, as is aforesaid. But shal permit & suffer the said A. his heires or assignes the same to inclose and being inclosed the same to occupy, to his or their own vse without let or interruption of the saide R. L. his executors &c. during his saide terme: So that the said groundes by the said A. hereafter to be inclosed, shal not exceede the quantity or number of C. acres, & so that the said A. his heires or assignes before such inclosure do assigne, appoint, allow & assure vnto the said R. L. his executors, administrators and assignes and euery of them, for and in recompence of such grounds so to be inclosed, as much and as good other lands and grounds within the parish and fields of B. aforesaide, whereunto and from the which the said R. L. his executors, administrators and assignes shall & may haue as free & good comming and going as he now hath to and from such of the premisses before by these presēts to him demised, as so shal be hereafter inclosed. The same other landes to be assured to the said R. L. his executors, administrators and assignes in like manner and forme, and vnder like condition and couenants as hee or they shoulde haue had or inioyed the landes or grounds so to be inclosed, if no such [Page] inclosure were hereafter had or made, any article &c. And moreouer the said A. for himselfe &c. that if in case the said A. decease before the expiration of the said terme of &c. or if the said A. at any time here after alien, giue, or grant ouer his whole interest and terme which he hath then or shall haue of, & in the premisses by vertue of this present Indenture, that then the executor or assignes of the said A. shal haue, occupy or inioy the same yerely from thenceforth during so many of the said yeres as shall be to come of the said terme of &c. & shal yerely pay and deliuer, or cause to be deliuered vnto the said R. L. or his assignes at &c. xii. gallons of wine sacke, good and perfect or els x. s. of &c. at the feasts of &c. ouer and aboue the said yerely rent of &c.

¶ A Lease for a yeare, and so from yeare to yeare during the willes of the lessor and lessee.

THis Indenture &c. Witnesseth, that the said A. B. hath demised Sect. 451. &c. to the said C. D. To haue & to hold the said mesuage &c. to the said C. D. & his assignes for the terme of one whole yere next insuing the date hereof, and so from yeare to yeare at the will and pleasure of the said A. B. and C. D. Yeelding to the said A. B. his heires and assignes yerely euery yere, that the said C. D. or his assigns shal haue and occupy the said messuage & premisses by vertu of this present demise, x. s. of &c. at the feast &c.

Here may be added a clause of distres nomine poenae, or reentre forthe rent, and such couenants as are in other leases, according to the qualitie of the estate.

¶ A Lease at the will of the Lessor.

THis Indenture &c. witnesseth, That the said A. B. hath demised Sect. 452. &c. one mesuage &c. To haue & to hold the said mesuage with the appurtenances to the said C. D. from the date hereof, so long as it shal please the said A. B. In witnesse &c.

It is needfull to haue couenants that the lessee shall make reparations, and neither do nor permit any wast, because he is not therwith charged by Law, but for voluntarie wast. Littleton Sect. 71. & 83.

[Page]

Assignements.

¶ An assignement of a lease for yeares.

THis Indenture &c. Betweene C. D. &c. and E. F. &c. Witnesseth Sect. 453. that whereas A. B. by his deede Indented sufficient in the law, hath demised, graunted, and to farme letten vnto the said C. D. one mesuage &c. (reciting the lands in the first lease.) To haue and to hold to the said C. D. and his assignes, from the feast of &c. vntill the end of xxi. yeeres then next ensuing, as thereby appeareth, reseruing thereby the yearely rent of &c. and with diuers couenants and agreements in the same Indenture conteined: That now the said C. D. for &c. hath giuen, grāted, assigned & set ouer to the said E. F. his executors, administrators and assignes the said mesuage &c. and all his estate, right, title, interest, terme of yeeres and demaunds, of and in the same, and euery part thereof, together with the said deed Indented, To haue and to hold the said mesuage, tenements and premisses and euery part thereof with the appurtenances to the said E. F. &c. during al the residue of the said terme &c. It is requisite herein to haue couenants of thassignors part to saue thassignee harmeles of former rents, grants, & charges, for the deliuerie of former deeds: That he is owner in possession, and hath power to grant, & that thassignee may quietly enioy &c. and to make further assurāce &c. And on thassignees pa [...]t to pay the former rents, & performe the former couenants &c. The like grants may be of rents charge, common and other things which lie in grants, Mutatis mutandis.

¶ An Assignement of a terme during Minoritie.

THis Indenture &c. Betweene W. P. of thone partie, and I. F. of Sect. 454. thother party, Witnesseth, that where our said soueraigne Lady the Q. by her Indenture, vnder her seale of her Court of wards, & liueries, bearing date, the x. day of &c. last past, hath demised, granted, & to ferme let, vnto the said W. P. one tenemēt with thappurtenāces, in the tenure of I. Y. of yꝰ yerely value of &c. by yere &c. lying & being in T. in the coūty aforesaid, parcell of thinheritance of T. H. her Maiest. ward, sonne & next heire of G. H. deceased, To haue &c. the same premises, to the said W. P. and his assignes during the minoritie of [Page] the said T: H. yeelding & paying therefore yeerely to her highnes the summe of &c. as by the same more plainly app [...]areth amongst other things. And after the xvi. day of &c. last past, the said W. P. obteined & had the licēce of the said Master and Counsel of the said Court of wardes, and liueries, to grant, bargaine and sel his whole interest, right and title of & in the premisses, and euery parcell thereof, during the minority of the said heire, vnto y^e said I. F. & his assigns, as by the endorcement of the said lease more at large appeareth. The said W. P. for & in consideration of a certein summe of money, to him the said W. P. before hand paid, by the said I. F. &c. whereof &c. hath bargained, sold, giuen, grāted, assigned & set ouer, and by these presents doth giue, grant, assigne, & set ouer vnto the said I. F. his executors or assignes, all that his right, title, interest, & terme of yeeres, of & in the said premisses with thappurtenances, together with the said Indenture, had or made vnder the seale of the said Court of wards and liueries, to haue & to hold the said premisses with thappurteuances, & the said indenture, to the said I. F. his executors and assignes, during the minoritie of the said T. H. The said I. F. his executors or assignes paying the yearely rent of &c. aforesaid, in the said lease reserued, and performing, fulfilling, & obseruing, all other couenants, and articles, contained & expressed in the same Indentures. And the said W. P. for him his &c. couenanteth and granteth, to & with the said I. F. his executors, administrators & assignes, that the said I. F. his &c. & euery of them, shall quietly haue, occupy & enioy the said parcels of lāds, and other the premisses with the appurtenances before expressed, during the minority of the said heire: And that the same premisses, and euery parcell therof, at the time of the making of this present grant, is & shall continue during the minoritie of the said heire, discharged &c. vt supra 67.

¶ An assignement of a ward.

THis Indenture &c. (reciting the former indēture till the first couenāt) Sect. 455. the custody of &c. as by the same deed indented, among other couenants and agreements more at large appeareth. Now the said W. G. for diuers considerations him mouing, hath granted &c. vt supra, vnto the said I. D. aswel the said custody, vt supra 369. verbat̄ belonging or appertaining, Together with all his right, title and interest, which he the said W. G. hath by vertue of the agreement, frō our said soueraigne Lady the Q. To haue & to hold the same vnto the said I. D. his executors & assignes in as large and ample maner & [Page] forme, as the said W. G. hath the same by force and vertue of the saide graunt. And whereas the said W. G. together with one I. D. by their deed obligatorie &c. stand ioyntly bound vnto our saide soueraign Ladie &c. with condition therupon indorsed &c. that the said G. shall well & truely vt infra e. the said I. D. doth couenant &c. that he the saide I. D. his heires &c. shall and will at all and euery time and times, & from time to time hereafter well and truely keepe, defende and otherwise saue harmelesse the said W. G. his &c. of and from the forfait and forf. of the said obligation, & of, and from arrests, imprisonments, suits, penalties, damages, or other forfaitures & troubles whatsoeuer, which shall or may hereafter be had, made, done or suffered, in any manner of wise, by our said soueraigne Lady the Q. by reason of the said bond, or by any other person or persons in her Maiesties right, or any by reason or meanes, of any couenant, condition, article, or other clause contained & specified in the said Indenture made &c. And finally the said I. D. couenanteth &c. that he the said I. D. his &c. shall and will at all time and times, and from time to time hereafter, well and truely performe, fulfill and accomplish all and singuler the couenants, articles, conditions & agreements contained & specified in the said Indenture made betweene our said soueraigne Lady the Q. and the saide W. G. according to the intent and true meaning of the same. In witnesse &c.

¶ An assignement of Statutes.

THis Indenture &c. betweene H. F. of thone party, & E. D. of thother Sect. 456. ꝑty, Witnesseth, that whereas E. M. & A. L. by one Statute staple of Recognisance prouided for recouery of debts taken, recognised & sealed before C. W. knight chief I. of Eng. bearing date &c. are & stand bound vnto the said H. F. in &c. to be paid at a certain day now past in the said statute or recognisance specified (as by the same more at large doth & may appeare.) And whereas also one D. H. of N. & the said E. M. are & stand bound vnto the said H. F. in the summe of &c. by statute of y^e staple or recognisances prouided for the recouery of debts takē, recognised & sealed before the said C. W. knight chief I. of Eng. bearing date the sixt day of &c. in the yere of &c. as by the said statute or recognisance doth also more at large appeare. And whereas the saide H. F. is indebted vnto the said E. &c. And to the ende the said E. F. his executors & administ. may bee the more assured thereof, the said H. F. hath at this time deliuered the said two statutes or recognisances vnto the said E. and also for him &c. that the saide H. F. his &c. and euery of them shall & will at all times hereafter, and from time to time at & [Page] vpon the costs and charges in the law of the said E. her executors, administrators and assignes, iustifie, performe, maintain, auowe, and to allowe all such actions, plaints, acts, things, demises, processe, iudgements and executions as the saide E. or her executors hath or may haue, or her or their learned Counsell in the lawe, Attorney or factor, shall in the name of the saide H. F. his executors or Administrators demise, vse, bring, commence, attempt, affirme, or sue vppon or by reason of the sayde Statutes or recognisances, or eyther of them, or for, or vppon the summes of money in the same contained, or any part thereof, or for the getting or recouering of the same. So that the saide H. F. his executors or administrators shall not at any time hereafter become nonsuit in any of the said actions, suits, or plaints, or by any meanes willingly discontinue, miscontinue or withdrawe the same, and that hee hath not had, nor receiued the summes of money, nor any part nor parcell thereof, and also that hee the saide H. F. his executors or administrators neither heretofore hath done, vsed, committed, made nor assented vnto, nor hereafter without the speciall licence in writing of the saide E. her executors or administrators shall doe, vse, commit, worke, make and procure, suffer, knowledge or assent vnto any release, acquitance, discharge, graunt, couenant, acte, thing, deuise, or practise to extinguish, barre, release, determine, forfait, suspend, or auoyde the saide statutes or Recognisances, or either of them, or the summes of money therein contained, or any part or parcell thereof, or any action or actions, suites, plaints, processe, iudgements, or executions, which may, might, could or ought to haue beene had, vsed, or pursued for, vppon, or by reason of the saide statutes or Recognisances or either of them, or for, or vpon the sums therein contained or any part or parcell thereof. And further that the saide E. her executors or administrators shall and may haue, vse, take, perceiue and enioy to her and their vse without any accompt to be had or demanded against her or them in that behalfe, all and singuler such benefits, profites, commodities, and aduantages, of, for and vpon the said Statutes or Recognisances, and the summes therein contained, as the said H. F. his executors and administrators heretofore could or might, and hereafter can, or may haue, take or enioy, of, for, & vpō the same by any maner of waies or means whatsoeuer. And furthermore that the saide H. F. his executors and administrators in case the said summes of money, or any of them be lawfully tendred or paid vnto the said H. F. his executors or administrators shall and will at all times hereafter vpon request reasonable to him or to them to be [Page] made, deliuer, & pay the same ouer to the said E. her executors or administrators, to her or their owne proper vse. And also that the said H. F. his executors & administrators, i [...] case any goods, cattels, lands, tenements, or hereditaments shall be prised or extended vpon, or by vertue of the said statutes or recognizances, or either of them, shall and will at all times then, after, at, and vpon the reasonable request, costes and charges in the law of the said E. her executors or administrators, make al such assurances & conueiances in the law, of, & vpon all the right, estate, terme, title, interest, property, an [...] demaund of the said H. F. his executors & administrators, of, in, or to the same goods, cattels, lands, and tenements, as by the said E. her executors or administrators, or her or their counsell learned, shall be deuised, aduised, or required. And moreouer that the said H. F. his executors & administrators shall and will at all times hereafter vpon the request of the said E. her executors or administrators, and not otherwise, make, seale, and deliuer such discharge or release & acquitance, of, and for the said Statutes and Recognizances, or eyther of them, or any part of the summes therein contained, as the said E. her executors or administrators, or her, or their counsell learned shall deuise or require. And furthermore that the said E. her executors or administrators shall and may at all times hereafter without suit, action, or trouble of the said H. F. his executors or administrators keep and retaine the said Statutes or Recognizances in her or their hands or possession, and shew the same further at or in any Court or Courtes there to maintaine action, or procure execution, as the case shall require, or otherwise at her or their pleasure: And because the said E. may haue lawfull aucthoritie to seeke the benefites of the said Statutes or Recognizances, according to the true meaning, purport, and effect of these presents aboue declared, the said H. F. hath nominated, instituted, and appointed, and by these presents doth nominate, institute, and appoint, (As in letters of Atturney.)

Confirmations.

IT now appeareth partly how euery seueralestate inay be created, Sect. 457. wherefore it seemeth very meet, if such estates shal Happen to be defeasible, to shew how the same may be made good, which may be don by cōfirmation or releas of him which hath a better or lōger [Page] estate in the thing granted then the tenant therof hath: For Confirmare by Littletons mind, Sect' 522. is nothing else but only firmum facere, namely to make strong and sure such an estate as before the same confirmation, was for some cause voidable, & yet not merely void. Deedes of Confirmation bin made thus.

¶ Confirmation in fee.

NOuerint vniuersi per p̄sentes me A. B. ratificasse, approbasse, & confirmasse C. D. in plena & pacifica possessione & seisin̄ sua existen̄, totum statum, possessionem, & interesse, quae habeo de & in vno mesuagio cum pertinentijs in L. &c. To haue & to hold the said mesuage &c. to the said C. D. his heires and assignes for euer: Or the heires of his bodie, or otherwise, as his estate is which you would confirme, with such warrantie & couenants as be in other conueiances, at the pleasure of the parties.

Also in Confirmations it is not amisse in the premisses of the deed, specially to recite the estate of the tenant which must be confirmed, and also the estate of him that shall confirme, and to expresse the consideration thereof, if any such be.

¶ A Confirmation of thoffice of a keeper of a Parke, Warron, Bailife, and Steward.

HEnricus Dei gratia Rex Angliae &c. Omnibus &c. Sciatis quod cum dilectus consanguineus nostr̄ I. V. Comes Oxon̄ ac Margater̄ consors eius Comitissa Oxon̄, seisiti de man̄ijs de M. & B. sibi & haered' suis masculis de corpore suo exeunt̄, reuersion̄ inde nobis & haered' nostr̄ spect', ꝑ literas suas dat̄ &c. Dederunt & concesler̄, & ꝑ easdē literas confirmauerūt dilectis seruient̄ suis I. P. & I. D. armigeris officiū parcarij par ci sui de M. vn [...] eum officio balliui maneriorū de M. & B. cum custod' Warrenn̄ suatum ibidē, ac eosdem I. P. & I. D. parcarios parci praed' balliuos p̄dict̄ maneriorū de M. & B. ac Seneschall' ibidē, necnon custod' Warrenn̄ suarū praedict' per scriptū suum praedict' fecerit, ordinauerit, & constituerit. Habend', tenend' & exequend' dicta officia parcarij, Balliui, Seneschall', seu custod' dictarū Warrenn̄ suarū p̄dict' I. P. & I. D. durāte vita ipsorum I. & I. ac vtrius (que) eorum diut [...] viuentis. Per [...]ipiend' annuatim in & per oc [...]opationem & executionem officiorū praedict', & eorū cuiuslibet tanta & talia feoda, vadia & regard', proficua & emolument̄, quanta praedictus I. P. pro eisdem officijs & eorum quolibet aliquo tempore [Page] praeante habuit & percepit. Reddend' & faciend' annuatim verum & fidele compotum coram auditor̄ dicti Comit̄ & Comitiss. ꝓ tempore existent̄, in & pro occupatione officij balliui praescript̄. Cum etiam praedict̄ Comes et Comitissa per easdē Ir̄as suas dederunt & concesserunt p̄fat̄ I. D. officium custod' manerij sui de M. p̄dict'. Habend', percipiend', occupand', et exercend' idem officium per se, aut suum sufficientem deputat̄, durant̄ vita eiusdem I. D. cum omnibus et singulis vadijs, regardis, proficuis, et emolument̄ eidem officio ab antiquo debit̄ et consuet̄, prout in eisdem l [...]teris plenius continetur. Post cuius donum et concessionem p̄dict̄ I. P. obijt, & p̄dict' I. D. eum superuixit, et tenet, occupat, & possidet officium p̄dict̄ virtute concessionis praedict' per ius accrescend'. Sciatis nos de gratia &c. ac pro bono seruitio nobis ꝑ p̄dict̄ I. D. impenso & imposterum impendend', ratificasse, approbasse, et confirmasse praef. I. D. offic' praedict̄ pro termino vitae eiusdē I. cum annual' feodo decem libr̄, ac caeteris regard', proficuis, & emolūment̄ p̄dictis. Ac etiam dedimus & concessimus, et per p̄sentes damus & concedimꝰ praefat̄ I. D. quod si contingat p̄dict̄ Comitē et Comitiss. sine haerede masculo de corpore suo legitime procreat̄ obire, ꝙ tunc praed' I. D. habebit, tenebit, et possidebit p̄dict' officia & eorum quodlibet, cum p̄dict̄ vadijs, x. libr̄ annuatim capiend', vna cum caeteris vadijs, regard', proficuis & emolumētis eisdē offic' & eorum cuilibet spectant̄ siue pertinent̄. Habend', tenend', & exercend' praedict̄ officia & eorum quodlrbet per se, vel per sufficientem deputat̄ suum, siue deputatos suos, durante vita ipsius I. D. In cuius rei &c. Teste &c.

¶ A Confirmation of an Annuitie, with a graunt of an other in allowance of Dower.

OMnibus Christi &c. R. A. de E. filius & haeres R. A. defunct' &c. Sect. 458. Sciatis quod cum idem R. A. pater meus, per scriptum suum geren̄ dat̄ &c. dedisset, concess. & confirmasset cuidam A. R. quandam annuitat̄ siue annual' redit̄ xx. lib. exeunt̄ de, & in toto ill' campo suo vocat̄ C. iacen̄-in villa de B. com̄ p̄dict: Habend', percipiend', & leuand' annuatim, durant̄ toto term̄ vitae ei [...]sdē A. ad festa &c. cum clausula distriction̄ pro non solutione eiusdē redit̄, prout in eodem scripto inter alia pleni' apparet. Et cum postea idē R. A. pater meus duxit in vxorē A. R. p̄dict̄, & durant̄ sponsal' int̄ eos, idē R. A. pater obijt, & p̄d' A. ipsum su ꝑuixit, & iam superstes in plen̄ vita existit, ac praed' annuali redit̄ gaudeat & habere debeat. Noueritis ergo me [Page] praefat̄ R. A. filium, tam ratificasse, approbasse, & hoc praesentiscripto meo confirmasse eidē Ag. A. viduae, totū statum, titulum, & intersse eiusdem, de, & in praedict' annual' redit̄ xx. libr̄, quam dedisse, concessisse, & hoc p̄senti scripto meo confirmasse eidē A. quandā aliam annuitatē siue annualem redit̄ xxx. l [...]brar̄, exeunt̄ tam de, & ex praedict' campo vocat̄ C. quam de, & in oībus alijs terris & tenementis meis cum pertin̄ in B. p̄dict': Habend', gaudend', & percipiend', tam dict' annual' redit̄ xx. lib. quam p̄dict' annuitat̄ siue annual redit̄ xxx. libr̄ per annum praefat̄ R. A. & assign̄ suis, durante toto term̄ vitae natural' eiusd' R. A. ad festa &c. per aequales porc' soluend', in plenam & integram allocationē & satisfact' totius dotis & iunctur̄ eiusdem Ag. de, & in omnibꝰ & singulis terris & tenemētis, & haereditament̄, tam liberis quam customarijs, quae fuer̄ praedict' R. A. patris mei. Et si contingat p̄dict' annual' redit̄ &c. (As in distresses for rents and nomine penae. In cuius rei &c.

¶ A Confirmation by the Ordinarie and Patron of the Parsons lease.

TO all true Christian people to whom this present writing shall Sect. 459. come, to be seene, heard, or read, W. I. by the grace of God Bishop of L. and Ordinary of the Rectorie & Parsonage of S. in the County of &c. and R. very inheritor, owner, & patron of the said Rectorie & Parsonage of S. send greeting &c. Know you vs the said B. and P. with one assent & consent, at the special & instant desire aswell of one E. as one I. clerk, Parson of S. aforesaid, to haue seene, read, examined, & perfectly vnderstood one Iudenture of a lease, bearing date &c. made by the said I. vnto the said E. & to his assignes, of the Rectory & parsonage of S. aforesaid. And of all maner of tithe corne, hay, meadowes, gleb lands, leasures, pastures, tithe hemp, flax, oblations, obuentions, and all other tithes, profits, and commodities whatsoeuer they be to the said Rectorie & Parsonage belonging & apper-tayning in S. N. & B. aforesaid, or elsewhere within the said County &c. To haue and to hold the said Rectorie & Parsonage, tithes, & all other the premisses with the appurtenances to the said E. & his assignes, from the feast of &c. vntil the end & terme of &c. Yelding and paying therfore yerely vnto the said I. & to his successors & assignes &c. at the feast &c. during all the said terme &c. Which said Indēture of lease of y^• said Rectorie & Parsonage, & all other the premisses with &c. to the same Rectorie & Parsonage belonging or appertayning, & all and euery thing & things, couenants, grants, & agreements therin [Page] contained and specified, we the said I. B. and the said Patron, for his and our heires and successors by these presents do confirme, ratifie, allow & establish. To haue and to hold the said Parsonage, glebe lands, tithes, oblations, obuentions, & all other the premisses, mentioned and contained in the saide Indenture of lease to the saide T. his executors & assigns, from the said feast of &c. vnto thend & terme of &c. Yeelding & paying vnto the said I. and to his successors & to their assignes the said yerely rent of &c. at the dayes & feasts in the said Indenture specified and contained, and all other payments and couenants in the saide lease mentioned. In witnesse &c.

Surrenders.

¶ What a Surrender is.

AN Instrument of Surrender is an instrument testifiyng with Sect. 460. apt words, that the particular tenant of lands or tenements for life or yeares doth sufficiently consent & agree, 'that he which hath the next immediate remainder or reuersion thereof, shall also haue the particular estate of the same in possession, and that hee yeeldeth or giueth the same vp vnto him. For euery Surrēder ought forthwith to giue a possession of the thing surrendred, of which bee diuers sorts, as followeth.

¶ A Surrender of an estate for life.

THis Indenture made &c. Betweene G. S. of the one party, & B. Sect. 461. D. daughter of R. D. of the other party, Witnesseth, that wheras the said B. D. is, and standeth seised for terme of her life, by vertue of good conueyance and assurance in the law, of and in the seuerall mesuages, lands, tenements, & hereditaments with the appurtenances, situate, lying, and being in S. in the County of E. hereafter specified & mentioned: that is to say, of and in &c. the mediate remainder thereof being to the said G. S. and the heires males of his body lawfully begotten, with sundry other remainders ouer, and the remainder lastly to the right heires of the said G. S. for euer. Now the saide B. D. for and in consideration of &c. & for sundry other good considerations her mouing, hath surrendred, graunted & confirmed, and by these presents doth surrender, grant, and confirme to the said G. S. all & singuler the &c. before mentioned, Together with all deedes, euidences and writings whatsoeuer, which the said B. or any other to her vse, or by her [Page] deliuery or appointment, or the said R. D. haue or hath concerning in any wise the premisses, or any part thereof. To haue and to holde &c. And also the said R. D. doth couenant &c. for him &c. as in couenants to discharge of incumbrances, supra 67. d. with all other necessary couenants and conditions.

¶ A Surrender to one in remainder.

OMnibus &c. Cum I. K. pater meus ꝑ char [...] ̄ suam feoffam̄ti deder̄ Sect. 462. & concesser̄ mihi praef. T. vnum mesuag' cum suis ꝑtin̄ in villa de B. praed', situatum interten̄tum R. W. ex parte Australi, & stratum Regium versus Boream. Habend' & tenend' mihi ꝓ term̄ vitae meae, Ita quod post decessum meum, praed' mesuagium cum suis pertin̄ H. R. fratri meo, haeredibus & assign̄ suis imperpetuum remaneret. Noueritis me praed' T. concessisse, & sursum reddidisse praef. H. fratri meo, totum ius meum & statum quae habeo pro termino vitae meae in praed' mesuagio cum suis pertin̄: Habendum & tenendum eīdem H. haered' & assign̄ suis imperpetuum de capitalibus &c.

¶ A Surrender to one in reuersion.

OMnibus &c. K. R. &c. Cum quidam I. R. de N. Mercer, ꝑ chartā Sect. 463. suam feoffament̄, geren̄ dat̄ &c. dederit mihi praefat̄ K. R. totum illud ten̄t̄ &c. Habend' & tenend' dict' ten̄tum cum suis ꝑtin̄ mihi p̄f. K. R. pro termino vitae meae, Ita qd post decessum mei ipsius K. praed tenem̄t̄ &c. p̄fat̄ I. R. & haered' suis reuerterit, prout per dictam chart̄ patet manifesti [...]s. Noueritis me praef. K. R. concessisse, & sursum reddidisse, ac per praesentes con [...]edere & sursum reddere praef. I. R. tenem̄t̄ praedict' &c. ac totum ius meum & statum quae habeo pro term̄ vitae meae, de, & in eod' ten̄to &c. Habend' & tenend' praed' ten̄tum &c. praefat̄ I. R. haered' & assignatis suis, ad solum opus ipsius I. R. & haeredum suor̄ imperpetuum, de capitalibus dominis feodi illius, per seruitia inde debit̄, & de iure consuet̄ per praesentes. In cuius rei &c.

¶ A Surrender vpon condition by tenant for life to the end a recouerie may be su [...]d against him in reuersion, and the state for life preserued.

THis Indenture &c. in the xxv. yeare &c. Betweene I. F. and I. Sect. 464. his wife, late wife of R. L. G. deceased of the one party, & C. O. [Page] on the other partie, Witnesseth that where the said I. F. and I. his wife, as in the right of the said I. his wife doth hold for terme of the life of the said I. his wife, diuers and sundry land [...], tenements, and hereditaments in W. F. H. and T. within the Countie of N. and beyng the late inheritāce of the said R. D. the immediate remainder or reuersion of all and singuler the said lands and premisses expectāt to the said C. D. and to his heires, or to the heirs of his body lawfully begotten for euer. Now the said I. F. and I. his wife, aswell for the consideration in this Indenture mentioned, as also for the perfecting of an estate or conueiance to be had and made in consideratiō of a Marriage hereafter by Gods grace to be solempnized betweene E. T. and I. O. daughter to the said C. O. haue graunted and surrendred, and by these presents do grant and surrender vnto the said C. O & his heires, vpon condition hereafter in this Indenture mentioned, all and singuler the said lands, tenements, hereditaments & premisses before in this Indenture mētioned, and euery part & parcell thereof, And all such other lands, tenements, and hereditaments, as the said I. F. and I. his wife, as in the right of the said I. haue, or of right ought to haue therein, for the terme of the life of the said I. being the late inheritance of the said R. Lord O. her late husband, and all the state, right, title, and interest which they the said I. F. & I. his wife, as in the right of the said D. I. haue, or of right ought to haue, in, or to the premisses, or any part or parcell thereof. To haue and to hold the said landes, tenements, and premisses, and the state, right, title, and interest of the said I. F. and the said I. his wife, in and to the said lands, tenements, and premisses, vnto the said C. O. and his heires. Vpon condition, that if the said C. O. doe not well and truely content and pay, or cause to be well & truely contented & payed vnto the said I. F. and I. his wife, or their assignes, the summe of 1000. l. of &c. As in clauses of paiment, That then and from thenceforth this present grant and surrender to be vtterly void and of none effect. And that from & after such default of paimēt of the said summe of 1000. l. at the time and place aforesaid, it shalbe lawfull to and for the said I. F. and I. his wife, and their assignes, to enter into all the said tenements and premisses, and the same to haue againe, repossesse and inioy, as in their former estate. And the said C. O. doth couenant and graunt, for him, his heires, executors and administrators, and euery of them, to and with the said I. F. and I. his wife, that he shall permit and suffer the said I. F. and I. and their assignes, to take the rents, issues, and profites of the said landes and premisses to their [Page] owne vse, without any accompt thereof making, vntil the feast of S. Martin &c. which shal be &c. 1594. if the said I. the wife do so long liue. In witnesse &c.

¶ A surrender of leases for yeares.

TO al Christian people to whom this present writing shall come, Sect. 465. R. A. & I. R. send greeting in our Lord God euerlasting, Where as by deed indēted bearing date &c. made betweene T. W. deceased, and M. then his wife of the one partie, and the said R. A. on the other partie, the said W. did demise, grant, and to ferme let to the said R. A. their manor of H. K. with their appurtenances, lying and being in H. in the said County of &c. To haue and to hold the said manor, and other the premisses to the said R. A. his executors &c. from the feast of Saint Michael &c. then next insuing, vntill the end and terme of xxi. yeres then next &c. fully to be complete and ended, as by the said deed indented it doth plainely appeare. And where also by deed indented, bearing date &c. made betweene the said T. W. and T. S. & the said R. A. &c. the said W. and T. S. did demise, graunt, and to ferme let vnto the said R. A. al those their woodes, vnderwoods, landes &c. To haue and to hold the said woods & vnderwoodes &c. vnto the said R. his executors and assignes, from the feast of &c. next insuing the date of the last recited deed indented, vntill the end and terme of one and twentie yeeres then next insuing. Except and alwaies reserued vnto the saide W. T. and to their heires, all manner of timber trees, and trees like to proue timber trees, of what yeeres or growth soeuer they were then growing, in, or vpon the premisses, as by the same deed indented last recited it doth and may appeare &c. The estate and interest of the which saide R. A. in the said landes, tenements, meadowes, pastures, and feedings, graunted by the said recited deedes indented, the said I. R. now hath. Know ye now, that the said R. A. and I. R. for diuers considerations them mouing, haue giuen, graunted, and surrendred, and by these presents doe giue, graunt, and surrender vnto T. VV. and T. S. all their right, estate, interest, and terme, and all the right, estate, and terme of eyther of them, that they, or either of them had, haue, or ought to haue, of, in, or to the said manor of H. K. and other the premisses demised, graunted or letten to farme by the first recited deede indented. Except alwaies and foreprised to the said R. A. his executors, administrators, and assignes during the terme of the said last recited deede indented, all the right, title, interest, estate, and terme, that he the saide R. A. [Page] now hath, may haue, or ought to haue, in, and to the said woods, vnderwoods, and other the premisses demised vnto the said R. A. by the last recited deede indented, to be had and inioyed to the said R. A. his executors &c. according to the tenor and forme of the said last recited deede indented. To haue and to holde the saide Mannor of H. K. and other the premisses by these presents, graunted and surrendred, with their appurtenances (except before excepted by these presents) vnto the saide T. W. and T. S. their heires and assignes for euer.

And the said R. A. and I. R. for them, and either of them, and the executors and administrators of euery of them, do couenant & grant, to, and with the said T. W. and T. S. and the heires, executors or assignes of euery of them, that the said Manor of H. and other the premisses by these presents granted and surrendred (except before excepted) at the time of the making of these presents, bee, & shalbe for euer hereafter cleerely acquited and discharged, or otherwise saued harmlesse of &c. As in couenants to saue harmelesse. In witnesse &c.

Releases.

¶ What a Release is.

A Release is an instrument, whereby estates, rights, titles, entries, Sect. 466. actions, and other things be somtimes extinguished, somtimes transferred, somtimes abridged, and sometimes inlarged, of which see these examples.

¶ A Release made to the tenant for terme of yeares.

OMnibus &c. Cum R. W. de O. teneat de me praef. I. vnum ten̄ tum cum suis pertinentijs quod idem R. inhabitat, in &c. pro termino annor̄ &c. Noueritis me praefat̄ I. remisisse, relaxasse &c. Ita quod nec ego, nec haered' mei &c. Sed ab omni actione iuris, clamei &c. Dat̄ &c.

¶ A Release to the tenant of the freeholde.

OMnibus &c. T. R. filius & haeres C. R. armig' defuncti salutē in Sect. 467. domino sempiternam. Noueritis me praefat̄ T. remisisse, relaxasse, & omnino pro me & haered' meis imperpetuū, quietum clamasse per praesentes R. D. armig' in sua plena & pacifica possessione [Page] existent̄, haered' & assign̄ suis imperpetuum, totum ius meum, titulū, clameum, demand' & interesse, quae vnquam habui, habeo, seu quouismodo in futur̄ haber̄ potero vel poterint haered' mei, de, & in maner̄ de R. in com̄ K. cum omnibus terris, ten̄tis &c. Ita viz. quod nec ego praed' T. nec haered' mei, nec aliquis alius per nos, pro nobis, seu nomine nostro aliquod ius, titulum, clameū, demandū seu interesse, de, aut in praed' maner̄ de R. cum omnibus terr̄, tenementis &c. neque in aliqua parte seu parcella eorundē, de caetero clamare vel vendicar̄ poterimus nec debemꝰ quouismodo in futur̄, sed ab omni actione iuris, tituli, clamei, demandi, & interesse, & eisdē penitus exclusi imperpet̄ per praesentes. Et ego vero praedict' T. & haeredes mei praed' maner̄ de R. cum &c. praefat̄ R. D. haered' & assign̄ suis contra me & haered' meos, ac cōtra omnes & singulas al' person̄ siue ꝑsonas legitim̄ habent̄ & clam̄ siue exigen̄, seu qui imposter' legitim̄ habeb. clamabunt siue exigent praemiss. cum pertin̄, aut aliquam inde ꝑcellam, aut aliquid iuris, tituli, statꝰ, interesse, seu aliquid aliud, de, in, vel ex praemissis cum pertin̄, aut de, in, vel ex aliqua inde parcell', de, per vel sub me praef. T. R. vel assign̄ meis, warrantizabimus & imperpetuum defendemus per praesentes. In cuius &c.

¶ A Release of right or interest in landes.

OMnibꝰ &c. A. M. vidua relict' T. M. nuper de S. in com̄ N. defunct', Sect. 468. administratrix bonorū & catallorū quae fuerunt T. tempore mortis suae, salutem in domino sempiternam. Sciatis me praef. A pro quadam pec' summa mihi per H. M. de S. praedict' filium meum prae manibꝰ soluta. & imposter̄ soluend', Remisisse, &c. vt supra. Ita quod nec ego &c. Sciatis in super me praef. A. M. remisisse, relaxasse & omnino pro me & haered' & executor̄ meis imperpetuum quietū clamasse per presentes praefat̄ H. M. haeredibus & executoribus suis, omnes & omnimodas actiones, sect' quaerelas, debita, compota, trāsgressiones, detentiones & demanda quaecun (que), quae, vel quas versus ipsum H. vnquam habui, habeo, seu quouismodo in futurū haber̄ potero virtute administrat̄ praed', siue al [...]ter quocūque modo, ab origine mundi, vsque in diem confectionis praesentium. In cuius rei &c.

¶ A Release to the vendee.

OMnibꝰ &c. I. L. de &c. cum C. F. de N. habuerit & perquisiuerit Sect. 469. de me praefat̄ I. vnum tenementum in N. in parochia beatae [Page] Mariae virgin̄, in alto vic' seu platea. Habend' & tenend' eid' C. haered' & assign̄ suis imperpet̄, ꝓut per chartam feoffam̄ti per me eid' C. inde confect' cuius dat̄ est &c. pleniꝰ apparet. Noueritis me p̄d' I. remisisse, relaxasse, & omnino ꝓ me & hered' meis imperpet̄ quiet̄ clamasse p̄f. C. haer̄ & assign̄ suis, totum ius meum, clameū &c. Ita vz. In cuius &c.

¶ A Release by the Morigagee.

OMnibꝰ &c. Noueritis me p̄f. &c. ꝑ praesentes remisisse, relaxas. Sect. 470. &c. R. W. de O. haered', & assign̄ suis inperpet̄, totum ius &c. in vno tenem̄to in O. cum suis pertin̄ quae nuꝑ habui ex dono & feoffamēto p̄d' R. in O. ꝑ modū morgagij ꝓ xx. li. & quas mihi iam soluit & satisfecit, qd' quidem ten̄tum cum suis pertin̄ idem R. W. in sua plena possessione iam habet. Ita viz. qd' nec ego &c. In cuius &c.

¶ A Release of all actions.

NOuerint &c. remisisse, relaxasse, & omnino pro me & haer̄ meis Sect. 471. imperpetuū quiet̄ clamasse I. H. de B. &c. omnes & omnimod' actiones tam reales quam personales sect' quaerel' debit̄ exec' trāsgr̄ & demand' quas vel quae vnquam habui, habeo, feu in futur̄ quonismodo hēre potero versus praed' I. H. ratione aut causa quacunque ab origine mundi vs (que) in diem confectionis praesentium. In cuius &c.

¶ A Release of a Quare impedit.

TO al faithful people to whō these presents shal come, to be heard, Sect. 472. read, or seene, I. S. of O. in the countie of C. sendeth greeting in our Lord God euerlasting. Wheras sute & controuersie, hath heretofore bin moued & depending betweene I. S. on thone party, and the reuerend father in God W. Bishop of C. on the other partie, for, and cōcerning the collation of one R. C. clerke, in & to the church of T. in the said coūty of C. for & cōcerning the which presentatiō, one Quare imp̄ was broght by thaforenamed I. S. against the said reuerend father W. Bish. of C. & wheras by yꝰ meditation of the right honorable sir H. S. order hath bin takē, in & cōcerning yꝰ premisses, & al matters & things concerning the same. Now know ye, that the said I. S. in accomplishment, & according to the said order, hath remised, released, & for euer quite clauned, and by these presents doth fully, freely & absolutely, remise, release, & for euer quite claime to the saide reuerend [Page] Father in God, W. Bishop of C. and to R. C. and to either of them, their executors and administrators, aswel the said action of Quare impedit, & al and al maner of disturbances, causes, matters, & things concerning the church, or aduowson of T. aforesaid, as all other actions, suits, quarels, debts, trespasses, controuersies & demands, whatsoeuer had, made, moued, stirred or depēding, between y^e said parties, or any of them, at any time or times, before the date of these presents, of all which actions, quarels, suites, controuersies, & demandes aforesaid, the said I. S. for himselfe, & his heires couenanteth and graunteth, to and with the said W. Bishop, and R. C. their executors &c. & at all times hereafter, well and sufficiently to acquite, discharge, or saue harmeles the same Bishop, and R. C. the executors and administrators of them, & either of them by these presents. In witnesse &c.

¶ A Release of a Communication of matrimonie.

THis bill made the x. day of &c. in the &c. Wheras a Cōmunicatiō Sect. 473. of mariage hath heretofore bin moued, & had, betweene S. T. on thone party, and I. C. of thother party, and that the same taketh none effect, for that the said S. T. cannot obtaine and get the good wil of their friends and kinsfolks, at whose hands such portion of mony as to her of right appertaineth, is to be receiued, Witnesseth, that I the said I. C. do here by testifie & protest vnto the world, aswell for mine owne discharge as his, that no dishonest nor vnlawful act, hath at any time bin committed between vs nor any contract of matrimonie had or made at all betwixt vs, but that euery of vs, may lawfully at our wils & pleasure marry elswhere by God & mans lawes. In witnes &c.

¶ A Release of an appeale.

THis Indenture &c. Betweene H. H. of &c. & R. E. of &c. Witnesseth, Sect. 474. that where R. E. standeth indicted and appealed, of and for the death & killing of R. H. & thereupon diuers suites and proces are depending and haue bin awarded against the said R. E. Now the said H. doth remit, remise, and clerely and absolutely for him and his heires release to the said R. E. all appeales, suits and demandes, and other actions whatsoeuer: And further the said H. L. doth couenant &c. that where the said H. H. hath commenced an appeale against the said R. E. and others of and for the death of the said R. H. his brother deceased, That neither he the said H. H. nor the saide W. H. and R. [Page] H. nor any of them, nor any other for them, or in their names, nor by their meanes, aduise, knowledge, assent or procurement of any of them, shall from hencefoorth prosecute or follow the said Appeale, or any proces thereupon depending against the said R. And for the better determming of the said appeale against the said R. E. he the said H. H. doth couenant to make one retraxit, of and vpon the said appeale at any time when he shall be thereunto required by the said R. E. or by any for him or in his name. And moreouer the said H. H. W. H. and R. H. do couenant &c. that neither the said H. H. W. H. and R. H. or any of them, nor any their friends, kins folkes, or alies, nor any other person or persons for them or any of them, or by the meanes, consent, aduise, knowledge or procurement of them or any of thē shal do, suffer, or cause to be done or suffered any act or acts, or thing whatsoeuer, for the further sewing, troubling, vexing, or indāgering of the said R. E. of or for the death or killing of the said R. H. nor shall not giue or procure to be giuen any euidence, or other proose against the said R. E. or for the death or killing of the said R. H. In consideration of which said agreement, conclusion, and of al & singuler other the premisses to be wel and truely obserued and kept on the part and behalfe of the said H. H. W. H. and R. H. and euery of them their friends and kinsfolkes, as the said R. E. doth couenant for him his heires and administrators with the said H. H. &c. to pay or cause to be paid to the said H. H. &c. expressing the summe and place of payment. In witnesse &c.

¶ A Release betweene ioint Lessees.

VNto all Christian people to whō this present writing shal come. Sect. 475. I. D. R. B. and M. E. &c. sendeth greeting: Whereas the collegiat Church of the blessed virgin of Southwell in the coūty of N. by their Indenture of lease bearing date &c. did amōgst other things, demise, graunt and to farme let vnto H. C. deceased, al that their manor or lordship of R. in the coūty of Y. with the scite & circuit of the same manor, & all & singuler their other lands, tenemēts &c. in the said coū ty of Y. being part, parcell or member of the said collegiat church of S. or reputed, taken or knowen to be any part, parcel or mēber of the same, or of the said manor or lordship, or any of thē, or any part or parcel thereof, with all & singuler their appurtenāces vnto the said H. C. his executors & assigns for y^• terme & space of &c. as by the said Indē ture of lease more at large it appeareth. By force whereof the [Page] said H. C. was lawfully possessed of the said Manor of L. and premisses accordingly. And so being thereof possessed made his last will and Testament in writing, and thereof did constitute & make G. C. of &c. and E. C. then wife of the said H. C. his executors, and after died. After whose death the administration of all the goods and cattels of the said H. C. was committed to the said G. C. and E. C. according to the Ecclesiasticall lawes of this Realme, by force whereof the said G. and E. were thereof lawfully possessed, and the same had and enioyed. And they so being thereof possessed by their Indenture bearing date &c. did giue, graunt, assigne, and set ouer vnto the said I. D. R. B. M. E. and I. N. of &c. all their whole estate, interest and terme of yeares then to come, of, and in the said manors, lordships, lands, tenements and premisses with the appurtenances (the cole Mine excented) together with the said Indenture of lease made to the said I. D. R. B. &c. at large appeareth. Thentent & true meaning of which said Indenture made by the said G. and E. as is aforesaid was meant and intended that the said I. D. R. B. M. E. and I. N. and euery of them should haue and enioy seuerally their Farmeholdes or Tenements in their seuerall renures and occupations. And that the residue of the said Manor and premisses should bee deuided amongst them. Now therefore know yee vs the said I. D. R. B. and M. E. for the accomplishing and fulfilling of the true meaning and intent of the said conueyance made by the said G. and E. as is aforesaid, to haue remised and released, and by these presents do cleerely remise and release vnto the said I. N. his executors and assignes all our estate, right, title, terme of yeares and demaund which we haue or of right ought to haue of, in or to al that one tenement &c. now in the tenure or occupation of the said I. N. and of, and in all other lands and hereditaments which be assigned and appointed and set forth to him. And we the said I. D. R. B. & M. E. do couenāt and grant for vs our executors, administr̄ and assignes, and for the Executors, administrators, and Assignes of euery of vs, to and with the said I. N. his Executors, Administrators and Assignes. That wee the saide I. D. R. B. and M. E. our executors, administrators and assignes, shall from time to time at all times hereafter when and as often as we or any of vs shall be thereunto required by the said I. N. his executors, administrators, or assignes during the said terme of yeeres, do execute and make or cause &c. all and euery such further act and acts, thing, things, and assurance as shalbe reasonably and necessarily deuised or aduised by the said I. N. or his executors or assigns or by his [Page] or their Counsell learned in the Lawe for the further and better assurance, suerty and sure making of one estate and interest, of and in &c. now in the occupation &c. vnto the said I. N. his executors & assigns. In witnesse &c.

¶ A Release made by the feoffees to one of them.

OMnibus &c. Nouer̄ nos praefat̄ N. & S. per praesentes remisisse, Sect. 476. relaxasse, & omnino pro nobis & haeredibus nostris imperpet̄ quiet̄ clamasse I. S. de O. haer̄ & assignatis suis, tot̄ ius nostr̄ &c. quae aliquis nr̄um habet, seu habere poter̄, in omnibus illis terris & tenementis quae nuꝑ habuimus simul cum p̄d' I. in villa & in campis de I. in comitatu Oxon̄ ex concess. & feoffament̄ dm̄ I. B. Capellani. & N. D. de I. praed', in quorum quidem terris & ten̄tis idem I. S. iam existit in plena possess. Ita viz. quod nec nos praef. &c. In cuius &c.

¶ A Release in performance of an award.

OMnibus &c. A. B. & C. D. salutem. Sciatis qd' cum diuersae lites Sect. 477. motae fuer̄ inter nos praefat̄ A. B. & C. D. ex ꝑte vna, & quendam T. P. ex parte altera, de & super ius, titulum, interesse, & posses. omnium & singulor̄ mesuagior̄ &c. quae fuer̄ in tenura & possession̄ E. F. super quae nos praef. A. B. & C. D. ad specialem instantiam & requisitionem amicorum nostrorum comprimis. & ex vnanimi assensu nostr̄ submis. nos ipsos in arbitrium ordinat̄ & iudicium quorundam E. G. & W. F. armig' tam de & suꝑ iure, & titulo dictor̄ mesuag' &c. quam de & super omnibus actionibus personalibus & realibus ante haec int̄ nos motis & habitis super p̄missis seu eor̄ aliquam ꝑcellam concernent̄ seu tangent̄. Sciatis nos p̄f. A. B. & C. D. in complement̄ cuiusd' arbitrij, ordinationis seu iudic' praed' per praefat̄ arbitrat̄ ante datum praesent̄ ex communi assensu nr̄o fact', & inscript̄ indent̄ nobis tradit̄ prout tenemur, remississe, relaxasse &c. vt supra.

¶ A Release of amerciaments.

BE it knowen vnto all men &c. that I G. L. of &c. Farmer of the Sect. 478. profits of the Court of the manor of R. in &c. haue remised, released & quite claimed, and by these presents doe remise &c. vnto W. S. of R. in &c. all and all maner of fines, forfaitures and amerciaments, afferred vpon the said W. S. at any Courts, Leetes, or Court barons [Page] of the manor of R. aforesaid, holdē within the said manor at any time or times before the date hereof. In witnes &c.

¶ A Release of the peace.

MEmorandum quod tertio die Nouemb' anno regni domisi Sect. 479. nostr̄ Elizab decim̄ tertio &c. venit coram me W. M. apud G. in comitatu praedict', vno Iustic' dictae Dominae Reginae ad pacem conseruand' in comitatu praedict' I. C. et pacem quam habet versus I. C. in comitatu praedict' penitus remisit, et relaxauit &c. vt supra.

¶ A Release from the recouerors in a writte of Entre.

OMnibus &c. W. M. et I. B. salutem in domino sempiternam, cum Sect. 480. nos praefat̄ W. et I. nuper recuperauimus coram Iustic' dominae Reginae de communibus placit̄ apud Westmonast' per breue dictae dn̄ae Reginae de ingressu in le post versus F. F. viduam et I. F. vnum Mes. &c. cum pertin̄ in C. in comitatu N. prout inter pla [...]ita irrotulat̄ coram I. D. Milite et socijs suis Iusticiar̄ dictae domin̄ Reginae in term̄ Sancti H. anno regni eiusdem dn̄ae Reginae Rot̄ Cli. plenius liquet et apparet. Et pro eo quod recuperatio praedict' habit̄ fuit ad solum et proprium o [...]us et vsum ipsorum F. et I. F. et haered' ipsius I. Ideo in consideration̄ inde Sciatis nos praefat̄ W. M. et I. B. remisisse, relaxasse &c. as in a generall Release. In cuius &c.

¶ A Release of errors.

OMnibus Christi fidelibus ad &c. salutem,

Sciatis me praefatum Sect. 481. G. B. pro &c. remisisse, relaxasse, et omn̄ pro me et haered' meis imperpetuum quiete clam̄ praefat̄ F. R. et haered' suis totum ill' annualem redditum meum vij. s. ac omnes alios redd' quoscunque excunt̄ de terr̄, tenementis et haereditamentis in B. &c. Ac insuper sciatis me praefatum G. B. remisisse &c. praefato F. R. totum ius, titulum, statum, interesse et demand' quae habeo aut clamare potero aut poterint haered' mei de, et in praedictis te [...]r̄, tenementis et haereditamentis in C. &c. Ac etiam omnes action̄ et breuia de errore et erroribus et omnes errores quos [...]unque quos ego &c. aut haeredes mei habere aut prosequi potui seu posstiumus versus praefat̄ F. R. aut assign̄ suos. In cuius rei &c.

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¶ A Release generall.

NOuerint vniuersi per praesentes me V. B. Militem, remisisse, relaxasse, Sect. 482. & omnino pro me, haered', executoribus, & assignatis meis in perpetuū q [...]iet̄ clam̄ T. H. &c. omnes & omnimodas actiones, transgressiones, sectas, quaerelas, debit̄, debat̄, executiones, & demand' quae cun (que) quae habeo, habui, seu quouismodo in futurum habere potero ab origine mundi vs (que) datum praesētium. In cuius &c.

Acquitances.

¶ An acquittance for the redemption of lands mortgaged.

BE it knowen to all men by these presents, that I I. L. of L. Sect. 483. gent. haue receiued and had this present day at the font stone in the Cathedral church of S. Paul in L. betweene the howers of one and fower of the clock at after noone of the same day, of W. G. of S. in the Countie of E. yeoman xl. li. for the redemption & in full satisfaction of all and singuler those lands & tenements with thappurtenances, in the parish of S. and P. in the said Countie of E. called N. & M. contained and specified in a paire of Indentures of couenant, bearing date the xvi. day of I. in the xxx. yeare &c. made betweene the said W. G. one thone partie, and me the said I. L. on the other partie, of, for, and concerning the bargaine and sale of all & singuler the said lands and tenements condicionally, as by the same Indentures therof made more at large doth appeare. Of which xl. li. in full payment and contentation as is aboue said receiued, I the said I. L. acknowledge my selfe well and truely cōtented, satisfied & paid, and therof, & euery parcell therof I clerely acquite and discharge the said W. G. his heires & executors by these presents. In witnesse &c.

¶ An Acquitance of an Annuitie.

NOuerint &c. me I. K. &c. recepisse &c. de H. R. per manus I. D. Sect. 484. firmarij manerij de R. x. li. in parte solutionis cuiusdā annuitatis xx. li. mihi ad terminū vitae meae, per dictum H. concess. Percipiend' annuatim ad terminos duos, viz. ad festa N. & M. equis porcionibus, de quibꝰ x. lib. fateor me content̄ & solutū, et ipsū H. haered' & executores suos inde in ꝑpetuū esse quiet̄ per p̄sētes. In cuius &c.

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¶ An acquittance made vpon the receit of an exhibition granted to one of the Innes of the Court by a Duke.

THis Bill made in the &c. Witnesseth, that I C. H. haue receiued Sect. 485. of K. H. Receiuer generall to the high and mightie prince T. Duke of N. fiue markes sterling, in full contentation and payment of my fee due to me at the feast of S. Michael last past before the date hereof, for one whole yeare: which yearely fee the said Dukes grace of his gracious goodnes and beneuolence hath giuen and granteth vnto me the said C. towards my yearely exhibition in the Innes of Court. In witnesse whereof I the said C. H. haue written this bill with my owne &c. (Or otherwise) haue put to my hand &c.

¶ An acquittance of Rent by a Baylife. 20. die Iunij An. &c.

REceiued of T. H. of &c. for his halfe yeares rent due to be paid at Sect. 486. the Annunciation &c. last past, for champnes land in L. &c. in the Countie of &c. the day and yeare first aboue written xx. shillings.

¶ A quittance of the farme of a Benefice.

BE it knowen vnto all men by these presentss, that I C. T. parson Sect. 487. of H. in the Countie of Esser, haue receiued and had the day of making hereof, of I. L. Ir. pounds sterling, for the halfe yeares farme of my said Parsonage, to me due at the feast of S. Mich. the archangell last past before the date hereof. In witnesse &c.

¶ A quittance of a Rent charge.

THis Bill &c. Witnesseth, that I R. E. haue receiued and had on Sect. 488. the day of the date hereof, of T. S. of the Inner Temple of L. the summe of fower pound of lawfull money &c. due to me the said R. E. as in the right of K. my wife, at the Annunciation of the blessed virgin Marie last past, being the moitie of a rent charge of &c. by the yeare graunted to the said R. for terme of her life, out of the farme of B. of which said summe of iiii. ii. &c. of &c. so by me receiued, I the said R. do acknowledge my selfe and the said K. my wife fully satisfied, contented, and paied, and of the said summe of iiii. ii. and of euery part thereof to acquite and discharge the said T. S. his heires and assignes by these presents. In witnesse &c.

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¶ A quittance of money receyued to pay to an other.

THis Bill &c. Witnesseth, that I T. S. of &c. haue receiued and Sect. 489. had on the day of the making hereof, of T. B. of D. in the Countie of W. Esquire, by the hands of &c. the summe of &c. to be paied & disbursed by me the said T. S. for the said T. B. in such sort as the same was appointed by the said T. B. to be paied and disbursed. In witnesse whereof &c.

par¶ A quittance of recompence of dower.

THis Bill &c. Witnesseth, that I O. B. &c. haue receiued and had Sect. 490. on the day of the date hereof of G. H. of &c. the summe of &c. due and payable to me the said O. B. in the right of my wife at the feast of S. Mich. &c. after the date hereof, for the halfe yeares rent to her the said I. due and payable in recompence of her dower betweene the said G. and the said I. of which said summe of &c. so by me receyued, I the said O. B. do acknowledge my selfe fully satisfied & paied, and thereof, and of euery part thereof doe clerely acquite, discharge, and exonerate the said G. H. his heires, executors, and administrators, and euery of them by these presents. In witnesse &c.

¶ An acquittance of part of a debt.

BE it knowen vnto all men &c. that I A. B. of K. in the Countie Sect. 491. &c. haue receiued and had the day of the making hereof of R. W. of E. in the said countie yeomen sixe pounds &c. due to me on the feast day of &c. last past before the date of these presents, in part of paymēt of a greater summe contained & specified in a certaine writing Obligatorie, wherein the said R. W. with others stand bound vnto me. Of which sixe pounds &c. (As aboue.)

¶ A quittance for creation money of an Earle.

NOuerint vniuersi per praesentes me G. Comitem S. administr̄ Sect. 492. bonorū & catallorū G. nuꝑ Comitis S. patris mei, filij & haered' mascul' F. nuper Comitis S. recipisse & habuisse die confectionis praesētium de T. C. armig' nuper Vic' com̄ S. xl. libr̄ bonae & legalis monetae Angliae de viginti libr̄ annuis I. nuꝑ Comiti S. & haered' suis mascul' ꝑ domin̄ H. nuꝑ Regē Angliae sextū concess. Habend' & annuatim percipiēd' de exit̄, profic', & reuenc' com̄ S. ꝑ manus vic' eiusdē com̄ pro tēpore existent̄, ad festa Pasc. & S. Mich. per aequal' porc'. De quas quidem xl. libr̄ ꝓ duobus Annis finit̄ ad festū Sancti Mich. arch. anno regni Reginae nunc Elizab. xxxij. fateor me praefat̄ Comit̄ [Page] fore solut̄ dictumque nuper Vic' inde acquietat̄ & exonerat̄ per praesentes, sigillo meo sigillat̄. Dat̄ x. die Febr̄, Anno regni dictae dominae Elizab. &c.

¶ An acquittance by a Vicar or Parson to the Proctor.

NOuerint vniuersi &c. me A. B. Vicar̄ Ecclesiae parochiae de S. Sect. 493. recepisse & accepisse die confectionis praesentiū compot̄ finalem & totalem W. P. procurator̄ vicariae meae praedict', de omnibus recept̄, exitibus, solutionibꝰ, & liberationibus p̄dict̄ vicar̄ meae spectantibus, de toto tempore quo dictus W. fuit procurat̄ meus ibidem. Ita quod computat̄ computand', & allocat̄ allocand' ipsum W. & executor̄ suos de quocun (que) vlteriori compoto ratione praemissorū mihi reddend', vs (que) in diem dat̄ praesc̄tium acquieto, libero, & exonero per praesentes, Sigillo meo sigillat̄ &c.

¶ A quittance of Tenthes and Subsidies paied to the Collector.

PRaesens scriptum testatur, quod ego H. H. decimarum & subsidiorum Sect. 494. domini Regis su ꝑ omnes personas ecclesiasticas, & per totam dioces. M. percipiend', collector & receptor general', sufficienti aucthoritat̄ Episcopali fulcitus & legitim̄ constitut̄, recepi de G. W. rector̄ de Bridel pro decimis & subsidijs eiusdem ecclesiae sue dicto illustrissimo nostro Regi pro anno domini 1590. &c. ad festū Natalis domini vltimo praeteritum, debit̄ xviij. li. de quibus quidem pecunijs fateor me ad vsum dicti dn̄i Regis solut̄, & ipsum, & Ecclesiam suam praedict' pen [...]tus liberam & quietam per praesentes, manu measubscriptas &c. Anno &c.

¶ Acquittance made by one Obligee.

OMnibus &c. I. S. salutem in domino sempiternam. Cum W. P. Sect. 495. teneatur mihi praefato F. ac cuidē H. L. in decem &c. soluendis nobis aut vni nostrū ad diuersos terminos, ꝓut in quadā obligatione defesanc' suꝑ eand' nobis inde confect' plenius continet̄. Noueritis me p̄fat̄ I. recepisse & habuisse die confectionis p̄sentium de praefat̄ Wilhelm̄ viginti solidos &c. in parte solutionis x. p̄dict' libr̄, viz. pro termino Natal' dn̄i proxim̄ f [...]tur', de quibus quidem xx. s. fateor me [Page] fore solutum, dictumque W. haered' & executores inde esse quiet̄ & exonerat̄ per praesentes. In cuius &c.

¶ A generall acquitance with a Prouiso.

THis Bill made &c. Witnesseth, that I. H. W. &c. haue remised & Sect. 496. released vnto R. C. &c. all manner of actions, suites, debtes, accompts, recognisances, & all, & all maner of iudgements, executions & demands which I. the same H. W. may, might, or ought to haue against the saide R. C. his heires or executors, for any matter or cause whatsoeuer, from the beginning of the world vnto the day of the date of these presents. Prouided that the acquitance extende not to the extinguishment and determination of a certain deede obligatorie bearing date &c. made by one S. C. and the said I. S. wherein the said S. and I. stood bound vnto one I. S. B. M. A. B. and me the said H. W. in the summe of &c. In witnesse &c.

¶ A generall Release or acquitance, with a speciall acquitance therein contained.

THis Bill made &c. Witnesseth, that I R. F. haue receiued the Sect. 497. day of the making hereof of T. N. and M. his wife my mother executrix of the last will & testament of E. F. deceased my father, all such iewels, plate, hangings, houshold stuffe, and all and euery other gifts, legacies, bequests, thing and things whatsoeuer they be to me the said R. F. in any wise due by reason of a gift or will of the said E. F. of the which iewels &c. vt supra, I the said R. F. do fully & clearely by this my present bill acquite and discharge the said T. N. & M. their heirs &c. And further I. the same R. F. by this my present Bill doe clearely remise, release & quite claime for me, my heirs, executors & assignes to the said T. N. & M. & euery of them, all & all manner of actions &c. In witnes &c.

¶ Acquitance for money due by recognisance.

THis Bill &c. Witnesseth, that I H. G. haue receiued the day of Sect. 498. the date of these presents of R. L. the summe of &c. in the which he the said R. standeth bound vnto me in a certaine recognisance in y^• Chancerie, as by the same &c. of which saide summe of &c. & of euery part & parcell thereof, I the said H. doe confesse my selfe well & truely contented, paid & satisfied, & thereof & of euery part & parcel thereof do by these presents clearely acquite & discharge the said R. L. his heires, executors & administrators for euer. In witnes &c.

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¶ An Acquitance for a Legacie.

BE it knowen &c. That we R. C. & A. my wife, daughter &c. haue Sect. 499. receiued and had the day of the making hereof, of C. W. & W. P. executors of the testament and last will of T. R. xl. s. of &c. in full paiment of xl. s. giuen and bequeathed by the said T. R. in his saide Testament, of which said summe of xl. s. in ful payment and satisfaction of all bequests and legacies to mee giuen in the saide testament, wee knowledge our selues fully satisfied, contented &c. Sealed with &c.

¶ An Acquitance of money receiued in discharge of an annuitie.

BE it knowen &c. that I A. C. of &c. sole executrix of the last will Sect. 500. and testament of L. C. of S. &c. late my husband deceased, haue receiued the day of the date hereof of I. P. of G. in the County of L. gent. the summe of xl. pounds of &c. for the full and cleare discharge & determination of one annuity or yearely rent of viii. l. of currant &c. granted by E. V. vnto the said L. C. my late husband, to be taken and perceiued out of the Manor of M. in the saide County of L. as by the deed Indented thereof made, bearing date the &c. which said annuity or yerely rent of viii. l. is to be determined and extinguished vpon paiment of the summe of xl. l. by the said I. P. his heires, executors or assignes vnto the said A. C. his &c. as by the saide deede Indented made betweene the said L. C. of the one party, & the said E. V. of the other party bearing date the day and yere aforesaid more plainely it doth & may appeare, Of which said summe of xl. l. &c. In witnes &c.

¶ An Acquitance with acouenant to saue harmelesse.

BE it knowen &c. that I I. G. of &c. haue receiued the day of the Sect. 501. making hereof of I. P. to the vse of M. B. one stone Iugge couered & footed with siluer & gilded, & one glasse couered, footed & also ribbed with siluer & gilded wherof I the said I. G. doe couenant &c. the said I. P. his executors, administrators, and assignes, & euery of them by these presents clearely to acquite, exonerate, and discharge, & the said I. P. his executors & administrators against the saide M. B. his heires and assignes by these presents &c. Sealed &c.

¶ Acquitance made by an Atturney.

VNto all men &c. A. D. sendeth greeting, Knowe yee the Sect. 502. saide A. D. by vertue and authoritie of one writing or letter of [Page] Attorney made to me by R. S. to haue had and receiued the day of the date hereof of C. W. &c. the summe &c. wherein the said C. did stand boūden to the said R. S. by his bil Obligatory, of which summe &c. so by me receiued, I acknowledge my selfe in the name of the said R. truely and fully satisfied and payed, and thereof and of euery part and parcell thereof do cleerely acquite & discharge the said C. W. his heires, executors and administrators and euery of them by these presents. In witnesse &c.

¶ Acquitance by Substitute or deputie.

VNto all &c. R. R. greeting, where R. S. & [...] recite the first letter Sect. 503. of Atturney, And where also the said A. D. by vertue of the said letter of Atturney did by his writing vnder his hand & Seale cō stitute & appoint me the said R. R. his lawfull deputie and substitute to aske &c. to the vse of the said R. S. And did giue me further authoritie to deale for him in the premisses, as by the same writing made to me by the said A. D. appeareth. By vertue and aucthoritie whereof, now know ye me the said R. R. to haue had &c.

Partition.

¶ A Partition of lands d [...]scended.

THis Indenture made the x. day &c. betweene P. W. Citizen of Sect. 504. London, & A. his wife one of the daughters and heires of W. R. late of London Mercer, and one of the sisters and heires of T. R. which was sonne & heire of the said W. R. whē he liued, on the one partie, & I. R. widowe sister of the said Anne, another of the daughters and heires of the saide W. R. and another of the Sisters and heires of the said T. R. and S. Citizen and Mercer of London, W. W. Draper and I. B. Draper which were of late enfeffed by the said I. of the moitie of a great tenement or mesuage &c. & set & lying together in the Parish of S. B. to the vse of the said I. & her heirs on the other party, Witnesseth that it is couenāted, granted, condiscended and agreed between the said parties, for a partition betweene them to be had and made of the inheritance of the said tenement and other the premisses in the said Parish, which discended to the saide Anne and Ioan in copercenarie, by and after the death of the said R. as well daughters and heires of the said R. W. as sisters [Page] and heires of the aboue named T. R. in manner and forme ensuing. First it is couenanted and graunted betweene the said parties and the said I. and her feoffees graunted by these presents, that the said R. and A. in the right of the same Anne, shall haue for their part and purpartie of the aforesaid lands and tenements &c. three dwelling tenements of the yeerely value of iiii. pounds. In one of the which said tenements T. D. Barbor now dwelleth and inhabiteth, containing in it selfe xl. foote of assise of square &c. And in the other tenement of the three dwelleth one M. A. widowe, and it conteyneth &c. And the third tenement is in the possession of A. R. &c. which said three tenements, with the ya [...]ds, kitchings, chambers &c. in as ample and large maner and fourme as the said persons now dwelling haue or occupy, or they, or any other afore time haue had or occupied. The said P. and A. as in the right of the same A. shall haue and enioy to her and her heires, in ful recompence and allowance of, and for her part, and purpartie, that to her belongeth or ought to belong, of al the said meases, lands, tenements &c. by, and after the decease of the foresaid W. and T. and either of them, as one of the daughters and heires &c. And it is agreed betweene the said parties, and the said I. and her feoffees, bin contented and pleased to accept and take in full recompence and allowance, of, and for the part of the said I. of all the meases, landes, tenements, hereditaments and other the premisses aboue rehersed, to the vse of the said I. and of her heires, one great tenement of the said three tenements containing &c. with the appurtenances in as ample and large manner as T. C. Gentleman now dwelling in the same or any other &c. And it is further fully agreed, couenanted, and granted betweene the said parties by these presents, that at all times conuenient it shall be lawfull to either of them to enter into others part to them allotted, to do reparations and other behoofes necessary vpon the meases, lands, and tenements, to them seuerally allotted, in amending, building, or repairing, or otherwise, of, & vpon their owne parts of the said lands, tenements &c. to them allotted and appointed by these presentes. And ouer that it is agreed, couenanted, and graunted betweene the said parties, that all annuall rents, and seruices due to the Lord or Lordes of the fee &c. shall be equally borne betweene the said A. and I. and their heires and assignes, inhabiters of the same tenement &c. that is to say, either of them for their part and portion afore allotted &c. In witnesse &c.

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¶ An Indenture of Partition of lands purchased.

THis Indenture &c. witnesseth, That whereas one T. B. and the Sect. 505. said T. B. iointly purchased to them and their heires for euer, of one T. P. of &c. diuers mesuages, landes, &c. with the appurtenances scituate, lying and being in S. &c. And where afterwards in the life of the saide T. B. viz. the xvi. daie of M. &c. full and perfect diuision, seperation, and partition of all the saide mesuages &c. and of all their estate in the same, was had and made by, and betweene the said T. B. and T. B. being both then present, at, in, and vpon the saide mesuage &c. with the appurtenances in maner and forme following, that is to say, That the said T. B. should haue and inioy to him and his heires for euer, quietly from the said T. B. and his heires diuided in seueralty, and not in iniointure for his full and whole moitie, parte, purpartie, and portion of al and singuler the said mesuages &c. and in allowance and recompence thereof, one house in S. in the tenure &c. with three doles &c. one other house &c. And that the said T. B. should haue and inioy to him and his heires for euer quietly from the saide T. B. and his heires for euer, diuided in seueralty, and not in ioynture for his ful and whole moity, part, purparty and portion of al and singuler the said mesuage &c. and in full allowance, satisfaction, and recompence thereof, one house &c. Neuerthelesse, for asmuch as some question, variance, and contention hath lately risen betweene the said parties touching and cōcerning the quiet occupation of some part of the premisses: for the appeasing whereof, and for the extinguishment and vtter auoiding of all ambiguities, doubts, variances, and contentions, which hereafter might chance to arise, and sure cōfirmation of the said partition so made as is abouesaide. And for a perfect and absolute partition and diuision to be made of such parts and portions of the said mesuages &c. as yet remain vndeuided (if any such be) it is couenanted, granted, promised and agreed, by, and betweene the said T. B. and the said F. and A. their heires, executors, and administrators, and euery of them by these presents in maner and forme following, that is, the saide F. and A. for themselues, and the heires &c. of the said F. do couenant, grant, promise, &c. to and with the said T. B. his heires &c. that he the said T. B. his heires and assignes, and euery of them for euer, shall or may haue, holde, and quietly enioy from the said A. and F. and either of them, and the heires of the saide F. foreuer, [Page] uer, diuided, in seueralty, and not in iointure, for his full and whole moity, part, purpart, and portion of al and singuler the said mesuages &c. so by them the said T. B. & T. B. iointly purchased, as is aforesaid and in full recompence & satisfaction thereof, and of euery part thereof all and singular the said mesuages, cottages, lands, and tenements with the appurtenances, and euer; parte thereof aboue by these presents recited, & to be allotted, appointed, or set foorth for the moitie, part, purpart and portion of the said T. B. in, and by, the said former partition, cleerely acquited, discharged, and saued harmelesse, of, and from all maner of bargaines, sales, gifts, grants, alienations, leases, mortgages, iointures, dowers, statutes, bonds, recognisances, rents, seruices, arrerages of rents and seruices, annuities, intrusions, fines, forfaitures, issues, amerciaments, iudgements, condemnations and incumbrances whatsoeuer, &c. And the like couenants and grants on the other side, with couenants on either partie for further assurance &c.

¶ Partition amongst 4. Parceners.

THis Indenture Quadripartite made &c. Betweene H. L. and M. Sect. 506. his wife on the first party, C. H. & K. his wife on the second partie, N. H. and A. his wife, late wife of Q. S. deceased on the thirde partie, and T. H. and M. his wife on the fourth partie, Witnesseth, that where the manors, landes, tenements and hereditaments late of R. H. as in the right of A. his wife contained and specified in fower scedules indented annexed to these Indentures, are discended and come to the said N. nowe the wife of the said H. L. and K. now the wife of the said C. H. to A. now the wife of the said N. H. and to M. now the wife of the said T. H. as daughters and heires vnto the said A. And whereof there hath beene partition seuerance & allotment seuerally made amongst themselues by assent of their friends, of all the said manors, landes, tenements and hereditaments betwixt the saide H. and M. his wife C. and K. his wife, Q. and A. then his wife, nowe wife of the said N. and T. and M. his wife according to the lawes of this realme, And euery of the said husbands and wiues haue thereby a fourth part of the premisses, as was set downe in writing. as equally as might be, by them and their friends before the same so seuerally came to any of the said husbands & their wiues by the said partitiō & allotmēt, The cōtents of which writing purporting y^• seueral parts, [Page] portions, and purparties of the saide parties, is contained in fower scedules indented hereunto annexed (*) And now the said H. L. and M. his wife, C. H. and K. his wife, N. H. and A. his wife, and T. H. and M. his wife, and euery of them for themselues and their heires, do couenant & graunt by these presents, for the better corroboration and confirmation of the saide partition made, agreed, and assented to, in such maner & forme, as it was to, and with euery of thother of the said parties and their heires, to stand to, and agree to the same partition and allotment so made, and to permit & suffer the same to stand, remaine, and abide in ful strength and force foreuer. And that euery of them and theire heires, not all onely to hold themselues contented with the said partition, and such part, portion, & purparty, as to them is assigned, or come, or happened in seueratie to be holden, by reason of the said partition or allotment, but also that euery other of the said parties and their heires, shall haue and hold such part, portion, & purpartie, as to them or any of them is assigned, commen, or happened in seueraltie, to be holden by reason of the same partition or allotment, or wherof they, or any of them the day of the date hereof are seised in seueraltie, by reason or colour thereof. And further the said &c. vt supra (*) couenanteth and granteth, to and with euery other of them seuerally, their seuerall heires and executors, that euery of the saide parties, his wife & heirs, for whom he or any of them couenanteth by these Indentures, shall as farre as in them, or any of them lyeth or shall lye, or be, and at such time and times as the law wil suffer, admit and accept, during three yeres next insuing the date hereof, do, cause, knowledge, & suffer to be done, all and euery such thing & things, act and actes, be it by fine, recouerie, release, confirmation, this deede or any other to be inrolled, or otherwise, as shalbe reasonably aduised or deuised, for the full and perfect assurance of the said seuerall portions & purparties, to make the said partition perfect & firme, and to indure for euer, according to the due order of the law, & according to thintent and true meaning of the said parties. And furthermore, the said &c. vt supra (*) seuerally couenant & grant, to and with euery other of them, their seuerall heires & assignes, that they shall or may haue and inioy their said seuerall portions & purparties of the premisses fallen or happen by their said partitions or lot, or in their saide scedules hereunto annered contained, from time to time for euer discharged, acquited, or saued harmelesse of all former bargaines, sales, leases, charges & incumbrances, had, made, done, or suffered by any of them, chargeable, or to be charged hereafter, or intended to bee charged or [Page] chargeable by this couenant. And that euery of the said coparceners, their husbands and heires, shall permit & suffer the other, their heires and assignes, to haue, take, and enioy all euidences, deedes, and writings, only concerning such manors, lands, tenements, and hereditamēts, as is so allotted to any of the said coparceners in partition, and the true copies of all other euidences and writinges concerning their said portions & purparties to them allotted, or any part therof, and any other lands or tenements, at the costs of the writing of such copies of them that will demaund the same, the deliuerie of such euidences, deedes, writings, and copies to be made within the space of two yeres next after the demaund thereof. Moreouer the saide &c. that is to wit, euery of the said parties seuerally for themselues and their heires, executors, and assignes, couenanteth and granteth, to, and with euery of thother of the said parties seuerally, their heires, executors, and assignes, that euery of the saide parties, his wife and their heires, for whom hee or any of them couenanteth by these presents, shall permit and suffer peaceably and quietlie euerie one of the other said parties or coparceners, their heires, executors, & assignes, to haue free ingresse, egresse, and regresse, way and passage, into, and from their seuerall portions, partes, and purparties of the premisses contained in the said scedules heere unto annexed, to the which they cannot come or haue passage through their owne ground to them, as aforesaid allotted, from the common way, in, by, and through such ground and part of the premisses, to any other of the said coparceners allotted or fallen by the said partition, as shall most conueniently serue for the same way and passage, and as may bee least hurtfull to them of the said parties, ouer any part of whose portions, part, or purpartie of the premisses such passage or way shall be had or made. In witnesse whereof to the first part of these Indentures towardes the said H. L. and M. his wife remayning, the said C. H. and K. his wife, T. H. and A. his wife, and N. H. and M. his wife, haue set their seales &c. to the second part of these Indentures &c.

In this Scedule indented Quadripartite, is contained and specified the part, portion, and purpartie of the manors, lands, tenements, and hereditaments late of R. H. as in the right of A. his wife, which by partition, seuerance, and allotment did fall, and were allotted to H. L. and M. his wife.

Inprimis, the Kitchin and Boulting house &c.

Item a Close called water Craft &c. And so of euery of the said Coparceners.

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¶ A Partition betweene Coparceners.

THis Indenture made &c. Between R. G. of &c. and A. his wife on Sect. 507. the one partie, and E. S. and E. his wife on thother partie, Witnesseth, that where diuers and sundrie measuages, lands, tenements, and hereditaments in S. and T. &c. be discended and come to the said A. and E. as to the two daughters and one heire of W. T. their father deceased, since whose death the said A. hath taken to husband the aforesaid R. G. and the said E. and the said E. S. who haue holdē and inioyed, and yet do hold and inioy the said mesuages, landes, tenements, and hereditaments in copercenarie, as in the right of the said A. and E. Now the said parties for diuers good causes and considerations them specially mouing, haue made partition, seperation, and diuision of the premisses, and by these presents do make diuision, partition, and seperation of all the said landes, tenements, hereditaments, & other the premisses, in maner and forme following. First it is rouenanted, granted, concluded, and agreed betweene the said parties: And the said E. S. and E. his wife, for themselues, their heires, executors, and administrators, do couenant, graunt, conclude, condiscend, and agree, to and with the said R. G. & A. and the heires of the said A. and his heires and assignes by these presents, that they the said R. and A. and the heires of the said A. shall haue, occupie, and inioy for his and their part, purpartie, and portion, of all the said mesuages, lands, tenements, and hereditaments in S. and T. aforesaid, one mesuage &c. And rehearse all the parcels. And also all such other mesuages &c. whatsoeuer they be in S. aforesaid, which by any way or meanes are discended and come vnto the said A. and E. from the said W. their father, A like couenant that E. S. and E. shall inioy the landes in T. with a couenant on either part to make further assurance. And forasmuch as the landes, tenements, and hereditaments in T. aforesaid, set forth and allotted for the part, purpartie, and porcion of the said E. and her heires, and into be assured vnto the said E. and E. his wife, and to the heires of the said E. according to the couenants in the Indenture, do a [...]unt to a more yeerely summe or rent then the said landes, tenements, and hereditaments in S. aforesaid, set forth and allotted vt supra. The said E. and E. his wife, for themselues, their heires, executors, and administrators, in consideration thereof, doth by these presents couenant to pay to the said R. and A. x. shillings of lawfull &c. In witnesse &c.

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¶ A Partition betweene Iointenants.

THis Indēture tripartite made &c. Between A. B. and C. A. of the Sect. 508. first partie, and B. of the second partie, and E. of the third party, Witnesseth, that it is couenanted, granted, and agreed betweene and amongst the said parties, and euerie of them for himselfe, his heires, executors, and administrators, by these presents doth seuerally couenant, grant, and agree, to and with thother, his heires and executors, in maner and forme following. First, that where the parties before this time haue iointly bought to them and to their heires of A. B. the manor of S. &c. for the purchase whereof the said parties haue & must pay the summe of &c. Now it is couenanted, granted, and agreed betweene the said parties, & the true intent & meaning of euery of them is, that forasmuch as euery of the parties aboue mencioned doth and must pay the full and whole third part of the said summe of money aboue mencioned, That if it shall fortune (as God forbid) any of the said parties aboue named to die before any partition or seuerance to be had or made amongst them, shall haue, occupie, & receiue all rents, profits, and commodities of the said manor and other the premisses, in as ample and large maner & forme, as he or they should haue done, if he or they that shall so die, had liued and bin liuing. Furthermore, it is couenanted, granted, and agreed betweene & amongst the said parties, that if it be, that one or two of the said parties shall happen to die before partition or seuerance made of the premisses: That then he or they that shall suruiue, & his or their heires at all time and times within three yeres next after the death of him or thē that shall so die, shal do and suffer to be done all and euery such thing or things, act or actes, for the assurance and sure making of the third part of the said manor of S. with thappurtenances, to the heires & assignes of euery of them, that so shall fortune to die before partition, as shall be reasonably deuised or aduised by the said heires of him or them that shall so die, or by his or their learned counsel, be it by fine &c. or otherwise, at the costes & charges in the law of euery such person or persons that shall require any such assurance. And so other couenants as is agreed.

¶ Partnership.

¶ Societie or Ioint occupying.

THis Indenture &c. Betweene I. T. and E. M. Citizens and Sect. 509. Haberdashers of L. on the one partie, and I. B. and R. I. of the same Citie Grocets on the other partie, Witnesseth, that [Page] whereas at the day of the making hereof, it is accorded, couenanted, &c. between the said parties, & either of the same parties, by himselfe, & for his own part couenanteth for himselfe &c. to the other, that they and either of them shal iointly as partners occupie together, as well in buying, as selling of all maner goods, wares, and marchandizes, as by factorship, alienation, exchange, and otherwise, aswell beyond the Sea, as on this side, viz. from the day of the making hereof, vnto the end and terme of fiue yeres then next following, and fully to bee complete & ended, during which time or terme, either of the said parties shalbe iust, faithful, and true to the other in buying & selling, and otherwise, as is aforesaide. And all such lucre, profit, and increase, gaine, aduantage, and winning, as shall come and grow in buying & selling, any goods, wares, or marchandizes, & otherwise, during the said terme, shalbe equally parted & deuided betweene the said parties, viz. either of them to haue his iust & true portion or part of the gains aforesaid, and at all times within the said terme when it shall please either of the said parties to giue admonition or warning to other, thē either of them to make other a iust & true reckoning and accompt of the buying and selling of all maner wares, goods, marchandizes, and otherwise, as is aforesaid, and of the increase and aduantage that shal come and growe of the same. And also it is couenanted and agreed betweene the said parties, that if either of the said parties at any time within the said terme, happen to lose by debts, casualty, or otherwise any part or parcell of y^• occupying in buying & selling of any goods, wares, and marchandizes, or otherwise, in manner and forme as is aforesaid, so that it be not by negligence, colour, or fayned pretence, & that immediatly proued, that the same losse be borne equally betwen either of the said parties. And also it is couenanted, concluded, and agreed betweene the said parties, & either of them for his owne part permit [...]eth, couenanteth, & granteth to the other, that if any of them within the saide terme, which at this present time are not espoused, happen hereafter to espouse and marrie a wife: that then forthwith i [...] shalbe at the wil & plesure of the other, whether the party so espoused or maried shal any longer cōtinue as partner, according to the tenor and forme aboue rehearsed. And also it is agreed, that if either of the parties happen (as God defend) at any time w^tin the said termes to die, then the executors or administrators of the goods and chattels of the partie so deceased, shall truly without any couin or guile, make a iust and true accompt, and readie payment and deliuerance of all such increase and gaines, as then shall bee remayning to the lyuing.

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And moreouer it is couenanted and agreed betweene the said parties, that if either of them be found vntrue in his reckoning and accompt, contrarie to the true meaning of this present Indenture, to the value of xx. shillings sterling, then the said partie so found defectiue to forfait and pay to the other C. li. sterling, without any delay, according to the tener and true meaning of this present Indenture. And to all and singuler couenants, promisses, conditions, & paiments aforesaid, on either part to be truely without couin or fraud obserued performed, fulfilled, & kept, in maner & forme, as is aforesaid, either partie for him, his heires, executors &c. bindeth himselfe to the other, in the summe of CCC. li. sterling, wel and truely to be paied by these presents. In witnesse whereof &c.

¶ Couenants of Partnership or societie in trade.

THis Indenture made &c. between I. W. Citizen and Clothworker Sect. 510. of L. of thoue partie, and T. B. Citizens & Clothworker of L. on the other partie, Witnesseth, that whereas the saide I. W. and T. B. haue occupied together as coparceners & parting fellowes, in all maner of buying, battering, and bargaining, selling and doing, of, and with their seuerall stockes, and of, and with diuers and sundry other goods, wares, and marchandizes taken vpon their credite, and of, and with all their increase and gaines that hath risen or growne by reason of their occupying. Except a particuler trade of occupying for Steele, which the saide I. W. hath occupied seuerally by himselfe: And also except one other seueral trade of retayling, which the said T. B. hath seuerally occupied within the shop of his dweling house of W. in the Citie of L. from the first day of I. which was in the sixe yere &c. vnto the first day of I. now last past. And whereas also the said I. W. & T. are now contented, condiscended, & agreed to occupie together as coparceners & parting fellowes, in al the trades and occupying aforesaid, of, and with all maner of marchandizes (except the said trade of occupying Steele) from the day of the date of these presents, vntill the feast of the byrth of our Lord God, which shalbe in the yeare of &c. Whereupon it is couenanted &c. in maner and forme following, that is to say: That he the said I. W. & his seruants, haue and hath from time to time sithence the begining of this copartnership, truely & honestly vsed, imployed, & occupied all maner of such trades, doings, & occupying, as from time to time haue or hath come to their hands, vsages, or doings, to the most profit & aduantage of this ioint occupying, that he or they could deuise without any maner of fraud or couin, and in such good, true, honest vsing, occupying, [Page] and imploying of al maner of trades & doings concerning this coparcenership, shall from time to time continue, vntill the said feast of &c. And that the said I. W. & his seruants, shal from time to time during the said terme, at, & vpon the lawfull & reasonable request of the said T. B. his executors & assignes, or seruants, make & declare, or cause to be made & declared vnto the said T. B. his executors, & assignes or seruants, a true, iust, & perfect accompt & reckoning in writing, of all the whole occupyings, buyings, sellings, bargaynings, and doings, which the said I. W. or his seruāts haue, or hereafter before the time of y^• said request, shal haue occupied, bought, sold, bargained, borowed or exchanged, concerning this ioint occupying: By which accompt aswell the names, s [...]rnames, summe, & summes of money, & qualitie and qualities of wares and marchandizes, so by him or them bought, sold, bartred, borowed, or exchanged, cōcerning this ioint occupying, as the true, [...]ust, & perfect estate of their ioint occupying, may plainly, truely, & euidently appeare to the said T. B. his executors & assignes or seruants. And further that all maner of cleere increase & gaines that shal rise, come & grow, by reason of this ioint occupying, shall be from time to time deuided betwene the said parties, part and porcion like. And further, that he the said I. W. his &c. shal for his part, pay and beare al his owne proper costs & charges, of house keeping, house rent, apparel, subsidies & fifteenes, & that towards all the same, he the said I. W. his executors, administrators, or assignes, shall not in any one yere take or spend out of their ioint occupying, aboue the summe of 150. l. at the most. And further, that he the said I. W. his &c. shal from time to time pay & be are the moitie of al such losses as shal happen by misfortune of the Sea, euill debtors, or otherwise touching or concerning the ioint occupying. And further that the said I. W. hath not heretofore done, or suffered to be done, nor shall at any time hereafter during this coparcenership, do or suffer to be done any maner of act, fact, deed or thing, which is, shall, or may be any maner of damage, hurt, or losse to the stock of the said T. B. or to their ioint occupying, or whereby the ioint occupying shall or may decrease, or be diminished, without the consent & agreement of the said T. B. his &c. first obtained in writing. And further, if the said T. B. happen to die or depart out of this mortal world before the said feast of the birth of our lord God, which shalbe &c. that he y^• said I. W. or his assignes, within one moneth next after lawful request to him or the to be made by the executors, administrators, or assignes of the said T. B. shal not onely make & declare to y^• same executors, administrators &c. a true, [Page] iust, and perfect, accompt, and rec [...]oning in writing, of all the estate of this ioint occupying and coparcenership, whereby the names and sirnames of all and euery debtors and creditors, and the quantitie of goods, wares, money, & marchandize, then being or belonging to this ioint occupying or coparcenership, shall and may plainly, truely, and euidently appeare to the same executors, administrators, or assignes, but also make a true & perfect deliuerie & assignement to the said executors, administrators, or assignes of the said T. B. of the moitie, one halfe part of all such goods, wares, money, marchandize, & debts, as vpon the said accompt shall appeare to be remayning or belonging to the said coparcenership, ouer and besides such debts, as the said coparceners shal then owe, or be indebted in, by reason of their ioynt occupying, in as large and ample maner, as if the coparcenership had bin ended, and the said T. B. remayning aliue. And that the assignement of such debts as shal be allotted to the said executors or administrators of the said T. B. shal be made, cōueied, & assured to the same executors or administrators of the same T. B. in such maner & forme, & by such reasonable conueyance, as by the learned counsell of the same executors or administrators of the same T. B. shalbe deuised or aduised. And further, that if the said T. B. doth liue vntil the said feast of the birth of our Lord God, which shalbe &c. that then the said I. W. and his seruants then being, within one Moneth after lawful request to him or them made by the said T. B. shall make & declare such like, true, and perfect accompt, reckoning, and things, & to all intents and purposes, to the said T. B. or his assignes, as is aboue limitted or mē tioned, to be made or assigned to the executors or administrators of the said T. B. if he should happen to die, as is aforesaid. And likewise the said T. B. for himselfe &c. that he the said T. B. and his seruants, haue & hath from time to time, sithence the beginning. of this coparcenership, truely, & honestly vsed, occupied & imployed, al maner of such trades & doings &c. vt supra an the part of I. W. In witnesse &c.

Exchange.

¶ A graunt of Exchange.

THis Indenture tripartite made &c. Betweene the right Honorable Sect. 511. Sir W. W. knight, Lord W. of the one partie, & W. S. Esq. on the second partie, and R. G. of M. in the Countie of E. on the third partie, Witnesseth, that the said Sir W. W. and W. S. haue giuē, granted, & by these presents do giue and grant [Page] vnto the said R. G. iil. acres & a halfe an acr [...], & also one rod or pearch of land, parcell of their manor of D. H. and C. in M. aforesaid, in one field called &c. betweene &c. To haue and to hold the said iii. acres & a halfe, & the said pearch of lād to the said R. G. his heirs & assignes for euermore in exchange, for two peeces of land of the said R. G. containing like quantitie of land, lying in &c. aforesaid, in the said M. whereof one peece lieth betweene &c. And the said R. G. hath giuē and graunted, and by these presents doth giue & graunt vnto the said L. W. and W. S. the said two peeces of land, To haue & to hold the one moitie of the said two peeces of land to the said L. W. his heires & assignes for euermore: And to haue & to hold the other moitie of the said ii. peeces of land to the said W. S. his heires & assignes for euermore in exchange, of, and for the said iii. acres & an halfe acre, & a rod or pearch of land. Prouided alwaies, and euery of the said parties for them, their heirs & assignes do grant and agree by these presents, that if it fortune any of the lands before rehearsed to be euicted or taken away, out of the possessiō of any of the said parties, their heires or assignes, by any person or persons, by any former right or title, so that the exchange cānot continue, or if the heires or assignes of the said L. W. & W. S. or the wife of the said W. S. or any of them do disagree to the foresaid exchange, by entry into the premisses, or into any part thereof, or by any other meanes: That then and from thencefoorth the said gift & grant in exchange, & of euery of the parties of the premisses shall be vtterly void, & of none effect. And that then it shall be lawfull to euery of the said parties, their heires and assignes, after such euiction or disagreement had, to reenter into euery of their said former lāds, & the same to haue againe & inioy in their former estate: This Indenture in any maner of wise notwithstanding. In witnesse whereof to the one part &c.

¶ Granges in Exchange.

THis Indēture made &c. Betweene the right Ho. T. S. &c. of the Sect. 512. one party, & R. H. of S. in the Coūty of C. of thother party, Witnesseth, that it is couenanted, granted, concluded, & by these presents agreed betweene the said T. S. &c. & R. H. in maner & forme following, that is to say: The said T. S. hath giuen, granted & confirmed, & by these presents doth fully & cleerely giue, grant & confirme to the said R. H. & to his heires & assignes for euer in exchange, for certaine lands, possessions, & hereditaments, late parcell of the lands and possessions of I. L. attainted and cōuicted of high Treason, with al such auoidances, presentations, nominations, free disposition, and right [Page] of patronage of the Parish Church of S. aforesaid. And also all and singuler his mesuages, milles, tofts, cottages, lands, tenements, medowes, moores, closes, pastures, commons, wastes, heathes, hedges, woods, vnderwoods, rents, reuersions, seruices, & all other hereditaments, liberties, perquisites, commodities, profits, & appurtenances, had, knowledged, accepted, reputed, or vsed, as part, parcel, or mēber of the same manor of S. or in any maner of wise belonging or appertayning to the same manor: All which said manor, lands, tenements and hereditaments, and other the premisses, the said T. S. lately had to him and to his heires, of the gift and graunt of Sir R. A. knight deceased, and of D. C. gent̄, had and purchased to them & their heires for euer, of the late king of famous memorie king H. viii. as by certaine letters Patents thereof made to the said Sir R. A. and D. C. and to their heires, bearing date &c. in the xxx. yeere &c. more at large shall and may appeare. To haue and to hold the said Lordship, manor, mesuages, milles, toftes, cottages, landes, tenements, medowes, closes, pastures, commons, heathes, moeres, marshes, woods, vnderwoods, rents, &c. and all other the premisses with their appurtenantes in exchange, as is aforesaid, to the said R. H. his heires and assignes, to the onely vse and behoofe of the said R. H. his heires and assignes for euer. All which said manor, mesuages, landes, tenements, and other the premisses, the said T. S. for him, his heires and executors, couenanteth and graunteth by these presents, to and with the said R. H. his heires, executors, and administrators, to be of the cleere yeerely value of x. pound, ouer and aboue all charges and reprises, and so shall or may continue without fraud or couin. And also the said. T. S. for him, his heirs &c. to and with the said R. H. and his heires, that the said manors, lands, tenements, and all other the premisses, and euery parcell therof, now be cleerely exonerated and discharged of all and euery former bargaines, sales, willes, statutes of the Staple, statute Marchants, Recognisances, and of al other charges whatsoeuer they be, in any wise had or made by the said T. S. or by any of them, or by any other person or persons for them, in their right, or by the procuremēt of any of their lessees for terme of yeres, whereupon the old and accustomed rents or more bin reserued, and the rents and seruices from thenceforth due to the chiefe Lord and Lords of the fee or fees thereof onely excepted. And also the said T. S. hath cleerely giuen and graunted, and by these presents doth giue and graunt to the said R. H. and to his heires, all & singuler euidences, deedes, charters, writings, and muniments, concerning onely [Page] the premisses, or any parcell thereof, as now be in the hands & possession or custodie of the said T. S. or to any other to his vse, or by his deliuerie. All and singuler which saide euidences, deeds, charters, writings and muniments, the said T. S. for him, his heires and executors, couenanteth and granteth by these presents, to and with the said R. H. his heires, executors, & administrators, to deliuer or cause to be deliuered to the saide R. H. his heires, executors, or assignes, within the space of one yere next insuing the date hereof. In consideration of all and singuler the said exchange, couenants, grauntes, and agreements before in these presentes recited and specified on the part and behalfe of the said T. S. to be well and truely executed, performed, obserued and kept, the said R. H. hath likewise, giuen, graunted and confirmed, and by these presents doth giue, grant, & cōfirme to the said T. S. and to his heires and assignes for euer in exchange, for the said manor of S. with thappurtenances, and all and singuler the premisses before specified, all that his pastute and close called S. with thappurtenances being deuided into three parts, and lying &c. And also those his three weares vpon Thames now cast down, lying betweene I. and S. together with the waterbankes, and seueral piscaries with their appurtenances, commodities and profites. To haue and to holde the said close and pasture with the appurtenances, weares, waters, bankes, and seuerall piscaries with the appurtenances to the said T. S. his heires and assignes, to the onely vse and behoofe of the said T. S. his heires and assignes for euer. All which premisses last recited and giuen by the said R. H. to the saide T. S. in exchange, as is aforesaid: The said R. H. for him, his heires and executors, couenanteth and graunteth by these presents, to and with the said T. S. his heires, executors, and administrators, to bee of the cleere yerely value of tenne pound, ouer and aboue all charges and reprises, and so shall or may continue without fraud or couin.

And the said R. H. for him, his heires, and executors couenanteth and graunteth by these presents, that all and singuler the close and pasture, weares, waterbankes, and seuerall piscaries, and euery parcell thereof, now be cleerely eronerated and discharged of all and euerie former bargaines, sales, willes, Statutes of the Staple, Statutes Marchant, Recognisances, and of all other charges whatsoeuer they bee, in any wise had or made by the said R. H. or any other his ancestors, or by any such person or persons of whom the said R. H. had or purchased the same leases for terme of yeres, whereup on the olde and accustomed rents or more be reserued, and the rentes [Page] and seruices from thenceforth due to the chiefe Lord or Lords of the fee and fees thereof onely excepted. And also the saide R. H. hath cleerely giuen and graunted, & by these presents doth giue and grant to the said T. S. and to his heires, all & singuler euidences, charters, deeds, writings and muniments, concerning onely the said close and pastures, wares, waterbankes, and seuerall piscaries, or any parcell thereof, as now be in the hands and possession or custodie of the saide R. H. or any other to his vse, or by his deliuerie. All and singuler which said euidences, charters, deedes, writings, and muniments, the said R. H. for him, his heires & executors couenanteth and graunteth by these presents, to and with the said T. S. his heirs, executors and administrators, to deliuer, or cause to be deliuered to the saide T. S. his heirs or assignes, within the space of xii. yeres next insuing thensealing of these presents. And furthermore the said T. S. for him, his &c. to and with the said R. H. his heires and executors, that forasmuch as the said close and pasture, weares, and other the premisses before mentioned in these presents, and giuen in exchange by the same R. D. doe exceede the yerely value of the said manors, lands, tenements, and other the premisses giuen in exchange to the said R. H. and his heires, by the said T. S: That therefore for the equalitie of the said exchange, the said T. S. his heires, executors, or assignes, shal content and pay, or cause to be contented and paied to the said R. H. his heires &c. In witnesse &c.

¶ An Exchange.

SCiant presentes & futuri, quod ego W. A. armig', dedi, cōcessi, & Sect. 513. hac presenti charta mea indentata cōfirmaui I. S. Militi, duas partes manerij mei de O. in Com̄ N. cum omnibus natiuis meis & eorū sequela, tam procreat̄ quā procreand', vna cum oībus terris, ten̄tis, reditibus, seruitijs, libertat̄, ac duobus molend', vnde vnū ventriticū & aliud aquaticū cum sect' multur̄, tam liberor̄ quā natiuorū, cum pratis, pastur̄, vijs, semitis, ripar̄, aquis, piscar̄, stagn̄, viuarijs, turbarijs, gard', curtilag', homag', ward', maritag', cōmunijs, boscis, subboscis, warrenn̄, moris, marisc', releuijs, eschaet̄, cur̄, & sect' cur̄, cum vis, frā cipleg', cum oībus alijs suis iuribꝰ pertin̄, consuetud', libertat̄, & cō moditat̄ quibuscun (que) eidē maner̄ spectant̄: Dedi etiā & cōcessi eidē I. S. aduocationem Ecclesiae de G. prae d' manerio spectant̄, necnon reuersionē tertie ꝑtis p̄dict' maner̄, quā A. mater mea tenet nomine dotis suae cum acciderit post decesium eiusdem A. Habend' & [Page] tenend' p̄dictas duas partes maner̄ praed', cum omnibꝰ natiuis meis &c vt supra, cum aduocatione Ecclesiae praed', ac reuersionem tertiae partis maner̄ p̄dict' cum acciderit praef I. S. & haered' & assign̄ suis inperpetuum in excābio pro manerio suo de H. in Com̄ N. quod ego habeo ex dono & feoffamento praed' I. S. per excambium praed', de capitalibus dominis feodi illius, per seruitia inde debit̄, & de iure cō suet̄, sub forma & conditione sequent̄, viz. Quod si praedict' maner̄ de H. cum suis pertin̄, vel aliqua inde parcell' imposterū de me, vel haered' meis, aut de meis assign̄ iusto titulo ex antiquo tempore mot̄ vel mouend' per legis process. & iudiciū in cur̄ dict' Reg. redd' siue reddend' recuper̄, aut per statutum Stapul', vel Mercator̄, recognic', vel cōcession̄, ante hoc temp' per possessores dicti maner̄ de H. fact' siue cognit̄, seu aliquo modo oneretur siue extendetur, extunc bene liceat mihi p̄fato W. hered' & assign̄ meis in maner̄ de O. cum oībus nat [...]uis &c. vna cū aduocac' & reuersion̄ p̄d' reintrare & ea rehabere & retinere, vt in statu suo pristino, hac praesenti charta mea indentat̄ & seisin̄ inde deliberat̄ vllo modo non obstante. Et ego vero praed' W. & haered' mei praed' maner̄ de O. cum omnibus natiuis &c. vna cum aduocac' &c. ac reuerc' tertiae partis cū acciderit praef. I. hered' & assignat̄ suis in forma praed' contra omnes homines warrant̄ & imperpetuum defendemus per praesentes. In cuius rei &c.

¶ An Exchange.

THis Indenture made &c. Betweene Sir E. A. and Dame M. his Sect. 514. wife on the one party, and I. N. of &c. & W. his wife of the other partie, Witnesseth, that where the said Sir E. A. & M. stand seised of, and in the manor of M. and of one capitall mesuage called E. and the scite and demeane of the late dissolued Monasterie of E. in the coūtie of W. and of diuers mesuages, lands, tenements, & hereditaments in E. S. A. and B. in the said countie of W. And where also the said I. N. is and standeth seised, of, and in the manors of H. and M. and of diuers other mesuages, lands, tenements, and hereditaments in H. in the said countie of M. which manor, landes, &c. in the said countie of W. the said sir E. A. and I. N. are agreed shall be assured & conueyed, part thereof to the said I. N. and W. & to theires of the said I. N. and another part therof to the said I. N. and his heires, in maner & forme and vpon conditiō hereafter in these present Indentures mentioned. And that likewise the said manors of H. & M. and other the lands & tenements aboue mentioned in H. in the countie of M. (except hereafter [Page] excepted) shalbe assured and conuaied to the said sir E. and M. in maner and forme, & vpon condition hereafter in these Indentures expressed. (a) And therfore now in the accōplishmēt of the said agreement, & in consideration of the sum of &c. to the said sir E. by the said I. N. paid, the said sir E. A. & M. haue giuē, grāted, bargained & sold, & by these present Indētures doth giue, grant, bargaine, & sell to the said I. N & W. & to the heires of the said I. al those two closes lying neere to G. in the said county of W. aforesaid, now or late in the tenure & occupation of E. S. gent̄, & all those closes or grounds parcell of the demeanes of the said late dissolued Monastery, knowen by the name or names of &c. being part of the demeans belōging to the said late dissolued Monasterie of E. with thappurtenances, To haue and to hold the said closes, mesuages, lands, tenements, & hereditaments and other the premisses in the said countie of W. last before mentioned to the said I. N. & W. & to the heires & assignes of the said I. for euer, to the vse of the said I. N. & W. and to the heires & assignes of the said I. N. for euer. (b) And also the said sir E. A. and M. for the consideratiō aforesaid, haue giuen & granted, bargained and sold, and by these presents do giue, graunt, bargaine & sell to the said I. N. all that the manor of M. with thappurtenances in the said coūtie of W. and the said capital mesuage called E. & the said demeanes of the said late dissolued Monasterie of E. in the said county of W. and all & singuler their & either of their mesuages, lāds, farmes, tenemēts, rents, reuersions, seruices, and hereditaments with thappurtenances in E. in the said countie of W. now or late in the tenure and occupation of R. G. and of I. B. or of either of them: And all those closes, lands, woods, & grounds, meadowes, & pastures whatsoeuer, late of I. G. and F. or either of them aforesaid, called or knowen by the name or names of &c. and also all other their and either of their mesuages, cottages, mills, douehouses, lands, tenements, meadowes, pastures, fe [...] dings, woods, vnderwoods, commons, wast grounds, moores, he at [...], sheepe walkes, waters, pooles, fishings, rents, reuersions, & all their courts, leets, profits, & perquisites of courts & leetes, waiues, estraies, liberties, priuiledges, iurisdictiōs, prerogatiues, profits, cōmodities, emoluments, & hereditaments whatsoeuer, with all & singuler their app [...]tenances in the parish of E. &c. & all their estate, right, title, interest, claime, propertie, & demand whatsoeuer, of, in, to, or out of the said manors & premisses with &c. in the said county of W. or of, in, to, or out of any part or parcell thereof. And all the deedes, euidences, charters, & writings, touching or concerning onely the said manor of [Page] M. & other the foresaid premisses before in these presents mentioned in the said countie of W. or only any part or parcel thereof. To haue and to hold the said manor, scite, lands, tenements, hereditaments, & all other the premisses in the said countie of W. before, in, or by these presents giuen, granted, bargained & sold, or mentioned to be giuen, granted, bargained & sold to the said I. N. with all and singuler their appurtenances to the said I. N. his heirs & assignes to the vse of the said I. N. for euer. And the said I. N. in consideration hereof, & for the sum of &c. vt supra (a. b.) ex parte I. N. Mut at is mutandis. And also his Swan mark, & al his swans, being or vsing in & vpon the riuer of T. & C. or in any other place within the counties of M. H. & B. or any of them, & al his estate, right, title, interest, claim, property, & demand whatsoeuer, of, in, to, or out of the said manors & premisses in the said countie of M. or of, in, or to any part or parcel therof, together with al & singuler the deedes, euidences, charters, writings, escripts, & muniments, touching & cōcerning only the premisses in the said county of M. or any part or parcell therof, (except & alwaies reserued vnto the said I. N. his heirs &c. al that capital mesuage called B. situate, lying & being in &c. together with al & singuler the barns, stables, douehouses, yards, curtilages, motes, waters, ponds, fishings, or chardes, gardens, & all other easements, commons, & commodities thereuntobelonging. And also except & reserued to the said I. N. his heires & assignes one great field called the B. field two closes, the one called &c.

To haue and to hold the said manors &c. and all and singuler other the premisses with &c. (except before excepted) vnto the said sir E. A. & M. and to the heirs & assignes of the said sir E. A. for euer. (c) Prouided alwaies, & it is &c. betweene y^• said parties, & ech of them for thē & their heires do couenant & grant, to & with thothers & their heires by these presents, that if any the said manors &c. by these present mē tioned to be giuen &c. to the said sir E. A. & M. or either of them, shalbe at any time or times hereafter euicted, recouered, detained, or taken away from the said sir E. & M. or either of them, or the heires &c. by reasō of any former title, cause, or right whatsoeuer, hauing being or beginning before the date of &c. other then by reason or vertue of such rights, titles, causes & matters as be hereafter excepted, that then & from thenceforth, & so oftē it shal & may be lawful, to & for the said sir E. A. & M. & their &c. into so much & so many acres of &c. pa [...]cel of the &c. mētioned to be granted, bargained, & sold to the said I. N. as ther shalbe acres &c. so eui [...]ted, recouered &c. into so much & so many acres of &c. being parcel of y^• lands &c, of y^• said I. N. euicted, recouered &c. [Page] to reenter and to haue, take, & retaine the same, & the issues & profites therof to haue & receiue to their own proper vse, for, & vntil such time as euery of them may lawfully enter into the mesuage, lands, woods, meadows, pastures, & hereditaments so euicted & taken away, & occupie, vse, and inioy the same, according to the true intent & meaning in these present Indentures contained. (d) And that then & from thēceforth all and euery person & persons which shal stand seised of the said lands, tenements, meadows, pastures, woodes, and hereditaments so to be reentred into, shal stand & be seised therof, and of euery part and parcell therof, to the vse of the said sir E. A. and M. and of the heires & assignes of the said sir E. to, for, & according to the purposes & intents last aboue mentioned. Neuerthelesse, it is couenanted &c. for them and euery of them, their heires and assignes, that neither the saide sir E. A. nor M. nor the heires or assignes of any of them, shal enter into the said capital mesuage called E. nor into any y^• gardēs nor orchards belonging to the same, nor into any the meadowes or pastures lying within the eddering wherin the said capital mesuage standeth & compassed about with the Lanes, vnlesse all the residue of the landes &c. before mentioned to be bargained & sold to the said I. N. be not sufficient in value for such lāds &c. as be granted, bargained or sold by the said I. N. as aforesaid, & shalbe euicted or taken away, as aforesaid.

Prouided also, and is is further couenanted, granted, condiscended and agreed, by and betweene the said parties to these presents, & eche of them for them & their heires do couenant and graunt, to and with the others & their heires by these presents, that if any the said lands, tenements &c. vt supra (c. d.) exparte E. A. And the said sir E. A. for him and his heires doth couenant and grant, to & with the said I. N. his heires & assignes by these presents, that he the said sir E. A. & his heires, shal & will from time to time, & at al times hereafter acquite, exonerate & discharge, or sufficiently saue or keepe harmelesse aswell the said I. N. his heires & assignes, and euery of them, as also the said manor of M. and the lands, tenements, & hereditaments aboue mentioned to be bargained and sold to the said I. N. of, and from all, & all maner of former bargaines &c. vt supra whatsoeuer, had, made, or done, the rents and seruices from thenceforth to be due to the chiefe Lord or Lords of the fee or fees thereof, And one bargaine and sale of diuers woodes, vnderwoodes, and standerds, growing and being in one parke or parcell of ground called the new P. and in and vpon one groue called &c. being parcell of &c. excepted and foreprised. And further the said E. A. for him and his heires doth couenant &c. [Page] to & with the said I. N. his heirs & assigns by these presents that they the said E. & M. the heires & assignes of the said E. & al & euery other person & persons and their heires now hauing or claiming or which at any time hereafter shal or may haue or lawfully claim to haue any maner of estate or interest of freehold or inheritance of, in, & to y^• said manor, scite, demesne land, tenements & hereditaments aboue mentioned to be bargained and solde to the said I. N. shall and will from time to time, and at alaud euery time and times hereafter during the space of fiue yeres now next insuing, vpō reasonable request therfore to be made, and at the costs and charges in the Law of the said I. N. his heires and assignes do, make, knowledge, execute, and suffer, or cause to be done, knowledged and executed all and euery such reasonable act and acts, thing & things, deuise and deuises whatsoeuer, for the further, better, more perfect and absolute assurance, suertie, sure making and conueying of the said manor, scite, demesne lands, tenements and hereditaments, and all and singuler other the premisses aboue mentioned to be bargained and sold to the said I. N. to be had and made sure to the said I. N. his heires and assignes according to the true intent and meaning of these presents, be it by deed or deeds inrolled or not inrolled, the Inrolment of these presents, fine, feoffement, recouery with voucher or vouchers ouer, release, confirmation, or otherwise as by the saide I. N. his heires or assignes or by his, or their Councell learned in the law, shall be reasonably deuised or aduised, so that the said E. A. and M. or the heires of the said E. bee not compelled to trauel forth of the citie of L. or county of M. in or about the doing or knowledging of any the act or actes, thing or things aforesaid. And further that the said E. A. his &c. shall and wil before the feast of &c. vpon reasonable request therfore to be made, deliuer or cause to be deliuered whole and vncancelled vnto the saide I. N. his heires or assignes al such deedes, euidences, charters, writings, & muniments which the said E. or any other to his vse, or by his deliuerie hath or haue touching or cōcerning the said Manor of M. scite, lands tenements & hereditaments aboue mentioned to be batgained & sold to the said I. N. or any part or parcell thereof. And the saide I. N. for him & his heires doth couenant & graunt to and with the saide E. A. his heires and assignes by these presents, that he the said I. N. and his heires shall and will from time to time, and at all and euery time and times hereafter acquite, eronerate and discharge or sufficiently saue and keepe harmelesse aswel the said E. A. and M. and the heires and assignes of the said E. and euery of them, as also the said Manor, [Page] mesuages, lands, tenements and hereditaments, and all & singuler other the premisses aboue mentioned to be bargained & sold to the said E. and M. & euery part & parcel thereof, of & from al and all maner of former bargaines, as in couenants to saue harmlesse, the rents & seruices from henceforth to be due to y^• chiefe Lord or Lords of the fee or fees thereof, & all copiholdes, customarie estates, rights and titles by copie iustly claimed by any person or persons by Copie, according to the customes of the said manors of H. and M. or either of them, excepted and foreprised, and except also one lease made to A. B. of &c. for the rents of 50. l. whereof there is not aboue xix. yeres to come, & also except one lease made to T. B. of S. for the rent of xiii. l. being not aboue xix. yeres to come. And also &c. And moreouer the said I. N. for him and his heires doth couenant & grant to and with the said E. A. his heires and assignes by these presents in maner & forme following, that is to say, that he the said I. N. and W. now his wife & their heires, and all & euery other person and persons and their heires now hauing, vt supra for further assurance. In witnesse &c.

¶ An Exchange of lands for yeares.

THis Indenture of exchange made &c. between H. B. of C. &c. & R Sect. 515. M. of &c. on the other party, Witnesseth, that the said H. B. hath demised, granted, and to farme letten, and by these presents doth &c. vnto the said R. M. all these parcels of land heereafter recited, lying in O. aforesaid, that is to say, &c. To haue & to holde the said one acre and three roodes of land &c. with thappurtenāces vnto the said R. M. &c. in exchange for certaine other lands hereafter in these presentes mentioned from the feast of &c. vnto the ende and terme of xx. yeares from thence next following and fully &c. without impeachment of any maner of wast or destruction to be committed or done by the saide R. M. his heires &c. without any thing yeelding or paying vnto the said H. B. &c. during the said terme of &c. In consideration whereof the said R. M. hath demised, granted, &c. and by these presents &c. vnto the said H. B. all those parcels of ground hereafter recited lying in C. aforesaid, viz. (naming the lands certainly) &c. To haue & to holde &c. with thappurtenances vnto the said H. B. &c. in exchange for the said land first aboue expressed from the said feast of &c. vnto the end of the said terme of xx. yeares from thence &c. without impeachment of any maner of wast or destruction to be committed or done by the said H. B. &c. without any thing yeelding and paying therefore vnto the [Page] said R. M. &c. during &c. And the said H. B. doth couenant & grant &c. that the same R. M. &c. shal haue, occupie, & enioy all the said lāds, and premisses aboue letten by the said H. B. vnto the said R. by this Indenture of exchange by, and during all the said terme of &c. in maner and forme aboue recited, without let or interruption of the said H. B. his heires, executors &c. And the said R. M. couenanteth &c. that the same H. B. &c. shall haue, hold, occupie, and enioy all the said lands and premisses aboue letten by the said R. M. vnto the said H. by this Indenture of exchange, by, and during all the &c. in maner & forme aboue recited, without any let or interruption of the said R. M. &c. And for the performance of all couenants, graunts, promises, and agreements on the part of the said H. B. &c. aboue rehearsed in this Indenture, wel and truly to be obserued, performed, fulfilled, and kept, according to the purport and effect of these Indentures the same H. B. bindeth himselfe &c. vnto the said R. W. his heires &c. in the summe of x. l. of lawfull &c. And for the performance of all couenants vt supra on the part of the said R. M. &c. aboue rehearsed in this Indenture well and truely &c. vt supra, according to the purport &c. of this Indenture the said &c. bindeth himselfe &c. vnto the said H. B. and in the summe of &c. of good &c. In witnesse &c.

Note that in exchange, it is cōuenient that the states of both parties be equal. And that for the perfecting thereof either partie actually reenter into the lands to him thereby granted.

Letters of Atturney.

¶ What and how necessarie Atturneis be.

HItherto haue we, in some sort, intreated of such acts & instruments Sect. 516. as are made and done by the parties themselues, being personally present: now we intend to set downe such Instruments, as giue aucthority to other as their Factours or Atturneys, to do the like for them. And that the rather, for that mention is made before, that Liuerie of feisin may be made by Proctors or Atturneis, aucthorized thereunto by written Warrants. And euen as Liuerie of seisin, so may many other actes and Instrumentes in ciuill causes be performed by Atturneis which seemeth very reasonable, for that that many times the parties thēselues, are so hindered either [Page] by infirmitie, or by such multiplicitie of busines & affaires in sundry places at one time, that they cānot possibly be presēt at al: wherfore Atturneis be very necessary & profitable for humane society: which be defined such persons as by the cōsent, cōmandement or requests of the parties do take heed, see too, & take vpon them the charge to do other mens busines & affaires in their absence, according to the aucthoritie and trust to thē committed by the owners thereof. In Instruments making & ordeining of Atturneis, which be somtimes called letters of Atturney, somtimes Warrāts of Atturney, somtimes Proxies or Procuratiōs, seem necessarily to be cōsidered six things, viz. First the name of the partie which is to make the Instrument, & of him which is to be made Atturney. 2. The Atturneis cōsent to the same. 3. Against whom. 4. In what matter or cause. 5. Before what Iudge or other person. 6. For what act or end, All which things wil plainely appeare in the ensamples following:

¶ A letter of atturney to receiue money.

THis bil made &c. Witnesseth, that I I. H. of Lincolnes Inne &c. Sect. 517. haue constituted & made I. H. my seruant, my lawfull Atturney to receiue for me and to my vse, all such summes of money as shalbe due vnto me by one L. R. of H. in the &c. be it by matter of Record or otherwise, and also giuing him further aucthoritie in my name after the paiments of the said summes, to make a good & perfect acquitāce or acquitances. And I the said I. H. do grant by these presents, to allow, stand to, & to iustifie all such act & acts, thing & things, touching and concerning the receipt and making acquitances aforesaid, as my lawfull Atturney shall do, as is aforesaid. In witnesse whereof I haue hereunto put my hand and Seale.

¶ A letter of atturney by a Maior and Comminaltie, for the gathering of their rent and debts.

NOuerint vniuersi per praesentes nos Maiorem & Cōmunitatem Sect. 518. Burgi de D. in comitatu Eborū, pro nobis et successoribus nr̄is fecisse, ordinasse, constituisse, & in loco nr̄o posuisse dilectos nobis in Christo W. S. & F. M. de eadem in eodē Com̄ nostros veros & legitimos Atturnatos coniunctim & diuisim, ad petend' et exigend', leuand', recuperand', & recipiend' vicibus & nominibus nostris, & pro nobis & ad vsum nostrū de tempore in tempꝰ, omnes & singulas pecuniarum [Page] summas, debit̄, arrerag' & redd' quoscunque nobis debit̄ quacunque de causa per aliquam siue aliquas personas infia Regnū Angliae, tam modo nobis debit̄ & are [...]o existent̄ quam imposter̄ fuer̄ debit̄. Et insuper concedimus pro nobis & [...] nostr̄ coniunct' & diuisim, plen̄ & integram potestat̄ & authoritat̄ ad arrestandum, ꝓsequend', implacitand', & condemnari faciend', ac executionē debit̄ obtinend' pro nobis & successoribus nostris. Ac districtionem & districtiones pro redditibus & arreragijs reddend' nobis debitis de tē pore in tempus, capiend', imparcand', ac recuperand', ac omnia praed debit̄ & arrerag' t [...]cipiend, ad vsum nostrum & successorū nostror̄. Et debit̄ acquietanc' pro summis sic recuperat̄ & recept̄ faciend', & nominibus nostris deliberand', ac ea oia & singula agere, facere & perimplere quae circa praemif. necessar̄ fuerint & oport̄, adeo plenar̄ & integre prout nosmetipsi possimus siue deberemꝰ in praemissis facere. Ratum & gratum hobens & habitur̄ totum & quicquid dicti Atturnati nr̄i fecerint, seu eor̄ alt̄ fecerit in p̄missis virtu [...]e p̄sentium. In cuius rei testimon̄ huic p̄senti scripto nostro sigillum nostrum cō mune apposuimus Dat̄ die &c. anno &c.

¶ A Letter of Atturney to ouersee landes, receiue rents, and enter for nonpayment thereof.

BE it knowen to all men by these presents, That I. G. of B. in the Sect. 519. County of S. yeoman, haue made, constituted, ordained, and put in my place, my right welbeloued in God R. M. gentleman, my true and lawfull Atturney in this behalfe, to ouersee, rule and gouerne for me and in my name, all my lands and tenements, aswell freeholde as copyhold, set and lying in the towne and parish of C. in the County of [...]. And also to receiue for me and in my name all the rents, issues, cō modities and profits comming and growing of the same lands and euery parcell thereof. And the farmors of the same landes, for nonpayment to expell, put out and amoue, and them to let to farme to other at his owne pleasure and discretion, giuing and graunting vnto my said Atturney my full power and authoritie by the tenor of these presents, to doe and execute all and singuler the premisses, as fully, wholly and surely, as I. the said I. S. might or should doe if this my present writing had not beene made &c. In witnes &c.

[Page]

¶ A Letter of atturney for speciall debt.

VNto al Christiā people to whom this present writing shal come Sect. 520. R. S. of &c. sendeth greeting, Know you mee the saide R. S. to haue constituted, & in my place set my welbeloued in Christ A. D. my true and lawful deputie & Atturney to as [...]e, demaund, leuie, recouer, & receiue for me & in my name, and to my vse of C. W. of &c. the summe of &c. of lawful English money which the said C. W. oweth vnto me, & wherein he standeth bound vnto me by his bill obligatory, Giuing, & by these presents granting to my said. Atturney my whole power & authority in the premisses if need shall require to sue & pursue the said C. W. his executors &c. for me and in my name in any Court spiritual or temporal, before any Iudge or Iustices, or to vse any other lawful waies or meanes for the recouery of the said &c. And also to cōpound, seale & deliuer Letters of acqui [...]ance or any other lawfull discharge for me & in my name. And moreouer to ordaine & set Atturney or Atturne [...]es, one or more vnder him, & at his pleasure againe to reuoke & countermand the same, And to do, execute, performe & finish for me & in my name all & singuler things which shal be expedient & necessary cōcerning the premisses as throughly and wholy as I the said R. S. might or could do in or about the same. And whatsoeuer my saide Atturney shal do or cause to be done in the premisses, I promise to alow, confirme, performe & establish, & thereto I bind me my heires & executors by these presents. In witnes &c.

¶ A Letter of atturney to recouer and retaine a debt.

BE it knowen &c. That wheras W. P. &c. is bounden vnto I. R. Sect. 521. by one Obligation or writing obligatorie bearing date the &c. in the summe of 300. pounds, to be paid to the said I. R. his executors or administrators or some of them, with condition thereupon indorsed, as thereby appeareth, That now the said I. R. for and in consideration of a certaine summe of money to him the saide I. R. by R. S. before hand paid, hath bargained and saide, and by these presentes doth bargaine and fell vnto the saide R. S. his executors, administrators & assignes, the said obligation or writing obligatorie of 300. pounds aforesaide. And also doth by these presentes make, constitute, and in his place put the saide R. S. his true and lawfull Atturney in his name and place, to aske, demand, leuie, recouer and receiue of the said W. P. his heires, executors, and administrators, and euery of them the said 300. pounds, in the saide writing obligatorie mentioned and [Page] expressed. And also doth by these presents giue and grant vnto the said R. S. his executors, and administrators, and euory of them, full and whole power and authoritie in the name of him the said I. R. to sue, arrest, imprison, & condempne, and cause to be sued, arrested, imprisoned, and condemp [...]ed the said W. P. his heires, executors, & administrators vpon the same writing obligatorie of 300. li. And also to procure iudgement and execution to be had and made against the said W. P. his heires, executors, and administrators for the same 300. li. And also for, and in the name of him the said I. R. to release and acquite the said W. P. his heires, executors, and administrators, and euery or any of them for the same 300. pounds. And release or releases, acquitance or acquitances to make, seale, and deliuer vnto them, & euery or any of them of the same summe of 300. li. and of euery or any part thereof. And one At [...]urney or me for the doing of the premisses to make, & the same at his pleasure to [...]u [...]ke, and new in their place to substitute, and to do, performe, execute all and singuler thinges which shall be expodient or necessarie [...]e [...] ning the premisses so fully, as he the said I. R. might or could do the same being personally present at the doing thereof. And further the said I. R. doth by these presents giue & graunt vnto the said R. S. his executors and administrators, good & lawfull au [...]thoritie to receiue, retaine, and keepe to his and their owne proper vse and behoo [...]e the said summe of 300. pounds in the said Obligation mention [...], without any accompt to be rendered to him the said I. his executors, or administrators for the same, or any part thereof. And the said I. R. for himselfe, his executors and administrators, and euery of them doth by these presents couenant, graunt, promise, and agree, to, and with the said R. S. his executors and administrators, and euery of them, that he the said I. R. his executors and administrators, & euery of them, shall and will iustiūe, allow, ratifie, and performe all and whatsoeuer he the said R. S. his heires, executors, and administrators, shall lawfully do, or cause to be done, in, or about the premisses. And that neyther he the said I. R. his heires, executors, nor administrators, nor any of them will reuoke nor make void this letter or atturney, nor any auothoritie thereby giuen to him the said R. and that he the said I. R. hath not heretofore releas [...], nor made void the said Obligation, nor the said summe of iii. hundred poundes therein contained, nor any part thereof: nor hath done, nor suffered to be done, nor hereafter will do, nor suffer, or affent to be done, any act or acts, thing or things, whereby the said summe of iii. hundred pounds, [Page] in the said Obligation mentioned, may not be recouered, ob [...]ay [...]d, and had by the said R. S. his executors, administrators, or assignes, or some of them, according vnto the true meaning hereof. And for the performance of all articles, couenants, grants, and agreements herein contained, be the said I. [...]. doth by these presents bind himselfe, his heires, executors, and administrators, and euery of them to the said R. S. his executors, and administrators, in fower hundred poundes of lawfull money &c. to be paied to the said R. S. his executors and administrators. In witnesse &c.

¶ A letter of atturney made by Executors.

NOuerint vniuersi per presētes nos R. I. & M. vxor̄ meam nuper Sect. 522. vxor̄ T. S. (dum [...]jxit) ac executricem Testamenti eiusdem T. assignasse, fecisse, & loconostro constituisse dilectos, nobis in Christo Iohēm C. & M. vx. eius▪ nostr̄ fideles & legitim̄ attornat̄, coniūctim & diuisim, ad petend', leuand', & recipiendum vice & nomine nostro, ad eorum propriū vsum, omnia & singula bona mobilia, & immobilia, hustilimēta & necessaria quae praefatus T. die obitus sui habuit, & sibi pertinebant infra mesuagiū fiue tenementum suum in H. in comitatu E. quod idem T. per testamētum suum dedit & legauit praefat̄ I. C. & M. vx' suae sorori eiusdē T. cum omnibus & omnimodis hm̄odi hustilimentis & bon̄ eidem mesuag' siue tenemento, lignifir̄ omnino except̄, & eidē mesuag' siue ten̄t̄ vt appropriat̄ reseruatis, quae oīa & singula debita quae dicto T. die eius obitꝰ debebātur, infra comitatū E. predict', praedictus T. in dicto suo testamēto voluit & legauit p̄f. I. C. & M. vxori eius, dantes & concedantes p̄fat̄ I. & M, attornat̄ nostris, ac vtrique eorum, plenam & liberam tenore praesentium potestatem nostram, ob defect' deliberationis & solutionis in hac parte si necesse fuerit, tam omnes & fingulos debitores, detentores, & eorū quemlibet omnium bonorū hustilimentor̄ & necessarior̄ praedict', ac cujuslibet eorum parcell' (except̄ & reseruat̄ preexceptis & reseruat̄) quam omnes & singul' debitor̄ & detentores debitor̄ praedict', ac quemlibet eorū arrestari faciend', imprisonandi, & extra prisonam liberand', necnon implacitand' & prosequend' in quibuscun (que) curijs, & coram quibuscunque iudicibus & iustic' quorū interest, adeo precise & integre, sicut lex exigit & permittit, & de receptis in hac parte, acquitanc' nomine nostro faciēdi, sigillādi, & deliberandi, attorn̄ quoque vnū vel plures sub se constituendi, & pro suo libito reuocandi, ceteraque omnia & singula quae [Page] in praemissis, & circa praemissa necessaria fuerin [...], seu quomodolibet opportuna faciend', exercend', & exequend', adeo integre, prout nosmetipsi facere possumus, si praesentes ibidem personaliter interessemus. Ratum & gratum &c. In cuius rei &c.

¶ A letter of Atturney vpon the Kinges licence.

VNiuersis &c. I. P. vnus Armig' pro corpore illustriss' domini nostri Sect. 523. Regis &c. salutem in domino sempiternam. Cum idem dominus noster Rex, per suas gratiosas l [...]teras patentes, quarū datum est apud Westm̄ x. die Feb. anno regni sui xxxj. in consideratione veri & sidelis seruitij, qd' ego dict' I. P. eidē illustrissimo dn̄o nostro ante haectēpora impendi, & durante vita mea impendere intendo, concessit, et licentiam dederit mihi p̄fat̄ I. P. quod ego per me, aut deputat̄ siue deputat̄ meos, indigenas siue alienigenas, numerū & quantitatē ducentorū doleorum satis Anglicé vocat̄ Woad de Tholosa in partibꝰ vltramarin semere & prouidere, ac eadē ducēta dolea de Woad, in vna naui, siue diuersis nauibus, de obedientia dict' dn̄i Regis, aut obediētia aliquorū amicorum & confederatorū suorum car care & imponere, ac in quemcun (que) locum, seu quaecun (que) loca huius regni sui Angliae, vna vice vel diuersis vicibus ibidem ad meum maximū ꝓficuum & aduantagiū importand', conducend', et inducend', vendend', & distribuend' conduci & discariari facere possem & valeam licite & impune: aliquo actu, statut̄, restrictione, prohibitione, aut ꝓclamatione in contrat̄ facta non obstante, prout in p̄dict̄ literis patentibus inde confectis plenius continetur. Noueritis me p̄fat̄ I. P. virtute & aucthoritate dictarū literarum patentiū, fecisse, ordinasse, constituisse, et in loco meo posuisse dilectos mihi in christo A. B. & C. D. Mercatores de H. meos veros & legitimo deputatos, factores irreuocabiles coniunctim vice & nomine meo, ad faciendū, exequendum, et administrandū, ad vsus, commoda, & proficua propria eorundē A. B. & C. D. omnia & singula in dictis literis patentibus contenta & specificata, viz. in tam amplis modo & forma, prout ego dictus I. P. facere potuissem seu deberem, vigore p̄dict' literarū patentium, si ibidem praesens personaliter interessem. Et deputat̄ siue factorem vnum, siue plures sub se constituend', & ad libita sua reuocand': Quibus quidē A. B. & C. D. & eorū vtrique coniunctim, ego dictus I. P. do, concedo, & transporto per praesentes, omnimodam potestatem meam & aucthoritatē in premissis. Ratum & gratum habens & habiturus, totam & quicquid dicti deputat̄ & factores [Page] in the said Obligation mentioned, may not be recouered, obtayned, and had by the said R. S. his executors, administrators, or assignes, or some of them, according vnto the true meaning hereof. And for the performance of all articles, couenants, grants, and agreements herein contained, be the said I. B. doth by these presents bind himselfe, his heires, executors, and administrators, and euery of them to the said R. S. his executors, and administrators, in fower hundred poundes of lawfull money &c. to be paied to the said R. S. his executors and administrators. In witnesse &c.

¶ A letter of atturney made by Executors.

NOuerint vniuersi per praesētes nos R. I. & M. vxor̄ meam nuper Sect. 522. vxor̄ T. S. (dum [...]ixit) ac executricem Testamenti eiusdem T. assignasse, fecis [...]e, & loconostro constituisse dilectos, nobis in Christo Iohēm C. & M. vx. eius▪ nostr̄ fideles & legitim̄ attornat̄, coniūctim & diuisim, ad petend', leuand', & recipiendum vice & nomine nostro, ad eorum propriū vsum, omnia & singula bona mobilia, & immobilia, hustilim [...]ta & necessaria quae praefatus T. die obitus sui habuit, & sibi pertinebant infra mesuagiū fiue tenementum suum in H. in comitatu E. quod idem T. per testamētum suum dedit & legauit praefat̄ I. C. & M. vx' suae sorori eiusdē T. cum omnibus & omnimodis hm̄odi hustilimentis & bon̄ eidem mesuag' siue tenemento, lignifir̄ omnino except̄, & eidē mesuag' siue ten̄t̄ vt appropriat̄ reseruatis, quae oīa & singula debita quae dicto T. die eius obitꝰ debebātur, infra comitatū E. predict', praedictus T. in dicto suo testamēto voluit & legauit p̄f. I. C. & M. vxori eius, dantes & concedantes p̄fat̄ I. & M, attornat̄ nostris, ac vtrique eorum, plenam & liberam tenore praesentium potestatem nostram, ob defect' deliberationis & solutionis in hac parte si necesse fuerit, tam omnes & singulos debitores, detentores, & eorū quemlibet omnium bonorū hustilimentor̄ & necessarior̄ predict', ac cuiuslibet eorum parcell' (except̄ & reseruat̄ praeexceptis & reseruat̄) quam omnes & singul' debitor̄ & detentores debitor̄ praedict', ac quemlibet eorū arrestari faciend', imprisonandi, & extra prisonam liberand', necnon implacitand' & prosequend' in quibuscun (que) curijs, & coram quibuscunque iudicibus & iustic' quorū interest, adeo precise & integre, sicut lex exigit & permittit, & de receptis in hac parte, acquitanc' nomine nostro faciēdi, sigillādi, & deliberandi, attorn̄ quoque vnū vel plures sub se constituendi, & pro suo libito reuocandi, ceteraque omnia & singula quae [Page] in praemissis, & circa praemissa necessaria suerint, seu quomodolibet opportuna faciend', exercend', & exequend', adeo integre, prout nosmetipsi facete possumus, si praesentes ibidem personaliter interessemus. Ratum & gratum &c. In cuius rei &c.

¶ A letter of Atturney vpon the Kinges licence.

VNiuersis &c. I. P. vnus Armig' pro corpore illustr [...]ss' domini nostri Sect. 523. Regis &c. salutem in domino sempiternam. Cum idem dominus noster Rex, per suas gratiosas l [...]teras patentes, quarū datum est apud Westm̄ x. die Feb. anno regni sui xxxj. in consideratione veri & fidelis seruitij, qd' ego dict' I. P. eidē illustrissimo dn̄o nostro ante haectēpora impendi, & durante vita mea impendere intendo, concessit, et licentiam dederit mihi p̄fat̄ I. P. quod ego per me, aut deputat̄ siue deputat̄ meos, indigenas siue alienigenas, numerū & quantitatē ducentorū doleorum satis Anglicé vocat̄ Woad de Tholosa in partibꝰ vltramarin semere & prouidere, ac eadē ducēta dolea de Woad, in vna naui, siue diuersis nauibus, de obedientia dict' dn̄i Regis, aut obediētia aliquorū amicorum & confederatorū suorum carcare & imponere, ac in quemcun (que) locum, seu quaecun (que) loca buius regni sui Angliae, vna vice vel diuersis vicibus ibidem ad meum maximū ꝓficuum & aduantagiū importand', conducend', et inducend', vendend', & distribuend' conduci & discariari facere possem & valeam licite & impune: aliquo actu, statut̄, restrictione, prohibitione, aut ꝓclamatione in contrat̄ facta non obstante, prout in p̄dict̄ literis patentibus inde confectis plenius continetur. Noueritis me p̄fat̄ I. P. virtute & aucthoritate dictarū literarum patentiū, fecisse, ordinasse, constituisse, et in loco meo posuisse dilectos mihi in christo A. B. & C. D. Mercatores de H. meos veros & legitimo deputatos, factores irreuocabiles coniunctim vice & nomine meo, ad faciendū, exequendum, et administrandū, ad vsus, commoda, & proficua propria eorundē A. B. & C. D. omnia & singula in dictis literis patentibus contenta & specificata, viz. in tam amplis modo & forma, prout ego dictus I. P. facere potuissem seu deberem, vigore p̄dict' literarū patentium, si ibidem praesens personaliter interessem. Et deputat̄ siue factorem vnum, siue plures sub se constituend', & ad libita sua reuocand': Quibus quidē A. B. & C. D. & eorū vtrique coniunctim, ego dictus I. P. do, concedo, & transporto per praesentes, omnimodam potestatem meam & aucthoritatē in premissis. Ratum & gratum habens & habiturus, totum & quicquid dicti deputat̄ & factores [Page] mei nomine meo fecerint, seu fieri procurauerint, aut eorum aliquis fecerit, seu fieri procurauerit in praemissis, & in quolibet praemissorum per praesentes. In cuius rei &c.

¶ A letter of Atturney to deliuer possession of lands.

NOuerint vniuersi per praesentes me W. B. &c. assign̄, fecisse, & Sect. 524. loco meo posuisse ac constituisse per praesētes, dilectum mihi in Christo A. R. meum verum & legitimū Atturnatum, ad intrādum pro me, vice & nomine meo, in omnia illa mesuag', terr' &. Et post talem introitum, ad deliberand' ꝓ me, vice & nomine meo, plenam & pacificam possessionem & seisinā de, & in praedict̄ mesuag', terr̄ &c. cum oībus suis pertinen̄ I. B. aut suo certo Attu [...] nato, haered', & executoribus suis, secundum vim, formam, tenorem, & effectū cuiusdam chartae meae per praefat̄ W. antedict' I. B. & alijs factae, cuius dat̄ est &c. ꝓut per inspectionem eiusdē plenius appareb. t. Cetera (que) omnia & singula &c. Dat̄ &c.

¶ A letter of atturney to receiue possession of lands.

NOuerint &c. dilectum mihi in Christo C. D. meum verum & legitimum Sect. 525. Atturnat̄ ad intrand' pro me, vice & nomine meo, in vnum mesuag' cum gardino & suis &c. ac plenam & pacificam possessionem & seīam inde capiendam. Et post hm̄di seisinam & possessionē sic inde recept̄ & habit̄, eandem ad meum ꝓprium vsum retinend' & custodiend', secundum vim, formam, & effectum cuiusdam chartae mihi & alijs factae per E. F. generosum, vt per eandem chartam inde confectam, cuius datum est &c. manifesté liquet & apparet: Cetera (que) omnia &c.

¶ A letter of Atturney to receiue possession and costes of the Shirife.

BE it knowen &c. That I P. T. &c. haue constituted, ordayned, Sect. 526. and made I. F. my lawfull Atturney, for me, and in my name, to receiue of the Shirife of the County of Y. or his deputie, full and [...]eaceable possession, of one mesuage or tenement with the appurtenances in G. and such money as I haue recouered for my damages and [...]stes against A. [...]. widdow, in an Electione firme, according to the tenor, effect, and meaning of the writ of our Soueraigne Lady the [...]eene of Habere facias possessionem, and Fieri facias, to the said Shirife directed. In witnesse &c. Dated &c.

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¶ A Letter of atturney to take possession of lands recouered.

NOuerint &c. nos H. G. & H. W. fecisse, ordinasse, & loco nostro Sect. 527. posuisse dilect' nobis in Chr̄o W. P. & J. H. nostros veros & legitimos Atturnat coniunct' & diuisim, ad intrand' vice & nominibus nr̄ [...]s in maner̄ de B. cum pertin̄, ac in quinquaginta acras terrae, vigintiacras prati, trecent̄ acr̄ pastur̄, quadraginta acras bosei, & quinque libratas reditus cum ꝑtin̄ in B. S. & R. in Comit̄ E. quae nos praed H. C. & H. W. per breue dn̄i regis de ingressu super disseisinam in le Post, versus I. C. armig', in cur̄ dicti dn̄i regis, cor\l=a'\ Iusticrar̄ suis apud Westm̄ term̄o S. Mich. antedict' &c. recuperauimus ad vsum I. S. Milit̄ & haered' suor̄, ac de, & super hm̄odi introitu sic fact', plenā & pacificā possession̄, de, & in maner̄, terr̄, & ten̄t̄ praed' cum ꝑtin̄ nominibus nr̄is capiend' & continuand' ad vsum praed' I. S. & haered' suor̄, donec aliter inde duxerimus disponend'. Ratum & gratū hēnt̄ & habitur̄ tot̄ & quicquid dicti Atturnat̄ nostri nominibus nostris fecer̄, seu eor̄ alter fecer̄ in praemissis, proutibid' presentes personalit̄ interessemus. In cuius rei &c.

¶ A Letter of atturney to receiue possession of lands extended by a Statute Marchant.

OMnibus Christi fidelibus &c. T. B. ciuis & Dra. L. salutem in domino. Sect. 528. Cum R. E. Miles, vic' Com̄ E. virtute breuis dn̄i Regis sibi inde direct' extendi fecisset vnum mes. & xx. acr̄ terr̄ cum ꝑtin̄ in D. in com̄ E. quae fuerunt I. K. ad valor̄ xl. s. per ann̄, qd' quidem mes. & xx. acras terr̄ cum pertin̄ dictus Vic', cum ea sic extendi fecisset, seisire fecit in manus domini Reg. Noueritis me praef. T. B. assignasse, fecisse, loco (que) meo posuisse & constituisse dilect' seruientem meū R. B. meum verum & legitimum in hac parte Atturnat̄, ad recipiend' ꝓ me, & in nomine meo de praef. R. M. Vicec' com̄ praed', plenā possessionem & seisinam, de, & in praed' mes. & xx. acris terr̄ cum ꝑtin̄ quae mihi de praef. T. B. per dict' Vic', virtute breuis dicti domin̄ Regis sibi inde direct' liberari debent & extend': Tenend' mihi & assignat̄ meis vt liberum tenement̄ meum, fecundum tenorem, vim, formam, & effectum eiusdem breuis domini Regis eidem Vicec' vt praefertur direct'. Dans & concedens praef. Atturnat̄ meo, plenam & sufficientem tenore praesent̄ potestatē meam, authoritatem & mand' speciale, ad faciend', exercend', & exequend' pro me, & in nomine meo, de, & in praemissis, & in quolibet praemissorum, omnia ea & singula quae ego praefatus T. B. facere possem, siue deberem, si prae sens ibidem personaliter interessem. Ratum & gratum habens & habiturus firmum & [Page] & stabile, totum & quicquid praedict' Atturnat̄ meus nomine meo fecerit in praemissis per praesentes. In cuius rei testimonium p̄sentibꝰ, sigillum meum apposui. Dat̄ &c.

¶ A Letter of atturney to enter for default of payment.

OMnibus Christi fidelibus, ad quos praesens scriptū ꝑuenerit, A. Sect. 529. P. salut̄ in dn̄o sempiternā. Cum ego praefat̄ A. nuꝑ dimiserim, feoffauerim, & per quandam chartam meam triper [...]t̄ confirmauer̄ W. C. vnum tenementum cum pertin̄, situat̄ in parochia S. Cedde Salop. viz. inter ten̄tum &c. Habend' & tenend' praedict' W. haered' & assign̄ suis im ꝑpet̄, sub forma & conditione sequen̄, viz. Quod praed W. haered' vel assign̄ sui soluerent, aut solui facerēt mihi praefat̄ A. aut execut̄ meis, in ecclesia S. Ceddae Salop. ad festum S. Mich archang' prox' futur̄ post datum chartae praed' x. li. sterling'. Et si praed' W. vel assign̄ sui defe [...]isset, vel defecissent in solutione summae praed', aut in aliqua inde parcell' ad festum solutionis superius limitat̄, extunc bene liceret mihi praef. A. in praed' tenementū cum pertin̄ reintrare, & illad in pristino statu meo rehabere, praed' charta feoffamēti & dimissionis non obstante, prout in eadem charta plenius liquet. Et quia praef. W. solutionem praedict' fregit: Noueritis me praef. A. occasione p̄mis. atturnasse, & plenam potestatem meam concessisse dilectis mihi in Christo T. M. & I. P. coniunct' & diuisim, ad reintrand', reclamand'. & possidend', pro me, & nomine meo, in praed' ten̄to cum ꝑtinen̄, vt in pristino statu meo, & praefat̄ W. inde expellendum & amouendū, dictum (que) ten̄tum in manibus ipsorum T. & I. ad opus meum tenend', donec aliter inde duxerint disponend'. Ratū & gratum habens & habiturus totum & quicquid praefat̄ Atturn̄ mei fecerint nomine meo, seu eorum alter fecerit in praemissis, prout egomet facere possem si ꝑsonaliter interessem. In cuius &c.

¶ A Letter of atturney to receiue debts, sue, and make Acquitances.

BE it knowen vnto all men by these presentes, that I. H. D. of &c. Sect. 530. haue made, assigned, and assured, ordained and deputed, and in my steede and place by these presents put and constitute my welbeloued friends and kinsmen R. W. and S. T. of &c. my true and lawfull atturneyes irreuokable, iointly, and either of them seuerally, for mee and in my name, and to my vse, to aske, leuie, recouer, and recoiue all [Page] and singuler such debts, duties, summe and summes of money as are or shalbe due or owing vnto me the said H. D. by A. B. C. D. &c. or by any other person or persons whatsoeuer, Giuing, and by these presents graunting vnto may said Atturneis, & to either of them iointly and seuerally, full power and aucthoritie for me and in mine name, & to my onely vse to sue, arrest, implead, condempne, & imprison euerie of my debtors aforesaid. And at their, and either of their liberties and pleasure, such person and persons out of prison to deliuer, or cause to be deliuered. And vpon the receipt of any summe or summes of money, to my vse to be receyued of anie of the persons aforesaid, acquitances or other lawfull discharges for the same, for me and in my steede and name to make, seale, & deliuer as my deed or deeds. And one Atturney or moe vnder them, or either of them to make or substitute, & at their, or either of their freewils againe to reuoke: And all and euery other thing and things, which shalbe needfull or necessarie to be done, in or about the premisses, the same to doe as fully and wholie, as I my selfe might doe, if I were there personally present, holding firme and stable all and whatsoeuer my said Atturneis or either of them shall do, or cause to be done, in, or about the premisses by these presents. Sealed with my seale. Giuen the viii. day of D. in the xxxvi. yeare of the Raigne &c. An. Do. 1594.

¶ A letter of Atturney to seale un Indenture and Obligation.

BE it knowen &c. That I. S. G. &c. haue made my true & lawful Sect. 531. Atturneis, iointly & seuerally, to seale and deliuer for me, and in my name, one Indenture made betweene &c. bearing date &c. And also to seale and deliuer for me &c. to the said Sir P. one Obligation, wherein I the said Sir G. shal stand bounden to the same Sir P. in the summe of &c. with condition thereupon indorced, for the performance of the couenants, graunts, and agreemen [...] comprised in the said Indenture: Which said Indenture and Obligation after the same shalbe so sealed and deliuered by my said Atturneis, or one of them, I the said Sir G. do promise by these presents, that the same Indenture and Obligation, and either of them, shalbe my effectuall deede and deedes in the law, and shalbe of as good strength, force, and effect in the law, to all intents, constructions, and purposes, to bind me, my heires and executors, against the said Sir P. his heires and executors, and against euery of thē, as though I the said Sir G. had sealed and deliuered the said Indenture and Obligation my selfe. In witnesse whereof &c.

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¶ A Letter of Atturney to alien landes.

BE it knowen vnto all men by these presents, that I. A. B. of D. Sect. 532. within the Countie &c. haue ordayned, constituted, made, and in my place put my welbeloued R. D. my true, full, and lawfull Atturney, and to the same R. haue giuen, and granted, full power and aucthoritie to giue, graunt, bargaine, and sell, or by any other lawfull way or meanes, to alien, conuey, and assure, at his will, pleasure, and discretion, for me, & in my name, all that my mesuage, toft, gardein, orchard, x. acres of wood, x. acres of heath, [...]urres, and x. shillings rent, with their appurtenances in G. in the Countie of Y. to any person or persons whatsoeuer, according vnto the lawes of this Realme. To haue and to hold to the said person or persons whatsoeuer, their heirs and assignes, or the heires or assignes of any one of them for euer, to the onely vse and behoofe of the said person or persons, to whom the premisses shalbe aliened, conueyed, and assured, as is aforesaid, to and for the summe of C. l. of lawfull English money, to be well and truely payed to the said Atturney, by the said person or persons to whom the said landes and tenements, and other the premisses shalbe aliened, conneyed, and assured, as is aforesaid, within one Moneth after the said alienation of the premisses made, as aforesaid, to the onely vse & behoofe of me the said A. B. my executors and assignes. And further, giuing and graunting to my said Atturney, my full power and aucthoritie in the premisses, to do, execute, performe, fulfill, conclude, and finish, for me, and in my name and place, as is mentioned, all and singuler thing and things whatsoeuer shalbe expedient and necessary cōcerning the premisses, as throughly, wholie, and surelie, as my selfe should do, if I my selfe were there in my owne person present, ratifiyng and confirming by these presents, whatsoeuer my said Atturney shall do, or suffer to be done, in, and about the premisses in my behalfe, for me, and in my name., In witnesse &c.

¶ A Letter of Atturney generall touching lands.

VNiuersis Christi fidelibꝰ &c. P. H. de R. in comit̄ E. yeomā, filius Sect. 533. & heres R. H. defuncti dū vixit de G. In comitatu predicto yeoman, salutem in domino sempiternam. Noueritis me praefat̄ P. fecisse ordinasse, constituisse, & loco meo posuisse dilectū mihi in Christo T. B. meum verum & legitimum Atturnatum, ad prosequendū, implacitandū, & defendend' vice & nomine meo, & pro me, in omnibus & singulis curijs & placitis, ac coram quibuscun (que) Iudicibus & [Page] Iusticiar̄, versus omnes & singulas ꝑsonas, erga quas vel quā aliqua actio, [...]am realis quam ꝑsonalis mihi quouismodo dat ius; sectā, aut defensionem per legē, de, & pro omnibꝰ illis terris & ten̄tis meis cū suis ꝑtinentijs vniuersis vocat̄ W. situatis, iacentibus, & existentibus in villis & campis de C. praedict', quae mihi dicto P. iure haereditario discendebant, per & post mortem praedict' R. patris mei, & quae in praesentia me iniuste detinent̄: Necnon omnia dicta terras & tenementa cum suis pertinentijs, vice & nomine meo ad intrand', ac plenam & pacificam possessionem & seisinam, de & in eisdem, pro me, & nomine meo capiendam: Ac omnes & singulas personas quascū que firmarios siue occupatores eorūdem abinde expellend' & amouendū, & super huiusmodi possessione sic capta & habita, omnia dicta terras & tenementa cum ꝑtinentijs ad vsum dicti T. custodiend', gubernand', occupand', & ministrand'. Dando, & per presentes concedendo praedict' Atturnat̄ meo, plenam & integram potestatem meam authoritatem & mandatum speciale praedict' personas & earum quamlibet, occasione iniuste detentionis, custodiae vel occupationis praedict' terrarum & tenemontorum cum pertinentijs, aut alicuius inde pratis seu parcell' attachiand', & arrestari faciend', ac coram Iudicibus & Iusticiarijs praedict' comparere faciend' & producend', ac versus ip sas personas, & earum quamlibet occasione praedict', omnes & singulas actiones, sectas, placita, & ꝓsecutiones, licita, requisita & necessaria in cur̄ praedict' vbicun (que) videbitur oportunum fore, vice ac nomine meo leuand', affirmand', capiend', & atturnand', & eas vel ea secundum iuris exigētiam, cum quibuscun (que) inde circumstantijs interplacitand' & prosequend', ac ius & titulum meū p̄dict' coram p̄dict' Iudicibus & Iusticiarijs declarand', exponend', & notificand', dictas (que) personas & earum quamlibet per legis vigor̄ arrestand', imprisonand', & condemnari faciend', ac extra prisonam deliberand': Necnon damna & expensas in ea parte habit̄ & habend' de ipsis personis & de earum qualibet recuperand', & recipiēd'. Et de receptis & recuperatis, ac super finem &c. As in other.

¶ A Letter of Atturney to sue for lands and goods.

THis Bill indēted made &c. Betweene &c. Witnesseth, that where Sect. 534. as y^• said I. L. by his writing obligatory, bearing date &c. hereof standeth bounden to the said D. in xl. l. &c. with condition thereunto indorced, as thereby appeareth, the said D. in cōsideration therof hath [Page] coustituted &c. in her place put the said I. her true & lawful Atturney irreuokable, to demaund, sue for, recouer, receiue, obtaine, and get in her name and steede, to his owne vse, without any accompt thereof to be made or rendred vnto the said D. her executors or administrators, aswel all such lands, tenements, & hereditaments, which she the said D. should or ought to haue for her dower or iointure, of any landes, tenements or hereditaments which were the inheritance of the said W. L. except one mesuage &c. As also all such goods and chattels as the said D. ought to haue for her part, of al the goods and chattels which were the said W. L. at the time of his death, other then such goods and chattels as she the said D. now hath receiued, & the thirde part of all such debts as were due to the said W. L. at the time of his death. And the said D. doth by these presents giue and graunt vnto the said I. L. her ful & whole power in the premisses (except before excepted) to arrest, sue, declare, implead, imprison, and release, any person or persons, for, or by reason of the same premisses, or any part thereof, (except before excepted) at the costes and charges of the saide I. L. and thereof and therefore in her name to release, acquite, compound, and agree with any person or persons: And also to doe, finish, and execute, all and euery other thing & things, which shall be requisite or necessarie, in, or about the premisses, or any parte thereof, (except before excepted) so fully and wholly, as if shee the said D. should or might, or ought to do, if shee were personally present at the doing or executing of the same. And further, the said D. doth couenant &c. that she the said D. shal and will allow, iustifie, affirme, performe, ratifie, and establish, all and euery acte and actes, thing and things, which the said I. L. shall lawfully do, or cause to be done in her name, in, or about the premisses or any part thereof (except before excepted) according to the true meaning hereof, at the costs and charges of the said I. L. And that the saide D. shall not, nor will not at any time hereafter reuoke or adnul this present Letter of Atturney, or the power and authoritie thereby giuen to the said I. In witnesse &c.

¶ A Letter of Atturney to sue to a Court.

PAteat vniuersis ꝑ praesentes, quod ego R. P. atturnaui, & in loco Sect. 535. meo cōstitui I. meum Atturnatum, ad sectam nomine meo faciend' ad Curiā Decani & Capituli Ecclesiae beatae M. Linc'de C. iuxt̄ tenorem breuis regis, balliuis praedict' Decam & Capituli curiae suae praed' inde direct' Ratum habiturus & gratum quicquid idem I. nomine meo fecerit in &c. In cuius &c. Dat̄ &c.

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¶ A Letter of substitution where the atturney maketh a deputie vnder him.

VNiuersis &c. S. F. &c. Cum I. T. &c. per quoddam scriptum suū Sect. 536. de Atturnat̄ fecerit, ordinauerit, constir̄, & in loco suo posuerit me praefat̄ S. suum verum & legit̄ Atturnat̄, ad petendum &c. vice & nomine dicti I. & ad meum proprium vsum de H. C. x. li. in quibus dict' H. ꝑ obligationem suam praefat̄ I. tenet̄ & obligat̄, dictusque A. per dictum script̄ suum de Atturn̄, dederit & concesserit mihi praefato S. Atturnato suo, plenam & integram potestatem suam & authoritat̄ in praemissis ad faciend', agendū, prosequend' &c. & de recept̄ & recu ꝑatis, & suꝑ finem & concordiam acquietanc', seu alias exonerationes nomine dict' I. componend', sigilland' & deliberand'. Et atturnatos alios, vnum vel plures sub me constituend' & reuocand', prout in eod' scripto de atturnat̄ inde confecto plenius continet̄. Nouerit̄ me p̄f. S. vigor̄ & authoritate dict' script̄ de atturn̄ mihi sic fact', ordinasse, posuisse, &c. E. N. meum ver̄ & legitim̄ substit̄ ad petend' &c. ad vsum, commodum & proficuum dict' E. de praef. H. x. li. Necnon omnia alia & singula in premis. & circa ea necessar̄, ad faciend', exigend', expediend', & finiend', adeo plene & integr̄, sicut ego praedict' T. vigore antedicti scripti atturnat̄ facere possem seu deberem si praesens personaliter adessem. Ratum & grat̄ &c. In cuius &c.

¶ A reuocation of a letter of Atturney.

VNto all Christian people to whō this present writing shall come Sect. 537. A. W. &c. widow sendeth greeting: Whereas I the said A. vpon trust and confidence which I had in E. W. my sonne, did by my letter of Atturney constitute and make the saide E. my Atturney, Baylife, Factor, and Solicitor generall, in, for, and of all and singuler my goods, chattels, debts, dueties and demaunds, landes, tenements and hereditaments whatsoeuer. And did giue him further authority and power to deale for mee, as by the saide writing to him made more at large appeareth. Now know you me the said A. W. for that the saide E. W. hath vsed himself by colour of the said authority to him giuen, greatly both to my discomfort and hinderance, and otherwise then my trust and confidence was in him, To haue reuoked, countermanded and made void, and by these presents do reuoke, countermand and make voyde the said letter of atturney, and all the power and authority of the said E. W. to him giuen aswell by the said writing as by any [Page] other meanes whatsoeuer, whereby he can or may pretend to haue any kinde of doing or dealing for mee or in my name touching any thing that is mine. In witnesse &c.

Warrants of Atturney.

¶ A Warrant of Atturney to make leases not exceeding xx. yeeres.

TO all the faithfull of Christ to whome this present writing indented Sect. 538. shall come A. B. sendeth greeting in our Lord God euerlasting. Know that I the said A. B. haue ordained, constituted and appointed D. C. my true and lawfull Atturney, and by these presents doe giue vnto the said D. C. full power and authority for me and in my name by writing indented or by seuerall writinges indented to demise, grant, and to farme let, all those my mesuages &c. set, lying or being in the County &c. or in any of them, or any of the premisses as to the said D. C. shall seeme meet and conuenient, to such person or persons, & during such terme of yeares, so that the said lease or leases do not exceede the number of twenty yeares, with such reseruations of rents, couenants, graunts, agreementes, and condi [...]ions to be contained in the said seueral writings indēted as to the said D. C. shall be likewise thought most meete and conuenient: and also in my name to seale and deliuer as my deede, and the one part of all and euery such writings indented as to the said D. C. in my name shall bee in forme afore rehearsed, to and for my vse with him to retain and keepe. And I the said A. B. my heires and assignes shall at all times hereafter ratifie, confirme, and allowe all and euery act and acts, thing and things which the said D. C. in my name shall doe in the premisses. In witnes &c.

¶ A Warrant of Atturney to deliuer a lease vpon the ground.

TO al Christian people &c. to whom &c. W. A. of H. in the County Sect. 539. of D. Esquire, send greeting. That whereas I the said W. haue made and sealed one writing indented purporting a lease to bee made vnto M. S. &c. of al the tenement with y^• appurtenances in C. within the manor of C. within the parish of E. in the County of D. And of all houses, buildings, lands, tenements, meadowes, pastures, woods, vnderwoods, commons and wasts, and all other hereditaments, with [Page] the appurtenances to the same tenemēts belonging or appertaining &c. within either the words of the lease. To haue and to hold &c. as by the same writing indented bearing date &c. more plainly doth & may appeare. Know ye now that I the said W. A. haue ordeined, made, constituted, and assigned my welbeloued B. P. my true and lawfull Atturney to enter for me, and in my name & stead into the fore recited premisses with the appurtenances, and thereupon for me and in my name, & stead, to deliuer thone part of the said writing indented, sealed with my seale, vnto the foresaid M. S. as my very act and deede, vpon euery parcell of the premisses aforesaid, in y^• name of the whole in the said writing contained, and thereupon to receiue, & accept for me and in my name, from the said M. S. the counterpane of the writing indented to my vse, ratifying & allowing all and euery act and actes, thing & thinges, whatsoeuer my said Atturney shall do, or cause to be done, in, and about the premisses, in as ample maner and as fully and wholly, as though I my selfe had bin there present in my owne person. In witnesse whereof I the said W. A. to this my present writing haue put to my seale &c.

¶ A Warrant of Atturney to deliuer and receiue writings.

BE it knowen vnto all men by these presents, that I L. of W. in Sect. 540. the Countie of C. thelder, haue authorized, deputed, and in my place haue put my welbeloued I. D. aswell to receiue for me, & in my name, one deed indented, made by H. S. of C. of all the lands & tenements which were of the inheritance of H. S. father to the said H. in M. V. D. C. & W. together with the possession of all the same lands, as also to seale and deliuer for me, and in my name, one deed indented tripartite, made of all the foresaid lands, to the foresaid H. S. wyth diuers remainders ouer, as in the same deed more plainly appeareth: And also to do all & euery thing and thinges, in and about the same, as shall be thought expedient, as fully & in as large maner, as though I the said I. L. were personally present. In witnesse whereof to this my present writing, I haue set my seale and subscribed my name, the day of &c. in the yeare of the raigne of our said Soueraigne Lord.

¶ A Warrant of Atturney to receiue possession.

TO all Christian people to whom this present writing shal come, Sect. 541. A. B. of L. in the Countie of M. Esquire, sendeth greeting in our Lord God euerlasting. Know ye that I the said A. for diuers and sundrie good, sufficient, and reasonable causes me [Page] thereunto specially mouing, haue aucthorized, constituted, ordeined, & in my place put my welbeloued in Christ R. Y. of N. in the Countie of Y. gent. my faithfull and vndoubted Attorney, to enter for me, and in my name, into the mesuage of N. and into all and singuler lands, tenements, closes, meadowes, feedings, and pastures, and all other appurtenances thereunto belonging, in the Countie of Y. late parcel of the possessions of the late dissolued Monasterie of W. in the said Countie of Y. which I the said A. haue of the lease and demise of R. T. of T. in the said Countie of Y. and the possession of all and singuler the premisses, to take for me, and in my name, and to my vse and behoofe: And the possession thereof taken and had, to reteine, hire, set, place, and appoint one Baylife or Ouerseer, into, and vpon the said mesuage & other the lands and tenements with their appurtenances aforesaid. And also all other seruants or laborers, necessarie for the sure keeping, occupying, manuring, and vsing of the premisses, and euery parcell thereof, for the most auaile, commoditie, and aduantage of me the said A. ratifying, approuing, and confirming whatsoeuer my said Atturney, shall do in the premisses, or any of them: And allowing all and euery act and actes so done by the said Atturney, to be as effectuall & sufficient in law, concerning the premisses, or any part thereof against me, or any other person or persons, as I my selfe were present and had done the same. In witnesse &c.

¶ A Warrant of Atturney to releas a prisoner.

TO all Christian people to whom &c. H. D. of A. in the Countie Sect. 542. of G. gent. and R. H. of B. in the said County yeoman, send greeting in our Lord God euerlasting. Whereas R. D. of H. in the Countie aforesaid Esquire, administrator of the goods & cattels of P. D. knight, his father deceased, by his sufficient writing, bearing date the day of &c. hath giuen vnto vs the said H. and R. by the names of his welbeloued kinsman H. D. seruant to the right honorable Sir R. S. knight, and his seruant R. H. his true & lawful Atturneis, and to either of vs iointly & seuerally, full power and aucthoritie for him, and in his name, to release, discharge, remit, and inlarge, one W. M. late of M. in the said Countie of C. Esquire, who lyeth prisoner in the Fleete, & so hath continued by the space of these &c. yeares being committed to the same prison, by the late Lord W. then Chaunceller of &c. for that the said W. M. refused to stand to the order of the said L. W. concerning a statute marchāt, knowledged before that time, by the said W. vnto the said P. D. before the Maior of the citie of C. for [Page] the time being: And further to do all and singuler act and acts, thing and things, whatsoeuer it were, for, and in the name, and behalfe of the said R. D. either before the Lord Chancellor of England or before any other Iustice or Iustices, within this Realme, that may bee thought conuenient, expedient, or necessary for thenlargement, or releasement of the said W. M. as if the saide R. D. had beene present in person himselfe, to doe, execute and conclude the same: allowing, ratifiying, & confirming for him, his heires, executors, & administrators, whatsoeuer we the saide H. and R. should doe in the premisses, absolutely without condition, to all intents and purposes, as by the same writing more plainely doth and may appeare: Now knowe ye, that we the said H. D. and R. H. vpon due consideration had of all things, touching or concerning the premisses, haue by force of the said letter or writing of Atturney, and by vertue and authority of the same, for and in the name of the said R. D. released, discharged, and remitted, and by these presents do release, discharge and remit the said W. M. not only of the saide Statute marchant, and of all executions, suites, quarrels, debates, and demaundes concerning the same, and of all other debts, suits, quarrels, debates and demaunds, that the said R. D. hath or may haue against the said W. M. for and concerning the said statute, but also we the said H. D. and R. H. for and in the name of the said R. D. are contented and agreed, that the said W. M. shall bee dismissed and discharged, out of the prison of the saide Fleete, and set at his full liberty, and not bee detained there any longer, neither for, or concerning the said statute, or by force of the saide order, or commandement of the saide late Lorde W. or for any other matter or cause whatsoeuer, that is depending betweene the said R. D. and the saide W. M. before the date of these presents. In witnesse &c.

¶ A warrant of atturney to prosecute all actions &c.

THis Indenture &c. Betweene I. S. of D. of the one party, and Sect. 543. I. D. of C. of the other party, Witnesseth, that the said I. S. hath constituted, made and ordained, and by these presents doth constitute, ordaine and make the saide I. D. his lawfull and generall Atturney from henceforth to commence, bring, sue and prosecute for him and in his name all manner of actions aswell reall as personall aswell by writte, bill, plaint, or otherwise in any Court or Courts of Recorde, Court of Requests, or in any other Court or place whatsoeuer within this Realme of England, and the same actions and suits and euery [Page] of them to presecute and followe, for, and in the name of the saide I. S. in as large and ample manner as the saide I. S. might doe i [...] the same were by him in proper person commenced, sued or taken. And further the said I. S. by these presents doth also constitute, ordaine and make the saide I. D. his lawfull and generall Atturney to appeare, make answere, and to defende for him, and in his name in all manner of Actions and Suites whatsoeuer they bee, which is, or at any time hereafter shall bee commenced, sued or taken against the said I. S. by any person or persons whatsoeuer, and all thinges that the saide I. D. shall doe or make as Atturney vnto the saide I. S. the saide I. S. by these presents doth ratifie and approoue the same to bee his very actuall deede. And further the saide I. S. doth constitute, make, authorise and appoynt the saide I. D. to bee his generall Stewarde of all his Landes, Tenements and Hereditaments in the Counties of E. D. and E. or elsewhere within the Realme of Englande to vse and occupie the saide office of generall Stewarde by himselfe, or by his sufficient Deputies, during the pleasure of the saide I. S. And the saide I. s. doth also by these presents giue full power and authority vnto the saide I. D. and such Deputie and Deputies as the saide I. D. hereafter shall name and appoint, to receiue and take, and to admitte one Tenant or Tenantes by Copy of Court Rolle, according to the custome of the Manors aforesaide, or anie of them, and also to taxe and assesse anie Fine or Fines, vppon Tenant or Copyholder of the saide Manors, Landes, and Tenements, or anie part or parcell thereof vppon anie interest, cause of forfaiture, surrender or for the breach of anie Condition or otherwise by any vnlawfull way or meanes whatsoeuer. And what thing the saide I. D. his Deputie or Deputies shall doe, for and in the name of the saide I. S. in executing and dooing of the premisses appointed vnto the Office of the Generall Stewarde, the saide I. S. doth ratifie and approoue the same to bee his owne actuall deede. And the saide I. S. for him and his heires by these presents doth also giue full power and authoritie vnto the saide I. D. from time to time hereafter to demise, set and let to farme for and in the name of the saide I. S. such part and parcell of his saide Manors, Landes and Tenements as to the saide I. D. shall seeme meete and conuenient to be demised and letten to Farme to any person or persons for and during the terme of yeares from the making [Page] of such lease and demise and not aboue, reseruing vpon any such lease and demise such yearely rent, and taking such fine for the same to the vse of the said I. S. as the said I. D. shall think meete and conuenient to be paied and reserued for the same. And the said I. S. doth further constitute, ordeine, and make the said I. D. to be his receyuer generall of all his lands, tenements, rents, reuersions, profites, debtes, and summes of money whatsoeuer they be, or which hereafter shall or may in any wise be due vnto the said I. S. And that the said I. D. by these presents shall haue full power and aucthoritie to receiue and take to the vse of the said I. S. at the handes of all and euerie the Tenants, Farmers, Baylifes, and debters of the said I. S. all and euery such summe or summes of money as now is, or that hereafter by any way or meanes shall be due to the said I. S. And the said I. S. doth further aucthorize the said I. D. by these presents, and to him doth gyue full power and aucthoritie, that he the said I. D. vpon receipt of any summe or summes of money, so by him hereafter to be receyued, shall and may make such lawfull discharge for the same by deede, release, or acquitance in the name of the said I. S. or else by deliuering or cancelling of any writing obligatorie, or by any other waies or meanes, as by the said I. D. from time to time shall be thought meete and conuenient to be had, made, and done. And whatsoeuer deed or deedes, release, acquitance, or other discharge which the said I. D. shall make, seale, and deliuer for cancelling of any writing obligatorie, or by any other way or meanes, as by the said I. S. from time to time shall be thought meete and conuenient to bee had, made, or done, and whatsoeuer deede or deedes, release, acquitance, or other discharge which the said I. D. shall make, seale, or deliuer, for, and in the name of the said I. S. touching or in any wise concerning the premisses, the said I. S. for him, his executors and administrators, doth by these presents from time to time ratifie, approue, and confirme the same to be his lawfull act and deede. And the said I. S. doth further aucthorize the said I. D. by these presents, that the said I. D. shall and may from time to time hereafter take accompt of all and euerie hys Tenantes, Farmers, Baylifes, Rentgatherers, and other Officers of the said I. S. whatsoeuer they be, of, and for the rents, reuenues, and profites, or summes of money by them or any of them receiued to the vse of the said I. S. or which they or any of them [Page] shall hereafter receiue to the vse of the said I. S. And that he the said I. D. vpon euery such accompt so by him to be taken, or by the receit of any such rent, profit, or summes of money by him to be had by the hands of the said Farm [...]rs, Baylifes, tenants, rentgatherers, or other officers, to the vse of the said I. S. shall and may by vertue hereof giue vnto euery such Farmor, or Baylifes, of whom she shall take any such accompt, or receiue any such rents, reuenues, profites, debtes, or summes of money, allowance, for, and in the name of the said I. S. of so much and of such partie and porcion of the said rents, reuenues, &c. as to the said I. D. by his discretiō shal be thought meet and reasonable to be giuen and allowed, and that euery such allowance of euery such summe or summes of money hereafter by the said I. D. to be had, made, & giuen, shall be as good & effectuall in the law to all intents and purposes against the said I. S. his executors & administrators, and euery of them, as though the same allowance had bin had, made, and giuen by the said I. S. in his owne proper person. And further the said I. S. doth giue full power and auethoritie vnto the said I. D. at all and euery time and times hereafter to make payment and deliuerie, for, and in the name of the said I. S. of euery such summe or summes of money as the said I. D. by a letter or writing subscribed with the hand of the said I. S. shall be commaunded, assigned, appointed, or required to pay or deliuer either vnto the said I. S. or to any other person or persons whatsoeuer they be. And the said I. S. doth further graunt by these presents, that when & as often as the said I. D. at any time hereafter shall make any payment or deliuerie out of his handes of all the said rents, receits, and summes of money hereafter by him to be receyued to the vse of the said I. S. or any part or parcel therof by vertue or aucthority of any such writing, or letter subscribed with the hand of the said I. S. that then the said I. D. his executors or administrators after such paiment and deliuerie of any such summe or summes of money shalbe therof, & of euery part therof cleerely discharged against the said I. S. his executors & administrators by these presents. And further the said I. S. for him and his heires by these presents doth giue full power & auethoritie to the said I. D. cleerely to bargaine and sell all that his Manor of S. in the Countie of L. and all other mesuages, lands, tenements, and hereditamēts in S. aforesaid, or elsewhere, in the said County of L. or any part or parcell therof, as the said I. D. at any time or times hereafter shall think meet and conuenient to be sold, and for such summe [Page] or summes of money as the said I. D. shal think meet to be taken for the same to the vse of the said I. S. and what bargaine, contract or sale soeuer the said I. D. shall conclude and agree with any person or persons for the said manor or any part or parcell thereof, the said I. S. doth giue his full consent thereunto, and the same doth ratifie approue and confirme by these presents, And further the said I. S. doth constitute & ordaine the said I. D. to be his surueyor of his Manors, lands, tenements and hereditaments whatsoeuer they be within the Realme of England, and doth giue full power & aucthority vnto the saide I D. to make such profite and commodity of the saide Manors, lands, tenements and hereditaments, and euery part thereof, as well in wood sales and selling of woods and vnderwoods, in and vpon the premisses or any part thereof, and also by all other reasonable wayes and meanes which the said I. D. shall thinke most meete and conuenient to be had, made and done for the profite and commodity of the said I. S. And moreouer the said I. S. doth giue full power and aucthority vnto the said I. D. by these presents that he the said I. D. shal and may at all time and times, and from time to time hereafter, do or make or cause to be done or made, for and in the name of the said I. S. all and euery such act and thing whatsoeuer it be, which the said I. D. by any letter or writing subscribed with the hand of the said I. S. shall at any time hereafter be commaunded, required, willed, or desired to make or do for the said I. S. And whatsoeuer act, deed or thing which the said I. D. shall at any time or times hereafter do, make, or cause to be done or made, for and [...] the name of the said I. S. by force of any these presents, any such writing or letter according to the effect, tenor, and true meaning of these presents, the said I. S. doth ratifie, approue, allow, and confirme the same, and euery act, thing, and deed whatsoeuer hereafter to be had, made, or done to be his lawfull act and deede, and to be good and effectuall in the law to all intents and purposes, to, and against the said I. S. his heires, executors, and administrators, by vertue of these presents.

¶ A Warrant of Atturney to reuoke administration.

PAteat vniuersis per praesētes, quod cum nobilis foemina domina Sect. 544. Eliz. relicta nuꝑ praenobilis viri G. Comitis S. nuꝑ Comitis Mareschalli A. defuncti administrac' oīum & singul' bonorum iurium & creditor̄ & catallor̄, quae fuer̄ dicti nuper praenobilis viri tempore [Page] mortis suae infra iurisdictionem Reuerendissimi in Christo patris & domini I. prouidētia diuina E. Archiep̄ A. primatis & Metropolitani existent̄, ipsi p̄fat̄ dominae E. aucthoritate dicti dn̄i patris de facto committi ipsam (que) administratricem eorūdē bonor' & caeterorū praemissorū ordinari & constitui, ꝓcurauerit & obtinuerit: Nunc ego G. Comes S. filius & haeres dicti nuꝑ praenobilis viri patris mei def [...]ncti, dilectos mihi in Christo I. S. I. B. W. F. & E. F. notarios publicos almae cutiae Consist' E. ꝓcuratores generales meos, certos, legitimos & indubitat̄ actores, factores, procuratores negotiorum (que) meorum gestores & nuntios speciales ac generales ad infrascript̄ nomino, ordino, facio, & constituo per praesentes. Dans & concedens eisdem ꝓcuratoribꝰ meis cōiunctim & eorū cuilibet per se diuisim & in solid', Ita qd' non sit melior cond' occupan̄, nec deterior subsequen̄, sed ꝙ vnus eorū inceperit id eorū aliquis ꝑ se libere ꝓsequi valeat pariter & finire, potestatem generalē & mandat̄ speciale pro me ac vice, loco, & nomine meis corā venerabil [...]bus viris mr̄o I. B. legum doctore & M. S. artium mr̄o tam almae curiae praerog. Archiep̄ E. custodibus, mr̄is siue Cōmissarijs, quam etiam Scaccarij dicti reuerendissimi patris Commissar̄ seu eorū altero, vel eorū seu alterius eorū surrogato siue deputato, aut alio iudice in hac ꝑte competent̄ quocun (que) comparend' & interessend', meque a personali cōparitione in ea parte excusandi, ac causā & causas absentiae meae hm̄di allegand', proponend', probandi, dictam (que) administr̄ & lr̄as desuper fact' & obtent̄ potestatem (que) quamcunque dictae dn̄ae Eliz. in ea parte quomodolibet concessam & commissam reuocari, cassari, et ad omn̄ iuris & facti effect', adnullari ipsamque admin̄ omn̄ & singul' bon̄ iur̄ & creditor̄, & cattallor̄ nondū administr̄ (quae fuerunt dicti nuꝑ pr̄is mei defuncti tēpore mortis suae infra prouinciam E. existent̄) ipsum (que) & testament̄ siue vltimā voluntatem suam qualitercun (que) tangent̄ & cōcernent̄, mihi p̄fat̄ G. constit̄, vna cum dicto testament̄ siue vltima voluntate annex': ac in complement̄ illius testamenti, ac iuxta formā, effect', & intention̄ eiusd' disponend' decerni & cōmitti, petēdi, requir [...] ̄di, & obtinend', iuramentū (que) tam de fideli administr̄ eorūd' bonorū, iurium, credit̄, & catallorū omnium & singulorum quatenus ad manus nostras peruenerint, siue peruenire poterint, quam de fideli & pleno inuentar̄ vero (que) pleno & fideli compot̄ calculo siue ratiocinio de e [...]d' administr̄ mea, ac bonis & caeteris p̄missis pro loco & tempore cōgruis & opportunis reddend' & exhibēd' pro me ac in animam meam praestand' & subeun̄, ipsum (que) inuentariū & compot̄ praedict̄ exhibend' & redd [...] ̄d', ac me ab vlteriori compot̄, calculi siue [Page] ratiocinij in ea parte redditione finaliter dimitti absolui & liberari petendi, beneficium insuper absolutionis a quibuscunque suspenc', excommunic' siue interdictionis sm̄is latis seu fiend' mihi impend' petend' & obtinend'. Quodcun (que) etiam iurament̄ licitum & honestum in animam meam quoties & quando opus foe [...]it subeun [...]' & praestand'. Et generalia omnia & singula alia faciend', exequend, ꝓcurand' & expediend' quae in p̄missis aut circa ea necessaria fuerint seu quomodo libet oportuna, etiams [...] mandat̄ de se magis exigant speciale quam superius est expressum. Promittoque me ratum gratum & firmum perpetuo habiturum totum & quicquid dicti procuratores mei coniunctim vel diuisim in praemissis seu eorum aliquo fecerit aut fecerint sub ypotheca & obligatione omnium & singulor̄ bonorum meor̄, & cautionem in ca parte expono per presentes. In cuius rei testimonium (quia meum non est autenticum) ideo sigillū capituli ecclefiae collegiate beatae M. de S. in com̄ M. quae ad causas vtuntur, praesentibus apponi procuraui. Et nos capitulum antedictū ad petition̄ partis dicti praenobilis viri dn̄i G. comitis S. constituent̄, sigillum nr̄um praed' p̄sentibus apponi fecimus. Dat̄ &c.

¶ Administration granted by the Archbishop of Canterburic vpon renuntiation, thintestate hauing goods in diuers Dioces.

IOhann̄ prouidētia dn̄a Cant̄ Archiep̄ totius Angliae prim̄ & Metropolitanus Sect. 545. dilect' nobis in Christo praenobil' viro domin̄ G. com̄ moderno S. filio natural' & legitimo domini G. nuper comitis S. & comit̄ Mareschalli Angliae praeclarique ordinis garterij militis def. Salutē. Cum idem dominus G. def. habens dum vixit & mortis suae tempor̄ bona iura siue credita in diuersis diocesib. siue Iurisdictionibus suum, dum egit in humanis, rite & legitime condiderit testamentum suam in se continens vltimam voluntatem, in quo siue qua E. T. & H. T. armigeros filios suos naturales & legitimos nominauerit, ordinauerit, fecerit & constituerit executores Qui quidem executor̄ ex certis causis animos suos in hac ꝑte iuste mouent̄ oneri execuc' dict' testament̄ expresse renunciauerunt. Cuius praetextu omnium & singulorum bonorum iurium & creditorum antedict' def. plenaria dispositio administrationis (que) corundem Commissio, Necnon comp̄i, calculi siue ratiocinij administrationis huiusmodi auditio finalisque liberat̄ siue dimissio ab eadem ad nos solum & in solidū & non ad alium nobis Inferiorem iudicem notorie dignoscuntur pertinere. Nos [Page] vero affectantes vt bona iura & credita dict' defendent̄ bene ac fideliter administrētur dictumque testamentum perimpleatur, suumque debitum sortiatur effectum, Ad administrand' igit̄ bona iura & credita huiusmodi iuxta tenorem & effectum testamenti supradicti praesentibus annex' ac bene & fidelit̄ disponend' de eisdem, Necnō credita quaecunque dict' def. petend', colligend', leuand' & exigend' quae ad eundē def. dum vixerit & mortis suae tempore pertinuerūt, Ac primo de soluend' es alienum in quo idem def. huiusmodi mort̄ suae tempore extitit obligatus, deinde legata in dict' testament̄ p̄sentibus (vt praefertur) annex' contenta & specificata, quatenꝰ bona iura & credita sua huiusmodi ad hoc extendant iuxta ratā eorund', Tibi de caius fidelitate in hac parte cōfidimus de bene & fidelit̄ administrando eadem, Ac de pleno & sidel' inuentor̄ oīum & singulor̄ bonor̄ iurium & creditorum huiusmodi conficiend', Et illud in curiam praerogatiuae nostre Cant̄ secundo die post faestum Ascen̄ domini nr̄i proxim̄ futur̄ exhibend'. Necnon de pleno & vero Comp̄o, calculo [...]ue ratiocimo in ea parte reddend' ad Sancta dei Euangelia in ꝑson̄ mei G. C. notarij publici procurat̄ tui in hac parte legitm̄ constit̄ Iurat̄ plenam tenore praesentium committ̄ potestatem. Teque administratorem omnium & singulor̄ bonor̄ iurium & creditorum huiusmod ordinauimus deputamus & constituimus per praesentes. Dat̄ London̄ 23. D. Anno 1560. Et nostrae translation̄ An̄ 8.

¶ A Letter of Atturney to exhibite a will and Inuentorie and take administration and to accompt.

PAteat vniuersis per pra sentes quod ego Domin̄ G. Comes S. ac Sect. 546. fili [...]s naturalis & legitimus Domini G. nu [...]er Comitis S. defunct' habentis dum vixit & mortis s [...]ae tempo e bona iura siue credita in diuersis dioces. siue iurisdictionibus dilectos mihi in Christo I. L. T. W. F. C. & G. C. notarios publicos almae Cur̄ Cant̄ de Arch' London̄ procuratores generales meos veroscertos legitimos & indubitatos procuratores actores factores negotiorumque meorum gestores & nuncios speciales ordino facio & con [...]ituo per praesentes, Doque & concedo eisd' procuratoribus meis coniunct' & eorum cuilibet per se diuisim potestatem generalē & mandat̄ specal' pro me & nomine meo coram Cur̄ praerog' Cant̄ mag' custod' siue commissario eiusd' surrogato aut alio Iudice in hac parte competē [...] q [...]ocunque comparendi meque a personali comparitione excusandi, [Page] ac com̄ & causas absentiae meae hm̄di allegand' proponend' & proband' testamētum (que) siue vltimā voluntatem dicti def. in script̄ reduct' exhibendi, & administr̄ omniū & singulor̄ bonorum iur̄ & creditorum eiusd' def. vna cum test' & vltima voluntate hm̄di annex' mihi cōmitti petend' & obtinend' iuramentum (que) tam de fideli administrac' omn̄ & singulorū bonorū iur' & creditorū hm̄di per me obeund', quam de fidel' inuētario, necnon plano & vero comp̄ calculo & ratiocinio oīum & singulorū bonorū iur̄ & creditorū hm̄di per me reddēd' ei exhibend' pro loco & tēpore congruis & opportunis in an̄am meam subeund' & praestand'. Inuentarium etiam & compotum calculum siue ration̄ hm̄di nomin̄ meo exhibend' et introducend', ac me ab vlteriori comp̄ bonor̄ iurium & creditor̄ hm̄di redditione dimitti petend' et obtinend' beneficium insuper absolutionis a quibuscun (que) suspēcionis excōmunicationis vel interdict̄ sm̄ijs in me qualitercun (que) latis mihi impendi, petend', & obtinend', et quodcunque iuramentū de iure in ea ꝑte requisitum in an̄m praestand' & subeund'. Et general' omnia & singula alia faciend', exercend', & expediend' quae in p̄missis aut circa ea necessaria fuerint seu quomodolibet oportuna etiamsi mandat̄ de se magis exigant speciale quam superius est expressum. Promittoque me ratum, gratū, & firm̄ ꝑpetuo habiturum totum & quicquid dicti ꝓcuratores mei feceriat seu eorū aliquis fecerit in hac parte sub hypotheca & obligatione oīum & singulorū bonorū eorum & in ea parte cautionem expono per praesentes. In cuius rei testimoniū sigillum exemptae iurisdictionis praebendarij Praebend' de B. praesentibus apponi procuraui. Et nos Praebendarius antedictus ad specialem rogatū dicti constituen̄ sigillum nostrum hm̄di praesentibus apposuimus. Datum xxiij. die mensis Decembris, Anno domini &c.

Licences.

¶ A Placard or licence for a Crossebow.

ELizabeth &c. To all maner our Officers, Ministers, and subiects, Sect. 547. of what estate, degree, or condicion soeuer they be, these our letters hearing, seeing, & to euery of them greeting. Albeit that by the auethoritie of our high Court of Parliament it is ordeined and enacted, that no maner of person vpon certaine penaltie [Page] shall without our special licence, vse or occupie any Crossebow within this our Realme, except he be a Lord, or that he or any other person or persons to his vse haue lands of freehold to the yerely value or extent of one hundred pounds aboue all charges and reprises, as in the said Act it is expressed more at large: Yet we neuerthelesse of our grace especiall for certain causes and considerations vs mouing, haue by these presents licensed our welbeloued I. W. to occupie and exercise his Crossebow at his libertie, without any penaltie or forfaiture sustayning in that behalfe: the said act or any other actes heretofore made or passed to the contrary notwithstanding. Wherefore we will and commaund you, and euery of you, to permit & suffer the same I. to vse and enioy the whole effect of this our licence without any your disturbance or interruption to the contrarie. Prouided alwaies that vnder colour hereof he in no wise vse his Crossebow within our Forests, Parkes, or Chases, to the diminishing of our Deere or game within the same, vpon penaltie of the Statute in such case prouided and ordained. Giuen vnder our Signet the &c.

¶ Another Placard for a Crossebow.

ELizabeth &c. (vt supra) greeting. We let you to wit, that by Sect. 548. these presents we haue licensed our welbeloued subiect N. not onely to occupie and exercise shooting in his Crossebow in all places from hencefoorth at his libertie, but also to haue, keepe, and retaine the same in his house, or els where at his libertie and pleasure, without any penaltie or forfaiture sustayning in that behalfe. Wherefore we will and commaund you &c.

¶ A Licence for Apparell, and to shoote in Cross [...]bowes and Handgunnes.

REgina &c. Sciatis qd' nos de gratia nr̄a speciali, ac ex certa scientia Sect. 549. & mero motu nostris, concessimus & licentiam dedimus W. B. armigero, quod ipse durante vita sua ad libitum & volūtatem seam vti, exercere, & gaudere quibuscun (que) vest', apparat̄, & cathen̄: Necnō sagittare in quibuscun (que) arcubus vocatis Crossebowes, ac in bombardis vocatis Handgunnes, & eas custodire tam in domibus & aliter, sicut aliquis ligeꝰ nostr' terras & ten̄ta habens ad annuum valorem centū librarū ad terminū vitae exercere, sagittare, custodire & gaudere licite & impune valeat & possit, abs (que) aliqua forisfact', paena, [Page] siue deperdito, & absque perturbatione, molestatione, inquietatione, impedimento seu grauamine quocunque: aliquibus statutis, prouisionibus siue restrictionibus inde fact', aeditis, ordinat̄ siue prouisis non obstantibus. In cuius rei testimonium has literas nostras fierifecimus patentes. Teste me ipsa apud Westm̄ &c.

¶ A Licence to retaine men,

REx omnibus &c. Sciatis quod nos de gratia nostra speciali, ac ex Sect. 550. certa scientia & mero motu nostris dedimus & concessimus, ac ꝑ praesentes damus & concedimus dilect' & fidel' nr̄o T. E. Militi, vni Iusticiarior̄ nostror̄ de communi banco, hanc libertatem quod ipse durante vita sua ad placitum suum de tempore in tempus legitime & impune retinere possit viginti homines quoscunque per aliquod script̄, sacram̄, promission̄ siue aliquo alio modo quocunque, & eisdem viginti hominibꝰ dare possit xx. liberatas panellorum vel signa vel Bageas, cuicunque qui de ipso habere voluerint easd' liberatas, signa vel Bageas, siue aliqua seu aliquas ad ipsum seruiendum, licet non sintnec fuerint, nec sit nec fuerit ball [...]ui seu balliuus ipsius T. E. Et etiam licet non sint nec fuerint, nec sit nec fuerit cum ipso T. E. retentus ad ipsum seruiendum in hospitio suo aut aliter, & eisdem viginti hominibus concedimus & eor̄ cuilibet aucthoritatem & potestatem recipiend' & vtend' eisdemliberat̄ sign̄ vel bageis. Habend', tenend' & gaudend' praed' libertatem & authoritatem pro termino vitae suae, absque impedimento, interruptione, molestatione, inquietatione, actione vel punitione nostri, aut haeredum nostrorum, ac ministror' & subditorum nostrorum quorumcunque, & absque aliqua forisfactura seu indemnitate ipsius T. E. pro exercitio, occupatione, siue factione praemissorum: Aliquo statut̄, actu, ordinatione, prouisione siue restrictione in contrarium ante haec tempora facto, aedito, siue prouiso in aliquo non obstante, aut aliqua alia causa vel materia quacunque non o [...]ante. Eo quod expressa mentio de certitudine praemissor̄, aut de alijs donis siue concessionibus per nos praefat̄ T. ante haec tempora factis in praesentibus minime facta existit, aut aliqua alia re, causa vel materia quacunque non obstante. In cuius &c.

Peripsum Regem & de data praedicta &c.

[Page]

¶ A Licence to weare a Cappe.

ELizabeth &c. To all maner our subiects, aswell of spirituall preheminence Sect. 551. & dignity, as of temporall authority these our letters hearing or seeing, and euery of them greeting. Forasmuch as wee be credibly informed, that our welbeloued T. M. for diuers infirmities which hee hath in his heade, cannot conueniently without his great danger be discouered of the same: we let you to wit, that in consideration thereof we haue by these presents licensed him to vse and weare a bonet at all times, as well in our presence as elsewhere at his liberty. Wee therefore will and command you and euery of you, to permit and suffer him so to doe, without any your challenges or interruptions to the contrary. Giuen vnder our Signet at our place at W. the xx. day of M. in the &c.

¶ A Licence to be absent from the Parliament.

TRusty and welbeloued, wee greete you well, and forasmuch as Sect. 552. we be informed that ye by reason of your age, impotencie, and other sicknes, cannot conueniently without great danger, trauaile nor labor to our high Court of Parliament: We therefore in consideration hereof licence you by these presents to take your ease, and to bee absent from our saide Parliament during the continuance or prorogation of the same: Any act, statute, or ordinance heretofore made to the contrary notwithstanding. Giuen &c.

¶ A Licence to be Nonresident.

HEnricus octauus Dei gratia Angl', Franciae & Hibern̄ Rex, fidei Sect. 553. defensor, ac sub Christo in terr̄ ecclesiae Anglicanae & Hibern̄ supremum caput, omnibus ad quos p̄sent̄ literae peruener̄ Salut̄, Sciat̄ quod de gratia nostra speciali, dedimus & concessimus ac ꝑ p̄sentes damus & concedimus pro nobis & haered' nostris, dilecto subdit̄ nr̄o domino W. B. clerico vicario perpet̄ vicariae [...]petuae siue ecclesiae parochial' de G. in com̄ nostro E. Lond' diocesis, vt ipse liber̄ & licit̄ valeat post hac quocunque tempore, & quandiu sibi placuer̄ se absentare a dicta vicaria perpet̄, seu benefic' suo de C. p̄dict', nec teneatur quouismodo in dicto beneficio suo corporalem facere residentiam, aut personalit̄ residere quamuis authoritate vel mandato inuitus compelli possit vel cogatur, & hoc absque perturbatione, vexatione, molestatione, vel contradictione aliqua, nostr̄, haered', offic', seu subditorum nostrorum quorumcunque: statuto de residentione cleric' [Page] [...]e, & super beneficijs suis in parliamento nostro tento apud Westm̄, [...] regni nostri vicesimo primoraut aliquo alio statuto, actu, or dina [...]ione, re, causa, vel materia qua [...]nque, in contrarium aedit̄ in aliquo non obstante &c. In cuius &c.

¶ A Licence to Brew.

VVHereas A. M. of W. in the County of D. husbandman, hath Sect. 554. come before vs Sir G. F. knight, and F. R. Sergeant at Lawe, two of the Queenes Maiesties Iustices of peace within the said County, and bound themselues in a Recognisance with sufficient sucrties, to brew, to sell, and keepe a common Alehouse, according to the Statute of Brewers, made in the first yere of the raign of our late Soueraigne Lord and king Ed. the sixt. Now know you vs the saide Sir G. & F. R. to haue licensed the said A. M. to brew, to sell, & keepe a common Alehouse, according to the said Statute. Giuen vnder our hands the xiii. of I. in the xxxvi. yere of our Raigne.

¶ A Licence to keepe a Wine Tauerne.

THis Indenture tripartite, made &c. Betweene R. E. of W. in the Sect. 555. Countie of E. gentleman, deputy and assignee of E. H. Esquire, to execute for him, and in his name, the effert of certaine authorities to him giuen by certaine letters patents hereafter mentioned on the one party, And I. O. Vintner of R. in the County of Y. of the other partie, Witnesseth, that whereas our saide Soueraigne Ladie by her Letters patents dated at H. Court the xxii. day of Aprill, in the xii. yere of her Maiesties Raigne, amongst other thinges in the same letters Patents expressed, hath giuen and graunted full and free libertie, licence, power, and auethoritie vnto the said E. H. his deputie and deputies, assignee and assignees, and euery of them, that he or they, or any of them, at all and euery time and times hereafter, during the life naturall of the saide E. H. shall and may at his and their libertie and pleasure, and for such considerations and summes of money to be paid to his and their onely vse, as to him or any of them shall bee thought most meete and conuenient, giue and graunt full and free libertie, licence, power, and aucthoritie, to such person and persons which nowe bee, or hereafter shall bee nominated, assigned, or appointed by writing tripartite indented, betweene the said E. H. his saide deputie or deputies, assignee or assignes on the one partie, and euery of the same person and persons which nowe bee, or hereafter shall bee nominated, assigned, or appointed by the said E. H. his deputy or assignees, [Page] or any of them of the other part, whereof euery part of the same Indentures shall be sealed and deliuered by the said parties. And the one part thereof shall be certified and deliuered vnto our said Soueraign Ladie the Queenes Court of T. to keepe a Tauerne or Tauernes, or to sell and vtter, ingrosse and retaile Wine and Wines, by the Gallon, or lesse or greater measure. And that all and euery the saide person and persons now nominated, assigned, or appointed, or which shall be nominated, assigned, or appointed, as is aforesaid, and euery or any of them, shall and lawfully may, during the naturall life of any and euery of the saide person and persons so nominated, appointed, or assigned, or which shall bee so nominated, assigned, or appointed, buy, sell, vtter, ingrosse, and retaile by the Gallon, or lesser or greater measure, all and euery good and wholsome Wine and Wines, of what nature, kinde, or name soeuer the same bee, in the Cities, Townes, or places, where he or they shall be so assigned or appointed, as is aboue mentioned, at his and their pleasure, and at, and for what price and prices whatsoeuer, to his and their most profite and commoditie. The Statute made in the vii. yere of the late King Edward the sixt, or any other lawe, statute, proclamation, restraints, limitation of price, or other thinges whatsoeuer, to the contrarie in any wise notwithstanding: with the further power, licence, libertie, and auethoritie of our saide Soueraigne Ladie, in the saide Letters Patents expressed, set foorth, and declared in euery behalfe, and to euery intent and purpose, and for the naturall liues of such person and persons, as so shall be licenced and aucthorized by the saide E. H. or his said deputie, assignee, or any of them, as by the purport, true intent, signification, and meaning of the saide writing tripartite Indented shall bee contained and mentioned to bee giuen and graunted vnto them by the said E. H. or his saide deputie or deputies, assignee or assignees, by vertue, force, and auethoritie of the same Letters Patents, as by the same Letters Patents more amply, fully, and at large appeareth. By auethoritie and vertue of which Letters Patents the saide E. H. by his writing of deputation, dated the third of May, in the xii. yeare aforesaide, remayning of Recorde inrolled in the Court of our saide Soueraigne Ladie in her Chancerie, hath constituted, ordained and made the saide R. E. his deputie and assignee, of, and for the execution of the same Letters Patents. In accomplishment and execution of which Letters Patents and deputation, and for, and in consideration of a summe of money concluded, agreed &c. by the said I. O. to the said E. H. the said R. E. as deputie [Page] and assignee of E. H. and for, and in the name of the said E. H. by force and auethoritie of the said Letters patents, doth by these presents nominate, assigne, and appoint the said I. O. his seruants, deputies, and assignees: And also by vertue of the said Letters patents, as deputie of the said E. H. doth giue and graunt full and free libertie, licence, power, and auethoritie vnto the said I. O. his seruants, deputies, and assignees, or any of them, to haue, vse, and keepe one Tauerne or Wine seller within the said Towne during his naturall life, aswell within his mansion house, as otherwise wythin the said Towne, and to buy, sell, vtter, ingrosse, by retaile, by the gallon, or lesse, or greater measure, all and euery good and wholsome Wine and Wines, of what nature, kind, or name soeuer the same shall be, at his and their pleasure, at these prices hereafter mencioned: that is to say, French wines, Gascoigne, Guien, Rochell, and such like, as shall not exceed the prices of xvi. pence the gallon, and all other Wines at two shillinges the gallon, saue onely Muskedell, which shall be at two shillinges eight pence the gallon, and not aboue: The said Statute, or any other Law, statute, proclamation, restraint, limitation of price, or other thing whatsoeuer to the contrarie in any wise notwithstanding. All which libertie, licence, power, & aucthorite, our said Soueraigne Ladie hath promised by the saide Letters patents, for her, her heires & successors, not onely that her Iustices, Barons of the Eschequer, Sergeants at Law, Atturney, and Solicitor generall, and other her learned Counsell in the Lawes of this Realme, shall and will at all time and times hereafter accept and allow in all and euery Court and Courtes of Recordes, and other places whatsoeuer, as a good and sufficient barre, release, and discharge against her, her heires and successors: But also the said Letters patents, or the inrolment thereof, and this Indenture tripartite beeing shewed forth, and certified into the said Court of Chauncerie, shall be a sufficient warrant, to, and for the said I. O. by himselfe, or iointly with others, hauing the like licence and dispensation from the Queene her heires and successors, to haue his or their Letters patents vnder the great Seale of England, in more and better due forme of Law to be had and made in his and their names, according to the purport and true meaning of these presents, And also the Lord Chauncellour, and Lord Keeper of the great Seale of England, and to euery of them for the time beeing, a sufficient and immediate warrant, to make, passe, and delyuer the same Letters [Page] patents vnto the said I. C. vnder the great Seale of England, without bearing or paying any other charges then only such ordinary fees for writing, examining, inrolling, and insealing of the same, both at the Signet, priuie Seale, and great Seale, as heretofore hath [...]in accustomed, so there be not aboue the number of x. persons in any our letters Patents, to whom the same shalbe made or graunted. Wherefore the said I. C. being now licenced to keepe a Tauerne, and to sell Wines, as aforesaid, doth most humbly require that he may haue the Queenes highnes letters Patents vnder the great Seal of Englād in due forme of Law to him to be made, rendred, and granted, according to the purport, tenor, & effect of this present licence, & according to the true intent and meaning of the said Letters patents before in these presents mentioned. In witnesse whereof aswell the said R. E. with the seale of the said E. H. by him deliuered, as his seale of office in this behalfe, as the said I. C. to euery part of the said Indentures, haue set their hands and seales, the day and yere abouesaid.

¶ A licence to purchase in Mortmaine.

REx omnibus ad quos praesentes literae peruenerint &c. Sciatis Sect. 556. quod nos de gratia nostra speciali, ac ex certa scientia & mero motu nr̄is, ac ob amorem quem erga dilectos nobis in Christo Priorem & Conu [...]tum de R. gerimus & habemus, concessimus & licentiam dedimus, ac per praesentes concedimus ac li [...] ̄tiam damus pro nobis & haered' nostris quantum in nobisest, praefat̄ Priori & Conuentui & eorū successor', qd' ipsi & successores de tempore in tēpus imposterum, quando eis melius videbitur expedire, terr̄, tenement̄, & redit̄ cum suis pertinen̄, ad annuum valorem cētum librarū vltr [...] repris. & one [...]a quaecunque vel infra, de quacunque persona siue de quibuscunque ꝑsonis ea eis dare, concedere, legare, assignare, vel alienare volenti seu volētibus, licet de nobis in capite vel aliter mediate vel immediate, aut de ipso Priorat̄ siue domo, vel de alijs ꝑsonis vel persona teneantur acquirere & recipere possint: Habend' & tenen [...]' sibi & successoribꝰ suis in domus suae augmentationem siue sustētationem. Et eidē personae siue eisdē ꝑsonis qd' ipsa vel ipsam terr', ten̄t̄, & redit̄ p̄dicta praedict' Priori & Conuētui & success. suis ad annuū valorem p̄dict' vel infra, dare, concedere, legare, assignare, vel alienare possint & valeāt, Ita semper qd' dicti Prior & Conuētus vel successores sui infra annū proxim̄ post hm̄di perquisitionem, acquisitionem, & receptionem terrarū & tenementorū praedictorum, [Page] ad dictum annuum valorem, vel ad aliquem alium infra eundem sibi & successoribus suis vt praemittitur, fact', dent, & concedant alicui ꝑsonae siue personis, & haered' suis, cui vel quibus eis placuerit terr̄ & ten̄t̄ ipsor̄ Prioris & Conuentus quae iam habent & possident in iure Priorat̄ sui praedicti tanti annualis valoris existent̄ vltra omnia onera & repris. quanti eadem terr̄ & ten̄t̄ sic per ipsos Priorem & Conuent̄ seu successor̄ suos adtunc vt praemit̄ perquisit̄ & recept̄ vltra omnia onera & repris. se attingant: Statuto de terris & tenement̄ ad manum mortuam non ponendis, aedito, siue aliquo alio statuto, actu, siue ordinatione inde in contrar̄ fact', ordinat̄, siue prouiso in aliquo nō obstante. Nolentes qd' praed' Prior & Conuentus vel successores sui, aut praed' personae, aut dicta persona vel haered' sui vel eor̄ aliqui pernos, vel haered' nostros, Iusticiar̄, Eschaetores, Vicecomites, Coronatores, aut alios Balliuosseu ministros nostros, seu dictor̄ haeredum nostrorum vel successorum nostror̄ quorumcunque, ratione praemissorum vel eor̄ alicuius molestentur, inquictentur, seu grauentur, nec corum aliquis molestetur nec in aliquo grauetur: Et hoc absque fine seu feodomagno vel paruo in hanaperio Cancellar̄ nostrae vel alibi, ad op [...]Punc [...] nostrum ꝓ praemissis, vel aliquo praemissorum soluend' vel faciend': Et absque aliqua inquisitione siue inquisitionibus inde, praetextu, vel virtute aliquarum commission̄ nr̄ar̄, haered' vel successorum nostrorum, seu alicuius breuis nostri haeredum vel successor̄ nostrorum in dictam Cancellariam nostram haeredum vel successorum nostrorum seu alibi retornand', & absque aliquibus alijs literis nostris haeredum vel successorū nr̄orum patentibus in hac parte habend', impetrand', seu prosequend': aliquo statuto, actu, ordinatione, prouisione, restrictione, siue mandato inde in contrariumante haec tempora fact' in p̄ senti minime fact' existit, aut aliqua alia, re, causa, vel materia quacunque in aliquo non obstantibus. In cuius rei testimon̄ &c.

¶ A Licence to sell Ale.

VV. K. and E. D. two Iustices of the peace of our Soueraigne Sect. 557. Ladie the Queene in the Countie of W. To all Bailifes, Constables, & other the Queenes Maiesties Officers, greeting in our Lord God euerlasting. Know yee that wee the saide W. K. and E. D. haue licensed, and by these presentes doe licence G. I. of &c. to sell Ale in his house at G. aforesaide, for one whole yere next insuing the date hereof: And haue bound him by Recognisance with suerties to the Queenes Maiesties vse, that they shall maintaine good rule, and [Page] not to vse any vnlawfull games or meetinges in his house, but to doe according to the statute prouided in that behalfe. In witnesse whereof wee haue subscribed our names, and hereunto haue put our seales the &c. In the xxxiiii. yere of &c.

¶ A Licence to keepe an Alehouse.

TO all Iustices of peace, Maiors, Shirifes, Bailifes, & all other Sect. 558. the Queenes Maiesties Officers and subiects to whome it may appertaine, I. W. by the sufferance of God Bishop of &c. R. and P. Esquires, two Iustices of the peace of our Soueraigne Lady the Q. Maiestie in her highnesse Countie of G. sendeth greeting in our Lord God euerlasting. Know ye, that we the said Iustices, of good and credible report to vs made, aswell by men of worship as by other honest persons, That I. W. of &c. is a man meete to keepe a common Alehouse in the house where he now dwelleth, haue licensed, allowed, and admitted, and by these presents do licence, allow, and admitte the saide I. W. to keepe a common Alehouse or Tipling house at M. aforesaid for one whole yere next ensuing the date hereof, so that the said I. W. suffer not any vnlawfull games to be vsed within his saide house, nor any euill rule or order to bee kept within the same during the time of the said licence, for the vsing of which licence accordingly, we doe you to wit, that wee haue bound the saide I. W. and two other sufficient suerties in a C. s. a peece by Recognisance to the Queenes Maiesties vse. In witnesse whereof &c.

¶ A Licence to Begge.

I. T. T. C. and I. I. Esquires, Iustices for the conseruation of the Sect. 559. peace of our Soueraigne Ladie the Queenes Maiestie within the Countie of &c. assigned, greeting: Whereas the bearer hereof M. N. of B. in the said Countie, being a very poore man and blind, by reason whereof he is not able to labor, nor yet to liue of himselfe without the charitable reliefe of others, and being now resident in the said towne is therefore now to be relieued. And being likewise informed that the said towne is at this present charged with more poore and impotent folkes then it is well able to relieue: Know ye therefore, that we the saide Iustices haue licenced and allowed the saide poore man and his leader to go abroad to beg, gather, and receiue the charitable almes of well disposed people, inhabiting within the hundred of &c. in the saide Countie, requiring you not to molest or trouble the saide poore man or his leader for so doing, but desiring you rather to relieue them in [Page] their necessity as to you shal seeme meete. This our licence to remain in force one whole yere next insuing the date hereof. In witnesse &c.

¶ A licence to begge out of the Towne where he dwelleth.

TO all Constables, Bailifs, Tythingmen, & al other the Queens Sect. 560. Maiesties Officers within the Countie of N. greeting. Know yee that we W. K. R. P. and T. H. Esq. three Iustices of the peace within the said Countie, being not onely aduertised, but also of our owne knowledge do partly vnderstand, that there are more impotent people abyding & inhabiting within the said borough of M. then the inhabitants of the same are well able to find & relieue: In consideration whereof, for the ease of the said Borough we haue aucthorized and licenced, & by these presents do licence I. O. one of the said poore folkes to go abroad out of the said Borough vnto G. and C. wythin &c. aforesaid, and there within the said parish to aske, beg, & craue the charitable almes and deuotion of the good and well disposed persons within the same Townes, from time to time towardes his aide, succour, & reliefe, so that he do not any thing hereby repugnant or contrarie to the Lawes and Statutes of this Realme in such cases late made and prouided. In witnesse &c.

¶ A licence to buy Hattes and Cappes beyond Seas, and to sell them in England.

RIght Reuerend father in God, right trusty, & right welbeloued, Sect. 561. we greet you well, letting you wit, That we of our speciall grace for certain considerations vs mouing, haue giuen & granted licence vnto our welbeloued subiect I. H. of our Citie of L. attending vpon our Court with haberdashery wares, that he by himself, his seruants, factors, or atturneis, denizens, or strangers, shall puruey & buy at one time, or diuers times, aswell within this our Realme, as in the partes of beyond the Sea, the number of 500. dozens of Caps, & the number of one hundred dozen of Hats, made & wrought in the said partes of beyond the Seas, of what making soeuer they be. And the said Hats & Caps to sell vnto vs & our seruants, and to other persons repairing to our said court, without any maner of penalty, forfe [...]ture, or any other losse to be had or sustained in that behalf: any act, statut, prouision, or ordinance made to the contrary notwithstanding. Prouided alwaies, that we be duely answered of our customes & duties for all the Caps and Hats as occasion is. Wherefore we will and commaund you, that vnder our priuie Seale being in your keeping, [Page] ye addresse hereupon our letters vnto our Chauncellor of England, commaunding him by the same, that vnder our great Seale being in his keeping, he do thereupon our Letters patents to be made in due and effectuall forme, and these our letters shall be herein your warrant. Giuen vnder our Signet at our manor of &c. the viii. day of December, the sixth yere of our Raigne.

¶ A Licence or Pasport.

SIr I. S. of R. within the county of O. knight, one of the Quéenes Sect. 562. Maiesties Iustices of peace within the said county, To all Iustices of Peace, Maiors, Bailifes, Constables, & all other her Maiesties officers & ministers whatsoeuer, sendeth greeting in our Lord God euerlasting. Forasmuch as the bearer hereof E. P. widow, being brought into great pouertie and necessitie, aswell by the late death of her husband, as otherwise, hath desired licence to trauel into the citie of B. whereas one E. P. porter and brother to her said husband inhabiteth, by whose goodnes she hopeth greatly to be relieued and holpen: In consideration wherof, know ye me the said sir I. S. to haue licenced the said H. P. to trauell and passe the direct way from H. within the Countie of F. whereas she lately dwelled, vnto the said citie of B. together with her two little children, so as her iourney be not of longer or further continuance then xx. daies next after the date hereof, praying you and euery of you to permit, & also to aide and relieue and assist the said E. in her iourney, so that she shew her selfe in no respect offensiue to her Maiesties Lawes. In witnesse &c.

¶ A licence to make a Parke within the libertie of a Forest.

REgina

omnibus ad quos &c. salutem.

Sciatis quod nos de gratia Sect. 563. nostra speciali, ac ex certa scientia &c. concessimus & licentiam dedimus, ac per praesentes pro nobis, haeredibꝰ, & successoribus nostris concedimus & licentiam damus dilecto nostro I. D. de D. in comitat̄ nostr̄ C. armig', quod ipse, haered', & assign̄ sui imperpetuū, habeant liberam warrenn̄ & libertat̄ parci, ac omnia quae ad liberam [...]arrenn̄ & libertat̄ parci spectant & pertinent in oibus dominicis ter [...] si is manerij sui de D. in dicto comit̄ nostro C. ac in oībus terr', prat̄, pastur̄, & hereditament̄ suis, cognit̄ per nomen vel ꝑ nomina de &c. licet terr̄ illae sint infra metasalicuiꝰ forestae vel chasiae nostrae: Ita qd' nullus custos, balliuus, nec aliquis alius officiar̄ nostrorū, haeredum, vel successorū nostrorū forestae nostr̄ de &c. in dicto comitatu [Page] nostro C. nec eorum deputatus, vel deputati, seruiēs, aut seruientes, vel aliqu [...]s alius, seu aliqui ali [...]intrent terr̄ illas ad aliquid fagand' vel capiend' qd' ad warrenn̄ & parcum pertineat, sine licentia & voluntate ipsius I. haered' & assignatorum suorū, sub forisfactura nobis decem librarum. Quare volumus & pro nobis, haeredibus, & successoribus nostris firmiter praecipimus, quod praedict' I. haered' & assignat̄ sui imperpetuum habeant liberam warrenn̄ & libertat̄ parci, in omnibus p̄dict' dominicis, terr', prat̄, pascuis, pasturis, & haereditament̄ suis in D. praedict', ac in eaeter̄ praemiss. licet teir' illae sint infra metas alicuius forestae vel chasiae nostrae: Ita quod nullus custos, balliuus, nec aliquis alius officiar̄ nostr̄ haeredum vel success. nostrorum forestae de &c. praedict' in dicto com̄ nostro C. nec eorū deputat̄ vel deputati, seruiens aut seruiētes, nec aliquis alius, vel aliqui alij intrent terr̄ p̄dict', aut aliquam inde parcell' ad fugand', c [...]piend', vel reducend' damas, lepores, cuniculos, phasianos, perdices, vel aliquid aliud quod ad warrennā & parcum pertineat sine licentia & voluntate ipsius I. haered' & assignatorū suorum, super forisfacturam decem xslibrarum. Ac vlterius de vberiore gratia nostra damus, & pro nobis, haered', & successoribus nostris concedimus praef. I. haeredibus & assignatis suis, quod ipse, haerod', & assignat̄ sui imperpetuū sint immunes & liberi. Et quod oīa & singula praemissa sunt & erunt immunia & libera ab omni iurisdictione, praescription̄, comptrollament̄, consuetudin̄, libertat̄, priuilegio, ingressu, venation̄, fugatione, &c.

¶ A licence to teach a Grammer Schoole.

T. By the permission of God Archbishop of Y. Primate and Metropolitane Sect. 564. of &c. To all true Christian people to whom these presents shall come to be seene, read, or heard, sendeth greeting in our Lord God euerlasting. Know ye, that we haue examined W. W. whom we find to be sufficiently instructed for his learning and knowledge of the Latin, Greeke, and Ebrew tongues, and likewise of good and honest behauior: Wherefore we haue admitted & aucthorized him to teach Schoole in any place throughout the whole Dioces of Y. requiring you so to take and accept him so long, as he shall honestly behaue himselfe, and vertuously educate and bring vp the youth of your parishes, or vnto such time as yee shal be otherwise commaunded, if by any occasion the matter shall so fall out. In witnesse whereof to these presents we haue caused the Seale which we [Page] do vse in this behalfe to be put. Giuen the xxv. day of Iune, Anno domini 1567.

¶ Licentia ad erigendam Scholam Grammaticalem & Cantus in R. cum appropriatione Ecclesia, & confirmatione Decani &c.

EDWARDVS Dei gratia Rex Angliae & Franciae, & Dominus Sect. 565. Hiberniae,

Omnibus ad quos praesens literae peruenerint, salutem.

Sciatis qd' nos de gratia nostra speciali, & ad humilem supplicationem Reuerēdissimi patris T. R. Ebor̄ Archiepiscop̄ Cancellar̄ nostri Angliae, pro quodam fine, seu quadam pecuniae summa nobis per eundem Archiepiscopū prae manibus solut̄, concessimus & licentiam dedimus, ac per praesentes concedimus, & damus licētiam pro nobis & haeredibus nostris quantum in nobis est, praef. Archiepiscopo, quod ipse (aut ipso defuncto) executores & assignat̄ sui, aut eorū aliquis vel aliqui, ad laudem honorē, & exaltationem gloriosissimi nominis Domini nostri Iesu Christi saluatoris nostri quoddam Collegium perpetuū, pro futuris perpetuis temporibus duratur̄, de vno Praeposito verbi Dei praedicatore, & duobus socijs, vno videlicet eorū Magistro siue idoneo informatore in Grammatica, altero vero instructore idoneo in Cantu, seu pluribus alijs socijs, si & prout prouentus & facultates eiusdē Collegii imposterum forsan ampliari, & ad id sufficere contigerint regend' & gubernand', iuxta ordinationem & constitutiones inde, ꝓut infrascribitur faciend' & ordinand', ad praedicand' verbum Dei in ꝑochia de R. in comitatu Ebor̄, ac alijs locis infra dioces. Ebor̄. Et ad informand' Scholares quoscunque, Grammatic' seu Cant̄ addiscere cupientes vndecun (que) in Regno Angliae, & praecipué de dioces. E ad p̄dictum Collegium se conferentes in regulis & institutis Grammatic' & Cantus gratis, absqué pecuniae aut alterius rei exactione: Necnon ad celebrandū & orandum imperpet [...]ū pro salubri statu nostro & Elizab. praedilectae consortis nr̄ae, ac charis [...]imi filij nostri primogeniti Edwardi Principis Walliae, caeterorum (que) liberorū nostrorū dum vixerimus, & special' dicti Archiepiscopi & benefactorū suorum dum vixerit, ac ad alia misericordiae & pietatis opera faciend' & exercend', iuxta ordinationē & constitutiones per memoratū Archiep̄m, aut executores & assignatos s [...]os p̄dicto [...], aut eorum aliquem in hac parte faciend' & ordinand', super quo [...]dam solū seu situm ipsius Thom̄ Archiepiscopi, iacensi [...] [Page] villa de R. praedict': Quod quidē solum continet in longitudine &c. Et in latitudine inter clausum &c. facere, fundare, erigere, creare, & stabilire possit & valeat, seu possint & valeant futuris temporibus duratur̄. Et quod Collegium illud cum sicfundatum, erectum, & stabilitum fuerit, Collegium Iesu de R. nuncupetur & appelletur imperpetuum. Quodque Praepositus & socij huiusmodi Collegij praedicti, & successores sui Praepositi & socij Collegij Iesu de R. imperpetuum vocentur & nuncupentur, sintque vnum corpus in re & nomine incorporat̄ atque perpetuam ha beant successionem: Necnon Sigillum commune proscriptis & literis facta & negotia eiusdem Collegij, atque ipsorum Praepositi & sociorum eiusdem concernent̄ consignandis & sigillandis. Et quod sint personae habiles & capaces in lege, per nomen & sub nomine Praepositi & sociorum Collegij Iesu de R. ad perquirendum & recipiendum terras & tenementa, reditus, seruitia, annuitates, decimas, oblationes, & alia quaecunque emolumenta, obuentiones, iura, & possessiones, tam temporalia, quam spiritualia cum pertinentijs de praefato Thom̄ Archiepiscopo, & de quacunque alia persona siue quibuscunque alijs personis, ea, sibi, vel successoribus suis, dare, legare, concedere, vel assignare, volenti vel volentibus. Habendum & tenendum sibi & successoribus suis Praepositis & socijs Collegij praedicti in feodo & perpetuitat̄. Ac etiam quod ijdem Praepositus & socij eiusdem Collegij pro tempore existent̄, per nomen & sub nomine Praepositi & sociorum Collegij de R. placitare possint & implacitari, ac prosequi omnimodas actiones reales, personales & mixtas, sectas, causas, quaerelas, & demanda cuiuscunque generis fuerint vel naturae, in quibuscunque curijs & locis, coram quibuscunque Iusticiarijs & Iudicibus spiritualibus vel temporalibus, seu alijs personis quibuscunque, ac in eisdem agere, defendere, respondere, necnon omnia alia facere & recipere, prout & codem modo quo caeteri ligei nostri personae habiles & capaces infra idem Regnum nostrum placitant & implacitantur, respondent & defenduntur, seu implacitare aut implacitari, respondere seu defendi debeant & tenent̄. Ac etiam de gratia nostra speciali concessimus, & licentiam dedimus atque concedimus, & licentiam damus per praesentes, pro nobis et haeredibus nostris quantum in nobis est praefato Thom̄ Archiepiscopo praedicto, quod ipse (aut ipso defuncto) executores et assignati sui, aut eorum aliquis, vel aliqui, postquam Collegium praedictum sit factum, fundatum, [Page] erectum & stabilitum fuerit, solum & scitum praedict' cum pertinentijs, ꝓut limitant̄, quae de nobis immediate non tenentur dare possit aut possint praefat̄ Praeposito & socijs Collegij antedicti, & successoribus suis: Habend' & tenend' sibi & successoribus suis Praepositis & socijs eiusd' Collegij imperpetuum, pro situ & constructione, ac primaria fundatione eiusdem Collegij, ac inhabitatione dictorum Praepositi & sociorum eiusdem Collegij & successorum suorum: Ac eisdem Praeposito & socijs, cum successoribus suis, qd' ipsi solum & fitū praedict', a praefat̄ Archiepiscopo, executoribus & assignatis suis, seu eorum aliquo recipere & tenere possint eis & successoribus suis praedictis vt praedictum est imperpetuum tenore praesentium licentiam damus specialem, absque aliquo fine & feodo pro praesentibus literis, vel alijs literis superinde conficiendis, ad opus nostrum vel haeredum nostror̄ capiend' seu soluend, seu faciend', Et absque aliqua inquisitione virtute alicuius breuis nostri de Ad quod dampnum, seu alicuius alterius-mandati nostri in hac parte cap [...]end' & prosequend', & abs (que) aliqua alia licentia nostra, seu alijs literis nostris patentibus eis in hac parte concedend' vel faciend': Statuto de terris & tenementis ad manum mortuam non ponendis, aut eo quod expressa mentio de vero valore annuo soli & situs praedictorum in praesentibus minime fact' existit aut aliquo alio statuto, actu, ordinatione, prouisione, seu restrictione in contrarium fact', aedita, & ordinata, aut aliqua alia re, causa, vel materia non obstante. Et vlterius de vberiori gratia nostra concessimus, & licentiam dedimus atque concedimus, & licentiam damus per praesentes, pro nobis & haeredibus nostris quantum in nobis est praefat̄ T. Archiepiscopo, ac executoribus & assignatis suis praedict', necnon alijs personis quibuscunque, quod ipsi & eorum aliqui vel aliquis aut aliqua, cum collegium praedict' sit factum, fundatum, & erectum fuerit, terras, tenementa, reditus, seruitia, annuites, & alias possessiones quascunque cum ꝑtin̄, ad valor̄ annuum centum Marcarum vltra repris licet ea de nobis seu haered' nr̄is, aut alijs ꝑ seruic' Militar̄, aut alio modo immediate teneantur in Capite, dare, legare, concedere, seu assignare possit & possint praefat̄ Praeposito & socijs Collegij antedicti & successoribus suis. Habend' & tenend' sibi & successoribus suis Praepositis & socijs eiusdem Collegij imperpetuū, ad sustentationem suam, & alijs pietatis opera, iuxta ordinationem & constitutiones, per ipsum Thomam Archiepiscopum, vel executores seu assignatos suos, aut eorum aliquem inde faciendam & [Page] ordinand', faciend', & supportand'. Et eisdem Praeposito & socijs, quod ipsi & successores sui praedict eadem terr [...], tenements, redii, seruio', annuitates, & possessiones supradict', ad annuū valotem praedict̄ vltra repr [...]s. á praefat T. Archiepiscopo aut executoribus suis, seu assignatis suis, & coeteris personis p̄dict', seu eorum aliquo vel aliquibus, aut aliqua perquirere & recipere possint. Habendū & tenend' eisdem Preposit̄ & socijs & successoribus suis imperpetuū, ad sustentationem suam, & alia pietatis opera vt praemittitur faciend' & supportand' imperpetuum. Similiter concedimus & licētiam damus specialem abs (que) impetitione, impedimento, perturbatione, seu grauamine nostri, vel haered' nostro [...] ̄, Iusticiar̄, Eschaetor̄, Vicecom̄, Coronat̄, Balliuorum, aut aliorū Officiariorum & Ministrorum nostrorum, vel dictorum baeredum nostrorū quorumcun (que), & absqué alio fine & feodo pro praesentibus literis, vel alijs literis superinde conficiend', ad opus nostrum, seu haered' nostrorum capiend', soluend', seu faciend', Et abs (que) aliqua inquisitione virtute alicuiꝰ breuis nostri de Ad quod dampnum, seu alicuius alterius mandati nostri in hac ꝑte capiend' & ꝓsequend', & absqué aliqua alia licentia nostra, seu alijs literis nostris patētibus eis in hac parte concedend' vel faciend': Statuto de terris & tenemētis ad manum mortuam non ponendis, aut eo quod expressa mentio de vero valore annuo terrarum, tenementorum, redituum, seruitiorū, annuitatum, & possessionum p̄dictorum, aut eorum alicuius in praesētibus minime fact' existit, aut aliquo alio statuto, actu, ordinatione, ꝓuisione, seu restrictione in contrar̄ fact̄, aedit̄, seu ordinat̄, aut aliqua alia re, causa, vel materia quacunque non obstante. Nos insuper vltra praemiss. de gratia nostra speciali, ad supplicationem predicti Archiepiseopi Cancellarij nostri, [...]d laudem & honorem gloriosissimi nominis domin̄ nostri Iesu Christi [...]Punc [...] concessimus, & licētiam dedimus, ac per praes [...] ̄tes concedimus & licentiam damus pro nobis & haeredibus nr̄is quantum in nobis est, praedict' Archiepiscopo, quod ipse (aut ipso defu [...]cto) executore [...] & assignati suī, aut eorū aliquis vel aliqui, postquam Collegiū p̄dict'. sic fundatum, erectum, & stabilitum fue [...]it, Ecclesiam p [...]rochialem de Laxton in comitatu N. suae dioces. ad praesentationem seu collationem suam spectant̄, cum suis iuribus & pertinen̄ quibuscunque, ac aduocationem eiusdē Ecclesiae laicali person̄ memorat̄ T. Archiepiscop̄ pertinent̄ & perquisit̄, licet de nobis immediate teneatur, dare, concedere, assignare, appropriare, vnire, & incorporare possit Praeposit̄ & socijs Colleg' p̄dict̄ & successoribus suis Praeposit̄ & socijs dicti Colleg': Habend' & tenend' eidem Praeposito & socijs & [Page] successoribus suis imper petuū ad proprios vs [...]s, ad sustentationem suam, & al [...]a pietatis opera, iuxta ordinationem & consti [...]utiones per ip̄m Thom̄ Archiepiscopum, vel executores seu assignato [...] fuos, aut eorum aliquem inde faciend' & ordinand', faciend' & supportand'. Ac eisdem Praeposito & socijs, & successoribus suis Praeposit̄ & socijs Collegij praedict', quod ipsi aduocationem & Ecclesiam praedict', cum suis iuribus & pertinentijs quibuscunque, a praefat̄ Archiepiscopo, executoribus & assignatis suis seu eorum aliquo re [...]ipere, & Ecclesiam illam appropriare, & [...] appropriat̄ in [...]ppries vsus [...]ehere possit ad suste ntationem suam, & ali [...] pietatis opera vt praemittitur faciend': Similiter tenore praesentium licentiam damus specialem abs (que) impetitione nostri, vel haeredū nostrorū, Iusticiar̄, Eschaetor̄, Vicecom̄, aut aliorū Balliuorum, seu Ministrorum nostrorum, vel haeredum nostrorum quorum cun (que). Et absqué fine seu feodo pro presentibus literis nostris, ad op [...] nostrū capiend' seu soluend', & abs (que) aliqua inquisitione virtute alicuius breuis nostri de Ad quod dampnum, seu alicuius alterius mandati nostri in hac parte capiend' vel ꝓsequend', & absque aliqua alia licenti [...] nostra, seu alijs literis nostris patētibns eis in hac parte concedend' vel faciend': Statuto de terris & tenemētis ad manum mortuam non ponendis, aut aliquo alio statuto, actu, ordinatione seu ꝓuisione inde in [...]ontrariū facta, aedit̄, seu ordinat̄, non obstante. Dum tamen dict' Eccles. parochialis de L. per idoneum Vicar̄ ibidē sufficient̄ dotat̄ vel dotand' deseruiat̄, ac quod competens pecuniae summa inter pauperes parochianos ibidem [...]nnuatim distribuatur. In cuius r̄ei testimonium has literas nostras fieri socimus p [...]tētes. Teste me ipso apud Westm̄ xxij. die [...]. anno Regni nostri xxij. In quorum omniumi & singulorum praemissorum fidem & [...]estimonium praesent̄ literas sigilli nr̄i appensione roborari fecimus atque communiri. Dat̄ in hospicio nostro i [...]xa Westmonaster̄ primo die Feb. Anno Domini 1482. Et nostrae translation [...] te [...]ib.

Et nos Rob. De [...]anus & Capitulū Ecclesiae Cathed' Deat̄ Petri Ebor̄, in domo nostra Capi [...]ular̄, vna cum praefat̄ Reuerendissimo patre de dict' fund', fundation̄, erection̄, creatione, statur̄, & ordination̄ solempnem & diligentem tractatum haben̄, prout defacto hab [...]mus, iuxta iuris exigētiam in hac parte requisit̄, ad praedict' fund', fundationem, erectionem & creationem: Necnon voluntat̄, statur̄, ordinationem, vocationem, n [...]ncupationem, appellationem, deputationem, institutionem, inductionem, inuestationem, mutationem, diminutionem, interpretationem, dationem, concessionem, assignationem [Page] reseruationem, praese [...]tationem, deuolutionem, admissionem, iurament̄, obligationem, praedicationem, c [...]lebrationem, decantationem, residenc', administrat onem, dispensationem, regimen, informationem, instructionem, exemptionem exclusion̄, limitationem, licenc', concessionem, & dationem: Ac decret̄ penes sequestrationem, excommunicationem, denunciationem, amotion̄, remotion̄, subrogationem, reseruationem, aeditionem, conditionem, emendationem, reformationem, mandat̄, approbationem: Insuper ratificationem, confirmationem, etiam obseruationem, arctationem, obligation̄, onerationem, & caetera praemissa omnia & singula per praefatum Reuerendissimum in Christo patrem Archiepiscop̄ Primatem & Legatum antedict', ac per cum, prout super recitantur fact' nostros aster sum & consensum express. praebemus: Ac eisdem omnibus voluntarie assentimus, praemissaque omnia & singula quatenus processerint, Rata & gtata habemus pariter & accepta, ac eadem omnia & singula quatenus ad nos attinet, & de iure possumus [...]t que debemus, ad omnem iuris & perpetuitatis effectum qui exin de sequi poteritaut debebit, pro perpetuo scienter & notorie & vnanimit̄ collaudamus approbamus, ratificamus, & confirmamus per praesentes. In quorum omnium fidem atque testimonium, sigillum nostrum commune praesentibus est appensum. Dat̄ Ebor̄ in domo nostra Capitulari vicesimo die mensis Iulij, Anno Domini 1584.

¶ A Petition to the Parliament for the erection and incorporation of a Schoole.

EDwardus sextus dei gratia Angliae, Franciae, & Hiberniae Rex, fidei Sect. 566. defensor, & in terra Anglicana Ecclesiae & Hiberniae supremum caput,

Omnibus ad quos praesentes literae peruenerint salutem.

Inspeximꝰ quoddam breue nostrum de Certiorand' I. M. Militi Clerico Parliament nostri direct', & in filat̄ Cancellar̄ nostrae residen̄ in baec verba. Edwardus sextus dei gratia Angliae, Franciae, & Hiberniae Rex, fidei defensor, & in terra Ecclesiae Anglicanae & Hibernicae suprem̄ caput, dilecto & fidelisuo I. M. Militi Clerico Parliamentorum suorum, vel eius deputato ibidem salutem. Volentes certis de causis certiorari super tenorem cuiusdam Actus in Parliamento nostro apud Westm̄ xxiij. die Ia. vltimo praeterito, & ibidem continuat̄ vsque ad quintum decimum diem Aprilis etiam vltim̄ praeterit̄, concernen̄ quendam actumin eodem Parliament̄ pro erectione liberae [Page] Scholae in P. in Comit̄ Ebor̄ nuper aedit̄: Vobis maudamus, quod tenorem actus praedict' nobis in Cancellar̄ nostra sub sigillo vestr̄ distincte & aperte mittatis, & hoc breue. Teste me ipso apud Westmonaster̄ primo die Iulij, Anno regni nostri sexto. Inspeximus etiam quendam actum Parliamenti, in Parliamento nostro apud Westm̄ tent̄, aedit̄, & in filatijs eiusdem Cancellar̄ similiter residen̄ in haec verba. In Parliamento inchoato & tento apud Westm̄ quarto die Nouemb. anno potentissimi Principis Edwardi sexti dei gratia Angliae, Franciae, & Hibernicae Regis fidei defensor̄, & in terro Ecclesiae Anglicanae & Hiberniae supremi capitis primo, Et per varias prorogationes continuat̄ vsque in xxiij. diem Ianu. anno quinto eiusdem domin̄ Regis, in quarta, viz. & vltima Sessione eiusdem Parliamenti, inter alia multa commun̄ omnium procerum & populi assensu sancit̄ & stabilit̄, & inactitat̄ fuit hoc praesens Statutum pro erectione liberae Scholae in P. in Com̄ E. ad verbum prout sequitur.

In most humble wise complaining sheweth vnto your most excellent Highnesse, your Orator and faithfull subiect T. D. of Greyes Inne: That whereas one I. D. deceased Doctor of the Lawes, for the zeale and loue that hee had to his Countrey, and to the education and bringing vp of youth in vertue and learning, gaue, graunted, confirmed, and assured certaine landes and tenements in the County of Y. of the cleere yearely value of fifteene pounds, aboue all charges and reprises, vnto the Master, Fellowes, and Schollers of S. Iohns Colledge in C. to haue and to holde to them and their successors for euer, to the intent, that they the saide Master, Fellowes, and Schollers, and their successors for euer, shoulde remaine and keepe in their Colledge fiue Schollers that had beene brought vp in the Grammer Schoole, freely erected by the saide I. D. in P. in your Graces Countie of Y. for euer, in such manner and forme, as is is contained in a deede of composition quadripartite Indented of the saide I. D. bearing date the first day of September, in the yeare of our Lorde God 1515. and in the seauenth yeare of the Raigne of the late king of famous memorie Henry the eight, beeing made to the saide Master, Fellowes, and Schollers, as more plainely doth and may appeare. And amongst the prouisions, graunts, articles, and agreementes of the saide composicion it is contained, That the Master, Wardens, and brethren of a certaine Fraternitie and Guild in P. aforesaide, founded there by the saide I. D. by the licence of the saide late King of famous memorie H. viii. shoulde alway when the said Schollers roomes, or any of them fortuned to be voide by death, [Page] resignation, forfaiture, or otherwise haue the election, nomination, and appointment of a Scholler, or so many Schollers as then might, or would supply the roome or roomes of the saide Schollers then being vacant or void in the said Colledge. And that the saide Masters, Fellowes, & Schollers of saint Iohns Colledge should alwaies giue knowledge vnto the Masters, Wardens, and Brethren of the saide Guilde, when any such auoydance should happen to fall by any the meanes aforesaide, within a certaine time appointed within the saide composition, as therein more plainely appeareth. And now most gracious Soueraigne L. by reason of the Statute made in the first yeare of your most noble raigne, for the dissolution of Chauntries, Colledges, free Chappels, Guildes, and Fraternities, although the meaning of the matters of the saide Statute was not to hurt, alter, or change any such good and godly foundations, made onely for the increase of learning, but rather to fortifie, augment and enlarge such godly foundations and ordinances: yet that notwithstanding, the said fraternity and Guild onely founded for the godly intentes aforesaid, by the saide Statute made for the dissolution of Chantries, Fraternities and Guildes, as is aforesaide, colourably vnder the pretence of Fraternitie supersticiously vsed, is no we dissolued and taken away, and by the meanes thereof the benefite and preferrement which the Schollers of the said free Schoole in P. aforesaide haue alwaies had sithence the said foundation made, is likely to be clearely gone and taken away, most contrary to the meaning and good intent of the saide godly ordinance & foundation. And yet the said Colledge of Saint I. at this day is possessed and seased of the said lands & tenements, giuen onely for the intents and purposes aforesaide, which thing is like to ensue to the great displeasure and losse of the inheritance of the saide Towne of P. and of all the Country there, vnlesse it shall please your Maiestie, that the said godly ordinance may bee perfited, recontinued and established by some good and godly deuise and ordinance. And whereas your said Orator is seised in his demeane as of fee, aswell of the Schoolehouse of the said free Schoole, as also of all the lands and tenements purchased by the saide I. D. Doctor of the Lawes for the maintenance of the saide free grammer Schoole, without any vse declared, And no other deuise as yet made for the more perfit continuance of the saide free grammer Schoole, so that if your saide subiect should chance to die, whereof he is most assured, it is not certaine that the said lands shalbe imployed vnto the vse & godly intent aforesaide, as heretofore they haue beene. May it therefore please your most excellent [Page] highnes, tenderly considering the premisses, that it may be enacted with the assent of the Lordes spirituall & temporall, & the commons in this present Parliament assembled, and by the authority of the same, in maner and forme following. First that it shall and may be lawfull vnto the said Master and Fellowes of the said Colledge of Saint I. in C. and their successors for euer, to nominate and appoint one discreete & well learned man to supply the roome of the Schoolemaster of the said free grammer Schoole. And that it shall be lawfull for the saide Schoolemaster, with the Churchwardens of the Parish Church of P. aforesaide, to nominate & appoint one sufficient learned yong man to be the vsher of the said free grammer Schoole. And that as often as the said Schoolemasters roome shall fortune to be void by death, resignation, or otherwise: that then it shall bee lawfull for the said Masters and Fellowes of S. I. Colledge. and their successors for euer, to nominate and appoint one discreet and well learned man, as is aforesaid, to supply the roome of the said Schoolmaster then being void. And in like maner & as often as it shall fortune the saide Vshers roome to be void by any the means aforesaid: that then it shall be lawfull for the said Schoolemaster & Churchwardens, & their successors for euer, to nominate & apoint one well and sufficiently learned yong man to supply the roome of the said vsher then being void. And that y^• said Master and Vsher for the time being for euer, shall by the authoritie of this present Parliament be incorporated by the name of Master and Vsher of the said free grammer Schoole of P. And that they and their successors, shall haue perpetuall succession in the same for euer. And that the said Schoolemaster & vsher of the saide free schoole of P. aforesaid for the time being, shall bee enabled by thauthority of this present Parliament, to receiue to them and their successors in perpetuitie for euer, of the gift and grant of the said T. D. or of any other person or persons, landes, tenements, annuities, and rents of the cleere yerely value of xx. l.. and not aboue, for the exercising and vsing of the said roome & roomes of the Schoolemaster & Vsher, of the said free grammer Schoole. And that the said Master, & Vsher, and either of them and their successors, and the successor of either of them, shall and may bee inabled by the authoritie aforesaid to sue and bee sued, to implead and to be impleaded, for any matter or cause concerning the said lands, tenements, annuities, and rents, or any parcell thereof, by the name of Master and Vsher of the saide free grammer Schoole in P. aforesaid. And that from henceforth as oftē as the said fiue Schollers roomes, or any of them within the said Colledge of Saint I. shal [Page] fortune to be void by any the meanes abouesaid: that then it shall and may be lawfull vnto the said Master of the said free Grammer Schoole in P. and his successors for euer &c. Nos autem tenores breuis & actus praedict̄, ad requisition̄ T. D. gen̄ de Greis Inne, duximus exemplificand' per praesentes. In cuius rei &c. Teste meip so apud Westm̄ 6. Iulij, Ann̄ regni nostri sexto.

¶ A Licence of alienation of landes holden in Capite.

ELizabeth Dei gratia &c.

Omnibus ad quos praesentes literae peruenerint

Sect. 567

salutem.

Sciatis quod nos de gratia nostra speciali, ae ꝓ tribus libris & x. s. nobis solut̄ in hanaperio nostro concessimus, ac licentiam dedimus, ac per p̄sentes concedimus, ac licentiam damus pro nobis & haeredibus nostris quantū in nobis est, dilecto nr̄o E. F. quod ipse totam medietat̄ manerij C. cum ꝑtinētijs, ac quadraginta mesuag', viginta cotag', quadraginta gardin̄, quinquagint̄ acr̄ terre, quadraginta acr̄ prati, trecent̄ acr̄ pastur̄, xxx. acr̄ bosci, trecent̄ acr̄ morae, & viginti libr̄ redit̄ cum pertin [...] ̄tijs in W. & alibi in comitatu nostro N. eidem medietat̄ pertinen̄ siue spectant̄, parcell' de reputat̄ aut accept̄ existen̄ per R. D. & I. F. quae de nobis tenentur in Capite, dare possit & concedere, alienare, vendere, barganizare, feoffare, warrantizare, aut cognoscere per finem in curia nr̄a coram Iusticiarijs nr̄is de communi banco, aut aliter, seu aliquo quocunque modo dilecto nobis E. Habend' & tenend' eidem E. haeredibus & assignatis suis de nobis & haeredibus nr̄is ꝑ seruitia inde debita & de iure consueta imperpetuum. Et eidem E. quod ipse medietat̄ manerij praedict', ac caeterorum praemissor̄ cum pertinen̄ a praefat̄ I. recipere possit, & tenere sibi, haered', & assignatis suis de nobis & haeredibus nostris per seruitia praedict' imperpetuum, sicut praedict' est, tenore praesentium similiter licentiam dedimꝰ ac damus specialem: Nolentes quod praed' I. aut haered' sui, vel praedict' E. haeredes vel assignat̄ sui praed', ratione praemissorum, per nos, haered', vel successor̄ nr̄os, Iusticiar̄, Eschaetor̄, Vicecom̄, Balliuos, aut alios Officiar̄ seu ministr̄ nostros haered', vel successorū nostrorū quous (que) inde occasionētur, molestentur, perturbentur, vexentur in aliquo, seu grauentur, aut corum aliquis occasionetur, molestetur, perturbetur, vexetur in aliquo seu grauetur. In cuius rei testimonium has literas nostras sieri fecimus patentes. Teste me ipsa apud Westmonast. vltimo die &c.

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¶ A Licence for Brokers or Badgers of Corne. Quinto die Aprilis, Anno Regni Eliz. Reginae xxxvj.

AT the generall Sessions of the peace holden at G. in the Countie Sect. 568. of S. the day & yeere aboue written, T. B. of F. in the countie aforesaid, is licenced and appointed by the Iustices of the peace of the said Countie to be a common Badger, Lader, Keedar, carrier, buyer, or transporter of all maner of Corne or Graine in any Market or Faire within the Realme of England: And the same so bought to conuert to meale, and the same to carrie to the Citie of London, or the suburbes of the same, or to any other Market or Faire, so that he vse and occupie the same, according to the tenor and true meaning of the estatute lately made in the v. yeere of the raigne of our Soueraigne Lord king Ed. the 6. against Regrators, Forestallers, & Ingrossers, and not otherwise. The same licence to haue continuance from the date hereof, vntill the next generall Sessions of the peace after the feast of E. next comming to be holden &c. In witnesse whereof the Iustices of the Peace of the said Countie, whereof thone is of the Q [...]orum, being present at the said generall Sessions, whose names be vnder written, haue signed and sealed this present Licence with their proper handes and seales, the day and yeere aboue written. Dated at G. the said 5. day of A. &c.

¶ A graunt of a Licence to transport Wooll.

REx omnibus ad quos &c. Salutem &c. Sciatis quod nos de gratia Sect. 569. nostra speciali, ac ex certa scientia & mero motu nostris, dedimus & concessimus, & per p̄sentes damus & concedimus dilecto subdit̄ nostro R F. licentiā, qd' ipse, assign̄, vel assignat̄ sui, factor siue factor̄ sui, possit siue possint portare & reportare quolibet anno durante termino sex annorū immediaté post dat̄ praesentiū, ducent̄ petr̄ lanae siue lanarū extra terr̄ nr̄am Hiberniae, ad aliquam portum siue crecam in regno nostro Anglie, ad libitum ipsius R. assign̄, vel assign̄ suorum, fact' siue factor̄ suorū, soluend' customas & alia on era inde nobis debit̄. Mandamus etiam omnibꝰ & singulis Maioribus, Balliuis, Vicecom̄, & alijs Officiar̄ & Ministris nostris quibuscunque, qd' ipsi, nec eorū aliq [...]is praedict̄ R. assign̄, siue assignatos suos, factor̄, siue factores suos, in aliq [...]o praemi [...]. impediant, molestent, nec grauent, contra formam literarum nostrarum: Eo quod &c.

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Warrants. ¶ A Warrant to pay money.

TO our trusty and welbeloued G. L. our receiuor Sect. 570. in our Lordships of C. and G. or to any other our Receiuors there for the time beeing greeting: Wee will and charge you, that of y^• profits & reuenues of our liuelyhood in your receit at the feast of Easter next cōming &c. without any longer delay, ye content and pay vnto our welbeloued W. N. x. l. of &c. which we owe vnto him for certaine stuffe, to our vse of him bought and retained, and for payment of the said summe, ye take for vs sufficient acquitance, which with these our letters shall be therefore to you sufficient warrant and discharge at your accompts then next to bee giuen afore our Auditors there for the time being, whome we will & charge to make you due allowance in this behalf, by these our letters, Giuen &c. tali die &c.

¶ A Warrant to pay annuitie.

VV. D. omnibus Receptoribus, Balliuis, firmarijs, praepositis, Sect. 571. ministris, & occupator̄ quibuscun (que), dominior̄ & manerior̄ meor̄ de N. & L. in com̄ E. qui nunc sunt, & qui pro tempore futur̄ erunt, Salur̄. Cum ego praef. W. nuper per scriptum meum, cuius dat̄ est primo die Maij, An̄ &c. ordinauerim, fecerim, & constituerim dilectum mihi in Christo C. M. Seneschall' meum, omniū praedict' dominio [...] ̄ & manerior̄ meor̄. Habend', tenend', & occupand' Officium praed' praef. C. per se, vel per sufficientem deputat̄ suum, vel sufficient̄ deputatos suos, quandiu se bene gesser̄ in eodem. Percipiend', annuatim pro officio suo p̄dict' exercend' & occupand' quatuor libras argenti, per manus Receptorum, Balliuorum, firmariorum, seu aiiorū officiarior̄ & ministrorum dominiorū & manerio [...]um meorū praed' pro tempore existentium, ad terminos S. Mich. arch. & P. per equ [...]les portiones, prout in scripto praed' plenius continetur. Vobis igitur omnibus & singulis Receptoribus, Balliuis, firmarijs, praepositis, seu alijs occupatoribus & ministris dictor̄ dn̄iorum & maneriorū meor̄ quibuscun (que) pro tempore existentibus, & in futur̄ existen̄, & cuilibet vestrum mando, one [...]o, & firmiter in iungo, qd' de tempore in tempꝰ soluatis, seu solu [...] faciatis, seu vnus vestrum soluat, seu solui faciat p̄fat̄ [Page] C. praed' quatuor libras ad terminos suprad', sine dilatione vlteriori, iuxta formam script̄ nostri praed' sibi inde confecti: Recipiend' inde de praef. C. vel de suo in hac parte deputato, acquietancias, singulas solutiones quas sic feceritis testificantes, & per praesens mandat̄ meū volo, qd' Auditores mei, vel Auditor meus dn̄iorum & maner̄ meor̄ p̄d', qui pro tempore fuer̄ vel sunt: Vobis & cuilibet vestrum in vestr̄ compotis, vel in vestr̄ compoto, de tēpore in tempus de solut̄ inde & qualibet inde ꝑcel faciant siue faciat allocationem. In cuius rei &c.

¶ A Warrant for a licence to elect a Bishop.

CHarissime consanguinee &c. supplicauer̄ nobis humilit̄ Decan̄ Sect. 572. & Capitul' ecclesiae nr̄ae cathedr̄ de N. vt cum sedes Ep̄alis infra Ecclesiam nr̄am Cathedralē praed', & ꝑ mortē naturalē piae memorie A. B. vltimi Episcopi eiusd', sit pastoris solatio destituta, alium in locum illius Episcopum & pastorem eligendi, facultatē, licentiam (que) nr̄am gratiose concedere dignaremur. Nos igitur eorum supplicationibus fauorabiliter inclinati, facultatē atque licentiam nr̄am huiusmodi duximus concedend'. Quocirca, vobis mandamus, qd' sub priuato sigill' nostr̄ in custodia vr̄a existente literas &c. Mandant̄, vt sub magno sigillo nr̄o in eius custodia existente, Ir̄as nr̄as patent̄ fieri fac' in hac ꝑte debitas, & in tali casu consuetas. Et hae literae nostr̄ae &c.

And ye shall vnderstand, that hereupon the Chancellor of England shal grant them the kings letters patēts of licence to proceed to their election. The forme whereof appeareth in the Register, with which letters patents of licence vnder the great Seale, shall be sent a letter missiue, containing the name of the person to be elected, as followeth.

¶ A Warrant for Royall assent.

CHarissime &c. Vacante nupersede Episcopali infra Ecclesiam Sect. 573. nostram Cathedral' de N. per mortem bonae memor̄ A. vltimi Episcopi [...]bidē, Decan̄ & Capit̄ eiusdem, facult̄ a nobis prius ꝑ ipsos ad alium eligend' in ipsor̄ Episcopum & pastorem petita pariter & obtenta, venerabilem & egregium virum C. D. in suum pastorem elegerunt & nominauer̄. Cui nos electioni & viro sic electo (humilibꝰ eorum interuenientibus supplicationibus) Regium nostrum adhibemus assensum pariter & fauorem, eundemq, electum apud vos commendatum habemus. Quocirca vobis mandamus &c.

And vppon this Warrant the Lorde Chancelor of England shall [Page] make the kings Letters patents of his royall assent, directed to the Metropolitane, to confirme and consecrate the Lord elected, or if ye will, the woords of the patent may be set foorth at length in the Warrant, that the king shall signe as followeth.

¶ The certificate of royall assent, for the election and consecration of a Bishop.

REx &c. Reuerendissimo in Christo patri &c. Salutem. Cum Sect. 574. vacauerit nuper ecclesia nr̄a Cathed' Sanct' A. W. per mortem bonae memoriae dn̄i I. C. eiusdē Ecclesiae dudum Episcopi, Decanus & Capitulū Ecclesiae nostr' praed', prius licentia a nobis per eos alium elegendi in eorū Episcopum & pastorem petita pariter & obtenta, venerabilem virum A. B. in ipsorū Episcopum & pastorem canonice eligerunt & nominauerunt, sicut per eorum literas quas vobis mittimus praesentibus inclusas plenius liquet. Vobis significamus, qd' dictae quidem electioni, & personae sic electae, humilibus eorū mediantibus supplicationibus, nostrum Regium adhibuimꝰ fauorem pariter & assensum. Et eundem electum apud vos recommēdatū habemus. Quocirca, vobis mandamꝰ, qd' caetera omnia quae ꝑ vos ad confirmationē & consecration̄ eiusd' in dicto Episcopatu fieri consueuerunt, secundū leges & statuta Regni nr̄i Angl', hac in ꝑte aedita & prouisa, cum fauore & diligentia facere velitis. In cuius &c.

If ye list to know further after what maner the Archbishops and Bishops be at this day chosen, nominated, presented, inuested, and consecrated to the dignitie and office of an Archbishop or Bishop, ye must read the Statute thereof made 25. H. 8.

¶ A Warrant dormant for Deere.

BE it knowen to all men by these presents, that we Sir E. S. Sect. 575. Earle of D. and Lord of S. haue giuen and graunted, & by these presents giue and graunt vnto our welbeloued I. H. and M. his wife, one Stag and two Buckes in Summer, and one Hind & two Does in Winter, yerely to be taken in two parkes of our Isle of A. or in the chase belonging to the same, of our gift, yeerely during their liues, and the longer liuer of them. And we licence & giue aucthorite and power to the said I. and M. and either of them during their liues, and the longer liuer of them, and their sufficient deputie, yeerely in the times of season & conuenient, to go into the said parkes or chase, calling the keeper or keepers thereof with them, there to hunt & kill the same Deere, & them to carrie away at their liberty and pleasure, with [Page] such conuenient number of persons as shell like them, for, and about the doing of the same: any act, statut, or other thing made to the contrarie notwithstanding. And further we will, that if the said I. and M. yerely sometimes will not come themselues, nor either of them for the same: then I will, that my keepers of the same parke or chase for the time being, vpon a bill signed with the hand of the said I. or M. concerning the same, shall kill and deliuer from yeere to yeere, to the bringer of the same letters, the said summer Decre, and winter Deere, without any restraint or gainsaying by them, or any of them, in any wise to be made or done. In witnesse &c.

¶ A warrant for a Bucke.

VVE will and charge you, that vnto K. M. citizen of the Citie Sect. 476. of L. or to the bringer hereof, ye deliuer, or cause to be deliuered, one Bucke of season, to be taken of our gift within our park of S. any restraint or other commaundement heretofore made to the contrary notwithstāding. And these letters shalbe vnto you a sufficient warrant & discharge in that behalfe. Giuen vnder our signet &c.

¶ A Warrant for the Peace.

RObertus Moore armig', vnus Iustic' dominae Reginae ad pacem Sect. 577. in Com̄ praedict' conseruand' assignat̄ Vic' Com̄ p̄dict': Necnon omnibus Balliuis, Constabular̄, & alijs dictae dn̄ae Reginae ministr̄ com̄ praedict' & eorum cuilibet salut̄. Quia I. T. de D. in com̄ p̄dict̄, coram me praestitit sacrament̄ corporal', ꝙ ipse de vita sua & mutulatione memborū s [...]orū, necnon de incendio domorū per T. I. de C. in com̄ praed' yeoman grauiter & manifesté comminat̄ existit. Ideo ex parte dict' dn̄ae Reginae vobis & cuilibet vestr̄ mando, qd' praef. T. L. coram me praef. Iustic' venire fac' seu vnus vestrum venire faciat ad inueniendū sufficient̄ securitat̄ pacis versus dict' dn̄am Reginam & cunctum populū suum, & praecipué versus praef. I. T. Et si hoc grat̄ facer̄ recusauer̄, tunc ipsum attachiet̄, seu vnus vestrū attachiet, & ad proxim̄ gaol' dictae dn̄ae Reg. in com̄ praed' ducend' &c. Nullatenus omittat̄ periculo incumbent̄. Dat̄ &c.

¶ A Warrant to arrest a fugitiue seruant.

R. C. seruiens ad legem, vnus Iusticiar̄ dn̄ae Reginae ad pacem, Sect. 578. necnon ad diuersas felonias, transgress. & alia malefact' in comitat̄ N. audiend' & terminand' assign̄, Balliuis hundred' de B. & T. H. Constabul' de M. in comitat̄ p̄dict' salutem. Quia E. L. retentus [Page] in seruic' I. T. de M. praed' sibi seruiend', secundū formam & effectū Statuti de seruientibus aedit̄, a seruitio I. T. sine causa rationabili & licentia ipsius I. T. recessit (vt dicit) ex parte domin̄ Regin̄ vobis & cuilibet vestr̄ praecipio, quod praef. E. L. ad praef. I. T. Magistrū suum deseruiend' deliberar̄ faciat̄. Et si hoc recusauer̄, tunc cum gaolae castri N. duci faciat̄ quousque &c. Ita quod [...]um habeatis cor̄ me & socijs meis Iustic' dictae domin̄ Reg. in comitatu praed' ad proxim̄ Sess. pacis ibidem tenend', ad faciend', & recipiend' ea quae ei tunc & ibidem in hac parte obijcient̄. Sigillo meo sigillat̄. Dat̄ &c.

¶ Warrantia ad capiend' Vagabund'.

R. C. de H. in comitatu N. vnus Iustic' dn̄ae Reginae ad pacē, necnon Sect. 579. ad diuers. felon̄, transgr̄, & alia malefact' in Com̄ praed' audiend' & terminād' assign̄ Vic' Com̄ hundred' de E. ac Constabular̄ villae de W. in com̄ praed', & eorū cuilibet salutem &c. Ex ꝑte dn̄ae Reginae vobis & cuilibet vestrum mando, qd' attachiet̄, sed vnus vestrum attachiet B. G. vagabund', non seruient̄ nec in seruitio alicuius retent̄ (vt dicit̄) & eum deseruire fac' J. G. secundum sormam & effectum Statut̄ de seruientibus aediti. Et si hoc facere noluer̄, aut haec facere recusauer̄, tunc [...] prox' gaolae dict' dn̄ae Reginae infra dict' com̄ duci faciat̄. Ita quod eum habeatis, seu vnus vestrū habeat coram me & socijs meis ad proxim̄ Session̄ ipsius dictae dn̄ae Reg. ad pacem in Com̄ praed' tenend', vna cum hoc mandato. Dat̄ &c.

¶ A warrant from Iustices of Oyer to returne a Iurie.

E. M. Miles & socij sui Iustic' dn̄i Regis ad inquirend' per sacrament̄ Sect. 580. ꝓbor̄ & legalium hoīm de Com̄ L. ac alijs vijs, modis & med' sicut melius sciunt aut potuer̄, tam infra libertates quam extra, per quos rei veritas melius sciri poterit, de quibuscun (que) murdris, felonijs, riot̄, rout̄, transgress. seu alijs maleficijs, necnon accessor̄ eorū per quoscun (que) & qualitercūque habit̄, fact', perpetrat̄, siue cōmissis, & per quos vel per quem, cui, vel quibus, quando, qualiter, & quomodo, & de alijs articulis & circumstanc' p̄miss. qualitercun (que) concernent̄ plenius veritat̄ dicend', & ad eadē murdr̄, felon̄, & alia praemiss. audiend' & determinand', secundūlegem & consuetud' huius regni Angliae, Vicecom̄ L. salutem, Ex parte dicti dn̄i Regis tibi praecipimꝰ, qd' non omittas ꝓpter aliquā libertat in balliua tua, quin venire fac' cor̄ nobis apud S. in com̄ L. &c. viz. x. die I. ꝓxim̄ futur̄ 24. ꝓbos & leg' hoīes de quolibet hund' in com̄ tuo, ad inquirēd' ꝓ dn̄o [Page] Rege de praemiss. &c. Et vlterius ad faciend' ea quae eis tunc & ibidem obijcientur &c. Et qd' tu & omnes balliui & ministri tui sint coram nobis, adtunc & ibidem ad officia vestra, & ea quae vobis adtunc & ibidē iniungentur &c. Dat̄ &c.

¶ A warrant to a Bailife to make a Repleuin.

ANthonius Vic' Montague, praenobilis ordinis Garterij Miles, ac Sect. 581. capital' Seneschal' hundred' de G. Ball' libertat̄ dn̄ae Reginae hundredi sui praed' salutē. Quia H. L. inuen̄ mihi pleg' de, psequend' quaerelam suam versus R. S. de placito captionis & iniuste detentionis bonorū & catallorum suorū, viz. xij. caract' ligni vocat̄ Fagots, necnon de returno habend', si return̄ inde adiudicetur: Ideo ex ꝑte dictae dn̄ae Reginae tibi mando, ꝙ bona & catalla praed' viz. xij. caract' ligni p̄f. H. L. replegiar̄ facias. Et pone ꝑ vadios & saluos pleg' praed' R. S. quod sit ad proximam curiam hundredi praed' tenend' &c. ad respondendū praef. H. L. de placito captionis & iniuste detentionis bonorū & catallorum suorum praed'. Et habeas ibi hoc praeceptum sub sigillo officij mei, quarto die &c. Anno &c.

Indentures. ¶ A couenant of a Prentic [...].

THis Indenture witnesseth, that T. S. the sonne of I. S. of S. Sect. 582. in the Countie of W. Marchant, hath put himselfe Apprentice with W. W. of S. aforesaid, in the Countie of W. Taylor, and after the maner of an Apprentice with him to dwell, from the feast of Christmas next comming after the date hereof, vnto the end and terme of vii. yeeres then next insuing, & fully to be complete. By all which said terme the said T. apprentice to the said W. as his Master, well and faithfully shal serue, his secrets shall keepe, his commaundements lawfull and honest euery where shall do, fornication in the house of his said Master nor without he shall not commit, hurt to his said Master he shall not do, nor consent to be done to the value of xii. d. by the yeere, or aboue, but he to his power shall let, or anone his Master warne, Tauernes of custome he shall not haunt, but if it be about his Masters businesse there to be done. At the dice, cardes, or any other vnlawful games he shal not play. The goods of his said Master inordinately he shal not wast, nor them to any man lend without his Masters licence. Matrimonie with any woman within the said terme he shall not contract, nor espouse, nor from his seruice neither [Page] by day nor by night shall absent or eloigne himselfe, but as a true and faithfull seruant ought to behaue himselfe, aswell in words as in deede. And the said W. vnto the said T. in the craft, misterie, and occupation the which he vseth, after the best maner that he can or may, shall teach and in forme, or cause to bee taught and informed, as much as therunto belongeth, or in any wise appertaineth, and in due maner to chastice him, finding vnto his said seruāt meat, drink, linnen, woollen, hose, shooes, and all manner thinges necessarie or belonging to a Prentice of such craft, to be found after the maner and custome of the Citie of L. In witnes &c.

¶ An Indenture for a Prentice.

HEc Indentura testatur, quod G. H. filius W. H. de comitatu D. Sect. 583. husbandman, posuit se ipsum apprenticium E. W. Ciui & Haberdash. ad artem suam qua vtitur erudiend', & secū mor̄ apprentic' sui commoratur̄ & deseruit̄ a festo omnium Sanctorum, anno Regni Regis H. 8. &c. vsque ad finem & termin̄ octo annorum extunc ꝓx. sequent̄ & plenarie complendor̄. Durante quo termino praed' G. p̄f. E. tanquā Magistr̄ suo bene & fideliter deseruiet, secreta sua celabit, p̄cepta sua licita & honesta, libent̄ vbi (que) faciet, damn̄ eid' Magistr̄ suo non faciet, nec ab alijs fieri sciet, ad valor̄ xii. denarior̄ ꝑ annū vel amplius, quin illud pro posse suo impediet, aut statim dict' Magistr̄ suū inde praemuniet, Bona dict' Magistri sui non deuastabit, nec ea alicui illicite accommodabit, fornication̄ in domibus dicti Magistr̄ sui nec extra non committet, Matrimon̄ non contrahet ad talos seu aliqua alia ioca illicit̄ non ludet, Tabernas non frequentabit, cum bonis suis ꝓprijs aut alienis durante dict' termin̄, sine licentia dicti Magistri sui non marchandizabit, a seruitio suo praed' non recedet, nec se elongabit, sed in omnibus tanquam bonus & fidel' aprēticius benign̄ se geret & habebit per dict' terminum. Et p̄d' E. p̄d' G. apprenticium suū in arte sua qua vtitur, meliori modo quo sciuerit aut poter̄, docebit, tractabit, & informabit vel faciet informar̄, debit̄ mod' castigand', inueniendoque omnia sibi necessaria, vt vestem, vestitum, linuto, laneū, calciamenta & lectum, suffici [...]t̄ per totum dict' termin̄. Et ad istas conuentiones omnes & singulas ex parte dicti apprenticij bene & fidelit̄ tenend' & ꝑimplend' in forma vt supra, idē apprentic' firmit̄ se obligat ꝑ p̄sent̄. In cuius rei testimon̄, ꝑtes p̄d' his indentur̄ sigilla sua alternatim apposuer̄. M. D. tunc Maior̄ ciuitatis Lond' R. H. H. S. tunc Vic' eiusdem ciuitat̄. Dat L. die et anno supradictis.

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¶ Letters to a Bishop by the King to grant an Aduowson.

RIght Reuerend father in God, right trusty & Sect. 584. right welbeloued, we greet you well. Wheras we be very desirous (for the honest qualities which we vnderstand to be in our welbeloued Chaplein A. B.) to see him furnished w^t cōueniēt liuing accordingly, we haue thought good to desire & pray you, that the rather for our sake, & at the contemplation of these our Letters you wil forthwith vnder your sufficiēt writing insealed, giue & grant to his behoofe, the next Aduowson of the Prebend or Parsonage of N. wherein ye shall deserue our right harty thanks &c.

¶ A Letter by the King to a Deane and Chapter.

TRusty and welbeloued, we greete you well, Being now the Bishopricke Sect. 585. of Hereford void by the translation of the right Reuerend father in God, our right trusty and right welbeloued Chancelor the late Bishop of the same, vnto the Bishopricke of L. Wee hauing respect vnto the honest qualities, vertue, & learning of our trusty and welbeloued Chaplein Master Doctor N. our Almoner, haue named & appointed him vnto the same Bishopricke: Wherefore we wil & command you, that forthwith vpon the receipt hereof, yee proceede to the election of him, according vnto the tenor and purpor [...] of our Lawes & Statutes in that behalfe made & prouided, and the same so elected, to certifie accordingly, And these our Letters shalbe your sufficiēt warrant & discharge in y^• behalf, Giuē vnder our Signet &c. the xvii. &c.

¶ The Kings letters missiue to a Deane and Chapter for an Aduowson.

TRustie and welbeloued, we greete you well. Forasmuch as wee Sect. 586. much tender the conuenient preferment of our welbeloued seruant A. B. to the intent he may bee the more incouraged, and also the more able to prosecute, & finally to accomplish the effect & purpose of his learning: We haue thought it meete by these our letters to desire and pray you, that for our sake yee will immediately vpon the sight hereof vnder your Chapter seale, conferre and giue the next auoidance of the prebend of C. or of the next prebend in that our Church, which [Page] shalbe in your gift and disposition, to such persons as our said seruant shall name to his vse and behoofe, wherein you shall minister vnto vs a right acceptable pleasure, to be hereafter remembred in any your lawful suits when occasion shall thereunto serue accordingly. Giuen vnder &c.

¶ Letters by the King to a Bishop, for collation of a benefice.

RIght reuerend father in God, right trustie, & right welbeloued, Sect. 587. we greete you well. And whereas we be credibly informed, that the benefice of N. is now void, and in your gift & collation, we much tendering the preferment of our welbeloued Chapleine A. B. desire and pray you, that for our sake, and vpon the sight of these our letters, ye will giue and conferre the said benefice vnto our said Chapleine, wherby ye shall doe vnto vs a great pleasure, which we shal not faile to remember when occasion shall be offered vnto the same accordingly. Giuen &c.

¶ A letter of collation betweene subiects.

IN my right hartie maner I commende me vnto you. Forasmuch Sect. 588. as I vnderstand, that the benefice of N. (which such a person now inioyeth, or which is now void) is of your gift and patronage. These shal be instantly to desire & pray you, that ye will vouchsafe to graunt me the next Aduowson thereof, for to bestow vpon such a one, as I shall thereunto present, (Or if the benefice be alreadie void, ye may write,) that ye will do so much as for my sake to present A. B. to the same, who is my verie louing friend, and such a person, as both for his learning and good maners is verie meete for the same: Which doing, ye shall do vnto me a speciall pleasure, & giue me cause to requite the same with thankes according. And of your resolute mind herein I pray you that I may be aduertised by the bringer hereof. Thus fare you hartily well. From London &c.

¶ A Presentation to a Parsonage.

REuerendo in christo patri W. diuina ꝑmissione C. & Lich. Episcopo, Sect. 589. F. C. armig' verus & indubitatus patronus Rectoriae Ecclaesiae paroch' de K. in comitatu D. salutem in dn̄o sempiternam &c. Ad Eccles. de K. p̄dict̄ vestr̄ dioces. modo per mortem H. C. vltimi incumbētis ibidem iam vacant̄, & ad meam p̄sentationē pleno iure spectant̄, dilectū mihi in christo W. W. cleric' vestrae paternitati praesento, hu [...]niliter rogans quatenꝰ p̄fat̄ W. ad dictā ecclesiā admittere [Page] ipsum (que) Rectorem eiusdē Ecclesiae institui & induci facere cum suis iuribus & pertinent̄ vniuersis, caetera (que) peragere & adimplere quae vestro in hac ꝑte incumbūt officio pastorali dignemini cum fauore. In cuius rei testimoniū p̄sentibus sigillum meum apposui. Dat̄ &c.

¶ A Presentation to an Archadeacon.

REx &c. Venerabili viro dn̄o W. R. Archidiacano R. eiusue in Sect. 590. absentia vicario in spiritualibus generali, salutem. Ad vicariam de L. vestrae iurisdictionis modo ꝑ mortem vltimi incumbētis ibidē vacātem, at (que) ad nr̄m donationem pleno iure spectan̄, dilect' capellanum nostrū A. B. clericum vobis praesentamus, requirentes quatenus praef. A. ad vicariam praedictā admittere, ipsumque vicarium in eadem instituere, cum omnibus suis iuribus & pertinen̄ vniuersis: Caeteraque &c. (vt supra) In cuius rei &c.

¶ Prebend in Windsor.

REx &c. Sciatis quod nos ex gratia nr̄a speciali &c. dedimus & Sect. 591. concessimus, ac tenore praesentium damus & concedimꝰ dilect' Capellano nostro A. B. sacrae theologiae bacchalario, (or if he be Doctor, professori) Canonicatum siue Praebendam infra ecclesiam nostrā Collegiat̄ siue liber̄ Capellam nr̄am Regiam Sancti Georgij infra castrum nostrū de Windsor, modo per &c. vacantem atque ad nostram donationem pleno iure spectant̄. Habend' & tenend' canonicatū siue praebendam praed' praef. A. B. durante vita eius naturali, cum omnibus suis iuribus & pertinen̄ vniuersis. In cuius rei &c.

¶ Presentation to a Prebend.

REx &c. Reuerendo in Christo patri W. Meneuensi Episcopo, Sect. 592. eiusué in abs [...] ̄tia vicario in spiritualibus generali, aut alicuicunque potestatem sufficientem ea in parte habenti, salutem. Ad canonicatum in Ecclaesia collegiata de N. vestrae diocesis & praebendam de C. in eadē, per liberam resignationē A. B. vltimi incumbentis & possessoris eorundē iam vacantem, & ad nr̄am donationem ratione praerogatiuae nostrae Regiae spectant̄, dilectum nobis in christo I. T. in artibus magistrū clericum, vobis praesentamus intuitu charitatis: Volentes & requirentes quatenus praef. I. ad dictum canonicatum & praebēdam admittere, ipsumque canomcū & praebendarium eorundem, ac in eisdem cum suis iuribus & pertinen̄ vniuersis rite & legitime instituere: Caeteraque &c. (vt supra) In cuius rei &c.

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¶ A Presentation to a Parsonage.

REx reuerendissimo in Christo patri & domino dn̄o E. permissione Sect. 593. diuina Ebor̄ Archiepiscopo Angl' primati, & Metropolitano, eiusue in absentia Vicario in rebus ecclesiasticis generali, sa [...]ut̄. Ad ecclesiam parochial' de N. vestrae diocesis modo per mort̄ vltimi incumbentis ibid' vacant, & ad nr̄am donation̄ pleno iure spectant̄, dilect' capellanum nostr̄ A. B. clericum intuitu charitatis vobis praesentamus. Mandantes vti dict' A. capellanum nr̄um ad p̄f. ecclesiam admittere eumque rectorem eiusd' instituere, cum suis iuribus & pertinentijs vniuersis, caeteraque expedire & peragere quae vestro in hac parte incumbent officio munerique pastorali, velitis cum fauore. In cuius rei &c.

¶ A presentation to a Chauntrie.

REx reuerēdissimo in Christo patri E. L. Episcopo, eiusue vicario Sect. 594. in spiritualibus generali, salutem, Ad cantariā beatae Mariae virginis, in ecclesia parochiali Sancti O. vestrae diocesis iam vacant̄ & ad nr̄am donation̄ spectantem, dilectum nobis in Christo I. H. clericum vobis praesentamus, rogantes quatenus ipsum I. ad cantariam praed' admittatis & instituatis in ead'. In cuius rei &c. Like forme of a presentation is of a Chappel, whether it be of the Kinges patronage, or of a subiect, Mutatis mutandis.

¶ A presentation to a Parsonage or Vicarage by a Mas̄ter of an Hospitall and his brethren, or by a Deane and Chapter, or such other.

REuerendo in Christo patri & domino, dn̄o N. ꝑmissione diuina, Sect. 595. C. & Lich. Episcopo, eiusue vicario in spiritualibus generali, vester humilis & deuot̄ frat̄ R. T. Magister hospitalis N. & eiusd [...] confratres, siue Decanus Collegij de N. & capitulū eiusdem &c. Lincoln̄ diocesis oīmodam reuerent̄ tanto pr̄i debitam, Ad perpetuam vicariam Ecclesiae parochialis de N. vestrae diocesis iam per mort̄ C. D. vltimi vicarij eiusd' vacantem, ad nostramque praesentationem pleno iure spectantem, dilect' nobis in Christo I. B. facrae theologiae professorem paternitati vestrae praesentamus, humiliter supplicantes, praef. I. ad dictam vi [...]ariam admittere, ipsumque in ead' canonice instituere, caeteraque &c. vt supra. In cuius &c.

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¶ A presentation to a parsonage post mortem incumbentis by a Deane.

REuerendo in Christo patri & domino W. diuin̄ ꝑmissione C. & Sect. 596. L. Episcopo eiusue vicar̄ in spiritualibus generali, vester humilis & deuot̄ W. W. sactae Theologiae bacchalarius Decan̄ eccl Cathedr̄ beatae M. verus & indubitat̄ patronus rector Ecclesiae paroch de B. in com̄ D. C. & L. dioc' omnimod' reuerenc' tanto patri debit̄. Ad eccl' parochial' de B. vestr̄ dioces. modo ꝑ mort̄vltimi incumbentis eius [...]' vacant̄, & ad meam praesentationē pleno iure spectant̄, dilectum nobrs in Christo T. P. clericum paternitati vestrae praesento, humilit̄ supplicans vt praef. T. P. ad dictam ecclesiam &c. vt supra. In cuius &c.

¶ A grant of an Aduowson.

OMnibus Christi fidelibus &c. R. S. Salutem &c. Cum T. B. ꝑ scriptum Sect. 597. suū geren̄ dat̄ xviij. die S. Anno dn̄i 1556. annif (que) Regnor̄ &c. dederit, concesserit, & scripto illo confirmauerit G. B. & M. W. cleric', primam & proximam aduocationem, donationem, nominationem, praesentationem, & liberam dispositionem Rectoriae siue ecclesiae parochial' de G. in comitatu N. pro prim̄ & vnica vice tantum, quae de suo patronatu extitisset (prout per idem scriptum plenius liquet & apparet.) Cumque p̄d' G. B. & M. W. tam ad specialem instantiam, requisition̄, & desiderium E. B. sacrae theologiae Doctoris, quā pro diuersis alijs bonis & rationabilibus causis & considerationibus eos specialit̄ mouentibus per scriptum suum geren̄ dat primo die [...]an̄ an̄ dn̄i 1563. anno regni &c. dederunt, concesser̄, & ꝑ script̄ suum confirmauerūt E. B. executor̄ vel assign̄ suis dictam primam & proximam aduocationem, donationē, praesentationem, & liber̄ dispo [...] ̄tionem dict' Rector̄ ecclesiae parochialis de G. in com̄ N. pro prima & vnica vice tantum (prout per idem scriptum plenius liquet & apparet.) Cumque idem E. B. pro diuersis causis & considerationibus eum specialiter mouentibus, perscriptum suum gerens dat̄ vicesimo primo die S. anno dn̄i 1563. anno regni Reg. &c. dederit, concesserit, & scripto illo confirmauerit mihi p̄f. R. S. executor̄ & assignatis meis eandem primam & proximam aduocationem, nomination̄, praesentationem, & liberam dispositionem eiusdē Rector̄ eccles. parochialis de G. in dicto Comitatu N. pro prima & vnica vicetantum (prout per scriptum illud plenius liquet & apparet.) Sciatis n [...]e praefatū R. S pro diuersis bonis causis & considerationibus me specialit̄ [Page] mouentibus, dedisse, concessisse, & hoc p̄senti scripto meo cōfirmasse A. M. praed' primam & proxim̄ aduocation̄ siue vacation̄, ac plenam donation̄, collation̄, nomination̄, praesentation̄, & l [...]beram disposition̄ dict' Rector̄ siue ecclesiae parochial' de G. in dicto com̄ W. cum primo & prox. post dat̄ p̄sentium vacare contigerit, ac ius praesentandi ad eand' Rector̄ siue ecclesiam parochial' qualitercunque, siue per mortem, resignationem, cessionem, dimission̄ seu aliquo alio modo quocunque primo & proxim̄ vacare contingen̄ pro prima & vnica vice tantum. Ita qd' bene liceat & licit̄ erit praef. A. M. execut & assign̄ suis cum dicta Rectoria (sic vt praemittitur) vacare contigerit, personam idoneam quam ei aut eorum alicui placuerit, ad dictam Rectoriam loci ordinario siue Diocesano nominare & praesentare, eumque in ead' institui facere, caeteraque omnia facere & perimplere in ea ꝑte requisit̄ necess. & consuet̄, quousque virtute praesentationis illius vnꝰ ad p̄sentation̄ ipsius A. M. execut̄ vel assign̄ suor̄, ad plenam & pacificam possession̄ praed' Rector̄ siue Ecclesiae parochial' fuerit admissus, institutus, & inductus, in tam amplis modo & forma, prout ego praef. R. S. potui vel executor̄ siue assignat̄ mei potuer̄, si haec praesens concessio non fuerit. In cuius rei &c.

¶ Notes touching Presentations.

IF a Church be void by resignation, then ye shall say. Sect. 598. Modo per liberam et spontaneam resignationem A. B. vltimi Incumbentis eiusdem, vacant̄ &c.

If by attainder, then thus.

Per attiucturam A. B. vltimi incumbentis ibidem, qui de alta ꝓditrone nup er attinctus fuit vacant̄. Et sic de consimilibus.

Also ye shall vnderstand, that the Kings Maiestie hath as the case requireth, sundry Titles to present, for sometime he presenteth by his Prerogatiue Royall, and then ye shall say.

Et ad nostram donation̄, ratione praerogatiuae nostrae Regiae spectantem &c.

Sometime by reason that the Temporalities of a Bishopricke bee in his hands, and then ye shall say.

Ratione temporalium Episcopatus N. in manibus nostris existentium.

Sometime his Grace presenteth by the graunt of an Aduowson of another man, and then ye shall say.

Ratione concessionis A. B. cum idem A. primam et proximam aduocationem eiusd' nobis largitus est &c.

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And if the manor whereunto thaduowson is appendant be parcell of the Duchie of Lancaster, then ye shall say.

Et ad nostram donationem ratione Ducatus nostri Lancastr̄ spectant̄ &c. Et sic de reliquis.

In a presentation by this worde Eccles. parochial', is intended alwaies a Parsonage: Howbeit nowe a daies many bee wont to write, Ad Rectoriam Ecclesiae parochialis de N. But if the presentation be to a Vicarage, then may yee not say, ad Eccles. but ad Vicariam, And the presentment to a Vicarage appertaineth of common right to the Parson, for the Vicar in effect is but the Parsons deputie: Howbeit the Parson with assent of his Patron and ordinary may grant away the patronage of the Vicarage from him and his successors to another man and his heires or successors for euer. Sometime one man hath the nomination to a benefice, and another the presentation: In which case hee that hath the presentation can present no other person to the Ordinary, but such as the other man shall name by his sufficient writing vnder seale. Also the King shall ioyne with no man in presentment, but shall haue the whole presentment alone in all cases.

And if the King be intituled by reason of the custody of his warde, then ye shall say: Et ad nostram donationem ratione custod' terrae & haeredis eiusdem Comitis de A. defuncti, & qui de nobis tenuit in capite, & in manu nostra existentis, spectant̄ &c.

And if the King be intituled by reason of the temporalties and possessions of an Archbishopricke or Bishopricke, being in time of vacation in his handes, then yee shall say in the presentation: Et quae ad nostram spectat donation̄ ratione Episcopat̄ Cantuar̄iam vacant̄, & in manu nostra existent̄: Or, ratione vacat [...]onis sedis Cant̄ & temporalium eiusd', iam de iure & facto vacant̄, & in manibus nostris existentium &c.

Finally, concerning Chauntries, Free chappels, and Prebends, yee shall obserue and know, that some be presentatiue, and some donatiue. Presentatiues, be of such nature, that ye cannot conferre them but by way of presentation to the Ordinarie, the forme whereof is set foorth before. But Chauntries, free Chappels, and Prebends donariue be of that nature, that yee neede not to present the person to whom yee will confer the same, to the Ordinarie, but it sufficeth to giue the same by your charter of grant vnder your seale: The forme whereof insueth hereafter. But take heede ye present not your Clerk to the Ordinarie vnto that which is donatiue by your letters Patentes, for if you doe, the nature is changed, and you can no more make collation of it, but [Page] you must needes now present your Clerke to the Ordinarie, which if you do not within sixe Monethes, the Ordinarie may take aduantage of the Laps.

¶ A Presentation sede vacante.

HEnricus &c. & in terra Ecclesiae Anglicanae & Hibernicae supremū Sect. 599. caput, ac verus & indubitatus patronus Rectoriae siue Ecclesiae parochialis de N. in com̄ nostro S. B. & W. dioces. ipsa sede B. & W. iam vacante, Reuerēdissimo in christo patri T. Cant̄ archiep̄ totius Angl' primati, eiusue in absentia vacario dict' sedis in spiritualibus generali, salutem. Ad dictam Rectoriam siue Ecclesiam parochialem de N. modo vacantem per mortem &c.

¶ A Significauit to the Metropolitane vpon a new foundation of a Bishopricke.

REx Reuerendifs. &c. Cum nos nouam sedem Episcopalē infra Sect. 600. Ecclesiam nostrā Cathedralem Sanct' P. W. nuper fundauerimus & erexerimus, ac dilect' consiliariū nr̄m T. T. ad Episcop̄ ill' nominauerimus & p̄fecerimus, ipsum (que) in Ep̄um loci illius & pastorē ordinauerimus, & constituerimus, hoc vobis tenore praesentiū duximus significandū, Rogantes, ac in fide & dilectione, quibus nobis tenemini firmiter vobis mandātes, quatenus p̄fatum T. T. in Episcopatum W. consecrare, ipsum (que), prout moris est, Episcopalibus insignijs inuestire, caeteraque &c. (vt supra) In cuius rei testimon̄ &c.

Resignations.

¶ A Resignation of a Benefice.

THis Indenture made &c. Betweene S. late Parson of the parish Sect. 601. Church & Parsonage of P. in the Countie of C. and in the diocesse of E. on the one partie, and I. B. aforesaid Priest on the other partie, Witnesseth, That where the said S. at the instance of the said I. hath resigned his said Parish Church and Parsonage into the Ordinaries hands of the same, to the intēt that the said Ordinarie shal institute & induct the said I. Parson of the said parish church & Parsonage, wherupon it is couenanted & concluded, & fully agreed betweene the said parties, & either of them couenanteth and granteth, to, & with the other of them by this Indenture, in maner & forme following, that is to wit, the said I. for him &c. that y^• same I. at such time after he shalbe lawfully instituted & inducted Parson of the [Page] said parish Church and Parsonage, shall make or cause to be made to the said S. such a good, sure, sufficient, and a lawfull bond, as shall be reasonably aduised or deuised by the said S. or his learned counsel, for the assurance, suertie, and sure payment of an annuall pencion of v. li. &c. to be paied to the said S. or his assignes, vpon the font stone in the bodie of the Cathedrall Church of saint P. in L. at two termes of the yeare: that is to wit, on the day of &c. and from yeare to yeare, one after an other, then next and immediatly following, during the lyfe naturall of the said S. the first terme of payment thereof to begin on the day of All Saints now next comming. And also that the said I. and his executors, at all and euery time and times hereafter, shall cleerely acquite, discharge, & saue harmelesse the said S. and his executors, and euery of them, aswell against the Queene our Soueraigne Ladie, as against all and euery other person or persons, of, and for all maner of Dismes, Subsidies, Tares, and Tallages, and all other charges whatsoeuer they be, going & due to be paied and borne out, of, and for the said benefice. And furthermore, the said I. couenanteth and granteth, to and with the said S. by these presents, that the same I. within x. daies next and immediatly after that he shal be so instituted & inducted, shal by his deed sufficient in the law, cleerely remit and release vnto the said S. all, and all maner actions, suites, quarrels, debts, debates, accompts, trespasses, iniuries, and demands, whatsoeuer they be, which against the said S. and his executors euer he hath had, now hath, or hereafter shall haue, aswell by reason of dilapidations of the said Church & Parsonage, as by any other reason or cause from the beginning of the world vnto the day of the date of the said letters of acquitance. And furthermore, the said I. for him &c. that the said I. or his assignes, before the feast of &c. shal deliuer or cause to be deliuered to the said S. or his assignes, a good, sure, sufficient, & a lawful decree, vnder the Seale of the said Ordinarie, wherby or wherewith the said parish Church shall stand and be sufficiently charged and bound for the assurance and sure payment of the said yeerely pencion of v. li. &c. to be paied by the said S. or his assignes, during the life naturall of the said S. after the forme abouesaid. And also the said I. couenanteth &c. that in case one T. H. one of the Patrons of the said benefice, his heires, or assignes, do not seale the presentation, whereby the said I. should be presented Parson of the said parish Church and Parsonage: that then the said S. shalbe restored againe to his said benefice without any let, gainsaying, or interruption of the said I. or any other person or persons, by, or for him: the [Page] foresaid resignatiō, or any other couenant aboue specified, to the contrary in any wise notwithstanding. And the said S. for him &c. that if the said I. well and truely performe, obserue and keepe, all and euery the couenants, grants, promises, and paiments abouesaid, which on his part are to be performed, obserued, fulfilled and kept, in manner and forme aboue rehersed: that then an obligation of the date of these presents, wherein the said I. and one W. B. bee iointly bound to the said Simon in CC. Markes &c. shall be voyde and had for nought, or els it shall stand in full strength and vertue. In witnesse &c.

¶ A Presentation to a Parsonage void by Resignation.

REuerendo in Christo patri & domino, domin̄ E. permissione diuina Sect. 602. L. Episcopo, eiusque in spiritualibus Vicario generali Cancel' vester humilis & deuot̄ W. M. custos R. C. filij & haeredis R. C. Necnon custos manerij de H. cum pertinen̄, omnimodas reuerentias & obedientias tanto patri debitas cum honore: Ad medietat̄ Ecclesiae paroch' de H. quam nuper obtinuit Magister I. V. in ead' Eccles. parochiali vestrae L. dioces. ac per liberam resignation̄ eiusd' Magistri I. V. vacantē, & ad meam praesentac' ratione minoris aetatis p̄d' R. C. spectant̄, dilectum mihi in Christo Mr̄m T. H. in legibus Bacchalaureum paternitati vr̄ae reuerendae charitatis intuitu praesento, humīl' & deuote supplicans quatenus eund' Mr̄m T. H. ad medietat̄ antedict' admittere ipsumque rectorem in eadem cum suis iuribꝰ & pertinen̄ vniuersis canonice instituere, Caeteraque &c.

Copies of Court Roll.

What a Copiholder is.

TEnant by Copy of Court Roll, is he which is Sect. 603. admitted tenant of any landes or tenements within a Manor, that time out of the memorie of man, by the vse and custome of the said Manor haue beene dimiseable & demised to such as will take the same in fee, fee taile, for life, yeres, or at will, according to the custom of the said Manor by Copy of Court Roll of the same Manor. And therefore they be called Tenants by Copy of Court Roll, because they haue no other Writings or Euidence concerning such their lands and tenements, but onely the Copies of the [Page] Rolls of the Courts of the Maners, within which they lie. And in auncient time, as Master Fitzherbert sayth in his Natura breuium fol. 12. C. they were called Tenants in villenage, or in base tenure, or by Virge. And in the Saxons time before the Conquest, such lands were called Folk [...]sland: At which time Charter lāds were termed Bockland, Master Kitchin fol. 128. b. And Copies of Court Rolls be such Instruments as doe containe the Surrenders, Presentations, Admittances, or other actes entred in the Rolles of the Court, within which such Customarie lands lie and concerne the estates thereof and be exemplified out of the same Rolls in forme following, videlicet.

Curia parua praenobilis G. Comitis Salop̄ &c. Manerij sui Sheffeld praed', tent̄ ibidem x. die Septemb. Anno Regni dominae nostrae Elizabethae dei gratia Angliae, Franciae, & Hibern̄ Reginae fidei defensor̄ &c. xxxvj. The like Stile must be in the head of all Copies.

AD hanc Curiam ven̄ A. de B. & sursumredd' in eadem Cur̄ vnū Sect. 604. mesuagium &c. in manus domini, ad vsum C. de D. & haered' suorum, vel haered' de corpore suo exeunt̄ (vel) pro termino vitae suae &c. Et super hoc venit praedict' C. de D. & caepit de domino in eadē Cur̄ mesuag' praed' &c. Habend' & tenend' sibi & haered' sui [...] (vel) sibi & haered' de corpore suo exeunt̄ (vel) sibiad terminum vitae &c. ad voluntatem domini, secundum consuet̄ manerij praedict': Faciend' & reddend' inde redd', seruitia, & consuetudin̄ inde prius debita, & de iure consuet̄ &c. Et dat domino de fine &c. Et fecit dn̄o fidelitatem. Et admissus est inde tenes &c.

¶ Instructions for the making of Surrenders and Copies.

FIrst Note, that all the customes, fines, rents, and seruices, which Sect. 605. Copyholders ought to do, be certainely set down in their Copies. And that the lands be certainely bounded. And in like maner of all Mines of Lead, Ore, Tinne, Iron, stone, coales, and quarries, & such like, and all intakes, inclosures, and improuements.

If the party admitted tenant be within age, his fealty must be respited till he be of the full age of xxi. yeares, and so entred in the Roll and Copy.

Such estate, agreements, couenants, and conditions, may be made of Copyhold lands, by Copie, as are made of Charter lands by deede Mutatis mutandis.

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If the old Copies chance to be lost, or destroyed, the Steward may make new according to the auncient Court Rolles.

Surrenders may be made in Court, And by the Customes of diuers Seigniories, the same may be made out of the Court to the Steward, Baylife, or Reeue of the manor, or to one, two, or more Copyholders of the same manor, or before two honest men of the same Seigniorie, and then the same must be presented at the next Court, or some other Court of the same manor, as the custome thereof is.

By the custome of some Manors, Surrenders, and admittances of Copyholders may be made by Atturney, by vertue of Letters of Atturney.

In some Manors, the tenants haue their lands graunted vnto them, and their heires, in fee, fee taile, or for life, or yeares, according to the custome of the Manor, And not at the will of the Lord, according to the custome: In which case the Rolles and Copies ought to be made accordingly.

Within some Mannors the Copies haue vsed to be sealed with the Seale of the Steward: And in some not.

In euery case, the Custome of the manors must be diligently inquired of, and duely obserued by such as make Surrenders and Copies.

It is verie good to haue in euery seuerall Manor a Customarie faire ingrossed in parchmēt, of all the customes, fines, duties, estates, and seruices, & other circumstances concerning the Copyhold lands within the same Manor.

Item such estates in fee, fee taile, for life, or liues, yeres, or at wil, absolute or condicional, may be limitted aswel by Copie, as by Charter, Mutatis mutandis.

Item the Names and Additions of persons and Lands, and other circumstances of time and place may be so set downe in Copies, as in Charters: Mutatis mutandis, And the same to be agreed to, by all the Customarie tenants of the same Manor, with the assent of the Lord of the Manor, and to be presented by the Homage vpon their othes, and entred into the Rolles of the Court thereof, for the certain information of the Lord, and his tenants, or that ought to be giuen, taken, done, or demaunded for the same.

Item the same reseruations of rents, customes, seruices, heriots, disseisins, reentries, and other things, may be contayned in the Copies, as they be in Charters: Mutatis mutandis.

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¶ A Copie where the heire is admitted.

AD hanc Curiam compertū est per homagium, quod ante hane Sect. 606. curiam I. B. qui de dn̄o tenuit secūdum consuetudinem manerij praed' sibi & haered' suis, vnū tenement̄ vocat̄ E. obijt inde seisitus, & quod R. B. est eius filius & prox' haeres, & plenae aetatistēpore mortis patris sui, (vel infra aetatem, viz. xij. annorum, & in custodia &c. fratris sui vel consanguine [...] eius) & praesens in hac curia, petit admitti, & admis [...]us est inde tenens. Tenend' &c.

¶ A Copie of an admittance in fee.

AD hanc Cur' venit I. T. & sursumredd' in manus dn̄i decem acr̄ tert' Sect. 607. customar̄, ad opus & vsum R. B. gen̄, haered' & assignat̄ suorū imperpetuū per virgam ad voluntatē dn̄i secundū consuetudinem man̄ij p̄dict̄, cui quidē R. B. dominus per Senescha' suū concessit inde seisinam: Habend' sibi & haeredibus suis imperpetuū de dn̄o, per redd' x. s. per annum. Et alia &c. Et dat &c. Et fecit &c.

¶ A Surrender vpon condition.

AD hanc Curiā &c. venit I. C. & sursum reddidit &c. (vt supra) Sect. 608. ad opus & vsum I. D. et haered' suorū &c. sub conditionibus sequent̄, viz. si praedict' I. soluat, aut solui faciat praef. I. C. xl. s. ad festum Sancti Ioh. Bap. & oīum Sanctor̄ ꝓximo futur̄ post datū huius curiae aequis porcionibus, quod tunc p̄sens sursumredditio sit in suo robore & effectu. Et si ipse defecerit in solutione solution̄ praed' in parte vel in toto, qd' extunc bene licebit praef. I. C. & assignat̄ suis, in ten̄ta p̄dict intrare, eademque rehabere in pristino suo statu: ista sursumredditione in aliquo non obstante. Et dat &c. (vt supra.)

¶ A Surrender vnto the Bay life out of the Court.

AD hanc Cur̄ &c. compertum est &c. quod L C. extra cur' sursumredd' Sect. 609. in manus I. D. Balliui istius manerij, in praesentia D. R. & aliorum tenētium dn̄i huius manerij hoc testantium, vnam a cram terrae &c. ad opus W. I. cui dominus &c. (vt supra.)

¶ A Copie after a seisure.

AD Curiam apud S. A. tent̄ (tertio die &c.) praeceptum fuit balliuo Sect. 610. seisire in manꝰ dn̄i, eo qd' ipsa alienauerit, et ven [...]idit dict' ten̄tū cuidē T. V. sine licētia domini &c. Et inde respondebit dn̄o de exitib [...]s quous (que) &c. Et ꝙ in ista cadē curia, dn̄s ex sua gratia speciali, [Page] concessit dictum tenementum cum pertinen̄ & seisinam inde praefat̄ I. B. Habendum &c. (vt supra.)

¶ A Graunt in fee by the Lord.

AD hanc Curiam dn̄s per Seneschall' suum concessit extra manus Sect. 611. suas T. D. & A. vxori cius, vnum mesuagium &c. quibus dominus per Seneschallū suum praed' concessit seisinam. Habend' sibi et haeredibus suis imperpetuum &c.

¶ A Surrender of land by the Verge.

AD Curiam &c. venit T. B. & sursumredd' &c. ad opus et vsum Sect. 612. I. L. &c. qui p̄sens hic in cur̄ admitti petit ad praemissa, cui dominus &c. Habend' et tenend' &c. per virgam &c. (vt supra)

¶ A Surrender of a Reuersion.

AD hanc Cur̄ &c. Homagium praesentat, quod H. H. qui de dn̄o Sect. 613. tenuit sibi et haered' suis reuersionem vnius clausi pastur̄ &c. infra istud maner̄, quorū I. H. mater praed' H. H. vid' est tenens ad terminum vitae suae, diem clausit extrem̄ post vltim̄ cur̄. Et quod R. H. est eius auunculus et proximꝰ haeres, scꝪ. frater T. H. patris praed' H. H. et plenae aetatis qui praesens hic in cur' petit admitti ad reuersionē tenementor̄ praed' I. H. matris dicti H. H. cum acciderit vt supradict' est, cui dominus &c. post mortem &c. (vt supra.)

¶ A Copie in auncient demesne, where the wife shall be examined.

DAle &c. Ad Cur̄ &c. T. B. de N. & E. vx. eius hic in plena cur̄, Sect. 614. quae quidē sola ac seorsim per Seneschallum examinata & confessa sursumredd' &c. quod nec metu, nec vi coacta, nec dolo circumuent̄, sed scienter ex mera et spontanea voluntate sua motu (que) ad opus W. C. vnde ex consuetudine manerij praed' accidit domino vnus equus de haeriot̄. Et super hoc venit dictus W. C. & cepit de domino dict' mesuag' &c. (vt supra.)

¶ A Copie in auncient demesne with Proclamation.

AD hanc Curiam &c. A. C. venit, & sursumreddidit &c. ad opus Sect. 615. T. H. haered' et assignat̄ suorum imperpetuū, virtute barganiae siue pactionis inter eos factae. Et suꝑ hoc publica proclamatio in eadem curia facta fuit, qd' si quis aliquod ius seu titulū ad idem mesuagiū &c. p̄tendere voluit vel haberet, veniret & audiretur, Et nullꝰ venit ad hanc Cur̄, ꝑ qd' secundū consuetud' man̄ij praed' mesuag' [Page] &c. remanerent in manibus dn̄i vsque ad tertiam proclamationem super eisdē factam. Et super hoc dies data est partibꝰ praed' essendi ad proximam curiam manerij praedict' ad audiend' inde iudicium suum, de & super praemissis.

Et ad hanc Curiam &c. tam praedict' A. A. quam praedict' T. H. venerunt: Et super hoc secunda proclamatio facta fuit super praemiss. quod si aliquis &c. (vt supra) & nullas venit. Et super hoc dies dat̄ est partibus praedict' &c. (vt supra.)

Et ad hanc Cur̄ &c. tam praed' A. A. quam praed' T. H. venerunt, Et super hoc tertia proclamatio facta fuit super praemiss. quod si aliquis &c. (vt supra) Et nullus ad hanc venit.

Et super hoc dn̄s per W. H. Seneschallum suum concessit seisinam suam de praed' mesuagio &c. praef. T. H. tenend' sibi & assign̄ suis secundum consuetudinem manerij praed'. Et dat domino de fine pro ingressu &c. Et admissus est inde tenens. Et fecit fidelitatem &c.

¶ A Copie in taile with remainders.

AD hanc Curiam compertū est, quod R. B. de A. ad Cur̄ tentam Sect. 616. &c. sursumreddidit in manꝰ dn̄i vnum ten̄tum &c. ad opus R. C. filij eiusdem R. & A. vxoris suae quibus dn̄s concessit seisinam, tenend [...]m sibi & haered' de corporibꝰ corū legitime procreatis. Et si praedict̄ R. & A. vxor eius sine haered' de corporibꝰ eorum legitime ꝓcreatis obierint, qd' tunc praed' ten̄tū cum suis pertin̄ remaneant rect' haered' ipsiꝰ R. B. Et modo cur̄ ista informat̄ \l=pe\ totū homag', qd' p̄dict̄ R. & A. obierunt sine haered' inter eos ꝓcreatis. Et p̄dict' R. B. similiter. Et super hoc venit I. B. frater & haeres praedict̄ R. B. & petit admitti, & admissus est tenens &c. Et per lic ētiam dn̄i praef. I. B. petitadmitti ad ten̄tū p̄dict cum ꝑtin̄, cui dn̄s inde concessit seisinam: Tenend' ad voluntatē dn̄i secund' consuetud' &c. Et dat dn̄o &c.

¶ A Surrender out of the Court.

AD hanc Cur̄ &c. compertū est per homagiū, quod R. R tenens Sect. 617. customarius huiꝰ manerij, extra cur̄ sursumredd in manꝰ dn̄i, ꝑ manus W. T. & R. M. duorum customar̄ tenent̄ huius manerij secundum cōsuetud' hui' maner̄ extra Cur̄, totū illud mesuag' &c ad opus & vsum dicti R. R. ꝓ termino vitae suae naturalis. Et post decessū dict̄ R. R. tunc ad opus & vsū T. B. et haered' de corpore dict' T. legitime procreator̄. Et pro defectu talis exitus de corpore dict' T. B. legitim̄ ꝓcreat̄, rem̄ inde I. I. filio R. I. gener̄, haered' & assign̄ suis in ꝑ petuū. Et dicunt qd' p̄d' R. obijt, & nunc ad istam cur̄ p̄d' T. B. venit, & petit [Page] admitti ad omnia & singul' praemiss. praed'. Et ad hanc Cur̄ dn̄us per I. K. seneschal' suum concessit inde ei seisinā per virgam. Habend' & tenend' eidem T. B. & haered' de corpore suo legitime procreat̄. Et ꝓ defect' talis exitus remanere ad opus & vsū dict I. I. & haered' suor̄ imperpet̄. Et praed' T. B. dedit dn̄o &c. Et admissus est inde tenens.

¶ A Surrender before the Steward out of the Court.

AD hanc Cur̄ testatū est ꝑ W. T. seneschall', quod W. N. in extremis Sect. 618. iacēs decim̄ die A. an̄ regni dictae dn̄ae Reg. 34 sursumredd' in manus dn̄i, per manus eiusd' Senes. (absente cur̄) in praesenc' R. C. R. P. & C. H. vnum ten̄tum &c. ad opus & vsum M. vxor̄ suae, ꝓ term̄ vitae suae, & post decessum ipsius M. remaner̄ W. T. filio praed' W. patris, & E. filiae eiusd' W. patris ac soror̄ p̄d' W. filij & haered' suis, sub conditione tamen sequent̄, Quod si contingat aliquem praed' W. filij E. filiae obire sine haered' de corpore suo exeunt̄, qd' tunc ipse vel ipsa, qui vel quae superuixer̄, habebit & gaudebit ten̄t̄ praed' sibi & haered' suis imperpetuum.

Et super hoc venit in ista cur̄ praedict' M. & petit se admitti ad ten̄t̄ praed' cum pertin̄ cui dn̄us per I. K. senes. suum concessit inde sesinam per virgam. Habend' sibi in forma praed' ad voluntatem dn̄i secundum consuctudinem manerij. Et dat dn̄o &c.

¶ A Copie for two liues.

AD hanc Cur̄ &c. I. D. & I. vxor e [...]us, ipsa sola examinata corā Seneschal', Sect. 619. & sursumredd' in manꝰ dn̄i vnū ten̄t̄ cū ꝑtin̄ in A. &c. ad opus & vsum G. H. & A. vxor̄ eius, ad termin̄ vitae eor̄ & alterius eor̄ diutius viuentis, secundum consuetudin̄ manerij. Et dant dn̄o &c.

¶ A Surrender for liues with remainders.

AD hanc Curiā &c. venit A. T. & sursumredd' &c. vnū mes. &c. Sect. 620. vt dominus faceret inde voluntat̄ suam, & dn̄s inde habuit seisinam. Et ex gratia sua speciali reconcessit praed' mesuag' & terr̄ praefat̄ A. T. & K. vxori eius durante vita eorum, Ita qd' post eor̄ decessū dictum ten̄tū & terr̄ remaneant K. vxori W. durant̄ vita sua. Et post decessum ipsius K. praed' terr̄ & ten̄t̄ remaneāt rectis haered' ipsius A. T. imperpet̄. Tenend' eidē A. T. & I. vxori eius durante tota vita eorum ꝑ virgam ad voluntatem dn̄i, secund' &c. in forma praed': Saluo iure cuiuslibet &c. Et praed' A. T. & I. dant &c.

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¶ A Surrender out of the Court, and a remainder with a Condition.

AD hanc Curiam &c. quod R. F. languēs in extremis sursumredd Sect. 621. in manus B. R. extra cur̄, per manus I. H. in praesentia A. B. C. D. tenent̄ huius manerij hoc testantium, vnum mesuagium cum pertin̄ &c. ad opus A. vxoris praed' I. F. tenend' sibi pro seruitio inde debit̄, secund' consuetud' manerij, pro term̄ vitae suae. Ita qd' post mort̄ dict' A. praedict' mesuag' remaneat I. filio praed' R. & A. & haered' de corpore suo legitim̄ procreat̄, & si contingat dict' I. obire sine haered' de corpore suo legitime procreat̄, qd' tunc praed' mesuag' remaneat R. filio praed' R. & A. & haeredibus de corpore suo legitime procreatis. Et si contingat dictum R. obire sine haered' de corpore suo legitime procreat̄, qd' tunc praed' mesuag' per executores vel alterum eorum diutius viuent̄, venderet̄, & denarij inde recepti & prouenientes in pauperes, & alias eleemosynas erogētur, disponant̄, & distribuantur, prout eis melius videbitur expedire: quibus dominus inde concessit seisinam, tenend' in forma praed'. ad voluntat̄ domini secund' consuetud' manerij. Et dat domino &c.

¶ A Copie for life by a man and his wife.

AD hanc Cur̄ venit. I. H. & R. vxor eius, ipsa sola examinata corā Sect. 622. Seneschall', sursumredd' in manus domini vnum ten̄t̄ &c. ad opus & vsum G. H. & I. vxoris eius ad termin̄ vitae eorū, & alterius eorum diutius viuent̄, secund' consuetudin̄ maner̄. Et dant dn̄o &c.

¶ A Copie for three liues, made by a Surueyor.

AD Cur̄ manerij praed' ibid' tent̄ &c. venit I. G. & ceꝑit de dn̄o ex Sect. 623. traditione R. F. armig', particular̄ superuisoris terrar̄ dn̄i ibid' ꝑ lr̄as eiusd' dn̄i patent̄ sufficientem authoritat̄ dantes &c. vnum ten̄t̄ &c. Habend' & tenend' omnia & singula praemissa cum suis pertinen̄ praefat̄ I. G. & E. vxori eius ac A. filiae eorundem, ad terminum vitae eorum, & alterius eorū diutius viuentis successiue, ad voluntatem dn̄i secundum consuetudinem manerij, per redditum & seruitium inde prius debita & de iure consueta. Et dat dn̄o de fine &c.

¶ A Licence to demise for yeares.

AD Cur̄ &c. conceditur R. H. vid' potestas & licentia dimittend' Sect. 624. vnum claus [...]Punc [...] pastur̄ vocat̄ N. videlicet cū ꝑtin̄ iacen̄ & exist' infr̄ istud mane [...]iū T. P. & assign̄ suis, a festo &c. vltim̄ p̄terit̄, vsq: ad finē [Page] termini xxj. annorum tunc prox. sequen̄ & plenar' complend'. Et dat domino de fine pro licētia inde habend' iij [...]s'. Et super hoc idem hic in cur' admittitur &c.

¶ For yeeres where the Lord shall find Tymber.

AD curiam dominus per I. F. Seneschallum suum concessit E. R. Sect. 625. vnum mesuagium &c. vocat̄ A. Habendum & tenendū sibi & assignatis suis a festo sancti Mich. archang' proxim̄ futur̄ post dat̄ huius cur̄, vs (que) ad finem et terminū xl. annorū extunc proximo sequentiū & plenarie complendorū: Reddend' inde annuatim xx. s'. ad duos anni terminos, viz. &c. per aequales portiones. Prouiso semper quod durante termino p̄dict', praedict̄ dn̄s inueniet materiam & ligna, toties quoties necessarium fuerit dicto tenement̄, ad emendandum, reparandum, & sustinend' illud. Et dat domino &c.

¶ A Copie for yeeres the Tenant repayring.

AD curiam nr̄i R. A. Praepositi collegij Regul' Mariae de E. iuxta Sect. 626. W. in Com̄ B. dn̄i ibidem tent̄ ibidem tertio die &c. sic irrot̄, venit N. S. & dat dn̄o de fine pro termino sibi habēdo, de, & in scitu manerij de V. &c. et dn̄s concessit praedict̄ scitum manerij &c. pro termino viginti vnius annorū. Habend' & tenend' praedict̄ scitum manerij &c. p̄fat̄ N. S. & assignat̄ suis ꝓ dicto termino viginti vnius annorū, termino p̄dict̄ incipiente in festo Mich. archang' quod erit in anno dn̄i 1599. secundū consuetudinem man̄ij ibidē: Reddend' inde annuatim dn̄o et haeredibus suis ad terminos ibidē vsual' x. li. & sectam cur̄ manerij praed' bis perannū. Et reparand' ac manutenēdo omnia edificia ibidē mod' edificat̄, ac omnes sepes ac fossat̄ ad dict' terr̄ pertin̄ durante termino p̄dict̄. Et sufficient̄ reparat̄ dimittend' in fine termini sui praedict̄. Et praedict̄ N. S. & assign̄ sui in fine termini sui praedict̄ sol' hariot̄ v. s. Et fecit dn̄o fidelitatem, & admissus est inde tenens durante termino praedict' &c.

¶ A confession of a Freeholder and a Copyholder.

AD hanc cur' venit A. B. coram T. P. Seneschall' huius manerij, & Sect. 627. cognouit se tener̄ de dn̄o vnum mesuagiū &c. libere, ꝑ chartam in socagio, per redd' xij. d', vel j. lib. piperis, & sectae curiae bis per annum. Et etiam dictus A. B. cognouit se tenere de dn̄o aliud mesuagium ad voluntat̄ dn̄i secundū cons. manerij. Et per redd' &c.

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¶ A Release by a Copie by licence.

AD hanc cur' tent̄ &c. compertū est qd' dn̄s per T. P. Seneschall' Sect. 628. suum ad [...]ur̄ tent̄ apud C. tali die & ann̄ concessit extra manus suas W. P. & haered' suis vnā peciam t̄rae continent̄ circa tres acras t̄rae, siue plus siue minus habeat, quond' T. C. in A. iacen̄ inter &c. Habend' & tenend' &c. ad voluntat̄ dn̄i secund' cons. man̄ij, & postea venit quaedā A. W. coram praef. T. P. Senesch' dn̄i, & praetendit habere titul' in praed' pecia terrae, & hic p̄sens in cur' remisit, relaxauit, & imperpet̄ quiet̄ clam̄ W. P. & haered' suis, per licētiam dn̄i, totū ius suū & clam̄ quae habet vel habuit, vel in futur̄ h [...] ̄re poterit in praed' pecia terr̄, & in qualibet inde parcella. Ita viz. ꝙ nec ipsa A. nec haered' sui, nec aliquis alius nomine eorū, aliquod ius, titul', interesse, vel clam̄ in praed' pecia de caetero exig. vel vend' poterit, sed ab omni acc' iur̄ seu clam̄ sint exclusi per praesentes &c. Et dat dn̄o &c.

¶ A Copie to the husband and wife, with a Release to them by an other.

AD hanc Cur' compertū est per homagium quod W. H. post vltim̄ Sect. 629. cur̄ sursumredd' in manus dn̄i tenemētum &c. ad opus & vsum M. vxoris eius & haered' suorū. Et super hoc ven̄ in plena Cur̄ I. H. qui iam dict' M. in vxorē duxit cum p̄dicta M. & petunt admitti ad praemiss. quibus dn̄s ꝑ Seneschallū suum concessit inde seisinam. Habend' & tenend' eis & haeredibus dictae M. de dn̄o per virgam ad voluntatem dn̄i secundū consuetudinē manerij p̄dicti per redd' &c. Et dant domin̄ &c. Et fec' &c. Et admiss. &c. Et postea ven̄ S. T. & sursumredd' relaxauit & quiet̄ clamauit dict' I. H. & M. vxor̄ eius in plena & pacifica possessione existen̄, de, & in ten̄tis praedict', totum ius, statum, titulū, clameū, interesse, conditiones, & demanda sua quaecunque quae habuit, habet, seu habitur̄ sit, de, & in tenement̄ &c. Ita quod &c.

¶ A R [...]lease of a title of Dower.

AD curiam tent̄ &c. venit I. T. nuper relict' I. T. viri sui defunct', Sect. 630. & praetend' habere titul' in vna domo &c. viz. tertiam partem oīum terrarum & tenementorū reddit̄ et seruic' cum pertin̄ nomine dotis suae, ex donatione dicti I. T. viri sui ꝓ quadā pecuniarū summa sibi per W. A. prae manibꝰ solut̄, sursumredd' remisit et relaxauit praef. W. A. prae manibus suis totū ius suum, statum, titulum, clameū, interesse, & demand' sua quecun (que) quae habuit, habet, seu habitura sit in praemissis: Ita videlicet quod nec ipsa I. nec &c. (vt supra.)

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¶ A Certificat for paiment of Subsidie money.

VVE whose names are here vnder written, Commissioners of Sect. 631. our Soueraigne Ladie the Queenes Maiestie, amongst others within the County of W. for the taxation, leuying and collection of the second paiment of the first of the two Subsidies graunted to her Maiestie in the Parliament holden at W. in the xxxi. yeare of her Highnesse Raigne, Dee signifie vnto the right Ho. the Lorde Treasorer, the Barons of the Eschequer, and to all other her Maicsties Commissioners and Officers to whom it shall appertaine, That A. B. of W. in the Countie W. Esquire, is tared and assessed to pay to our Soueraigne Ladie the Queenes Maiestie, for the second paymēt of the saide first Subsidie, and hath payd &c. after the rate of xx. l.. in land, amongst the inhabitants of the Parish of W. in the hundred of &c. in the said County of W. at which place the saide A. B. was altogether resident with his family at the time of the taxation of the said Subsidie, Giuen vnder our hands and seales the sixt day of D. in the yeare of the Raigne our saide Soueraigne Lady Queene Elizabeth the xxxiiii.

Last Willes and Testaments.

HAuing hitherto intreated of Instrumēts of Sect. 632. such contracts as take effect in the life time of yꝰ parties, with their manifold differēces and examples: It is now time to deal with Instruments which take effect after their deaths. Of which sort be last Wils & Testaments, & letters of administration, which is a matter of no lesse difficulty thē those other, aswel for their great diuersitie, as also for their obscuritie, ambiguitie, & incertainty: For many times it is doubtful in what sense the Testator would haue his words taken, Insomuch that his wil therin may rather by probable arguments bee gessed then rightly gathered.

By meanes whereof it happeneth oftentimes, that thinges well meant by the Testators, are euill and diuersly vnderstood by their posterity and suruiuors. Which difficulty deceiueth somtimes not only the common sort, but euen men of good iudgement: Insomuch that of one selfe question they pronounce different opinions.

As if a man deuise lands to I. S. to haue & to hold to him for euer, [Page] and die, and the deuisee enter into the same lands, some thinke he hath thereby fee, Littlet̄ Sect. 586. and 22. E. 3.

And others thinke hee hath onely an estate for the terme of his life, for they holde that these wordes (for euer) can extende to none other then the deuisee, because no moe persons be named in the deuise. And that the life of man in this respect, is saide to bee for euer with him. Perkins Sect. 557.

But seeing all the ambiguities and incertaintie of Willes happen chiefly through their obscuritie in the wordes or sentences thereof, it behooueth Notaries, and such as write Willes, to haue speciall care to set downe the Testators very sense and minde very plainely, with apt and significant words and phrases omitting all such as bee either hard to be vnderstood or diuersly to be taken.

Notwithstanding that Willes being doubtfull, are alwaies to receiue a benigne and fauourable interpretation, that if by any meanes it can, they may stand and be of force: for much better it is that Wils be perspicuous of themselues, then to be inlightened by the exposition and allowance of others.

Wee will therefore in this treatise, discourse of some points of the doctrine and examples of last Willes and Testaments plainely and briefly, leauing precise and curious questions to be handled by others of better skill.

¶ Of ciuill succession, and what last Willes and Testaments be.

LAst Willes and Testaments, are a kinde of Ciuill successions. Sect. 633. For ciuill succession is deuided into succession immediate or lawfull, and mediate or testamentarie.

Succession mediate or testamentarie, is when the person deceased made a will.

This hath his efficacie by law, and that by mans will which receiueth full strength by and after the Testators death, and not before, and therefore is called a last will.

The other is called lawfull succession, because it hath being by the operation of law onely.

And the mediate succession, is termed testamentarie (by Senecdoche) for that a testament is the principall kind or part of last Willes.

Hereby it seemeth with vs that an Executor may be termed a successor testamentary, which is made by the last Will.

And an Administrator, a Successor lawfull, which succeedeth him which dieth intestate.

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And for so much as while a Testament is hoped, there is no place for lawfull succession, the doctrine of that ought to preceede this.

A last will therefore (vltima voluntas) is the disposition or bestowing of a mans owne goodes and landes, taking effect after his death.

And it is Testamentarie or Codicillarie: namely which is made by Testament, or Codicill, or Scedule.

A testament is defined by most men voluntatis nostrae iusta sententia, de eo quod quis post mortem suam ficri velit, for the perfiting of which definition, it seemeth good to adde these words, (cum executoris institutione) for without an executor there can be no testament, for thappointment of an executor is the true formall cause therof, giuing essence thereunto.

And therefore some shortly define a Testament (haeredis institutio) which is the naming of an executor, whereuppon we may say, a Testament is a iust sentence, or declaration of our mind, concerning that which we would haue done after our deaths, with the ordaining of an Executor thereof.

Or rather a testament is a last Will, which of his owne nature in it selfe containeth a direct institution of an executor.

The doctrine of Testaments standeth vpon two parts, the making and a destroying thereof, both which, and also the will of euery testator are to be measured by the rules of the law.

The making of a Testament, is the right which giueth the communion or participation of the Testament. And this is chiefly regarded in the persons, and in the forme of the Testament.

And persons are principall or lesse principall: The principall persons be the testator and the executor, lesse principall be the witnesses and legatories: Hereupon the making onely of a testament is actiue and passiue.

The actiue making of a Testament is which belongeth to the Testator, that he haue right to make a Testament.

And the passiue making of a Testament, is that right which pertaineth to the executor and other persons lesse principall in Testaments, as to bee made executors, legatories, or witnesses thereof, to take some legacies or benefites thereby.

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¶ What persons may make Testaments, and what not.

¶ And all persons aswell males as females may bee Testators and Sect. 634. make Testaments, but such as are prohibited: of which some are forbidden to make Testaments by nature, and some by law.

By nature, through defect of mind or body, but no longer then such defect indureth.

This defect of mind is when either his age is such that he wanteth discretion, or being of age wanteth it by chance, either naturall or casuall: Of the first sort be children which knowe not what they should doe, as men vnder xiiii. yeares olde, & women vnder xii. yeares, which aboue that age may make Testaments, but not of their lands of inheritance before the age of xxi. yeares, 34. H. 8. cap. 5. S. Lib. 1. cap. 21. lib. 2. capit. 28. Hereunto may be added doting olde persons wanting iudgement, and drunkards void of reason.

Of the latter sorte bee madde folkes and Idiots at the time of the making of the Testament.

The defect of bodie, is such infirmity by which the principall sences necessarie for the making of Wils are hindred, as deafnes, blindnes, and dumbnes.

Dumbe or deafe folkes by nature can make no Testamentes, but they being so by chance or accident may make testamentes if they bee learned, and can write and read.

And blinde folkes and dumbe folkes may in some cases by signes, if they could once speake.

By law are forbidden Testari such as be subiect to others power, as bondslaues, villeines; (but such as be executors to others) and women couert, without consent of their husbands (except executrices to others, or of thoses in action) Monkes, Ehanons, Friers, & such other superstitious votaries. 14. H. 8. 16. 2. R. 2. 5. And such as haue no estate or habisitie, as Traitors, felons, conuict, notorious heretikes, Apostataes, captiues by inst warres, persons outlawed or waiuted, persons imprisoned by dures, a felon of himselfe: for these persons haue no goods:

¶ Who may be Executors or legatories, and who not.

¶ The passiue making of a Willis a right to take by a Testament, Sect. 635. which right allloiall subiects haue, as freemen, villeins, men, women, [Page] single or maried, children, yea, though they be in their mothers wombe, lay men and clerkes, But Traitors, Felons, heretikes, apostates, persons outlawed, and such others, may not make Testaments: nay, neither be Executors nor legatories.

¶ What persons may be witnesses of Testaments.

¶ Persons lesse principall are witnesses of the making of the Testament, Sect. 636. which must be three or fower, or more sufficient persons hauing power to make Testaments, and void of all naturall and ciuill impediments which may impeach their credite and testimonie.

¶ How Testaments are to be made.

¶ We haue spoken of the persons requisite in Testaments: now Sect. 637. let vs view their forme or maner of making and publishing of them. The forme truely of making of Testaments, is the verie disposition of the Testament rightly made, which is considered in the substance and inward forme thereof, and in the outward action of making and proofe of the same Testament.

The substance or forme of Testaments consisteth in the verie institution and the ordeyning of an Executor, and in the thinges of which disposition is thereby made.

The institution of an Executor, is nothing else, but the Testators naming and appointment whom he will haue to be his successor in his stead to enter and to haue his goodes and cattels; vse actions against his debtors, and to pay his debts and legacies so farre as his goods and cattels will extend.

And an Executor may be either of all the Testament, and then he is termed vniuersall, or of part, as of plate &c. and then he is named a particuler Executor.

Furthermore, the institution of an Executor is pure or mixt.

A pure institution of an Executor, is, when one or more Executors be simply made without time or condition: for the Testator may assigne as many Executors as he will, being capable thereof, as if he say, I make A. B. mine Executor, or any other woords of the like sence.

The mixt institution of a Testament is vpon time or vpon condition.

Vpon time, as if the Testator make I. S. his Executor, when he commeth to full age, or from London, or while he dwelleth at L. &c. [Page] and such like referrences to time, as to make him executor during tenne yeares, or after tenne yeares &c.

Vpon Condition, as when the Testator appointeth I. S. his executor, if he before probate of the testament find sufficient suerties for the performance of his will, or with the addition of any other possible honest condition or conditions, for impossible conditions hinder not the pure making of the executors.

And as one or more Executors may be made simply or conditionally, or with reference to time: so may Legacies and Deuises be made to one or moe simply or conditionally, or with reference to or from time.

And note, that although that in the assignation of Executors, and giuing of Legacies, and making of Deuises our law respecteth not so much the natural propertie and signification of words, as the true intent and meaning of the Testator, whose minde is the verie life & soule of the testament: yet it is alwaies verie requisite that the writers of Testaments do expresse the same with as apt and significant words as may be for auoyding of all scruples as may otherwise happen by doing the contrarie.

¶ Of making of Testaments.

¶ It followeth to speak of the verie action of making a Testament which consisteth chiefly in the fact thereof, and putting of witnesses thereunto, which is to be done at one selfe time.

The forme of publishing a Testament is the very action whereby a Testament is produced, publiquely opened, recited, or made knowne.

¶ Of the destroying of Testaments.

¶ The destroying or weakening of a Testament, is when the Sect. 638. person named Executor, can not, or will not be executor, or die before he shall take vpon him the executorship, or shall not be capable thereof.

¶ Of a Codicill.

THe latter kind or part of succession vniuersall, is tearmed Codicillarie. Sect. 639.

A Codicill is an imperfect last Will of one testate, or intestate, not appointing any executor, which may be either written or nuncupatiue.

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And it skilleth not in what part of a testament the executor is named. Howbeit it seemeth good to name him in the very beginning, because the appointing of an executor is the verie head and foundation of a Testament, without the which, neither can it stand, nor any deuise or legacy be effectuall. And againe a Codicill is either perfect or imperfect.

A perfect Codicill, is a Codicill hauing an oblique institution of an executor: this Codicill resembleth a Testament, and is in stead of a Testament of one dying intestate.

An vnperfect Codicill is an addition annexed to a Testament, and it is testamentarie or subsidiarie.

A Codicill testamentarie, is a part of the Testament, and an addition or supplement thereunto, by which some thing is added to a testament, or some thing detracted there from the testator for the explaning or amendment thereof.

A subsidiarie Codicill is inserted into a Testament, to the end that if, that it be not of force by the right of a Testament, it may be effectuall as a Codicill, and is rather termed a Codicillarie clause then a Codicill.

¶ Of a Testament written and nuncupatiue.

¶ And euery Testament is either written or nuncupatiue: A writen Sect. 640. testament is that which at the verie time of the making thereof is put in writing, by which kind of testaments onely lands and tenements may be deuised, for they cannot passe by a nuncupatiue in our last will made by word.

A nuncupatiue Testament is, when the testator doth by word onely without writing declare his wil before a sufficient number of credible witnesses.

Testaments nuncupatiue for the better proofe and continuance thereof, may after the making of the same be put in writing & prooued: which notwithstanding that they be so written are still called and are in deede Testaments nuncupatiue.

¶ Of succession vniuersall lawfull, and administration.

¶ When he that is dead is intestate, either for that hee made no Sect. 641. Testament, or made one, and the executor refuse to proue it, or otherwise, is of no force: Then lawfull or inunediate succession taketh place.

And this succession is called Administration, which is that trust [Page] which the Ordinarie of the place where the intestate died, cōmitteth to any person touching the intestates goods, cattels, credits & rights, for whersoeuer a man dieth intestate, the Ordinary of that place may commit thadministration of his goods to his wife (if the suruine) or to the next of the intestates kin requiring the same, by the Statute 21. Hen. 8. cap. 5.

And the power and charge of an Administrator is equall in euerie respect to the power & charge of executors, for they are both to haue and sue for his goods and debts withholden from them, & are bound to pay his debts by specialtie, according to the value of his goods. 31 E. 3. cap. 11.

And sometimes further by their delayes of false plees which lye in their own notice, & being true, are peremtorie bars to the creditors of their testator or intestate. But haste wee to the seuerall formes of Testaments, Codicils, and bils of Administration, beginning with Testaments.

¶ A verie perfect forme of a Will.

IN the name of God, Amen. The xxvi. day of Aprill in the yeare Sect. 642. of our Lord God, one thousand fiue hundred and nintie two, I. I. H. the vnprofitable seruant of GOD, weake in body, but strong in minde, doe willingly and with a free heart render and giue againe into the handes of my Lorde GOD and Creator, my spirite, which hee of his fatherly goodnesse gaue vnto mee, when hee first fashioned mee in my mothers wombe, making mee a liuing and a reasonable creature, nothing doubting but that for his infinite mercies, sette forth in the precious blood of his derely beloued sonne Iesus Christ our onely Sauiour and Redeemer, hee will receiue my soule into his Glorie, and place it in the companie of the heauenly Angels and blessed Saints. And as concerning my body euen with a good will and free heart I giue it ouer, commending it to the earth where of it came, nothing doubting but according to the Article of my faith, at the great day of the generall resurrection when we shall appeare before the iudgement seate of Christ, I shall receiue the same againe by the mighty power of GOD, wherewith he is able to subdue all thinges to himselfe, not a corruptible, mortall, weake, and vile bodie, as it is nowe, but an vncorruptible, immortall, stronge, and perfect bodie in all pointes like vnto the glorious bodie of my Lorde and Sauiour Iesus Christ. First as touching my Wife [Page] with whome I coupled my selfe in the feare of God, refusing al other women, I linked my selfe vnto her, liuing with her in the blessed estate of honorable wedlocke, by whome also by the blessing of God I haue now foure Sonnes and three daughters viz. F. W. L. I. Ia. F. and A. And albeit I doubt not but that God after my departure, according to his promise will be vnto her a busbād, yea a father, a patron, and defender, & will not suffer her to lacke if she trust, feare, and serue him diligently, calling vpon his holy name: yet for asmuch as God hath blessed mee with worldly substance, and shee is mine owne fleshe, and who so prouideth not for his, denieth the faith, and is worse then an Infidell: I therefore giue and bequeath vnto her for terme of her life, if shee remaine so long vnmarried, the occupation of this house, and fermeholdes wherein I now dwell at H. with the appurtenances, euen as I presently occupie the same. And also the rentes and profites yearely arising of my fermeholdes in H. in the tenure of I. T. And likewise the occupation of all other my landes and tenements, set, lying and beyng in the Parish of O. in the Countie of Y. doing no waste, with also her thirdes out of all my goods (except my leases) obseruing the conditions, gifts, bequests and legacies hereafter insuing in full recompence of her thirdes or dower of all my lands and tenements. And except and alwaies reserued to me and mine heires for euer, my Ring of gold which I vse to weare and seale withall, and all mine armor and furniture for the warres &c. with all the glasse and wainskot in and about my houses at H. All which my will is, shall be annered to the freehold, and remayne as heirelomes to my said house and mine heires for euer.

And if it shall Fortune my said wife to marrie againe and take an husbande, then my will and full minde is, that my saide house at H. and all other my said landes, tenementes and fermes at H. and O. aforesaid with their profites and appurtenances, shall remaine, discend and come immediatly to the vse, behoofe and occupation of W. L. I. and A. my children, during the minoritie of mine heire male (doyng no maner of waste during the said terme.) And in full recompence thereof, my said wife to haue during the terme of her life natural the summe of xl. pounds of lawful money paied yeerely out of my foresaid landes and tenements in H. & O. wherewith shee sayeth shee is now right well pleased and contented: Let this suffice for my wiues portion, whome I doubt not but God will take into his protectiō, and so prouide for her in the time of her short pilgrimage, that shee shall want no good thing, and I hartely desire her, that shee bee [Page] diligent in trayning vp our said children in the feare & doctrine of the Lord, so shall God be vnto her a husband, and to the children a Father. Moreouer as touching my children, albeit I am fully perswaded that God according to his promise will be a Father vnto them, and if they liue in his feare he will not see them lacke, yet since the law of God and nature require that I should haue a reasonable care of them: Therefore I giue vnto mine eldest sonne F. and to the issue male of his body lawfully begotten, all my lands, tenements, & hereditamēts with their appurtenances in H. and A. &c. or elswhere within the Realme of England, purchased of A. B. the portion appointed to my said wife, for and during her life vnto her mariage as aforesaid alwaies excepted & forprised. And for default of such issue, to W. my second sonne, and to the like issue male of his bodie. And for default of such issue to L. my third sonne, & to the like issue male of his bodie. And for default of such issue to the next heires of me the said I. H. for euer. And to the said I. and A. H. I giue and bequeath the other two parts of my goods, except my leases, and one hundreth pounds giuen to W. and L. as hereafter is expressed and appointed. Prouided alwaies, that if my said sonnes W. and L. or either of them do fortune to die before they shall accomplish the full age of xxi. yeeres, then the suruiuor of them shal enioy such his portion, as is limitted & appointed to be paid, that is to say, fiftie poundes to each of them.

And if it fortune God to take to his mercie both my said yonger sonnes before the accomplishment of the said xxi. yeres aboue recited, that then both their said portions to be equally deuided amongst my daughters then liuing. And if it fortune my wife to be with childe at the time of my death, then that child to haue as much in euery respect as the said I. and A. throughout all the two parts of my said goods, and all other legacies before or hereafter mentioned, appointed and set out. Prouided alwaies that if I marrie any of my said daughters before my death, then that daughter to haue no part of my said two parts of my said goods in any other sort then as to haue her part of such childs portions of my goods, as shall fortune to die, as is hereafter expressed. Prouided that all my leases shall be taken as no part of my goods, but deliuered vnto my superuisors safely to be kept to the vse of my next heire during the nonage of my said next heire, putting in good suerties in one thousand Markes to my said superuisors and executors, and administrators, or some of them, to answere such portions and legacies as herein is mentioned, declared, appointed and giuen to the rest of his brethren and sisters out of [Page] my said leases, as also truely to obserue such limitations & estates as herein are also appointed or set out. And that hee shall not alien, bargaine, or self my of my leases, but that the same shall after his decease remayne to my next heire male, for the better maintenance of this my house at H. and so from heire male to heire male. Nor shall not make any leases aboue the terme of twentie & one yeres, or one or two liues at the most, reseruing the rents now accustomed.

And if he shall refuse so to doe, then two whole partes of all my said whole landes to go to W. my second sonne, he putting in good suerties as is aforesaid. And in default thereof then to L. likewise as aboue is said. Item, I will that in case two partes of my goods will not answere euery of my daughters the full summe of two hundred pounds for their mariages, then I will that there shall be taken out of mine owne lands commonly called T. xx. pounds yerely & out of my lease of H. yerely vntill such time as euery of my said i [...] daughters haue had the iust summe of &c. for their said filiall portions.

And if it shall fortune any of my said daughters to die before the age of xix. yeres vnmaried, or maried or hauing any issue of her bodie lawfully begotten: Then I wil that her portion s [...] dying shal remain to the other of her brethren and sisters suruyuing. And if it shall fortune, God to take an other of my said daughters in maner and forme abouesaid: That then the second daughters portion so dying shal be likewise equally deuided betweene my yonger sonnes and the daughter then suruyuing. Prouided alwayes, that if the said W. and L. or any of them doe refuse to stand to this mine appointment: That then they to haue onely their filiall portions of my goods, and no part of my leases or other annuities or legacies in this my will giuen or bequeathed vnto them, or any of them, and that then the said legacies or annuities appointed herin to go wholy to my daughters, till such time as euery of them haue the said CC. l. payed for euery their portions. And if my wife bestow any more on my said sonnes, let it be vpon their good behauior towards her. And yet if it fortune my said wife to die before they or any of them do accomplish the age of xxvi. yeeres, applying them selfes obedient and likewise diligently at their learning, I will then after her decease, they and either of them so applying, and beyng vnder the age of twentie sixe yeeres shall haue payed fortie shillings more yerely out of my moitie of B. vntill such time as they and eyther of them doe accomplish the full age of fortie yeeres, if they so long doe line. Item, I will in consideration of my said daughters portion so appointed out of my [Page] said goodes: That W. H. my second Sonne shall haue one yearely annuitie of fifteene pounds during the minoritie of mine heire, wherof eight poundes sixe shillings and eight pence to be taken of the profites arising of my lease in B. and vi. l. xiii. s̄. iiii. d. out of my moitie of A. And after such time as my saide heire shall accomplish his full age, then and from thencefoorth the said W. to haue the said fifteene poundes paide yeerely out of B. during xiii. yeares then next following, if the said W. so long do liue. And if he die before the ende of the said xiii. yeares, and leaue issue of his bodie lawfully begotten, then that issue to haue onely vi. pounds xiii. shillings iiii. pence, paied yearely during the yeares to expend of the said xiii. yeeres, if that issue so long do liue, to be taken of the profits of B. aforesaid, at the feastes of Pentecost and S. Martin by euen portions. And for nonpayment of &c. the said W. & likewise his next issue from time to time to distrayne vntill the same be fully satisfied and payed with the arrerages if any fortune to be vnpayed. Item I giue and bequeath to L. H. my thirde Sonne one yearely annuttie of vi. l. viii. s̄. and iiii. d. whereof iiii. pound to be paied yearely out of my said lease of B. And likewise fower Markes out of A. during the minoritie of my next heire. And after my said heire doth accomplish his full age, then the whole vi. l. xiii. s̄. and iiii. d. whereof iiii. l. to bee payed during the terme of xxx. yeres then next following out of my said lease of B. if he so long do liue, & if he die before thend of the said terme of xxx. yeeres and leaue issue of his body lawfully begotten, then that issue to haue onely fiue markes yearely during the said yeares to expend if the said issue so lōg liue, & to be paied at the feasts aboue said, with like distres to be taken for nonpayment thereof. And if it fortune any of them to die before thend of the said terme of xxx. yeres and leaue no issue of his body liuing, and the other brother hauing issue, then that brother suruiuing, and the said issue so liuing to haue yearely during the said yeares to expend only sixe pounds thirteene shillings & fower pence, and no more out of B. aforesaid. And if it please God to take to his mercie F. mine eldest sonne without issue male of his bodie lawfully begotten, so as therby my lands do descend vnto the said W. his brother, that then this legacie or annuitie so bequeathed and giuen vnto the said W. and his issue to cease, and to be paide to L. and his next issue in manner and fourme as is appointed to the said W. and his issue, and the saide legacie or annuitie so first giuen vnto the said L. and his issue to be voide. And if it shall fortune my said sonne F. to die and leaue issue female of his body lawfully begotten, that then [Page] the said W. or L. vnto whome my said landes, shall come, or the next heire male of them shall paie vnto that issue female of the body of the saide F. fiue hundred markes towards the preferrement of that issue female, within fiue yeares next after the saide issue female shall accomplish the full age of eighteene yeares, that is to say, one hundred markes yerely, if she doe liue so long, or to the issue of her body lawfully begotten, if that issue so long doe liue. And for nonpayment thereof in maner and forme abouesaide, that then that issue female, and the issue of that issue female lawfully begotten, to haue & to hold vnto her and the heires of the body of the saide issue female lawfully begotten, all my lands within the Lordship of O. purchased of &c. to the saide issue female, and the issue thereof lawfully begotten for euer. And for default of such issue to my next heire male, & their heires for euer. Prouided alwaies, that my wife shall haue the occupation of the landes and tenements contained in my said leases to her owne proper vse and education of my Children, so long as shall please her and keeping her selfe vnmarried, and in my name paying after the rate of fiue pounds lesse in the whole yearely rent then an other will doe for the same, and not otherwise. Prouided also, that if it shall fortune God to take all mine heires, before they shall haue issue male lawfully begotten, so as their be no issue male proceeding of them or any of them, so as thereby my lands do discend to the issue female: thē that issue female shall within two yeares next ensuing such certaine knowledge had, & vpon reasonable demaund made, enter into bond to pay or cause truly to be contented & paid to the next issue male of my brother R. H. ii. C. markes of lawfull money of England. And for default of such issue male of my said brother thē to pay vnto his issue female 100. markes. And to the next issue females of the abouesaid W L. I. I. and A. 500. marks, vz. to euery one of them 100. marks, if the said issues doe liue vntil they be of the age of ninteene yeres, & if any of them die before that time, then the suruiuors to enioy the portions of them so dying. And for nonpayment of the said seuen or six hundred markes as aboue saide: Then the issue male of my said brother, and likewise the issues females of my said brother, And also the issue females of the said W. L. I. I. and A. to enter into my moitie of my manor of A. and the same to holde, occupie, and to inioy to them and their heires for euer. This seuen or sixe hundred markes, as aboue is mentioned, I giue as a token of continuall remēbrance of the hartie zeale, loue, and affection I heare to the aduancement of the issue [Page] generall of me and my said children, as also the surname and whole bloud of me the said I. H. and the issue of my saide brother. Item I giue & bequeath vnto my said louing brother R. H. if he be liuing at the day of my death, my best gowne &c. Item I giue vnto euerie of my seruants in my house at the day of my death &c. if they vse themselues diligently and honestly toward my wife during one yere then following &c. Item I giue to P. W. my godsonne one colt of three or foure yeares olde, to be deliuered vnto him when he shall accomplish the age of one and twentie yeares. And to A. G. if she be liuing at the day of my death, one ewe. And to H. B. an olde Angel.

Prouided alwaies, that if my wife doe make any challenge or claime to any part of the thirdes, either of my landes or goods, or to any part therof by force of being executrix, other then before is mentioned, and set out of her, as in such like cases many vnkinde women haue done contrarie to the good meaning, will, and trust of their husbands in preiudice of their naturall children, which my said wife hath faithfully promised to me she will not doe, the rather for that I haue done nothing herein but by her full consent and agreement in euery behalfe, that then she to lose the benefite of al such legacies, and all other commodities appointed and giuen heereby to her, and the same to remaine amongst all my children. Now as touching the poore, insomuch, as these worldly goods were giuen to me, that I should distribute part thereof to their necessitie, viz. the poore, lame, blind, and comfortles: And albeit I haue bin quick in words, to such as were sturdy vagabonds, and idle loiterers well able to get their liuing by their labour, yet I haue not altogether bin vnmindful of thē, but distributed part of such as God sent me, hauing alwaies thought it better in those causes to worke while I liued in this world, then to haue them done after my departure by executors. Yet notwithstanding I will, that there bee distributed and giuen amongest the poore within the parishes of A. vpon the S. x. pound, which I will haue bestowed in maner & forme folowing, that is to say, euery Sunday during the space of ii. whole yeres next after my death xiii. penyworth of bread, which I wil haue bestowed vpon xiii. poore folles. viz the halt, the lame, the blind, the sicke, and such other as bee most comfortlesse, and not able to labour. I thinke it also a deede of charitie, and commendable worke before God to repaire the high waies, that the people may trauaile safly without danger, I therfore giue to the mending of the high waies about S. B. and S. B. at H. twentie shillings to be imploied by the discretion of my louing wife, whom I [Page] do ordaine and make my full Executrix. And if she refuse so to be, then I ordaine and make W. L. I. and A. my children my executors, and my verie louing friendes and cosins A. B. &c. my Superuisors, charging them and euery of them in the name of GOD, as they will aunswere before the high Iudge Christ, at the dreadfull day of doome, that they and euery of them do see this my last will diligently and faithfully fulfilled in euery behalfe without respect of any person or persons whatsoeuer. Prouided alwaies, that if any person or persons which shall inioy any benefite by force of this my last wil, other then their filial portion, will not be ruled, aswell in their education and marriage, as in all o [...]er lawfull things concerning this my last Will by my said Executrix: And she being dead, by my said Superuisors, or the most part of them: And they being dead, by fower of their Vncles, or other their neerest friendes & Alies indifferently elected, the same being knowen to be wise, indifferent, and of good discretion: that then they, and euery of them so refusing vtterly to lose all such benefite, as they or any of them might haue by force of this my last will and Testament, and the same portion or benefit so giuen, then to remain to such, and as many as wil be ordered & ruled, as is before mentioned and declared. Item I bequeath vnto euery of my said Superuisors for their paines taking, one Gold ring of halfe an ounce, with these words grauen seale wise vpon the top of euery the said ringes Esto fidus. And also I wil that their reasonable costs & charges be duely answered to euery one of them of my whole goods from time to time, with recompence of their trauell. Prouided alwaies, that if it shall fortune any question, ambiguitie, or doubt to arise amongst my children, or any others clayming any benefite by force of this my last Will, that the only exposition, determination, & iudgement therof shall be determined & iudged from time to time to the best of my mind, and according vnto the literal sense & meaning of this my last will in euery behalfe, and by the exposition & discretion of my said Superuisors, and others, as aboue is said & expressed, and not otherwise. Prouided alwaies, and my full mind and determinate pleasure is, that in case my next heire male, or any the heires males of his bodie lawfully begotten, & likewise my sonnes W. and L. or the issue male of any of them to whom my said landes shall discend and come, do seek any meane or aduantage by law or other fraude to conuey, sell, alien, or otherwise to make any estate whatsoeuer, contrarie to the true meaning of this my said last Will & Testament, to defeat, or disinherite any of his or their other brethren, & the heires males of [Page] their bodies lawfully begottē, or any other before recited, being their brethren or cosins, be they either males or females, contrarie to such limitation, as in this my said will is specified & contained, & do refuse to enter bond with good suerties, in such sort as my said sonne F. is to do, then I will that all such estates as be limitted to such persons so doing to be vtterly void & of none effect, & that the next heires males to him or them shall enter into, & quietly enioy all my said lands and tenements whatsoeuer, in maner and forme before specified, and not otherwise: any act or acts done, or to be done by my said next heire or the heires of his bodie in any wise to the contrarie notwithstanding. And the like order to be in euery point & behalfe truely obserued by my second sonne, or the heires of his bodie. Item, I giue to my Lord B. Lord high Treasorer of England, if he be lyuing at the day of my death, and the Queenes Maiestie iustly intituled to the wardship & marriage of my next heire twentie pounds, in consideration that my wife may after my decease haue the wardship of my said heire, and the lands descending to the Queenes Maiestie in lease, during his minoritie, his Lordship taking what shall best like him for her highnesse. And I do hereby reuoke and adnul all former Willes. In witnesse whereof I haue hereunto subscribed my name, and set my seale vnto this my present last Will and Testament, the day and yere first aboue written, in the presence of A. B. C. D. F. L. & diuers others.

¶ An other forme of a Will.

IN the name of God, Amen. The second day of Ianuarie 1592. Sect. 643. I R. L. of &c. sicke of bodie, but of good and perfect memorie (God be praised) do make and ordaine this my last Will and Testament in maner & forme following, that is to say: First, I commend my soule into the hands of God my maker, hoping assuredly through the onely merites of Iesus Christ my Sauior, to be made partaker of life euerlasting, And I commend my bodie to the earth whereof it is made. Item whereas I by deede indented, bearing date &c. haue infeoffed T. W. and W. W. of diuers landes and tenements in M. and B. to the vse in my last Will and Testament to be limitted and appointed: My will therefore is, that they the said T. and W. shall take the rents, issues, and profits of the same lands and tenements yerely, by the space of xx. yeres now next insuing, and therewith pay such debts as I owe, and such Legacies as in this my last will shal be contayned, so farre forth as the profits thereof will extende. Also I giue and bequeath to E. my wife fortie pound [...] [...] and besid [...]s such [Page] part of my goods as shee (by the Lawe) ought to haue, if no legacie were vnto her giuen. Item, &c. to T. L. my sonne and heire apparant all glasse and seeling, in or about my house in M. aforesaide. Item, I will, that the residue of my goods, and the surplusage of the profits of the said lands so conuayed vnto the saide T. W. and W. W. which shall remaine (my debts, legacies, funerall expences, and my wiues third part paide and deducted) shall equally bee parted and diuided amongst W. R. K. and G. my children, and such childe or children as my wife hath now conceiued (if she haue conceiued any) and the saide portions to be paied vnto them when they shall accomplish the age of one and twentie yeares. And if any of my said children doe die before he or they shall haue receiued their said portion, not hauing any childe then liuing, then I will so much of his or their portion so dying as shall happen to be vnpaid at the time of his or their death, shall be paid vnto the rest suruiuing. Prouided alwayes, that if either of my saide daughters be married after shee shall be of the age of sixteene yeares, that then the portion of her so being married, shall be paid vnto her within one halfe yeare after the said marriage. And I will, that the said T. W. and W. W. shall haue the custodie of the said W. & R. my sonnes and of their portions, and of the saide T. L. my sonne and heire apparant, and of all his lands and goods vntill he be of full age of one and twenty yeares, and they to bee brought vp and ordered at their discretion, they hauing reasonable allowance for the keeping of them. And I will, that my wife shall haue the custodie of my saide daughters, and their saide portions, if shee first finde such sufficient securitie to bee so bounde in the double value of their said portions, vnto the saide T. W. and W. W. as they shall accept and like of for the payment of their saide portions accordingly, and if they doe finde no such suerties, that then shee to haue for the keeping of either of them fortie shillinges by yeare. and the saide T. W. and W. W. to haue the custodie of their saide portions accordingly. And I make the said T. W. and W. W. executors of this my last will and testament. And I make R. R. and R. W. Superuisors thereof. In witnesse &c.

¶ A perfect Testament and last Will.

VNiuersis & singulis Chr̄i fidelibus ad quos p̄sentes literae Testimoniales Sect. 644. ꝑuener̄, Ioh. ꝑmissione diuina Cant̄ Archiepiscopus rotius Angliae Primas & Metropolitanus, salutē in domin̄ sempiternam & fidem indubiā praesentibus adhiberi, Ad Vniuersitatis vestrae [Page] noticiam deducimus & deduci volumus per praesentes quod scrutat̄ registro curiae praerogatiuae Cant̄ in Archiuis eiusdem bene & fidelit̄ custoditis comperimus & inucnimus euident inter alia in eodē quod decimo die &c. Anno &c. corā H. I. Surrogato venerabilis viri W. D. legum Doctoris curiae praerogatiuae Cant̄ magr̄i custodis siue comissarij legit̄ deputat̄ probatum approbatum & insinuatum fuit Testamentum F. R. nuꝑ dum vixit de S. infra paro chiam de W. in com̄ D. Couen̄ & Lich. Dioc' nostrae (que) Cant̄ prouinciae def. habētis dū vixit & mortis suae tempore bona mobilia velimmobilia spiritualia vel tē poral' iura siue credit̄ quecun (que) vel qualiacun (que) in diuers. Dioc' siue iurisdictionibus peculiaribus commissa (que) fuit Administratio oīum & singulorum bonorum iurium & creditorū dictū def. & eius testamē tum qualitercūque concern̄ I. R. filio & executori in hm̄odi testamē to nominato de bene & fideliter administrand' eadem. Ac de pleno & fideli Inuentario omnium & singulor̄ bonorum iurium & creditorum huiusmodi conficiend'. Et illud in curiam praerogatiuae Cant̄ exhibend': Necnon de plano & vero compoto calculo siue ratiocin̄ inde reddēd', Ad sancta Dei Euangelia in persona P. I. notarij publici procuratoris sui in hac parte legitime constituti Iurat̄. Cuius quidem Testamenti verus tenor in haec verba sequitur.

In the name of God. Amen. The seuenth day of &c. And in the yere &c. I. F. R. doe make and declare this my last Will and testament in writing, reuoking therby both in deed & in law all other former wils & testaments. First I commend my soule into the hands of Almighty God &c. Touching my landes, tenements, and hereditaments where I haue heretofore by my seuerall conueyances for thaduancement of my yonger sonnes P. G. R. and F. the younger assured my manors of H. B. & H. in the county of Y. And all my landes, tenements & hereditaments in H. B. D. H. and B. in the saide County of Y. to such seuerall vses and intents, as in and by the said seuerall conueyances are expressed: My will and meaning is, that the same assurances shall stande and be effectuall to the benefite of my said children, according to the true intent & meaning set downe in the same writinges. And I doe by this my last will ratifie and confirme, & further doe will and deuise all the saide Manors, landes, tenements, and hereditaments to my saide sonnes seuerally, and for such and the same estates to them particulerly and singulerly as be mentioned & limited by the said conueyances. And where in the assurance & morgage concluded betweene me & T. N. gen t̄, I haue put my faithfull seruaunts T. B. & R. C. in trust, my will & request is to them that they doe performe & accomplish the [Page] same trust, and doe make ouer such estate and interest as they haue by the said conueyance to my sonne G. R. & to his heirs males of his bodie according to my true intent and meaning, whereunto I haue made them pritty: for my full and plaine meaning is, that seeing the said G. is my first and eldest sonne by my late wife M. that therfore he shall bee remembred & rewarded as a secondarie eldest sonne, & therefore shall haue to him, and to the heires males of his bodie, my saide Manors of H. and B. and all my landes, tenementes, and hereditaments in H. B. and D. Notwithstanding my meacute;aning is, and so I doe hereby will and deuise, that his two younger brethren R. and F. may haue & inioy the same seuerally during their liues either of them forty pound of &c. by the yeare. And that hee the saide G. doe see the same paid according to my said conueyance. And I doe further giue vnto my said sonne G. all those Statutes, Recognisances, and bonds, that the said M. N. and Sir H. K. haue made and knowledged to me, or to any to my vse for the performance of those bargains that be past betweene vs, and I will that the same bonds may besued in the name of my Executors but to the benefite of my saide sonne G. and of his heires males. And if the said M. N. doe pay the saide summe of &c. agreed vpon, and thereby doe redeeme his saide lands and inheritance in B. Then I doe giue and deuise that my said sonne G. R. shall haue the saide summe of &c. to his vse and benefite. Also I doe giue vnto my said Sonne P. R. all my goods and chattels, stocke and housholde stuffe whatsoeuer that shall bee and remaine at H. aforesaide at the time of my decease. And I doe further giue vnto the saide P. the one halfe and moitie of all the Leade that shall be owing me at the time of my decease. And also the halfe benefite and forfaiture of all such bonds as any person or persons shall stand bound to me in for the deliuery of any lead or lead ore. And where I of very fatherly loue, and the rather thereby to allure him to his booke and study, did assure to my sonne F. the elder by my first Wife, all that my manor of B. with the appurtenances, and my parke and new builded house there, since which time I haue bin vrged by the great vnto wardnesse of my said sonne (I wil not vse any more bitter wordes) to reuoke and make voide the said assurance, and now haue giuen the saide manor of B. to I. R. my eldest sonne, as by the writing thereof appeareth, in which reuokation I do protest before God I doe not knowe any manner of defect or scruple whatsoeuer, yet waying that Durum telum est necessitas, & that Homo peruersus sussitar lites, and lastly, that the desire of such a House & [Page] Inheritance ioyned with any imagined title, will neither regarde fatherly admonition, nor brotherly affection: And to the intent also the said F. my sonne may haue some thing to maintaine himselfe, & apply his booke withall, if it please God that he may looke backe & call himselfe to an ordinary course of life, I doe therefore for these respects giue and deuise to my said sonne F. the elder, those two rent charges of twenty pound a peece, amounting in the whole to 50. l. ꝑ annum, which I haue going foorth seuerally of the landes and inheritance of T. L. Esquire, and W. R. Esq. To haue and to holde to him for and during his naturall life. And my will is further, that if the said F. my sonne do giue himself to the studie of the cōmon lawes of this realme, whereunto I know he hath an aptnesse by nature although through euill behauiour & worse company he hath shewed himself vnapt heretofore, and do become either Reader in Chauncerie or in Court being called thereunto orderly, and performing the same with good liking and opinion of the house, & in proofe therof shal haue it so signified vnder the handes and seales of fower Readers of Grayes Inne for the time being: Then I will and deuise the said two rent charges of xx. l. to the said F. R. and to his heires for euer. And I doe then also and not before deuise vnto him the Statutes, recognisances & bondes, which I haue seuerally of the said M. L. and M. R. for the paiment and seuerall assurance of the said two rent charges or annual paiment, and the benefite and forfaiture which shall growe or bee by reason of the not paying therof, or by any other default committed by them or eitherꝰ, of them, their heires or assignes. Prouided alwaies that my saide sonne F. do within one halfe yeare next after my death, if he shall not make the same in my life time, release vnto my saide sonne I. R. and to his heires for euer, all his right & title that he hath or may claime to haue in the said manor of B. and in or to the said lands, tenements, and hereditaments of the parke and new builded house in B. aforesaid, or into any the hamlets or villages adioyning therunto, with warranty to be therein contained against him and his heires for euer: And vppon condition also, that he the said F. hath not charged or incumbred the said manor and premisses in B. aforesaid or any part therof, with any rent charge or lease whatsoeuer before the saide release, where about three yeares past, I did in the name and behalfe of my daughter K. and for her better preferment, concluded and agreed with M. F. now deceased, for the payment of &c. to my saide daughter in the space of &c. as by the writings thereof appeare, of which said payment the executrix [Page] of the said M. F. hath well and truely paied vnto my handes, to the vse of my said Daughter the summe of &c. due at the feast of &c. last past, my will is, that if the said summe of &c. be not by me aunswered to my said Daughter in my life time: That then the same shall presently be paid vnto her by my executor after my decease. And my will is further, that if my said Daughter K. cannot lawfully by order of Law recouer and obtaine the said summe of &c. residue of the intire summe of &c. that then she shall be paied and satisfied of the said summe of &c. or of so much thereof as she cannot recouer of the lands or goods of the said master F. or at the hands of his executrix or administrators by my Executor, the same payment to be made within &c. after my death. And moreouer I giue vnto my said Daughter an hundred Markes, of &c. to make vp her full and whole portion to the summe of &c. And also I do giue vnto her the Chein of gold that she commonly weareth, & all her Iewels of gold, together with her late mothers Bracelets of gold, notwithstanding my meaningis, that if my executor [...]o pay vnto her the said summe of &c. or so much thereof as she shall or may not recouer or obtaine as is aforesaid, that then my said Daughter, do assigne or set ouer the bonds and assurance made vnto her by the said Master F. vnto the said executor or his assignes, that to the end that he may then take the aduantage & benefite thereof: for like as mine intentis, that my said daughter should be iustly satisfied of the said fiue hundred pound, either by the heires and Executrix of the said F. or else in default thereof by mine owne Executor, euen so my meaning is, not that my said daughter be double paid the said summe, I do giue vnto my Daughter T. ouer and besides the summe of &c. which to her is assured by my selfe and my sonne I. R. by conueyance in my life time the summe of &c. when she commeth to the age of &c. or be married, together with her Iewels of Gold, and little Chein of gold which was her Mothers. And where I haue concluded with R. T. Esquire, for a Marriage (by the grace of God) to be had betweene his sonne R. T. and my daughter E. my Will is, that if the said marriage do not take effect, that then my said daughter E. shall take the benefite of all such Bondes and Recognisances as the said Master T. hath made or knowledged to me: And that my Executor do not onely suffer his name to be vsed for recouerie thereof to the vse of my said Daughter, but that he also and his assignes doe to his and their vttermost indeuour aide and assist my said Daughter for the obtayning of the benefite and forfaiture of the said Bonds and Recognisances [Page] to her owne vse. Prouided alwaies, that my said daughter E. nor any for her, or in her name, do challenge or claime any title or interest, in, or to the summe of fower hundred pound which I did conuey vnto her, to be paied of certaine rent charges, which I appointed for that purpose before the said conclusion of Mariage: for my meaning is, that seeing I haue well and truely paid vnto the said T. the summe of &c. in consideration of the said Mariage to be had that the benefite that shall come to my said daughter by the said mariage, or by the bonds or couenants thereupon concluded shall serue her for her porcion and aduancement, & that she shal not take or challenge any other summe or porcion of my goods or gift whatsoeuer, where I together with my eldest sonne I. R. haue prouided that my fower yongest Daughters, to wit, A. C. I. and B. be euery one of them paied the summe of &c. for their aduancement in marriage, at such daies and times, as by the writinges thereof are expressed: my meaning is, and so I do will and bequeath, that my said Daughters be iustly and duely satisfied their said porcions, in such manner and forme, as by the said writinges is appointed. And my will is further, that my said yongest Daughters shall euery of them be brought vp at my houses at W. or B. at the costes of my eldest sonne, if they be disposed to remayne there vntill such time as they be seuerally well and truely paied and answered their said porcions. I will that within one halfe yeare next after my death there be prouided by my Executor one Chein of gold of the value of &c. which Chein I do giue to my Daughter B. And I do hartily require and charge her, that she cause the same after her decease to be bestowed vpon her sonne and mine N. B. I do will and deuise the yerely rent charge of &c. which I haue to me & mine heires assured foorth of the lands and Inheritance of A. E. gentleman, and the yeerely summe of &c. to be taken foorth of the manor of E. in the whole per annum twentie pound, to be imployed for euer for the maintenance of the new exected Grammer Schole at S. the finding of two Schollerships in Saint Iohns in Cambridge, and the reliefe of the poore, hurt, and maimed Souldiers, which shall be sent to the warres out of the Towneships of S. B. and E. in the Countie of D. that is, eight pound by the yeare towardes the same Schole, other eight pound per annum for the said Schollerships, and fower pound yeerely for the reliefe and succour of the said Souldiers. And now vpon great good hope and fatherly affiance that I haue, and trust to find in my eldest sonne I. R. towardes his Brethren and Sisters, I do make [Page] and ordaine him my sole and onely executor of this my last Will and Testament, and I say vnto him and by him to call the residue of my children, as Salomon said to his sonne, Fili mi time Deum & Regem, and in any wise beware that you liue not aboue your liuing, and especially in the beginning, for that will bring you to want and necessity, both in the middes and the ending.

In quorum omnium singulorum praemissor̄ fidem & testimoniū has literas nostras testimoniales fleri fecimus, ac eas sigillo Curiae praerogatiuae nr̄ae Cant̄ appenc' communiri & corroborari, Dat̄ quoad scrutinium & sigillationem praesentium 28. die mensis Aprilis, anno dn̄i 1591. Et nr̄ae trans. anno viij.

¶ A good President for a Testament.

IN the name of God Amen. The 21. day of the moneth of M. the Sect. 645. yeare of our Lord God &c. I. R. M. Mercer and Citizen of L. being of whole mind, &c. as before. First I commend my soule vnto almighty God my maker and redeemer, and my body to be buried in the Parish Church or Churchyard of Saint N. in the City of London. Item I giue toward the reparation of the same Church xiii. s. iiii. d. Item I will that all such debts and dueties as I owe of right or of conscience to any person or persons, be well and truely contented and payd by mine executors hereafter named, or else ordaine so for to be paid without any delay or contradiction. And after my debtes paide, and my funerall expences performed, I will that all my goods, cattels, and debts shall be deuided into three equall parts, whereof I will that A. my wife shall haue one equall part to her own proper vse, in the name of her purparty & reasonable part to her of all my said goods, cattels, and debts, after the laudable custome of the Citie of London belonging. And the second equall part of all my said goods, cattels and debts whatsoeuer, I bequeath to E & M. my daughters, & to the childe now being in the wombe of my saide wife equally to bee deuided amongst them, and to bee deliuered vnto them when they shall accomplish and come to their lawfull ages of xxi. yeares, or else be maried &c. And if it fortune any of my said children to decease before they accomplish their said ages, and before that time bee not married: That then I bequeath her part or his part of them so deceasing, to the other of them then suruiuing, to bee deliuered vnto them when they shall accomplish their said ages of xxi. yeares, or els be married. And if it fortune all my said children to decease (as God it defend) before they accomplish [Page] their said ages and before that time be not maried: Then I bequeath as well all and singuler the said part and portion of my said children in my foresaid goods, cattels and debts, as also my legacies to them hereafter bequeathed, to and amongst the children lawfully begotten of the bodie of R. M. of S. in the County of K. to bee paide and deliuered vnto them at like ages, and in like manner as is appointed vnto mine owne children, & euery child likewise to be others heire thereof. And if it shall fortune all the children of the said R. M. of his body lawfully begotten to decease (which God defend) before they come to their lawfull ages, and before that time bee not married: Then I will that all their said parts and portions of my said goods, cattels and debts, shall wholly bee imployed and bestowed in amending and repayring of high noyous waies nigh about the City of London, and to the marriage of poore maidens, by the discretion of mine executors and ouerseers, if they be then liuing, or else by the discretion of the L. Maior and his brethren the Aldermen of the City of London. And the third equall part of all my said goods, cattels, & debts, I reserue vnto mine executors, therewith to performe my legacies and bequeasts hereafter specified, that is to wit &c. The residue of all my goods, cattels and debts, after my debts be paid, my funerall expences performed, & these my legacies contained in this my present Testament fulfilled, I wholly giue and bequeath to my said children equally to be deuided amongst them, and to be deliuered to them according as I haue aboue willed and declared. Prouided alwaies, and it is my very will, mind, and intent, that shortly after my decease, all and singuler my wares, stuffe of houshold, plate, and all other my goods whatsoeuer they be, shal be prized by two indifferent persons, to be named and sworne by the L. Maior of L. and his Brethren for the time being, & all & singuler the portions thereof appertaining to my said children, aswell my second part, as my said legacie so to them made and bequeathed of my part immediately after the apprising, to be ordered according to the custome of the Orphanage of the City of L. by the L. Maior and his Brethren. Item I will that the yong men being free of the fellowship of Mercers of L. shall haue the occupying of all my saide childrens porcions and legacies during their nonages, they putting in sufficient suerties therefore, according to the said custome of the Citie of L. And I will, and my minde and intent is, that master H. L. and master R. M. or their assignes, shall haue the keeping, gouernance, and bringing vp of my saide children during their nonages. And of this my present testament I make and ordaine [Page] the said A. my wife, and the said M. H. & R. mine executors. And I bequeath to euery of them for their labor in that behalfe xx. li. and a black gowne. And of the execution of the same I make and ordain W. P. ouerseer, and I vtterly reuoke & adnull all and euery other former Testaments, wils, legacies, bequeasts, executors, & ouerseers, by me in any wise before this time named, willed, and bequeathed. These being witnesses.

Memorandum that Testaments nuncupatiue are made by woord onely before witnesses, in forme aboue said.

¶ A clause of a Will.

ANd if it shall happen at any time hereafter any ambiguitie, Sect. 646. doubt, or question to grow or arise by reason of thimperfection or defect, of, or in any the woord and clauses or sentences in this my present last will and testament, or my true intent and meaning there: That then the further and better explanation, interpretation, and construction of the said doubt and ambiguitie, I will that my said Executors shal expound, explane, & interpret according to their wisedomes and good discretions.

¶ A prouiso to bind lands by will.

PRouided alwaies, and my further will is, that if either of my Sect. 647. said sonnes, or the heires of either of them do attempt or go about to do any act or acts, thing or things to alien & discontinue the said lands, tenements, & hereditaments, or any part or parcell thereof, to them, either or any of them by me giuen and bequeathed in maner & forme aforesaid, either by feoffement, fine, recouerie, or otherwise by any waies or meanes, so that the same landes &c. and euery part and parcell therof cannot or may not discend, come, remaine, reuert, and be in maner and forme before in this my will limitted, declared, and appointed, and according to the true intent and meaning of this my gift, will, and last testament: That then immediatly & from thenceforth the estate, interest, and title of him or them so attempting, doing, or going about any such act or actes, thing or things, as is aforesaid, of, & in the said lands &c. shal cease & be cleerely determined & extinguished, and that then immediatly and from thenceforth the same shall remaine, and be to such person and persons, as by this my will is limitted and appointed, in such maner and forme, and vpon the like condition or conditions, as though he or they so attempting or going about any such act or actes, thing or things, in forme aforesaid, were dead in deed, any thing before in this my present last will mentioned [Page] or declare to the contrarie notwithstanding, leases for xxi. yeares at the most and vnder, or for one, ii. or iii. liues whereupon the old, ancient, and accustomed yearely rent, or the value thereof or more shalbe reserued & assured to such person or persons, as shall or ought to haue had the same estate or estates. Also the estate or estates that hereafter shall fortune to be made, to, or for the iointure or iointures of such as shal fortune to be the wife or wiues of the said R. & G. or of the heires of their two bodies, or of the heires of the bodie of either of them lawfully begotten for terme of the life or liues of such wife or wiues onely excepted and foreprised.

¶ A Codicill or scedule before the making of a Testament.

I A. B. by the grace of God, sound in mind and bodie, praysed be almightie Sect. 648. God, in these codicils or scedules, doe dispose my last will as touching my goods, as followeth: that is to say, First I giue to E. my wife in recompence of her thirds or reasonable portion of my goodes, one hundreth pounds, and two of my best Geldinges, and two of my best beddes fully furnished. Item I giue to euery one of my Sonnes ten pounds, and to euery one of my Daughters twentie poundes &c. As legacies be bequeathed in last willes. And my will is, that this Codicil or scedule be and be adiudged & taken to be parcell of my last will, and to be of force by the right of a Codicil, or by any other right, in the best maner that may be. And I hartely require mine Executors, if God giue me leaue to make a Testament, & in default thereof, mine Administrators, that they do cause all things in this scedule or codicil contained, to be faithfully performed, according to my true meaning, as if the same were so declared and set downe in my last Will and Testament. In witnesse whereof to this present Codicill I haue subscribed my name.

¶ A Codicill made after a Testament or last Will.

BE it knowen that whereas I A. B. made my last will and Testament Sect. 649. in writing (if it be written, and if not, nuncupatiue) bearing date &c. that now forsomuch as I haue changed my minde touching certaine thinges in the same last will contained. And for and concerning all other thinges in the said last will mentioned (other then such as I shall not hereby otherwise dispose of) I do by this present Codicill confirme and ratifie the said last Will, And [Page] first whereas by my said last Will I did giue vnto R. D. twentie poundes, my will now is, that he shall haue but onely ten poundes thereof. And whereas I deuised to G. S. all my estate in one farme called W. in D. &c. which I hold by lease of M. B. for one and twentie yeares, my will is, that he haue it onely during tenue of the first yeares of the said terme, and that Elizabeth my daughter shall haue the residue of the said terme of xxi. yeares towardes her preferment in marriage &c. And so of any other Legacie, adding, diminishing, or cleane distroying the same, or gyuing new Legacies, with this clause in the end: And my will is &c. vt supra in Codicillo ante testamentum.

And it is to be noted, that a subsequent Testament must make mention of a precedent Codicill. And subsequent Codicils must make mention of Testaments and of Codicils precedent if any be: For one person may make but onely one last will, but as many Codicils as he will. And Codicils may be made withany Testament, either precedent or subsequent.

Letters of Administration.

R. P. Legum Doctor Scaccarij Reuerēdissimi Sect. 650. in Christo patris & domini domini E. permissione diuina Ebor' Archiepiscopi Anglie primat̄ & metropolitan̄ commissarius dilect̄ nobis in Christo D. L. de S. Ebor' dioc' vid' salutem in domino. Administrationem omnium & singulorū bonorum iurium & creditorum que fuerunt I. L. nuper de S. p̄dicta mariti tui ab intestato (vt asseritur) defuncti tēpore vite & mortis sue infra iurisdictionē dicti reuerēdissimi pattis existen̄ tibi de tua fidelitate plurim̄ cōfiden̄ in pios vsus distribuend' committimus. Teque administrat̄ in, & de eisdē bonis & caeteris praemissis praeficimus, ordinamus & deputamus per praesentes. Oneran̄ te in virtute iuramenti tui coram nobis in hac ꝑte praestiti qd' verum, plenū, integrū, & fidele inuētarium oīum hm̄di bonorum conficias, & nobis exhibeas, debita (que) ipsius defunct', in quibus tēpore mortis sue effectualiter tenebatur iuxta iuris exigen̄ in hac ꝑte bene & fideliter persoluas, necnon compot̄ calculum siue ratiocinium de administratione tua hm̄di in Scaccario Eborum reddas cum super hoc fueris euocata. Ac [Page] pra fatum Reuerendiss. in Christo patrem & nos, ac omnes Officiarios & Ministros nr̄os quoscunque indempnem & indempnes versus quoscū (que) ratione administrationis tuae huiusmodi imperpetuum conserues, saluo iure cuiuscunque. Dat̄ Eborum &c.

¶ A deputation to a Commissarie or Deane.

IOhannes R. Legum Doctor. venerabilium virorum dn̄orum Decani Sect. 651. & Capituli ecclesie cathedral' & Metropoliticae Eborum, causarum siue negotiorum suorum Auditor̄ suffic' & legitim̄ deputatus dilectis nobis in christo H. M. in legibus Baccalaureo Decano decanatus de D. & I. T. clerico rector [...] Ecclesiae parochialis de T. Ebor̄ dioces. salutem in dn̄o sempiternam: Ad admittend' ac vice & nomine nr̄is recipiend' cautiones obligator̄ (praesentibus annex') tam pro secura solutione pecuniarū summarum M. I. E. & C. B. in eisdē nominat̄, ac eis pro porcionibus suis ali [...]sque legatis & iuribus ex bonis & catallis Magistr̄ A. B. sacre Theologiae Baccalaurei nuꝑ canonici residentiarij ecclesiae Cathedralis & Metropoliticae & beati Petri Ebor̄ predicti patris eorū defunct' debit̄, quam pro indempnitate nostra, ac officiariorum & ministrorū nostrorum quorum cūque versus quoscunque, i [...]xta tenores cautionum p̄dictarū per quos [...]am A. S. de M. in comitatu E. gener̄, R. L. de S. in comitatu N. gener̄ &c. in praed' cautionibus alias etiam nominat̄ & in dioces. Ebor̄ degentes ac cōmorantes praestand', sigilland' & signand': Ac ad omnem iuris & facti effectum deliberand'. Vobis coniunctim & diuisim de quorum fidelitatibꝰ circumspectionibus ac industrijs plurimū confidimus vices & aucthoritat̄ nostras committimus per p̄sentes. Et quid in praemissis feceritis nos seu locū nostrum tenens seu tenent̄ circa festum Purificationis beatae Mariae virginis ꝓximū futurū post datum p̄sentium de gestis in hac ꝓte, vna cum pres [...]tibus & cautiomb [...]s h [...] ̄di debit̄ certificetis, (seu sic) certificet ille vestrū qui presentem nostr̄ commissionē fuerit execut̄. Dat̄ Ebor̄ sub sigillo officij praed' decimo die mensis Decembris, Anno Domini 1592.

¶ Administration by the Archbishop of Canterburie, where the intestate had goods in diuers Dioc [...]sses.

I. prouidentia diuina C. Archiepiscopus totius Anglie Primas & Sect. 652. Metropol [...]tanus, dilecto nobis in Christo p̄nobili viro dn̄o Gilb. Comiti moderno S. filio naturali & legitimo dn̄i G. nuꝑ Comit̄ S. & Comiti, Mariscalli Angliae praeclari (que) ordinis garterij Milit̄ def. Salutem. [Page] Cum idem dominus G. def. habens dum vixit & mortis suae tē pore bona iura siue credit̄ in diuersis diocess. siue iurisdictionibus suum dum egit in humanis rite & legitime condiderit testament̄ suam in se continens vltimam voluntat̄ in quo siue qua E. T. & H. T. armig' filios suos naturales & legit [...]mos nominauerit, ordinanerit, fecerit & constituerit executores. Qui quidem executores ex certis causis animos suos in hac parte iuste mouen̄ oheri executionis dicti testamenti expresse renūciauerunt Cuius praetextu omnium & singulorum bonorū iur̄ & credit̄ antedict' def. plenaria dispositio administrationis (que) eorund' commissio, Nec non comp̄ calculi siue ratiocinij administrationis hm̄di audit̄ finalis (que) liberatio siue dimissio ab eadē ad nos solum & in solidū & non ad aliū nobis inferiorem Iudicem notorie dignoscuntur pertin̄. Nos vero affect' vt bona iura & credita dict' def. bene & fideliter administrent̄ dictumque testament̄ perimpleat̄, suum (que) debitum sortiatur effectū, ad administrand' igitur bona iura & credita hm̄di iuxta tenorem & effectum testamenti supradicti p̄sentibus annex' ac bene & fidelit̄ disponend' de eisdem, Necnon credita quaecunque dict' def. petend' colligend' leuand' & exigend' quae ad eundē def. dum vixit & mort̄ suae tempore ꝑtinuerunt, Ac primo de soluend' aes alien̄ in quo idē def. hm̄di mort̄ suae tempore extitit obligat̄, deinde legata in dicto testament̄, praesentibus vt praefert̄ annex' content̄ & specificat̄ quatenꝰ bona iura & credita sua hm̄odi ad hoc extendant iuxta ratam eorundem, Tibi de cuius fidelitate in hac ꝑte confidimus primitus de bene & fidelit̄ administrando ead' ac de pleno & fideli inuentario omniū & singulor̄ bono [...] iur̄ & creditor̄ hm̄di cōficiend', & illud in Cur̄ praerogatiuae nostr̄ Cant̄ secundo die post festum Ascen̄ dn̄i nr̄i prox. futur̄ exhibend', Necnon de pleno & vero compoto calculo siue ratiocinio in ea parte reddend' ad sanct' dei Euangelia in ꝑsona mr̄i G. C. notarij publici ꝓcuratoris tui in hac ꝑte constitut̄ iurat̄ plenam tenore praesentium committimus potestatem. Teque administratorem omnium & singulor̄ bonor̄ iuriū & credit̄ hm̄di ordinamus deputamus & constituimus per p̄sentes, Dat̄ London̄ vicesimo tercio die mens. Decembr̄ Ann̄ &c.

¶ Administration by the Archbishop of Y.

IOhannes prouidentia diuina Eborum Archiepiscopus Angliae primas Sect. 653. & Metrop̄, Dilect' nobis in Christo p̄nobili vir̄ G. comiti moderno S. filio nat̄ & legit̄ G. nuper comitis S. ac comitis Mareschalli [Page] Angliae praeclarique ordinis garterij militis def, salut̄ in domino: Cum dilectus noster I. B. legum Doctor curiae p̄rogatiuae nostrae Eborum Commissarius rite & legitim̄ procedens ex certis causis coram eo ex parte tua allegatis & ꝓpositis, & ex alijs iustis & legitimis causis se & animum suum in ea parte mouentibus ad petitionem partis tuae lr̄as administrationis omnium & singulorum bonorum iurium & creditorum quae fuerunt dicti def. in & per totam prouinciam nr̄am Eborum existen̄ alias nobili mulieri dominae E. comitissae S. viduae relictae dicti domini G. def. per commissarios nostros Cur̄ nostrae praedict' S. concessas reuocand' fore decreuit & reuocauerit, ac ꝓreuocatis administrationem iuris & facti effectum exinde quouismodo sequi valen̄ haberi voluerit, declarauerit & pronunciauerit, Necnon ad petitionem partis tuae administrationem omnium & singulorum bonorum iurium & creditorum quae fuer̄ ipsius def. infra prouinciam nostram Eborum existen̄ saltē non legitime administrator̄ tibi de nouo committend' fore decreuerit, ac etiam tibi in persona. I. S notarij publici procuratoris tui in hac parte legitime constitut̄ corā eo in form̄ iuris primitus iurat̄ cōmiser̄ (iustitia id poscent̄) Tibi igitur de cuius fidelitate plurimum in domino confidimus administrationē omniū & singulorum bonorum iurium & creditorum quae fuerunt dicti def. infra prouinciam Eborum existen̄ habentis dum vixit & mortis suae tempore bona notabilia in diuersis dioces. siue Iurisdictionibus infra prouinciam nostram Eborum: cuius praetextu omnium & singulorū bonorum iurium & creditorum antedicti defunct̄ plenaria dispositio administrationisque eorundē cōmissio, Nec non compoti calculi siue ratio cinij administrationis huiusmodi auditio, finalisque ab eadē liberatio siue dimissio ad nos solum & in solidum & non ad vllum aliū Iudicem notorie dignoscuntur pertinere plenarie etiā cōmittimus, Teque administratorem de & in eisdem bonis caeterisque praemissis praeficimus ordinamus & deputamus per praesentes, Onerantes te in virtute iuram̄ tui praedict̄ quatenus plenum verum & fidele Inuentar̄ omnium huiusmodi bonorum conficias & nobis in Curia nostra praedict' citra festum Ascensionis domini nostri pro [...]im̄ futur̄ post datū praesentium exhibea. Debitaque ipsius defunct' in quibus tempore mortis suae effectualiter tenebatur iuxta iuris in ea parte exigen̄, Necnon legata in Testamento praesentibus annex' contenta & specificata i [...]xta faculrates bonorum bene & fideliter persoluas. Nec non compotum calculum siue ratiocinium 'de & super administrationem tuā praedictam in Curia nr̄a praedict' reddas cum super hoc fueris euccatus, [Page] Ac nos & omnes & singulos officiar̄ & ministros nr̄os quoscunque indemnem & indemnes versus quoscun (que) ratione p̄missorū conserues: Saluo iure cuiuscunque. Dat̄ Ebor̄ sub sigillo officij nostri prerogatiuae praed' vltimo die mensis Decemb. Anno dn̄i 1590. Et nostrae trans. ad Archiepiscop̄ Eborum anno secundo.

In Dei nomine Amen. Admissis probationibus de & super factione testament̄ praesentibus annex', coram nobis I. B. legum Doctore & M. S. artium Magistro Cur' praerog. Reuerend' in christo patris & domin̄ dn̄i diuina ꝑmissione Ebor̄ Archiep̄i, Angliae primatis & Metropolitan̄ commissarijs legitime deputatis ipsum testam̄ rite factū & legitime probatum, Nos Commissarij antedicti approbamus & insinuamus, ac pro valore eiusdem declaramus. In cuius rei testimonium sigillum officij nr̄i p̄dict' praesētibus est appositum. Dat̄ Eborum sub sigillo praed' vltim̄ die mensis Decembris &c.

Thus much of Testaments, Codicils, and Letters of Administration.

An Inuentarie.

AN Inuentorie is a description or Repertorie orderly made of Sect. 654. all dead mens goods and chattels prized by fower credible men, or more, which euery Executor and Administrator ought to exhibite to the Ordinarie, at such time as he shall appoint the same. And Inuentaries ought to be made so soone as conueniently may be after the parties death, least the goods be imbesiled, and for the most part they are made thus:

The Inuentarie of the goods and cattels of A. B. of D. in the Countie of C. yeoman deceased, made and prooued by C. D. E. F. G. H. and I. K. the second day of May, in the xxxvi. yeere of the raigne of our Soueraigue Queene Elizabeth &c. 1594.

Inprimis, in ready Money. x.l.
His Apparell. xl. s̄.
Item in his bed Chamber two standing beds with testors. iiii. l.
Item fower Fetherbeds, and one downe bed. x. l.
Item fowerteene Blankets xxx. s̄.
Item eight paire of Sheetes. xl. s̄.
Item sixe Couerlets, and two Couerings. vii. l.

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In like maner euery thing, as woollen, linnen, wine, oyle, beere, ale, corne, and graine, hey, wooll, flaxe, wood, coales, iron, lead, houshold stuffe of all sortes: as tables, hangings, chaires, cushions, chestes, pots, pannes, pewter vessell, brewing vessels, implements of husbandrie, leases, debts due to the dead man, or by him due to any other, corne vpon the ground, horses, oxen, kine, sheepe, swine, pullen &c. And for the houshold stuffe either to set downe what is in euery seuerall roome: as euery parler, chamber, studie, shop, buttery, seller, panterie, hall, deirie, kitchyn, brewhouse, backhouse, laundrie, barne, s [...]able, oxehouse, cowhouse, doouehouse, staughterhouse, milkehouse, and euery other house. Or els (which seemeth better) to sort all thinges of one kind together: as all brasse together, all pewer, together, all bedding together &c. prising euery thing seuerally by it selfe. And then to subscribe the same Inuentarie with the names of the same praisers, in the presence of sufficient witnesses. And this ought to be done with great diligence, care, and sinceritie, that the true value of eurry thing may be knowen, to the end that the [...]a [...] mans children or kinsfolkes, his legatories and creditors may haue their owne, without such fraudulent concealing, as in like cases is daily committed.

Per nos A. B. C. D. E. F. G. H.

FINIS.

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The first part of symboleography, which may bee termed The art, or description of instruments and presidents. Lately perused and amended by William West of the Inner Temple esquire, first author thereof — Symbolaeographia. Part 1

Author: West, William, fl. 1568-1594.1598

¶ What Symbolaeography is.

Obligations.

¶ The definition or description of obligations and the causes thereof.

¶ Of the fact of Man.

¶ Of Couenants and agreements, and who may make them.

¶ Of Consent true or feigned, or in deed and in Law.

¶ Of pure Obligations and Couenants.

¶ Of conditionall Obligations or Couenants.

¶ Of bare Promises.

¶ Of bare Agreements.

¶ Of Contracts.

¶ The substance of Contracts.

¶ Of named Contracts.

¶ Of Contract [...] of the Law of Nations.

¶ Of Mutuation or lending of things which cannot be restored.

¶ Of Commodation or lending of things which may be restored.

¶ Of deposition or leauing with an other.

¶ Of Sequestration.

¶ Of Pledging and gaging.

¶ Of Pledges necessarie or voluntarie.

¶ Of Pledges generall and speciall.

¶ Of Contracts by consent.

¶ Of Buying and selling.

¶ What things may be sold.

¶ Of paiment and deliuerie of things solde,

¶ Of letting or hyring.

¶ Of Societie, Communion, or Felowship.

¶ Of a Societie generall or speciall.

¶ Of Gaines and Damages.

¶ Of Commaundement or Commission.

¶ Of Contracts named of the Ciuill Law of Stipulation.

¶ Of Contracts by writing.

¶ Of namelesse Contracts.

¶ Of Permutation or Exchange.

¶ Of improper contracts.

¶ Of Contracts mediate and immediate.

¶ Of the adiuncts of contracts.

¶ Of Accessions to contracts.

¶ Of Delayes.

¶ Of Estates and properties vniuersall, and fee simple.

¶ Of particuler Estates, and of Fee taile.

¶ Of Estates of freehold.

¶ Of estates of Chattels.

¶ Of possession in law and in deede.

¶ Of Remainders and Reuersions.

¶ Of Instruments, their definition and causes.

¶ Of the distribution of Instruments.

¶ Of deedes indented.

¶ Obseruations necessarie for the making of Instruments.

¶ Of the names and Additions of persons.

¶ Of the matters and things or facts whereof Instruments be made.

¶ What woords are to be vsed in the making of Instruments.

¶ Of the consequence of Deedes.

¶ Of the adiuncts or accīdents of Instruments.

¶ Of the date of deedes.

¶ Of the cause of considerations of deedes.

¶ Of Adiuncts proper to the consequence of Instruments.

SYMBOLEOGRAPHY. Of Couenants, Articles, Promises, Contracts, and Agreements &c.

¶ The wordes wherewith couenants be made or written.

¶ Or thus betweene two & two.

¶ Or thus betweene three and three.

¶ Couenants betweene Executors where the one granteth the goods to the other being bound to performe the will.

¶ Couenants to sue Statutes.

¶ Couenants to discharge Executors and procure release.

¶ Couenants to prosecute suite.

¶ Couenants to surrender copihold lands.

¶ Couenants touching the assignments of Executorship. Sect. 64.

¶ Couenants for speedy triall and quiet and indifferent occupation in the meane time.

¶ Couenants to make assurance.

¶ Couenants to assure lands to saue harmelesse of recognisances.

¶ Couenants to make assurance intaile, after a fine knowledged.

¶ A Couenant to sell but to the vendor.

¶ A Couenant not to take aduantage of former couenants if lands discended not, and to assure more lands to supplie the value.

¶ A Couenant for the shewing of Euidences, for the main­tenance of an others interest.

¶ A Couenant to deliuer Writings vpon notice of suit.

¶ A Couenant to leaue yron Milles furnished, in default of payment.

¶ A Couenant to be seised to the vse of lessees perfor­ming couenants.

¶ Couenants of an Vndershirife to execute his office, and to saue the high Shirife harmelesse.

¶ A Couenant for the shewing of Euidences, for the maintenance of an others interest.

¶ A Couenant to be seised to the vse of lessees performing couenants.

¶ A conueiance in iointure to sundrie vses restraining alienation and reseruing power to make iointures and leases.