Licensed,
Jan. 16. 1694/5.
The Scrivener's Guide.
BEING Choice and Approved Forms OF PRESIDENTS, OF All Sorts of Business now in use and practice, in a much better Method than any yet Printed; being useful for all Gentlemen, but chiefly for those who practise the Law, viz.
- Assignments,
- Articles of Agreement,
- Acquittances,
- Bargains and Sale,
- Bills,
- Conditions,
- Copartnerships,
- Covenants,
- Deeds,
- Defeazances,
- Grants,
- Joyntures,
- Indentures,
- Letters of Attorny,
- Licenses,
- Obligations,
- Provisoes,
- Presidents for Parish Business,
- Releases,
- Revocations,
- Wills,
- Warrants of Attorny, &c.
By Nicholas Covert, one of the Attornies of the Court of Common-Pleas.
The Second Edition, corrected by the Author, with many Additions made by him.
LONDON, Printed by the Assigns of Richard and Edward Atkins Esquires, for Charles Harper at the Flower de Luce over against St. Dunstans-Church in Fleetstreet, 1700.
TO THE READER.
THAT a New Book of this kind should come forth after so many already extant, some may wonder, who do not consider, that Presidents grow Obsolete, and New ones are made according to new Laws, or as the Notions of Men become more refined.
Of the First Sort, is a Bargain and Sale of Goods distrained for Rent, pag. 329. which with the Notes thereupon are a good direction how to proceed upon the late Act, impowring Land-Lords to sell Distresses for Rent, &c.
Of the Second Sort, are many never before Extant, and whereof every one is manifold more worth than the Price of the whole Book.
These Presidents being collected only for private Ʋse, without any design of being made publick, have most of them been lately executed, and undergone the Inspection and Perusal of Counsel learned in the Law. They are not all placed in Alphabetical Order, there being no need of such placing of them; because there is put before them an exact Table of what is contained in the Book.
The first Impression hereof having met with so kind a Reception, and been so well approved of by the Ingenious, that it was sold in a short time, hath encouraged the Author, for the publick Good, to make an Addition of several very useful Presidents of both sorts to this second Edition, never before Published, whereby the said Book is rendred much more useful and beneficial to the Candid and Ingenious Reader, which is the sole end and design of the Author.
THE TABLE.
- ARticles upon Purchase of Lands in Fee-simple, Page 1
- Covenants to make Assurance of Lands, 240
- The like with Covenants to pay the Charges, which the Bargainee shall be at in ejecting the Tenant in possession, 30
- Covenants between a Mortgagee and a Purchaser of the Redemption, That the Mortgagee shall assign upon payment of the Mortgage Mony, 26
- Covenants to convey Land in Consideration of Five shillings in hand, and residue to be paid at a day to come, without obliging the Buyer to pay; So that if he fails in payment, he may not pretend to have any Equity afterwards, 431
- Indenture of Covenants upon Contract for purchase [Page]of a Copyhold, where part of the Purchase Mony is paid, and the Purchaser is to be at liberty to proceed in the Purchase, or not, 34
- Covenants upon purchasing the Equity of Redemption of Copyhold-Lands mortgaged, 36
- A Declaration of Trust upon admitting two Lives into a Copyhold, with necessary Covenants, 28
- Articles for securing 1000 l. and paying Interest to two persons, until Lands can be purchased to the same uses, 19
- Articles of Agreement on a Marriage, concerning Settlement of Lands, 16
- Articles for dividing the Rent, and avoiding Survivorship between Jointenants of Lease Land, 3
- Articles between a Country Trader and a London Factor, 10
- Articles of Agreement between Creditors and the Widow of a Debtor, concerning Administration and paying Debts, 12
- Articles for dividing some Corn between two Partners in Husbandry, 39
- Articles between Jointenants, concerning cutting Corn, and dividing it in the Field, 41
- For Building a new House, and taking down an old one there, 6
- Covenants for Repairing the Steeple of a Church, 44
- Articles between a Merchant and his Apprentice's Father, &c. 7
- [Page]Agreement of Tenants of a Mannor, about ploughing a Common Field, 32
- Covenants for saving harmless a Bishop, in refusing to admit an unfit person to a Vicarage, 37
- Covenants for delivery of Wheat (sold) by two Bushels weekly, 43
- Such necessary Articles of Agreement between four Joint-Executors, as ought to be made between them, for the better execution of the Testator's Will, 23
- An Agreement of Copartnership between two Sales-men, with necessary Covenants, 46
- Covenants about assigning a Stock in the East-India Company, 22
- An Agreement of Composition for Debts, 24
- An Agreement of Creditors to accept their Debts at Four payments, abating Interest, 364
- For Covenants to levy Fines and suffer Recoveries. See Fines and Recoveries.
- An Indenture of Copartnership between Four, for Affairs domestick and foreign, with necessary Covenants, 293
- An Indenture on Separation of Copartners, 313
- An Indenture where two Apprentices having taken their Master's Shop, Covenant with his Executors to gather in his Debts, 317
- See Bonds with Conditions, which may easily be turned into Covenants.
- A General Release of all Demands, 62
- Mutual General Releases by Indenture, 68
- A Release of Errors in a Judgment, 63
- A General Release of Errors, 63
- A Release of an Annuity, 65
- A Release of Title to Lands, 64
- An Acquittance and Release of an Extent by an Administratrix, 66
- A Release to a Sheriff, for discharging a Prisoner, 67
- The like in a better Form, 67
- A short Release of the Equity of Redemption in a Term for years, mortgaged, 68
- An Acquittance in part of Purchase Mony, 168
- A Release of Dower, with Covenants not to sue for Dower, 245
- A Release from the Overseers of the Poor, to one who paid 20 l. to be freed from the keeping a Bastard Child, 286
- Articles between a Merchant and his Apprentice's Father, 7
- An Indenture where two Apprentices having taken their Master's Shop, Covenant with his Executors to gather in his Debts, 317
- [Page]Assigment of an Apprentice, 160
- Indenture of an Apprentice, put out by the Parish, 287
- A Discharge of an Apprentice, with a General Release to him, 362
- A short Assignment of an Annuity, 162
- A Grant of an Annuity or Rent for years, 383
- A Grant of the Moiety of an Annuity during Life, 145
- A Grant of a next Avoidance of a Rectory, 149
- The like of a Vicarage, with necessary Covenants, 150
- An Assignment of several Leases to two Assignees, made Tenants, in Common, and not Joint-tenants, 414
- An Assignment of a Mortgagee by a Term for years, 157
- An Assignment of a Lease for years, 161
- A Covenant to produce Writings for defence of the Title, 242
- An Assignment, or Bargain and Sale of Lands, extended upon a Recognizance, 135
- An Assignment, or Bargain and Sale of a Term for years, taken in Execution by a Sheriffs Bailiff upon a Fieri facias, 133
- An Assignment of a Judgment, 153
- A Letter of Attorny to receive Mony due from several persons. 156
- A short Assignment of a Bond, 159
- An Assignment of an Annuity, 162
- An Assignment of certain Debts by an Administratrix to Creditors, 163
- An Assignment of a Statute by an Administrator to two Creditors, 165
- An Assignment of several Bonds to a Trustee for a Widow, with consent of her intended Husband, that the Mony may be at her dispose after Marriage, 141
- An Assignment made by a Vicar of all Mony owing to him for Tythes, 151
- Assignment of Dower, 140
- A Letter of Attorny, or Proxy, appointing a Proctor in an Ecclesiastical Court, to procure a Guardian to be appointed for an Infant to sue an Administrator there for a Dividend, 69
- A Letter of Attorny to surrender Copyhold Land to the use of a Will, 70
- A Letter of Attorney to enter upon Land, and to Sue for the Recovery thereof, or compound, 71
- Letter of Attorney to appoint a Steward and Bailiff of a Mannor, and to keep Courts, 73
- A Letter of Attorney to take Possession of Land newly purchased, 73
- A Letter of Attorney from two Executors of a Bond Sued to a Judgment, 74
- A Letter of Attorney or Assignment of a Mans whole Estate, in consideration of several Debts and Ingagements, 75
- A Letter of Attorney to receive Mony which is not yet become due upon a Bond, 76
- A General Letter of Attorney, 77
- A Letter of Attorney, to Enter on Land and deliver a Lease, 78
- A Letter of Attorney to take Possession of a Messuage, extended by the Sheriff upon a Statute, 80
- A Letter of Attorney to receive Debts, 81
- [Page]A Revocation of a Letter of Attorney, 82
- A Letter of Attorney of several sums of Mony due from one person, 82
- A Letter of Attorney to Sue an Action of Covenant, 83
- A Letter of Attorney to demand Rent, and in default of payment to Re-enter according to a Proviso for such Re-entry contained in the Lease, 84
- The like Letter of Attorney from a Corporation 86
- The like Letter of Attorney where two several Rents are reserved on the Lease, 87
- A fit Endorsement to be made on such Letter of Attorney, for a Memorial of the Execution thereof, with Notes, how such Letter of Attorney is to be executed, 88
- Letter of Attorney to take admittance to Copyhold Lands, and after admittance to surrender, 88
- Letter of Attorney to appear at the Assizes, and Traverse an Indictment, and enter into Recognizance to prosecute, with Covenants for saving harmless, 91
- Letter of Attorney to submit to an Indictment, 92
- A Revocation of a Suit, and all Letters of Attorney to Sue, 362
- A Letter or Warrant of Attorney to acknowledge satisfaction of a Judgment, 363
- A Letter or Warrant of Attorney to confess a Judgment in Debt, 72
- [Page]A Letter of Attorney to confess Judgment upon a Bond 72
- Attornment of the Tenant in Possession Indorsed on a Bargain and Sale, 411
- Another Form, 412
- The like, 412
- A Covenant for the Attornment of Tenants, 242
- Attornment by a Collateral Deed, 412
- Attornment and Livery together, 413
- A Grant of the next Avoidance of a Rectory, 149
- The like of a Vicarage with necessary Covenants, 150
- An Award for payment of Mony and giving mutual Releases, 170
- BArgain and Sale to make a Tenant to the Precipe in order to suffer a Common Recovery, 232
- In a Bargain and Sale, a Covenant for Attornment of Tenants, 242
- A Bargain and Sale of Lands extended on a Recognizance, 135
- A Bargain and Sale by a Sheriffs Bailiff, of a Term for years taken in Execution upon a Fieri facias. 133
- A Bargain and Sale of Household stuff; 175
- Bargain and Sale of all Goods and Chattles, real and personal to save harmless a Surety, 171
- Bargain and Sale of Goods distrained for Rent, with necessary Notes, 329
- A short Bargain and Sale of Coppice-wood, where the price is partly paid, and agreed to be, 319
- Bargain and Sale of Trees and Coppise-woods, with Covenants to be saved harmless from Tithes, and other special Covenants 321
- A Lease for Years, of Tithes, 326
- Bargain and Sale of Under-woods, 180
- A Bill of Credit, 160
- A Single Bill for payment of Mony, 184
- A Penal Bill for payment of Mony, 167
- A Bond from one to one for payment of Mony, 92
- A Bond from two to one for payment of Mony on Demand, 93
- A Bond from one to two with Condition for payment of Mony at two several days, 94
- A Condition to save harmless from a Bond for payment of Mony, 95
- Condition to perform Covenants, ibid.
- Condition of a Bail Bond to the Sheriff upon Capias out of the Common Pleas, 96
- Conditions to perform the Award of Arbitrators, ibid.
- Condition to one to Dyet by the year, 97
- Condition to save harmless for paying Rent where the Title is in question, ibid.
- Condition to save harmless the Bail in an inferior Court, 98
- A better form, 116
- Condition to leave a Wife worth 100 l. 98
- Condition to pay Mony at day of Marriage or Death, 99
- Condition to deliver Hay and Oats, ibid.
- Condition to justifie all Actions commenced by virtue of a Letter of Attorney, 100
- Condition for a hired Servants truth, ibid.
- Condition to pay Rent, 101
- [Page]Condition to re-deliver a Bond, or pay the Mony thereon due, 102
- Condition to gather Rent and give account thereof, 103
- Condition for a Wife to make a Will, ibid.
- Condition to save harmless in being bound for appearance against the Obligor in the Common-Pleas, 104
- A Condition to save harmless for being bound in a Sheriffs Bond, 105
- Another Condition to save harmless for being bound in a Sheriffs Bond, 106
- Condition not to become Surety without License, ibid.
- Condition not to sell his Interest in a Shop before J. F. have refused to buy it, 107
- Condition to leath two parts in three of Land and Goods to his Wife, ibid.
- Condition where two Executors be, that each shall bear a part of what shall be recovered, for any Act done by the Testator, ibid.
- Condition that the Husband shall not sell a House and Goods, (whereof the Wife was seized before Marriage) during the Coverture, and to leave the same discharged of Incumbrances, if the Wife survive, 108
- Condition to make one free, 109
- Condition to become bound with another to the Obligee, who hath passed his word for the Debt of the Obligor, ibid.
- Condition that a Father having received a Legacy given to his Child, shall save the Executor [Page]harmless, 110
- Condition to pay back part of a Legacy, if any Debt of the Testator shall appear to be unpaid, 111
- Condition to make satisfaction if any mistake be found in an account made up, ibid.
- Condition to pay Mony during Life for Maintenance, 101
- Condition to save harmless the Bail, for the Defendant in the Common-Pleas, and for the Defendants paying the Condemnation Mony, or rendring himself to Prison if Judgment be against him, 112
- Condition for saving harmless a Bail without a Clause of the Defendants rendring himself to Prison, 113
- Condition for saving harmless the Plaintiffs Bail to prosecute in an inferior Court, 117
- Condition to save harmless the Bail for the Defendant in an inferior Court 116
- Condition to save harmless the Bail in the Common-Pleas, and pay the Charges which the Bail shall expend in defence, of the Suit, 114
- A Condition to save harmless for being Bail, in an Inferior, Court, 115
- Condition for saving harmless a Surety for a Person in the First-Fruits Office, 118
- Condition to pay a further Sum for a Fine upon renewing a Lease for Lives, in case one of the Lives in a former Lease be now dead and not living as is affirmed, 119
- [Page]Condition to give account and render the Stock delivered, to one who is to carry on a Trade at half profit, 120
- Condition to pay proportionable shares of the Charges of a Suit concerning a Common, 121
- A Parson presented to a Living gives Bond to resign upon request, 123
- A Condition to procure an Infant to convey Lands, when he comes of Age, 124
- Condition to Surrender Copyhold Lands, whereunto the Obligor is admitted in Trust for the Obligee, 124
- Condition for payment of Rent, and performance of other Agreements in a Lease Parol, 125
- Condition that the Obligor shall convey all his Estate unto the Obligee, 126
- Condition to pay 40 s. more for a Fine on admittance to a Copyhold, if the Lord have not another Fine for admittance to the same Land within three years, 127
- Condition to stand to Award of all Differences, except certain Special Matters, ibid.
- Bond upon Marriage with Condition to permit the Wife to dispose of 50 l. and the Obligor to pay the rest of her Estate to her two Cildren at full Age, 129
- Condition that the Obligor shall never Sue out Execution upon any Statute or Judgment against the Obligee, 130
- Condition upon an Adventure of Bottomree, 131
- [Page]A Bond with Condition to observe the Orders of a House of Chancery, 132
- A Bond to the Churchwardens and Overseers of the Poor, to save a Parish harmless upon inhabiting there, 285
- A Bond with Condition, that the Author of a Book shall take of the Booseller, undertaking to Print a certain Number at a price, 133
- See
- Agreements, which may be turned into Conditions of Bonds, as also many Conditions of Bonds into Articles of Agreement.
- COvenants for taking down an Old House and Building a New one, 6
- For repairing the Steeple of a Church, 44
- Certificate into the Exchequer, where neither the person nor any distress can be found for levying the Tex on his Office according to the Act of 4 s. per pound, 4 W. & M. 61
- Certificate of a Mans Honesty, 289
- In Consideration of Mony partly paid and partly secured, 337
- A Bargain and Sale for six Months, to make a Privity where the Inheritance is to be [Page]purchased by a Release of the Reversion, 349
- Release and Grant of the Reversion, 350
- A Conveyance by Release, and Recovery of one parcel to one Purchaser, and another parcel to another Purchaser, with necessary Covenants, 367
- A Bargain, Sale or Feoffment of House and Lands with some Covenants general and some special, 377
- A Conveyance by Fine,
- A Conveyance of Lands in Exchange, 209
- Two Jointenants in Fee, that they may be Tenants in Common, make a Feoffment by Lease and Release of one Moiety to the use of one, and of the other Moiety to the use of the other, 375
- Covenant, that the Grantor hath made no Incumbrance, 377
- That the Grantor is seized and hath power to fell, 379
- Covenant for quiet Enjoyment against the Grantor and all claiming under him, except a Lessee for years at a rack Rent, whereof the Purchasor is to receive parcel by Apportionment, 368, 371
- Covenant for quiet Enjoiment free from Incumbrances of the Grantor, 380
- [Page]Covenant for further Assurance, 369, 372, 381
- That the Purchaser shall pay a portion of the Quit-Rent to the chief Lord, 374
- That Under-Tenants shall attorn, 242
- That the Grantor will produce Writings for defence of the Title to the Lands sold, ibid.
- To pay back the Purchase Mony at the end of two years, if the Purchaser dislike; and the Purchaser to pay a further Sum, if he like the Bargain, 244
- To pay back the Purchase Mony if the Land sold, or any part thereof be evicted in ten years, 243
- That the Estate shall be void in default of payment of the Purchase Mony at a time limited, 248
- See more in Feoffments.
- The Form of a Covenant for two Persons, or more severally, with a Provisoe, that one shall not be charged with the breach of another, 247
- Indentures of Covenants and Agreements,
- vide Agreements.
- A Bill of Credit, 169
- INdenture of Covenants upon Contract for purchase of a Copyhold, where part of the Purchase Mony is paid, and the Purchaser is to be at liberty to proceed in the Purchase or not, 34
- Covenants upon purchasing the Equity of Redemption of Copyhold Lands mortgaged, 36
- A Declaration of Trust upon admitting two Lives into a Copyhold, with necessary Covenants, 28
- A Letter of Attorney to surrender Copyhold Land to the use of a Will, 70
- A Letter of Attorney to take admittance to Copyhold Lands, and after admittance to surrender, 89
- A Bond to surrender Copyhold Lands, whereunto the Obligor is admitted in Trust for the Obligee, 124
- A Bond to pay 40 s. more for a Fine on admittance to a Copyhold, if the Lord have not another Fine for admittance to the same Lands within three years, 127
- A Warrant to summon a Copyhold Court, 168
- A Declaration by a Wife, concerning a Sum of Mony, according to a Power reserved [Page]before Marriage, 176
- A Declaration of a Trust upon admitting two Lives into a Copyhold, with necessary Covenants, 28
- A Deed of Free Gift of all Goods and Chattles, 173
- A Deed to revoke Uses in a Settlement, according to the Proviso for that purpose, 174
- A Revocation of Uses in a Feoffment, and a Limitation in Fee, 267
- A Revocation of Uses, with the recital of the Proviso and a Limitation of other new Uses, 268
- A Defeazance of a Statute-Staple, 211
- A Defeazance of a Judgment, 212
- A Defeazance on a forfeited Mortgage, giving further time of payment, 213
- Dower assigned by the Heir, 140
- A Release of Dower, 245
- THe Examination of a Person robbed on the Highway, 289
- The Examination of a Person robbed by Three [Page]Men, one of whom he knew, 290
- A Warrant for a Hue and Cry after a Felon, 291
- A Warrant to Search for one who hath stolen a Gelding, 292
- A Deed of Exchange between a Vicar and another for Land of the Vicarage Glebe, 209
- A Covenant for a Fine, to be levied by Husband and Wife, 221
- For levying a Fine; a Covenant in a shorter Form, 222
- Covenant to levy a Fine by several persons, having separate Interests, 223
- Covenant to levy a Fine in a Court of ancient Demesn, 224
- Covenant to levy a Fine, with a render of an Estate for years, 225
- Covenant to levy a Fine, with a render of Rent, 226
- Covenant to levy a Fine, Sur concessit, for years, 227
- Covenant to levy a Fine, and suffer a Recovery with double Voucher, 228
- The Introduction of the uses of a Fine to be levied, 341
- [Page]The Introduction of the uses of a Fine levied 343
- The Introduction of the uses in a Feoffment, 349
- The like in a Release, 350
- A Deed of Free Gift of all Goods and Chattels, 173
- A Grant of an Annuity or Rent for years, 383
- A Grant of a Rent reserved by Lease, 136
- A Grant of a Rent-Charge, 137
- A Grant of a Reversion, 139
- A Grant of the Moiety of an Annuity during life, 145
- A Grant of a Stewardship of a Mannor during pleasure, 148
- A Grant of Next avoidance of a Rectory, 149
- A Grant of Next avoidance of a Vicarge, with necessary Covenants, 150
- Hue and Cry 291
- A Warrant to Search for one who has Stolen, a Gelding, 292
- A Joynture before Marriage, and Settlement of several parcels to several uses, with Proviso for Daughters and younger Sons, and that the Tenant for Life may make Leases for 21 years at rack Rents, 184
- A Joynture by Covenant, to stand seized with Covenants to Marry, and for payment of Marriage Portions, and other Special Covenants, 271
- A Settlement by Lease and Release in Consideration of a Marriage intended of Lands (which the Husband hath in Reversion after a Tenant for Life) to the Wife for her Joynture, with an Entail to the Sons and Daughters between them, 331
- A Proviso to make void the Use limited to the Wife, if she go about to depart with her Estate, 250
- Proviso for preserving the Estate to Children en Ventre sa Mere, 252
- Proviso That the Husband being Tenant for Life, may make a Joynture to any other Wife, if the present should die, 253
- Proviso, That a Tenant for Life may make a Joynture if he should Marry, 254, 390
- Another, To settle a Rent for a Joynture, 255
- [Page]Proviso, That an Estate for years limited to Trustees, shall be void after Daughters Portions paid, 261
- Proviso, That if other Lands be conveyed in lieu of those limited, then the Use in them to be to another, 262
- Proviso, To make void an Estate, if the Son marry without the Father's Consent, 263
- Proviso, That the Joynture shall be void, if the Wife claim Dower, 336
- Limitation to the Husband for Life, and after to the Wife for a Joynture, 352, 355
- Joynture after Marriage, 392
- Provision for a Separate Maintenance, 195
- A Leases for Years by Fine, Sur Concessit, 218
- A Lease of divers Houses, Lands, &c. with several Exceptions, Reservations of Rent, Proviso and Covenants, by which any Lease (as occasion is) may be drawn, 417
- A Licence to lett Lands, though prohibited by Lease, 198
- A Licence to hawk, hunt and fish, 199
- A Letter of Licence from a Creditor to a Debtor, 200
- [Page]An Agreement or Letter of Composition for Debts, 201
- A Letter of Licence from Creditors to an Administrator, and Composition made, 202
- A Licence for a Debtor to come from beyond Sea into England, and stay six Months, 205
- A Licence for a Petty Chapman, 206
- A Licence or Pass for a Poor Man, to go to his Friends, 206
- A Licence to Travel by Water on the Lordsday, 207
- A Licence to Travel on the Lords day, 208
- A Licence for a Badger of Corn, 208
- Limitation of Estates to the Husband and Wife for their Lives, without impeachment of Waste during life of the Husband, 351
- To the Husband for Life, and after to the Wife for Joynture, 352
- A Limitation of an Estate for years, determinable upon a Life, 353
- Limitation in Tail to the Brothers of the Feoffee, 354
- Limitation of a Use in Fee, determinable upon the Marriage, and then to other Uses, 355
- Limitation of Uses, with direction for disposing the Profits during the Heirs Minority, 355
- Limitation after an Estate for Life determined to the use of the Feoffee for 16 year, for assuring payment of Portions to younger [Page]Children, 357
- Limitation of Use to such as Cestuy que use for Life shall Devise the Premisses, 360
- How to dispose of Portions, if Daughters dye, ibid.
- Use for for Maintenance until Portions shall be paid, 361
- See Vses of Fines and Recoveries, and Settlements of Estates.
- Livery and Seisin by Feoffor to Feoffee in person, 410
- Livery by Attorney, named in the Deed, ibid.
- Another of the like, ibid.
- Another when the Letter of Attorney is in a several Deed, 411
- Livery and Attornment together, 413
- A Bond to leave a Wife worth an Hundred pounds, 98
- A Bond to pay Mony at Marriage or Death, 99
- A Bond, that a Wife may make a Will, 103
- A Bond to leave two parts in three of Lands and Goods to a Wife, 107
- A Bond that the Husband shall not sell a House and Goods of the Wife before Marriage, during the Coverture, and to leave the same discharged of Incumbrances, if the Wife
- Assignment of an Apprentice, 160
- Agreement of Composition for Debts, 24
- A Deed to revoke Uses in a Settlement, according to a Power reserved, 174
- A Declaration by a Wife, concerning the disposing a Sum of Mony, according to a Power reserved before Marriage, 176
- A Protection by a Member of Parliament, 183
- A Warrant to Summon a Copyhold Court, 168
- A Bill of Credit, 169
- A Revoation of a Suit, 362
- A Discharge of an Apprentice, with a General Release to him, ibid.
- A Certificate into the Exchequer, where neither the Person nor any Distress can be found for levying the Tax on his Office, according to the Act of 4 s per Pound, 4 W. & M. 61
- Scriptum admissionis Capellani Proceris, 330
- Several Forms of expressing the Considerations of a Conveyance or setling of Estates, 337, 338 339, 340
- Preservation of Contingent Uses, in case the particular Estate determine before they come in Esse, 188
- The Form of Covenants severally, and not joyntly, 247, 248
- A Mortgage by Bargain and Sale of all Goods and Chattels real and personal, to save harmless a Surety, 171
- Proviso of a Mortgage, to save harmless a Surety from all Engagements for the Mortgagor, 249
- A Mortgage by Demise partly for Mony lent, and partly for Security of the Mortgagee, being Surety for other Debts of the Mortgagor, 364
- Covenants between a Mortgagee and a Purchaser of the Redemption, that that Mortgagee shall assign upon payment of the Mortgage Money, 26
- Covenants upon purchasing the Equity of Redemption of Copyhold Lands, mortgaged, 36
- An assignment of a Mortgage of a Term for years, 157
- A Warrant for the Overseers of the Poor, to name other fit Persons, 277
- A Warrant for making new Overseers of the Poor, ibid.
- [Page]A Warrant to make Overseers of the Poor, impowering them and the Churchwardens to collect and distrain for the Poor Tax, 278
- A Confirmation of the Poor Tax, with Warrant to levy it on Defaulters, 279
- A Warrant to levy the Arrears due to the Parish by the former Overseers account, ibid.
- A Warrant to distrain for the Poor Tax, 280
- A Mittimus of one attached by his Body for want of a Distress, for a Poor Tax, 281
- A Warrant to remove out of a Parish, one lately come thither, and likely to be chargable, 282
- A Warrant to send a Wife and Child to her Husband, 283
- A Warrant for apprehending one for returning to the Parish from whence he was removed, 284
- A Warrant to pay Arrears and continue weekly Relief to Poor persons, 285
- A Bond and Condition to the Churchwardens and Overseers, to save a Parish harmless upon inhabiting there, ibid.
- An Indenture of an Apprentice put out by the Parish, 287
- A Release to one who paid 20 l. to be freed from keeping a Bastard Child, 286
- AN Indenture of Partition of Lands between Tenants in Common, who have several Interests in divers respects, 214
- An Agreement of Tenants of a Mannor about their proportions in a Common Field. 32
- Articles for dividing the Rent, and avoiding between Joint-tenants of Lease Lands, 3
- Articles for dividing Corn between two Partners in Husbandry, 39
- Articles between Joint-tenants, concerning cutting Corn and dividing it in the Field, 41
- An Agreement of Partnership between two Salesmen, with necessary Covenants, 46
- Necessary Covenants between Joint Executors, 23
- An Indenture of Partnership between four for affairs Domestick and Foreign, with necessary Covenants, 293
- An Indenture on separation of Copartnership, 313
- A Proxy, appointing a Proctor in an Ecclesiastical Court, to procure a Guardian to be admitted for an Infant, to Sue an Administrator for a Dividend. 69
- Protection by Member a of Parliament, 183
- A Revocation of a Protection, 184
- Articles upon Purchase of Lands in Fee-simple, 1
- Covenants to make Assurance of Lands, 240
- The like with Covenants to pay the Charges which the Bargainee shall be at in Ejecting the Tenant in Possession, 30
- Covenants between a Mortgagee and a Purchaser of the Redemption, that the Mortgagee shall assign upon payment of the Mortgage Mony, 26
- Covenants to convey Lands in consideration of 5 s. in Hand, and residue to be paid at a day to come, without obliging the Buyer to pay, 431
- Indenture of Covenants upon contract for Purchase of a Copyhold, where part of the purchase Mony is paid, and the Purchaser is to be at liberty to proceed in the purchase or not, 34
- Covenants upon purchasing the equity of redemption of Copyhold Lands mortgaged, 36
- Articles for securing 1000 l. and paying Interest to two persons, until Lands, can be purchased to the same uses, 19
- Covenants to make Assurance of Lands by Recovery or otherwise, 240
- TO Levy a Fine and suffer Recovery with double Voucher, 228
- To suffer a Recovery with double Voucher, The Tenant to the Precipe being already made by Deed, 230
- A Bargain and Sale to make a Tenant to the Precipe for a Common Recovery, 232
- A Covenant to suffer a Recovery with a Recital of the Bargain and Sale, whereby a Tenant to the Precipe was made, 232
- A Covenant to suffer a Recovery with double Voucher by several Writs, of Lands in several Counties, 233
- Covenant to suffer Recovery with single Voucher, 235
- Another for the like, shorter, 236
- Covenant that a Husband and his Wife being Tenants for Life, of the Wife, and he in Reversion shall suffer a Recovery in London, 237
- Covenant to make a Tenant to the Precipe and suffer a Recovery with double Voucher London, ibid.
- Covenant to suffer a Recovery in a Court-Baron, 239
- Covenant to make assurance of Lands by recovery or otherwise, 240
- [Page]The Introduction of the Uses of a Recovery to be had with double Voucher, 343
- The like of a Recovery with single Voucher, 347
- The like of a Recovery already suffered, 346
- The like of a Recovery with single Voucher already had, 348
- Releases, vide Acquittances,
- A Grant of the Stewardship of a Mannor during Pleasure, 148
- A Conveyance or Settlement of Lands to the Feoffor for Life, with Remainder to his Heirs, and appointment of the profits during Minority to pay Debts, 385
- Settlement by Fine to the use the Cognizor, his Wife and Children, 388
- A Settlement by Fine and Recovery to the use of the Cognizor and his Wife for Life in lieu of a Jointure, with Remainder to Trustees for ten years, to pay Debts and Legacies, and afterwards to the right Heirs of Cognizor, 392
- Settlement to Feoffor for Life, Remainder to Feoffee for 16 years, to assure Portions to younger Children, 357
- Tenant by Courtesie of part, and of other part in Fee with the Son Reversioner in Fee, by Fine and Recovery settle to the Father for Life, Remainder to Son, with divers Limitations [Page]in Tail, and a power to make Leases for raising Daughters Portions, and 1500 l. for a second Son, 396
- A way to preserve contingent Uses in case the particular Estate determine before they come in Esse, 404
- A Conveyance or Settlement whereby a Man settles an Estate on himself, and divers Estates for Life, and in Tail by Covenant to stand seized, 408
- Forms of expressing the consideration of Settlements, 337, 338, 339, 349
- Settlement be Lease and Release to uses, 349, 350
- Limitations of Estates for Life, 351
- Limitation of an Estate for years determinable upon a Life, 353
- Limitation in tail to the Brothers of the Feoffor, 354
- Limitation of uses and direction of the profits during the Heirs Minority, 355
- Proviso to revoke and limt new uses, 264, 265
- Another with exception of Leases made, 266
- A Proviso to make void an Estate, if the Son Marry without the Fathers consent, 263
- A Proviso to make void the use limited to the Wife, if she go about to depart with her Estate, 250
- A Proviso for preserving the Estate to Children in Ventre sa Mere, 252
- A Proviso that the Husband being Tenant for Life may make a Jointure to any other Wife, [Page]if the present should die, 253
- A Proxiso that a Tenants for Life may make a Jointure if he Marry, 254, 390
- Another to Settle a Rent for a Jointure, 255
- Proviso that Tenant for Life and his Issue may make Leases and Jointures by Deed or Will 257
- Proviso, that Tenant for Life may make Leases for what Terms and Rents he pleaseth, 259
- Proviso that an Estate limited to Daughters shall cease, on payment of their Portions, by the Heir, 260
- A Deed to revoke uses in a Settlement according to a power reserved, 174
- Survivorship.
- See Partnership.
- Voluntary Settlements,
- See in Settlements.
- Limitation of uses,
- See Fines, Recoveries. Sttlements and Limitation.
- A Warrant to acknowledge satisfaction on a Judgment 363
- A Warrant to confess a Judgment in Debt, 72
- A Warrant to confess a Judgment upon a Bond ibid.
- A Warrant to keep Court,
- A Warrant to summon a Copyhold Court, 168
- The Form of the beginning of a Will, 182
- A Clause in a Will to enable the Executor to sell Lands, 169
BOOKS Printed for, and Sold by Charles Harper at the Flower-de-Luce over-against St. Dunstan's Church in Fleet-Street.
Law-Books.
THE Reports of Sir Peyton Ventris, Knight, late one of the Justices of the Common-Pleas, in two Parts. The first containing select Cases adjudged in the King's-Bench, in the Reign of King Charles II. The Second Part, containing choice Cases, adjudged in the Common-Pleas, in the Reign of King Charles II. and King James II. and in the three first years of his now Majesty, King William and the late Queen Mary, while he was a Judge in the said Court, with the Pleadings to the same; with the allowance and Approbation of the Lord Keeper and all the Judges. Two Volumes. Folio. Pr. 1 l. 14 s.
The Second Part of Modern Reports, being a Collection of several special Cases, most of them adjudged in the Court of Common-Pleas in the 26, 27 28, 29, and 30 Years of the Reign of King Charles II. when Sir Francis North was Chief Justice of the said Court: To which are added several select Cases in the Courts of Chancery, King's-Bench, and Exchequer; Carefully collected by a Learned Hand. Printed 1698. Price 12 s.
The Third Part of Modern Reports being a Collection of several special Cases in the Court of [Page] King's Bench; in the last years of the Reign of King Charles II. in the Reign of King James II. and in the two first years of his present Majesty: Together with the Resolutions and Judgments thereupon; None of these Cases ever printed before: Carefully collected by a Learned Hand. Price 14 s.
The Lord Coke's Reports in English. Folio.
Judge Crook's Reports in three Volumes, the third Edition, with Reference to all the Late Reports,
The Lord Coke's Commentary on Littleton. Folio.
—His Commentary on Magna Charta. Folio.
—His Pleas of the Crown, or the third part of the Institutes. Folio.
—His Jurisdiction of Courts, or fourth Part of the Institutes.
—His Eleven Reports in French. Folio
Bulstrode's Reports, with new References. Folio
Leonard's Reports in Four Parts, with New References. Folio.
The Year-Books in ten Volumes, the last Edition, with new Notes and Tables to them all. Folio.
The Reports of the Lord Keeper Littleton, in the time of King Charles the First. Folio.
The Reports of the Learned Judge, Sir Henry Hobert, the Fourth Edition corrected and amended. Folio.
Reports in the Court of King's-Bench at Westminster, from the 12th to the thirtieth Year of King Charles the Second: By Joseph Keble of Grays-Inn, Esq; In three Volumes. Folio.
Kelway's Reports, with new References to all the late Reports; By Joseph Washington, Esq;
Reports of several especial Cases in the Court of Common-Pleas, in the Reign of King Charles the II. By S. Carter of the Inner-Temple, Esq; Folio.
An Assistance to Justices of the Peace, for the easier performance of their Duty: the first part containing the particular Clauses, of all such Statutes, [Page]from Magna Charta, until the first of King James II. that do any ways concern a Justice of Peace; in the other part, the whole Office of a Justice of Peace is methodically digested, with the most approved Presidents under proper Heads; to which is now added a Table for the ready finding out the Presidents, with a large Table of the Matters never before Printed: By Jos. Keble of Grays-Inn, Esquire.
An exact Abridgment of the Records in the Tower of London, being of great Use for all that are concerned in Parliamentary Affairs, and Professors of the Laws of this Realm: Collected by Sir Robert Cotton, Knight and Baronet. Folio.
The Commentary of Edward Plowden, Esq; with References: whereunto is added his Quaeries. Fol.
The Laws in Jamaica in II. Parts, in Fol. with a large Map of the Island.
An exact Abridgment of the Statutes of King William and Queen Mary, and of King William III. in Force and use. Begun by Joseph Washington of the Middle-Temple Esq; and since his Death revised and continued to the End of the last Sessions of Parliament, April 27. 1696. And thence continued to the 5th of July, 1698. 8vo. Price 6. s. 6 d.
The Scrivener's Guide; being choice and approved Forms of Precedents of all sorts of Business now in Use and Practice, in a much better Method then any yet Printed: being useful for all Gentlemen, but chiefly those who Practise the Law. 8vo.
Styles's Practical Register begun in the Reign of King Charles the First, Consisting of Rules, Orders, and principal Observations concerning the Practice of the Common-Law in the Courts of Westminster, particularly, the King's-Bench, as well in Matters Criminal as Civil: Carefully continued down to this time. The third Edition. 8vo. Price 6 s.
An exact Abridgment of all the Statutes in Form and Use, from the beginning of Magna Charta; begun by Edmund Wingate, and since continued by J. Washington, to the Year 1689. In this Impression many hundred of false References are corrected, Price, 7 s.
Two Dialogues in English between a Doctor of Divinity, and a Student of the Laws of England, of the Grounds of the said Laws, &c. Price 2 s. 6 d.
The New Natura Brevium of the most Reverend Judge Mr. Anthony Fitzherbert, Corrected and revised.
The Laws against Bankrupts, or a Treatise wherein the Statutes against Bankrupts are explained: By T. Gooding, Serjeant at Law, 8vo.
The Entring Clerk's Vade Mecum; being an Exact Collection of Presidents, in 8vo. By W. Brown.
Divinity and Miscellanies.
THE Life of our Blessed Lord and Saviour Jesus Chirst. An Heroic Poem: Dedicated to Her most Sacred Majesty, in Ten Books, Attempted by Samuel Wesley, M. A. each Book illustrated by necessary Notes, explaining all the more difficult Matters in the whole History. Also a Prefatory Discourse concerning Heroic Poetry. The second Edition revised by the Author, and improved with the Addition of a large Map of the Holy-Land; and a Table of the Principal Matters; with 60 Copper-Plates, by the celebrated Hand of W. Faithorn. Fol.
An Epistle to a Friend concerning Poetry. By Samuel Wesley, A. M. Author of the Life of Christ.
The Pious Communicant rightly prepar'd; Or a Discourse concerning the Blessed Sacrament; where the Nature of it is described, our Obligation to frequent Communion enforced, and Directions given for due Preparation for it, Behaviour at, and after it, and profiting by it. With Prayers and Hymns suited to the several parts of that Holy Office. To [Page]which is added a short Discourse of Baptism. With a Letter concerning Religious Societies. In Twelves. By Samuel Wesley, A. M. Chaplain to the most Honourable John Lord Marquess of Normanby, and Rector of Epworth in the Diocese of Lincoln: Author of the Life or our Blessed Lord and Saviour Jesus Christ.
The Second and third part of the Works of Mr. Abraham Cowley. The second containing what was written and published by himself in his younger Years, Re-printed together: The sixth Edition. The third Part containing his six Books of Plants, viz. The first and second of Herbs, the third and fourth of Flowers, the fifth and sixth of Trees: Now made English by several Hands, with necessary Tables to both Parts, and diver Poems in praise of the Author. Folio.
The Lives of the Roman Emperors from Domitian where Suetonius ends, to Constantine the Great. Containing those of Nerva and Trajan, from Dion Cassius: A Translation of the Six Writers of the Augustean History. And those of Dioclesian and his Associates, from Eusebius and others; with the Heads of the Emperors in Copper-plates: Dedicated to His most Sacred Majesty; in two Volumes. By J. Bernard, A.M.
Resolves: Divine, Moral, Political. With several New Additions, in Prose and Verse. In this Eleventh Edition, References are made to the Poetical Citations heretofore much wanted. By Owen Felltham, Esquire. Folio, Price 12 s.
The Works of the Famous Nicholas Machiavel, Citizen and Secretary of Florence. Newly and faithfully Translated into English. Folio. Price 15 s.
The Whole Duty of Man, according to the Law of Nature, by that Famous Civilian, Sam. Puffendorf. Now made English. 8vo. Price 3 s. 6 d.
Dr. Willis's Practice of Physick, being the whole Works of that Famous Physitian, rendred into [Page]English: The Second Edition, with forty Copper-Plates. Fol.
The Historical and Miscellanious Tracts of the Reverend and Learned Peter Heylin, D.D. now collected into one Volume. And an Account of the Life of the Author, never before published. Folio.
The Religion of Protestants, a Safe way to Salvation; with a Discouse of the Apostolical Institution of Episcopacy. By W. Chillingworth, M. A. To which in this Edition is added his Letter, shewing the Reason why he left Popery. Folio.
The History of Queen Elizabeth, by W. Cambden, King at Arms. Fourth Edition. Folio.
An Impartial Collection of the great Affairs of State, from the beginning of the Scotch Rebellion in the Year 1639. to the Murder of King Charles the First. Fol. In two Volumes. By Dr. Nalson.
Dugdale's Monasticon Anglicanum. Folio. In three Volumes.
The History of King Edward II. King of England, and Lord of Ireland, Folio.
Dr Willis's Practice of Physick 8vo. With his Treatise of the Plague. Price 7 s.
Arithmetick; Or, the Ground of Arts: Teaching the Science, both in whole Numbers and Fractions, Theorically and Practically. Originally Compos'd by Dr. Record, and others: And now Perused, Corrected, new Methodized, much Improved: And thereunto added a New Treatise of Decimals, with the Demonstration of each Rule, and the relation it has to Vulgar Fractions; Also why Decimals are wrought as whole Numbers, &c. By Edw. Hatton, Philomercat. Price 5. s.
Bishop Usher's Power of the Prince, and the Obedience required of the Subject, with a large Preface by Bishop Sanderson. 8vo.
Animadversions on a Book, Entituled The Theory of the Earth. By Herbert Lord Bishop of Hereford.
School-Books.
LInguae Romanae Dictionarium Luculentum Novum: A New Dictionary in five Alphabets; representing, 1st. The English Words and Phrases before the Latin. 2. The Latin Classic before the English. 3. The Latin Proper Names of Persons, Counties, &c. 4. The Latin barbarous. 5. The Law Latin. The whole compleated and improved from the several Works of Stevens, Cooper, Gouldman, Holyoke, Dr. Littleton; A Large Manuscript in three Volumes of Mr. John Milton, &c. In the use of all which, for greater Fxactness, recourse has always been had to the Authors themselves, in 4to.
Cole's Dictionary in 8vo, English and Latin, and Latin and English.
The Pantheon. Representing the Fabulous Histories of the Heathen Gods, and most Illustrious Heroes, in a short plain, and familiar Method; by way of Dialogue: Written by F. Pomey for the use of Schools: The second Edition. Wherein the whole Translation is Revised and much amended, and the Work is Illustrated and Adorned with Elegant Copper-Cuts of the several Deities. 8vo, Price 3 s.
English Examples to Lily's Grammar Rules for Childrens Latin Exercises, with an Explanation to each Rule. For the Use of Eaton-School.
— Shorter Examples to Lily's Grammar Rules for Childrens Latin Exercises; with an Explanation to each Rule; for the use of Eaton School, by the same Author.
Gratii Falisci Cynegeticon, cum Poematio Cognomine M. A. Olympii Nemesiani Carthaginensis: Notis perpetuis, variis (que) Lectionibus adornavit Thomas Johnson M. A. Accedunt Hier. Fracastorii Alcon, Carmen Pastoritium: Jo Caii, Angli, de Canibus Libellus: Ut & Opusculum vetus [...] dict. seu, de Cura canum, Incerto Auctore. In Usum Illiustrissimi Ducis Glocestriae.
THE Scrivener's Guide.
Articles upon purchase of Lands in Fee simple.
Articles of Agreement, indented, made, concluded and agreed unto upon the 10th day of December, &c. Between W. C. of London, Gent. of the one part, and T. C. of, &c. of the other part, viz.
IMprimis, The said W. C. for the consideration of 5 l. to him by the said T. C. before the sealing hereof, well and truly in hand paid, and 930 l. more to be paid as is after herein mentioned, for himself, his Heirs, Executors and Administrators, and every of them, doth covenant, promise and grant to and with the said T. C. his Executors, Administrators and Assigns, and every of them by these presents, That he the said W. C. his Heirs, Executors, Administrators and Assigns, shall and will at the proper costs and charges in the Law of the said T. C. his Heirs and Assigns, on or before the 10th day of March, next ensuing the date hereof, make, seal, deliver, do, execute and acknowledge all and every such Act and Acts, Deed and Deeds, Fine and Fines, Assurances or other Conveyances in the Law whatsoever, as he the said T. C. his Heirs, Executors or Assigns, or his or their Council [Page 2]learned in the Law shall reasonably devise, advise or require for the sure conveying, setling and assuring unto the said T. C. his Heirs, Executors, Administrators and Assigns all those Lands, &c. now in the occupation of C. D. or Assigns: In consideration whereof he the said T. C. for himself, his Heirs, Executors and Administrators doth covenant, promise and grant to and with the said W.C. his Heirs, Executors, Administrators and Assigns by these presents, That he the said T.C. his, &c. or some of them, shall and will well and truly satisfie, content and pay, or cause to be satisfied, contented and paid unto the said W. C. his Heirs, Executors, Administrators and Assigns the aforesaid 935 l. immediately after he the said W. C. his Heirs or Assigns, shall have levied and acknowledged a Fine of the premises aforesaid, to the sole and proper use of the said T. C. his Heirs and Assigns for ever.
Item, It is agreed between the said parties to these presents, That all Assurances and Conveyances, and any and all Fine and Fines hereafter to be had, levied and acknowledged of the premisses before-mentioned, shall be and enure, and shall be deemed and taken to be and enure to the only proper use, benefit and behoof of him the said T. C. his Heirs and Assigns for ever, and to no other use, intent or purpose whatsoever.
Lastly, It is agreed, That if the said W. C. doth not travel in person to London or Westminster, to levy and acknowledge such Fine for the sure setling of the premisses unto the said T. C. then he the said W. C. his Executors, Administrators or Assigns, shall pay and allow unto the said T. C. his Heirs or Assigns, at the acknowledging of such Fine, the Sum of 12 s. and 1 d. for and toward his charges in procuring of a Writ of Dedimus potestatem to enable him the said W.C. to acknowledge the said Fine in the Country.
In witness, &c.
Articles for dividing the Rent and avoiding Survivorship, between Jointenants of Lease-Lands.
Articles, &c. Between J. F. of, &c. of the one part, and R. C. of the other part, viz.
IMprimis, Whereas J.V. of, &c. by his Indenture of Lease bearing date, &c. for the consideration therein mentioned did demise, grant and to farm let unto A.V. of, &c. all that Messuage, &c. with the Appurtenances, situate, lying and being in, &c. To have and to hold the said Messuage, &c. unto the said A. V. his Executors, Administrators and Assigns from the Feast of St. Michael then last past, unto the full end and term of seven years from thence next ensuing, fully to be compleat and ended, yielding and paying therefore the Sum of 20 l. of lawful Mony of England, as in and by the said recited Lease it doth more at large appear. And whereas the said A. V. by his Indenture of Lease bearing date, &c. for the consideration therein mentioned, did demise, grant and to farm-let unto F. J. of, &c. two Chambers and a Cellar, being part of the Messuage or Tenement wherein the said A. V. did then live, with all conveniences and appurtenances to the said Chambers and Cellar belonging; To have and to hold the said two Chambers and Cellar unto the said F. J. his Executors, Administrators and Assigns from the day of the date of the last mentioned Indenture of Lease, unto the full end and term of five years from thence next ensuing, and fully to be compleat and ended, Yeilding and paying therefore yearly and every year during the said term, the sum of 8 l. of lawful Mony of England, as in and by the said last recited Lease it doth more at large appear. And whereas the Estate, Right, Title, Interest and Term of years to come of him the said [Page 4] J. V. of, in, and to the above-recited premisses, and every part thereof, is lawfully come to and vested in the above-named J. F. and R. C. by force and virtue of one Indenture of Assignment, bearing date, &c. made by the said J. V. unto the said J. F. and R. C. as in and by the said Indenture of Assignment it doth more at large appear. And whereas also the said J. F. and R. C. by their Indenture of Lease, bearing date the, &c. for the consideration therein mentioned, did demise, grant and to farm-let unto D. C. of, &c. one Chamber and a Shop, being part of the premisses first above-recited; To have and to hold the said Chamber and Shop, with the appurtenances unto the said D. C. his Executors, Administrators and Assigns, from, &c. next ensuing the said last mentioned Indenture of Lease, until the full end and term of three years from thence next ensuing, and fully to be compleat and ended, Yielding and paying therefore yearly and every year, the Sum of 14 l. of lawful Mony of England, as in and by the said last recited Indenture of Lease it doth more fully appear. Now it is covenanted, concluded and agreed, by and between the said parties to these presents; and the true intent and meaning of either of them is, That forasmuch as either of them the parties above-named, have disbursed and paid equally their shares of Mony towards and for the purchasing of the premisses before-mentioned, that the several aforesaid Rents of Twenty pounds, Eight pounds and Fourteen pounds, in and by the said several recited Leases reserved shall be equally divided and shared between the said parties to these presents. And if either of the said parties to these presents shall happen to die before the end and expiration of the term and terms of years in the said several Indentures of Lease before-recited contained, that then and from thenceforth it shall and may be lawful to and for the Executors, Administrators [Page 5]and Assigns of the party deceased, to have, occupy, receive, take and enjoy the full and entire moiety or half part of all the Rents, Issues and Profits of all and singular the before-recited premisses with the appurtenances, in as large and ample man ner and form, to all intents and purposes as the party so dying should or ought to have done, if he were then living, any Restraint, Provision or Statute to the contrary notwithstanding; and that neither of the said Parties, nor the Executors, Administrators or Assigns of them, or either of them, shall or will at any time hereafter take, demand or receive any of the Rents above-reserved, or make or give any discharge or acquittance, of or for the same, or any part thereof, without the assent and privity of the other party, his Executors, Administrators or Assigns, first had and given under their hand.
Item, It is farther covenanted, concluded and agreed unto by and between the said parties to these presents, That neither of the said Parties, nor the Executors, Administrators or Assigns of them or of either of them, shall or will at any time or times hereafter, grant bargain, sell, assign, surrender or convey his or their Estate or Estates, right, title, interest, term or terms of years to come, of, in or to all or any part of the before-recited premisses, to any person or persons whatsoever, without the knowledge, consent or refusal of the other party first had, or of his Executors, Administrators or Assigns, he or they paying as much as any other shall and will give and pay for the same.
Lastly, It is covenanted, concluded and fully agreed upon, by and between the said Parties to these presents, That all and every the several Deeds and Writings before-recited shall be reputed, deemed and taken to be and enure to the joint use and uses, benefit and commodity of both the said parties, their Executors, Administrators and Assigns, [Page 6]and to no other use, intent or purpose whatsoever: And that the party so keeping the said writings, his Executors, Administrators or Assigns, shall and will upon the reasonable request of the other party his Executors, Administrators or Assigns, at all times hereafter, produce and bring forth all and every, or so many of the same Writings as shall be required, either for the maintenance of their Title to the premisses, or for the selling and conveying of his and their Estate and Interest, of and in the moiety of all or any part of the said recited premisses.
In Witness, &c.
Articles for building a new House, and taking down the old one there.
Articles, &c. Betwen J. F. and R. C. viz.
IMprimis, The said R. C. for himself, his Executors, Administrators and Assigns, doth covenant, promise and grant to and with the said J. F. his Executors, Administrators and Assigns by these presents, in manner and form following; That is to say, That he the said R. C. his Executors, Administrators and Assigns, or some of them, for the Consideration hereafter mentioned, shall and will forthwith take down the now Dwelling-house of the said J. F. situate, &c. and in the room thereof shall make, erect, build and set up one new Tenement or Dwelling-house, to be 40 Foot wide and 50 Foot long together with a Cellar of the same length and breadth, and shall also make four Rooms on each Floor, and shall find and provide at his own proper costs and charges, all and all manner of Tyles, Bricks, Laths, Nails, Lead, Iron, Sand and Lime, and all other Materials whatsoever, which shall be fit and necessary to be used in or about the said Building, and shall carry away [Page 7]all Rubbish whatsoever, which shall arise by reason of the said Building, and shall and will in all things well and workman-like frame, erect, set up and finish the said Building at or before the 10th day of March, next ensuing the date hereof.
In Consideration of which said Building, so to be done and finished in manner and form aforesaid, the said J. F. for himself, his Executors and Administrators, doth covenant and grant to and with the said R. C. his Executors, Administrators and Assigns, by these presents, in manner and form following; That is to say, That the said J. F. his Executors, Administrators and Assigns, or some of them, shall and will well and truly pay, or cause to be paid unto the said R. C. his Executors, Administrators or Assigns the sum of 250 l. of lawful Mony of England, at three several payments, in manner and form following; That is to say, Fifty pounds thereof in hand, at and before the ensealing and delivery hereof, the receipt whereof the said R. C. doth hereby acknowledge, and thereof doth acquit and discharge the said J. F. his Executors, Administrators and Assigns by these presents, One hundred pounds more when the Roof of the said Bulding is framed and tiled, and One hundred pounds more residue, in full payment of the said sum of Two hundred and fifty pounds, when the whole Building is fully compleated and finished.
In witness, &c.
Articles between a Merchant and his Apprentice's Father, &c.
Articles, &c. between J.F. and R.C. and D. C. viz.
WHereas the said J. F. the day of the date hereof, in consideration of the Affection which he the said J. F. beareth to the said R. C. is contented [Page 8]and agreed to take the said R. C. to be his Servant in merchandizing Affairs, and accordingly to employ him therein, as well in parts beyond the Seas, as in England, where the said J. F. shall or may hereafter, or now hath Trading and Dealings for the space of seven years, to commence from the day of the date of these presents. And hereupon the said D. C. Father to the said R. C. doth covenant and grant for himself, his Executors, Administrators and Assigns, to and with the said J. F. his Executors, Administrators and Assigns, That he the said R. C. his Son shall, during the said Term, (if he so long live) well, diligently and faithfully, to the utmost of his power and skill, serve him the said J. F. in his Trade of Merchandizing, and other his Affairs, in such place and places as he the said J. F. shall think fit and appoint: And that he the said R. C. at all times hereafter, during the said Term, shall receive and take into his charge and custody all such Goods and Merchandizes whatsoever, as by or for the use or account of the said J. F. shall be consigned or sent to him the said R. C. and also sell, utter and dispose of the same Goods or Merchandizes to the best profit he can for the said J. F. his Executors, Administrators or Assigns; and shall also at all times during the said Term, follow and perform the advice, directions and orders of him the said J. F. which shall by Letters or otherwise be sent, given or made known to him the said R. C. about or concerning the Factory or Merchandizing aforesaid; and also, that he the said R. C. shall at the charges of the said J. F. his, &c. provide and keep in due order Books of account, concerning his said Employment as aforesaid, according to the custom of Merchants in such cases; and shall deal justly, truly and faithfully, to and with the said J. F. his, &c. in all and every his Accounts, Reckonings, Bargains and Dealings, relating to and concerning [Page 9]his said Employment; and shall constantly once in six Months, during the Term aforesaid, transmit and send unto the said J. F. his, &c. true Accounts of all the Businesses and Dealings of the said R. C. in the premisses, and shall also send Letters of Advice to the said J. F. his, &c. as often as conveniently he can, of such Matters and Occurrences wherewith it shall be proper and expedient, that the said J. F. his, &c. be acquainted: And shall also return and come into England, and bring all his Books of Accounts with him, whenever he shall be required so to do by the said J. F. his, &c. And that the said R. C. shall from time to time, upon reasonable Request made, shew forth all his Books of Accounts concerning all his dealings, as aforesaid, and make and give unto the said J. F. his, &c. a just, true and perfect Account in Writing, of, for and concerning all and every such Goods, Wares, Mony, Debts and Merchandizes, whatsoever, as well of the said J.F. for his own proper use, as joyntly with any other, which shall hereafter come to the hands, charge or factory of him the said R. C. or for which he the said R. C. should or ought to be accountable unto the said J. F. his Executors, Administrators or Assigns. And moreover, That he the said R. C. shall within one Month next after such Account made and given in, well and truly satisfie, pay and deliver unto the said J. F. his Executors, Administrators or Assigns, all and every such Wares, Mony, Goods, Debts and Merchandizes and other things whatsoever, as by or upon the foot of the said Account shall appear to be, and be found due unto him the said J. F. his Executors, Administrators or Assigns, by or from the said R. C.
Note. Bonds must be given for performance.
Articles of Agreement between a Country Trader, and a London Factor.
Articles of Agreement made, indented, concluded and agreed upon, the, &c. Between R. C. of, &c. and J. F. of, &c.
WHereas the said R. C. hath contracted and agreed with the said J. F. to employ him as a Factor in London for him the said R. C. for the vending, selling and uttering of all such Wares and Merchandizes as he the said R. C. shall consign and send unto the said J. F. in his now Dwelling-house in Clements-Lane, for and during the term and space of four years, to commence from the day of the date of these presents.
Whereupon it is covenanted, granted, concluded and agreed by and between the said R. C. and J. F. And they the said R. C. and J. F. for themselves, their Executors and Administrators, do covenant and grant to and with each other reciprocally, and either of their Executors and Administrators in manner and form following:
Imprimis, That he the said J. F. shall and will accept and take into his trust, charge and custody, all such Wares and Merchandizes as he the said R. C. shall send and consign to him the said J. F. And also shall do his best indeavour to vend and sell the same for the best profit and advantage of the said R.C. for and during the said Term of four years, to commence from the day of the date of these presents, as aforesaid.
Item, That he the said J. F. shall keep or cause to be kept just and true Books of Account in Writing of all such Wares and Merchandizes as the said R. C. shall from time to time, during the said Term, consign unto the said J. F. and shall come [Page 11]into his charge and custody; that is to say, to whom, and at what price, and when they shall be sold and vended by him the said J. F. And shall also make true payment and delivery unto the said R. C. his Executors, Administrators or Assigns, of all such Monies, Specialties and other things as shall come to the hands of, and be received by the said J. F. for the said Wares and Merchandizes, during the Term aforesaid, together with all such Wares and Merchandizes as shall remain unsold in the custody of the said J. F. at the expiration of the said Term.
Item, That he the said J. F. shall be true and faithful unto the said R. C. in the selling and vending of all Wares and Merchandizes of the said R. C. during the said Term, and not defraud or cheat the said R. C. wilfully or with his knowledge in the premisses; but shall endeavour to vend the said Kerseys to able Men, for the best Prizes, and soonest day or time of payment he can.
Item, That the said J. F. shall not, during the said four years, deal or trade as Factor for any other person or persons, for the buying or selling of any Wares or Merchandizes whatsoever, save only for him the said R. C. as aforesaid.
Item, The said R. C. for and in consideration of the said Factorship, doth covenant and agree, for himself, his Executors and Administrators, to pay unto the said J. F. his Executors or Administrators the Sum of 30 l. per Ann. of lawful Mony of England.
In witness, &c.
Articles of Agreement between Creditors, and the Widow of a Debtor, concerning Administration and paying Debts.
Articles of Agreement Tripartite, Indented, made the, &c. Between the Creditors of R. C. late of, &c. deceased (whose Names, together with the Debts severally to them owing, are specified in a Schedule to these presents annexed) on the first part, C. R. of, &c. Creditor also of the said R. C. of the second part, and J. C. of, &c. Widow of the said R. C. of the third part, viz.
IMprimis, The said Creditors, and every of them, have agreed, and by these presents do agree with the said C. R. and J. C. That the said C. R. shall and may have and take the Administration of all the Goods and Chattels which were of the said R. C. deceased, according to the Laws of this Realm, to dispose of and Administer the same according to the tenure of these present Articles, and not otherwise.
Item, That in consideration of such pains as the said C. R. shall take and be at in and about the said Administration, the said C. R. upon his true and reasonable account thereof made before such Auditors as the said Creditors, or the greater part of them, shall assign to take the said Account, shall have allowance of all his reasonable costs and charges as well in Suits at Law as otherwise, by him to be expended about the said Administration; and also that the said C. R. at every dividend making shall and may retain for and towards his own Debt owing by the said J. C. so much as shall be an equal portion with what he shall divide and pay to the other Creditors, according to the quantity of their several and respective Debts.
Item, That the said C. R. shall before any dividend made, pay or cause to be paid unto the said J. C. for satisfaction of her Title of Dower in the late Mansion house of the said R. C. situate, &c. the Sum of 50 l. of lawful Mony of England, or shall deliver unto her so much of her said late Husband's Goods as shall amount to that value, according to a reasonable estimation; and likewise for the Funeral-charges of the said R. C. 15 l. of &c. and also shall deliver to her the said J. C. to her own use, or suffer her to detain and keep to her own use and behoof all her Apparel and Ornaments belonging to her Body, and such other things as she and the Creditors have agreed, as may appear by Writing under their hands.
Item, That the said C. R. so soon as reasonably may be, after the said Letters of Administration granted, shall with and by the consent, and in the presence of, &c. or three of them, cause all the Goods, Chattels and Debts within the Realm of England which were belonging to the said R. C. at the time of his decease, to be viewed and appraised by indifferent Persons, and a true Inventory thereof to be made, according to the Custom used in such cases within the City of London.
Item, That the said J. C. for her part shall and will use her best endeavour to discover and make known all and singular the Goods, Chattels and Debts of the said R. C. to the said C. R. and the other persons before-mentioned, without concealment or delay.
Item, That after the Goods, Chattels and Credits of the said R.C. shall be so viewed and praised, and an Inventory thereof made and taken as aforesaid; That then as well for the satisfying and payment of what is to be first satisfied and paid in manner and form aforesaid, as towards the equal payment of the said Creditors, the said C. R. shall by the [Page 14]consent and oversight of the said, &c. or any two of them, make such speedy Sale at the best Rates he can of all the Goods and Chattels which were of the said R. C. within the Realm of England, other than such as be appointed for the said J. C. as aforesaid, and make such speed to gather in and obtain such Debts as were owing unto the said R. C. at the time of his decease, as he reasonably can or may: And then after the satisfaction and payment before-mentioned to be first satisfied and paid, being first had and made, shall from time to time proportion and divide all the residue of the Estate of the said R. C. as shall come to his hands unto every of his said Creditors, share and share alike, according to the quantities of their several Debts, from time to time, and as often as he the said C. R. shall have any thing whereof such dividend can be made, until all the said Creditors shall be paid and satisfied their said Debts, if the Goods and Chattels of the said R. C. shall be sufficient so to do.
Item, That F. J. one of the Creditors in the said Schedule mentioned, shall enjoy all such Goods and Debts which were of the said R. C. and which the said F. J. hath now attached beyond the Seas, towards the payment of such Debts as the said R. C. did owe there to him; and thereof the said F. J. so soon, as conveniently may be to shew the Account to the said C. R. and four, or three of the said Creditors at the least. And if more be recovered beyond the Seas by the said F. J. of the Goods and Debts late of the said R. C. than the Debts so owing by the said R. C. at the time of his decease, to the said F. J. there, That then he the said F. J. shall accept of the overplus towards payment of his Debt owing here in England.
Item, That none of the parties aforesaid shall or will do or procure any thing to be done by any [Page 15]Suit or Action against the said C. R. or any other person, whereby the performance of these present Agreements or any of them, shall or may in any wise be impeached, troubled or hindred; and that every of them shall revoke and discharge all and every Suit and Suits commenced theretofore, which shall or may be any impediment or hindrance of the true performance of the Articles and Agreement herein contained.
Item, The said C. R. doth hereby agree to take upon him the said Administration, and to administer truly and faithfully, according to the true intent and meaning of these presents; and if there shall be more than is sufficient to satisfie and pay all the said Creditors their several Debts, That then upon reasonable Request to him made, and a Discharge for the same to him given by the said J.C. her Executors or Administrators, he the said C. R. shall and will well and truly pay or cause to be paid the remainder thereof unto the said J. C. her Executors or Administrators, she or they giving good Security to the said C. R. by her or their Bond to repay the same, or so much thereof as shall be lawfully and truly recovered by any other Creditor of the said R. C.
Item, If any Creditor or Creditors of the said R. C. not party to these presents, do at any time commence any Action or Suit against the said C. R. as Administrator of the Goods and Chattels of the said R. C. and the said Creditor or Creditors shall lawfully without fraud or covin recover their said Debt or Debts against the said Administrator: In such case it is agreed by and between all the said Parties to these presents, That all the Creditors, Parties to these presents, whose Debts shall be paid in part or in all, according to this Agreement, shall out of their several Dividends allow, satisfie and pay part and part alike unto the said [Page 16] C. R. as will satisfie and discharge the said Debt or Debts, and damages and costs of Suit for the same, the said C. R. likewise allowing his proportionable share toward the same.
Item, It is further agreed, That if any Creditor or Creditors of the said R. C. not being parties to these presents, shall or do commence any Suit or Suits against the said C. R. as Administrator of the said R. C. Then the said C. R. shall thereof give Notice unto all the said Creditors, Parties to these presents, or to three of them at the least, to the end they may joyn with the said C. R. in defence of the said Suit.
All and every which Agreements aforesaid, and every Article and Clause therein, every one of the said parties on their several behalves, and for their several Executors and Administrators, do covenant, promise and grant, to and with all and each other of the Parties, their several Executors and Administrators, well and truly to perform and keep, without fraud or deceit.
In witness, &c.
Articles of Agreement on a Marriage, concerning Settlement of Lands.
Articles of Agreement indented, made, concluded and agreed upon the, &c. Between R. C. C. R. J. F. and F. J. of the one part, and A. B. of the other part, of, for and concerning a Marriage to be solemnized and had between the said A. B. and B. A. one of the Daughters of C. A. late &c. deceased, viz.
IMprimis, The said A. B. doth covenant, promise and agree with the said R. C. C. R. J. F. and F. J. That he the said A. B. shall and will before the 10th day of March, &c. next coming, take to Wife the said B. A. if she will thereunto consent and agree.
Item, The said A. B. doth covenant and promise That he shall and will, before the end of next Hillary Term, together with F. B. and S. B. levy a Fine unto such persons as shall be named by the said R. C. C. R. J. F. and F. J. the which Fine shall be Sur conusance de droit come ceo, &c. of Lands, Tenements and Hereditaments in the County of S. of the clear yearly value of 50 l. of, &c. The which Cognizees in the said Fine so to be acknowledged, and their Heirs, shall be seised of the said Lands, &c. comprized in the said Fine from the time of the Celebration of the said Marriage between the said A. and B. to the use and behoof of the said A. B. and B. and of the heirs Male of the Body of the said A. B. to be begotten on the Body of the said B. And for lack of such Issue, then to the use the said A. B. and of the heirs Male of his Body lawfully to be begotten; and for want of such Issue, to the uses in an Entail thereof made by one E. B. deceased, Father of the said A. B. mentioned, limited and declared.
Item, The said A. B. doth covenant, promise and agree, in manner and form above-said, That he shall and will within the time and space of two years next ensuing the date hereof, purchase, obtain and procure Lands and Tenements of the clear and yearly value of 50 l. to be lawfully assured and conveyed unto him the said A. and to the said B. and to the Heirs Males, &c. upon the Body of the said B. to be begotten, with the Remainder of the said Lands, &c. to the said A. B. and his Heirs for ever. And if the said A. B. do happen to depart this life within the said two years now next ensuing, as aforesaid; and before he hath purchased, obtained and procured Lands, &c. of the yearly value of 50 l. in manner and form aforesaid, Then shall the said A. B. leave, give and bequeath unto the said B. by his last Will and [Page 18]Testament, or otherwise, the full sum of 500 l. of lawfuy Mony of England, over and above such part and portion as she the said B. may justly and lawfully claim and challenge by the Custom of the City of London.
Item, The said A. B. doth covenant and agree, That if the said B. shall happen to decease before him the said A. B. that then it shall and may be lawful to and for the said B. by her last Will and Testament, to give and bequeath the full Sum of 100 l. of, &c. to any persons or persons whatsoever. And the said A. B. doth by these presents firmly covenant and agree, to content and pay the said Sum of 100 l. to such person, or persons to whom the said B. shall Will and Bequeath the same, or any part thereof, within three Months next after her decease; any Law or Custom to the contrary notwithstanding,
Item, The said A. B. doth by these presents, for himself his Executors and Administrators, covenant, promise and agree to and with the said R. C. C. R. J. F. and F. J. their Executors and Administrators, That if after the full Portion or Legacy due to her him the said B.A. be fully contented and paid unto the said A. B. there shall appear any Debt or Sum of Mony, to be lawfully due and unpaid to any person or persons, from and by the late Father of the said B. and which his Executors shall be compellable and liable to pay; That then he the said A. B. his Executors and Administrators, shall contribute and allow one half toward the satisfaction and payment of such Debt.
In witness, &c.
Articles for securing 1000 l. and paying Interest to two Persons, until Lands can be purchased to the same uses.
THis Indenture Tripartite, made, &c. Between M. B. of &c. of the first part; C. B. of, &c. of the second part; and J. P. and W. T. of, &c. of the third part. Whereas the said M. B. was lately seized of Freehold for term of her Life, of and in divers Messuages, Lands and Tenements in T. in the County of O. the Reversion thereof belonging to the said C. B. and his Heirs, upon the death of the said M. And the said M. and C. being so seized, did bargain, sell and convey all the said Messuages, Lands and Tenements unto J. S. of T. aforesaid Gent. and his Heirs, for and in Consideration of the entire Sum of 1000 l. for the purchase of the several Interests of the said M. and C. in the premisses, by the said J. S. paid into the hands of the said J. P. and W. T. for the use of the said M. and C. To the intent and purpose, and upon agreement, that by and out of the said Sum of 1000 l. or the Interest and profit thereof, the yearly Sum of 40 l. might be paid and secured unto the said M. during her Life; and all the rest of the said 1000 l. and the benefit thereof, to be for the only use of the said C. and be disposed as is herein after mentioned. Now this Indenture witnesseth, That in pursuance of the Agreement aforesaid, the said J. P. and W. T. do jointly and severally, for them and either of themselves, their and either of their Heirs, Executors and Administrators, covenant and grant to and with the said C. B. his Executors and Administrators by these presents, That the said J. P. and W. T. their Executors or Administrators (some or one of them having Notice by the space of three [Page 20]Months before) shall and will at the now Dwelling-house of the said J. P. and W. T. in L. aforesaid, well and truly pay, or cause to be paid, the said Sum of 1000 l. to such person or persons, and in such manner and form as the said C. B. his Executors or Administrators shall direct or appoint, upon the sealing and executing a good and sufficient Conveyance and Assurance in the Law, for the payment of one Annuity or yearly Sum of 40 l. (to be issuing and going out of Lands or Tenements of Freehold in Fee-simple, or for Term of three Lives, or holden by a Lease for a Term of 50 years, at the least, unexpired, of the clear yearly value of 50 l. above Reprisals, and free from Incumbrances, to be approved by the said M. B.) to be paid unto the said M. B. and her Assigns, yearly and every year, during her Natural Life, at the Feasts of the Birth of our Lord, the Annunciation of the Blessed Virgin Mary, the Nativity of St. John the Baptist, and St. Michael the Arch-angel, by equal portions: The first payment thereof to begin and be made at such of the said Feasts as shall first and next happen after the sealing and executing such Conveyance and Assurance, as aforesaid. And also, That they the said J. P. and W. T. their Executors or Administrators, yearly and every year, during the Life of the said M. B. or untill the Sealing and Executing such Conveyance and Assurance as aforesaid, at the place aforesaid, shall and will well and truly pay, or cause to be paid unto the said C. B. his Executors or Administrators 20 l. of lawful Mony of England at the four Feasts aforesaid, by equal portions, the first payment thereof to begin and be made at the Feast of the Birth of our Lord next coming. And also, That if default shall be made of Sealing and Executing such Conveyance and Assurance, as aforesaid, for payment of the said 40 l. per Annum unto the said M. B. during her Life; Then the said J. P. [Page 21]and W. T. their Executors or Administrators, shall and will within three Months next after such the death of the said M.B. at the place aforesaid, well and truly pay or cause to be paid unto the said C. B his Executors or Administrators, the said 1000 l. together with so much Mony as shall or may be grown due for the Interest or Forbearance of the said 1000 l. after the rate by Law allowed, from such of the said four Feasts aforesaid, as shall happen next before the death of the said M. B. until such payment of the said 1000 l. And the said J. P. and W. T. do joyntly and severally, for them and either of themselves, their and either of their Heirs, Executors and Administrators, covenant and grant to and with the said M. B. her Executors and Administrators by these presents, That they the said J. P. and W. T. their Executors or Administrators, yearly and every year, during the Life of the said M. B. or until the Sealing and Executing such conveyance and Assurance, as aforesaid, shall and will at the Place aforesaid, well and truly pay or cause to be paid unto the said M. B. or her Assigns, 40 l. of lawful Mony of England at the four Feasts aforesaid by equal portions, the first payment to begin and be made at the Feast of the Birth of our Lord next coming. Provided always, That if the said J. P. and W. T. their Executors or Administrators, (the said C. B. his Executors or Administrators, and the said M. B. having Notice by the space of three months before) do or shall at any time during the Life of the said M. B. at the place aforesaid, pay or cause to be paid unto the said C.B. his Executors or Administrators, and the said M.B. the said Sum of 1000 l. by such part, shares and proportions as they shall by Writing under their Hands and Seals direct and appoint, with so much of the said yearly Sums of twenty pounds and Forty pounds, as shall be then respectively unpaid unto [Page 22]the said C. B. and M. B. ratably and proportionably for the time the same shall be arrear; That then and from thenceforth, and at all times after this present Indenture, and all and every Covenant, Clause and Article therein contained, shall cease and become void. Any thing herein contained to the contrary notwithstanding.
In witness, &c.
Covenants about assigning a Stock in the East-India Company.
THis Indenture, &c. made between A. B. of the one part, and C. D. of the other part, Witnesseth, That in consideration of three Guinea's to the said A. B. by the said C. D. in hand paid, at and before the sealing and delivery hereof, the Receipt whereof the said A. B. doth hereby acknowledge. The said A. B. doth hereby covenant, promise and agree, to and with the said C. D. his Executors, Administrators and Assigns, That if the said C. D. his Executors, Administrators or Assigns shall transfer, or cause to be transferred, One hundred pounds Credit of the General Joint-Stock of the Governour and Company of the Merchants of London, Trading to the East-Indies, to the said A. B. his Executors, Administrators or Assigns, at any time, on or before the 19th day of September now next following: And thereof shall give Notice or Warning in Writing at the now Dwelling-house of the said A.B. situate in Cheapside, London, three days at the least before such Transfer of the said One hundred pounds Credit, That then the said A. B. his Executors, Administrators or Assigns, shall and will accept the, said One hundred pounds Credit, and also shall and will well and truly pay, or cause to be paid unto the said C. D. his Executors, Administrators or Assigns for the same, at the time of such Transferring thereof, as aforesaid, the full Sum of Seventy [Page 23]five pounds of lawful mony of England; together with all such Sum and Sums of mony as shall after the date hereof, and before such Transfer, become due or payable into the said Joint Stock, on account of the said One hundred pounds Credit, by virtue of any Order of a General Court, or Court of Committee, that shall hereafter be made, Then and in such case all Dividends and Profits that shall after the date hereof, and before such Transfer, be Voted, Ordered, made, arise or happen, on or in respect of the said One hundred pounds Credit, shall be and remain to the said A. B. his Executors, Administrators and Assigns, and be deducted out of the said Seventy five pounds, so as aforesaid to be paid to the said C. D. his Executors, Administrators or Assigns. But, if the said C. D. his Executors, Administrators or Assigns, shall not Transfer or cause to be Transferred unto the said A. B. his Executors, Administrators or Assigns, the said One hundred pounds Credit, as aforesaid, within the time aforesaid, then this Indenture to be void and of none effect; and the said three Guinea's to remain to the said A. B. his Executors and Administrators for ever.
In witness, &c.
Such Necessary Articles of Agreement between four Joint-Executors, as ought to be made between them for the better Execution of the Will.
Articles of Agreement quadripartite, indented, had, made, concluded and agreed upon, &c. between W. C. of, &c. of the first part, A. C. of, &c. of the second part. W. L. of, &c. of the third part, and T.D. of, &c. of the fourth part, as followeth.
WHereas R. P. late of W. in the County of S. Yeoman, the 20th day of May last past before the date of these Presents, made his last Will [Page 24]and Testament in writting, and thereby did make and appoint the said W.C. A. G. W.L, and T. D. Executors of his last Will; and shortly after the making thereof died, as by the said Will may appear.
Now for the better Execution of the said Will it is covenanted and agreed between the said Executors in manner and form following (that is to say) First, the said W. C. doth for himself, his Heirs, Executors, and Administrators covenant, promise, grant and agree to and with the said A. C. W. L. and T. D. their Executors and Administrators by these presents, that the said W. C. shall not, nor will not acquit, release or discharge any Debt, Duty or sum of mony due unto the said R. P. in his Life time, nor any Debt, Duty or Sum of Mony due unto the said W. C. A. C. W. L. and T. D. by reason or means of the Execution of the last Will and Testament of the said R. P. nor acquit, release, discharge discontinue or otherwise adnul any Suit, Action, Cause, Plaint, or other Legal Proceeding to be by them brought prosecuted or commenced for any matter, cause or thing whatsoever touching the execution of the last Will and Testament of the said R. P. without the special license and consent of the said A. C. W. L. and T. D. the survivors and survivor of them, therein or thereto first had and obtained: And also that he the said W. C. his Executors and Administrators shall and will from time to time, and at all times hereafter, at and upon every reasonable request of the said A. C. W. L. and T. D. and the survivors and survivor of them give and deliver upon unto them, and the survivors and survivor of them, a true, exact and just particular of all and singular sum and sums of Mony, as well such as have been received, as such as have been disbursed by the said W. C. in, about or concerning the execution of the last Will and Testament [Page 25]of the said R. P. and shall and will acquit and discharge the said A. C. W. L. and T. D. their Executors and Administrators, of, and from all sum and sums of Mony received, or to be received by the said W. C. in and about the execution of the last Will and Testament of the said R. P. of, from and against all and every person and persons, to whom such sum and sums of Mony doth, shall or may of right belong and appertain; and such sum and sums of Mony so by him received, or to be received, shall and will pay, dispose and imploy, as by the said last Will and Testament of the said R. P. is directed, limited and appointed: And also that he the said W. C. his Executors and Administrators shall and will from time to time, and at all times hereafter, sustain, bear, pay, and discharge the fourth part, or one part in four parts to be divided, of all costs, charges and expences, which they the said W. C. A. C. W. L. and T. D. and the survivors and survivor of them shall any way sustain, bear, pay or be put unto by prosecuting or defending of any suit in Law or Equity, or otherwise, by occasion, means or reason of the execution of the last will and Testament of the said R. P. without fraud or guile. And also that he the said W. C. shall and will assist and concur with the said A. C. W. L. and T. D. the survivors and survivor of them, in and about the payment of the Debts of the said Testator R. P. and of the Legacies given and disposed by the said R. P. in his said last Will, and in the selling and disposing of the Lands, Tenements and Hereditaments of the said R. P. by the said Will of the said R. P. appointed to be sold, and in all other things tending to the due Execution of the said last Will and Testament of the said R. P. without fraud or guile: And the said A. C. doth Covenant, &c. mutatis mutandis, and so of the rest.
In witness whereof to one part of these present Articles to be remaining, with the said W. C. the said A. C. W. L. and T. D. have set their Hands and Seals, and to another part, &c.
Covenants between a Mortgagee and a Purchaser of the Redemption, That the Mortgagee shall assign upon payment of the Mortgage Mony.
THis Indenture made, &c. Between R. S. of, &c. of the one part, and W. B. of, &c. Merchant, of the other part. Whereas T. F. of L. Jeweller, and S. his Wife, late called S.C. by their Indenture of Release bearing date, &c. for and in Consideration of 100 l. to them in hand paid, did grant release and confirm unto the said R. S. and W. S. of, &c. aforesaid, Victualler, their Heirs and Assigns for ever, All that Massuage or Tenement, with the appurtenances, late in the occupation of G. S. Doctor in Divinity, situate lying and being on, &c. aforesaid, between a Messuage or Tenement in the occupation of R. T. Gent. on the North, and a Messuage called W. in the occupation of T. P. on the South; and upon a certain Proviso or Condition in the same Indenture contained for making void thereof, If the said T. F. should Pay unto the said R. S. 106 l. at several days then to come, and yet not past. And whereas the said W. B. hath contracted and agreed with the said T. F. to purchase of and from the said T. F. the redemption and benefit of redemption of the premisses. Now this Indenture witnesseth, That it is covenanced and agreed between the said parties to this Indenture; and the said R. S. doth for himself, his Heirs, Executors and Administrators, covenant and grant to and with the said W. B. his Heirs and Assigns by these presents, That if the said W. B. or his [Page 27]Heirs, do or shall before the, &c. next coming, purchase of and from the said T. F. the Redemption of the premisses. And also, If the said W. B. his Heirs or Assigns, do or shall upon the said, &c. next coming, well and truly pay or cause to be paid unto the said R. S. &c. of lawful Mony of England, being the Principal Mony lent upon Security of the premisses, and the Interest which will then be due for the forbearance thereof; Then they the said R. S. and W. S. or their Heirs, shall and will by good and sufficient conveyance and assurance in the Law, well and sufficiently to be executed at the request, and at the costs and charges of the said W. B. his Heirs or Assigns, well and sufficiently convey and assure unto the said W. B. his Heirs and Assigns, or to such person or persons as he or they shall direct or appoint; all the said Messuage or Tenement, with the appurtenances, before herein mentioned, with Covenants in such Conveyance to be comprized, for their enjoying all the said Messuage or Tenement, with the appurtenances, without any let or interruption, of or by the said R. S. and W. S. or either of them, their or either of their Heirs or Assigns, or any other person or persons whatsoever, claiming or which shall claim by, from or under them, or any of them, free, clear and discharged from all Incumbrances, by them or any of them, done or to be done or suffered. And the said W. B. doth for himself, his Heirs, Executors and Administrators, covenant and grant to and with the said R. S. his Executors and Administrators by these presents, That he the said W. B. his Heirs or Assigns, shall and will well and truly pay or cause to be paid unto the said R. S. his Executors or Administrators, the, &c. upon the said, &c. next coming, without fraud or delay.
In witness, &c.
Note, On all Purchases where there is a present Mortgage not presently taken in, it is best to have such Covenants for avoiding Suits in Chancery about the Redemption and other Inconveniences.
A Declaration of a Trust upon admitting two Lives into a Copyhold, with necessary Covenants.
THis Indenture Tripartite, made, &c. Between H. E. of, &c. of the first part, T. B. of, &c. of the second part, and G. S. of, &c. of the third part. Whereas the said G. S. &c. hath this present day granted unto the said H. E. and T. B. one Messuage and 16 Acres of Land, with the appurtenances, in the Parish of B. within the Mannor aforesaid; To have and to hold unto the said H. E. and his Assigns, for term of his Life, (immediately after the death or other forfeiture of the Estate of J. P who holdeth the premisses, for the term of his Life;) and after the death of them the said J. P. and H.E. To have and to hold the premisses aforesaid, with the appurtenances, unto the said T. and his Assigns, for and during the term of his Natural Life, by Copy of Court-Roll, at the Will of the Lord, according to the Custom of the Mannor aforesaid in Trust, to surrender the same Premisses at the request of the said G. S. and to such uses as he shall direct. Now this Indenture witnesseth, that the said H. E. doth for himself, his Executors and Administrators, covenant and grant to and with the said G. S. his Executors and Administrators by these presents, That he the said H. E. shall and will upon the request, and at the cost and charges of the said G. S. his Executors or Administrators, surrender into the hands of the Lord of the Mannor aforesaid, the said Messuage and Premisses, with the appurtenances, and all his Estate and Interest [Page 29]therein, in such manner and to such use and uses as the said G. S. his Executors or Administrators shall direct or appoint: And in the mean time, until such Surrender as aforesaid, shall and will permit and suffer the said G. S. his Executors and Administrators peaceably and quietly to have, hold and enjoy the said Messuage and Premisses, with the appurtenances, and the Rents, Issues and Profits thereof to receive and take up to and for his and their own use, without any let or interruption of or by the said H. E. his Executors, Admistrators or Assigns. And the said T. B. doth for himself, his Executors and Administrators, covenant and grant to and with the said G. S. his Executors and Administrators by these presents, That he the said T. B. shall and will upon the request and at the costs and charges of the said G. S his Executors or Administrators, surrender into the hands of the Lord of the Mannor aforesaid, the said Messuage and Premisses, with the appurtenances, and all his Estate and Interest therein, in such manner and to such use and uses as the said G. S. his Executors or Administrators shall direct or appoint: And in the mean time, until such Surrender as aforesaid, shall and will permit and suffer the said G. S. his Executors and Administrators peaceably and quietly to have hold and enjoy the said Messuage and Premisses, with the appurtenances, and the Rents, Issues and Profits thereof to receive and take up, to and for his and their own use, without any let or interruption, of or by the said T. B. his Executors, Administrators or Assigns. And because it is uncertain whether the said Premisses be Heriotable or not, The said G. S. doth for himself his Executors and Administrators, covenant and grant to and with the said H. E. his Executors and Administrators by these presents, That he the said G. S. his Executors or [Page 30]Administrators, shall and will upon the request of the Executors or Administrators of the said H. E. well and truly pay or cause to be paid unto the said Executors or Administrators of the said H. so much mony as any Beast which shall be taken or seized for, or in the Name of a Heriot for the said Premisses, upon the death of the said H. E shall be worth at the time of such taking. And the said G. S. doth for himself, his Executors and Administrators covenant and grant to and with the said T. B. his Executors and Administrators by these presents, That he the said G. S. his Executors or Administrators, shall and will upon the request of the Executors or Administrators of the said T. B. well and truly pay or cause to be paid unto the said Executors or Administrators of the said T. so much Mony as any Beast which shall be taken or seized for or in the Name of a Heriot for the said Premisses, upon the death of the said T. B. shall be worth at the time of such taking.
In witness, &c.
Articles for purchasing of a Messuage, with a Covenant, That the Grantor shall pay the Charge which the Grantee shall expend in ejecting the Tenant in possession.
Articles of Agreement Indented, had, made concluded and agreed upon, &c. Between A. P. of &c. in the County of S. Widow, of the one part, and T. A. of, &c. Gent. of the other part, viz.
FIrst, The said A. P. for and in consideration of 5 s. of lawful Mony of England, to her in hand paid by the said T. A. and of 270 l. and 15 s. of like lawful Mony, to be paid in such manner [Page 31]as is after herein mentioned, doth covenant, promise, grant and agree for her self, her Heirs, Executors and Administrators, to and with the said T. A. his Heirs and Assigns, by these presents, That she the said A. P. or her Heirs, shall and will before the 25th day of December next ensuing the date hereof, at the costs and charges in the Law of the said T. A. his Heirs or Assigns, by good and sufficient conveyance and assurance in the Law, well and sufficiently executed, convey and assure, or cause to be conveyed and assured unto the said T. A. and his Heirs aforesaid, all that Messuage or Tenement, &c. with their appurtenances situate, lying and being in, &c. now in the occupation of R. P Gent. with Covenants and Warranty in such conveyance and assurance to be comprized, That the said T. A. his Heirs and Assigns, shall hold and enjoy for ever the said Messuage, or Tenement and Premisses, with the appurtenances, against the said A.P. and her Heirs, and without any let, trouble, interruption, or contradiction of or by the said A. P. or T. G. or G. G. Son of J. G. Father of the said A. P their Heirs or Assigns, or any of them, or any other person or persons claiming in, by, from or under her, them, or any of them. And for being discharged or saved harmless of and from all Jointures, Dowers and Titles of Dower, Charges, Titles, Troubles, Burthens and Incumbrances whatsoever, had, commited, done or suffered, or to be had committed, or done by the said A.P. T.G. J.G. G.G. or either of them, their or either of their Heirs or Assigns. And for making any further lawful and reasonable assurance in the Law at the costs and charges of the said T. A. as shall be reasonably advised or devised by the said T. A. his Heirs or Assigns, or by his or their Council learned in the Laws, during the space of, &c. next ensuing the date of such Conveyance so to be made, [Page 32]with all other fit and reasonable Covenants to be comprised in such Conveyance and Assurance.
Item, The said A. P. doth further Covenant, &c. That she the said A. P. her Heirs, Executors or Administrators, shall and will within 40 days next after Notice and Request made, well and truly pay or cause to be paid unto the said T. A. his Heirs or Assigns all such Sum and Sums of Mony, as he or they shall at any time hereafter necessarily expend, lay out or disburse in ejecting or putting out the said R. P. out of the possession of the said Messuage or Tenement, and premisses, with the appurtenances, and recovering the possession thereof unto the said T. A. his Heirs and Assigns, by due course of Law.
Item, The said T. A. doth covenant, &c. That he the said T. A. his Heirs, Executors or Administrators shall and will well and truly pay or cause to be paid unto the said A. P. her Executors, Admistrators or Assigns, the said Sum of 270 l. and 15 s. on, &c. next ensuing the date hereof, at or in the now dwelling House of, &c. without fraud or delay, &c.
In witness, &c.
Agreement of the Tenants of a Mannor about ploughing a Common Field.
KNow all men by these presents, That a parcel of Pasture Ground called, &c. doth belong to several Lands and Tenements in, &c. aforesaid, and in the several possessions of us whose Names are hereunder written, by such portions and alloments thereof as were enjoyed and occupied with our said several Lands and Tenements, by the respective Owners thereof, about 30 years ago, when the said Down was ploughed and sown with Corn and Grain; and since that time the said Down hath been used by us in Common [Page 33]for feeding Sheep, by every of us, after the rate of 50 Sheep for every Yard-Land in, &c. aforesaid. and proportionably for a greater or less quantity: And it is agreed between us, that from henceforth yearly, so long as the major part of us shall think fit, the said Down shall be ploughed and sown with Corn and Grain, and used and enjoyed for that purpose separately by us, according to the said former portions and allotments, to our said respective Lands and Tenements, and every of us shall in the last year of Sowing the said Down, sow on his several allotment so much Trefoil-Seed as the major part of us, shall think fit. And it is further agreed between us, That none of us shall permit or suffer any Cattle to depasture or be kept upon the said Down at any time, in any year after some Corn shall be sown in the said Down, until all the Corn and Grain there growing shall be cut and mowed, and carried away. And at such times in the year when the said Down shall be convenient for pasturing, Then none of us shall depasture or keep there more or other Cattle than according to the proportion of 35 Sheep for every Yard-Land. And it is further agreed, That every of us, according to the proportion of his allotment aforesaid shall bear, and pay the charge of making and maintaining of such Hedges as the major part of us shall think necessary to be made upon the said Down; and shall bear such proportionable part of all charges which the major part of us shall think fit to expend about the enforcing the due performance of the mutual Agreements herein contained, and securing the enjoyment of the aforesaid portions and allotments of the said Down. And every one of us by himself doth promise unto every other of us to perform the Agreement aforesaid on his part to be performed.
In witness, &c.
Note, Such Agreement of numerous Parties seems best to be made by Writing unsealed, and may be attested thus:
Indenture of Covenants upon a Contract for Purchase of a Copyhold, where part of the Purchase mony is paid, and the Purchaser is to be at liberty to proceed in the Purchase or not.
THis Indenture made, &c. between J. S. of, &c. of the one part, and W.R. of &c. of the other part; whereas the said J. S. in consideration of 75. l. of lawful Mony of England, to him by the said W. R. in hand paid, 60 l. more to be paid in such manner and as is herein after mentioned, hath this present day bargained and sold, or agreed to bargain and sell unto the said W. R. all that Messuage and Yard-land called, &c. which the said J. S. now holdeth to him and his Heirs by Copy of Court Roll of the Mannor of, &c. Now this Indenture witnesseth, That the said J. S. doth for himself his Heirs, Executors and Administrators, covenant and grant to and with the said W.R. is Executors and Administrators by these presents, that the said J. S. upon request to him made, shall and will at the costs and charges of the said W. R. well and truly, and according to the custom of the Mannor aforesaid, surrender into the hands of the Lord of the said Mannor, the said Messuage, Lands and Premisses with the appurtenances, to the use and behoof of the said W. R. and his Heirs for ever: And also that he the said W. R. and his Heirs shall, or lawfully may from time to time, and at all times [Page 35]from henceforth during the life of the said J. S. peaceably and quietly have, hold and enjoy the said Messuage, Lands and Premisses with the appurtenances; and the rents and profits thereof receive, have and take to his and their own use, without any account thereof to be rendred, and without any lett or interruption of or by the said J. S. Provided always and upon this condition, nevertheless that if the said W. R. or his Heirs at the time of the request unto the said J. S. for making such surrender as aforesaid, do not or shall not well and truly pay, or cause to be paid unto the said J. S. the said 60 l. before mentioned, and do not also in the mean time upon every request thereof to be made by the said J. S. pay unto him Interest for the forbearance of the said 60 l. after the rate of 5 l. per Cent. for a year, that then and from thenceforth, and at all times after all the agreements and covenants of the said J. S. before herein mentioned shall cease and be utterly void and of none effect. And the said J. S. doth further for himself his Heirs, Executors and Administrators covenant and grant to and with the said W. R. his Executors and Administrators by these presents, that if the said J. S. do not in his life make such surrender as aforesaid, then the Heirs, Executors or Administrators of the said J. S. shall and will within 20 day after his decease, repay unto the said W. R. the said 75 l. by him paid to the said J. S. as aforesaid.
In witness, &c. interchangeably set their Hands and Seals the day and year first above written.
Covenants upon purchasing the equity of Redemption of Copyhold-lands Mortgaged.
THis Indenture made, &c. between H.W. of, &c. of the one party, and J. P. of, &c. of the other party, witnesseth, That the said H. W. for and in consideration of the sum of 550 l. of lawful Mony of England, to him agreed to be paid in manner and form herein after expressed, hath granted, bargained and sold, and by these presents doth grant, bargain and sell unto the said J. P. his Heirs and Assigns, all and singular the Copyhold-lands, Tenements and Hereditaments of him the said H. W. situate, &c. and all redemption and benefit of redemption, condition, benefit of condition, claim and demand of him the said H. W. of, in or to all and every the Copyhold-lands and Tenements which are or were of the said H. W. situate, &c. aforesaid. And the said H. W. doth covenant, promise and grant for himself his Heirs, Executors, Administrators and Assigns to and with the said J. P. his Heirs and Assigns by these presents, that he the said H. W. his Heirs and Assigns shall and will at or before the 29 day of September next ensuing the date hereof, by good and sufficient surrender, well and sufficiently executed, surrender into the hands of, &c. all and every the Copyhold-lands and Tements which he the said H.W. hath within the said Mannor, and which do to him of right belong or appertain in possession or reversion, whereof and wherein he hath any power or possibility of redemption, and the said J. P. his Heirs and Assigns shall and may thereunto be admitted, and shall and may from time to time, and at all times hereafter enjoy and possess the same without fraud or guile: And also that W. S. of, &c. shall at or before the 29 day of September next ensuing the dath hereof, [Page 37]by good and sufficient surrender, well and sufficiently to be executed, surrender into the hands of, &c. all and every the Copyhold-lands and Tenements which he the said W. S. now hath, or shall or may claim by virtue or colour of any surrender from the said H W. And the said J. P. shall and may upon such surrender made, have and take admittance of and to the said Copyhold-lands and Tenements, and the same shall and may possess, hold and enjoy without fraud or guile. And it is agreed by and between the said parties to these presents, that the said J. P. his Heirs, Executors and Assigns shall out of the said 550 l. pay unto the said W. S. within 28 days after such surrender made by him the said W. S. as aforesaid, so much Mony as is now due unto the said W. S. from the said H. W. and the residue of the said 550 l. he the said J. P. shall within 28 days after such surrender made as aforesaid, pay unto the said H. W. his Executors, Administrators or Assigns.
In witness, &c. the day and year first above written.
Sealed and delivered in the presence of [...]
Covenants for saving harmless a Bishop, in refusing to admit an unfit person to a Vicaridge.
THis Indenture made, &c. between A. B. of, &c. and C. D. of, &c. of the one part, and the Right Reverend Father in God, G. Lord Bishop of C. of the other part. Whereas T. W. Clerk Rector of the Parish Church of H. within the Diocess of C. aforesaid, did present unto the Vicaridge of the said Parish Church, being vacant, F. S. Clerk, whom the said A. B. and C. D. did alledg to be a very unfit person; and did undertake to [Page 38]prove him a man so criminous, that he ought not to be admitted into the said Vicaridge; whereupon the said Lord Bishop at the request of the said A. B. and C. D. did refuse to admit or institute the said F. S. into the said Vicaridge. Now this Indenture witnesseth, that the said A. B. and C. D. in consideration of the Premisses, do jointly and severally for them and either of themselves, their and either of their Executors and Administrators, covenant and grant to and with the said Lord Bishop his Executors and Administrators by these presents, that they the said A. B, and C. D. their Executors and Administrators shall and will from time to time, upon every reasonable request, well and truly pay or cause to be paid unto the said Lord Bishop his Executors or Administrators, all such sum and sums of Mony, Costs Charges and Damages which he or they have at any time heretofore, or shall at any time hereafter bear, pay or suffer for or by reason of the said Lord Bishops former refusing to admit and institute the said F. S. into the Vicaridge aforesaid, or for or by reason of any other future refusing such admission or institution, until the said A. B. and C. D. their Executors or Administrators shall request the said Lord Bishop to give such Admission and Institution.
In witness, &c.
Articles for dividing some Corn between two Partners in Husbandry.
Articles of Agreement indented, had, made, concluded and agreed upon, &c. between. T. H. of, &c. of the one part, and T. S. of, &c. of the other part, as followeth.
WHereas the said T. H. and T. S. are jointly possessed of a certain quantity of Barley in the Straw lately grown upon eight Acres of Land in the Parish of N. in the County aforesaid; and also of a certain quantity of Oats, lately grown upon twenty Acres of Land, in the same Parish of N. which said Barly and Oats are now in the Barn of the said T. H. under the Northwalls of the City of C. aforesaid, and in a Reek near the said Barn; Wherefore for the better dividing the said Barley and Oats, as is herein after mentioned, It is covenanted and agreed between the said parties in manner and form following, (that is to say): First, The said T. H. doth for himself, his Executors and Administrators, covenant, grant and agree to and with the said T. S. his Executors and Administrators by these presents, That he the said T. S. his Executors and Administrators, and any other person or persons to be by him or them appointed, shall or lawfully may from time to time and at all times seasonable before the [...] day of next [...] ensuing the date hereof, enter into and upon the Barn of the said T. H. before mentioned, and the Close thereunto adjoyning, and thresh out the winnow all the said Barley and Oats there; and also have, take and carry away to and for the use and behoof of the said T. S. his Executors and Administrators, three fifth parts, or three parts in five parts to be divided of all the Straw, arising and [Page 40]coming of the said Barley and Oats, being threshed from time to time, as the same shall be threshed, without any lett, trouble, interruption or contradiction, of or by the said T. H. his Executors or Administrators,: And also that he the said T. S. his Executors and Administrators, and any other person or persons to be by him or them appointed, upon reasonable notice to be given to the said T. H. his Executors or Administrators, shall or lawfully may from time to time, and at all times seasonable, after the Barley and Oats aforesaid shall be threshed and winnowed, enter into and upon the Barn aforesaid, and the said Barley and Oats equally divide by the Bushel; and the moiety or one half of the said Barley and Oats so divided, shall or may have, take and carry away, to and for the sole and proper use of the said T. S. his Executors and Administrators, without any lett, interruption or contradiction of or by the said T. H. his Executors or Administrators, without fraud or delay.
Item, The said T. H. for himself, his Executors and Administrators, doth further covenant, grant and gree to and with the said T. S. his Executors and Administrators by these presents, That he the said T. H. his Executors or Administrators, shall not at any time before said Barley and Oats shall be equally divided according to the true intent hereof, have, take or carry away from the Barn or Close aforesaid, any part of the Barley and Oats aforesaid.
Item, The said T. S. doth for himself, his Executors and Administrators, covenant, grant and agree to and with the said T. H. his Executors and Admininstrators by these presents, That he the said T. S. his Executors or Administrators shall, and will at his and their only and proper costs and charges thresh out and winnow all the Barley and [Page 41]Oats aforesaid, or cause the same to be threshed out and winnowed before the said [...] day of [...] next coming; and also that he the said T.S. his Executors and Administrators, shall and will permit and suffer the said T. H. his Executors and Administrators peaceably and quietly to have, take and enjoy two fifth parts of all the Straw arising and coming of the Barley and Oats aforesaid, the said Straw to be divided by the daily threshing (to wit) the said T. H. to have two daies threshings, and the said T. S. three daies threshings thereof alternis vicibus. And also that the said T. S. his Executors and Administrators, shall and will permit and suffer the said T. H. his Executors and Administrators peaceably and quietly to have, take and enjoy to and for his and their only and proper use and behoof the moiety or one half of all the Barley and Oats aforesaid, being equally divided by the Bushel as aforesaid.
In witness whereof the Parties above-named have to these present Articles interchangeably set their Hands and Seals, the day and year first above written.
Sealed and delivered in the presence of [...]
Articles between Joynt-Tenants for cutting Corn and dividing it in the Field.
Articles of Agreement, Indented and made, concluded and agreed upon the, &c. between R. F. of, &c. of the one part, and J. M. of, &c. aforesaid, of the other part as followeth.
WHereas the said J. M. and R. F. have a joint right, property and interest of, in and to all the Corn and Grain standing, growing, and [Page 42]being upon several parcels of Land, whereof J. M. Father of the said M. party to these presents lately dead, possessed, lying &c. Now for the better dividing the said Corn and Grain between them the said R. F. and J. M. it is covenanted and agreed between the said Parties in manner and form following, (that is to say:) First, The said R. F. doth for himself, his Executors and Administrators, covenant, grant and agree to and with the said J. M. party to these presents, his Executors and Administrators by these presents; That when and assoon as the said Corn and Grain shall be reaped, mowed or cut down, he the said R. F. his Executors or Administrators shall or will divide, or cause the same to be divided into equal parts: And shall and will permit and suffer the said J. M. party to these presents, his Executors and Administrators, and his and their Servants, Labourers and Work-men, with necessary Carts and Carriages, peaceably and quietly to enter into and upon all the several parcels of Land before mentioned, and the moity or one half of all the Corn and Grain aforesaid, to load, have, take, carry away and enjoy to, and for the only and proper use and behoof of the said J. M. his Executors and Administrators, without any lett, trouble, interruption or contradiction of or by the said R. F. his Executors, Administrators or Assigns, without fraud or delay.
Item, The said J. M. doth for himself, his Executors and Administrators, covenant, grant and agree to and with the said R. F. his Executors and Administrators by these presents: That he the said R. F. his Executors or Administrators, shall or lawfully may load, have, take, carry away and enioy the other moiety, or one half of the Corn-and Grain aforesaid, to and for his and their own proper use and behoof, without any lett, trouble, [Page 43]interruption or contradiction of or by the said J. M. his Executors or Administrators, without fraud or delay: And also that he the said J. M. his Executors and Administrators, shall and will from time to time, upon notice and request to him or them made, well and truly pay or cause to be paid unto the said R. F. his Executors and Administrators, all such Sum or Sums of Mony as he or they shall expend, lay out or disburse for or about the reaping, mowing cutting down or otherwise harvesting the Corn and Grain aforesaid, without fraud or delay.
In witness, &c.
Sealed and delivered in the presence of.
Covenants for delivery of Wheat sold by two Bushels Weekly.
THis Indenture made, &c. between R. H. of, &c. of the one part, and W. C. of, &c. of the other part, Witnesseth that the said R. H. hath sold unto the said W. C. thirteen Quarters of Wheat, at the price of 1 l. 12 s. for every Quarter, to be delivered and paid in such manner and form as is herein after mentioned: And the said R. H. doth for himself, his Executors and Administrators, covenant and grant to and with the said W. C. his Executors and Administrators by these presents, That the said R. H. his Executors or Administrators, at the place called, &c. shall and will deliver or cause to be delivered unto the said W. C. his Executors or Administrators, the said thirteen Quarters of Wheat in manner following, (that it to say,) Two Bushels thereof Weekly upon Saturday in every Week, until the said thirteen Quarters shall be fully delivered; The first delivery thereof to begin and be made [Page 44]on Saturday, the third day of October next ensuing the date hereof. And that the said two Bushels of Wheat so Weekly upon every Saturday to be delivered, shall be good, sweet, clean and merchantable Wheat, and not worse by more than three pence in every Bushel, than so much of the best Wheat which on such Saturday shall be sold in the said Market-house. And the said W. C. doth for himself, his Executors and Admistrators, covenant and grant to and with the said R. H. his Executors and Administrators, by these presents, That he the said W. C. his Executors or Administrators, for the said Wheat so to be delivered as aforesaid, shall and will at the Corn Market-house aforesaid, well and truly pay or cause to be paid unto the said R. H. his Executors or Administrators, 20 l. 16 s. of lawful Mony of England, in manner and form following, (that is to say,) eight shillings Weekly upon Saturday in every Week, until the said 20 l. 16 s. shall be fully satisfied and paid, The first payment thereof to begin and be made upon the aforesaid third day of October next coming.
In witness, &c.
Covenants for Repairing the Steeple of a Cathedral Church.
THis Indenture made, &c. between H. R. of, &c. of the one part, and H. E. of, &c. of the other part. Whereas the Steeple of the said Cathedral Church aforesaid, is much decayed, and many cracks and clefts are therein, and much of the Morter and divers of the Stones and iron-work thereof are moltered, wasted and consumed by Age and Tempest. Now this Indenture witnesseth, That the said H. R. for and in consideration of 23 l. to be paid in such manner as is herein after mentioned, doth for himself, his Executors [Page 45]and Administrators, convenant and grant to and with the said H. E. his Executors and Administrators, by these presents, That he the said H. R. before the first day of August next coming, will repair the said Steeple as followeth, viz. That he the said H. R. shall and will take down the Weathercock being upon the top of the said Steeple, and amend, repair and make sufficient all the iron-work, which is or hath been about the top of the said Steeple, for the bearing the said Cock. And also shall and will well, sufficiently and artificially put, hang up and fasten perpendicularly and geometrically and aptly to be turned with every Wind, upon such repaired iron-Work on the top of the said Steeple, the said Weathercock or some other Cock or Fan as the said H. E. or his Assigns shall appoint: And also that he the said H. R. shall and will, well, sufficiently and artificially scrape off and do away all the Moss growing or being upon the said Steeple, And shall and will take out all Stones in the said Steeple, being loose, broken, crackt or decayed, and in the places thereof, shall well and artificially set and put in other good and sound Stones, and them shall strongly clamp in with Iron and Lead and shall also with fit Stones and other materials well, sufficiently and perfectly fill up all the rifts, cracks, clefts and holes in the said Steeple, and new clamp them with Iron and Lead; And shall also with good, fit, strong and durable Morter, well, substantially and prefectly new point all the outside of the said Steeple with the Garlands thereof: And likewise new point the inside of the said Steeple where any need requires. And when the said Steeple shall so be repaired as aforesaid, he the said H. R. shall and will remove and take down into the Church-yard near the said Church all the Scaffolds, Ladders and other implements used [Page 46]about the work aforesaid: And the said H. E. doth for himself, his Executors and Administrators, covenant and grant to and with the said H. R. his Executors and Administrators, by these presents, That he the said H. E. his Executors or Administrators, shall and will well and truly pay or cause to paid unto the said H. R. or his Assigns, for the repairing of the said Steeple as aforesaid to be done and performed, the aforesaid 23. l. in manner following, (that is so say,) 2 l. thereof when the Weathercock aforesaid shall be taken down, 10 l. more thereof when the Fowre of the squares or sides of the said Steeple shall be so repaired and amended as aforesaid, from the top to the bottom, and 11 l. residue thereof when all the said reparations and works shall be wholly done and finished, in all things according to the true intent and meaning of these presents: And also that he the said H. E. or his Assigns, at the costs of the said H. E. shall and will from time to time upon reasonable warning, at the costs of the said H. E. find and provide near the Cathedral Church aforesaid, such Lime, Sand, Stones, Iron, Lead and other Materials as shall be needful and necessary to be used and imployed in or about the repairing the said Steeple as aforesaid, except Scaffolds and the materials thereof. And also that the said H. R. and his Servants and Labourers shall and may in and about the work aforesaid, have the use of all or any the Ladders belonging to the Cathedral Church aforesaid.
An Agreement of Copartnership between two Salesmen with necessary Covenants.
THis Indenture made &c. between R. C. of the one part, and C. R. of the other part. Whereas the said C. R. is possessed by Lease for divers [Page 47]years yet to come, of and in all that Messuage or Tenement with the appurtenances, called or known by the name of the Queen's Head, situate and being in, &c. now in the occupation of the said R. C. And whereas the said Parties are agreed to be Copartners in the Art or Trade of a Salesman, and in buying and selling of Apparel and other things belonging to the said Trade.
Now this Indenture witnesseth, That the said R.C. for himself, his Executors, Administrators and Assings doth covenant, promise, grant and agree to and with the said C. R. his Executors, Administrators and Assigns by these presents, That he the said C. R. shall have, hold and enjoy the several Rooms hereafter mentioned, being part and parcel of the said Messuage, that is to say, &c. and also free liberty of ingress, egress and regress to and from the said Rooms and Premisses, at all convenient and seasonable times, for the term of five years, to commence from the Feast day of, &c. next ensuing the date of these Presents, yielding and paying therefore yearly unto the said R.C. his Executors, Administrators and Assigns the yearly Rent or sum of 13 l. of lawful Mony of England at the four most usual Feasts or Terms of the year, that is to say, &c. by even and equal portions. And the said C. R. for himself, his Executors and Administrators doth covenant and grant to and with the said R. C. his Executors and Administrators by these presents, that he the said C. R. shall and will from time to time, during the said term of five years, permit and suffer the said R. C. and all those of whom he holdeth the said Messuage, their Heirs, Executors and Assigns with Workmen to enter and come into and upon the several Rooms aforesaid, to view, search and see the estate of the same.
And this Indenture further witnesseth, That the said R. C. and C. R. for the good liking and opinion, [Page 48]and special trust and confidence which each of them hath and reposeth of and in the other of them, and for the advancing of their Estate are contented agreed; and do by these presents covenant, grant and agree, each of them to and with the other of them, his Executors and Administraters, That they the said Parties shall be and continue Copartners together, and Joint-dealers in the Art and Mystrey of a Salesman, and the making and selling of all sorts of Apparel for Men and Women, and in buying and selling of all things thereunto incident and belonging, from the Feast day of, &c. next ensuing the date of these Presents, until the end and term of five years from thence next ensuing and fully to be compleat and ended (if both the said Parties shall so long live) the said Copartnership to be kept and used in the Shop and Warehouse beloning to the above named Messuage.
And for the better managing of the said Joint-trade, they the said Parties to these Presents have agreed to make up, bring in and put together the sum of Six Hundred Pounds of lawful Mony of England. And the said R. C. is agreed to bring in to the said Stock for his part, the sum of Three Hundred pounds of lawful Mony of England. And the said C. R. is agreed to bring into the said Stock for his part and share of the said Joint-stock, the like Sum of Three Hundred Pounds of like lawful Mony of England, being the residue of the said six Hundred Pounds. And they the said Parties shall and may bring and put into the said Joint-stock-trade, such further addition of Stock, as they the said Parties shall think fit.
It is now therefore covenanted granted and agreed by and between the said Parties to these Presents, and each of them by and for himself his Executors and Administrators, doth covenant, promise, [Page 49]grant and agree to and with the other of them by these Presents in manner and form following, that is to say, That each of them the said Parties shall and will on or before the 10th day of March now next ensuing, bring and put into the said Joint-stock and Trade, each the sum of 300 l. as aforesaid, being his said respective part and share of the said Joint-stock.
And that the said Joint-stock of 600 l. and such further addition of Stock, as they the said Parties shall bring and put into the said Joint-trade, and all the proceed, gains and increase which shall be acquired or gotten by reason or means of the imployment of the said Joint-stock, and Additional-stock in the said Joint-trade, (Except a weekly allowance of 20 s. to each of them the said Parties, for their particular expences, to be taken out of the said gains,) shall be from time to time during the said Copartnership, continued, used and imployed in the said Copartnership and Joint trade, to and for the use, benefit and behoof of both the said Parties to these Presents, as is here under mentioned; and shall not be taken out, converted, used or imployed by either of the said Parties, to or for any other use, intention or purpose whatsoever.
And that each of them the said Parties shall from time to time during the said Copartnership diligently imploy and endeavour himself in the managing of the said Joint-trade, and to advance the same and the gains and encrease thereof for the equal benefit and advantage of both the said Parties.
And that neither of them the said Parties shall use the said Trade in any other places, but only in the said Messuage during the said term, nor shall use or exercise the said Trade with any other Stock but only for the benefit of both the said Parties. And that each of the said Parties shall be [Page 50]true, just and and faithful to the other in all his buyings, sellings, dealings, doings and imployments in and about the said Joint-trade, and that each of the said Parties shall and lawfully may take out of the said Joint-stock and Gains, the Sum of 20 s. for his particular charges and expences.
And that the said Joint-trade shall be managed and driven, and all buyings, sales, receipts, payments, bills, bonds, specialties and other assurances to be had, made or taken for any matter or thing touching the said Joint-trade, shall be from time to time during the said Copartnership, entred, had, and made, taken in the Joint-names of both the said Parties to these Presents. And that neither of them the said Parties shall at any time during the said Copartnership, become bound, or bail, or surety, or otherwise engage himself with or for any person or persons, for any debt or duty, matter or thing not concerning this Copartnership, without the license and consent of the other Party first had in writing under his hand in that behalf, nor shall at any time during the said Copartnership, compound, release or discharge any Debt or Duty which shall be due or owing to the said Joint-trade, without the consent of the other of the said Parties first had in that behalf, other than so much thereof as shall be brought into the said Joint-stock within seven days next after such release made or given for the same. And that the Joint or Additional-stock aforesaid, or any of the gains or increase thereof, shall not at any time during the said Copartnership be attached, seized, extended or taken in Execution, for or in respect of the private or particular debt or debts, duty or duties of either of the said Parties, not concerning this Copartnership: But that such private and particular debt and debts, duty and duties, shall be payed and satisfied by him or them the said Parties [Page 51]whose debt or duty the same is, or shall be out of his own particular Estate, not included in the said Copartnership.
And that neither of the said Parties shall at any time during the said Copartnership, retain or keep any Servant or Apprentice to be imployed in the said Joint-trade, without the consent of the other of them the said Parties first had and obtained in that behalf.
And that if either of the said Parties shall at any time hereafter, sell or deliver upon trust or credit, any Wares or Commodities of or belonging to the said Joint-trade, without the consent of the other of the said Parties, then such of them the said Parties which shall deliver the said Goods or Wares, shall within three Months next after such sale or delivery made, pay into the said Joint-stock so much lawful Mony of England as each and every such parcel of Wares shall be sold for, if the person or persons to whom such sale or delivery shall be made, shall not in the mean time pay and satisfie for the same.
And further it is agreed by the said R. C. That he the said R. C. shall and will from time to time during the said Copartnership, at his own costs and charges, bear, pay and discharge all Tythes and other Duties due and payable to the Parson for the aforesaid Messuage, and all Assessments for relief of the Poor of the Parish, so that the same Assessments exceed not what the said R. C. now payeth, and is assessed for the same.
And moreover it is mutually condescended and agreed by and between the said Parties to these Presents, and each of them for himself his Executors and Administrators, doth covenant and agree to and with the other of them, his Executors and Administrators by these presents, That each of them the said Copartners shall and will from time [Page 52]to time during the said Copartnership, have a several and equal part, right, title and interest in and to the said Joint-stock and proceed of the same And in and to all and every the gains and increase which shall be made, raised or gotten in by reason or by means of the said Joint-trade, that is to say, the said R. C. in and to the moiety, or one half part thereof. And the said C. R. in and to the other moiety, or one half part thereof: And that each of them the said Parties, his Executors and Administrators shall and may, at and upon the dissolution of the said Copartnership, have, receive and take his said respective share and part of all the said Premisses to his and their proper use and behoof for ever, in such manner as hereafter in these Presents is mentioned and set down, without any lett or interruption of or by the other of them the said Parties, his Executors or Administrators, and without any benefit or advantage to be taken by survivorship, or by any of the said Parties surviving the other of them, any Law, Usage or Custom of Survivorship to the contrary notwithstanding. And that all debts and duties which shall be owing by them the said Parties, touching the said Joint-trade; and all losses by bad Debtors (other than such as shall be trusted by either of them, without the consent of the other of them the said Parties) decay in Wares, or any other inevitable accident, and all charges and expences for repairing of the said House and Shop, and all other charges necessarily arising for any matter or thing touching the said Joint-trade, shall be from time to time during the said Copartnership, born, sustained and paid by and between the said Parties to these Presents, equally out of their said Joint-stock and Gains.
And moreover, that they the said Parties shall from time to time during the said Copartnership, at their own charge provide, have and keep sufficient [Page 53]and competent Books of Account and Reckning in writing, to be always remaining in the said Shop, wherein they the said Parties shall from time to time write down and enter, or cause to be written down and entred the true particulars of all such Goods, Wares and Merchandises that shall be bought or sold, brought in or delivered out, in or touching the said Joint-trade; and of all sum or sums of Mony that shall be received or paid, together with the Names of all Persons unto, or of whom any such Goods, Wares or Monies shall be paid or received; and all other circumstances of time and place, any ways conducing to the manifestation of the state and proceeding of the said Joint-trade; and that each of them the said Parties, shall and may from time to time during the said Copartnership, have free access and recourse unto the said Books of Account, to read, peruse, examine and copy out the same at his will and pleasure.
And further, That they the said Parties shall yearly, and every year during the said Copartnership, in the Month of December, join in account to gether at the said Shop, and then and there to make, cast up and fully finish a true, just, plain and perfect account and reckning in writing, of, for and concerning the said Joint-trade, and of and for all Monies, Wares, Goods, Debts and other Estate whatsoever, which shall then be in Copartnership between the said Parties, or jointly owing and belonging to them. And upon the finishing of every such yearly account, they the said Parties shall write and enter, or cause to be written down and entred into the several Books of Account the true particulars of every such account and shall subscribe their Names in the said Books at the foot of every such account entred therein; and upon the subscription of their Names as aforesaid, [Page 54]each of the said Parties shall and may have and take to his own use, one of the said Books subscribed as aforesaid.
And furthermore, that at the end of the said Term of five years, if they the said parties shall be both then living, the said parties shall join together in account at the Shop aforesaid, and shall then and there make, cast up, and fully finish between them a true, plain, perfect and final account and reckoning in Writing, of, for and concerning the said joint Trade: And of and for Mony, Wares, Goods, Debts and other Estate whatsoever, which shall be then in Copartnership between the said parties, or jointly owing or belonging to them by reason or means of the said Joint-trade, and of all Debts and Duties which they the said Parties shall then owe to any person or persons. And upon finishing the said account, they the said parties shall forthwith satisfie, or take order for the speedy satisfying all and every the said Debts and Duties so by them owing, and shall also thereupon make a just and equal partition, allotment, assignment and division between them the said parties, of all the then residue and remainder of their said partible and Joint-stock and Estate and increase thereof; That is to say, one moiety or half part thereof unto the said R. C. to his own proper use, and the other moiety or half part thereof unto the said C. R. to his own proper use.
And after such Partition, Division, Assignment and Allotment so made neither of the said parties, his Executors or Administrators, shall without the consent of the other of them, receive, release, compound or discharge any Debt or Duty which is, or shall be assigned or allotted to the other of them respectively, but that each of the said parties, his Executors and Administrators, shall from [Page 55]time to time sufficiently Authorise the other of them the said parties, his Executors and Administrators upon his or their request to Sue for, recover, receive and take to his and their own proper use, all and every the Debts and Duties which shall be allotted to him or them the said parties, his Executors and Administrators respectively making such request. And further, that if either of the said parties shall happen to decease before the end of the said five years, and after any yearly account shall be made between them the said parties touching the said joint-Trade, That then the Survivor of them the said parties shall have and take to his own proper use all the Monies, Goods and Wares which shall be belonging to the said joint Trade and Copartnership, at the same rate and price the same Goods and Wares did cost, and also all Debts and Duties which shall be then due and owing to the said joynt Trade, (except such of them as were trusted by the said deceased party, without the consent of the party surviving:) And in consideration thereof, the said Survivor his Executors or Administrators, shall pay or cause to be paid to the Executors, or Administrators of the person so first dying at the Shop aforesaid, so much lawful Mony of England, as the part and share of the party deceasing, of, and in all the said Debts that shall be then owing to the said joynt Trade, that were accounted good and recoverable Debts and of and in all the Goods, Monies and Wares of the said joint Trade, did or shall clearly come and amount unto, by and upon the said yearly account made between the said parties next before such decease, (the Debts owing by the said Joint Stock being allowed for, and deducted out of the said whole Estate,) the same Monies to be paid to the Executors or Administrators of the deceased party [Page 56]as followeth, That is to say, one third part thereof at the end of four Months next after such decease, one other third part thereof at the end of six Months next after such decease, and the remaining third part thereof at the end of eight Months next afuer such decease.
And that the said Survivor his Executors or Administrators, shall and will within fourteen days next after such decease of the other of them the said parties, become bound in one Bond or Obligation with sufficient Sureties to the Executors or Administrators of the person so first dying, as well for the true payment of the said three several Sums in manner and form aforesaid, as also for the saving harmless and keeping indempnified the Executors and Administrators, Lands, Tenements, Goods and Chattels of the said first deceasing party, of and from all and every the Debts and Duties which were jointly owing by them the said parties at the time of such decease, of, for and concerning the said joint Trade, and of, and from all Accounts, Suits, Judgments and Demands, for, touching or concerning the same.
In consideration whereof the Executors or Administrators of the said deceased party, shall upon receipts of the said security sufficiently and in due form of Law, release unto the said Survivor his Executors and Administrators, all the part, share, right, title, interest, claim and demand whatsoever, which they the said Executors and Administrators of the said deceased party, and every, or any of them have or hath, or may, can, might, should or ought to have, in, to or out of all and every, or any of the Stock, Estate, Money, Goods, Wares and Debts, which were in or belonging to the said Joint-trade or Copartnership at the decease of the Party so first dying, or at any time before, except such Debts as were accounted [Page 57]desperate, which by the Agreement of both the said Parties to these Presents, for them their Excutors and Administrators, are to be equally divided between the Suvivor and the Executors and Administrators of the deceased party, as they or any of them shall be recived or gotten in.
And it is further covenanted and agreed by and between the said Parties to these presents, That if either of the said Parties shall happen to depart this life, before any yearly Accounts shall happen to be made between the said Parties touching the said Joint-trade; That then the surviving Party his Executors and Administrators shall have and take to his and their own use and behoof all the Goods, Wares, Monies, Debts and other Estate whatsoever, in or belonging to the said Joint-trade at the time of such decease, and shall satisfie the Debts jointly owing by the said Parties as aforesaid at the time of such decease, and shall truly pay unto the Executors or Administrators of the first deceased Party within one year then next ensuing, so much lawful English Mony, as the Stock that then shall be brought into the said Joint-trade by the party so deceasing did come and amount unto, and that such Security shall be given for the same, and for the saving harmless of the Executors and Administrators of the deceased Party, of and from the Debts and Duties jointly owing by the said Parties as aforesaid, as is above mentioned to be given for the like purposes, in case the decease of the party so first dying shall happen after the making a yearly Account as aforesaid: And that then also the like Release shall be made and given by the Execuctors or Administrators of the first deceasing Party, to the Surving Party, his Executors or Administrators, as is above mentioned.
And the said R. C. for himself, his Executors and Administrators doth covenant and grant to and with the said C. R. his Executors and Administrators by these presents, That if he the said R. C. shall happen to decease within the said Term of four years, that then the Executors or Administrators of the said R. C. shall within fourteen days next after his decease, demise and grant unto the said C. R. if he shall then be living, his Executors and Administrators, all the said Messuage or Tenement above mentioned, for and during the then residue of the said Term of five years, at, for and under the yearly Rent of 30 l. of lawful Mony of England, to be by the said demise reserved quarterly to be paid, and with such Covenants on the part and behalf of the said C. R. his Executors, Administrators and Assigns, to be parformed and kept in the said Demise, to be inserted as are contained in the Lease whereby the said R. C. holdeth the same, so that the said C. R. do upon the Sealing and Delivery of the said Lease, seal and deliver the Counterpart thereof, as his Act and Deed unto the Lessor or Lessors therein named.
And it is covenanted concluded and agreed by and between the said Parties to these presents, for them their Executors and Administrators, That if any variance, strife, difference or controvesie, shall at any time hereafter during the said Copartnership, or at the end thereof, happen to grow, arise or be between the said Parties to these presents, their Executors or Administrators, or any of them, upon, touching or concerning their said Joint-trade, or any their Buyings, Sellings, Accounts, matters or things relating thereupon, or for or touching any Covenant, matter or thing in these presents contained, That then and so often, they the said parties to these presents, their [Page 59]Executors and Administrators, shall upon reasonable request made by either or any of them, unto the other of them, before any Suit shall be commenced, for or touching the same, elect, name and chuse two indifferent persons to hear and determine the same differences and matters of difference, one of which Arbitrators the said R. C. his Executors or Administrators shall chuse and name, And the other of the said Arbitrators, the said C. R. his Executors, or Administrators shall chuse and name, And that each of the said parties, his Executors and Administrators shall respectively stand to and abide, perform and keep such award, order, determination and Judgment, which the said two Arbitrators shall make and give in Writing under their Hands and Seals, unto the parties by these presents submitting thereunto, upon and touching the said differences and matters in difference, so that the said Award be made and given as aforesaid in Writing, within fourteen days next after the choise and nomination of the said Arbitrators in that behalf; And in case the said Arbitrators shall not make and give forth their award as aforesaid, within the time before limited for the doing thereof, then each of the said parties his Executors and Administrators shall and will stand to, abide, perform, and keep such award, order and umpirage, as such one person umpire to be elected, and chosen by the said Arbitrators shall make, and give forth in writing as aforesaid, under his Hand and Seal, upon and touching the sad differences and matters in difference within ten days next after the end of the said fourteen days; And in case the said Umpire shall not make and give forth as aforesaid, his said award and umpirage within the time above limited for the doing thereof, That then, each and every of them the said parties, his Executors and Administrators, shall and will for his and [Page 60]their parts, stand to, abide, perform and keep such award, order, determination and Judgment as the Master and Wardens of the Company of Merchant Taylors in London, or the major part of them shall make and give forth as aforesaid, in writing under the Hands and Seals, upon and touching the said differences and matters in difference within one Month next after the end of the said ten days.
Provided nevertheless, and it is covenanted, concluded and agreed by and between the said Parties to these presents, for them their Executors and Administrators, That if either of the said Parties shall be untrue, unjust or unfaithful unto the other of them, in any Buyings, Sales, Receits or Payment, belonging to, or concerning the said Copartnership; That then or at any time afterwards upon notice of dislike given thereof, by either of them, to the other of them the said Parties, and desire thereupon signified that the said Copartnership shall determine, The said Copartnership and Joint trade shall cease, determine and be dissolved, And that the like account, partition and division shall be made between the said Parties to these presents, their Executors and Administrators of the said Joint-stock and proceed thereof, and shall do all other things concerning the said Joint-trade in such manner and form, to all intents and purposes in every respect, as they are to do at the end of the said five years; And that from and after the end and dissolution of the said Copartnership in manner and form aforesaid, the said term and interest granted unto the said C. R. of and in part of the said Dwelling-house and Shop in manner aforesaid, shall likewise cease, determine and be void.
In witness, &c.
A Certificate into the Exchequer, where neither the person nor any distress can be found for levying the Tax on his Office, according to the Act of 4 s. per Pound, 4 W. & M.
To the Right Honourable R. H. Esq; Chancellor and Under-Treasurer of Their Majesties Court of Exchequer, Sir R. A. Knight of the Bath, Lord Chief Baron of the said Court, and to the rest of the Barons there.
WE R. F. and J. M. Esquires, and N. C. T. W. W. W. R. T. G. O. and F. P. eight of the Commissioners for putting in execution within the said County of S. an Act of Parliament made in the 4th year of Their now Majesties Reign, Intituled, An Act for Granting an Aid of 4 s. in the Pound for one Year, for carrying on a Vigorous War against France; do hereby certifie unto your Lordships, That in pursuance of the said Act we do appoint N. F. R. G. T. S. T. N. R. F. D. D. E. C. and N. A. to be Assessors (within the City of C. in the said County of S.) of all and every the Rates and Duties by the said Act imposed; which said Assessors on the 28th day of February, in the year of our Lord, 1692. we did make and return unto us a Rate and Assessment wherein was certified, That F. H. of the City of C. aforesaid, Doctor in Divinity, did then hold a publick Office and Employment of Residentiary, and one of the Managers of the Revenue, belonging to the Cathedral Church of C. aforesaid: By the Fees and Profits of which Office he received yearly 100 l. the rate whereof, according to the said Act, did amount unto 5 l. for the fourth part and first Quarterly payment in the said Act expressed. And the said Rate and Assessment being by us [Page 62]approved in further pursuance of the said Act, We did issue out Warrants and Estreats under our Hands and Seals to T. A. J. R. W. E. R. P. and T. A. Sub-Collectors, by us appointed for levying the said Fourth part and first Quarterly payment aforesaid; which by the said Sub-Collectors being duly demanded, was not paid: But on the part of the said F. H. was made unto us an Appeal, complaining, that the said Rate was excessive. Whereupon we the said Commissioners did hear and examine the said Matter, and upon knowledge, and deliberation thereof did adjudge and determine, and do adjudge and determine, That the said Rate of 5 l. for the Fourth part and first Quarterly payment aforesaid, was rightly and duly taxed and assessed according to the said Act. And now at this day the said Sub-Collectors have complained unto us, That the said F. H. is not found in the said County, and that he hath no Goods or Chattels there, whereby the said Five pounds may be levied; and therefore we humbly pray, That your Lordships, (as in the said Act is directed) will issue out Process of the said Court of Exchequer, against the Body, Goods and Lands of the said F. H. until the Five pounds so assessed, as aforesaid be fully and actually levied and paid to Their Majesties.
In witness whereof. We the said Commissioners and Sub-Collectors have hereunto set our Hands and Seals, &c. in the fifth year of the Reign, &c.
A General Release.
KNow all men by these presents, That I F. J. of, &c. have remised, released and quit-claimed, and by these presents do remise, release and for ever quit-clain unto R. C. of, &c. his Executors, Administrators and Assigns, all and all [Page 63]manner of Actions and Suits, Cause and Causes of Action, Bills, Bonds, Writings, Obligations, Accounts, Debts, Duties, Reckonings, Sum and Sums of Mony, Controversies, Judgments, Executions, Claims and Demands whatsoever, which I the said F. J. ever had, or which my Executors, Administrators or Assigns, or any of them in time to come, can or may have, to, for or against the said R. C. his, &c. for or by reason of any matter, cause or thing whatsoever, from the beginning of the World until the day of the date hereof.
In witness, &c.
A Release of Errors in a Judgment.
BY these presents, I J. D. of, &c. in the County of, &c. Yeoman, do remise, release and for ever quit-claim unto T. H. of D. in the said County of S. all and all manner of Errors, Misprisions and Misentries whatsoever, in one Judgment for 20 l. Debt, and 30 s. Costs of Suit, obtained by the said T. H. against me the said J. D. in the Court of Common-Pleas at Westminster in the Term of St. Hillary last past, and also all Writ and Writs of Error and Errors whatsoever.
In witness, &c.
A general Release of Errors.
BE it known, &c. That I R. C of, &c. for divers good Causes and Considerations me hereunto moving, have remised, released and quit, claimed, and by these presents, for me, my Heirs Executors and Administrators, do remise, release and for ever quit-claim unto J. F. his, &c. and every of them, all and all manner of Error and Errors, and the benefit and advantage thereof, and all Misprisions of Error and Errors, Defects and wrongful Pleadings and Proceedings whatsoever, had, made, [Page 64]committed, suffered, omitted and done at any time before the date of these presents in any Action or Actions prosecuted or sued by the said J. F. against me the said R. C. in any Court of Record, or otherwise; and all Error or Errors in the Judgment or Judgments thereof, so that I the said R. C. my, &c. shall be for ever hereafter debarred and excluded to sue forth any Writ or Writs of Error or Errors concerning the same.
In witness, &c.
A Release of Title to Lands.
Know ye, That R. C. of, &c. for divers good Causes and Considerations him moving, hath remised, released, and for ever quit-claimed; and by these presents, for himself and his Heirs, doth fully, clearly and absolutely remise, release and for ever quit-claim unto J. F. of, &c. in his full and peaceable possession and Seisin, and to his Heirs and Assigns for ever, all such Right, Estate, Title, Interest and Demand whatsoever, as he the said R. C. had or ought to have, of, in, or to all, &c. and, &c. by any ways or means whatsoever; To have and to hold all the said, &c. unto the said J. F. his Heirs and Assigns, to the only use and behoof of the said J. F. his Heirs and Assigns for ever; so that neither he the said R. C. nor his Heirs, nor any other person or persons, for him or them, or in his or their names, or in the name, right or stead of any of them, shall or will by any way or means hereafter have, claim, challenge or demand any Estate, Right, Title or Interest, of, in or to the Premises, or any part or parcel thereof. But from all and every Action, Right, Estate, Title, Interest or Demand, of, in or to the premisses, or any part thereof, they and every of them shall be utterly excluded and barred for ever by [Page 65]these presents. And also the said R. C. and his Heirs, the said Mannor, &c. to the said J. F. his Heirs and Assigns, to his and their own proper use and uses, in manner and form aforesaid, against their Heirs and Assigns, and every of them, shall and will warrant and for ever defend by these presents, &c.
A Release of an Annuity
We R. C. and C. R. of, &c. send Greeting. Whereas J. F. of, &c. by his Deed Indented bearing Date, &c. [recite the Grant here] for the Consideration therein mentioned, did give and grant unto us the said R. C. and C. R. one Annuity or yearly Rent of, &c. to be issuing and going out of all and singular the Mannors, Messuages, Lands and Tenements called A and B. within the Parish of, &c. To have, hold, receive and enjoy all the said Annuity or yearly Rent of, &c. to us the said R. C. and C. R. our Executors or Assigns, for and during the Natural life of the said J. F. to be payable and paid to us the said R. C. and C. R. our Executors or Assigns, during the Life of the said J. F. at the Feast of, &c. and of st. Michael the Archangel, as by the said Deed it doth appear. Now know ye, That we the said R. C. and C. R. for and in Consideration of a certain Sum of lawful Mony of England to us in hand paid, at and before the, &c. Have remised, released and for ever quit-claimed, and by these presents, for us and either of us our and either of our Executors and Assigns, do fully, clearly and absolutely remise, release and for ever quit-claim unto the said J. F. his Heirs and Assigns, the said Annuity or yearly Rent of, &c. and every part and parcel thereof; and all Rents, arrearages of Rents, Penalties, Forfeitures and Distresses whatsoever, [Page 66]at any time or times heretofore due or forfeited, by reason of the Non-payment of the said Annuity or yearly Rent of, &c. or any part thereof; To have and to hold the said Annuity or yearly Rent of, &c. and all the Estate, Right, Title, Interest and demand whatsoever, of us the said R. C. and C. R. our Executors or Assigns, in or unto the said Annuity or yearly Rent of, &c. unto the said J. F. his Heirs and Assigns for ever, so as neither we the said R. C. and C. R. or either of us, nor our or either of our Executors or Assigns shall, may or can at any time hereafter, ask, claim challenge or demand any Estate Right Title or Interest, in or to the said Annuity or yearly Rent of, &c. or any part thereof: But thereof and there-from shall be utterly secluded and barred by these presents.
In witness, &c.
An Acquittance and Release of an Extent by an Administratrix.
REceived by me J. F. Widow, Administratrix of the Goods and Chattles of R. F. Gent. deceased, of and from R. C. the Sum of, &c. of lawful Mony of England, being the Consideration Mony which the said R. C. payeth to me, for the vacating and discharging of an Extent on a Statute-Staple, heretofore acknowledged and entred into by the said R. C. unto the said R. F. and also for the buying in and compounding of the said Extent, by virtue or colour of the said Statute; and also, for all my interest and demand in the same Statute and Extent, of which said Sum of, &c. I do hereby acknowledge the Receipt, and by these presents do for me, my Executors and Administrators, remise, release and for ever quit-claim unto the said R. C. the said Statute and Extent, and all manner of [Page 67]Process and Proceedings whatsoever, occasioned by reason of the said Statute.
In witness, &c.
A Release to a Sheriff, for discharging a Rescue.
KNow all Men by these presents, That I J. F. of, &c. have remised, released and quitclaimed, and by these presents do remise, release and quit claim unto R. R. Esq; now Sheriff of the said County of S. all and all manner of Actions, Suits, Troubles and Incumbrances which I have, may, might or ought to have against him, for or by reason of the discharging or setting at liberty of R. C. of, &c. in the said County Yeoman, being arrested and imprisoned on a Ca. sa. out of the Court of Common Pleas at Westminster for 60 l. Debt, and 5 s. Costs, at my Suit, Returnable a die Paschae in quindecim dies last past.
In witness, &c.
The like in a better form.
Whereas T. D. of, &c. is now in your Custody by virtue of a Writ of Capias ad satisfaciendum, issued out of the Common Pleas at Westminster at the Suit of me the said J. for certain damages in the said Writ mentioned; of which Damages I have received satisfaction. Now therefore these are to will and authorize you and either of you, That you immediately discharge and release the said T. D. of and from the Execution aforesaid, and of and from all Writs and Process whatsoever, at my Suit, and of and from all Restraint and Imprisonment, by occasion of any Execution, Writ or Process heretofore charged against him by me [Page 68]the said J. and for so doing this shall be your Warrant.
Given under my Hand and Seal the, &c. day of, &c. in the year, &c.
Mutual General Releases by Indenture.
THis Indenture, made, &c. Between A. B. of the one part, and C. D. of the other part Witnesseth, That the said A. B. hath remised, released and for ever quit-claimed, and by these presents doth remise, release, and for ever, quit-claim unto the said C. D. all Actions and Causes of Actions, Trespasses, Obligations, Accounts, Promises, Debts, Judgments, Executions, Damages, Claims and Demands whatsoever, from the beginning of the World, unto the day of the date of these presents. And this Indenture further witnesseth, That the said C. D. hath remised, released and for ever quit-claimed, and by these presents doth remise, release and for ever quit-claim unto the said A. B. all Actions and causes of Actions, Trespasses, Obligations Accounts, Promises, Debts, Judgments, Executions, Damages, Claims and Demands whatsoever, from the beginning of the World unto the day of the date of these presents.
In witness, &c.
A short Release of the Equity of Redemption in a Term for years, mortgaged.
BY these presents, I D. C. for divers good Causes and Considerations me hereunto moving, do grant, remise release and for ever quitclaim unto J. P. his Executors, Administrator, and Assigns, all that Messuage, &c. and all the Estate, Right, Title, Interest, Term and Terms for years, Possession, Reversion, Redemption, Benefit of Redemption, Equity, Claim and Demand whatsoever, of me the said D. C. of, in or to the Mesuage, &c. [Page 69]So as neither I the said D. C. nor my Executors, Administrators or Assigns, any Estate, Right, Title, Interest, Term or Terms, for years, Possession, Reversion, Redemption, Equity, Claim or Demand, of, in or to the same, shall or may from henceforth claim or challenge. But of and from all Estate, Right, Title, Interest, Term and Terms for years, Possession, Reversion, Redemption, Claim and Demand whatsoever, of, in and to the same Premisses, shall and will for ever hereafter be secluded and debarred by these presents.
In witness, &c.
A Letter of Attorney or Proxy, appointing a Proctor in an Ecclesiastical Court to procure a Guardian to be appointed for an Infant, to sue an Adminstrator there for a Dividend.
KNow all men by these presents, That I J. A. the Natural and Lawful Son, and next of kin of E. A. deceased, while he lived the Natural and Lawful Kinsman, of J.A. late of B. in the County of S. also intestate, deceased without any Will by him made, for divers good Causes and Considerations me hereunto especially moving, being in my minority, viz. abut the age of 14 years, and under the age of 21 years, and so incapable in my own name and person to sue, prosecute or call W. W. Administrator of the Goods, Chattels and Credits of J. A. late of B. in the County of S. deceased, to bring in and exhibit a true, full, just and perfect Inventory, and an Account of all the Goods, Chattels and Credits of the said J. A. deceased, which since his death have come to his hands, possession or knowledge, and to make a distribution thereof according to the Tenor of the Statute for setling of Intestatets Estates, or any other Statute or Act of Parliament in that behalf [Page 70]made and provided. Therefore by these Presents I do constitute and appoint A. B. Notary Publick, one of the Procurators General of the Consistory Court of C. my true, certain and lawful Procurator, for me and in my name, place and stead to appear before the worshipful T. B. Doctor of Laws, Vicar General to the Reverend Father in God R. by Divine Permission Lord Bishop of C. or his lawful Surrogate, or any other competent Judge in that behalf, and for me and in my name, place and stead, to desire and procure J. A. of London Merchan-Taylor, to be assigned my Curator in order to call the said W. W. to exhibit a true, perfect and particular Inventory and Account of all the Goods, Chattels and Credits of the said J. A. which since his death, as Administrator thereof, have come to his hands, possession or knowledge, by virtue of his Oath, and to see and hear a distribution thereof made persuant to the Act of Parliament for setling of Intestates Estates, or any other Act of Parliament in that behalf made or provided, and to all other effects and purposes in Law, and generally to do and perform all other matters necessary in and about the premisses.
In witness whereof, I have hereunto set my Hand and Seal the 11th day of February Anno Dom. 1699. Juxta, &c.
A Letter of Attorney to surrender Copyhold-lands to the use of a Will.
BY these presents I S. C. of the Middle Temple London, Gent. Son and Heir of J. C. Clerk do make, ordain and appoint T. C. of the City of C. in the County of S. and J. L. of the same City Gent. my true and lawful Attorneys, jointly and severally for me and in my name, stead and place, to surrender into the hands of the Lord of [Page 71]the Mannor of B. in the said County of S. according to the custom of the said Mannor, all and singular the Messuages, Lands, Tenements and Hereditaments, with the appurtenances of me the said S. C. within the Mannor aforesaid; and all such Messuages, Lands, Tenements and Hereditaments with the appurtenances holden by Copy of Court Roll of the Mannor aforesaid, whereof the said J. C. my Father lately died seised, to the use and behoof of such person and persons, and for such Estate and Estates as I the said S. C. by my last Will and Testament in writing shall direct and appoint.
In witness whereof I have hereunto set my Hand and Seal the 19th day of February, in the year of Our Lord 1699.
A Letter of Attorney to enter on Land, and to sue for the recovery thereof, or compound.
BY these presents, I E. C. &c. do nominate, constitute, ordain and appoint C. A. of L. Gent. my true and lawful Attorny, for me and in my name, stead and Place, to enter into and take possession of all that Messuage, &c. and also for me and in my name to sue forth and prosecute against any person or persons whatsoever, any Writ or Writs, Action or Actions as to him shall seem meet, for the recovering or obtaining the possession or seisin of the Premisses or any part thereof. And further, to do and execute all and every such Act and thing tending to the recovery of my Estate and Right in the said Messuage and Lands or any part thereof. And further, I do hereby give and grant unto my said Attorney full and whole Power and Authority for me, and in my name, stead and place, to make and conclude with any person or persons any agreement whatsoever touching the Premisses, in as full and ample [Page 72]manner as I my self could do in my own person And I will ratifie and comfirm whatsoever my said Attorney shall lawfully do in pursuance of these presents.
In witness, &c.
To N. C. W. P. and J. L. Gent. Attornies of his Majesty's Court of Common pleas at Westminster, I T. S. send greeting.
THese are to will and authorize you, or any one of you to appear for me the said T. S. the next Michaelmas Term in the Court aforesaid, at the suit of J. V. and of the same Term to confess one Judgment for 40 l. debt besides costs of suit, in any Action of Debt brought or to be brought by the said J. V. against me the said T.S. upon one Obligation, bearing date the 10th day of March, in the fourth year of the Reign of our Lord, &c. Whereby I the said T. S. did become bound unto the said J. V. in the penal sum of 80 l. with condition to be void upon payment of 40 l. at a day long since past; and for so doing this shall be your and every of your sufficient Warrant.
Given under my Hand and Seal the 10th day of August, in the sixth year of the Reign of our Sovereign Lord, &c.
To N. C. W. P. and J. L. Gent. Attornies of their Majesties Court of Common Pleas at Westminster, I D. S. send greeting.
THese are to will and authorize you, or any of you to appear for me the said J. F. the next Michaelmas Term in the Court aforesaid, at the suit of R. C. to confess one Judgment for 20 l. debt, besides costs of Suit in any Action of Debt by him brought or to be brought against me the said J. F. and for so doing this shall be your [Page 73]Warrant.
Given under my Hand and Seal the 20th day of August, in the Year of Our Lord, 1699.
A Letter of Attorney to appoint a Steward and Bailiff of a Mannor to keep Courts.
KNow all men by these presents, That we R. C. and C. R. of, &c. do hereby authorize, constitute and appoint A. B. of, &c. our lawful Deputy and Attorney, for us, and in our names to appoint a Steward and Bailiff of and for our Mannor of C. and by himself or his sufficient Deputy, to and for our use to keep Courts within the said Mannor, and to give admittance upon alienation or death, and to take and receive Atturnments of all and every the Tenants thereof. And to and for our use to assess Fines upon such admittances, and for us and in our names and for our use to receive the said Fines: And also all such Heriots as shall be due upon the death or alienation of any Tenant or Tenants: And likewise to receive all Rents and Arrearages of Rent, and also all Amercements, Perquisites and Profits that shall arise and grow due to us, for out of the said Court. And we do also hereby authorize the said A. B. to gather, take up and seize to our use all Wayfs, Strays, Deodands, Outlaws and Felons Goods which shall happen to arise, be due or fall within the said Mannor.
In witness, &c.
A Letter of Attorney to take possession of Land newly purchased.
KNow all men by these Presents, That I R. C. of, &c. have made, ordained, constituted, authorized and appointed, and by these presents, do make, ordain, constitute, authorize, appoint, and in my stead and place put C. R. of, &c. my true, sufficient [Page 74]and lawful Attorney for me, and in my name and to my use, to take and receive peaceable and quiet possession and seizin of and in all that Messuage or Tenement, and all and singular the Lands, &c. with the appurtenances, situate, lying and being in, &c. lately bargained and sold by F. J. unto me the said R. C. And the same possession so had and taken, to detain and keep to the only use and behoof of me the said R. C. my Heirs and Assigns, according to the tenour and true meaning of the Indenture, whereby the said Premisses are conveyed unto me, Ratifying, allowing and confirming all and whatsoever my said Attorney shall do or cause to be done in or about the Premisses by these Presents.
It witness, &c.
A Letter of Attorney from two Executors of a Bond sued to a Judgment.
KNow all men by these Presents, &c. That we R. C. and C. R. Gent. Executors of the last Will and Testament of A. B. late of, &c. in the County of S. Esq; deceased have made, constituted, ordained, and in our places and steads have put, and by these presents do make, ordain and put in our places and steads, our wellbeloved Friend J. F. of &c. our true and lawful Attorney for us, and in our names, but to his own use and behoof, to ask, demand, receive and take of F. J. of, &c. the sum of 15 l. of lawful Monies of England, due and payable to the said A. B. in his life time by virtue of one Obligation, bearing date, &c. wherein the said F. J. is, and standeth bound to the said A. B. in the penal sum of One Hundred Pounds, conditioned for the payment of the aforesaid Sum of fifty pounds, as by the said Obligation and Condition doth more fully appear: And whereas the said A. B. in his life time did obtain one Judgement [Page 75]upon the said Bond or Obligation for the said Sum of One Hundred Pounds besides costs of Suit, Know ye further, That we the said R. C. and C. R. have authorized and appointed, and by these presents do authorize and appoint the said J. F. in our names, but to his own use, to sue and take out any Execution or Executions, or other Process upon the said Judgment against the said F. J. his Heirs Executors or Administrators or any of them, or against his, their or any of their Lands, Tenements, Goods or Chattels, and with him, them or any of them to compound or agree at his will and pleasure for the same, and the benefit and profit thereof to his own use to take, and him the the said F. J. to sue arrest, implead and imprison, and out of Prison to discharge and release at his will and pleasure; and all and every other thing and things which in or about the obtaining and getting of the said debt and damages, or any part or parcel thereof, shall be needful and necessary to be done, to execute, and do in as large, ample and beneficial manner and form, to all intents and purposes as we the said R. C. and C. R. may, can, might, could, should, or ought to do by virtue, force or reason of the said recited Obligation or the Condition thereof, or by virtue, force or reason of the said Judgment thereupon had.
In witness whereof we have hereunto set our Hands and Seals this 10th day of December, &c.
A Letter of Attorney or Assignment of a man's whole Estate, in consideration of several Debts and Ingagements.
Whereas I am indebted unto J. F. in the Sum of 50 l. of lawful [Page 76]Monies of England. And the said J. F. and one F. J. of, &c. stand jointly and severally ingaged for me the said R. C. in several Bonds or Obligations for several Sums of Monie, Now know ye, That I the said R. C. for and towards the payment and satisfaction of the said Monies, and for divers other good considerations me thereunto moving, have granted, assigned, bargained and sold, and by these presents do freely and absolutely grant, assign, bargain and sell unto the said J. F. and F. J. All and all manner of Goods, Chattels, Debts, Monies and all other things of me the said R. C. whatsoever, as well real as personal, of what kind, nature or quality soever; To have and to hold the same, and every part and parcel thereof unto them the said J. F. and F. J. their Executors, Administrators and Assigns for ever, to the only proper use of them the said J. F. and F. J. their Executors, Administrators and Assigns for ever in, &c.
A Letter of Attorney to receive Monie which is not yet become due upon a Bond.
Whereas J. V. of, &c and V. J. of, &c. by their Obligation bearing date. the, &c. last past are and stand bound unto the said R. C. in the Sum of, &c. with Condition for the payment of, &c. on the, &c. now next coming, as by the said Obligation it doth more fully appear, Now know ye that I the said R. C. have hereby, made, ordained, constituted and authorised my loving friend J. F. of, &c. to be my lawful Attorny and Assignee for me, and in my name to demand and receive the said Sum of, &c. at the time limited for the payment of the same, And [Page 77]if the same shall not be then paid, to sue for and recover the Sum of, &c. being the penalty of the said Obligation, And I the said R. C. shall and will allow and maintain all and every Action, Plea and Process which he the said J. F. shall in my name, bring or sue for the obtaining and recovery thereof,
In witness whereof I have hereunto sent my hand and Seal this tenth day of March in the first year of the Reign of our Sovereign Lord King William, &c. Anno (que) Dom. &c.
Sealed and delivered in the presence of [...]
A General Letter of Attorney.
Know ye that I the said R. C. for divers good reasons and considerations me hereunto moving have appointed, constituted and authorized, and in my stead and place deputed, and by these presents do appoint, constitute and authorize, and in my stead and place depute my loving Friend J. F. to be my true and lawful Attorney, irrevocable, for me, and in my name, and to my own proper use and behoof to ask, demand and require, sue for, recover and receive all such Debts, Duties, Sum and Sums of Mony, Rents, yearly Payments, Merchandizes, Goods, Chattels, Legacies and Monies due or to be due on any Bill or Bills of Exchange or otherwise, and all other demands whatsoever, which now are or hereafter shall be due, payable or any way belonging unto me, by or from any Person or Persons or Bodies Corporate or Politick whatsoever or howsoever; And for default of payment of any Rent or Rents which now is, or hereafter may become [Page 79]due unto me, to enter into all or any of my Messuages, Lands, Tenements, Hereditaments or any of them or any part thereof, and to distrain for the same Rent or Rents, and for default of payment thereof to enter in the name of the whole, and possession thereof to take, and to make, seal and deliver in my name any Lease or Leases of Ejectment thereupon for any Term or number of years as in such case is usual, and to use all lawful ways and means for recovery of the Premisses: And to pay any Sum or Sums of Mony lawfully due from me to any person or persons whatsoever, And to contract for, lett, sett, bargain and sell all or any of my Messuages and Lands, Tenements or Hereditaments, Goods or Cattels whatsoever, for Term of years or otherwise as he shall think fit: And to sue, implead, or make answer, prosecute or defend in any Court, of Law or Equity, and before any Judges or Justices, or other person or persons in any Suit, Action, Matter or Cause with me, for me, or against me as the Case shall require: And to deal and intermeddle in any Action, Suits, Affairs and Business any way concerning me, as my Factor or Agent, or otherwise, Giving and granting by these presents to my said Attorney, my full and lawful Power and Authority, in the Execution and performance of all and singular the Premisses, and to make any Composition or Agreement, for or concerning the Premisses, And to make, seal and deliver any Discharge or Acquittance for me, and in my name as shall be requisite; And Attorney or Attorneys under him to make, and at his pleasure to revoke, and generally to do, determin and execute all and every such further, and other lawful and reasonable Act and Acts Device and Devices whatsoever, which in and about the Premisses shall to my said Attorney [Page 78]seem fit to be done, as fully and amply as I my self might or could do if personally present, ratifying, allowing and confirming whatsoever my said Attorney shall lawfully do, or cause to be done in my name by force hereof.
In witness, &c.
A Letter of Attorny to enter on Land and deliver a Lease.
KNow all Men, &c. That I R. C. of, &c. have made, ordained, constituted and appointed, and by these presents do make, ordain, constitute and appoint J. F. of, &c. my true and lawful Attorney for me, and in my stead to enter and come in my name into and upon the Farm and Lands of T. in the P. of, &c. in the County of, &c. now in the Tenure or Occupation of J. U. or his Assigns, and upon any part thereof, then and there for me, and in my name and stead to deliver as my Act and Deed unto R. R. of, &c. or to his Assigns one Indenture which I have already Sealed bearing date, &c. made between me the said R. C. of the one part, and the said R. R. of the other part, purporting a Lease of the said Farm and Lands unto the said R. R. his Executors, Administrators and Assigns, for the Term of ten years next ensuing, as in and by the said Indenture more at large appeareth; which Indenture after the same shall be so delivered by my said Attorney, I the said R. C. do promise by these presents, shall be as effectual a Deed in Law, to all intents and purposes, as if I the said R. C. had sealed and delivered the same then and there in person. In, &c.
Note, Such Letter of Attorney may be better put in the same Lease or Deed, in form as followeth.
And this Indenture further witnesseth, that the said R. C. for the better execution of these presents, doth hereby nominate, constitute, ordain and appoint J. F. of, &c. his true and lawful Attorney, for him, and in his name, stead and place to enter into and upon the said Messuage, &c. and thereof to take full possession, and seizin, and such possession and seizin, so had and taken to deliver unto the said R. R. in and upon the said Premisses this present Indenture as the Act and Deed of the said R. C. so that this Indenture may be duly executed, and the said R. R. his Executors, Administrators and Assigns may be possessed of the said Premisses, and may enjoy the same according to the form and effect of this Indenture; And further to do and execute all and every other matter and thing for the better and more perfect execution of these presents.
In witness, &c.
A Letter of Attorney to take Possession of a Messuage, extended by the Sheriff upon a Statute.
Know ye that I the said R. C. have made, ordained, constituted and appointed, and by these presents do make, ordain, constitute and appoint J. F. and A B. or either of them my true and lawful Attorneys or Attorney, jointly or severally for me, and in my name to take and receive of the now Sheriff of the County of S. peaceable and quiet Possession, as well of and in one capital Messuage, &c. as of and in, &c. all and singular which said Lands and Premisses were lately belonging unto R. R. Gent. and which the said Sheriff hath Extended by vertue of a Writ of Extent to him directed on a Statute for 200 l. acknowledged and entred into by the said R. R. unto me [Page 81]the said R. C. giving and by these presents granting unto my said Attorneys, or either of them, full Power and Authority for me, and in my name to do, execute and accomplish all and whatsoever shall be needful and necessary to be done, in or about the Premises by these presents: And I shall and will ratifie, allow and confirm all, and whatsoever my said Attorneys or either of them shall do, or cause to be done in or about the Premises by these presents, as if I my self were then and there presonally present.
In witness, &c.
A General Letter of Attorney to receive Debts.
KNow all men, &c. That I R. C. of, &c. have constituted and authorized, and in my stead and place by these presents put J. F. of, &c. to be my true and lawful Attorney for me, and in my name, and to my use to ask, sue for, levy and receive of J. A. of, &c. all and every such Debts and Sums of Monie, which are now due unto me from any person or persons, or any way howsoever, giving and granting unto my said Attorney my full Power and Authority in and about the Premisses, And on the receit of any such Debt or Sums of Monie, Acquittances or other discharges for me and in my name to make seal and deliver, and all and every such Act and Acts, Thing and Things, Device and Devices in the Law, for the recovery of all and every such Debts or Sums of Monie as aforesaid for me and in my name to do, execute and perform as fully, largely and amply in every respect, to all intents, as I my self might or could do if personally present, ratifying, allowing and confirming whatsoever my said Attorney shall lawfully do, in or about the Execution of the Premisses, by vertue of these presents.
In witness, &c.
A Revocation of a Letter of Attorney.
Whereas I the said R. C. on trust and confidence which I had and did place in P. P. of, &c. did by my Letter of Attorney constitute and make the said P. P. my Attorney, for recovery of all Debts and Sums of Monie whatsoever due to me the said R. C. as by the said Letter of Attorney more fully appears, Now know ye that I the said R. C. for that the said P. P. hath by colour of the said Authority to him given, behaved himself greatly to my hindrance, contrary to the trust and confidence I reposed in him, have revoked, countermanded and made void, and be these presents do revoke, countermand and make void the said Letter of Attorney, and all power and Authority thereby given to the said P. P.
In witness, &c.
A Letter of Attorney of several Sums of Monie due from one persons.
KNow all men by these presents, that I R. C. of, &c. for divers good and valuable considerations m hereunto moving, have made, constituted and ordained, And do by these presents make, constitute and ordain J. F. of, &c. my true and lawful Attorney in my name, but to the only proper use of him the said J. F. his Executors, Administrators and Assigns, to demand and receive all such Sum and Sums of Monie as are due or owing to me from A. B. of, &c. any manner of way howsoever, And for default of payment to Sue, Arrest, Attach, Implead and Imprison him the said A. B. and his Body, Goods and Chattels in Execution to take, and out of Execution to deliver and discharge, on satisfaction, composition [Page 83]or otherwise, at the will and pleasure of my said Attorney; Acquittances or other discharges in my name to Seal and Deliver; Attorney or Attorneys one or more under him the said J. F. to make and substitute or revoke; And generally to do, execute, prosecute and determin all and every other Act and acts, thing and things whatsoever, which in and about the Premisses shall be needful and expedient, as fully and effectually, and in as large and ample manner, to all intents and purposes as I the said R. C. might or could do, without any account thereof to be given to me, my Executors, Administrators or Assigns, And whatsoever my said Attorney shall do, in, about or concerning the Premisses, I do by these presents, ratifie, confirm and allow.
In witness, &c.
A Letter of Attorney to Sue an Action of Covenant.
Whereas in one Indenture bearing date, &c. made between the said C. R. by the name of, &c. of the one part, and J. F. of, &c. of the other part, there are divers Covenants contained on the part and behalf of the said J. F. his Executors and Administrators to be kept and observed, touching a Lease granted to the said C. R. by A. Lord R. of of a certain Messuage scituate, &c. and covenanted to be transferred over by the said C. R. to the said J. E. as by the said Indenture it doth more at large appear, Now Know ye that I the said R. C. for divers Good causes and considerations me moving and especially for that it appeareth by the said Indenture, that the name of the said C. R. was only used in trust for the benefit of R. F. Wife of the said J. F. and their Issue, have made, ordained, constituted, and in my stead and place, [Page 84]put and appointed my beloved Friend F. J. of &c. to be my true and lawful Attorney, for me, and in my name to Sue, Implead and Prosecute the said J. F. his Executors or Adminstrators, for or upon the breach or non-performance of all, or any the Covenants in the said Indenture contained; And to have, receive and take to, and for the only use and benefit of him the said F. J. his, &c. all such Sum and Sums of Monie, profit, commodity and advantage whatsoever, which shall be recovered or gotten by means of any such Suit, Action or proceeding concerning the same; And to do, execute, and perform all and every other Act and Acts, thing and things whatsoever, which shall be needful and necessary to be done in and about the Premisses, in as large and ample manner and form to all intents and purposes, as I my self might or could do, And all such lawful Actions and Suits, as the said F. J. shall bring or sue concerning the premisses, against the said J. F. his Executors, Administrators or Assigns, I promise to allow, maintain, justify and confirm by these presents,
In Witness, &c.
A Letter of Attorney to demand Rent, and on default of payment to re-enter according to a Proviso for such re-entry contained in the Lease.
KNow all Men by these presents, that I F. B. of the Parish of St. P. in the County of S. Widow, Executrix of the Testament of A. B. late of M. N. in the County of D. Clerk, have made constituted and appointed, and by these presents, do make constitute and appoint, R. C. of S. in the Isle of P. in the said County of D. Gent. my true and lawful Attorney, for me and in my name, stead and place, on the Eight and Twentieth day next after the Feast of the Annunciation of the Blessed Virgin Mary next coming, at the Capital [Page 85]Messuage, Mansion or dwelling House commonly called or known by the names or name of Forthill, otherwise Forsell, or Furzhill, situate lying and being within the Parish of C. or C. H. in the said County of D. to demand and receive of and from J. L. of D. in the said County of D. Bookseller R. S. of D. aforesaid Woollendraper, and J. S. of B. in the said County of D. Clerk, Twenty pounds of lawful Monie of England, which will become due unto me the said F. from the said J. L. R. and J. S. at the said Feast of the Annunciation of the Blessed Virgin Mary next coming, for one half Years Rent for the said Mussuage, Mansion or dwelling House, and divers Lands and Tenements, with the Appurtenances thereunto belonging, which by one Indenture of Lease, bearing date the Twentieth day of February, in the Year of our Lord One Thousand six hundred fifty five, were by the said A. B. demised unto the said I L. R. and J. S. for a certain Term of Years yet unexpired; And for default of payment of the said Twenty pounds, I give and grant unto my said Attorney, full power and Authority to enter into and upon the said Messuage, Mansion House and premisses, by the before mentioned Indenture of Lease demised, and thereof for me and in my name stead and place to take Possession, to the intent the said Indenture of Lease may become void, according to a certain Proviso in the said Indenture contained; And further to do and perform all things requisite and necessary to be done in and about the execution of these presents, according to the true intent and meaning thereof.
In Witness, &c.
The like Letter of Attorny from a Corporation.
TEnore presentium Nos C. S. Sacre Theologie Professor Decanus Ecclesie Cathedralis Sancte Trinitatis Cicest’ & ejusdē Eccłie Caplm̄ fecimus constituimus & ordinavimus diłcm̄ nobis in Xp̄o B. C. Generosum nostrum Cap̄larem nostrum verum & legitimum Attorn̄ pro nobis & vice & nomine nostris a die Scī Michaelis ult̄ p̄terit̄ in unum mensem sciłt vicesimo septimo die Octobris instan̄ in Claustro Australi Eccłie Catħlis p̄dict̄ ad petend̔ demandand̔ & recipiend̔ de W. S. &c. tres libras duodecim solidos & sex dena’ qui fue’ nobis debit̄ per p̄dict̄ W. S. de reddit̄ ꝓ dimid̔ unius anni finit̄ ad Festum Scī Micħis Archī p̄dict̄ ꝓ Rectoria de F. cum pertin̄ & aliis in Com̄ S. que per quandam Indenturam geren̄ dat̄ quarto die Augusti Anno Regni Dn̄i Caroli primi nuper Regis Anglie &c. primo fuerunt per Decanum & Capłū Eccłie Catħis p̄dict̄ dimis̄ p̄fat̄ W. S. Et pro defectu solutionis p̄dictarum trium libra (rum) duodecim solidorum & sex denariorum damus & concedimus dicto Attorn̄ nostro plenam potestatem & authoritatem nostram ad intrand̔ in & super dict̄ Rectoria & p̄missis p̄ dictis & de eisdem pro nobis & vice & nomine nostris capere possessionem ea intentione qd̔ Indentura p̄dict̄ foret vacua scdm̄ formam cujusdam provis. sive conditionis in eadem Indentura content̄ Necnon ad faciend̔ exequend̔ & expediend̔ omnia alia & singula que necessaria fue’ aut opportuna in vel circa executionem p̄sentium scdm̄ tenorem & veram intentionem earundem
In cujus rei testimoniū &c.
The like Letter of Attorney, where two several Rents are reserved on the Lease.
TEnore presentiū Nos C. S. Sacre Theologie Professor Decanus Eccłie Catħis Scē Trinitatis Cicestr’ & ejusdem Eccłie Capłm̄ faciamus constituimus & ordinamus dilcm̄ nobis in Xp̄o N. C. Gen̄ Cłicum nostrum Capłarem nostrum verum & legittimum Attorn̄ ꝓ nobis & vice & nomine nostris super vicesimo die prox. ventur’ post Festum Natalis Salvatoris nostri Christi ult̄ p̄terit̄ in Porticu Occidentali Eccłie Catħis p̄dict̄ ad petend̔ demandand̔ & recipiendd̔ de W. W. Executoribus Administratoribus sive Assign̄ suis sex solidos qui fuer’ nobis debit̄ de reddit̄ ꝓ dimid̔ unius anni finit̄ ad p̄dict̄ Festum Natalis Salvatoris nostri Christi pro uno Mesuagio sive Tenemento cum Gardino adinde adjacen̄ situat̄ & existen̄ ex Occidentali Latere Borealis Pallant̄ infra Civitat̄ Cicestr’ in Com̄ S. & ꝓ uno Gardino jacen̄ in Orientali Pallant̄ infra eandem Civitatem in quodam loco ib̄m vocat̄ Sickless (videłt) pro p̄dict̄ Mesuagio & Gardino adinde adjacen̄ quin (que) solidos & ꝓ p̄dict̄ Gardino jacen̄ in Sickless p̄dict̄ unum solidum que quidem Mesuagium & Gardinum per quandam Indenturam geren̄ dat̄ ultimo die Ianuarii Anno Regni Dn̄i Caroli secundi nuper Regis Anglie &c. vicesimo fuerunt per Decanum & Capłum Eccłie Catħis p̄dict̄ dimiss̄ p̄fat̄ W. W. & ꝓ defectu solutionis p̄dictarum seꝑalium summarum denar’ respective damus & concedimus dict̄ Attorn̄ nostro plenam potestatem & authoritatem nostram ad intrand̔ in & super Tenementa p̄dict̄ respective & de eisdem respective ꝓ nobis & vice & nomine nostris capere possessionem ea intentione qd̔ Indentura predicta foret vacua secundum formam cujusdam provis̄ sive Conditionis in eadem Indentura content̄ Necnon ad faciend̔ & exequend̔ & expediend̔ omnia alia & singula que necessaria sunt aut opportuna [Page 88]in vel circa executionem presentium secundum tenorem & veram intentionem earundem
In cujus rei testimonium &c.
A fit Indorsment to be made on such Letter of Attorney, for a Memorial of the Execution thereof.
Ante Occasum Solis & dum satis fuit lucis ad pecunias numerand̔ in Porticu Occidentali Eccłie Catħlis Scē Trinitatis Cicestr’ ego N. C. vigore istius scripti demand [...]vi seꝑales reddit̄ in eode scripto mentionat̄ secundum formā & effectum scripti illius & ib̄m sic continue demandavi quous (que) propter appropinquantem noctem nummos numerare aut distinguere non potui Duran̄ quo quidem tempore ad solvend̔ reddit̄ p̄dictos seu eorum alterum nemo venit nec solvit seu solvere obtulit quapropter postea sciłt decimo quinto die Ianuarii Anno Dom̄ 1682. secundum tenorem scripti p̄dict̄ ego idem N. vice & nomine Decani & Capłi in scripto isto nominat̄ intravi tam in & super Mesuagium & Gardinum in Boreali Pallanc quam Gardinū in Orientali Pallanc in eodem scripto mencionat̄ & de eisdem cepi possessionem ad intentionem in scripto p̄dict̄ specisicat̄.
Note, Because the Law doth not favour Forfeitures, and a Proviso of Re-entry must be prosecuted strictly, it is advisable, that the Attorney, when the Rent is by him demanded, holding the Letter of Attorney in his hand, to avoid all doubtfulness of the form and manner of the Demand, do cause it to be written ready before his Demand; and then speak it verbatim, thus,
Underneath may be subscribed a Memorial of it under the Hands of the Attorney and Witnesses present, thus:
14 January 1682. In the West Porch of the Cathedral Church above-mentioned N. C. did make such Demand as above, before night, and while it was light enough to tell so much Mony, and continued there so demanding until it was so dark as that Mony could not be distinguished, and had all that time in his hand such Letter of Attorney as above-mentioned; but none offered to pay the Rent above-mentioned.
Afterwards, to wit, the [...] day of [...] 1682. the said N. C. in the name and stead of the said Dean and Chapter did enter into the said Messuage, &c. And thereof did take possession to the intent the said Lease should determine and be void.
A Letter of Attorney to take Admittance to Copyhold Lands, and after Admittance to surrender.
Whereas R. C. and E. his Wife, on the, &c. which was in the year of our Lord, &c. did surrender into the hands of the Lord of the Mannor of B. in the County of S. one Close of Land called Breeches, alias, Newels, containing by Estimation Ten Acres (being parcel of one Yard of Bordland, called Fairmanners;) and one other Close of Land called Breeches, containing by estimation Six Acres; and one Close of Land called Downcroft, containing by estimation Five acres, lying in W. in the said County and holden by Copy of Court-Roll of the said Mannor, by the yearly Rent of 7 s. 2 d. to the use and behoof of the said L. T. and of his Heirs for ever, according to the Custom of the Mannor aforesaid, upon a Condition for making void thereof, if the said R. C. and E. his Wife should pay unto the said L. T. 106 l. at several days long since past. And whereas the said Surrender was made unto the said L. T. in Trust, for the Dean and Chapter of the Cathedral Church of, &c. and the Monies thereupon lent were the proper Monies of the said Dean and Chapter, and the Condition of the said Surrender is not yet performed. Now know ye, That I the said A. T. in discharge and performance of the Trust in the said L. reposed, as aforesaid, at the request and by the direction of the said Dean and Chapter, do by these presents make, authorize, appoint and put N. C. of the City of, &c. in the County aforesaid, Gent. my true and lawful Attorney, for me and in my name, stead and place, and to my use, to receive, have and take admittance of and from the Lord of the Mannor of B. aforesaid, or his Steward of his Court there, of, in and to the said several Closes of Land and Premises before-mentioned, with the appurtenances, according to the Custom of the Mannor aforesaid. And at any time after such [Page 91]admittance so had and taken, to surrender into the hands of the Lord of the said Mannor, all the said several Closes of Land and Premises, with the appurtenances, to the use and behoof of such person or persons, and their Heirs, as the said Dean and Chapter shall appoint. And further, to do and execute all and every act and thing necessary or expedient to be done, in or about such Admittance and Surrender, as aforesaid, as fully and amply as I the said A. T. might or could do in my own person.
In witness, &c.
A Letter of Attorney to traverse an Indictment, and enter into Recognizance to Prosecute.
BY these presents, I G. S. of the City of C. in the County of S. Merchant, do make, appoint and put N. C. Gent. my Attorney, for me and in my name and stead to appear before the Judges of Assize and General Gaol-delivery, at the next Assizes to beholden for the County of S. And to traverse and plead, That Iam not guilty of the Riot, Rout or Unlawful Assembly, whereof before the said Judges I am Indicted. And further, for me, and on my behalf, to enter into Recognizance for my appearance at the following Assizes, to prosecute such Traverse with effect; and I the said G. S. do hereby covenant with the said N. C. That I will appear at the next Summer Assizes to be holden for the said County, and prosecute such Traverse (as aforesaid) with effect; and discharge and save harmless the said N. C. from such Recognizance on my behalf to be entred into, as aforesaid.
In witness, &c.
A Letter of Attorney for appearance before a Judge, and submitting to an Indictment for a forceable Entry.
KNow all Men by these Presents, That I S. S. of C. in the County of S. Gent. do hereby nominate, constitute and appoint N. C. Gent. my true and lawful Attorney, for me and in my name, stead and place, before any competent Judge in this behalf, or in any Court of our Lord the King, to appear, and under Protestation, that I am not guilty; and because I will not plead with our said Lord the King, to submit to the Grace of our said Lord the King, or of such Court, upon one Indictment against me for a forceable Entry into a Messuage, with the Appurtenances in C. aforesaid, or the Parish of, &c. in the said County, or any other Indictment or Presentment whatsoever. And further, to do and perform all and every act and thing necessary to be done in or about the Premises; and I will allow and hold for sure and good whatsoever my said Attorney shall do in the Premises, as fully and absolutely as done by me in my own person.
In witness, &c.
Signed, sealed and delivered in the presence of [...]
An Obligation from One to One for payment of Mony.
NOverint universi per p̄sentes me B. R. de D. in Com̄ S. Generosum teneri & firmiter obligari S. M. de N. in Com̄ p̄dict̄ Yeom̄ in viginti libris bone & legalis Monete Anglie solvend̔ eidem S. M. aut suo certo Attorn̄ Executor’ Administrator’ vel Assign̄ suis Ad quam quidem solutionem bene & fideliter [Page 93]faciend̔ obligo me Heredes Executores & Administratores meos firmiter per p̄sentes sigillo meo sigillat̄ dat̄ decimo die Martii Anno Regni Domini Gulielmi tertii Dei Gratia Anglie Scotie Francie & Hibernie Regis Fidei Defens̄ &c. undecimo Anno (que) Dom̄ 1699.
The Condition of this Obligation is such, That if the above bound B. R. his Executors, Administrators or Assigns do or shall well and truly pay or cause to be paid unto the said S. M. his Executors, Administrators or Assigns, the Sum of Ten Pounds of lawful Mony of England, on or before the tenth day of June next ensuing the date hereof, then this Obligation shall be void, otherwise to remain in full force.
Sealed and delivered in the presence of [...]
An Obligation from Two to One, for payment of Mony on Demand.
NOverint universi per p̄sentes nos C. A. de B. in Com̄ S. Gen̄ & R. C. de C. in Com̄ p̄dict̄ Yeom̄ teneri & firmiter Obligari I. F. Armiger’ in ducentis libris bone & legalis Monete Anglie solvend̔ eidem I. F. aut suo certo Attorn̄ Executor’ Adminitor’ vel Assign̄ suis Ad quam quidem solutionem bene & fideliter faciend̔ obligamus nos & utrum (que) nostrum conjuctim & divisim Heredes Executores & Adnistratores nostros firmiter per presentes sigillis nostris sigillat̄ Dat̄ &c.
The Condition of this Obligation is such, That if the above-bound C. A. and R. C. or either of them, their or either of their Executors, Administrators [Page 94]or Assigns, do and shall well and truly pay or cause to be paid unto the said J. E. his Executors, Administrators or Assigns, the Sum of One Hundred Pounds of lawful Mony of England on demand, then this Obligation shall be void, otherwise to continue in full force.
An Obligation from One to Two, with Condition for payment of Mony at two several days.
NOverint universi per p̄sentes me R. C. de C. in Com̄ S. Gen̄ teneri & firmiter obligari I. F. Armiger’ & F. I. Gen̄ in sexdecem libris bone & legalis Monete Anglie solvend̔ eisdem I. F. & F. F. seu eorum alteri vel eorum aut alicujus eorum certo Attorn̄ Executor’ Administrator’ vel Assign̄ Ad quam quidem solutionem bene & fideliter faciend obligo me Heredes Executores & Administratores meos firmiter p p̄s;entes sigillo meo sigillat̄ Dat̄ &c.
The Condition of this Obligation is such, That if the above-bound R. C. do and shall well and truly pay or cause to be paid unto the said J. F. and F. J. or to either of them, or to their or either of their Heirs, Executors, Administrators or Assigns, the Sum of Four Pounds of lawful Mony of England, on or before the tenth day of June next ensuing the date hereof, and Four Pounds more of like lawful English Mony on the thirtieth of March, which shall be in the year of our Lord one thousand six hundred ninety and four, then this Obligation and all herein contained to be void, otherwise to stand and be in full force and virtue.
A Condition to save harmless from a Bond, for payment of Monie.
THe Condition of this Obligation is such, That whereas J. F. of C. in the County of S. at the instance and request of R. C. aforesaid, did become Bound for the proper Debt of the said R. C. to F. J. of L. in the said County of S. Esq; in one Bond or Writing Obligatory, under the penalty of 100 l. dated with these presents, as by the same Obligation and Condition doth more fully appear. If therefore the said R. C. his Heirs, Executors and Assigns, do and shall at all times hereafter save and keep harmless and indempnified the said J. F. from all manner of Arrests, Actions, Charges and Damages whatsoever, which shall or may arise or accrue by reason of the said recited Obligation, or any thing relating to or concerning the same; Then this Obligation to be void, or else to be in full force and virtue.
A Condition to perform Covenants.
THe Condition of this Obligation is such, That if the above-bound R. C. his Executors, &c. do and shall from time to time, and at all times hereafter, well and truly observe, fulfil, perform and keep all and singular the Covenants, Grants, Articles, Payments, Promises and Agreements, which on the part and behalf of the said R. C. his Heirs, Executors, Administrators and Assigns, are and ought to be performed, fulfilled, observed and kept, contained and specified in one pair of Indentures bearing date the 10th day of March, in the year of our Lord &c. made between the said R. C. of the one part, and the said J. F. of the other part, according to the true intent and meaning of the [Page 96]said Indentures; Then this Obligation to be void, otherwise, &c.
The Condition of a Bail Bond to the Sheriff, upon a Capias out of the Common-Pleas.
THe Condition of this Obligation is such, That if the above bound R. C. do appear before the Justices of our Sovereign Lord the King in the Court of Common Pleas at Westminster, in Crast. Animar' to answer to J. F. of a Plea of Debt; Then this Bond to be of no effect, or else to stand in full force.
A Condition to perform an Award of Arbitrators.
THe Condition of this Obligation is such, That if the above bound R. C. his Executors and Administrators, and every of them, for his and their part, do in all things well and truly stand to, observe, perform, fulfil and keep the Award, Arbitrement, Determination and Judgment of A. B. of, &c. and D. C. of, &c. Arbitrators indifferently chosen, elected and named, as well on the part and behalf of the said R.C. as on the part and behalf of the said J. F. to arbitrate, award, order, judge and determine, and a final agreement make, of and concerning all and every Action, Suit, Variance, Sum of Monie, claim and demand whatsoever, had, moved or depending between the said parties, so as the same Award of the said Arbitrators be made and put in Writing under their Hands and Seals, ready to be delivered to the said parties, on or before the 10th day of March next ensuing the date hereof, That then, otherwise, &c.
A Condition to find one Diet by the Year.
THe Condition, &c. That if the above-bound R. C. his Executors or Assigns, do and shall at his and their own proper costs and charges, find, provide and allow unto J. F. or any Servant of his in his stead, good wholsom and sufficient Diet, and Victuals of Meat and Drink, in such sort and manner as is now allowed by the above-bound R. C. for the time and space of one whole year from the 10th of March next coming. And if at any time the said J. F. or any Servant of his so to be Diered, shall be absent from the said Commons for the space of six Weeks or more together at any time or times during the said Term; If the said R. C. shall at the end of the said term allow him the said J. F. or his Servant Diet for as long time as he was absent, Then this Obligation shall be void, otherwise shall remain in full force
A Condition to save harmless for paying Rent, where the Title is in question.
THe Condition, &c. That whereas there is a Suit depending between the above-bound R. C. and others, touching their Right and Interest in the now Dwelling-house of the above-named J. F. situate, &c. and whereas the said J. F. hath agreed to pay the Rent of the said House to the said R. C. which is 50 l. per Annum, as the same shall grow due. If therefore the said R. C. his, &c. do and shall well and truly pay or cause to be paid unto the said J. F. his Executors or Assigns, all such Rent Sum and Sums of Mony, Charges and Damages whatsoever, as shall by due proceedings in Law be adjudged or decreed against him the said J. F. his, &c. and all other Costs and Damages whatsoever, [Page 98]which he the said J. F. shall sustain or be at, by reason of any Action, Suits or Forfeitures whatsoever, which shall or may happen or be to the said J. F. his Executors, Administrators or Assigns, by reason of paying the said Rent, or any part thereof, to the said R. C. his Executors, Administrators or Assigns; That then, &c.
A Condition to save harmless the Bail in an Inferiour Court.
THe Condition, &c. That whereas the within named J.F. at the special instance and request of the above-bound R. C. hath bailed the said R. C. in the Sheriffs Court, holden in the Counter in Woodstreet, London, in an Action of Trespass, at the Suit of E. G. &c. as by the Records of the same Court it doth appear. If therefore the said R. C. his, &c. and every of them do at all times hereafter clearly acquit and discharge, and save and keep harmless and indempnified the said J. F. his, &c. and every of them, against all persons whatsoever, from all Actions, Suits or Damages which may arise or accrue to the said J. F. his, &c. by reason of his being Bail for the said R. C. as aforesaid; Then, &c.
A Condition to leave a Wife worth a Hundred Pounds.
THe Condition, &c. That whereas there is a Marriage intended shortly to be solemnized, between the above-bound R. C. and C. B. Daughter of W. B. late of C. in the County of S. deceased: If after the said Marriage is solemnized it happen that the said R. C. do die, and the said C. shall survive him, then if the said R. C. shall at the time of his death leave unto the said C. the Sum of [Page 99]100 l. or the value thereof, in Goods and Chattels, to be freely taken, had used and disposed of by her the said C. her, &c. at her and their own wills and pleasures, without any claim trouble, suit or demand, of in or to the same, or any part thereof, from or by the Executors, &c. of the said R. C. or of any other person whatsoever; That then, &c.
A Condition to pay Mony at day of Marriage, or Death.
THe Condition of this Obligation is such, That if the above-bound R. C. his Executors, Administrators or Assigns, do and shall well and truly pay, or cause to be paid unto the above-named J. F. his Executors, Administrators or Assigns, the Sum of 10 l. within six Months after the Marriage of him the said R. C. or within six Months after the day of the death of J. V. of, &c. Gent. which shall first happen after the date hereof, without delay; Then, &c.
A Condition to deliver Hay and Oats.
THe Condition, &c. That if the above-bound R. C. his Executors, Administrators or Affigns, do and shall well and truly deliver, or cause to be delivered unto the above-named J. F. his Executors, Administrators or Assigns, at, &c. five Loads of good sweet well-made and well-dry'd Hay, every Load containing, &c. and twenty Quarters of sound wholsom and sweet Oats, good and Merchantable Ware, every Quarter to contain, &c. between the Feast-day of St. John the Baptist and St. James the Apostle, next ensuing the date of these presents, without any thing therefore to be paid, Then, &c.
A Condition to justifie all Actions commenced by virtue of a Letter of Attorney.
THe Condition, &c. That whereas the abovebound R. C. by his Deed or Letter of Attorney bearing date, &c. hath made and constituted the aforesaid J. F. his true and lawful Attorney, to ask, recover and receive, for him and in his Name, to the only proper use and behoof of the said J. F. his Executors and Administrators, 200 l. of, &c. for which J.V. of, &c. standeth bound to the said R. C. by his Obligation bearing date, &c. as by the said Letter of Attorney doth more at large appear: If therefore the said R. C. his Executors and Administrators, and every of them, do at all times hereafter avow, justifie and maintain all and every such lawful Action and Actions, Plaints, Process, Suits, Judgments and Executions, as the said J. F. his Executors, Administrators or Assigns, shall commence and pursue in the Name of the said R. C. his Executors, Administrators or Assigns, against the said J.V. his, &c. or any of them, upon or by by reason of the before-mentioned Obligation; Then, &c.
A Condition for a hired Servant's Truth.
THe Condition, &c. That whereas the abovenamed J. F. hath taken and received into his Service the above-bound R. R. If therefore the said R. R. do and shall during so long time as he the said R. R. shall dwell with the said J. F. well and truly serve the said J. F. his Master, without consuming or imbezeling, wasting, losing or unlawfully making away any of the Monies, Plate, Goods or Chattels of the said J. F. his Master, or of any other person or persons whatsoever, which [Page 101]shall or may be committed to his custody, by reason of his said Service. And if the said R. R. shall by negligence or otherwise consume, waste or unlawfully make away any Mony, Plate, Goods or Chattels of the said J. F. his Master, or of any other person committed to his care and custody, as aforesaid: Then if the said R. R. the above-bound R. C. and C. R. or any of them, their or any of their Executors, Administrators or Assigns, or any of them, do or shall within three Months next after due Proof thereof, and Notice given in Writing to the said R. C. and C. R. or either of them, mak sufficient recompence and satisfaction unto the said J. F. his, &c. for any and all damage sustained by means of the said R. R. as aforesaid; Then, &c.
A Condition to pay Rent.
THe Condition, &c. That if the above-bound R. C. his, &c. or some of them, do well and truly pay, or cause to be paid unto the abovenamed J. F. his, &c. the yerly Rent reserved and payable upon and by virtue of a pair of Indentures of Lease bearing date with these Presents, made Between the said J. F. of the one part, and the said R. C. of the other part, at such days and times as are therein limited and appointed, during the term thereby granted, without fraud or delay: Then, &c.
A Condition to pay Mony during Life, for Maintenance.
THe Condition, &c. That if, &c. his Executors, Administrators or Assigns, or any of them, do or shall for and during the Natural Life of J. F. &c. well and truly pay or cause to be paid unto the [Page 102]within named A. W. his Executors, Administrators or Assigns, for and towards the Maintenance of the said J. F. the Sum of, &c. on four days Quarterly every Year; That is to say, on the, &c. by even and equal portions, the first payment thereof to be made and begin on the, &c. next ensuing the date above-written; he the said A. W. his Executors, Administrators or Assigns, on every such payment, delivering unto the said R. C. his, &c. an Acquittance or Discharge in Writing for the Mony so paid and received from time to time; That then, &c.
A Condition to re-deliver a Bond, or the Mony due thereon.
THe Condition, &c. That whereas, the abovebound R. C. the day of the date hereof, hath received, and had of the above named J. F. one Bond, or Obligation bearing date, &c. as by the said Bond and Condition it doth more fully appear, which said Bond or Obligation together with a Letter of Attorney, of the date within Written, the said J. F. hath delivered to the said R. C. in trust only for the recovering and receiving the said Debt of, &c. mentioned in the Condition of the said Obligation, together with Costs, Damages, and reasonable Interest, if any shall be due, of, and from the said, &c. his Executors or Administrators; If therefore the said R. C. his Executors, Administrators or Assigns, do at any time hereafter within the space of one whole Year next coming after the date hereof, either well and truly pay or cause to be paid to the said J. F. his, &c. the full sum of, &c or re-deliver, or cause to be redelivered to the said J. F. his, &c. the said Obligation and Letter of Attorney, whole and uncancelled within the time before limited, Then, &c.
A Condition to gather Rents, and give an Account thereof.
THe Condition, &c. That if the above bound R. C. or his sufficient Deputy, do from henceforth during his natural life, well truly and entirely levy, collect and gather all and singular the Rents, Revenues, Perquisites of Courts, Issues and Profits whatsoever, of, or belonging to the Lordship or Mannor of L. &c. and of all the Members and parcels of the same, at the Feasts of, &c. yearly during the said Term, and all the same Rents, &c. and all Mony thereof coming or to come, for the same or any part thereof, do well and truly content and pay to the said J. F. his Heirs Executors, or Assigns, at the Feasts of, &c. yearly, And shall also at all times when required by the said J. F. his, &c. make render and deliver to the said J. F. his Heirs or Assigns, a just true and perfect Account of all the same Rents, Revenues, and other the premisses, and of all the Arrearages thereof (if any be) due, And do at the end of every such Account made, make just and true payment to the said J. F. his Heirs or Assigns; And further do well and truly adminster, serve and execute all Process to him to be directed from the Steward and Officers of the said J. F. his Heirs or Assigns, concering the Premises, or any part thereof, and moreover do during all the said Term, demean and behave himself as an honest and true Bayliff ought to do, that then, &c.
A Condition for a Wife to make a Will.
THe Condition, &c. That whereas, the abovebound R. C. has appointed and agreed to marry and take to Wife A. B. late Wife of D. C. [Page 104]deceased, by reason of which Marriage he the said R. C. will be much advanced in Substance and Riches; In consideration whereof if the said R. C. after the said Marriage had and solempnized, do quietly permit and suffer the said A. B. if she happen to depart this Life before the said R. C. to declare and make her Will in Writting or otherwise, and thereby to dispose of 100 l. at her free will and pleasure; And further if the said R. C. his Executors, Administrators or Assigns, or any of them on reasonable request to be made to him, them or any of them, by such person or persons, to whom any sum of Mony not exceeding the Sum aforesaid, shall be bequeathed, do well and truly pay or cause to paid such Sum or Sums of Mony so bequeathed and given by the said A. B. Then, &c.
A Condition to save harmless for being bound for Appearance.
THE Condition, &c. That whereas, the above named J. F. at the special instance and request of the above bound R. C. by one Obligation bearing date, &c. standeth bound joyntly and severally with the said R. C. and the within bound M. A. unto C. B. and B. C. Sheriffs of the City of London, in the Sum of, &c. with a Condition thereunder written for the appearance of the said R. C. before the Justices of his Majesty's Court of Common Pleas at Westminster, on the, &c. next, &c. to answer to J. V. of a Plea of Trespass, as by the said Obligation and Condition thereof more at large appeareth, If therefore the said R. C. his Executors, and Adminstrators and every of them, do from time to time, and at all times hereafter save and keep harmless the said J. F. his Heirs, &c. and the Goods and Chattles of him, them and every [Page 105]of them, against the Sheriffs of the City of London, and against all other Persons whatsoever, of and from all Actions, Suits, Judgments, Executions and Damages whatsoever, which may arise or come, for or by reason of the said Obligation and Condition, Then, &c.
A Condition to save harmless for being bound in a Sheriff's Bond.
THE Condition of this Obligation is such, That whereas the above-named N. C. at the special instance and request of the above-bounden G. S. and H. F. together with them in and by one Obligation, bearing date with these Presents, is become bound unto J. B. Esq; Sheriff of the County of Sussex, in the penal Sum of forty pounds, conditioned to be void, if the said G. S. shall appear before the Justices of our Lord the King at Westminster from the day of St. Martin in fifteen days, to answer H. S. of a Plea of Trespass, and also to answer the said H. according to the Custom of the Court of Common-Pleas in a certain Plea of Debt upon demand of ten pounds. If therefore the said G. S. shall appear before the said Justices of our Lord the King at Westminster, from the said day of St. Martin in fifteen days, to answer the said H. S. of the said Plea of Trespass. And also to answer the said H. according to the said Custom of the Court of Common-Pleas in the said certain Plea of Debt upon demand of ten Pounds. And also if the said G. S. his Executors and Administrators shall, well and truly pay, or cause to be paid, unto the said N. C. his Executors or Administrators all such Sum and Sums of Mony as shall become due unto the said N. C. for Fees and Expences in and about the defence of the said Suit, Then [Page 106]this Obligation to be void, or else to stand and be in full force.
Another Condition to save harmless for being bound in a Sheriffs Bond.
THE Condition of this Obligation is such, That whereas the above-named N. C. at the special instance and request of the above-bound J. P. together with the said J. in and by one Obligation bearing date with these Presents, is become bound unto W. G. Baronet, Sheriff of the County aforesaid, in the penal Sum of fourscore Pounds with Condition to be void, if the said J. P. shall appear before the Justices of our Lord the King at Westminster, from the day of St. Martin in fifteen days, to answer J. F. Esq; in a Plea of Debt of forty Pounds, as by the said Obligation and Condition more at large appeareth. If therefore the said J.P. shall appear before the said Justices of our Lord the King at Westminster, at the day aforesaid, to answer the said J. F. in the Plea aforesaid, in discharge of the said Obligation. And also if the said J. P. shall within two Months next coming cause the said recited Obligation to be redelivered up to the said N. C. Then this Obligation to be void, or else to stand and be in full force.
A Condition not to become Surety without License.
THE Condition, &c. That if the above-bound R. C. do not at any time hereafter engage or bind himself in, by or with any Bond, Bill, Specialty or Contract or otherwise, to or for the payment of any other Debt or Debts, or Sum or Sums of Mony, than such Debts and Sums of Mony only as now are or hereafter shall be contracted and owing by the said R. C. in respect [Page 107]or by reason of his own Trade or Business, without the consent and agreement of the above named J. F. his Executors, Administrators or Assigns, That then, &c.
A Condition not to sell his interest in a Shop before J. F. has refused to buy it.
THE Condition, &c. That whereas the above bound R. C. hath and is possessed of one Shop situate, &c. for the Term of twelve years, as yet to come and unexpired, as by a Lease thereof made to the said R. C. by one A. B. by Indenture dated, &c. it doth more fully appear. If therefore the said R. C. do not at any time hereafter grant, bargain, sell or assign his said interest and Term of years yet to come in the said Shop, to any person or persons, without first having the refusal of the said J. F. in writing, to buy or purchase the same; Then, &c.
A Condition to leave two parts in three of Land and Goods to a Wife.
THE Condition, &c. That if a Marriage intended to be solempnized between the above bound R. C. and R. C. Daughter, &c. shall take effect; And if after the said Marriage it doth happen that the said R. C. doth survive him the said R. C. And if he the said R. C. shall before his decease convey and assure to her the said R. C. two full parts of all such Goods and Chattels, as he now hath or hereafter shall have during the Coverture, the same into three parts to be divided; And shall also assure and convey two full parts of all such Lands and Tenements as he the said R. C. shall be or is now possessed of in his own right of any Estate whatsoever, the same into three parts to be divided, so that the said [Page 108]two parts of all such Lands and Tenements be conveyed and assured to them the said R. C. and R. C. and the Heirs of their two Bodies, and for lack of such Issue, to the Heirs of her the said R. C. for ever, and not otherwise; That then, &c.
A Condition that the Husband shall not sell a House and Goods nor any part thereof, (whereof the Wife was seised before Marriage,) during the Coverture, and to leave the same discharged of Incumbrances, if the Wife-survive.
THE Condition, &c. That whereas there is an Agreement made between the above bound R. C. and C. R. of, &c. Widow, for a Marriage to be had and solemnized between them two, And whereas the said C. by virtue of one Indenture of Lease bearing date, &c. made by one J. F. to her the said C. is possessed of one Messuage, &c. with the Appurtenances in A. for all the residue of the Term of 21 years, &c. to come in the said Indenture mentioned, And is also possessed of certain Plate, Jewels and House-holdstuff in the said Messuage now being: If therefore at any time after the said Marriage, and during the Natural Life of the said C. the said R. C. doth not alien, sell, bargain, grant, forfeit, mortgage or incumber the said Messuage, &c. nor do remove, convey or carry away, or cause to be conveyed, removed or carried away any of the Plate, &c. from or out of the said Messuage, nor bargain, sell, change or alter the property of any part thereof, without the consent of the said C. And if it happen that the said C. do survive him, the said R. C. if then also he the said R. C. do leave the Interest in the said Lease of the said Messuage, &c. and all the Plate, &c. which shall then remain unsold or unaliened [Page 109]by the consent of the said C. free from all bargains, sales or incumbrance by him done, made or procured to her the said C. her Executors and Assigns, so that she and they may lawfully, peaceably and quietly, have, hold, possess and enjoy the same without any lett, suit, trouble, claim or demand from any person or persons whatsoever, from and immediately after the decease of the said R. C. That then, &c.
A Condition to make one Free.
THE Condition, &c. That if the above bound R. C. his Executors, Administrators, or Assigns, do and shall within one year next ensuing the date hereof upon reasonable request to him or them to be made by the above named C. R. cause and procure the said C. to be lawfully and orderly according to the Custom of the City of L. admitted into the Liberty and Freedom of the same City, without any manner of fraud or covin at the only costs and charges of him the said C. R. so always, that the said C. R. shall not be lawfully hindred thereof, by reason of any Act or thing to be done hereafter by the said C. R. That then, &c.
A Condition to become Bound with another to the Obligee, who has passed his word for the Debt of the Obligor.
THE Condition, &c. That whereas the above named J. F. at the request, and for the proper Debt of the above bound R. C. has agreed and undertaken for the payment of 50 l. of lawful Mony of England, to be paid by him the said J. F. his Executors, Administrators or Assigns, to F. J. of, &c. his, &c. according to the tenor and effect [Page 110]of one Pair of Indentures dated and made, &c. If therefore the said R. C. do together with one C. R. of, &c. become bound unto him the said J. F. his, &c. in and by one Bond or Obligation, at or before the tenth day of March next ensuing the date hereof wherein the said R. C. and C. R. shall be jointly and severally bound unto the said J. F. his Heirs Executors, Administrators and Assigns, in the Sum of 100 l. of lawful Mony of England, with Condition for the saving and keeping harmless him the said J. F. his Heirs, &c. from all charge and damage which may arise, happen or come to him the said J. F. his Heirs, Executors, Administrators or Assigns, for or by reason of his engaging, promising or undertaking to pay the said 50 l. to the said F. J. his Executors, Administrators or Assigns as aforesaid, Then, &c.
A Condition that a Father having received a Legacy given to a Child, shall save the Executor harmless.
THE Condition, &c. That whereas the above mentioned R. C. did by his last Will and Testament give and bequeath to S. C. one of the Sons of the above bound A. C. the Sum of 50 l. of lawful Mony of England, to be paid unto him the said S. C. or his Assigns, when he should attain to his full age of one and twenty years, As by the said Will it doth more fully appear: And whereas the above named J. F. and F. J. at the special instance and request of the said A. C. at and before the ensealing and delivery of these presents, have paid and delivered the said 50 l. to the said A. C. to and for the use of the said S. C. his Son, if therefore the said A. C. and the abovebound C. A. their or either or any of their Executors, Administrators or Assigns, do well and [Page 111]truly pay or cause to be paid the said 50 l. unto the said C.S. when he shall be of the age of one and twenty years, And do also at all times hereafter acquit, exonerate and discharge, or well and sufficiently save and keep harmless them the said J. F. and F. J. and either of them, their and either of their Executors, Administrators and Assigns, of, and from all Actions, Damages, Trouble, Claims and Demands, of or from the said S. C. or any other Person or Persons whatsoever, for or by reason of the payment of the said 50 l. to the said A. C. That then, &c.
A Condition to pay back part of a Legacy, if any Debt of the Testator shall appear after to be unpaid.
THE Condition, &c. That whereas the above bound R.C. hath had and received of the above named C. R. Executor of the last Will and Testament of one A. B. of, &c. deceased, the Sum of 50 l. of, &c. a Legacy given and bequeathed by the said A. B. to the said C. R. If therefore any Debt hereafter of the said A. B. shall happen to be demanded or received and paid by the said C. R. his Executors or Administrators, and the said R. C. his Executors or Administrators, shall within one Month after notice thereof, well and truly pay or cause to be paid to the said C. R. his Executors or Assigns, a ratable part and proportion back again towards the satisfaction of the said Debt; That then, &c.
A Condition to make satisfaction if any mistake be found in an Account made up.
THE Condition, &c. That whereas the above bound R. C. having been Apprentice unto the said J. F. is now about to leave the Service of the [Page 112]said J. F. and in order thereto hath given an account in writing of all dealings and businesses of the said J. F. transacted by the said R. C. during his said Apprenticeship, If therefore the said R. C. his Executors, Administrators or Assigns, do and shall well and truly account for, satisfie and pay any Sum or Sums of Mony, which on a more exact and strict Examination of the said account shall appear not to have been accounted, and to be due to the said J. F. his Executors, Administrators and Assigns, Then, &c.
A Condition to save harmless one Bail for a Defendant in the Common-Pleas, and for the Defendants paying the Condemnation Mony, or rendring himself to Prison, if Judgment be against him.
THE Condition of this Obligation is such, That whereas the above named R. C. at the request of the above bound E. A. hath agreed to become Bail or Manucaptor of the said E. in his Majesty's Court of Common-Pleas at Westminster, at the Suit of J. M. Gent. one of the Attornies of the same Court, in an Action of Covenant broken, If therefore within five days next after Judgment shall happen to be given against the said E. in the Action aforesaid, the said E. do or shall pay the condemnation Mony, or render himself a Prisoner to the Prison of the Fleet in discharge of the Bail or Manucaption aforesaid, And also if the said E. A. his Heirs, Executors or Administrators, do or shall from time to time and at all times hereafter, save, defend and keep harmless the said R. C. his Heirs, Executors and Administrators, of and from all Writs, Actions, Suits, Bills, Costs, Charges and Damages, which shall or may be brought or prosecuted against the said R. C. his Heirs, Executors or Administrators, or which he or they shall or may bear, pay or [Page 113]suffer for or by occasion that the said R. C. hath or shall become Bail or Manucaptor of the said E. A. as aforesaid, then this Obligation to be void, or else to stand and be in full force.
Note, If the Defendant be of that quality that there is no fear of his insolvency, then the clause of rendring himself to the Fleet may be left out: But if otherwise, then it is best to put that clause, whereby you will be sooner intitled to put the Bond in Suit.
A Condition for saving a Bail harmless, without a Clause of the Defendants rendring himself to Prison.
THE Condition of this Obligation is such, That whereas the above named A. B. at the instance of the above bound S. B. hath agreed to become Bail or Manucaptor of R. M. in their Majesties Court of Common Pleas at Westminster, at the Suit of R. H. Gent. in an Action of Trespass upon the Case, to the damage of the said R. H. 1500 l. as it is said, If therefore the said S. B. her Heirs, Executors and Administrators, do and shall from time to time, and at all times hereafter, save, defend and keep harmless the said A. B. his Heirs Executors and Administrators, of, and from all Writs, Actions Suits, Bills, Costs, Charges and Damages whatsoever, which shall or may be brought or prosecuted against the said A. B. his Heirs, Executors or Administrators, or which he or they shall or may bear, pay or suffer, for or by occasion, that the said A. B. shall become Bail or Manucaptor of the said R. M. as aforesaid, Then, &c.
A Condition to save the Bail harmless, and pay the Charges which he shall expend in defence of the Suit.
THE Condition of this Obligation is such, That whereas the above named A. B. at the request of the above bound C. D. hath agreed to become Bail or Manucaptor of the said C. D. in the Court of Common Pleas at Westminster, in an Action there brought or to be borught against him by J. M. If therefore the said C. D. E. L. and M. N. or any of them do and shall from time to time, and at all times hereafter save, defend and keep harmless the said A. B. his Heirs, Executors and Administrators, of and from all Actions, Suits, Bills, Costs, Charges and Damages whatsoever, which shall or may be brought or presented against the said A. B. his Heirs, Executors or Administrators, or which he or they shall or may bear, pay or suffer, for or by occasion that the said A. B. hath or shall become Bail or Manucaptor of the said C. D. as aforesaid, And also, If the said C. D. E. L. and M. N. or any of them shall from time to time and at all times hereafter upon reasonable request, pay unto the said A. B. all such Sum and Sums of Mony as he shall expend, disburse or deserve to have, for or about defending the said Action, Then, &c.
Note, A Bond with such Condition is necessary where the Defendants Attorney is the Bail.
A Condition to save harmless for being Bail in an inferior Court.
THE Condition of this Obligation is such, That whereas E. S. late in his Majesty's Court of Record, held before the Mayor of the City of Chichester above-said, hath levyed a certain Plaint against the above-bound W.T. in a Plea of Trespass upon the Case. And whereas E. C. one of the Serjeants of the Mace within the said City by Precept of the Court aforesaid, hath arrested the said W. T. upon the Plaint aforesaid, And whereas the abovenamed N. C. at the special instance and request of the said W. T. for the enlargement of the same W. T. hath undertaken to become Pledge or Manucaptor of the said W. T. in the Plea aforesaid, according to the Custom of the said Court: If therefore the said W. T. his Heirs, Executors or Administrators do or shall within ten days next after Judgment shall happen to be given against the said W. T. upon the said Plaint in the Court aforesaid, well and truly pay, or cause to be paid unto the said E. S. all such Sum and Sums of Mony as by such Judgment shall happen to be recovered against the said W. T. And do and shall also within the same ten days cause and procure satisfaction to be acknowledged and entred of Record upon such Judgment so happening to be given as aforesaid, And also if the said W. T. his, Heirs, Executors or Administrators, do or shall upon notice and request made, well and truly pay, or cause to be paid unto the said N. C. his Executors or Administrators all such Sum and Sums of Mony, as he or they shall expend or disburse in defence of the Suit so brought against the said W. T. as aforesaid, or in defence of any Writ, Plaint, Suit or Action to be brought against the said N. C. for or by reason of his becoming [Page 116]Pledge or Manucaptor of the said W. T. as aforesaid, or in obtaining or prosecuting any Writ or Writs of Error upon any Judgment to be obtained against the said W. T. in the Plea aforesaid, or against the said N. C. as Pledge and Manucaptor of the said W. T. And also if the said W. T. his Heirs, Executors and Administrators shall from time to time and at all times hereafter save, defend and keep harmless the said N. C. his Executors and Administrators of and from all Costs, Charges, Damages, Lets and Troubles whatsoever, which he the said N. C. his Executors or Administrators shall at any time hereafter sustain, bear, pay or suffer for or by reason of becoming Pledge or Manucaptor of the said W. T. as aforesaid without fraud or delay, Then this Obligation to be void and of none effect, or else to stand and be in full force and virtue.
A Condition to save harmless the Bail for the Defendant in an inferior Court.
THE Condition of this Obligation is such, That whereas R. S. late in the King's Majesty's Court of Record, held before the Mayor of the City of C. did levy a Plaint against the above bound J. W. in a Plea of Trespass upon the Case: By virtue of which Plaint, and by precept of the Court aforesaid, the said J. W. was arrested by one of the Serjeants of the Mace of the said City, to answer the said R. S. of the Plea aforesaid; And the said J. W. so being arrested, the above named N. C. at the special instance and request of the said J. W. and for his enlargement did undertake to become Bail or Manucaptor of the said J. W. in the Plea aforesaid, at the Suit of the said R. S. according to the Custom of the said Court: If therefore the said J. W. his Executors or Administrators do or shall within eight days next [Page 117]after Judgment shall happen to be given against the said J. W. in the Plea aforesaid, at the Suit of the said R. S. procure and cause satisfaction to be acknowledged and entred upon the Record of such Judgment so happening to be given against the said J. W. as aforesaid, whereby such Judgment shall be made void, And also if the said J. W. his Executors and Administrators, shall from time to time, and at all times hereafter save, defend and keep harmless the said N.C. his Heirs, Executors and Administrators, of and from all Costs, Charges and Damages whatsoever, for or by reason that the said N. C. hath or shall become Bail or Manucaptor of the said J. W. at the Suit of the said R. S. upon the Plaint aforesaid; And also if the said J. W. shall within six months next ensuing, the date hereof clearly and absolutely acquit and discharge the said N. C. his Executors and Administrators, of and from the Bail and Manucaption aforesaid; Then, &c.
A Condition for saving harmless the Plaintiffs Bail, to prosecute in an inferior Court.
THE Condition of this Obligation is such, That whereas the above bound R. D. late in the King's Majesty's Court of Record, hold before the Major of the City of C. above said, did levy a Plaint against one A. C. in a Plea of Trespass upon the Case, And the above named J. V. at the special instance and request of the said R. D. hath undertaken to become pledge of the said R. D. for the prosecuting the said Plaint, If therefore Judgment shall happen to be given, against the said R. D. in the Plea aforesaid, upon discontinuance Non-suit, Verdict for the Defendant, or otherwise howsoever, Then if the said R. D. do or shall within eight days next after such Judgment [Page 118]shall happen to be given, procure and cause satisfaction to be acknowledged upon the Record of such Judgment, whereby the said Judgment shall be made void; And also if the said R. D. his Executors and Administrators, shall from time to time, and at all times hereafter save, defend and keep harmless the said J. V. his Heirs Executors and Administrators of and from all Costs, Charges and Damages whatsoever, for or by occasion that the said J. V. hath or shall become Pledge of the said R. D. upon the Plaint aforesaid; And also if the said R. D. shall within six Months next ensuing the date hereof clearly and absolutely acquit and discharge the said J. V. his Executors and Administrators, of and from the being or continuing Pledge of the said R. D. as aforesaid; Then, &c.
Consideration for saving harmless a Surety for a Parson in the First-Fruits Office.
THE Condition of this Obligation is such, That whereas the above-named N. C. at the request, and for the Debt of the above-bound J. B. in and by four several Obligations, bearing date with these presents, is become bound unto our Lord the King in four several Sums of 11 l. with Condition of the first Obligation to be void, if the said J. B. his Executors or Assigns on the first day of May next, shall pay unto our Lord the King, at the receipt of his Exchequer at Westminster 5 l. 3 s. 6 d. in part of 20 l. 14 s. for the First-fruits of the Rectory of F. abovesaid, And with Condition of the second Obligation to be void, on the like payment of 5 l. 3 s. 6 d. upon the first day of November next; And with Condition of the third Obligation to be void, on the like payment of 5 l. 3 s. 6 d. upon the first day of May, [Page 119]which shall be in the year of our Lord 1680. And with Condition of the fourth Obligation to be void, on the like payment of 5 l. 3 s. 6 d. upon the first day of November, which shall be in the said year of our Lord 1689. If therefore the said J. B. his Executors or Assigns, do or shall well and truly pay or cause to be paid unto our said Lord the King, the said four several sums of 5 l. 3 s. 6 d. according to the respective Conditions of the said four several Obligations; And also, if the said J. B. his Executors or Assigns, do or shall within six weeks next after the respective day mentioned in the Condition of every of the said several Obligations, procure every of the said several Obligations, respectively to be cancelled and delivered unto the said N. C. his Executors or Administrators without fraud or delay; Then, &c.
A Condition to pay a further sum, for a Fine upon renewing a Lease for Lives, in case one of the Lives in the former Lease be not now living, as is affirmed.
THE Condition of this Obligation is such, That whereas the above-bound C. F. lately held of the above-named Dean and Chapter certain Lands and Tenements in the Parish B. in the County of S. for the life of one J. A. now, or sometime the Wife of W. L. of A. in the County of N. Clerk. And whereas the said Dean and Chapter at the request of the said C. F. and upon his affirmation that the said J. A. is now living, have accepted a Surrender of the Estate of the said C. F. in the Premisses: And by their Indenture of Lease, under their Common and Chapter Seal, bearing date with these presents, have demised and granted the same premisses unto the said C. F. to [Page 120]hold during the natural lives of the said J. A. and the said C. F. and one J. F. Son of J. F. deceased, and during the natural life of the longest liver of them. If therefore the said J. A. on the day of the date hereof is dead, then if the said C. F. do and shall on the second day of February next coming, well and truly pay or cause to be paid unto the said Dean and Chapter or their Successors, the full sum of threescore and ten pounds of lawful Mony of England, being the sum agreed upon between them the said C. F. and the said Dean and Chapter, in such case to be paid, Then this Obligation, &c.
A Condition to give account and render the Stock delivered to one who is to carry on a Trade at half profit.
THE Condition of this Obligation is such, That whereas the above-named T. C. at the request of the above-bound J. C. hath entrusted and committed into the hands of the said J. C. divers Goods, Working-tools, Plate, Mony and Wares, being in the whole of the value of for the furnishing of the said J. C. with a necessary Stock to exercise the Trade of a Goldsmith. And whereas it is agreed between the said J. C. and T. C. that the said J. C. shall work upon and improve the said Stock in buying and selling, and for his labour and pains therein, shall receive and have to his own use the one half of the benefit thereof to be made, keeping the Stock entire, and paying unto the said T. C. the other half of the benefit thereof to be made. If therefore the said J. C. his Executors or Administrators do and shall within six months next after notice to him given, or left in writing at the place of his usual abode; pay or deliver unto the said T. C. his Executors or [Page 121]Administrators of lawful Mony of England for the Stock aforesaid, or the value thereof in Goods, Working-tools, Plate and Goldsmiths Wares. But if the said J. C. shall happen to die before such notice given or left in writing as aforesaid; then if the Heirs, Executors or Administrators of the said J. C. shall within twenty pay next after such the death of the said J. C. pay and deliver unto the said T. C. his Executors or Administrators the said [...] or the value thereof as aforesaid: And also if the said J. C. do and shall from time to time yearly, and every year at the Feasts, &c. until the said [...] or the value thereof as aforesaid shall be paid and delivered unto the said T. C. his Executors or Administrators, pay or cause to be paid unto the said T. C. his Executors or Administrators the moiety or one half of all such sum and sums of mony as he the said J. C. shall have received or gained by working in the Trades of a Goldsmith or Silversmith, or by buying and selling any Wares belonging to either of the said Trades; the first payment thereof to be made at the Feast of the Annunciation of the Blessed Virgin Mary next ensuing the date hereof, Then this Obligation to be void, &c
A Condition to pay proportionable shares of the charges of a Suit concerning a Common.
THE Condition of this Obligation is such, That whereas there is within the Parish of W. in the County aforesaid, a certain parcel of Pasture ground, containing by estimation sixty Acres, called Eastside Common: And whereas every of the above-bound T. C. J. H. P. W. and W. F. respectively, are seized of several Lands and Tenements in the said Parish of W. to which Lands and Tenements respectively, there doth belong [Page 122]Common of Pasture for Sheep upon the said Eastside Common, at certain times in the year. And whereas J. C. of W. aforesaid, Gent. doth claim Common of Pasture for Sheep in the said East side Common at such times as he ought not to have such Common of Pasture there. And thereupon the said T. C. J. H. and P. W. and one R. T. of W aforesaid, and Undertenant of the said W. F. or some of them did lately distrain and impound the Sheep of the said J. C. depasturing in the said Eastside Common, whereupon the said J. C. hath brought against them several Actions of Replevin: And the said T. C. J. H. P. W. and R. T. have jointly and severally retained the above-named N. C. to defend for them the said Actions of Replevin, and to prosecute and defend other Actions concerning the said Common. If therefore every of them the said T. C. J. H. P. W. and R. T. respectively, by parts and portions ratable and proportionable to the respective quantities of Land by every of them respectively occupied or possessed, and whereunto Common of Pasture for Sheep on the said Eastside Common doth appertain, do and shall from time to time upon every request made, well and truly pay or cause to be paid unto the said N. C. all such sum and sums of Mony as the said N. C. shall expend, lay out or reasonably deserve to have, for or in the prosecuting or defending the several Actions of Replevin before-mentioned, or any other Action or Actions, for or in the names of the said T. C. J. H. P. P. and R. T. or any of them, for, about or concerning the said Common called Eastside Common. And also if every of them the said T. C. J. H. P. W. and R. T. respectively, by such parts and portions as aforesaid, upon every request made, do or shall pay and bear mutually to and amongst each other, all such costs, charges and damages as they or any of [Page 123]them shall expend, pay or suffer for or by occasion of the Actions of Replevin before-mentioned, or any other Actions or Suits brought or to be brought by, for or against them or any of them touching or concerning the said Eastside Common. And also if any of them the said T. C. J. H. P. W. and R. T. shall not at any time acquit, release or discharge the several Actions of Replevin before-mentioned, or any Judgment, Execution, Costs or Damages to be thereupon had or obtained, or any other Action, Suit, Judgment, Execution, Costs or Damages touching or concerning the said Eastside Common, by, for or in the names of any of them to be prosecuted, had or obtained without the license or consent of three of them the said T. C. J. H. P. W. and R. T. thereunto first had and obtained in writing, Then this Obligation, &c.
Note, The Bond was made to the Attorney of the Obligors, a Trustee indifferent between them.
A Parson presented to a Living, gives Bond to resign upon request.
THE Condition of this Obligation is such, That whereas the Vicaridge of N. in the County of S is now void, and it belongeth to R. M. Esq; and T. M. Esq; as Trustees of the above-named N. C. to present thereunto; and they have this present day presented unto the said Vicaridge the above bound T. C. intending hereafter to present one R. C. now at the University of C. when he shall be capable thereof, or some other Friend of the said N. If therefore the said T. C. shall procure himself to be admitted, instituted and inducted into the said Vicaridge upon the said presentation: [Page 124]And also if the said T. C. within six Months after request made, shall absolutely and in due form of Law resign the said Vicaridge, and thereof give notice to the said N. C. his Executors or Administrators, and procure such Relignation to be accepted, so that the said Vicaridge may then again be void without fraud or delay, Then, &c.
A Condition to procure an Infant to convey Lands when he comes of Age.
THE Condition of this Obligation is such, That if the above bound J. B. his Heirs, Executors or Administrators at their own costs do or shall procure or cause S. T. one of the Daughters of J. T. deceased, after the said S. shall have attained her Age of one and twenty years, or the Heirs of the said S. in case of her death upon reasonable request by good and sufficient Conveyance and Assurance in the Law to grant, convey and assure unto the above named K. A. and her Heirs and Assigns for ever all that Messuage, &c. with Covenants on the part of the said S. and her Heirs in such Conveyance to be comprised, that the said K. A. and her Heirs shall and may from thenceforth hold and enjoy all the said Messuages and Premisses now in the Occupation of the said K. without any, lett or interruption of the said S. her Heirs or Assigns, and free from all incumbrances done or suffered by her or them; Then this Obligation to be void, &c.
A Condition to surrender Copyhold-Lands, whereunto the Obligor is admitted in Trust for the Obligee.
THE Condition of this Obligation is such, That whereas the above-bound W. R. at the costs and charges, and in trust for the only benefit of [Page 125]the said J. F. hath had and taken admittance according to the Custom of the Mannor of N. in the County of S. of and to the reversion of one Messuage, one Barn and certain Lands thereunto belonging with the appurtenances in L. holden by Copy of Court-Roll of the said Mannor, To have and to hold unto the said W. R. for and during the term of his natural life, from and after the decease of A Wife of the said J. F. lately called Ann Jelley, and the said J. F. and from and after the decease of the Survivor of them. If therefore the said W. R. do and shall upon the request, and at the costs and charges of the said J F. his Executors or Administrators, well and truly and according to the Custom of the Mannor aforesaid, surrender into the hands of the Lord of the Mannor aforesaid, the said Messuage and premisses with the appurtenances, in such manner and to such use and uses as the said W. R. his Executors and Administrators shall direct or appoint. And also if the said J. F. his Executors, Administrators and Assigns, shall or lawfully may from time to time, and at all times until such Surrender shall be so made by the said W. R. as aforesaid, peaceably and quietly have, hold, use, occupy, possess, enjoy and keep the said Messuage and premisses with the appurtenances, and every part thereof, without any lett, trouble, interruption or contradiction of or by the said W. R. or any claiming under him, or by his Act or Deed, then, &c.
A Condition for payment of Rent, and performance of other Agreements on a Lease Parol.
THE Condition of this Obligation is such, That whereas the above-named N. C. hath this present day demised unto the above W. A. all that his Messuage with the Curtilage and Garden thereunto [Page 126]belonging, situate in S. and now in the occupation of the said W. A. except Trees growing on the said premisses, to hold from Michaelmas last for one year, and so from year to year, as long as both the said Parties shall agree, under the Rent of 35 s. If therefore the said W. A. his Heirs, Executors or Administrators do or shall yearly so long time as the said W. A. shall enjoy the said Messuage and premisses, well and truly pay or cause to be paid unto the said N. C. his Executors or Administrators, as well the said yearly Rent of 35 s. at the Feasts of the Annunciation of the Blessed V Mary and St. Michael the Archangel by equal portions; as also discharge, bear, and pay all Quit-rents and Taxes issuing out of the said Messuage and premisses: And also if the said W. A. his Executors, Administrators or Assigns do and shall from time to time, well and sufficiently repair the said Messuage and premisses; and at the end of the said term leave the said Messuage and premisses sufficiently repaired, unto the said N. C. his Heirs or Assigns. And also if the said W. C. his Executors or Administrators do or shall within forty days next ensuing the date hereof, pay unto the said N. C. 22 s. 6 d. for the Rent formerly due unto the said N. C. for the said premisses without fraud or delay, Then, &c.
Condition that the Obligor shall convey all his Estate unto the Obligee.
THE Condition of this Obligation is such, That if the said J. E. his Heirs, Executors and Administrators upon every request to be made unto him by the said H. E. do and shall by good Conveyances and Assurances in the Law, well and sufficiently to be executed, grant, bargain, sell, convey and assure unto the said H. E. his Heirs, [Page 127]Executors and Assigns, all the Lands, Tenements, Goods and Chattels which the said J. E. now hath within the County of E. and all his Estate, Right, Title and Interest therein, as it is agreed on between them in consideration of a Settlement covenanted to be made by the said H. E. unto the said J. E. upon his intended marriage with J. A. Then &c.
A Condition to pay forty shillings more for a Fine, on admittance to a Copyhold, if the Lord have not another Fine for admittance in the same Lands within threee years.
THE Condition of this Obligation is such, That whereas the above-named N. C. hath this day admitted the above-named W. O. Tenant to one Customary Messuage, one Garden and three Acres of Land with the appurtenances, in the Mannor of N. for the Fine of 40 s. If therefore the said W. O. his Heirs or Assigns, within three years next coming shall pay unto the said N. C. his Executors or Assigns 40 s. more, in case he or they shall not in the mean time have another Fine for the admittance of some other to the said premisses, Then, &c.
A Condition to stand to an Award of all differences, except certain special matters.
THE Condition of this Obligation is such, That whereas there now are divers Suits, Differences and Demands being and depending between the said F. H. and T. W. and the said F. H. and T. W. for the ending and determining of all Suits, Differences and Demands now being and depending between them (except the pretended Right, Title and Interest of him the said [Page 128] T. W. of and unto the Lands, Tenements and Hereditaments called D. lying in the Parishes of Kirdford, Wisborugh-Green and Petworth, in the said County of S. and all Rents, Issues and Profits thereof, and all Suits, Actions and Demands for the same; And also except the Rents Issues and Profits of the Lands, Tenements and Hereditaments called D. lying in F. in the County of S. due at Michaelmas last past or before, and all Suits, Actions and Demands for the same: And also except one Lease made by the said T.W. unto the said F. H. of the Messuage and Lands called D. the aforesaid, and Rents thereupon due, and the Covenants and Agreements therein contained: And except all Legacies, Sum or Sums of Mony, and other Duties pretended to be due to the said T. W. upon or by vitue of any last Will and Testament of A. W. deceased, Father of the said T. W. And also except all Deeds, Writings, Court Rolls and Evidences whatsoever concerning the said T. W. (or his Estate whatsoever) have mutually agreed to stand to and perform such Award as Sir H. P. of the City of C. in the said County, Knight, A. C. of the said City and County Esquire, J. K. of the said City and County Esquire, and R. S. of the said County Gent. shall make and declare, of and upon the said, Suits, Differences and Demands, (except before excepted:) If therefore the said, T. W. his Heirs, Executors, Administrators and Assigns, do and shall from time to time, and at all times hereafter, well and truly hold, observe, perform, fulfil and keep such Award, Arbitrement and Judgment, as the said Sir H. P. J. C. A. C. and R. S. shall make and declare, of, upon and concerning the said Suits, Differences and Demands, (except before excepted) so as the same Award, Arbitrement and Judgment be made in Writing by the said Arbitrators, at or before the [Page 129]first day of February instant, without fraud or delay; Then, &c.
Bond of Marriage, with Condition to permit the Wife to dispose of 50 l. and the Obligor to pay the rest of her Estate to her two Children at full Age,
THE Condition of this Obligation is such, That whereas there is a Marriage already agreed upon, and by Gods, permission shortly to be had and solemnized between the above-bounden J. B. and S. B. of S. in the County of S. Widow, Relict and Administratrix of all and singular the Goods and Chattels which were of R. B. late of S. aforesaid, Gent. deceased. And whereas it is agreed between the said J. B. and S. B. That in Consideration of the Sum of 100 l. given to the said J. B. by the said S. B. as her Marriage Portion; That the said S. B. after the said Marriage shall be had between them, shall have liberty to dispose of [...]0 l. in such manner as she shall think fit: And [...]at he the said J. B. shall dispose all and singular the Goods and Chattels which were of the said R. B. deceased, which shall at any time hereafter come to the hands of the said J. B (except the said Sums of One hundred pounds, and Fifty pounds, and one third part of the Houshold-stuff) to the use and benefit of D. B. and E. B. Son and Daughter of the said R. B. deceased. If therefore the said J. B. his Heirs, Executors or Administrators, do or shall well and truly pay, or cause to be paid, the full Sum of 50 l. of lawful Mony of England, to such person and persons, and to such use or uses, and at such days and times, and in such manner and form as the said S. B. shall at any time or times hereafter, by Writing under her Hand and Seal, or otherwise, or by her last Will and Testament in Writing, or by Word of Mouth, direct, limit or [Page 130]appoint the same to be paid. And also, If the said J. B. his Heirs, Executors, Administrators, and Assigns, do and shall well and truly pay and deliver, or cause to be paid and delivered, all and singular the Goods, Chattels, Houshold-stuff, Mony, Plate and other personal Estate whatsoever, which was of the said R. B. deceased, at the time of his death and now are in the custody or possession of the said S. B. or which at any time hereather shall come or be in the hands, custody or possession of the said J. B. his Heirs Executors, Administrators or Assigns; (Except the said several Sums of One hundred pounds, and Fifty Pounds, and the said third part of the said Houshold-stuff before-mentioned, and all such Mony as by Law shall be recovered against the said J. B. his Executors or Administrators, for the Debts of the said R. B. deceased) unto the said D. B. and E. B. Children of the said R. B. deceased, to be equally divided between them the said D. B. and E. B. at several and respective Ages of One and twenty years, or day of Marriage, which shall first happen. And if either of them the said D. B. and E. B. happen to dye before his or her age of One and twenty years, or day of Marriage, then all and singular the said Goods, Chattels and Monies, (Except before excepted) to be paid unto the Survivor of them the said D. B. and E. B. at his or her age of One and twenty years, or day of Marriage, which shall first happen, as aforesaid; Then, &c.
A Condition, That the Obligor shall never sue out Execution upon any Statute or Judgment against the Obligee.
THE Condition of this Obligation is such, That if the above-bound T. W. his Heirs Executors, Administrators or Assigns, shall not at [Page 131]any time hereafter sue, implead, prosecute, molest or trouble the above-named T. P. his Heirs, Executors or Administrators nor seise, levy, extend or take his or their Goods, Chattels, Lands, Tenements or Hereditaments, of, for or by reason of any Judgment or Statute which the said T. W. now hath against the said T. P. or for or by reason of any Judgment or Statute which are or is at this present remaining upon Record in any Court of Record, or elsewhere within the Kingdom of England, against the said T. P. for any Sum or Sums of Mony due, or pretended to be due to the said T. W. And also, If the said T. W. his Executors or Administrators, shall and do from time to time, and at all times for ever hereafter, save, defend and keep harmless the said T. P. his Heirs, Executors and Administrators, and his and their Goods, Chattels, Lands, Tenements and Hereditaments, of and from all Statutes and Judgments, and of and from all and all manner of Executions, Extents, Troubles, Costs, Charges and Damages whatsoever, which shall or may happen to or against the said T. P. his Heirs, Executors or Administrators, or any of them, for or by reason of any such Judgment or Statute without fraud or delay; Then this Obligation to be void, &c.
A Condition upon an Adventure of Bottom-ree.
THE Condition of this Obligation is such, That if the above-bound C. M. and O. R. their Heirs, Executors and Administrators, or either of them, do or shall cause to be paid unto the abovenamed R. P. or to his certain Attorney, his Executors, Administrators or Assigns, the Sum of 65 l. and 13 s. of lawful Mony of England, at or before the end of 20 days next after the first Return and [Page 132]safe Arrival of the Ship Mary of S. (Burthen 140 Tuns, or thereabouts, Mr. A. P. Master for the time being) for her present intended Voyage from S. aforesaid unto Virginia, and from thence back again unto her Port of delivery in England. But if the said Ship by Order or any contingency shall give over the said Voyage and not proceed thereon; and that if then the said C. M. and O. R. or either of them, their Executors or Administrators, do and shall re-pay unto the said R. P. his Executors, Administrators, or Assigns, the Sum of 50 l. and 10 s. Principal Adventure, at or before the end of 10 days next after, giving over the said Voyage, as aforesaid; Then, &c.
A Bond with Condition to observe the Orders of an House of Chancery.
NOverint universi per p̄sentes nos N. C. de Hospicio Scī Clementis Dacorum in Com̄ Midd̔ Generosum & I. G. de eodem Hospicio Generosum teneri & firmiter obligari E. G. Generoso Principali Hospicii p̄dict̄ decem libris bone & legalis Monete Anglie solvend̔ eidem E. aut suo certo Attornato Executoribus Administratoribus sive Assign̄ suis Ad quam quidem solutionem bene ac fideliter faciend̄ Obligamus nos & utrum (que) nostrum ac Heredes Executores & Administratores nostros & utrius (que) nostri firter per p̄sentes sigillis nostris sigillat̄
Dat̄ vicesimo quinto die Novembris Anno Regni Dornini Caroli secundi Dei Gratia Anglie Scotie Francie & Hibernie Regis Fidei Defensoris &c. decimo quinto.
The Condition of this Obligation is such, That if the above bounden N. C. shall from time to time satisfie and pay unto the Principal of St. Clements-Inn abovesaid, for the time being, all such Sum and [Page 133]Sums of Mony, as shall be due for Pensions, Commons, Essoins, Battles, Castings into Commons Fines, Amerciaments and all other Duties whatsoever, conforming himself to the Orders now made or hereafter to be made, by the Principal and Ancients of the same Society, Then this Obligation to be void or else to stand and be in full force.
A Bond with Condition That the Author of a Book shall take (of the Bookseller, undertaking to print it) a certain number at a price.
THE Condition of this Obligation is such, That whereas the above-named R. C. at the request of the above-named J. A. hath undertaken to cause to be printed a certain Book now in Manuscripit, Intituled, &c. and to deliver unto the said J.A. 400 of the same Books, printed on or before the first day of November next nesuing, at the Shop of the said R. C. in Fleet-street; if therefore the said J. A. do or shall on or before the first day of February next following, well and truly pay unto the sand R. C. 20 l. for the price of the said 400 Books printed, so as the said R. C. be on the said first day of November at his Shop aforesaid, ready to deliver to the aforesaid J. A. the same Books in sheets, without fraud or delay; Then this Obligation to be void, or else to remain in full force and virtue.
A Bargain and Sale of a Term for years, taken in Execution upon a Fieri facias.
THis Indenture made, &c. Between W. S. one of Bailiffs of J. G. Esq; Sheriff of the County, &c. of the one part, and D. C. &c. of the other part. Whereas W. P. &c. at the time of making the Warrant herein after-mentioned, was possessed [Page 134]for a Term of years yet to come, of and in all that Close of Land, &c. And whereas N. C. in the Court of Common-Pleas at Westminster, did recover against the said W. P. One Judgment for 40 l. Debt and 30 s. Costs of Suit: Upon which said Judgment in the Term of St. Michael last past, a Writ of Fieri facias, Returnable in Octabis S. Hillarii, issued out of the said Court, and was directed and delivered unto the said Sheriff in form of Law, to be executed. Which said Sheriff on the second day of December last, made his Warrant unto the said W. S. and others, joyntly and severally, for the Execution of the said Writ. And the said W. S. by Virtue of the said Writ, and the said Warrant to him made as aforesaid, hath entred into and upon the said Close of Land, and seised and taken the same, together with the Estate, Term and Interest of the said W. P. therein Now this Indenture Witnesseth, That the said W. S. in pursuance of the said Writ and Warrant, and for and in consideration of Five pounds to him by the said D. C. before the sealing and delivery hereof, well and truly in hand paid, Hath bargained and sold, and by these presents doth fully, clearly and absolutely bargain and sell unto the said D. C. all the said Close of Land, and all the Estate, Right, Title and Interest of the said W. P. in his own right, and in the Right of M. his Wife, of and in the said Close of Land; To have and to hold unto the said D. C. for and during all the remainder of such term and terms of years as the said W. P. in his own right, or in the right of his Wife, had in the said Close of Land, in as large and ample manner as the said W. P. and M. his Wife, or either of them, their or either of their Executors, Administrators or Assigns, may might, should or ought to have held or enjoyed the same.
In Witness, &c.
A Bargain and Sale, or Assignment of Lands Extended upon a Recognizance.
THis Indenture made, &c. Between J. F. of, &c. of the one part, and R. C. and C. R. of &c. of the other part witnesseth, that whereas R. R. by the name of, &c. by one Recognizance bearing date, &c. taken, acknowledged and sealed before Sir J. H. Knight, Lord Chief Justice of England, acording to the form of the Statute for recovery of Debts in that case provided, standeth bound unto the said J. F. in the Sum of 100 l. payable &c. as by the same Recognizance, &c. And whereas also the same J. F. hath extended, and to him is delivered in Execution, the Mannor of A. with the appurtenances in the C. of S. at he yearly Rent of, &c. for the non-payment of the said Sum of 100 l. Now the said J. F. for divers good Causes and Considerations him hereunto especially moveing, hath bargained, sold, assigned and set over and by these presents doth bargain, sell, assign, and set over unto the said R. C. and C. R. All the said Mannor of A. with the Appurtenances, and all the Estate, Right, Title, Interest and Demand whatsoever which he the said J. F. hath by reason of the said Extent, of in and to the said Mannor, and of in and to every part and parcel thereof, and in and to all and singular the Messuages, Lands and Tenements so extended and delivered in Execution as aforesaid; And the said J. F. for himself, &c. that he the said J. F. his, &c. at any time or times hereafter, shall not do any Act or Acts, thing or things, whereby the said extent or extents or the Estate, Title or Interest of the said R. C. and C. R. or either of them, or of the Executors, Administrators or Assigns of them, or either of them by reason of the said Extent may any wise be hurt, [Page 136]hindred or impeached, discharged, undone or made void: And further, that he the said J. F. his Executors and Administrators shall and will at the reasonable request, costs and charges in the Law of the said R. C. and C. R. or either of them, do and suffer to be done, made and acknowledged all and every such lawful and reasonable Act and Acts, thing and things, device and devices in the Law whatsoever for the further assurance, surety and conveying of the Premisses, for and during all the time and term of the said Extent and Execution unto the sand R. C. and C. R. as by their or either of their Counsel learned in the Law shall be reasonably devised, advised or required.
In witness, &c.
A Grant of a Rent reserved by Lease.
THis Indenture made, &c. Between J. F. of. &c. And R. C of, &c. of the other part witnesseth, That whereas the said J. F. by his Indenture of Lease bearing date, &c. (reciting the Lease) as in by the said recited Lease it doth more at large appear. Now this Indenture further witnesseth; That the said J. F. for and in consideration of a competent Sum of Mony, Hath demised, granted, bargained, and to farm letten, and by these presents doth demise, grant, and to farm, let unto the said R. C. the reversion and remainder of the said Shop, &c. and other the Premisses by the said Indenture of Lease demised, together with the said yearly Rent thereby reserved, and the Counter-part of the said Indenture of Lease, under the Hand and Seal of the said, &c. To have, hold, possess and enjoy the said reversion and Rent of, &c. and every part thereof unto the said R. C. his Executors, Administrators and Assigns, from the day of the date of these presents, [Page 137]for and during all the residue of the aforesaid Term of, &c. yet to come and unexpired, yeilding and paying therefore yearly, and every year during the said Term unto the said J. F. his Executors or Assigns at the feast of, &c. one Pepper-corn if the same shall be lawfully demanded; And the said J. F. for himself, &c. that he the said J. F. at the time of the sealing and delivery of these presents, is the true, perfect and Lawful owner, and possesser of the said demised reversion and Rent; And is at the ensealing and delivery of these presents lawfully and absolutely possessed thereof. And that he the said J. F. hath full power and authority to demise and grant the said Reversion and Rents of, &c. unto the said R. C. his Executors, Administrators and Assigns, for and during all the rest and residue of the said Term of, &c. in manner and form aforesaid, according to the true intent and meaning of these presents; And further, that the said J. F. his, &c. shall and will from time to time and at all times hereafter, during the said Term, fully and clearly, acquit, discharge, save and keep harmless the said R. C. his, &c. of and from all former or other bargains, sales, gifts, grants, leases, forfeitures, claim and demand whatsoever; And the said J. F. for himself, &c. that the said yearly Rent of, &c. shall continue, remain, and be from henceforth during the residue of the said Term, due and payable unto the said R. C. his, &c. according to the true intent and and meaning of these presents
in witness, &c.
A Grant of a Rent Charge.
THis Indenture made, &c. Between J. F. of, &c. of the one part, and R. C. of, &c. of the other part witnesseth, That the said J. F. for and in [Page 138]consideration of the sum of, &c. to him in Hand paid before the ensealing and delivery hereof, by the said R. C. the receipt whereof he the said J. F. doth acknowledge, and thereof, and of every part thereof, doth acquit and for ever discharge the said R. C. his, &c. Hath given, granted and confirmed and by these presents doth give, grant and confirm unto the said R. C. one Annuity or yearly Rent Charge of, &c. to be had, taken and received, out of all and singular the Messuages, &c. of the said J. F. within the Kingdom of England, to be paid at the four most usual Feasts or Terms in the year, that is to say, &c. the first payment thereof to be made and to begin on, &c. To have, hold, receive, take and enjoy the said Annuity or yearly Rent Charge, of, &c. unto the said R. C. his, &c. from the day of the date of these presents, until the full end and term of, &c. And if the said Annuity or yearly Rent Charge of, &c. shall happen to be behind and unpaid in part or in all after any of the said Feast days above limited for the payment of the same, the said J. F. for himself, &c. that then it shall and may be lawful to and for the said R. C. his, &c. into all and singular the said Messuages, &c. or into any part thereof to enter and distrain both for the Annuity aforesaid and the arrearages thereof, (if any be) and the distress and distresses then and there found and taken, to keep and detain until the said Annuity and all Arrerages thereof, shall be fully satisfied, contented and paid unto the said R. C. his, &c. And the said J. F. for himself, &c. that the said J. F. his, &c. shall and will from time to time, and at all times during the said Term of, &c. well and truly pay or cause to be paid to the said R. C. his, &c. or some of them the said Annuity or yearly Rent of, &c. in manner and form aforesaid, according to the true [Page 139]intent and meaning of these presents.
In witness, &c.
A Grant of a Reversion.
THis Indenture made, &c. Between J. F. of, &c. of the one part, and R. C. of, &c. of the other part witnesseth, That the said J. F. for and in consideration of the Sum of, &c. hath granted, bargained, sold, and by these presents doth fully, clearly and absolutely, grant, bargain and sell unto the said R. C. his Heirs and Assigns for ever, all that his right, title, use, interest, reversion and remainder of, and in all and singular, &c. now or late in the tenure, or occupation of, &c. which said Messuage and other the Premisses with the appurtenances, J. F. hath, should or ought to have by and after the decease of A. B. Brother of the said J. F. which said Messuage, &c. R. B. Father of the said A. B. deceased by his last Will and Testament. Devised, willed and bequeathed unto the said A. B. for and during the natural life of the said A. B. and the immediate reversion or remainder thereof, to the said J. F. and his Heirs for ever, Together with all Deeds, Evidences, Charters, Rescripts, Writings and Minuments which he the said J. F. or any other to his use, or by his consent or delivery, have or hath, touching or concerning the said Messuage, &c. or any part thereof: All and singular which said Deeds, Evidences, Charters, &c the said J. F. hath already delivered unto the said R. C. at and before the ensealing and delivery of these presents; To have and to hold the said reversion and remainder, and all Estate, Right, Title, Interest, &c. of the said J. F. of in and to the said Messuage, &c. before by these presents, bargained and sold, or meant, mentioned or intended to be hereby granted, bargained [Page 140]and sold, and every part thereof immmediatly from and after the decease of the said A. B. unto the said R. C. his Heirs and Assigns for, &c. And the said J. F. for himself, &c. That the said J. F. at the day of the date of these presents, is lawfully and solely seised of and in the reversion and remainder of the said Messuage, &c. immediately from and after the decease of the said A. B. of a true and perfect Estate of Inheritance in the Law in Fee to his own use, without any manner of Condition, Mortgage or Redemption: And further, that the said reversion or remainder of the said Messuage, &c. from by and after the decease of the said A. B. and at the day of the date hereof are and be, and so at all times from henceforth shall be and continue free, clear and clearly acquitted, exonerated and discharged and saved harmless by the said J. F. his Heirs, Executors and Administrators, of and from all and every former and other Bargains, Sales, Gifts, Grants, Leases Statutes Merchant and of the Staple, Recognisances, Jointures, Dowers, Wills and Rents, and of, and from all and all manner of incumbrance or demand whatsoever, had, made, committed or done by him the said J. F. or by any other person or persons, by his authority or procurement.
In witness, &c.
An Assignment of Dower.
THis Indenture made, &c. Between R. L. Son and Heir of C. L. late of S. in the County of S. of the one part, and N. C. and J. his Wife, who was the relict of the said O. L. of the other part, Whereas the said O. L. in his life, and at the time of death was seised in his demesne as of Fee, of and in divers Lands and Tenements in Y. and W. in the County aforesaid, which upon the decease [Page 141]of the said O. L. descended unto the said R. L. Now this Indenture witnesseth, that the said R. L. hath endowed and assigned and by these presents, doth endow and assign unto the said N. C. and J. his Wife the third part of all the said Lands and Tenements (to wit, &c.) All that Messuage, To have and to hold unto the said N. C. and J. his Wife, for and during the natural life of the said J. in severalty by Meets and Bounds, in the name of Dower, and in recompence and satisfaction of all the Dower, which the said J. ought to have of or in the said Lands and Tenements which were of the said O. L. in Y. and W. aforesaid.
In witness, &c.
An Assignment of several Bonds to a Trustee for a Widow, with consent of her intended Husband, that the Mony be at her dispose after Marriage.
THIS Indenture Tripartite, made, &c. Between J. D. of, &c. of the first part, S. G. of, &c. of the second part, and O. W. of, &c. of the third part. Whereas J. T. of, &c. did heretofore by one Writing Obligatory (become bound unto the said S. G. in the penal sum of 40 l.) bearing date the 29th day of October 1601. with Condition to be void upon payment of 20 l. 10 s. on the first day of April then next following. And also by one other Obligation, bearing date the 18th day of October 1690. is and standeth bound unto the said S. G. in the penal sum 240 l. with condition to be void upon Payment of 123 l. of lawful Mony on the 19th day of April then next following. And whereas A. T. of, &c. is likewise by one Obligation, bearing date the 7th day of June, bound unto the said S. G. in the penal sum of 10 l. conditioned for the payment of 51 l. on the 13th day of November then next following. [Page 142]And also by one other Obligation, is and standeth bound unto the said S. G. (bearing date the 10th day of February 1689) in the penal sum of 20 l. with condition to be void upon payment of 10 l. 5 s. upon the 11th day of August then next following. Which several Principal Monies in the several Conditions of the above-recited Obligations, amount unto the sum of 200 l. relation to which said recited Obligations and the Conditions thereof being had may more fully appear, and are yet due and owing unto the said S. G. Now this Indenture witnesseth, That a Marriage being intended, by the grace of God, shortly to be had and solemnized between the said J. D. and S. G. in consideration whereof, amongst other things, it is agreed the said sum of 200 l. Principal Mony, in the Conditions of the recited Obligations mentioned, and the Interest thereof, shall be disposed in such manner as herein after is expressed. And in pursuance of the said Agreement, the said S. G. with the consent of the said J. D. hath granted and Assigned, and by these presents doth grant and Assign unto the said O. W. the several Writings Obligatory before recited, and all and every the sum and sums of Mony upon them due or to be due. And the said J. D. and S. G. do hereby constitute, make, appoint and in their place and stead put the said O. W. their true and lawful Attorney for them and their names or in the name of one of them, and to the uses, intents and purposes herein after mentioned, to receive, have and take of and from the several Persons, Debtos before named, their Heirs, Executors and Administrators, all and every sum and sums of Money due or to be due as aforesaid; and also in the name, stead and place of the said J. D. and S. G. to give and deliver Acquittances (unto the said several Persons, their Heirs, Executors and Administrators) [Page 143]or other legal discharges for the said several sum and sums of Mony, or any part thereof so to be received, or otherwise deliver up the said several Writings Obligatory to be cancelled. And for default of payment of the said several sums of Mony, the said several persons or either of them, their Heirs, Executors and Administrators respectively, in the names of the said J. D. and S. G. to Arrest, Implead, Imprison and Condemn; and out of Prison them or any or either of them to Release and Discharge. And the said J. D. and S. G. do covenant and grant for themselves their Heirs, Executors and Administrators, to and with the said O. W. his Executors and Administrators by these presents, That they the said J. D. and S. G. their Executors and Administrators shall and will allow, ratifie and confirm all whatsoever the said O. W. shall lawfully do or cause to be done in and about the Premisses. And also that they the said J. D. and S. G. their Executors and Administrators, or any or either of them, shall not or will not at any time hereafter annihilate, acquit, release or otherwise discharge or make void the writings Obligatory before-mentioned, or any of them, or any sum or sums of Mony thereupon due, or any Action, Suit, Bill, Plaint, Judgment or Execution thereupon, or for the same or any part thereof to be had, brought, prosecuted or obtained, without the special license and consent of the said O. W. his Executors or Administrators therein or thereunto first had and obtained in writing, or the Rule, Order or Decree of some Court of Law or Equity. And also that they the said J. D. and S. G. their Executors and Administrators shall and will from time to time and at all tines here after upon every reasonable request, well and truly do and execute all and every such further lawful and reasonable Act and Acts, Thing and [Page 144]Things for confirmation of these presents; and for the further, better and more perfect authorizing and impowring the said O. W. his Executors and Administrators, to receive, have and take up all and every the sum and sums of Mony now due, or which shall be due upon the several Writings Obligatory aforesaid, to the uses herein after mentioned. Provided always, and upon the special Trust and Confidence, and to this intent and purpose, That the said O. W. his Executors and Administrators shall pay unto the said S. G. so much Mony as the said O. W. shall receive for the interest or proceed of the said 200 l. during so long time as the said J. D. and S. G. shall live and cohabit together. And the said J. D. for himself his Heirs, Executors and Administrators doth hereby further covenant and grant to and with the said O. W. in manner following (viz.) That the whole Interest, Product or proceed of the said 200 l. which the said O. W. his Executors or Administrators shall as aforesaid, from time to time, and at all times accept, receive and take, he the said O. W. his Executors or Administrators shall pay to the said S. G. as a Feme sole. And the said S. G. is hereby authorized and impowred to receive and take the same, and fully to discharge the said O. W. his Heirs, Executors and Administrators, and every or either of them by her Acquittance or otherwise, with or without the consent of the said J. D. as if she were a Feme sole, and all the residue of the Interest or Proceed of the said 200 l. together with the said principal sum, to such person or persons as the said S. G. by any writing under her Hand and Seal, with or without her said intended Husband, or by her last Will and Testament in writing shall appoint or direct; and for want of such direction and appointment, to the Executors or Administrators of the said S. G. Provided also, [Page 145]and it is, agreed between all the Parties hereunto That if the said O. W. his Executors or Administrators shall receive any part of the said principal sum of 200 l. Then he or they shall lend out the same again at Interest to such person or persons, and on such Security as the said S. G. by any writing under her Hand and Seal, with or without the said J. D. shall direct. And that the said O. W. his Executors or Administrators shall not be chargeable to answer any Interest or Profit of the said 200 l. or so much thereof as shall remain in his or their hands unlent in default of such direction. And also, That notwithstanding any thing before in these presents contained, it shall and may be lawful to and for the said O. W. his Executors and Administrators out of any Interest Mony by him or them to be received by virtue of these Presents, to reimburse and retain to him and themselves all such sum and sums of Mony as he or they shall encessarily expend or lay out by reason of any Suit or Suits in Law touching the Premisses, not occasioned by any breach of trust by the said O. W. his Executors or Administrators.
In witness, &c.
A Grant of the moiety of an Annuity during Life.
THIS Indenture made, &c. Between J. F. of, &c. F. J. of, &c. of the one part, and R. C. of, &c. of the other part witnesseth, That the said J. F. and F. J. for and in consideration of the sum of 800 l. of lawful Mony of England, to them in hand paid by the said R. C. at or before the ensealing and delivery of these Presents, the receit whereof and themselves therewith fully satisfied and paid, they the said J. F. and F. J. do hereby acknowledge, and thereof do release, acquit and for ever discharge the said R. C. his Heirs, Executors and Administrators by these Presents, Have granted, [Page 146]bargained, sold and confirmed, and by these Presents do fully and absolutely grant, bargain, sell and confirm unto the said R. C. one Annuity or Annual Rent of 100 l. by the year, being the moiety or half part of one entire Annuity or Annual Rent of 200 l. by the year, arising, due and payable unto the said J. F. and F. J. out of the Mannor of A. or out of any part or parcel thereof, To have and to hold the said Annuity or annual Rent of 100 l. herein before-mentioned to be bargained and sold unto the said R. C. and his Assigns, from the, &c. last past before the date of these Presents, for and during the term of fourscore years, if he the said R. C. shall happen so long to live, in as large, ample and beneficial manner to all intents and purposes as they the said J. F. and F. J. or either of them now hath, ever had, or could, or might, or can, or may in any wise grant, bargain or sell the same to the only use and behoof of the said R. C. and his Assigns. And the said J. F. and F. J. the said annual Rent of 100 l. herein before-mentioned, to be bargained and sold by the year, against themselves and all other persons lawfully claiming or to claim the same or any part thereof, by, from or under them, or either of them, unto the said R. C. and him Assigns, shall and will warrant and defend by these Presents. And the said J. F. and F. J. do for themselves, and either of them doth for himself, their and his Heirs, Executors and Administrators, and every of them covenant, promise and grant to and with the said R. C. his Heirs, Executors and Assigns, and every of them by these Presents in manner following, (that is to say) That they the said J. F. and F. J. or one of them, for and notwithstanding any Act or thing by them or either of them heretofore done or suffered to the contrary, have or hath in themselves, or one of them at the time [Page 147]of their sealing of these Presents, good right and lawful authority to grant, bargain and sell unto the said R. C. and his Assigns, the said annual Rent of 100 l. by the year, in such manner and form as is herein before-mentioned. And further, That the said R. C. and his Assigns shall and lawfully may, during the natural life of the said R. C. or the term of, &c. if the said R. C. shall so long live, peaceably and quietly have, hold, enjoy and receive, retain and keep the said annual Rent or sum of 100 l. by the year before granted, without the lawful lett, suit, trouble, denial or disturbance of or by the said J. F. and F. J. or either of them, any other person or persons lawfully claiming, by, from or under them or either of them, their or either of their Estate, Right or Title. And further, That the said bargained Premisses were, are and be, and so shall remain and continue to the said R. C. and his Assigns, during the natural life of the said R. C. shall so long live, free and clear, and freely and clearly acquitted and discharged, or else by the said J. F. and F. J. or one of them, their or one of their Heirs, Executors or Administrators sufficiently saved harmless and indempnified of and from all former and other gifts, grants, bargains, sales, leases, jointures, dowers, sttatutes, judgments, recognizances, titles, troubles and incumbrances whatsoever at any time heretofore had, made committed or suffered, or hereafter to be had, made committed or suffered by them the said J. F. and F. J. or either of them. And the said J. F. and F. J. do for themselves, their Heirs, Executors and Admininistrators and every of them, covenant and promise to and with the said R. C. his Executors, Administrators and Assigns, and every of them by these Presents, That they the said J. F. and F. J. and all and every other person and persons now [Page 148]having or lawfully claiming, or which shall or may hereafter have or claim any lawful Estate, Right or Title in or unto the said bargained Premisses or any part thereof, by, from or under them the said J. F. and F. J. shall and will at any times during the space of five years next after the date of these Presents, if the said R. C. shall so long live, at and upon the reasonable request, and at the proper costs and charges in the law of the said R. C. and his Assigns make, acknowledge and Execute to the said R. C. and his Assigns, all and every such further and other lawful and reasonable Act and Acts, device, conveyance and assurance in Law whatsoever, for the better holding and enjoying of the said 100 l. herein before granted according to the true meaning of these Presents, as by the said R. C. and his Assigns, or any of them, his or their Councel learned in the Law, shall be devised, advised or required, so that such person or persons who are to make such further assurance as aforesaid, be not therefore compelled to travel farthe than to the Cities of London or Westminster, which said other assurances so to be had and made as aforesaid, shall be and enure, and shall be judged and taken to be and enure, and by the said parties is hereby so declared to the only use and behoof of the said R. C. and of his Assigns, and to no other use and purposes whatsoever.
In witness, &c.
A Grant of a Stewardship of a Mannor during Pleasure.
Know ye that I the said J. F. have given and granted, and do by these Presents give and grant unto R. C. of, &c. the Office of Steward and Stewardship of the Mannor of [Page 149] A. in the County of S. and also the custody and keeping of all Courts within the said Mannor, together with all Fees and Profits thereunto belonging, to have, hold and enjoy the same, to him the said R. C. by himself or his sufficient Deputy, for and during my Will and Pleasure.
In witness, &c.
A Grant of the next Avoidance of a Rectory.
Noveritis me M. B. p̄dict̄ pro diversis bonis Causis & Considerationibus me in hac parte specialiter moventibus dedisse concessisse ac per presentes confirmasse T. B. de S. in Com̄ S. Clerico Executoribus Administratoribus & Assignatis suis primam & proximam Advocationem Donationem Collationem Nominationem Presentationem liberam (que) dispositionem predict̄ Rectorie Ecclesie Parocħlis de I. cum C. p̄dict̄ volens & hoc p̄senti scripto meo concedens quod bene liceat & licebit dict̄ T. B. Execut̄ Administrat̄ & Assignat̄ suis ad dictam Ecclesiam de I. cum C. p̄dict̄ quandocun (que) quomodocun (que) qualitercun (que) ꝑ mortem resignationem privationem cessionem ꝑmutationem dimissionem sive quocun (que) alio modo primo & proxime vacari contigerit aliquem unum virum honestum habilem & literatum loci illius Ordinario sive Diocesano vel alii cuicun (que) potestatem in ea parte habenti sive habituro pro proxima & prima Vacatione tantum in debita juris forma nominare & presentare hujusmodi (que) personam per eundem T. B. Executores Administratores vel Assignatos suos sic p̄sentat̄ ad dictam Rectoriam Eccłe Parocħlis de I. cum C. p̄dict̄ admitti ac in eandem cum suis juribus membris & pertinentiis universis instituti & investiri cetera (que) omnia & singula in hac ꝑte que ad Patroni munus vel officium spectant exequi & [Page 150]ꝑficere pro hujusmodi prima & ꝓxima Vacatione tantum adeo plene integre & libere ꝓut ego p̄fat̄ M. B. ꝓut facere aut expedire possem vel deberem si hec p̄ sens donatio & concessio mea facta non fuisset
In cujus rei testimonium sigillum meum p̄sentibus apposui dat̄ octavo die Iunii Anno Regni Regis Caroli Secundi nunc Anglie Scotie Francie & Hibernie Fidei Defensor’ Tricesimo Anno (que) Dn̄i 1678.
A Grant of the next Avoydance of a Vicaridge, with necessary Covenants.
THIS Indenture, &c. Between N. C. of, &c. of the one part, and G. G. of, &c. and G. S. of, &c. of the other part, Witnesseth, that the said N. C. for and in consideration of 25 l. of lawful Mony of England, to him by the said G. G. and G. S. before the sealing and delivery hereof, well and truly in hand paid, Hath granted, bargained and sold, and by these Presents doth grant, bargain and sell unto the said G. G. and G. S. the first and next Advowson, Nomination, Presentation and free Disposition of and to the Vicaridge of the Parish Church of H. in the County of S. To have and to hold the said next Advowson, Presentation, Nomination and free Disposition of and to the said Vicaridge of H. unto the said G. G. and G. S. their Executors Administrators and Assigns for the next avoidance only: So that it shall be lawful to and for the said G. G. and G. S. their Executors, Administrators or Assigns by force and virtue of these Presents, any fit person to present to the said Vicaridge when it shall next become void, either by the death, resignation or cession of the present Incumbent, or otherwise howsoever. And the said N. C. doth for himself his Heirs Executors and Administrators, covenant [Page 151]and grant to and with the said G. G. and G. S. their Executors, Administrators and Assigns by these Presents, That no person or persons whatsoever (other than the said N. C.) have or hath any Right, Ritle or Interest to grant, bargain or sell the said next Advowson and Presentation to the Vicaridge of H. aforesaid. And that such person as by the said G. G. and G.S. their Executors, Administrators or Assigns, in pursuance of these presents, shall be presented to the said Vicarage, and thereunto have Institution and Induction, shall or may have, hold and enjoy the same without the lawful let or interruption, of or by any person or persons, having right or title to the Advowson or Patronage of the Vicarage aforesaid.
In witness, &c.
An Assignment made by a Vicar, of all Mony owing to him for Tithes.
THis Indenture, made, &c. Between F. D. Clerk, Vicar of the Vicarage of St. Peter the Great, alias the Subdeanry within the City of C. in the County of S. of the one part, and E. B. of the City of C. aforesaid, Taylor, of the other part, Witnesseth, That the said F. D. hath made, ordained and appointed, and by these presents doth make, ordain and appoint the said E. B. his true and lawful Attorney, for him and in his name, stead and place, and to and for the only use and behoof of the said E. B. to ask, levy, recover, have and take up, of and from all and every person and persons whatsoever, Debtors unto the said F. D. all and every sum and sums of Mony due and owing to him for Tithes, Offerings, or other Duties whatsoever, belonging to the Vicarage aforesaid. And the said F. D. doth hereby give and grant unto the said E. B. full power and authority [Page 152]for him the said F. D. and in his name, stead and place, to give and deliver unto all and every the said Debtors, their Executors and Administrators, Acquittances or other legal Discharges for the several sums of Mony by them due and owing, as aforesaid. And in default of payment thereof, for him the said F. D. and in his name, stead, and place, to arrest, implead, imprison and condemn all and every the said Debtors, their Executors and Administrators, for the said Tithes, Offerings and other Duties by them respectively owing, as aforesaid. And out of Prison them and every of them to release and discharge, and to take all the benefit and advantage of the said Tithes, Offerings, and other Duties, and of all and every Sentence, Decree and Judgment for the same to be obtained, and to appoint one or more Attorney or Attorneys under him, and to do all and every lawful Act and thing tending to the recovery of the said Tithes, Offerings and other Duties, as fully as the said F. D. his Executors or Administrators may or can do. And the said F. D. doth for himself, his Executors and Administrators, covenant and grant to and with the said E. B. his Executors, Administrators and Assigns, by these presents, That he the said F. D. his Executors and Administrators, shall and will allow, ratifie and hold for sure and good, whatsoever the said E. B. his Executors and Administrators, shall lawfully do, or cause to be done, in or about the Premisses. And also that the said F. D. his Executors or Administrators, shall not at any time hereafter do any act or thing whereby the said E.B. his Executors or Administrators may be barred in Law, or obstructed or hindred from the recovering and receiving all the said Tithes, Offerings, and other Duties, with Costs of Suit. And also that the said F. D. his Executors and Administrators, shall and will upon every reasonable [Page 153]request made, and at the costs and charges of the said E. B. his Executors and Administrators, well and truly do and execute, or cause to be done and executed, all and every further or other lawful and reasonable Act or thing, for the better or more full authorizing and impowring the said E. B. his Executors and Administrators, to recover and receive the said Tithes, Offerings, and other Duties. And the said E. B. doth for himself, his Executors and Administrators, covenant and grant to and with the said F. D. his Executors and Administrators by these presents, That he the said E. B. his Executors and Administrators, shall and will from time to time, and at all times hereafter, save, defend and keep harmless the said F. D. his Executors and Administrators, of and from all costs, charges, damages and expences, by occasion of any Bill, Suit or Plaint, to be brought or prosecuted by the said E. B. his Executors or Administrators, in the name of the said F. D. his Executors or Administrators, for the said Tithes, Offerings, and other Duties, or any part thereof.
In witness, &c.
An Assignment of a Judgment.
Whereas there is a Judgment for 400 l. on Record in the Court of Common-Pleas at Westminster against R. C. of, &c. at the Suit of me the said J. F. as by the Records of the said Court, remaining in the Treasury at Westminster it doth more at large appear, upon which Judgment Execution hath been lately sued forth. Now know ye, That I the said J. F. for divers good Causes and Considerations me hereunto moving, have granted, transferred, assigned and set over; and by these presents do clearly and absolutely grant transfer, Assign and set over unto J. F. of, &c. his Executors, [Page 154]Administrators and Assigns, as well the said Judgment for the said, &c. aforesaid, as also all benefit, profit, sum and sums of Mony and advantage whatsoever, that now is, or hereafter shall or may be obtained by reason or means of the same, or of any Execution or Extent thereupon to be had sued, executed or obtained, and all the Estate, Right, Title, Interest and Demand whatsoever, which I the said J. F. have or ought to have or claim, of, in or to the said Judgment, or any sum of Mony, Lands or Tenements, which by virtue thereof, or of any Process or Execution thereupon sued or to be sued, is or which shall be recovered, obtained or gotten. And further, I the said J. F. do by these Presents make, ordain, constitute, authorize and appoint the said F. J. to be my true and lawful Attorney, for me and in my name to sue and prosecute the Execution upon the said Judgment, and upon Composition or Agreement made concerning the premisses, to acknowledge satisfaction, or to make and do any other Release or Discharge for the same; and all and every other act and acts, thing or things whatsoever, as shall be requisite in or about the Premisses, I covenant, promise and agree, to allow, establish and confirm by these presents. And I the said J. F. for my self, my Executors and Administrators, do covenant, promise and agree to and with the said F. J. his Executors, Administrators and Assigns, by these Presents, in manner and form following; That is to say, That I the said J. F. have never made, done or committed any Release or other discharge of the said Judgment, or of any Extent or Execution, which hath been thereupon sued or executed, neither will or shall I the said J. F. my Executors or Administrators, at any time hereafter make, commit or do any release, act or thing whatsoever, whereby the said Judgment, or any Extent [Page 155]or Execution which hath been thereupon sued or executed, or which shall be thereupon sued or executed at any time hereafter by the said F. J. or his Assigns, shall be in any manner or wise hurt hindred, disabled, debarred or extinguished, without the consent of the said F. J. his Executors or Assigns, thereunto first had in Writing, under their Hands and Seals. And farther, That I the said J. F. my Executors, Administrators and Assigns, shall and will at all times hereafter, on request made, and at the costs and charges of the said F. J. and his Assigns, maintain justifie, allow and confirm all such lawful Actions, Suits, Process, Extents, Executions and Proceedings whatsoever, as have been, or hereafter shall be brought, sued forth or prosecuted against the said R. C. his Executors or Administrators, his, their or any of their Tenements, Lands and Goods, upon or by reason of the said Judgment. And that he the said F. J. his Executors and Administrators, shall and may peaceably and quietly have and hold, receive and enjoy, to his and their own proper use and behoof, all such benefit, sum and sums of Mony, Lands and Tenements, which by virtue of the said Judgment, or of any Extents, Executions or Proceedings thereon, shall be recovered, obtained or gotten, without the let, suit, trouble, eviction or disturbance of me the said J. F. my Executors or Administrators, and without any account to me or them, or any of them therefore to be made or given.
In witness, &c.
A Letter of Attorney to receive Monies due from several Persons.
Whereas upon an account made between me and N. C. Gent. I am in arrear and indebted unto him in one and twenty Pounds and ten Shillings. Now know ye, That for the more speedy re-imbursing and paying unto the said N. C. the said one and twenty Pounds and ten Shillings, I do hereby grant and assign unto him five Pounds and ten Shillings due unto me from R. L. of Farnham, upon a Bill Obligatory, dated the 14th day of March in the Year of our Lord 1676. And I do hereby also grant and assign unto the said N. C. all Sum and Sums of Mony due or payable unto me by R. L. Clerk for Costs and Charges, Taxes or Assesses, or to be taxed or assessed by his Majesty's Court of Exchequer. And farther I do make and appoint the said N. C. my true and lawful Attorny for me and in my name, stead and place to receive, have and take up all and every the Sum and Sums of Mony before mentioned, and to do and execute all and every matter and thing necessary to be done for the receiving or recovering the said Monies. And I do hereby covenant with the said N. C. That he the said N. shall or lawfully may receive, have and take up of and from the said R. L. and R. L. respectively all and every the said several Sum and Sums of Mony, and the same may retain and keep to his own use notwithstanding any Act or thing by me done or to be done to the contrary, and without any Account hereof to me to be rendred.
In witness whereof I have hereunto set my Hand and Seal the 3d. day of April, in the Year of our Lord, 1678.
A Memorial of Submission to an Arbritation according to the new Statute.
1 May 1699. A. B. and C. D. being desirous to end divers Controversies and Quarrels between them (for which there is no other Remedy but by personal Action or Suit in Equity) did agree to submit, and did submit and refer all the said Controversies, Suits and Quarrels to the Award of E. F. and C. H. (Arbitrators indifferently chosen between them) to be made in Writing under the Hands and Seals of the said Arbitrators before the [...] day of [...] next ensuing. And the said Parties did mutually promise and oblige themselves respectively, That they will perform and execute such Award as the said Arbitrators shall make in the Premises. And the said Parties did farther agree, That their said Submission should be made a Rule in his Majesty's Court of Common-Pleas at Westminster, and that they will finally be concluded by the Arbitration which shall be made concerning them by the said Arbitrators pursuant to such Submission.
An Assignment by a Mortgagee of a Term for Years.
THis Indenture made, &c. Between J. F. of the one part, and R. C. of, &c. of the other part Witnesseth; That whereas, F. J. by his Indenture bearing date, &c. (and so go on with the recital) And whereas, in the said recited Indenture of Assignment, There is a Proviso or Condition contained for redemption of the Premisses upon payment of One hundred pounds of, &c. on the 10th day of March which then should be, and since has been in the Year of our Lord, &c. as in and by the said Proviso or Condition, relation being thereunto had, doth more fully appear; [Page 158]Which said Sum of One hundred pounds or any part thereof, was not paid or tendred to or for the said J. F. at the day in the Proviso of Redemption limited for the payment thereof, and yet remaineth unpaid, by reason whereof, the said Messuage and other the premisses, and the whole Estate, Right, Title and Interest of the said F. J. in and to the same became forfeited unto the said J. F. and he thereby was and now is, and shall lawfully be interested and possessed, in and of the said premisses, and of and in every Part thereof; during the residue and term of years which then were and now are to come and unexpired, of the Term granted to the said F. J. in and by the said Indenture of Demise above-mentioned. Now this Indenture further Witnesseth, That the said J. F. for and in consideration of the sum of, &c. to him in hand paid by the said F. J. at and before the ensealing and delivery of these presents, whereof and wherewith the said J. F. doth, &c. Hath granted, bargained, sold, assigned and setover, and by these Presents doth fully, clearly and absolutely grant, bargain, sell, assign and set-over unto the said R. C. his Executors, Administrators and Assigns, as well the said Messuage, Tenement, &c. and all other the Premisses with the appurtenances whatsoever, in and by the said Indenture of Demise granted to the said J. F. as aforesaid; as also all the Estate, right, title, interest, property, possession, term of years, claim and demand whatsoever, which he the said J. F. his Executors, Administrators or Assigns now hath, may or ought to have or claim, in or to the said Messuage and Premisses, or any part thereof, by force and virtue of the said Indenture of Mortgage or Assignment above-recited, or of any thing therein mentioned or contained; Together with the said Indenture of Mortgage or Demise aforesaid, and all ther [Page 159]Writings relating to or concerning the same; To have and to hold the said, &c. unto the said R. C. his Executors, Administrators and Assigns, to his and their own proper use and behoof, in as large, ample and beneficial manner and form, to all intents and purposes, as he the said J. F. now hath, or might or ought to have and enjoy the same, by force and virtue of the said Indenture of Lease, or the said Indenture of Mortgage aforesaid, or either of them or any thing therein mentioned or expressed, or otherwise howsoever. (A Covenant for discharge of Incumbrances.)
In witness, &c.
Note, If the Assignor be not in possession nothing will pass unless such Assignment be sealed and executed on the Premisses.
An Assignment of a Bond
Whereas R. C. of, &c. in and by one Obligation or Writing Obligatory bearing date, &c. standeth bound to the said J. F. his Executors, Administrators and Assigns, in the penal Sum of Twenty pounds with a Condition thereunto anexed for the payment of Ten pounds of, &c. on the 10th day of March next ensuing the date of the said Obligation, as by the said Obligation and Condition it doth more fully appear. Now know ye, That I the said J. F. for divers good Causes and Considerations me hereunto moving, Have bargained, sold, assigned and set-over, and by these Presents do fully, clearly and absolutely bargain, sell, assign and set-over unto F. J. of, &c. his Executors, Administrators and Assigns, as well the said Obligation, as the said sum of Mony therein mentioned, to the proper use and behoof of the said F. J. his Executors, Administrators and Assigns, and without any account [Page 160]therefore to be given unto me the said J. F. my Executors, Administrators or Assigns, or any of them.
In witness, &c.
An Assignment of an Apprentice.
Whereas my Apprentice A. B. has certain years yet to come and unexpired of his Apprenticeship, viz. three whole years from the Feast of St. Michael last past, as by his Indenture to me sealed it doth appear. Now know ye, That I the said R. C for divers good Causes and Considerations me hereunto moving, Have granted, assigned and set over, and by these presents do fully and absolutely give, grant, assign and set over unto my well beloved Friend F. J. all such right, title, duty, term of years to come, service and demand whatsoever, which I the said R. C. have in or to the said A. B. or which I may or ought to have in him by force and virtue of the said Indenture of Apprenticeship: And moreover I the said R. C. do by these presents covenant, promise and agree to and with the said F. J. his Executors and Assigns, that notwithstanding any thing by the said R. C. to be done to the contrary, the said A. B. shall during the said Term of three years well and truly serve the said R. C. as his Master, and his Commandments lawful and honest shall do and from his Service shall not absent himself day or night during the Term aforesaid; Provided that the said R. C. shall well intreat and use the said A. B. finding for him Meat, Drink, Linnen, Woollen, Hose, Shoos and Bedding, and all other necessaries during the said Term.
In witness, &c.
An Assignment of a Lease.
THis Indenture made, &c. Between J. F. of, &c. of the one part, and R. C. of, &c. of the other part witnesseth, that C. R. of, &c. in and by one Indenture of Lease bearing date, &c. for the consideration therein mentioned did demise, grant and to farm let unto the said J. F. (recite the Lease) as in and by the said recited Indenture of Lease it doth more fully and at large appear: And this Indenture further witnesseth, that the said J. F. for and in consideration of, &c. to him paid before the ensealing and delivery of these presents, by the said R. C. the receipt whereof he the said J. F. doth hereby acknowledge, and thereof, and of every part thereof doth hereby, fully, acquit, exonerate and discharge the said R. C. his Executors, Administrators and Assigns, Hath granted, bargrained, sold, assigned and set over, And by these presents doth grant, bargain, sell, assign and set over unto the said R. C. his Executors, Administrators and Assigns, all that, &c. and all the Estate, Right, Title, Interest, Possession, Term of years to come, claim and demand whatsoever, which he the said J. F. now hath, or may, ought or should have or claim in or to the Messuage and Premisses with the Appurtenances aforesaid, by force and virtue of the said recited Indenture of Lease, To have and to hold the said, &c. And also the said recited Indenture of Lease, and all the Estate, Right, Ritle, Interest and Term of years, before in and by these presents, bargained, sold, assigned and set over unto the said R. C. his Executors, Administrators and Assigns, to his and their proper use and behoof, during the residue of the said Term, by the Indenture of Lease granted and yet to come, and unexpired, in as large, ample and beneficial [Page 162]manner to all intents and purposes, as he the said J. F. now hath or might, should or ought to have, and enjoy the same by force and virtue of the said recited Indenture of Lease or otherwise howsoever; And the said J. F. for himself, his &c. doth covenant and agree to and with the said R. C. his, &c. that notwithstanding any act or thing by the said J. F. done to the contrary, the said recited Indenture of Lease is a good, sure, perfect and indefeazable Lease in the Law, at the time of the ensealing and delivery of these presents, and so shall stand remain, continue and be unto the said R. C. his Executors, Administrators and Assigns, for and during the remainder of the term of years thereby granted, under the Rents and Covenants therein mentioned and contained; And also that the said R. C. his Executors, &c. paying the Rent reserved, and performing the Covenants, Conditions and Agreements in the above recited Lease contained, shall and may peaceably and quietly have, hold occupy, possess and enjoy the said, &c. for and during the residue of the Term aforesaid, without the lett, suit, trouble or interruption of him the said J. F. his, &c. or of any other person or persons, lawfully, claiming or to claim any right or interest in the Premisses, by, from or under him, them or any of them.
In witness, &c.
An Assignment of an Annuity.
Whereas J. F. of, &c. by his Deed indented bearing date, &c. for the considerations therein mentioned, did give, grant and confirm unto me the said R. C. one annuity or yearly rent of, &c. to be issuing and going out of all and singular the Messuages and Tenements, Lands and Premisses [Page 163]of the said J. F. situate and being in, &c. for the term of the natural life of me the said R. C. as in and by the said Deed indented it doth more fully and at large appear: Now know ye that I the said R. C. for divers good considerations me hereunto moving, have assigned and set over, and by these presents do assign and set over unto F. J. of, &c. the said Annuity or yearly Rent of, &c. To have and to hold the said Annuity or yearly Rent of, &c. aforesaid, unto the said F. J. and his Assigns in as large and ample manner and form as I the said R. C. may or ought to have and enjoy the same by virtue of the said Deed Indented or any thing therein contained, together with the said Deed Indented.
In witness, &c.
An Assignment of certain Debts by an Administratrix to Creditors.
Whereas the said B. C. my late Husband in his life time stood indebted unto, &c. and to every of them severally in certain several Sums of Mony; Know ye therefore, that I the said R. C. intending as much as in me lieth to give content and satisfaction to them and every of them, Have given, granted, bargained, assigned and set over, and by these Presents do fully, clearly and absolutely, &c. unto the said, &c. Executors, Administrators and Assigns, all and every the Book Debts, Specialties, Obligations mentioned in a Schedule hereunto annexed, which are due and owing unto me the said R. as Administratrix, by one T. A. of, &c. and one A. T. of &c. and by such their Sureties, as in the said Writings and Obligations [Page 164]are named as in and by the said, &c. it doth more at large appear, together with all and every Sum and Sums of Mony, profits and advantage that shall or may arise, come or be had of or by the said Book Debts, Obligations and Writings, and every of them, and all my right, title, interest, property, claim and demand in and to the same or any part thereof; And I the said R. C. do for my self, my Executors, Administrators and Assigns, Covenant and Promise to and with the said, &c. and every of them, their, and every of their Executors, Administrators and Assigns, that I the said R. C. have not released or any way discharged the said Book Debts, Obligations or Writings, or any of them, or any Sum or Sums of Mony in them or any of them mentioned; And I the said R. C. do Covenant and Promise for my self, my Executors, Administrators and Assigns, that neither I nor they or any of them, shall or will at any time hereafter release or discharge the said Book Debts, Obligations, &c. or any Sum or Sums of Mony in any of them mentioned, without the consent of, &c. First, thereunto had and obtained; And that I the said R. C. my, &c. shall and will permit and suffer the said, &c. jointly and severally at their costs and charges to commence and prosecute, all and every such lawful Actions and Suits, as shall by them or any of them, their or any of their Executors, Administrators or Assigns, be thought requisite and necessary for the receving of the said Debts or any of them, and the said Actions will now aver, justifie and maintain, And that the said, &c. their &c. shall and may quietly, have, possess and enjoy to their own proper use, all and every such Sum and Sums of Mony, which shall be recovered and obtained by reason of the same, and shall have full power and authority in my name, to acquit, release and discharge upon [Page 165]the payment of any of the said Debts so due as aforesaid.
In witness, &c.
Note, This would be better by Indenture.
An Assignment of a Statute be an Administrator to two Creditors.
THis Indenture, &c. Between R. C. of, &c. Administrator of the Goods and Chattels of C. R. late of, &c. of the one part, And J. F. of, &c. and F. J. of, &c. of the other part, Whereas the said C. R. at the time of his death stood indebted unto the said J. F. in the Sum of 200 l. Principal Mony, and to the said F. J. in the Sum of 400 l. Principal Mony besides Interest for each of the said Debts; And whereas J. V. of, &c. in and by one Recognizance or Statute, in the nature of a Stature Staple, bearing date the tenth day of March, in the first year of the Reign of, &c. and taken and acknowledged before Sir H. B. Knight, then Lord Chief Justice of his Majesty's Court of Common Pleas at Westminster, is and standeth bound unto the said C. R. in the Sum of, &c. of lawful Mony of England, payable at the Feast of St. Michael, the Arch-Angel then next ensuing, as by the said Statute more at large appeareth, Now this Indenture witnesseth, That the said R. C. for and toward the payment and satisfaction of the said Debts due to the said J. F. and F. J. Hath given, granted, assigned and set over unto the said J. F. and F. J. their Executors, Administrators and Assigns, the said Recognizance or Statute, and all his right and interest therein, and all Actions Extents and Executions to be had or prosecuted upon the same, in as large and ample manner and form as he the said R. C. hath, or at any time hereafter may or might have by force of the said [Page 166]Statute: And further, the said R. C. doth by these presents constittute, authorise and make the said J. F. and F. J. his true, irrevocabl lawful Attorney and Attorneys, jointly and severally to sue, and prosecute all manner of Actions, Suits, Demands and Executions, in and upon the said Statute or Recognizance, in the name of the said R. C. his Executors or Administrators, and to receive and recover the said Sum of, &c. in the said Statute mentioned, and all other Sum and Sums of Mony, benefit and advantage, which shall or may lawfully be had or gotten upon the said Statute or Recognizance, Authorizing them and every of them by these presents, to retain such Counsellers and Attorneys for the executing of the said Suits, Extents and Executions as shall be requisite and necessary; And to Execute all and every other lawful Act and Acts whatsoever, which shall be meet and expedient in and about the Premisses; And the said R. C. doth for himself, his Executors and Administrators, covenant, promise and grant to and with the said J. F. and F. J. their and every of their Executors and Administrators, that he the said R. C. his Executors and Administrators, shall and will permit, suffer, justifie, allow and maintain all such lawful Actions, Suits, Extents and Executions as the said J. F. and F. J. or any of them, their Executors Administrators or assigns, shall and will, sue or prosecute for the levying, taking and receiving of the said Sum of, &c. contained in the said Statute in the name of the said R. C. his Executors or Administrators, And that all Sums of Mony, Recoveries and Executions to be had and obtained upon the same by any Suit, Action or Execution, or otherwise shall be to the only use of the said J. F. and F. J. their &c. to be divided between them proportionably according to their several Debts, in as large and [Page 167]ample manner and form as the said R. C. might have had the same; And that he the said R. C. hath not, neither shall or will he, his Executors, Administrators or Assigns, at any time hereafter release or discharge the said Debt contained in the said Statute, nor any Action, Extent or Execution to be had upon the same, nor do any other Act in prejudice of the same: And further, that he the said R. C. his Executors and Administrators, shall at any time during the space of three years next after such time, as the said Statute shall be executed by way of Extent, make or cause to be made to the said J. F. and F. J. their Executors, Administrators or Assigns, to the only use and be hoof of them the said J. F. and F. J. on request to be made, by and at the costs and charges in the Law of them the said J. F. and F. J. their Executors Administrators and Assigns, such assurance and conveyance of the Land which shall be extended and put in Execution upon the said Statute, as shall be reasonably devised by the said J. F. and F. J. or either of them, their Executors, Administrators or Assigns, or their or any of their Counsel learned in the Law, discharged of all Incumbrances by the said R. C. his, &c.
In witness, &c.
A Penal Bill for payment of Mony.
KNow all men by these presents, That I R. C. of, &c. do owe unto J. F. of D. aforesaid Gent. ten pounds of lawful Mony of England, to be paid unto the said J. F. his Executors, Administrators or Assigns on the tenth day of March next ensuing the date hereof, to which payment well and truly to be made, I bind my self, my Heirs, Executors and Administrators in 20 l. of like lawful Mony firmly by these Presents,
In witness [Page 168]whereof I have hereunto set my Hand and Seal, this twenty eighth day of November, Anno (que) Domini 1699.
An Acquittance for part of Purchase Mony.
REceived by me J. F. the day and year above written, the Sum of 130 l. of lawful Mony of England, in part of the 500 l. of like Mony of England, agreed to be paid for the Purchase of certain Lands in C. in the County S. according to certain Articles of Agreement Indented bearing date, &c. made between, &c.
In witness, &c.
A Warrant to Summon a Copyhold Court, of the Mannor of N.
WHereas I have received directions from Sr. R. C. Knight, to hold a Court Baron for his Mannor of N. within, &c. These are to let you know that I have appointed the tenth day of March next, being Thursday, for the holding of the said Court at the House of T. B. Yeoman: And therefore do hereby require you to give notice of the same, unto all Suiters and Tenants of the said Mannor, and to warn and require them and every of them to be there, and then present, by nine of the clock in the Morning; And that also at the time and place aforesaid, you return a Jury of the Suiters and Tenants of the said Mannor, to enquire of such Matters as shall by me be given them in charge,
And hereof, &c. given under my Hand and Seal, &c.
A Bill of Credit.
THis present Writing witnesseth, That I R. C. of London Merchant, do undertake to and with J. F. of the City of C. Merchant, his Executors and Administrators, that if he deliver unto Sir C. R. Knight, or any of his Assigns, to his use, any Sum or Sums of Mony amounting to the Sum of 1000 l. of lawful Mony of England or under, And shall take a Bill under the Hand and Seal of the said R. C. confessing and shewing the certainty thereof, That then I my Executors or Administrators having the same Bill delivered to me or them shall immediately upon the receit of the same, pay or cause to be paid unto the said J. F. his Executors or Assigns, all such Sums of Mony as shall be contained in the said Bill, which payment in manner and form aforesaid, well and truly to make, I bind my self, my Executors, Administrators and Assigns by these presents.
In witness, &c.
A Clause in a Will to enable the Executors to Sell Lands.
ITem, I Will and Ordain that the Executor of this my last Will and Testament or his Executor or Executors, Administrator or Administrators, for and towards the performanee of my said Testament, shall with all convenient speed after my decease, bargain, sell and alien in Feesimple all those Lands, &c. for the doing, executing and perfect finishing whereof, I do by these presents give, grant, will and transfer to my said Executor, and to his Executors and Administrators full Power and Authority, to grant, alien, bargain, sell, convey and assure All, &c. to any person or [Page 170]persons and their Heirs for ever in Feesimple, by all and every such lawful ways and means in the Law as to my said Executors, or his, &c. or to his or their Counsel learn'd in the Law, shall seem fit.
A Form of an Award.
Whereas divers controversies and debates have been and yet are depending between R. D. and M. C. for the appeasing and determining whereof the said parties have submitted themselves, and are become bound each to other by their several Obligations dated, &c. in the sum of, &c. with Conditions unto the said Obligations for performance of the Award, Arbitrement, Determination and Judgment of us the said J. F. and R. C. Arbitrators indifferently elected and chosen, as well on the part and behalf of the said R. D. as on the part and behalf of the said M. C. to Award, Arbitrate, Determine and Judge, of and concerning all and all manner of Actions, Suits, Judgments, Executions, Accounts, Recknings, Trespasses, Controversies and Demands whatsoever, had, made, moved, stirred and depending between the said R. D. and M. C. from the beginning of the World until the day of the date of these Presents; so always as the said Award, &c. of us the said J. F. and R. C. for and concerning the Premisses, be made and put in writing under our Hands and Seals, on or before the, &c. as by the said Obligations and Conditions it doth more fully appear. Now know ye, That we said J. F. and R. C. Arbitrators as aforesaid taking upon us the charge of the said Award and Arbitrement, and having heard and understood the Sayings and Allegations [Page 171]of both the said Parties concerning the Premisses, and being minded to settle unity and friendship between them concerning the same, do thereupon make and put in writing this our Award, Arbitration and Judgment between the said Parties for and concerning the premisses, in manner and form following: That is to say, First, we do Award, Arbitrate and Determine by these Presents, That the said R. D. his Executors, Administrators or Assigns shall well and truly pay, &c. And we the said Arbitrators do also award, &c. That he the said R. D. shall on the, &c. Seal, and as his absolute Deed deliver to the said M. C. or to her use, a Release of all and all manner of Actions, &c. from the beginning of the World to the day of the date of the Obligations aforesaid. And further, we do award, Arbitrate and Determine, that the said M. C. shall well and truly pay, &c. and seal, release, &c.
In witness, &c.
A Bargain and Seal of all Goods and Chattels real and personal, to save harmless from all Bonds.
Know yet that J. the said R. C. as well for the indempnifying and saving harmless of J. F. of, &c. his Heirs, Executors, Administrators and Assigns, and every of them of and from all manner of Bonds and Writings obligatory whatsoever, wherein the said J. F. is and standeth bound for me the said R. C. in any sum or sums of Mony to any person or persons whatsoever, as also for divers other good Causes and Considerations me hereunto especially moving, Have given, granted, bargained, sold and confirmed, and by these Presents do give, grant, bargain, sell and confirm unto [Page 172]to the said J. F. all and singular my Leases, Goods and Chattels whatsoever, as well real as personal of what kind, nature, quality or condition soever the same are or be, and in what place or places soever the same shall or may be found, as well in my own custody and possession, as in the hands, custody and possession, of any other person or persons whatsoever; To have and to hold all and singular the said Leases, Goods and Chattels, and all other the Premisses, with the appurtenances, to the said J. F. his Heirs, &c. to his and their own proper use and behoof for ever. And I the said R. C. and my Heirs, &c. all and singular the said Goods and Chattels and other the Premisses, unto the said J. F. his, &c. to his and their own proper use as aforesaid, shall and will warrant and for ever defend by these Presents, Provided always that if I the said R. C. my Executors &c. or any of us do or shall from time to time, and at all times hereafter clearly acquit and discharge or otherwise sufficiently save and keep harmless the said J. F. his, &c. and all his and their Goods, Chatels, Lands, Tenements and Hereditaments and every of them, of and from all and singular Bonds, Writings Obligatory whatsoever, wherein and whereby the said J. F. at the request or for the debt of me the said R. C. is and standeth bound to any person or persons whatsoever in any sum or sums of Mony, and of and from all and all manner of Actions, Suits, Charges, Troubles, Expences and Demands whatsoever, which shall or may in any wise hereafter happen, come, grow or be, to or against the said J. F. his, &c. or any of them, for or by reason of the said Obligations, Writings obligatory or any of them, or any thing in them or any of them mentioned or contained, that then this present Deed or Grant, and every thing herein contained shall be utterly void and of none effect, any [Page 173]thing before mentioned herein to the contrary notwithstanding.
In witness, &c.
A Deed of Free Gift of all Goods and Chattels.
Know ye, That I the said J. F. as well for and in consideration of the natural love and affection which I bear to my well-beloved Cosin R. C. of, &c. as also for divers other good Causes and Considerations me hereunto moving, have given and granted, and by these presents do give, grant and confirm unto the said R. C. all and singular my Goods, Chattels, Leases, Debts, Ready Mony, Housholdstuff and all other my Substance whatsoever, moveable and immoveable, quick and dead, of what kind or nature soever the same are, and in what place or places soever the same be, either in my possession or in the custody of any other person or persons whatsoever, To have and to hold all and singular the said Goods, &c. and all other the aforesaid Premisses, unto the said R. C. his, &c. to his and their own proper use and behoof for ever, without any manner of challenge, claim or demand from me the said J. F. or from any other person or persons whatsoever for me, or authorized or procured by me, and without any Mony or other thing to be yielded therefore unto me the said J. F. my, &c. And I the said J. F. all and singular the aforesaid Goods, &c. to the said R. C. his, &c. to the use aforesaid, against all people do and will warrant and for ever defend by these Presents. And further know ye, that I the said J. F. have put the said R. C. in possession of all and singular the Premisses aforesaid, by the delivery of the sum of 5 s. unto him the said R. C.
In witness, &c.
A Deed to revoke uses in a Settlement, according to a power reserved.
Whereas in and by one Indenture, bearing date, &c. and made between the said J. F. of the one part, and R. C. of, &c. of the other part. There is (amongst other things) one Proviso, contained in these or the like words, (that is to say) Provided likewise, and it is hereby further declared and agreed by and between the said Parties to these Presents, that if the said J. F. shall at any time hereafter, during his natural life, be minded to alter, revoke, or make void all or any of the Use or Uses, Estate or Estates, Trust or Trusts herein mentioned, limited and appointed, and shall by any Deed or Writing by him the said J. F. Sealed and Subscribed in the presence of two credible Witnesses, declare and publish his Mind, intent and meaning to be to revoke, alter and make void the said several Uses, Estates and Trusts herein before-mentioned, declared and appointed, or any of them; That then, and immediately after such Revocation so made as aforesaid, the same Uses, Estate, and Trusts in and by these Premisses limited, expressed and declared, of, for and concerning which any such Revocation shall be made, shall cease and become void and of none effect: And that then and at all times after the said R. C. and his Heirs, and all other person and persons standing and being seized of the said, &c. shall stand and be seized of the same or such part thereof concerning the which such Revocation or Declaration shall be made as aforesaid, to such uses and purposes as the said J. F. in or by any such Deed or writing shall declare, limit and express, and in default of such limitation or appointment, to [Page 175]the only use and behoof of the said J. F. his Heirs and Assigns forever, as in and by the said Indenture it doth more fully and at large appear. Now know ye, That I the said J. F. do by this present Deed, Sealed and Subscribed by me the said J. F. in the presence of two credible Witnesses declare and publish my Mind and Meaning to be to revoke, alter and make void all and every the Uses, Estates, Trusts and Limitations in and by the said Indenture expressed and limited, of, for and concerning all and every the, &c. and all other Hereditaments specified and mentioned in the said Indenture, with their and every of their appurtenances, and of, for and concerning every part thereof. And I do hereby further declare, limit and appoint that the said, &c. with the appurtenances shall remain and be, and the said R. C. and his Heirs, and all and every other person and persons standing by, and being seized of and in the same, shall stand and be seized thereof to the use and behoof of me the said J. F. my Heirs and Assigns forever, and to and for no other use, intent or purpose whatsoever.
In witness, &c.
A Bargain and Sale of Housholdstuff.
KNow all men by these Presents, That I R. C. of, &c. for and in consideration of the sum of 50 l. of lawful Mony of England to me in hand paid, at and before the sealing and delivery of these Presents by J. F. of, &c. wherewith I acknowledge my self fully satisfied and paid, and thereof and of every part thereof do hereby acquit, exonerate and discharge the said J. F. his Executors, Administrators and Assigns; have granted, bargained and sold, and by these Presents do fully, clearly and absolutely grant, bargain and sell unto the said J. F. all such Goods and Housholdstuff [Page 176]and all other, things as are mentioned and contained in a Schedule hereunto annexed, now remaining and being in one Messuage and the Garden and Yard thereunto belonging, called C. situate, lying and being in C. in W. and now in the tenure or occupation of the said J. F. or his Assigns, To have and to hold all and singular the said Goods, &c. before, by these Presents bargained and sold unto the said J. F. his Executors, Administrators and Assigns for ever. And the said R. C. for himself, his Executors Administrators and Assigns doth covenant, promise and grant to and with the said J. F. his Executors, Administrators and Assigns by these Presents, That he the said R. C. his Executors, Administrators and Assigns and every of them, all and singular the said Goods, &c. before bargained and sold, and every of them unto the said J. F. his Executors, Administrators and Assigns, against all persons shall and will warrant, and for ever defend by these Presents.
In witness, &c.
A Declaration by a Wife concerning the disposing of a Sum of Mony, according to a power reserved before Marriage.
Whereas by an Indenture tripartite, made the 10th day of March in the first year, &c. Between the said R. R. by the name, &c. of the first part, and me the said R. R. by the name of, &c. of the second part, and B. C. of, &c. and A. B. C. D. and E. F. of, &c. of the third part, in consideration of a Marriage then shortly after to take effect between him the said J. R. and me the said R. it appeareth, that at the time of the making of the said Indenture, it was [Page 177]intended, concluded and agreed beetween him the laid J. R. and me the said R. that I the said R. or any other person or persons whom I should nominate and appoint (notwithstanding the said Marriage should take effect) should and might have full power and Authority to dispose of the sum of 500 l. of lawfull Mony of England, and all benefit and profit thereof at all times ensuing the said Marriage; and to that end, intent and purpose he the said J. R. by the said Indenture did for himself his Executors and Administrators covenant, promise, grant and agree to and with the said R. C. A. B. C. D. and E. F. and every of them, and with their and every of their Executors, and Administrators, that he the said J. R. his Executors, Administrators or Assigns, or some or one of them should well and truly satisfie, pay and deliver, or cause to be satisfied paid and delivered unto the R. C. A. B. C. D. and E. F. or to the Survivor or Survivors of them, or to the Executors, Administrators or Assigns of such Survivor or Survivors the full sum of 500 l. of lawful Mony of England, upon or before the 10th day of March, &c. if I the said R. R. should be living, or the said 10th day of March, or within six Months next after the decease of me the said R. R. or within one year next after the death of the said J. R. either of which shall first happen next after the date of the said Indenture, to be imployed and disposed of to such person and persons, and to such uses, intent and purpose as I the said R. should at any times then following, during my life, order, appoint, give or dispose of the same. And it was thereby further covenanted, concluded and agreed on by and between all the said Parties to the said Indenture, and the said J. R. did thereby for himself his Heirs, Executors and Administrators, and for every of them covenans, promise and grant to [Page 178]and with the said R. C. A. B. C. D. and E. F. and every of them, and to and with their and every of their Executors and Administrators, that the said sum of 500 l. and every part thereof should and might from time to time be quietly, had, taken, received and enjoyed unto and by such person or persons whom I the said R. should at any time, during my life, constitute, order and appoint to dispose of the said 500 l. or any part thereof, either by my last Will and Testament in writing, or by any writing to be signed by me the said R. or to which my Mark should be put in the presence of two or more Credible Witnesses, as in and by the said Indenture, amongst other Covenants, at large appeareth; which Marriage since the making of the said Indenture was solemnized, and no declaration has been yet made by me the said R. R. concerning the disposing of the said 500 l. or any part thereof. Now this present Writing witnesseth and declareth, that the intent and meaning of me the said R. R. concerning the said 500 l. when it shall become due and be paid, is as followeth, that is to say, If my said Husband J. R. be then living, and will become bound for himself his Heirs, Executors and Administrators by three several Obligations of 200 l. apiece unto them the said R. C. A. B. C. D. and E. F. or the Survivor or Survivors of any of them, or the Executors or Administrators of such Survivor or Survivors respectively and severally conditioned for the payment unto them of three several equal parts of the said 500 l. at the three such several and respective times or days, as my three Children by my former Husband shall attain to the Ages next hereafter mentioned (that is to say) C. A. unto the age of twenty years, and B. and C. A. shall attain or come their several ages of twenty one years, That then the said R. C. A. B. [Page 179]C. D. and E. F. and the Survivor and Survivors of them shall upon such Obligations entred into as aforesaid, quietly suffer him the said J. R. to keep in his hands the said 500 l. and every part thereof, until such several days and times, as the same shall be payable by the several Conditions of the said Obligations so to be entred into by him as afore said, without paying any Interest or consideration for the same; and the said 500 l. so payable by the said Obligations or Conditions of them and by me dispensed withall as aforesaid, otherwise sooner payble by the said Indenture, if my said Husband shall die, viz. within one year after his death (in which case of the death of my Husband I do give no manner of dispensation for the payment thereof) I do hereby also concerning the same express, declare and appoint, if I shall not otherwise hereafter peclare and appoint (that is to say) that the said 500 l. and the whole proceed thereof not disposed of, as aforesaid, shall be to and for the use of my said three Children, to be had and received by them severally, when they shall have attained to their several Ages above-mentioned by such third parts, as aforesaid. Provided always, and my meaning and intent is, That if any of my said Children shall happen to die before they have attained to the Age above-mentioned, then I do appoint that such third part of the said Five hundred pounds as was to have been paid to such Child at the Age aforesaid, shall be paid and divided equally between the Survivors; and if one only happen to survive, then the two third parts allotted for the deceased, to be paid to the Survivor. And if all my said Children shall happen to die, not having attained to their several Ages above-said, then my last Will and meaning is, That the said Five hundred pounds shall come and be paid to my Loving Husband aforesaid, his Executors, Administrators [Page 180]and Assigns if I shall not otherwise hereafter dispose of the same, according to the power and authority to me reserved in and by the said recited Indenture.
In witness, &c.
A Bargain and Sale of Under-wood.
THis Indenture, made &c. Between J. F. of &c. and R. C. of, &c. Witnesseth, That the said J.F. for and in Consideration of the Sum of 100 l. of lawful Mony of England wherewith he the said J.F. doth acknowledge himself to be fully satisfied and paid, and thereof doth hereby acquit and discharge the said R. C. his Executors, Administrators and Assigns, Hath bargained and sold, and by these presents doth bargain and sell unto the said R.C. all and singular Woods and Underwoods, growing and being within the Wood called Broyl Wood and the Hedges of the same, containing by estimation One hundred Acres, be it more or less, lying and being in the Parish of St. Peters the Great, in the County of Sussex, and also all Lops and Shreds of all such Trees being within the said Wood, called Broyle Wood, as have been usually lopped at the felling of the Underwood growing within the said Wood; Except and always out of this present Sale reserved unto the said J. F. his Heirs and Assigns, the Bodies and Trunks of all manner of Trees whatsoever (other than Underwood, the Lops and Shreds of such Trees as have been usually lopped) growing or being in or upon the same Wood, or any parcel thereof; To have and to hold the said Underwoods, Lops and Shreds, before by these presents bargained and sold, (Except before excepted) unto the said R. C. his Executors, Administrators and Assigns, to his and their own proper use and behoof for ever. And the said [Page 181] J. F. doth convenant, promise and agree to and with the said R. C. his Executors, Administrators and Assigns, that it shall and may be lawful to and for him, them or any of them, peaceably and quietly to have, hold, take and enjoy the said Underwoods, and to enter into the said Wood, and every part thereof, there to fell, hew and cut down all and singular the said Woods, Underwoods and Hedge-rows at seasonable times in the year, from the day of the date hereof, until the, &c. and the same so fell'd, hew'd and cut down, with his and their, or any of their Carts and Carriages, to carry and convey from thence, to any other place or places, at his and their liberty and pleasure at all times, during the space of three years, by all convenient ways thereto now used and accustomed, without any let or hindrance, of or from him the said J. F. his Executors, Administrators or Assigns. And the said R. C. for himself, his Executors and Assigns, doth covenant agree to and with the said J. F. his Executors Administrators and Assigns, That he the said R. C. his Executors and Assigns, shall and will at every felling which he or they shall make of the said Woods, Underwoods and Trees, leave standing and growing in and upon the premisses, so many competent and sufficient Standards, Staddels and Stories, as by the Statute is and ought to be left; and also shall and will at his and their own proper costs and charges make good all the Hedges and Fences about the young Sprigs of the said Wood, for the safe keeping thereof from the hurt and spoil of Beasts and Cattle, according to the custom of the Country there.
In witness, &c.
A Devise of Lands for Life with a Remainder in Tail, And also a Bequest of a Term for years, with a Trust to assign to an Infant.
IN the Name of God, Amen, I W. B. of the Parish of St. Bartholemew near the City of Chichester in the County of Sussex, Yeoman, do make and declare this my last Will and Testament in manner and form following, that is to say, First, I bequeath my Soul into the Hands of Almighty God, believing Remission of Sins and Everlasting Life by the Merits, Death and Passion of Jesus Christ my Lord and only Saviour. Item, I give and devise unto my Son J. B. all that my Freehold Land lying in a Field called Scutteriefield, near the said City, to hold unto the said J. for Term of his Life, and after his decease to A. Daughter of the said J. and the Heirs of the said A. for ever. Item, I give and devise unto the said J. B. all other my Freeholds, Lands and Tenements whatsoever, To hold unto the said J. for Term of his Life, and after his decease to J. B. my Grandfor, and the Heirs of the said J. my Grandson for ever. Item, I give and bequeath unto the said J. B. my Son, all that my Land (lying in the said Scutteriefield) which I hold by Lease of the Dean and Chapter of Chichester, together with the said Lease, and all my Estate and Term therein upon this Trust and Confidence, that with the Rents and Profits thereof my said Son shall from time to time every 7 years during his Life, renew the said Lease; and the residue of the said Profits shall have and take to his own use; And that after his decease the said A. his Daughter, shall have and enjoy the said Lands and the Lease thereof; And that the Executors or Administrators of the said J. my Son, immediately after the death of my said Son shall assign over the said Land, [Page 183]holden of the said Dean and Chapter; And all their Term therein unto the said A. her Executors, Administrators and Assigns. Item, I give and bequeath unto E. and M. Daughters of the said J. my Son, Twenty Pounds a piece. Item, I give and bequeath unto J. my now Wife, sufficient Meat, Drink, Washing and Lodging to be provided and allowed to her by my Executors, for the space of half a year next after my decease, or in lieu thereof Five Pounds in Mony at the Election of my said Wife. Item, I nominate and appoint the said J. my Son, to be Executor of this my Will, to whom I give all the rest of my Goods and Chattels, after my Debts, Funeral Expences and other Legacies first paid and discharged.
In witness whereof I have hereunto set my Hand and Seal the 26th of March, in the year of our Lord 1677.
Signed, sealed and published in the presence of [...]
A Protection by a Member of Parliament.
FOrasmuch as I have special occasion to imploy the Bearer hereof R.C. my Servant in and about my Business and Occasions during this present Session of Parliament. These are therefore to will and require you to forbear to arrest, attach or imprison him the said R. C. but to permit and suffer him peaceably and quietly to go about his Business at his will and pleasure during this present Session, without any Suit, Arrest or disturbance, as you will answer the contrary at your peril.
Given under my Hand and Seal, &c.
A Revocation of a Protection.
WHereas I F. J. have granted a Protection under my Hand and Seal unto R. C. bearing date on or about the, &c. last past, to endure for the time of this present Parliament. Now these presents witness That for divers good Causes and Considerations me moving, I do hereby revoke, annul and make void the said Protection to all intents and purposes whatsoever, so as the said R. C. shall not from henceforth have any benefit, priviledge or advantage thereby, but be therefrom utterly debarred and excluded for ever by these presents.
In witness, &c.
A short single Bill for payment of Mony.
KKow all Men by these Presents, That I R. C. of, &c. do own unto J. F. of, &c. 10 l. of lawful Mony of England, to be paid unto the said J. F. his Executors, Administrators or Assigns, on the 10th day of March next ensuing the date hereof: To which payment well and truly to make I bind my self my Heirs and Executors, firmly, by these Presents.
In witness whereof, &c.
Joynture before Marriage, and Settlement of several parcels to several uses, with provision for Daughters and younger Sons, and that the Tenants for Life may make Leases for 21 years at rack Rent.
THis Indenture Quinquipartite, made the, &c. Between Sir M. G. of T. in the County of S. Baronet, and Dame A. his Wife, of the first part; E. T. of R. in the County of S. Esq; J. D. of L. in the said County Esq; of the second part; Sir J. M. [Page 185]of the Parish of, &c. in the County of M. Knight, one of His Majesty's Serjeants at the Law, of the third part; E. G. Esq; Son and Heir apparent of the said Sir M. G. and M. M. the youngest Daughter of the said Sir J. M. of the fourth part; and J. M. of G. in the County of M. Esq; and D. C. of W. in the County of G. Esq; on the fifth part. Whereas a Marriage by God's Grace is intended to be had and solemnized between the said E. G. and M. M. and thereupon the said Sir J. M. hath agreed to pay unto the said Sir M. G. the sum of 5000 l. as the Marriage Portion of the said M. M. to the sole use and behoof of the said Sir M. G. Now this Indenture Witnesseth, That the said Sir M. G. for and in Consideration of the said Marriage and Portion of 5000 l. as also for a Settlement to be made of the Mannors, Lands and Tenements, herein after mentioned, upon the said E. G. and M. M. for their maintenance, and for the Jointure of the said M. M. in case the said Marriage shall take effect, and she shall survive and over-live the said Sir E. G. as also for a Settlement to be made of the Mannors, Lands, Tenements and Hereditaments hereafter mentioned, and for other good Causes and Considerations him the said Sir M. G. thereunto specially moving, Hath granted, bargained, sold, remised, released and confirmed, and by these presents doth grant, bargain, sell, remise, release and confirm unto the said E. T. and J. D. and their Heirs, all that the Mannor of W. in the County of K. with all Rents, Perquisites, Profits and Casualties whatsoever to the same belonging: As also the Rectory of W. aforesaid, and Advowson of the said Parish Church of W. with all Tithes, Profits and Emoluments to the said Rectory belonging and appeartaining: And also all Messuages, Lands, Meadows, Pastures, Woodlands, Tenements and Hereditaments [Page 186]whatsoever of him the said Sir M. G. situate, lying and being in the said Parish of W. being in the several tenures and occupations of E. W. J. M. J. P. J. S. T. K. E. C. R. W. T. W. and T. C. or their Assigns: And also all that the Mannor of L. in the County of S. with all Rents, Perquisites, Profits and Casualties whatsoever, to the same belonging and appertaining: As also the Advowson of the said Parish Church of L. and also the Mansion-house called N. and the Park called L. Park, together with all Messuages, Lands, Meadows, Pastures, Woodlands, Tenements and Hereditaments whatsoever of him the said Sir M. G. situate, lying and being in the said Parish of L. being in the several tenures and occupations of D. B. M. J. G. Gent. E. G. Gent. W. T. J. L. J. L. T. M. T. H. M. M. C. L. the said M. G. and T. W. And also all that the Mannor of T. in the County of S. with all the Rents, Perquisites, Profits and Casualties whatsoever to the Mannor belonging and appertaining: As also the Advowson of the Parish Church of T. and also the Chief Mansionhouse and Seat there to the said Mannor of T. belonging, together with all Messuages, Tenements, Lands, Meadows, Pastures, Woodlands and Hereditaments whatsoever of him the said Sir M. G. situate, lying and being in the said Parish of T. being in the several tenures and occupations of A. G. Widow, J. G. Widow. E. D. T. H. H. M. W. J. B. T. A. T. W. R. W. Jun. J. G. J. M. J. M. and C. L. And also the reversion and reversions, remainder and remainders of the said hereby granted Mannors, Rectories, Advowsons, Messuages, Tenements, Lands, Hereditaments and Premisses aforesaid, with the Appurtenances: Which said Mannors, Rectories, Advowsons, Messuages, Tenements, Lands, Hereditaments and Premisses, with [Page 187]the Appurtenances, were by Indenture bearing date before the date of these presents, bargained and sold by him the said Sir M. G. unto the said E. T. and J. D. for the time and term of one year, to commence and begin from the last day of, &c. last past, before the date hereof, under the Rent of one Pepper-corn, payable unto the said Sir M. G. his Heirs and Assigns, in or upon the Feast of S. Michael the Archangel next ensuing the date hereof, if the same shall be lawfully demanded, as by the said recited Indenture of Bargain and Sale, relation being thereunto had, it doth and may more at large appear, that so by virtue thereof, and of the Statute for transferring of Uses into possession, they the said E. T. and J. D. might be legally possessed of the Premisses, and thereby enabled to take a Grant and Release of the Inheritance, and of all and singular the Premisses, unto them the said E. T. and A. D. and their Heirs, To have and to hold all and singular the said Mannors, Rectories, Advowsons, Messuages, Tenements, Lands, Hereditaments and Premisses, with all and singular the Appurtenances, unto them the said E. T. and J. D. and their Heirs, To and for the uses, intents and purposes herein after limited, expressed and declared, under the provisions, trusts, limitations and agreements hereafter mentioned, and to and for no other use, intent or purpose whatsoever; (That is to say) As for and concerning the said Mannor of W. with all Rents, Perquisites and Profits to the same belonging; as also the Rectory of W. and Advowson of the said Parish Church of W. with all Tithes, Profits and Emoluments to the said Rectory belonging: And also all Messuages, Lands, Tenements and Premisses aforesaid in the said Parish of W. And also as for and concerning all that the Mansion-house, called N. with the Barns, Stables, Out-houses, Orchards, Gardens [Page 188]and Yards thereunto belonging in the said Parish of L. which are now in the possession of the said Sir M. G. being of the yearly value of 24 l. and also the several Farms and Lands, lying and being in the said Parish of L. hereafter following, (videlicet) One Farm and Lands of the yearly Rent or value of 24 l. being now in the tenure or occupation of M. M. or his Assigns; one other Farm and Lands being of the yearly Rent or value of 25 l. 6 s. being now in the tenure of J. G. Gent. or his Assigns; one other Farm and Lands of the yearly Rent or value of 31 l. being now in the tenure of J. H. or his Assigns; one other Farm and Lands of the yearly Rent or value of 50 l. being now in the tenure of C. L. or his Assigns; one other Farm or Lands of the yearly Rent or value of 6 l. being now in the tenure of T. H. or his Assigns; one other Farm and Lands of the yearly Rent or value of 18 l. being now in the tenure of T. W. or his Assigns; and one other Farm and Lands, being parcel of certain Lands, called the C. Lands of the yearly Rent or value of 16 l. being now in the tenure of T. R. or his Assigns, To the use of the said Sir M. G. and his Heirs, until the said Marriage shall take effect; and after the said Marriage shall take effect, then to the use of the said E. G. for and during the term of 99 years, if he shall so long live, without impeachment of Waste. And after the end or determination of the said term of 99 years, then to the use of the said J. M. and D. C. and their Heirs, for and during the Natural life of the said E. G. and no longer, upon trust to preserve the contingent Uses herein after limited and expressed: And to that end and purpose, to make Entries, or bring Actions or otherwise, as there shall be occasion; and after the decease of the said E. G, to the use of the said M. M. for her life for her Joynture, in full satisfaction of her [Page 189]Dower and Thirds; and after the decease of the said E. G. and M. M. to the use of the first Son of the said E. G. on the Body of the said M. M. lawfully to be begotten, and to the Heirs males of the Body of such first Son to be begotten; and for want of such Issue to the use of the second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, and every other Sons of the said E. G. on the, Body of the said M. M. lawfully to be begotten and of the Heirs males of the Bodies of such second, third, fourth, fifth, sixth, seventh, eighth, ninth and tenth, and every other the said Sons of the said E. G. severally and respectively, successively one after another, according to their Priority in Birth and Seniority in years, the elder Son and the Heirs males of his Body, being always to be preferred, and to take before the younger Son and the Heirs males of his Body. And for wantof such Issue Male of all and every the said Sons of the said E. G. to the use of the said E. T. J. D. J. M. and D. C. their Executors, Administrators and Assigns, for and during the term of 500 l. years from thence next ensuing, fully to be compleat and ended, without impeachment of waste, upon and under the trust and agreements hereafter mentioned and expressed; and after the determination of the said Lease for 500 years, then to the use of the said Sir M. G. and his Heirs for ever. And as for and concerning the Mannor of T. and Advowson of the said Parish Church of T. with all the Lands, Tenements, Hereditaments and Premisses of him the said Sir M. G. within the said Parish of T. to the use of him the said Sir M. G. and his Heirs, until the said Marriage shall take effect; and after the said Marriage shall take effect, then to the use of the said Sir M. G. for his Life, without impeachment of or for any manner of waste; and after his decease to the use of Dame [Page 190] A. his Wife for her life, for her Joynture, and in recompence and full satisfaction of her Dower and Thirds; and after the deceases of the said Sir M. G. and Dame A. his Wife; Then to the use of the said E. G. for and during the term of 99 years, if he shall so long live, without impeachment of waste; and after the end or other determination of the said term of 99 years, then to the use of the said J. M. and D. C. and of their Heirs, for and during the Natural lives of the said E. G. and Sir M. G. and for and during the Natural life of the survivor of them and no longer, upon Trust to preserve the contingent Uses herein after limitted and expressed, by Entry, or Action, or otherwise, as there shall be occasion: And after the decease of the said E. G. then to the use of the first Son of the said E. G. on the Body of the said M. M. lawfully to be begotten, and of the Heirs males of the Body of such first Son to be begotten: And for want of such Issue, then to the use of the second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, and every other of the Sons of the said E. G. on the Body of the said M. M. lawfully to be begotten, and of the respective Heirs males of the Body of such Sons to be begotten, severally, respectively and successively one after another, according to their priority in birth and seniority in years, the elder of such Sons and the Heirs males of his Body being always to be preferred and to take before the younger Son and the Heirs males of his Body; and for want of such Issue, to the use of the right Heirs of the said Sir M. G. for ever. And as for and concerning the Mannor of L. and the Park of L. with all the Profits, Casualties and Perquisites thereof, and Advowson of the said Parish Church of L. in the County of S. with all the rest of the Lands of him the said Sir M. G. within the said Parish of L. whereof no use is [Page 191]herein before limited to the use of him the said Sir M. G. and his Heirs, until the said Marriage shall take effect; and after the said Marriage shall take effect, then to the use of the said E. G. for and during the term of 99 years, if he shall so long live, without impeachment of Wast: And after the end, or other determination of the said term of 99 years, then to the use of the said J. M. and D. C. and of their Heirs, for and during the Natural lives of the said E. G. and Sir M. G. and the Survivor of them, and no longer, upon Trust, to preserve the contingent Uses herein after limited and expressed, by Entry or Action, or otherwise, as there shall be occasion: And after the decease of the said E. G. then to the use of the first Son of the said E. G. on the Body of the said M. M. lawfully to be begotten, and of the Heirs males of the Body of such first Son to be begotten; and for want of such Issue, to the use of the second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, and every other of the Sons of the said E. G. on the Body of the said M. M. lawfully to be begotten, and of the several and respective Heirs males of the Bodies of such Sons to be begotten successively one after another, according to their priority in birth and seniority in years, the elder Son, and the Heirs males of his Body to be begotten being always to be preferred and take before the younger Son and the Heirs males of his Body; and for want of such Issue, to the use of the right Heirs of the said Sir M. G. for ever. Provided always nevertheless, and upon this special trust and confidence that they the said E. T. J. D. J. M. and D. C. shall and will out of the Rents, Issues and Profits of the said Lands and Premisses, so limited and setled to and upon them the said E. T. J. D. J. M. and D. C. for Five hundred years as aforesaid or by sale of some part thereof to raise the Sum, [Page 192]of 5000 l. for a Portion or Portions of such Daughter or Daughters between the said E. G. and M. M. to be begotten, in manner hereafter expressed; (That is to say) If there shall be but one Daughter begotten by the said E. G. on the Body of the said M. M. then the said Portion of 5000 l. shall be satisfied and paid unto such Daughter at her Age of 21 years or day of Marriage of such Daughter, which shall first happen. And if there shall be two or more Daughters of the Body of the said E. G. and M. M. then the said 5000 l. shall be equally divided between the said Daughters, and shall be paid unto them at their several and respective Ages of 21 years or days of Marriage respectively, which shall first happen; and in case any such Daughter shall happen to dye before her said Age of 21 years or day of Marriage; that then the share, portion and part of the said 5000 l. so belonging and appointed unto such Daughter so dying, as aforesaid, shall go unto and be equally divided amongst the surviving Daughters of the said E. G. and M. M. And after the said 5000 l. shall be so raised for the Portion or Portions of such Daughter or Daughters of them the said E. G. and M. M. as aforesaid, out of the Rents, Issues and Profits of the Premisses, or by sale of some part of the Premisses; Then upon this further trust and confidence, that the Estate and Interest granted unto the said E. T. J. D. J. M. and D. C. and of and in the said Lands and Premisses for 500 years, as aforesaid, shall as to such of the said Lands, Tenements and Premisses as shall not be sold, aliened or disposed of, and for the raising of the Portion or Portions according to the Trust aforesaid, shall after the said E. T. J. D. J. M. and D. C. shall be satisfied, paid and discharged such Charges as they the said E. T. J. D. J. M. and D. C. their Executors, Administrators or Assigns shall be put unto [Page 193]or sustain in the execution of the said Trust, shall remain and be unto such person or persons unto whom the next remainder expectant upon the said Lease of 500 years shall belong or appertain; any thing in these presents contained to the contrary notwithstanding. And also, Provided always nevertheless, And it is hereby further declared to be the true intent and meaning of these Presents, That the said E. G. during his Natural life, shall and may by and with the joynt Consents of the said Sir J. M. and Sir M. G. signified and declared in Writing under their Hands and Seals, or the said Sir J. M. and Sir M. G. jointly, or the said Sir M. G. after the death of the said Sir J. M. in case he shall survive and out-live the said J. M. by and with the consent of the said E. G. shall and may with or without the consent of the said E. G. during the joynt Lives of them the said Sir J. M. and Sir M. G. have liberty and power to sell some or any part of the said Lands, Tenements and Premisses so limited unto him the said E. G. as aforesaid, for the raising and making of Portions for the younger Sons of the said E. G. as they shall think fit, so as during the lives of the said Dame A. and M. M. respectively, no charge, alteration or diminution shall be thereby either made or put upon either of the Estates or Joyntures limited to them as aforesaid respectively, without the respective consent of them the said Dame A. and M. M. respectively first had and obtained; but that the Reversion of any of the Lands and Premisses Respectively limited to them for their Jointures, as aforesaid, shall and may after the decease of them the said Dame A. and M. M. respectively by and with the joint consent of the said Sir J. M. and Sir M. G. be also liable and subject to, and for the raising of Portions for the younger Sons as aforesaid; And that [Page 194]in case such sale shall be made of some or any part of the said Lands and Premisses in manner as aforesaid, for the raising of Portions for the younger Sons of the said E. G. according to the true intent and meaning of these presents, That then the said E. T. and J. D. and their Heirs shall stand and be seised, and so shall be adjudged and deemed, and are hereby expressed and declared to stand and be seised of, and in such Lands, Tenements and Hereditaments, so to be bargained and sold for the raising of Portions for the younger Sons of the said E. G. in manner as aforesaid, to the only use and behoof of such person or persons, and their Heirs that shall so purchase such Lands, Tenements or Hereditaments, that shall be sold for the raising of Portions for the younger Sons, according to the true intent and meaning of these presents as aforesaid, any thing before in these presents contained to the contrary thereof in any wise notwithstanding: And also provided always nevertheless, And it is hereby agreed, expressed and declared by and between all the said Parties to these presents, that the said Sir M. G. during his natural life, and after his decease the said Dame A. during her natural life, And also the said E. G. during his natural life, and after his decease the said M. M. his intended Wife during her natural life, shall and may make Leases in Possession of all or any the Lands, Tenements and Premisses to them severally and respectively limited as foresaid, for any Term not exceeding 21 years, and reserving the utmost Rent that can be got for the same, with usual Covenants, Provisions and Conditions in such Leases to be contained. And it is expressed and declared by and between the said Sir M. G. E. G. and Sir J. M. and the said E. G. doth for himself, his Heirs, Executors and Administrators, Covenant and Grant to and with [Page 195]the said Sir J. M. his Executors and Administrators by these presents, That after the said Marriage between the said E. G. and M. M. shall take effect, he the said Sir J. M. his Executors, Administrators and Assigns, shall have and receive out of the Rents of the said Lands and Premisses so limited to them the said E. G. and M. M. as aforesaid 100 l. per annum, in trust for the separate use and maintenance of her the said M. M. to be disposed of, solely to her the said M. M. during the life of the said E. G. at her own sole will and pleasure without any consent, direction or intermedling of the said E. G. which said Sum of 100 l. per annum, the said Sir J. M. doth hereby for himself, his Executors and Administrators, covenant and agree to and with the said Sir M. G. and E. G. and either of them, their and either of their Executors and Administrators accordingly to pay unto the said M. M. or her Assigns yearly from time to time; And the said Sir M. G. doth for himself, his Heirs Executors and Administrators, Covenant and Grant to and with the said Sir J. M. and his Heirs by these presents, That the aforesaid Mannor and Rectory of W. and the Messuages, Tenements, Lands and Premisses in W. and L. aforesaid, so setled upon the said E. G. and M. M. for the respective Estate aforesaid, are now bone fide of the yearly value and Rent of 700 l. charge; Nevertheless subject to the several yearly Rents, or yearly payments hereafter mentioned, (That is to say,) the Sum or yearly Rent of 40 l. per annum, to J. G. Gent. for his Life, and to M. G. J. G. E. G. L. G. S. G. the several yearly Sums of 10 l. apeice for their several and respective Lives, in all amounting to the yearly Sum of 100 l. And that the said Mannor and Rectory of W. and the Messuages, Tenements, Lands and Premisses in W. aforesaid, so setled upon the said E. G. and M. M. as aforesaid, [Page 196]shall during the life of the said M. M. continue to the said M. M. in case the said Marriage shall take effect, and she shall survive the said E. G. of the said yearly Rent or value of 700 l. she the said M. letting and demising the same without taking any Fines, Charged nevertheless with the said several Annuities or Payments amounting in all to 100 l. per annum as aforesaid, and no more, And also that the rest of the Mannors, Lands, Tenements, Hereditaments mentioned and limited to the said E. G. in manner as aforesaid, are altogether now bona fide of the yearly value of 800 l. And it is hereby agreed, expressed and declared, by and between the said Sir M. G. and Dame A. his wife, and the said E. G. and M. M. and their Heirs, that the benefit and advantage by the cessation and determination of the said several and respective Annuities or yearly payment aforesaid, or any of them shall be and shall accrue to the said E. G. and M. M. and to no other, And the said Sir M. G. doth further for himself, his Heirs, Executors and Administrators, Covenant and Grant to and with the said Sir J. M. and his Heirs, That the aforesaid Mannors, Rectory, Advowsons, Messuages, Lands, Tenements, Hereditaments and Premisses, with the Appurtenances now are and so shall forever hereafter remain, continue and be to the uses aforesaid, free and clear, and freely and clearly acquitted and discharged, or otherwise well and sufficiently saved and kept harmless by him the said Sir M. G. and his Heirs, of and from all former and other Gifts, Grants, Bargains, Sales, Mortgages, Leases, Jointures, Dowers, Estates, Statutes-Merchant, and of the Staple, Recognizances, Judgments, Executions, Extents, Rents-Charge, Rents Seck and all Arrearages of Rent, and of and from all other Titles, Troubles Charges, and Incumbrances whatsoever, had, made, committed [Page 197]suffered or done by him the said Sir M. G. or by any other person whatsoever, lawfully claiming or to claim, by from or under the said M. M. (the aforesaid Annuities or yearly payments herein before expressed, and the Quit-rents yearly due for the Premisses, and also the Leases made of the Premisses to these present Tenants, for and under several yearly Rents, Covenants, Conditions and Agreements, respectively, in the Schedule unto these presents annexed, contained only excepted and foreprised;) And also that he the said Sir M. G. and Dame A. his Wife, and the Heirs of the said Sir M. G. shall and will in his Majesty's Court of Common Pleas at Westminster, at or before the end of Trinity Term next ensuing the date hereof upon request, but at the Costs and Charges of the said Sir N. G. and his Heirs, levy and acknowledge in due form of Law unto the said E. T. and J. D. and the Heirs of the said E. T. several Fines, Sur Conusance de droit come ceo que ils de lour Done, of all and singular the aforesaid Mannors, Rectories, Advowsons, Messuages, Lands, Tenements, Hereditaments and Premises, with the Appurtenances, by such names, descriptions, contents, qualities and numbers of Acres as by the said Sir J, M. and his Heirs shall be thought fit and advised, the which said Fines so to be had and levied, and all, and every other Fine and Fines to be had and levied between the said Parties, shall be, and shall enure, and shall be construed, deemed, judged, to and for ever to the only uses, intents and purposes, and under the provisoes, trusts, conditions and agreements before in these presents expressed and declared, and to or for no other use or uses, intents and purposes whatsoever; and it is likewise hereby further declared, and the said E. G. doth for himself, his Heirs, Executors and Administrators, covenant and grant to and with the said Sir [Page 198] M. G. and his Assigns by these presents, That it shall and may be lawful for the said Sir M. G. and his Assigns, during the life of the said Sir M. yearly and every year or oftner if he or they shall think fit, to keep his Court for the said Mannor of L. at the aforesaid Mansion-house called N. H. situate and being in L. aforesaid, As it hath been formerly used and accustomed, without the lett, hindrance, trouble, contradiction of himself the said E. G. and M. M. his intended Wife, or the Heirs or Assigns of the said E. G. or of any other person or persons whatsoever, lawfully claiming or to claim, by, from or under him the said E.G. or by his means, assent, consent, privity or procurement; The said Sir M. G. and his Assigns, bearing all the Charges and Expences as to Entertainments, and Provisions of Victuals to be expended at such Courts.
In witness, &c.
A Licence to let Lands tho' prohibited by Lease.
WHereas my Tenant R. C. holdeth of me one Messuage, &c. with the Appurtenances for the Term of twenty one years by an Indenture of Lease bearing date, &c. wherein he the said R. C. has covenanted with me, not to set or let out any part or parcel of the Premisses so demised, without my special License and Consent thereunto to be given in Writing, as by the said Lease it doth more at large appear, Now be it known that I F. J. do by these presents License and allow the said R. C. to let or demise three Acres of Pasture, being part of the above-mentioned to be demised premisses, for the Term of three years, Provided that he the said R. C. do well and truly pay and perform the Rents and Covenants contained in the above recited Indenture of Lease, which are and ought to be paid and performed by the said R. C. [Page 199]his Executors, Administrators or Assigns.
In witness, &c.
A License to Hawk, Hunt and Fish.
Know ye that I the said J. F. for divers good Causes and Considerations me hereunto moving, have given and granted, and by these presents do give and grant unto R. C. and his Assigns, full, free and absolute power, License and Authority to Hawk, Hunt, Fish and Fowl from time to time, and at all times hereafter, at the will and pleasure of him the said R. C. and his Assigns, for and during the natural life of me the said J. F. in, upon and within my several Mannors or Lordships of A. B. and C. and in and upon all the Land and Ground thereof, in as large and ample manner and form, as I my self might or could do, without any manner of let, denial or contradiction of me the said J. F. or of any other person or persons whatsoever, in by or through my consent, act or procurement; And I the said J. F. do covenant, promise, grant and agree, to and with the said R. C. and his Assigns by these presents, that it shall and may be lawful to and for the said R. C. and his Assigns at all times hereafter, during my natural life as occasion is offered, to have and take as well all and every the the Nets, and other Engins and Instruments of what kind soever, as also all the Dogs and Spaniels of all and any person or persons that shall at any time hereafter Hawk, Hunt, Fish or Fowl within, or upon the said Lordships or Mannors of A. B. and C. aforesaid, or within, or upon any part or parcel thereof, without the License and consent of the said R. C. thereunto first had and obtained.
In witness, &c.
A Letter of License from Creditors to a Debtor.
Whereas R. C. of, &c. standeth and is indebted unto us the said J. F. and F. J. severally in divers great Sums of Mony, as by several Obligations and Writings under his Hand and Seal unto us severally made, and otherwise doth and may appear; Now know ye that we the said J. F. and F. J. for divers goods Causes and Considerations us hereunto moving, Have given and granted, and by these persents do give and grant full License and Liberty unto the said R. C. quietly and freely to go about, attend and negotiate as well his own private affairs, as also all other matters or business which he hath or may have to do, for any other person or persons whatsoever, from the day of the date hereof, for and during the Term of six Months, without any let, hinderance or interruption to him his Goods or Chattels from or by us the said J. F. and F. J. or by, or from our or any of our Executors, Administrators or Assigns, within the time hereby given: And further, we the said J. F. and F. J. do covenant and agree for our selves, our, &c. that if he the said R. C. shall during the said space of six Months, be molested or troubled in his Body, Goods or Chattels by us, or either of us, our or either, or any of our, &c. contrary to the true intent of these presents, That from thenceforth the said R. C. his, &c. shall be and remain clearly discharged from the Debt or Debts owing to such of us as shall so molest or sue, or whose Executors or Assigns shall so molest or sue the said R. C. in his Person, Goods or Chattels.
In witness, &c.
An Agreement or Letter of Composition for Debts.
Whereas the said R. C. and C. R. are and do stand jointly in debted, and do owe unto us the said Creditors divers Sums of Mony which they are willing to satisfie and pay as far as they are able; Neverthetheless we the said Creditors, who have hereunto sealed and subscribed finding they the said R. C. and C. R. are by losses and otherwise disabled to pay our full Debts, do severally and respectively agree, and bind our selves our Heirs, &c. to the said R. C. and C. R. by these presents, to accept and take of them the said R. and C. their, &c. after the Rate of 10 s. in the pound in full satisfaction of all such Debts and Sums of Mony, as they do jointly owe unto us, and every of us respectively, the same to be paid at four equal payments, The first payment, &c. (recite the days) so as the said R. and C. for the more sure and better payment of the several Sums aforesaid, in recompence and satisfaction of our and every of our said several Debts, after the Rate of 10 s. in the pound as aforesaid, their Executors or Administrators do before the, &c. become jointly and severally bound with sufficient Sureties unto us, and every of us respectively, by Obligations with double penalties in due form of Law, to be made sealed and delivered unto us, and either of us, or to our and either of our uses, by the appointment of us and either of us, provided always that neither these presents, nor any thing herein contained shall bind us or either of us, who have hereunto sealed and subscribed, until all and every of the Creditors before mentioned, shall have Sealed [Page 202]and subscribed the same, or before the, &c. next ensuing.
In witnss, &c.
A Letter of License from Creditors to an Administratrix, and Conposition made.
THis Indenture made, &c. Between J. F. F. J. and R. C. Creditors of C. R. late, &c. of the one part, and R. R. Widow of the other part, Whereas the said C. R. at and before the time of his decease was indebted unto the said Creditors, in divers and several Sums of Mony, All which they the said Creditors have hitherto patiently forborn; And whereas the said R. R. hath since her said Husbands death, perused and examined the Estate of her Husband, And finding through divers losses and hindrances, whereby the Estate of her said Husband has been impaired and lessened, that the same is far short of giving the said Creditors a full satisfaction of their just Debts, hath hitherto forborn to take forth Letters of Administration of the Goods, Chattels and Estate of her said Husband, as to her properly did belong, according to the form and due course of the Laws of this Realm: And the said R. R. having called the Creditors together, and acquainted them with the Premisses, and with the weakness of her said Husbands Estate, They the said Creditors by and with one assent and consent, were and are willing, contented and pleased to accept of Ten shillings in the pound for their said Debts, upon Security of the said R. R. and to be paid at such days and times, and in such manner and form as hereafter is limited, expressed and declared: And thereupon have given, and do by these presents give their full leave, consents and approbations, that she the said R. R. shall and may have and take out in her own name Letters of [Page 203]Administration of the Goods, Chattels and personal state of her said deceased Husband, without any interruption or disturbance from them or either of them. Now this Indenture witnesseth, that they the said Creditors before named, do for themselves severally and respectively; That is to say, every of them for himself, his Executors and Administrators, and not jointly nor one of them for the other, covenant, promise and grant, to and with the said R. R. her Executors, Administrators and Assigns, That if the said R. R. her Exocutors or Administrators, do or shall, on or before the, &c. next ensuing the date of these presents, become bound in several Obligations, good and sufficient in the Law, in several reasonable penalties, unto the said several Creditors, before named, severally to be conditioned for the payment unto them, the said Creditors, their several Executors, Administrators or Assigns, of the Sum of 10 s. of lawful Mony of England, for every pound, or 20 s. of their due and principal Debts by the said C. R. owing respectively as aforesaid, not accompting any interest for the same or any part thereof; That is to say, on the, &c. And shall and will also at the costs and charges of the said R. R. her Executors or Administrators, severally Seal, and as their several Acts and Deeds deliver unto, or for the use of the said R. R. several acquittances or discharges in Writing, sufficient in Law, thereby acquitting and releasing, as well the said C. R. his Executors, Administrators and Assigns, as also the said R. R. her Executors and Administrators of all Debts, Bonds, Bills, Claims and Demands whatsoever, from the beginning of the world until the day of the date of these presents; and the said Creditors severally and respectively every one, by and for himself, his Executors and Administrators, and not jointly nor the one for the [Page 204]other, do covenant and grant, to and with the said R. R. her Executors and Administrators, and every of them by these presents, That if either the said R. R. her Executors or Administrators, or her, or their Goods or Chattels, or the Goods and Chattels of her late Husbands, or any of them shall at any time or times hereafter, until or before the said day of, &c. be arrested, attached, molested or troubled by the above named Creditor or any of them, or by any other person or persons, by their or any of their means or procurement, or in their or any of their right or rights, for or by reason of any debt or debts, so to them or any of them owing by the said C. R. at the time of his decease, That then and from thenceforth, she the said R. R. her Executors and Administrators, shall be acquitted, released and discharged against him or them, by whom she the said R. R. her Executors or Administrators, her, their or any of their Goods or Chattels, shall be so arrested, attached, molested or troubled of, and from all debts, actions, claims and demands whatsoever, from the beginning of the World until the day of the date of these presents, and that these presents to be pleaded, shall be a sufficient discharge in that behalf against him or them of the said Creditors, his or their Executors or Administrators, by whom or by whose means or procurement, or in whose right she the said R. R. her Executors or Administrators her or their Goods, or Chattels, or any of them shall be so arrested, attached, molested or troubled, contrary to the true intent and meaning of these Presents. Provided always, That if all the said Creditors abovenamed, do not or shall not at or before the, &c. Sign, Seal, and as their Act and Deed deliver in due form of Law one part of these Presents unto, or to the use of the said R. R. That then these Presents and every matter and thing therein contained [Page 205]shall be void and of no effect. And the said R. R. for her life her Executors and Administrators, doth covenant and grant to and with the said Creditors and every of them, their, and every of their Executors, and Administrators, That in case all the said Creditors shall in due form of Law Sign, Seal and Execute one part of these Presents as aforesaid, unto or to the use of the said R. R. on or before the, &c. That then she the said R. R. her Executors or Administrators shall and will in due form of law make or cause to be made, and duly Seal and execute the said several Obligation, and deliver the same to or for the use of the said Creditors, upon or before the, &c.
In witness, &c.
A License to come into, and abide six Months in England.
Whereas the said R. C. is indebted to us his said Creditors severally, in divers sums of Mony, for which by reason of bad Debts and Losses as well by Sea as Land, he is unable to give unto us present satisfaction, and having desired as well by his own Letters as by mediation of his Friend here in England, to have time without our or any of our Molestations, Arrests, Suits or Interruptions, to come over and reside here in England, as well to gather in and recover the Debts to him due, as to make his true Estate known unto us, and as much as in him lieth, to give us and every of us satisfaction for the said Debts by him to us particularly owing: Unto which request and desire of the said R. C. we do hereby condescend, and are content that he shall come [Page 206]over into England, and stay or abide in London or elsewhere within the said Kingdom, in peace and quiet, and without the Arrest, Suit, Trouble or Molestation of us or any of us, for and during the space of six Months from the day of the date hereof.
In witness, &c.
A Licence for a Petty-Chapman.
To the Bailiffs, Constables and other his Majesty's Officers of the same County, and to every of them. Greeting.
KNow ye, That we R. C. and C. R. Esquires, two of his Majesty's Justices of the Peace within the County aforesaid, have licensed, and by these Presents do license A. B. of C. in the County aforesaid, Yeoman, to be a Petty Chapman to wander and go from Town to Town, Village to Village, and Place to Place to sell Pins, Points, Tapes, Laces, Knives, Gloves, Purses, &c. and such other kind of Small Wares, and also to gather and buy Cony-Skins, and such kind of Small Wares within the County aforesaid, and not elsewhere. Provided that this our Licence shall continue good only for the Term of one whole Year next ensuing the date hereof, and no longer.
In witness, &c.
A License or Pass for a Poor Man to go to his Friends.
To all Constables, Bursholders, Bailiffs and other his Majesty's Officers of the same County, and to every of them.
R C. and C. R. Esquires, two of his Majesty's Justices of the Peace for the same County, Greeting. Forasmuch as A. B. [Page 207]of E. the Bearer hereof, being reduced to great Poverty and Necessity, hath desired a Testimonial or License for his safe travel unto the City of L. in the County of M. where he saith he was born, and hath some Friends yet living, by whose means and Friendship he hopeth to be fully relieved and holpen. In consideration whereof Know ye that we the said R. C. and C. R. as far as in us lies, have licensed the said A. B. to travel the direct way from E. unto the City of L. so that his Journey be not for longer or further continuance than thirty days next after the date hereof, praying you and every of you not to molest or trouble the said Poor Man in his Travel, but to permit and suffer him to pass, so that he shew himself in no respect offensive to his Majesty's Laws.
In witness, &c.
A License to Travel by Water on the Lord's Day.
WHereas by an Act of Parliament made, &c. It was Enacted, That no person or persons shall use, imploy or travel upon the Lord's Day with any Boat, Wherry, Lighter or Barge, except it be upon extraordinary occasions, to be allowed by some Justice of Peace of the County, or some Head Officer, or some Justice of Peace of the City, Burrough or Town Corporate, where the Fact shall be committed, upon pain that every person so offending shall forfeit and lose the Sum of five shillings for every such Offence, as by the said Act, amongst other things, it doth and may appear. And forasmuch as R. C. of, &c. having extraordinary occasion to travel on the next Lord's Day to C. in the County of K. and to use and employ a Boat, Wherry or Barge in his said Journey, hath desired my allowance thereof: These are therefore in pursuance of the said Act to will and [Page 208]require all Constables, Churchwardens, Overseers of the Poor, and all other Officers whom these Presents may concern, to permit and suffer the said R. C. quietly and peaceably to perform his said Journey on the next Lord's Day, as aforesaid, and to use and employ any Boat, Wherry or Barge at his discretion, without any molestation or disturbance whatsoever at their peril.
Given under my Hand and Seal, &c.
A License to Travel on the Lord's Day.
To all Constables, &c.
THese are to certifie that R. C. of C. &c. where he now dwelleth, having informed me that he hath a Kinsman living at A. in the County of K. who lieth now very sick, and he hath a desire to see him: Know ye, That for this Cause I do license him to travel upon the next Lord's Day the direct way to his Kinsman, willing and requiring you not to molest or hinder him in his said Journey, so that he behave himself orderly in his Travel.
Given, &c.
A License for a Badger of Corn.
6 E. 6. c. 14. 13 E. 25. 5 E. 5. 31 E. 5. 21 Jac. 22. 2 Inst. 1 Quorum, not for above a year.
AT the General Sessions of the Peace, holden at C. in the County aforesaid, this present day J. W. of C. in the County aforesaid, is admitted, licensed and appointed by the Justices of the Peace of the said County, to be a Common Badger, Lader, Kedder, Carrier, Buyer, or Transporter of all manner of Corn or Grain in any Market or Fair within the Realm of England, [Page 209]and the same so bought to convert to Meal, and the same to carry to the City of L. or the Suburbs of the same, or to any other Market or Fair; so that he use the same according to the Tenour and true Meaning of the Statute in that case made and provided against Forestallers, Regraters and Ingrossers, and not otherwise. The same License to have continuance from the day of the date hereof, until the next General Sessions of the Peace after the Feast of, &c. next coming, to be holden at C. aforesaid.
- A. B.
- C. D.
- E. F.
A Deed of Exchange between a Vicar and another, for Land of the Vicaridge Glebe.
THis Indenture made, &c. Between R. D. Clerk Vicar of the Vicaridge of C. in the County of S. of the one part, and W. G. of F. in the County aforesaid, Esq; of the other part, witnesseth, That the said R. D. hath given, granted and confirmed, and by these Presents doth fully, clearly and absolutely give, gant and confirm unto the said W. G. and his Heirs for ever, in exchange all that one Close and Pasture lying in C. aforesaid, called the Great Carryers, containing by estimation two Acres, adjoining to a Field called the Inland Close, now in the occupation of T. P. on the North West, to the River on the East, and to the Brook Lands, now in the occupation of the said W G. on the South, and also all that Close of Pasture called Little Carryers, containing by estimation one Acre, lying in C. aforesaid, and adjoining to a Field [Page 210]called the Hoe, now in the occupation of the said T. P. on the West, to a Field called Clymping Mead on the South, and to the Brook Lands now in the occupation of the said W. G. on the East, To have and to hold the said two Closes of Pasture with the appurtenances, before in these Presents given granted and confirmed unto the said W. G. his Heirs and Assigns, to the only sole and proper use and behoof of the said W. G. and of his Heirs and Assigns for ever. And this Indenture further witnesseth, That the said W. G. hath given, granted and confirmed, and by these presents doth fully, clearly and absolutely give, grant and confirm unto the said R. D. and his Successors Vicars of C. aforesaid, in exchange for the two Closes of Pasture before-mentioned, all that parcel of Land in, &c. containing by estimation twelve Acres, adjoining to a Wall called New Wall, on the North, to a Close of Land called by the name of Garson, now in the occupation of J. P. on the West, and to the Brook Lands, now in the occupation of the said W. G. on the South and West, To have and to hold the said Close of Land with the appurtenances last before in these Presents given, granted and confirmed unto the said R. D. and his Successors, Vicars of C. aforesaid, to the only sole and proper use and behoof of the said R. D. and his Successors for ever. Provided always That if the said W. G. his Heirs or Assigns shall at any time be ejected out of the said several parcels of Land to him before herein mentioned, to be granted; Or if the said R. D. or his Successors shall a [...] any time enter into, take, claim or challenge the said several parcels of Land, or any part thereof, then it shall and may be good and lawful to and for the said W. G. his Heirs and Assigns into the said parcel of Land by the said W. G. before herein mentioned to be granted, to reenter, and the same to have again, [Page 211]repossess and enjoy, as in his and their former Estate, any thing herein contained to the contrary notwithstanding.
In witness, &c.
Note, Although this Deed will not bind the Vicars Successors, yet it makes a good Title against all others; and it was not doubted but all Successors would agree to it, because the Vicaridge Land is of much less value than the other.
A Defeazance of a Statute Staple.
THIS Indenture made, &c. Between J. F. of, &c. and R. C. of, &c. witnesseth, That the said R. C. by a certain Recognizance of the nature of a Statute Staple, made and provided for the recovery of Debts taken and sealed before Sir J. H. Knight, Lord Chief Justice of England, bearing date, &c. standeth and is bound unto the said J. F. in the sum of 300 l. of lawful Mony of England, payable as by the said Recognizance more at large appeareth; nevertheless the said J. F. is contented and agreed, and doth covenant, promise and grant for himself his Heirs, Executors, Administrators and Assigns, to and with the said R. C. his Heirs, Executors, Administrators and Assigns, and to and with every of them by these presents, That if the said R. C. his Heirs, Executors, Administrators or Assigns, or any of them do pay or cause to be paid unto the said J. F. his Executors, Administrators or Assigns or any of them, the sum of 160 l. of lawful Mony of England on the 10th day of May next ensuing the date hereof without fraud, That then the said Recognisance shall be utterly void and of none effect, or else to remain in full force and virtue.
In witness, &c.
A Defeazance on a Judgment.
THIS Indenture made, &c. Between J. F. and R. C. witnesseth, That whereas the said R. C. by one Obligation, bearing date, &c. became bound unto the said J. F. in the sum of, &c. with a Condition thereupon made for the payment of, &c. as by the said Obligation and Condition it doth more at large appear; which said sum of, &c. or any part thereof, or any thing in satisfaction of the same hath not been paid to the said J. F. in the said Obligation named: By reason whereof the said Obligation became forfeited. And whereas the said J. F. hath brought an Action of Debt in their Majesty's Court of Common Pleas at Westminster against the said R. C. upon the said Obligation, in which Action a Judgment is obtained against the said R. C. Yet nevertheless the said J. F. is contented, and doth covenant, that neither he the said J. F. his Executors, Administrators or Assigns, nor any of them shall at any time before, &c. Take out any Execution or Executions on the said Judgment. And further, the said J. F. for himself his Executors, Administrators and Assigns doth covenant and agree to and with the said R. C. his Executors, Administrators and Assigns, that if he the said R. C. do well and truly pay, &c. That then the said J. F. his Executors or Administrators upon request made, and at the charges of the said R. C. shall acknowledge satisfaction on record of, and for the said Judgment, and shall also deliver unto him the said R. C. his, &c. the said Obligation to be cancelled, and the said R. C. to be thereof, and of and from the said Judgment fully discharged.
In witness, &c.
A Defeazance on Lands forfeited.
THIS Indenture made, &c. between J. F. of the one part, and R. C. of the other part, witnesseth, That whereas the said R. C. by his Indenture, bearing date, &c. for the considerations therein mentioned, did give, grant, bargain, sell and confirm unto the said J. F. his Heirs and Assigns all these Lands, &c. with the appurtenances in the County of S. in which said Indenture there is a Condition or Proviso to this Effect, That if the said R. C. his Heirs, Executors, or Assigns or any of them do truly pay or cause to be paid unto the said J. F. his Executors, Administrators or Assigns the full sum of, &c. that then said from thenceforth the said recited Indenture, and every Covenant, &c. therein contained, shall be utterly void and of none effect, as by the said Indenture it doth more at large appear: Which said sum of, &c. was not paid at the day and time above limited for the payment thereof according to the effect of the said Proviso: By reason whereof the said Lands, &c. in the said Indenture mentioned, are absolutely vested and setled in the said J. F. yet nevertheless the said J. F. is contented and pleased, and doth covenant and grant to and with the said R. C. his Executors, Administrators and Assigns, That if he the said R. C. his Executors Administrators and Assigns or any of them do well and truly pay or cause to be paid unto the said J. F. Executors, Administrators or Assigns the full sum of, &c. That then and from thenceforth the said recited Indenture shall be utterly void and of none effect, the breach made by nonpayment of the said sum of, &c. in the afore-mentioned, Proviso contained, or any other thing therein to the contrary notwithstanding. And also on full [Page 214]payment of the said sum of, &c. at any time within five years next following he, the said J. F. his Heirs and Assigns shall and will at the reasonable request, cost and charges, in the Law of the said J. C. his Heirs and Assigns, convey and assure unto the said R. C. for ever, the said Lands, &c. with the appurtenances in the said recited Indendure mentioned, in such manner and form as shall by the said R. C. his Heirs or Assigns, or his or their Counsel learned in the Law, be reasonably devised, advised or required. And also that he the said J. F. his Heirs or Assigns shall deliver, or cause to be delivered unto the said R. C. his Heirs or Assigns within two Months next after payment made, all Deeds, Evidences and Writings which the said J. F. hath touching or concerning the Premisses, safe, whole, uncancelled and undefaced.
In witness, &c.
An Indenture of Partition of Lands between Tenants in Common, who have several Interests in divers respects.
THIS Indenture made, &c. Between J. B. sen. of, &c. in the County of S. Gent. J. B. jun. Son and Heir apparent of the said J. B. sen. And R. G. of, &c. Gent. of the one part, and J. D. of; &c. in the County of S. Gent. Son and Heir of B. D. late of the City of C. in the said County of S. Doctor in Physick, G. D. Widow and Relict of the said B. D. and R. F. of the City of C. aforesaid, Esq; of the other part. Whereas the said Parties or some of them are Tenants in Common of and in all that Messuage called the, &c. of B. with the appurtenances, and all the Lands, Woods, Tenements and Hereditaments, situate, lying and being in B. U and S. in the said County of S. to the said Messuage or Mannor-House belonging or reputed to belong, or therewith used, occupied [Page 215]or enjoyed with their and every of their appurtenances, heretofore in the occupation of P. F. Esq; and C. Widow, or one of them, or their or one of their Assigns Farmers or Under-tenants, containing be estimation 248 Acres of Land, Meadow and Pasture, and 103 Acres of Wood-Land, be the same more or less, which said Messuage, Lands, Woods, Tenements, Hereditaments and Premisses are in the several possessions or occupations of A. F. and of the said J. B. sen. and of G. D. or their Assigns, and are now called the, &c. alias, &c. or by whatsoever name or names the same are called or known. And of and in all those sixteen parcels of F. containing by estimation 168 Acres: And also all those Saltmarshes to the said Freshmarsh, belonging or near adjoining to several parcels, of which the said Freshmarsh and Saltmarsh are parcel or reputed parcel of the Lands called, &c. and are situate, lying and being in the Parish of I. in the said County of S. and were heretofore in the occupation of J. E. Gent. and —I. or one of them, or their or one of their Assigns, Farmers or Under-tenants: And of and in all ways, easments and appurtenances to the said Freshmarsh and Satlmarshes in any wise appertaining: Of which said Messuage, Lands, Woods, Tenements and Hereditaments and Premisses, two third parts do belong to the said J. B. sen. and J. B. jun. and R.G. or some of them, and to the Heirs of the said J. B. jun. and of the said R. G. respectively, according to their respective Estates, Rights and Interests therein: And the other third part of the same Messuage, Lands, Woods Tenementts, Hereditaments and Premisses do belong to the said J. D. G. D. and R. F. or some of them, and to the Heirs of the said J. D. according to their respective Estates, Rights, Titles and Interests therein. And whereas the said J. B. sen. J. B. jun. R. G. J. D. [Page 216]G. D. and R. F. have agreed to make partition between them in such manner as herein after mentioned. Now this Indenture witnesseth, That in pursuance of the Agreement aforesaid (respect being had to the true value of all the said Messuage, Lands, Woods, Tenements, Hereditaments and Premisses,) the said Parties have divided the same into three equal parts. And that the said J. B. sen. and J. B. jun. and R. G. have assigned and delivered, and by these Presents do assign and deliver unto the said J. D. G. D. and R. F. one third part of the said Messuage, Lands, Tenements, Hereditaments and Premisses with the Appurtenances (to wit) All that piece or parcel of Marshland, called the, &c. containing by estimation six Acres, two Roods and one and twenty Perches; all that piece or parcel of Marshland called the, &c. containing by estimation fourteen Acres; all that piece or parcel of Marshland called the, &c. containing by estimation three and twenty Acres, two Roods and five and thirty Perches; all that parcel of Marshground, called the, &c. containing by estimation fifteen Acres and one Rood; all that piece or parcel of Marshland called the, &c. containing by estimation one and twenty Acres and six Perches; all that piece or parcel of Marshland, called the, &c. containing by estimation two Roods and five Perches; all that piece or parcel of Marshland, called the, &c. containing by estimation four Acres, one Rood and four and thirty Perches; all that other piece or parcel of Marshland called also the, &c. containing by estimation four Acres and thirty Perches; and also all that piece or parcel of Marshland called the, &c. containing by estimation seventeen Acres, two Roods and six Perches: And also so much of the said Saltmarshes as lies between the Channel and the said last-mentioned Premisses, and adjoins thereto: And also a way [Page 217]and passage as well on Horseback as on Foot, and for Carts, Wains, Carriages, and all manner of Cattle to go, pass and repass in and through one piece or pacel of Marshland herein after mentioned, to be called the, &c. containing by estimation four Acres and eight and twenty Perches, and in and through one other piece or parcel of Marshland called also the, &c. containing by estimation one Acre, one Rood and eighteen Perches, unto and from all and every the several parcels of Marshland herein before mentioned, to be assigned unto the said J. D. G. D. and R. F. at the Will and pleasure of the said J. D. G. D. and R. F. and their Assigns, To have and to hold the said several pieces of Marshland and Premisses herein before mentioned, to be assigned unto the said J. D. G. D. and R. F. in severalty for their proportion, and in lieu of their third part aforesaid, according to the respective Interests and Estates which the said J. D. G. D. and R. F. respectively had in the said third part, before the making of these Presents. And this Indenture further witnesseth, That the said J. D. G. D. and R. F. have assigned and delivered, and by these Presents do assign and deliver unto the said J. B. sen. J. B. jun. and R. G. two third parts of all the said Messuage, Lands, Tenements, Hereditaments and Premisses with the Appurtenances (to wit) All that Messuage called the, &c. and all the said Woods, Lands, Tenements and Premisses herein before mentioned, to be lying and being in the Parishes of, &c. aforesaid. And also all that piece or parcel of Marshland called the, &c. alias the, &c. containing by estimation nineteen Acres and twelve Perches; and all that piece or parcel of Marshland called the, &c. containing by estimation seven Acres, two Roods and two Perches; and all that piece or parcel of Marshland called the, &c. containing [Page 218]by estimation four Acres and eight and twenty Perches; and also all that piece or parcel of Marshland called also the, &c. containing by estimation one Acre, one Rood and eighteen Perches; and also all that piece or parcel of Marshland called the, &c. containing by estimation two Acres, one Rood and twelve Perches; and also all that piece or parcel of Marshland called the, &c. containing by estimation five Acres, one Rood and nineteen Perches: And also so much of the said Saltmarshes as lies between the Channel and the said last mentioned Premisses and adjoins thereto; and also a way and passage as well on Horseback as on Foot, and for Carts, Wayns, Carriages, and all manner of Cattel to go, pass and repass in and through the aforesaid piece or parcel of Marshground called the, &c. containing by estimation seventeen Acres, two Roods and six Perches, unto and from the said piece or parcel of Marshground called the, &c. and in and through the same piece or parcel of Marshland called the, &c. and the aforesaid piece or parcel of Marshland called the, &c. unto and from the aforesaid piece or parcel of Marshland called the, &c. alias, the, &c. at the will and pleasure of the said J. B. sen. J. B. jun. and R. G. and their Assigns, and the Heirs and Assigns of the said R. G. and J. B. jun. To have and to hold the said Messuage, Lands, Tenements, Woods, Marshes and Premisses herein before last mentioned, to be assigned unto the said J. B. the elder, J. B. the younger, and R. G. and to the Heirs of the said J. B. the younger, and R. G. in severalty for their proportion, and in lieu of their two third parts aforesaid, according to the respective Interests and Estates which the said J. B. the elder, J. B. the younger, and R. G. respectively had in the said two third parts before the making of these Presents. And the said J. B. the [Page 219]elder doth for himself, his Heirs, Executors and Administrators, covenant and grant to and with the said J. D. G. D. and R. F. their Heirs and Assigns by these Presents, That he the said J. B. the elder hath not at any time done, committed or willingly suffered, any act or thing whatsoever, whereby or wherewith the Premisses to the said J. D. G. D. and R. F. assigned in partition, as aforesaid; or any part thereof, are, or is, or shall or may be impeached or incumbered in Estate, Title, Charge or otherwise howsoever. And also, That he the said J. B. the elder, and his Heirs, and all and every other person and persons, having and lawfully claiming, or which shall or may have or lawfully claim any Estate, Right, Title or Interest, of, in or to any part of the said Premisses herein before mentioned, to be assigned to the said J. D. G. D. and R. F. in partition, as aforesaid, by, from or under him the said J. B. the elder, shall and will from time to time, and at all times during the space of Ten years next ensuing the day of the date of these Presents, upon the reasonable request and at the Costs and Charges in the Law of the said J. D. G. D. and R. F. make, do, acknowledge, levy, execute and suffer all and every such further and other reasonable Act and Acts, Thing and Things, Conveyance and Assurance in the Law whatsoever, for the confirmation of the partition aforesaid; and for the further, better and more perfect conveying, assigning and assuring unto the said J. D. G. D. and R. F. in form aforesaid, all the said Lands and Premisses herein before mentioned to be assigned and delivered unto the said J. D. G. D. and R. F. in partition, as aforesaid, as by the said J.D. G.D. and R.F. or any of their Council learned in the Law, shall be reasonably devised, advised or required, [Like Covenants from J. C. Jun. and the like from R. G.] And the said J. D. doth for [Page 220]himself, his Heirs, Executors and Administrators, covenant and grant, to and with the said J. B. the elder, J. B. the younger, and R. G. their Heirs and Assigns by these Presents, That he the said J. D. hath not at any time done, committed or wittingly and willingly suffered any act or thing whatsoever, whereby or wherewith the Premisses to the said J. B. the elder, J. B. the younger, and R. G. assigned in partition, as aforesaid, or any part thereof, are or is, or shall or may be impeached or incumbred in Estate, Title, Charge or otherwise howsoever. And also, That he the said J. D. and his Heirs, and all and every other person and persons, having or lawfully claiming, or which shall or may have or lawfully claim any Estate, Right, Title or Interest, of, in or to any part of the Messuage, Lands, Tenements, Hereditaments and Premisses herein before mentioned, to be assigned to the said J. B. the elder, J. B. the younger, and R. G. in partition, as aforesaid, in, by, from or under him the said J. D. shall and will from time to time, and at all times during the space of Ten years next ensuing the date of these Presents, upon the reasonable request and at the Costs and Charges in the Law of the said J. B. the elder, J. B. the younger, and R. G. and the Heirs and Assigns of the said J. B. the younger, and of the said R. G. make, do, acknowledge, levy, execute and suffer all and every such further and other reasonable Act and Acts, Thing and Things, Conveyance and Assurance in the Law whatsoever, for confirmation of the partition aforesaid: And for the further, better and more perfect conveying, assigning and assuring unto the said J. B. the elder, J. B. the younger, and R. G. and unto the Heirs and Assigns of the said J. B. the younger, and of the said R. G. all the said Messuage, Lands, Tenements and Premisses herein before mentioned, to be assigned and delivered unto the said J. B. the [Page 221]elder, J. B. the younger, and R. G. in partition, as aforesaid: As by the said J. B. the elder, J. B. the younger, and R. G. or their Assigns, or the Heirs or Assigns of the said J. B. the younger and R. G. or any of them, their or any of their Council learned in the Law, shall be reasonably devised, advised or required. [Like Covenants from G. G. and the like from R. F.]
In witness, &c.
Covenants for levying Fines and Recoveries, &c.
A Covenant by Husband and Wife, to levy a Fine.
THis Indenture made, &c. Between R. C. and C. his Wife on the one part, and J. F. and F. J. of the other part, Witnesseth, That it is covenanted, granted, concluded and agreed, by and between the said parties to these Presents: And the said R. C. for himself, his Heirs, Executors and Administrators, and for the said C. his Wife, doth covenant, grant and agree to and with the said J. F. and F. J. their Heirs, Executors and Administrators by these Presents, That they the said R. C. and C. his Wife, shall and will before the end of the Term of St. Hillary next ensuing the date hereof, by one Fine with Proclamation in due form of Law, to be levied before the Justices of our Sovereign Lord the King, of his Majesty's Court of Common-Pleas at Westminster, or before any other person or persons sufficiently and lawfully authorized in that behalf, between the said J. F. and F. J. Plaintiffs, and the said R. C. and C. his Wife, Deforceants, recognize and acknowledge all that, &c. situate, lying and being, &c. in which the said R. C. and C. his Wife, or either of them, have or heretofore had any Estate of Inheritance in Possession, Reversion or Remainder, with all and singular the Appurtenances thereof, by some Name or Names, or Contents and Numbers [Page 222]of Acres in the said Fine to be contained, to be the Right of the said J. F. as those which the said J. F. and F. J. have of the Gift of the said R. C. and C. his Wife. And the same shall thereby remise and quit-claim from them the said R. C. and C. his Wife, and their Heirs, to the said J. F. and F. J. and the Heirs of the said J. F. for ever. And moreover shall by the said Fine warrant the said, &c. unto the said J. F. and F. J. and the Heirs of the said J. F. for ever.
See a Declaration of the Uses, with such other Covenants as the Case requires.
A Covenant to levy a Fine more brief.
THis Indenture, made, &c. Between R. C. and C. his Wife, of the one part, and J. F. of the other part, Witnesseth, That it is covenanted, granted, concluded and agreed by and between the said parties to these Presents; and the said R. C. for himself, his Heirs, Executors and Administrators, and for the said C. his Wife, doth covenant and grant to and with the said J. F. his Heirs, Executors and Administrators, That he the said R. C. and C. his Wife, shall and will before the end of next Hillary Term, before the Justices of his Majesty's Court of Common-Pleas at Westminster, acknowledge and levy one Fine Sur Cognizance de droit come ceo que il ad de lour done, &c. with Proclamations, according to the form of the Statute in such case had and provided, to the said J. F. of all, &c. by such Name and Names, Quantities and Numbers of Acres, as by the said J. F. or his Council learned in the Law, shall be reasonably devised, advised or required.
A Covenant to levy a Fine by several persons, having separate Interests.
THis Indenture made, &c. Between R. C. of the first part; C. R. of the second part; J. F. of the third part, and F. J. of the fourth part. Whereas the said R. C. is seised in his demesne, as of Fee, of and in one parcel, &c. And whereas the said C. R. is likewise seised in his demesne, as of Fee, of and in one Messuage, &c. which he lately purchased of one A. B. And whereas the said J. F. is likewise seised in his demesne as of Fee, of and in ten Acres of arable Land, &c. which he the said J. F. lately purchased of one B. A. And they the said R. C. C. R. and J. F. being severally so seised of the Premisses aforesaid. Now this Indenture witnesseth, That it is covenanted, concluded and agreed by and between all the said parties to these presents, That they the said R. C. C. R. and J. F. shall before the end of Hillary Term ensuing the date of these Presents, in due form of Law, levy and acknowledge one Fine Sur Cognizance de droit come ceo, &c. with Proclamations, according to the Statute in that case made and provided, before the Justices of his Majesty's Court of Common Pleas at Westminster, to the said F. J. and his Heirs, of all and singular the Premisses, with the Appurtenances, by such Name or Names, &c. And that the said Fine so to be levied, shall be and enure, and shall be deemed, construed and taken so to be and enure. And the said F. J. and his Heirs, shall by virtue thereof stand and be seised, of and in all and singular the said Premisses, with their and every of their Appurtenances, to the several uses hereafter mentioned and declared in manner and form following; That is to say, of and in the said parcel, &c. called or known by the name of S. with the Appurtenances, [Page 224]to the only use and behoof of the said R. C. and his Heirs. And of and in the said Messuage, &c. to the use and behoof of the said C. R. and his Heirs.
[And so for the rest.]
A Covenant to levy a Fine in a Court of Ancient Demesne.
THis Indenture, made, &c. Between R. C. of the one part, and C. R. of the other part. Whereas the said R. C. is the day of the date of these Presents lawfully seised of an Estate of Inheritance to him and the Heirs Males of his Body, of and in divers Lands, &c. within the Liberty of R. in the County of S. hereafter in these presents particularly mentioned. Now this Indenture witnesseth, That the said R. C. for divers Causes and Considerations him hereunto moving: And for the setling, &c. doth for himself and his Heirs, covenant, grant and agree, to and with the said C. R. his Heirs, Executors and Administrators by these Presents, That he the said R. C. at his own proper Costs and Charges, shall and will in due form of Law, before, &c. next ensuing the date of these Presents, acknowledge and levy one Fine in the Court of Ancient Demesne within the said Liberty of R. according to the Course and Common usage for levying of Fines for Lands and Hereditaments within the said Liberty, unto the said C. R. of all, &c. by the Name of, &c. or by such other Name or Names as shall be thought meet, &c.
A Covenant to levy a Fine, with a render of an Estate for years.
THis Indenture made, &c. Between R. C. and C. his Wife, of the one part, and J. F. of the other part, Witnesseth, That for divers good Causes and Considerations, it is covenanted, granted, concluded and agreed, by and between the said parties to these presents, for them, their Heirs, Executors and Administrators, that before the end of Hillary Term next ensuing the date hereof, at the costs and charges of the said J. F. his Executors and Administrators, one Fine with Proclamations, in due form of Law, shall be levied and acknowledged between the said parties to these presents, in manner and form following; of one Messuage, &c. in and by which Fine the said J. F. shall remise, release and quit-claim from the said J. F. and his Heirs unto the said R. C. and C. his Wife, and the Heirs of the said R. C. all his Right, Title, Estate and Interest, of in and to the aforesaid, &c. with the appurtenances, from which remise, release and quit-claim the said R. C. and C. his Wife shall by the said Fine Render the said Messuage, &c. with the appurtenances, unto the said J. F. his Executors, Administrators and Assigns, To have and to hold the same unto the said J. F. his Executors, Administrators and Assigns, from the Feast of St. Michael the Archangel, now last past, for and during and until the full end and term of One and twenty years from thence next ensuing, and fully to be compleat and ended; Yielding and paying therefore yearly and every year, during the said term, unto the said R. C. and C. his Wife, their Executors, Administrators and Assigns respectively, the yearly Rent or Sum of Eight pounds of lawful Mony of England, at [Page 226]the four must usual Feasts in the year; That is to say, &c. or within 30 days next after any of the said Feasts.
[With the usual Covenants in Leases to be added.]
A Covenant to levy a Fine, with a render of Rent.
THis Indenture made, &c. Between R. C. and C. his Wife, of the one part, and C. R. of the other part, Witnesseth, That for divers good Causes and Considerations, it is covenanted, granted, concluded and agreed by and between the said parties to these Presents, for them, their Heirs Executors and Administrators, that before the end of Hillary Term next, at the costs and charges of the said C. R. his Executors or Administrators, one Fine with Proclamations, in due form of Law shall be levied and acknowledged by and between the said parties to these presents, by the names of, &c. in and by which said Fine the said C. R. shall remise, release and quitclaim from the said C. R. and his Heirs, unto the said R. C. and C. his Wife, and the Heirs of the said R. C. all his Right, Title, Estate and Interest, of, in and to the aforesaid Messuages, &c. with the appurtenances, For which remise, release and quit-claim the said R. C. and C. his Wife, shall by the said Fine, grant and render unto the said C. R. his Executors, Administrators and Assigns, one Annuity or yearly Rent of Fifty pounds of good and lawful Money of England, to be issuing and going out of the aforesaid, &c. with the appurtenances; To have, hold, receive and enjoy the said Annuity of Fifty pounds per Ann. and every part and parcel thereof unto the said C. R. his Executors, Administrators and Assigns, from the Feast of, &c. next ensuing the date of these presents, until the full end and term of 21 years from thence next ensuing, and fully to be [Page 227]compleat and ended, at the Feast of St Michael the Archangel, and the Annunciation of the Blessed Virgin Mary, by even and equal portions, yearly to be paid during the term aforesaid. And if it shall happen the said yearly Rent of Fifty pounds, or any part thereof to be behind or unpaid, in part or in all, by the space of 20 days after either of the said Feast-days, or days of payment, being lawfully demanded, That then and from thenceforth it shall and may be lawful to and for the said C. R. his Executors, Administrators and Assigns, into the said, &c. and every part and parcel thereof to enter and distrain: And the Distress and Distresses there to be found and taken, lawfully to lead, bear, drive and carry away, and the same to detain and keep, until he the said C. R. his Executors, Administrators and Assigns, shall be fully paid and satisfied the said Annuity or yearly Rent, and all and every the Arrears thereof, &c.
A Covenant to levy a Fine sur concessit for years.
THis Indenture made, &c. Between R. C. and C. his Wife on the one part, and C. R. on the other part witnesseth, that the said R. C. for divers good causes and considerations him hereunto moving, doth for himself, his Heirs, Executors and Administrators, and for the said C. his Wife covenant and grant, to and with the said C. R. his Executors and Administrators by these presents, That he the said R. C. and C. his Wife, shall and will before the end of next Hillary Term levy one Fine sur concessit with Proclamations in due form of Law, before his Majesty's Justices of the Court of Common Pleas at Westminster, unto the said C. R. of all, &c. and the reversion and reversions, remainder and remainders of all [Page 228]and singular the Premisses, and of every part and parcel thereof; And all Rent and Rents and yearly services, and other profits whatsoever reserved, and payable upon every demise and demises, leases, grants and conveyances whatsoever made and granted of the Premisses, or any part or parcel thereof, by such name or names, quantity and quality of Acres, as shall be thought meet and requisite; And shall thereby grant the said, &c. with the Appurtenances unto the said R. C. To have and to hold the same unto the said C. R. his Executors, Administrators and Assigns, from the Feast, &c. next ensuing the date hereof unto the full end and Term of, &c. from thence next ensuing, and fully to be compleat and ended, rendring therefore yearly unto the said R. C. and his Heirs the yearly Rent of one Pepper-corn at, &c. if the same shall be lawfully demanded.
A Covenant to levy a Fine, and suffer a Recovery with double Voucher.
THis Indenture made, Between R. C. and C. his Wife of the first part J. F. and F. J. of the second part, and C. R. of the third part witnesseth That it is mutually and respectively, covenanted and concluded by and between the said parties to these presents; And the said R. C. doth by these presents for himself, his Heirs, Executors and Administrators, and for the said C. his Wife, covenant and agree to and with the said C. R. his Heirs, Executors and Administrators, That he the said R. C. and C. his Wife, shall and will on this side and before the Feast of, &c. now next ensuing, levy and acknowledge one Fine sur cognizance de droit come ceo, &c. in due form of Law, with Proclamations to be had and made, according to the form of the Statute in that Case made and provided, [Page 229]before the Justices of his Majesty's Court of Common Pleas at Westminster, or before some other person or persons thereunto lawfully authorized, to the said J. F. and F. J. and the Heirs of the said J. F. of all that the, &c. by such name or names, quantities, quality and numbers of Acres, and in such manner and form as by the said C. R. his Heirs or Assigns, or his or their Counsel learned in the Law, shall be reasonably devised, advised or required, which said Fine so or in any other manner to be levyed and acknowledged between the said parties, shall be, and shall be construed, reputed and taken to be, to and for the use of the said J. F. and F. J. and their Heirs, To the only end, intent and purpose, that the said J. F. and F. J. shall and may stand, and be full and perfect Tenants of the Freehold of the said, &c. with the Appurtenances, and of every part thereof, whereof the said Fine is agreed to be levied as aforesaid,, until a perfect, Common Recovery shall and may be lawfully had, suffered and executed, of the said, &c. against the said J. F. and F. J. and their Heirs, according to the true intent and meaning of these presents, and the parties thereunto: And it is further covenanted, concluded and agreed by and between all the said parties to these presents, and every of them for themselves, and their and every of their Heirs, Executors and Assigns, That they the said J. F. and F. J. shall and will permit and suffer the said C. B. before the, &c. next ensuing the date hereof, by Writ or Writs of Entry sur disseizin in le post, to be sued forth and obtained out of his Majesty's High Court of Chancery, and returnable before his Majesty's Justices of the Court of Common Pleas, in the name of the said C. R. Demandant against the said J.F. and F. J. being Tenants, to recover to him and his Heirs in due form of Law, according to the course [Page 230]of Common Recoveries for assuring of Lands, Tenements and Hereditaments against the said J. F. and F. J. and the Survivor of them, then Tenant or Tenants of the Premisses, all and every the said, &c. with the Appurtenances by some name or names in the said Writ and Recovery to be mentioned; (Or thus) by such name or names, and under such number and contents of Acres, and in such manner and form as shall be be advised by the Counsel of the said C. R. unto which said Writ of Entry so to be brought as aforesaid, the said J. F. and F. J. shall appear gratis; And then and there immediately after appearance and defence made, shall and will in the said Action, Vouch to Warranty the said R. C. and C. his Wife, who shall likewise appear gratis, and vouch to warranty the Common Vouchee, who shall also appear, imparle and make defalu [...], whereby a perfect Judgment may be had and given against the said J. F. and F. J. and for the said J. F. and F. J. to recover against the said R. C. and C. his Wife, And for the said R. C. and C. his Wife, to recover in value against the Common Vouchee, so that a good and perfect Recovery with double Voucher may be had, and Execution be had and made thereof, &c.
A Covenant to suffer a Recovery with double Voucher, the Tenant to the Precipe being already made by Deed.
THis Indenture made, &c. Between R. C. of the first part, C. R. of the second part, and, J. F. of the third Part witnesseth, That for divers good causes and considerations it is covenanted, granted, concluded and agreed by and between all the said parties to these presents in manner and [Page 231]form following; That the said J. F. shall before the end of next Hillary Term, purchase and sue forth out of the High Court of Chancery, one original Writ of Entry sur disseizin in le post against the said C. R. returnable before the Justices of his Majesty's Court of Common Pleas at Westminster, at a day certain in the said Writ to be mentioned; And by the said Writ shall demand against the said C. R. all that, &c. (setting forth the particulars, and where situate,) By such names, qualities and numbers of Acres as by the said J. F. and his Counsel learned in the Law shall be devised, advised or required, unto which said Writ the said C. R. shall appear gratis, and take upon him the tenancy of all and every the said, &c. and other the Premisses with the Appurtenances, And shall vouch to warranty the said R. C. who shall appear gratis, and vouch to warranty the Common Vouchee, who shall likewise appear gratis and enter into the warranty, and after imparlance make default in contempt of the Court, so that Judgment shall be given, that the said J.F. shall recover the said, &c. in the said Writ to be contained against the said C. R. And that the said C. R. shall recover over in value against the common Vouchee, And that Execution of the said Recovery so to be had, shall be made according to the form of Common Recoveries in such cases used and accustomed; And that the said J. F. C. R. and R. C. and every of them shall and will, do, execute, perform and suffer all and every such Act and Acts, thing and things whatsoever, as shall be necessary and expedient for the prosecution of the said Recovery, and the Execution thereof according to the form and order of Common Recoveries with double Voucher in such cases used.
A Bargain a Sale to make a Tenant to the Praecipe.
THis Indenture made the, &c. Between R. C. of the one part, and C. R. of the other part witnesseth, that the said R. C. for and in consideration of five shillings of lawful Mony of England, to him in hand paid before the sealing and delivery hereof by the said C. R. the receipt, whereof the said R. C. doth acknowledge; And to the end and purpose that the said C. R. may become and be made a perfect Tenant to a Praecipe, against whom a Common Recovery may be had of the Mannor and Lands hereafter mentioned, Hath granted, bargained and sold; And by these Presents doth for him and his Heirs; grant, bargain and sell unto the said C. R. and his Heirs all, &c. To have and to hold the said, &c. and every part and parcel thereof unto him the said C. R. and his Heirs for ever, to the only use and behoof of the said C. R. his Heirs and Assigns for ever.
A Covenant to suffer a Recovery with a Recital of the Bargain and Sale, whereby a Tenant to the Praecipe was made.
THis Indenture made, &c. Between R. C. of the first part, C. R. of the second part, and J. F. of the third part witnesseth, Whereas the said R. C. hath by his Indenture of Bargain and Sale bearing date the, &c. last past, before the date hereof, for the consideration therein mentioned, granted, bargained and sold unto the said C. R. and his Heirs, All that, &c. [recite to the end of the Habend.] Which said Bargain and Sale was made to him the said C. R. and his Heirs, to and for the only use, intent and purpose, that the said C. R. [Page 233]should be sole Tenant of the Premisses to a Praecipe against whom the Recovery hereafter mentioned might be had in manner and form following: Now this Indenture further witnesseth, And it is covenanted, concluded and agreed by and between all the said parties to these Presents for themselves respectively, and their Heirs, that before the end of Hillary Term next ensuing the date of these Presents there shall be at the Costs and Charges of the said J. F. one Recovery in the nature of a Common Recovery for Lands, Tenements and Hereditaments in such Cases used and accustomed, had and executed of the said, &c. in his Majesty's Court of Common-Pleas at Westminster, by and in the name of the said J. F. Demandant against the said C. R. Tenant of the said, &c. with the Appurtenances, who shall vouch to warranty the said R. C. who being vouched shall appear gratis, and vouch to warranty the Common Vouchee, who shall appear gratis and enter into the warranty, and afterwards make default, to the end that a perfect Common Recovery shall and may be had of the said, &c. with the Appurtenances in all things according to the usual order and form of Common Recoveries for assurance of Lands, Tenements and Hereditaments, in such Cases used and accustomed.
A Covenant to suffer a Recovery with double Voucher, by several Writs, of Lands in several Counties.
THis Indenture made, &c. between R. C. of the first part, C. R. of the second part, and J. F. of the third part witnesseth, That it is covenanted, granted and concluded by and between the said parties to these Presents in manner and form following; That is to say, That the said C. R. shall before the end of the Term of St. Hillary next [Page 234]ensuing the date hereof, suffer the said J. F. to persue three of the King's Majesty's Writs of Entry, Tenant to the Praecipe is made before by Deed. Sur disseisin in le post, against the said C. R. before the Justices of his Majesty's Court of Common-Pleas at Westminster, By one of which said Writs of Entry, the said J. F. shall demand against the said C. R. all that, &c. in the County of S. with the Appurtenances, And by one other of the said Writs, the said J. F. shall demand against the said C. R. one Messuage, &c. with the Appurtenances, lying and being in A. in the County of S. And by the third Writ of Entry the said J. F. shall demand against the said C. R. all that, &c. situate, lying and being in D. in the County of C. By which three several Writs the said, &c. with the Appurtenances in them respectively to be contained, shall be demanded as aforesaid, by such Name and Names, Quantities, Qualities and Numbers of Acres as by the said J. F. or his Council learned in the Law shall be thought fit, unto which said several Writs the said C. R. shall appear gratis; And after such appearance and defence by him made thereto, shall vouch to warranty the said R. C. who shall likewise appear gratis, and vouch over to waranty the Common Vouchee, who shall likewise appear gratis and enter into the Warranty, and after imparl and make default, whereupon the said J. F. shall have Judgment to recover the said several, &c. before mentioned against the said C. R. And that the said C. R. shall recover over in value against the said R. C. And that the said R. C. shall have Judgment to recover over in value against the Common Vouchee. And it is likewise concluded and fully agreed by and between the said parties to these Presents, That the said C. R. shall likewise suffer the said J. F. to persue the King's Majesty's Writ of Right Patent against the [Page 235]said C. R. to be returnable and returned before the Mayor and Sheriffs of the City of London, in the Court of the Hustings of the said City, by which Writ of Right the said J. F. shall demand against the said C. R. all those, &c. within the said City; And at the day of the Return of the said Writ, the said C. R. shall appear thereunto and after defence made shall vouch to warranty the said R. C. who shall likewise appear and enter into the warranty, and shall vouch to warranty the Common Vouchee, who shall likewise appear, imparle and make default, and depart in contempt of the Court, whereby the said J. F. shall have Judgment according to the Laws and Customs of the said City to recover the said, &c. against the said C. R. And for the said C. R. to recover in value against the said R. C. And for the said R. C. to recover in value against the Common Vouchee.
A Covenant to suffer a Recovery with single Voucher.
THis Indenture made, &c. Between R. C. of the one part, and C. R. of the other part witnesseth, That it is covenanted, granted, concluded and agreed by and between the said parties to these presents, That the said C. R. shall before the end of next Hillary Term, purchase and sue forth against him the said R. C. at the proper Costs and Charges of the said C. R. one original Writ of Entry Sur disseisin en le post, returnable before the Justices of his Majesty's Court of Common-Pleas at Westminster; And shall thereby demand against the said R. C. all, &c. by such Name or Names, Quantities and Numbers of Acres as the said C. R. or his Counsel shall advise or require, unto which said Writ to be purchased the said R. C. shall appear gratis, and shall vouch to warranty the Common Vouchee, who shall likewise [Page 236]appear gratis, and enter into the warranty, and imparle and make default, that thereupon Judgment may be given, that the said C. R. shall recover the said Messuage, &c. with the Appurtenances against the said R. C. and that the said R. C. shall recover in value against the Common Vouchee, so that a perfect Recovery may be thereupon had; And that the said parties to these presents and the said Common Vouchee shall at Costs and Charges in the Law of the said C. R. make, do, suffer and execute all and every matter and thing whatsoever, meet, necessary and convenient for the prosecution of the said Recovery, according to the case of Common Recoveries with single Voucher, &c.
Another more brief with single Voucher.
THis Indenture, &c. Between R. C. of the one part, and C. R. of the other part witnesseth, That it is covenanted, concluded and agreed by and between the said parties to these presents, for them and their Heirs, that before the end of next Hillary Term, there shall be at the only Costs and Charges of the said C. R. one Recovery with single Voucher in the nature of Common Recoveries for Lands, Tenements and Hereditaments in such cases used and accustomed, had and executed in his Majesty's Court of Common Pleas at Westminster of all that, &c. against the said R. C. Tenant of the said, &c. with the Appurtenances, who therein shall vouch to warranty the Common Vouchee, who thereupon shall appear gratis and enter into the warranty, and afterwards make default, to the end that one perfect Recovery of the said, &c. shall and may be had and prosecuted, according to the usual order and form of Recoveries for assurance of Lands, Tenements and Hereditaments in such cases used and accustomed, &c.
A Covenant that Husband and Wife being Tenants for Life of the Wife, and he in Reversion shall suffer a Recovery.
THis Indenture made, &c. Between R. C. and C. his Wife, and C. R. of the one part, and J. F. on the other part, Whereas the said R. C. and C. his Wife, in Right of the said C. do now hold and are lawfully intituled to hold and enjoy, for and during the natural Life of the said C. all that, &c. the Reversion whereof and of every part thereof from and after the decease of the said C. doth lawfully belong unto the said C. R. and the Heirs of his Body: Now this Indenture witnesseth, That it is covenanted, granted, concluded and agreed by and between the said parties, for themselves and their Heirs, That the said R. C. and C. his Wife, and the said C. R. shall before the Feast of, &c. now next coming permit and suffer the said J. F. in and by a Writ of Right Patent, according to the Custom of the City of London, in due form of Law, with single or double Voucher or Vouchers, to recover against them the said R. C. and C. his Wife, and the said C. R. the said, &c. with the Appurtenances in such manner and form, as by the Counsel of the said J. F. learned in the Law, shall be reasonably devised, advised or required, &c.
A Covenant to make a Tenant to the Praecipe, and suffer a Recovery with double Voucher in London.
THis Indenture made, &c. Between R. C. of the first part, and F. J. and A. B. of the second part, and C. R. and J. F. of the third part witnesseth, That it is covenanted, granted, concluded and agreed by, and between all the said Parties to these Presents, And the said R. C. for [Page 238]himself, his Heirs, Executors and Administrators, doth covenant and grant to and with the said F. J. and A. B. and either of them, their and either of their Heirs, Executors and Administrators by these Presents, That he the said R. C. shall and will within one Month next ensuing, the date of these Presents, make and execute or cause to be made and executed unto the said F. J. and A. B. a good, perfect and absolute Estate in the Law in Fee-simple, of and in all, &c. lying and being in, &c. London. And also of and in the Reversion and Reversions of all and singular the Premisses, to the end, intent and purposes, that the said F. J. and A. B. and their Heirs, may stand and be seised of the said Premisses, and become perfect Tenants of the Freehold thereof, so that within one Month next after executing and making of the said Estate to them the said J. F. and A. B. as aforesaid, The said C. R. and J. F. or the Survivor of them, shall and may bring and persue his Majesty's Writ of Right patent out of the High Court of Chancery, against the said F. J. and A. B. or the Survivor of them, to be directed to the Mayor and Sheriffs of the City of London, By which Writ of Right Patent the said C. R. and J. F. or the Survivor of them, in the Guild-Hall of the said City, before the said Mayor and Sheriffs in the Court of Hustings, according to the Custom of the said City, shall demand against the said F. J. and A. B. or the Survivor of them, the said, &c. and all and singular other the Premisses with the Appurtenances, by such Names or Quantities as shall be reasonably devised or advised by the Counsel of the said C. R. and J. F. or the Survivor of them, unto which said Writ the said F. J. and A. B. or the Survivor of them shall appear gratis, and after Declaration and Defence made thereupon, shall vouch to warranty the said R. C. who shall appear gratis and enter into the [Page 239]warranty, and vouch over to warranty the Common Vouchee, who shall appear gratis and imparle, and after make default in contempt of the Court, whereby Judgment shall be given in the said Writ for the said C. R. and J. F. the said F. J. and A. B. and for the said C. R. and J. F. to recover over in value against the said R. C. And for the said R. C. to recover over in value against the Common Vouchee, And Execution thereof shall be had and sued in such sort, that a perfect Recovery with double Vouchers shall be had and duly executed of all and singular the Premisses, &c.
To suffer a Recovery in a Court Baron.
THIS Indenture made, &c. Between R. C. of, the one part, and C. R. of the other part witnesseth, That it is covenanted, granted, concluded and agreed by and between the parties to these Presents, That the said. C. before the, &c. next ensuing the date hereof, shall permit and suffer the said C. R. to affirm and persue against the said R. C. in the Court Baron of the Mannor of R. in the County of S. one Plaint in the nature of a Writ of Entry sur disseisin in le post of all and singular, &c. with the Appurtenances, situate, lying and being within the said Mannor of R. which said Messuage the said R. C. late had in Remainder of the Surrender of A. C. his Father, by the Name of (as in the Copy) as by the Court Roll of the General Court of the said Mannor holden at A. on the 10th day, &c. last past before the date hereof, amongst other things it doth more fully appear: And that the said Plaint shall be affirmed, entred and persued of all and every the Premisses, with the Appurtenances in R. within the Jurisdiction of the Court of the said Mannor of A. To and upon which Plaint to be entred and affirmed as aforesaid, he the said [Page 240] R. C. shall appear in his own proper person, or by his Attorney lawfully authorized in that behalf, and shall make his defence thereunto according to Law, and vouch to warranty of and for the said Premises, one B. A. who shall appear and enter into the warranty, and after make default according to the manner and form of Common Recoveries or Writs of Entry sur disseisin en le post, whereby the said C. R. shall have Judgment to recover the said Messuage, &c. against the said R. C. and the said R. C. to recover over in value against the said B. A. according to the manner and form of Common Recoveries for Lands and Tenements; which said Recovery the said R. C. shall suffer to be executed by Precept or Warrant out of the said Court in the nature of a Writ of Habere Facias Seisinam, according to the order and form of the Common Law. And it is further covenanted, granted, concluded and agreed by and between the said Parties, That the said Recovery, and the Estate of the Premisses to be had, obtained and recovered thereby, or by reason thereof shall be to the use of the said C. R. his Heirs and Assigns for ever, according to the Custom of the said Mannor, and to no other use, intent or purpose whatsoever.
In witness, &c.
A Covenant to make Assurance of Lands.
THIS Indenture made, &c. Between R. C. of the one part, and C. R. of the other part witnesseth, That the said R. C. for and in consideration of the Sum of, &c. doth for himself, his Heirs, Executors and Administrators covenant and grant to and with the said C. R. his Heirs and Assigns by these Presents, That he the said R.C. his Heirs or Assigns shall and will on this side and before the Feast of, &c. next ensuing the date of these [Page 241]Presents, at and upon the reasonable request, Costs and Charges in the Law of the said C. R. his Heirs or Assigns, by Fine or Fines, with Proclamation in due form of Law to be levied, Feoffment or Feoffments, Recovery or Recoveries, with single or double Voucher or Vouchers, or by any such good and sufficient means, Conveyance or Assurance in the Law, as by the said C. R. his Heirs or Assigns, or his or their Counsel learned in the Law shall be lawfully and reasonably devised, advised or required, convey and assure, or cause to be conveyed and assured unto the said C. R. his Heirs and Assigns, all that, &c. and the Reversion and Reversions, Remainder and Remainders thereof, and of every part and parcel thereof with the Appurtenances; as also all and singular Deeds, Evidences, Escripts, Muniments and Writings whatsoever, touching or concerning the said, &c. and Premisses with the Appurtenances, or any part or parcel thereof, To have and to hold the said, &c. and other the Premisses with the Appurtenances, unto the said C.R. his Heirs and Assigns for ever. And that the said Fine and Fines, Recovery and Recoveries and the Execution thereof, as likewise all Conveyances and Assurances whatsoever, to be had and made according to the tenor, effect and true meaning of these Presents, shall be and enure, and shall be continued, reputed and taken to be and enure to the only use and behoof of the said C. R. his Heirs and Assigns, and to no other use, intent or purpose whatsoever (with Covenants that he is lawfully seized, and hath power to sell, and that C. R. shall enjoy free from Incumbrances, and for further Assurance as is usual.)
In witness, &c.
A Covenant for the Attornment of Tenants.
AND the said R. C. for himself, his Heirs, Executors and Administrators doth covenant and grant to and with the said C. R. his Heirs and Assigns by these Presents, That all and every the now Holders and Occupiers of the Premisses aforesaid, shall and will before the Feast of, &c. now next coming, attorn and become Tenants unto the said C. R. his Heirs or Assigns, of and for their several and respective Tenements, whereof or wherein they or any of them have or hath any particular Estate or Estates in being, and which are parcel of the Premisses before mentioned to be granted.
A Covenant to produce Writings, for defence of the Title to the Lands sold.
AND the said R. C. for himself, his Heirs, Executors and Administrators doth covenant, grant and agree to and with the said C. R. his Heirs and Assigns by these Presents, That if the said C. R. his Heirs or Assigns shall at any time or times hereafter, have need or occasion to plead, shew forth or give in Evidence, any Letters-Patent, Deeds, Evidences or Writings (whereof the said R. C. hath covenanted to deliver Copies as aforesaid, and which are not hereby bargained and sold) of him the said R. C. touching or concerning the Premisses or any part thereof, for the maintenance and defence of the Title of the said C. R. of, in and to the Premisses or any part thereof, or for any other just and reasonable occasion in any wise touching or concerning the Premisses or any part thereof, That then and so often the said R. C. his Heirs and Assigns upon request, in [Page 243]that behalf to be made by the said C. R. his Heirs or Assigns, and at the Costs and Charges of the said C. R. his Heirs or Assigns shall and will produce and shew forth, or cause to be produced and shewed forth, all and singular the said Letters Patent, Deeds, Evidences and Writings, or so many of them as shall be thought needful by the said C. R. his Heirs or Assigns in any Court or Courts of Record or elsewhere, for the maintenance and defence of the Title of the said C. R. of, in and to the bargained Premisses, or any part or parcel thereof or for any other just and reasonable Cause as aforesaid, and shall and will permit and suffer the same there to remain so long as the said C. R. his Heirs or Assigns shall use or have occasion for the same.
A Covenant to pay back Purchase-Mony of the Lands sold, or any part thereof evicted within ten years.
AND it is covenanted, granted, concluded and fully agreed by and between all the said parties to these Presents; And the said R. C. for himself, his Heirs, Executors and Administrators and for every of them doth covenant, grant and agree to and with the said C. R. his Heirs and Assigns by these Presents, That if it shall happen at any time or times hereafter within the space of ten years, to be computed from the day of the date hereof, the said Messuage or Tenement, &c. and other the Tenements herein before mentioned to be bargained and sold, or any part or parcel thereof, upon any prior or former Title to be by any person or persons whatsoever recovered or otherwise lawfully evicted from the said C. R. his Heirs or Assigns by due course of Law, or that any Decree in or upon any Bill of Complaint in a [Page 244]Court of Equity shall pass or be made, or that any Judgment in any Suit or Action real or personal shall be given against him the said C. R. his Heirs or Assigns, whereby his or their Title of and in the said Premisses or any part thereof may be in any wise avoided, adnulled or defeated, That then and in such case he the said R. C. his Executors or Administrators shall within three Months next after notice given of such Recovery, Eviction, Decree or Judgment so had and given by the said C. R. and upon reasonable request in that behalf to be made unto him the said R. C. his Executors or Administrators well and truly pay or cause to be paid unto the said C. R. his Heirs or Assigns, so much lawful Mony of England as the said Premisses or any part thereof so happening to be evicted or recovered, or whereunto the Title of the said C. R. his Heirs or Assigns shall be so avoided, adnulled or defeated as aforesaid, shall amount unto at the rate of eighteen years purchase for the value thereof, according to the rate the same was valued at the time of the purchase thereof by the said C. R. as aforesaid.
A Covenant to pay back the Purchase-Mony at the end of two years, if the Purchaser dislike; and if he likes, then to pay a further Sum of Mony.
AND the said R. C. for himself, his Heirs, Executors and Administrators doth covenant and grant to and with the said C. R. his Heirs and Assigns by these Presents, That if the said C. R. shall at any time within the space of two years next ensuing the date hereof, dislike of the purchase of the said, &c. And thereof within the time aforesaid, shall give notice in Writing unto the said R. C. his Heirs, Executors or Administrators, [Page 245]That then he the said R. C. his Heirs, Executors or Administrators shall and will within three Months after such Notice given, and after a Reconveyance made thereof by the said C. R. his Heirs or Assigns unto the said R. C. his Heirs or Assigns, free from all Estates, Charges and Incumbrances whatsoever had, made or suffered by the said C. R. his Heirs or Assigns, at the Costs and Charges of the said C. R. his Heirs or Assigns, in such manner and form as the said R. C. his Heirs or Assigns, or his or their Counsel learned in the Law shall advise, well and truly pay or cause to paid unto the said C. R. his Heirs or Assigns for their Purchase of the Premisses, the Sum of 800 l. of lawful Mony of England. Provided always, that if the said C. R. his Heirs or Assigns shall not within the space of two years signifie as aforesaid his dislike of the said Purchase, That then he the said C. R. his Heirs or Assigns shall and will pay or cause to be paid unto the said R. C. his Heirs or Assigns the further Sum of 50 l. of lawful Mony of England, over and above the Mony by him already paid, for the clear and absolute purchase of the said, &c. within one Month after the end or determination of the said two years.
A Covenant not to claim Dower with a Release thereof.
TO all, &c. Know ye that the said R. C. for and in consideration of the Sum of 100 l. of lawful Mony of England to her in hand paid, before the sealing and delivery hereof by C. R. of, &c. who lately purchased of A. C. deceased, late Husband of the said R. C. a Messuage, &c. lying and being, &c. whereof he the said A. C. was seised of some Estate of Inheritance during the [Page 246]Coverture between him the said A. C. and the said R. C. the Receit whereof the said R. C. doth hereby acknowledge, hath covenanted, granted, concluded and agreed, and doth by these presents covenant, grant, conclude and agree to and with the said C. R. his Heirs and Assigns, that the said R. C. or her Assigns shall not at any time hereafter sue for, challenge or demand by Writ of Dower or otherwise, any Dower or Title of Dower out of the said Messuage, &c. or any part thereof; but that the said C. R. shall and may lawfully and quietly enjoy the said Messuage, &c. without the lett or interruption of the said R. C. or of any person or persons whatsoever, lawfully claiming by, from or under the said R. C. And the said R. C. for the consideration aforesaid, hath remised, released and for ever quit claimed, and by these Presents doth remise, release and for ever quit claim unto the said C. R. his Heirs and Assigns, all and all manner of Dower and Right, and Title of Dower whatsoever which she the said R. C. now hath, may, might, should or of right ought to have of, in and to the said, &c. and of, in or to any part or parcel thereof; so that neither she the said R. C. nor any other for her or in her name, any manner of Dower or Writ, or Action of Dower, or any manner of Right or Title of Dower of or in the said, &c. or any part or parcel thereof at any time hereafter shall or may have or claim or prosecute against the said C. R. his Heirs or Assigns or any of them; but of and from the same shall be utterly barred, and for ever excluded by these Presents.
In witness, &c.
The form of a Covenant of two Persons severally.
AND the said R. C. and C. R. severally and not jointly, nor one of them for the other, and for their several and respective Heirs, Executors and Administrators and for every of them respectively do covenant, &c.—Or thus, And the said R. C. and R. C. for themselves severally and respectively, that is is to say, each of them for himself, and for his several Heirs, Executors and Administrators, and for so much as concerneth or may concern his own Act or Acts only, and not one of them for the other, nor for the Act or Acts of the other, or of the Heirs, Executors, or Administrators of the other, doth severally and not jointly covenant, &c.—Or thus, And the said R. C. and C. R. severally and respectively each one for himself only, and for his respective Heirs, Executors, Administrators and Assigns, and not jointly, nor one of them for the other, nor for the act, or acts, Deed or Deeds, Matter, or Thing of the other doth covenant, &c.—Or thus, And the said R. C. C. R. and J. F. for themselves, severally and not jointly, nor one of them for the other, and for their and every of their several and respective Heirs, Executors and Administrators do Covenant, &c.
A Covenant by one, and two Husbands and their Wives.
AND the said R. C. for himself, his Heirs, Executors and Administrators, and for the said C. his Wife doth covenant, &c. If two Men and their Wives covenant severally— Thus, And the said R. C. himself, and for the said C. his Wife; and the said J. F. for himself, and for the [Page 248]said R. his Wife do severally and respectively, and for their several and respective Heirs, Executors and Administrators, and not one for the other, nor for the Wife of the other, nor for the Heirs, Executors or Administrators of the other Covenant, &c.—Or thus, And the said R. C. and C. R. for themselves and for their said Wives respectively, their Heirs, Executors and Administrators do severally and respectively covenant, &c, to and with the said J. F. and R. his Wife, and either of them, their and either of their Heirs, Executors and Administrators by these Presents, &c.
Note, That notwithstanding the appearance of Severalty in these Covenants, yet the matter of the Covenant after, whether in affirmation or negation being intire, it seems that any of the Covenants may be charged with the breach of another of them, unless there be after in the Deed added such a Proviso as followeth.
A Proviso that the Estate shall he void in default of payment of the Purchase-mony at the days limited.
A Proviso that an Estate shall be void in discharge of a Surety.
A Proviso to make void the use limited to the Wife, if she go about depart with her Estate.
A Proviso for preserving the Estate to Children, en ventre sa mere.
A Proviso that the Husband being Tenant for life, may make a Jointure to any other Wife, if the present should die.
A Proviso for a Tenant for life to make a Jointure, if he should marry.
Another to settle a Rent for a Jointure.
A Proviso for R. C. being Tenant for Life, and for his Issue to make Leases and Jointures by Deed or Will.
A Proviso, That R. C. shall make Leases for as long, and for what Rents he please.
A Proviso, that an Estate limited to Daughters shall cease on payment of their Portions by the Heirs.
Proviso, that an Estate for years limited to the Trustees shall be void after Portions paid.
A Proviso, that if other Lands be conveyed in lieu of those limited, then the use in them to be to another.
A Proviso to make void an Estate, if the Son Marry without the Fathers consent.
A Proviso to revoke and limit new Uses.
Another, where the Uses were raised by a Covenant to stand seized.
An Exception of Leases in a Proviso to revoke.
A Revocation of Uses in a Feoffment and a Limitation in Fee.
Know ye that I the said R. C. do by this my present Writing, under my Hand and Seal in the presence of A. B. C. D. and E. F. three credible Witnesses, whose Names are hereunder subscribed, revoke, determine and make void, and frustrate all and every Uses and Estates mentioned, raised, created and limited in and by one Indenture of Feoffment bearing date, &c. made between me the said R. C. of the one part, and C. R. J. F. and F. J. of the other part, of and for the, &c. with the Appurtenances in the said Indenture mentioned, and of, and for every part and parcel thereof; And I do by these presents absolutely determine, limit and appoint, That all and singular the Feoffees Parties and Persons in the said Indenture mentioned, and their Heirs and Assigns shall immediately and from henceforth stand and be seised of the said, &c. in the said Indenture mentioned, and of, and in every part and parcel thereof, to the only use and behoof of me the said R. C. my Heirs and Assigns for ever, in a pure and absolute Estate of Fee-simple;
In witness whereof, I the said R. C. have to this my Writing set my Hand and Seal in the presence of the said C. R. J. F. and F. J. this 20th day of March, in the 5th year of the Reign of, &c.
A Revocation of Uses, with the recital of the Proviso, and a Limitation of new Uses, viz. To R. C. for Life, and then to his Daughter and her Issue, and in default of Issue to his right Heirs in Fee.
Whereas by one Indenture bearing date, &c. made by me the said R. C. by the name of R. C. of, &c. of the one part, and C. R. J. F. and F. J. of the other part, for the Consideration therein mentioned, I did covenant, promise and grant, &c. [recite the Covenant to levy a Fine] which said Fine so to be acknowledged and levied as aforesaid, of all and singular the, &c. was in and by the said Indenture covenanted, granted, concluded and declared to be to such several uses and behoofs, and of such Estate and Estates, as are particulary in the said Indenture mentioned and set forth; And whereas in the said Indenture there is a Proviso contained as followeth, (That is to say,) Provided always, and it is the true intent and meaning of this present Indenture, and of all the Parties hereunto, that it shall and may be lawful to and for the said R. C. at any time during his Life by any Deed or Deeds, Writing or Writings, or by his last Will and Testament in Writing, by him sealed and subscribed in the presence of three credible Witnesses to alter, change, inlarge, revoke, frustrate and make void all and every or any the Use and Uses, Estate and Estates herein before expressed, limited, mentioned, declared or appointed to any person or persons, of and in the said, &c. or in any of them, or in any part or parcel thereof; And thereof, or of any part thereof to create, declare, limit or appoint any other Use or Uses, Estate or Estates to any Person or Persons [Page 269]whatsoever, in such sort, manner and form as the said R. C. shall think meet and convenient, and that at all times, and from time to time immediately, from and after such alteration, change, inlargement, revocation or making void, of all or any the said Use or Uses, Estate or Estates, Declaration, Limitation or Appointment of any other Use or Uses, Estate or Estates, All and every those Use and Uses, Estate and Estates of and in the said, &c. or of, or in any part or parcel thereof, or such of them as shall be so revoked and declared to be made void as aforesaid, shall cease, determine and be utterly void and frustrate; And that then, and from thenceforth the said Fine, and all and every other Conveyance and Conveyances, Assurance and Assurances, whatsoever had or at any time hereafter to be had or made between the said Parties, or any of them of the said, &c. or of such part thereof, whereof such other Use or Uses, Estate or Estates, shall be so limited or declared as aforesaid, shall be adjudged, deemed, construed and taken to be, and enure, and the said Cognizees of the said Fine, and the Survivor and Survivors of them, and the Heirs of the Survivor of them, shall immediately from thenceforth stand and be seized thereof, and of every part thereof, to and for such Use and Uses, Estate and Estates, Intents and purposes, and of such person and persons, and in such sort, manner and form as the said R. C. in or by such Deed or Deeds in Writing, or last Will and Testament in Writing to be sealed, subscribed and testified as is aforesaid, shall create and declare, limit, express and appoint, and to no other use, intent or purpose whatsoeever; And whereas, afterwards in performance of the Covenants, Grants and Agreements in the said recited Indenture mentioned one Fine, Sur Cognizance de droit come ceo, &c. was had, levied, acknowledged [Page 270]and executed, of and for, &c. in the Court of Common Pleas at Westminster, before his Majesty's Justices of the said Court, by me the said R. C. unto the said C. R. J. F. and F. J. which said Fine was had, levied and acknowledged to the Uses, Intents and Purposes, and with and under the several Provisoes, Conditions and Limitations in the said recited Indenture mentioned: Now know ye that I the said R. C. for divers good Causes and Considerations me moving, and by virtue of the said Proviso before mentioned, and Liberty, Power and Authority thereby to me given and reserved, have altered, changed, determined, revoked and made void; And by this present Writing, by me signed and sealed in the presence of the Persons under named, do alter, change, determine, revoke and make void, all and every the said Use and Uses, Estate and Estates, created, raised, declared, limited and appointed by the said recited Indenture and Fine, and either of them, And by force of the Statute of transferring Uses into possession of and in the the said, &c. and of or in any part or parcel thereof; And I the said R. C. out of the Fatherly love and affection, that I do bear unto M. C. my only Daughter and Heir apparent, now Wife to F. C. of, &c. and to the Heirs of her Body lawfully begotten, do by these presents, by virtue of the said Proviso, in the said recited Indenture contained, and the Liberty, Power and Authority therein and thereby to me given and reserved as aforesaid, create, declare, limit and appoint, That the said Fine so had, levied and acknowledged as aforesaid, of the said, &c. herein before mentioned, shall be and enure, And that the said Cognizees and their Heirs, shall stand and be seized of, and in the said, &c. and of and in every part and parcel thereof, to the use and behoof of me the said R. C. for and during the [Page 271]Term of my natural Life without Impeachment of Wast; And immediately from and after my decease, to the use and behoof of M. C. and F. C. her Husband, and of the Heirs of the Body of the said M. C. And in default of such Issue, to the use and behoof of the right Heirs of me the said R. C. for ever,
(here may be a Proviso for Revocation of these Uses.)
A Jointure with all Covenants usual therein.
THIS Indenture made, &c. Between J. F. of the one part, and R. C. and M. his Daughter of the other part witnesseth, That the said J. F. doth by these Presents, covenant and grant to and with the said R. C. his Executors and Administrators by these Presents, That he the said J. F. shall and will before the Feast of, &c. next ensuing the date hereof, marry and take to Wife the said M. C. Daughter of the said R. C. if the Laws of the Church will permit the same, and the said M. C. shall thereunto consent and agree. And the said R. C. for himself, his Executors and Administrators doth covenant and grant to and with the said J. F. that the said M. C. shall likewise before the said Feast, &c. marry and take to Husband the said J. F. if the Laws of the Church will permit the same, and the said J. F. shall thereunto consent and agree. And the said J. F. doth for himself, his Heirs, Executors and Administrators by these presents, in consideration of the said Marriage so to be had and solempnized, and for the full and entire Jointure of the said M. C. in case she shall happen to out-live the said J. F. And in full recompence and satisfaction of all the Dower, and Title of Dower which she the said M. C. by or after the death of the said J. F. shall or may have in any the, &c. whereof the said J. F. shall [Page 272]during the Coverture between him the said M. C. be seized of any Estate of Inheritance and for the advancement of the said M. C. and of the Heirs Males of the Body of the said J. F. upon the Body of the said M. C. lawfully to be begotten: And for divers other good Causes and Considerations him the said J. F. thereunto moving, doth for him and his Heirs covenant and grant to and with the said R. C. his Heirs, Executors and Administrators in manner and form following, that is to say, That he the said J. F. and his Heirs, and all and every person and persons, and his and their Heirs which now stand and be seised of and in all that, &c. and of and in every part and parcel thereof, shall from and after the said Intermarriage, stand and be seised of all and singular the said, &c. with the Appurtenances, to the only uses and intents hereafter in and by these presents expressed, limited and declared, and to no other use, intent or purpose whatsoever, that is to say, To the only use and behoof of the said J. F. and his Heirs until the said Marriage. And from and after the said Marriage had, then to the use and behoof of the said J. F. and M. for and during the terms of the natural Lives of them the said J. F. and M. and of the longer Liver of them. And from and after the decease of the Survivor of the said J. F. and M. to the use and behoof of the Heirs Male of the Body of the said J. F. upon the Body of the said M. lawfully to be begotten▪ And for default of such Issue, to the use and behoof of the right Heirs of the said J. F. for ever.
And the said R. C. doth for himself, his Executors, Administrators and Assigns, covenant, grant and agree to and with the said J. F. his Executors and Administrators by these presents, That in case the said Marriage between the said J. F. and the said M. C. Daughter of the said R. C. do take effect, [Page 273]and be solempnized at or before the said Feast of, &c. herein before-mentioned, he the said R. C. his Executors or Adminstrators shall and will within six Months after the said Marriage had and solempnized, pay or cause to be paid unto the said J. F. his Executors or Administrators, as the Marriage Portion of the said M. the sum of 2000 l. of lawful Mony of England, at or in the now dwelling House of the said J. F. situate, &c. And the said R. C. also for himself doth covenant and grant to and with the said J. F. his Executors and Administrators by these presents, That in case the said Marriage shall take effect according to the true meaning of these presents, That then the said R. C. shall and will well and sufficiently maintain, provide for, find keep and sustain the said J. F. and M. his Wife, and all the Issue of their two Bodies begotten from time to time, and at all times immediately from and after the said Marriage between the said J. F. and M. so to be had and solempnized as aforesaid, during the natural life of him the said R. C. with sufficient and convenient Meat, Drink, Lodging and Houseroom according and suitable to their Quality and Degree.
And farther, That the said R. C. shall and will either in the life-time of the said R. C. or by his last Will and Testament, leave, give, devise and assure, or cause to be well and truly contented and paid unto the said J. F. or to the said M. in case she shall survive the said J. F. or to the Children or Child to be begotten between them, in case the said J. F. and M. shall both happen to die in the life time of the said R. C. to be Equally divided between them the sum of 1000 l. of lawful Mony of England (over and beside the sum of 2000l. herein before-mentioned to be paid to the said J.F. as and for a Marriage Portion with the said M. [Page 274]to be paid within two years after the decease of the said R. C. in case the same shall not be paid or satisfied in his life-time.
And the said J. F. doth for himself, his Executors, Administrators and Assigns, covenant, promise, grant, conclude and agree to and with the said R. C. his Executors and Assigns by these presents, That if the Marriage between him the said J. F. and the said M. shall take effect, and be had as aforesaid; and if the said M. shall happen to survive and outlive him the said J. F. and shall at any time after the decease of the said J. F. be lawfully evicted or put out, of or from the said, &c. limited to her as aforesaid for her Jointure, or any part or parcel thereof, That then the Executors or Administrators of the said J. F. shall well and truly pay or cause to be paid unto the said M. so much lawful Mony of England for the said premisses or part thereof, being so evicted from the said M. as aforesaid, as the same shall Amount unto at Rate of seven years purchase, for and according to the yearly Value of the same, within six Months after such eviction.
And the said J. F. further for himself, his Executors and Administrators, doth covenant and grant to and with said R. C. his Executors and Administrators by these presents, That in case the said M. shall happen to depart this life within two years after the said Marriage had and solemnized as aforesaid, without having any Issue of her Body, lawfully begotten by the said J. F. then living, That then and in such case the said J. F. his Executors or Administrators shall and will, for and in respect of the said sum of 2000 l. of lawful Mony of England by him received as aforesaid, as the Marriage Portion of the said M. repay and satissfie, or cause to be repaid and satisfied unto the said R. [Page 275]C. the sum of 1000 l. of lawful Mony of England at one entire payment, within four Months next after the decease of the said M.
And it it is further covenanted, granted concluded and agreed by the said J. F. for himself his Executors and Administrators, That if the said Marriage shall take effect, and if the said M. shall outlive the said J. F. and after his decease shall agree to and refuse to accept of the said, &c. hereby setled on her as aforesaid, for and in the name of her Jointure, and shall commence or sue any Action at law for any Lands, Tenements or Hereditaments, which are the Inheritance of the said J. F. during the covertue between them for her Dower, or upon her Title of Dower, That then and from thenceforth, f [...]om and after the commencement of such Action or Actions, Suit or Suits, the Uses and Estates herein before limited shall cease, determin and be utterly void, and then and from thenceforth the said [these must be Trustees when this Covenant issued] H. J. and K. L. shall stand and be seized of all and every the premisses aforesaid, to the use and behoof of the said J. F. his Heirs and Assigns for ever, any thing herein contained to the contrary notwithstanding
And the said J. F. for himself, his, &c. doth covenant and grant to and with the said R. C. his &c. That if the said M. after the said Marriage had and solempnized, do happen to die in the life-time of the said J. F. that it shall and may be lawful to and for the said M. at her free will and pleasure to make, publish and declare one Will and Testament in writing, under her Hand and Seal, and thereby to dispose, will, give and bequeath to any her Children, Servants or Friends, for their preferment and advancement, any sum or sums of Mony whatsoever, not exceeding in the whole, the sum of 400 l. of the Goods and [Page 276]Chattels of him the said J. F. without any Lett disturbance or contradiction of the said J. E. and in as large and ample manner as if the said M. were then a Feme-sole and unmarried.
And lastly, the said J. F. for himself, his Heirs, Executors and Administrators, and every of them doth by these Presents, covenant, promise and grant to and with the said R. C. his Heirs and Assigns and every of them, that the said, &c. And all and singular other the premisses with the appurtenances herein beforementioned, now are and be, and so at all times hereafter, and from time to time shall be, remain and continue unto the uses, intents and purposes, before, in and by these presents, limited, expressed and declared, free and clear, and freely and clearly acquitted, exonerated and discharged, or otherwise upon every reasonable request in that behalf to be made, well and sufficiently saved, defended and kept harmless, of and from all manner of former and other Bargains, Sales, Gifts, Grants, Leases, Jointures, Dowers, Uses, Wills, Intails, Fines, Feoffments, Recoveries, Statutes-Merchant and of the Staple, Recognizances, Judgments, Executions, and of and from all other Charges, Titles, Troubles and Incumbrances whatsoever, had, made, committed or done, or to be had, made, committed or done by the said J. F. or by any other person or persons whatsoever by his means or procurement (all such Leases, particular Estates and Interests as he the said J. F. hath heretofore made to any person or persons whatsoever, of or upon the said, &c. and other the premisses, or of or upon any part or parcel thereof; upon which Leases and Estates there is reserved the old and accustomed yearly Rent or Rents, or more, which shall continue yearly due and payable during the several Terms, Estates and Interests as aforesaid) only excepted and foreprized.
A Warrant for the Overseers of the Poor to name other fit Persons.
To the Constable and Borsholders of D. in the Hundred of F. and to every of them. 43 E. c. 2
These are in his Majesty's Name to command you to give notice to the Church-wardens and other the Overseers of the Poor of D. That they are by us required personally to appear before us at the House of R. C. in A. &c. upon Wednesday the 10th day of March, at eight of the Clock in the Forenoon of the same day, to make and yield up unto as a true and perfect account in Writing of all Sums of Mony by them received, or rated or assessed, and not received for and towards the relief of the Poor of D. and also of such Stock to set the Poor at work, as is in their hands, or in the hands of any of their said Poor to work, and of all other things concerning their said Office: And that hereof they fail not at their Perils. And you are farther hereby commanded to signifie unto them, That they do then and there also certifie unto us the Names of such other substantial Housholders of D. as are thought meet to be Overseers of the Poor there for the year ensuing. Fail not at your Perils,
Given under our Hands and Seals at the, &c.
A Warrant for making new Overseers of the Poor. 43 E. 2.
ACcording to the Form of the Statute in such case made and provided, We whose, Names are hereunto subscribed (his Majesty's Justices of the said County, do nominate and appoint you whose Names are underwirtten) [Page 278]to be together with the Church-wardens of the Parish of R. in the County aforesaid, Overseers of the Poor of the said Parish for the year ensuing; and to be and do and perform all such things, in and touching the said Office, as by Law is required, whereof you are not to fail at your Perils.
A Warrant to make Overseers of the Poor, impowring them and the Church-wardens to Collect and Distrain for the Poors Tax. 43 E. 2.
WHereas by virtue of an Act of Parliament, intituled An Act for Relief or the Poor, in the forty third year of, &c. We whose Names are subscribed, his Majesty's Justices of the Peace in the said County of S. and one of Us of the Quorum, dwelling in or near the Parish of B. in the said County of S. Have nominated and appointed R. C. and C. R. together with F. J. Church-wardens for time being, according to the said Act of Parliament, to be Overseers for the Poor of the said Parish; and to receive the several Sums of Mony taxed and assessed by them, on the several persons, on the 10th day of December instant. These are therefore, according to the said Act of Parliament, to authorize you the said Churchwardens, and Overseers of the Poor, or any of you, to collect and receive all such Sums of Mony as aforesaid, and the same respectively to levy of such persons as shall refuse to pay the aforesaid Assessment, by way of Distress, and Sale of their Goods, for so much, rendring the overplus, if any [Page 279]be, to the party or parties distrained; and for default of distress, We require all Constables and other Officers, to bring before Us or some other his Majesty's Justices of the Peace of this County, the Bodies of all such persons, where no distress can be had, that further course may be taken with them according to Law.
Dated the 10th day of December, in the fifth year, &c.
A Confirmation of the Poors Tax. 43 E. 2.
SEen, ratified and allowed by Us whose Names are hereunder written, two of his Majesty's Justices of the Peace within the County aforesaid: And We do hereby authorize the present Church-wardens and Overseers for the Poor within the Parish of B. and every of them, to levy by way or distress and sale of the Goods of all such persons as shall refuse or neglect to pay the several Taxations aforesaid, upon him imposed, rendring to the Owners the overplus which remain upon the said sale, according to the Statute in that case made and provided.
Given under our Hands and Seals, &c.
A Warrant to levy the Arrears (due to the Parish by) the former Overseers Account.
To the Church-wardens, and other the Overseers of the Poor of the Parish of B. in the said County, and to every of them. 43. E. 2.
Forasmuch as upon your complaint, it appeareth unto Us, that R. C. and C. R. Church-wardens of the Parish aforesaid, and J. F. and F. J. Overseers of the Poor of the said Parish, in the year of our Lord, &c. upon their account by them made and yielded, of and for the [Page 280]Monies by them received and disbursed, for and in Execution of their Office, according to the Form of the Statute in that case made and provided, were in arrear and behind to the said Parish, Ten pounds, and have not yet paid the same over to you; These are therefore in his Majesty's Name to command you, that you or some of you do levy the said Ten pounds by distress and sale of the Goods of the said R. C. and C. R. J. F. and F. J. rendring to them the Overplus; And in default of such Distress, That then you do forthwith certifie the same unto us, to the end we may further do therein, as to Justice doth appertain. Hereof fail not.
Given, &c.
A Warrant to distrain for the Poors Tax.
To the Churchwardens, and other the Overseers of the Poor of the Parish of B. in the said County, and to every of them. 43 E. 2.
FOrasmuch as Complaint hath been made by you, unto us, That the several persons here under-named, have refused to pay unto you the several Sums of Mony adjoining to their several names, being assessed upon them severally, for and towards the necessary relief of the Poor of the said Parish according to the Form of the Statute in that case made and provided. These are therefore in his Majesty's Name to command you, that you, some or one of you do forthwith levy the said several and respective Sums of Mony, by distress and sale of the several and respective Goods of the said several and respective Offenders, rendring to the Parties the Overplus; and in defect of such Distress, that then you, some or one of you do certifie the same unto us, to the end that [Page 281]there may be such further proceeding touching the premisses, as to Justice doth appertain.
Given under our Hands, &c.
- R. C. 1 l. 5 s. 6 d.
- C. R. 6 l. 5 s. 1 d.
A Mittimus where no Distress can be had.
To the Keeper of his Majesty's Gaol for the said County at H. in the County aforesaid.
FOrasmuch as is appeareth unto us, That R. C. of, &c. was assessed and rated at the Sum of 25 s. 6 d. for and towards the necessary Relief of the Poor of the said Parish, according to the Form of the Statute in that case made and provided; and that for his refusal of payment of the same, a Warrant was, according to the Form of the Statute, directed to the Churchwardens, and other the Overseers of the Poor of the Parish aforesaid, under the Hands and Seals of W. M. R. F. &c. his Majesty's Justices of the Peace for the County aforesaid: And for that it now appeareth unto us, That the said R. C. hath no Goods or Chattels, by Distress and Sale whereof the said Mony can be levied, nor will he yet pay the Monies aforesaid; We therefore do send you herewithal the Body of the said R. C. commanding you to receive him into the said Gaol, there to remain without Bail or Mainprise, until he shall pay the Monies aforesaid. Hereof fail not at your Peril.
Given, &c.
Upon the Statute of 14 Car. 2. cap. 12. A Warrant to remove out of the Parish, one lately come thither, and likely to be chargeable.
To the Church-wardens, and others the Overseers of the Poor of the Parish of B. in the said County, and to every of them.
WE whose Hands and Seals are hereunto set, two of his Majesty's Justices of the Peace of the said County, whereof one is of the Quorum, have heard the Complaint by you made unto us, That R. C. hath within forty days before the said Complaint, come into your said Parish to settle there in a Tenement under the yearly value of 10 l. and that he is likely to be chargeable to the Parish aforesaid, and was last legally setled at R. in, &c. by the space of forty days at the least, as Native, Housholder, Sojourner, Apprentice or Servant there: These are therefore in his Majesty's Name, and according to the Form of the Statute in that case made and provided, to require and authorize you and every of you, that you, some or one of you do remove and convey the said R. C. to R. aforesaid, where he was so last legally setled, unless he give sufficient Security for the discharge of your said Parish, to be allowed by us.
Given under our Hands and Seals, &c.
A Warrant to send a Wife and Child to her Husband.
To the Overseers of the Poor of the Parish of B. in the said County, and to every of them. 2 Justices.
FOrasmuch as Complaint hath been by you made unto us, That C. the Wife of R. C. an Inhabitant of the Parish of B. in the County aforesaid, is lately come into your said Parish of B. and hath brought with her thither a Male Child of the said R. and C. of the Age of, &c. or thereabouts; And that both the said C. and Child are likely to be chargeable to your said Parish, and you have thereupon craved from us such Relief, touching the Premisses, as is by Law appointed: These are therefore in his Majesty's Name to authorize and appoint you, that you, some or one of you do convey the said C. and Child to the said Parish of B. and there to deliver them to the said R. in case you can there find him, to be with him setled according to Law; and in case you cannot find him there, then to deliver the said C. and Child to the Overseers of the Poor of the said Parish of B. to be disposed of according to Law.
Given under, &c.
A Warrant for apprehending one for returning to the Parish from which he was removed.
To the Constables and Borsholders of the Hundred of in the said County, and to every of them, and to the Keeper of the House of Correction, for the said County at A. in the County aforesaid. 14 Car. 2. cap. 12. 1 Justice.
WHereas R. C. in July last, legally setled as a, &c. in the Parish of F. came into the Parish of C. to settle in a Tenement there, under the yearly value of 10 l. and likely to be chargeable to the said Parish, was upon Complaint thereof made by the Church-wardens and Overseers of the Poor for the said Parish, according to the Form of the Statute in that behalf made, by Warrant to the said Church-wardens and Overseers, according to the Statute aforesaid, directed, by them removed and conveyed to the aforesaid Parish of F. there to remain according to the said Statute: Since which, the said R. C. did return of his own accord to the said Parish of C. from whence he was so removed: These are therefore in his Majesty's Name to command you, that you, some or one of you, do cause the said R. C. to come before us, some or one of us, at the House of, &c. called, &c. in the said County, the 10th day of January next ensuing, at nine of the Clock in the Forenoon of the same day, to shew the cause why he returned to the said Parish of C. and further to do and receive as to Justice doth appertain. Hereof fail not at your perils.
Given, &c.
A Warrant to pay Arrears, and continue weekly Relief to the Poor.
To the Church-wardens and Overseers of the Poor for the Parish of B. and to every of them.
WHereas Complaint hath been made unto me by A. C. of your said Town, That you R.C. and C. R. the now Overseers of the Poor of your said Parish, formerly paid unto the said A. C. the Sum of two Shillings per Week, for and towards the maintenance of her self and Children, and that you do now suspend the payment thereof, whereby the said A. C. is utterly disabled to provide for her self and Children: These are therefore in his Majesty's Name to charge and command you the said Overseers, that presently upon sight hereof, you, or some or one of you, pay unto the said R. C. all such Arrears as are become due, since your forbearing the payment thereof, and that you continue to pay her the former Allowances of two Shillings weekly for the future, or forthwith to shew cause why you refuse to do so. And hereof, &c.
A Bond and Condition to the Churchwardens and Overseers of the Poor, to save a Parish harmless upon inhabiting there.
Noverint universi, &c. A. & B. teneri, &c. C. & D. in sexaginta libris, &c. (ut in al.)
Sealed and delivered in the presence of [...]
THE Condition of this Obligation is such, That whereas one R. C. is now lately come to inhabit and dwell within the said Parish of B. and likely to be chargeable to the same; If therefore [Page 286]the said A. and B. or either of them, their or either of their Executors, Administrators or Assigns, or every, or any of them, do and shall from time to time, and at all times hereafter fully and clearly acquit, discharge, save harmless and indempnifie, as well the within named C. and D. Church-wardens of the Parish Church of B. aforesaid, and the now Overseers of the Poor of the said Parish and their Successors, as also all the Inhabitants and Parishioners of the said Parish, which now are or at any time hereafter shall be there resident, and every of them, of and from all, and all manner of Costs and Charges, Payments, Taxes and Expences whatsoever, which shall or may at any time hereafter in any manner arise, happen, come, grow due or be imposed upon them or any of them, for or by reason or means of the said R. C. his Wife or Children, or any of them, which shall be so residing, living or inhabiting in the said Parish of B. and of, and from all Troubles, Charges and Demands whatsoever concerning the same, That then this Obligation shall be void, or else shall stand and be in full force and virtue.
A Release to one that paid 20 l. to be freed from keeping a Bastard Child.
Whereas there was a Bastard Child born within the said Parish of B. begotten on the Body of one H. E. And whereas R. C. of, &c. is adjudged the reputed Father thereof, [Page 287]And whereas it is agreed by and between the said A. B. and C. D. and the rest of the Inhabitants of the said Parish of B. and the said R. C. That for and in consideration of the Sum of 20 l. of lawful Mony of England, to be paid to us the Overseers for the Poor by the said R. C. We the said Overseers and our Successors, and the rest of the Inhabitants of the said Parish of B. should provide for, take care of and maintain the said Child, and save harmless, and indempnifie the said R. C. of and from the keeping and maintaining it, and of and from all Taxes, Charges and Payments, now already or hereafter to be taxed or charged upon the said R. C. for or in respect thereof: Now know ye that we the said A. B. and C. D. have according to, and in full of the said Agreement had and received of the said R. C. the Sum of 20 l. and do by and with the consent and direction, and for and on the behalf of our selves, and the rest of the Inhabitants of the said Parish of B. acquit, release and for ever discharge him the said R. C. from the said Sum of 20 l. and from the keeping or maintaining the said Child, and of, and from all Charges, Taxes and Payments, now or hereafter to be charged or taxed upon him the said R. C. for or concerning the same.
In witness, &c.
An Indenture of an Apprentice put out by the Parish.
THis Indenture made the, &c. Between R. C. and C. R. Churcwardens of the Parish of B. in the County of S. and J. F. and F. J. Overseers of the Poor of the same Parish of B. of the one part, and R. R. of, &c. of the other part witnesseth, That the said Churchwardens and Overseers, by the assent of his Majesty's Justices of the Peace of the said County, whoses Names are hereunto [Page 288]written, according to the Form of the Statute, made in the 23d. year of the Reign of the late Queen Elizabeth, Intituled, An Act for the Relief of the Poor, Have put out and bound L. A. a poor Child of the said Parish of B. Apprentice to the said R. R. till the said L. A. shall come to the Age of four and twenty years, during which time the said Apprentice, his said Master well and faithfully shall serve, his Secrets keep, his Commandments lawful and honest every where, willingly shall do; He shall do no hurt nor damage to his said Master, nor consent to be done by others, but to his power shall let the same, or give notice thereof to his said Master; He shall not waste the Goods of his said Master, nor lend them to any person without his consent; He shall not frequent Taverns, Inns or Alehouses, except it be in doing his said Masters Business there; He shall not during the said Term play at Cards, Dice or other unlawful Games; He shall not either by day or night absent himself from his said Masters Service; But in all things as a good and faithful Servant shall demean himself towards his said Master and all his: And the said R. R. his said Apprentice shall during the Term aforesaid, educate and bring up, or cause to be educated and brought up in his Trade, with due and reasonable chastisement, and find and allow unto him during the said Term sufficient, wholesome and competent Meat, Drink Lodging, Washing, Apparel, and all other necessaries meet for such an Apprentice; And in the end of the said Term shall find, provice for and deliver unto his said Apprentice double Apparel; That is to say, Apparel meet for him to have and wear, as well on the Lord's Day as on the Working-Days, both of Linen and Woollen, Hose, Shoes and all other necesseries, meet for such an Apprentice to have and wear;
In witness whereof the Parties [Page 289]above said to these present Indentures, have hereunto interchangably set their Hands and Seals, the Day and Year above written.
A Certificate of a Man's Honesty.
WER. C. Minister of the word of God, in the Parish of B. in the said County of S. C. R. of B. aforesaid, Constable of the Hundred of B. A. B. and C. D. Church wardens of the said Parish, &c. B. A. D. A. E.A. and A. E. of the said Parish, and most of us Freeholders within the same, do hereby certifie to all whom it may concern, That F. R. one of the Inhabitants of the said Parish, of B. is, and by the space of five years last past, hath been a Householder within the said Parish, and by all that time hath behaved himself, and lived in good sort, and reputed a Man of honest Conversation, and hath paid according to his degree all manner of Taxes and Assessments, as other the Inhabitants of the said Parish have done.
In witness whereof we have hereunto set out Hands, the tenth day of December, Anno Dom. 1699.
The Examination of a Person Robbed on the High-way.
The Examination of R. C. of A. in the County of S. Gent. Taken before F. J. Esq; one of the Justices of Peace for the County of M. on the 10th day of December, Anno Dom. 1699. Oath.
THIS Examinat deposeth and saith, That as he was Riding on Monday the 9th day of December last past from the Town of L. in the County of M. to W. in the same [Page 290]County he was Assaulted in the Common Highway, leading from one of the said Towns to the other, at or near a place there called B. at about nine of the Clock in the Forenoon of the same day by two Horse men, who there seized upon this Examinat, and presenting each of them a Pistol at him Bid him stand and deliver his Mony, which this Examinat for the saving of his Life was forced to do; And this Examinat further saith, That he is since informed that the said place is in the Parish of C. and within the Hundred of E. in the said County; And this Examinat further saith and deposeth, that the said Thieves did then and there Feloniously take from him, and Rob him of 20 l. in Mony, and four gold Watches, in all to the value of 138 l. And this Examinat further saith, that he then did not nor yet doth know the Parties that committed the said Robbery, or either of them.
The Examination of a Person Robbed by three Men, one of whom he knew.
The Examination as before.
R. C. of C. in the County of S. Gent. did on the present 10th day of December in the 5th year of the Reign of, &c. personally come before me S. M. Esq; one of their Majesty's Justices of the Peace, for the said County of S. Inhabiting, &c. and upon his Corporal Oath then taken before me did say, That about a Month since he was Riding from C. aforesaid, towards H. in the said County of S. and in the High-way within the Parish of B. in the said County of S. he was set upon by three [Page 291]persons and by them Robbed, and they took from him, &c. And he saith and deposeth, that he doth know one of these persons, and saith that his name is V. W. a Kentish Man, Born in, &c. and of the Age as he judges him of thirty years or thereabout, and the other he saith he knoweth not.
A Warrant for a Hue and Cry after a Felen.
Sir W. M. Knight, One of his Majesty's Justices of the Peace for the said County, To all Constables, Borsholders and other his Majesty's Officers, within the said County or elsewhere, within the Realm of England, whom the Execution hereof may concern, Greeting. 1 Just. 28 Ed. 3. cap. 11.
VVHereas I have received information and charge against C. R. who is a person of Evil Fame, (describing his Personage, Age and Apparel,) who is charged before me to have Assaulted, and taken from the person of J. F. on the 10th day of October last at, &c. One hundred, &c. (as in the Information) and he the said C. R. is very much suspected to have committed several other Felonies, and notwithstanding several endeavours for the apprehension of him he hath not as yet been apprehended, but hath withdrawn himself and is fled; These are therefore in his Majesty's Name to command you, and every of you to make diligent search within your several Precincts for the said C. R. and to make Huy and Cry after him from Town to Town, and from County to County, and that as well by Horse-men as Foot-men according to Law; And if you shall find the said C. R. That then you do carry him before some one of his Majestie Justices of the Peace, within the County or Place [Page 292]where he shall be taken, to be dealt with according to Law.
Given under my Hand and Seal, &c.
A Warrant to Search for one who hath Stollen a Gelding.
R. C. Esq; &c. (as in the next before.)
WHereas I have received information that a Grey Gelding about fourteen hands high, with a long tail and four white feet, aged about five years, being the Gelding of J. F. of, &c. was in the night of the 10th day of this Instant December, Stollen out of his Land in C. aforesaid, and that he suspecteth a person whose name he knoweth not, being very Tall of Stature aged about five and twenty years, and in saddish coloured Cloaths lined with blew, to have Stollen this Gelding as aforesaid; These are therefore in his Majesty's name to command you and every of you to make diligent Search within your several Precincts, for the Gelding and person aforesaid, And to make Huy and Cry after the said person from Town to Town, and from County to County according to Law; And if upon your search or otherwise, you shall find the said Person or the Gelding aforesaid, or other just cause of suspicion, That then you carry the said person, or other persons suspected before some one of his Majesty's Justices of the Peace of the County, or place where he or they shall be taken, to be dealt with according to Law. Hereof fail not at your perils;
Given under &c.
An Indenture of a Copartnership between four, for Affairs Domestick and Foreign.
THIS Indenture Quadripartite made the, &c. between R. C. of, &c. of the first part, C. R. of the second part, J. F. of the third part, and F. J. of the fourth part witnesseth, That the said Parties for the affiance, trust, and confidence which each of them hath, and doth repose in the other, Have concluded and agreed to become Copartners and Joint-traders together, in such Trades and Merchandizing, as well within the Kingdom of England, as also in Holland and elswhere in Parts beyond Sea, where the said Parties shall think fit to Trade and Merchandize for their most benefit, advantage and profit; And that for and during the space of five years, to be computed from the day of the date hereof, from thence next ensuing and fully to be compleat and ended.
And to that end and purpose, the said Parties have added and put together a Joint-stock, to be implied in and about the said Joint-trade; That is to say, the Sum of 10000 l. of lawful Mony of England, viz. the said R. C. for his part 2500 l. the said. C. R. for his part, other 2500 l. The said J. F. for his part 2500 l. and the said F. J. 2500 l. more, being the Remainder of the said 10000 l.
Which said Stock shall be occupied and imploied together, upon an account of fourths both in profit and loss, The whole in four equal parts to be divided, whereof the said R. C. his Executors and Administrators, is and are to have, and bear for his and their parts one fourth part thereof, both in profit and loss, The said C. R. his Executors and Administrators, one other fourth part thereof, for his and their part both in profit and loss, The said J. F. his Executors and Administrators, another [Page 294]part thereof both in profit and loss, And the said F. J. his Executors and Administrators, the other fourth part thereof, both in profit and loss, for his and their parts, according to the true intent and meaning hereof.
Which said Transaction, Trade and Business for the consideration hereafter named, is to be done and performed as followeth; That is to say, The said J. F. during the said Copartnership, to have the sole receiving, keeping and charge of all the Cash and Mony, and of all the Cloaths, Bays and Stuffs, and of all the Bonds, Bills and Specialties belonging to the Joint account here in England; And of all Goods and Wares to be received from beyond the Seas, for and upon the said Joint account; And also the charge of the Writing, true keeping and custody of the Books to be kept here in England, touching the said Joint account and business in Copartnership, within the Dwelling-house of the said J. F. in London, for the time being, And the puying of the said Cloaths, Bays and Stuffs, and the selling of all Goods to be received from beyond the Seas, and the receiving of Monies, and the ordering and disposing of them, and the other joint business is to be equally acted and performed by the said J. F. and C. R. And that the said F. J. shall have the management and transaction of the Affairs relating to the said Copartnership and Joint-trade, which are to be managed, done and transacted in the Parts beyond the Seas.
Whereupon it is concluded and agreed, by and between the said Parties to these Presents, And each and every of the said Parties, by and for himself, his Executors and Administrators, doth covenant and grant to and with each and every other of them, his Executors and Administrators by these presents, as hereafter in manner and form [Page 295]followeth. First, That the said Copartnership shall continue without ceasing, in form hereunder declared, from the day of the date hereof, until the full end and term of five years, from thence next ensuing and fully to be compleat and ended; And that every of the said Copartners in the several businesses before mentioned, to be by them severally done and performed, and all other matters and things touching the said Copartnership, shall and will from time to time to time during the said five years, perform and do his and their best endeavour, care and diligence, for the most and best profit, commodity and advantage of them the said Copartners, And that each and every of them the said Copartners shall be faithful, just and true unto the other of them therein.
And that all Gains and Increases, happening or coming of, or by the said Joynt-trade and Copartnership, shall be indifferently and equally parted and shared, by and between the said parties, their Executors and Administrators as is before prescribed and set down; And that all Debts, Charges and Losses likewise arising, happening and growing to be paid and born for or by reason of the said Joint-trade and Copartnership, shall be in like manner paid, born and sustained by and between the said Parties, their Executors and Administrators in four equal parts, as is before mentioned, and according to the true intent and meaning of these Presents.
And that every of the said parties shall from time to time hereafter, perform and do his and their best endeavour, diligence and travel as need or occasion shall require, to recover and obtain such Debts, Duties, and Sum and Sums of Mony, as by reason or means of the said Trade or Copartnership, shall be due or owing unto them, from any person or persons so speedily as may be [Page 296]from time to time, And shall not at any time hereafter without consent of the rest, do or procure, or cause to be done or procured, any act, device or thing, to prejudice, hinder or retard the Recovery, obtaining or getting in of the said Debts, or any of them.
And if it shall happen that the said Parties or any of them shall trust or deliver out upon credit or confidence, any of the Goods, Wares, Mony or Merchandizes belonging to the said Joint-account, to any person or persons, whom any other of the said Partners shall pray, warn or admonish not to trust, that then, and so often such of them the said Partners which shall so trust, and deliver out upon Credit any of the said Goods, Wares, Monies or Merchandizes to any such person or persons, shall and will within three Months next ensuing, answer and satifie unto the said Joint-stock, so much lawful Mony of England, as the Goods, Wares, Mony or Merchandise so to be trusted or delivered out as aforesaid shall amount unto, (in case, in the mean time full satisfaction shall not be made for the same, by the person or persons which shall be so trusted, aforesaid;) And that in such case, such of the said parties so making satisfaction therefore, shall and may have and enjoy the sole benefit of the said Goods, Wares, Monies and Merchandizes, or things so by him intrusted, and for which he shall have made satisfaction as aforesaid.
And that every of them the said Parties, (if necessity require and conveniently it may be) in all his and their buying and selling, dealings and doings, touching and concerning the said Joint-trade, shall desire and take the advice and direction of the rest of the said Parties, or some or one of them.
And that all such Detriments and Losses, as shall without fraudulent practice of any of the said Copartners, happen or come to the said partible account by the falshood, absence or negligence of any Servant or Servants, Apprentice or Apprentices, or which shall serve or dwell with any of the said Parties, shall be born and answered by the Master of such Servant or Servants, by whom the same shall be done or committed.
And further, that none of them the said Parties shall or will at any time or times hereafter, charge the accompt of the said Copartnership, with any other or more Debts, than only such as shall be pertinent to the same; and with such charge only as shall be necessarily and justly disbursed, for and about such Goods, Wares, Commodities and Merchandizes, as shall be occupied and imployed in or about the said Joint-trade or Copartnership, and for and about the getting in, recovery and obtaining of such Debts, as shall be due and owing unto them by reason thereof; nor at any time hereafter during the said space or time of five years, shall withdraw or take from the said Joint-stock and Accompt any Sum or Sums of Mony or other things, other than such as shall be disbursed for the recovery and getting in of such Debts, as are incident to the same, as is before expressed and mentioned, and that without Fraud or Covin.
Saving that it shall and may be lawful to and for every of them the said Parties yearly, during the said Copartnership, to have and take out of the said Stock belonging to their Joint-trade and Copartnership, for every of their particular and private Expences, and occasions as followeth; (That is to say,) to the said R. C. the Sum of 100 l. of lawful Mony of England, to the said C. R. the like Sum of 100 l. To the said J. F. the like Sum [Page 298]of 100 l. And to the said F. J. the like Sum of 100 l. of like lawful Mony of England, And saving also that it shall and may be lawful to and for the said J. F. during the said Copartnership in respect of his House-Rent, wherein it is agreed one part of the business of the said Copartnership, shall be acted and performed here in England, and for the extraordinary pains of him and his Servants, to be taken and performed in and about the said Joint-trade, and for his Expences upon and Entertainment of Clothiers yearly, to charge upon the said partible account, and to be allowed yearly out of the same, the Sum of 80 l. of lawful Mony of England, over and besides the said 100 l. a year allowed unto him as aforesaid.
Saving also for the said C. R. in respect of the extraordinary pains of him and his Servants, to be taken in and about the said Joint-trade, and his Expences upon and Entertainment of Clothiers as aforesaid, and for his House-Rent, wherein it is agreed also, that one part of the Joint-business aforesaid, shall be acted and performed to charge to the said partible account, and be allowed upon the same the like Sum of 80 l. yearly, of like lawful Mony of England, during the said Copartnership, over and besides the said 100 l. yearly to him allowed as aforesaid.
And saving that it shall and may be lawful to and for the said F. J. in respect of his extraordinary pains to be taken in and about the said Joint-business, and for his dwelling in the parts beyond the Sea, where it is agreed he shall be imployed in and about the said Joint-trade and business, during the said Copartnership there to charge to the said partible account, and to be allowed the same here in England, the Sum of 50 l. yearly of like lawful Mony of England, during the said Copartnership, over and above the said 100 l. a year to him allowed sa aforesaid.
Also the Wages and Allowance, to or for any Servant or Servants to be sent over, or to, or for any Apprentice or Apprentices, where any shall be sent over and imployed in the said business into the parts beyond Sea, (an equal number of Apprentices of each of them, the said R. C. C. R. J. F. and F. J. being imployed in the said Joint-business;) And also the charge of any Ware-house or Warehouses, to be taken or used beyond the Seas for the said Joint-business; And the Wages and Allowance of one Servant, agreed to be hired by the said J. F. and C. R. for the managing and writing of the Books of Account, to be kept here in England, concerning the said Joint trade and business, is hereby agreed by and between the said Parties to these Presents, to be paid and allowed out of the Joint-Stock of this Copartnership.
And the said F. J. for himself, his Executors and Administrators, and for every of them doth covenant and grant, to and with the said R. C. C. R. and J. F. and every of them, their and every of their Executors and Administrators, by these Presents in manner and form following; That is to say, That he the said F. J. shall not nor will at any time or times during this Copartnership, leave, transfer or commit the Business, Trade or Imployment, of or concerning the said Joint-trade or Copartnership, in any place or places beyond the Seas, where he shall have full charge and disposing, nor any Bills or Specialties concerning the same, to any person or persons whatsoever, other than such as shall be thought fit by the said R. C. C. R. and J. F. or the Survivors or Survivor of them, and their special consent and agreement in Writing under their Hands in that behalf first had and obtained.
And further, that he the said F. J. shall from time to time hereafter, during the said Copartnership, [Page 300]keep or cause to be kept in such place or places beyond the Seas, where he shall continue to be imployed, just and true, Book and Books of Account and Reckonings, of all and every his dealings, doings, buyings and sellings, and imployments touching and concerning the Premisses, in such ample manner and form in every respect, as Merchants of the same Trade commonly use to do.
And shall not only send and consign weekly, (if it conveniently may be) unto the said J. F. and C. R. true Copies of his weekly Journal, and particulars of all Cloaths and Wares received and sold, Goods sent, and Monies paid and sent by Exchange and other his dealings whatsoever, touching the said Joint-account, but also at the end of every six Months next ensuing each other to be reckonned and accounted from the day of the date of these presents during the said Copartnership, consign and send over unto them the said J. F. and C. R. a true, plain, perfect and general account in Writing, under his Hand of all his Receipts, Payments, Buyings, Sellings, Dealings, Doings and Imployments whatsoever by him passed or done, touching or concerning the said Joint-account and Copartnership, particularizing therein all Expences, and all Cloaths, Wares and other things then remaining in his Hands.
And shall and will during the continuance of this Joint-trade, at his own Costs and Charges, (for the consideration aforesaid,) pay for Diet, Lodging and Entertainments in the parts beyond Sea.
And further, that it shall and may be lawful, to and for the said R. C. C. R. and J. F. or any of them, or any of their Executors, Administrators, Servants or Assigns, at his and their will and pleasure, to have Liberty, Ingress, Egress and Regress into, out of and from the Counting-House, or Name of the said F. J. for the time being in [Page 301]the parts beyond the Seas; And shall, and may freely as occasion shall require, as well view and peruse the said Books of Account, and all Bonds, Bills and Specialties, whatsoever, as also all Wares, Goods and Merchandizes, and other things whatsoever in the parts beyond Sea, relating to the said Joint-trade, in the Hands, Custody or Possession of the said F. J.
And moreover that he the said F. J. shall and will with all convenient speed, from time to time hereafter during the said Joint-trade, consign, remit and send over to the said R. C. C. R. and J. F. from the said parts beyond the Seas, in Mony by Exchange, or in Wares and Merchandizes, the proceeds of all Wares, Cloaths and other things, that shall be by him received, and in his disposing, touching and belonging to the said Joint-account.
And further, that he the said F. J. shall and will from time to time hereafter during the said Copartnership, endeavour what he may the taking up such Monies in the parts beyond the Seas, for the said Joint-account as shall be needful, and otherwise advance and benefit the same what he may.
And also it is agreed by and between all the said parties, That if the said F. J. shall at any time or times hereafter take up or borrow at Interest or otherwise, any Sum or Sums of Mony for the said Joint-account, that then the said R. C. C. R. and J. F. and every of them, their and every of their Executors, and Administrators, shall by these Presents, be liable to the payment of the said Sum and Sums of Mony, and every of them as fully in every respect as the said F. J. his Executors, Administrators or Assigns. And also if in case the said R. C. C. R. and J. F. or any of them shall at any time or times hereafter, take up or borrow at Interest or otherwise, any Sum or Sums of Mony for the said Joint-account, that then the said F. J. [Page 302]his Executors and Administrators shall be by these Presents liable and ingaged together with the said R. C. C. R. and J. F. for the repayment of the Sum and Sums of Mony, and every of them, as fully in every respect as the said R. C. C. R. and J. F. or any of them, their or any of their Executors or Administrators.
And the said F. J. for himself, his Executors and Administrators, and every of them doth covenant and grant to and with the said R. C. C. R. and F. J. and every of them, their and every of their Executors and Administrators by these presents, in manner and form following, (that is to say) That he the said J. F. shall and will from time to time and all times hereafter, during the Copartnership, mannage and keep, or cause to be managed and kept by such Servant or Book-keeper, to be hired or entertained as aforesaid, just and true Book and Books of Account and Reckoning, Journal and Leiger of all and every the Receipts, Dealings, Payments, Buyings, Sellings and Imployments of the said J. F. and the said C. R. concerning the premisses here in England, in such ample manner and sort in every respect, as other Merchants of the same Trade commonly use to do. And at the end of every six Months, that is to say, on the last day of June and the last day of December yearly, during the said Copartnership, perfect the said Books, and give to each of the Partners a true ballance thereof.
And further, That it shall and may be lawful to and for the said R. C. C. R. and F. J. and every of them, their and every of their Executors, Administrators, Servants and Assigns, at convenient times, at their and every of their free will and pleasure to have free Liberty of Ingress, Egress and Regress into, out of and from the Dwelling House of he said J. F. and his Counting-house and Warehouse [Page 303]there, and shall and lawfully may as occasion shall require, view and peruse all Books of Account, and all Bonds, Bills, Writings and Specialties, Goods, Wares and Things whatsoever, there in the hands, custody and charge of the said J. F. touching the said Joint-account.
And the said C. R. for himself, his Executors and Administrators, and for every of them doth covenant and grant to and with the said R. C. J. F. and F. J. and every of them, their and every of their Executors, Administrators, Servants and Assigns by these Presents, in manner and form following, (that is to say) That he the said C. R. shall and will during the said Copartnership, keep or cause to be kept true Accounts in writing of all his receipts, payments, buyings, sellings, dealings and doings touching and concerning the said Joint-Account; and shall from time to time produce and shew forth the same unto the said J. F. and his Servants, and the said Servant to be hired as aforesaid, whereby the said J. F. or the said Servant or one of them may be enabled to keep the said Books and Accounts, Journal and Leiger of all business whatsoever touching the said Joint-trade or Account there in England, in manner and form aforesaid. And further, That he the said C. R. shall and will during the said Copartnership, be equally aiding and assisting in all the managing and keeping the said Books and Accounts to be managed and kept as aforesaid, for the Joint-stock here in England, within the said Dwelling House of the said J. F. aforesaid.
And also that it shall and may be lawful to and for the said R. C. J. F. and F. J. and every of them their and every of their Executors, Administrators and Assigns, at their and every of their free will and pleasure, at convenient times, to have free liberty of ingress, egress and regress into and out of [Page 304]the Dwelling House, Contuing House and Warehouse of the said C. R. for the time being: And shall and may freely as occasion shall require, view and peruse all Books of Account, and all Goods, Wares, Merchandizes and all other Things appertaining to the said Joint-trade in his custody and charge.
And the said R. C. C. R. and J. F. do covenant and grant each of them for himself, his Executors and Administrators, to and with the other of them his Executors and Administrators, and every of them by these presents, That they the said R. C. C. R. and J. F. shall and will respectively, during the said Joint-trade, for the consideration aforesaid, bear and defray their own private and particular charges and expences, both for themselves, Servants and Familes.
And that the said J. F. and C. R. shall and will make, or cause to be made, all Bonds, Bills, Specialties and Contracts whatsoever by them respectively to be taken and made concerning the said Joint-account here in England, in the Joint-names of them the said C. R. and J. F. for the use of them the said R. C. and J. F. and of the said R. C. and F. J. And that the said R. C. and F. J. their Executors and Administrators shall by force of these presents be jointly interested in and ingaged for and concerning the same.
And further it is covenanted, granted, concluded, condescended and agreed by and between all the said parties to these presents, and each of them by and for himself, his Executors and Administrators, doth covenant and grant to and with the other of them his Executors and Administrators, in manner and form following, (that is to say) That if any or either of them the said R. C. C. R. J. F. and F. J. shall at any time or times hereafter, during the said Copartnership, lend unto the said [Page 305]Joint-account any sum or sums of Mony (over and above their present Stock put in as aforesaid) into Stock to be used and imployed, and for the use of the said Copartnership and Joint-trade, during the continuance thereof, or for so long time thereof as he or they so lending the same, or his or their respective Executors or Administrators shall think good, that then it shall and may be lawful to and for such of them the said Copartners, their Executors or Administrators upon three Months warning, to have, receive and take forth out of the said Joint-account, Stock and Gains in ready Mony, such principal sums of Mony, by them the said Copartners respectively lent to the said Joint-account, or such part thereof as he or they lending the same shall think fit: And also that it shall and may be lawful to and for the said R. C. C. R. J F. and F. J. or any of them respectively lending any sum or sums of Mony as aforesaid, for and during so long time as the said sum or sums of Mony or any part thereof shall remain and continue in the Account of this Copartnership, to take out of the said Account, Stock and Gains of this Copartnership, and be allowed the same according to the Rate of 6 l. per Cent. Yearly for the Interest and Use of every hundred pound to be lent as aforesaid, and after the same Rate for a longer or shorter time, or lesser or greater sums of Mony, the same to be taken half yearly, without any lett or hindrance whatsoever.
And further, That none of them the said Copartners shall at any time hereafter, during this Copartnership, without the special license and agreement of the others first had and obtained in Wriing, enter into Bond or become Bail or Surety to or for any person or persons whatsoever, for any matter, cause or thing whatsoever, not being for the proper use, and on account of this Copartnership, [Page 306]in above the sum of one hundred pound; nor that any of them the said Copartners shall at any time or times hereafter, during the said term, covertly or apparently, directly or indirectly use any kind of Merchandize or Trade whatsoever, with any person or persons whatsoever the gains thereof shall not or may not redound to the said Copartners, their Executors or Administrators, or the Survivor or Survivors of them in case any of them shall happen to decease before the expiration of the same Term of five years, ratably and proportionably, according to the true intent and meaning of these presents.
And further, That none of the said parties, shall or will at any time or times, during the said Copartnership, consign or send over any Goods, Wares or Merchandizes whatsoever beyond Sea belonging to the said Joint-account, to any place or places there whatsoever, other than what the greater number of the said Copartners shall conclude or agree upon.
And that all differences arising in, about or concerning the said Joint-trade and the managing thereof, shall be decided and concluded by the direction and will of the major part of them the said Copartners.
And the said R. C. for himself, his Executors and Administrators and for every of them, doth covenant and grant to and with the said C. R. J. F. and F. J. and every of them, their and every of their Executors and Administrators by these presents in manner and form following, (that is to say) That he the said R. C. shall and will from time to time on request during this Copartnership, be aiding and assisting what he may unto the said C. R. and J. F. in and for the taking, borrowing and advancing of any sum and sums and of Mony for the said Joint-account, by Bond or otherwise▪
And also that he said R. C. in consideration that the said Joint-business is to be wholly acted and performed here in England by the said C. R. and J. E. and by the said F. J. beyond Seas, and by such other person or persons, as for the time being shall be hired and imployed by the said Copartners in the said parts beyond the Seas, where none of the said Copartners except the said F. J. is to reside, shall and will out of his own proper, private and particular Estate, and not out of the said Account over and above the payments and allowances by hi [...] to be paid and allowed as aforesaid, well and truly pay and allow yearly during the said Copartnership, unto the said Joint-account, the sum of, &c. of lawful Mony of England, to be paid all together, at the end of this Copartnership, or at the decease of the said R. C. in case he shall happen to decease before the end thereof.
Provided always, and it is further covenanted, granted, concluded and agreed by and between the said parties to these presents, and every of them by and for himself, his Executors and Administrators, covenanteth, and granteth to and with each of the others his Executors and Administrators by these presents severally and respectively, that in case any of the said Copartners shall happen to decease before the expiration of the said term of five years, and within three Months next after the Account shall be agreed upon and ballanced between the said Copartners or Survivors of them; [...]hat then the Survivor or Survivors of them the said parties in full of the part and proportion of him or them so dying, in the said Stock of 10000l. and the gains, benefit and increase thereby then gotten and arisen (Monies lent to the Joint-account excepted) shall and will only be liable to pay, and shall and will pay unto the Executors or Administrators of the party so deceasing within the said term [Page 308]of five years, and within three Months after ballance of the said Account (the said Executors or Administrators first making good to the said Joint account the charge of him so deceased) so much lawful Mony of England, as by the said last ballance of Account (then before made up and agreed upon between the said Copartners) shall be due and coming to such of them the said Copartners respectively, dying as aforesoid, within six Month [...] after such decease (the said Executors or Administrators respectively, thereout allowing and abatin [...] to the surviving Copartners for and towards the losses that may happen to the said surviving Copartners by desperate and bad Debts due to the sai [...] Joint-account, so many times thirty pounds o [...] lawful Mony of England, as half Years or six Months of the aforesaid term of five Years shall remain unexpired at the time of such decease.)
And further, That in case any of the said Copartners shall decease before the end or expiration of the said term of five Years, and full thre [...] Months after ballance of Accounts as aforesaid That then the part of him or them so dying, shal [...] run on upon Account, and be imployed by the surviving Copartners in the said Joint-trade, until th [...] next ensuing time agreed by these presents for th [...] ballancing of the said Account. And that the surviving Copartners in full of the portion, part an [...] share of him or them so dying, of, in and to th [...] said Joint-stock of 10000 l. and the benefit [...] increase thereby then gotten and arisen (M [...] lent to the said Joint-account excepted) shall a [...] will only be liable to pay, and shall pay upon suc [...] decease within six Months after the Account ba [...] lanced and made up, unto the Executors or Adm [...] nistrators of such of them the said Copartners [...] ing within the said term of five years, and [...] three Months after ballance of Account (the sam [...] [Page 309]Executors or Administrators first making good to [...] said Joint-account, the charge of him or them respectively deceased) so much lawful Mony of England, as by the said next ballance of Account to be made up by the survivors of them the [...]aid Copartners, shall justly and truly appear to be [...]e and coming to such of them the said Copartners so deceasing, as fully as if the parties were living: The said Executors and Administrators respectively thereout allowing unto the said survi [...] Copartners, for and towards the losses that [...] happen to the said surviving Copartners by desperate and bad Debts due to the said Joint-account, so many times thirty pounds of lawful Mony of England, as half Years or six Months of the said term of five Years, shall remain unexpired at the time of such decease.
And also that such of them the said Copartners as shall survive, shall and will save and keep harmless and indempnified the Executors or Administrators of such of the said parties as shall so decease, of and from all Bonds, Bills, Debts and Ingagements, wherein and for which the parties so deceasing, at the time of his decease stood bound or ingaged by virtue of this Copartnership.
And it is further covenanted, concluded and a [...]eed by and between all the said parties to these presents, and each and every of them by and for himself, his Executors and Administrators covenanteth and agreeth to and with the other of [...], his Executors and Administrators respective [...]y by these presents, in manner and form following, (that is to say) That if any of them the said parties shall decease as aforesaid, within the said [...]rm of five years satisfaction for his Stock, Part [...]nd Share, being made as a foresaid) that then the [...]emaining Stock with all other the Joint-trade and Account shall run on and continue during the residue [Page 310]of the said term of five years, by and between the Survivors of them the said Copartners, and each of them to have a rateable part and proportion of the same, and of all gain and loss thereby arising.
And further, that at the end and expiration of the said Copartnership and term of five Years, or within three Months next ensuing, the said Copartners being all living, or the Survivors, in case any of them shall be deceased, shall and will meet and come together, and adjust and make a true and perfect Account, at or in the dwelling House of the said J. F. for the time being, or where for the time being the said Joint-trade shall be chiefly used here in England, by and between all the said parties or the Sureties of them, as well for and concerning all their several dealings and charges for and about the said Joint-trade and Account of all such Monies, Wares, Goods, Merchandizes and Debts that then shall be due, owing or appertaining to the said Joint-trade and account, and unto them the said parties by reason thereof, as of, for and concerning all and every the gains, losses, profits or charges of or by the said Joint-trade, arising, growing, hapned or sustained, in such particular manner, as it may appear what the true state of the same then shall be; and what proportion, and how much to every of them the said parties shall be then due, belonging or appertaining: And shall and will also within the said time or space of three Months, next ensuing the expiration of this Copartnership, by equal Lots or other Dividends divide all Cloaths, Wares and Merchandizes between them, then Remaining unsold or disposed of
And that immediatly and with all convenient speed then afterwards, all and every Debts and sums of Mony due by the said Joint-account, or by them the said parties by reason thereof shall be duly [Page 311]paid satisfied and discharged, or otherwise equally secured by the Bonds of them the said Copartners or Survivors of them, in case the said Debts cannot conveniently be paid within the time aforesaid.
And as for and concerning the remainder of the said Stock of 10000 l. and all gains profit and advantage by the Stock accruing whether the same shall consist in Debts or Ready Mony, or both, (the Monies lent and added to the said Stock by any of the said Copartners, with the Interest thereof then due being first paid and satisfied) the said Remaining Monies or Debts being divided into equal parts and portions, according to the number of the said Copartners then living, the same shall by Lots cast, or some other way as they shall agree upon, be distributed to the said Copartners, or to such of them as shall be then living, whereby each may have an equal part or share of the said Stock, and of all gain and profit thereby obtained.
And also that every of the said parties, his Executors and Administrators for the better recovery of such Debts and Sums of Mony, as at the end and determination of the said Term of five Years shall be due and owing by reason or means of the said Copartnership, and as shall happen or fortune to be allotted and divided for and towards the parts and portions of each of them, shall and will at any time upon reasonable request, and at the costs and charges of such of them to whom such Debts shall be allotted as aforesaid, make or cause to be made unto him or them such sufficient Letter and Letters of Attorney for any touching the recovery and receit of the said Debt or Debts, and every part thereof, to and for the only use and behoof of him or them to whom the same shall be so allotted and divided as aforesaid, as shall [Page 312]by the said parties to whom such Debts are allotted, or their Executors or Administrators, or their Counsel learned in the Law be reasonably devised, advised or required.
And it is expresly condescended and granted by and between all the said parties to these presents, and each of them by and for himself, his Executors and Administrators doth covenant and grant to and with each and every of the other of them, his Executors and Administrators by these Presents, in manner and form following, (that is to say) That no Right of Survivorship shall take place or effect, or be put in use in or for any matter or thing touching or concerning this Joint-trade against any of them, or any of their Executors or Administrators, but that it shall and may be lawful to and for any of the said parties, to leave, devise and bequeath in and by his last Will and Testament, all his said part, portion and share of and in the said Stock and Gains according to such dividend as is aforesaid, and the true intent and meaning of these presents.
And moreover, That if any ambiguity, doubt, question or controversie at any time hereafter shall happen, arise or grow between the said parties, his or their Executors or Administrators or any of them, for, touching or concerning the said Copartnership, or any matter or thing in these Presents contained, or otherwise howsoever touching the same, then and so often each and every of the said parties, his Executors and Administrators for his and their parts upon request to each of them, his and their Executors or Administrators to be made by the party or parties grieved, shall and will from time to time commit the hearing and deciding of such ambiguity, doubt, question or controversie, to such indifferent Men being Merchant Adventurers, as shall be named by the said parties, (that is to [Page 313]say) each of them to name one, and shall and will stand to and abide such Order and Determination therein, as by such Men shall be made and set down in Writing under their Hands and Seals, within one Month next after any such doubt, or controversie so to them made known and referred.
And further it is concluded and agreed by and between the said parties to those Presents, and their true intent and meaning is, That none of the said parties, nor the Executors or Administrators of any of them shall at any time or times be charged or chargeable by virtue of these Presents, further than for his own proper Offence or breach of Covenant, and not for the Offence or breach of Covenant of any other of the said parties, his Executors or Administrators, any thing before mentioned notwithstanding.
And lastly it is agreed, That none of them the said parties, nor any of their Executors or Administrators shall or will at any time or times hereafter make, do, commit or omit to do any Act, Deed [...] Device whatsoever, with an intent to defeat or make void in part or in all, the true intent and meaning of these presents.
In witness, &c.
An Indenture on Separation of Copartners.
THIS Indenture made, &c. Between R. C. of the one part, and J. F. of the other part: Whereas the said parties to these presents have been of late Copartners together in the Trade of, &c. and by reason of the said Joint-trade and Dealing, divers Debts have become, and are due and owing unto the said R. C. and J. F. for divers Goods and Wares. And also the said R. C. and J. F. are and stand ingaged for divers Sums of Mony. And whereas also the said Parties, for divers good Reasons [Page 314]them moving, have concluded and agreed to put an end to their Joint-trade and Copartnership; and the said R. C. is contented and has agreed for the consideration hereafter mentioned, to assign unto the said J. F. all the Debts and Sums of Mony which are due and owing unto them the said R. C. and J. F. jointly. And the said J. F. hath likewise agreed and undertaken to discharge and pay all Debts and Sums of Mony which they the said R. C. and J. F. do jointly owe to any person or persons, for or by reason of their said Joint trade or Copartnership.
Now this Indenture witnesseth, That the said R. C. for the consideration hereafter in these presents mentioned, doth grant, assign and set over unto the said J. F. his Executors, Administrators and Assigns, all and singular such Debts and Sums of Mony as are owing to him the said R. C. severally or jointly with the said J. F. for or concerning their Joint trade aforesaid, and all his Right, Title, Interest, Property, Claim and Demand whatsoever in and to the said Debts or any of them: And also all and singular Bills, Bonds, Specialties and Writings whatsoever, for and concerning the said Debts and the late Copartnership between them; All which said Debts are mentioned and expressed in a certain Schedule hereunto annexed, To have, hold and enjoy all and every the said Debts, Specialties and Writings unto the said J. F. his Executors, Administrators and Assigns, to his and their own proper use and behoof, without any manner of account therefore to be given to him the said R. C. his Executors, Administrators or Assigns.
And the said R. C. doth by these presents give and grant to the said J. F. his Executors, Administrators and Assigns, full power and authority to ask, levy, recover and receive in the name of the [Page 315]said R. C. by all such lawful ways and means as shall be thought requisite by the said J. F. his Executors, Administrators or Assigns, all and singular the said Debts and Sums of Mony expressed in the said Schedule, for and to the only use and behoof of the said J. F. his Executors, Administrators and Assigns, without any account to be made, had or given for the same or any part therof.
And further, That if he the said R. C. or his Assigns, or any person or persons by virtue of any power or authority derived from him or them, have at any time heretofore received, released or discharged any of the said Debts or Sums of Mony mentioned in the Schedule (other than such Sums of Mony as have been released by the consent of the said J. F.) That then upon notice given by the said J. F. his Executors, Administrators or Assigns to the said R. C. his, &c. he the said R. C. his Executors or Administrators shall within twenty days next after such notice given to the said R. C. or his, &c. satisfie and recompence the said J. F. or his, &c. for the same, without Fraud or Covin.
And that he the said R. C. his Executors or Administrators shall not at any time or times hereafter willingly do or suffer any Act or Thing to hinder, let or disturb him the said J. F. his Executors, Administrators or Assigns in the Recovery, getting in or obtaining the said Debts or any of them.
And moreover, That he the said R. C. his Executors and Administrators shall and will upon reasonable request to him or them made by the said J. F. his Executors, Administrators or Assigns, make, seal and deliver to him or them such other sufficient Letter or Letters of Attorney for the recovery and getting in of the said Debts and Sums of Mony, as by the said J. F. his Executors, Administrators [Page 316]or Assigns, or his or their Counsel learned in the Law shall be reasonably devised, advised or required.
In consideration whereof the said J. F. for himself his Executors and Administrators doth covenant, promise and grant to and with the said R. C. his Executors and Administrators in manner and form following, (that is to say) That he the said J. F. his Executors or Administrators shall and will, at or before the, &c. procure and obtain to and for the said R.C. his Executors, or Administrators sufficient general Releases and other Discharges in Law from all Creditors, whose Names are in the Schedule hereunto annexed.
And also that he the said J. F. his Executors or Administrators shall and will at all times for ever hereafter, save and keep harmless and indempnified the said R. C. his Executors and Administrators, against all and every person and persons whatsoever, to whom they the said R. C. and J. F. or either of them are indebted touching or concerning their said Copartnership; and of and from all Actions, Suits, Costs, Damages, Charges, Judgments, Executions and Demands whatsoever, which shall at any time hereafter arise and come against the said R. C. his Executors or Administrators, or any of his or their Lands, Tenements, Goods or Chatels or any part thereof, for or by reason of any Debts or Sums of Mony owing, or for or by reason of any Bill, Bond, Specialty, Promise or Contract touching the said Copartnership.
In witness, &c.
An Indenture where two Apprentices having taken their Master's Shop, covenant with his Executors to gather in his Debts.
THIS Indenture made, &c. Between R. C. and C. R. Executors of A. B. &c. and J. F, and F. J. of the other part witnesseth, That the said R. C. and C. R. in part of the performance of the last Will and Testament of the said A. B. and for divers other good Causes and Considerations them hereunto moving, have demised, granted and to farm let, and do by these presents demise, grant and to farm let unto the said J. F. and F. J. all that the Dwelling-house and Shop of the said A. B. To have and to hold the said, &c. with all and every the Appurtenances to them the said J. F. and F. J. their Executors, Administrators and Assigns, from the Feast-day of St. Michael last past, for, during and until the full end and term of five years, fully to be compleat and ended, Yielding and paying therefore yearly and every year during the said Term unto the said R. C. and C. R. their, &c. the Sum of forty pounds of lawful Mony of England, at the four most usual Feasts or Terms of the year, (that is to say, &c.) by even and equal portions. And the said J. F. and F. J. for themselves jointly and severally, and for their and every of their Executors and Administrators do by these presents covenant, promise and agree to and with the said R. C. and C. R. and either of them, their and either of their Executors, Administrators and Assigns in manner and form following, (that is to say) That they the said J. F. and F. J. and either of them shall endeavour by all lawful means, without Suit at Law, to the utmost of their power, to obtain, get in and come [Page 318]by all such Debt and Debts as were and are still owing from or by any person or persons whatsoever, to the said A. B. at the time of his decease, for any Wares or Merchandizes which did belong to the said A. B. or any otherwise howsoever. And that they the said J. F. and F. J. or one of them, their or one of their Executors, Administrators or Assigns shall once in a Month give a true Account of any Sum or Sums of Mony by them, or either, or any of them received in part or in full of any of the said Debts to them the said R. C. and C. R. their Executors, Administrators or Assigns: And thereof shall forthwith make payment to them the said R. C. and C. R. or one of them, or one of their Executors, Administrators or Assigns without Fraud or Covin.
And also that neither they the said J. F. and F. J. nor either of them, nor their or either of their Executors, Administrators or Assigns shall take or receive satisfaction or payment for any Goods or Wares by them or any of them sold to any Chapman or Customer of the said A. B. deceased, before such Chapman or Customer shall have fully satisfied and payed all such Debts as were owing from him or them at the time of his decease to the said A. B. (all Chapmen and Customers of the said A. B. dwelling within the City of London and Suburbs thereof only excepted.)
In witness, &c.
(Covenant to re-enter on Non-payment.)
A short Bargain and Sale of Coppice-Woods, where the price is partly paid in hand, and the residue to be paid after.
THIS Indenture made, &c. Between N. C. of the City of C. in the County of S. Gent. of the one part, and I. C. of E. A. in the same County Yeoman, of the other part witnesseth; That the said N. C. for and in consideration of, &c. lawful Mony of England, to him by the said I. C. before the sealing and delivery hereof, well and truly in hand paid, and five pound and ten shillings more to be paid in such manner as is therein after mentioned, hath granted, bargained and sold, and by these presents doth grant, bargain and sell unto the said I. C. all those Coppice-Woods and Under-woods, standing and growing, or being upon a parcel of Coppice-Ground called Z. containing by estimation three Acres in W. A. in the said County of S. Except, and always reserved out of this Grant all Timber Trees, and other Trees standing, growing, or being in the said Coppice-Ground, and all young Sellows there left at the last Felling of the said Coppice, about eleven years ago, And except the Wood, Boughs and Loppings of such Trees and Sellows, And also except and reserved out of this Grant all the Hedges about the said Coppice-Ground, and all Wood-Frith and Stuff therein growing or being; And all Coppice-Woods, Under-woods, Frith and Stuff growing or being within four foot of any the Inward Standards of the said Hedge, round about the said Coppice Ground; And the said N. C. for the consideration aforesaid, doth hereby give and grant unto the said I. C. his Assigns and Servants full Liberty of Ingress, Egress and Regress, by the usual [Page 320]way and passage into and from the said Coppice-Ground, to fell and cut down the said Coppice-Woods, and Under-woods, hereby bargained and fold before the [...] day of [...] next coming, and the same to have take and carry away with Carts and Carriages, before the four and twentith day of June next coming; And the said J. C. doth hereby covenant with the said N. C. That he the said J. C. or his Assigns, Servants, Agents or Workmen, shall not and will not fell, cut or lop any of the said Trees, or Sellows in the said Coppice Grounds, nor any of the Hedges aforesaid, or the Wood, Frith or Stuff therein growing or being, nor any of the Coppice Wood, Under-wood, Frith or Stuff growing or being within four foot of any of the Inward Standards of the said Hedges; And that he or they shall not permit, or suffer any of the Horses, or Beasts of the Carts or Carriages aforesaid, to eat, crop, or bite any of the Sprouts or young Germins in the said Coppice-Ground, And the said J. F. doth hereby further covenant with the said N. C. That he the said J. C. his Executors or Administrators, shall and will, well and truly pay unto the said N. C. his Executors or Administrators the aforesaid 5 l. and 10 s. on the Nine and twentieth Day of September next coming; And also that it may and shall be lawful to and for the said N. C. and his Assigns, to have and take to and for his and their own use all such of the Coppice-Woods, and Underwoods, hereby bargained or sold, and of the Poles, Fagots and Stuff thereof coming which shall be, or remain on the Coppice-Ground aforesaid, on the said 24th Day of June.
In Witness, &c.
A Bargain and Sale of Trees and Coppice-Woods, with Covenant to be saved harmless from Tithes, and other special Covenants.
THis Indenture made, &c. Between Sir J. R. Knight, &c. of the one part, and W. F. &c. of, the other part, Witnesseth, That the said Sir J.R. for and in consideration of 380 l. of lawful Mony of England, to him by the said W. F. before the ensealing and delivery hereof, well and truly in hand paid, Hath granted, bargained and sold, and by these Presents doth grant, bargain and sell unto the said W. F. All the Woods, Under-woods and Trees now standing growing, and being in or upon All that parcel of Wood-Land called the East part of, &c. as it is now set out to be sold, containing One hundred and fifteen Acres more or less, now or late in the Occupation of R. K. or his Assigns, and lying and being in the Parish of E. in the County of S. Except, and always reserved out of this present Grant unto the said Sir J. F. and his Assigns, fifteen hundred of the best Trees of Oak, Ash, Beech, now growing and being upon the aforesaid Wood-Land, to be marked and signed out by F. P. and W. C. or either of them, for and on the behalf of the said Sir J. R. And the said Sir J. R. for the consideration aforesaid, hath given and granted, and by these presents doth give and grant unto the said W. F. his Executors, Administrators and Assigns, for his and their Servants, Laborers and Workmen, with all Carts, Wains, Carriages, Working-Tools and Implements, free and quiet Liberty of Ingress, Egress, and Regress, in by and through all usual or reasonable Ways or Passages for and duing the Term of three Years next ensuing the Date hereof, to fell, cut down, hue, cut [Page 322]out, convert, load, have take and carry away, to and for their own use, All the said Woods, Under-woods and Trees, before in these presents mentioned, to be bargained and sold, and all the Wood and Stuff thereof, or of any part thereof, concerning, ariseing, or increasing; And the said Sir J. R. hath also for the consideration aforesaid, given and granted and by these presents doth give and grant unto the said W. F. his Executors, Administrators and Assigns, one Lime-Kill, and one Chalk-Pit, to be made, used and enjoyed by the said W. F. his Executors, Administrators and Assigns, upon the said parcel of Wood-Land before mentioned, for and during the aforesaid Term of Three Years next ensuing the Date hereof; And that it shall and may be lawful to and for the said W. F. his Executors, Administrators and Assigns, for and during the said three years to build and make the said Lime-Kill upon the Land aforesaid, in such convenient place as by the said F. P. and W. C. or either of them shall be Assigned, upon request, And in default of such Assignment, then in such convenient place upon the Land aforesaid, as to the said W. F. or his Assigns shall seem meet; And also during those three years to Dig Chalk in the said Chalk-pit, and the same Chalk to burn and make into Lime in the said Lime-Kill; And the said Lime-Kill to convert and dispose to the proper use of the said W. F. And the said Sir J. R. doth for himself, his Heirs, Executors and Administrators covenant and grant to, and with the said W. F. his Executors, Administrators and Assigns by these presents; That he the said Sir J. R. now hath at the time of making, sealing and delivering of these presents, good right, full power, lawful and rightful Authority, Title and Interest to grant, bargain and seil the said Woods, Under-woods and Trees before in these presents mentioned unto the said W. F. [Page 323]in manner and form aforesaid; And Also, That he the said W. F. his Executors, Administratoas and Assigns, shall or lawfully may during the aforesaid three years, peaceably and quietly Fell, cut down, have, hold, take and convert the said Woods, Under-woods and Trees before in these presents mentioned, to be bargained and sold, and also the liberty of Ingress Egress and Regress, before in these presents granted concerning the same, without any Let, Trouble, Interruption or Contradiction, of or by the said Sir J. R. his Executors, Administrators or Assigns, and without any lawful let, trouble interruption or contradiction, of, or by any other Person or Persons whatsoever; And also that the said Woods, Underwoods and Trees before in these presents mentioned to be Bargained and sold, and every part thereof, are and shall be Exempted priviledged and Discharged of, and from the payment of Tythes thereof, upon the Felling or converting the same; And also, That he the said Sir J. R. his Heirs, Executors and Administrators, shall and will from time to time, and at all times hereafter acquit discharge and save harmless the said W. F. his Executors, Administrators and Assigns, of, and from the payment of Tythes for the said Woods, Under-woods, and Trees or any part thereof, and of and from all Expences, Costs, Charges and Damages, for, or by occasion of any Action or Suit, to be brought against him, for or concerning the said Tythes; And the said W. F. for himself, his Heirs, Executors and Administrators, doth covenant and grant, to and with the said Sir J. R. his Executors and Administrators by these presents; That the said W. F. his Executors Administrators or Assigns, or any of them, shall not fell or cut down any of the Woods, Underwoods or Trees before in these presents, bargained [Page 324]or sold, between the first day of May, and the twentieth day of September, in [...]ny of the said three years next coming; And also that he the said W. F. his Executors, Administrators and Assigns, shall and will before the first Day of July, in every of the faid three years, avoid and carry away from the Woody part of the aforesaid Wood-Land, into the Plaits there, all the Under-woods and Trees, which shall before such first day of July, be Felled or cut down in the said Woody parts; And also, That he the said W. F. his Executors, Administrators and Assigns, shall not during the said three years commit or do any wilful hurt, spoil or damage, to the young Germins arising or growing, up in the said Wood-Lands, after the Felling the Woods, Under-woods and Trees, there now growing or being, or any part thereof; And also, That the said Sir J. R. his Executors, Administrators and Assigns, shall or lawfully may at any time or times during the said three years, cut and take upon the said Wood-lands sufficient Stakes, and sufficient of the best Bushes there to be had, for the new making, repairing, and inclosing the outer Hedges and Fences belonging to the said Wood-land, and for the making any other new Fences, or Inclosures in the said Wood-land, and between such parcel thereof, where the Woods and Trees shall in any year be felled and cut down, and such parcel thereof, where the Woods or Trees shall then yet be standing, which last mentioned partition Fences, the said Sir, J. R. doth hereby covenant, that it shall be lawful for the said W. F. his Executors, Administrators and Assigns, after the first two years of the said three year, to pull up, take and convert to their own use; And the said W. F. doth further for himself, his Executors, Administrators and Assigns, covenant and grant to and with the said Sir J. R. his Executors, Administrators and Assigns by [Page 325]these presents, that he the said W. F. his Executors, Administrators and Assigns, shall and will from time to time, give notice unto the said F. P. and W. C. or one of them, of such particular Plot or parcel of the Woods, Underwoods and Trees before mentioned, as the said W. F. his Executors, Administrators and Assigns, shall from time to time then next intend to fell or cut down; To the intent the said F. P. and W. C. may mark and sign out so many of the Trees in such Plot or parcel growing as they shall see most fit, of the aforesaid Fifteen hundred Trees excepted out of this present bargain and sale; And also, that if any Action or Suit shall at any time hereafter be brought against the said W. F. his Executors, Administrators or Assigns, for not setting out of Tithes of the aforesaid Woods, and if the said Sir J. R. or his Assigns, shall from time to time, discharge and save harmless the said W. F. from the payment of all and every expences, costs and charges, for or by occasion of any such Action or Suit, That then the said W. F. his Executors, Administrators and Assigns, shall and will permit and suffer the said Sir J. R. and his Assigns, to make defence in such Actions or Suits, in such manner as he and they shall think fit, and that the said W. F. his Executors Administrators or Assigns, shall not fraudulently or willingly permit, or suffer any Judgment, or Decree to be had or given against them in such Actions or Suits, nor make any Composition or Agreements, with the Plaintiff in such Actions or Suits.
In witness, &c.
A Lease for years of Tythes.
THIS Indenture made the [...] day of [...] in the [...] year of the Reign of our Sovereign Lord William by the Grace of God King of England, Scotland, France and Ireland, Defender of the Faith, &c. Between H. E. of Chidham in the County of Sussex Gent. of the one part, and T. B. of the City of Chichester in the said County, Baker, of the other part, witnesseth, That the said H. E. hath demised, granted and to farm let unto the said T. B. all the Tithes both great and small, of whatsoever nature, kind or quality which shall, during the Term hereby granted, arise, come, grow, renew, increase or happen in, upon or out of all those several Closes or parcels of Land containing together about sixty Acres, sometimes the Lands of J. L. Gent. and now in the Occupation of the said T. B. in the Tithing of Old Fishborn within the Parish of Bosham, To have and to hold all and singular the Tithes before herein mentioned to be demised unto the said T. B. his Executors, Administrators and Assigns from the Feast of St. Michael the Archangel last past, before the date hereof, for, during and until the full end and term of ten years from thenceforth next ensuing, fully to be compleat or ended: If [...] or either of them shall so long live, Yielding and paying therefore yearly and every year during the said Term hereby granted unto the said H. E. his Heirs and Assigns two shillings for every Acre of the said Land in such years, wherein it shall be sown with Corn or Grain, and so proportionably for a greater or lesser quantity than one Acre as shall be so sown. And also yielding and paying one shilling and six pence for every Acre of the said Land in the next two years after which it [Page 327]shall be sown with Clover, St. Foin, Hop-grass or other like Grass-Seed, and so proportionably for a greater or less quantity than one Acre as shall be so sown. And also yielding and paying one shilling for every Acre of the said Land in such years wherein it shall be unsown or otherwise laid up for Pasture or feeding, and so proportionably for greater or less quantity than one Acre unsown, or otherwise laid up for Pasture or Feeding, at the Feast of St. Michael the Archangel yearly to be paid, except such Land as shall be Summer fallowed for Wheat, for which nothing shall be paid in such year of Summer fallowing. And the said T. B. doth for himself his Heirs, Executors, Administrators and Assigns covenant and grant to and with the said H. E. his Heirs and Assigns by these Presents, That he the said T. B. his Executors, Administrators and Assigns shall and will yearly and every year during the continuance of the Term hereby granted, well and truly pay or cause to be paid unto the said H. E. his Heirs and Assigns, all and every the yearly Rent and Rents before in these Presents reserved to be paid at the days and times before herein limited for payment thereof, according to the true intent and meaning of these Presents without Fraud or delay. And also that he the said H. E. his Heirs and Assigns, and his and their Servants shall or lawfully may from time to time and at all times seasonable, during the Term hereby granted, enter into and upon the several Closes or parcels of Land before mentioned, to admeasure the same, and to view and see what Corn, Grain and Grass shall be there growing. Provided always, and it is agreed between the parties to this Indenture by these Presents, That if the said H. F his Heirs or Assigns shall be minded at any time, during the Term hereby granted, to renew the Lease whereby the Tithes aforesaid are holden of [Page 328]the Dean and Chapter of the Cathedral Church of the Holy Trinity of Chichester, And for the better doing thereof shall be minded that this present Indenture of Lease, and the Term hereby granted, shall cease and be void: Then if the said H. E. his Heirs or Assigns shall make and give unto the said T. B. his Executors, Administrators and Assigns good and sufficient Security, That the said H. E. his Heirs or Assigns within forty days next after such new Lease shall be had and taken of and from the said Dean and Chapter shall and will sign, seal and as their Act and Deed deliver unto the said T. B. his Executors, Administrators and Assigns a new Lease of the Tithes hereby demised, for and during the residue of the time and Term of years hereby granted, as shall be then to come and unexpired, under and upon the same Rents, Covenants, Conditions, Provisoes and Agreements in this present Indenture of Lease comprised, And that the said T. B. his Heirs, Executors, Administrators and Assigns, until such new Lease shall be made, sealed and delivered unto them as aforesaid, shall hold and enjoy the said Tithes under the same Rents, Covenants and Agreements, as are herein contained, That then and from thence forth, and at all times after this present Indenture of Lease and the Term of years hereby granted, shall cease, determine and be utterly void and of none effect, any thing herein contained to the contrary notwithstanding. And it is further agreed, that the said T. B. his Executors, Administrators or Assigns, shall upon request seal and execute the Counterpart of such new Lease to them made as aforesaid.
In witness whereof the Parties first above named have to these present Indentures interchangeably set their Hands and Seals the day and year first above written.
A Bargain and Sale of Goods distrained for Rent.
THIS Indenture, &c. Between N. C. of, &c. J. R. Constable of the Hundred of, &c. D. C. of, &c. J. F. &c. and H. R. of, &c. of the one part, and J. S. of, &c. T. S. &c. of the other part witnesseth, That it is affirmed by the said N. C. and testified by the said D. C. upon his Oath sworn before the said Constable, that on the 29th day of September last past, before the date hereof, the said N. C. in the presence of the said D. C. did enter into a Messuage and Lands called S. Farm in H. within the Hundred aforesaid, and for 155 l. of Rent at the Feast of the Annunciation of the Blessed Mary last past, due unto him as he said from S. F. upon a Demise, whereby the said S. F. held the said Farm of the said N. C. did distrain there found the Goods and Chattels following, (to wit) [recite the particulars]: And it is further testified by the said D. C. and also by the said J. F. and H. R. upon their Oaths sworn before the said Constable, that after such Distress taken, (to wit) on the 29th day of December last past, the said N. C. did at the chief Mansion-house of the said Farm, give publick notice of the said Distress, and the Cause thereof, and a Note thereof in Writing, expressing the particulars of the said Goods and Chattels distrained, and of the said Rent for which the same were distrained, did then and there deliver unto E. Daughter of the said S. F. And the said D. C. J. F. and H. R. upon their Oath aforesaid, have truly appraised all the said Goods and Chattels distrained at 90 l. and say upon their said Oaths, that all the said Goods and Chattels according to the best of their Undestandings, are not worth more than 90 l. And this Indenture further witnesseth, That the said Goods and Chattels being yet unreplevied, [Page 330]the said N. C. with the Constable aforesaid, for and in consideration of 90 l. being the best price can be gotten for the said Goods and Chattels by the said J. S. and T. S. paid to the said N. C. towards satisfaction of the said Rent of 155 l. for which the said Goods and Chattels were distrained, Have bargained and sold, and by these Presents do bargain and sell unto the said J. S. and T. S. all the said Goods and Chattels before herein mentioned to be distrained as aforesaid; To hold unto the said J. S. and T. S. as their only proper Goods and Chattels for ever.
In witness, &c.
Note, It is best to make so many Parties, for the more easie proving afterwards, (if occasion should be) the regularity of the Proceedings.
Scriptum admissionis Capellani Proceris.
Sciatis me prefatum Vicecomitem diłcum mihi in Xp̄o Peregrinum Peryham Clericum in Artibus Magistrum & Verbum Dei predictatorem ob ejus vite & morum integritatem sanam (que) suam Doctrinam at alia virtutū Dona quibus eum Deus optimus maximus insignavit in Capellanum meum Domesticum & Familiar’ admisisse ac ipsum in numer’ meorum Capellanorum Domesticorum & Familiar’ aggregasse nominasse & constituisse habend̔ tenend̔ & gaudend̔ omnes & singulas Immunitates Privilegia & Libertates Capellanis Procerum & Magnac ex Statut̄ Parliament̄ hujus Regni Anglie elargit̄ & concess̄ Quorirea hec Vniversitat̄ vestre attestatum & declaratum esse volo sic (que) attestator & declaro per presentes
sub [Page 331]Sigillo meo dat̄ secundo die Ianuarii Anno Regni Domini nostri Caroli secundi Dei Gratia Anglie Scotie Francie & Hibernie Regis Fidei Defensor’ &c. Tricesimo Quarto Anno (que) Domini 1682.
A Settlement by Lease and Release, on consideration of a Marriage intended of Lands, (which the Husband hath in Reversion after a Tenant for Life) to the Wife for her Joynture, with an Entail to the Issue between them.
THIS Indenture made the 7th day of August, 1656. Between W. P. of the City of, &c. in the County of S. Gent. of the one part, and J. F. of C. in the said County of S. Gent. and J. C. of E. in the said County of S. Gent. of the other part; Whereas a Marriage is intended by the Grace of God, to be shortly hereafter had and solemnized between the said W. P. and E. C. of C. aforesaid Widow, Sister of the said I. F. Now this Indenture witnesseth; That in consideration of the said Marriage so to be had, and for the setling of a competent Jointure and provision for the said E. C. out of the Lands and Hereditaments of the said W. P. in case she shall survive him, in Bar of her Dower, and Thirds at the Common Law, And for other considerations him moving, he the said W. P. hath granted, released and confirmed; And by these Presents for him and his Heirs, doth clearly and absolutely grant, release and confirm unto the said J. F. and J. C. their Heir and Assigns, all that Farm, and all the Lands and Tenements, situate lying and being in the Parishes, Fields, Villages and Hamlets of C. and I. in the said County of S. now or late in the Tenure or Occupation of M. D. Widow, or of G. C. her Under-Tenant, or either of them; And all Woods, Under-Woods, Ways, [Page 332]Waters, Commons, Heaths, Wasts, Moors, Marshes, and Profits and Commodities whatsoever, to the said Farm and Premisses belonging or in any wise appertaining And the Reversion and Reversions, Remainder and Remainders of all and singular the Premisses, and of every part and parcel thereof; And all Rents Services and Profits thereunto incident and belonging of all which Premisses hereby granted, or mentioned to be granted, the said J. F. and J. C. are now in full Possession by force and virtue of a Bargain and Sale thereof, to them made by the said W. P. for the Term of a year from the first day of this instant August, by Indenture bearing date the day next before the day of the date hereof, and by force and vertue of the Statute for transferring Uses into Possession; And the said W. P. doth further by these Presents, for the consideration aforesaid, grant, release and confirm unto the said J. F. and J. C. their Heirs and Assigns, All the Estate, Right, Title, Interest, Claim and Demand whatsoever, of him the said W. P. of, in and to the Premisses, and every part and parcel thereof: To have and to hold the said Farm, Lands, Tenements, Hereditaments, and all and singular other the Premisses hereby granted and released, or mentioned to be granted and released with their and every of their Appurtenances unto the said J. F. and J. C. their Heirs and Assigns, to the several uses, behoofs, intents and purposes herein after mentioned, expressed and declared, and to none other use, intent or purpose whatsoever; That it is say, to the use and behoof of the faid W. P. and his Heirs, until the said Marriage, and from and after the said Marriage had, then to the use and behoof of the said W. P. for and during the Term of his natural Life, without Impeachment, of, or for any manner of Wast, and from and immediately after [Page 333]his decease, To the use and behoof of the said E. C. for and during all the Term of her natural Life for, and in the Name of her Joynture, and in full recompence, lieu and satisfaction of all the Dower which she may, or otherwise might have, claim or challenge in all or any the Lands, Tenements, or Hereditaments of the said W. P. her intended Husband, And from, and immediately after the decease of the Survivor of them, the said W, and E. To the use and behoof of the first Son of the said W. P. on the Body of the said E. to be begotten, and the Heirs of the Body of such first Son lawfully to be begotten; And for default of such Issue, To the use and behoof of the second Son of the said W. P. on the Body of the said E. to be begotten, and the Heirs of the Body of such second Son lawfully to be begotten; And for default of such Issue, To the use and behoof of the third Son of the said W. P. on the Body of the said E. to be begotten, and the Heirs of the Body of such third Son lawfully to be begotten; And for default of such Issue, To the use and behoof of the foruth, fifth, sixth, seventh, and all and every other the Son and Sons of the said W. P. on the Body of the said E. to be begotten, severally and successively one after another, in order and course as they shall be in order and Seniority of Age, and Priority of Birth, and the several Heirs of their several and respective Bodies lawfully to be begotten, the Elder of the said Sons and the Heirs of his Body being always preferred before the Younger, and the Heirs of their Bodies; And for default of such Issue, To the use and behoof of all the Daughters of the said W. P. on the Body of the said E. to be begotten, as Tenants in Common, and not as Joynt Tenants, and the Heirs of their several and respective Bodies lawfully to be begotten; And for default of Issue, To the use and [Page 334]behoof of the right Heirs of the said W. P. for ever; And the said W. P. for himself, his Heirs, Executors Administrators and Assigns, and for evrry of them, doth covenant, promise and grant, to and with the said J. F. and J. C. their Heirs and Assigns, by these presents, in manner and form following; That is to say, That he the said W. P. at and immediatly before the Sealing and delivery of this present Indenture, is solely, lawfully rightfully and absolutely seized of all and singular the said Farm, Lands, Tenements, Hereditaments and Premisses, and of every part and parcel thereof, of a good, pure, absolute and Indefeizable Estate of Inheritance in Fee-simple in Reversion or Remainder expectant immediatly upon the determination of the Estate which M. D. Widow, hath therein, for and during the time of her natural Life only, without Impeachment of any manner of Condition, Contingent Proviso, Limitation of use or uses, or other restraint, matter or thing to determine, alter, or change the same; And that he shall continue so seized thereof, and and every part and parcel thereof, until, a good, C. prefect and absolute Estate in Fee-simple, shall be thereof vested in the said J. F. and J. their Heirs and Assigns, to the uses, intents, and purposes herein before mentioned, and according to the true intent and meaing of these presents; And also that he the said W. P. now hath good Right, lawful and absolute Power and Authority in himself, to Grant, assign, convey, settle and assure the said Farm, Lands, Tenements, Hereditaments, and Premisses hereby granted or mentioned to be granted as aforesaid, and every part and parcel thereof, with the Appurtenances unto the said J. F. and J. C. their Heirs and Assigns, to the uses before mentioned, and in manner and form aforesaid; And also that the same Premisses and every [Page 335]part and parcel thereof, with the Appurtenances now are, and from thenceforth forever hereafter shall remain, continue, and be to the uses, intents, and purposes herein before mentioned, free and clear, and freely, clearly, and absolutely acquitted, freed, and discharged of, and from all, and all manner of former, and other Bargains, Sales, Gifts, Grants, Joyntures, Dowers, Entails, Estates, Leases, Rights, Titles, Rents, Arreareges of Rents, Issues Fines, Amerciaments, Judgments, Statutes, Recognizances, Charges, Troubles and Incumbrances whatsoever, the Estate and Interest of the said M. D. in the said Farm and Premisses, for and during the Term of her natural Life only excepted, And that he the said W. P. shall not do, or willingly suffer any Act or thing which may destroy or otherwise disturb or hinder the rising of the Contingent uses herein before limited, or any of them. And the the W. P. for himself his Heirs, Executors Administrators and Assigns, and for every of them, doth further Covenant, promise and grant to and with the said J. F. and J. C. their Heirs and Assigns, by these presents, That he the said W P. and all, and every other person and persons whatsoever, having or lawfully claiming, or which shall or may at any time or times hereafter, have, or lawfully claim, any Estate, Right, Title or interest, of, in or to the premisses hereby granted or mentioned to be granted, or of, in or to any part or parcel thereof other than the said M. D. and her Assigns, for and in respect only of her Estate for her life therein, shall and will from time to time, and at all and every time and times hereafter, within the space of Seven Years next ensuing the Date of this present Indenture, at and upon the reasonable request of the said J. F. and J. C. their Heirs, Executors or Administrators, but at the proper Costs and Charges of the said W. P. his Heirs [Page 336]Executors or Administrators, do, make, levy, execu [...] acknowledge and suffer, and cause to be don [...] made, levied, executed, acknowledged and suffered all and every such further and other reasonable Act and Acts, thing and things, Assurances an [...] Conveyances in the Law whatsoever, for the further, better, and more perfect assuring, surety suremaking, setling, establishing, and confirmation of the said Farm, Lands, Tenements, Hereditaments, and premises whatsoever, hereby granted or mentioned to be granted, with the Appurtenances unto the said J. F. and J. C. their Heirs and Assigns, unto, and for such and the same uses intents and purposes, as the same premises are in and by these presents mentioned to be granted, conveyed, limited or setled, as by the said J. F. and J. C. thier Heirs, Executors, or Administrators, or their or any of their Council Learned in the Law, shall be reasonably devised, or advised, and required; Provided always, and it is hereby covenanted granted, concluded and agreed unto, by and between all and every the said parties to these presents, That if the said E. C. shall at any time after the death of the said W. P. Claim, demand, or sue for any Dower, or thirds, of, in or out of any Lands, Tenements, or Hereditaments of the said W. P. or whereof he shall be seized at any time during the said intended Coverture; That then and from thenceforth the Use and Estate herein before limited to the said E. C. shall cease, determine, and be utterly void to all intents and purposes, any thing herein before contained to the contrary notwithstanding.
In Witness. &c.
[...]everal forms of expressing the Considerations of a Conveyance, or Setling Estates.
For the Consideration of Mony, part paid, and part secured.
WItnesseth, That the said R. C. as well for and in Consideration of the Sum of 2000 l. lawful Mony of England to him in hand paid; [...]efore the Ensealing and Delivery hereof by the [...]d C. R. the Receipt whereof he the said R. C. [...]h hereby acknowledge, and thereof, and of [...]ry part and parcel thereof, doth acquit and charge the said C. R. his Heirs, Executors and [...]dministrators by these presents, As also for and [...] Consideration of the Sum of 2000 l. more of [...] lawful Mony of England, by the said C. R. [...]dred to be paid unto the said R C. his Execu [...] and Administrators in manner and form fol [...]wing; That is to say, the Sum of 500 l. part [...]reof on the 10th day of December next ensuing, [...] the Sum of 1000 l. on the 10th day of Febru [...] next ensuing the date hereof, and the Sum of [...]0 l. l. residue thereof, on or before the 10th day of [...]rch next ensuing the date of these Presents.
For the Consideration of barring an Estate Tail.
WHereas the said R. C. at the Ensealing and Delivery of these Presents is and and [...]andeth seized of an Estate Tail to him, and the Heirs Males of his Body, with divers Remainders over, of and in all, &c. hereafter in these Presents mentioned: Now this Indenture witnesseth, That for and in Consideration of the barring of the said Estate Tail and all the Remainders thereupon depending, [Page 338]and for the setling of an absolute Estate of Inheritance in Feesimple in the said R. C. whereby he may be enabled to make a good and perfect assurance to such person or persons, and their Heirs as have agreed, or hereafter shall agree with him the said R. C. to Purchase the said, &c. (A Covenant that R. C. shall suffer a Recovery).
For the Consideration of Love and Affection, and preferment of Children.
WItnesseth, That the said R. C. in Consideration of the natural love and affection, which he beareth unto A. C. his Son and Heir apparent, and for his advancement and present maintenance; And to the end that the Daughters of the said R. C. may have convenient Portions to maintain and prefer them in Marriage, and for the Establishing of the Mannors, Lands, Tenements and Hereditaments hereafter mentioned, to such uses, intents and purposes as are hereafter limited and appointed; And for other good Causes and Considerations, &c. Or thus, In Consideration, of the great love and natural affection, which he the said R. C. beareth unto A. C. Son and Heir apparent of the said R. C. and to the Heirs Male of the Body of the said A. C. and to the end intent and purpose, that the Mannors, Lands, Tenements and Hereditaments hereafter mentioned, shall and may continue in the stock, bloud and kindred of the said R. C. &c.—Or thus, As well for the advancement and preferment of the Heirs Male of the Body of the said R.C. lawfully to be begotten, and for the better advancement and preferment of A. B. C. D. and E. F. the natural Brothers of the said R. C. And to the end that the Mannors, &c. hereafter mentioned, may continue in the Names Blood and Kindred of the said R. C. [Page 339]so long as it shall please God, as also for divers other good Causes and Considerations, &c.
For the consideration of want of Issue and continuance of the Estate in the name.
WItnesseth, That for divers good Causes and Considerations him the said R. C. hereunto moving, And especially for that the said R. C. and A. his Wife, have been married these many years, and have had no Issue of their Bodies; And to the end that in case the said R. C. should die without Issue of his Body lawfully begotten, the capital Messuage, &c. hereafter mentioned, shall and may so long as it shall please God, remain and continue in the Bloud and Stock and Kindred of the said R. C. And for the natural love which he beareth unto, &c. and fore divers other good Causes and Considerations, &c.
In Consideration of a Marriage, and of the Marriage Portion.
WHereas there is a Marriage by the Grace of God to be shortly had and solempnized between the said A. C. Son and Heir apparent of the said R. C. and B. A. Daughter of the said F. J. Now this Indenture witnesseth, That the said R. C. in Consideration of the said Marriage, and of the Sum of 3000 l. of good and lawful Mony of England, to him in hand paid as the Marriage Portion of the said B. A. by the said F. A. her Father, and for the natural love and affection which the said R. C. beareth unto the said A. C. and to the end, intent and purpose, that a competent Jointure may be had and made unto the said B. A. for the better maintenance, livelyhood [Page 340]and advancement of the said B. A. in case she shall happen. to survive and out-live the said A. C. And in full recompence and satisfaction of all the Dower which she the said B. A. by or after the Death of the said A. C. should or ought to have in any the Mannors, Lands, Tenements or Hereditaments, whereof the said A. C. shall during the Coverture between him and the said B. A. be seized of any Estate of Inheritance; And for the advancement of the Name and Blood of the said A. C. and for and towards a provision of maintenance to and for the said A. C. and B. A. during the natural Lives of the said A.C. and B. A. &c.
In Consideration of a Marriage and former Agreements.
WItnesseth, That in Consideration of a Marriage heretofore had between the said R. C. and A. C. his Wife, and of the good will and affection which the said R. C. beareth unto the said R. C. his Son, and for the true performance of such Premises and Agreements, had and made by the said R. C. upon the Marriage between the said R. C. and the said A. C. had as a foresaid, and for a Jointure, &c. and to the end, intent and purpose, That the Lands, Tenements and Hereditaments of the said R. C. hereafter mentioned may come and continue to and in the Issue of the said R. C. and A. in such sort and manner as hereafter is in these Presents expressed, mentioned and declared, and for other good Causes, &c.
In Consideration of being in Debt.
WHereas the said R. C. is now lawfully seised in his Demesne as of Fee, of and in all that, &c. with the appurtenances, situate, lying and [Page 341]being, &c. of the yearly value of 500 l. of lawful Mony of England: And whereas the said R. C. is indebted and doth owe unto divers persons several Sums of Mony, amounting in the whole to 2000 l. of like Monies, being particularly mentioned in a Schedule hereunto annexed, which Sums the said R. C. is not at present able to pay, and yet being minded and intending to make payment thereof, with all convenient speed, in consideration thereof, and forasmuch as the said J. F. hath undertaken out of the Rents, Issues and Profits of the said, &c. To pay and satisfie the Debts owing by the said R. C. Rateably to his Creditors, according to their several Debts, as the same, shall be yearly raised out of the said yearly Rents Issues and Profits. Now this, &c.
Forms of introducing the Uses on Fines and Recoveries, &c.
The Introduction of the Uses on a Fine to be levied.
THIS Indenture, &c. Between R. C. and A. his Wife of the one part, and C. R. and J. F. of the other part witnesseth, That for the conveying, assuring and sure making of all and singular the Massuages, Lands, Tenements and Hereditaments hereafter in these Presents mentioned, to the uses, intents and purposes hereafter, in and by these Presents expressed, limited and declared, It is agreed and concluded by and between the said Parties to these Presents, And the said R. C. for, himself, his Heirs, Executors and Administrators doth Covenant, Grant and Agree, to and with the said C. R. and J. F. their Heirs, Executors and Administrators, and every of them by these Presents, That he the said R. C. and A. his Wife, [Page 342]shall and will at the proper costs and charges of the said R. C. before the end of Hillary Term next ensuing the date hereof, in due form of Law, &c. (insert the Covenant to levy a Fine,) by certain name or names, and quantities of Acres in the said Fine to be contained; And that the said Fine so to be had and levied as aforesaid, or in what manner soever the same shall be had and levied, shall be and enure, And the said C. R. and J. F. shall by force thereof stand and be seized of the said Messuage, &c. with the appurtenances, to the uses, intents and purposes, and upon the Conditions and Limitations hereafter in these Presents limited, expressed and declared and to no other use, intent or purpose whatsoever; That is to say, &c.—Or thus, And it is covenanted, concluded and fully agreed, by and between all the said Parties to these Presents, And they and every of them do hereby express, signifie and declare, That the said Fine so to be levied as aforesaid, And all and every other Fine and Fines hereafter to be had and levied of the Premisses, or any part thereof, between the said Parties or any of them, before the end of &c. shall be and enure, and the said C. R. and J. F. and their or one of their Heirs, shall immediately from and after the said Fine, or any other Fine thereof to be levied as aforesaid, shall stand and be seized of the premisses, to the only uses, intents and purposes hereafter mentioned; That is to say, as to the said Messuage, &c. with the appurtenances now in the occupation of, &c. To the use and behoof of, &c. And as to the said Lands, &c. now in the occupation of, &c. To the use and behoof of, &c.
The Introduction of the Uses on a Fine levied.
THIS Indenture made, &c. Between R. C. and E. his Wife of the one part, And J. F. and F. J. of the other part, Whereas the said R. C. and E. his Wife, have in the Term of St. Michael last past, before the date of these Presents levied a Fine in due form of Law, unto the said, J. F. and F. J. of all, &c. The which Fine was levied by such Names, number of Acres and other particulars, as are in the Fine contained, as by the said Fine, Relation being thereunto had doth more fully appear: Now this Indenture witnesseth, And it is hereby declared by and between all the Parties hereunto, That the true intent and meaning of the levying of the said Fine at the time of the levying thereof was, and is to be taken to be to the uses, intents and purposes hereafter following; That is to say, to the use of, &c.
The Introduction of the Uses on a Recovery, to be had, with double Voucher.
THIS Indenture made, &c. Between A. B. of the first part, R.C. and C. R. of the second part, and J. F. and F. J. of the third part; Whereas the said A. B. by one Indenture of Bargain and Sale, dated the first day of this Instant December, and inrolled in their Majesties High Court of Chancery the tenth day of the same Month, made between the said A. B. of the one part, and the said R. C. and C.R. of the other part, Hath granted, bargained and sold to the [...]aid R. C. and C. R. all that, &c. and the Reversion and Reversions, Remainder or Remainders thereof, and of every part and parcel thereof, To have and to [Page 344]hold the said, &c. and all and every the said premisses with the appurtenances unto the said R. C. and C. R. their Heirs and Assigns for ever, to the only proper and absolute use and behoof of the said R. C. and C. R. their Heirs and Assigns for ever; To the end intent and purpose that the said R. C. and C. R. might thereby, and by force of the Statute of transferring Uses into Possession, become Tenants of the Free-hold of all and every the Premisses; That a good and perfect Common Recovery, with double Vouchers may be thereof had and executed. Now this Indenture witnesseth, And it is covenanted, concluded and fully agreed by and between all the said parties to these presents, for them and every of them, their and every of their Heirs, That they the said R. C. and C. R. shall and will permit and suffer the said J.F. and F. J. before the end of, &c. next ensuing the date of these presents, by Writ or Writs of Entry sur disseisin en le post to be sued forth and obtained out of Their Majesty's High Court of Chancery and returnable before the Justices of Their Majesties Court of Common Pleas at Westminster in the names of the said J. F. and F. J. Demandants against the said R. C. and C. R. Tenants, or the Survivor of them, to recover to them the said J. F. and F. J. and their Heirs in due form of Law, according to the usual form of Common Recoveries for assurances of Lands, Tenement and Hereditaments against the said R. C. and C. R. the said, &c. with their and every of their appurtenances, by some name or names in the said Writ and Recovery to be contained; In and to which said Writ the said R. C. and C. R. shall appear gratis in their proper persons, and after defence made, shall vouch to Warranty the said A. B. who shall likewise thereupon appear and enter into the Warranty, and after defence made, shall vouch to warranty [Page 345]the Common Vouchee, who shall likewise appear and enter into Warranty, and after make default in contempt of the Court, to the end that a perfect Common Recovery may be had and executed according to the course of Common Recoveries of the, &c. and all and singular other the premisses with the appurtenances, Which Recovery so as aforesaid, or in any other form to be had suffered and executed by and between the said parties, or any of them the said, &c. before the, &c. and the Recoverors in the said Recovery or Recoveries, shall immediately from and after the suffering and executing thereof stand and be seized of the said, &c. to the uses, intents and purposes hereafter specified, expressed and declared, and to no other use, intent or purpose whatsoever. —Or thus, And it is covenanted, granted, concluded and agreed by and between all the said parties to these Presents, That the said Recovery so to be had and executed as aforesaid, and every other common Recovery with Vouchers, to be suffered by the said R. C. and C. R. or the Survivor of them before the end, &c. of the said, &c. and of every or any part thereof, by what names or additions soever the same shall be had or suffered immediately from and after the execution thereof, shall be; And the person or persons who shall thereby recover the premisses or any part thereof, and his and their Heirs after Execution shall stand and be seized of the said, &c. or of such part thereof as shall be recovered as aforesaid, to the use of, &c.
The Introduction of the uses on a Recovery with double Voucher suffered.
THIS Indenture made, &c. Between R. R. of the first part, R. C. and C. R. of the second part, and J.F. and F. J. of the third part; Whereas the said R. R. by one Indenture of Bargain and Sale, &c. [reciting to the end of the Habend'] And whereas afterwards, (that is to say) in the Term of St. Michael then next following, the said J. F. and F. J. did persue out of the said Court of Chancery one Writ of Entry Sur Disseizin en le post against the said R. C. and C. R. returnable before the Justices of his Majesty's Court of Common Pleas at Westminster, where the said J. F. and F. J. did demand against the said R. C. and C. R. the said Mannors, &c. to which Writ the said R. C. and C. R. did appear in proper person, and after defence made did vouch to warranty the said R. R. who did likewise appear in person, and entred into the warranty, and vouched over the common Vouchee, who did likewise appear in person, and entred into warranty, and after made default, whereby several Judgments were had according to the Course of Common Recoveries used in the Court of Common Pleas. Now this Indenture witnesseth, and it is hereby declared and expressed, That the true intent and meaning of all the said parties to these presents, before and at the time of suffering the said Recovery was and ever since hath been and yet is, that the said Recovery and the whole execution thereof should, and for ever hereafter shall be and enure, And the said Recoverors and their Heirs shall for ever hereafter stand and be seized of and in the, &c. and all and every the premisses before-mentioned, with the appurtenances, to the use, &c.
The Introduction of the Uses of a Recovery, with single Voucher to be had.
THIS Indenture made, &c. Between R. C. of the one part, and J. F. and F. J. of the other part witnesseth, That it is covenanted, concluded and agreed by and between the said parties to these presents; And the said R. C. for himself, the Heirs, Executors and Administrators doth covenant, grant and agree to and with the said J. F. and F. J. and their Heirs by these presents, That he the said R. C. shall permit and suffer the said J. F. and F. J. to prosecut one Writ of Entry sur disseizin en le post against the said R. C. of and for all that &c. with all and every the appurtenances, by such name and names, quantities and numbers of Acres, and in such manner and form as shall be thought fit and expedient, unto and in which Writ the said R. C. shall apear gratis and vouch over to warranty the Common Vouchee, who shall likewise appear gratis and enter into the warranty, and make default in contempt of the Court, whereby one Recovery shall or may be had or suffered against the said R. C. of the said, &c. according to the usual course of Common Recoveries for the assurance of Lands and Tenements. And it is further concluded and agreed by and between the said parties to these presents, That the said Recovery shall be had and suffered as aforesaid, before the end of Hillary Term next ensuing the date hereof: And that the said Recovery and the execution thereof, and the full force and effect of the same shall be and enure, And that the said Recoverors and their Heirs, immediately after the same, and the Execution thereof had and made, shall stand and be seized of the said Mannor, Messuages, Lands and Premisses, to the [Page 348]uses, intents and purposes hereafter-mentioned, (that is to say) To the use of, &c.
The Introduction of the Uses on a Recovery, with single Voucher already had.
THIS Indenture made, &c. Between R. C. of the one part, and J. F. and F. J. of the other part, Whereas the said J. F. and F. J. did on Michaelmas Term last past, before the date hereof upon a Writ of Entry sur disseisin en le post, before the Justices of Their Majesty's Court of Common Pleas at Westminster, recover by Common Recovery against the said R. C. one Messuage, &c. [setting down the particulars] and the Reversion and Reversions, Remainder and Remainders of all and singular the premisses, and of all and every part and parcel thereof by the name of, &c. (as in the Recovery) in which Recovery the said R. C. did vouch to Warranty the Common Vouchee, whereby a good and perfect Common Recovery with single Voucher of the said, &c. according to the usual form of Common Recoveries, was had and executed against the said R. C. and his Heirs, as by the Record thereof remaining in the said Court of Common Pleas it doth more at large appear. Now this Indenture witnesseth, and it is hereby declared, That the true intent and meaning of all the parties to the said Recovery and to these Presents, was before and at the time of the said Recovery, and yet is, for, touching and concerning the said, &c. and every part thereof whereof the said Recovery was had and executed as aforesaid, That the said Recovery and the execution thereof should and shall be and enure, and be construed, judged and taken to be and enure, That the said Recoverors and their Heirs should and shall stand and [Page 349]be seized of the said, &c. and of every part and parcel thereof with the appurtenances, to the uses, intents and purposes hereafter in these presents set down, expressed and declared, and to no other use, intent or purpose whatsoever, (that is to say) to the use of, &c.
The Introduction of the Uses on a Feoffment.
THIS Indenture, &c. Between R.C. of the one part, and J. F. and F. J. of the other part witnesseth, That the said R. C. for and in consideration of a Marriage, &c. and for settlement in the name, &c. Hath granted, aliened, enfeoffed, released and confirmed, and doth by these presents grant, alien, enfeoff, release and confirm unto the said J. F. and F. J. their Heirs and Assigns for ever, all that, &c. and the Reversion and Reversions, Remainder and Remainders thereof, and of every part thereof, and all and every the Rent or Rents thereupon reserved, due or payable or upon any part thereof, To have and to hold the said, &c. unto the said J. F. and F. J. their Heirs and Assigns for ever, to the several uses, intents and purposes, and under the several Proviso's, Conditions and Limitations hereafter in and by these presents expressed, limited and declared, and to or for no other use, intent or purpose whatsoever, that is to say, &c.
A Bargain and Sale for six Months, to ground a Release of the Reversion.
THIS Indenture made, &c. Between R. C. of the one part, and J. F. and F. J. of the other part witnesseth, That the said R. C. for and in consideration of five shillings of lawful Mony of England to him in hand paid before the sealing [Page 350]and delivery hereof, the receipt whereof he the said R. C. doth hereby acknowledge, and thereof and of every part thereof doth acquit and discharge them the said J. F. and F. J. their Executors and Administrators by these presents, Hath granted, bargained and sold, and by these presents doth grant bargain and sell unto the said J. F. and F. J. their Executors and Assigns, all that, &c. and the Reversion and Reversions, Remainder and Remainders thereof, and of every part and parcel thereof, together with all Rents and Services reserved upon all or any Lease or Leases of the premisses or any part or parcel thereof, To have and to hold the said, &c. and all and singular other the premisses herein before-mentioned, and intented to be hereby granted, bargained and sold, with their and every of their appurtenances, unto the said J. F. and F. J. their Executors, Administrators and Assigns from the day of the date hereof, for and during the full end and term of six Months from thence next ensuing, and fully to be compleat and ended; To the end that by virtue of these presents and of the Statute of transferring uses into possession, the said J. F. and F. J. may be in the actual possession, of the Premisses, and be enabled to take and accept of a Grant and Release of the same to them the said J. F. and F. J. their Heirs and Assigns for ever.
In witness, &c.
The Release and Grant of the Reversion, and the Introduction of the Uses.
THIS Indenture made, &c. Between R. C. of the one part, and J. F. and F. J. of the other part; Whereas the said R. C. by Indenture, bearing date, &c. [this must be dated a day or two after the Lease) for the Consideration therein mentioned [Page 351]did grant, bargain and sell unto the said J. F. and F. J. all that Messuage, &c. and the Reversion, &c. (recite the Bargain and Sale next before) as by the said recited Indenture more fully and at large it doth appear. Now this Indenture witnesseth, That the said R. C. for and in consideration of the sum of, &c. and for divers good causes and considerations him hereunto moving, hath granted, released and confirmed, and doth by these presents grant, release and confirm unto the said J. F. and F. J. their Heirs and Assigns, all the aforesaid Messuage, &c. with the appurtenances, and every part and parcel thereof, and all the Estate, Right, Title, Interest, Claim and Demand whatsoever of him the said R. C. of, in and to the premisses, and every or any part or parcel thereof; and all Rent and Rents, and other Services reserved and payable upon any Demise or Demises, Lease or Leases of the premises, or any part or parcel thereof, To have and to hold the said Messuage, &c. and every part thereof with the appurtenances, mentioned or intended to be hereby granted released and confirmed unto the said J. F. and F. J. their Heirs and Assigns for ever, to the several uses, intents and purposes hereafter in these presents mentioned and declared, and to no other use and purpose whatsoever, (that is to say) to the use, &c.
Limitations of Estates for Life.
AND it is convenanted, granted, concluded, condescended and fully agreed by and between all the said parties to these presents, for themselves and their Heirs respectively, That the said Fine or Fines, Recovery or Recoveries, Conveyances and Assurances to be had, made and executed according to the purport and true meaning of these presents, of and in the said Mannors, [Page 352]Lands, Tenements, Hereditaments and Premisses and every of them, and the execution thereof, shall be, and for ever shall be adjudged, deemed and taken to be; And also that the said J. F. and F. J. and their Heirs, and the Survivor of them and his Heirs stand and be seized of and in all and singular the Mannors, &c. and premisses, and of and in every part and parcel thereof with the appurtenances, to and for the several and only uses, behoofs, intents and purposes, and upon and under the Limitations, Proviso's Conditions and Agreements hereafter-mentioned, (that is to say) of, in and to all the Capital Messuage, &c. with the appurtenances, being parcel of the premisses, commonly called or known by the name of, &c. situate, &c. now or late in the tenure or occupation of, &c. and of, in and to all and singular the Houses, Edifices, Buildings, Lands, Meadows, Pastures, Feedings and Hereditaments whatsoever with the appurtenances to the said Capital Messuage or Tenement belonging or appertaining, or therewith now or heretofore used, occupied or enjoyed, or accepted, reputed or taken as part parcel or member thereof, and the Reversion and Reversions, Remainder and Remainders thereof to the use of the said A. C. Son and Heir of the said R. C. and of B. C. Wife of the said A. C. for and during the term of their natural lives, and of the life of the longer liver of them, without impeachment of waste, during the natural life of the said A. C.
To the use of the Husband for life, and after to the Wife for a Jointure.
TO the use of the said R. C. for and during the term of his natural life, without impeachment of or for any manner of waste, and with [Page 353]full power to do or commit waste.—Or thus Without impeachment of waste only in and for Woods, Under-woods and Timber-trees standing growing or being, or which at any time hereafter shall stand, grow or be in or upon the premisses before-mentioned, or any part or parcel thereof: And from and ofter the decease of the said R. C. then to the use and behoof of the said B. his Wife, for and during the term of her natural life, in name of her Jointure, and in full recompence and satisfaction of her Dower, which she the said B. should or ought to have in or out the Lands, Tenements or Hereditaments of the said R. C. in case she shall happen to survive the said R. C.—Or thus, In full recompence of her Dower and Title of Dower to or out of all the Mannor, &c. whereof the said R. C. had, now hath or hereafter shall have during the Coverture between him and the said B. any Estate of Inheritance.
A Limitation of an Estate for Years, determinable upon a Life.
TO the use of the said R. C. for the term of his natural life; And from and after his decease to the use and behoof of the said S. C. one of the younger Sons of the said R. C. for the term of fifty years, to commence immediately from and after the decease of the said R. C. if he the said S. C. shall and do so long live, and from and after the end and determination of the said Estate or Interest before limited to the said S. C. Then to the use of, &c. (if the use be but of part, then say) To the use of the said R. C. for the term of his natural life, and from and after his decease, as to, &c. being parcel of the premisses before limited to the said R. C. for the term of his life, to the use and behoof of the said S. C. one of the younger [Page 354]Sons of the said R. C. for the term of fifty years, to commence immediately from and after the decease of the said R. C. if he the said S. C. shall and do so long live; and from and after the end and determination of the said Estate or Interest before limited to the said S. C. then to the use of, &c. And as for, touching and concerning the remainder of the premisses before limited to the said R. C. for the term of his life, being, &c. (set down the particulars) to the use and behoof of B. C. for the term of one and twenty years, to commence immediately from and after the decease of the said R. C. And from and after the end and determination of the said Estate or Interest limited, to the said B. C. to the use, &c.
Limitations in Tail to the Brothers of the Feoffor.
TO the use and behoof of the said R. C. and of the Heirs Males of his Body lawfully begotten and to be begotten; And for default of such Issue, then to the use and behoof of A. C. Brother of the said R. C. and of the Heirs Males of his Body lawfully begotten and to be begotten: And for default of such Issue, then to the use and behoof of B. C. one other of the Brothers of the said R. C. and of the Heirs Males of his Body lawfully begotten and to be begotten: And for default of such Issue, then to the use and behoof of C. C. one other of the Brothers of the said R. C. and of the Heirs Males of the Body of the said C. C. lawfully begotten and to be begotten: And for default of such Issue, then to the use and behoof of the Right Heirs of the said R. C. for ever.
A Limitation of a use in Fee determinable upon a Marriage.
TO the use of the said R. C. and his Heirs, until the said Marriage intended shall be had and solemnized between him and the said B. C. And from and after the Marriage had and solemnized between him the said R. C. and the said B. C. Then to the use of the said R. and B. for and during the Term of their natural Lives, and the natural life of the longer liver of them, and from and after their decease, to to use of the Heirs of the Bodies of the said R. and B. between them two lawfully begotten; and for lack of such Issue, to the use of the right Heirs of the said R. C. for ever.
A Limitation of uses, and direction for disposing of the Profits during the Heirs Minority.
TO the use and behoof of the said R. C. for and during the Term of his natural life, without Impeachment, of, or for any manner of Wast, And from, and after the decease of the said R. C. and during the time that the said A. C. Son and now Heir Apparent of the said R. C. or any other being Heir Apparent of the said R. C. shall be under the Age of one and twenty years, and until some Heir of the said R. C. shall accomplish the Age of one and twenty years; To the use of the said J. F. and F. J. (the Cognizees or Feoffees) and the Survivor of them, And of the Heirs of the Survivor of them, To the intent and purpose, That the said J. F. and F. J. and the Survivor of them, shall and may take, perceive, levy, possess and enjoy the Rents, Issues, Profits, Revenues, Commodities and Emoluments of all and singular [Page 356]the said Messuages, Lands, Tenements and other the premisses, with the Appurtenances; And them to employ during such Minority or Minorities as aforesaid, for and towards the performance, payment and Satisfaction of all the Bequests, and Legacies to be mentioned in the last Will and Testament of the said R. C. according to the tenor purport and true meaning of the said R. C. in and by his said last Will and Testament, to be declared; And to the end intent and purpose, That the said J. F. and F. J. or the Survivor of them, and the Heirs of the Survivor of them shall and may likewise with the Rents, &c. coming, growing and arising, of and out of all and singular the said Messuages, Tenements, Lands and Premisses, bestow and disburse from time to time, the necessary and competent Charges in the Law and otherwise, for the defence and maintenance of the Title and Possession of all and singular the Premisses, and of every or any part thereof; And for the Reparation and Preservation of the Edifice; and Buildings in and upon all and every the Premisses or any part thereof, meet and fit to be disbursed and expended until some Heir of the said R. C. shall have Accomplished the Age of one and twenty years; And for the Surplusage that shall be and remain of all or any the said Rents, Issues, Profits, Revenues and Commodities over and above the said Legacies, Disbursments and Expences, so to be devised and made as aforesaid; That the same shall and may remain and come to the use, profit, and benefit of the said A. C. or any other Heir of the said R. C. that shall accomplish the full Age of 21 years; And after the said A. C. or other Heir of the said R. C. shall have accomplished the said Age of one and twenty years, That then the said J. F. and F. J. and their Heirs and the Heirs of the Survivor of them, shall stand and be seized of, [Page 357]and in all and singular the said Messuage, &c. to the use of the said A. C. or such other Heirs of the said R. C. as shall so accomplish the said Age, and of the Heirs Males of the Body of the said A. C. or such other Heir, and for want of such Issue, To the use and behoof of the right Heirs of the said R. C. for ever.
A Limitation after an Estate for Life determined, to the use of the Feoffee for sixteen years, for assuring the payment of Portions to younger Children.
TO the use and behoof of the said R. C. for and during the Term of his natural Life, without Impeachment of or for any manner of Wast; And from and after the decease of the said R.C. then to the use and behoof of the said J. F. and F. J. (Cognizees or Feoffees) their Executors Administrators and Assigns, for and during the Term of sixteen years, to commence immediately from and after the decease of the said R. C. upon the trust and confidence hereafter mentioned; And from and after the death of the said R. C. and determination of the said Term or Interest to the use and behoof of A. C. Eldest Son and Heir Apparent of the said R. C. and of the Heirs of the Body of the said A.C. lawfully begotten; And for default of such Issue, to the use and behoof of the right Heirs of the said R. C. for ever; And it is further by these presents covenanted, concluded and declared by and between all the said Parties to these Presents; And the intents and meaning of these presents, and of the Parties hereunto is, That all and every the younger Sons, and all and every the Daughters of the said R. C. which he shall have at the time of his decease, and shall leave unadvanced, and unpreferred by the said R. C. shall have and receive every of them five [Page 358]hundred pounds apiece of lawful Mony of England, so that it exceed not the Sum of two thousand pounds in the whole And if the same exceed the said Sum of two thousand pounds in the whole; Then every of the said Sons and Daughters to have a proportionable part of the said Sum of two thousand pounds which is to be paid, and share and share alike equally to be divided between them; And that the said several Sums of five hundred pounds apiece, or Sum of two thousand pounds (which of them shall become payable, by the intent and true meaning of these presents) shall be all paid to the Sons and Daughters respectively within four years next after the decease of the said R. C. by such person or persons which for the time being shall have the next, and immediate Inheritance of the premisses, depending and expectant upon the determination of the said Term of Sixteen years limited to the said J. F. and F. J. And that until default shall be made of any of the said payments, which by the intent and true meaning of these presents, are and ought to be made as aforesaid, to all and every the said Children They the said J. F. and F. J. their Executors, Administrators and Assigns, (according to the trust aforesaid, in them and every of them reposed) shall permit and suffer the said person and persons, which for the time being, shall have the next and immediate Inheritance of the Premisses, from and after the determination of the said Term of sixteen years as aforesaid, quietly and peaceably, from and after the decease of the said R. C. to have and keep the possession of all and every the beforementioned Premisses, and to receive and take the Rents, Issues and Profits thereof; And that in default of payment of the said Sum or Sums, or any part thereof it is meant and intended by all and [Page 359]every the parties to these presents; That the said J. F. and F. J. and the Survivor of them, their or his Executors, Administrators or Assigns shall enter and take the Possession of the Premisses, and of every part and parcel thereof according to the limitation herein before expressed; And the Rents, Issues, and Profits thereof, shall employ and convert, wholly for and towards the payment of the said several Sums of five hundred pounds apiece to the said younger Sons and Daughters, or the Sum of two thousand pounds to be equally divided between them (which of them shall become payable, according to the true intent of these presents, together with the Interest, for all and every such Sum or Sums, after the Rate of six pounds per Cent. for every year that the same shall be unpaid, to be accounted, from the end of the four years before mentioned,) for the forbearance of the said Sums or Sum, or such part thereof as shall be unpaid as aforesaid; And it is likewise meant, intended and agreed; That after the said Sums or Sum of Mony with Interest for the forbearance thereof, shall be fully and truly paid unto the said younger Sons and Daughters; They the said J. F. and F. J. their Executors, Administrators and Assigns, shall yield and deliver up the Premisses, and all their Estate, and Interest therein to such person and persons to whom the same next, and immediately after the expiration of the said Term, by the true intent and meaning of these presents shall appertain, persuant to the trust in them and every of them, herein and hereby reposed.
A Limitation of an use, to such Persons to whom Cestuy que use for Life shall demise the Premisses.
TO the use of the said R. C. for and during the Term of his natural Life, and from and after the decease of the said R. C. as to such part of the premisses as shall be by the said R. C. by any Deed or Deeds by him duly executed during his Life, demised or leased to any person or persons whatsoever, for and during the Term of one and twenty years or under, or for and during the Term of one two or three Lives; To the use of such Farmers or Tenants respectively, for and during their said several and respective Terms and Interests, under the Reservations, Covenants, Provisoes and Conditions in such Demise or Lease, Demises or Leases, to be continued; and from and after the end and determination of the said several Terms and Interests, as the same shall severally and respectively end and determine, to the use and behoof of the Heirs of the Body of the said R. C. and for want of such Issue, to the use and behoof of the right Heirs of said R. C. for ever; And as to such part of the Premisses as shall not be so demised or leased by the said R. C. at the time of his death, to the use and behoof of the Heirs of the Body of the said R. C. and for want of such Issue, to the use and behoof of the right Heirs of the said R. C. for ever.
How to dispose of Portions, if the Daughters die.
AND upon this further trust and confidence And to the intent and purpose, That if it, shal happen the said R. C. to die, having one only Daughter of his Body, on the Body of the said B. [Page 361]begotten, then living or afterwards to be born as aforesaid, and that the said only Daughter shall happen to depart this life, before she shall accomplish the Age of 18 years, or be married, or if there happen to be two or more Daughters of the Body of the said R. C. on the Body of the said B. begotten then living; Then if both or all the said Daughters shall happen to die or depart this life, before either or any of them accomplish their several Ages of 18 years, or be married as aforesaid, That then the several Sum or Sums of Mony intended for their portions, and advancement of such Daughter or Daughters as aforesaid, or so much thereof as shall be raised or levied out of the Rents, Issues and Profits of all or any the Premisses, (all charges and expences defraied, wherein a full and liberal allowance shall be made and given,) shall be satisfied and paid to such person or persons, as the said R. C. by any Writing under his Hand and Seal subscribed by two or more credible Witnesses, or by his last Will and Testament to be subscribed as aforesaid, shall limit and appoint. And in default of any such limitation or appointment, to the Executors or Administrators of the said R. C.
For Maintenance till Portions shall be paid.
AND upon further trust and confidence, And to the end, intent and purpose, That the said J. F. and F. J. and the Survivor of them, their and his Executors and Assigns, shall and may out of the Rents, Issues and Profits of the said Lands, &c. so to them limited for the raising of Portions as aforesaid, with all and every the appurtenances, levy and pay, or cause to be levied and paid, to and for the maintenance of such [Page 362]Daughter or Daughters as aforesaid, If there be but one Daughter the Sum of 30 l. per annum, and if there be two or more Daughters, the Sum of 20 l. per annum apiece, until such Daughter or Daughters respectively shall attain to her or their Age of 18 years, or shall be married, and her or their Portions be paid as aforesaid.
A Revocation of a Suit.
Whereas an Action has been brought in my name at the Common Law against R. C. or a Bond wherein the said R. C. became bound unto me in the Sum of 20 l. on the, &c. as by the said Bond or Obligation, &c. Now know ye that I the said F. J. of hereby revoke and withdraw the said Action and Suit brought against the said R. C. upon the said Obligation, and all Proceedings thereupon had in my name; And do also countermand all Letters of Atturny, and other Authorities whatsoever by me heretofore made, or given to any person or persons for the Prosecution of any Action or Suit upon the said Bond, And, do also signifie and declare, that my intent and will is, that no Action shall at any time hereafter be brought or commenced against the said R. C. his Heirs, Executors Administrators or Assigns upon the said Obligation.
In witness, &c.
A discharge to an Apprentice.
Whereas C. R. by his Indenture bearing date, &c. did put himself Apprentice to me for the Term of 7 years, commencing, &c. As by the said Indenture it doth appear: Now know ye, that I the said R. C. for divers good Causes and Considerations me hereunto [Page 363]moving, do by these Presents clearly and absolutely discharge and set free the said C. R. of and from my Service, so as neither I nor any for me, shall or may at any time hereafter ask, claim or demand any Service of the said C. R. by virtue of the said Indenture; And also I do hereby Remise and Release unto the said C. R. all Actions, and all Causes of Action, Service and Demands whatsoever, which I now have against him, by reason of any Act whatsoever, from the beginning of the Wold until the day of the date hereof.
In witness, &c.
A Warrant to acknowledge Satisfaction on a Judgment.
To A. B. C. D. and E. F. Attornies of his Majesty's Court of Common-Pleas at Westminster, or to any of them, or to any other Attorney of the said Court.
WHereas I F. J. of, &c. in Trinity Term last, did obtain a Judgment in the said Court of Common Pleas at Westminster, against R. C. for 50 l. debt and 40 s. costs, as by the Record thereof Remaining in the said Court it doth at large appear, of and for which said Judgment, I the said F. J. do hereby acknowledge my self to be fully satisfied and paid, These are therefore to authorise you, or any you to acknowledge satisfaction of the said debt and costs, on the Record of the said Judgment in the said Court aforesaid, and for so doing this shall be your sufficient Warrant.
In Witness, &c.
An greement of Creditors to take their Debts at four payments, abating Interest.
WE A. B. C. D. and E. F. Creditors of R. C. of, &c. do by these Presents consent and agree for our selves, and for every of us severally, to take and accept of such Debts as are owing and due to us, by and from the said R. C. by four payments to be made on the days here mentioned for the payment thereof, by even and equal portions,; That is to say, one fourth part of our said several Debts on or before the 10th day of March next ensuing the date hereof, one other fourth part, &c. and upon the said R. C. his making the first payment, and giving security for the other three, we and every one of us, shall and will deliver up the old Security and discharge him thereof; And we and every one of us, do hereby consent and agree to forgive and abate to the said R. C. all and all manner of interest due to us or any of us, for the forbearance of our said several Debts.
In witness, &c.
A Mortgage of Lands for years, partly for Mony lent and partly for security of the Mortgagees being Sureties for other Debts of Mortgagor.
THIS Indenture Tripartite made, &c. Between R. C. of the first part, and C. R. of the second part, and J. F. of the third part witnesseth, that the said R. C. for and to the intent that the said C. R. and J. F. and either of them, and the Heirs, Executors and Administrators or either of them, shall and may be well and truly satisfied, recompenced, contented, paid and saved harmless, of and for all and singular such Sums and Sums of Mony, as they the said C. R. and J. F. or either of them, have [Page 365]heretofore lent or delivered to the said R. C. of to any other Person or Persons, to or for his use, by his consent, request or agreement, or which they the said C. R. and J. F. shall at any time hereafter lend or deliver to and for the use of the said R. C. by or at his request, consent or agreement, And also of and for and all singular such Bills, Obligations and Debts, which they the said C. R. and J. F. or either of them heretofore have made, or hereafter shall make Jointly with the said R. C. for his Debt, or at his request, Hath demised, granted and to farm letten, And by these Presents doth demise, grant and to farm lett to them the said C. R. and J. F. all that, &c. with the appurtenances; To have and to hold the said, &c. to the said R. C. and J. F. their Executors, Administrators and Assigns from the Feast, &c. for and during and until the full end and Term of 99 years from thence next ensuing, and fully to be compleat and ended, Yielding and paying therefore yearly, during the said Term unto the said R. C. his Heirs and Assigns, the Sum of 10 l. of lawful Mony of England, at the Feast of St. Michael the Archangel, and of the Annunciation of the Blessed Virgin by ever and equal Portions, Provided always, That if he the said R. C. his Executors, Administrators or Assigns, or any of any of them do and shall well and truly pay or cause to be paid to them, the said C. R. and J. F. their Executors, Administrators or Assigns, or to any of them all, and singular such Sum and Sums of Mony as they the said C. R. and J. F. or either of them heretofore have lent or delivered to the said R. C. or to any other person or persons, to or for his use by his consent and agreement, or at any time hereafter shall lend or deliver, to or for the use of the said R. C. at his request, or by his consent or agreement; And also all and singular such Sum and [Page 366]Sums of Mony as be or shall be mentioned in any Bill, Bond or Obligation, or any other Wirting whatsoever, which they the said C. R. and J. F. or either of them heretofore have made, or hereafter shall make Jointly with the said R. C. for his Debt or at his request, Together with all such costs, charges, losses and damages whatsoever, which they the said C. R. and J. F. or either of them, their or either of their Executors or Administrators, shall bear or sustain, for or by reason of any Sum or Sums of Mony, Bills, Bonds or Obligations aforesaid, or any of them, Provided also that if they the said C. R. and J. F. their Executors, Administrators and Assigns, shall be fully satisfied, contented and paid all Sum and Sums of Mony to them owing, by and from the said R. C. either with the Rents, Issues and Profits of the Premisses hereby demised, or by him the said R. C. his Executors, Administrators or Assigns or any of them, or any other way howsoever; That then and from thenceforth this present Lease, Grant and Demise, and every Matter, Clause and Covenant herein contained shall cease, determin and be utterly void and of no effect, And that then and from thenceforth he the said R. C. his Executors, Administrators or Assigns, into the said demised Premisses with the Appurtenances, shall and may lawfully enter, and the same have again retain, repossess and enjoy, any thing herein contained to the contrary notwithstanding.
In witness, &c.
H. and his Wife seized of Land, by Lease and Release and Recovery with single Voucher, convey part to J. S. and other part to T. S.
THIS Indenture, &c. made, &c. Between T. H. of, &c. and M. his Wife of the one part, J. S. Son of, &c. of the second part, and T. S. &c. of, the third part witnesseth, That the said T. H. and M. his Wife, for and in consideration of 100 l. of lawful Mony of England to them before the sealing and delivery hereof, well and truly in hand paid, Have granted, released and confirmed, and by these Presents do for them and their Heirs fully, clearly and absolutely grant, release and confirm unto the said J.S. his Heirs and Assigns for ever, all those 18 Acres of Land, &c. called M. and the reversion and reversions, remainder and remainders thereof, and all rents, services and profits to the said Premisses or any part thereof incident or belonging, And all the Estate, right, title, use, interest, inheritance, possession, reversion, claim and demand whatsoever of them the said T. H. and M. his Wife, of in or to the said Lands with the appurtenances thereof, of all which Premisses hereby granted or mentioned to be granted, the said J. S. is now in full Possession, by force and virtue of a bargain and sale thereof to him made by the said T. H. and M. his Wife for the term of ony year, to commence from the [...] day of this instant [...] by Indenture bearing date the day next before the day of the date hereof, and by force and virtue of the Statute for transferring Uses, into Possession: To have and to hold all the said Lands and Premisses with the Appurtenances, hereby granted and released, or mentioned to be granted and released unto the said J. S. his Heirs and Assigns, To the only sole and proper [Page 368]use and be hoof of the said J. S. and of his Heirs and Assigns for ever: To be holden of the Lord of the Mannor of A. by the yearly Rent of 9 s. parcel of the yearly Rent of 10 s. And the said T. H. doth for himself, his Heirs, Executors and Administrators, covenant and grant to and with the said J. S. his Heirs and Assigns, by these Presents, that he the said J. S. his Heirs and Assigns, shall or or lawfully may from time to time, and at all times for ever, hereafter, peaceably and quietly have hold, use, occupy, possess, enjoy and keep all the said Lands and Premisses with the Appurtenance; And the rents, issues and profits thereof receive, have and take up, to and for his and their own proper use and behoof, without any lett, trouble, interruption or contradiction, of or by the said T. H. and M. his Wife or either of them, their or either of their Heirs or Assigns, And without any lawful lett, trouble, interruption or contradiction, of or by any other person or persons, having or lawfully claiming, or which shall or may have, or lawfully claim any Estate, right, title or interest, of, in or to the said Lands and Premisses with the Appurtenances or any part thereof, in, by, from or under the said T. H. and M. his Wife or either of them, their or either of their Heirs or Assigns, And that free, clear and clearly acquitted and discharged of and from all former and other gifts, grants, bargains, sales, wills, entails, jointures, dowers and titles of dower, leases, rents, rent charges, arrearages of rents, statutes, recognizances, Judgments, debts, executions, extents, intrusions, issues, fees, fines, post-fines, amercements, charges, titles, troubles, burthens, and incumbrances whatsoever, had, made, committed, done or suffered, or to be had, made, committed or done by the said T. H. and M. his Wife, their Heirs or Assigns, except one Indenture of Lease [Page 369]made the 4th day of October, in the 4th year of the Reign of the King and Queen that now are whereby the said T. H. did demise the Premisses (with the other Lands herein after mentioned to be granted to the said T. H.) unto R. F. from the Feast of St Michael the Archangel, last past, for the term of 7 years, under the yearly rent of 6 l. 10 s. of which rent it is agreed, that the said J. S. his Heirs and Assigns, shall or may from time to time hereafter receive 5 l. 10 s. And the said T. H. doth for himself, his Heirs, Executors and Administrators, further covenant and grant to and with the said J. S. his Heirs and Assigns by these Presents, that he the said T. H. and M. his Wife, and all and every other person and persons whatsoever, having or lawfully claiming, or which shall or may have, or lawfully claim any Estate, Right, Title or Interest, of, in or to the said Lands and Premisses, or any part thereof, in, by for, from or under the said T. H. and M. his Wife, or either of them, shall and will from time to time, and at all times during the space of 10 years next ensuing the date hereof, at the costs and charges of the said J. S. his Heirs and Assigns, well and truly, further do, acknowledge, suffer and execute, or cause to be done and executed, all and every such further lawful and reasonable Act and Acts, Thing and Things, Device and Devices, Conveyance and Assurance in the Law whatsoever, for the further, better and more perfect assurance, surety and more sure making and conveying of the said Lands and Premisses, with the Appurtenances unto the said J. S. his Heirs and Assigns, To the only sole and proper use and behoof of the said J. S. and of his Heirs and Assigns forever, as by the said J. S. his Heirs or Assigns, or by his or their Counsel learned in the Law, shall be reasonably advised or devised and required: And this Indenture further witnesseth, That the [Page 370]said T. H. and M. his Wife, for and in consideration of 29 l. of lawful Mony of England, to them by the said T. S. before the sealing and delivery hereof, well and truly in hand paid, Have granted, released and confirmed, and by these Presents do for them and their Heirs, fully, clearly and absolutely grant, release and confirm unto the said T. S. his Heirs and Assigns, all that Toft or Ground on which a decaied House now standeth or lately stood, and all that Toft or Ground where a decaied Barn now standeth or lately stood, with a Gate-room thereunto adjoyning; And also all those several parcels, containing together by estimation two Acres in A. in the County of S. And also all ways, easments and appurtenances thereof; Which said two Acres of Land are belonging and adjoining, or near to the Tofts and Gate-room aforesaid, in the occupation of the said R. F. and lying between A. on the South, the Lands heretofore of H. B. and afterwards of F. B. Widow, on the North, and are parcel of the aforesaid Lands called M. and the reversion and reversions, remainder and remainders thereof, and all Rents, Services and Profits to the said Premisses, or any part thereof incident or belonging; and all the Estate, Right, Title, Use, Interest, Inheritance, Possession, Reversion, Claim and Demand whatsoever, of them the said T. H. and M. his Wife, of, in or to the said Tofts, Gate-room and two Acres of Land with the appurtenances: Of all which premisses hereby granted, or mentioned to be granted, the said T. S. is now in full possession by force and virtue of a Bargain and Sale thereof to him made by the said T. H. and M. his Wife for the term of one year, to commence from the [...] day of this Instant [...] by Indenture, bearing date the day next before the day of the date hereof, and by force and virtue of the Statute for transferring Uses into Possession, to have and to [Page 371]hold all the said Tofts, Gate-room and two Acres of Land with the appurtenances hereby granted and released, or mentioned to be granted and released, unto the said T. S. his Heirs and Assigns, to the only sole and proper use and behoof the said T. S. his Heirs and Assigns for ever; To be holden of the Lord of the Mannor of A. by the yearly Rent of one shilling, parcel of the yearly Rent of ten shillings. And the said T. H. doth for himself, his Heirs, Executors, and Administrators covenant and grant to and with the said T. S. his Heirs and Assigns by these presents, That he the said T. S. his Heirs and Assigns shall or lawfully may from to time, tims, and at all times for ever hereafter peaceably and quietly have hold, use, occupy, possess, enjoy and keep all the said Tofts, Gate-room, two Acres of Land and Premisses with the Appurtenances thereof, and the Rents, Issues and Profits thereof receive, have and use, to and for their own proper use and behoof, without any lett trouble, interruption or contradiction of, or by the said T. H. and M. his Wife, or either of them, their or either of their Heirs or Assigns; And without any lawful let, trouble, incorruption or contradiction of, or by any other person or persons having or lawfully claiming, or which shall or may have, or lawfully claim any Estate, Right, Title or Interest, of, in or to the said Tofts, Gate-room and two Acres of Land with the appurtenances, or any part thereof, in, by, for, from or under the said T. H. and M. his Wife or either of them, their or either of their Heirs or Assigns; And that free, clear and clearly acquitted and discharged of and from all former and other Gifts, Grants, Bargains, Sales, Wills, Entails, Jointures, Dowers, and Titles of Dower, Leases, Rents, Rent-charges, Arrearages of Rent, Statutes, Recognizances, Judgments, Debts, Executions, [Page 372]Extents, Intrusions, Issues, Fees, Fines, Post-fines, Amerceaments, Charges, Titles, Troubles Burthens and Incumbrances whatsoever had, made, committed or done, or suffered, or to be had, made, committed or done by the said T. H. and M. his Wife their Heirs and Assigns, except the beforementioned Indenture of Lease made unto the said R. F. under the said yearly Rent of 6 l. 10 s. of which it is agreed that the said T. S. his Heirs and Assigns shall and may from time to time receive twenty shillings for the proportionable Rent of the said premisses conveyed to the said T. S. And the said T. H. doth further for himself, his Heirs, Executors and Administrators covenant and grant to and with the said T. S. his Heirs and Assigns by these presents, That he the said T. H. and M. his Wife, and all and every other person and persons whatsoever, having or lawfully claiming, or which shall or may claim any Estate, Right, Title or Interest of, in or to the said Tofts, Gate-room and Premisses, or any part thereof, in, for, from or under the said T. H. and M. his Wife or either of them, shall and will from time to time, and at all times during the space of ten years next ensuing the date hereof, at the costs and charges of the said T. S. his Heirs or Assigns, well and truly further do, or cause to be done and executed all and every such further lawful and reasonable Act and Acts, Thing or Things, Devise and Devises, Conveyance and Assurance in the Law whatsoever; for the further, better and more perfect assurance, surety and more sure making and conveying of the said Tofts, Gate-room and Premisses with the appurtenances, unto the said T. S. his Heirs and Assigns, To the only sole and proper use and behoof of the said T. S. and of his Heirs and Assigns for ever; As by the said T. S. his Heirs and Assigns, or by his or their Counsel learned in the Law shall [Page 373]be reasonably advised or devised and required. And this Indenture further witnesseth, That the said J. S. did pursue out of the Court of Chancery one Writ of Entry sur disseisin en le post against the said T. H. and M. his Wife, then Tenants of and to the Freehold of all the said Lands and Premisses before herein mentioned to be granted and released, returnable before the Justices of the Court of Common Pleas at Westminster, in the Term of St. Michael last past, and thereby did demand against the said T. H. and M. all the aforesaid Lands and Premisses by the name of 20 Acres of Land with the appurtenances in A. Unto which Writ the said T. A. and M. did appear gratis and vouch to Warranty thereof the Common Vouchee of the said Court, who in like sort appeared and imparled, and after made default, whereby a Common Recovery used for assurance of Lands was thereupon recovered, executed and recorded. And this Indenture further witnesseth, and it is agreed and declared by all the parties to this Indenture by these presents, That the said Recovery so as aforesaid, or in any other Form had and executed, and the full force and execution thereof, and all proceedings thereupon had, as for and concerning the said Lands and premisses before herein mentioned to be granted and released unto the said J. S. shall be and enure, and shall for ever hereafter be deemed, esteemed, expounded, construed, judged, reputed and taken to be and enure, to the only sole and proper use and behoof of the said J. S. and of his Heirs and Assigns for ever. And this Indenture further witnesseth, and it is further agreed and declared by all the parties to this Indenture by these presents, That the said Recovery so as aforesaid, or in any other Form had and executed, and the full force and executi on thereof, and all proceedings thereupon had, as [Page 374]for and concerning the said Tofts, Land and Premisses before herein mentioned, to be granted and released unto the said T. S. shall be and enure and shall for ever hereafter be deemed, esteemed, expounded, construed, adjudged, reputed and taken to be and enure to the only sole and proper use and behoof of the said T. S. and of his Heirs and Assigns for ever. And the said J. S. doth for himself, his Heirs and Assigns covenant and grant to and with the said T. S. his Heirs and Assigns by these presents, That he the said J. S. his Heirs and Assigns shall and will from time to time yearly for ever hereafter well and truly pay or cause to be paid unto the Lord of the Mannor of A. for the time being or his Assigns, the aforesaid nine shillings, parcel of the aforesaid yearly Rent of ten shillings, at such days and times as the said yearly Rent of ten shillings to the Lord of the said Mannor of A. for the time being or his Assigns ought to be paid: Or of and from such nine shillings, parcel of the said yearly Rent of ten shillings, shall at all times save and keep harmless the said T. S. his Heirs and Assigns, and the said Tofts and Premisses to the said T. S. granted and released as aforesaid. And the said T. S. doth for himself, his Heirs and Assigns covenant and grant to and with the said J. S. his Heirs and Assigns by these presents, That he the said T. S. his Heirs and Assigns shall and will from time to time yearly for ever hereafter well and truly pay or cause to be paid unto the Lord of the Mannor of A. for the time being or his Assigns, the aforesaid one shilling, parcel of the said yearly Rent of ten shillings, at such days and times as the said yearly Rent of ten shillings to the Lord of the said Mannor of A. for the time being or his Assigns ought to be paid; or of or from such one shilling, parcel of the said yearly Rent of ten shillings, shall at all times save and [Page 375]keep harmless the said J. S. his Heirs and Assigns, and the said Lands and Premisses to the said J. S. granted and released as aforesaid.
Two Joint-tenants in Fee, that they may be Tenants in Common, make a Feoffment by Lease and Release of one Moiety to the use of the one, and of the other Moiety to the use of the other.
THIS Indenture, &c. Between A. W. &c. and M. F. &c. of the one part, and J. W. of, &c. of the other part witnesseth, That the said A. and M. being Joint-tenants in Feesimple of the Lands and Tenements herein after mentioned, have agreed to become Tenants thereof in Common; and therefore for setling the said Lands and Tenements in such manner as is herein after expressed, and for and in consideration of five shillings of lawful Mony of England to them by the said J. W. before the ensealing and delivery hereof well and truly in hand paid, and for divers other good Causes and Considerations, the said A. and M. have granted, released and confirmed, and by these presents do for them and their Heirs, fully, clearly and absolutely grant, release and confirm unto the said J. W. his Heirs and Assigns for ever, all those Lands and Tenements, commonly called or known by the name of, &c. or by whatsoever other name or names the same or any part thereof is called or known, containing by estimation, 28 Acres of Land, be it more or less, with the appurtenances (that is to say) one Coppice or parcel of Wood-lands, containing by estimation 20 Acres, more or less, and also one parcel of Pastureland to the said Coppice adjoining and belonging, containing by estimation 8 Acres, be it more or less, together with all Woods, Underwoods, Timber and Trees standing and growing on the said [Page 376]Lands and Premisses; All which said Lands and Premisses are situate, lying and being in the Parish of G. in the said County of S. and adjoining to, &c. and also all ways, passages, easments, waters, profits, commodities, advantages, hereditaments and appurtenances whatsoever to the said Lands, Tenements, Hereditaments and Premisses, or any part or parcel thereof, belonging or in any wise appertaining, and the reversion and reversions, remainder and Remainders thereof, and all Rents, Services and Profits to the said Premisses, or any part thereof incident or belonging, and all the Estate, Right, Title, Use, Interest, Inheritance, Possession, Reversion, Claim and demand of them the said A. W. and M. F. of, in or to the said Premisses: Of all which Premisses hereby granted or mentioned to be granted, the said J. W. is now in full possession by force and virtue of a Bargain and Sale thereof to him made by the said A. W. and M. F. for term of one year, to commence from the 11th day of this Instant July by Indenture, bearing date the day next before the day of the date hereof, by force and virtue of the Statute for transferring Uses into Possession, To have and to hold the Moiety or one half of the said Lands, Tenements and Premisses with the appurtenances hereby granted and released, or mentioned to be granted and released unto the said J. W. his Heirs and Assigns, to the only sole and proper use and behoof of the said A. W. and of his Heirs and Assigns for ever: And also to have and to hold the other Moiety or one half of all the said Lands, Tenements and Premisses with the appurtenances hereby granted and released, or mentioned to be granted and released unto the said J. W. his Heirs and Assigns, to the only sole and proper use and behoofof the said M. F. and of her Heirs and Assignsor ever. And the said A. W. doth for himself, [Page 377]his Heirs and Assigns covenant and grant to and with the said J. W. his Heirs and Assigns by these Presents, That he the said A. W. hath not at any time wittingly or willingly committed, done or suffered any Act or Thing whereby or wherewith the premisses or any part thereof are or is, or shall or may be impeached or imcumbred, in title, charge, estate or otherwise howsoever. And the said M. F. doth for her self, her Heirs and Assigns covenant and grant to and with the said J. W. his Heirs and Assigns by these presents, That she the said M. F. hath not at any time wittingly or willingly committed, done or suffered any Act or Thing, whereby or wherewith the premisses, or any part thereof are or is, or shall or may be impeached or incumbred in Title, Charge, Estate, or otherwise whatsoever.
In witness, &c.
A Bargain and Sale of House and Land.
THIS Indenture made, &c. Between J. F. of the one part, and R. C. of the other part witnesseth, That the said J. F. for and in consideration of the sum of, &c. to him in hand paid at and before the ensealing and delivery of these presents by the said R. C. the receipt whereof he doth hereby acknowledge, and thereof by these presents doth acquit and discharge the said R. C. his Executors and Assigns, Hath Given, Granted, Aliened, Bargained, Sold, Enfeoffed and Confirmed: And by these Presents doth fully, clearly and absolutely Give, Grant, Bargain, Sell, Alien, Enfeoff and Confirm unto the said R. C. his Heirs and Assigns for ever, all that, &c. with all its rights, members and appurtenances, together with all Houses, Edifices, Buildings, Barns, Stables, Orchards, Gardens, Yards, Back-sides, Easments, Lands, Tenements, Meadows, Feedings, Pastures, Woods, [Page 378]Under-woods, Ways, Profits, Common of Pasture, Hereditaments and Appurtenances whatsoever to the said Messuage or Tenement and Premisses, or to any part or parcel thereof belonging, or in any wise appertaining; All which said Messuage, Lands, &c. and every of their Rights, Members and Appurtenances, before, in and by these Presents, mentioned, or intended to be granted, are situate, lying and being within the Parish of B. in the County of S. And now or late in the tenure or occupation of the said R. C. or his Assigns; and the Reversion and Reversions, Remainder and Remainders of all and singular the before-mentioned premisses, and all Rent and Rents reserved upon any grant or grants, demise or demises, made of the premisses, or of any part or parcel thereof; and also all the Estate, Right, Title, Interest, Use, Possession, Property, Claim and Demand whatsoever of him the said J. F. of, in or to the same; and all Deeds, Writings, Evidences, Charters, transcripts of Fines, Court-rolls and Minuments whatsoever, touching or concerning the Premisses, or any part or parcel thereof, To have and to hold the said, &c. and all and singular other the premisses hereby granted, bargained and sold or mentioned or intended to be hereby bargained and sold, with their and every of their Rights, Members and Appurtenances whatsoever, unto the said R. C. his Heirs and Assigns, to the only proper use and behoof of the said R. C. his Heirs and Assigns for ever. And the said J. F. for himself and his Heirs, the said Messuage, &c. and all and singular other premisses, before granted, bargained and sold with the appurtenances unto the saip R. C. and his Heirs, to the only proper use and behoof of the said R. C. his Heirs and Assigns for ever, against him the said J. F. and all other person or persons whatsoever lawfully claiming, [Page 379]by from or under him, them or any of them shall and will warrant, and for ever defend by these presents. And the said J. F. for himself, his Heirs, Executors and Administrators doth covenant, promise, grant and agree to and with the said R. C. his Heirs and Assigns, and every of them by these presents, in manner and form following, (that is to say) That he the said J. F. at the time of the ensealing and delivery of these presents is and until a good, pure, perfect and absolute Estate of Inheritance of all and singular the before granted premisses and every part thereof, shall be fully rested, setled and executed in and upon the said R. C. and his Heirs, according to the true meaning of these presents, shall remain, continue and be seized of, and in the said Messuage, &c. and all and singular other the premisses, in and by these presents granted, bargained and sold, with all and every their Rights, Members and appurtenances, of a good, pure, perfect and absolute Estate of Inheritance in Feesimple, without any condition, reversion, remainder or limitation of any Use or Uses, Estate or Estates, in or to any person or persons whatsoever, to alter, change, defeat, determine or make void the same. And that the said J. F. at the time of ensealing and delivery of these presents, hath full power good right and lawful authority to grant, bargain, sell and convey all and singular the before hereby granted or mentioned to be granted premisses, with their and every of their appurtenances unto the said R. C. his Heirs and Assigns in manner and form aforesaid. And that he the said R. C his Heirs and Assigns and every of them shall and may by force and virtue of these presents at all times hereafter lawfully, peaceably and quietly have, hold, use, occupy and possess the said, &c. and all and singular the before granted premisses, with their and every [Page 380]of their Rights Members and Appurtenances, and have, receive and take the Rents, Issues and Profits thereof to his and their own proper use and behoof for ever, without any lawful lett, suit, trouble, denial, interruption, eviction or disturbance of the said J. F. his Heirs or Assigns, or from any other person or persons whatsoever lawfully claiming by, from or under him, them or any of them, or by his or their means, act or consent, title, interest, privity or procurement: And that free and clear, and freely and clearly exonerated and discharged, or otherwise from time to time well and sufficiently saved and kept harmless by the said J. F. his Heirs and Assigns of and from all and all manner of former and other Gifts, Grants, Bargains, Sales, Leases, Mortgages, Jointures, Dowers, Title of Dower, Statutes-merchant and of the Staple, Recognizances, Extents, Judgments, Executions, Uses, Entails, Rents and Arrearages of Rent, Forfeitures, Fines, Issues and Amerceaments, and of and from all and singular other Titles, Incumbrances and Demands whatsoever, had made, committed, suffered, committed or done by the said J. F. or his Assigns, or by any other person or persons whatsoever, lawfully claiming by, from or under him, them or any of them (the Rents and Services which from henceforth from time to time shall grow due and payable to Chief Lord or Lords of the Fee or Fees of the premisses only excepted and foreprized.) And further the said J. F. for himself, his Heirs Executors and Administrators doth covenant, promise and agree to and with the said R. C. his Heirs and Assigns, That he the said J. F. his Heirs, &c. and all and every other person and persons and their Heirs lawfully having or claiming, or which shall hereafter lawfully have and claim any Estate, Right, Title, Interest or Demand in, to or out of the Premisses [Page 381]or any part thereof, by, from or under the said J. F. his Heirs or Assigns, shall and will at all times during the space of seven Years next ensuing the date hereof, at and upon the reasonable request and at the costs and charges in the Law of the said R. C. his Heirs or Assigns, make, do, perform, acknowledge, levy, execute and suffer, or cause to be made, done, performed, acknowledged, levied, executed and suffered all and every such farther lawful and reasonable Act and Acts, Thing and Things, Devise and Devises, Assurance and Conveyance in the Law whatsoever, for the farther, better and more perfect Assuring and Conveying of all and singular the before hereby granted or mentioned to be granted premisses, with their and every of their rights, members and appurtenances, unto the said R. C. his Heirs and Assigns, be it by Fine or Fines, Feoffment or Feoffments, Deed or Deeds enrolled or not enrolled, the Enrollment of these Presents, Recovery or Recoveries, with single or double Voucher or Vouchers, Release and Confirmation, or by all and every, or any the ways and means aforesaid, or by any other ways or means whatsoever, as by the said R. C. his Heirs or Assigns, or by his or their Counsel Learned in the Law, shall be reasonably devised, advised or required; so as the said J. F. his, &c. or such other person or persons who shall be required to make such farther Assurance, be not compelled travel farther than the Cities of London and Westminster, or either of them in or about the making thereof. And lastly, It is covenanted, granted, concluded, condescended to and agreed by and between the said Parties to these Presents, for them, their Heirs and Assigns, by these Presents, that all Fines, Feoffments, Recoveries and Assurances in the Law whatsoever, hereafter to be had, made, levied, acknowledged, [Page 383]suffered, or done by or between the said Parties to these Presents or any of them, of, for, touching or concerning the said, &c. and all the said singular other the hereby before granted Premisses, with their Rights, Members and Appurtenances, and every or any part thereof, shall be and enure, and shall be construed, esteemed and judged, and taken to be, and enure to the only proper use and behoof of the said R. C. his Heirs and Assigns forever, and to no other use, intent or purpose whatsoever.
In witness, &c.
A Grant of an Annuity or Rent for years.
THIS Indenture made, &c. Between J. F. of, &c. of the one part, and R. C. of, &c. of the other part witnesseth, That the said J. F. for and in consideration of the Sum of 100 l. of lawful Mony of England, to him paid by the said R. C. before the ensealing and delivery hereof, the receipt whereof he doth hereby acknowledge, and thereof doth by these Presents for ever acquit and discharge the said R. C. his Executors, Administrators and Assigns, Hath given, granted and confirmed, and by these Presents doth give, grant and confirm for him and his Heirs unto the said R. C. his Executors and Assigns, one Annuity or yearly Rent-charge of 40 l. of lawful Mony of England, to be issuing and going out of all those Lands, &c. with their and every of their Appurtenances in B. in the County of C. To have and to hold, perceive, receive and take the said Annuity or yearly Rent-charge of, &c. unto the said R. C. his Executors and Assigns, from the day of the date of these Presents, for and during the full term of 20 years now next ensuing, and fully to by compleat and ended, To be paid at the four most usuall Feasts [Page 382]or Terms in the year; That is to say, at the Feast of, &c. by even and equal Portions, And the said J. F. for himself his Heirs, Executors and Assigns, and for every of them doth covenant, promise and grant, to and with the said R. C. his Heirs and Assigns, that if the said yearly Rent of, &c. shall happen to be behind and unpaid in part or in all, for the space of 10 days after any of the days before limited for the payment thereof, being lawfully demanded, That then he the said J. F. his, &c. shall forfeit and pay to the said R. C. his Executors or Assigns, the Sum of 40 s. for every failure of payments of the said Annuity or Rent charge on the said days before appointed for the payment of the same; And also that it shall and may be lawful, to and for the said R. C. his Executors and Assigns, from time to time from and after the said Feast days appointed for payment of the said Annuity or Rent-charge if the same be not then paid, to enter into and upon the, &c. and distrain as well for the said yearly Rents, as for the said Sum of Sums of Mony which shall happen to be forfeited in manner and from aforesaid, And the said J. F. for himself his, &c. doth covenant, promise and agree, to and with the said R. C. his Executors and Assigns, that he the said J. F. at the time of the enseaing and delivery of these Presents, is solely, rightfully and absolutely seized in his Demesne as of Fee to his own proper use and behoof, without any manner of consideration, limitation of any use or uses to alter, change or determin the same, of and in the said, &c. and all other the premisses abovenamed with their Appurtenances, and of every part and parcel thereof; And that he now hath full Power and lawful Authority, to charge all the said Premisses with the Appurtenances and every [Page 384]part thereof with the said Annuity or yearly Rent of, &c. in manner and form aforesaid, and also that the said, &c. and all other the Premisses now are, and at all times during the said 20 years, shall remain, continue and be liable, (if the said R. C. shall so long live) to the distress and distresses of the said R. C. his Executors or Assigns, as the case shall require, for and concerning the said yearly Rent or Penalties in these Presents before mentioned, And the said J. F. for himself, &c. That he the said J. F. his Executors or Assigns, shall and will from time to time, and at all times during the space or 4 years next ensuing the date hereof, at the reasonable request, and at the costs and charges in the Law of the said R. C. his Executors or Assigns, make, acknowledge and do, or cause to be made, acknowledged and done, all and every such further, reasonable and lawful act and acts, thing and things, device and devices in the Law whatsoever, for the farther, more perfect and better assurance and conveyance of the said Annuity or yearly Rent-charge of, &c. to the said R. C. his Executors or Assigns, for and during the said Term of 20 years, if the said R. C. do so long live, according to the true intent and meaning of these Presents, as by the said R. C. his Executors or Assigns, or his their Counsel learned in the Law shall be reasonably, devised, advised, or required;
In witness whereof the said J. F. hath given and delivered unto the said R. C. 5 s. of lawful Mony of England, in the name of seizin of the aforesaid Annuity or yearly Rent-charge of, &c. before mentioned; And also he the said J. F. and R. C. have hereto interchargably set their Hand and Seals, the day and year first above witten.
A Conveyance of Land to use of a Mans Heirs, the Profits during their Minority to pay Debts.
THIS Indenture made, &c. Between J. F. of the one part, and R. C. C. R. and D. C. of the other part witnesseth, That the said J. F. for and in consideration of the love and affection which he beareth towards A B. and his three Sons, and for the advancement of the Heirs Male of the Body of the said J. F. lawfully to be begotten, and for divers other considerations herein mentioned, Hath given, granted, enfeoffed and confirmed, And by these Presents doth give, grant, enfeoff and confirm unto the said R. C. C. R. and D. C. all those Lands, &c. with all and singular liberties courts, fairs, commodities, priviledges, jurisdictions, emoluments and appurtenances whatsoever, to or with the said, &c. used or enjoyed, in or out of the same, or out of any part or parcel thereof; To have and to hold the said, &c. unto the said R. C. C. R. and D. C. and their Heirs for ever, to the use and behoof of the said J. F. for the term of his natural life, without impeachment of wast, and from and after the decease of the said J. F. and during the time that the said A. Son and Heir apparent of the said J. F. or any other being the Heir of the said J. F. shall be under the Age of 21 years, and until some Heirs of the said J. F. shall have accomplished the full Age of 21 years, to the use of the said R. C. C. R. and D. C. and the Survivor and Survivors of them, and the Executors and Administrators of the Survivor of them, upon trust and to the intent and purpose that the said R. C. and D. and the Survivors or Survivor of them, and the Executors and Administrators of the Survivor of them, shall take, levy, possess, use and enjoy the Rents, Issues, Profits, Revenues and Commodity of all and singular the [Page 386]said, &c. with the appurtenances, and the same employ during the minority or minorities as is aforesaid, for and towards the performance, payment and satisfaction of all the Legacies, Bequests and Annuities and Debts of the said J. F. to be mentioned and specified in the last Will and Testament of the said J. F. And to the use and intent, that the said Feoffees and the Survivors and Survivor of them, their or his Executors and Assigns, shall with the Issues, Profits, Revenues and Rents, coming, growing and arising out of, and from the said, &c. with the appurtenances, expend, disburse and bestow at all times such necessary charges in the Law and otherwise for the defence and maintenance of the Possession and Title of all and singular the Premisses, and every or any part thereof, and for the reparation and amendment of all Buildings, &c. in, upon or belonging to the Premisses aforesaid, until such time as the said Legacies, &c. to be mentioned in the said Testament of the said J. F. as aforesaid, shall be paid and performed, and until some Heir of the said J. F. shall have attained to the Age of 21 years; And to the use and intent, that after such Legacies, &c. paid and performed, the said Feoffees shall stand and be seized of the overplus, of such Rents, Issues, &c. to the only use and benefit of the Heirs of the said J. F. And after the Heirs of the said J. F. shall accomplish their full Ages of 21 years, That then the said R. C. and D. and their Heirs shall stand and be seized of all and singular the said, &c. to A. F. and the Heirs Male of his Body lawfully begotten; And for default of such Heirs Male of the Body of the said A. F. lawfully begotten, to the use and behoof of the said B.F. second Son of the said J. F. and the Heirs Male of his Body lawfully begotten; And for default of such Heirs Male of the Body of the said B. F. lawfully [Page 387]begotten, to the use and behoof of the Heirs Male of the Body of C. F. third Son of the said J. F. and in default of such Heirs Male of the Body of the said C. F. lawfully begotten, to the use of the Heirs of the Body of the said J. F. and for default of such Issue, to the use of the right Heirs of the said A. for ever: Provided always, and it is the true meaning, use and intent of these Presents, That if the said J. F. hereafter at any time during his Life time, shall demise, grant or lease the said, &c. or any part or parcel thereof, by his Deed indented under his Seal, and with his Subscription of his Name, with his own Hand, for term of year or years, life or lives; That then and immediately after any such Demise, Lease or Grant so to to be made by the said J. F. the said R. C. and D. shall stand and be seized, of, and in the said Mannor, &c. so to be leased or granted, to the use and behoof of the same Lessees or Grantees, and every of them, and of their several Executors, Administrators, and Assigns, during the Terms mentioned in such several Leases or Grants so to be made, So that the yearly Rent or Rents, mentioned or reserved by the said J. F. in such Leases, Demises or Grants, be yearly paid unto the said J. F. during his life, and after his decease to such person or persons, as by the proper and true meaning of these Presents, ought to have the reversion or remainder, reversions or remainders of the said Lands, &c. so to be leased or granted, (A Letter of Attorney to deliver seizin to the Fe-offees,) Provided always, that if the said J. F. by his Writing signed and sealed in the presence of three witnesses, shall repeal, revoke or determin, all or any the uses aforesaid or any part thereof, that then, and from thenceforth the said uses so to be repealed shall be void and of no effect, and that then the said Feoffees shall thereof stand seized [Page 388]to the only use of the said J. F. and his Heirs for ever.
In witness, &c.
J. F. being seized in Fee, Convenants to levy a Fine to the use of himself for Life, and his Wife for Life, with Entail to his first, second or third Son, and in default of Issue Male, to his right Heirs.
THIS Indenture Tripartite made, &c. Between J. F. and R. his Wife of the first part, R. C. and C. R. of the second part, and P. F. Son and Heir apparent of the said J. F. of the third part witnesseth, That the said J. F. for and in Consideration of the natural love and affection, which he beareth unto the said P. F. and for the better setling of the Messuage, &c. hereafter mentioned to such uses, intents and purposes as are hereafter specified, and the continuance of the said Premisses, in the Name and Blood of the said J. F. doth for himself, his Heirs, Executors and Administrators, Covenant, Grant and Agree, to and with the said P. F. his Heirs, Executors and Administrators by these Presents, that he the said J. F. and R. his Wife on this side, and before the Feast of, &c. next ensuing the date hereof, shall and will at his proper costs and charges, by such Fine or Fines with Proclamations to be had and levied in due form of Law, as shall be devised or advised by the said P. F. or his Counsel learned in the Law, convey and assure unto the said R. C. and C. R. and to the Heirs of one of them, all and singular, &c.
And it is covenanted, condescended unto, concluded, declared and agreed by and between the said Parties to these Presents, that the said Fine or Fines so to be levied, and had of the said Messuage, &c. and other the Premisses with the Appurtenances, [Page 389]before in these Presents mentioned and of every or any part or parcel thereof, and the Estate, Right, Title, Interest and Possession of them, the said R. C. and C. R. and either of them and of their and either of their Heirs, of, in and to the said Premisses, and every part thereof, thereby to be had, shall be, and the said R. C. and C. R. and their Heirs and the Survivor of them and his Heirs, and all, and every other person and persons, his and their Heirs, that shall stand or be seized thereof, or of any part thereof, shall stand and be seized of the same, and of every part and parcel thereof, to the several uses, intents, agreements, limitations and payments, and under the provisoes and conditions hereafter, in and by these Presents expressed, mentioned and declared, and to no other use or uses, intent or purposes whatsoever; That is to say, to the only use and behoof of the said J. F. for and during the Term of his natural Life, without impeachment of wast; And from and after his decease, to the use and behoof of the said R. F. his Wife, for and during the term of her natural Life, And from and after the decease of the said J. F. and R. F. to the use and behoof of the said P. F. and of the Heirs Male of his Body, lawfully begotten or to be begotten, To be charged nevertheless, and chargeable with such yearly Rent or Rents, and distresses for the same, as shall be hereafter in these Presents Limited or expressed, And for want of such Issue to C. F. second Son of the said J. F. and of the Heirs, Males of the Body of the said C. F. lawfully begotten or to be begotten, charged nevertheless and chargeable as aforesaid, And for want of such Issue, to the use and behoof of the right Heirs of the said J. F. for ever.
Provided always, that it shall and may be lawful to and for the said J. F. at any time or times [Page 390]hereafter, during his natural Life, by his Deed or Deeds in his life time lawfully executed, to assure, appoint, limit and convey to any lawful Wife or Wives, which the said J. F. shall hereafter fortune to marry, (in case he Survive the said R. F.) for term of the life only of such Wife or Wives, for or in the name of the Jointure or Jointures of such Wife or Wives, one full third part or less, or so much as shall amount to a third part of all the said, &c. And also, that it shall and may be lawful to and for the said J. F. during the term of his natural Life, by any Deed or Deeds in Writing under his Hand and Seal or otherwise, by his last Will and Testament in Writing, to grant, assure, limit, devise and convey, to every or any the younger Sons of the said J. F. of his Body lawfully begotten or to be begotten, for term of the Life or Lives of such younger Son or Sons, such yearly Rent-charge or Rent-charges, with a Clause of distress for every such Rent, as by the said J. F. shall be thought meet and convenient, to be yearly issuing and going out of all and every the said, &c. or any part thereof, from and after the decease of the Survivor of them the said J. F. and R. F. so that the said Rent or Rents so to be granted, limited or devised as aforesaid, do not exceed the Sum of 50 l. per An. in the whole.
And further, that it shall and may be lawful to and for the said J. F. at any time or times during his natural Life to make any Lease or Leases, unto every or any of his younger Son or Sons, for the term of One and twenty years or under, in possession or reversion, of all or any the said, &c. whereof the said Fine or Fines before mentioned, is covenanted to be levied by the said J. F. or any part or parcel thereof, (the said Lease or Leases to commence immediately, from and after the decease of the Survivor of them, the said J. F. and [Page 391] R. F. his Wife,) charged and chargeable nevertheless with such Rent and Rents, Sum and Sums of Mony or Payments, as before or after in these Presents are appointed, declared or limited to be had, levied or issuing out of the Premisses or any part thereof, in such sort as in these Presents is mentioned and declared, so that the same Lands, &c. so to be demised and leased to any of the said younger Sons, do not exceed in the whole the yearly value of, &c. per annum, over and above the Rent or Rents reserved upon such Lease or Leases, and so as upon every such Lease and Leases so to be had as aforesaid, the old and accustomed yearly Rents and Services, be reserved to be yearly payable and done during the continuance of every such Lease and Leases, at the days and times formerly used, And so that the same Lease and Leases or any of them to be made as aforesaid, be not without impeachment of Wast.
And it is covenanted, granted, concluded and agreed, by and between the said Parties to these Presents, that the said Fine and Fines so to be levied and had as aforesaid, shall be and enure, and that the said R. C. and C. R. and their Heirs and the Survivor of them and his Heirs, shall stand and be seized of all such Lands, &c. which shall by virtue of these Presents, be limited or appointed to be charged with any Rent or Rents, Sum or Sums of Mony or Payments, to any person or persons, or which shall hereafter be granted, leased, demised or charged according to the intent or true meaning of these presents, and according to the power, liberty and authority hereby given, permited and allowed, as well to the use of such person or persons, to whom any parcel of the Premisses in these Presents mentioned, shall be hereafter so limited, appointed, demised leased, [Page 392]granted and conveied, of such Estate and Estates, and for such term and time as the same shall be pursuant to the said Authority hereby given to be limited, appointed, leased or conveied, and under the covenants, charges, conditions and agreements in such Lease or Leases, Deed or Deeds to be contained; As also to the use and intent, that to every person and persons, to whom any Rent, yearly Sum or Payment shall be hereafter granted, limited, appointed or devised, according to the true intent and meaning of these Presents, and according to the power, liberty and authority, allowed and given in and by these Presents, shall and may have, receive, levy and take the same, and likewise distrain for such Rents, Sum and Sums of Mony, as shall fortune to be behind and unpaid, according to the intent and true meaning of these Presents, and of the several grant or grants, limitation or limitations, device or devices, appointment or appointments, of, for or concerning the same to be had or made, pursuant to the power and authority hereby given as aforesaid.
A Declaration of the Uses of a Recovery and Fine already past, viz. To the use of J. F. and of R. F. his Wife for Life, in lieu of a Jointure, and to the use of a Trustee for ten years, to pay Debts and Legacies, and afterward to the use of the Right Heirs of J. F. in Fee.
THIS Indenture Tripartite, &c. Between J. F. of the first part, R. F. of the second part, and R. C. and C. R. of the third part; Whereas the said R. C. and C. R. in Trinity Term last, did by Writ of Entry sur disseizin en le post, Recover against the said F. J. all, &c. [as in the Recovery] as in and by the said Recovery, remaining of Record in his Majesty's Court of Common [Page 393]Pleas at Westminster, relation being thereunto had, more fully and at large it doth appear. And whereas, &c. (recite the Fine if any be) Now this Indenture witnesseth, That the true intent and meaning of the said J. F. and of the said Recoverors and parties to the said Recovery, and of the Cognizees of the said Fine, and parties to the said Fine, before and at the several and respective time and times of the suffering of the said Recovery, and acknowedging and levying of the said Fine for, touching and concerning the said, &c. and premisses, whereof the said Recovery and Fine were severally and respectively suffered and acknowledged as aforesaid, always was and yet is, that as well the said Recovery as the said Fine, and all and every Fine and Fines, Recovery and Recoveries and other Acts and Assurances of and concerning the said, &c. with the appurtenances, or of any of them at any time formerly suffered, levied, executed or had, wherein or whereunto the said J. F. was or is any way a party, and all and every the Executions of the same, should and shall be and enure, and be construed, adjudged, deemed and taken to be and enure, and are hereby covenanted, granted, agreed and declared to be and enure to the uses, purposes and intents, and under the Proviso's, Conditions and Limitations hereafter in these Presents expressed, limited and declared: And that the said Recoverers, and either of them, and all the parties in the said Recovery and takers thereby, and their Heirs, and all other person and persons, and his and their Heirs who now are, or then were, or hereafter shall be seized of the said &c. with their and every of their appurtenances comprized in the said Recovery should and shall stand and be seized of the said, &c. comprized in the said Recovery, and of every part and parcel thereof with the appurtenances, to the uses, purposes [Page 394]and intents hereafter expressed. And that the said Cognizees of the said Fine, and either of them, and all the parties to the said Fine, and the takers thereby, and the Heirs of them, and every of them, and all and every other person and persons and his and their Heirs who at the time of the levying of the said Fine were, or now are, or hereafter shall be seized of the aforesaid, &c. comprized in the said Fine, and every of them should and shall stand and be seized of the same &c. comprized in the said Fine, and every part and parcel thereof with the appurtenances, to the uses, purposes and intents hereafter in these presents expressed and declared, (that is to say) for, touching and concerning the said, &c. with the appurtenances, comprized in the said Recovery, to the use and behoof of the said J. F. and his Assigns, for and during the term of his Natural Life, without impeachment of waste; and from and after the decease of the said J. F. to the use and behoof of R. F. now Wife of the said J. F. for and during the Natural Life of the said R. F. for her Jointure, and in lieu and full recompence of her Dower, out of all the Lands, &c. whereof the said J. F. now, is or at any time was or shall be seized of any Estate of Inheritance, during the Coverture between him and the said R. F. and for, touching and concerning all and every the other, &c. mentioned and comprized in the said Recovery and Fine, to the use and behoof of the said J. F. for and during the term of his Natural Life, without impeachment of waste. And for, touching and concerning the immediate Remainder of the said, &c. before-mentioned, or meant to be limitted to the said R. F. for her Jointure as aforesaid, immeditately from and after the decease of the said, J. F. and R. F. his Wife, and of the Survivor of them, and the immediate Remainder of all and [Page 395]every the other, &c. and every of them, comprized within the said Recovery and Fine (whereof there is no use before limited or declared to the said R. F. for her Jointure) to such uses, purposes and intents (immediately from and after the decease of the said J. F.) and under such Proviso's Conditions and Limitations as hereafter in these presents are specified, expressed, limited and declared, and to no other use, intent or purpose whatsoever, (that is to say) to the use of the said R. C. and C. R. their Executors, Administrators, and Assigns, for and during the terms and, spaces of years herein after mentioned, to commence and begin as hereafter followeth, viz. For, touching and concerning the said, &c. before limited to the said R. F. for her Jointure, for the term or space of ten years, to begin immediately from and after the death of the longest liver of them the said J. F. and R. F. his Wife: And for, touching and concerning all the rest and residue of the said, &c. comprized in the said Recovery and Fine, for and during the like term and space of ten years, to commence imediately from and after the decease of the said J. F. upon trust and confidence, and for and unto the end, intent and purpose, that they the said R. C. and C. R. their Executors, Administrators and Assigns shall and may receive, perceive, dispose and employ the Rents, Revenues, Issues and Profits of all and every the said, &c. for and during the said several terms of ten years, for and towards the payment and satisfaction of all such Debts and Sums of Mony which he the said J. F. doth now owe, or shall hereafter borrow or owe, or for which any person or persons now doth or do, or hereafter shall stand engaged for or with the said J. F. and for his proper Debt, and for and toward the payment of such Legacy or Legacies, and Sums which [Page 396]the said J. F. shall by his last Will and Testament in writing, to be by him signed, sealed and published before three sufficient Witnesses at the least, give, limit, ordain and appoint. And from and after the end, expiration, surrender or other determination of the said term or terms of ten year; And as they shall severally end and determine, to the use and behoof of such person and persons, and for such Estate and Estates as the said J. F. shall by his last Will and Testament in Writing, in the presence of three Credible Witnesses or more, limit, appoint and declare; and in default of such limitation, appointment or declaration, to the use and behoof of, &c. Provided always, &c.
(here may follow a power in J. F. to make Leases, &c. reserving the accustomed Rent,) &c.
J. F. being a Tenant in Fee and by Curtesie of Lands, &c. the Reversion of part thereof to P. F. his Son. J. F. and P. covenant to levy a Fine and Recovery to the use of himself and Son for Life, with divers Limitations in Tail, and power in P. F. to make Leases for Portions for his Daughters, and also 1500 l. to be paid to S. F. the second Son of J. F. &c.
THIS. Indenture Tripartite made, &c. between J. F. of, &c. and P. F. Son and Heir Apparent of the said J. F. and R. F. deceased, late Wife of the said J. F. and sole Daughter and Heir of E. D. of, &c. deceased, of the first part, R. C. and C. R. of the second part, and C. D. and J. V. of the third part; Whereas the said J. F. is seized in his Demesn as of Fee of some part of the Mannor, Lands, &c. hereafter mentioned, and is also seized for term of his Life as Tenant by the Curtesie of England, of other the Mannors, Messuages, &c. hereafter specified, the Reversion whereof [Page 397]in Feesimple being descended by and after the decease of the said R. F. unto the said P. F. Now to the intent and purpose that the Mannors, &c. hereafter mentioned and expressed, may be established, vested and setled in and unto the said J. F. during the term of him Natural life, and after his decease, upon the said P. F. and upon his Name, Stock and Posterity, and to such other uses as are hereby appointed. It is covenanted, condescended, concluded and fully agreed by and between the said parties to these presents, And the said J. F. and P. F. do for themselves their Heirs, Executors and Administrators covenant, promise, grant and agree to and with the said R. C. and C. R. their, Heirs, Executors and Administrators, and to and with every of them by these presents, That they the said J. F. and P. F. shall and will on this side and before the end of Hillary Term now next ensuing, in due form of Law, by one Fine with Proclamation, to be levied before the Justices of our Sovereign Lord, &c. of his Majesty's Court of Common Pleas at Westminster, between the said D. C. and J. V. Plaintiffs, and the said J. F. and P. F. Deforceants, recognize and acknowledge all those Mannors of A. B. C. and D. with the appurtenances, lying and being in B. in the County of S. in which the said J. F. and P. F. or either of them have, or heretofore had any Estate of Inheritance in possession or reversion, or remainder, with all and singular the appurtenances thereof, by some name or names, &c. in the said Fine to be contained, to be the right of the said D. C. as those which they the said D. C. and J. V. have of the gift of the said J. F. and P. F. and the same shall thereby remise and quit claim from the said J. F. and P. and theirs Heirs, to the said D. C. and J. V. and to the Heirs of the said D. C. for ever. And moreover shall by the [Page 398]s [...]id Fine, warrant the said Mannors, &c. with the Appurtenances, unto the said D. C. and J. V. and the Heirs of the said D. C. against them the said J. F. and P. F. and their Heirs for ever. Which said Fine or Fines so as aforesaid, or in any other sort to be levied and acknowledged, shall be and enure, and shall be deemed, adjudged, esteemed, reputed and taken to be and enure to the use of the said D. C. and J. V. and their Heirs, to the end, intent and purpose, that they the said D. C. and J. V. may become perfect Tenants of the Freehold of the said Mannors, &c. whereby one or more perfect Common Recovery or Recoveries shall or may thereof be had and suffered in manner and form hereafter following. For which intent and purpose it is covenanted and agreed by and between the said parties to these presents. That it shall and may be lawful to and for the said R. C. and C. R. to bring, pursue and prosecute against them the said D. C. and J. V. one or more Writ or Writs of Entry sur disseizin en le post, of and for the said Mannors, &c. with their and every of their Appurtenances, whereby the said R. C. and C. R. shall demand the, &c. against them the said D. C. and J. V. to which Writ the said D. C. and J. V. shall appear personally or by Attorny, and after defence made shall vouch to Warranty the said J. F. and P. F. who shall likewise appear and enter into the Warranty, and vouch over the Common Vouchee, who shall likewise appear and enter into the Warranty, and after make default, to the end that a perfect Common Recovery, with double Voucher may be had and executed according to the course of Common Recoveries to be had and executed of the, &c. with the Appurtenances; which said Recovery so as aforesaid, or in any other manner to be had, and all other Common Recoveries, Fines, Feoffments, Conveyances [Page 399]and Assurances in the Law whatsoever, since the decease of the said R. F. had, made, levied, suffered, acknowledged or executed, or to be had, made, levied, suffered, acknowledged or executed by or between the said parties to these presents, or any of them, or whereunto they or any of them shall be parties, of, for and concerning the said, &c. or any of them, or any part or parcel of them shall be and enure, and shall be adjudged, deemed, reputed to be and enure to the uses, behoofs, intents and purposes, and with, upon and under such Proviso's, Conditions, Powers and Limitations as are hereafter on and by these presents mentioned, declared, limited and appointed, (that is to say) for and concerning the said Mannor of A. and B. &c. (with the general words) to the said P. F. for and during the Term of his Natural Life, without impeachment of or for any manner of waste, and with full power to do or commit waste. And for and after the decease of the said P. E. to the use and behoof of the said J. F. for and during the Term of his Natural Life. And from and after the decease of the said J. F. and P. F. to the use and behoof of C. F. eldest Son of the said P. F. and of the Heirs Males of his Body lawfully to be begotten, and for default of such Issue, to the use and behoof of D. F. second Son of the said P. F. and of the Heirs Male of the Body of the said D. F. lawfully to be begotten, &c. (to the tenth Son) and for default of such Issue, to the use and behoof of all and every other the Sons of the said P. F. lawfully to be begotten successively one after the other, and of the Heirs Male of the Body of every such Son or Sons, severally and respectively to be begotten, as they and every of them shall be in Seigniority of Age and Priority of Birth; the eldest of the said Sons, and the Heirs Male of his Body, being ever preferred before the [Page 400]younger of the said Sons, and the Heirs Male of the Body of the said S. F. lawfully to be begotten, and for default of such Issue, to the use and behoof of the Heirs of the Body of the said J. F. lawfully begotten and to be begotten, and for the want of such Issue, to the use and behoof of the right Heirs of the said J. F. for ever. And as for and concerning the said Mannor of, &c. to the use and behoof of the said R. C. and C. R. and of their Heirs and Assigns for ever, upon trust and confidence nevertheless, and to the end, intent and purpose, that they the said R. C. and C. R. and the Survivor of them and his Heirs, shall and will sell, convey and assure the said Mannor, &c. with the Rights, Members and Appurtenances thereunto belonging and every part thereof, late the Inheritance of the said R. F. deceased, for the best benefit, profit and advantage which shall or may be bona fide had or gotten for the same. And that the Mony to be raised by every such Sale, and as every such Sale shall be made, shall be forthwith paid and disposed of by the said R. C. and C. R. and the Survivor of them and his Heirs as followeth, (that is to say) so much Mony thereof to the said J. F. his Executors or Administrators, as according to the true yearly value of the said Mannor and Lands, shall come to seven years purchase: And for the residue of the Mony to be raised by such Sale as aforesaid, shall be disposed of, for and towards the payment of the Debts of the said P. F. and Sums of Mony mentioned in the Schedule hereunto annexed: And for and toward the payment of such Legacies as the said P. F. shall by his last Will and Testament devise and bequeath if any Overplus remain after the said Debts are fully satisfied and paid: And in default of such Devise or Bequest, to the Executors or Administrators of the said P. F. and upon further Trust and Confidence [Page 401]that the said J. F. his Executors, Administrators or Assigns shall and may have, receive and take to his own proper use and behoof all and singular the Rents, Issues, Revenues and Profits of the said Mannor, &c. hereby limited and intended to be sold, until such sale shall be made thereof as aforesaid. Provided always, and it is the true intent and meaning of these Presents. That if the said C. F. eldest Son of the said P. F. or such other person or persons to whom any Estate is hereby limited or intended to be limited, of and in the said Mannors of A. and B. his, their or some of their Heirs or Assigns, shall not within three years next after the decease of the said A. F. and P. F. or the Survivor of them, well and truly pay or cause to be paid unto the said S. F. second Son of the said J.F. (if he the said S. F. shall and do so long live) the sum of 1500 l. of lawful Mony of England, That then and immediately after such default of payment, and all and every the use and uses herein before declared and limited as for and concerning the said Mannors of A. and B. shall cease and be void: And then also and from thenceforth the said Recovery so as aforesaid, or in any other sort to be had and suffered, and the Recoveror and Recoverors therein named, his and their Heirs shall stand and be seized in and of all and singular the said, &c. to the use and behoof of the said S. F. his Heirs and Assigns, until he or they shall or may out of the Rents, Issues and Profits thereof have fully levied and received the said sum of 1500 l. together with lawful Interest for the same at the rate of six pounds by the year, for every hundred pound for the forbearing thereof, from the end of the said three years, next ensuing the deaths of the said J. F. and P. F. or the Survivor of them; and all Damages, Costs and Charges which he the said S. F. his Heirs, Executors or Administrators shall [Page 402]sustain or be put unto in or about the recovering and obtaining of the said Mony, or in and about any Suit concerning the same. And from after such time as the said S. F. his Heirs or Assigns shall, or without fraud or covin might have received the said 1500 l. together with all Interest due for the same as aforesaid, together with all charges, expences and damages as aforesaid, touching or any wise concerning the same, out of the Rents, Issues and Profits of the said Mannors, &c. That then and from thenceforth the said Recoveries shall be and enure, as to the said Mannors of, &c. And the Recoveror and Recoverors therein to be named, his and their Heirs and Assigns shall stand and be seized thereof, and of every part and parcel thereof, to the use of such person and persons, and of such Estate and Estates to whom the said Mannors ought to have come and be remaining by the true intent and meaning of these presents, in case the said last mentioned Proviso, for, touching or concerning the said S. F. or any matter or thing therein contained had never been. And it is further convenanted, granted, concluded, declared and fully agreed by and between all the said parties to these present Indentures for them and their Heirs respectively: And the true intent and meaning of these presents, and of all the parties thereunto is, That as to, for, touching and concerning the said Mannor of D. late part of the Inheritance of the said R. F. with the Rights, Members, Appurtenances, Lands, Tenements and Hereditaments therennto belonging; The said Recovery so as aforesaid, or in any other manner to be had and suffered. And all other Recoveries, Conveyances, Fines, Feoffments and Assurances in the Law whatsoever, since the death of the said R. F. late Wife of the said J. F. had made levied, suffered, acknowledged or executed, or to [Page 403]be had, made, levied, suffered or executed by or between the said parties to these presents or any of them, or whereto they or any of them shall be parties of, for or concerning the said Mannor of D. or part or parcel thereof, either solely or together, with other the said Mannors, &c. or any of them, shall be and enure, and shall be adjudged, deemed, esteemed, reputed and taken to be and enure, to the uses, behoofs intents and purposes, as to the said Mannor of D. with the Rights, Members and Appurtenances thereof, and with, upon and under such Proviso's, Conditions, Powers, and Limitations as are hereafter in and by these presents mentioned and declared, (that is to say) to the use and behoof of the said P. F. and his Assigns, for and during the term of his Natural Life, without impeachment of waste, and from and after his decease, to the use and behoof of A. F. his Wife, for and during the term of her Natural Life: And from and after the decease of the Survivor of them the said P. F. and A. F. his Wife to the use and behoof of the said J. F. for and during the term of his Natural Life: And from and after the decease of the said J. F. to the use of, &c. Provided always, and the true intent and meaning of these presents is, That it shall and may be lawful to and for the said P. F. at any time or times after the decease of the said A. F. in case he shall happen to survive her, during his Natural Life by his Deed or Deeds indented by him, duly executed in the presence of two or more Credible Witnesses, to make one or more Lease or Leases for one two or three Lives, or one and twenty years or under, of the said Mannor of D. or any part thereof, under such Rent, Rents, Reservations and Covenants as he shall think fit, to any person or persons whatsoever, upon Trust for the [Page 404]raising of the several portions herein after mentioned, for such Daughter or Daughters as the said P. F. shall happen to have, and not otherwise provided for, (that is to say) if one Daughter, then for the raising of one thousand pounds for that Daughter, and if more Daughters, then for the raising of five hundred pounds apiece for each and every of the said Daughters, to be paid them at their several and respective ages of one and twenty years or days of Marriage, which shall first happen. And that all and every such Lease and Leases, Demise and Demises, Grant or Grants to be made as aforesaid, shall stand and be good and effectual in the Law to all intents and purposes: And the said Recovery so as aforesaid, or in any other manner to be had and suffered shall be and enure, and the Recoveror or Recoverors therein named or to be named, his and their Heirs shall stand and be seized of and in so much of the said Mannor of D. as shall be so Demised or Leased, to the use of such person or persons, his and their Executors, Administrators and Assigns to whom such Demise or Demises, Lease or Leases, Grant or Grants shall be made as aforesaid. In, &c.
A way to preserve Contingent Uses in case the particular Estate determine before they come in esse.
THIS Indenture Tripartite be ween B. A. of the first part, R. C. and C. R. of the second part, and J. F. and F. J. of the third part witnesseth, That it is covenanted, granted, concluded and agreed, &c. (insert a Covenant for B. A. to levy a Fine to J. F. and F. J.) And it is covenanted granted, condescended, agreed and declared by and between all the said parties to these presents, That [Page 405]the said Fine or Fines, and all other Fine or Fines hereafter to be had and levied by and between the said parties to these presents, or any of them, of the said Mannor and Premisses, or any part thereof are meant and intended to be, and immediately from and after the acknowledging and levying of the said Fine or Fines shall be taken, judged and construed to be and enure to the several uses, trusts and purposes, hereafter mentioned (that is to say) to the use and behoof of the said B. A. and his Assigns, for and during the term of his Natural Life: And from and after the determination of the Estate of the said B. A. to the use and behoof of the said R. C. and C. R. and their Heirs, for and during the Natural Life of the said B. A. to the end, intent and purpose, and in trust only to preserve the contingent remainders hereafter mentioned: And from and after the decease of the said B. A. to the use and behoof of the first Son of the said B. A. lawfully to be begotten on the Body of D. A. his now Wife, and of the Heirs Males of the Body of such first Son lawfully to be begotten; and for default of such Issue, to the use and behoof of the second Son of the said B. A. on the Body of the said D. A. to be begotten, and of the Heirs Males of such second Son (and so to third, fourth or fifth Sons) And for want of such Issue, to the use and behoof of all and every other Son and Sons of the Body of the said B. A. to be begotten on the said D. A. successively, one after the other, as they shall be in seniority of Age and priority of Birth, and the several and respective Heirs Males of their Bodies; the eldest and his Heir Male of his Body to be always preferred before the younger of them and the Heir Male of his Body: And for default of such Issue, in case the said D. shall be enseint at the time of the death of the said B. A. then to the use and behoof of the said D. [Page 406]until she shall be delivered of such Child or die, which of them shall first happen, in trust only for the preservation of the contingent Remainder unto her Son, if she shall be enseint of a Son; and if such Child shall not be a Son, then to the use and behoof of such after born Son, lawfully to be begotten, and the Heirs Males of the Body of such after born Son lawfully to be begotten: And for want of such Issue, to the use and behoof of the said R. C. and C. R. their Executors, Administrators and Assigns, for and during the term of five hundred years: And from and immediately after the end of the said Estate or term of five hundred years, to the use and behoof of the said B. A. and the Heirs Males of his Body, and for want of such Issue, to the use and behoof of the right Heirs of the said B. A. for ever. And as for, touching or concerning the said Estate of five hundred years herein before limited, to the said R. C. and C. R. it is hereby declared, That the said Estate is so limited to them as aforesaid in trust, That they the said R. C. and C. R. or the Survivor of them, their or his Executors, Administrators or Assigns shall and may out of the yearly and accidental Rents, Issues and Profits of the said Mannor, &c. herein before limited to them for the said term of five hundred years, for default of Issue Male as aforesaid, levy, raise and pay the several Sums hereafter mentioned, as well for the maintenance and education, as for the Portion or Portions of the Daughter or Daughters of the said B. A. of the Body of the said D. A. to be begotten, in case there shall be a failure of Issue Male of the Body of the said B. A. on the Body of the said D. A. to be begotten in such manner and form as is hereafter expressed and declared, (that is to say) the sum of 10000 l. of good and lawful Mony of England, in case they shall have but one Daughter [Page 407]between them two, for the Marriage Portion of such Daughter, if such Daughter shall not be preferred in Marriage by the said B. A. in his lifetime: And in case there shall be more than one Daughter between them begotten, the sum of 1000 l. apiece of lawful Mony of England to every such Daughter that shall not be preferred in Marriage in the life-time of the said A. B. the said Portion and Portions to be paid to them respectively at their several Ages of one and twenty years, or respective days of Marriage, which of them shall first happen: And in the mean time for the raising and paying to and for such Daughter or Daughters until their several Portions shall become due and payable as aforesaid, necessary and convenient maintenance at the discretion of the said Trustees, or the Survivor of them, their or his Executors, Administrators or Assigns. And it is concluded and agreed by and between all the said parties to these presents, and it is the true intent and meaning hereof, That when the several Portions and Sums of Mony aforesaid, shall be paid and satisfied to the said Daughter or Daughters as aforesaid, according to the true intent and meaning of these presents, or if he or they to whom the Remainder or Reversion of the said Mannor, &c. shall be, remain or come by virtue of these presents, after the end or expiration of the said Estate of five hundred years, shall well and truly satisfie and pay, or cause to be satisfied and paid or otherwise secure to be satisfied or paid unto such Daughter or Daughters, the said several sums as aforesaid, That then, immediately from and after such payment made, or security given for payment of the said sum or sums to such Daughter or Daughters as aforesaid, according to the true intent and meaning of these presents, the said Estate or Term of five hundred years herein [Page 408]before limited to the said R. C. and C. R. as aforesaid, shall cease and determine, and be utterly void and of none effect.
A Conveyance or Settlement, whereby a man Settles an Estate on himself, and divers Estates for Life, and in Tail by Covenant to stand seized.
THIS Indenture made, &c. Between R. C. of, &c. of the one part, and J. F. of, &c. and F. J. of, &c. of the other part witnesseth, That it is covenanted, condescended and agreed, by and between the Parties to these presents in manner and form following; That is to say, whereas the said R. C. the day of the date hereof, hath but one Son only B. C. his Heir apparent, and one Daughter A. C. And is fully resolved and determined, how and in what manner his Mannors, &c. shall by the grace of God remain, continue and be as well in the life time of the said R. C. and B. C. his Son as after their Deaths, And being withal greatly desirous to contiue, and stay all and singular his said, &c. in his Sirname, And for that purpose to settle the same as followeth, he the said R. C. doth as well for the Consideration aforesaid, as also for natural and fatherly love which he beareth unto his said two Children; As also for the natural love which the said R. C. beareth unto H. C. his Brother and G. C. his Sister and towards H. C. his Kinsman hereafter named, doth covenant and grant for him and his Heirs, to and with the said J. F. and F. J. their Heirs and Assigns by these Presents, That he the said R. C. and his Heirs, and all and every other person and persons, and their Heirs that now stand and be seized of, or in all and singular the, &c. or that hereafter shall be seized of the said, &c. or of any part thereof, shall stand [Page 409]and be seized thereof, and of every part thereof to such uses, intents and purposes, and upon such conditions and limitations of uses, as in these Presents shall be expressed and declared, and to no other use, intent or purpose whatsoever; That is to say, to the only use and behoof of the said R. C. for and during the term of his natural Life, without impeachment of Wast, And from and after the determination of the said Estate, To the use of the said J. F. and his Heirs during the Life of the said R. C. to prevent his docking the contingent, Remainders herein after limited and appointed, And from and after his Death, then of and concerning the said Lands, &c. to the use of D. C. now Wife of the said R. C. for the term of her Life for her Jointure, and in lieu and satisfaction of her Dower; And after her decease to the use of the said B. C. and the Heirs Male of his Body lawfully to be begotten, And for want of such Issue to the use of the said C. C. and the Heirs Males of the said C. C. begotten, or to be begotten, And for want of such Issue to the use of the said H. C. and the Heirs Males of his Body lawfully begotten, And for want of such Issue to the use of the right Heirs of the said R. C. for ever; And for and concering the Mannor of, &c. and all the residue of the said Premisses not limited and appointed to the uses before mentioned, To the use of the said B. C. for the term of his life, without Impeachment of Wast, And after his decease to the use of the said A. C. Daughter of the said R. C. and the Heirs of the Body of the said R. C. begotten and to be begotten, And for want of such Issue to the use of the said F. C. Sister of the said R. C. and the Heirs of the Body, &c. And for want of such Issue, to the use of the right Heirs of the said R. C. for ever.
Livery of Seizin by Feoffor to Feoffee.
MEmorandum, That this 10th day of December Anno Dom. 1693, peaceable and quiet Possession, and Seizin of the said Messuage and Lands, and other the Premisses in this Deed contained, was delivered by the within named R. C. to the within named J. F. according to the form and effect of this Deed, in the presence of those whose names are hereunto subscribed.
Livery made by Attorney named in the Deed.
MEmorandum, That the 10th, &c. peaceable and quiet Possession and Seizin of the Mannor, &c. within specified, was taken, had and delivered by J. F. and F. J. the Attorneys within named, to the within named R. C. according to the tenour and true meaning of this present Indentrue, in the presence of those whose names are hereunto subscribed.
Another.
MEmorandum, That the day and year within written, full and peaceable Possession of all and singular the Lands, &c. within granted or mentioned to be granted, was taken and had by the within named J. F. for and in the names of F. J. within mentioned, and afterwards was for and in the name of the said F. J. delivered by the said J. F. unto the within named R. C. according to the Authority within given, To hold to him the said R. C. his Heirs and Assigns, according to the form and effect of this present Deed, in the presence of those whose names are underwritten.
Another when the Letter of Attorney is in a several Deed.
MEmorandum, That full, quiet and peaceable Possession of all and every the, &c. within mentioned to be granted, was taken and had by R. C. the Attorney, the within named C. R. by force and virtue of a Letter of Attorney to the said R. C. in that behalf made by the said C. R. bearing date, &c. for and in the behalf of the said C. R. And was afterwards by the same authority, for and in the name of the said C. R. delivered by the said R. C. unto one J. F. the Attorny of the within named F. J. thereunto lawfully authorized by force and virtue of one Letter of Attorney, made by the said F. J. unto the said J. F. in that behalf, bearing date, &c. according to the form and effect of this present Deed, the 10th day of December, Anno Dom. 1693, in the presence of those persons whose names are hereunto subscribed.
Attorments.
MEmorandum, That R. C. of, &c. Lessee of all the Lands, &c. within mentioned, having heard this present Indenture read, and taken perfect notice and knowledge of the contents thereof, doth consent and agree thereunto, And doth Attorn Tenant to the within named C. R. for the said, &c. this tenth, &c. in the presence of those whose names are hereunto subscribed.
Another.
MEmorandum, That the within named R. C. Lessee of all, &c. within mentioned, after the sealing and delivery of these presents, and perfect notice thereof taken by him, and of the contents thereof did the, &c. in the year within mentioned Attorn Tenant unto the within named C. R. upon the said Grant, according to the form and effect thereof, by the payment of sixpence of lawful Mony of England, in the name of Attornment in the presence of, &c.
Another
MEmorandum, That F. J. of, &c. Gent. and the rest of the Tenants and Farmers of the within mentioned Premisses, by virtue of several Leases made unto them by the within named J. F. having all of them had perfect notice of this present Grant, did severally Attorn, and became Tenants of and for their several and respective interests in the Premisses, to the within named B. A. this present 10th day of December, in the year within written, And the said Tenants have every of them, given unto the said B. A. one penny in the name of Attornment in the presence of, &c.
An Attornment by a Collateral Deed.
THIS Indenture made, &c. Between R. C. of the one part, and C. R. of the other part. Whereas the said R. C. is seized in his demesne as of free-hold, for and during the term of his natural life, of and in, &c. by vertue of a Lease to him thereof made by J. F. of, &c. by his Indenure bearing date, &c. And whereas the said J. F. [Page 413]by his Deed indented bearing date the, &c. Hath granted the said, &c. with the appurtenances, and the reversion thereof, to the said C. R. as in and by the said Indenture more at large appeareth: Now this Indenture witnesseth, That the said R.C. for divers good causes and considerations him hereunto moving, Hath consented, agreed, attorned and become Tenant; And by these Presents doth consent, agree and become Tenant to the said C. R. and to the said grant to him made, of the said, &c. and the reversion thereof; And in the name of Attornment and seizin of the Rent reserved upon the said Lease thereof, have, at and before the sealing of these Presents paid to the said C. R. one half years rent due at Lady-day last, which the said C. R. hath accepted of, and from the said R. C. as from his Tenant and in name of seizin thereof, and Attornment to the said Grant to him thereof made as aforesaid. In witness, &c.
Livery and Attornment together.
MEmorandum. That on the, &c. Peaceable and quiet Possession and seizin of the, &c. within specified, was taken and had, and deliver ed by the Attorny within named, to the within named R. C. according to the tenour and true meaning of this present Indenture, And likewise the day and year above-said, A. B. C. D. And E. F. being Tenants of the Premisses by several Leases to them made of their respective Tenancies did severally Attorn Tenants to the said R. C. according to this present Grant, whereof they and every of them had full and perfect notice, at the time of their said respective Attornments, All which was done in the presence of the persons, whose names are hereunto subscribed.
An Assignment of several Leases to two Assignees made Tenants in Common, and not Joint-Tenants.
THIS Indenture Tripartite made, &c. Between J. D. of, &c. of the first part, T. H. of, &c. of the second part, and R. H. of, &c. of the third part witnesseth, That R. F. late of, &c. by his Indenture of Lease bearing date the 10th day of, &c. in the 4th year of the Reign of the late Queen Eliz, did Demise, Grant and to Farmlet unto, &c. (and so recite all the Leases) which said several Indentures of Lease with the respective Estates, Interests, Term and Terms of years of the aforesaid G. H. J. K. and L. M. of and in the said Messuage, Lands, Tenements, and other all and singular the Premisses with the appurtenances before herein specified afterwards by good and sufficient Conveyances and Assurances in the Law, did vest and come unto the said J. D. who is now lawfully possessed of all the said Messuages, Lands, Tenements and Premisses, with the Appurtenances, for and during all the residue of the respective Terms of years, in and by the said several Indentures of Lease granted as are yet to come and unexpired. And this Indenture further Witnesseth, That the said J. D. for and in Consideration of 340 l. of lawful Mony of England, to him by the said T. H. and R. H. before the sealing and delivery hereof, well and truly in hand paid, Hath granted, bargained, sold, assigned and set over, and by these presents doth fully, clearly and absolutely grant, bargain, sell, assign and set over unto the said T. H. and R. H. the said Messuage, Lands, Tenements and other all and singular the Premisses, with the Appurtenances, in and by the several before mentioned Indentures of Lease demised, together with the said Indentures of Lease, and all the [Page 415]mean Assignments thereof made; and all the Estate, Right, Title, Interest, Term and Terms of years, possession, reversion, claim and demand whatsoever of him the said J. D. of, in and to the said Messuage, Lands, Tenements and Premisses: To have and hold the moiety or one half of all the said Messuage, Lands, Tenements and Premisses, with the Appurtenances, unto the said T. H. his Executors, Administrators and Assigns, from the making of these presents, for and during all the residue of the several Terms of years in and by the several before mentioned Indentures of Lease granted, as are yet to come and unexpired. (The like Habendum of the other Moiety to R. H.) And the said J. D. doth for himself, his Heirs, Executors and Administrators, covenant and grant to and with the said T. H. and R. H. their Executors Administrators and Assigns by these presents, That they the said T. H. and R. H. their Executors, Administrators and Assigns, by Moieties respectively, as aforesaid, shall or lawfully may from time to time, and at all times, for and during all the residue of the several Terms of years, in and by the several before mentioned Indentures of Lease granted as are yet to come and unexpired, under the Reservations, Conditions and Agreements in the said several Indentures of Lease contained, peaceably and quietly have, hold, use, occupy, possess, enjoy and keep all the said Messuages, Lands, Tenements and Premisses, with the appurtenances, before in these presents mentioned, to be bargained, sold or Assigned, without any let, trouble, interruption or contradiction of or by said J. D. his Executors, Administrators and Assigns; and without any lawful let or interruption of or by any other person or persons, having or lawfully claiming, or which shall or may have or lawfully claim, any Estate, [Page 416]Right, Title or Interest, of, in or to said Messuage, Lands, Tenements and Premisses, with the appurtenances, or any part thereof, in, by, for, from or under the said J. D. his Heirs. Executors or Administrators, or by or with his or their consent, privity or procurement. And also, that the said Messuage, Lands, Tenements and Premisses now are, and during all the remainder of the said several Terms of years, shall remain, continue and be unto the said T. H. and R. H. their Executors, Administrators and Assigns, by Moieties respectively, as aforesaid, free, clear and clearly acquitted and discharged, of and from all former and other gifts, bargains, sales, surrenders, forfeitures, charges, titles, troubles, burthens and incumbrances whatsoever, had, made, committed, done or suffered by the said J. D. his Executors, Administrators or Assigns. And also, That the said J. D. his Executors and Administrators, and all and every other person and persons, having or lawfully claiming, or which shall or may have or lawfully claim any Estate, Right, Title or Interest, of, in or to the said Messuage, Lands, Tenements and Premisses, with the appurtenances, in, by, from or under the said J. D. shall and will upon every reasonable Request, during the space of 10 years next coming, at the costs and charges in the Law of the said T. H. or R. H. their Executors, Administrators or Assigns, well and truly do, acknowledge, suffer and execute all and every further lawful and reasonable Act and Acts, thing and things, conveyance and assurance in the Law whatsoever, for the further better and more perfect assurance, surety and more sure making and conveying all the said Messuage, Lands, Tenements and Premisses, with the appurtenances, unto the said T. H. and R. H. their Executors, Administrators and Assigns, by Moieties, respectively, as aforesaid, for [Page 417]and during all the remainder of the said several Terms of years as are yet respectively to come and unexpired.
In witness, &c.
A Lease of a Messuage, Mill, Lands, Meadows, Pastures, Tythes, and other things, with several Exceptions, Habendums, Reservations of Rent, Provisoes and Covenants, whereby may be made a several Lease of any of those things, with such Exceptions, Habendums, Reservations of Rent, Provisoes and Covenants, as the case requireth.
THIS Indenture made, &c. Between J. L. of D. in the County of S. Clerk, of the one part, and W. T. of H. in the same County, Yeoman, of the other part, Witnesseth, That the said J. L. hath demised, granted, and to farm letten, and by these presents doth demise, grant and to farm let unto the said W. T. All that Messuage, Tenement and Farm, called H. Farm, with all Houses, Farms, Stables, Yards, Backsides, Gate-Rooms, Gardens Orchards, Lands, Meadows Pastures, Feedings, Moors, Marshes, Wood-grounds, Commons, Ways, Waters, Easments and Appurtenances whatsoever, to the said H. Farm belonging, or as part, parcel or member thereof, at any time accepted, reputed, taken, known, used, leased, occupied or enjoyed in H. aforesaid.—All that Messuage or Tenement with the Appurtenances, some-times called B. late in the occupation of J. S. and all Outhouses, Barns, Stables, Buildings, Curtilages, Gardens and Orchards thereunto belonging. And also all those several Closes or parcels of Land, Meadow and Pasture herein after particularly mentioned; (That is to say,) All that Close of Arable Land called T. Close, containing by Estimation, 10 Acres, between the High-way leading from A. [Page 418]to B. on the East a Ditch in the Land of J. B. on the west a Hedge on the Land of W. B. on the North, and Land in the occupation of S. C. on the South; and also all that Close or Pasture, containing by Estimation six Acres, between a Fence of Post-Rails and Pales on the Land of A. B. on the East, a Wall on the Land of W. Y. on the West, Land of E. F. on the North, and Land of S. H. on the South; and also all that parcel of Land containing in length 45 Perches and 2 Foot, and in breadth at the East-end 10 Perches, 3 Foot and 6 Inches, and at the West-end 15 Perches and 9 Foot, in a common Field call Whitefield, and between Land there of B. C. on the East, and Land of D. E. on the West. (And so of other parcels, wherein you may briefly express, as before, whether the Fence do belong to them or the adjoyning Lands) All which said Messuage, Lands and Premisses, are situate and being in the Parish of D. aforesaid; and also all Ways, Waters, Easments and Appurtenances, to the said Messuages, Lands and Premisses, or any of them belonging— All that Messuage or Tenement commonly called the White-Lion, now in the occupation of A. B. his Assigns or Under-Tenants, in or near the Street called Cheapside, in the Parish of Mary le Bow, London, together with all and singular Shops, Cellars, Solars, Chambers, Rooms, Entries, Lights, Windows, Ways, Passages, Yards, Backsides, Buildings, Gutters, Water-courses, Easments, Profits, Commodities and Appurtenances whatsoever, to the said Messuage in any wise appertaining— All that Messuage or Tenement and Brew-house, late in the occupation of A.B. his Assigns or Under-Tenants, in or near a Street called B. Lane, in the Parish of St. Mary A. London, together with all Stables, Edifices, Buildings, Lights, Windows, Ways, Passages, Water-courses, Profits, Commodities and [Page 419]Appurtenances thereunto belonging; and also all and singular those Furnaces, Coppers, Vats, Vessels and other Utensils, Goods and Chattles in the said Messuage, Tenant and Brew-house, now being, and lately used together with the same, specified in a Schedule hereunto annexed—All that his Water-grist, Mill and Mills, (being two Grist-Mills under one Roof) commonly called or known by the name of B. Mill or Mills, with the Appurtenances in the Parish of, &c. sometimes in the Tenure or Occupation of A. B. and now, or late in the Occupation of C. D. or his Assigns, or Under-Tenants; and all that parcel of Ground on part whereof the said Mills stand, containing by Estimation One Acre or thereabouts, be the same more or less; And also, All that the Suit of and to the said Mills as well Customary as Conventionary, of all the Tenants of the Mannor of S. in the County of S. to Grind there all the Corn and Grain of the said Tenants, and also all and singular Heads, Wares and Mill ponds, and the Soil thereof, to the said Mill or Mills belonging or appertaining; And all Stanks, Banks, Ponds, Streams, Waters, Watercourses, Rivers, Fishings, Fishing places, Ways, Paths, Passages, Easments, Profits, Commodities Advantages, Emoluments and Appurtenances, to the said Mill and Mills and other the Premisses or any of them, or any part or parcel thereof, belonging or appertaining, or with the same now, or at any time heretofore used, occupied or enjoyed.—All that Messuage with the Barns, Stables, Out-houses, Gate-rooms, Back-sides, Orchards and Gardens thereunto belonging, and all those several Closes and parcels of Arable Land, Meadow and Pasture, containing together about one hundred fifty and six Acres to the said Messuage belonging; All which Premisses are [Page 420]called Nutborne Farm, and were late in the Occupation of T. F. And also, all Ways, Waters, Commons, Common of Pasture, Easments and Appurtenances to the said Messuage or Farm in any wise appertaining; And also all Tythes of Corn, Grain and Hay, growing, renewing or issuing out of all the said Demised Lands and Premisses—The Rectory of A. with the Appurtenances, and the Tythes of Corn, Grain and Hay thereunto belonging in the said County of S.—The Rectory of A. with the Appurtenances, and also, all Tythes both great and small, to the said Rectory belonging in the said County of S.—All and all manner of Tythes both great and small belonging to the Rectory of A. in the said County of S.—All that Portion of Tythes in S. aforesaid, which did formerly belong to the Rectory of R. in the said County (to wit) Two third parts, or Two parts in three, parts, to be divided of all the Tythes of Corn, Grain, Hay, and other great Tythes arising growing, renewing, or increasing upon all those Lands and Grounds called K. Farm, or belonging to K. Farm; now in Occupation of T. H. Except, and always Reserved out of this present demise and grant unto the said J. L. his Heirs and Assigns, All Woods, Under-woods Timber and Trees, now standing, growing or being, or which during this demise and grant, shall stand, grow, or be in or upon the demised Premisses, or in or upon any part or parcel thereof; Together with free Liberty of Ingress, Egress and Regress, for him the said J. L. his Heirs and Assigns, and his and their Servants, Labourers and Workmen, with Carts, Wayns, Working-Tools, Utensils and Implements, to Fell, cut down, Load, have, take and carry away the same Woods, Under-woods, Timber and Trees, at his and their free Wills and Pleasures: [Page 421]And also, Except, and always reserved out of this present demise, and grant unto the said J. L. his Heirs and Assigns, and his and their Servants, Labourers and Workmen, free Liberty of Ingress Egress and Regress from time to time, and at all times seasonably and convenient during the Term hereby granted, to enter in and upon the said Messuage, or Tenement, Lands, and other all and singular the Premisses, before in these presents demised, and every part and parcel thereof, to view and see the same, and their reparations, defects and decays thereof at their free Wills and Pleasures, Except, and always reserved out of this present demise and grant unto the said J. L. his Heirs and Assigns, All Timber, and other Trees of whatsoever Nature or kind now standing growing or being, or which during this demise and grant, shall stand grow or be in or upon the Lands and Grounds hereby demised, or in or upon any part or parcel thereof, with free liberty of Ingress, Egress and Regress, for him the said J. L. his Heirs and Assigns, and his and their Servants, Labourers and Workmen, with all Carts, Wayns, Working-tools, Utensils and Implements, to Fell, cut down, Hew, Square, Work out, Coard, Coal, Spoyl, Convert, Load, have, take and carry aways the said Timber Trees, and other Trees, and all the Timber, Coal, Wood and Stuff thereof, coming, arising or increasing; And to Dig and make Coal-pits, Sawpits and places to work in, for the Coaling, Sawing and converting thereof, in and upon the Lands and Grounds hereby demised; And for that purpose to have and take, cover and quench of Earth and Fern in and upon the said Lands and Grounds hereby demised, at his and their free will and pleasure, for the better coaling and converting thereof, doing as little hurt or spoil as may be, unto the Corn, Grain or Grass, [Page 422]of the said W. T. growing on the demised Premisses from time to time, in converting the said Timber Trees and other Trees; And also Except, and always reserved out of this demise and grant unto the said J. L. his Heirs and Assigns, the Royalties and Games of Hawking, Hunting, Fishing and Fowling, in and upon the demised Premisses, or in or upon any part or parcel thereof, with free liberty of Ingress, Egress, and Regress. for him the said J. L. his Heirs and Assigns, and his and their Servants, to Hawk, Hunt, Fish and Fowl, there at his and their free wills and pleasures, doing no wilful hurt or spoil in the Corn or Grain of the said W. T. growing upon the demised Premisses, And also, Except and always reserved out of this demise and grant unto the said J. L. his Heirs and Assigns, All that the Mannor of S. with the Rights, Members and Appurtenances thereof, and all Court-leets and Court-Barons, and all the Profits of the same Courts, and all Quitrents, Fines, Herriots, Services, Reliefs, Amerciaments, Wayfs, Estrays, Goods and Chattles of Felons, Wrecks of Sea, Deodands and Escheats whatsoever, to the said Mannor belonging or appertaining, and free liberty of Ingress, Egress and Regress, for him the said J. L. his Heirs and Assigns, and his and their Steward to keep Court in the said Capital Messuage or Tenement before in these presents demised from time to time, during the Term hereby granted at his and their free wills and pleasures, for the said Mannor of S. and free liberty of Ingress, Egress and Regress, for all Servants, Tenants and Suitors, at and to any Court-Leet or Court-Baron to come, be and continue there during the continuance of such Court-Leet or Court Baron, there to be held from time to time; And also, Except and reserved free liberty for him the said J. L. his Heirs and Assigns, and his and their Servants, and Workmen, [Page 423]with Carts and other necessaries to come upon the Premisses, to repair the Seabanks as often as need shall be, and to cut and take Timber, Woods and Under-woods, on the Premisses for the doing thereof. To have and to hold, all the said Mannor, Messuages, Lands, Tenements, Tythes and Premisses, with the Appurtenances before in these presents mentioned, to be demised unto the said W. T. his Executors, Administrators and Assigns, from the Feast of the Annuntiation of the blessed Mary last past, before the date hereof, for, during, and until the full end and Term of five Years, from thenceforth next ensuing fully to be compleat and ended; Yielding and paying therefore yearly and every year during the Term hereby granted unto the said J. L. his Heirs and Assigns, Threescore pounds of lawful Mony of England, at the Feasts of S. Michael the Archangel, and the Annuntiation of the blessed Mary by equal Portions to be paid; Provided always, that if it shall happen the said Yearly Rent of Threescore pounds or any part thereof, to be behind or unpaid in part or in all by the space of One and twenty days after any Feast or day of payment on which the same ought to be paid as aforesaid; That then and at all times after it shall and may be lawful to and for the said J. L. his Heirs and Assigns, into all the said demised Premisses, and every part thereof, wholly to re-enter and the same to have again, repossess and enjoy as in their former estate, any thing herein contained to the contrary notwithstanding; And the said W. T. doth for himself, his Executors, Administrators and Assigns, Covenant and grant to and with the said J. L. his Heirs and Assigns, by these presents, that he the said W. T. Tenants covenant to pay the Rent. his Executors, Administrators and Assigns, shall and will yearly [Page 424]and every year during the Term hereby granted, well and truly pay or cause to be paid unto the said J. L. his Heirs and Assigns, the yearly Rent of Threescore pounds before in these presents reserved to be paid at the days and times before herein limited for payment thereof, without Fraud or delay; And also, that the said W. T. his Executors, Administrators and Assigns, shall and will from time to time during the Term hereby granted, when and so often as need shall require, well and sufficiently Repair, amend, To Repair, and leave Repaired. maintain, sustain, fence, scower, cleanse and keep all the Houses, Barns, Buildings, Posts, Pales, Rails, Gates, Stiles, Hedges, Ditches, Fences and Inclosures which now are, or during this demise shall be in or upon the said demised Premisses; And the same so well and sufficiently repaired, amended, maintained, sustained, fenced, scowred, cleansed and kept together with the Possession of all the said demised Premisses, shall and will leave and yield up unto the said J. L. his Heirs and Assigns, at the end of said Term hereby granted; And also, To leave a Wheatlane. That he the said W. T. his Executors, Administrators and Assigns, shall and will at the end of the Term hereby granted, leave Twenty Acres of the Arable Land hereby demised in a Wheatlane, fit to be sown with Wheat in the next Year after the end of the Term hereby granted; To pay 50 s. for every Acre of Meadow which he shall Plough. And also, That if the said W. T. his Executors, Administrators or Assigns, do or shall at any time during the Term hereby granted, Plough, break up, sow or convert into Tillage the Marsh or the Long Meadow next the Mill-pond, or the [Page 425]Meadow through which the River runs, adjoyning to the Bull-Garden, parcel of the demised Premisses or any part thereof, then the said W. T. his Executors, Administrators and Assigns, shall and will Yearly and every Year, during all the residue of the Term hereby granted as shall be then to come and unexpired, yield and pay unto the said J. L. his Heirs and Assigns, fifty shillings of lawful Mony of England, for every Acre thereof, so to be Ploughed, broken up, sown or converted into Tillage for and in the name of an Over-rent, or increase of Rent over and above the Yearly Rent before in these presents reserved to be paid; And so after that rate for any greater or less quantity thereof to be Ploughed, broken up, or converted into Tillage, as aforesaid; Which said Over-rent or increase of Rent if any be, shall be paid unto the said J. L. his Heirs and Assigns, by equal Portions, at the days limited for payment of the Yearly Rent first before in these presents reserved to be paid; The first payment thereof to begin and be made at such of the said days as shall next happen after such ploughing, breaking up, sowing or converting into Tillage as aforesaid; And also, That the said W. T. his Executors, Administrators and Assigns, shall and will at their own Costs, bear, To pay Taxes to Church and Poor. pay and discharge all such Duties, Taxes, Assessments and Payments as shall during the Term hereby granted, be issuing due or payably out of, or for the said demised premisses to the Church, the Parish, and the Poor; Tenant to covenant to pay on behalf of Land-Lord his proportionable part of a Quit-Rent. And also, That he the said W. T. his Executors, Administrators and Assigns for and on behalf of the said J. L. his Heirs and Assigns, shall and will yearly during the [Page 426]Term hereby granted at the late Dwelling-house of H. H. in E. aforesaid, well and truly pay or cause to be paid unto H. C. his Heirs and Assigns, at the Feasts of the Annunciation of the Blessed Mary and St. Michael the Arch-Angel by equal portions 7 l. for the proportion of the said J. L. payable to the Bishop of W. of Rent for the Tithes of R. aforesaid: And also that he the said W. T. his Executors, Administrators and Assigns, shall and will from time to time, during the Term hereby granted, imbarn and lay all the Corn, To Imbarn Corn. Grain, Hay, Grass, Hame, Fern and Fodder, which during the said Term shall arise, grow, renew or increase in or upon the demised Premisses in the Barns, and upon the Lands and Grounds hereby demised, and not elsewhere, and shall and will also expend and lay all the Compost, Dung, To lay the Dung on the Land. and Soil thereof, had, made, coming, growing, arising, renewing, or increasing, upon the Lands and Grounds hereby demised, and not else-where, nor otherwise; And shall and will also at the end of the Term hereby granted, leave upon the demised Premisses all the Compost, To leave the Dung on the Land at the end of the Term. Dung, and Soil there made in the last year of the said Term, to and for the use and benefit of the said J. L. And the said W. T. doth further for himself his Executors, Administrators and Assigns, covenant and grant to and with the said J. S. his Heirs and Assigns, by these presents; That the said W. T. his Executors, Administrators or Assigns, shall not and will not at any time during the Term hereby granted, Not to Lop any but Pollard Trees. Lop, Top, or Poll any Trees growing on the demised [Page 427]Premisses, other than such as have been heretofore usually Lopped, Topped, and Polled; Not to Lop, or cut more than the 14th part of the Pollard Trees, Hedges and Underwoods, in one year. And that the said W. T. his Executors, Administrators or Assigns, shall not in any year of the Term hereby granted, Lop, Top, or Poll more than the fourteenth part of the Pollard Trees upon the Premisses, Nor shall or will in any year of the said Term, fell or cut more than the fourteenth part of the Under-woods, Hedges, Bushes, and Hedgrows there; And shall not again Lop, Top, Poll, Fell, or cut any Trees, Under-woods, Hedges, Bushes, or Hedgrows, which before during this demise shall have been Lopped, Topped, Polled, Felled or cut; And also, That the said W. T. his Executors, Administrators and Assigns, shall not at any time during the Term hereby granted, Lop, Top, or Poll any Trees, or Fell or cut down any of the Coppice-woods, Hedges, or Hedgrows which now are, or during this demise shall be standing or growing upon the demised Premisses at unseasonable times in the Year, Not to cut Wood at unseasonable times. or in any unhusbandry like manner; And also, that he the said W. T. his Executors, Administrators or Assigns shall not at any time during the Term hereby granted in any wise Fell or cut upon the demised Premisses any Tellows likely to grow up to be Timber Trees; Not to cut Tellows likely to be Timber. And the said J. L. doth for himself, his Heirs and Assigns, Covenant and grant to and with the said W. T. his Executors, Lessor Covenants, to pay Quit-rents and Kings Taxes. Administrators and Assigns by these presents, that the said [Page 428]W. T. his Heirs and Assigns, shall and will at their own Cost, bear, pay, and discharge or allow unto the said W. T. his Executors Administrators and Assign, All Rents which are, or during this demise shall be issuing or payable out of, or for the demised Premisses or any part thereof, to the Lord or Lords of the Fee or Fees thereof; And also all such Duties, Taxes, Assessments, and payments, as shall during this Demise, arise, become, or grow due out of, for or from the demised Premisses or any part thereof, to the King's Majesty, or for the defence or publick use or occasion of this Realm; To allow rough Timber for repair. And also, that he the said J. L. his Heirs and Assigns, shall and will from time to time upon every reasonable request when and so often as need shall require during the Term hereby granted, Assign, allow and appoint to and for the said W. T. his Executors, Administrators and Assigns, sufficient and convenient Timber rough upon the Stamp, to be had cut and taken by the said W. T. his Executors, Administrators and Assigns, upon the demised Premisses (if it be there to be had) at seasonable times in the Year, to be expended, used and employed for and towards reparation and amendment of the Messuage, Barns and Buildings aforesaid; And also, of all the Gates, Posts, Pales and Rails belonging to the demised Premisses, and also sufficient Estovers for Carts, Wayns, Waggons, Ploughs, and Harrows to be used and employed on the said demised Premisses, and not elsewhere; To allow Cart-Boot. And also, that the said W. T. his Executors, Administrators and Assigns, shall or may hold and enjoy the Barn aforesaid, therein to lay their Corn, Grain, and Hay, and liberty of Ingress, and Egress, into and from the said Barn, [Page 429]and the Gate-room thereunto adjoyning, That the Tenant may hold the Barn until May day after the term. to thresh out the said Corn and Grain in the said Barn, and to carry away the same with Carts and Carriages; And the Fodder of the said Corn and Grain, and the said Hay to spend in the said Gate-room, with their Cattle, until the first day of May next after the end of the Term hereby granted, without any let orinterruption of or by the said J. L. his Heirs or Assigns, The said W. T. his Executors, Administrators or Assigns, then leaving the said Barn well and sufficiently repaired, which to do the said W. T. doth Covenant with the said J. L. by these presents; And the said J. L. Doth further for himself, his Heirs and Assigns, Covenant and grant to and with the said W. T. his Executors, Administrators and Assigns, by these presents, that for and in consideration of thirty and two pounds parcel of the yearly Rent aforesaid, he the said J.L. his Heirs and Assigns, shall and will yearly, Lessor to accept of 4 Loads of Wheat for 32 l. of Rent and every year of the Term hereby granted, accept of four Loads of good clean dry and well winnowed Wheat to be delivered by the said W. T. his Executors, Administrators or Assigns, at D. within the Port of T. or such other place not further distant from N. aforesaid, as the said J. L. shall appoint; And that the said J. L. shall yearly appoint the time and place of such delivery; and the said W. T. doth Covenant to Deliver the said four Loads of Wheat accordingly; And also, that he the said J. L. his Heirs or Assigns, shall and will at his and their own proper Costs and Charges before the Twentieth of June next ensuing the date hereof, erect and build one New Barn, and one New Cart-house in and upon the demised Premisses; [Page 430]And the Gate-room thereunto belonging, Lesser to Build a New Barn and Cart-house. shall and will well and sufficiently Inclose and Fence with all needful and necessary Inclosures and Fences without fraud or delay; Tenant not to cut Hedges at unseasonable times. And the said VV. T. doth farther for himself his Executors Administrators and Assigns, Covenant and Grant to and with the said J.L. his Heirs and Assigns, by these presents, that he the said VV. T. his Executors, Administrators and Assigns, shall not and will not at any time or times during the Term hereby granted, sell or cut down any the Quick-set Hedges or Fences belonging to the demised premisses, but at seasonable times in the yeat; and for the better springing, growing and preserving of the same Hedges, shall and will do his and their best endeavours, for the preserving, nourishing, and keeping the said Quick-set Hedges, now belonging unto the demised Premisses, or such Quick-set Hedges as shall be new planted, upon the Premisses during the Term hereby granted; Tenant to leave the Pidgeon-House Stocked. And also, That he the said W. T. his Executors, Administrators and Assigns, shall and will at the end of the Term hereby granted, leave the said Dove-House hereby demised, Stocked with a Flight of One hundred and fifty Couple of Pidgeons at the least, to and for the only sole and proper use and benefit of the said J. L. his Heirs and Assigns; And shall and will also at the end of the said Term leave the Pidgeon-holes in the said Dove-House well and sufficiently repaired, amended, maintained, sustained, and kept without fraud or delay
Covenants to convey Land in Consideration of 5 s. in hand, and residue to be be paid at a day to come, without obliging the Buyer to pay, so that if he fails in payment, he may not pretend to have any Equity afterwards.
THis Indenture made, &c. Between N. C. of the City of C. in the County of S. Gent. of the one part, and A.B. &c. of the other part, witnesseth, That the said N.C. for and in consideration of 5 s. of lawful Mony of England, to him by the said, &c. before the sealing and delivery hereof, well and truly in hand paid, doth covenant with the said, &c. by these presents, that if the said N.C. shall be living on the 2d day of April next coming; And if the said A. B. or his Heirs, do or shall on the said 2d day of April, well and truly pay or cause to be paid unto the said N. C. the full Sum of 680 l. of lawful Mony of England, Then the said N. C. immediately after receipt of the said 680 l. shall and will at the Costs and Charges of the said A. B. by good and sufficient Conveyance and Assurance in the Law, and well and sufficiently to be executed, grant, convey and assure unto the said A. B. and his Heirs, all that Messuage or Tenement, Gate and Backside with the Appurtenances, containing by estimation 8 Acres of Land, and all that Field or parcel of Land called the Hine Earsh, containing by estimation six Acres, one other Field called or known by the name of Stanfield, containing by estimation four Acres, one piece of Land lying in two Severals called 8 Acres, one little Coppice containing by estimation two Roods, one parcel of Land called the Slipe, containing by estimations two Acres, and a half, one Mead called Hamock Mead, containing by estimation two Acres, one Mead lying near Ructon Gate between the Farm-Mead there, and Lands formerly of W. S. all which Premisses are situate lying and being in South-Mundham in the County aforesaid, and are now [Page 432]in the Occupation of E.D. And also, all that Messuage or Tenement called the White-Hart, with the Barn and Gate-room thereunto adjoyning and belonging, late partly in the Occupation of R. C. and partly of M. P. in the Parish of St. Pancras near the City of C. aforesaid; And also all that Messuage called the A. with the Backside and Stable thereunto belonging, situate and being in the West-side of the North-street within the City of C. aforesaid, and now in the Occupation of F. M. together with all Barns, Stables, Buildings, Orchards, Woods, Commons, Profits and Appurtenances whatsoever to the said Messuages, Lands and Premisses belonging, with Covenants on the part of the said N. C. therein to be comprised, that the said A. B. and his Heirs, shall and may from thenceforth, hold and enjoy all the said Premisses, without any let or interruption of the said N. C. his Heirs or Assigns, or of any person or persons claiming by, from or under him or them, except Lessees under the most usual Rents; Provided always, and it is hereby agreed and declared by the said parties, That if the said N. C. shall happen to die before the said 2d day of April, Or if the said, &c. or his Heirs, shall not pay unto the said N. C. the said 680 l. as aforesaid, Then the said, &c. his Heirs, Executors and Administrators, shall be wholly and for ever excluded and debarred of and from all Right, pretence of Equity, Claim, Preemption and Demand of, for or in to the said Messuage, Lands, Tenements and Premisses, and every part thereof, and of, in or to the said 5 s. by the said N. C. received as aforesaid.
In witness whereof the parties first above named, have to these present Indentures interchangeably set their Hands and Seals the day and year first above written.